Chương 1 Luật phòng, chống bạo lực gia đình 2007: Những quy định chung

Chapter 1

GENERAL PROVISION

Article 1. Scope of Regulation

1. This Law regulates the prevention and control of domestic violence, protecting and assisting the victims of domestic violence; the responsibilities of individuals, families, organizations, institutions in domestic violence prevention and control and dealing with the breach of the Law on Domestic Violence Prevention and Cotrol.

2. Domestic violence is defined as purposeful acts of certain family members that cause or may possibly cause physical, mental or economic injuries to other family members.

Article 2. Domestic violence acts

1. The acts of domestic violence consist of:

a) Corporal beating, ill-treating, torturing or other purposeful acts causing injuries to one’s health and life;

b)  Insulting or other intended acts meant to offend one’s human pride, honour and dignity;

c) Isolating, shunning or creating constant psychological pressure on other family members, causing serious consequences;

d) Preventing the exercise of the legal rights and obligations in the relationship between grandparents and grand children, between parents and children, between husbands and wives as well as among brothers and sisters.

e) Forced sex;

f) Forced child marriage; forced marriage or divorce and obstruction to freewill and progressive marriage

g) Appropriating, demolishing, destroying or other purposeful acts to damage the private properties of other family members, or the shared properties of family members;

h) Forcing other family members to overwork or to contribute more earning than they can afford; controlling other family members’ incomes to make them financially dependent;

i) Conducting unlawful acts to turn other family members out of their domicile.

2. The violent acts stipulated in paragragh 1 of this Article shall also be applicable to family members in cases of divorcees or living together as husband and wife without marriage registration.

Article 3. Principles of domestic violence prevention and control

1. Taking combined and integrated measures to prevent and fight domestic violence with preventive measures as key and special attention paid to communication and education on family values, counselling and reconciliation in line with the fine   traditional and cultural practices of Viet Nam.

2. Domestic violence acts must be timely discovered, stopped and dealt with in accordance with laws.

3. Victims of domestic violence must be timely protected and assisted in accordance with their actual conditions and situation, and the national socio-economic situation; giving priority in protecting the legal rights and benefits of children, elderly people, disabled people and women.

4. Promoting the role and responsibility of individuals, families, communities, institutions and organizations in preventing and controling domestic violence.

Article 4. Obligations of persons committing domestic violence

1. Respecting lawful community interference, stopping immediately violent acts against family members.

2. Complying with decisions of the authorized institutions and organizations.

3. Timely sending the victims for first aid and medical treatments; taking care of the victims of domestic violence unless  the victims refuse these offers.

4. Compensating for the damages and losses caused to the domestic violence victims when required in accordance with the Law.

Article 5. Rights and obligations of domestic violence victims

1. Victims of  domestic violence shall have the following rights:

a) To request the authorized institutions, organizations and individuals to protect their lives, dignity and other rights and legitimate benefits

b) To request the authorized institutions and individuals to apply measures to prevent, protect and  forbid contact as stipulated by this Law.

c) To be provided with medical services as well as psychological and legal advice;

d) To be provided with temporary domicile which shall be kept confidential as well as with other information that is regulated by this Law;

e) Other rights stipulated by laws.

2. Victims shall be obliged to provide information relating to the domestic violence to the authorized individuals, institutions and organizations when required

Article 6. State policies on domestic violence prevention and control

The State shall allocate an appropriate budget for domestic violence prevention and control activities.

2. Encouraging institutions/organizations and individuals to provide financial  support for domestic violence prevention and control; developing the domestic violence prevention models and assisting the victims.

3. Encouraging research and production of literature and art works on the domestic violence prevention and control.

4. Organizing and assisting the training of officials involved in domestic violence prvention and control.

5. Persons directly involved in the fight against domestic violence shall be rewarded for their good contributions and given proper entitlements in accordance with laws in return to resulting losses/damages to their health, lives and properties.

Article 7. International cooperation in domestic violence prevention and control

1. The State encourages international cooperation in domestic violence prevention and control on the basis of equality, respect for sovereignty and compliance with  national and international laws.

2. International cooperation activities include:

a) Developing and implementing programes/projects and activities to prevent and fight domestic violence;

b) Joining international organizations; signing, acceeding to and implementing the related international treaties and agreements on domestic violence prevention and control;

c) Exchanging information and experiences in domestic violence prevention and control.

Article 8. Acts strictly forbidden

1. Domestic violence acts defined in Article 2 of this Law.

2. Forcing, provoking, urging and enabling other persons to commit domestic violence acts

3. Using and diffusing information, images and sounds to provoke domestic violence acts

4. Revenging or threatening to revenge the people who help the victims of domestic violence, discover, report and prevent the domestic violence acts.

5. Obstructing the discovery, reporting and settlement of domestic violence acts.

6. Making use of domestic violence prevention and control to make profits or to carry out other illegal activities.

7. Complicity, covering up, avoiding settlement and mis-settlement of domestic violence acts and non-compliance with the Law.