Regulations on mediation in domestic violence prevention and combat in Vietnam

Regulations on mediation in domestic violence prevention and combat in Vietnam (Internet image) 

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

1. Regulations on mediation in domestic violence prevention and combat in Vietnam

According to Article 17 of the Law on prevention and combat against domestic violence 2022, regulations on mediation in domestic violence prevention and combat in Vietnam are as follows:

- Mediation in domestic violence prevention and combat means that the mediator guides parties to voluntarily settle their conflicts and disputes among family members to prevent the generation or reoccurrence of domestic violence acts.

Mediation in domestic violence prevention and combat does not replace measures to handle perpetrators.

- Mediation in domestic violence prevention and combat shall satisfy the following principles:

+ Being proactive, timely, and persistent;

+ Respecting the voluntary of parties and the safety of domestic violence victims;

+ Being objective, equal, reasonable, sympathetic, and in accordance with regulations of the law and fine traditions of the Vietnamese nation;

+ Ensuring the confidentiality of information on the personal lives of family members involved in the mediation;

+ Respecting legal rights and benefits of others; not infringing on the benefits of the State and the community.

2. Mediators in domestic violence prevention and combat in Vietnam

Article 18 of the Law on prevention and combat against domestic violence 2022 stipulates the mediators in domestic violence prevention and combat in Vietnam as follows:

- Family and clan members shall mediate conflicts and disputes to prevent domestic violence acts from generating or reoccurring.

In necessary cases, it is possible to invite religious dignitaries, village elders, village chiefs, reputable people in the residential community, relatives, people in agencies or organizations of people who have conflicts and disputes, people who are trained or experienced in social work, psychology, and people who are experienced in domestic violence prevention and combat to participate in the mediation.

- Agencies and organizations shall organize the mediation of conflicts and disputes between people of such agencies and organizations and their family members upon receiving requests from family members; in case of necessity, cooperate with local agencies or organizations in the mediation.

- Mediation teams at the grassroots level shall mediate conflicts, disputes, and legal violations against domestic violence prevention and combat laws according to the Law on Grassroots Mediation.

- The People’s Committees of communes shall take charge and cooperate with Vietnamese Fatherland Front Committees at the same level and other organizations and individuals in guiding and providing advanced training in skills and knowledge of domestic violence prevention and combat for mediators of mediation teams at the grassroots level.

3. Subjects of domestic violence prevention and combat counseling in Vietnam

According to Clause 2, Article 16 of the Law on prevention and combat against domestic violence 2022, subjects of domestic violence prevention and combat counseling in Vietnam include:

- Domestic violence victims; 

- Perpetrators;

- Children, pregnant women, women raising children under 36 months old, the elderly, disabled people, people who are unable to take care of themselves, and people living in ethnic minority areas, mountainous areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions;  

- People who regularly have acts of promoting violence, stigma, and discrimination on gender, sexuality, and gender stereotypes;

- People who are going to get married.

To Quoc Trinh

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