What are the contents of Decree 76/2023/ND-CP on elaboration on some Articles of Law on Prevention and Combat against Domestic Violence in Vietnam?
- What are the contents of Decree 76/2023/ND-CP on elaboration on some Articles of Law on Prevention and Combat against Domestic Violence in Vietnam?
- What are the domestic violence acts performed by divorced people in Vietnam?
- What are the regulations on the national hotline for domestic violence prevention and combat in Vietnam?
What are the contents of Decree 76/2023/ND-CP on elaboration on some Articles of Law on Prevention and Combat against Domestic Violence in Vietnam?
On November 1, 2023, the Government issued Decree 76/2023/ND-CP detailing a number of articles of the Law on prevention and combat against domestic violence 2022.
Decree 76/2023/ND-CP details some of the following contents:
- Clause 2, Article 3 of the Law on prevention and combat against domestic violence 2022;
- Clause 1, Article 12 of the Law on prevention and combat against domestic violence 2022;
- Clause 3, Article 19 of the Law on prevention and combat against domestic violence 2022;
- Clause 5, Article 20 of the Law on prevention and combat against domestic violence 2022
- Clause 2, Article 22 of the Law on prevention and combat against domestic violence 2022;
- Clause 8, Article 25 of the Law on prevention and combat against domestic violence 2022;
- Clause 2, Article 30 of the Law on prevention and combat against domestic violence 2022;
- Clause 3, Article 39 of the Law on prevention and combat against domestic violence 2022;
- Clause 5, Article 40 of the Law on prevention and combat against domestic violence 2022;
- Clause 3, Article 42 of the Law on prevention and combat against domestic violence 2022.
What are the contents of Decree 76/2023/ND-CP on elaboration on some Articles of Law on Prevention and Combat against Domestic Violence in Vietnam?
What are the domestic violence acts performed by divorced people in Vietnam?
According to Article 2 of Decree 76/2023/ND-CP regulating domestic violence acts performed by divorced people as follows:
Domestic violence acts performed by divorced people
1. Performing acts specified in Points a, b, c and k Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence.
2. Illegally forcing others to leave their legal residence.
3. Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;
4. Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure;
5. 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;
6. Obstructing marriage.
Thus, domestic violence acts performed by divorced people 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;
- 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 regulations on the national hotline for domestic violence prevention and combat in Vietnam?
According to Point e, Clause 1, Article 19 of the Law on prevention and combat against domestic violence 2022, regulations on notifications and denunciations of domestic violence acts are as follows:
Notifications and denunciations of domestic violence acts
1. Addresses that receive notifications and denunciations of domestic violence acts:
a) The People’s Committees of communes where domestic violence acts occur;
b) Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur;
c) Educational institutions where domestic violence victims are learners;
d) Village Heads, Heads of Sub-Quarters, Heads of Vietnamese Fatherland Front Departments in residential areas where domestic violence acts occur;
dd) Heads of socio-political organizations of communes where domestic violence acts occur;
e) National hotline for domestic violence prevention and combat.
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Article 7 of Decree 76/2023/ND-CP regulates the national telephone switchboard for domestic violence prevention as follows:
National hotline for domestic violence prevention and combat
1. The national hotline for domestic violence prevention and combat (hereinafter referred to as “Hotline”) shall be in the form of a short phone number with 3 digits to receive and handle notifications and denunciations of domestic violence.
2. The Hotline shall be operated 24/7 to receive notifications and denunciations of domestic violence with the operational resources guaranteed by the State.
3. The Hotline shall automatically record and pay the telecommunications fees for every incoming and outgoing call.
4. The Hotline may advertise its phone number as prescribed by laws.
Accordingly, the National hotline for domestic violence prevention and combat is the designated address for receiving reports regarding acts of domestic violence. It is required to meet the following criteria:
- The Hotline shall be in the form of a short phone number with 3 digits to receive and handle notifications and denunciations of domestic violence.
- The Hotline shall be operated 24/7 to receive notifications and denunciations
- The Hotline shall automatically record and pay the telecommunications fees for every incoming and outgoing call
- The Hotline may advertise its phone number
Decree 76/2023/ND-CP takes effect from December 25, 2023
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