Vietnam: Is the act of forcing family member study too hard considered as domestic violence?

Hello, Lawnet would like to answer your questions as follows:

1. What acts are considered domestic violence in Vietnam?

The National Assembly of Vietnam has just promulgated the Law on Prevention and Combat against Domestic Violence 2022.

In particular, the act of forcing family members to study too hard is considered domestic violence.

In addition, compared with the current law, the Law on Prevention and Combat against Domestic Violence 2022 also stipulates a number of domestic violence acts, such as:

-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;

- Ignoring, deserting, not nurturing, or taking care of family members who are children, pregnant women, women who are raising children under 36 months old, the elderly, disabled people, or people who are unable to take care of themselves; not educating family members who are children;

- Discriminating against family members’ body, gender, sexuality, and capability;

- Preventing family members from meeting their family members, having legal, healthy social relationships, or committing acts of isolating and putting constant psychological pressure;

- Preventing the performance of rights and obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between husband and wife; between brothers and sisters;

- Disclosing or spreading information on personal life, secrets, and family secrets of other family members to insult their honor and dignity;

- Forcing sexual intercourse against the will of the wife or husband;

- Forcing performance of erotic acts; forcing other family members to listen to, view, and read pornographic audio, images, and contents, inciting violence;

- Imposing forced child marriage, marriage, and divorce or preventing marriage or divorce illegally;

- Forcing pregnancy, abortion, and fetal sex selection;

- Appropriating or vandalizing the general property of the family or personal property of other family members;

- Forcing family members to overwork, over-study, or make financial contributions more than they can afford;

- Controlling property and income of family members to create a state of physical, mental dependence, or other aspects;

- Isolating or holding family members in custody;

- Forcing family members to leave their legal residence illegally.

Note: The acts prescribed in Clause 1 of this Article performed between divorced people; people who live together like husband and wife; people who are parents, stepchildren, brothers, or sisters of the divorced people or people who live together like husband and wife; people who have had a relationship of adoptive parents and adopted children with each other are also id

2. What are the use of audio and images of domestic violence acts in Vietnam?

According to Article 21 of the Law on Prevention and Combat against Domestic Violence 2022 stipulates:

People who have audio or images of domestic violence acts may provide them to agencies, organizations, and individuals competent to handle domestic violence cases.

.he use of audio and images of domestic violence acts during the handling of domestic violence cases and the publication of them on mass media or the internet shall be agreed on by domestic violence victims or guardians or legal representatives of domestic violence victims, unless otherwise prescribed by law.

In addition, the new law also amends Article 135 of the Civil Procedure Code 2015 on courts make decisions on application of provisional emergency measures by themselves as follows:

"Courts shall make decisions on application of provisional emergency measures specified in Clauses 1, 2, 3, 4, 5, and 14 of Article 114 of this Code by themselves in cases where the involved parties do not petition the application of provisional emergency measures.".

Thus, the Court itself  shall make decisions on application of provisional emergency measures of banning contact with domestic violence victims in cases where the involved parties do not petition the application of provisional emergency measures.

The Law on Prevention and Combat against Domestic Violence 2022 takes effect on July 1, 2023.

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