Vietnam Defamation Laws: Civil & Criminal

Defamation in Vietnam is both a civil wrong and a criminal offence. Honour, dignity, and prestige are protected under Article 34 of the 2015 Civil Code, while the 2015 Penal Code criminalises insult in Article 155 and slander (spreading false information) in Article 156, with online conduct also reachable under Article 331 and cyber-security rules.

What counts as defamation in Vietnam

Vietnamese law splits reputational harm into insult and slander. Article 155 of the 2015 Penal Code, headed humiliating other persons, targets seriously insulting another person's dignity and honour, which covers abusive or degrading conduct. Article 156, on slander, targets fabricating or spreading information known to be false in order to harm another person's honour or to infringe their lawful rights and interests, and also covers making a fabricated criminal accusation to the authorities. On the civil side, Article 34 of the 2015 Civil Code declares that the honour, dignity, and prestige of an individual are inviolable and protected by law, giving a person the right to ask a court to reject information that adversely affects their honour, dignity, or prestige. Both natural persons and, through related provisions, organisations can protect their reputation.

Civil liability under the Civil Code

Civil defamation in Vietnam is anchored in Article 34 of the 2015 Civil Code, which protects honour, dignity, and prestige and lets a person request a court to reject damaging information and require its removal or rectification where it appears in the mass media. Where harm occurs outside a contract, the general tort rules in Article 584 and the specific rule in Article 592 allow a claim for compensation for damage to honour, dignity, and reputation. Courts have generally applied Articles 34 and 592 together in non-contractual reputation disputes. The remedies a civil claimant can seek include a public apology, rectification or removal of the offending information, and monetary compensation for both the costs of mitigating the harm and any actual loss, with an additional sum for mental suffering.

Criminal defamation and penalties

Vietnam retains criminal liability for both insult and slander, and adds a broad public-order offence in Article 331. The figures below reflect the 2015 Penal Code as amended in 2017.

Watch out: Article 331 is drafted broadly, covering abuse of freedom of speech, the press, association, and other democratic freedoms to infringe the interests of the State or the rights of others, and human-rights monitors report it is regularly used to prosecute online critics.

The defences

Because slander under Article 156 turns on information that is fabricated or known to be false, truth is central: a substantially accurate factual statement should not meet the elements of slander, although it may still raise insult or privacy questions if expressed in a degrading way. Lack of intent matters too, since the slander offence is built around knowingly spreading false information. For insult under Article 155, the conduct must be a serious affront to dignity and honour, so trivial or fair criticism may fall short. In a civil claim under Article 34, a defendant can resist removal and compensation by showing the statement is true or that it does not in fact lower the person's honour, dignity, or prestige. Vietnamese law does not codify the broad public-figure or public-interest defences found in some common-law systems.

Remedies and damages

A civil claimant under the Civil Code can ask the court to order the offending information rejected, removed, or rectified, to require a public apology, and to award compensation. Article 592 frames compensation for damage to honour, dignity, and prestige to include reasonable costs to limit and remedy the damage, lost or reduced income, and a further sum for mental suffering, which the parties may agree or, failing agreement, the court sets within a statutory ceiling tied to the base salary. There is therefore a structured rather than open-ended approach to the mental-suffering component. In criminal cases, the court imposes the statutory penalty and may also order the offender to pay civil compensation and make a public apology as part of, or alongside, the criminal judgment.

Limitation period

Civil claims for compensation for non-contractual damage, including damage to honour and dignity, are subject to the limitation rules of the 2015 Civil Code, which sets a limitation period of three years for claims to compensation for damage, running from the date the person knew or should have known that their lawful rights and interests were infringed. Because online content can remain accessible and may be re-shared, the practical starting point can be contested, so prompt action is advisable. The criminal provisions are not subject to the same civil limitation rule but instead to the Penal Code's statute-of-limitations regime for prosecution, which varies with the seriousness of the offence.

Online defamation

Online and social-media defamation is fully covered in Vietnam and is a particular enforcement focus. Insult and slander committed using a computer network, telecommunications network, or electronic means are treated as aggravating circumstances under Articles 155 and 156, which can raise the applicable penalty. Article 331 is also widely applied to posts said to abuse democratic freedoms. Beyond the Penal Code, the Cybersecurity Law and its implementing decrees impose content rules and data-localisation and cooperation obligations on online platforms, and administrative rules under decrees on social-media and information management allow fines for spreading false or defamatory information online. A civil claimant can additionally seek a court order requiring a platform or publisher to remove or rectify the content under Article 34.

Watch out: Committing insult or slander through a computer or telecommunications network is an aggravating factor under Articles 155 and 156, so an online post can attract a higher penalty than the same words said offline.

How a claim is brought

The criminal route typically begins with the victim filing a denunciation or report with the police, after which investigators and the procuracy decide whether to prosecute, and the People's Court tries the case and can impose imprisonment, non-custodial reform, or a fine, plus civil compensation. A civil claim for damage to honour and dignity is filed at the People's Court, where the claimant pleads the statement, its falsity or degrading character, publication, and the resulting harm, and seeks removal or rectification, an apology, and compensation under Articles 34 and 592. Many disputes also move through administrative channels, where authorities can fine the spread of false information online under the relevant decrees without a court trial.