Act of parents posting the information on personal life of their children can also be considered as domestic violence in Vietnam

1. Are parents allowed to post their children's private information on social networks?

According to Point h, Clause 1, Article 3 of the Law on Prevention and Combat against Domestic Violence 2022, the act of disclosing or spreading information on personal life, secrets, and family secrets of other family members to insult their honor and dignity is also considered as one of the acts of domestic violence. (This is also a new point compared to the current regulations in the Law on Prevention and Combat against Domestic Violence 2007)

Act of parents posting the information on personal life of their children can also be considered as domestic violence in Vietnam (Internet image)

2. Measures to prevent domestic violence acts Vietnam 

According to Article 22 of the Law on Prevention and Combat against Domestic Violence 2022, measures to prevent domestic violence acts and protect and support domestic violence victims include:

- Forcing an end to domestic violence acts;  

- Requesting the person committing the domestic violence act to come to the police office of the commune where the domestic violence act occurs;

- Imposing protective orders;

- Arranging shelters and providing support for essential needs;

- Providing care and treatment for domestic violence victims;

- Providing legal aid, psychological counseling, and training in skills in responding to domestic violence;

- Providing domestic violence education and control; 

- Providing suggestions and criticizing perpetrators in the residential community;

- Performing work that serves the community;

- Performing measures to prevent and ensure the handling of administrative violations following laws on handling administrative violations; measures to prevent and protect victims according to laws on criminal procedures regarding perpetrators.

3. Addresses that receive notifications and denunciations of domestic violence acts in Vietnam

According to Article 19 of the Law on Prevention and Combat against Domestic Violence 2022, addresses that receive notifications and denunciations of domestic violence acts: include:

- 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.  

 Submission of notifications and denunciations of domestic violence acts to addresses prescribed in Clause 1 of this Clause shall be performed under the following forms:

- Calls or messages;

- Letters or applications;

- Direct notification.

4. Handling of notifications and denunciations of domestic violence acts in Vietnam

Pursuant to Article 20 of the Law on Prevention and Combat against Domestic Violence 2022, the handling of notifications and denunciations of domestic violence acts shall be as follows:

- Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur shall, upon receiving notifications or denunciations, promptly prevent and handle domestic violence acts within their scope of entitlements while notifying Chairmen of the People’s Committees of communes where domestic violence acts occur.  

- Organizations and individuals prescribed in Points c, d, dd, and e Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence 2022 shall, upon receiving notifications or denunciations of domestic violence acts, immediately provide notifications for Chairmen of the People’s Committees of communes where domestic violence acts occur and prevent such acts within their capability.

- Chairmen of the People’s Committees of communes shall handle or assign the handling immediately after receiving notifications and denunciations of domestic violence acts or reports on domestic violence acts from organizations and individuals prescribed in Clause 1 and Clause 2 of Article 20 of the Law on Prevention and Combat against Domestic Violence 2022, except for cases prescribed in Clause 4 of Article 20 of the Law on Prevention and Combat against Domestic Violence 2022.

If subjects of notifications or denunciations of domestic violence acts are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, and people who are unable to take care of themselves or the domestic violence acts have caused or can potentially endanger the health and life of the victims, Chairmen of the People’s Committees of communes shall assign the Police Force of communes, wards, or towns (hereinafter referred to as “Commune-Level Police Force) to handle such matter.

- In case of notifications or denunciations of criminals, the receipt and handling of notifications and denunciations shall comply with laws on criminal procedures.  

- The procedure for receiving and handling notifications and denunciations of domestic violence acts shall comply with regulations of the Government of Vietnam.

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

Nhu Mai

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