Tiếng Việt
Table of Contents
1. Children’s responsibilities towards their parents
2. Penalties for acts of disrespect towards their parents
2.1 Administrative sanctions
2.2 Criminal prosecution
1. Children’s responsibilities towards their parents
Children’s obligations towards their parents are stipulated in Clauses 2 and 4, Article 70 of the 2014 Law on Marriage and Family:
“Article 70. Rights and obligations of children
2. To love, respect, show gratitude and dutifulness to and support their parents, to preserve the honor and good traditions of their family.
4. For adult children, to select at their free will professions and places of residence, to study and raise their educational level and professional qualifications and skills; to participate in political, economic, cultural and social activities according to their aspirations and abilities. When living with their parents, to do housework and participate in working, production and income-generating activities to ensure the common life of the family; to contribute their incomes to meeting the family’s needs suitable to their capacity.”
In addition, according to Clause 2, Article 71 of the 2014 Law on Marriage and Family, it also stipulates:
“Article 71. Obligation and right to care for and raise
2. Children have the obligation and right to care for and support their parents, especially when their parents lose their civil act capacity, are sick, become old and weak or have disabilities. For a family with several children, these children shall together care for and support their parents.”
Based on the above provisions, the current law of our country has clearly defined the obligations of children towards their parents, contributing to creating constraints, so that children are more responsible in fulfilling their obligations towards their parents. Thereby, reminding children of their filial piety, remembering their roots, the birth and upbringing of their parents, is a way for children to show filial piety to their parents in order to maintain and develop a more civilized and better society.
2. Penalties for acts of disrespect towards parents
2.1 Administrative sanctions
Acts of disrespect towards parents can be administratively sanctioned at the following levels:
– Acts of harming the health of family members are sanctioned according to Article 52 of Decree 144/2021/ND-CP stipulating sanctions for administrative violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; Prevention and control of domestic violence:
“Article 52. Acts of harming health of family members
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for acts of beat causing injury to 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) Using tools, means or other objects to cause injury to family members;
b) Failing to take the victim to the medical emergency or treatment in case the victim needs timely medical emergency or failing to take care of the victim during the treatment of injury due to domestic violence, except in cases where the victim refuses.
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 payment of the entire medical examination and treatment cost in case of violations specified in Clause 1 and Point a Clause 2 of this Article;”
– For acts of insulting the honor and dignity of family members, penalties shall be imposed according to Article 54 of Decree 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence:
“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;”
– For violations of the provisions on care, nurturing, and support for parents according to Point b, Clause 1 and Clause 2, Article 57 of Decree 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence:
“Article 57. Violations against regulations on care, nurture or support
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the following violations:
a) Denying or evading support obligations between husband and wife after divorce, refusing or evading the nurturing obligations between sisters and brothers, between paternal grandparents, maternal grandparents and grandchildren under the regulations of law;
b) Denying or evading the support and nurturing obligations for parents; obligations of support and care for children after divorce as prescribed by law;
2. Remedial measure:
Mandatory fulfillment of contribution/nurturing obligations for the acts specified in Clause 1 of this Article.”
– For acts of economic violence according to Article 58 of Decree 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence:
“Article 58. Acts of economic violence
A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:
1. Seizing private property of family member;
2. Forcing family members to overwork or do heavy and dangerous work, exposure to toxic substances or do other work in contradiction with regulations of law on labor;
3. Forcing family members to beg or wander for a living.”
2.2 Criminal prosecution
Acts of being unfilial to parents may be criminally prosecuted for one of the following crimes:
– Crime of mistreating or torturing grandparents, parents, spouses, children, grandchildren or people who have raised you as prescribed in Article 185 of the 2015 Penal Code, amended and supplemented in 2017:
“Article 185. Maltreatment or abuse of one’s grandparent, parent, spouse, child, grandchild, or caregiver
1. Any person who maltreats or commits violent acts against his/her grandparent, parent, spouse, child, grandchild, or caregiver in any of the following cases shall receive a warning, face a penalty of up to 03 years’ community sentence or 06 – 36 months’ imprisonment:
a) The victim suffers from regular physical and mental pain;
b) The offender previously incurred a civil penalty for the same offence.
2. This offence committed in any of the following cases shall carry a penalty of 02 – 05 years’ imprisonment:
a) The offence is committed against a person under 16, a woman with the full knowledge of her pregnancy, or an old and weak person;
b) The offence is committed against a person with severe or extremely severe disabilities or a person having a fatal disease.”
According to the above legal provisions, depending on the nature and severity of the violation, administrative sanctions or criminal prosecution will be imposed.