HOW ARE PARENTS WHO VIOLENCE AGAINST THE CHILD BE PUNISHED?

Table of Contents

1. What is violence against the child?

2. How are parents who violence against the child be punished?

2.1 Administrative responsibility

2.2 Criminal prosecution

1. What is child abuse?

Based on the provisions of Clause 6, Article 4 of the 2016 Law on Children, child abuse is defined as follows: “6. 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.”

In addition, according to Clause 1, Article 3 of the Law on Prevention and Control of Domestic Violence 2022, which stipulates acts of domestic violence:

“Article 3. Domestic violence acts

1. Domestic violence acts include:

a) Torturing, ill-treating, beating, and threatening or acts of intentionally violating the health and lives of others;

b) Insulting, nagging, or other acts of intentionally insulting the honor and dignity of others;

c) Forcing to witness violence against people or animals to cause constant psychological pressure;

d) Ignoring, deserting, not nurturing, or taking care of family members who are children, pregnant women, women who are raising children under 36 months old, the elderly, disabled people, or people who are unable to take care of themselves; not educating family members who are children;

dd) Discriminating against family members’ body, gender, sexuality, and capability;

e) Preventing family members from meeting their family members, having legal, healthy social relationships, or committing acts of isolating and putting constant psychological pressure;

g) Preventing the performance of rights and obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between husband and wife; between brothers and sisters;

h) Disclosing or spreading information on personal life, secrets, and family secrets of other family members to insult their honor and dignity;

i) Forcing sexual intercourse against the will of the wife or husband;

k) Forcing performance of erotic acts; forcing other family members to listen to, view, and read pornographic audio, images, and contents, inciting violence;

l) Imposing forced child marriage, marriage, and divorce or preventing marriage or divorce illegally;

m) Forcing pregnancy, abortion, and fetal sex selection; 

n) Appropriating or destroying the family’s common property or the private property of other family members;

o) Forcing family members to overwork, over-study, or make financial contributions more than they can afford; controlling property and income of family members to create a state of physical, mental dependence, or other aspects;

p) Isolating or holding family members in custody;

q) Forcing family members to leave their legal residence illegally.”

Based on the above provisions, the act of parents regularly beating their children, affecting their mental health and life, is considered an act of domestic violence. Thus, depending on the nature and severity, this act will be subject to administrative sanctions or criminal prosecution according to the provisions of law.

2. How are parents who abuse their children punished?

2.1 Administrative responsibility

Parents beating their children is an act of child abuse and will be punished according to the provisions of Article 22 of Decree No. 30/2021/ND-CP stipulating administrative sanctions in the field of social protection and assistance for children with the following penalties:

“Article 22. Violations of regulations on prohibition of violence against children

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Forcing children to fast, not to drink, not allowing or restricting personal hygiene; forcing children to live in a toxic or dangerous environment or other forms of mistreatment;

b) Causing mental harm, insulting the dignity and honor, insulting, cursing, threatening, isolating children, affecting their development;

c) Isolating, chasing away or using punitive measures to teach children to cause physical and mental harm to children;

d) Regularly threatening children with images, sounds, animals, objects that scare children and cause mental harm.

2. Remedial measures:

a) Forced to bear all costs for medical examination and treatment (if any) for children for violations in Clause 1 of this Article;

b) Forced to destroy items that are harmful to children’s health for violations in Point d, Clause 1 of this Article.”

Thus, the act of using violent measures to teach children to cause physical and mental harm to children can be fined from VND 10,000,000 to VND 20,000,000. At the same time, the child will be forced to bear all costs for medical examination and treatment (if any).

2.2 Criminal liability

Child abuse at a serious level can be classified as intentional injury or harm to the health of a person. For this act, depending on the rate of bodily injury, there are different levels of punishment.

Pursuant to Article 134 of the 2015 Penal Code, amended and supplemented in 2015, it is stipulated that:

“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% physical disability or not exceeding 11% physical disability in any of the following cases shall face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:

a) A dangerous weapon or method is used to harm 02 or more people;

b) Sulfuric acid (H2SO4) or another hazardous chemical is used to inflict bodily harm upon another person;

c) The act results in a mild handicap of the victim;

d) The offence has been committed more than once;

dd) The offence is committed against 02 or more people;

e) 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;

g) The victim is the offender’s grandparent, parent, caregiver, or teacher;

h) The offence is committed by an organized group;

i) The offence involves abuse of the offender’s position or power;

k) The offence is committed while the offender is kept in temporary detention, serving his/her sentence in a prison or correctional institution or rehabilitation center;

l) The offender hires another person or is hired to inflict bodily harm to the victim;

m) The offence is of a gangster-like nature;

n) Dangerous recidivism;

o) The offence is made against a law enforcement officer in performance of his/her official duties or because of his/her official duties;

2. A person who deliberately inflicts bodily harm upon another people and causes 11% – 33% physical disability in any of the cases specified in Point a, b, d, dd, e, g, h, i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 02 – 05 years’ imprisonment.

3. A person who deliberately inflicts bodily harm upon another people and causes 31% – 60% physical disability shall face a penalty of 04 07 years’ imprisonment.

4. A person who deliberately inflicts bodily harm upon another people and causes 31% – 60% physical disability in any of the cases specified in Point a, b, d, dd, e, g, h, i, k, l, m, n and o Clause 1 of this Article shall face a penalty of 07 – 12 years’ imprisonment.

5. A person who deliberately inflicts bodily harm upon another person and causes ≥ 61% physical disability, except for the case in Point c Clause 6 of this Article, or the death of the victim shall face a penalty of 10 – 15 years’ imprisonment.

6. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment or life imprisonment:

a) The offence results in the death of 02 or more people;

b) The offence results in bodily harm of 02 or more people, each of whom suffers from ≥ 61% physical disability;

c) The offence results in ≥ 61% physical disability in the victim’s face;

7. Any person who makes preparation for the commitment of this offence shall face a penalty of up to 02 years’ community sentence or 03 – 24 months’ imprisonment.”

According to the above provisions, depending on the nature and severity of the abusive behavior of parents towards their children, they will be prosecuted for criminal liability according to the provisions of law.