Vietnam: How are persons who abuse and physically harm their spouse and children punished?

According to the Law on Domestic Violence Prevention and Control 2007 of Vietnam, the acts of domestic violence consist of:

- Physical violence: corporal beating, ill-treating, torturing or other purposeful acts causing injuries to one’s health and life;

- Sexual violence: forced sex;

- Psychological violence: insulting or other intended acts meant to offend one’s human pride, honor and dignity; isolating, shunning or creating constant psychological pressure on other family members, causing serious consequences;

- Other forms of violence: coercing family members to marry, divorce, or hindering voluntary marriage or the progress of family members; misappropriating, damaging, destroying, or intentionally damaging the personal property of other family members or the shared property of family members; etc.

For each of the mentioned acts of violence, the administrative violation, disciplinary action, or criminal liability will be determined based on the nature and severity of the violation. If harm is caused, compensation must be provided according to the provisions of the law. If the act of violence has not caused serious consequences and does not meet the elements of a criminal offense, it will be subject to administrative punishment in the form of fines and preventive measures to rectify the consequences.

The fine amounts range from VND 100,000 to VND 2,000,000, corresponding to each act specified in Section 4 of Decree No. 167/2013/ND-CP dated November 12, 2013 of Vietnam’s Government, which regulates the sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence.

In cases where the acts are of a serious nature and constitute criminal offenses, they may be subject to criminal prosecution according to the provisions of the Criminal Code regarding offenses such as intentional infliction of injury or harm to the health of others (Article 104); torture of others (Article 110), etc. The penalties for these offenses may include warnings, non-custodial reform, or imprisonment.

Regarding the competent authorities to handle and address domestic violence, current laws stipulate various agencies and organizations responsible for resolving, supporting, and counseling victims of domestic violence. Therefore, it is possible to file a complaint or report to the competent state authorities: People's Committees or the Police to request these agencies to take action against violations that endanger one's health, life, dignity, rights, and legitimate interests. In addition, individuals can also contact social organizations such as social protection facilities, support centers for victims of domestic violence, and counseling centers for domestic violence prevention and control. They can also seek assistance and support from reliable addresses within their localities, as announced by the local People's Committee, when their rights are violated.

Source: Doi song va Phap luat

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