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Chapter V

DEALING WITH THE BREACH OF THE LAW ON DOMESTIC VIOLENCE PREVENTION AND CONTROL AND LAW ON COMPLAINTS AND DENOUNCEMENTS

Article 42. Dealing with the domestic violence committing person

1. The domestic violence committing person, depending on the severity of the violation, shall either be fined as an civil violation, disciplined or charged for criminal penalty and have to compensate for any damages caused.

2. Staff, officers, civil servants and employees in the people’s armed forces  committing domestic violence and supposedly being charged for civil violations according to paragraph 1 of this Article, shall be reported to the Heads of their institutions for education.

3. The Government shall stipulate specific civil violations concerning domestic violence prevention and control, the levels of penalties and the measures to address the consequences applicable to the persons who breach the Law on Domestic Violence Prevention and Control.

Article 43. Applying re-education measures in communes, wards and townships or sending to re-education schools

1. Persons frequently committing domestic violence, having been warned, reprimanded and criticized by the community and within 6 months from the date of those measures taken still committing domestic violence which is not serious enough for criminal liability, shall be re-educated at their communes, townships or wards.

2. The domestic violence committing persons, having been re-educated in communes, wards and  townships and still committing domestic violence that is not serious enough for criminal liability shall be sent to compulsory re-education schools. Persons under 18 years of age shall be sent to the youth custody school in accordance with the regulations on civil violations.

3. Authority, duration and procedures for taking such re-education measures at the wards, communes, townships, or sending them to the compulsory re-education schools, youth custody schools, shall be in accordance with the regulations on civil violations.

Article 44. Complaints, denouncements and settlement thereof

Complaining, denouncing and settling such complaints and denouncements about violations of the Law on Domestic Violence Prevention and Control shall comply with the Law on Complaints and Denouncements.