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Sexual harassment happens a lot in the workplace in many countries around the world, Vietnam included. Accordingly, the Vietnam Labor Law has specifically forbidden the actions of sexual harassment in the workplace. If someone violates these rules, they will be punished accordingly. So, what are the regulations on penalties for sexual harassment in the workplace in Vietnam?
According to the Point 9, Article 3 of the Vietnam Labor Law 2019, “sexual harassment” in the workplace means any sexual act of a person against another person in the workplace against the latter’s will. “workplace” means the location when an employee works under the agreement or as assigned by the employer.
Sexual harassment can be expressed in many forms such as actions, words, images, etc., and can happen anywhere besides the workplace such as in public places, on social media, etc.
Penalties for sexual harassment in the workplace in Vietnam
By law, employers have the right to fire employees immediately who engage in sexual harassment in the workplace.
Regarding the form of sanction, according to Clause 5, Article 7 of Decree No. 144/2021/ND-CP dated December 31, 2021, a fine of between VND 5,000,000 and 8,000,000 may be imposed on the violator for one of the following acts:
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d) Obscene to people under 16 years old but not being examined for penal liability;
d) Sexual harassment and harassment;
e) Pornographic, sexually suggestive in public places;
…
The violators are also forced to make a public apology to the victim unless he/she makes an unsolicited application.
Penalties for sexual harassment in some special cases
For sexual harassment at the workplace but not up to the level of criminal prosecution, Clause 3, Article 11 of Decree 12/2022/ND-CP stipulates that a fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed.
Regarding sexual harassment with pictures, videos, etc. on social networks, the violators might get a penalty ranging from VND 10,000,000 to VND 50,000,000 for one of the following acts: Providing, exchanging, transmitting, storing, and using information and services with gambling content or serving to gamble; obscene, depraved, superstitious, against the morals, folk customs and traditions of the nation, etc.
Criminal prosecution for sexual harassment
Currently, criminal prosecution for acts of sexual harassment has not been specifically regulated by the Penal Code of Vietnam.
However, depending on the seriousness, if it is proven that the act of sexual harassment has seriously violated human dignity, the person who commits this act may be criminally charged with the crime of humiliating others under Article 155 of the Penal Code:
Those who seriously offend the dignity and honor of others shall be subject to a warning, a fine of between VND 10,000,000 and VND 30,000,000, or non-custodial reform for up to 3 years.
Those who commit the crime twice or more or use computer networks or telecommunications networks or electronic means to commit the crime shall be sentenced to between 3 months and 2 years of imprisonment.
Thus, for acts of sexual harassment with pictures, not only are the violators administratively sanctioned but they can also be prosecuted for penal liability with a penalty frame of up to 2 years.
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