Penalties of up to 5 years imprisonment for body shaming in Vietnam

Penalties of up to 5 years imprisonment for body shaming in Vietnam (Internet image) 

1. Acts of body shaming are prohibited by law in Vietnam

According to Article 20 of the Constitution 2013 stipulating that everyone has the right to inviolability of his or her body and to the protection by law of his or her health, honor and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any form of treatment harming his or her body and health or offending his or her honor and dignity.

Article 34 of the 2015 Civil Code stipulates the right to protect honor, dignity and reputation as follows:

- Honor, dignity and prestige of an individual is inviolable and protected by law.

- Each individual has the right to request a court to reject any piece of information adversely affecting to his/her honor, dignity and/or prestige.

The honor, dignity and prestige of a deceased person shall be protected at the request of his/her spouse or grown children; or his/her parent if he/she has no spouse or child, unless otherwise prescribed by law.

- If a piece of information adversely affecting to the honor, dignity and prestige of a person is posted on a mean of mass media, that piece of information shall be removed or rectified by that kind of mean. If that piece of information is kept by an agency, organization or individual, such entity is required to cancel it.

- In case it is impossible to identify the person informing the information adversely affecting the honor, dignity and/or prestige of a person, the latter person has the right to request a court to declare that such piece of information is incorrect.

- The person receiving the information adversely affected his/her honor, dignity and/or prestige both has the right to request rejection of such piece of information and has the right to require to informing person gives a public apology and rectification and compensation.

Thus, acts of disparaging appearance may be considered an infringement on the honor, dignity and reputation of others and is strictly prohibited by law.

2. Administrative sanctions for acts of body shaming in Vietnam

Acts of disparaging appearance, if not yet to the point of criminal prosecution, may be administratively sanctioned according to Point a, Clause 3, Article 7 of Decree 144/2021/ND-CP as follows:

 A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for Taunting, teasing, insulting, humiliating another person, except the cases specified in Point b Clause 2 Article 21 and Article 54 of Decree 144/2021/ND-CP including:

- Having words or actions threatening, abusive, insulting the honor and dignity of the on-duty officers;

- Using the media to hurt the honor and dignity of family members;

The above fine level applies to violators, if organizations commit similar violations, the fine will be doubled.

(Clause 2, Article 4 of Decree 144/2021/ND-CP)

In addition,A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for  Providing false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations or individuals. The above fine level applies to organizations, if individuals commit similar violations, the fine is equal to ½.

(Clause 3, Article 4 and Point a, Clause 3, Article 99 of Decree 15/2020/ND-CP)

3. Pursuing criminal liability for acts of body shaming in Vietnam

For acts of disparaging others to the point of criminal prosecution, they can be prosecuted for humiliating others according to Article 155 of the Criminal Code 2015 (amended 2017) 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 offence committed in any of the following circumstances carries a penalty of 03 - 02 years' imprisonment:

= The offence has been committed more than once;

= The offence is committed against 02 or more people;

= The offence involves abuse of the offender's position or power;

= The offence is committed against a law enforcement officer in performance of his/her official duties;

= The offence is committed against a person who cares for, teaches, raises or provides medical treatment for the offender;

= The offence is committed using a computer network, telecommunications network or electronic device;

= The victim suffers from 11% - 45% mental and behavioral disability because of the offence.

- This offence 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 offence;

= The offence results in the suicide of the victim.

- The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

From the above provisions, the act of disparaging others is prohibited by law and may be administratively sanctioned or examined for penal liability in accordance with law.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE