Currently, domestic violence is increasingly on the rise and at an alarming level. Therefore, in order to combat domestic violence, Decree 167/2013/ND-CP has stipulated administrative penalties for acts of domestic violence.
Article table of contents
Domestic violence can involve physical violence, mental violence, and its manifestations vary widely. Below are some primary acts of domestic violence:
- Acts of harming the health of family members;- Torturing, mistreating family members; insulting the honor, dignity of family members;- Isolating, expelling, or exerting frequent psychological pressure;- Preventing the realization of rights and obligations between grandparents and grandchildren; between parents and children; between husband and wife; between siblings;- Violating regulations on care, upbringing, and maintenance;- Forcing marriage, divorce, child marriage, or obstructing voluntary, progressive marriage;- Economic violence;- Forcing family members out of their legal residence.
The penalties for the above acts are stipulated in Section 4, Chapter I of Decree 167/2013/ND-CP. Specifically, as follows:
For acts of harming the health of family members, the fine ranges from VND 1,000,000 to VND 2,000,000.
- A fine from VND 1,000,000 to VND 1,500,000 for acts of beating causing injury to a family member.- A fine from VND 1,500,000 to VND 2,000,000 for using tools, instruments, or other objects causing injury to a family member; failing to promptly take the victim for emergency treatment in case the victim needs urgent care or not caring for the victim during the treatment period due to domestic violence, except when the victim refuses.- Public apology required if the victim requests.
Penalties for acts of torturing, mistreating family members:
- A fine from VND 1,500,000 to VND 2,000,000 for treating family members badly, such as forcing them to fast, depriving them of water, exposing them to cold, wearing torn clothes, not allowing or limiting personal hygiene, neglecting care for elderly, weak, disabled family members, pregnant women, or women raising young children.- Public apology required if the victim requests.
Acts of insulting the honor, dignity of family members can be fined from VND 500,000 to VND 1,500,000.
- A fine from VND 500,000 to VND 1,000,000 for acts of insulting, scolding, or degrading the honor and dignity of family members.- A fine from VND 1,000,000 to VND 1,500,000 for acts of disclosing or spreading personal confidential information of family members intending to insult their honor, dignity; using communication means insulting the honor, dignity of family members; distributing, spreading flyers, writings, images, sounds intending to insult the honor, dignity of the victims.- Public apology required if the victim requests; retrieval of the materials, documents, flyers, writings, images, sounds required.
Penalties for acts of isolating, expelling, or exerting frequent psychological pressure can be a warning, a fine combined with a public apology if the victim requests.
- A warning or a fine from VND 100,000 to VND 300,000 for one of the following acts:- Restricting family members from going out, preventing them from meeting relatives, friends, or engaging in lawful, healthy social relationships with the purpose of isolating and exerting psychological pressure on that member;- Not allowing family members to work;- Not allowing family members to participate in lawful, healthy social activities.- A fine from VND 300,000 to VND 500,000 for forcing family members to witness violence against people or animals.- A fine from VND 500,000 to VND 1,000,000 for forcing family members to engage in obscene acts, use stimulants; sexually exploiting or abusing the body of family members who are not spouses.- Public apology required if the victim requests.
A warning or a fine from VND 100,000 to VND 300,000 for acts preventing the visiting rights and care between grandparents and grandchildren; between parents and children, except if the parents' visiting rights are limited by the court's decision; between husband and wife; between siblings.
Violation of regulations on care, upbringing, and maintenance will be penalized as follows:
A warning or a fine from VND 100,000 to VND 300,000 for one of the following acts:
- Refusing or evading maintenance obligations between husband and wife after divorce; refusing or evading upbringing obligations between siblings, between grandparents and grandchildren according to law;- Refusing or evading maintenance, upbringing obligations towards parents; maintenance and care obligations towards children after divorce according to law.
Any acts of forcing others into marriage, divorce, or child marriage through torturing, mistreating, threatening the spirit, or using other tricks; obstructing others from marrying, divorcing, obstructing voluntary, progressive marriage through torturing, mistreating, threatening the spirit, demanding wealth, or using other tricks will be warned or fined from VND 100,000 to VND 300,000.
Acts of economic violence will be:
- A fine from VND 300,000 to VND 500,000 for not allowing family members to use common property for legitimate purposes.- A fine from VND 500,000 to VND 1,000,000 for one of the following acts:- Appropriating the private property of family members;- Forcing family members to overwork or do heavy or hazardous jobs, be exposed to toxic substances, or do other work against labor law;- Forcing family members to beg or wander for a living.
A warning or a fine from VND 100,000 to VND 300,000 for acts forcing family members to leave their legal residence. For acts of frequently threatening violence to force family members to leave their legal residence, a fine from VND 300,000 to VND 500,000.
Additionally, Decree 167/2013/ND-CP also stipulates penalties for certain administrative violations related to preventing and combating domestic violence, such as violence against individuals stopping, detecting, reporting domestic violence, individuals assisting domestic violence victims; coercing, instigating, inciting, aiding others to commit domestic violence; intentionally failing to stop, report domestic violence and obstructing the reporting, stopping, and handling domestic violence acts; using, spreading information, images, sounds to incite domestic violence; exploiting activities of preventing and combating domestic violence for profit...
