This is a notable content in Decree 130/2021/ND-CP (effective from January 1, 2022) stipulating penalties for administrative violations in the field of sponsorship, social assistance and children. .
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New: Parents who intentionally abandon their children will be fined up to VND 25 million (Artwork)
Specifically, in Article 21 of Decree 130/2021/ND-CP , the fines for violations of child care and upbringing are as follows:
- A fine of between VND 20-25 million shall be imposed on parents and caregivers of children who intentionally abandon children.
(According to previous regulations, the person who abandons or fails to care for and nurture a child after birth; Parents, guardians intentionally abandoning children in public places shall be fined from 10-15 million VND).
- A fine of between VND 10-15 million for one of the following acts:
+ Parents and caregivers of children fail to fulfill their obligations and responsibilities in the care and upbringing of children, except in cases where they are forced to temporarily isolate the child or the child is taken care of instead. according to regulations of the Law.
Parents and caregivers of children do not care and nurture children, fail to perform their obligations and responsibilities in caring for and rearing children, or leave children to live on their own, cut off have emotional and material relationships with children or force children not to live with their families, except in cases where the child is forced to temporarily isolate the child or the child is in alternative care as prescribed by law.
(Previously, the act of leaving children to live on their own, cutting off emotional and material ties with children or forcing children not to live with their families was fined from 10-15 million VND. The new regulations have supplemented the behavior of parents and caregivers of children not caring for and nurturing children, failing to fulfill their obligations and responsibilities in caring for and raising children).
In addition, the case of a mother who abandons her newborn child may be examined for penal liability according to the provisions of Article 124 of the Penal Code 2015 on "Crime of killing or discarding a newborn child", specifically:
+ Any mother who, due to the heavy influence of backward thinking or in special objective circumstances, kills her child within 07 days of age, shall be sentenced to between 6 months and 3 years of imprisonment;
+ Any mother who, due to the heavy influence of outdated ideology or in special objective circumstances, abandons her child within 07 days of age, resulting in the death of the child, shall be subject to non-custodial reform. up to 2 years or be sentenced to between 3 months and 2 years of imprisonment.
Thus, in order to prosecute the mother for the above crime, the following objective conditions must be satisfied:
+ That child is not older than 07 days old;
+ The mother has outdated ideas or due to objective circumstances;
+ Consequences of disposal leading to the death of the child.
If one of the first two conditions is not satisfied (the child has passed 07 days of age or the mother abandons the infant due to a conflict with the child's father), the mother will be criminally prosecuted for the crime of "murder of the child". people" according to the provisions of Article 123 of the 2015 Penal Code .
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