This is one of the notable proposals proposed by the Ministry of Public Security in the draft Decree amending and supplementing a number of articles of Decree 144/2021/ND-CP regulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; and prevention and control of domestic violence.
Expected penalties for illegally forcing family members out of their legal residence:
Fine from 5,000,000 VND to 10,000,000 VND for forcing family members out of legal residence.
A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for threatening with violence to force a family member out of their legal residence.
According to lawyer Nguyen Trong Nghia - Hanoi Bar Association, according to this proposal, couples who force each other out of their home - their legal residence - will be fined up to 10 million VND.
Another noteworthy content proposed by the Ministry of Public Security is the punishment of economic violence in the field of domestic violence prevention.
Accordingly, a fine of 20,000,000 VND to 30,000,000 VND shall be imposed for one of the following acts:
(i) Appropriating the family's common property or the private property of another family member;
(ii) Destroying the family's common property or the private property of other family members;
(iii) Forcing family members to overwork or do heavy, dangerous work, expose them to toxic substances or do other work contrary to labor laws;
(iv) Forcing family members to beg or wander around for a living;
(v) Forcing family members to contribute financially beyond their means;
(vi) Controlling the assets and income of family members to create a state of material, mental or other dependence.
In addition to being fined, individuals who commit violations must also take the following remedial measures:
Forced restoration of original condition for violations specified in point (ii), except in cases where the property cannot be restored to its original condition;
Forced return of illegally seized property or forced return of an amount equal to the value of illegally seized property that has been consumed, dispersed or destroyed in violation of the law to the legal owner for violations specified in points (i), (v) and (vi).
If officially issued, the above proposal would be applicable from January 1, 2025.
