What are penalties imposed for mistreatment of the elderly in Vietnam?

Constitution 2013 stipulates that elderly people (EP) are subjects respected and cared for by the State, family, and society. The State always creates equal opportunities for social welfare enjoyment, develops a social security system, and provides assistance policies for the EP.

However, in reality, there are not few cases of mistreatment and abuse of the EP, causing physical and mental harm to them. Most distressingly, the abusers are often their own family members.

According to WHO's definition, elderly abuse is a situation where the rights of the EP are violated, causing physical and mental harm to them through forms such as: physical violence, emotional and verbal abuse, neglect, sexual abuse, or financial exploitation.

In labor, elderly workers are a special labor group due to prioritized labor use policies such as: Reducing daily working hours or applying part-time work policies; providing regular health care from employers, etc.

Labor Code 2012 stipulates:

- Elderly workers must have health checks at least once every 6 months;- Employers are prohibited from assigning elderly workers to heavy, hazardous or dangerous jobs that adversely affect their health (except under special circumstances as stipulated by the Government of Vietnam).- When elderly workers retire but are reemployed under a new labor contract, besides the benefits received from their pension, they still enjoy the agreed benefits under the new labor contract.

Article 21 of Decree 95/2013/ND-CP stipulates:

- A warning or fine from 500,000 VND to 1,000,000 VND if employers do not pay social insurance and health insurance as required for elderly workers drawing monthly pensions;- A fine from 10,000,000 VND to 15,000,000 VND if employers assign elderly workers to heavy, hazardous or dangerous jobs adversely affecting their health.

In the family, children and grandchildren have the duty to love, respect, be grateful and care for grandparents and parents. This duty is also an obligation stipulated in the Law on Marriage and Family. If children or grandchildren mistreat or abuse grandparents or parents, depending on the severity of the act, they may be subject to administrative penalties or criminal prosecution.

Decree 167/2013/ND-CP enforces several penalty provisions as follows:

Penal Code 2015 stipulates: Anyone who treats grandparents, parents, or caregivers badly, or exercises violence on them, resulting in one of the following cases, shall be subject to a warning, non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

- Frequently causing physical and mental pain to the victim;- Already subjected to administrative penalties for this act but continues to violate.

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