Vietnam: When will the perpetrators committing domestic violence be provided with feedback and criticism? Who will participate in providing feedback and criticism for perpetrators?
- When will the perpetrators committing domestic violence be provided with feedback and criticism?
- Who will participate in providing feedback and criticism for perpetrators?
- What are the contents of feedback and criticism?
- In which case is the perpetrator committing domestic violence not required to apply the measures to provide feedback and criticism in residential communities?
When will the perpetrators committing domestic violence be provided with feedback and criticism?
Pursuant to Clause 1, Article 32 of the 2022 Law on Prevention and Combat against Domestic Violence in Vietnam stipulating as follows:
Feedback and criticism of perpetrators in residential communities
1. Measures to provide feedback and criticism for perpetrators in residential communities shall be taken against people of at least 18 years old in the following cases:
a) Committing acts of domestic violence 2 times or more within 12 months but not to the extent of receiving fines or the application of administrative handling measures;
b) Continuing to commit acts of domestic violence after receiving fines for administrative violations for committing acts of domestic violence.
Thus, measures to provide feedback and criticism for perpetrators in residential communities shall be taken against people of at least 18 years old in the following cases:
- Committing acts of domestic violence 2 times or more within 12 months but not to the extent of receiving fines or the application of administrative handling measures;
- Continuing to commit acts of domestic violence after receiving fines for administrative violations for committing acts of domestic violence.
Vietnam: When will the perpetrators committing domestic violence be provided with feedback and criticism? Who will participate in providing feedback and criticism for perpetrators?
Who will participate in providing feedback and criticism for perpetrators?
Pursuant to Clause 2, Article 32 of the 2022 Law on Prevention and Combat against Domestic Violence in Vietnam stipulating as follows:
Feedback and criticism of perpetrators in residential communities
…
2. Village Heads and Heads of Sub-Quarters shall take charge and cooperate with Heads of Vietnamese Fatherland Front Departments in residential areas in organizing the feedback and criticism activities of perpetrators in residential communities. The participants of the mentioned activities include:
a) Perpetrators;
b) Representatives of families;
c) Representatives of Commune-Level Police Forces;
d) Representatives of socio-political organizations of communes where there are perpetrators or domestic violence victims who are members;
dd) Other participants invited by Village Heads or Heads of Sub-Quarters.
Thus, Village Heads and Heads of Sub-Quarters shall take charge and cooperate with Heads of Vietnamese Fatherland Front Departments in residential areas in organizing the feedback and criticism activities of perpetrators in residential communities.
The participants of the mentioned activities include:
- Perpetrators;
- Representatives of families;
- Representatives of Commune-Level Police Forces;
- Representatives of socio-political organizations of communes where there are perpetrators or domestic violence victims who are members;
- Other participants invited by Village Heads or Heads of Sub-Quarters.
What are the contents of feedback and criticism?
Pursuant to Clause 3, Article 32 of the 2022 Law on Prevention and Combat against Domestic Violence in Vietnam, the contents of feedback and criticism include:
- Feedback and criticism of perpetrators;
- Provision of regulations of laws on prevention and combat against domestic violence;
- Request for perpetrators to commit to not repeating acts of domestic violence.
In which case is the perpetrator committing domestic violence not required to apply the measures to provide feedback and criticism in residential communities?
Pursuant to Clause 6, Article 32 of the 2022 Law on Prevention and Combat against Domestic Violence in Vietnam stipulating as follows:
Feedback and criticism of perpetrators in residential communities
…
6. In case perpetrators prescribed in Clause 1 of this Article volunteer to perform community services prescribed in Article 33 of this Law, measures to provide feedback and criticism in residential communities shall not be applied.
Pursuant to Article 33 of the 2022 Law on Prevention and Combat against Domestic Violence in Vietnam stipulating as follows:
Performance of community services
1. Community services mean small-scale work directly serving the benefits of communities in areas where perpetrators reside, including:
a) Participating in growing and caring for green trees in public areas; fixing and cleaning village streets, neighborhood alleys, streets, alleys, cultural houses, community houses, or other public works;
b) Participating in other work to improve the living environment and scenery of the community.
2. The list of work prescribed in Clause 1 of this Article shall be recognized by Chairmen of the People’s Committees of communes based on the discussion and decision of residential communities following laws on grassroots democracy implementation.
3. Chairmen of the People’s Committees of communes where perpetrators reside shall issue decisions and organize perpetrators to perform community services.
Thus, according to the above provisions, in case the person committing acts of domestic violence voluntarily performs community services, the measures to provide feedback and criticism in residential communities will not be applied.
Community services mean small-scale work directly serving the benefits of communities in areas where perpetrators reside, including:
- Participating in growing and caring for green trees in public areas; fixing and cleaning village streets, neighborhood alleys, streets, alleys, cultural houses, community houses, or other public works;
- Participating in other work to improve the living environment and scenery of the community.
The 2022 Law on Prevention and Combat against Domestic Violence in Vietnam takes effect from July 1, 2023.
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