Chương V Luật Phòng, chống bạo lực gia đình 2022: Quản lý nhà nước và trách nhiệm của cơ quan, tổ chức về phòng, chống bạo lực gia đình

Chapter V

STATE MANAGEMENT AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS OF DOMESTIC VIOLENCE PREVENTION AND COMBAT

Article 46. State management of domestic violence prevention and combat

1. Issue and implement policies, laws, and plans on domestic violence prevention and combat or present them to competent authorities for issuance.

2. Inform, disseminate, universalize, and educate laws on domestic violence prevention and combat.

3. Perform statistical work on domestic violence prevention and combat.

4. Provide training and advanced training for persons performing domestic violence prevention and combat.

5. Conduct scientific research and international cooperation in domestic violence prevention and combat.

6. Provide commendation for individuals and collectives with outstanding achievements in domestic violence prevention and combat.

7. Inspect, settle complaints and denunciations, and handle violations against laws on domestic violence prevention and combat.

Article 47. Responsibilities of state management agencies of domestic violence prevention and combat

1. The Government of Vietnam shall unify the state management of domestic violence prevention and combat; submit reports on domestic violence prevention and combat every 2 years or irregularly to the National Assembly of Vietnam.

2. The Ministry of Culture, Sports and Tourism of Vietnam shall take responsibility before the Government of Vietnam for implementing state management of domestic violence prevention and combat and inter-sectoral coordination in domestic violence prevention and combat.

3. Ministries and ministerial agencies shall perform the state management of domestic violence prevention and combat and statistical work on domestic violence prevention and combat under their management within their scope of tasks and entitlements and submit the results to the Ministry of Culture, Sports and Tourism of Vietnam.

4. People’s Committees at all levels shall perform the state management of domestic violence prevention and combat at local levels within their scope of entitlements and tasks. Provincial People’s Committees shall perform statistical work on domestic violence prevention and combat under their management and submit the results to the Ministry of Culture, Sports and Tourism of Vietnam.

Article 48. Ministry of Culture, Sports and Tourism of Vietnam shall:

1. Promulgate legislative documents, programs, and plans on domestic violence prevention and combat or present them to competent state agencies for issuance.

2. Take charge and cooperate with relevant agencies and organizations in organizing the implementation of legislative documents, programs, and plans on domestic violence prevention and combat; performing inter-sectoral cooperation in domestic violence prevention and combat.

3. Take charge and cooperate with relevant agencies and organizations in providing guidelines on counseling, information, education, and communications; compiling model documents to disseminate and universalize the knowledge and skills in domestic violence prevention and combat.

4. Take charge and cooperate with relevant agencies and organizations in organizing advanced training in knowledge and skills for persons performing domestic violence prevention and combat.

5. Take charge and cooperate in performing statistical work and managing the database on domestic violence prevention and combat.

6. Take charge and cooperate with relevant agencies in inspecting and handling violations against laws on domestic violence prevention and combat.

7. Conduct scientific research and international cooperation in domestic violence prevention and combat.

8. Direct the development, implementation, summary of experience, and extension of domestic violence prevention and combat models.  

9. Provide guidelines on integrating contents of domestic violence prevention and combat into the conventions of residential communities.

Article 49. Responsibilities of Ministries, ministerial agencies, and governmental agencies

1. Ministry of Health of Vietnam shall:

a) Promulgate and organize the implementation of regulations on care and treatment for patients who are domestic violence victims at medical service facilities;

b) Provide guidelines for medical service facilities to perform statistical work and submit reports on cases where patients are domestic violence victims;

c) Provide advanced training in the knowledge and skills for healthcare staff to provide counseling, care, and treatment for domestic violence victims.

2. Ministry of Labor - War Invalids and Social Affairs of Vietnam shall:

a) Promulgate legislative documents on social support facilities following its entitlements or present them to competent state agencies for issuance; provide guidelines on the receipt and support for domestic violence victims at social support facilities;  

b) Direct the integration of contents of domestic violence prevention and combat into programs and plans on gender equality, protection of children, the elderly, and disabled people, vocational education, employment settlement, poverty reduction, and social evil prevention and combat;

c) Provide guidelines for social support facilities to perform statistical work and submit reports on cases where domestic violence victims are received and supported at social support facilities.

3. Ministry of Education and Training of Vietnam shall:

a) Direct the integration of knowledge of domestic violence prevention and combat into programs on education and training in accordance with the requirements of each learning major and level;

b) Provide guidelines for educational institutions on receiving, discovering, and supporting learners who are domestic violence victims.

4. Ministry of Information and Communications of Vietnam shall:

a) Direct mass media information to inform and disseminate policies and laws on domestic violence prevention and combat;

b) Take charge and cooperate with relevant agencies in detecting and preventing information, images, and data in cyberspace, the press, electronic video games, and publications that incite domestic violence.

5. Ministry of Justice of Vietnam shall:

a) Cooperate in disseminating and educating laws on domestic violence and combat and providing advanced training in the knowledge and skills for mediators and persons providing legal aid in domestic violence prevention and combat;

b) Provide guidelines for State Legal Aid Centers and organizations participating in legal aid to submit statistical reports on cases where domestic violence victims receive legal aid according to laws on legal aid.

6. Ministry of Public Security of Vietnam shall:

a) Promulgate documents guiding the supervision of the implementation of protective order decisions;

b) Direct the integration of knowledge of domestic violence prevention and combat into training programs and advanced training in educational institutions under its management;

c) Take charge and cooperate in providing advanced training in the knowledge and skills for People’ Public Security Forces in preventing and combating domestic violence;

d) Provide guidelines on the implementation of statistical work on domestic violence prevention and combat under its management.  

7. Ministries, ministerial agencies, and governmental agencies shall take charge and cooperate with relevant agencies and organizations in disseminating and educating policies and laws on domestic violence prevention and combat within their scope of tasks and entitlements.

Article 50. Local authorities at all levels shall:  

1. Direct and organize the implementation of state management of domestic violence prevention and combat following their competency.

2. Allocate the budget and personnel satisfying the requirements for performing tasks of domestic violence prevention and combat in their areas following this Law.  

3. Annually, People’s Committees at all levels shall submit reports on domestic violence prevention and combat to People’s Councils at the same level.

Article 51. People’s Courts and People’s Procuracies at all levels shall:

1. Protect the legal rights and benefits of domestic violence victims.

2. Proactively prevent and promptly detect, prevent, and handle acts violating laws on domestic violence prevention and combat.

3. Provide advanced training in the knowledge and skills in preventing and combating domestic violence for Judges, Jurors, Court Clerks, and Procurators.

4. Take charge and cooperate with relevant agencies and organizations in disseminating and educating policies and laws on domestic violence prevention and combat within their scope of tasks and entitlements.

5. Perform statistical work on domestic violence prevention and combat subject to their responsibilities and submit the results to the Ministry of Culture, Sports and Tourism of Vietnam. 

Article 52. Vietnamese Fatherland Front and its member organizations shall:

1. Perform supervision and social criticism; participate in the supervision and social criticism in the development and implementation of policies and laws on domestic violence prevention and combat.  

2. Disseminate, educate, and encourage members and the people to comply with laws on domestic violence prevention and combat and other regulations of relevant laws. Disseminate and educate skills in controlling acts of domestic violence in their agencies, organizations, and the People.

3. Propose necessary measures to relevant state agencies to implement laws on domestic violence prevention and combat and other regulations of relevant laws; participate in domestic violence prevention and combat, care for, support, and protect domestic violence victims.

4. Take charge and cooperate in preventing and combating domestic violence following this Law.

Article 53. Vietnam Women’s Union shall: 

1. Perform the responsibilities prescribed in Article 52 of this Law.

2. Provide counseling and participate in the mediation on domestic violence prevention and combat at the grassroots level; organize the implementation, connection, and introduction of counseling services, and support for domestic violence victims.

3. Organize activities of livelihood support, job creation, or other support for domestic violence victims.

4. Take charge and cooperate with organizations supporting the prevention and combat against domestic violence under its management; extend domestic violence prevention and combat models.

5. Cooperate with relevant agencies, organizations, and individuals in protecting and supporting domestic violence victims who are women and children.

6. Cooperate in summarizing and preparing statistical reports on children and women who are domestic violence victims and submit the results to the Ministry of Culture, Sports and Tourism of Vietnam.

Article 54. Social organizations, socio-vocational organizations, and economic organizations shall:

1. Participate in the supervision of the implementation of this Law.

2. Mobilize and support resources to perform domestic violence prevention and combat.

3. Participate in disseminating and mobilizing members and the people to commit to not committing acts of domestic violence and building a happy family.

4. Participate in counseling and mediation in domestic violence prevention and combat, provide support for domestic violence victims, and educate perpetrators.

5. Receive and collect information from members, the people, and society to provide feedback, proposal, and counseling for organizations and individuals regarding the implementation of policies and laws on domestic violence prevention and combat.