It is normal for couples to have disagreements and arguments from time to time. However, when these disagreements escalate into verbal abuse and insults, it may cross the line into domestic violence and become a legal issue.
Can couples be fined for verbal abuse in Vietnam?
Spousal verbal abuse, whether it is the wife insulting the husband or vice versa, is not a new phenomenon. Recently, a case in Dong Hoi City made the news when a couple’s argument escalated to the point where the police had to intervene. The police recorded that both spouses had engaged in mutual defamation, and the local government ultimately fined each spouse 7.5 million VND.
Verbal abuse between spouses can be categorized as domestic violence under Vietnamese law, specifically as “insults or other intentional acts that violate honor and dignity.”
According to Decree 144/2021/ND-CP, which outlines administrative sanctions in the fields of security and order, fire prevention and control, and domestic violence prevention, among others, this kind of behavior can result in a fine ranging from 5 million to 10 million VND.
What constitutes domestic violence according to Vietnamese law?
Article 3 of the Law on Domestic Violence Prevention and Control No. 13/2022/QH15 defines the following acts as domestic violence:
- Torture, mistreatment, physical assault, threats, or other intentional acts that harm health and life;
- Insults or other intentional acts that violate honor and dignity;
- Forcing family members to witness violence against individuals or animals to exert constant psychological pressure;
- Neglecting or failing to care for family members who are children, pregnant women, nursing mothers (up to 36 months postpartum), the elderly, people with disabilities, or those unable to care for themselves; failing to educate family members who are children;
- Discrimination based on physical appearance, gender, gender identity, or abilities within the family;
- Isolating family members by preventing them from interacting with relatives or having healthy social relationships, thereby causing constant psychological distress;
- Obstructing family members’ rights and obligations, such as those between grandparents and grandchildren, parents and children, spouses, and siblings;
- Disclosing or disseminating private information or family secrets to humiliate or violate the honor and dignity of family members;
- Forcing spouses to engage in non-consensual sexual acts;
- Coercing family members to perform pornographic acts or listen to, view, or read pornographic or violent content;
- Forcing or preventing family members from marrying, divorcing, or remarrying against their will;
- Coercing abortion, pregnancy, or gender selection of the fetus;
- Seizing or destroying family property or the personal property of other family members;
- Forcing family members to work or study beyond their capacity or contribute financially beyond their means, or controlling their income to create material or psychological dependence;
- Isolating or imprisoning family members;
- Forcibly evicting family members from their legal residence.
These acts are subject to administrative sanctions if they do not rise to the level of criminal offenses. The fines for these acts range from 5 million to 30 million VND. If the acts are more severe and constitute criminal offenses, they can be prosecuted under Article 185 of the 2015 Criminal Code.
Offenders may receive a warning, non-custodial reform for up to three years, or imprisonment ranging from six months to three years if they have committed acts of violence against family members that have caused recurring physical and mental pain and have previously been administratively sanctioned for the same behavior.
If the violence is committed against minors under 16 years of age, pregnant women, the elderly, or people with severe or special disabilities, or those suffering from serious illnesses, the penalty is more severe, ranging from two to five years of imprisonment.
The home should be a place of love, support, and safety for all family members. Domestic violence goes against moral and legal principles, so let’s work together to combat it and report any instances of it.
