New domestic violence penalties take effect in Vietnam: What married couples should know

Under Article 44 of the decree, acts that constitute economic violence within the family are subject to strict penalties.

These include forcing a family member to work beyond their physical capacity, compelling them to make financial contributions beyond their means, or controlling their assets or income to create material, psychological, or other forms of dependency.

Violators shall be fined VND20-30 million (US$760 - $1,140).

The same fine applies to acts such as appropriating common family property or the private property of another family member, or deliberately destroying such property, provided the conduct does not rise to the level of criminal prosecution.

In addition, a person who unlawfully seizes shared marital property or the private property of his or her spouse, or who forces financial contributions beyond capacity or controls the spouse’s income, will be compelled to return the illegally held assets.

If the assets have been consumed, transferred, or destroyed unlawfully, the violator must pay an amount equivalent to their value.

While the fine levels remain unchanged from previous regulations, Decree 282 expands the scope of economic violence to include behaviors that create inequality between spouses.

These newly specified violations include forcing a spouse to contribute financially beyond his or her ability and controlling a spouse’s assets or income to establish dependence in multiple aspects of life.

Clearer, stricter provisions on sexual violence

Notably, Decree 282 introduces a dedicated provision on sexual violence.

Article 41 stipulates that forcing a spouse to engage in sexual relations against his or her will, when the act does not warrant criminal liability, or coercing a family member to perform pornographic acts, is punishable by a fine of VND20-30 million.

Those who force family members to consume pornographic audio, images, or written content face fines of VND10-20 million ($380-760).

Beyond administrative penalties, offenders shall be required to issue a public apology at their residence, workplace, another location, or through mass media at the request of the victim of sexual violence.

Compared with previous regulations, which grouped acts such as coercing family members into pornographic behavior or using aphrodisiacs under the vague category of ‘causing frequent psychological pressure,’ the new decree explicitly names sexual violence and defines its forms more precisely.

Those who conceal domestic violence also penalized

The new decree also tightens accountability for individuals who tolerate or cover up domestic violence.

Such conduct is now classified as a violation of regulations on preventing and reporting domestic violence, facing a stricter fine than the previous regulation.

Specifically, individuals who are aware of domestic violence and have the conditions to prevent it but fail to do so, or who know of such acts and do not report them to competent authorities, shall be fined VND1-4 million ($38-152).

Previously, these acts were subject only to warnings or fines ranging from VND1 million to VND2 million ($76).

With these substantial changes, Decree 282 is expected to positively influence social behavior, encouraging individuals to act appropriately, proactively intervene, and boldly report violations to authorities, thereby helping to reduce domestic violence.

Male victims of domestic violence show signs of increase

According to reports from competent authorities, while the total number of domestic violence cases and victims declined in 2023 compared with 2022, the proportion of male victims showed an upward trend.

In 2023, there were 3,122 households experiencing domestic violence, with more than 3,240 reported incidents.

Physical violence remained the most common form, with 1,520 cases, followed by psychological violence at 1,404 cases, economic violence at 230 cases, and sexual violence at 110 cases.

A total of 3,193 victims were recorded, including 2,628 women and 565 men.

Although overall figures declined year on year, the proportion of male victims increased compared with the previous year.

There were 3,208 people using violence with their family members in 2023, of whom 2,677 were men and 531 were women.

More than 2,900 offenders were subjected to disciplinary measures, including 129 individuals who faced criminal prosecution.

* This article was originally written in Vietnamese by lawyer Nguyen Thi Thu Tam and translated by Tuoi Tre News.