In Vietnam: Shall anyone slapping customers in the face for bargaining price be liable to criminal responsibility?

In Vietnam: Shall anyone slapping customers in the face for bargaining price be liable to criminal responsibility?

Pursuant to Article 134 of the Criminal Code in 2015 (amended by Clause 22 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating deliberate infliction of bodily harm upon another person as follows:

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 30% whole person impairment (WPI) or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Explosive, a dangerous weapon, a dangerous method is used to harm numerous people;

b) Acid or a hazardous chemical is used;

c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

d) The victim is the offender's grandparent, parent, caregiver, teacher or physician;

dd) The offence is committed by an organized group;

e) The offender misuses his/her position or power to commit the offence;

g) The offender commits the crime while being kept in temporary detention, serving an imprisonment sentence, receiving compulsory education in a reform school, correctional institution or rehabilitation center;

h) The offence hires another person or is hired by another person to inflict bodily harm to another person;

i) The offence is of a gangster-like nature;

k) The offence is committed against a law enforcement officer in performance of his/her official duties or because of his/her official duties.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 06 years' imprisonment:

a) The offence causes 31% - 60% WPI for another person;

b) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI;

c) The offence has been committed more than once;

d) Dangerous recidivism;

dd) The offence results in bodily harm to another person who suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

3. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in ≥ 61% WPI of the victim, except in the circumstances specified in Point b Clause 4 of this Article;

b) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to another person who suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

d) The offence results in bodily harm to more than one person, each of whom suffers from 11% - 30% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 14 years' imprisonment:

a) The offence results in the death of a person;

b) The offence results in deformation of the victim’s face and the physical disability inflected is ≥ 61%;

c) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI;

d) The offence results in bodily harm to another person who suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article;

dd) The offence results in bodily harm to more than one person, each of whom suffers from 31% - 60% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

5. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:

a) The offence results in the death of more than one person;

b) The offence results in bodily harm to more than one person, each of whom suffers from ≥ 61% WPI in any of the circumstances specified in Point a through k Clause 1 of this Article.

6. Any person who prepares a weapon, explosive, acid, dangerous chemical; establishes or joins a group of criminals to inflicts bodily harm upon another person and shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

As regulations above, anyone who deliberately inflicts bodily harm upon another person and causes over 11% whole person impairment shall be liable to criminal responsibility.

The clothing shop owner shall face criminal responsibility if the whole person impairment of the customer is assessed over 11%.

What are administrative fines for slapping customers in the face for bargaining price in Vietnam?

Pursuant to Clause 1.d Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order as follows:

1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for any of the following violations:

d) Unintentionally causing injuries or bodily harm to another person but not liable to criminal prosecution;

Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

As regulations above, if the act of slapping customers in the face is not liable to criminal prosecution, the shop owner shall be fined from 300.000 VND to 500.000 VND.

What are administrative fines for slapping customers in the face at the market that leads to public disorder in Vietnam?

Pursuant to Clause 1.a Article 7 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on public order as follows:

1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for any of the following violations:

a) Disrupting order at a place with ongoing art performance, sports activities, commerce, office buildings, residential areas or other public places, except the cases specified in Point a Clause 2 and Point b Clause 5 of this Article;

As regulations above, a fine ranging from 300.000 VND to 500.000 VND shall be imposed for slapping customers in the face at the market that leads to public disorder in Vietnam.

Best regards!