Is corporal punishment in education against the law in Vietnam?

Is corporal punishment in education against the law in Vietnam?

Pursuant to Article 6 of the Law on Children in 2016 stipulating prohibited acts as follows:

1. Deprive children of right to life.

2. Neglect, abandon or engage in children trafficking, kidnap, swap and appropriate children.

3. Involve in child sexual abuse, use violence against children, abuse or exploit children.

4. Organize, support, incite or force the child to engage in child marriage.

5. Use, persuade, incite, excite, entice or force children to commit violations against the law, or offend honor or dignity of other person.

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Pursuant to Clause 6 Article 4 of the Law on Children in 2016 stipulating "Violence against the child" as follows:

Violence against the child refers to acts of maltreating, persecuting or beating a child; taking physical abuse or causing harm to the child’s health; reviling or offending honor or dignity of the child; segregating, driving the child away and other deliberate acts that cause physical and mental harm to the child.

As regulations above, corporal punishment is an act of violence against the child, which is also against the law in Vietnam.

Therefore, parents having the act of corporal punishment even for education is also the act of violence against the child. Therefore, the parents are against the law.

What are the fines for corporal punishment in education in Vietnam?

Pursuant to Article 52 of the Decree 144/2021/NĐ-CP stipulating acts of harming health of family members as follows:

1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for acts of beat causing injury to family members:

2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:

a) Using tools, means or other objects to cause injury to family members;

b) Failing to take the victim to the medical emergency or treatment in case the victim needs timely medical emergency or failing to take care of the victim during the treatment of injury due to domestic violence, except in cases where the victim refuses.

3. Remedial measures:

a) Mandatory public apology upon the victim’s requirement for the acts specified in Clauses 1 and 2 of this Article;

b) Mandatory payment of the entire medical examination and treatment cost in case of violations specified in Clause 1 and Point a Clause 2 of this Article;

As regulations above, a fine of from VND 5.000.000 to VND 20.000.000 shall be imposed for corporal punishment against children in Vietnam. In adition, the violator shall also face remedial measures.

In Vietnam: Shall anyone having the act of corporal punishment in education face criminal responsibility?

Pursuant to Article 185 of the Criminal Code in 2015 stipulting maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver as follows:

1. Any person who maltreats or commits violent acts against his/her grandparent, parent, spouse, child, grandchild or caregiver in any of the following circumstances shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The victim suffers from regular physical and mental pain;

b) The offender has incurred an administrative penalty for the same offence.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:

a) The offence is committed against a person under 16, a woman with the full knowledge of her pregnancy or an old and weak person;

b) The offence is committed against a person with severe or extremely severe disabilities or a person having a fatal disease.

As regulations above, a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment shall be imposed for having the act of corporal punishment or maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver.

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