Law on Domestic Violence Prevention and Control, Law No. 13/2022/QH15

LAW

On Domestic Violence Prevention and Control^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Domestic Violence Prevention and Control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the prevention, stoppage, protection, support, and handling of violations concerning domestic violence prevention and control; conditions for ensuring domestic violence prevention and control; state management of, and responsibilities of agencies, organizations, families and individuals in, domestic violence prevention and control.

Article 2. Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. Domestic violence means an act intentionally committed by a family member that causes or is likely to cause physical, mental, sexual or economic harms to another family member.

2. Contact prohibition means a measure taken to prohibit persons committing acts of domestic violence from getting close to domestic violence victims or from using means and tools to commit acts of domestic violence.

3. Temporary shelter means a place for ensuring safety for domestic violence victims.

4. Education and support for change of domestic violence behaviors means the process of providing knowledge and behavioral skills for controlling negative emotions, controlling behaviors and resolving conflicts in order to help persons committing acts of domestic violence end domestic violence.

Article 3. Acts of domestic violence

1. Acts of domestic violence include:

a/ Torturing, mistreating, beating, threatening or other intentional acts of infringing upon family members’ health and life;

b/ Insulting, nagging or other intentional acts of offending family members’ honor and dignity;

c/ Forcing family members to witness violence against humans or animals for the purpose of exerting constant psychological pressure on family members;

d/ Ignoring, paying no attention to, or failing to nurture and care for, family members who are children, pregnant women, women raising under-36-month children, elderly persons, persons with disabilities, and persons unable to take care of themselves; or failing to educate family members who are children;

d/ Showing stigma or discrimination among family members on the grounds of conformation, gender, sex and ability;

e/ Preventing family members 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 family members;

g/ Preventing the exercise of rights and performance of obligations in family relations between grandparents and grandchildren; between parents and children; between husband and wife; and between siblings;

h/ Revealing or spreading information about the private life, personal secrets and family secrets of family members for the purpose of offending their honor and dignity;

i/ Committing acts of forced sexual intercourse against the will of the wife/husband;

k/ Forcing family members to perform pornographic acts; or forcing family members to listen to, view or read pornographic or violence-inciting sounds, images or contents;

l/ Forcing family members to enter into child marriage or marriage or to get divorce or obstructing lawful marriage or divorce;

m/ Committing forced pregnancy, abortion or fetal sex selection;

n/ Appropriating or destroying common property of the family or separate property of other family members;

o/ Forcing family members to study or work or to make financial contributions beyond their ability; controlling property and income of family members for the purpose of creating the status of material, spiritual or otherwise dependence;

p/ Isolating or imprisoning family members;

q/ Forcing family members to leave their lawful residences in contravention of law.

2. The acts specified in Clause 1 of this Article which are committed between divorced persons; cohabiting persons; fathers, mothers, stepchildren, or siblings of divorced persons or cohabiting persons; and persons who used to be adoptive parents and adopted children shall also be regarded as acts of domestic violence according to the Government’s regulations.

Article 4. Principles of domestic violence prevention and control

1. To consider prevention the key factor and follow the victim-centered approach.

2. To respect and protect the lawful rights and interests of related persons; to ensure the best interests of children; to give priority to protecting the lawful rights and interests of domestic violence victims who are pregnant women, women raising under-36-month children, elderly persons, persons with disabilities, and persons unable to take care of themselves; to implement gender equality.

3. To attach importance to public communication, education, counseling and conciliation in domestic violence prevention and control.

4. To timely detect, stop and strictly handle violations of the law on domestic violence prevention and control in accordance with law. For cases in which domestic violence victims are children, there must be representatives of state management agencies in charge of child-related affairs or persons assigned to perform child protection work participating in the course of handling violations.

5. To raise the responsibility of agencies and organizations and their heads; to attach importance to inter-sectoral coordination in domestic violence prevention and control.

6. To promote the role and responsibilities of individuals, families and communities.

7. To enhance the responsibility of cadres, civil servants, public employees and personnel of the people’s armed forces in setting good examples in domestic violence prevention and control.

Article 5. Prohibited acts in domestic violence prevention and control

1. The acts of domestic violence specified in Article 3 of this Law.

2. Inciting, instigating, enticing, seducing, assisting or forcing others to commit acts of domestic violence.

3. Using and spreading information, documents, images and sounds for the purpose of inciting domestic violence.

4. Taking revenge or threatening to take revenge on those who help domestic violence victims and those who detect, provide information about, denounce, and stop acts of domestic violence.

5. Obstructing the detection of, provision of information about, denunciation against, and stoppage and handling of, acts of domestic violence.

6. Abusing domestic violence prevention and control activities to commit illegal acts.

7. Tolerating, covering up, failing to handle, or handling acts of domestic violence in contravention of law.

Article 6. The State’s policies on domestic violence prevention and control

1. The State shall allocate budget funds to ensure effectiveness of domestic violence prevention and control activities, giving priority to ethnic minority areas, mountainous areas, and areas with extremely difficult socio-economic conditions.

2. To encourage agencies, organizations and individuals to provide aid, donation, gifts, contributions, assistance and support and make investment in terms of funds, human resources, physical facilities and necessities for domestic violence prevention and control activities; implementation of international cooperation on domestic violence prevention and control; development of counseling models to build happy families, prevent domestic violence and support domestic violence victims; and development of a network of community-based population collaborators engaged in family affairs and domestic violence prevention and control activities.

3. To encourage literary and artistic creation on domestic violence prevention and control; and application of science and information technology in domestic violence prevention and control.

4. To commend and reward agencies, organizations and individuals that record achievements in domestic violence prevention and control; to adopt regimes on provision of support to compensate for health, life and property damage for individuals engaged in domestic violence prevention and control work.

5. To provide support for capacity building training for persons engaged in domestic violence prevention and control work.

Article 7. National Action Month for Domestic Violence Prevention and Control

1. The National Action Month for Domestic Violence Prevention and Control shall be held in June every year with a view to promoting domestic violence prevention and control activities and honoring family values.

2. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for, and coordinate with related agencies and organizations in, directing, guiding and organizing activities within the National Action Month for Domestic Violence Prevention and Control.

Article 8. International cooperation on domestic violence prevention and control

1. International cooperation on domestic violence prevention and control shall be carried out on the principles of equality, respect for independence and sovereignty, and conformity with Vietnam’s law and international law.

2. Contents of international cooperation on domestic violence prevention and control include:

a/ Joining international organizations; concluding and implementing treaties and international agreements on domestic violence prevention and control;

b/ Formulating and implementing domestic violence prevention and control programs, projects and activities;

c/ Exchanging information and experiences on domestic violence prevention and control;

d/ Conducting scientific researches and human resource training on domestic violence prevention and control.

Article 9. Rights and responsibilities of domestic violence victims

1. Domestic violence victims have the following rights:

a/ To request competent agencies, organizations and individuals to protect their health, life, honor, dignity, and other lawful rights and interests related to acts of domestic violence;

b/ To request competent agencies and individuals to apply measures to stop acts of domestic violence and protective and supportive measures in accordance with this Law;

c/ To be provided with shelters and have information on their shelters, private life, personal secrets and family secrets kept confidential in accordance with this Law and other relevant laws;

d/ To be provided with medical services, psychological counseling, skills for responding to domestic violence, legal aid and social assistance in accordance with law;

dd/ To request persons committing acts of domestic violence to remedy the consequences and pay compensation for damage to the health, honor, dignity and property of domestic violence victims;

e/ To be informed of related rights and obligations in the course of settlement of conflicts and disputes between family members and handling of acts of domestic violence;

g/ To lodge complaints and denunciations and initiate lawsuits against acts of violation of the law on domestic violence prevention and control;

h/ Other law-prescribed rights related to domestic violence prevention and control

2. Domestic violence victims and guardians or at-law representatives of domestic violence victims shall provide sufficient, accurate and prompt information relating to acts of domestic violence when requested by competent agencies, organizations and individuals.

Article 10. Responsibilities of persons committing acts of domestic violence

1. Persons committing acts of domestic violence have the following responsibilities:

a/ To end acts of domestic violence;

b/ To abide by requests and decisions of competent agencies, organizations and individuals concerning the application of preventive, protective and supportive measures and measures to stop domestic violence and the handling of violations of the law on domestic violence prevention and control;

c/ To promptly bring domestic violence victims to emergency and medical treatment facilities. To take care of domestic violence victims, unless domestic violence victims or their guardians or at-law representatives refuse;

d/ To compensate for damage and remedy consequences they cause to domestic violence victims, persons participating in domestic violence prevention and control activities, and other organizations and individuals.

2. In case persons committing acts of domestic violence are guardians or at-law representatives of domestic violence victims, they shall be disallowed to exercise the rights of guardians or at-law representatives specified in this Law with regard to the concerned cases of domestic violence.

Article 11. Responsibilities of family members in domestic violence prevention and control

1. To educate and remind family members to comply with the laws on domestic violence prevention and control, marriage and family, and gender equality, and other relevant laws.

2. To conduct conciliation upon occurrence of conflicts and disputes between family members; to request persons committing acts of domestic violence to immediately stop acts of domestic violence; to render care to domestic violence victims.

3. To cooperate with agencies, organizations, individuals and residential communities in domestic violence prevention and control.

4. To take measures in domestic violence prevention and control in accordance with this Law and other relevant laws.

Article 12. Rights and responsibilities of individuals in domestic violence prevention and control

1. To be commended for achievements in domestic violence prevention and control in accordance with the law on emulation and commendation; to be protected and have their personal information kept confidential when providing information about, or denouncing, acts of domestic violence; to receive support from the State to cover damage to their health, life and property when participating in domestic violence prevention and control activities according to the Government’s regulations.

2. Individuals, when detecting acts of domestic violence, have the following responsibilities:

a/ To immediately provide information about, or denounce, such acts to the competent agencies, organizations and individuals specified in Clause 1, Article 19 of this Law;

b/ To protect and support domestic violence victims and participate in community-based domestic violence prevention and control activities.

Chapter II

PREVENTION OF DOMESTIC VIOLENCE

Article 13. Purposes and requirements in public information, communication and education

1. Public information, communication and education about domestic violence prevention and control aim to raise awareness, provide behavioral instructions, and contribute to eradication of domestic violence.

2. Public information, communication and education about domestic violence prevention and control must satisfy the following requirements:

a/ To be carried out in a regular, accurate, clear, simple and practical manner;

b/ To ensure conformity with the qualifications, age, gender, traditions, culture, ethnicity, religion and geographical areas, focusing on children, pregnant women, women nursing under-36-month children, elderly persons, persons with disabilities, persons unable to take care of themselves, and persons living in ethnic minority areas, mountainous areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions;

c/ To attach importance to behavioral change in persons committing acts of domestic violence, and persons regularly committing acts of inciting violence, gender- or sex-based stigma or discrimination or gender stereotypes;

d/ To adhere to gender equality and protect the honor, dignity and prestige of domestic violence victims and related persons;

dd/ To ensure security of information about private life, personal secrets and family secrets.

Article 14. Contents of public information, communication and education

1. Policies and laws on domestic violence prevention and control.

2. Human rights, citizens’ rights, and gender equality in the family.

3. Fine traditions of Vietnamese persons and families; exemplary persons and good deeds in building a happy family and preventing and controlling domestic violence.

4. Marriage and family knowledge; behavioral skills in the family; skills for protecting and supporting domestic violence victims and preventing, stopping and handling acts of domestic violence.

5. Domestic and international experience in domestic violence prevention and control.

6. Other contents relating to domestic violence prevention and control.

Article 15. Forms of public information, communication and education

Public information, communication and education about domestic violence prevention and control shall be carried out via:

1. Conferences, seminars, training courses, thematic talks; law dissemination activities;

2. Mass media, public-addressing systems, the Internet, billboards, posters, and propaganda posters;

3. Integration into programs and activities at education institutions;

4. Organization of contests and communication campaigns;

5. Integration into literary, artistic, sport, mass activities and activities of residential communities; and domestic violence prevention and control models;

6. Other forms in conformity with law.

Article 16. Domestic violence prevention and control counseling

1. Contents of domestic violence prevention and control counseling include:

a/ Information, knowledge and laws on domestic violence prevention and control, marriage and family, gender, and gender equality, and relevant legal provisions; rights and responsibilities of domestic violence victims and other family members;

b/ Behavioral skills in the family, skills for organizing the family life, building a happy family, handling acts of domestic violence, and taking care of domestic violence victims.

2. Domestic violence prevention and control counseling must focus on:

a/ Domestic violence victims;

b/ Persons committing acts of domestic violence;

c/ Children, pregnant women, women nursing under-36-month children, elderly persons, persons with disabilities, persons unable to take care of themselves; persons living in ethnic minority areas, mountainous areas, areas with difficult socio-economic conditions, and areas with extremely difficult socio-economic conditions;

d/ Persons regularly committing acts of inciting violence, gender- and sex-based stigma and discrimination and gender stereotypes;

dd/ Persons who are about to get married.

3. People’s Committees at all levels shall assume the prime responsibility for, and coordinate with Women’s Unions at the same level and other agencies, organizations and individuals in, guiding and facilitating counseling activities; and providing knowledge and skills on domestic violence prevention and control for domestic violence prevention and control counselors at the grassroots level.

Article 17. Conciliation in domestic violence prevention and control

1. Conciliation in domestic violence prevention and control means provision of guidance by the conciliator for family members to voluntarily settle their conflicts and disputes so as to prevent the occurrence or recurrence of acts of domestic violence.

Conciliation in domestic violence prevention and control is not a substitute for measures of handling persons committing acts of domestic violence.

2.  Conciliation in domestic violence prevention and control must adhere to the following principles:

a/ To be carried out in a proactive, timely and persistent manner;

b/ To respect the voluntariness of the involved parties and the safety of domestic violence victims;

c/ To ensure objectivity, equality, reasonability, sympathy, and conformity with law and fine traditions of the Vietnamese nation;

d/ To ensure confidentiality of information about the private life of family members who are the subjects of the conciliation;

dd/ To respect the lawful rights and interests of others; not to infringe upon the State’s interests or public interests.

Article 18. Subjects conducting conciliation

1. When conflicts and disputes arise, family members and extended family members shall carry out conciliation in order to prevent the occurrence or recurrence of acts of domestic violence.

When necessary, it is allowed to invite religious dignitaries, village elders, village heads, prestigious persons in residential communities, relatives, representatives of agencies and organizations where persons involved in conflicts or disputes work, persons who are trained or have experience in social work or psychology, and persons who have experience in domestic violence prevention and control to participate in the conciliation.

2. When requested by family members of their staff members, agencies and organizations shall organize conciliation for conflicts and disputes between these staff members and their family members; and when necessary, coordinate with local agencies and organizations in the conciliation.

3. Grassroots conciliation teams shall carry out conciliation for conflicts, disputes and violations of the law on domestic violence prevention and control in accordance with the Law on Grassroots Conciliation.

4. Commune-level People’s Committees shall assume the prime responsibility for, and coordinate with Vietnam Fatherland Front Committees of the same level and other organizations and individuals in, guiding and providing knowledge and skills on domestic violence prevention and control for conciliators of grassroots conciliation teams.

Chapter III

PROTECTION, SUPPORT, AND HANDLING OF VIOLATIONS IN DOMESTIC VIOLENCE PREVENTION AND CONTROL

Section 1

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

Article 19. Provision of information and lodging of denunciations about acts of domestic violence

1. Recipients of information and denunciations about acts of domestic violence include:

a/ Commune-level People’s Committees of the localities where acts of domestic violence occur;

b/ Police offices and border guard stations near the places where acts of domestic violence occur;

c/ Education institutions where domestic violence victims are learners;

d/ Heads of villages, heads of residential quarters, and heads of Boards for Fatherland Front Affairs at residential quarters where acts of domestic violence occur;

dd/ Heads of commune-level socio-political organizations where acts of domestic violence occur;

e/ The national telephone exchange for domestic violence prevention and control.

2. The provision of information and lodging of denunciations about acts of domestic violence to the recipients specified in Clause 1 of this Article shall be carried out in the following forms:

a/ Call, text message;

b/ Petition, letter;

c/ In-person.

3. The Government shall provide for the national telephone exchange for domestic violence prevention and control for receiving and processing information  and denunciations about acts of domestic violence.

Article 20. Processing of information and denunciations about acts of domestic violence

1. When receiving information or denunciations about acts of domestic violence, police offices or border guard stations near the places where such acts of domestic violence occur shall, within the ambit of their powers, promptly stop and handle acts of domestic violence according to their competence; and at the same time, notify thereof to chairpersons of commune-level People’s Committees of the localities where acts of domestic violence occur.

2. The organizations and individuals specified at Points c, d, dd and e, Clause 1, Article 19 of this Law shall, when receiving information or denunciations about acts of domestic violence, immediately notify thereof to chairpersons of commune-level People’s Committees of the localities where acts of domestic violence occur and, based on their capacity, participate in stopping acts of domestic violence.

3. Chairpersons of commune-level People’s Committees shall process or assign others to process information or denunciations about acts of domestic violence immediately upon receiving them or upon receiving reports on acts of domestic violence from the organizations and individuals specified in Clauses 1 and 2 of this Article, except the case specified in Clause 4 of this Article.

In case of receiving information or denunciations about acts of domestic violence with the victims being children, pregnant women, women raising under-36-month children, elderly persons, persons with disabilities, or persons unable to take care of themselves, or about acts of domestic violence that have endangered, or are likely to endanger, the health and life of the victims, chairpersons of commune-level People’s Committees shall assign commune-level police offices to handle the case.

4. The receipt and processing of information or denunciations about crimes must comply with the criminal procedure law.

5. The procedures for receiving and processing information and denunciations about acts of domestic violence must comply with the Government’s regulations.

Article 21. Use of sounds and images of acts of domestic violence

1. Those who possess sounds and images of acts of domestic violence may provide such sounds and images to agencies, organizations and individuals competent to settle cases of domestic violence.

2. The use of sounds and images of acts if domestic violence in the course of settling cases of domestic violence and posting of these sounds and images in the mass media and on the Internet must be consented by domestic violence victims or their guardians or at-law representatives, unless otherwise prescribed by law.  

Section 2

STOPPAGE OF ACTS OF DOMESTIC VIOLENCE; PROTECTION OF AND SUPPORT FOR DOMESTIC VIOLENCE VICTIMS, PERSONS ENGAGED IN DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 22. Measures for stopping acts of domestic violence and protecting and supporting domestic violence victims

1. Measures for stopping acts of domestic violence and protecting and supporting domestic violence victims include:

a/ Forcing persons committing acts of domestic violence to end acts of domestic violence;

b/ Requesting persons committing acts of domestic violence to show up at  head offices of commune-level Public Security agencies of the localities where acts of domestic violence occur;

c/ Issuing contact prohibition;

d/ Arranging shelters and providing support for essential needs;

dd/ Providing care and treatment to domestic violence victims;

e/  Providing legal aid and psychological and skill counseling for responding to acts of domestic violence;

g/ Providing education and support for change of domestic violence behaviors;

h/ Organizing community meetings to give remarks and criticism on persons committing acts of domestic violence;

i/ Requesting persons committing acts of domestic violence to perform community services;

k/ Measures for stopping, and securing the handling of, administrative violations in accordance of the law on handling of administrative violations; measures for stopping violations and protecting victims specified in the criminal procedure law concerning persons committing acts of domestic violence.

2. The application of the measures specified at Points a, b, c, d, dd, e, g, h and i, Clause 1 of this Article to foreigners residing in Vietnam must comply with the Government’s regulations.

Article 23. Forcing persons committing acts of domestic violence to end acts of domestic violence

1. Persons competent to settle domestic violence cases may immediately apply necessary measures in accordance with law to end acts of domestic violence.

2. Persons present at the places where domestic violence occurs shall, depending on their capacity and the nature and severity of acts of domestic violence, request persons committing acts of domestic violence to immediately end acts of domestic violence.

Article 24. Requesting persons committing acts of domestic violence to show up at head offices of commune-level Public Security agencies of the localities where acts of domestic violence occur

1. When assigned to settle a domestic violence case, the head of the commune-level Public Security agency of the locality where the act of domestic violence occurs may request the person committing the act of domestic violence to show up at the head office of the commune-level Public Security agency for the purpose of clarifying information and settling the case if:

a/ The domestic violence victim is a child, a pregnant woman, a woman nursing an under-36-month child, an elderly person, a person with disabilities, or a person unable to care for himself/herself; or,

b/ There are grounds to believe that the act of domestic violence has caused or is likely to further cause danger to the health or life of the domestic violence victim.

2. Requests for persons committing acts of domestic violence to show up at head offices of commune-level Public Security agencies must be made in writing to the witness of representatives of residential communities.

3. In case persons committing acts of domestic violence fail to comply with the request, commune-level Public Security officials may use supporting tools in accordance with law to take such persons to head offices of commune-level Public Security agencies.

Article 25. Contact prohibition under decisions of chairpersons of commune-level People’s Committees

1. The chairperson of a commune-level People’s Committee of the locality where an act of domestic violence occurs shall decide to apply the contact prohibition measure with each time of application lasting for no more than 3 days in the following cases:

a/ It is so requested by the domestic violence victim, his/her guardian or at-law representative or a competent agency, organization or individual, for acts of domestic violence  that cause damage or threaten to cause damage to the health or threaten the life of the domestic violence victim.

In case the request is made by a competent agency, organization or individual, it/he/she must obtain the consent of the domestic violence victim or his/her guardian or at-law representative;

b/ The act of domestic violence threatens the life of the domestic violence victim.

2. The chairperson of the commune-level People’s Committee shall consider and decide to apply the measure of contact prohibition within 12 hours after receiving the request specified at Point a, Clause 1 of this Article. If refusing to issue a decision on the application of the contact prohibition measure, the chairperson of the commune-level People’s Committee shall issue a written notice, clearly stating the reason to the requester.

3. A contact prohibition decision shall take effect right after it is signed for issuance and be sent to the person committing acts of domestic violence, domestic violence victim, head of the commune-level Public Security agency, head of the village, or head of the residential quarter where the domestic violence victim resides.

4. A commune-level People’s Committee chairperson who has issued a contact prohibition decision shall be competent to cancel such decision. A contact prohibition decision shall be cancelled in the following cases:

a/ It is so requested by the person applying for issuance of the contact prohibition decision specified at Point a, Clause 1 of this Article;

b/ The domestic violence victim or his/her guardian or at-law representative disagrees with the contact prohibition decision specified at Point b, Clause 1 of this Article;

c/ The contact prohibition measure is deemed no longer necessary.

5. When the contact prohibition decision is applied, the domestic violence victim, his/her guardian or at-law representative is entitled to choose a place of residence during the contact prohibition period.

6. The person committing acts of domestic violence who violates the contact prohibition decision shall be subject to the measure of holding persons in temporary custody under administrative procedures to prevent domestic violence under the Government’s regulations.

7. In case of family funeral- or wedding-related events or in other special cases, if the person committing acts of domestic violence needs to contact the domestic violence victim, the person committing acts of domestic violence shall notify thereof to the person assigned to supervise the implementation of the contact prohibition decision and commit to refraining from committing acts of domestic violence.

8. The Government shall detail this Article.

Article 26. Contact prohibition under court rulings

1. The people’s court that is handling or settling a civil case between a person committing an act of domestic violence and his/her victim may decide to apply the  contact prohibition measure for no more than 4 months when the following conditions are fully met:

a/ The act of domestic violence causes damage or threatens to cause damage to the health or threatens the life of the domestic violence victim;

b/ It is so requested in writing by the domestic violence victim or his/her guardian or at-law representative or a competent agency, organization or individual.

In case the request is made by a competent agency, organization or individual, it must obtain the consent of the domestic violence victim or his/her guardian or at-law representative.

2. The people’s court that is handling or settling a civil case between a person committing acts of domestic violence and his/her victim shall issue by itself a decision on contact prohibition for a duration of no more than 4 months when it is necessary to protect the life of the domestic violence victim.

3. A contact prohibition decision shall take effect right after it is signed for issuance and  be sent to the person committing acts of domestic violence, domestic violence victim, chairperson of the commune-level People’s Committee, head of the commune-level Public Security agency, head of the village, or head of the residential quarter where the domestic violence victim resides and the same-level people’s procuracy.

4. The court that has issued the contact prohibition decision specified in Clause 1 of this Article shall cancel such decision when it is so requested in writing by the domestic violence victim or his/her guardian or at-law representative or a competent agency, organization or individual.

5. The court that has issued the contact prohibition decision specified in Clause 2 of this Article shall cancel such decision when deeming this measure no longer necessary.

6. In case of family funeral- or wedding-related events or in other special cases, if the person committing acts of domestic violence needs to contact the domestic violence victim, the person committing acts of domestic violence shall notify thereof to the person assigned to supervise the implementation of the contact prohibition decision and commit to refraining from committing acts of domestic violence.

7. The competence, order and procedures for application, change and cancellation of the contact prohibition measure specified in this Article must comply with the civil procedure law.

Article 27. Supervision of the implementation of contact prohibition decisions

1. When receiving contact prohibition decisions specified in Articles 25 and 26 of this Law, commune-level Public Security agencies shall assume the prime responsibility for, and coordinate with heads of villages, heads of residential quarters and related grassroots organizations in supervising the execution of the contact prohibition decisions and assign persons to supervise of the implementation of such decisions.

2. Persons assigned to perform the supervision shall monitor the implementation of contact prohibition decisions. When detecting persons committing acts of domestic violence violate contact prohibition decisions, the persons assigned to perform the supervision may request the persons committing acts of domestic violence to strictly abide by contact prohibition decisions; in case the latter continue violating contact prohibition decisions, the persons assigned to perform the supervision shall report thereon to heads of commune-level Public Security agencies for handling in accordance with law.

3. In case persons committing acts of domestic violence are permitted to contact domestic violence victims under Clause 7, Article 25 and Clause 6, Article 26 of this Law, other family members shall perform the supervision to ensure that acts of domestic violence will not occur.

Article 28. Arrangement of shelters and support for essential needs

1. Domestic violence victims shall be provided with given shelters under the decisions of chairpersons of commune-level People’s Committees or voluntarily supported by agencies, organizations and individuals.

2. Domestic violence victims shall be provided with support for essential needs under the law on social assistance.

Article 29. Provision of care and treatment to domestic violence victims

1. Medical examination and treatment establishments have the following responsibilities:

a/ To receive, screen, classify, and provide care and treatment to, patients being domestic violence victims;

b To provide information about the damage to the health of domestic violence victims at the latter’s request or at the request of competent agencies, organizations or individuals.

2. In the course of providing care and treatment to patients, if detecting that such patients show signs of suffering domestic violence, medical workers shall immediately report thereon to the heads of medical examination and treatment establishments.

3. Establishments providing assistance for domestic violence prevention and control specified at Points a, c, dd and e, Clause 2, Article 35 of this Law shall, based on their functions and tasks, provide care to domestic violence victims.

4. The heads of establishments providing assistance for domestic violence prevention and control shall notify commune-level Public Security agencies of the localities where their establishments are located of the cases in which persons receiving care and treatment show signs of suffering domestic violence for protection and handling in accordance with the law.

Article 30. Legal aid and psychological and skill counseling to respond to domestic violence

1. Domestic violence victims shall be provided with legal aid services by state-run legal aid centers or organizations engaged in legal aid provision under the law on legal aid.

2. Domestic violence victims shall be provided with psychological and skill counseling services to respond to domestic violence under the Government’s regulations.

3. The State shall encourage organizations and individuals to provide counseling services to domestic violence victims free of charge.

Article 31. Education and support for change of domestic violence behaviors

1. Persons committing acts of domestic violence are entitled to receive education  and support for change of domestic violence behaviors; and may use services of education and support for change of domestic violence behaviors provided by establishments providing assistance for domestic violence prevention and control.

2. Contents of education and support for change of domestic violence behaviors include:

a/ Policies and laws on domestic violence prevention and control and measures to handle persons committing acts of domestic violence;

b/ Identification of acts of domestic violence and responsibilities of persons committing acts of domestic violence;

c/ Skills for communicating, and preventing and handling conflicts and disputes, in the family;

d/ Knowledge and skills for controlling acts of domestic violence and relieving pressure and stress;

dd/ Other contents.

3. Commune-level People’s Committee chairpersons shall decide on, and organize, the education and support for change of domestic violence behaviors for persons committing acts of domestic violence that are not serious enough for examination for penal liability.

Article 32. Organization of community meetings to give remarks and criticisms on persons committing acts of domestic violence

1. The measure of organizing community meetings to give remarks and criticisms on persons committing acts of domestic violence shall be applied to persons who are aged full 18 years or older in case:

a/ They have committed acts of domestic violence twice or more times within 12 months but their acts are not serious enough for imposition of administrative sanctions or application of administrative handling measures;

b/ They have been administratively sanctioned for acts of domestic violence but continuing to commit such acts.

2. Heads of villages or heads of residential quarters shall assume the prime responsibility for, and coordinate with heads of the Boards for Fatherland Front Affairs in residential areas in, organizing community meetings to give remarks and criticisms on persons committing acts of domestic violence. Participants at a meeting include:

a/ The person committing acts of domestic violence;

b/ The family representative;

c/ The representative of the commune-level Public Security agency;

d/ Representative(s) of the commune-level socio-political organization(s) of  the locality where the person committing acts of domestic violence or the domestic violence victim resides and of which such person is a member;

dd/ Other participants invited by the head of the village or head of the residential quarter.

3. Contents of a meeting include:

a/ Giving remarks and criticisms on the person committing acts of domestic violence;

b/ Providing information on legal provisions on domestic violence prevention and control;

c/ Requesting the person committing acts of domestic violence to commit to refrain from committing acts of domestic violence.

4. Chairpersons of commune-level People’s Committees of the localities where persons committing acts of domestic violence reside shall decide on and organize the implementation of the measure of organizing community meetings to give remarks and criticisms on persons committing acts of domestic violence based on the proposals of persons assigned to handle acts of domestic violence.

5. Commune-level People’s Committees of the localities where persons committing acts of domestic violence reside shall create conditions for heads of villages and heads of residential quarters to organize community meetings to give remarks and criticisms on persons committing acts of domestic violence.

6. In case persons committing acts of domestic violence specified in Clause 1 of this Article volunteer to perform community service work under Article 33 of this Law, the measure of organizing community meetings to give remarks and criticisms on persons committing acts of domestic violence shall not be applied.

Article 33. Performance of community service work

1. Community service work covers small-scale tasks that directly serves the interests of the community where a person committing acts of domestic violence resides, including:

a/ Planting and caring for trees in public places; repairing and cleaning village roads,  streets, lanes, cultural houses, communal houses and other public works;

b/ Other tasks aiming at improving the living environment and landscape in service of the community.

2. A list of tasks specified in Clause 1 of this Article shall be recognized by the chairperson of each commune-level People’s Committee based on discussions and decisions of residential communities in accordance with the law on the implementation of grassroots democracy.

3. Chairpersons of commune-level People’s Committees of the localities where persons committing acts of domestic violence reside shall decide on and organize the performance of community service work by such persons.

Article 34. Protection of persons engaged in domestic violence prevention and control and persons who provide information about, and denounce, acts of domestic violence

1. Commune-level People’s Committee chairpersons shall organize the implementation of measures to protect persons directly engaged in domestic violence prevention and control, and persons who provide information about, and denounce, acts of domestic violence.

2. Agencies, organizations or individuals that receive information and denunciations about acts of domestic violence acts shall protect the confidentiality of personal information of persons providing such information and filing such denunciations.

Section 3

ESTABLISHMENTS PROVIDING ASSISTANCE FOR DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 35.  Establishments providing assistance for domestic violence prevention and control

1. Establishments providing assistance for domestic violence prevention and control shall provide care, counseling, shelters, support for essential needs for domestic violence victims and children they care for and nurture; education and support for change of domestic violence behaviors.

2. Establishments providing assistance for domestic violence prevention and control include:

a/ Reliable addresses;

b/ Medical examination and treatment establishments;

c/ Social assistance establishments;

d/ State-run legal aid centers, organizations providing legal aid;

dd/ Other establishments engaged in domestic violence prevention and control support;

e/ Establishments providing assistance services in domestic violence prevention and control.

Article 36. Reliable addresses

1. Reliable addresses are prestigious and capable organizations and individuals that volunteer to help domestic violence victims.

2. The individuals and organizations specified in Clause 1 of this Article shall notify the concerned commune-level People’s Committees of their agreement to act as reliable addresses. Commune-level People’s Committees shall make and announce a list of reliable addresses in the localities under their management; guide and organize training in domestic violence prevention and control for reliable addresses.

3. When receiving domestic violence victims, reliable addresses shall notify commune-level People’s Committees thereof.

Commune-level People’s Committees shall provide protection and financial support to reliable addresses in accordance with law.

4. Commune-level Vietnam Fatherland Front Committees and their member organizations and social organizations shall conduct communication and mobilize organizations and individuals in residential communities to act as reliable addresses.

Article 37. Medical examination and treatment establishments

1. Medical examination and treatment establishments shall provide care and treatment to patients being domestic violence victims under Clause 1, Article 29 of this Law.

2. Public medical examination and treatment establishments shall, depending on practical conditions, arrange shelters for patients being domestic violence victims to stay for no more than 1 day at the latter’s request.

Article 38. Social assistance establishments, state-run legal aid centers, and organizations providing legal aid

1. Social assistance establishments shall provide care and other necessary supports for domestic violence victims during their stay at the establishments in accordance with law.

2. State-run legal aid centers and organizations providing legal aid shall provide legal aid services to domestic violence victims in accordance with the law on legal aid.

Article 39. Other establishments providing assistance for domestic violence  prevention and control

1. The State shall encourage and create conditions for individuals and organizations to provide assistance for domestic violence prevention and control.

 2. Other establishments providing assistance for domestic violence prevention and control shall register the contents and scope of their operation with competent state agencies.

3. The Government shall detail Clause 2 of this Article.

Article 40. Establishments providing assistance services in domestic violence prevention and control

1. Establishments providing assistance services in domestic violence prevention and control shall be set up by agencies, organizations or individuals in accordance with law, and operate for not-for-profit purposes  to provide/implement one or several of the following services and activities:

a/ Counseling on domestic violence prevention and control;

b/ Shelters and other essential needs for domestic violence victims;

c/ Education and support for change of domestic violence behaviors;

d/ Health care and prevention of mental illnesses for domestic violence victims;

dd/ Other activities concerning domestic violence prevention and control.

2. An establishment specified in Clause 1 of this Article must satisfy the following conditions:

a/ The head of the establishment must have full civil act capacity, possess a university or higher degree in a discipline relating to the service(s) the establishment registers to provide, and has been neither examined for penal liability nor administratively sanctioned for acts of domestic violence;

b/ The personnel directly engaged in provision of assistance services in domestic violence prevention and control must possess upper secondary school or higher diplomas, and have participated in training courses on  knowledge and skills on domestic violence prevention and control organized by competent state agencies or establishments licensed by competent state agencies;

c/ The establishment’s physical foundations and location meet the law-prescribed conditions, in case the establishment provides shelters for domestic violence victims or education and behavioral change support services.

3. The establishments specified in Clause 1 of this Article shall register the contents and scope of operation with state management agencies in charge of domestic violence prevention and control.

4. Organizations and individuals investing funds, human resources and physical foundations to provide the services and implement the activities specified in Clause 1 of this Article are entitled to tax, charge, credit and other incentives in accordance with law.

5. The Government shall detail Clause 2 of this Article; provide for the competence, order and procedures for grant and revocation of establishment registration certificates of establishments providing assistance services in domestic violence prevention and control.

Section 4

HANDLING OF VIOLATIONS OF THE LAW ON DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 41. Handling of violations of the law on domestic violence prevention and control

1. Organizations and individuals that commit violations of the law on domestic violence prevention and control shall, based on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensation in accordance with law;

2. In case persons who are administratively sanctioned for violation of the law on domestic violence prevention and control are cadres, public employees, civil servants, and personnel of the people’s armed force, the persons who issue sanctioning decisions shall inform thereof to the heads of the agencies, organizations and units competent to manage these persons.

 Chapter IV

CONDITIONS FOR SECURING DOMESTIC VIOLENCE PREVENTION
AND CONTROL

Article 42. Funds for domestic violence prevention and control

1. Financial sources for domestic violence prevention and control include:

a/ The state budget;

b/ Aid, donations, gifts, contributions, assistance and support of domestic and foreign organizations and individuals in accordance with law;

c/ Other lawful financial sources.

2. State budget funds for domestic violence prevention and control shall be included in annual budget estimates of agencies and socio-political organizations assigned to perform tasks related to domestic violence prevention and control.

3. The Government shall detail Clause 2 of this Article and provide for the contents and levels of the annual state budget expenditures for domestic violence prevention and control.

Article 43. Database on domestic violence prevention and control

1. The database on domestic violence prevention and control is a collection of information on the contents specified in Article 46 of this Law.

2. The management and exploitation of the database on domestic violence prevention and control are as follows:

a/ The database on domestic violence prevention and control is linked to the national population database and other national databases related to domestic violence prevention and control;

b/ Information in the database on domestic violence prevention and control that is provided by competent state agencies shall be legally valid;

c/ The database on domestic violence prevention and control is the State’s asset of which its safety and security must be strictly ensured; all acts of illegally logging in, destroying, and falsifying information in the database are forbidden;

d/ Organizations and individuals that have demand for information and data on domestic violence prevention and control may exploit and use such information and data via domestic violence prevention and control portals at the central and local levels; the exploitation and use of information and data on domestic violence prevention and control must comply with law.

3. The Government shall detail this Article.

Article 44. Interdisciplinary cooperation in domestic violence prevention and control

1. Heads of agencies and organizations shall coordinate with heads of state management agencies in charge of domestic violence prevention and control of the same level in implementing, and evaluating the results of, domestic violence prevention and control tasks.

2. The interdisciplinary cooperation in domestic violence prevention and control shall be implemented based on the functions, tasks and powers of involved agencies and organizations to ensure its proactivity and effectiveness, upholding responsibilities of heads of these agencies and organizations.

3. Interdisciplinary cooperation activities on domestic violence prevention and control at the central and local levels shall be conducted according to the interdisciplinary coordination mechanism applicable to, and operation regulations of the Steering Boards for Family Affairs at all levels as specified by the Prime Minister.

Article 45. Further training in knowledge and skills for participating in domestic violence prevention and control

1. Persons engaged in domestic violence prevention and control shall be provided with knowledge and skills on domestic violence prevention and control and other necessary knowledge and skills related to domestic violence prevention and control.

2. Judges, assessors, court clerks, procurators, investigators, commune-level police officers, heads of villages, heads of residential groups, heads of Boards for Fatherland Front Affairs in residential areas, heads of branches of associations, and the Steering Boards for Family Affairs shall be provided with knowledge and skills for domestic violence prevention and control, and gender equality in domestic violence prevention and control.

Chapter V

STATE MANAGEMENT OF, AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS FOR, DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 46. Contents of state management of domestic violence prevention and control

1. To promulgate and submit to competent authorities for promulgation, and organize the implementation of, policies, laws and plans on domestic violence prevention and control.

2. To conduct public information, communication, dissemination and education about the law on domestic violence prevention and control.

3. To make statistics of domestic violence prevention and control.

4. To provide training and further training for persons engaged in domestic violence prevention and control.

5. To carry out scientific research and international cooperation in domestic violence prevention and control.

6. To commend individuals and collectives that record outstanding achievements in domestic violence prevention and control.

7. To carry out inspection, examination and settlement of complaints and denunciations and handling of acts of violation of the law on domestic violence prevention and control.

Article 47. Responsibilities of state management agencies in charge of domestic violence prevention and control

1. The Government shall perform the uniform state management of domestic violence prevention and control; and submit biennial reports or unscheduled reports on domestic violence prevention and control to the National Assembly.

2. The Ministry of Culture, Sports and Tourism shall be held responsible before the Government for performance of state management of, and interdisciplinary coordination in, domestic violence prevention and control.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of domestic violence prevention and control; and make statistics of domestic violence prevention and control within the scope of their management and send the results thereof to the Ministry of Culture, Sports and Tourism.

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of domestic violence prevention and control in their localities. Provincial-level People’s Committees shall make statistics of domestic violence prevention and control within the scope of their management and send the results thereof to the Ministry of Culture, Sports and Tourism.

Article 48. Responsibilities of the Ministry of Culture, Sports and Tourism

1. To promulgate according to its competence, or submit to competent state agencies for promulgation, legal documents, programs and plans on domestic violence prevention and control.

2. To assume the prime responsibility for, and coordinate with related agencies and organizations in, organizing the implementation of legal documents, programs and plans on domestic violence prevention and control; and interdisciplinary cooperation in domestic violence prevention and control.

3. To assume the prime responsibility for, and coordinate with related agencies and organizations in, guiding the counseling, public information, education and communications work; to compile sample materials for dissemination of domestic violence prevention and control knowledge and skills.

4. To assume the prime responsibility for, and coordinate with related agencies and organizations in, organizing further training in knowledge and skills for persons engaged in domestic violence prevention and control.

5. To assume the prime responsibility for, and coordinate with others in, making statistics of, and managing the database on, domestic violence prevention and control.

6. To assume the prime responsibility for, and coordinate with related agencies in, carrying out the inspection, examination and handling of acts of violation of the law on domestic violence prevention and control.

7. To carry out scientific research and international cooperation in domestic violence prevention and control.

8. To direct the building, implementation, review of experience from, and expansion of models of domestic violence prevention and control.

9. To guide the integration of contents on domestic violence prevention and control into village codes and conventions of residential communities.

Article 49. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. The Ministry of Health shall:

a/ Promulgate, and organize the implementation of, regulations on provision of healthcare and treatment for patients being domestic violence victims at medical examination and treatment establishments;

b/ Guide medical examination and treatment establishments in making statistics of, and reporting cases of patients being domestic violence victims;

c/ Provide further training in knowledge and skills of the medical workers  providing counseling, care and treatment to domestic violence victims.

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

a/ Promulgate according to its competence, or submit to competent state agencies for promulgation, legal documents on social assistance establishments; and guide the admission of, and provision of assistance to, domestic violence victims at social assistance establishments;

b/ Direct the integration of contents on domestic violence prevention and control into programs and plans on gender equality, protection of children, elderly persons and persons with disabilities, vocational education, employment, poverty reduction, and prevention and control of social vices;

c/ Guide social assistance establishments in making statistics of, and reporting on cases of domestic violence victims who are admitted to, and provided with assistance at, social assistance establishments.

3. The Ministry of Education and Training shall:

a/ Direct the integration of knowledge on domestic violence prevention and control into education and training programs in conformity with requirements of each discipline and level;

b/ Guide education institutions in receiving, detecting and assisting learners being domestic violence victims.

4. The Ministry of Information and Communications shall:

a/ Direct the mass media to conduct public information and dissemination about policies and laws on domestic violence prevention and control;

b/ Assume the prime responsibility for, and coordinate with related agencies in, detecting and preventing domestic violence-inciting information, images and data in the cyberspace, the press, video games and publications.

5. The Ministry of Justice shall:

a/ Coordinate with others in dissemination and education of the law on domestic violence prevention and control, provision of knowledge and skills for conciliators and persons performing legal aid in domestic violence prevention and control;

b/ Guide state-run legal aid centers and organizations providing legal aid in making statistical reports on provision of legal aid to domestic violence victims in accordance with the law on legal aid.

6. The Ministry of Public Security shall:

a/ Promulgate documents guiding the supervision of the implementation of contact prohibition decisions;

b/ Direct the integration of knowledge on domestic violence prevention and control into training and further training programs in education institutions under its management;

c/ Assume the responsibility for, and coordinate with others in, providing further training in knowledge and skills for domestic violence prevention and control work for the People’s Public Security forces;

d/ Guide the making of statistics on domestic violence prevention and control within the scope of its management.

7. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with related agencies and organizations  in, conducting dissemination and education of policies and laws on domestic violence prevention and control.

Article 50. Responsibilities of local administrations at all levels

1. To direct and organize the implementation of state management of domestic violence prevention and control in their localities according to their competence.

2. To allocate sufficient funds and arrange qualified personnel for performance of domestic violence prevention and control tasks in their localities in accordance with this Law.

3. Annually, People’s Committees at all levels shall report to the same-level People’s Councils on domestic violence prevention and control in their localities.

Article 51. Responsibilities of people’s courts and people’s procuracies at all levels

1. To protect lawful rights and interest of domestic violence victims.

2. To proactively prevent, and promptly detect, stop and handle violations of the law on domestic violence prevention and control.

3. To provide further training in knowledge and skills on domestic violence prevention and control for judges, assessors, court clerks, and procurators.

4. Within the ambit of their tasks and powers, to assume the prime responsibility for, and coordinate with related agencies and organizations in, conducting dissemination and education of policies and laws on domestic violence prevention and control.

5. To make statistics of domestic violence prevention and control within the scope of their management and send the results thereof to the Ministry of Culture, Sports and Tourism.

Article 52. Responsibilities of the Vietnam Fatherland Front and its member organizations

1. To conduct oversight and social criticism; and participate in the oversight and social criticism in the course of formulation and implementation of policies and laws on domestic violence prevention and control.

2. To conduct dissemination and education of, encourage and mobilize their members and people to comply with, the law on domestic violence prevention and control and other relevant laws; to conduct dissemination and education of skills for controlling domestic violence behaviors in their agencies and organizations and for the people.

3. To propose necessary measures to related state agencies to implement the law on domestic violence prevention and control and other relevant laws; to participate in domestic violence prevention and control, and provision of care and assistance to, and protection of, domestic violence victims.

4. To assume the prime responsibility for, and coordinate with others in, domestic violence prevention and control in accordance with this Law.

Article 53. Responsibilities of the Vietnam Women’s Union

1. To discharge the responsibilities specified in Article 52 of this Law.

2. To provide counseling and participate in conciliation related to domestic violence prevention and control at the grassroots level; to provide, connect, and recommend counseling and assistance services for domestic violence victims.

3. To organize activities of livelihood support and job creation and provide other supports for domestic violence victims.

4. To assume the prime responsibility for, and coordinate with organizations and establishments in, providing assistance in domestic violence prevention and control within the scope of its management; to expand models of domestic violence prevention and control.

5. To coordinate with related agencies, organizations and individuals in protecting and assisting domestic violence victims being women and children.

6. To coordinate with others in summing up and making statistical reports on women and children being domestic violence victims for submission to the Ministry of Culture, Sports and Tourism.

Article 54. Responsibilities of social organizations, socio-professional organizations and economic organizations

1. To participate in overseeing the implementation of this Law.

2. To mobilize and provide support for domestic violence prevention and control.

3. To participate in dissemination and mobilization of their members and the people to commit to refrain from committing acts of domestic violence and building a happy family.

4. To participate in provision of counseling and conciliation in domestic violence prevention and control, provision of support for domestic violence victims, and education of persons committing acts of domestic violence.

5. To receive and collect information from their members, the people and the society for reporting, making recommendation to, and advising agencies, organizations and individuals on the implementation of policies and laws on domestic violence prevention and control.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 55. To amend and supplement Article 135 of the Civil Procedure Code

To amend and supplement Article 135 of Civil Procedure Code No. 92/2015/QH13, which has a number of articles amended and supplemented under Civil Procedure Code No. 45/2019/QH14, and Law No. 59/2020/QH14 as follows:

“Article 135. Issuance of a decision to apply a provisional urgent measure by the court at its own discretion

The court may issue at its own discretion a decision on application of a provisional urgent measure specified in Clause 1, 2, 3, 4, 5 or 14, Article 114 of this Code, in case the involved parties do not request the application thereof.”.

Article 56. Effect

1. This Law takes effect on July 1, 2023.

2. Law No. 02/2007/QH12 on Domestic Violence Prevention and Control ceases to be effective on the effective date of this Law.-

This Law was passed on November 14, 2022, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 4^th fourth session.

Chairman of the National Assembly
VUONG DINH HUE