The situation of sexual harassment is a burning problem in today’s society. Significantly, the issue of sexual harassment and insulting foreign tourists; not only will it affect the social order; but also create a bad image of Vietnam in the eyes of international friends. So how will sexual harassment and insulting foreign tourists be handled? Let us learn about this issue with LSX Law firm below.
Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020)
What is sexual harassment and insulting foreign tourists?
Sexual harassment acts are acts of a sexual nature; affect the dignity of others. This is unacceptable behavior; unwanted and unreasonable insult to the other party.
“Sexual harassment” manifests itself in many different forms:
Firstly, behavioral patterns that involve physical activity such as touching, body contact, even attack,…
Secondly, speech form: vulgar language with sexual connotations; making unsolicited requests continually;…
Thirdly, non-verbal forms: expressed as body language unjust; display sexually explicit material;…
In addition, insulting foreign tourists such as disparaging, swearing,… are also violations of the law.
How will sexual harassment and insulting foreign tourists be handled?
According to Article 5; Decree 167/2013/ND-CP; regulations on sanctioning of administrative violations in the field of social security, order and safety; Prevention of social evils; fire prevention and fighting; domestic violence prevention and control:
Sexual harassment and insulting foreign tourists fine
- Warning or a fine of between VND 100,000 and 300,000 for one of the following acts:
a) Having rough gestures and words; provocative, teasing; offend the honor and dignity of others;
b) Causing disorder at theatres, cinemas, cultural houses or clubs; places for art performances, places for physical training and sports activities; festivals, exhibitions, fairs; offices of agencies, organizations, residential areas, schools, hospitals; train stations, piers, bus stations, on the street, in border-gate and port areas; or another public place;
c) Freeing domestic animals in cities and towns; or a public place.”
Accordingly, acts of sexual harassment and indecent insults towards foreign tourists shall be administratively handled; with a fine from 100,000 VND to 300,000 VND.
However, this fine is not enough. Apparently, the Ministry of Public Security has proposed draft decrees on increasing the sanction for acts to 5 million; but this draft has not yet come into effect; and gets into practice.
To prosecute under the crime of humiliation; or other crimes in the criminal law are very difficult because there are not enough constitutive elements.
To apply the measure of sending to reformatories is also not eligible; While Article 92 of the Law on Handling of Administrative Violations stipulates:
Firstly, persons from full 12 years old to under 14 years old; commit acts showing signs of a grave crime specified in the Penal Code.
Secondly, persons between 14 years old and under 16 years old; committed acts with signs of a grave crime; or severe crime provisions in the Criminal Code; except for the crimes specified in Clause 2, Article 12 of the Criminal Code
Furthermore, persons between 14 years old and under 16 years old; commit one of the acts specified in Clauses 2 and 3, Article 90 of this Law; and subjected to educational measures in communes, wards, and townships.
Besides, persons aged between 16 and under 18; can commit one of the acts specified in Clause 4, Article 90 of this Law; but are not a criminal and have previously been subjected to educational measures in communes, wards, or townships.
In addition, do not apply the measures taken to the reformatory for the following cases:
a) Persons who do not have administrative responsibility capacity;
b) The pregnant person is certified by the medical examination facility; medical treatment at the district level or higher;
c) Women or the only person who is raising a child under 36 months old; certified by the People’s Committee of the commune where he/she resides.”
In general, these subjects are all juveniles; when the age is only about 15, 16 years old; and usually will not have the assets to be liable to pay the fine. Therefore, the family is the one who bears the consequences for the child’s sexual harassment. So, it is partly true to say that we are not directly responsible for the consequences that we cause.
Finally, hope this article is helpful for you!
The crime of humiliating others will be sanctioned according to Article 155 of the Penal Code 2015 amended and supplemented in 2017
Harassment by phone can be fined from 10 million VND to 20 million VND; or may be criminally prosecuted for humiliating others; (Article 155 of the Criminal Code 2015) or slander others (Article 156 of the Criminal Code 2015)