What are the fines for the act of bodyshaming in Vietnam? Do people who commit the act of bodyshaming in Vietnam have to face imprisonment sentence?
What are the fines for the act of bodyshaming in Vietnam? Do people who commit the act of bodyshaming in Vietnam have to face imprisonment sentence? - Ms. Hoa (Binh Dinh)
Is there any fine for the act of bodyshaming in Vietnam?
Pursuant to Article 20 of the Constitution of the Socialist Republic of Vietnam in 2013 stipulating following regulations:
1. Everyone has the right to inviolability of his or her body and to the protection by law of his or her health, honor and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any form of treatment harming his or her body and health or offending his or her honor and dignity.
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As above regulations, the act of bodyshaming (insulting, mocking someone's appearance) is against the law in Vietnam. People who commit this act may be handled as prescribed by law.
What are the fines for the act of bodyshaming in Vietnam? Do people who commit the act of bodyshaming in Vietnam have to face imprisonment sentence? - image from internet
What are the fines for the act of bodyshaming in Vietnam?
Pursuant to Clause 3.a Article 7 of the Decree 144/2021/ND-CP stipulating violations against regulations on public order:
Violations against regulations on public order
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3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of this Decree;
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14. Remedial measures:
a) Mandatory restoration of original condition in case of violations specified in Point c Clause 1; Point l Clause 2 and Point e Clause 4 of this Article;
b) Mandatory rectification of false or confusing information in case of violations specified in Point a Clause 3; Point I Clause 4 of this Article;
c) Mandatory public apology in case of violations specified in Point a Clause 3, Points d and dd Clause 5 of this Article, unless it is relinquished in writing by the victim;
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Pursuant to Clause 2 Article 4 of the Decree 144/2021/ND-CP stipulating fines:
Maximum fines, organizations incurring administrative penalties
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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.
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As above regulations, people commiting the act of bodyshaming (including teasing, insulting, humiliating another person) shall face a fine ranging from 2.000.000 VND to 3.000.000 VND.
In addition, they must make public apology, unless it is relinquished in writing by the victim.
If the act of bodyshaming includes false or confusing information, the violator is made to rectify such information.
Note:
- The prescribed fines are the penalties applied to individuals for administrative violations. For organizations committing the same violation, the fines will be doubled compared to that imposed on individuals.
- The above fines do not apply to the following cases:
+ Having words or actions threatening, abusive, insulting the honor and dignity of the on-duty officers;
+ Insulting, nagging or hurting the honor and dignity of family members.
Do people who commit the act of bodyshaming in Vietnam have to face imprisonment sentence?
Pursuant to Article 155 of the Criminal Code in 2015 (amended by Clause 2.e Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating following regulations:
Insults to another person
1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against 02 or more people;
c) The offence involves abuse of the offender's position or power;
d) The offence is committed against a law enforcement officer in performance of his/her official duties;
dd) The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;
e) The offence is committed using a computer network, telecommunications network or electronic device;
g) The victim suffers from 31% - 60% mental and behavioral disability because of the offence.
3. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The victim suffers from ≥ 61% mental and behavioral disability because of the offence;
b) The offence results in the suicide of the victim.
4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
As above regulations, depending on the nature and severity of the offense, individuals who commit the act of bodyshaming may be liable to criminal responsibility for the offense of insults to another person. The offender shall be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 05 years' imprisonment.
In addition, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Pursuant to Article 156 of the Criminal Code in 2015 (amended by Clause 2.e Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating slander:
Slander
1. A person who commits any of the following acts shall be liable for a fine of from VND 10,000,000 to VND 50,000,000, face a penalty of up to 02 years' community sentence or 03 - 12 months' imprisonment:
a) Fabricating information or spreading false information to harm another person's reputation or infringes upon another person's lawful rights and interests;
b) Accusing a person of a fabricated crime report it to the authorities.
2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves abuse of the offender's her position or power;
c) The offence is committed against 02 or more people;
d) The offence is committed against the offender's grandparent, parent or a person who cares for, teaches, raises or provides medical treatment for the offender;
dd) The offence is committed against a law enforcement officer in performance of his/her official duties;
e) The offence is committed using a computer network, telecommunications network or electronic device;
g) The victim suffers from 11% - 45% mental and behavioral disability because of the offence;
h) Accusing another person of a very serious crime or extremely serious crime which is fabricated.
3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence is committed by despicable motives;
b) The victim suffers from ≥ 46% mental and behavioral disability;
c) The offence results in the suicide of the victim.
4. The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.
If the act of bodyshaming includes fabricating information or spreading false information to harm another person's reputation or infringes upon another person's lawful rights and interests, the offender shall face a penalty of up to 02 years' community sentence and the maximum sentence of 07 years' imprisonment.
Best regards!
