Vietnam: 07 measures to protect and provide legal aid for domestic violence victims

Vietnam: 07 measures to protect and provide legal aid for domestic violence victims (Illustrative Image)

Article 12 of Circular 11/2014/TT-BTP specifies taking measures to protect and provide legal aid for domestic violence victims for legally aided persons in Vietnam, including mothers, female children, domestic violence victims, victims of human trafficking, and victims of sexual abuse.

When legally aided persons who are mothers, female children, domestic violence victims, victims of human trafficking, and victims of sexual abuse request legal aid, the legal aid-providing organizations and legal aid-providing persons shall proceed with the following actions:

1. If the legally aided person requires a private consultation and does not want a third party to hear their statement, the legal aid-providing person is responsible for arranging an appropriate consultation location, facilitating them to present and provide information and documents about the case;
2. Inform them about their rights to legal protection, without judgment, blame, pressure, fear, or psychological harm;
3. Encourage and explain to the legally aided person to provide information about the case to best protect their legal rights and interests;
4. Provide legal advice, explain rights and obligations, ensure confidentiality about the legal aid case as stipulated by law; guide the legally aided persons to access assistance and support facilities; guide or suggest applying measures to protect and support the victims as stipulated by law;
5. In cases where the legally aided person legal advice to prevent re-trafficking or legal aid to register household, and civil status, receive support policies, claim compensation for damages, participate in legal proceedings, and other legal procedures related to the human trafficking case, appoint a legal aid-providing person to help them;
6. Propose to authorities to apply safety protection measures for the legally aided person and their relatives; guide or propose to authorities to apply or revoke protection measures, negotiate, or mediate to best protect their legal rights and interests;
7. Support and assist the legally aided person to stabilize mentally; in necessary cases, request the Court to appoint a support person at the Court to help the victim testify, and avoid contact between the victim and the violator in situations where the victim is agitated or threatened about their honor and life.

Additionally, the legal aid-providing persons are responsible for providing addresses and information about support from the police, local government, associations, organizations, victim support facilities, and other social services for the legally aided person when needed.

When discovering that the legally aided person is a victim of domestic violence, human trafficking, or sexual abuse, the legal aid-providing organizations shall inform and cooperate with victim support facilities to implement support, protection, and assistance measures according to law.

During the process of providing legal aid to domestic violence victims, human trafficking, and sexual abuse, if signs of legal violations are found, the legal aid-providing organizations shall transfer the case to the competent authority for handling or request the police to take supportive measures to ensure the victim's safety.

More details may be found in Circular 11/2014/TT-BTP which takes effect from July 1, 2014.

Ty Na

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