Some regulations related to domestic violence

Some regulations related to domestic violence

 

1. Legal basis

• Law on Prevention and Combat against Domestic Violence No. 13/2022/QH15 dated November 14, 2022.
• Decree No. 76/2023/ND-CP of the Government dated November 1, 2023 detailing a number of articles of the Law on Prevention and Combat against Domestic Violence.

2. Some regulations related to domestic violence

2.1. What is domestic violence?

Based on the provisions of the Law on Prevention and Combat against Domestic Violence 2022, domestic violence education and control is a process for providing knowledge of and training in skills in behaving, controlling negative emotions and behaviors, or conflict solutions for perpetrators to terminate domestic violence acts.

2.2. What acts are considered domestic violence in Vietnam?

Pursuant to Article 3 of the Law on Prevention and Combat against Domestic Violence 2022, domestic violence acts include:

• Torturing, ill-treating, beating, and threatening or acts of intentionally violating the health and lives of others;
• Insulting, nagging, or other acts of intentionally insulting the honor and dignity of others;
• Forcing people or animals to witness violence to put constant psychological pressure;
• Ignoring, deserting, not nurturing, or taking care of family members who are children, pregnant women, women who are raising children under 36 months old, the elderly, disabled people, or people who are unable to take care of themselves; not educating family members who are children;
• Discriminating against family members’ body, gender, sexuality, and capability;
• Preventing family members from meeting their family members, having legal, healthy social relationships, or committing acts of isolating and putting constant psychological pressure;
• Preventing the performance of rights and obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between husband and wife; between brothers and sisters;
• Disclosing or spreading information on personal life, secrets, and family secrets of other family members to insult their honor and dignity;
• Forcing sexual intercourse against the will of the wife or husband;
• Forcing performance of erotic acts; forcing other family members to listen to, view, and read pornographic audio, images, and contents, inciting violence;
• Imposing forced child marriage, marriage, and divorce or preventing marriage or divorce illegally;
• Forcing pregnancy, abortion, and fetal sex selection;
• Appropriating or vandalizing the general property of the family or personal property of other family members;
• Forcing family members to overwork, over-study, or make financial contributions more than they can afford; controlling property and income of family members to create a state of physical, mental dependence, or other aspects;
• Isolating or holding family members in custody;
• Forcing family members to leave their legal residence illegally.

The acts prescribed above performed between divorced people; people who live together like husband and wife; people who are parents, stepchildren, brothers, or sisters of the divorced people or people who live together like husband and wife; people who have had a relationship of adoptive parents and adopted children with each other are also identified as domestic violence according to the Government of Vietnam.

2.3. What are the locations to receiving notifications and denunciations of domestic violence acts in Vietnam?

Pursuant to the provisions of Clause 1, Article 19 of the Law on Prevention and Combat against Domestic Violence 2022, addresses that receive notifications and denunciations of domestic violence acts:

• The People’s Committees of communes where domestic violence acts occur;
• Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur;
• Educational institutions where domestic violence victims are learners;
• Village Heads, Heads of Sub-Quarters, Heads of Vietnamese Fatherland Front Departments in residential areas where domestic violence acts occur;
• Heads of socio-political organizations of communes where domestic violence acts occur;
• National hotline for domestic violence prevention and combat.

Thus, in case citizens want to denounce acts of domestic violence, they can report information and denunciations to the above addresses to be received and handled in accordance with the law.

Submission of notifications and denunciations of domestic violence acts to addresses above shall be performed under the following forms: calls or messages; letters or applications; direct notification.

3. Reference

Website of the Ministry of Culture, Sports and Tourism: https://bvhttdl.gov.vn/