What are the measures to prevent domestic violence acts applicable to foreigners in Vietnam?
What are the measures to prevent domestic violence acts applicable to foreigners in Vietnam?
Pursuant to the provisions of Clause 2, Article 12 of Decree 76/2023/ND-CP, measures to prevent domestic violence acts applicable to foreigners in Vietnam who are perpetrators:
- They shall be forced to end domestic violence acts;
- They shall be requested to present themselves to the Public Security Forces of communes, wards, or commune-level towns where domestic violence acts occur;
- They shall be banned from any contact with the victims;
- They shall be forced to take domestic violence education and control courses;
- They shall be criticized in the residential communities;
- They shall be forced to carry out community services according to Points a, b, c, g, h, and I Clause 1 Article 22 of the Law on Prevention and Combat against Domestic Violence.
They shall pay the fees for hiring interpreters from Vietnamese to foreign languages and vice versa, lawyers, guardians, and other fees prescribed in Point a Clause 1 of this Article 12 of Decree 76/2023/ND-CP for the domestic violence victims. The payment shall comply with finance laws; regarding cases unprescribed by finance laws, carry out the payment according to actual invoices and receipts;
The application of measures to prevent domestic violence acts applicable to foreigners in Vietnam who are perpetrators shall be carried out similarly to the application to Vietnamese unless otherwise prescribed by international treaties that Vietnam is a signatory.
What are the measures to prevent domestic violence acts applicable to foreigners in Vietnam? (Image from the Internet)
How to force an end to domestic violence in Vietnam?
Pursuant to the provisions of Article 23 of the Law on Prevention and Combat against Domestic Violence, the measure of forced termination of domestic violence acts is implemented as follows:
- Persons competent to handle domestic violence acts may immediately apply necessary measures according to the law to terminate domestic violence acts.
- Persons present at the place of domestic violence acts shall, according to their capability and the nature of domestic violence acts, request perpetrators to terminate such acts.
What are the addresses that receive notifications and denunciations of domestic violence acts in Vietnam?
Pursuant to the provisions of 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.
In addition, submission of notifications and denunciations of domestic violence acts shall be performed under the following forms:
- Calls or messages;
- Letters or applications;
- Direct notification.
In addition, based on the provisions of Article 10 of Decree 76/2023/ND-CP, procedures for receiving and handling notifications and denunciations of domestic violence via addresses prescribed in Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Prevention and Combat against Domestic Violence 2022 is implemented as follows:
Step 1: Procedures for receiving notifications and denunciations of domestic violence sent to addresses prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence 2022:
- When receiving notifications and denunciations of domestic violence in person or via phone calls, receivers shall record the information in writing following Form No. 04 of the Appendix enclosed with the Decree 76/2023/ND-CP while providing psychological counseling and skills in responding to domestic violence acts for the information providers;
- When receiving notifications and denunciations of domestic violence via messages, applications, or letters, receivers shall record the information in writing following Form No. 05 of the Appendix enclosed with the Decree 76/2023/ND-CP.
Step 2: Procedures for handling notifications and denunciations of domestic violence sent to addresses prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence 2022:
- Public Security Authorities and Border Guard Stations receiving notifications or denunciations of domestic violence shall promptly prevent and handle domestic violence acts within their jurisdiction while reporting such incidents to Presidents of People’s Committees of communes where domestic violence acts occur. In case the victims in the notifications or denunciations of domestic violence are children, the handling shall comply with children laws;
- Immediately after receiving notifications and denunciations of domestic violence, entities prescribed in Points c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence 2022 shall notify Presidents of People's Committees of communes where domestic violence acts occur and prevent the acts and provide support and protection for the domestic violence victims within their capacity.
Step 3: 3. Authorities, organizations, and individuals receiving notifications and denunciations of domestic violence shall cooperate with state authorities and competent persons according to domestic violence prevention and combat laws in verifying notifications and denunciations upon requests.
Step 4: Public Security Authorities and Border Guard Stations prescribed in Point a Clause 2 of Article 10 of Decree 76/2023/ND-CP shall provide notifications of the handling results of notifications and denunciations of domestic violence upon requests from authorities, organizations, or individuals providing such notifications or denunciations.
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