DECREE NO. 08/2009/NĐ-CP PROVIDING DETAILS AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PREVENTION AND COMBATING DOMESTIC VIOLENCE

DECREE

Regulations on Detailed Provisions and Guidance for Implementation of Certain Articles of the Law on Prevention and Control of Domestic Violence

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THE GOVERNMENT

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

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

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree provides detailed provisions and guidance for implementation of certain articles of the Law on Prevention and Control of Domestic Violence regarding: state policies on prevention and control of domestic violence; community advice, suggestions, and criticism on preventing domestic violence; measures to prohibit contact as decided by the Chairman of the People's Committee of communes, towns, wards (hereinafter referred to collectively as the People's Committee at the commune level); facilities assisting victims of domestic violence.

2. This Decree applies to agencies, organizations, families, individuals within the country, and organizations and individuals from abroad operating in Vietnam (hereinafter referred to collectively as organizations and individuals).

Article 2. Programs and Plans for Prevention and Control of Domestic Violence

1. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with ministries, ministerial-level agencies, and government-affiliated agencies to develop the National Action Program on Prevention and Control of Domestic Violence to be submitted to the Prime Minister for approval.

2. Annually, based on the National Action Program on Prevention and Control of Domestic Violence approved by the Prime Minister, the Ministry of Culture, Sports and Tourism shall develop a national plan for prevention and control of domestic violence; People's Committees at all levels shall base their plans for prevention and control of domestic violence within their localities and organize their implementation on the National Action Program on Prevention and Control of Domestic Violence approved by the Prime Minister and the plan of the Ministry of Culture, Sports and Tourism.

3. Programs and plans for prevention and control of domestic violence shall include the following basic contents:

a. Assessment of the current situation of domestic violence and work on its prevention and control;

b. Determination of general and specific goals of the program and plan for prevention and control of domestic violence;

c. Determination of solutions and tasks to achieve the goals of prevention and control of domestic violence in accordance with the economic and social conditions of the whole country or the locality;

d. Allocation of responsibilities among agencies, organizations, and individuals participating in the prevention and control of domestic violence;

đ. Statistics on prevention and control of domestic violence;

e. Budget estimate for the work of prevention and control of domestic violence.

4. Before December 15 each year, People's Committees at all levels shall be responsible for summarizing and evaluating the situation and results of implementing the plan for prevention and control of domestic violence in their localities and reporting to higher-level People's Committees; People's Committees of provinces and centrally-administered cities (hereinafter referred to collectively as provincial-level People's Committees) shall be responsible for sending reports on the results of implementing the plan for prevention and control of domestic violence to the Ministry of Culture, Sports and Tourism.

The Ministry of Culture, Sports and Tourism shall be responsible for summarizing, evaluating, and reporting to the Prime Minister the situation of implementing the National Action Program on Prevention and Control of Domestic Violence.

Chapter II

STATE POLICIES ON PREVENTION AND CONTROL OF DOMESTIC VIOLENCE

Article 3. Sources of Funding for Work on Prevention and Control of Domestic Violence

1. Sources of funding for work on prevention and control of domestic violence include state budget and sponsorship from domestic and foreign organizations and individuals.

2. The allocation of funds from the state budget for work on prevention and control of domestic violence is regulated as follows:

a. Annually, the state allocates funds from the state budget for work on prevention and control of domestic violence in accordance with laws on the state budget.

b. Funds for the tasks of prevention and control of domestic violence of ministries, ministerial-level agencies, government-affiliated agencies, and central agencies of political-social organizations shall be allocated in the annual regular budget estimates of these agencies and organizations.

c. Funds for the tasks of prevention and control of domestic violence of localities shall be guaranteed by the local budget and allocated in the annual regular budget estimates of local budget levels.

Article 4. Encouraging activities to prevent and combat domestic violence

1. Non-public welfare support centers for victims of domestic violence, counseling centers for preventing domestic violence, or other models for preventing domestic violence and supporting victims of domestic violence that meet the conditions for establishment and operation as prescribed by competent state agencies shall enjoy socialization encouragement policies similar to those for non-public entities operating in education, vocational training, healthcare, culture, sports, and environmental fields under current regulations.

2. The State encourages and provides funding for research, creation, publication, and dissemination of literary and artistic works with high value and quality concerning the prevention and combat of domestic violence.

Article 5. Policies for individuals directly participating in the prevention and combat of domestic violence

1. Individuals who directly participate in the prevention and combat of domestic violence and achieve notable results shall be rewarded according to the laws on competition and commendation;

2. Individuals who courageously save people or property of the State and the people when directly implementing actions to stop acts of domestic violence, if they die, shall be considered for recognition as martyrs; if they are injured resulting in a reduction in working capacity of 21% or more, they shall be considered for benefits equivalent to those provided to war invalids under the law;

3. Individuals who directly participate in the prevention and combat of domestic violence and suffer property damage shall have their losses compensated by the People's Committee of the province where the domestic violence occurred, in cases where the perpetrator is unable to compensate for the loss; the compensation funds shall be sourced from the provincial People's Committee budget allocated for domestic violence prevention and control tasks at the local level.

4. The Ministry of Culture, Sports and Tourism shall provide detailed guidance on the implementation of the provisions of this Article.

Chapter III

COUNSELING, CONTRIBUTIONS, AND CRITIQUES IN THE COMMUNITY REGARDING DOMESTIC VIOLENCE PREVENTION

Article 6. Family Counseling at the Grassroots Level

1. The People's Committee of the commune shall identify and compile a list of target groups to implement family counseling activities at the grassroots level as stipulated in Clause 3, Article 16 of the Law on Prevention and Control of Domestic Violence.

2. Based on the local domestic violence prevention and control plan and the list of target groups specified in Clause 1 of this Article, the People's Committee of the commune shall take the lead and coordinate with the Vietnam Fatherland Front Committee and its affiliated organizations at the same level, as well as the community, to organize grassroots-level family counseling activities.

3. Family counseling at the grassroots level shall be conducted through the following forms:

a. Direct counseling;

b. Counseling through mass media;

c. Counseling through other types of methods.

4. Judicial civil servants shall cooperate with cultural and social civil servants at the commune level to provide and disseminate information, knowledge about the prevention and control of domestic violence to individuals preparing for marriage before issuing the Marriage Registration Certificate; and provide content for grassroots-level family counseling to mass media agencies.

5. Civil servants engaged in cultural and social work, judicial civil servants, staff of the Vietnam Fatherland Front Committee, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, the Vietnam Farmers' Association, the Vietnam Veterans' Association, the Vietnam Senior Citizens' Association at the commune level, members of grassroots-level mediation teams, and health workers at the commune level who have been trained in counseling shall be the direct counselors for grassroots-level family counseling.

6. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Justice to compile materials on the prevention and control of domestic violence; develop training content and organize training for grassroots-level family counselors in the field of domestic violence prevention and control.

Article 7. Suggestions and Criticisms within the Community

1. Suggestions and criticisms within the community shall be applied to individuals who commit domestic violence as stipulated in Clause 1, Article 17 of the Law on Prevention and Control of Domestic Violence, if the time between two acts of violence does not exceed twelve months.

2. The authority to decide and organize suggestions and criticisms within the community, as well as the participants in such activities, shall be carried out according to the provisions of Clause 2, Article 17 of the Law on Prevention and Control of Domestic Violence. The organization of suggestions and criticisms for individuals committing domestic violence shall be conducted through a separate meeting at a suitable time so that all participants can attend fully.

3. After suggestions and criticisms within the community have been made against individuals committing domestic violence, the head of the community must prepare a record of the meeting and send it to the judicial civil servant, the cultural and social affairs civil servant at the commune level for storage, serving as a basis for applying measures to handle violations in cases where the individual who has been criticized continues to commit domestic violence.

4. In cases where individuals committing domestic violence intentionally absent themselves, the meeting for suggestions and criticisms will still proceed. In this case, the record of suggestions and criticisms will be sent to the individual committing domestic violence and the persons specified in Clause 3 of this Article.

Chapter IV

MEASURES TO PROHIBIT CONTACT AS DECIDED BY THE CHAIRMAN OF THE COMMUNE PEOPLE'S COMMITTEE

Article 8. Measures to Prohibit Contact

Measures to prohibit contact with victims of domestic violence involve not allowing individuals who commit domestic violence to perform the following actions:

1. Approaching the victim within a distance of less than thirty meters; except when there is a physical barrier such as a wall, fence, or other objects ensuring sufficient safety for the victim between the individual committing domestic violence and the victim.

2. Using telephones, faxes, emails, or other communication means to carry out violent acts against the victim.

Article 9. Conditions for the Chairman of the Commune People's Committee to Issue a Decision to Prohibit Contact

1. The Chairman of the Commune People's Committee where domestic violence occurs decides to prohibit individuals causing domestic violence from contacting victims of domestic violence for a period not exceeding three days when the following conditions are met:

a. There is a request from the victim of domestic violence, the guardian, or the lawful representative, or an authorized agency or organization; in cases where the authorized agency or organization makes a request, it must have the consent of the victim of domestic violence;

b. There has been an act of domestic violence causing harm or threatening to cause harm to the health or life of the victim of domestic violence;

c. The individual committing domestic violence and the victim of domestic violence reside separately during the prohibition period.

2. The authorized agencies or organizations referred to in point a, Clause 1 of this Article include the Department of Culture, Sports and Tourism; the Department of Labor, Invalids and Social Affairs; the Police Department; the workplace of the victim or political-social organizations, social organizations of which the victim is a member.

3. The act of domestic violence referred to in point b, Clause 1 of this Article is determined when there is one of the following grounds:

a. There is a confirmation certificate from a medical examination and treatment facility regarding the examination and treatment of injuries caused by domestic violence;

b. There are visible signs of injury on the body of the victim or clear signs of mental distress;

c. There is evidence proving a threat to the health or life of the victim of domestic violence.

4. Separate residence as provided in point c, Clause 1 of this Article includes the home of relatives, friends, a reliable address, or another place where the victim of domestic violence voluntarily moves to.

5. When implementing measures to prohibit contact, priority should be given to protecting the rights and legitimate interests of children, women, the elderly, and disabled persons.

6. Special cases where individuals committing domestic violence may contact victims of domestic violence after reporting to the head of the community where the victim resides, including:

a. The family has funeral, wedding, or engagement events;

b. The family has a member who has suffered an accident or serious illness;

c. Family property has been severely damaged due to natural disasters, fire, or epidemics;

d. Other cases where contact is necessary according to good local customs and practices.

Article 10. Content of the Decision Prohibiting Contact

1. The Decision Prohibiting Contact must clearly state:

a. The date, month, year of issuance; the name, position of the person issuing the decision.

b. The name, address of the person to whom the prohibiting contact measure is applied;

c. The basis for applying the prohibiting contact measure;

d. The reason for applying the prohibiting contact measure;

đ. The duration of the prohibiting contact measure;

e. The person assigned to supervise the implementation of the prohibiting contact measure.

2. The Decision Prohibiting Contact must bear the signature of the person issuing the decision and be stamped.

Article 11. Revocation of the prohibiting contact measure pursuant to the decision of the Chairman of the People's Committee at the commune level

1. The prohibiting contact measure shall be revoked in the following cases:

a. There is a request from the victim of domestic violence;

b. This measure is no longer necessary;

c. False information that served as the basis for the decision has been discovered.

2. The Chairman of the People's Committee at the commune level who issued the decision to apply the prohibiting contact measure is the authority with the power to revoke the prohibiting contact measure.

3. The decision revoking the prohibiting contact measure takes effect immediately upon signing and is sent promptly to the person committing domestic violence, the victim of domestic violence, and the head of the community where the victim resides.

Article 12. Handling Violations of the Decision Prohibiting Contact

1. A person committing domestic violence who violates the Decision Prohibiting Contact may be subject to administrative detention under the following circumstances:

a. There is a request from the victim of domestic violence;

b. The violator of the Decision Prohibiting Contact has been reminded by competent authorities, organizations, or individuals but continues to intentionally violate it.

2. The authority, procedure, and process of administrative detention are carried out in accordance with the provisions of the law on handling administrative violations.

3. A person committing domestic violence who violates the Decision Prohibiting Contact will be administratively sanctioned according to the provisions of the law.

Chapter V

DOMESTIC VIOLENCE VICTIM SUPPORT ORGANIZATIONS

Article 13. Activities Supporting Victims of Domestic Violence

1. Support activities for victims of domestic violence are humanitarian activities not for profit aimed at helping victims of domestic violence, including:

a. Health care; medical care;

b. Legal counseling; psychological counseling;

c. Providing temporary shelter when the victim of domestic violence does not have another place to stay, to avoid further acts of violence by the perpetrator of domestic violence;

d. Supporting essential needs for victims of domestic violence when they cannot meet these needs themselves or receive support from family members or friends. Essential need support includes providing food and drink, lending or providing clothing, bedding, and other essential items.

2. People's Committees at all levels are responsible for creating conditions for domestic violence victim support organizations to operate.

3. The People's Committee at the commune level is responsible for organizing the protection of domestic violence victim support organizations when necessary.

Article 14. Conditions for Establishing Domestic Violence Victim Support Organizations and Domestic Violence Prevention and Control Counseling Centers

1. Conditions for establishing domestic violence prevention and control counseling centers include:

a. Having a fixed workplace and sufficient funding to ensure the operation of the center;

b. The head of the center must be a person with full civil capacity and not be in a situation where they are serving a criminal sentence or decision, or educational measures at the commune, ward, town level, or placed in a treatment facility or educational institution according to the law on handling administrative violations;

c. Having counseling staff and personnel working at the center meeting the standards set forth in Article 15 of this Decree.

2. Conditions for establishing domestic violence victim support organizations include:

a. The conditions stipulated in Clause 1 of this Article;

b. The organization must have a minimum area of 30m², with a room arranged as a temporary shelter for victims of domestic violence and must meet requirements for hygiene and environment.

Article 15. Standards for counseling staff and personnel working at agencies supporting victims of domestic violence, counseling facilities on prevention and control of domestic violence

1. Counseling staff must meet the following standards:

a. Having full civil capacity; possessing good moral qualities;

b. Possessing knowledge and experience appropriate to the field of counseling and supporting victims;

c. Holding a certificate in caregiving and counseling on prevention and control of domestic violence.

2. Personnel working at victim support facilities and counseling facilities on prevention and control of domestic violence must be trained in prevention and control of domestic violence.

3. The Ministry of Culture, Sports and Tourism shall specify the standards for counseling staff; the issuance of counseling staff identification cards and certificates in caregiving and counseling on prevention and control of domestic violence; training in prevention and control of domestic violence.

Article 16. Procedures for registration of activities of victim support facilities and counseling facilities on prevention and control of domestic violence

1. Victim support facilities and counseling facilities on prevention and control of domestic violence may only operate after obtaining a Registration Activity Certificate.

2. The registration activity dossier includes:

a. Application for registration of activities of victim support facilities and counseling facilities on prevention and control of domestic violence;

b. Draft operational regulations of victim support facilities and counseling facilities on prevention and control of domestic violence;

c. Documents and materials proving compliance with conditions for establishing victim support facilities and counseling facilities on prevention and control of domestic violence as stipulated in Article 14 of this Decree;

d. Written confirmation by the People's Committee of the commune regarding the address of the operating headquarters of victim support facilities and counseling facilities on prevention and control of domestic violence.

3. Within thirty days from the date of receipt of the complete registration activity dossier of victim support facilities and counseling facilities on prevention and control of domestic violence as stipulated in Clause 2 of this Article, the competent state agency must issue a Registration Activity Certificate; in case of refusal, the reasons must be stated in writing.

4. Victim support facilities and counseling facilities on prevention and control of domestic violence may only operate according to the contents recorded in the Registration Activity Certificate. When changing the name, address of the headquarters, head of the organization, or the content of activities of victim support facilities and counseling facilities on prevention and control of domestic violence, the organizations or individuals that established such facilities must go through procedures to change the Registration Activity Certificate.

5. The Ministry of Culture, Sports and Tourism shall provide detailed guidance on the procedures for registration of activities of victim support facilities and counseling facilities on prevention and control of domestic violence.

Article 17. Authority to Issue Registration Activity Certificates for Victim Support Facilities and Counseling Facilities on Prevention and Control of Domestic Violence

1. The Provincial People's Committee shall issue Registration Activity Certificates for victim support facilities and counseling facilities on prevention and control of domestic violence in the following cases:

a. Facilities with their main office located in provinces or centrally-administered cities established by Ministries, ministerial-level agencies, government agencies, or central agencies of political-social organizations;

b. Facilities with their main office located in provinces or centrally-administered cities established by foreign organizations or individuals;

c. Facilities established by the Provincial People's Committee.

2. The People's Committee of districts, towns, or provincial cities shall issue Registration Activity Certificates for victim support facilities and counseling facilities on prevention and control of domestic violence established by domestic organizations or individuals not falling under the cases specified in Clause 1 of this Article.

Article 18. Suspension and Revocation of Registration Certificate for Activities of Institutions Supporting Victims of Domestic Violence and Institutions Providing Counseling on Prevention and Control of Domestic Violence

Clause 1. If institutions supporting victims of domestic violence and institutions providing counseling on prevention and control of domestic violence fail to meet the conditions stipulated in Article 14 of this Decree during their operation, they shall be suspended from operating until such conditions are met.

Clause 2. The Registration Certificate for Activities of institutions supporting victims of domestic violence and institutions providing counseling on prevention and control of domestic violence shall be revoked in the following cases:

Point a. The Registration Certificate for Activities was issued to the institution without the appropriate authority or in violation of the law.

Point b. The institution does not operate within twelve months from the date of issuance of the Registration Certificate for Activities.

Point c. The institution changes its purpose of operation.

Point d. The institution is dissolved.

Clause 3. The agency that issued the Registration Certificate for Activities to the institution supporting victims of domestic violence and the institution providing counseling on prevention and control of domestic violence is the competent authority to issue decisions to suspend operations or revoke the Registration Certificate for Activities of such institutions.

Article 19. Financial Support for Non-Governmental Institutions Supporting Victims of Domestic Violence and Institutions Providing Counseling on Prevention and Control of Domestic Violence

Clause 1. Non-governmental institutions supporting victims of domestic violence and institutions providing counseling on prevention and control of domestic violence shall be supported financially by the State in the following cases:

Point a. The institution is established in areas with many victims of domestic violence as determined by the provincial People's Committee.

Point b. The institution is established in remote, mountainous, economically disadvantaged areas, or areas with extremely difficult economic and social conditions.

Clause 2. Financial support for the institution specified in Clause 1 of this Article shall be implemented according to the plan on prevention and control of domestic violence established by the People's Committees at all levels; the financial support shall be allocated in the annual budget of each level dedicated to the work of preventing and controlling domestic violence.

Clause 3. The amount of financial support for the institution specified in Clause 1 of this Article shall be determined based on the scale and effectiveness of the institution's activities, and the number of domestic violence victims assisted annually.

Clause 4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism to specify the specific cases eligible for financial support and the levels of financial support as stipulated in Clauses 2 and 3 of this Article.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Application of Law to Institutions Supporting Victims of Domestic Violence and Institutions Providing Counseling on Prevention and Control of Domestic Violence Established Before the Effective Date of This Decree

Clause 1. Institutions supporting victims of domestic violence and institutions providing counseling on prevention and control of domestic violence established before the effective date of this Decree, which meet the conditions stipulated in Article 14 of this Decree, may continue their operations.

Clause 2. Within six months from the effective date of this Decree, the institution specified in Clause 1 of this Article shall have the responsibility to submit an application to the competent authority specified in Article 17 of this Decree to obtain the Registration Certificate for Activities. In case the institution fails to submit an application to the competent authority within the aforementioned period to obtain the Registration Certificate for Activities, it shall not be allowed to continue its operations.

Clause 3. Institutions supporting victims of domestic violence and institutions providing counseling on prevention and control of domestic violence established before the effective date of this Decree, which do not meet the conditions stipulated in Article 14 of this Decree, must follow the procedures specified in Article 16 of this Decree to obtain the Registration Certificate for Activities.

Article 21. Effective Date

This Decree shall take effect forty-five days from the date of issuance.

Article 22. Responsibility for enforcement

Clause 1. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Clause 2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and related organizations and individuals shall be responsible for implementing this Decree./.