The act of criticizing others for being fat, skinny, chubby, short, ugly, etc. can be harmless teasing of others, but sometimes has serious consequences for the person being criticized. So, is this act handled according to Vietnam’s current regulations?
Article table of contents
The act of criticizing others for being fat, skinny, chubby, short, ugly, etc. is the act of using gestures and words to tease and insult the honor and dignity of others, which is considered a violation of the law and may be punished according to the law.
Persons criticizing others for being fat, skinny, etc. may be administratively sanctioned
Specifically, according to Clause 1 Article 5 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government, a fine of between VND 100,000 and 300,000 shall be imposed for having gestures and words which are rude, provocative, teasing or insulting to the honor and dignity of others.
According to Point a Clause 1 Article 101 of Decree No. 15/2020/NĐ-CP of Vietnam’s Government, a fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals.
Besides, according to Clause 2 Article 592 of the Civil Code 2015 of Vietnam, a person causing harm to the honor, dignity or reputation of another person must pay compensation for damage together with another amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed ten-month base salary prescribed by the State.
Thus, based on the above regulations, the act of criticizing others for being fat, skinny, chubby, short, ugly, etc. shall be fined up to VND 20 million. Moreover, he/she must also pay compensation for damage together with another amount of money as compensation for mental suffering of the aggrieved person. If the parties are not able to agree, the maximum sum shall not exceed ten-month base salary prescribed by the State.
Persons criticizing others for being fat, skinny, etc. may be prosecuted for criminal liability
In cases where the act of criticizing others for being fat, skinny, chubby, short, ugly, etc. causes consequences greater than enough for that person to be criminally prosecuted for the crime of Insults to another person as prescribed in Article 155 of the Criminal Code 2015 of Vietnam, penalties are as follows:
- Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 - VND 30,000,000 or face a penalty of up to 03 years' community sentence.
- This offense committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:
+ The offense has been committed more than once;
+ The offense is committed against 02 or more people;
+ The offense involves abuse of the offender's position or power;
+ The offense is committed against a law enforcement officer in performance of his/her official duties;
+ The offense is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;
+ The offense is committed using a computer network, telecommunications network or electronic device;
+ The victim suffers from 11% - 45% mental and behavioral disability because of the offense.
- This offense committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
+ The victim suffers from ≥ 46% mental and behavioral disability because of the offense;
+ The offense results in the suicide of the victim.
Moreover, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Ty Na
- Key word:
- Decree No. 15/2020/NĐ-CP
- Criminal Code 2015
