Tiếng Việt
Table of Contents
1. What is school violence?
2. How is school violence handled?
2.1 Administrative sanctions
2.2 Compensation for civil damages
2.3 Criminal sanctions
1. What is school violence
“Article 5. Subjects handled for administrative violations
1. The subjects sanctioned for administrative violations include:
a) Persons aged between full 14 and fewer than 16 shall be administratively sanctioned for intentional administrative violations; persons aged full 16 or older shall be administratively sanctioned for all administrative violations.
Persons of the people’s army, people’s police force, who commit administrative violations, shall be handled like other citizens; in cases where it is necessary to apply the sanctioning form of stripping off the right to use licenses, practice certificates or terminable suspension of operations related to defense and security, the sanctioning persons propose the competent agencies, people’s army, people’s police for handle;”
2. How is school violence handled?
2.1 Administrative sanctions
At the same time, according to Article 22 of the 2012 Law on Handling of Administrative Violations, it is stipulated that:
“Article 22. Warning
Warning shall be applied to individuals and organizations that commit minor administrative violations, with extenuating circumstances and shall be applied warning form according to the regulations, or to all acts of administrative violations committed by minors aged between full 14 and fewer than 16. Warning shall be decided in writing.”
Thus, with regard to administrative sanctions, individuals who commit acts of school violence intentionally, have not caused serious consequences and have mitigating circumstances may be subject to a warning penalty.
2.2 Compensation for civil damages
– According to Article 590 of the 2015 Civil Code, a person who commits an act causing damage to the health of another person may have to compensate for civil damages. Including the following costs:
“Article 590. Loss and damage caused by harm to health
1. Loss and damage caused by harm to health comprises:
(a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;
(b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;
(c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.
(d) Other loss and damage as provided by law.
2. A person being responsible to pay compensation when the health of another person is harmed must pay the items provided in clause 1 of this article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum payable to a person whose health is harmed shall not exceed fifty (50) times the basic wage rate provided by the State.”
– According to Article 592 of the 2015 Civil Code, a person who commits an act of infringement upon the honor, dignity, or reputation of another person must be responsible for compensating for damages for the costs determined as follows:
“Article 592. Loss and damage caused by harm to honour, dignity or reputation
1. Loss and damage caused by harm to the honour, dignity or reputation comprises:
(a) Reasonable costs for mitigating and remedying the damage;
(b) Loss of or reduction in actual income.
(c) Other loss and damage as provided by law.
2. A person being responsible to pay compensation when the honour, dignity or reputation of another person is harmed must pay compensation for loss and damage as provided in clause 1 of this article together with another amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum payable to a person whose honour, dignity or reputation is harmed shall not exceed ten (10) times the basic wage rate provided by the State.”
In addition, the law stipulates the capacity of individuals to be responsible for compensation for damage according to Article 586 of the 2015 Civil Code:
“Article 586. Capacity of individuals for liability to compensate for loss and damage
1. A person of eighteen (18) or more years of age who causes loss and damage shall be personally liable to compensate.
2. Where a person under fifteen (15) years of age causes loss and damage, his or her parents, if any, must compensate for the total loss and damage. If the parents have insufficient property to compensate and the minor who has caused the loss and damage has property of his or her own, such property shall be used to satisfy the outstanding amount of compensation, except in the cases provided in article 599 of this Code.
Where a person who is between fifteen (15) and eighteen (18) years of age causes loss and damage, such person must compensate by recourse to his or her own property. If such person has insufficient property to compensate, the parents of such person must satisfy the outstanding amount by recourse to their own property.
3. Where a minor, or a person who has lost the capacity for civil acts, or a person having difficulties in being aware of, or controlling, his or her own acts causes loss and damage but there is a guardian, such guardian shall use the property of the ward to compensate. If the ward has no or insufficient property to compensate, the guardian must do so by recourse to the property of the guardian. If the guardian is able to prove that he or she was not at fault with respect to guardianship, the guardian shall not be required to use its property to compensate.”
2.3 Criminal sanctions
According to Article 12 of the 2015 Penal Code, amended and supplemented in 2017, on the age of criminal responsibility, people aged 16 and over must bear criminal responsibility for all crimes. People aged 14 and over, but under 16, must bear criminal responsibility for very serious intentional crimes or especially serious crimes.
Thus, students who commit acts of school violence when they are 16 years of age or older will be criminally responsible for the following crimes:
– Crime of intentionally causing injury or harm to the health of others according to Article 134 of the 2015 Penal Code, amended and supplemented in 2017.
“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.”
– Crime of Insults to another person according to Article 155 of the Penal Code 2015, amended and supplemented in 2017, stipulates:
“Article 155. Insults to another person
1. Any person who seriously insults another person shall receive a warning, be liable to a fine of VND 10,000,000 – VND 30,000,000 or face a penalty of up to 03 years’ community sentence.
2. This offence committed in any of the following cases shall carry a penalty of 03 – 02 years’ imprisonment:
a) The offence has been committed more than once;
b) The offence is committed against 02 or more people;
c) The offence involves abuse of the offender’s position or power;
d) The offence is committed against a law enforcement officer in performance of his/her official duties;
dd) The offence is committed against a person who cares for, teaches, raises, or provides medical treatment for the offender;
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.
3. This offence committed in any of the following cases shall carry a penalty of 02 – 05 years’ imprisonment:
a) The victim suffers from 46% mental and behavioral disability or above because of the offence;
b) The offence results in the suicide of the victim.
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 – 05 years.”