Chương 2 Luật phòng, chống bạo lực gia đình 2007: Phòng ngừa bạo lực gia đình

Chapter II

PREVENTION OF DOMESTIC VIOLENCE

Part 1. INFORMATION AND COMMUNICATION ON DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 9. Objectives and requirements of information and communication on domestic violence prevention and control

1. Information and communication on domestic violence prevention and control, are meant to change perception and behaviour related to domestic violence acts in order to gradually eliminate domestic violence as well as to raise awareness of good traditions and morality of the Vietnamese people and families.

2. Information and communication on domestic violence prevention and control  must meet the following requirements:

1.   Accurate, specific, simple and realistic;

2.   Suitable to specific cases, qualification, age, gender, tradition, culture, religion and ethnic identity;

3.   No impact on the gender equality, pride and honour of the victims and other family members.

Article 10. Contents of information and communication on domestic violence prevention and control  

1. Policies and laws on domestic violence prevention and control, gender equality, rights and obligations of family members.

2. Good traditions and moral standards of the Vietnamese people and families

3.  Negative impacts of domestic violence.

4. Measures, models and experiences in domestic violence prevention and control.

5. Knowledge of marriage and family issues; behavioural skills, cultural  family building.

6. Other elements related to domestic violence prevention and control.

Article 11. Forms of information and communication on domestic violence prevention and control  

1.   Direct implementation

2.   Through the mass media

3.   Mainstreaming this issue into the teaching and learning programmes at training institutions of the national education system.

4.   Through art, literature and community life or other popular cutural activities.

Part 2. RECONCILIATION OF CONFLICTS AND DISPUTES AMONG FAMILY MEMBERS

Article 12. Principles of reconciliating conflicts and disputes among family members

1. Timely, proactive and patient;

2. In harmony with the policy of the Communist Party, the Law of the State, the social morality and the good customs and practices of the people;

3. Respect for the free will of all conflicting parties to come to reconsiliation;

4. Impartiality, fairness, sensibility and sentiment;

5. Maintaining one’s privacy;

6. Respect for the rights and legitimate interests of other people; no encroachment on the State and public interests.

7. No reconciliation of conflicts and disputes among family members stipulated in Articles 14 and 15 of this Law, in the following cases:

a) Incidents of criminal nature, unless the victims request for an exemption from  Criminal proceeding

b) Violations of  Administrative laws subject to civil fines.

Article 13. Reconciliation of conflicts and disputes by the family and clan

The family shall be reponsible for timely discovering and reconciliating  conflicts and disputes among family members.

In the case that the family cannot reconcile or at the request of any family member, the  head or the prestigious person in the clan or  the prestigious person in the comminity shall actively conduct the reconciliation.

Article 14. Reconciliation of conflicts and disputes by an institution/organization

Institutions/organizations shall be responsible for conducting reconciliation of conflicts and disputes between their employees and their family members at the family members’ request. if necessary, they shall cooperate with their local counterparts in  conducting reconciliation.

Article 15. Reconciliation of conflicts and disputes by the grassroots reconciling teams

1. The grassroots reconciling team shall conduct reconciliation of conflicts and disputes among family members in accordance with legislation on reconciliation at the grassroots level .

2. The People’s Committees of communes, wards and townships (referred to as Commune People’s Committee) shall be responsible for cooperating with the Committee of Viet Nam Fatherland Front at the same level and its members in giving guidance, assistance and good conditions to the grassroots reconciling teams to reconcile conflicts and disputes among family members.

Part 3. COUNSELLING, COMMENTS AND CRITICISM OF COMMUNITIES ON DOMESTIC VIOLENCE PREVENTION

Article 16. Counselling about family issues at the grassroots level

1. The State shall facilitate and encourage organizations and individuals to provide counselling services on family issues at the grassroots level to help local inhabitants prevent and fight domestic violence.

2. Counselling on family issues at the grassroots level shall include the following:

a) Provision of information, knowledge, laws and regulations about marriage, family and domestic violence prevention and control;

b) Guidance on behavioural skills in the family and on dealing with conflicts and disputes among family members.

3. Counselling on family issues shall target at the following cases:

a) Persons committing domestic violence acts;

b) Victims of domestic violence;

c) Alcholic and drug addicts, gamblers;

d) Fiancees and fiances.

4. The commune People’s Committee shall play the lead role and collaborate  with the Committee of Viet Nam Fatherland Front at the same level and its members in providing counselling services on family issues.

Article 17. Comments and criticizm of communities

1. Comments and criticizm of a community shall be targeted at persons aged 16 and above committing family violence acts and continuing to do so after reconciliation by the grassroots reconciliation teams.

2. The head of a village, hamlet, township or group of local inhabitants or a head of a similar body (refered to following  as community leader) shall decide and organize communal meetings to collect comments and criticism of community. The participants in such events shall include family reprentatives, nextdoor neighbours and other concerned people shall be invited by the community leader.

3. The commune People’s Committee shall be responsible for supporting the community leader in organizing communal meetings to collect comments and criticism of the community on the person(s) committing domestic violence.