Penalties for child abuse

Reply:

According to the Ministry of Public Security: Child abuse is a serious violation of the law and social ethics, negatively affecting the physical and mental development and future of children. Vietnamese law has specific regulations to strictly handle this behavior, depending on the nature and severity of the violation, specifically:

1. Administrative sanctions

- Pursuant to Article 22 of Decree No. 130/2021/ND-CP dated December 30, 2021 of the Government: A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the following acts:

- Beating causing bodily harm but not to the extent of criminal prosecution.

- Insulting the honor and dignity of children.

- Intentionally causing psychological harm to children.

Remedy:

- Forced public apology (if requested by the victim or guardian).

- Forced to pay for treatment and psychological rehabilitation costs (if there is damage).

Note:If the violator is a parent, guardian, teacher... they may be temporarily suspended from work or have their care and upbringing rights revoked for a certain period of time.

2. Administrative sanctions according to Article 52, Decree 144/2021/ND-CP dated December 31, 2021:

- Clause 1, Article 52 "Acts of physical violence against children": Fine from VND 5,000,000 to VND 10,000,000 for the act of:

+ Beating and causing physical harm to family members (including children);

+ Behavior that does not cause serious injury but is frequent and prolonged.

- Clause 2, Article 52 "Acts of mental violence against children": Fine from VND 5,000,000 to VND 10,000,000 for the following acts:

+ Insulting, swearing, threatening to cause mental harm to children;

+ Isolate, repel, and control children's normal social behaviors.

- Clause 3, Article 52 "Acts of infringing upon honor and dignity": Fine from VND 10,000,000 to VND 20,000,000 for the following acts:

+ Humiliating and insulting the honor and dignity of children in the family;

+ Intentionally causing serious psychological harm.

Remedial measures: Violators may be subject to additional measures as prescribed in Article 4 of Decree 144/2021/ND-CP, including:

- Forced to make a public apology if required.

- Force to stop the violation.

- Required to participate in educational programs and counseling on family behavior skills.

- Compulsory compensation for damages (if any) according to the provisions of the Civil Code.

3. Criminal proceedings

When the act of violence causes serious consequences or is of a serious nature, the violator may be prosecuted under the 2015 Penal Code (amended and supplemented 2017):

a) Article 140. Crime of torturing others.Applicable to people responsible for raising and caring for children (parents, guardians...):

- Imprisonment from 01 year to 03 years if: Having cruel treatment, regularly beating, causing physical or mental harm to children.

- Imprisonment from 02 years to 07 years if:

+ Organized, gangster behavior.

+ Causes serious consequences (severe injury, prolonged psychological trauma).

b) Article 134. Crime of intentional infliction of injury.If the act of beating a child causes injury of more than 11% or less than 11% but uses dangerous weapons, in an organized manner, the offender can be sentenced to imprisonment from 06 months to 20 years or life imprisonment depending on the severity.

c) Article 185. Crime of abusing or torturing children and grandchildren:Non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years if regularly beating or cruelly treating.

d) Article 123. Crime of murder:If the act of violence results in the death of a child. Penalty: Imprisonment from 12 years to death.

4. Additional measures and child protection

- Violators may be subject to:

+ Prohibited from working (if you are a teacher or a childcare worker).

+ Deprivation of custody or close supervision by child protection agencies.

- Children who are abused will be supported:

+ Isolate from the perpetrator (if necessary).

+ Free medical support, psychological and legal counseling.

+ Place in social protection facility or temporary foster care organization.