Chương III Luật Phòng, chống bạo lực gia đình 2022: Bảo vệ, hỗ trợ, xử lý vi phạm trong phòng, chống bạo lực gia đình

Chapter III

PROTECTION, SUPPORT, AND HANLDING OF VIOLATIONS IN PREVENTING AND COMBATING DOMESTIC VIOLENCE

Section 1. NOTIFICATION AND HANDLING OF NOTIFICATIONS AND DENUNCIATIONS OF DOMESTIC VIOLENCE ACTS

Article 19. Notifications and denunciations of domestic violence acts

1. Addresses that receive notifications and denunciations of domestic violence acts:

a) The People’s Committees of communes where domestic violence acts occur;

b) Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur;

c) Educational institutions where domestic violence victims are learners;

d) Village Heads, Heads of Sub-Quarters, Heads of Vietnamese Fatherland Front Departments in residential areas where domestic violence acts occur; 

dd) Heads of socio-political organizations of communes where domestic violence acts occur;

e) National hotline for domestic violence prevention and combat.  

2. Submission of notifications and denunciations of domestic violence acts to addresses prescribed in Clause 1 of this Clause shall be performed under the following forms:

a) Calls or messages;

b) Letters or applications;

c) Direct notification.

3. The Government of Vietnam shall stipulate regulations on the national hotline for domestic violence prevention and combat to receive and handle notifications or denunciations of domestic violence acts.

Article 20. Handling of notifications and denunciations of domestic violence acts

1. Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur shall, upon receiving notifications or denunciations, promptly prevent and handle domestic violence acts within their scope of entitlements while notifying Chairmen of the People’s Committees of communes where domestic violence acts occur.  

2. Organizations and individuals prescribed in Points c, d, dd, and e Clause 1 Article 19 of this Law shall, upon receiving notifications or denunciations of domestic violence acts, immediately provide notifications for Chairmen of the People’s Committees of communes where domestic violence acts occur and prevent such acts within their capability.

3. Chairmen of the People’s Committees of communes shall handle or assign the handling immediately after receiving notifications and denunciations of domestic violence acts or reports on domestic violence acts from organizations and individuals prescribed in Clause 1 and Clause 2 of this Article, except for cases prescribed in Clause 4 of this Article.

If subjects of notifications or denunciations of domestic violence acts are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, and people who are unable to take care of themselves or the domestic violence acts have caused or can potentially endanger the health and life of the victims, Chairmen of the People’s Committees of communes shall assign the Police Force of communes, wards, or towns (hereinafter referred to as “Commune-Level Police Force) to handle such matter.

4. In case of notifications or denunciations of criminals, the receipt and handling of notifications and denunciations shall comply with laws on criminal procedures.  

5. The procedure for receiving and handling notifications and denunciations of domestic violence acts shall comply with regulations of the Government of Vietnam.

Article 21. The use of audio and images of domestic violence acts

1. People who have audio or images of domestic violence acts may provide them to agencies, organizations, and individuals competent to handle domestic violence cases.

2. The use of audio and images of domestic violence acts during the handling of domestic violence cases and the publication of them on mass media or the internet shall be agreed on by domestic violence victims or guardians or legal representatives of domestic violence victims, unless otherwise prescribed by law.

Section 2. PREVENTION OF DOMESTIC VIOLENCE ACTS; PROTECTION AND SUPPORT FOR DOMESTIC VIOLENCE VICTIMS AND PEOPLE ENGAGING IN DOMESTIC VIOLENCE PREVENTION AND COMBAT

Article 22. Measures to prevent domestic violence acts and protect and support domestic violence victims

1. Measures to prevent domestic violence acts and protect and support domestic violence victims include:

a) Forcing an end to domestic violence acts;  

b) Requesting the person committing the domestic violence act to come to the police office of the commune where the domestic violence act occurs;

c) Imposing protective orders;

d) Arranging shelters and providing support for essential needs;

dd) Providing care and treatment for domestic violence victims;

e) Providing legal aid, psychological counseling, and training in skills in responding to domestic violence;

g) Providing domestic violence education and control; 

h) Providing suggestions and criticizing perpetrators in the residential community;

i) Performing work that serves the community;

k) Performing measures to prevent and ensure the handling of administrative violations following laws on handling administrative violations; measures to prevent and protect victims according to laws on criminal procedures regarding perpetrators.

2. The application of measures prescribed in Points a, b, c, d, dd, e, g, h, and i Clause 1 of this Article to foreigners residing in Vietnam shall comply with the regulations of the Government of Vietnam.

Article 23. Forced termination of domestic violence acts

1. Persons competent to handle domestic violence acts may immediately apply necessary measures according to the law to terminate domestic violence acts.

2. Persons present at the place of domestic violence acts shall, according to their capability and the nature of domestic violence acts, request perpetrators to terminate such acts.

Article 24. Request for perpetrators to come to the Police Office of the commune where the domestic violence acts occur

1. When assigned to handle cases, the Head of the Commune-Level Police Force may request perpetrators to come to the Police Office of the area where domestic violence acts occur to clarify information and handle cases if:

a) Domestic violence victims are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, or people who are unable to take care of themselves;

b) There are grounds to believe that domestic violence acts have endangered or may continue to endanger the health and life of domestic violence victims.

2. The request for perpetrators to come to the Police Office of the commune shall be made in writing and witnessed by people in the residential community.

3. In case perpetrators refuse to comply with the request, the Commune-Level Police Force may use combat gears according to the law to bring such people to the Police Office of the commune.

Article 25. Protective orders according to decisions of Chairmen of the People’s Committees of communes

1. Chairmen of the People’s Committees of communes where domestic violence acts occur shall decide the application of protective order measures, with the validity of each order does not exceed 3 days in the following cases:

a) There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals regarding domestic violence acts that damage or potentially damage the health or threaten the life of domestic violence victims.  

In case of requests from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;

b) Domestic violence acts threaten domestic violence victims' life.

2. Within 12 hours after receiving requests prescribed in Point a Clause 1 of this Article, Chairmen of the People’s Committees of communes shall consider and decide the application of protective order measures; in case of not issuing decisions, provide answers and explanations in writing for the requesting agencies, organizations, or persons.  

3. Protective order decisions are immediately effective after their issuance and are sent to perpetrators, domestic violence victims, Heads of Commune-Level Polices Forces, Village Heads, and Heads of Sub-Quarters where domestic violence victims reside.

4. Chairmen of the People’s Committees of communes that issue decisions on protective orders are competent to cancel such decisions. The cancellation of protective orders is performed in the following cases:

a) There are requests from people prescribed in Point a Clause 1 of this Article;  

b) Domestic violence victims, guardians, or legal representatives of domestic violence victims do not agree with decisions on protective orders following Point b Clause 1 of this Article;

c) This measure is considered unnecessary.

5. When applying protective order decisions, domestic violence victims, guardians, or legal representatives of domestic violence victims may select the shelter during the valid period of protective orders.

6. In case perpetrators violate decisions on protective orders, it is allowed to apply custodial measures according to administrative procedures for preventing domestic violence according to regulations of the Government of Vietnam.  

7. If the family has a wedding, funeral, or other special circumstances that the perpetrator has to come into contact with the domestic violence victims, the family shall provide notifications for the person assigned to supervise the implementation of the protective order and commit to preventing the reoccurrence of domestic violence acts.

8. The Government of Vietnam shall elaborate on this Article.

Article 26. Protective orders according to decisions of Courts

1. People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures, with the validity of each order does not exceed 4 months when the following conditions are satisfied:  

a) Domestic violence acts damage or potentially damage the health or threaten the life of domestic violence victims.

b) There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.

In case of applications from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;

2. People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures on their own, with the validity of each order does not exceed 4 months when it is necessary to protect the life of domestic violence victims.  

3. Protective order decisions are immediately effective after their issuance and are sent to perpetrators, domestic violence victims, Chairmen of the People’s Committees of communes, Heads of Commune-Level Police Forces, Village Heads, Heads of Sub-Quarters where domestic violence victims reside, and the People’s Procuracy at the same level.

4. Courts that issue protective order decisions as prescribed in Clause 1 of this Article shall cancel protective order decisions when receiving applications from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.

5. Courts that issue protective order decisions as prescribed in Clause 2 of this Article may cancel such decisions if they consider this measure unnecessary.

6. If the family has a wedding, funeral, or other special circumstances that the perpetrator has to come into contact with the domestic violence victims, the family shall provide notifications for the person assigned to supervise the implementation of the protective order and commit to preventing the reoccurrence of domestic violence acts.

7. The competency and procedure for applying, changing, and canceling protective order measures prescribed in this Article shall comply with regulations of laws on criminal procedures.

Article 27. Supervision of the implementation of protective order decisions

1. When receiving protective order decisions as prescribed in Article 25 and Article 26 of this Law, Commune-Level Police Forces shall take charge and cooperate with Village Heads, Heads of Sub-Quarters, and relevant organizations at the grassroots level in supervising the implementation of protective order decisions and assigning people to supervise the implementation of protective order decisions.  

2. Persons assigned to the supervision shall monitor the implementation of protective order decisions. When detecting perpetrators violating protective order decisions, persons assigned to the supervision have the right to request perpetrators to comply with decisions on protective orders; in case of continuous violations, report the matter to Heads of Commune-Level Police Forces for handling according to the law.

3. In cases where perpetrators are allowed to have contact with domestic violence victims as prescribed in Clause 7 Article 25 and Clause 6 Article 26 of this Law, other family members shall supervise and ensure the prevention of domestic violence acts from reoccurring.

Article 28. Arrangement of shelters and support for essential needs;

1. Domestic violence victims may receive the arrangement of shelters decided by Chairmen of the People’s Committees of communes or supported by voluntary agencies, organizations, or individuals.

2. Domestic violence victims may receive support for their essential needs according to laws on social support.

Article 29. Care and treatment of domestic violence victims 

1. Medical service facilities shall:

a) Receive, screen, classify, care for, and treat patients who are domestic violence victims;

b) Provide information on damage to the health of domestic violence victims at the request of such persons or competent agencies, organizations, or individuals.

2. While caring for and treating patients, if there are signs indicating that such patients are domestic violence victims, healthcare staff shall immediately report such matters to heads of the medical service facilities. 

3. Facilities supporting the prevention and combat against domestic violence prescribed in Points a, c, dd, and e Clause 2 Article 35 of this Law shall provide care for domestic violence victims according to their functions and tasks.

4. Heads of facilities supporting the prevention and combat against domestic violence shall provide notifications of cases of signs of domestic violence regarding people receiving care and treatment for Commune-Level Police Forces of areas where such facilities are located to protect and handle such matters according to the law.

Article 30. Provision of legal aid, psychological counseling, and training in skills in responding to domestic violence

1. Domestic violence victims may receive legal aid services from state legal aid centers or organizations participating in legal aid according to laws on legal aid.

2. Domestic violence victims may receive psychological counseling services and training in skills in responding to domestic violence as prescribed by the Government of Vietnam.

3. The State encourages organizations and individuals to provide free counseling services for domestic violence victims.

Article 31. Domestic violence education and control

1. Perpetrators shall receive domestic violence education and control; participate in domestic violence education and control services provided by facilities of domestic violence prevention and combat.

2. Contents of domestic violence education and control:

a) Policies and laws on prevention and combat against domestic violence and measures to handle perpetrators;

b) Identification of domestic violence acts and responsibilities of perpetrators;

c) Skills in behaving, preventing, and handling domestic conflicts and disputes;

d) Knowledge of and skills in controlling acts of domestic violence; relieving stress and pressure;

dd) Other contents.

3. Chairmen of the People’s Committees of communes shall decide on and organize the implementation of domestic violence education and control regarding perpetrators that are not subject to criminal prosecution.

Article 32. Feedback and criticism of perpetrators in residential communities

1. Measures to provide feedback and criticism for perpetrators in residential communities shall be taken against people of at least 18 years old in the following cases:

a) Committing acts of domestic violence 2 times or more within 12 months but not to the extent of receiving fines or the application of administrative handling measures;  

b) Continuing to commit acts of domestic violence after receiving fines for administrative violations for committing acts of domestic violence.

2. Village Heads and Heads of Sub-Quarters shall take charge and cooperate with Heads of Vietnamese Fatherland Front Departments in residential areas in organizing the feedback and criticism activities of perpetrators in residential communities. The participants of the mentioned activities include:

a) Perpetrators;

b) Representatives of families;

c) Representatives of Commune-Level Police Forces;

d) Representatives of socio-political organizations of communes where there are perpetrators or domestic violence victims who are members;

dd) Other participants invited by Village Heads or Heads of Sub-Quarters.

3. Contents of feedback and criticism include:

a) Feedback and criticism of perpetrators;

b) Provision of regulations of laws on prevention and combat against domestic violence;

c) Request for perpetrators to commit to not repeating acts of domestic violence.

4. Chairmen of the People’s Committees of communes where perpetrators reside shall decide on and organize the implementation of measures to provide feedback and criticism for perpetrators in residential communities based on the suggestions of persons assigned to handle domestic violence acts.

5. The People’s Committees of communes where perpetrators reside shall enable Village Heads and Heads of Sub-Quarters to organize feedback and criticism activities regarding perpetrators in residential communities.

6. In case perpetrators prescribed in Clause 1 of this Article volunteer to perform community services prescribed in Article 33 of this Law, measures to provide feedback and criticism in residential communities shall not be applied.

Article 33. Performance of community services

1. Community services mean small-scale work directly serving the benefits of communities in areas where perpetrators reside, including:

a) Participating in growing and caring for green trees in public areas; fixing and cleaning village streets, neighborhood alleys, streets, alleys, cultural houses, community houses, or other public works;

b) Participating in other work to improve the living environment and scenery of the community.

2. The list of work prescribed in Clause 1 of this Article shall be recognized by Chairmen of the People’s Committees of communes based on the discussion and decision of residential communities following laws on grassroots democracy implementation.

3. Chairmen of the People’s Committees of communes where perpetrators reside shall issue decisions and organize perpetrators to perform community services.

Article 34. Protection of persons engaging in the prevention and combat against domestic violence and persons providing notifications or denunciations of domestic violence

1. Chairmen of the People’s Committees of communes shall adopt measures to protect persons directly engaging in the prevention and combat against domestic violence and persons providing notifications or denunciations of domestic violence.

2. Agencies, organizations, and individuals that receive notifications or denunciations of domestic violence shall protect the confidentiality of the personal information of persons providing notifications or denunciations.

Section 3. FACILITIES SUPPORTING THE PREVENTION AND COMBAT AGAINST DOMESTIC VIOLENCE

Article 35. Facilities supporting the prevention and combat against domestic violence

1. Facilities supporting the prevention and combat against domestic violence shall care for, provide counseling services, arrange shelters, and support the essential needs of domestic violence victims and children that such victims are obligated to care for and nurture; provide domestic violence control.

2. Facilities supporting the prevention and combat against domestic violence include:

a) Trusted addresses;

b) Medical service facilities;

c) Social support facilities;

d) State legal aid centers and organizations participating in legal aid;

dd) Other facilities participating in the prevention and combat against domestic violence;  

e) Facilities that provide domestic violence and combat support services.

Article 36. Trusted addresses

1. Trusted addresses are reputable and capable organizations and individuals that volunteer to support domestic violence victims.

2. Organizations and individuals prescribed in Clause 1 of this Article shall provide notifications of accepting to be trusted addresses for the People's Committees of communes. The People's Committees of communes shall create a list and disclose trusted addresses in their areas; guide and organize the provision of training for trusted addresses in domestic violence prevention and combat.

3. When receiving domestic violence victims, trusted addresses shall provide notifications for the People’s Committees of communes.  

The People’s Committees of communes shall protect and provide financial support for trusted addresses according to the law.

4. The Vietnamese Fatherland Front Departments of communes, their member organizations, and social organizations shall disseminate and mobilize organizations and individuals to become trusted addresses in residential communities.

Article 37. Medical service facilities  

1. Medical service facilities shall care for and treat patients who are domestic violence victims following Clause 1 Article 29 of this Law.

2. Public medical service facilities shall, according to practical conditions, arrange shelters for domestic violence victims for no more than 1 day at the request of domestic violence victims.

Article 38. Social support facilities, state legal aid centers, and organizations participating in legal aid

1. Social support facilities shall provide care and support for other essential needs of domestic violence victims during their stay at the facilities in accordance with the law.

2. State legal aid centers and organizations participating in legal aid shall provide legal aid services for domestic violence victims following laws on legal aid.  

Article 39. Other facilities participating in the prevention and combat against domestic violence

1. The State encourages and enables individuals and organizations to participate in the prevention and combat against domestic violence.

2. Other facilities participating in the prevention and combat against domestic violence shall register the content and operating scope with competent state agencies.

3. The Government of Vietnam shall elaborate Clause 2 of this Article.

Article 40. Facilities supporting the prevention and combat against domestic violence

1. Facilities that provide domestic violence and combat services established by agencies, organizations, and individuals following the law operating for non-profit purposes to provide one or several of the following services and activities:

a) Domestic violence prevention and combat counseling;

b) Provision of shelters and other essential needs for domestic violence victims;

c) Domestic violence education and control;

d) Provision of health care and psychological disease prevention for domestic violence victims;

dd) Other activities related to prevention and combat against domestic violence.  

2. Facilities prescribed in Clause 1 of this Article shall satisfy the following criteria:  

a) Heads of the facilities must have full civil act capacity and at least a bachelor's degree, have received specialized training related to services registered for provision, and have not been criminally prosecuted or received fines for acts of domestic violence;

b) Staff who directly participate in the provision of domestic violence prevention and combat services must have graduated from high school or higher, have received advanced training in the knowledge of and skills in preventing and combating domestic violence organized by competent state agencies or facilities permitted by competent state agencies;

c) In case of providing shelters for domestic violence victims or domestic violence education and control services, facilities must have the required physical facilities and locations.

3. Facilities prescribed in Clause 1 of this Article shall register their contents and operating scope with state management agencies of domestic violence prevention and combat. 

4. Organizations and individuals that invest in the budget, personnel, and physical facilities to perform services and activities prescribed in Clause 1 of this Article may receive tax incentives, fee incentives, credit incentives, and other incentives as prescribed by the law.  

5. The Government of Vietnam shall elaborate on Clause 2 of this Article and stipulate the competence and procedures for issuing and revoking establishment registration certificates of facilities providing domestic violence prevention and combat services.

Section 4. HANDLING OF VIOLATIONS AGAINST LAWS ON DOMESTIC VIOLENCE PREVENTION AND COMBAT

Article 41. Handling of violations against laws on domestic violence prevention and combat

1. Organizations and individuals that violate laws on domestic violence prevention and combat shall receive disciplinary actions, fines, or criminal liability prosecution according to the nature and severity of the violation. If such entities cause damage, provide compensation as prescribed by law.

2. If persons fined for administrative violations against laws on domestic violence prevention and combat are officials, public employees, or persons of the people’s armed forces, persons who issue decisions on fines shall provide notifications for heads of agencies, organizations, or units competent to manage the violating persons.