Penalties for child abuse
Ms. Nguyen Thi An, residing in Dien Chau district, asks: What are the penalties for acts of 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 penalties
-Based on Article 22 of Government Decree No. 130/2021/ND-CP dated December 30, 2021: A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the following act:
- Physical assault causing bodily harm but not serious enough to warrant criminal prosecution.
- Insulting the honor and dignity of children.
- Intentionally inflicting psychological harm on children.
Remedial measures:
- Mandatory public apology (if requested by the victim or their guardian).
- Mandatory payment of medical treatment and psychological rehabilitation costs (if any damage is incurred).
Note:If the offender is a parent, guardian, teacher, etc., they may be temporarily suspended from their job or stripped of their parental rights for a certain period of time.
2. Administrative penalties as stipulated in Article 52 of Decree 144/2021/ND-CP dated December 31, 2021:
- Clause 1, Article 52 "Acts of physical violence against children": A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the following acts:
+ Physical abuse that causes harm to family members (including children);
+ The behavior does not cause serious injury but is frequent and prolonged.
- Clause 2, Article 52 "Acts of psychological violence against children": A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the following acts:
+ Insulting, cursing, and threatening children, causing them emotional harm;
+ Isolating, ostracizing, and suppressing a child's normal social behaviors.
- Clause 3, Article 52 "Acts of infringement on honor and dignity": A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the following acts:
+ Humiliating or insulting the honor and dignity of children within the family;
Intentionally inflicting serious psychological harm.
Remedial measures: The offender may be subject to additional measures as prescribed in Article 4 of Decree 144/2021/ND-CP, including:
- A public apology will be required if requested.
- The infringing behavior must be stopped.
- Mandatory participation in educational and counseling programs on interpersonal skills within the family.
- Compensation for damages (if any) must be paid in accordance with the provisions of the Civil Code.
3. Criminal prosecution
When acts of violence cause serious or severe consequences, the perpetrator may be prosecuted under the 2015 Penal Code (amended and supplemented in 2017):
a) Article 140. The crime of torturing others.This applies to those responsible for raising and caring for children (parents, guardians, etc.):
- Imprisonment from 1 to 3 years if: There is cruel treatment, frequent beating, or causing physical or mental harm to children.
- Imprisonment from 2 to 7 years if:
+ Organized, thuggish behavior.
+ Causes serious consequences (severe injuries, prolonged psychological trauma).
b) Article 134. The crime of intentionally inflicting bodily harm.If the act of beating a child results in injuries exceeding 11%, or less than 11% but involves the use of dangerous weapons and is organized, the perpetrator may be sentenced to imprisonment from 6 months to 20 years or life imprisonment, depending on the severity.
c) Article 185. Crime of mistreating or abusing children or grandchildren:Non-custodial rehabilitation for up to 3 years or imprisonment from 6 months to 3 years if there is a history of beatings or cruel treatment.
d) Article 123. Murder:If the abuse results in the death of a child, the penalty ranges from 12 years imprisonment to the death penalty.
4. Additional measures and child protection
- Violators may be subject to:
+ Prohibited from working in the profession (if a teacher or childcare worker).
+ Loss of parental rights or being placed under close supervision by child protection agencies.
- Children who have been abused will receive support:
+ Isolate from the perpetrator (if necessary).
+ Free medical assistance, psychological counseling, and legal support.
+ Place in a social welfare facility or temporary care organization.