In recent months, events in which newborns are abandoned by their mothers have occurred frequently across the country, leading to very tragic deaths. This wrongful act has caused outrage and frustration in public opinion. In Vietnam, what are the penalties imposed on mothers who abandon their newborns?
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Hanoi-Vietnam: What are the penalties imposed on mothers who abandon their newborns? (Illustrative image)
Vietnamese law strictly prohibits the act of abandoning newborns. Under Article 6 of the Law on Children 2016, "depriving children of their right to live" and "abandoning, neglecting, trafficking, kidnapping, swapping, or appropriating children" are prohibited acts. Therefore, any mother who abandons her newborn will be severely punished by the law.
1. Any mother abandoning her newborn may face administrative penalties
Article 22 of Decree 144/2013/ND-CP stipulates a fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
- Pbandoning or not taking care of, raising the child after birth;
- Parents or guardians not fulfilling their duty to nurture, severing emotional and material relationships with the child, except in cases of allowing the child to be adopted or being forced to isolate the child as prescribed by law;
- Parents or guardians intentionally abandoning a child in a public place, neglecting or forcing the child not to live with the family, leaving the child to fend for themselves without care, nurture, and education, causing the child to fall into special circumstances.
Therefore, a mother who abandons her newborn will be fined up to VND 15,000,000. In addition, the mother is required to take her child back and fulfill her duty to care for and raise the child. In cases where the act of abandoning a newborn leads to the child's death, the mother will be held criminally liable.
2. Any mother abandoning her newborn may face criminal prosecution
According to Article 124 of the Criminal Code 2015, as amended in Law on Amendments to Criminal Code 2017., regarding "the crime of Murder or abandoning a newborn" no more than 7 days old:
- Any mother influenced by severe outdated ideology or in special objective circumstances who kills her newborn no more than 7 days old shall be sentenced to 6 months to 3 years of imprisonment;
- Any mother influenced by severe outdated ideology or in special objective circumstances who abandons her newborn no more than 7 days old leading to the child's death shall be sentenced to non-custodial rehabilitation for up to 2 years or imprisonment from 3 months to 2 years.
Thus, to hold the mother liable for the aforementioned crime, the following objective conditions must be met:
- The child is no older than 7 days;
- The mother is influenced by outdated ideology or special objective circumstances;
- The consequence of abandonment leads to the child's death.
If either of the first two conditions is not met (the child is older than 7 days or the mother abandons the newborn due to a conflict with the child's father), the mother will be criminally prosecuted for the crime of "Murder" as stipulated in Article 123 of the Criminal Code 2015, as amended in Law on Amendments to Criminal Code 2017.
Legal Basis:
Nguyen Phu
- Key word:
- newborns
- mother abandoning her newborn
- Vietnam
