Tiếng Việt
Table of Contents
1. What is slander?
2. How will slander be handled?
2.1 Administrative sanctions
2.2 Criminal prosecution
1. What is slander?
According to the 2015 Penal Code, amended and supplemented in 2017, slander is the act of fabricating or spreading things that are clearly known to be untrue in order to insult the dignity, honor or cause damage to the rights and legitimate interests of others.
2. How will slander be handled?
2.1 Administrative sanctions
According to Point a, Clause 3, Article 7 of Decree 144/2021/ND-CP stipulates:
“3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Provoking, teasing, insulting, abusing, or defaming the honor and dignity of others, except for the cases specified in Point b, Clause 2, Article 21 and Article 54 of this Decree;”
Point b, Clause 2, Article 21 of Decree 144/2021/ND-CP stipulates the case of: “Words and actions that threaten, insult, or offend the honor and dignity of a person performing official duties”
Article 54 of Decree 144/2021/ND-CP stipulates:
“Article 54. Acts of defamation of family members
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for insulting, nagging or hurting the honor and dignity of family members.
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:
a) Disclosing or distributing materials or documentation of privacy of family members to hurt the honor and dignity;
b) Using the media to hurt the honor and dignity of family members;
c) Disseminating and distributing the leaflets, articles, photos or sounds to hurt the honor and dignity of family members;
3. Remedial measures:
a) Mandatory public apology upon the victim’s requirement for the acts specified in Clauses 1 and 2 of this Article;
b) Mandatory withdrawal of leaflets, articles, photos or sounds for the acts specified at Points a and c Clause 2 of this Article;”
In addition, remedial measures shall also be applied according to Points b and c, Clause 14, Article 7 of Decree 144/2021/ND-CP:
“b) Mandatory rectification of false or confusing information in case of violations specified in Point a Clause 3; Point I Clause 4 of this Article;
c) Mandatory public apology in case of violations specified in Point a Clause 3, Points d and dd Clause 5 of this Article, unless it is relinquished in writing by the victim;”
Simultaneously, pursuant to Point a, Clause 1, Article 101 of Decree 15/2020/ND-CP, which stipulates the responsibility for using social networking services; electronic information pages established through social networks:
“Article 101. Violations against regulations on responsibility of social networking service users.
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:
a) Providing/sharing fake or false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations, authorities or individuals;”
In addition, remedial measures shall be applied according to Clause 3, Article 101 of Decree 15/2020/ND-CP:
“3. Remedial measures:
Enforced removal of false, misleading or violating information in case of commission of any of the violations in Clause 1 and Clause 2 of this Article.”
2.2 Criminal prosecution
Pursuant to Article 156 of the 2015 Penal Code, amended and supplemented in 2017, stipulates:
“Article 156. Slander
1. A person who commits any of the following acts shall be liable for a fine of from VND 10,000,000 to VND 50,000,000, face a penalty of up to 02 years’ community sentence or 03 – 12 months’ imprisonment:
a) Fabricating information or spreading false information to harm another person’s reputation or infringes upon another person’s lawful rights and interests;
b) Accusing a person of a fabricated crime report it to the authorities.
2. This offence committed in any of the following cases shall carry a penalty of 01 – 03 years’ imprisonment:
a) The offence is committed by an organized group;
b) The offence involves abuse of the offender’s her position or power;
c) The offence is committed against 02 or more people;
d) The offence is committed against the offender’s grandparent, parent, or a person who cares for, teaches, raises, or provides medical treatment for the offender;
dd) The offence is committed against a law enforcement officer in performance of his/her official duties;
e) The offence is committed using a computer network, telecommunications network, or electronic device;
g) The victim suffers from 11% – 45% mental and behavioral disability because of the offence;
h) Accusing another person of a very serious crime or extremely serious crime which is fabricated.
3. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:
a) The offence is committed by despicable motives;
b) The victim suffers from 46% mental and behavioral disability or above;
c) The offence results in the suicide of the victim.
4. The offender may also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.”