The Government has just issued Decree 125/2021/ND-CP stipulating penalties for administrative violations in the field of gender equality.
Parents who distinguish between boys and girls are fined up to 5 million VND (Artwork)
Accordingly, the maximum fine level for violations in the field of gender equality related to family is 10 million VND. As follows:
(1) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
- Obstructing or preventing family members from performing income-generating activities or meeting other family needs because of gender;
- Unequal treatment among family members for gender reasons.
(Currently, there is no such provision).
Thus, according to the new regulations, parents who behave unequal (discriminatory) between sons and daughters can be fined up to 5,000,000 VND.
(2) A fine of between VND 5,000,000 and 7,000,000 shall be imposed for one of the following acts:
- Threatening to use force or mental intimidation to prevent family members who are fully qualified as prescribed by law from participating in the disposition of property under common ownership of the household for gender reasons;
- Imposing the practice of family labor, the use of contraception, and sterilization as the responsibility of family members of a certain gender.
(Currently, the fine for the above acts is a fine from 500,000 VND to 1,000,000 VND).
(3) A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for using force to obstruct a family member who meets the conditions prescribed by law from participating in the disposition of jointly owned property. of the household for gender reasons.
At the same time, apply the additional sanction of confiscation of material evidences and means of administrative violations for this act.
(Currently, only fines from 1,000,000 VND to 3,000,000 VND).
In addition, remedial measures are prescribed as follows:
- Forced public apology to the aggrieved person for the acts specified in (1), (2),(3) (unless the infringed person makes an unsolicited application) ;
(This is new content compared to current).
- Forced to bear all reasonable medical examination and treatment expenses for the acts specified in (2), (3) in case of causing damage to the health or spirit of the infringed person;
- Forcible restoration of the legitimate rights of the infringed person for the acts specified in (1), the restoration of the lawful rights of the person who is threatened with force or mental intimidation or uses force to obstruct participate in the disposition of assets under common ownership of the household for gender reasons.
Decree 125/2021/ND-CP takes effect from January 1, 2022; replace Decree 55/2009/ND-CP .
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