Vietnam: Can the person reporting or denouncing domestic violence be eligible for protection of personal information by the receiving agency?
- Can reporters or denouncers be eligible for protection of personal information by the receiving agency?
- What is the penalty imposed upon a counselor who intentionally discloses personal information of victims of domestic violence without the consent?
- Do the domestic violence victims have the right to keep personal and family secrets?
Can reporters or denouncers be eligible for protection of personal information by the receiving agency?
Pursuant to Article 12 of the 2022 Law on Prevention and Combat Against Domestic Violence in Vietnam stipulating as follows:
Rights and responsibilities of individuals in domestic violence prevention and combat
1. Receive commendations upon achievements in domestic violence prevention and combat according to emulation and commendation laws; receive protection and confidentiality of personal information when notifying or denouncing domestic violence acts; receive support from the State to compensate for damage to health, life, and property when participating in domestic violence prevention and combat as prescribed by the Government of Vietnam.
2. Upon detecting domestic violence acts, individuals shall:
a) Provide notifications and denunciations of such behaviors for competent agencies, organizations, or individuals as prescribed in Clause 1 Article 19 of this Law;
b) Participate in protecting and supporting domestic violence victims and domestic violence prevention and combat activities in the community.
Thus, the person reporting or denouncing domestic violence shall be eligible for protection of personal information.
At the same time, based on Article 34 of the 2022 Law on Prevention and Combat Against Domestic Violence in Vietnam stipulating as follows:
Protection of persons engaging in the prevention and combat against domestic violence and persons providing notifications or denunciations of domestic violence
1. Chairmen of the People’s Committees of communes shall adopt measures to protect persons directly engaging in the prevention and combat against domestic violence and persons providing notifications or denunciations of domestic violence.
2. Agencies, organizations, and individuals that receive notifications or denunciations of domestic violence shall protect the confidentiality of the personal information of persons providing notifications or denunciations.
Thus, when reporting and denouncing domestic violence acts at competent agencies and individuals, agencies, organizations and individuals receiving information or denunciations are responsible for protecting personal information of reporters or denouncers.
Vietnam: Can the person reporting or denouncing domestic violence be eligible for protection of personal information by the receiving agency?
What is the penalty imposed upon a counselor who intentionally discloses personal information of victims of domestic violence without the consent?
Pursuant to Article 64 of Decree No. 144/2021/ND-CP stipulating as follows:
Violations against regulations on disclosing information on victim of domestic violence
A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed on medical personnel or counselors against regulations on prevention of domestic violence having one of the following acts:
1. Disclosing personal information of victims of domestic violence without the consent of the victim or the victim's guardian affecting honor, dignity and reputation of the victim.
2. Deliberately disclosing or creating the conditions for the person committing acts of violence knows the shelter of victims of domestic violence.
Thus, when intentionally disclosing personal information of victims of domestic violence without the consent of the victim or the victim's guardian affecting honor, dignity and reputation of the victim, then the subject who commits the act may be fined from VND 3,000,000 to VND 5,000,000.
Note: This fine is imposed upon individuals, in case the violator is an organization, this fine is double.
Do the domestic violence victims have the right to keep personal and family secrets?
Pursuant to Article 9 of the 2022 Law on Prevention and Combat Against Domestic Violence in Vietnam stipulating as follows:
Rights and responsibilities of domestic violence victims
1. Domestic violence victims may:
a) Request competent agencies, organizations, or individuals to protect their health, life, honor, dignity, and legal rights and benefits related to domestic violence acts;
b) Request competent agencies or individuals to apply measures to prevent, protect, and support as prescribed by this Law;
c) Receive allocation of shelters and confidentiality of such shelters and information on personal life, personal secrets, and family secrets according to this Law and other regulations of relevant laws;
d) Receive medical services, psychological counseling, and training in skills in responding to domestic violence, legal aid, and social support as prescribed by law;
dd) Request perpetrators to remedy consequences and compensate for damage to their health, honor, dignity, and property;
e) Receive information on relevant rights and obligations during the settlement of conflicts and disputes among family members or the handling of domestic violence acts;
g) Complain, denounce, and file a lawsuit against acts that violate domestic violence prevention and combat laws;
h) Other rights according to laws related to domestic violence prevention and combat.
2. Domestic violence victims, guardians, or legal representatives of domestic violence victims shall adequately, accurately, and promptly provide information on domestic violence acts upon requests of competent agencies, organizations, or individuals.
Thus, the person experiencing domestic violence has the right to keep personal and family secrets
Any act of intentionally disclosing personal information of domestic violence victims without the consent of the parties involved is considered a violation of the law.
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