What are the domestic violence acts performed by divorced people in Vietnam according to the latest regulations 2024?
- What are the domestic violence acts performed by divorced people in Vietnam according to the latest regulations 2024?
- Will perpetrators be subject to application of protective order measures decided by the Court?
- What are the addresses that receive notifications and denunciations of domestic violence acts? What are the handling procedures?
What are the domestic violence acts performed by divorced people in Vietnam according to the latest regulations 2024?
Pursuant to the provisions of Article 2 of Decree 76/2023/ND-CP, the following acts are determined to be acts of domestic violence between divorced people:
- 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;
- Forcing performance of erotic acts; forcing other family members to listen to, view, and read pornographic audio, images, and contents, inciting violence;
- Illegally forcing others to leave their legal residence.
- Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;
- Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure;
- Preventing exercise of rights and fulfillment of obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between brothers and sisters;
- Obstructing marriage.
What are the domestic violence acts performed by divorced people in Vietnam according to the latest regulations 2024? (Image from the Internet)
Will perpetrators be subject to application of protective order measures decided by the Court?
Pursuant to the provisions of Article 26 of the Law on Prevention and Control of Domestic Violence 2022, the Court can decide the application of protective order measures there is an act of domestic violence in the following cases:
(1) People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures, with the validity of each order does not exceed 4 months when the following conditions are satisfied:
+ Domestic violence acts damage or potentially damage the health or threaten the life of domestic violence victims.
+ There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.
In case of applications from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;
(2) People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures on their own, with the validity of each order does not exceed 4 months when it is necessary to protect the life of domestic violence victims.
In addition, protective order decisions are immediately effective after their issuance and are sent to perpetrators, domestic violence victims, Chairmen of the People’s Committees of communes, Heads of Commune-Level Police Forces, Village Heads, Heads of Sub-Quarters where domestic violence victims reside, and the People’s Procuracy at the same level.
What are the addresses that receive notifications and denunciations of domestic violence acts? What are the handling procedures?
Pursuant to the provisions of Article 19 of the Law on Prevention and Control of 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.
Pursuant to the provisions of Article 10 of Decree 76/2023/ND-CP, the reception and processing of information is as follows:
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 Control of 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 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 Decree 76/2023/ND-CP.
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 Control of 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 Control of 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.
- 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.
- Public Security Authorities and Border Guard Stations prescribed in Point a Clause 2 of this Article 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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