09 Domestic violence acts performed by divorced people from December 25, 2023 under the law in Vietnam

09 Domestic violence acts performed by divorced people from December 25, 2023 under the law in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

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.

09 Domestic violence acts performed by divorced people under the law in Vietnam

Specifically, Article 2 of Decree 76/2023/ND-CP regulates domestic violence acts performed by divorced people as follows:

- 03 Performing acts specified in Points a, b, c and k Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence 2022.

(1) Torturing, ill-treating, beating, and threatening or acts of intentionally violating the health and lives of others;

(2) Insulting, nagging, or other acts of intentionally insulting the honor and dignity of others;

(3) Forcing people or animals to witness violence to put constant psychological pressure;

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

Along with the following 05 behaviors:

(5) Illegally forcing others to leave their legal residence.

(6) Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;

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

(8) 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;

(9) Obstructing marriage.

Principle of prevention and combat against domestic violence in Vietnam

Principle of prevention and combat against domestic violence in Vietnam specified in Article 4 of the Law on Prevention and Combat against Domestic Violence 2022, specifically as follows:

- Make prevention the main focus, taking the domestic violence victim as the center.

- Respect and protect legal rights and benefits of relevant people; ensure the best benefits of children; prioritize the protection of legal rights and benefits of domestic violence victims who are pregnant women, women who are raising children under 36 months old, the elderly, disabled people, and people who are unable to take care of themselves; perform gender equality.

- Focus on activities of disseminating, educating, counseling, and mediating in preventing and combating domestic violence.

- Promptly detect and prevent and strictly handle violations against laws on prevention and combat against domestic violence as prescribed by law. If the domestic violence victims are children, during the handling process, there must be the participation of the representatives of state management agencies of children or people who are assigned to protect children.

- Increase the responsibilities of agencies, organizations, and heads; focus on inter-sectoral cooperation in preventing and combating domestic violence.  

- Promote the role and responsibilities of individuals, families, and communities.  

- Perform the responsibility to set an example in preventing and combating domestic violence regarding officials, public employees, and people of the people’s armed forces.

Prohibited acts in preventing and combating domestic violence in Vietnam

According to Article 5 of the Law on Prevention and Combat against Domestic Violence 2022, prohibited acts in preventing and combating domestic violence   include:

- 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.

More details can be found in Decree 76/2023/ND-CP taking effect on December 25, 2023.

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