Commune-Level Police Force allowed to use combat gears to bring people committing domestic violence act to headquarters in Vietnam

Commune-Level Police Force allowed to use combat gears to bring people committing domestic violence act to headquarters in Vietnam (Internet image)

The National Assembly approved the Law on Prevention and Combat against Domestic Violence 2022 on November 14, 2022.

1. What is domestic violence?

According to Clause 1, Article 2 of the Law on Prevention and Combat against Domestic Violence 2022, domestic violence means an intentional act of a family member causing or potentially causing physical, mental, sexual, or economic harm to other family members. 

2. Commune-Level Police Force allowed to use combat gears to bring people committing domestic violence act to headquarters in Vietnam

According to Article 24 of the Law on Prevention and Combat against Domestic Violence 2022, the request for perpetrators to come to the Police Office of the commune where the domestic violence acts occur in Vietnam is as follows:

- When assigned to handle cases, the Head of the Commune-Level Police Force may request perpetrators to come to the Police Office of the area where domestic violence acts occur to clarify information and handle cases if:

+ Domestic violence victims are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, or people who are unable to take care of themselves;

+ There are grounds to believe that domestic violence acts have endangered or may continue to endanger the health and life of domestic violence victims.

- The request for perpetrators to come to the Police Office of the commune shall be made in writing and witnessed by people in the residential community.

Thus, in case perpetrators refuse to comply with the request, the Commune-Level Police Force may use combat gears according to the law to bring such people to the Police Office of the commune.

3. Domestic violence acts in Vietnam under the Law on Prevention and Combat against Domestic Violence 2022

Domestic violence acts under Article 3 of the Law on Prevention and Combat against Domestic Violence 2022 are 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;

- 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.

The Law on Prevention and Combat against Domestic Violence 2022 takes effect from July 1, 2023, replacing the Law on Prevention and Combat against Domestic Violence 2007.

Quoc Dat

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