HOW WILL THE LAW DEAL WITH ACTS OF EXPLOITING CHILDREN FOR PERSONAL GAIN

Recently, the exploitation of children for personal gain has occurred frequently. We can see images of children working and earning a living in many different forms, at many ages. They have to earn a living with lottery tickets, shoe shine boxes… while normally at this age they should be cared for, educated, and entertained… Hence how will the law deal with luring and enticing children to wander and exploiting wandering children for personal gain?

Table of Contents

1. What is child exploitation?

2. How will the exploitation of children for personal gain be punished?

2.1 Administrative liability

2.2 Criminal prosecution

1. What is child exploitation

According to Clause 7, Article 4 of the 2016 Law on Children herein: “7. Child exploitation refers to the act of forcing the child to work against the law on labor, perform or produce pornographic products; organizing or supporting for tourist activities for the purpose of child sexual abuse; offering, adopting or supplying the child for prostitution and other acts of using the child for profiteering purpose.”

Simultaneously, pursuant to Clause 3, Article 6 of the 2016 Law on Children, herein:

“Article 6. Prohibited acts

3. Involve in child sexual abuse, use violence against children, abuse or exploit children.”

 Thus, those who exploit children for personal gain are violating the law.

2. How will the act of exploiting children for personal gain be punished?

2.1 Administrative responsibilities

Pursuant to Article 23 of Decree 130/2021/ND-CP:

“Article 23. Violations of regulations on the prohibition of child abuse, exploitation, organization, support, incitement, and coercion of children into early marriage

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:

a) Forcing children to do household chores beyond their capacity, beyond the time limit, affecting their study, play, entertainment, and negatively affecting their development;

b) Organizing, inciting, and coercing children into early marriage.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts:

a) Organizing or forcing children to beg;

b) Renting, lending, or using children to beg.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for one of the following acts:

a) Leading, enticing, inciting, luring, luring, inciting, taking advantage of, or forcing to act as an intermediary in transactions to exploit children;

b) Leading, enticing, inciting, luring, luring, inciting, or taking advantage of children to work in violation of the law;

c) Forcing children to work before the age limit, beyond the time limit, doing heavy, toxic, or dangerous work as prescribed by law, or working in places that are insecure and disorderly, which have a negative impact on the personality and development of children. In case the employer uses children to do work not permitted by law, he/she shall be subject to administrative sanctions according to the provisions of the Government’s Decree on administrative sanctions in the field of labor, social insurance, and Vietnamese workers working abroad under contracts;

d) Exploiting child labor. In case the employer takes advantage of the name of vocational training or apprenticeship to exploit the labor of children, he/she shall be subject to administrative sanctions according to the provisions of the Government’s Decree on administrative sanctions in the field of labor, social insurance, and Vietnamese workers working abroad under contracts.

4. Additional sanctions:

Confiscation of exhibits and means of administrative violation for the violation in Clause 3 of this Article.

5. Remedial measures:

a) Forced to return the illegal profits gained from committing the violation in Clause 2 and Clause 3 of this Article;

b) Forced to bear all costs for medical examination and treatment (if any) for children for violations in Clauses 1, 2 and Clause 3 of this Article.”

Thus, according to the above provisions, in addition to fines, the act of exploiting children for personal gain is subject to additional penalties such as confiscation of exhibits and means of administrative violation related to the violation.

In addition, there are also remedial measures such as forcing the return of illegal profits gained from committing the violation; forcing to bear all costs for medical examination and treatment (if any) for children for violations.

2.2 Criminal prosecution

If the subject exploits children to beg for profit, has the behavior of coercing, cruelly treating, forcing children to do hard, toxic work, committing illegal acts, beating, causing injuries, etc., which have sufficient elements to constitute a crime, these subjects will be prosecuted for criminal responsibility for the corresponding crime according to the provisions of the 2015 Penal Code, amended and supplemented in 2017.

– Crime of intentionally causing injury or harm to the health of others

“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 Torturing Others

“Article 140. Abuse

1. A person who maltreats or humiliates his/her dependent, except for the cases specified in Article 185 hereof, shall face a penalty of up to 03 years’ community sentence or 03 – 24 months’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 01 – 03 years’ imprisonment:

a) 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;

b) The victim suffers from 11% mental and behavioral disability or above because of the offence;

c) The offence is committed against 02 or more people.”

– Crime of violating regulations on the use of workers under 16 years old

“Article 296. Violations against regulations of law on employment of workers under 16

1. Any person employs a person under 16 to do hard or dangerous works or works that involve contact with harmful substances on the list compiled by the State in any of the following cases shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:

a) The offender previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;

b) The offence results in bodily harm to 01 people who suffers from 31% – 60% physical disability;

c) The offence results in bodily harm to ≥ 02 people who suffer from a total physical disability of 31% – 60%.

2. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:

a) The offence has been committed more than once;

b) The offence involves ≥ 02 workers under 16;

c) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% physical disability;

d) The offence results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;

dd) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 61%.

3. This offence committed in any of the following cases shall carry a penalty of 05 – 10 years’ imprisonment:

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

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

c) The offence results in bodily harm to ≥ 03 people who suffer from a total physical disability of ≥ 122%.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000”.