Vietnam: What are the sanctions for domestic violence?

Domestic violence is understood as "intentional acts by a family member that cause or have the potential to cause physical, psychological, or economic harm to other members within the family".

Therefore, in cases where the victim of domestic violence can prove that the mentioned harms are a direct consequence of the violent acts, measures can be taken to protect their legitimate rights and interests.

Currently, to protect the legitimate rights and interests of those affected, the Law on Domestic Violence Prevention and Control of Vietnam has specific provisions, including:

According to Article 42 of the Law on Domestic Violence Prevention and Control 2007 of Vietnam, handling of the domestic violence committing person is prescribed as follows:

“1. The domestic violence committing person, depending on the severity of the violation, shall either be fined as a civil violation, disciplined or charged for criminal penalty and have to compensate for any damages caused.

2. Officials, public employees and employees in the people’s armed forces committing domestic violence and supposedly being charged for civil violations according to paragraph 1 of this Article, shall be reported to the Heads of their institutions for education.

3. The Government shall stipulate specific civil violations concerning domestic violence prevention and control, the levels of penalties and the measures to address the consequences applicable to the persons who breach the Law on Domestic Violence Prevention and Control.”

Besides, in Section 4 of Decree No. 167/2013/ND-CP of Vietnam’s Government regulating the sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence:

Pursuant to Article 49 on acts of harming health of family members:

“1. A fine of between VND 1,000,000 and 1,500,000 shall be imposed for acts of beat causing injury to family members;

2. A fine of between VND 1,500,000 and 2,000,000 shall be imposed for one of the acts as follows:

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:

Coercively giving the public apology upon the victim’s requirement for the act specified in Clause 1 and 2 of this Article.”

Pursuant to Article 50 on acts of torturing or abusing family members:

“1. A fine of between VND 1,500,000 and 2,000,000 shall be imposed for one of the acts as follows:

a) Mistreating the family members, such as forcing them to abstain from eating and drinking, suffer from coldness, wear torn clothes, prohibit or restrict personal hygiene;

b) Neglecting without care for family members as elderly, disabled, pregnant woman or nursing woman;

2. Remedial measures:

Coercively giving public apology upon the victim’s requirement for the acts specified in Clause 1 of this Article.”

Pursuant to Article 51 on acts of defamation and dignity of family members:

“1. A fine of between VND 500,000 and 1,000,000 shall be imposed for insulting, nagging or hurting the honor and dignity of family members.

2. A fine of between VND 1,000,000 and 1,500,000 shall be imposed for one of the acts as follows:

a) Disclosing or distributing materials or documentation of privacy of family members to hurt the honor and dignity;

b) Using the media to hurt the honor and dignity of family members;

c) Disseminating and distributing the leaflets, articles, photos or sounds to hurt the honor and dignity of family members;

3. Remedial measures:

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

b) Coercively revoking the leaflets, articles, photos or sounds for the acts specified at Point a and c, Clause 2 of this Article.”

In addition to the administrative sanctions mentioned above, if the act of domestic violence is of a serious nature and constitutes a criminal offense, it can also be subject to criminal prosecution for offenses such as intentional infliction of injury or harm to the health of others (Article 104 of the Criminal Code), torture of others (Article 110), murder (Article 100), etc.

Source: baophapluat.vn

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