What to Do When Being Unfilial Towards Parents?

00:52, 12/07/2024

I have a nephew named L who is 20 years old this year. He has been orphaned of his father since a young age and dropped out of school in the 9th grade. Since then, L has taken up some odd jobs in the district, but he quit after only a few days. L is very playful, spending all day indulging in leisure activities. He frequently insults his mother, and on one occasion, while drunk, L beat his mother continuously with a broom and even held a knife to her throat, threatening her for money. Despite my numerous attempts at advising him, he remains unchanged. Legal Secretary, please advise me on how to handle L's unfilial behavior.

Hello Sir/Madam,

Regarding the above issue, Thu Ky Luat has the following discussions:

According to the provisions of the Marriage and Family Law 2014, children must have the duty to love, respect, be dutiful, and support their parents. However, L has mistreated, insulted, and beaten their mother. These actions are contrary to social ethics and violate the law.

Depending on the nature and severity of the actions, individuals who mistreat or abuse grandparents or parents may be subject to administrative penalties or criminal prosecution.

According to Decree 167/2013/ND-CP, L's actions may be handled as follows:

- For acts of harming the health of family members (beating causing injury), administrative penalties may range from a minimum fine of 1,000,000 VND to a maximum of 2,000,000 VND;- For acts of abusing, mistreating family members, administrative penalties may range from a minimum fine of 1,500,000 VND to a maximum of 2,000,000 VND;- For acts of insulting the honor and dignity of family members, administrative penalties may range from a minimum fine of 500,000 VND to a maximum of 1,500,000 VND;- Additionally, public apologies must be made if the victim requests.

Beyond the aforementioned administrative fines, depending on the circumstances, the person who mistreats or abuses their grandparents or parents, if their actions constitute a criminal offense, can be punished according to Article 151 of the Criminal Code. Accordingly: “Anyone who mistreats or maltreats their grandparents, parents, spouse, children, grandchildren, or individuals who raised them, causing serious consequences or having been administratively penalized for such acts and still violating, shall be subject to warning, non-custodial reform up to three years, or imprisonment from three months to three years.”

In summary, depending on the nature, severity, and consequences of the actions, the person committing abuse or mistreatment of grandparents or parents may be subject to administrative penalties or criminal prosecution in accordance with specific regulations.

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