Chương 3 Luật phòng, chống bạo lực gia đình 2007: Bảo vệ và hỗ trợ nạn nhân bạo lực gia đình

Chapter III

PROTECTING AND ASSISTING VICTIMS OF DOMESTIC VIOLENCE

Part 1. MEASURES TAKEN TO PROTECT AND ASSIST VICTIMS OF DOMESTIC VIOLENCE

Article 18. Discovering and reporting domestic violence acts

1. The person who discovers domestic violence acts shall report these to the nearest police station or to the commune People’s Committee or the community leader at the scene of violence, except for the cases referred to in paragragh 3 of Article 23 and paragragh 4 of Article 29.

2. The Police station, the commune People’s Committee and the comminity leader, that have discovered or been informed of domestic violence acts shall be responsible for timely dealing with the case or requesting the relevant authorities or individuals to do it and keep the identity of the reporter confidential, and as/if necessary, protect the person reporting domestic violence acts.

Article 19. Prevention and protection measures

1. Prevention and protection measures shall be applied to protect the victim of domestic violence, stop violent acts and minimize the consequences of domestic violence, including:

a) Stopping domestic violence acts;

b) Making first aid arrangements for the victim of domestic violence;

c) Taking preventive measures in accordance with the Law in dealing with the violations of civil and criminal nature applicable to the person committing domestic violence;

d) The person committing violent acts shall not be allowed to approach the victim and not to use telephone or other medium to get in touch with the victim in order to commit violence (hereinafter referred to as a measure of forbidden contact);  

2. The person present at the scene of violence, depending on the severity  of the violent acts and their ability, shall be reponsible for taking measures referred to in points a and b, paragragh 1 of this Article;

3. Authority and conditions for the application, change and cancelation of measures referred to in point c, paragragh 1 of this Article shall be in accordance with the legislation on dealing with violations of civil or criminal nature;

4. The application of measures stipulated in point d, paragragh 1 of this Article shall comply with Articles 20 and 21 of this Law.

Article 20. Contact forbidden upon decision of the Chairperson of the commune People’s Committee

The commune People’s Committee at the site of domestic violence can decide to apply the measure of forbidding contact for no longer than three days when meeting the following conditions:

a) There is a written request from the victim of domestic violence, the custodian or the legal representative of the relevant organization/agency. In case of the institution, organization of authority  request, it must be agreed by the victim of domestic violence,

b) Domestic violence acts cause or threaten to cause serious physical injury to health or life of the victim of domestic violence

c) The domestic violence victim and the violence committing person are living at different domiciles at the time of contact

2. By the latest of 12 hours from the receipt of the request, Chairperson of communal People’s Committee shall decide to apply the forbidden contact measure with the victim of domestic violence; In case no decision shall be made, a written notice with specific reasons shall be sent to the requesting person.  

Decision forbidding contact with the victim of violence shall be in force right after its issuance, and sent to the person conducting violence, the victim of violence, the community leader at the victim’s domicile.  

3 The chairperson of communal People’s Committee deciding to forbid contact with the victim, shall cancel that decision when the victim of violence request this cancelation, or when the measure is found not necessary any more

4. In case there happen the wedding or funeral, or some special events in their families that require the violence victims and the violence committed persons to contact each other, the violence committed person has to inform the victim’s community leader..

5. The violence committing person breaching the forbidden contact decision can be seized for civil breach of Law and fined

6. The Government shall stipulates specifically the application, cancellation of the measure to forbid contact with the victim of violence, the person of supervising authority , and the treatment of the person who commits domestic violence and breach the forbidden contact rule in this Article.

Article 21. Forbidding contact upon decision of the court

1. In collecting evidence or processing civil case between the victim of domestic violence and the person conducting violent acts, the courts shall have the authority to forbid the person committing violent acts to contact the victim of domestic violence for no longer than 4 months when having sufficient conditions as following:

a) Written request from the victims of domestic violence, the custodian or the legal representative or the  authorized institution/organization. In case the authorized institution/organization requests, they must be agreed to by the victim of domestic violence,

b) The domestic violence causing physical damages or threatening to cause serious injury to the health and life of the victim of domestic violence.

c) The violence committing person and the victim are not living in the same domicile during the forbidden contact duration.

2. The decision of forbidden contact with the victim of domestic violence shall be  effective after signing and shall be notified to the violence committed person, the victim of violence and the community leader at the victim’s domicile and the people’s Inspecting Institute at the same level.

3. The people’s court that decided on the forbidden contact measure, shall cancel that decision when receiving the written request for cancellation from the violence victim or when it sees that this measure is no longer needed

4. In case there is a wedding or funeral, or some special events in their families that require the victim of violence and the violence committing person to contact each other, the violence committing person must inform the victim’s community leader.

5. Authority, sequence of steps and procedures, changes, cancelation of forbidden contact measure with the domestic violence victim referred to in this Article shall be similarly applied in accordance with the Law on Civil Proceedings for temporary emergency measures.

Article 22. Supervising the implementation of the forbidden contact decision

1. Upon receipt of the decision on forbidden contact with the domestic violence victim from the chairperson of communal People’s Committee or from the authorized court, the community leader shall cooperate with the concerned organization at the grass-roots level to assign people to supervise the implementation of the forbidden contact Decision.

2. The assigned superviser shall have following duties:

a) following up the carry-out of the forbidden contact decision between the violence committed persons and the violence victims; in case the violence committed persons are found meeting with the violence victims , requesting that person to strictly comply with the no-contact Decision

 b)In case the violence committed person attempt to contact with the violence victims, the assigned superviser shall report to the community leader to stop that from occuring.

3. Should the violence committed person be allowed to meet with the violence victims in accordance with the regulation at paragragh 4, article 20 and paragragh 4 of Article 21 of this Law, the family members are required to supervize the meeting to make sure no domestic violence taking place

Article 23. Taking care of domestic violence victim at  health stations

1. Domestic violence victims, after taking medical care and treatment, can be granted with the certificate of injury at their request.

2. Expenses of medical care and treatment for domestic violence victims shall be covered by the medical insurance funds if they hold medical insurance cards.

3. Medical staff, in doing their jobs, shall be reponsible for keeping the violence victim’s  private information confidential; in case the domestic violence acts are found with criminal signs, the medical staff shall have to inform the case to the Head of the health station, who shall report it to the police at the nearest station

Article 24. Counselling for domestic violence victims

1. Victims shall be given advice on health care, family, domestic behaviour, law and psychological issues to deal with the domestic violence acts

2. Health stations, social protection centers, domestic violence counselling centres, domestic violence victim supporting facilities, individuals or organizations as stipulated in Articles 27, 28, 29 and 30 of this Law, depending on their functions and duties, shall be obliged to provide suitable advice to domestic violence victims.

Article 25. Imergency support of essential provisions

The commune People’s Committee shall play the lead role and collaborate with  with the Committee of Viet Nam Fatherland Front of the same level and its members and other local social organizations and domestic violence victim supporting facilities in providing emergency support to meet essential needs of domestic violence victims when neccessary.

Part 2. DOMESTIC VIOLENCE VICTIM SUPPORT FACILITIES

Article 26. Domestic violence victim supporting facilities

1. Domestic violence victims supporting facilities shall provide domestic violence victims with care, advice and temporary domicile and other essential support.

2.The domestic violence victim support facilities shall includes:

a)  Health stations;

b) Social Protection and Assisting Centers;

c) The domestic violence victim supporting centers;

d)  Counselling centres for prevention and control of domestic violence;

đ) Reliable addresses in community.

Article 27. Health stations

1. Health stations shall provide medical services in line with Article 23 of this Law and also provide advice on health issues.

2. Public health stations, apart from performing as mentioned in paragraph 1 of this Article, depending on their actual capacity and conditions, shall provide temporary domicile to the domestic violence victims for no longer than one day at the request of the victims.

Article 28. Social protection centers

Social protection centers shall provide assistance, psychological advice, temporary domicile and other necessities to domestic violence victims.

Article 29. Domestic violence victim assistance as well as domestic violence prevention and control counselling centres  

1. The State shall encourage and facilitate individuals and organizations to establish domestic violence victim supporting and counselling facilities; provide financial support to some supporting and counselling facilities under the domestic violence prevention and control programs/plans as well as to target beneficiaries defined by the government    

2. Depending on their operational policies and functions, domestic violence victim supporting and counselling centres shall provide health care, legal and psychological advice, temporary domiciles and other essential support to domestic violence victims

3. The domestic violence victim supporting and counselling facilities must meet the following conditions:

a) Having sufficient physical resources and qualified human resources suitable to carry out domestic violence victim supporting activities

b) Being financially viable to maintain violence victim supporting activities.

4. The counsellors must have good ethics and good expetise in their field in accordance with regulations on counselling services. They must keep the victim’s privacy confidential except for the case that they find some criminal signs out of domestic violence acts. In such a case, they should report to the Head of their counselling centre, who must report to the police immediately.

Article 30.  Reliable addresses in the community

1. Reliable addresses in community are: prestigious individuals and organizations that are capable volunteers ready to help domestic violence victims in the community

2. Individuals and organizations shall inform the commune People’s Committee of their willingness and readiness to be reliable addresses and their locations.

3. The reliable addresses in the community, depending on their actual situation and capacity, shall admit violence victims and provide them with assistance, advice and temporary domicile and keep the relevant authorities informed.

4. The commune People’s Committee shall list reliable addresses in the community; provide guidance and conduct training on prevention and control of domestic violence and protect the reliable addresses when necessary.

5. The commune/ward/township Committee of Fatherland Front and its members shall be obliged to work with the People’s Committee at the same level, to carry out communication/advocacy and establish reliable addresses in the community