Vietnam: Domestic violence acts performed by cohabiting couples

Vietnam: Domestic violence acts performed by cohabiting couples
Duong Chau Thanh

On November 1, 2023, the Government issued Decree 76/2023/ND-CP instructions Law on Prevention and Combat against of Domestic Violence, in which domestic violence acts performed by cohabiting couples are stipulated.

Domestic violence acts performed by cohabiting couples 

Specifically, domestic violence acts performed by cohabiting couples include:

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

2. Forcing sexual intercourse against the will of others;

3. Isolating or holding others in custody.

4. Illegally forcing others to leave their legal residence.

5. Discriminating against others’ body, gender, sexuality, and capability.

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. Neglecting and deserting others.

10. Forcing or obstructing marriage.

11. Forcing family others to overwork, over-study, or make financial contributions more than they can afford; controlling property and income of others to create a state of physical or mental dependence.

The Law on Prevention and Combat against Domestic Violence 2022 defines: Domestic violence means an intentional act of a family member causing or potentially causing physical, mental, sexual, or economic harm to other family members. 

Responsibilities of the People’s Committees of provinces in domestic violence prevention in Vietnam

- Carry out local implementation based on the functions and tasks assigned in the Law on Prevention and Combat against Domestic Violence 2022 and Decree 76/2023/ND-CP;

- Issue programs, plans, projects, and schemes for domestic violence prevention and combat; allocate resources for the implementation of tasks of domestic violence prevention and combat;

- Direct People’s Committees of districts and communes to prioritize resources for the implementation of tasks of domestic violence prevention and combat in their areas and the development of trusted addresses in communities;

- Develop staff of population collaborators participating in domestic violence prevention and combat; organize advanced training and updates on knowledge and skills in preventing and combating domestic violence for reporters and counselors under their management;

- Create favorable conditions for other facilities participating in domestic violence prevention and combat and facilities providing domestic violence prevention and combat support services to operate in their areas;

- Promptly provide commendations within their jurisdiction or request competent authorities to commend collectives and individuals in domestic violence prevention and combat.

- Take responsibility for local domestic violence prevention and combat (applicable to Presidents of Provincial People's Committees).

Decree 76/2023/ND-CP takes effect on December 25, 2023.

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