Vietnam: What are the domestic violence acts performed by parents, stepchildren, or siblings of divorced people or cohabiting couples?
- What are the domestic violence acts performed by parents, stepchildren, or siblings of divorced people or cohabiting couples in Vietnam?
- What are the prohibited acts in preventing and combating domestic violence in Vietnam?
- What are the addresses that receive notifications and denunciations of domestic violence acts and the procedures for handling the received notifications and denunciations?
What are the domestic violence acts performed by parents, stepchildren, or siblings of divorced people or cohabiting couples in Vietnam?
Under the provisions of Article 4 of Decree 76/2023/ND-CP, the domestic violence acts performed by parents, stepchildren, or siblings of divorced people or cohabiting couples in Vietnam are specified as follows:
- 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;
- 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;
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What are the prohibited acts in preventing and combating domestic violence in Vietnam?
Under the provisions of Article 5 of the Law on Prevention and Combat against Domestic Violence 2022, the prohibited acts in preventing and combating domestic violence in Vietnam are specified as follows:
- Domestic violence acts prescribed in Article 3 of this Law.
- Inciting, enticing, seducing, assisting, or forcing others to commit domestic violence acts.
- Using and disseminating information, documents, images, and audio to incite domestic violence.
- Revenging or threatening vengeance on people who help domestic violence victims and people who detect, notify, denounce, and prevent domestic violence acts.
- Obstructing the detection, notification, denunciation, prevention, and handling of domestic violence acts.
- Taking advantage of the prevention and combat against domestic violence to commit illegal acts.
- Tolerating, covering up, and failing to handle domestic violence acts in contravention of the law.
What are the addresses that receive notifications and denunciations of domestic violence acts and the procedures for handling the received notifications and denunciations?
Under 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 in Vietnam, except for the National Hotline, are specified as follows:
- 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
Besides, the submission of notifications and denunciations of domestic violence acts shall be performed under the following forms:
- Calls or messages;
- Letters or applications;
- Direct notification.
Based on the provisions of Article 10 of Decree 76/2023/ND-CP, the procedures for receiving and handling notifications and denunciations of domestic violence are specified 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 Combat against Domestic Violence:
+ 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 this Decree 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 this Decree.
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:
- 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's 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 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 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.
Decree 76/2023/ND-CP will take effect from December 25, 2023.
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