What is tarnishing honor, lowering reputation according to the law in Vietnam?

Recently, electronic websites in Vietnam have been rife with information that an actress, due to personal grievances, made derogatory remarks causing the film director to demand legal proceedings for defamation and damage to the reputation and honor of the film crew.

Incidents similar to the above have occurred quite frequently. However, expressing personal grievances, where and to what extent, is a matter requiring utmost caution. Evaluating an issue and its seriousness must consider various aspects, wherein the legal aspect is a decisive factor.

The Constitution of the Socialist Republic of Vietnam stipulates: “Everyone has the right to bodily integrity, protection by law regarding health, honor, and dignity; not to be tortured, violated, coerced, or subjected to any other form of treatment that infringes on body, health, honor, and dignity” and “Everyone has the inviolable right to privacy, personal secrets, and family secrets; the right to protect their honor and reputation.”

Honor, dignity, and reputation are critical aspects of an individual. Thus, every citizen has the right to protect their honor, dignity, and reputation.

Article 609 of the Civil Code of 2005 stipulates: “Anyone who intentionally or unintentionally infringes upon the life, health, honor, dignity, reputation, property, or other lawful rights and interests of an individual, or the honor, reputation, property of a legal entity or other subjects causing damage must compensate.”

However, defining what constitutes defamation or infringement on honor and reputation remains an unmet issue not yet addressed by civil regulations.

We can understand it as follows:

- Honor is society's assessment of an individual or collective based on moral, political quality, and capability. Honor is formed through one's labor, work, and achievements.- Reputation is the value society assigns when an individual or organization exhibits acknowledged moral qualities and talents, earning respect and trust from society. Reputation is part of honor.

Anyone who commits acts of defamation or infringes upon honor and reputation must compensate for damages per current civil law or may constitute a criminal offense under the Criminal Code of 1999 as follows:

"Article 121. Offense of Humiliation

1. Anyone who seriously insults others' dignity or honor shall be subject to a warning, non-custodial reform for up to two years, or imprisonment for three months to two years.

2. Committing the offense in one of the following circumstances shall be subject to imprisonment for one to three years:

a) Committing the offense repeatedly;

b) Against multiple persons;

c) Abusing one's position or authority;

d) Against law enforcers;

dd) Against caretakers, educators, healthcare providers of the offender.

3. Offenders may also be prohibited from holding certain positions, practicing certain occupations, or performing certain jobs for one to five years.

"Article 122. Offense of Defamation

1. Anyone who fabricates and spreads information known to be false, infringing upon the dignity or causing damage to others' lawful rights and interests or fabricating accusations falsely alleging another's criminal acts to the competent authorities shall be subject to a warning, non-custodial reform for up to two years, or imprisonment for three months to two years.

*2. Committing the offense in one of the following circumstances shall be subject to imprisonment for one to seven years:

a) In an organized manner;

b) Abusing one's position or authority;

c) Against multiple persons;

d) Against grandparents, parents, caretakers, educators, or healthcare providers of the offender;

dd) Against law enforcers;

e) Falsely alleging others of very serious or particularly serious crimes.

*3. Offenders may also be fined VND 1 million to VND 10 million, prohibited from holding certain positions, practicing certain occupations, or performing certain jobs for one to five years.”

Moreover, acts of damaging honor and reputation may be administratively penalized according to Decree No. 174/2013/ND-CP.

However, to evaluate the violation’s extent, it is essential to consider the nature of the fault and the resulting damage.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE