Chương II Nghị định 76/2023/NĐ-CP : Tiếp nhận, xử lí tin báo , tố giác về hành vi bạo lực gia đình

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.