What is violence against the child? What are the penalties for committing violence against the child in Vietnam?

What is violence against the child? What are the penalties for committing violence against the child in Vietnam? (Internet image)

1. What is violence against the child?

According to Clause 6, Article 4 of the Law on Children 2016, violence against the child refers to acts of maltreating, persecuting or beating a child; taking physical abuse or causing harm to the child’s health; reviling or offending honor or dignity of the child; segregating, driving the child away and other deliberate acts that cause physical and mental harm to the child.

2. What are the penalties for committing violence against the child in Vietnam?

2.1. Administrative sanctions for committing violence against the child in Vietnam

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on:

+ keeping children in hunger, thirst, or poor personal hygiene conditions; keeping children in toxic, hazardous environment or otherwise mistreating children.

+ inflicting mental damage, offending dignity, self-esteem, insulting, scolding, threatening, or isolating children thereby hindering child development;

+ isolating, ejecting, other employing punishments to teach children in a way that causes physical or mental damage to children;

+ regularly threatening children with images, sounds, animals, or objects that fright or cause mental damage to children.

- Remedial measures:

+ Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article;

+ Mandatory disposal of items causing harm to children’s health for violations under Point d Clause 1 of this Article.

(Article 22 of Decree 130/2021/ND-CP)

2.1. Criminal liability for committing violence against the child in Vietnam

Acts of violence against children can be prosecuted for penal liability for one of the crimes specified in the Penal Code 2015 (amended in 2017) such as:

* Crime of abuse (Article 140 of the Penal Code 2015):

- A person who maltreats or humiliates his/her dependent, except in the circumstances specified in Article 185 hereof, shall face a penalty of up to 03 years' community sentence or 03 - 24 months' imprisonment.

- This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

+ The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;

+ The victim suffers from ≥ 31% mental and behavioral disability because of the offence;

+ The offence is committed against 02 or more people.

* Crime of deliberate infliction of bodily harm upon another person (Article 134 of the Penal Code 2015):

Article 134. Deliberate infliction of bodily harm upon another person

1. A person who deliberately inflicts bodily harm upon another person and causes 11% - 33% WPI or under 11% WPI in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

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c) The victim is a person aged under 16, a women whose pregnancy is known by the offender, an old and weak, sick, or defenseless person;

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* Crime of involuntary manslaughter (Article 128 of the Penal Code 2015):

- A person who commits an involuntary manslaughter shall face a penalty of up to 03 years' community sentence or 01 - 5 years' imprisonment.

- This offence carries a penalty of 03 - 10 years' imprisonment if it results in the death of 02 or more people.

* Murder (Article 123 of the Penal Code 2015):

Article 123. Murder

1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:

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b) Murder of a person aged under 16;

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