DECREE

ELABORATION ON SOME ARTICLES OF LAW ON PREVENTION AND COMBAT AGAINST DOMESTIC VIOLENCE

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Prevention and Combat against Domestic Violence dated November 14, 2022;

At the request of the Minister of Culture, Sports and Tourism;

The Government promulgates Decree on elaboration of some Articles of Law on Prevention and Combat against Domestic Violence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates Clause 2, Article 3; Clause 1, Article 12; Clause 3, Article 19; Clause 5, Article 20; Clause 2, Article 22; Clause 8, Article 25; Clause 2, Article 30; Clause 3, Article 39; Clause 5, Article 40; Clause 3 Article 42 of the Law on Prevention and Combat against Domestic Violence.

Article 2. Domestic violence acts performed by divorced people

1. Performing acts specified in Points a, b, c and k Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence.

2. Illegally forcing others to leave their legal residence.

3. Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;

4. Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure;

5. Preventing exercise of rights and fulfillment of obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between brothers and sisters;

6. Obstructing marriage.

Article 3. Domestic violence acts performed by cohabiting couples

1. Performing acts specified in Points a, b, c, k and m Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence.

2. Forcing sexual intercourse against the will of others;

3. Isolating or holding others in custody.

4. Illegally forcing others to leave their legal residence.

5. Discriminating against others’ body, gender, sexuality, and capability.

6. Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;

7. Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure;

8. Preventing exercise of rights and fulfillment of obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between brothers and sisters;

9. Neglecting and deserting others.

10. Forcing or obstructing marriage.

11. Forcing family others to overwork, over-study, or make financial contributions more than they can afford; controlling property and income of others to create a state of physical or mental dependence.

Article 4. Domestic violence acts performed by parents, stepchildren, or siblings of divorced people or cohabiting couples

1. Performing acts prescribed in Points a, b, and c Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence.

2. Preventing others from meeting their family members, having legal and healthy social relationships, or committing acts of isolating and putting constant psychological pressure;

3. Preventing exercise of rights and fulfillment of obligations in the family relations between grandparents and grandchildren; between father, mother, and child; between brothers and sisters;

Article 5. Domestic violence acts performed by people who have had a relationship of adoptive parents and adopted children with each other

1. Performing acts specified in Points a, b, c and k Clause 1 Article 3 of the Law on Prevention and Combat against Domestic Violence.

2. Illegally forcing others to leave their legal residence.

3. Disclosing or spreading information on personal life, secrets, and family secrets of others to insult their honor and dignity;

Article 6. Information confidentiality when receiving and handling notifications and denunciations of domestic violence

1. Information of the persons providing notifications or denunciations of domestic violence and information on personal life, personal secrets, and family secrets of domestic violence victims shall be protected and confidential in compliance with domestic violence prevention and combat laws and relevant laws.

2. Regarding authorities, organizations, and individuals shall:

Acquire the written consent from the person providing notifications or denunciations of domestic violence following Form No. 01 of the Appendix enclosed with this Decree before disclosing his/her information;

b) Acquire the written consent following Form No. 02 of the Appendix enclosed with this Decree from the guardian or legal representative of the domestic violence victim before disclosing information on the personal life, personal secrets, and family secrets of such a victim.

Chapter II

RECEIPT AND HANDLING OF NOTIFICATIONS AND DENUNCIATIONS OF DOMESTIC VIOLENCE

Article 7. National hotline for domestic violence prevention and combat

1. The national hotline for domestic violence prevention and combat (hereinafter referred to as “Hotline”) shall be in the form of a short phone number with 3 digits to receive and handle notifications and denunciations of domestic violence.

2. The Hotline shall be operated 24/7 to receive notifications and denunciations of domestic violence with the operational resources guaranteed by the State.

3. The Hotline shall automatically record and pay the telecommunications fees for every incoming and outgoing call.

4. The Hotline may advertise its phone number as prescribed by laws.

Article 8. Tasks of the Hotline

1. Receive notifications and denunciations of domestic violence from authorities, organizations, and individuals.

2. Instruct domestic violence victims to come to competent authorities, organizations, or individuals or concerned authorities, organizations, and individuals for protection and support.

3. Transfer the notifications or denunciations to People’s Committees of communes where domestic violence acts occur. If there are criminal signs, immediately inform competent authorities for settlement under criminal procedure laws.

4. Provide information at the request of competent state authorities or authorities, organizations, or individuals that directly provide notifications of denunciations of domestic violence.

5. Store, analyze, and summarize information and data, and prepare reports as prescribed by laws.

Article 9. Procedures for receiving and handling notifications and denunciations of domestic violence via the Hotline

1. Domestic violence victims or authorities, organizations, and individuals detecting domestic violence acts shall immediately call the Hotline to notify and denounce domestic violence.

2. Receivers of notifications and denunciations of domestic violence via the Hotline shall record the information in writing following Form No. 03 of the Appendix enclosed with this Decree while providing psychological counseling and skills in responding to domestic violence acts for the information providers.

3. After receiving notifications or denunciations of domestic violence, receivers prescribed in Clause 2 of this Article shall inform Presidents of the People's Committees of communes where the domestic violence acts occur for settlement under domestic violence prevention and combat laws.

4. Presidents of People’s Committees of communes receiving notifications as prescribed in Clause 3 of this Article shall handle the notifications and denunciations of domestic violence following Article 11 of this Decree. In case the victims in the notifications or denunciations of domestic violence are children, the handling shall comply with children laws.

Article 10. Procedures for receiving and handling notifications and denunciations of domestic violence via addresses prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence

1. Procedures for receiving notifications and denunciations of domestic violence sent to addresses prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence:

a) When receiving notifications and denunciations of domestic violence in person or via phone calls, receivers shall record the information in writing following Form No. 04 of the Appendix enclosed with this Decree while providing psychological counseling and skills in responding to domestic violence acts for the information providers;

b) When receiving notifications and denunciations of domestic violence via messages, applications, or letters, receivers shall record the information in writing following Form No. 05 of the Appendix enclosed with this Decree.

2. Procedures for handling notifications and denunciations of domestic violence sent to addresses prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence:

a) Public Security Authorities and Border Guard Stations receiving notifications or denunciations of domestic violence shall promptly prevent and handle domestic violence acts within their jurisdiction while reporting such incidents to Presidents of People’s Committees of communes where domestic violence acts occur. In case the victims in the notifications or denunciations of domestic violence are children, the handling shall comply with children laws;

b) Immediately after receiving notifications and denunciations of domestic violence, entities prescribed in Points c, d, and dd Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence shall notify Presidents of People's Committees of communes where domestic violence acts occur and prevent the acts and provide support and protection for the domestic violence victims within their capacity.

3. Authorities, organizations, and individuals receiving notifications and denunciations of domestic violence shall cooperate with state authorities and competent persons according to domestic violence prevention and combat laws in verifying notifications and denunciations upon requests.

4. Public Security Authorities and Border Guard Stations prescribed in Point a Clause 2 of this Article shall provide notifications of the handling results of notifications and denunciations of domestic violence upon requests from authorities, organizations, or individuals providing such notifications or denunciations.

Article 11. Responsibilities of Presidents of People’s Committees of communes where domestic violence acts occur in the handling of notifications and denunciations of domestic violence

1. Classify notifications and denunciations of domestic violence after receiving them as follows:

a) Immediately submit reports to competent authorities for handling according to criminal procedure laws in case notifications or denunciations of domestic violence have criminal signs;

b) Assign Public Security Forces of communes, wards, or commune-level towns to handle the concerned incidents if the domestic violence victims 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;

c) Handle the incidents within their jurisdiction after receiving notifications or denunciations of domestic violence or reports on domestic violence from authorities and individuals prescribed in Points b, c, d, dd, and e Clause 1 Article 19 of the Law on Prevention and Combat against Domestic Violence. While handling notifications and denunciations of domestic violence, Presidents of People’s Committees of communes shall, based on practical grounds and within their jurisdiction, invite the representatives of authorities, organizations, and individuals concerning the domestic violence victims to cooperate in protecting, supporting, and providing psychological counseling and skills in responding to domestic violence for the victims.

2. Cooperate with competent authorities and persons in handling notifications and denunciations of domestic violence regarding cases prescribed in Point a Clause 1 of this Article.

3. Inspect and assess the handling of domestic violence acts.

4. Provide information on the handling of notifications and denunciations of domestic violence upon requests from competent state authorities or authorities, organizations, or individuals providing notifications or denunciations of domestic violence.

Article 12. Measures to prevent domestic violence acts and protect and support domestic violence victims regarding foreigners in Vietnam

1. Regulations applicable to foreigners in Vietnam who are domestic violence victims:

a) They shall be arranged to shelters and receive support for necessary needs, care, treatment, legal aid, psychological counseling, and skills in responding to domestic violence according to Points d, dd, and e Clause 1 Article 22 of the Law on Prevention and Combat against Domestic Violence;

b) The application of Point a of this Clause to foreigners in Vietnam shall be carried out similarly to the application to Vietnamese unless otherwise prescribed by international treaties that Vietnam is a signatory.

2. Regulations applicable to foreigners in Vietnam who are perpetrators:

a) They shall be forced to end domestic violence acts, requested to present themselves to the Public Security Forces of communes, wards, or commune-level towns where domestic violence acts occur, banned from any contact with the victims, forced to take domestic violence education and control courses, criticized in the residential communities, and forced to carry out community services according to Points a, b, c, g, h, and I Clause 1 Article 22 of the Law on Prevention and Combat against Domestic Violence;

b) They shall pay the fees for hiring interpreters from Vietnamese to foreign languages and vice versa, lawyers, guardians, and other fees prescribed in Point a Clause 1 of this Article for the domestic violence victims. The payment shall comply with finance laws; regarding cases unprescribed by finance laws, carry out the payment according to actual invoices and receipts;

c) The application of Point a of this Clause to foreigners in Vietnam shall be carried out similarly to the application to Vietnamese unless otherwise prescribed by international treaties that Vietnam is a signatory.

3. Foreigners in Vietnam who are domestic violence victims or perpetrators may invite the representatives of authorities or organizations they are working with or assign their legal representatives to participate in the implementation of measures prescribed in Clause 1 and Clause 2 of this Article.

4. Persons competent to decide measures to prevent domestic violence acts and protect and support foreigners in Vietnam who are domestic violence victims shall monitor, manage, and supervise the implementation of measures applicable to foreigners in Vietnam prescribed in Clauses 1, 2, and 3 of this Article.

Article 13. Provision of psychological counseling services and skills in responding to domestic violence for domestic violence victims

1. Psychological counseling services and skills in responding to domestic violence shall be provided by facilities prescribed in Points b, c, d, and e Clause 2 Article 35 of the Law on Prevention and Combat against Domestic Violence.

2. The provision of psychological counseling services and skills in responding to domestic violence for domestic violence victims shall be carried out directly or indirectly.

3. The Ministry of Culture, Sports and Tourism of Vietnam shall take charge, develop, and promulgate documents guiding the psychological counseling and skills in responding to domestic violence.

Chapter III

PROTECTIVE ORDERS DECIDED BY PRESIDENTS OF PEOPLE'S COMMITTEES OF COMMUNES

Article 14. Principles of protective orders

1. To ensure the benefits of domestic violence victims who are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, people who are unable to take care of themselves, or patients in treatment.

2. To adequately notify domestic violence victims of their rights and obligations before issuing protective orders.

Article 15. Cases subject to protective orders

1. The domestic violence victim or his/her guardian or legal representative requests the President of the People's Committee of the commune where domestic violence acts occur to issue a protective order if the domestic violence acts are deemed to damage or threaten the health or life of the domestic violence victim.

2. A competent authority, organization, or individual requests the President of the People’s Committee of the commune where domestic violence acts occur to issue a protective order if the domestic violence acts are deemed to damage or threaten the health or life of the domestic violence victim. The request must be agreed on by the domestic violence victim or his/her guardian or legal representative.

3. The President of the People's Committee of the commune shall issue a protective order according to Point b Clause 1 Article 25 of the Law on Prevention and Combat against Domestic Violence.

Article 16. Methods and applications for protective orders

1. Applications for protective orders shall be submitted in person, through postal services, or electronic means.

2. Regarding Clause 2 Article 15 of this Decree, the application shall be made following Form No. 06 of the Appendix enclosed with this Decree. Applications are not required regarding cases prescribed in Clause 1 and Clause 3 Article 15 of this Decree.

Article 17. Protective orders

1. The President of the People’s Committee of the commune shall, based on Article 15 and Article 16 of this Decree, issue protective orders. The President of the People’s Committee of the commune shall issue protective orders according to requests prescribed in Clause 1 or Clause 2 Article 15 of this Decree following Form No. 07 of the Appendix enclosed with this Decree. In case of declining to issue protective orders, provide answers and explanations in writing. The President of the People’s Committee of the commune that issues protective orders himself/herself shall follow Form No. 08 of the Appendix enclosed with this Decree.

2. For each protective order, the validity period shall be no more than 3 days.

Article 18. Contact during protective orders

1. A perpetrator under a protective order may only have contact with the domestic violence victim in the following cases:

a) There is a wedding or funeral in the family;

b) A relative has an accident or illness requiring care;

c) Remedy for natural disasters, fire, or epidemics is required.

2. When in need of having contact with the domestic violence victim in cases specified in Clause 1 of this Article, the perpetrator under a protective order shall send written notification following Form No. 09 of the Appendix enclosed with this Decree to the concerned supervisor of the protective order compliance. Contact shall only be made after the perpetrator has submitted the mentioned notification and the supervisor has signed such notification. The time of contact shall be no more than 4 hours.

3. The supervisor shall immediately inform the President of the People's Committee of the commune, who issued the protective order, of the incident for the provision of protective measures for the domestic violence victim.

Article 19. Violations of protective orders

1. A perpetrator is considered to violate the protective in the following cases:

a) Coming close to the domestic violence victim within 100m without any wall or partition for safety assurance;

b) Using mobile phones, emails, or other equipment to commit domestic violence acts to the person protected by the protective order.

2. Perpetrators violating protective orders shall be subject to custodial measures according to administrative procedures for preventing domestic violence prescribed by administrative violation handling laws.

Article 20. Cancellation of protective orders

1. The cancellation of a protective order according to Point a and Point b Clause 4 Article 25 of the Law on Prevention and Combat against Domestic Violation shall be carried out according to the following procedures:

a) Competent authorities, organizations, and individuals prescribed in Point a Clause 1 and Point a and Point b Clause 4 Article 25 of the Law on Prevention and Combat against Domestic Violence shall submit applications to Presidents of People’s Committees of communes who issued protective orders to request the cancellation of such orders following Form No. 10 of the Appendix enclosed with this Decree. Applications shall be submitted by the methods prescribed in Clause 1 Article 16 of this Decree;

b) Within 12 hours after receiving an application, the concerned President of the People’s Committee of the commune who issued the protective order shall cancel the order following Form No. 11 of the Appendix enclosed with this decree. In case of refusal, provide answers and explanations in writing.

2. The President of the People’s Committee of the commune shall cancel the protective order under Point c Clause 4 Article 25 of the Law on Prevention and Combat against Domestic Violence when:

a) The violence victim dies;

b) The perpetrator dies or is incapacitated;

c) There are grounds to determine that the protective order is inappropriate.

3. A decision on the cancellation of a protective order comes into force right after its signing and shall be sent to the concerned perpetrator, domestic violence victim, Head of the Public Security Force of the commune, ward, or commune-level town, head of the village, head of the sub-quarter where the victim resides, protective order supervisor, and the competent authority, organization, or individual requesting the cancellation.

Article 21. Rights to choose accommodation during protective orders

1. A domestic violence victim or his/her guardian or legal representative may select accommodation during the implementation of a protective order of the President of the People’s Committee of the commune.

2. If the domestic violence victim cannot decide the accommodation or the accommodation fails to meet the requirements prescribed in Point a Clause 1 Article 19 of this Decree, Article 28 of the Law on Prevention and Combat against Domestic Violence shall prevail.

Chapter IV

OTHER FACILITIES PARTICIPATING IN PREVENTION AND COMBAT AGAINST DOMESTIC VIOLENCE; PROVIDERS OF DOMESTIC VIOLENCE PREVENTION AND COMBAT SUPPORT SERVICES

Article 22. Operational contents and scope of other facilities participating in the prevention and combat against domestic violence

1. Other facilities participating in the prevention and combat against domestic violence are facilities registered for participation in the prevention and combat against domestic violence voluntarily by organizations and individuals.

2. Other facilities participating in the prevention and combat against domestic violence may receive preferential policies according to domestic violence prevention and combat laws.

3. Operational contents of other facilities participating in the prevention and combat against domestic violence:

a) Participation in the dissemination and mobilization for domestic violence prevention and combat;

b) Support for resources for domestic violence prevention and combat;

c) Support for domestic violence victims’ living costs;

d) Provision of occupational training and job introduction for unemployed domestic violence victims and perpetrators who wish for support.

4. Operational scope of other facilities participating in the prevention and combat against domestic violence:

a) Individuals and organizations shall register operations in one or several contents prescribed in Clause 3 of this Article;

b) Individuals and organizations shall register participation in domestic violence prevention and combat support for employees, association members, trade union members, or members under their management.

Article 23. Registration of operational contents and scope of other facilities participating in the prevention and combat against domestic violence

1. Individuals and organizations participating in domestic violence prevention and combat support shall send notifications of the registration of operational contents and scope under Clause 3 and Clause 4 Article 22 of this Decree to authorities of culture, sports, and tourism of the People's Committees of provinces where they are headquartered following Form No. 12 of the Appendix enclosed with this Decree.

2. Notifications specified in Clause 1 of this Article shall be sent in person, through postal services, or electronic means. In case the organizations and individuals specified in Clause 1 of this Article send the notifications via electronic means, such notifications shall be in the form of photocopy (from the original) or PDF with digital signatures.

3. Authorities of culture, sports, and tourism of People’s Committees of provinces specified in Clause 1 of this Article shall confirm the receipt of the notifications of registration of operational contents and scope following Form No. 13 of the Appendix enclosed with this Decree. In case of refusal, provide answers and explanations in writing.

4. Other facilities participating in domestic violence prevention and combat may only operate according to their registered operational contents and scope. In case other facilities participating in domestic violence prevention and combat have operational contents and scope unprescribed in Clause 3 and Clause 4 Article 22 of this Decree, the establishment and operation of such facilities shall comply with regulations applicable to providers of domestic violence prevention and combat support services.

5. Employees directly participating in the provision of support services at other facilities participating in domestic violence prevention and combat shall receive advanced training in knowledge and skills in preventing and combating domestic violence according to Article 26 of this Decree.

6. Authorities of culture, sports, and tourism of People’s Committees of provinces shall:

a) Organize advanced training in knowledge and skills in preventing and combating domestic violence for persons participating in domestic violence prevention and combat at other facilities participating in domestic violence prevention and combat;

b) Inspect the operations of other facilities participating in domestic violence prevention and combat as prescribed by laws.

Article 24. Requirements for heads of providers of domestic violence prevention and combat support services

1. Have full legal capacity and have not been criminally prosecuted or received fines for acts of domestic violence, specifically:

a) Have adequate health as concluded by competent health facilities according to health checkup laws;

b) Have not been criminally prosecuted or received any fine concerning domestic violence prevention and combat.

2. Have at least a bachelor's degree in training majors, disciplines, and fields concerning services of provision registration, specifically:

a) Regarding a provider of counseling services concerning domestic violence prevention and combat: the head of such a facility shall have at least a bachelor’s degree in majors of teacher training, health care, psychology, law, sociology, or community services;

b) Regarding a provider of shelter services for domestic violence victims: the head of such a facility shall have at least a bachelor’s degree;

c) Regarding a provider of domestic violence prevention and control education services: the head of such a facility shall have at least a bachelor’s degree in majors of teacher training, health care, psychology, law, or community services;

d) Regarding a provider of mental health care and mental illness prevention services for domestic violence victims: the head of such a facility shall have at least a bachelor's degree in majors of teacher training, health care, psychology, sociology, or community services;

dd) Regarding a provider of other services concerning domestic violence prevention and combat: the head of such a facility shall have at least a bachelor’s degree in majors, disciplines, and fields in conformity with the provided services.

3. In case a provider registers for the provision of multiple services prescribed in Clause 1 Article 40 of the Law on Prevention and Combat against Domestic Violation, the head of such a facility shall meet the requirements prescribed in Clause 1 and at least one of the qualifications prescribed in Points a, c, d, and dd Clause 2 of this Article.

Article 25. Competence to organize advanced training in knowledge and skills in preventing and combating domestic violence according to Point b Clause 2 Article 40 of the Law on Prevention and Combat against Domestic Violence

1. The Ministry of Culture, Sports and Tourism of Vietnam and People’s Committees of provinces are competent to organize advanced training in knowledge and skills in preventing and combating domestic violence according to Point b Clause 2 Article 40 of the Law on Prevention and Combat against Domestic Violence.

2. Annually, state authorities prescribed in Clause 1 of this Article shall promulgate plans for advanced training in knowledge and skills in preventing and combating domestic violence and disclose them on the website of the plan promulgation authority.

3. Facilities permitted by state authorities to organize advanced training in knowledge and skills in preventing and combating domestic violence are facilities identified in plans for advanced training in knowledge and skills in preventing and combating domestic violence promulgated by state authorities specified in Clause 1 of this Article.

4. Facilities prescribed in Clause 3 of this Article shall issue certificates to participants of advanced training courses following Form No. 14 of the Appendix enclosed with this Decree after the completion of such courses.

Article 26. Contents of advanced training in the knowledge and skills in participating in domestic violence prevention and combat

1. Employees directly providing domestic violence prevention and combat counseling are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, skills in responding to domestic violence, and knowledge and skills in providing domestic violence prevention and combat counseling.

2. Employees directly providing services of shelters and other necessary needs for domestic violence victims are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, skills in responding to domestic violence, and skills in preventing domestic violence.

3. Employees directly carrying out domestic violence prevention and control education are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, anger management skills, violence control skills, and skills in developing family relationships.

4. Employees directly providing health care and mental illness prevention for domestic violence victims are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, knowledge and skills in caring for domestic violence victims, and knowledge and skills in providing psychotherapy and mental health care for domestic violence victims.

5. Employees performing other activities concerning domestic violence prevention and combat are entitled to advanced training in the knowledge of domestic violence prevention and combat laws, identification of domestic violence acts, and knowledge and skills concerning the provided services.

6. Persons with issued certificates of advanced training in knowledge and skills in preventing and combating domestic violence prescribed in Clauses 1, 2, 3, 4, and 5 of this Article shall, after 5 years from the issuance date, participate in additional advanced training courses to update and supplement their knowledge and skills in preventing and combating domestic violence according to their field of work.

Article 27. Requirements for physical facilities and locations regarding facilities providing shelters or domestic violence prevention and control education services

1. Requirements for physical facilities:

a) Providers of shelters for domestic violence victims shall meet the mandatory requirements for beds, mats, blankets, curtains, electric knighting, fans, contact phones, closed toilets, doors with locks, and other requirements according to construction, order, and security laws;

b) Providers of domestic violence prevention and control education services shall have facilities of service provision with appropriate hygiene and safety assurance according to fire prevention and firefighting and construction laws and equipment in conformity with the provided services.

2. Requirements for locations: providers of shelters or domestic violence prevention and control education services shall have specific headquarters for operations and transactions. The mentioned headquarters shall be prescribed in certificates of establishment registration.

Article 28. First-time issuance of certificates of establishment registration of providers of domestic violence prevention and combat support services

1. An application for first-time issuance of the certificate of establishment registration of a provider of domestic violence prevention and combat support services includes:

a) Application for first-time issuance of the certificate of establishment registration of provider of domestic violence prevention and combat support services following Form No. 15 of the Appendix enclosed with this Decree;

b) Draft operational regulations of the provider of domestic violence prevention and combat support services;

c) Schedule for service prices (if any);

d) Requirements applicable to the head: (1) health checkup paper issued by a competent health facility according to health checkup laws; (2) certified copies of the bachelor’s degree (or higher) in the major concerning the services registered for provision; (3) certified copies of other diplomas and certificates concerning services registered for the establishment; (4) declaration of not having been criminally prosecuted or fined for administrative violations of domestic violence prevention and combat following Form No. 16 of the Appendix enclosed with this Decree;

dd) Requirements applicable to the application of an employee directly providing domestic violence prevention and combat support services: (1) health checkup paper issued by a competent health facility according to health checkup law; (2) certified copies of the high school diploma (or higher); (3) certified copies of diplomas and certificates concerning the services expected to be provided; (4) certified copies of the certificate of advanced training in knowledge and skills in preventing and combating domestic violence;

e) Any authority, organization, and individual registering for the establishment of a provider of domestic violence prevention and combat support services shall submit an application in person, through postal services, or electronic means to the authority of culture, sports, and tourism of the People’s Committee of the province where the provider is headquartered to request for the first-time issuance of the certificate of establishment registration.

In case of submission via electronic means, components of the application shall be in the form of a photocopy (from the original) or PDF with digital signatures. Documents shall be named corresponding to the names of the enclosed papers and documents.

2. Procedures for the first-time issuance of a certificate of establishment registration of a provider of domestic violence prevention and combat support services are as follows:

a) If the application is invalid, within 5 working days after receiving the application, the receiving authority shall notify the applicant of such matter in writing for the applicant to amend the application;

b) If the application is valid, within 10 working days after receiving the application, the receiving authority shall perform the first-time issuance of the certificate to the provider of domestic violence prevention and combat support services following Form No. 17 of the Appendix enclosed with this Decree. In case of refusing to issue the certificate, provide answers and explanations in writing.

The certificate shall be sent in person, through postal services, or electronic means to the address registered by the applicant. If the certificate is sent through electronic means, the certificate shall be in PDF form with digital signatures.

Article 29. Re-issuance and renewal of certificates of establishment registration of providers of domestic violence prevention and combat support services

1. Regulations on the re-issuance of certificates of establishment registration of providers of domestic violence prevention and combat support services:

a) Providers of domestic violence prevention and combat support services shall apply for re-issuance of certificates of establishment registration in case their certificates or lost, torn, or damaged;

b) Providers of domestic violence prevention and combat support services shall submit applications for the re-issuance in person, through postal services, or electronic means to certificate issuance authorities following Form No. 15 of the Appendix enclosed with this Decree;

c) In case of invalid applications, the receiving authority shall instruct the completion of such applications after receiving them in person. Regarding invalid applications sent through postal services or electronic means, within 1 working day after receiving such applications, the receiving authority shall send written notifications to applicants for them to amend such applications;

d) Within 3 working days after receiving the valid applications, competent authorities shall re-issue certificates of establishment registration to providers of domestic violence prevention and combat support services following Form No. 17 of the Appendix enclosed with this Decree. In case of refusing to re-issue the certificate, provide answers and explanations in writing.

The certificates shall be sent in person, through postal services, or electronic means to the addresses registered by applicants. If the certificates are sent through electronic means, they shall be in PDF form with digital signatures.

2. Regulations on the renewal of certificates of establishment registration of providers of domestic violence prevention and combat support services:

a) A provider of domestic violence prevention and combat support services shall apply for the renewal of the certificate of establishment registration in the following cases: (1) changes to the head; (2) changes to the address; (3) changes to the operational contents and scope;

b) An application for the renewal of a certificate of establishment registration includes: (1) regarding the case of changes to the head, comply with Point d Clause 1 Article 28 of this Decree; (2) the application shall follow Form No. 15 of the Appendix enclosed with this Decree. The applicant shall be submitted in person, through postal services, or electronic means. In case of submission via electronic means, components of the application shall be in the form of a photocopy (from the original) or PDF with digital signatures. Documents shall be named corresponding to the names of the enclosed papers and documents;

c) Procedures for the renewal of the certificate of establishment registration shall comply with Clause 2 Article 28 of this Decree. The renewed certificate of establishment registration shall follow Form No. 17 of the Appendix enclosed with this Decree.

The certificate shall be sent in person, through postal services, or electronic means to the address registered by the applicant. If the certificate is sent through electronic means, the certificate shall be in PDF form with digital signatures.

Article 30. Revocation of certificates of operation registrations of providers of domestic violence prevention and combat support services

1. A provider of domestic violence prevention and combat support services shall have its certificate of operation registration revoked in the following cases:

a) The certificate of operation registration has been renewed;

b) The provider changes its operational purposes;

c) The certificate of operation registration is issued contrary to laws;

d) The provider is dissolved or terminates its operations;

dd) The provider does not operate 12 months after the issuance of the certificate.

2. Authorities of culture, sports, and tourism of People’s Committees of provinces that issue certificates of operation registration to providers of domestic violence prevention and combat support services are competent to revoke such certificates.

3. Procedures for revoking certificates of establishment registration:

a) Regarding cases prescribed in Points a and b Clause 1 of this Article, the revocation shall be carried out after the re-issuance or renewal;

b) Regarding the case prescribed in Point b Clause 1 of this Article, the revocation shall be carried out immediately;

c) Regarding cases prescribed in Points c and dd Clause 1 of this Article, certificates shall be revoked after 15 days from the date the violation is detected and the provider fails to provide any explanation. If the explanation is approved by the competent authority, within 6 months, the provider shall rectify its violation.

The revocation shall be made into a document following Form No. 18 of the Appendix enclosed with this Decree.

Chapter V

STATE BUDGET EXPENDITURES ON DOMESTIC VIOLENCE PREVENTION AND COMBAT

Article 31. State budget allocation and estimate

1. The state budget for domestic violence prevention and combat shall be allocated in the annual budget estimate of socio-political authorities and organizations with assigned tasks concerning domestic violence prevention and combat according to state budget laws and current state budget regulations.

2. Public service providers with assigned tasks concerning domestic violence prevention and combat may proactively use assigned financial sources autonomously for domestic violence prevention and combat; the state budget shall be allocated according to the law on financial autonomy mechanisms of public service providers.

Article 32. Management, use, and settlement of state budget

1. Socio-political authorities and organizations with assigned tasks concerning domestic violence prevention and combat shall prepare the estimate and comply with the budget, accounting, and settlement according to state budget laws.

2. The use of the state budget for domestic violence prevention and combat shall comply with the norms, standards, and regulations promulgated by competent state authorities and be within the assigned state budget expense.

3. The expenditures prescribed in this Decree are the maximum expenditures for socio-political authorities and organizations to prepare expense estimates for domestic violence prevention and combat. Heads of central socio-political authorities and organizations and People's Committees of provinces shall decide the specific expenditures, ensuring that they do not exceed the ones prescribed in this Decree for thrift, effectiveness, and conformity with the state budget capacity.

4. Regarding expenditures on domestic violence prevention and combat unprescribed in this Decree, comply with the expenditures prescribed in relevant legislative documents.

5. Expenditures on allowances for officials and public employees in meetings, conferences, and seminars as prescribed in Articles 34, 35, and 41 of this Decree shall end during the renovation of salary regulations according to Resolution No. 27-NQ/TW dated May 21, 2018 of the XII CPV Central Committee.

Article 33. Expenditures on information, communications, and education

1. Expenditures on information, communications, and education through conferences, seminars, training, and thematic talks: comply with regulations on fees and expenditures on conferences of the Minister of Finance of Vietnam.

2. Expenditures on information, communications, and education on mass media: expenditures and royalties for development of news, reports, and talks on domestic violence prevention and combat shall comply with regulations of the Government of Vietnam on expenditures on royalties in press and publication.

3. Expenditures on information, communications, and education through loudspeakers shall comply with regulations of the Government of Vietnam on expenditures on royalties and remunerations for works of cinematography, fine art, photography, theatre, and other types of performing arts.

4. Expenditures on production and distribution of banners, hoardings, posters, and promotional paintings: carry out following invoices and receipts and comply with bidding laws.

5. Expenditures on the organization of performances of arts and skits in communities:

a) Allowances for new program training: Up to 100.000 VND per person per session; the maximum number of training sessions for a program is 10;

b) Allowances for performance programs: Up to 100.000 VND per person;

c) Allowances for MCs: Up to 500.000 VND per session;

d) Expenditures on gasoline, vehicle rental, photos of documents, devices, tools, and other rentals shall be based on contracts, invoices, receipts, local market prices, and laws.

6. Expenditures on the organization of strategies for communications in communities:

a) Expenditures on script development: Up to 1.000.000 VND per script

b) Allowances for MCs: Up to 500.000 per person per session;

c) Expenditures on allowances for people directly participating in strategies for communications in communities: Up to 100.000 per person per session;

d) Art performances according to Clause 5 of this Article;

dd) Expenditures on gasoline, vehicle rental, photos of documents, devices, tools, and other rentals shall be based on contracts, invoices, receipts, local market prices, and laws.

7. Expenditures on the compilation of sample documents to disseminate and universalize knowledge and skills in preventing and combating domestic violence: Comply with regulations of the Minister of Finance of Vietnam on the contents and expenditures on the development of training programs and compilation of textbooks for learning subjects of higher and vocational education.

Article 34. Expenditures on competitions for study on domestic violence prevention and combat

1. Compilation of question papers and answer keys: Up to 2.000.000 VND per question paper enclosed with answer keys.

2. Allowances for marking, Board of Judges, and disclosure of competition results: Up to 500.000 VND per person per session.

3. Allowances for members of the Organization and Secretary Committees of the competition: Up to 350.000 VND per person per session.

4. Expenditures on prizes:

Each competition shall have up to 1 first prize, 2 second prizes, 3 third prizes, and 3 encouragement prizes, expenditures on the mentioned prizes are as follows:

a) Expenditures on the first prize: Collective prize organized by central authorities: 30.000.000 VND per prize, organized by provincial authorities: 20.000.000 VND per prize, organized by district-level authorities: 10.000.000 VND per prize, and organized by commune-level authorities: 5.000.000 VND per prize. Individual prize organized by central authorities: 20.000.000 VND per prize, organized by provincial authorities: 10.000.000 VND per prize, organized by district-level authorities: 5.000.000 VND per prize, and organized by commune-level authorities: 2.500.000 VND per prize;

b) Expenditures on second prizes: Collective prizes organized by central authorities: 20.000.000 VND per prize, organized by provincial authorities: 10.000.000 VND per prize, organized by district-level authorities: 5.000.000 VND per prize, and organized by commune-level authorities: 2.500.000 VND per prize; Individual prizes organized by central authorities: 10.000.000 VND per prize, organized by provincial authorities: 5.000.000 VND per prize, organized by district-level authorities: up to 2.500.000 VND per prize, and organized by commune-level authorities: 1.250.000 VND per prize;

c) Expenditures on third prizes: Collective prizes organized by central authorities: 10.000.000 VND per prize, organized by provincial authorities: 5.000.000 VND per prize, organized by district-level authorities: 2.500.000 VND per prize, and organized by commune-level authorities: 1.250.000 VND per prize. Individual prizes organized by central authorities: 5.000.000 VND per prize, organized by provincial authorities: 2.500.000 VND per prize, organized by district-level authorities: up to 1.250.000 VND per prize, and organized by commune-level authorities: 700.000 VND per prize;

d) Expenditures on encouragement prizes: Collective prizes organized by central authorities: 5.000.000 VND per prize, organized by provincial authorities: 3.000.000 VND per prize, organized by district-level authorities: 1.500.000 VND per prize, and organized by commune-level authorities: 750.000 VND per prize. Individual prizes organized by central authorities: 2.500.000 VND per prize, organized by provincial authorities: 1.250.000 VND per prize, organized by district-level authorities: up to 700.000 VND per prize, and organized by commune-level authorities: 350.000 VND per prize.

5. Expenditures on meals, accommodations, and traveling for members of the organizing committee and members of the competition council during competition days shall comply with the regulations of the Minister of Finance of Vietnam on fees and expenditures on conferences.

6. Provision of financial support for meals, accommodation, and traveling for candidates of the competition (including training and competition days, up to 10 days), application of expenditures on financial support for meals and rest for delegates not receiving salaries according to the regulations of the Minister of Finance of Vietnam on fees and expenditures on conferences. Those who have received the mentioned support shall not receive any payment at their agencies or units.

7. Expenditures on MC hire: Up to 2.000.000 VND per person per session;

8. Expenditures on hall and equipment for state competition rentals shall be based on contracts, invoices, and receipts.

9. Expenditures on art performance artist hire:

a) Individuals: Up to 300.000 per person per performance;

b) Collectives: Up to 5.000.000 VND per collective per performance and up to 300.000 per person per collective performance.

10. Expenditures on reports on the competition results:

a) Central competition: Up to 5.000.000 VND per report;

b) Provincial competition: Up to 3.000.000 VND per report;

c) District-level competition: Up to 2.000.000 VND per report;

d) Grassroots competition: Up to 1.000.000 VND per report;

11. Expenditures on press releases on the competition:

a) Expenditures on press release development: Up to 1.000.000 VND per release;

b) Expenditures on remunerations of press journalists invited to the press conference: Up to 100.000 VND per person per press conference;

c) Expenditures for the person in charge of the press conference: Up to 300.000 VND per press conference;

d) Expenditures on persons answering questions from journalists at the press conference: Up to 200.000 VND per person per press conference.

Article 35. Expenditures on development and implementation of domestic violence prevention and combat models

1. Expenditures on research on the development of domestic violence prevention and combat models shall comply with laws regarding the contents and expenditures on the implementation of activities of researching, investigating, surveying, and assessing.

2. Expenditures on draft models: Up to 20.000.000 VND per model.

3. Expenditures on persons participating in the implementation of models shall be based on the actual number of participated days and up to 100.000 VND per person per day or up to 2.000.000 VND per person per month in case of fund assignment.

4. Other expenditures shall be based on actual situations, invoices, receipts, and relevant laws.

Article 36. Expenditures on domestic violence prevention and combat counseling

1. Expenditures on the establishment of counseling departments and divisions: phones, computers, devices, and supplies prescribed by laws.

2. Expenditures on the compilation of new documents; amendments and updates on documents in conformity with the counseling contents according to the regulations of the Minister of Finance of Vietnam.

3. Expenditures on remunerations for counselors according to labor and working contracts shall be based on agreements according to the productivity, quality, and efficiency of work and the law on salaries and remunerations.

4. Expenditures on electricity, water, stationery, and photocopies of documents for counseling shall be based on invoices, receipts, and local market prices but shall not exceed 5.000.000 VND per month per facility.

Article 37. Expenditures on domestic violence education and control

1. Expenditures on the compilation of documents for domestic violence education and control shall comply with regulations of the Minister of Finance of Vietnam on the contents and expenditures on the development of training programs and compilation of textbooks for learning subjects of higher and vocational education.

2. Expenditures on the compilation of sets of multiple-choice questions to identify acts of domestic violence and assess the knowledge and skills in controlling domestic violence acts; skills in responding to domestic violence (drafting questions; reviewing, selecting, and entering questions into a standardized question bank managed on computer software) shall comply with the regulations of the Minister of Finance of Vietnam on the management of budget for the preparation, organization, and participation in exams applicable to general education.

3. Expenditures on the dissemination of laws directly to perpetrators shall comply with the law on management, use, and settlement of the state budget for the assurance of law education and dissemination and access to laws of people at the grassroots level.

Article 38. Expenditures on support for domestic violence victims

1. Support for parts of the costs of psychological counseling and provision of skills in responding to domestic violence shall be decided by Provincial People’s Committees for domestic violence victims and perpetrators.

2. Support for essential needs during protective orders shall comply with regulations applicable to social protection beneficiaries.

3. In case the domestic violence victim with health damage is cared for and treated at a medical examination and treatment facility, the payment of the cost of medical services shall comply with the Law on Medical Examination and Treatment.

Article 39. Expenditures on compensation for damage to health, life, and assets for individuals participating in domestic violence prevention and combat

1. Expenditures on compensation for damage to health and life for individuals participating in domestic violence prevention and combat:

a) Individuals participating in domestic violence prevention and combat who are also contributing to social insurance shall receive payments from the Health Insurance Fund according to health insurance laws; the Health Insurance Fund shall pay allowances for occupational accidents, pensions, and death allowances according to social insurance and occupational safety and hygiene laws;

b) Individuals participating in domestic violence prevention and combat shall receive payments for benefits from their employers according to the law on occupational safety and hygiene;

c) In case individuals participating in domestic violence prevention and combat other beneficiaries, they shall receive support according to policies on emergency social support or be cared for and nurtured in communities according to social support laws.

2. Expenditures on compensation for damage to assets for individuals participating in domestic violence prevention and combat:

a) An individual participating in domestic violence prevention and combat shall receive compensation for damage to his/her assets if he/she receives such damage while preventing domestic violence acts and the concerned perpetrator is incapable of compensating the damage;

b) The President of the People’s Committee of the district where domestic violence acts take place shall establish a Council for determining support for the damage to individuals participating in domestic violence prevention and combat. The composition of the Council shall be decided by the President of the mentioned People’s Committee.

Article 40. Expenditures on the development of network of population collaborators participating in domestic work and domestic violence prevention and combat

1. Population collaborators participating in domestic work and domestic violence prevention and combat in communities shall receive monthly allowances and benefits prescribed by Provincial People’s Committees and covered by local budgets.

2. Annually, authorities of culture, sports, and tourism shall organize professional advanced training in domestic work and domestic violence prevention and combat for population collaborators participating in domestic work and domestic violence prevention and combat. Expenditures shall comply with the regulations of the Minister of Finance of Vietnam on the preparation of estimates and management and use of funding from the state budget for training and advanced training for officials.

3. Population collaborators participating in domestic work and domestic violence prevention and combat may participate in regional and inter-regional competitions, conferences, and seminars to exchange work experience and be eligible for policies according to domestic violence prevention and combat laws and relevant laws.

4. Each population collaborator participating in domestic violence prevention and combat shall be equipped with tools in conformity with his/her conditions and local financial capacity to carry out domestic violence prevention and combat tasks.

Article 41. Expenditures on inter-sectoral and preliminary and final operations

1. Expenditures on meetings and conferences for the implementation of tasks, preliminary and final reviews, and professional training in domestic violence prevention and combat:

a) Expenditures on allowances for delegates: Up to 100.000 per person per session;

b) Expenditures on thematic report development: Up to 8.000.000 VND per report;

c) Expenditures on preliminary report development: Up to 10.000.000 VND per report;

d) Expenditures on final report development: Up to 12.000.000 VND per report;

dd) Expenditures on the writing of written discussions and proceedings of preliminary and final conferences: Up to 2.000.000 VND per paper;

e) Expenditures on stationery, printing of documents, and other relevant expenditures shall comply with the regulations of the Minister of Finance of Vietnam on expenditures on conferences.

2. Expenditures on inspection and supervision of working programs and plans; organization of regional and inter-regional activities of exchanging experiences in domestic violence prevention and combat shall comply with the regulations of the Minister of Finance of Vietnam on fees and expenditures on conferences.

Chapter VI

IMPLEMENTATION

Article 42. Entry into force

1. This Decree comes into force as of December 25, 2023.

2. Decree No. 08/2009/ND-CP dated February 4, 2009 of the Government of Vietnam expires as of the effective date of this Decree.

Article 43. Transitional provision

1. Facilities providing domestic violence prevention and combat counseling and support for domestic violence victims established under domestic violence prevention and combat laws before the effective date of this Decree may continue to operate without performing the procedure for establishment registration and registration of operational contents and scope.

2. Facilities providing domestic violence prevention and combat counseling and support for domestic violence victims established under domestic violence prevention and combat laws before the effective date of this Decree when making any changes to their information after the effective date of this Decree shall comply with this Decree.

3. Facilities of domestic violence prevention and combat established under regulations other than domestic violence prevention and combat laws shall carry out the registration procedure of this Decree within 18 months from the effective date of this Decree.

Article 44. Implementation

Island districts without commune-level authorities shall carry out tasks of entitlements prescribed by domestic violence prevention and combat laws for commune-level authorities performed by district-level authorities within such island districts.

Article 45. Implementation responsibilities

1. The Ministry of Culture, Sports and Tourism of Vietnam shall:

a) Organize and instruct the implementation of this Decree;

b) Review, research, develop, amend, and supplement legislative documents and relevant documents concerning domestic violence prevention and combat;

c) Develop plans to implement inter-sectoral cooperation in domestic violence prevention and combat;

d) Consolidate domestic violence prevention and combat models in communities;

dd) Develop and operate a Hotline;

e) Provide advanced training in knowledge and skills in preventing and combating domestic violence for lecturers, reporters, and counselors at the national and provincial levels;

g) Organize private mobilization and receive resources for domestic violence prevention and combat;

h) Promptly provide commendations within its jurisdiction or request competent authorities to commend collectives and individuals in domestic violence prevention and combat.

2. The Ministry of Finance of Vietnam shall balance and allocate the state budget for domestic violence prevention and combat according to state budget laws.

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

a) Take charge and complete law policies on social support for domestic violence victims; persons participating in domestic violence prevention and combat;

b) Integrate tasks of domestic violence prevention and combat as prescribed by laws into the prevention and combat against gender-based violence and child violence in the domestic environment;

c) Integrate the receipt and handling of notifications and denunciations of domestic violence against children in the operations of the National Hotline for the Protection of Children.

4. The Ministry of Public Security of Vietnam shall take charge, review, and complete the law on handling of violations of domestic violence prevention and combat laws.

5. The Ministry of Information and Communications of Vietnam shall take charge of issuing short phone numbers with 3 digits to be used as the hotline, provide guidelines on the operations of the hotline, and ensure cyber information safety and security concerning domestic violence prevention and combat.

6. The People’s Committees of provinces shall:

a) Carry out local implementation based on the functions and tasks assigned in the Law on Prevention and Combat against Domestic Violence and this Decree;

b) Issue programs, plans, projects, and schemes for domestic violence prevention and combat; allocate resources for the implementation of tasks of domestic violence prevention and combat;

c) Direct People’s Committees of districts and communes to prioritize resources for the implementation of tasks of domestic violence prevention and combat in their areas and the development of trusted addresses in communities;

d) Develop staff of population collaborators participating in domestic violence prevention and combat; organize advanced training and updates on knowledge and skills in preventing and combating domestic violence for reporters and counselors under their management;

dd) Create favorable conditions for other facilities participating in domestic violence prevention and combat and facilities providing domestic violence prevention and combat support services to operate in their areas;

e) Promptly provide commendations within their jurisdiction or request competent authorities to commend collectives and individuals in domestic violence prevention and combat.

g) Take responsibility for local domestic violence prevention and combat (applicable to Presidents of Provincial People's Committees).

Ministers, Directors of ministerial agencies, Directors of Government’s affiliates, Presidents of the People’s Committees of provinces shall implement this Decree./.

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