Decree 76/2023/ND-CP detailing a number of articles of the Law on Domestic Violence Prevention and Control

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Decree No. 76/2023/ND-CP dated November 1, 2023 of the Government detailing a number of articles of the Law on Domestic Violence Prevention and Control
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Official number:76/2023/ND-CPSigner:Tran Hong Ha
Type:DecreeExpiry date:Updating
Issuing date:01/11/2023Effect status:
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Fields:Marriage and family , Policy

SUMMARY

Obstructing an ex-husband or wife from getting married is an act of domestic violence

On November 1, 2023, the Government issues Decree No. 76/2023/ND-CP detailing a number of articles of the Law on Domestic Violence Prevention and Control. Bellows are a number of remarkable contents of this Decree:

1. Acts of domestic violence that are committed between divorcees or by cohabiting persons, including:

  • Disclosing or spreading information about the private life, personal secrets and family secrets of others for the purpose of offending their honor and dignity.
  • Obstructing marriage.
  • Preventing others from meeting their relatives or from having lawful and healthy social relations, or committing other acts for the purpose of isolating or exerting constant psychological pressure on others.
  • Preventing the exercise of rights and performance of obligations in family relations between grandparents and grandchildren; between parents and children; and between siblings, etc.

2. A person who is executing a contact prohibition decision may, if wishing to contact a domestic violence victim, contact such victim in 03 cases:

  • His/her family has wedding- or funeral-related affairs;
  • His/her family has someone who suffers an accident or a serious illness and needs care;
  • For him/her to participate in the remediation of consequences of a disaster, fire or epidemic.

- A person who is executing a contact prohibition decision shall, if wishing to contact a domestic violence victim, send a notice made according to Form to the person assigned to supervise the execution of the contact prohibition decision.

- The contact may only be made after the notice has been sent and the person assigned to supervise the execution of the contact prohibition decision signs the notice of contact with the domestic violence victim. The contact duration must not exceed 4 hours.

This Decree takes effect on December 25, 2023.
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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 76/2023/ND-CP

 

Hanoi, November 1, 2023

DECREE

Detailing a number of articles of the Law on Domestic Violence Prevention and Control[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 14, 2022 Law on Domestic Violence Prevention and Control;

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

The Government promulgates the Decree detailing a number of articles of the Law on Domestic Violence Prevention and Control.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details 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; and Clause 3, Article 42, of the Law on Domestic Violence Prevention and Control.

Article 2. Acts of domestic violence that are committed between divorcees

1. The acts specified at Points a, b, c and k, Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control.

2. Forcing others to leave their lawful residences in contravention of law.

3. Disclosing or spreading information about the private life, personal secrets and family secrets of others for the purpose of offending their honor and dignity.

4. Preventing others from meeting their relatives or from having lawful and healthy social relations, or committing other acts for the purpose of isolating or exerting constant psychological pressure on others.

5. Preventing the exercise of rights and performance of obligations in family relations between grandparents and grandchildren; between parents and children; and between siblings.

6. Obstructing marriage.

Article 3. Acts of domestic violence that are committed by cohabiting persons

1. The acts specified at Points a, b, c, k and m, Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control.

2. Forcing sexual intercourse against the will of others.

3. Isolating or detaining others.

4. Forcing others to leave their lawful residences in contravention of law.

5. Practicing stigma or discrimination against others regarding their body, gender, sex and capacity.

6. Disclosing or spreading information about the private life, personal secrets and family secrets of others for the purpose of offending their honor and dignity.

7. Preventing others from meeting their relatives or from having lawful and healthy social relations, or committing other acts for the purpose of isolating or exerting constant psychological pressure on others.

8. Preventing the exercise of rights and performance of obligations in family relations between grandparents and grandchildren; between parents and children; and between siblings.

9. Ignoring, or paying no attention to, others.

10. Forcing or obstructing marriage.

11. Forcing others to study or work or to make financial contributions beyond their ability; controlling property and income of others for the purpose of creating material or spiritual dependence.

Article 4. Acts of domestic violence that are committed by parents, stepchildren or siblings of divorcees or of cohabiting persons

1. The acts specified at Points a, b and c, Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control.

2. Preventing others from meeting their relatives or from having lawful and healthy social relations, or committing other acts for the purpose of isolating or exerting constant psychological pressure on others.

3. Preventing the exercise of rights and performance of obligations in family relations between grandparents and grandchildren; between parents and children; and between siblings.

Article 5. Acts of domestic violence that are committed by persons who used to be adoptive parents and adopted children

1. The acts specified at Points a, b, c and k, Clause 1, Article 3 of the Law on Domestic Violence Prevention and Control.

2. Forcing others to leave their lawful residences in contravention of law.

3. Disclosing or spreading information about the private life, personal secrets and family secrets of others for the purpose of offending their honor and dignity.

Article 6. Protection and confidentiality of information upon receiving and processing information and denunciations about acts of domestic violence

1. Information about persons who provide information about, and denounce, acts of domestic violence and information about the private life, personal secrets and family secrets of domestic violence victims shall be protected and kept confidential in accordance with the law on domestic violence prevention and control and other relevant laws.

2. Agencies, organizations and individuals shall:

a/ Before publicizing information about persons who provide information about, or denounce, acts of domestic violence, obtain the written consent of such persons; a written consent to publicization of information about persons who provide information about, or denounce, acts of domestic violence shall be made according to Form No. 01 provided in the Appendix to this Decree;

b/ Before publicizing information about the private life, personal secrets and family secrets of domestic violence victims, obtain the written consent of such victims or their guardians or legal representatives; a written consent to the publicization of information about domestic violence victims shall be made according to Form No. 02 provided in the Appendix to this Decree.

 

Chapter II

RECEIPT AND PROCESSING OF INFORMATION AND DENUNCIATIONS ABOUT ACTS OF DOMESTIC VIOLENCE

Article 7. The national telephone exchange for domestic violence prevention and control

1. The national hotline for domestic violence prevention and control (below referred to as the National Hotline) uses a 3-digit telephone number for receiving and processing information and denunciations about acts of domestic violence.

2. The National Hotline operates round the clock every day to receive information and denunciations about acts of domestic violence and has resources for its operation provided by the State.

3. The National Hotline shall record automatically and pay telecommunications charges for all incoming and outgoing calls.

4. The National Hotline may advertise telephone numbers in accordance with law.

Article 8. Tasks of the National Hotline 

1. To receive information and denunciations about acts of domestic violence from agencies, organizations and individuals.

2. To guide domestic violence victims to show up at competent agencies, organizations and individuals or related agencies, organizations and individuals for the latter to render protection and support.

3. To send information and denunciations to chairpersons of commune-level People’s Committees of the localities where acts of domestic violence are committed. In case of detecting signs of crime, to immediately report them to competent agencies for settlement in accordance with the criminal procedure law.

4. To provide information upon request of competent state agencies or agencies, organizations or persons that directly report or denounce acts of domestic violence.

5. To store, analyze and synthesize information and data; to make reports in accordance with law.

Article 9. Process of receiving and processing information and denunciations about acts of domestic violence through the National Hotline 

1. Domestic violence victims or agencies, organizations and individuals shall, upon detecting acts of domestic violence, make calls to the National Hotline to report and denounce such acts.

2. Persons who receive information and denunciations about acts of domestic violence via the National Hotline shall make a written record of received information according to Form No. 03 provided in the Appendix to this Decree and, at the same time, provide psychological counseling and skills for responding to acts of domestic violence.

3. Immediately after finishing the receipt of information or denunciations about acts of domestic violence, the persons specified in Clause 2 of this Article shall notify such to chairpersons of commune-level People’s Committees of the localities where such acts of domestic violence are committed for settlement in accordance with the law on domestic violence prevention and control.

4. Chairpersons of commune-level People’s Committees who are notified of information and denunciations about acts of domestic violence as specified in Clause 3 of this Article shall process such information and denunciations under Article 11 of this Decree. In case of receiving information and denunciations about acts of domestic violence involving children as victims, they shall process such information and denunciations in accordance with the law on children.

Article 10. Process of receiving and processing information and denunciations about acts of domestic violence via the recipients specified at Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Domestic Violence Prevention and Control

1. Receiving information and denunciations about acts of domestic violence via the recipients specified at Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Domestic Violence Prevention and Control:

a/ When receiving information or denunciations about acts of domestic violence directly from information providers or via phone, the recipients shall make a written record of received information according to Form No. 04 provided in the Appendix to this Decree and, at the same time, provide psychological counseling and skills for responding to acts of domestic violence;

b/ When receiving information or denunciations about acts of domestic violence via messages, petitions or letters, the recipients shall make a written record of received information according to Form No. 05 provided in the Appendix to this Decree.

2. Processing information and denunciations about acts of domestic violence via the recipients specified at Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Domestic Violence Prevention and Control:

a/ Public security offices and border guard stations that receive information and denunciations about acts of domestic violence shall promptly stop and handle such acts according to their competence and, at the same time, notify such acts to chairpersons of commune-level People’s Committees of localities where such acts are committed. In case of receiving information or denunciations about acts of domestic violence involving children as victims, they shall process such information and denunciations in accordance with the law on children;

b/ Immediately after receiving information and denunciations about acts of domestic violence, the recipients specified at Points c, d and dd, Clause 1, Article 19 of the Law on Domestic Violence Prevention and Control shall notify chairpersons of commune-level People’s Committees of localities where such acts are committed and shall participate in stopping acts of domestic violence, supporting and protecting domestic violence victims.

3. Agencies, organizations and individuals that receive information and denunciations about acts of domestic violence shall coordinate with state agencies and competent persons specified by the law on domestic violence prevention and control in verifying such information and denunciations upon requests.

4. Public security offices and border guard stations specified at Point a, Clause 2 of this Article shall notify results of the processing of information and denunciations about acts of domestic violence upon request of agencies, organizations and individuals that report or denounce acts of domestic violence.

Article 11. Responsibilities of chairpersons of commune-level People’s Committees of localities where acts of domestic violence are committed in processing information and denunciations about acts of domestic violence

1. To classify information and denunciations about acts of domestic violence immediately after receiving them, specifically as follows:

a/ To immediately send reports thereon to competent agencies for settlement in accordance with the criminal procedure law in case such acts of domestic violence show signs of crime;

b/ To assign commune-level public security offices to handle cases in which domestic violence victims are children, pregnant women, women nursing under-36-month children, the elderly, people with disabilities, or people who are unable to take care of themselves, or in which acts of domestic violence have caused or are likely to cause harms to the health or life of the victims;

c/ Immediately after receiving information and denunciations about acts of domestic violence or receiving reports on acts of domestic violence from the organizations and individuals specified at Points b, c, d, dd and e, Clause 1, Article 19 of the Law on Domestic Violence Prevention and Control, to process such information and denunciations according to their competence. In the course of processing information and denunciations about acts of domestic violence according to their competence, chairpersons of commune-level People’s Committee shall invite representatives of agencies, organizations and individuals related to domestic violence victims to participate in the processing in order to protect, support, and provide psychological counseling and skills for responding to domestic violence.

2. To coordinate with competent agencies and persons in processing information and denunciations about acts of domestic violence in the case specified at Point a, Clause 1 of this Article.

3. To inspect and evaluate the handling of acts of domestic violence.

4. To provide information about the processing of information and denunciations about acts of domestic violence upon request of competent state agencies or agencies, organizations and individuals that report or denounce acts of domestic violence.

Article 12. Measures to stop acts of domestic violence and protect and support domestic violence victims, for foreigners residing in Vietnam

1. For foreigners residing in Vietnam who are domestic violence victims:

a/ To be provided with temporary shelters and have their essential needs satisfied; to be entitled to medical care and treatment; to be provided with legal aid and psychological and skill counseling for responding to acts of domestic violence under Points d, dd and e, Clause 1, Article 22 of the Law on Domestic Violence Prevention and Control;

b/ The entitlements specified at Point a of this Clause to foreigners residing in Vietnam are similar to those applicable to Vietnamese, unless otherwise provided in treaties to which Vietnam is a contracting party.

2. For foreigners residing in Vietnam who commit acts of domestic violence:

a/ To be subject to the application of measures to force the termination of acts of domestic violence; to be required to show up at commune-level public security offices of the localities where the acts of domestic violence are committed; to be subject to contact prohibition; to be provided with education and support for change of domestic violence behaviors; to receive comments and criticism from residential communities; to perform the community service jobs specified at Points a, b, c, g, h and i, Clause 1, Article 22 of the Law on Domestic Violence Prevention and Control;

b/ To pay expenses for hiring of interpreters for interpretation from Vietnamese into foreign languages or vice versa, hiring of lawyers and hiring of security guards and the expenses specified at Point a, Clause 1 of this Article to domestic violence victims. The payment shall be made under the relevant financial regulations. In case financial regulations have no provision on such payment, the payment shall be made on the basis of actual invoices and payment documents;

c/ The entitlements specified at Point a of this Clause to foreigners residing in Vietnam are similar to those applicable to Vietnamese, unless otherwise provided in treaties to which Vietnam is a contracting party.

3. Foreigners residing in Vietnam who commit acts of domestic violence or who are domestic violence victims may invite representatives of their employers or their legal representatives to participate in the process of taking the measures specified in Clauses 1 and 2 of this Article.

4. Persons competent to decide on measures to stop acts of domestic violence and protect and support domestic violence victims, for foreigners residing in Vietnam, shall monitor, manage and supervise the implementation of the measures applicable to foreigners residing in Vietnam specified in Clause 1, 2 and 3 of this Article.

Article 13. Psychological and skill counseling services for domestic violence victims to respond to domestic violence

1. Psychological and skill counseling services to help respond to acts of domestic violence shall be provided by the establishments specified at Points b, c, d and e, Clause 2, Article 35 of the Law on Domestic Violence Prevention and Control.

2. Psychological and skill counseling services for domestic violence victims to respond to domestic violence shall be provided directly or indirectly.

3. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for formulating and issuing documents on instructions on psychological and skill counseling for responding to domestic violence.

 

Chapter III

CONTACT PROHIBITION UNDER DECISIONS OF CHAIRPERSONS OF COMMUNE-LEVEL PEOPLE’S COMMITTEES

Article 14. Principles applied upon contact prohibition

1. To guarantee interests of domestic violence victims who are children, pregnant women, women nursing under-36-month children, the elderly, people with disabilities, people who are unable to take care of themselves and people undergoing medical treatment.

2. To notify domestic violence victims of sufficient information about their rights and obligations before issuing contact prohibition decisions.

Article 15. Cases of request for contact prohibition

1. Domestic violence victims or their guardians or legal representatives shall request chairpersons of commune-level People’s Committees of localities where acts of domestic violence are committed to issue contact prohibition decisions when seeing that the acts of domestic violence cause harms or threaten to cause harms to the health or threaten the life of domestic violence victims.

2. Competent agencies, organizations and individuals shall request chairpersons of commune-level People’s Committees of localities where acts of domestic violence are committed to issue contact prohibition decisions when seeing that such acts of domestic violence cause harms or threaten to cause harms to the health or threaten the life of domestic violence victims. Requests shall be made with consents of domestic violence victims or their guardians or legal representatives.

3. Chairpersons of commune-level People’s Committees shall themselves issue contact prohibition decisions under Point b, Clause 1, Article 25 of the Law on Domestic Violence Prevention and Control.

Article 16. Forms of requests for contact prohibition

1. Requests for contact prohibition shall be made directly or sent by post or electronically.

2. For the case specified in Clause 2, Article 15 of this Decree, requests for contact prohibition shall be made according to Form No. 06 provided in the Appendix to this Decree. The form of request does not apply to the cases specified in Clauses 1 and 3, Article 15 of this Decree.

Article 17. Contact prohibition decisions

1. Chairpersons of commune-level People’s Committees shall, pursuant to Articles 15 and 16 of this Decree, issue contact prohibition decisions. Chairpersons of commune-level People’s Committees shall issue contact prohibition decisions upon request specified in Clause 1 or 2, Article 15 of this Decree, which shall be made according to Form No. 07 provided in the Appendix to this Decree. If refusing to issue such a decision, they shall make a written reply, clearly stating the reason. Chairpersons of commune-level People’s Committees shall themselves issue contact prohibition decisions, which shall be made according to Form No. 08 provided in the Appendix to this Decree.

2. The contact prohibition duration must not exceed 3 days for each contact prohibition decision.

Article 18. Contact during the execution of contact prohibition decisions

1. A person who is executing a contact prohibition decision may, if wishing to contact a domestic violence victim, contact such victim in the following cases:

a/ His/her family has wedding- or funeral-related affairs;

b/ His/her family has someone who suffers an accident or a serious illness and needs care;

c/ For him/her to participate in the remediation of  consequences of a disaster, fire or epidemic.

2. A person who is executing a contact prohibition decision shall, if wishing to contact a domestic violence victim under Clause 1 of this Article, send a notice made according to Form No. 09 provided in the Appendix to this Decree to the person assigned to supervise the execution of the contact prohibition decision. The contact may only be made after the notice has been sent and the person assigned to supervise the execution of the contact prohibition decision signs the notice of contact with the domestic violence victim. The contact duration must not exceed 4 hours.

3. A person assigned to supervise the execution of the contact prohibition decision shall immediately notify the chairperson of the commune-level People’s Committee who has issued the contact prohibition decision for the latter to take measures to protect the domestic violence victim.

Article 19. Violation of contact prohibition decisions

1. A person who does not fall into one of the cases specified in Article 18 of this Decree shall be regarded as having violated a contact prohibition decision when falling into one of the following cases:

a/ Approaching the domestic violence victim within a diameter of 100 meters without walls or partitions for safety assurance;

b/ Not approaching the domestic violence victim but using a phone, email, means or tools to commit acts of domestic violence against the person he/she is not allowed to contact.

2. Persons who commit acts of domestic violence and violate contact prohibition decisions shall be subject to the application of measures to put persons in custody according to administrative procedures in order to stop domestic violence in accordance with the law on handling of administrative violations.

Article 20. Cancellation of contact prohibition decisions 

1. The cancellation of a contact prohibition decision under Point a or b, Clause 4, Article 25 of the Law on Domestic Violence Prevention and Control must comply with the following order and procedures:

a/ Competent agencies, organizations and individuals specified at Point a, Clause 1, and Points a and b, Clause 4, Article 25 of the Law on Domestic Violence Prevention and Control shall send a written request, made according to Form No. 10 provided in the Appendix to this Decree, to the chairperson of the commune-level People’s Committee who has issued the contact prohibition decision for cancellation of the contact prohibition decision. The request shall be sent by the mode specified in Clause 1, Article 16 of this Decree;

b/ Within 12 hours after receiving the request, the chairperson of the commune-level People’s Committee shall issue a decision to cancel the contact prohibition decision, which shall be made according to Form No. 11 provided in the Appendix to this Decree. If refusing to cancel such decision, he/she shall make a written reply, clearly stating the reason.

2. The chairperson of a commune-level People’s Committee shall cancel a contact prohibition decision under Point c, Clause 4, Article 25 of the Law on Domestic Violence Prevention and Control in the following cases:

a/ When the domestic violence victim dies;

b/ When the person committing the act of domestic violence dies or has lost his/her civil act capacity;

c/ When there are grounds to believe that the contact prohibition decision is groundless.

3. A decision cancelling a contact prohibition decision takes effect immediately after it is signed and shall be sent to the person committing the act of domestic violence, the domestic violence victim, the head of the commune-level public security office, the chief of the village or the head of the residential quarter where the domestic violence victim resides, the person assigned to supervise the execution of the contact prohibition decision, and the agency, organization or individual competent to request the cancellation of the contact prohibition decision.

Article 21. Right to choose places of residence during the contact prohibition period

1. Domestic violence victims or their guardians or legal representatives have the right to choose places of residence for domestic violence victims during the execution of contact prohibition decisions of chairpersons of commune-level People’s Committees.

2. In case a domestic violence victim cannot choose a place of residence or chooses a place of residence not satisfying the condition specified at Point a, Clause 1, Article 19 of this Decree, Article 28 of the Law on Domestic Violence Prevention and Control shall apply.

 

Chapter IV

OTHER ESTABLISHMENTS ENGAGED IN PROVIDING DOMESTIC VIOLENCE PREVENTION AND CONTROL ASSISTANCE; DOMESTIC VIOLENCE PREVENTION AND CONTROL ASSISTANCE SERVICE PROVIDERS

Article 22. Contents and scope of operation of other establishments engaged in providing domestic violence prevention and control assistance

1. Other establishments engaged in providing domestic violence prevention and control assistance are establishments registered by individuals or organizations on a voluntary basis to provide domestic violence prevention and control assistance.

2. Other establishments engaged in providing domestic violence prevention and control assistance are entitled to preferential policies in accordance with the law on domestic violence prevention and control.

3. Contents of operation of other establishments engaged in providing domestic violence prevention and control assistance:

a/ Participating in public communication and advocacy for domestic violence prevention and control;

b/ Providing resources for domestic violence prevention and control;

c/ Providing domestic violence victims with food, clothing, travel and other cost-of-living expenses;

d/ Providing vocational training and job placement support for domestic violence victims and persons committing acts of domestic violence who are unemployed and need support.

4. Scope of operation of other establishments engaged in providing domestic violence prevention and control assistance:

a/ Individuals and organizations shall register one or more of the contents of operation specified in Clause 3 of this Article;

b/ Individuals and organizations shall register to engage in providing domestic violence prevention and control assistance for their employees and members.

Article 23. Registration of contents and scope of operation of other establishments engaged in providing domestic violence prevention and control assistance

1. Individuals and organizations wishing to be engaged in providing domestic violence prevention and control assistance shall send notices of registration of contents and scope of operation specified in Clauses 3 and 4, Article 22 of this Decree to specialized agencies in charge of culture, sports and tourism of provincial-level People’s Committees of localities where their head offices are located. Such a notice shall be made according to Form No. 12 provided in the Appendix to this Decree.

2. Notices of registration specified in Clause 1 of this Article shall be hand-delivered or sent by post or electronically. In case an individual or organization specified in Clause 1 of this Article sends an electronic notice of registration of contents and scope of operation, such notice shall be made using the format of a photocopy (from the original) or digitally signed PDF format.

3. Specialized agencies in charge of culture, sports and tourism of provincial-level People’s Committees specified in Clause 1 of this Article shall make a confirmation of the receipt of notices of registration of contents and scope of operation according to Form No. 13 provided in the Appendix to this Decree. In case of refusal, they shall make a written reply, clearly stating the reason.

4. Other establishments engaged in providing domestic violence prevention and control assistance may only operate according to the registered contents and scope. In case these establishments operate with contents and scope not specified in Clauses 3 and 4, Article 22 of this Decree, their establishment and operation must comply with regulations applicable to domestic violence prevention and control assistance service providers.

5. Personnel directly participating in the provision of services at other establishments engaged in domestic violence prevention and control shall be entitled to further training in domestic violence prevention and control knowledge and skills under Article 26 of this Decree.

6. Specialized agencies in charge of culture, sports and tourism of provincial-level People’s Committees shall:

a/ Organize further training courses on domestic violence prevention and control knowledge and skills for participants in domestic violence prevention and control at other establishments engaged in providing domestic violence prevention and control assistance;

b/ Inspect operation of other establishments engaged in providing domestic violence prevention and control assistance in accordance with law.

Article 24. Conditions on heads of domestic violence prevention and control assistance service providers

1. Having full civil act capacity, having not yet been examined for penal liability or having not yet been administratively handled for acts of domestic violence, specifically as follows:

a/ Being physically fit as concluded by a competent health establishment in accordance with regulations on health check-ups;

b/ Having not yet been examined for penal liability or having not yet been administratively sanctioned in the field of domestic violence prevention and control.

2. Possessing a university or higher degree in a discipline, group of disciplines or field related to services registered to be provided, specifically as follows:

a/ For a domestic violence prevention and control counselling service provider: Its head must possess a university or higher degree in teacher training, health, psychology, law, sociology or social work;

b/ For a provider of temporary shelter services to domestic violence victims: Its head must possess a university or higher degree;

c/ For a provider of services on education and support for change of domestic violence behaviors: Its head must possess a university or higher degree in teacher training, health, psychology, law or social work;

d/ For a provider of healthcare and mental illness prevention services for domestic violence victims: Its head must possess a university or higher degree in teacher training, health, psychology, sociology or social work;

dd/ For a provider of other services related to domestic violence prevention and control: Its head must possess a university or higher degree in a discipline, group of disciplines or field relevant to the services to be provided.

3. In case an establishment registers to provide more than one of the services specified in Clause 1, Article 40 of the Law on Domestic Violence Prevention and Control, its head must satisfy the conditions specified in Clause 1 and possess at least one of the degrees specified at Points a, c, d and dd, Clause 2 of this Article.

Article 25. Competence to organize further training courses on domestic violence prevention and control knowledge and skills under Point b, Clause 2, Article 40 of the Law on Domestic Violence Prevention and Control

1. State agencies competent to organize further training courses on domestic violence prevention and control knowledge and skills specified at Point b, Clause 2, Article 40 of the Law on Domestic Violence Prevention and Control include the Ministry of Culture, Sports and Tourism and provincial-level People’s Committees.

2. Every year, the state agencies specified in Clause 1 of this Article shall issue plans on further training in domestic violence prevention and control knowledge and skills and post them on their portals.

3. Establishments permitted by state agencies to organize further training in domestic violence prevention and control knowledge and skills are those specified in plans on further training in domestic violence prevention and control knowledge and skills issued by the state agencies specified in Clause 1 of this Article.

4. The establishments specified in Clause 3 of this Article shall, after completing training courses, issue certificates to trainees according to Form No. 14 provided in the Appendix to this Decree.

Article 26. Contents of further training in domestic violence prevention and control knowledge and skills

1. Personnel directly providing counselling on domestic violence prevention and control shall be entitled to further training in legal knowledge about domestic violence prevention and control; identification of acts of domestic violence; skills for responding to domestic violence; and domestic violence prevention and control counseling knowledge and skills.

2. Personnel directly providing temporary shelter services and other essentials for domestic violence victims are entitled to further training in legal knowledge about domestic violence prevention and control; identification of acts of domestic violence; skills for responding to domestic violence; and skills to stop acts of domestic violence.

3. Personnel directly providing education and support for change of domestic violence behaviors are entitled to further training in legal knowledge about domestic violence prevention and control; identification of acts of domestic violence; anger control skills; skills to control acts of violence; and family relationship building skills.

4. Personnel directly providing healthcare and mental illness prevention for domestic violence victims are entitled to further training in legal knowledge about domestic violence prevention and control; identification of acts of domestic violence; knowledge and skills for caring for domestic violence victims; and knowledge and skills on psychotherapy and mental healthcare for domestic violence victims.

5. Personnel carrying out other activities related to domestic violence prevention and control are entitled to further training in legal knowledge about domestic violence prevention and control; identification of acts of domestic violence; and knowledge and skills related to services to be provided.

6. Persons possessing certificates of further training in domestic violence prevention and control knowledge and skills specified in Clauses 1, 2, 3, 4 and 5 of this Article shall, after 5 years, participate in further training courses to update and supplement domestic violence prevention and control knowledge and skills relevant to the fields in which they work.

Article 27. Requirements on physical foundations and locations for providers of temporary shelters or services on education and support for change of domestic violence behaviors

1. Requirements on physical foundations:

a/ Providers of temporary shelters for domestic violence victims must have such essentials as beds, mats, blankets, mosquito nets, lighting systems, cooling fans, telephones, closed toilets, and doors with locks, and meet other requirements under the regulations on construction, security and order;

b/ Providers of services on education and support for change of domestic violence behaviors must have hygienic and safe places for service provision under regulations on construction and fire prevention and fighting, and have equipment suitable to services to be provided.

2. Requirements on locations: Providers of temporary shelters or providing services on education and support for change of domestic violence behaviors must have their head offices for operation or transaction. Such head offices must be those stated in their establishment registration certificates.

Article 28. Grant of establishment registration certificates for domestic violence prevention and control assistance service providers

1. A dossier for grant of an establishment registration certificate for a domestic violence prevention and control assistance service provider must comprise:

a/ An application for an establishment registration certificate for a domestic violence prevention and control assistance service provider, made according to Form No. 15 provided in the Appendix to this Decree;

b/ A draft operation regulation of the domestic violence prevention and control assistance service provider;

c/ A service price list (if any);

d/ For the provider’s head, the following papers are required: (1) a health certificate issued by a competent health establishment under regulations on health check-ups; (2) a notarized or certified copy of his/her university or higher degree in the discipline or specialty related to services registered to be provided; (3) notarized or certified copies of other diplomas and certificates related to services registered to be provided; and (4) a commitment that he/she has neither been examined for penal liability nor administratively sanctioned in the field of domestic violence prevention and control, made according to Form No. 16 provided in the Appendix to this Decree;

dd/ For personnel directly engaged in providing domestic violence prevention and control assistance services, the following papers are required: (1) a health certificate issued by a competent health establishment under regulations on health check-ups; (2) a notarized or certified copy of his/her upper secondary or higher degree; (3) notarized or certified copies of degrees related to services registered to be provided; and (4) a notarized or certified copy of his/her certificate of further training in domestic violence prevention and control knowledge and skills;

e/ An agency, organization or individual registering the establishment of a domestic violence prevention and control assistance service provider shall hand-deliver or send by post or electronically 1 (one) dossier to the specialized agency in charge of culture, sports and tourism of the provincial-level People’s Committee of the locality where its head office is located to request grant of an establishment registration certificate.

In case of sending the dossier electronically, the dossier must comprise the documents included in a paper dossier (photocopies from the originals) or in digitally signed PDF format. Titles of electronic documents must be equivalent to those of the accompanying documents.

2. Order and procedures for grant of an establishment registration certificate for a domestic violence prevention and control assistance service provider:

a/ In case the dossier of application for a certificate is invalid, within 5 working days after receiving it, the dossier-receiving agency shall notify such in writing to the applicant for completion of the dossier;

b/ In case the dossier of application for a certificate is valid, within 10 working days after receiving it, the dossier-receiving agency shall grant an establishment registration certificate, made according to Form No. 17 provided in the Appendix to this Decree, to the domestic violence prevention and control assistance service provider. In case of refusal to grant such a certificate, such agency shall make a written reply, clearly stating the reason.

The certificate shall be hand-delivered or sent by post or electronically to the applicant’s registered address. To be sent by electronic means, the certificate must be in digitally signed PDF format.

Article 29. Re-grant and renewal of establishment registration certificates for domestic violence prevention and control assistance service providers

1. Re-grant of an establishment registration certificate for a domestic violence prevention and control assistance service provider:

a/ A domestic violence prevention and control assistance service provider shall request re-grant of its establishment registration certificate in case such certificate is lost, torn or damaged;

b/ A domestic violence prevention and control assistance service provider shall send a written request for certificate re-grant by hand-delivery, made according to Form No. 15 provided in the Appendix to this Decree, by post or electronically to the agency competent to grant certificates;

c/ In case the dossier for re-grant of an establishment registration certificate for a domestic violence prevention and control assistance service provider is invalid, the dossier-receiving agency shall, upon receiving the dossier directly from the applicant, guide the latter to complete the dossier. For a request sent by post or electronically, within 1 day after receiving the dossier, the dossier-receiving agency shall notify in writing the invalidity of the dossier to the applicant to complete the dossier;

d/ Within 3 working days after receiving a valid dossier, the competent agency shall re-grant an establishment registration certificate, made according to Form No. 17 provided in the Appendix to this Decree, to the domestic violence prevention and control assistance service provider. In case of refusal to re-grant a certificate, the dossier-receiving agency shall make a written reply, clearly stating the reason.

The certificate shall be hand-delivered or sent by post or electronically to the applicant’s registered address. To be sent by electronic means, the certificate must be in digitally signed PDF format.

2. Renewal of an establishment registration certificate for a domestic violence prevention and control assistance service provider:

a/ A domestic violence prevention and control assistance service provider shall request renewal of its establishment registration certificate in the following cases: (1) change of its head; (2) change of its address; and (3) change of the content or scope of its operation;

b/ A dossier of request for renewal of an establishment registration certificate for a domestic violence prevention and control assistance service provider must comprise: (1) the documents specified at Point d, Clause 1, Article 28 of this Decree, in case of change of the establishment’s head; and (2) a request for renewal of an establishment registration certificate, made according to Form No. 15 provided in the Appendix to this Decree. The dossier shall be sent by hand-delivery, post or electronic means. In case the dossier is sent electronically, it must comprise the documents similar to those in case the dossier is hand-delivered (photocopies from the originals) or those in digitally signed PDF format. Titles of such documents must be equivalent to those of accompanying papers and documents;

c/ Order and procedures for renewal of an establishment registration certificate for a domestic violence prevention and control assistance service provider must comply with Clause 2, Article 28 of this Decree. A renewed certificate shall be made according to Form No. 17 provided in the Appendix to this Decree.

The certificate shall be hand-delivered or sent by post or electronically to the applicant’s registered address. To be sent by electronic means, the certificate must be in digitally signed PDF format.

Article 30. Revocation of operation registration certificates of domestic violence prevention and control assistance service providers

1. A domestic violence prevention and control assistance service provider will have its operation registration certificate revoked in the following cases:

a/ The certificate has been renewed;

b/ The service provider changes its operation purpose;

c/ The certificate is granted in contravention of law;

d/ The service provider is dissolved or terminates its operation;

dd/ The service provider does not operate though 12 months have passed from the date of grant of its operation registration certificate.

2. Specialized agencies in charge of culture, sports and tourism of provincial-level People’s Committees that have granted operation registration certificates to domestic violence prevention and control assistance service providers are competent to revoke such certificates.

3. Order and procedures for revocation of an operation registration certificate:

a/ For the cases specified at Points a and b, Clause 1 of this Article, the certificate shall be revoked upon certificate renewal or re-grant;

b/ For the case specified at Point d, Clause 1 of this Article, the certificate shall be revoked immediately after the event is detected;

c/ For the cases specified at Points c and dd, Clause 1 of this Article, the certificate shall be revoked after 15 days from the date of issuance of the inspection minutes stating violations of the establishment that cannot give the justification. In case the justification is accepted by the competent agency, within 6 months, the service provider shall complete the remediation of the violations.

The certificate revocation shall be written in a minutes, made according to Form No. 18 provided in the Appendix to this Decree.

 

 

Chapter V

STATE BUDGET EXPENDITURES FOR DOMESTIC VIOLENCE PREVENTION AND CONTROL ACTIVITIES

Article 31. Allocation and estimation of state budget funds

1. State budget expenditures for domestic violence prevention and control activities shall be included in annual budget estimates of agencies and socio-political organizations assigned to perform domestic violence prevention and control-related tasks in accordance with the law on the state budget and current regulations on state budget management decentralization.

2. Public non-business units assigned to perform domestic violence prevention and control-related tasks shall take the initiative in using financial sources allocated to them under the financial autonomy mechanism for domestic violence prevention and control activities. State budget funds shall be allocated under regulations on the financial autonomy mechanism applicable to public non-business units.

Article 32. Management, use and account-finalization of state budget funds

1. Agencies and socio-political organizations assigned to perform domestic violence prevention and control-related tasks shall carry out budget fund estimation, implementation, accounting and account-finalization in accordance with the law on the state budget.

2. The use of state budget funds for domestic violence prevention and control activities must comply with norms, standards and regimes issued by competent state agencies and within assigned budget expenditure estimates.

3. The expenditure levels specified in this Decree are the maximum levels for agencies and socio-political organizations to make expenditure estimates for domestic violence prevention and control activities. Heads of central agencies and socio-political organizations and provincial-level People’s Committees shall decide on specific expenditure levels which, however, must not exceed those specified in this Decree, ensuring thrift, efficiency and conformity with the state budget’s capacity.

4. For expenditures related to domestic violence prevention and control but not specified in this Decree, their contents and levels must comply with relevant legal documents.

5. Expenditures for holding meetings, conferences and seminars for civil servants and public employees specified in Articles 34, 35 and 41 of this Decree are no longer applied as soon as the salary regime reform under Resolution No. 27-NQ/TW of May 21, 2018, of the 12th Party Central Committee, on reform of wage policies for cadres, civil servants, public servants, armed forces and workers in enterprises, are implemented.

Article 33. Expenditures for information, communications and education activities

1. Expenditures for information, communications and education activities carried out through conferences, seminars, training courses and talk shows: Their contents and levels must comply with the Minister of Finance’s regulations on work-trip allowances and expenditures for conferences.

2. Expenditures for information, communications and education activities in the mass media: Contents and levels of royalty for news bulletins, reportages and talk shows on domestic violence prevention and control must comply with the Government’s regulations on expenditures for payment of royalty in the field of press and publication.

3. Expenditures for information, communications and education activities through public-address systems must comply with the Government’s regulations on expenditures for payment of royalty and remuneration for cinematographic, fine-art, photographic and theatrical works and other genres of performing arts.

4. Expenditures for production and distribution of banners, panels, posters and mural paintings: Their levels shall be based on invoices and payment documents and must comply with the bidding law.

5. Expenditures for organizing art performances and skits in communities:

a/ Allowances for performers’ practice for new programs: not exceeding VND 100,000 per person per practice session for no more than 10 sessions per program;

b/ Allowances for performers during performance programs: not exceeding VND 300,000 per person;

c/ Allowances for masters of ceremony: not exceeding VND 500,000 per working session;

d/ Expenditures for gasoline or rent of vehicles, photographing, equipment and tools, and other rents: Their levels shall be based on contracts, invoices and payment documents, local market prices, and must comply with law.

6. Expenditures for organizing communications campaigns in communities:

a/ Expenditures for writing scripts: not exceeding VND 1,000,000 per script;

b/ Allowances for masters of ceremony: not exceeding VND 500,000 per person per working session;

c/ Allowances for persons directly engaged in communications campaigns in communities: not exceeding VND 100,000 per person per working session;

d/ Expenditures for art performances must comply with Clause 5 of this Article;

dd/ Expenditures for gasoline or rent of vehicles, photographing, equipment and tools, and other rents: Their levels shall be based on contracts, invoices and payment documents, local market prices, and must comply with law.

7. Expenditures for compiling sample documents for disseminating domestic violence prevention and control knowledge and skills: To comply with the Minister of Finance’s regulations on contents and levels of expenditures for developing training programs and compiling training materials for higher education and vocational education.

Article 34. Expenditures for organizing contests to learn about domestic violence prevention and control

1. Expenses for compiling questions and answers: not exceeding 2,000,000 VND per question set with answers.

2. Allowances for persons marking exam papers, the jury, and persons considering and announcing exam results: not exceeding VND 500,000 per person per working session.

3. Allowances for members of the organizing committee and secretary of a contest: not exceeding VND 350,000 per person per working session.

4. Expenditures for prizes:

A contest has a maximum of 1 first prize, 2 second prizes, 3 third prizes and 3 consolation prizes; the levels of expenditures for prizes are as follows:

a/ First prize: VND 30,000,000, VND 20,000,000, VND 10,000,000 or VND 5,000,000 for a winning collective in a contest organized by a central-level, provincial-level, district-level or commune-level authority, respectively. This figure is VND 20,000,000, VND 10,000,000, VND 5,000,000 or VND 2,500,000, respectively, for a winning individual;

b/ Second prize: VND 20,000,000, VND 10,000,000, VND 5,000,000 or VND 2,500,000 for a winning collective in a contest organized by a central-level, provincial-level, district-level or commune-level authority, respectively. This figure is VND 10,000,000, VND 5,000,000, VND 2,500,000 or VND 1,250,000, respectively, for a winning individual;

c/ Third prize: VND 10,000,000, VND 5,000,000, VND 2,500,000 or VND 1,250,000 for a winning collective in a contest organized by a central-level, provincial-level, district-level or commune-level authority, respectively. This figure is VND 5,000,000, VND 2,500,000, VND 1,250,000 or VND 700,000, respectively, for a winning individual;

d/ Consolation prize: VND 5,000,000, VND 3,000,000, VND 1,500,000 or VND 750,000 for a winning collective in a contest organized by a central-level, provincial-level, district-level or commune-level authority, respectively. This figure is VND 2,500,000, VND 1,250,000, VND 700,000 or VND 350,000, respectively, for a winning individual.

5. Allowances for food, accommodation and travel for members of the organizing committee and the contest council of a contest for the days the contest is organized: To comply with the Minister of Finance’s regulations on work-trip allowances and expenditures for conferences.

6. Allowances for food, accommodation and travel for contestants (including also the days of training and contest which, however, must not exceed 10 days): To apply the levels of allowances for food and accommodation for unpaid delegates under the Minister of Finance’s regulations on work-trip allowances and expenditures for conferences. Those who have received the above amounts are not entitled to work-trip allowances payable by their employers.

7. Hiring of masters of ceremony: not exceeding VND 2,000,000 per person per working session.

8. Rent of conference halls and equipment for theatrical contests: Their levels shall be based on contracts, invoices or payment documents.

9. Hiring of performers:

a/ For individual performances: not exceeding VND 300,000 per person per performance;

b/ For collective performances: not exceeding VND 5,000,000 per collective per performance and not exceeding VND 300,000 per person per collective performance.

10. Expenditures for summarizing reports on contest results:

a/ For central-level contests: not exceeding VND 5,000,000 per report;

b/ For provincial-level contests: not exceeding VND 3,000,000 per report;

c/ For district-level contests: not exceeding VND 2,000,000 per report;

d/ For grassroots-level contests: not exceeding VND 1,000,000 per report.

11. Expenditures for organizing press conferences to issue press releases of contests:

a/ Payment for drafting press releases: not exceeding VND 1,000,000 per press release;

b/ Remuneration for reporters invited to attend press conferences: not exceeding VND 100,000 per person per press conference;

c/ Payment for the chair of a press conference: not exceeding VND 300,000 per press conference;

d/ Payment for persons answering questions of reporters and the press at press conferences: not exceeding VND 200,000 per person per press conference.

Article 35. Expenditures for developing and implementing domestic violence prevention and control models

1. Payment for research and development of domestic violence prevention and control models must comply with regulations on contents and levels of expenditures for conducting research, investigation, survey and evaluation activities.

2. Payment for building draft models: not exceeding VND 20,000,000 per model.

3. Payment for participants in implementing models: To be made based on the actual number of days of participation but must not exceed VND 100,000 per person per day or not exceed VND 2,000,000 per person per month.

4. Other expenditures shall be paid based on invoices and payment documents and must comply with relevant regulations.

Article 36. Expenditures for domestic violence prevention and control counselling activities

1. Expenditures to support the establishment of counselling rooms and divisions, including telephones, computers, equipment and supplies, must comply with law.

2. Expenditures for compiling new documents; and for modifying, supplementing and updating documents to make them suitable to counselling contents must comply with the Minister of Finance’s regulations.

3. Remuneration for consultants under labor contracts or work contracts shall be paid at agreed levels based on productivity, quality and efficiency of their job performance under regulations on salary and wage regime.

4. Expenditures for electricity, water, stationery, and photocopying of documents for counselling activities: To be paid based on invoices and payment documents and local market prices but not exceeding VND 5,000,000 per month per establishment.

Article 37. Expenditures for education and support for change of domestic violence behaviors

1. Expenditures for compiling documents for education and support for change of domestic violence behaviors must comply with the Minister of Finance’s regulations on expenditure contents and levels for development of training programs and compilation of training materials for higher education and vocational education.

2. Expenditures for compiling sets of multiple-choice questions to identify acts of domestic violence and evaluate knowledge and skills for controlling domestic violence acts; and skills for responding to acts of domestic violence (compiling questions; reviewing, selecting and putting questions into the question bank toward standardization which is managed on computer software): To comply with the Minister of Finance’s regulations on management of funds for preparation, organization and participation in exams applicable to general education.

3. Expenditures for disseminating law directly to persons committing acts of domestic violence: Expenditure contents and levels must comply with the regulations on management, use and account-finalization of state budget funds for law dissemination and education and law access of the people at the grassroots level.

Article 38. Expenditures as support for domestic violence victims

1. Provincial-level People’s Committees shall decide on payment of part of expenditures for the provision of psychological counseling and skills for responding to domestic violence for domestic violence victims and persons committing acts of domestic violence.

2. Support for the provision of essentials when the contact prohibition is applied must comply with regulations applicable to social protection beneficiaries.

3. In case domestic violence victims sufferring health damage receive care and medical treatment at medical examination and treatment establishments, the payment of medical examination and treatment costs must comply with the Law on Medical Examination and Treatment.

 Article 39. Expenditures for compensation for health, life and property damage for individuals engaged in domestic violence prevention and control         

1. Expenditures for compensation for health and life damage for individuals engaged in domestic violence prevention and control:

a/ Individuals engaged in domestic violence prevention and control who are covered by social insurance are entitled to payment by the Health Insurance Fund in accordance with the law on health insurance; the Social Insurance Fund shall cover payment for occupational accident, retirement and death allowances in accordance with the laws on social insurance and occupational safety and health;

b/ Individuals engaged in domestic violence prevention and control are entitled to the payments from their employers in accordance with the law on occupational safety and health;

c/ In case individuals engaged in domestic violence prevention and control fall into other categories, they are entitled to support under emergency social assistance policies or entitled to community-based care and nurturing in accordance with the law on social assistance.

2. Expenditures for compensation for property damage for individuals engaged in domestic violence prevention and control:

a/ For individuals engaged in domestic violence prevention and control who suffer property damage when directly stopping acts of domestic violence, but the perpetrators are unable to compensate, the State shall provide support for compensation for the damaged property.

b/ The chairperson of the district-level People’s Committee of the locality where acts of domestic violence are committed shall establish a Council to determine the level of support for individuals engaged in domestic violence prevention and control who suffer property damage. He/she shall decide on the composition of the Council.

Article 40. Expenditures for the development of networks of population collaborators engaged in family affairs and domestic violence prevention and control in communities

  1. Population collaborators engaged in family affairs and domestic violence prevention and control in communities are entitled to monthly allowances as stipulated by provincial-level People’s Councils and covered by local budgets.

2. Every year, specialized agencies in charge of culture, sports, and tourism shall organize further training in family affairs and domestic violence prevention and control for population collaborators engaged in family affairs and domestic violence prevention and control. The expense levels must comply with the Ministry of Finance’s regulations on estimation, management and use of state budget funds for training and further training of cadres and civil servants.

3. Population collaborators engaged in family affairs and domestic violence prevention and control may participate in regional and inter-regional contests, conferences and seminars to exchange work experiences and benefit from policies in accordance with the law on domestic violence prevention and control and relevant laws.

4. Each population collaborator engaged in family affairs and domestic violence prevention and control shall be equipped with tools and equipment appropriate to the local conditions and financial capacity to perform domestic violence prevention and control tasks.

Article 41. Expenditures for interdisciplinary coordination, preliminary review and final review activities

1. Expenditures for organizing meetings and conferences to direct task performance, and for holding preliminary review, final review and professional training sessions on domestic violence prevention and control:

a/ Allowances for delegates: not exceeding VND 100,000 per person per session;

b/ Expenditures for making thematic reports: not exceeding VND 8,000,000 per report;

c/ Expenditures for making preliminary-review reports: not exceeding VND 10,000,000 per report;

d/ Expenditures for making final-review reports: not exceeding VND 12,000,000 per report;

dd/ Allowances for writing discussion papers and conference proceedings for preliminary-review and final-review conferences: not exceeding VND 2,000,000 per paper;

e/ Expenses for stationery and printing of materials and other related expenses: To comply with the Minister of Finance’s regulations on expenses for conferences.

2. Expenditures for inspection and supervision tasks under work programs and plans; organization of regional and inter-regional activities for exchange and sharing of experiences in domestic violence prevention and control: To comply with the Minister of Finance’s regulations on work-trip allowances and expenditures for conferences.

 

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 42. Effect

1. This Decree takes effect on December 25, 2023.

2. The Government’s Decree No. 08/2009/ND-CP of  February 4, 2009, detailing and guiding the implementation of a number of articles of the Law on Domestic Violence Prevention and Control, ceases to be effective on the date this Decree takes effect.

Article 43. Transitional provisions

1. Establishments providing domestic violence prevention and control counselling and establishments providing support for domestic violence victims that are founded under the law on domestic violence prevention and control before the effective date of this Decree may continue operating without having to undergo procedures for founding registration or registration of contents and scope of operation.

2. Establishments providing domestic violence prevention and control counselling and establishments providing support for domestic violence victims that are founded under the law on domestic violence prevention and control before the effective date of this Decree shall, when wishing to change their information after the effective date of this Decree, comply with this Decree.

3. Establishments carrying out activities related to domestic violence prevention and control that are founded not under the law on domestic violence prevention and control shall make operation registration according to this Decree within 18 months from the effective date of this Decree.

Article 44. Organization of implementation

For island districts where no commune-level administrations are organized, district-level administrations shall perform the tasks and exercise the powers specified by the law on domestic violence prevention and control for commune-level administrations.

Article 45. Implementation responsibility

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

a/ Organize and guide the implementation of this Decree;

b/ Review, study, formulate, amend and supplement legal documents and relevant documents in the field of domestic violence prevention and control;

c/ Formulate plans for interdisciplinary coordination activities on domestic violence prevention and control;

d/ Consolidate the model of community-based domestic violence prevention and control;

dd/ Establish and operate the National Hotline;

e/ Organize further training courses on domestic violence prevention and control knowledge and skills for national- and provincial-level lecturers, rapporteurs and counselors;

g/ Mobilize social resources and receiving resources for domestic violence prevention and control activities;

h/ Promptly praise and commend collectives and individuals in domestic violence prevention and control activities according to its competence, or propose competent authorities to do so.

2. The Ministry of Finance shall balance and allocate state budget funds for domestic violence prevention and control activities in accordance with the law on the state budget.

3. The Ministry of Labor, Invalids and Social Affairs shall:

a/ Assume the responsibility for completing policies and laws on social assistance for domestic violence victims and persons engaged in domestic violence prevention and control;

b/ Include domestic violence prevention and control tasks in accordance with law in the prevention and control of gender-based violence and violence against children in the family environment;

c/ Integrate information on the receipt and processing of information and denunciations about acts if domestic violence against children into the operation of the National Hotline for Child Protection.

4. The Ministry of Public Security shall assume the prime responsibility for reviewing and completing the legal framework for handling of violations of the law on domestic violence prevention and control.

5. The Ministry of Information and Communications shall assume the prime responsibility for allocating a 3-digit phone number for the National Hotline; guide the operation of the National Hotline; and ensure cyberinformation security related to domestic violence prevention and control.

6. Provincial-level People’s Committees shall:

a/ Based on their functions and tasks assigned under the Law on Domestic Violence Prevention and Control and this Decree, organize the implementation thereof in localities;

b/ Promulgate programs, plans, projects and schemes on domestic violence prevention and control; allocate resources for performance of domestic violence prevention and control tasks;

c/ Direct district- and commune-level People’s Committees to prioritize resources for performance of domestic violence prevention and control tasks in their localities, and develop reliable addresses in communities;

d/ Build a contingent of population collaborators to participate in family affairs and domestic violence prevention and control activities; organize the training and updating of domestic violence prevention and control knowledge and skills for rapporteurs and counselors under their management;

dd/ Creating conditions for other establishments engaged in domestic violence prevention and control assistance and domestic violence prevention and control assistance service providers to operate in the localities;

e/ Promptly praise and commend collectives and individuals in domestic violence prevention and control according to their competence or propose competent authorities to do so.

g/ Chairpersons of provincial-level People’s Committees shall be held responsible for domestic violence prevention and control activities in the localities.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendix to this Decree is not translated.


[1] Công Báo Nos 1133-1134 (18/11/2023)

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