Decree No. 08/2009/ND-CP dated February 4, 2009 of the Government detailing and guiding the implementation of a number of articles of the Law on domestic violence prevention and control

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON DOMESTIC VIOLENCE PREVENTION AND CONTROL

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 21, 2007 Law on Domestic Violence Prevention and Control;

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

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree details and guides the implementation of a number of articles of the Law on Domestic Violence Prevention and Control regarding state policies on domestic violence prevention and control; community counseling, comments and criticism on the prevention of domestic violence; measure of contact forbidding under decisions of presidents of commune/ward/ township People's Committees (below collectively referred to as commune-level People's Committees); and domestic violence victim support facilities.

2. This Decree applies to domestic agencies, organizations, families and individuals and foreign organizations and individuals operating in Vietnam (below referred to as organizations and individuals).

Article 2. Domestic violence prevention and control programs and plans

1. The Ministry of Culture. Spoils and Tourism shall assume the prime responsibility for, and coordinate with concerned ministries, ministerial-level agencies and government-attached agencies in, formulating a national plan of action on domestic violence prevention and control, to be submitted to the Prime Minister for approval.

2. Annually, based on the national plan of action on domestic violence prevention and control approved by the Prime Minister, the Ministry of Culture, Sports and Tourism shall formulate national domestic violence prevention and control plans; based on the national plan of action on domestic violence prevention and control approved by the Prime Minister and the domestic violence prevention and control plans adopted by the Ministry of Culture, Sports and Tourism. People's Committees at all levels shal1 make local anti-domestic violence plans and organize the implementation of those plans.

3. A domestic violence prevention and control program or plan has the following major contents:

a/ Assessing the real situation of domestic violence and domestic violence prevention and control work;

b/ Identifying its overall objective and specific targets;

c/ Identifying solutions and tasks to achieve the domestic violence prevention and control objective and targets, based on the national or local socio-economic conditions;

d/ Assigning responsibilities to agencies, organizations and individuals involved in domestic violence prevention and control;

dd/ Making statistics on domestic violence prevention and control;

e/ Making cost estimates for domestic violence prevention and control work.

4. Before December 15 every year. People's Committees at all levels shall review and assess the situation and results of implementation of domestic violence prevention and control plans in localities and report thereon to higher-level People's Committees; People' Committees of provinces or centrally run cities (below referred to as provincial-level People's Committees) shall send reports on results of implementation of domestic violence prevention and control plans to the Ministry of Culture, Sports and Tourism.

The Ministry of Culture. Sports and Tourism shall review, assess and report to the Prime Minister on the implementation of the national action plan on domestic violence prevention and control.

Chapter II

STATE POLICIES ON DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 3. Funding sources for domestic violence prevention and control

1. Funding sources for domestic violence prevention and control include the state budget and financial supports of domestic and foreign organizations and individuals.

2. The allocation of state budget funds for domestic violence prevention and control is provided for as follows:

a/ Annually, the State shall earmark state budget funds for domestic violence prevention and control work in accordance with the state budget law;

b/ Funds for domestic violence prevention and control activities of ministries, ministerial-level agencies, government-attached agencies and central bodies of socio-political organizations shall be included in their annual budget expenditure estimates;

c/ Funds for domestic violence prevention and control in localities shall be assured by local budgets and included in their annual budge expenditure estimates.

Article 4. Encouragement of anti-domestic violence activities

1. Domestic violence victim support facilities, counseling centers for domestic violence prevention and control or other non-public facilities for domestic violence prevention and support of domestic violence victims, which are set up and qualified to operate under competent state agencies' regulations, are eligible for socialization encouragement policies like socialized establishments in education, vocational training, healthcare, culture, sports and environmental protection according to current laws.

2. The State encourages and provides financial assistance for the research, composition, publication and dissemination of valuable and quality literary and artistic works against domestic violence.

Article 5. Policies towards people directly involved in domestic violence prevention and control

1. People who are directly involved and record achievements in domestic violence prevention and control will be commended or rewarded under the emulation and commendation law.

2. People with brave actions to save humans or salvage the State's and people's property while directly preventing acts of domestic violence will, if losing their lives, be considered for recognition as martyrs or. if suffering injuries which reduce their working capacity by 21% or more, be considered for enjoying policies like war invalids in accordance with law.

3. People who are directly involved in domestic violence prevention and control and suffer property damage will be paid with damages by provincial-level People's Committees in localities where domestic violence occurs, if the violators are unable to pay such damages. Compensations shall be paid from provincial-level People's Committee budgets for domestic violence prevention and control in localities.

4. The Ministry of Culture, Sports and Tourism shall guide in detail the implementation of this Article.

Chapter III

COMMUNITY COUNSELING, COMMENTS AND CRITICISM ON DOMESTIC VIOLENCE PREVENTION

Article 6. Grassroots counseling on family issues

1. Commune-level People's Committees shall identify and make lists of persons for grassroots counseling on family issues according to Clause 3, Article 16 of the Law on Domestic Violence Prevention and Control.

2. Based on local plans on domestic violence prevention and control and lists of persons defined in Clause I of this Article, commune-level People's Committees shall assume the prime responsibility for, and coordinate with Vietnam Fatherland Front and its member organizations and communities in. organizing grassroots counseling on family issues.

3. Grassroots counseling on family issues shall be conducted in the following forms:

a/ In person;

b/ Through the mass media; c/ In other forms.

4. Commune-level civil servants in charge of judicial affairs shall coordinate with those in charge of socio-cultural affairs in providing and disseminating documents, information and knowledge on domestic violence prevention and control to couples before they are given marriage certificates; and provide contents of grassroots counseling on family issues to the mass media.

5. Commune-level civil servants in charge of socio-cultural affairs, civil servants in charge of judicial affairs, officials of the Vietnam Fatherland Front, Vietnam Women's Union, Ho Chi Minh Communist Youth Union, Vietnam Peasants' Association, War Veterans' Association and Elderly Association; members of grassroots reconciliation teams and commune-level health workers who have been trained in counseling may conduct in-person counseling on family issues at the grassroots.

6. The Ministry of Culture. Sports and Tourism shall assume the prime responsibility for, and coordinate with the Ministry of Justice in, compiling documents on domestic violence prevention and control; and formulate training programs and organize the training of grassroots counselors on family issues related to domestic violence prevention and control.

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