Is there a prison sentence for violating citizens' rights to assembly and association?
(Baonghean.vn) - I want to join the women's association in my neighborhood, but my brother does not allow it and has repeatedly forbade it. Is this considered a violation of citizens' right to assemble and form associations and will I be imprisoned? This is a concern of Ms. Ho Thanh T. (Tan Ky).
Reply:According to the provisions of Article 163, Penal Code 2015 amended by Clause 32, Article 1, Law amending Penal Code 2017 as follows: Crime of violating citizens' right to assemble and form associations:
1. Anyone who uses force, threatens to use force or uses other means to prevent or force others from forming legal associations or meetings, has been disciplined or administratively sanctioned for one of these acts but still commits the violation, shall be subject to non-custodial reform for up to 01 year or imprisonment from 03 months to 01 year.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 01 year to 03 years:
a) Organized;
b) Abusing position and power;
c) Committing the crime 02 times or more;
d) Leading to protests;
d) Adversely affecting social security, order and safety.
3. The offender may also be banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
So your brother has violated the right to assemble and form associations of citizens. However, depending on the severity, he will be subject to administrative sanctions and repeated violations will result in imprisonment from 1 to 3 years. The offender may also be banned from holding a position, practicing a profession or doing certain work from 01 year to 05 years.
