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

LAW

PREVENTION AND COMBATTING DOMESTIC VIOLENCE

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Prevention and Combating Domestic Violence.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates measures for prevention, intervention, protection, support, and handling violations in preventing and combating domestic violence; conditions ensuring prevention and combating domestic violence; state management and responsibilities of agencies, organizations, families, and individuals in preventing and combating domestic violence.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Domestic violence is an intentional act by a family member causing harm or having the potential to cause harm to another family member physically, mentally, sexually, or economically.

2. Prohibition of Contact is a measure prohibiting a person who commits acts of domestic violence from approaching the victim of domestic violence or using means or tools to commit acts of domestic violence.

3. Shelter Place is a location to ensure safety for victims of domestic violence.

4. Education and Support for Behavioral Change in Domestic Violence is a process providing knowledge, skills in interpersonal behavior, controlling negative emotions, managing behavior, resolving conflicts to help individuals with violent behavior cease such behavior.

Article 3. Acts of Domestic Violence

1. Acts of domestic violence include:

a) Beating, mistreating, assaulting, threatening, or other intentional acts harming health or life;

b) Insulting, berating, or other intentional acts damaging reputation or dignity;

c) Forcing to witness violence against people or animals to create continuous psychological pressure;

d) Neglecting, ignoring; failing to nurture, care for family members who are children, pregnant women, women under three years old with children, elderly persons, persons with disabilities, or those unable to self-care; failing to educate children;

đ) Discriminating, treating unequally based on physical appearance, gender, sexual orientation, or ability of family members;

e) Preventing family members from meeting relatives, establishing legitimate and healthy social relationships, or other acts aimed at isolating them and creating continuous psychological pressure;

g) Obstructing the exercise of rights and obligations in family relations between grandparents and grandchildren; parents and children; spouses; siblings;

h) Disclosing or disseminating private life information, personal secrets, and family secrets of family members to damage reputation or dignity;

i) Forcing to engage in sexual acts against the will of the spouse;

k) Forcing to perform pornographic acts; forcing to listen to pornographic sounds, view pornographic images, read pornographic content, or stimulating violence;

l) Forcing early marriage, marriage, divorce, or obstructing lawful marriage or divorce;

m) Forcing pregnancy, abortion, or sex selection of the fetus;

n) Seizing, destroying common property of the family or the private property of other family members;

o) Forcing family members to study, work beyond their capacity, or make financial contributions beyond their capability; controlling the assets and income of family members to create material, mental, or other dependencies;

p) Isolating, confining family members;

q) Forcing family members out of lawful residence contrary to the law.

2. Acts prescribed in Clause 1 of this Article, when committed between divorced persons; persons living together as husband and wife; persons being parents, children, siblings of divorced persons, or persons living together as husband and wife; persons who have previously had a foster parent-child relationship, shall also be considered acts of domestic violence as defined by the Government.

Article 4. Principles for Prevention and Combating Domestic Violence

1. Prevention shall be prioritized, with the person subjected to domestic violence at the center.

2. Respect and protect the rights and legitimate interests of those involved; ensure the best interests of children; prioritize protecting the rights and legitimate interests of women who are pregnant, women caring for children under 36 months old, elderly people, persons with disabilities, and those unable to care for themselves; implement gender equality.

3. Emphasize activities related to propaganda, education, counseling, and mediation in the prevention and combating of domestic violence.

4. Acts violating laws on the prevention and combating of domestic violence must be promptly detected, prevented, and strictly handled according to the provisions of the law. In cases where the person subjected to domestic violence is a child, during the handling process, there must be participation from representatives of state management agencies for children or individuals assigned to work on child protection.

5. Enhance the responsibility of agencies, organizations, and their heads; emphasize inter-sectoral coordination in the prevention and combating of domestic violence.

6. Promote the role and responsibility of individuals, families, and communities.

7. Implement exemplary responsibility in the prevention and combating of domestic violence for cadres, civil servants, public officials, and members of the People's Armed Forces.

Article 5. Prohibited Acts in the Prevention and Combating of Domestic Violence

1. Acts of domestic violence as stipulated in Article 3 of this Law.

2. Inciting, urging, enticing, luring, assisting, or compelling others to commit acts of domestic violence.

3. Using, disseminating information, materials, images, sounds aimed at inciting domestic violence.

4. Retaliating or threatening retaliation against those who assist victims of domestic violence, those who discover, report, denounce, or prevent acts of domestic violence.

5. Obstructing the discovery, reporting, denunciation, prevention, and handling of acts of domestic violence.

6. Exploiting activities for the prevention and combating of domestic violence to commit unlawful acts.

7. Tolerating, covering up, not handling, or improperly handling acts of domestic violence according to the provisions of the law.

Article 6. State Policies on the Prevention and Combating of Domestic Violence

1. The State allocates the budget to effectively carry out the work of preventing and combating domestic violence; prioritizing ethnic minority areas and mountainous regions, and areas with particularly difficult socio-economic conditions.

2. Encourage agencies, organizations, and individuals to provide assistance, sponsorships, donations, contributions, support, endorsements, investments in funds, human resources, infrastructure, and essential goods for the work of preventing and combating domestic violence; international cooperation in preventing and combating domestic violence; developing models of counseling to build happy families, prevent domestic violence, and support victims of domestic violence; developing networks of population collaborators participating in family work, preventing and combating domestic violence in the community.

3. Encourage literary and artistic works on the prevention and combating of domestic violence; apply science and information technology in the prevention and combating of domestic violence.

4. Commend and reward agencies, organizations, and individuals with outstanding achievements in the prevention and combating of domestic violence; establish support systems to compensate for health, life, and property losses suffered by individuals participating in the prevention and combating of domestic violence.

5. Support the enhancement of capacity for those engaged in the prevention and combating of domestic violence.

Article 7. National Action Month for Preventing and Combating Domestic Violence

1. The National Action Month for Preventing and Combating Domestic Violence is organized annually in June to promote activities for preventing and combating domestic violence and to honor the value of family.

2. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with relevant agencies and organizations to direct, guide, and implement the National Action Month for Preventing and Combating Domestic Violence.

Article 8. International Cooperation on Preventing and Combating Domestic Violence

1. International cooperation on preventing and combating domestic violence is carried out on the principles of equality, respect for independence and sovereignty, and compliance with Vietnamese law and international law.

2. Contents of international cooperation on preventing and combating domestic violence include:

a) Participating in international organizations; signing and implementing international treaties and agreements on preventing and combating domestic violence;

b) Building and implementing programs, projects, and activities on preventing and combating domestic violence;

c) Exchanging information and experience on preventing and combating domestic violence;

d) Conducting scientific research and training human resources on preventing and combating domestic violence.

Article 9. Rights and Responsibilities of Victims of Domestic Violence

1. Victims of domestic violence have the following rights:

a) Request competent authorities to protect their health, life, dignity, personality, and other legitimate rights and interests related to acts of domestic violence;

b) Request competent authorities to apply preventive, protective, and supportive measures as prescribed by this Law;

c) Be provided with temporary shelter arrangements, confidentiality regarding the location of such shelter, and personal and family privacy information according to the provisions of this Law and other relevant laws;

d) Receive medical services, psychological counseling, skills to cope with domestic violence, legal assistance, and social support as prescribed by law;

đ) Require perpetrators of domestic violence to remedy consequences and compensate for damages to health, dignity, personality, and property;

e) Be informed about their rights and obligations during the resolution of family member conflicts and the handling of domestic violence offenses;

g) Lodge complaints, denunciations, and lawsuits against violations of laws on preventing and combating domestic violence;

h) Other rights as prescribed by relevant laws concerning the prevention and combat of domestic violence.

2. Victims of domestic violence, guardians, or legal representatives of victims of domestic violence have the responsibility to provide complete, accurate, and timely information related to acts of domestic violence when requested by competent authorities.

Article 10. Responsibilities of Perpetrators of Domestic Violence

1. Perpetrators of domestic violence have the following responsibilities:

a) Cease acts of domestic violence;

b) Comply with requests and decisions of competent authorities when applying preventive, restraining, protective, supportive measures, and handling violations of laws on preventing and combating domestic violence;

c) Promptly take victims of domestic violence to emergency care and treatment. Care for victims of domestic violence, except where the victim, guardian, or legal representative of the victim refuses;

d) Compensate for losses and remedy consequences caused by themselves to victims of domestic violence, participants in preventing and combating domestic violence, and other organizations and individuals.

2. If the perpetrator of domestic violence is a guardian or legal representative of the victim of domestic violence, they may not exercise the rights of guardianship or legal representation prescribed by this Law in cases of domestic violence committed by themselves.

Article 11. Responsibilities of family members in preventing and combating domestic violence

1. Educating and reminding family members to comply with legal provisions on preventing and combating domestic violence, marriage and family relations, gender equality, and other relevant legal provisions.

2. Mediating conflicts and disputes among family members; requiring individuals engaging in acts of domestic violence to immediately cease such acts; participating in caring for victims of domestic violence.

3. Cooperating with agencies, organizations, individuals, and community residents in preventing and combating domestic violence.

4. Implementing measures to prevent and combat domestic violence in accordance with the provisions of this Law and other relevant legal provisions.

Article 12. Rights and responsibilities of individuals in preventing and combating domestic violence

1. Being awarded commendations when achieving merits in preventing and combating domestic violence in accordance with legal provisions on competition and commendation; being protected and kept confidential about personal information when reporting or denouncing acts of domestic violence; receiving state support to compensate for health, life damage, and property loss when participating in preventing and combating domestic violence in accordance with the Government's regulations.

2. When an individual discovers acts of domestic violence, they have the following responsibilities:

a) Immediately report to the agency, organization, or individual with authority as stipulated in Clause 1, Article 19 of this Law;

b) Participate in protecting and supporting victims of domestic violence and activities to prevent and combat domestic violence in the community.

Chapter II

PREVENTION OF DOMESTIC VIOLENCE

Article 13. Objectives and requirements in information dissemination, communication, and education

1. Information dissemination, communication, and education on preventing and combating domestic violence aim to enhance awareness, guide behavior, and contribute to eliminating domestic violence.

2. Information dissemination, communication, and education on preventing and combating domestic violence must meet the following requirements:

a) Regular, accurate, clear, simple, and practical;

b) Suitable for educational level, age, gender, tradition, culture, ethnicity, religion, and geographic area; focusing on children, pregnant women, women under three years old, elderly people, persons with disabilities, those unable to care for themselves, people living in ethnic minority areas and mountainous regions, areas with difficult socio-economic conditions, and particularly difficult socio-economic areas;

c) Emphasizing changes in behavior of individuals engaging in domestic violence and those frequently encouraging violence, discrimination, and gender inequality;

d) Gender equality, protecting the dignity, reputation, and credibility of victims of domestic violence and related parties;

e) Ensuring privacy and confidentiality of personal and family information.

Article 14. Content of information dissemination, communication, and education

1. Policies and laws on preventing and combating domestic violence.

2. Human rights, citizens' rights, gender equality within the family.

3. Fine traditions of Vietnamese people and families; exemplary models of good people and deeds in building happy families and preventing and combating domestic violence.

4. Knowledge about marriage and family; skills in family interaction; skills in protecting and supporting victims of domestic violence; prevention, suppression, and handling of acts of domestic violence.

5. Domestic and international experiences in preventing and combating domestic violence.

6. Other contents related to preventing and combating domestic violence.

Article 15. Forms of Information, Communication, and Education

Information, communication, and education on preventing and combating domestic violence shall be carried out through the following forms:

1. Conferences, seminars, training sessions, specialized lectures; direct dissemination of laws;

2. Mass media, loudspeakers, internet, posters, banners, propaganda paintings;

3. Integration into programs and activities at educational institutions;

4. Organizing contests and communication campaigns;

5. Integration into literary, artistic, sports, youth group, and community activities; models for preventing and combating domestic violence;

6. Other appropriate forms in accordance with the provisions of the law.

Article 16. Counseling on Preventing and Combating Domestic Violence

1. The content of counseling on preventing and combating domestic violence includes:

a) Information, knowledge, laws on preventing and combating domestic violence, marriage and family, gender equality, and related legal provisions; rights and responsibilities of victims of domestic violence and other family members;

b) Skills in family interaction, organizing family life, building a happy family, handling incidents of domestic violence, and caring for victims of domestic violence.

2. Counseling on preventing and combating domestic violence focuses on the following subjects:

a) Victims of domestic violence;

b) Individuals committing acts of domestic violence;

c) Children, pregnant women, women under three years old who are raising children, elderly people, persons with disabilities, individuals unable to care for themselves; residents in ethnic minority areas and mountainous regions, economically disadvantaged areas, and extremely economically disadvantaged areas;

d) Individuals frequently advocating for domestic violence, gender discrimination, and gender bias;

đ) Individuals preparing to get married.

3. People's Committees at all levels shall take the lead and coordinate with Women's Unions at the same level and other agencies, organizations, and individuals to guide and create conditions for counseling activities; provide training on knowledge and skills for preventing and combating domestic violence for counselors working at the grassroots level.

Article 17. Mediation in Preventing and Combating Domestic Violence

1. Mediation in preventing and combating domestic violence involves mediators guiding parties to voluntarily resolve conflicts and disputes among family members to prevent the occurrence and recurrence of acts of domestic violence.

Mediation in preventing and combating domestic violence does not replace measures for dealing with individuals committing acts of domestic violence.

2. Mediation in preventing and combating domestic violence must ensure the following principles:

a) Proactive, timely, and persistent;

b) Respect for the voluntary consent of the parties and the safety of victims of domestic violence;

c) Objectivity, equality, fairness, and compliance with legal provisions and fine traditions of the Vietnamese nation;

d) Ensuring confidentiality of information about the private lives of family members involved in mediation;

đ) Respecting the rights and legitimate interests of others; not infringing upon the interests of the State and public interest.

Article 18. Subjects Conducting Mediation

1. Family members and clan members have the responsibility to mediate conflicts and disputes to prevent the occurrence or recurrence of acts of domestic violence.

In necessary cases, religious dignitaries, village elders, community leaders, relatives, individuals from the agency or organization of the conflicting parties, and those trained or experienced in social work, psychology, and domestic violence prevention and control may be invited to participate in mediation.

2. Agencies and organizations have the responsibility to organize mediation of conflicts and disputes between their employees and family members when requested by family members; in necessary cases, they shall cooperate with local agencies and organizations for mediation.

3. Grassroots mediation committees have the responsibility to mediate conflicts, disputes, and violations of laws on preventing and combating domestic violence in accordance with the provisions of the Law on Grassroots Mediation.

4. People's Committees at the commune level shall take the lead and coordinate with the Vietnam Fatherland Front Committee at the same level and other organizations and individuals to guide and provide training on knowledge and skills for preventing and combating domestic violence for grassroots mediators.

Chapter III

PROTECTION, SUPPORT, AND HANDLING OF VIOLATIONS IN PREVENTING AND COMBATING DOMESTIC VIOLENCE

Section 1. REPORTING AND HANDLING OF INFORMATION AND COMPLAINTS ABOUT DOMESTIC VIOLENCE

Article 19. Reporting and Complaints about Domestic Violence

1. Addresses for receiving information and complaints about domestic violence include:

a) People's Committee of the commune where the act of domestic violence occurs;

b) Police agencies, Border Guard Posts near the location where the act of domestic violence occurs;

c) Educational institutions where the person subjected to domestic violence is a student;

d) Village Chief, Ward Chief, Head of the Mass Organization Working Group in the residential area where the act of domestic violence occurs;

đ) Heads of political-social organizations at the commune level where the act of domestic violence occurs;

e) National hotline for preventing and combating domestic violence.

2. The reporting and complaints about acts of domestic violence to the addresses specified in Clause 1 of this Article shall be carried out through the following forms:

a) Calling, sending messages;

b) Sending letters, documents;

c) Directly reporting information.

3. The Government shall stipulate regulations on the national hotline for preventing and combating domestic violence to receive and handle reports and complaints about acts of domestic violence.

Article 20. Handling Reports and Complaints about Acts of Domestic Violence

1. When the police agency or Border Guard Post nearest to the location where the act of domestic violence occurs receives a report or complaint, within the scope of their authority, they must promptly take measures to prevent and handle the act of domestic violence according to their jurisdiction; simultaneously, they must inform the Chairman of the People's Committee of the commune where the act of domestic violence occurs.

2. Organizations and individuals specified in points c, d, đ, and e of Clause 1 of Article 19 of this Law, upon receiving a report or complaint about an act of domestic violence, must immediately inform the Chairman of the People's Committee of the commune where the act of domestic violence occurs and participate in preventing the act of domestic violence to the extent of their ability.

3. The Chairman of the People's Committee of the commune has the responsibility to handle or assign someone to handle the report or complaint about an act of domestic violence immediately upon receipt, or upon receiving a report about an act of domestic violence from organizations and individuals specified in Clauses 1 and 2 of this Article, except in cases provided for in Clause 4 of this Article.

In cases where the report or complaint about an act of domestic violence involves a child, pregnant woman, woman nursing a child under 36 months old, elderly person, disabled person, person unable to care for themselves, or an act of domestic violence that has caused or may cause danger to the health or life of the victim, the Chairman of the People's Committee of the commune shall assign the Public Security Station of the commune, town, or township (hereinafter referred to as the Public Security Station) to handle the situation.

4. In cases where the report or complaint concerns a criminal offense, the reception and handling of reports and complaints shall be carried out in accordance with the provisions of the Criminal Procedure Law.

5. The process of receiving and handling reports and complaints about acts of domestic violence shall be implemented in accordance with the regulations of the Government.

Article 21. Use of Audio and Visual Records of Acts of Domestic Violence

1. Individuals who have audio and visual records of acts of domestic violence have the right to provide them to competent authorities responsible for resolving domestic violence cases.

2. The use of audio and visual records of acts of domestic violence during the resolution of domestic violence cases and their publication on mass media and the Internet must be done with the consent of the victim of domestic violence or their guardian or legal representative, except where otherwise provided by law.

Mục 2. PREVENTION OF DOMESTIC VIOLENCE ACTS; PROTECTION AND SUPPORT FOR VICTIMS OF DOMESTIC VIOLENCE, PARTICIPANTS IN THE PREVENTION AND COMBATING OF DOMESTIC VIOLENCE

Article 22. Measures to prevent domestic violence acts and protect and support victims of domestic violence

1. Measures to prevent domestic violence acts and protect and support victims of domestic violence include:

a) Compelling the cessation of domestic violence acts;

b) Requesting persons committing domestic violence acts to report to the police station of the commune where the domestic violence act occurred;

c) Prohibiting contact;

d) Arranging temporary shelter and providing essential needs support;

đ) Providing care and treatment for victims of domestic violence;

e) Legal assistance and psychological counseling, skills training to respond to domestic violence acts;

g) Education and support for behavior change related to domestic violence;

h) Offering opinions and criticism of persons committing domestic violence acts within the community;

i) Performing community service work;

k) Other preventive measures and ensuring administrative violation handling according to the provisions of laws on administrative violation handling; preventive measures and protection of victims according to the provisions of criminal procedure laws for persons committing domestic violence acts.

2. The application of measures stipulated in points a, b, c, d, đ, e, g, h, and i of Clause 1 of this Article for foreign residents in Vietnam shall be implemented in accordance with the regulations of the Government.

Article 23. Compelling the cessation of domestic violence acts

1. Persons authorized to resolve domestic violence cases may immediately apply necessary measures according to the law to stop domestic violence acts.

2. Persons present at the location where the domestic violence act occurs have the responsibility to request persons committing domestic violence acts to immediately cease such acts based on their own capacity and the nature of the domestic violence act.

Article 24. Requesting persons committing domestic violence acts to report to the police station of the commune where the domestic violence act occurred

1. When assigned to resolve a case, the Chief of the Commune Police Station has the right to request persons committing domestic violence acts to report to the police station of the commune where the domestic violence act occurred to clarify information and resolve the case in the following situations:

a) The victim of domestic violence is a child, pregnant woman, woman nursing a child under 36 months old, elderly person, disabled person, or person unable to self-care;

b) There is evidence that the domestic violence act has or may continue to pose a danger to the health or life of the victim of domestic violence.

2. The request for persons committing domestic violence acts to report to the police station must be recorded in a record and witnessed by a member of the community.

3. In the event that persons committing domestic violence acts do not comply with the request, the Commune Police Station may use tools provided for by law to bring persons committing domestic violence acts to the police station.

Article 25. Prohibition of Contact According to the Decision of the Chairman of the People's Committee of the Commune

1. The Chairman of the People's Committee of the commune where the domestic violence act occurred decides to apply the prohibition of contact measure for each time not exceeding three days in the following cases:

a) At the request of the victim of domestic violence, guardian, or legal representative of the victim of domestic violence, or competent authority regarding domestic violence acts causing harm or threatening to cause harm to the health or life of the victim of domestic violence.

If the competent authority requests, it must obtain the consent of the victim of domestic violence, guardian, or legal representative of the victim of domestic violence;

b) Domestic violence acts threatening the life of the victim of domestic violence.

2. Within twelve hours from receiving the request specified in point a of Clause 1 of this Article, the Chairman of the People's Committee of the commune considers and decides to apply the prohibition of contact measure; if no decision is made, a written notification with reasons must be given to the requesting authority or individual.

3. The prohibition of contact decision takes effect immediately upon issuance and is sent to the person committing domestic violence acts, the victim of domestic violence, the Chief of the Commune Police Station, the Head of the Village, and the Head of the Neighborhood Association where the victim of domestic violence resides.

4. The Chairman of the People's Committee of the commune issuing the prohibition of contact decision has the authority to revoke the prohibition of contact decision. The revocation of the prohibition of contact decision is carried out in the following cases:

a) At the request of the person who requested the prohibition of contact decision specified in point a of Clause 1 of this Article;

b) The victim of domestic violence, guardian, or legal representative of the victim of domestic violence does not agree with the prohibition of contact decision specified in point b of Clause 1 of this Article;

c) When it is determined that this measure is no longer necessary.

5. When applying the prohibition of contact decision, the victim of domestic violence, guardian, or legal representative of the victim of domestic violence has the right to choose a place to stay during the prohibition period.

6. In the event that the person committing domestic violence acts violates the prohibition of contact decision, they will be subject to administrative detention measures to prevent domestic violence according to the regulations of the Government.

7. In the event of weddings, funerals, or other special circumstances where the person committing domestic violence acts needs to contact the victim of domestic violence, the person committing domestic violence acts must notify the person assigned to monitor the implementation of the prohibition of contact and commit to not allowing domestic violence acts to occur.

8. The Government shall provide detailed regulations on this matter.

Article 26. Prohibition on Contact as Decided by the Court

1. The People's Court handling or resolving a civil case between a person subjected to domestic violence and a person committing domestic violence may decide to apply the prohibition on contact for a period not exceeding four months if the following conditions are met:

a) The act of domestic violence causes harm or threatens to cause harm to the health or life of the person subjected to domestic violence;

b) There is a request from the person subjected to domestic violence or their guardian or legal representative, or from an authorized agency, organization, or individual.

In cases where the request comes from an authorized agency, organization, or individual, it must be agreed upon by the person subjected to domestic violence or their guardian or legal representative.

2. The People's Court handling or resolving a civil case between a person subjected to domestic violence and a person committing domestic violence may independently decide to prohibit contact for a period not exceeding four months when necessary to protect the life of the person subjected to domestic violence.

3. The prohibition on contact decision becomes effective immediately upon issuance and is sent to the person committing domestic violence, the person subjected to domestic violence, the Chairman of the People's Committee at the commune level, the Chief of the Police Station at the commune level, the Head of the Village, and the Head of the Neighborhood Association where the person subjected to domestic violence resides, and the People's Procuracy at the same level.

4. The Court issuing the prohibition on contact decision as stipulated in Clause 1 of this Article shall revoke the prohibition on contact decision upon request from the person subjected to domestic violence or their guardian or legal representative, or from an authorized agency, organization, or individual.

5. The Court issuing the prohibition on contact decision as stipulated in Clause 2 of this Article shall revoke the prohibition on contact decision when it deems that such measure is no longer necessary.

6. In cases where there is a wedding, funeral, or other special circumstances requiring the person committing domestic violence to have contact with the person subjected to domestic violence, the person committing domestic violence must notify the person assigned to monitor the prohibition on contact and commit to not engaging in acts of domestic violence.

7. The authority, procedure, and process for applying, changing, or revoking the prohibition on contact measures as stipulated in this Article shall be carried out in accordance with the provisions of the Civil Procedure Law.

Article 27. Supervision of the Implementation of the Prohibition on Contact Decision

1. Upon receiving the prohibition on contact decision as stipulated in Articles 25 and 26 of this Law, the Police Station at the commune level shall take the lead and coordinate with the Head of the Village, the Head of the Neighborhood Association, and related organizations at the grassroots level to supervise the implementation of the prohibition on contact decision and assign personnel to monitor the implementation of the prohibition on contact decision.

2. The assigned supervisor has the responsibility to monitor the implementation of the prohibition on contact decision. When discovering that the person committing domestic violence violates the prohibition on contact decision, the assigned supervisor has the right to require the person committing domestic violence to strictly comply with the prohibition on contact decision; in cases of continued violation, they shall report to the Chief of the Police Station at the commune level for handling according to the law.

3. In cases where the person committing domestic violence is allowed to have contact with the person subjected to domestic violence as stipulated in Clause 7 of Article 25 and Clause 6 of Article 26 of this Law, other members of the family have the responsibility to monitor to ensure that no acts of domestic violence occur.

Article 28. Arrangement of Temporary Shelter and Support for Essential Needs

1. Persons affected by domestic violence shall be provided with temporary shelter by the Chairman of the People's Committee at the commune level or by organizations, individuals voluntarily supporting them.

2. Persons affected by domestic violence shall be supported with essential needs in accordance with the provisions of the law on social assistance.

Article 29. Care and Treatment of Persons Affected by Domestic Violence

1. Medical examination and treatment facilities shall have the following responsibilities:

a) Receiving, screening, classifying, caring for, and treating patients who are persons affected by domestic violence;

b) Providing information about the health damage suffered by persons affected by domestic violence upon request from such persons or authorized agencies, organizations, or individuals.

2. Healthcare personnel during the care and treatment of patients, if they discover signs that the patient is affected by domestic violence, shall immediately report to the head of the medical examination and treatment facility.

3. Organizations providing assistance to prevent and combat domestic violence as stipulated in points a, c, d, and e of Clause 2, Article 35 of this Law, based on their functions and tasks, shall have the responsibility to care for persons affected by domestic violence.

4. The head of organizations providing assistance to prevent and combat domestic violence shall have the responsibility to notify the police station of the commune where the organization is located about cases where the person being cared for or treated shows signs of being affected by domestic violence for protection and handling according to the law.

Article 30. Legal Assistance and Psychological Counseling and Skills Training to Respond to Domestic Violence

1. Persons affected by domestic violence shall be provided with legal aid services by the State Legal Aid Center or organizations participating in legal aid in accordance with the provisions of the law on legal aid.

2. Persons affected by domestic violence shall be provided with psychological counseling and skills training to respond to domestic violence in accordance with the regulations of the Government.

3. The State encourages organizations and individuals to provide free counseling services to persons affected by domestic violence.

Article 31. Education and Support for Changing Behavior of Domestic Violence

1. Persons engaging in acts of domestic violence shall be educated and supported to change their behavior of domestic violence; participate in educational and support services for changing behavior of domestic violence provided by organizations preventing and combating domestic violence.

2. The content of education and support for changing behavior of domestic violence includes:

a) Policies and laws on preventing and combating domestic violence and measures to handle persons engaging in acts of domestic violence;

b) Identifying acts of domestic violence and the responsibilities of persons engaging in acts of domestic violence;

c) Skills in dealing with, preventing, and resolving conflicts and disputes within the family;

d) Knowledge and skills in controlling acts of domestic violence; relieving stress and tension;

đ) Other contents.

3. The Chairman of the People's Committee at the commune level shall decide and organize the implementation of education and support for changing behavior of domestic violence for persons engaging in acts of domestic violence but not yet reaching the level of criminal prosecution.

Article 32. Criticism and Advice to Persons Engaging in Acts of Domestic Violence in the Community

1. Measures for criticism and advice to persons engaging in acts of domestic violence in the community shall be implemented against persons aged 18 years and older in the following cases:

a) Having committed acts of domestic violence two or more times within twelve months without reaching the level of administrative punishment or administrative measures;

b) Having committed acts of domestic violence which were administratively punished and subsequently continued to commit acts of domestic violence.

2. The Village Head or Ward Chief shall take the lead and coordinate with the Chairman of the People's Committee for Mass Mobilization in the residential area to organize criticism and advice to persons engaging in acts of domestic violence in the community. Participants in criticism and advice include:

a) Persons engaging in acts of domestic violence;

b) Representatives of the family;

c) Representatives of the Police Station at the commune level;

d) Representatives of political and social organizations at the commune level where the person engaging in acts of domestic violence or the person affected by domestic violence resides as members;

đ) Other participants invited by the Village Head or Ward Chief.

3. The content of criticism and advice includes:

a) Criticizing and advising persons engaging in acts of domestic violence;

b) Providing legal regulations on preventing and combating domestic violence;

c) Requesting persons engaging in acts of domestic violence to commit to not repeating acts of domestic violence.

4. The Chairman of the People's Committee at the commune where the person engaging in acts of domestic violence resides shall decide and organize the implementation of measures for criticism and advice to persons engaging in acts of domestic violence in the community based on the proposal of the person assigned to handle acts of domestic violence.

5. The People's Committee at the commune where the person engaging in acts of domestic violence resides shall have the responsibility to create conditions for the Village Head or Ward Chief to organize criticism and advice to persons engaging in acts of domestic violence in the community.

6. In cases where persons engaging in acts of domestic violence as stipulated in Clause 1 of this Article voluntarily undertake community service work as prescribed in Article 33 of this Law, the measure of criticism and advice in the community shall not be applied.

Article 33. Performing Community Service Work

1. Community service work is small-scale work directly serving the interests of the community where the person committing domestic violence resides, including:

a) Participating in planting and caring for greenery in public areas; repairing and cleaning village roads, alleyways, streets, lanes, cultural houses, community activity houses, or other public works;

b) Participating in other work aimed at improving the living environment and landscape of the community.

2. The list of work specified in Clause 1 of this Article shall be recognized by the Chairman of the People's Committee of the commune on the basis of discussion and decision of the community in accordance with the law on grassroots democracy implementation.

3. The Chairman of the People's Committee of the commune where the person committing domestic violence resides shall decide and organize for the person committing domestic violence to perform community service work.

Article 34. Protection of Persons Participating in Preventing and Combating Domestic Violence and Informers and Accusers of Domestic Violence

1. The Chairman of the People's Committee of the commune shall be responsible for organizing measures to protect persons directly participating in preventing and combating domestic violence, informers, and accusers of domestic violence.

2. Agencies, organizations, and individuals receiving reports and accusations of domestic violence shall be responsible for protecting the personal information confidentiality of informers and accusers.

Section 3. ASSISTANCE BASES FOR PREVENTING AND COMBATING DOMESTIC VIOLENCE

Article 35. Assistance Bases for Preventing and Combating Domestic Violence

1. Assistance bases for preventing and combating domestic violence shall carry out care, counseling, arranging temporary shelters, and supporting essential needs for victims of domestic violence and children whom the victims have responsibility for caring for and raising; educating and supporting behavior change for domestic violence.

2. Assistance bases for preventing and combating domestic violence include:

a) Reliable addresses;

b) Medical examination and treatment facilities;

c) Social assistance facilities;

d) State Legal Aid Centers, organizations participating in legal aid;

đ) Other facilities participating in assisting in preventing and combating domestic violence;

e) Facilities providing services for preventing and combating domestic violence.

Article 36. Reliable Addresses

1. A reliable address is an organization or individual with credibility, capability, and willingness to assist victims of domestic violence.

2. Organizations and individuals specified in Clause 1 of this Article shall notify the People's Committee of the commune about their acceptance to become a reliable address. The People's Committee of the commune shall establish a list and announce reliable addresses within its jurisdiction; guide and organize training for reliable addresses on preventing and combating domestic violence.

3. When receiving victims of domestic violence, the reliable address must notify the People's Committee of the commune.

The People's Committee of the commune has the responsibility to protect and provide financial support to reliable addresses in accordance with the law.

4. The Vietnam Fatherland Front Committee of the commune and member organizations of the Front, social organizations have the responsibility to promote and mobilize organizations and individuals to participate in becoming reliable addresses in the community.

Article 37. Medical Examination and Treatment Facilities

1. Medical examination and treatment facilities shall carry out care and treatment for patients who are victims of domestic violence in accordance with Clause 1 of Article 29 of this Law.

2. Public medical examination and treatment facilities shall, depending on actual conditions, arrange temporary shelters for patients who are victims of domestic violence for a period not exceeding one day upon request of the victim.

Article 38. Social assistance facilities, State Legal Aid Centers, organizations participating in legal aid

1. Social assistance facilities shall implement care and provide other necessary conditions for persons affected by domestic violence during their stay at such facilities according to the provisions of the law.

2. State Legal Aid Centers and organizations participating in legal aid shall provide legal aid services to persons affected by domestic violence according to the provisions of the law on legal aid.

Article 39. Other facilities participating in assisting in preventing and combating domestic violence

1. The State encourages and creates conditions for individuals and organizations to participate in assisting in preventing and combating domestic violence.

2. Other facilities participating in assisting in preventing and combating domestic violence shall register the content and scope of their activities with competent state agencies.

3. The Government shall provide detailed regulations on clause 2 of this Article.

Article 40. Facilities providing services to assist in preventing and combating domestic violence

1. Facilities providing services to assist in preventing and combating domestic violence are established by agencies, organizations, or individuals in accordance with the law, operating without profit-making objectives to provide one or more of the following services and activities:

a) Counseling on preventing and combating domestic violence;

b) Temporary shelter and other essential needs for persons affected by domestic violence;

c) Education and support for changing violent behavior within the family;

d) Health care and prevention of mental illness for persons affected by domestic violence;

đ) Other activities related to preventing and combating domestic violence.

2. Facilities specified in Clause 1 of this Article must meet the following conditions:

a) The head of the facility must have full civil capacity, hold a bachelor's degree or higher in a relevant field, not be under criminal investigation or administrative penalty for acts of domestic violence;

b) Direct service providers must have completed secondary education or higher, received training in knowledge and skills for preventing and combating domestic violence organized by competent state agencies or by facilities authorized by competent state agencies;

c) In cases where the facility provides temporary shelter for persons affected by domestic violence or educational and behavioral change support services, it must have adequate infrastructure and premises that meet requirements.

3. Facilities specified in Clause 1 of this Article shall register the content and scope of their activities with the state management agency responsible for preventing and combating domestic violence.

4. Organizations and individuals investing funds, human resources, and infrastructure to implement the services and activities specified in Clause 1 of this Article shall enjoy tax, fee, credit, and other incentives according to the provisions of the law.

5. The Government shall specify details of Clause 2 of this Article; define the authority, procedures, and formalities for issuing and revoking registration certificates for facilities providing services to assist in preventing and combating domestic violence.

Section 4. HANDLING VIOLATIONS OF LAWS ON PREVENTING AND COMBATING DOMESTIC VIOLENCE

Article 41. Handling violations of laws on preventing and combating domestic violence

1. Organizations and individuals who commit acts violating laws on preventing and combating domestic violence shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

2. In cases where the person subject to an administrative penalty for violating laws on preventing and combating domestic violence is a civil servant, public official, or member of the people's armed forces, the decision-maker shall notify the head of the agency, organization, or unit with authority over such person.

Chapter IV

Article 41. Conditions for Ensuring Prevention and Combating Domestic Violence

Article 42. Financial Resources for Prevention and Combating Domestic Violence

1. The financial resources for prevention and combating domestic violence include:

a) State budget;

b) Donations, grants, contributions, support, and assistance from organizations and individuals both within and outside the country, in accordance with the provisions of the law;

c) Other lawful financial resources.

2. The state budget allocated for prevention and combating domestic violence shall be included in the annual budget estimates of agencies and social-political organizations assigned tasks related to prevention and combating domestic violence.

3. The Government shall provide detailed regulations on Clause 2 of this Article and the contents and levels of expenditure for activities of prevention and combating domestic violence guaranteed by the state budget annually.

Article 43. Database on Prevention and Combating Domestic Violence

1. The database on prevention and combating domestic violence is a collection of information on the content stipulated in Article 46 of this Law.

2. Management and exploitation of the database on prevention and combating domestic violence shall be carried out as follows:

a) The database on prevention and combating domestic violence shall be interconnected with the national population database and other national databases relevant to prevention and combating domestic violence;

b) Information in the database on prevention and combating domestic violence provided by competent state agencies has legal validity;

c) The database on prevention and combating domestic violence is a property of the State and must be strictly secured for safety; all acts of unauthorized access, destruction, or distortion of information in the database on prevention and combating domestic violence are strictly prohibited;

d) Organizations and individuals requiring information and data on prevention and combating domestic violence may exploit and use them through the central and local portals on prevention and combating domestic violence; when exploiting information and data on prevention and combating domestic violence, they must comply with the provisions of the law.

3. The Government shall provide detailed regulations on this Article.

Article 44. Inter-agency Coordination for Prevention and Combating Domestic Violence

1. The heads of agencies and organizations have the responsibility to coordinate with the heads of state management agencies for prevention and combating domestic violence at the same level to implement and evaluate the results of tasks related to prevention and combating domestic violence.

2. Inter-agency coordination for prevention and combating domestic violence shall be carried out based on the functions, tasks, and authorities of agencies and organizations, ensuring proactivity and effectiveness; emphasizing the responsibility of the heads of agencies and organizations participating in inter-agency coordination.

3. Inter-agency coordination activities for prevention and combating domestic violence at the central and local levels shall be implemented according to the inter-agency coordination regulations and operational regulations of the Family Work Steering Committee at various levels prescribed by the Prime Minister.

Article 45. Training Knowledge and Skills for Participation in Prevention and Combating Domestic Violence

1. Individuals participating in prevention and combating domestic violence shall be trained in knowledge and skills for prevention and combating domestic violence and other necessary knowledge and skills related to prevention and combating domestic violence.

2. Judges, Associate Judges, Court Secretaries, Prosecutors, Investigators, Village Police Officers, Village Chiefs, Ward Chief, Head of the People's Committee Working Group in residential areas, and Branch Chairpersons of mass organizations and the Family Work Steering Committee shall be trained in knowledge and skills for prevention and combating domestic violence and gender equality in prevention and combating domestic violence.

Chapter V

STATE MANAGEMENT AND RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS FOR PREVENTION AND COMBATING DOMESTIC VIOLENCE

Article 46. Contents of State Management on Prevention and Combating Domestic Violence

1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of policies, laws, and plans on prevention and combating domestic violence.

2. Providing information, propaganda, dissemination, and legal education on prevention and combating domestic violence.

3. Conducting statistical work on prevention and combating domestic violence.

4. Training and enhancing the capacity of individuals involved in prevention and combating domestic violence.

5. Conducting scientific research and international cooperation on prevention and combating domestic violence.

6. Awarding individuals and groups with outstanding achievements in prevention and combating domestic violence.

7. Inspecting, supervising, resolving complaints and denunciations, and handling violations of laws on prevention and combating domestic violence.

Article 47. Responsibilities of State Management Agencies on Prevention and Combating Domestic Violence

1. The Government shall uniformly manage state affairs on prevention and combating domestic violence; periodically report every two years or at any time to the National Assembly on the work of prevention and combating domestic violence.

2. The Ministry of Culture, Sports and Tourism shall be responsible before the Government for managing state affairs on prevention and combating domestic violence and coordinating inter-sectoral activities on prevention and combating domestic violence.

3. Ministries and agencies equivalent to ministries, within their respective duties and powers, shall be responsible for managing state affairs on prevention and combating domestic violence; conducting statistical work on prevention and combating domestic violence under their management responsibilities and sending results to the Ministry of Culture, Sports and Tourism.

4. People's Committees at all levels, within their respective duties and powers, shall be responsible for managing state affairs on prevention and combating domestic violence in their localities. Provincial People's Committees shall conduct statistical work on prevention and combating domestic violence under their management responsibilities and send results to the Ministry of Culture, Sports and Tourism.

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

1. Issuing by its own authority or submitting to competent state agencies for issuance of normative legal documents, programs, and plans on prevention and combating domestic violence.

2. Leading and coordinating with relevant agencies and organizations to implement normative legal documents, programs, and plans on prevention and combating domestic violence; coordinating inter-sectoral activities on prevention and combating domestic violence.

3. Leading and coordinating with relevant agencies and organizations to provide advisory services, information, education, and communication; compiling model materials for propaganda and dissemination of knowledge and skills on prevention and combating domestic violence.

4. Leading and coordinating with relevant agencies and organizations to organize training and enhancement of knowledge and skills for individuals involved in prevention and combating domestic violence.

5. Leading and coordinating with relevant agencies and organizations to conduct statistical work and manage databases on prevention and combating domestic violence.

6. Leading and coordinating with relevant agencies to conduct inspections, supervision, and handling of violations of laws on prevention and combating domestic violence.

7. Conducting scientific research and international cooperation on prevention and combating domestic violence.

8. Directing the development, implementation, summarization of experiences, and replication of models on prevention and combating domestic violence.

9. Guiding the inclusion of contents on prevention and combating domestic violence into community regulations and conventions.

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

1. The Ministry of Health shall have the following responsibilities:

a) Issuing and organizing the implementation of regulations on care and treatment for patients who are victims of domestic violence at medical examination and treatment facilities;

b) Guiding medical examination and treatment facilities to conduct statistics and report cases where patients are victims of domestic violence;

c) Providing training on knowledge and skills for healthcare personnel to provide counseling, care, and treatment for victims of domestic violence.

2. The Ministry of Labor, Invalids and Social Affairs shall have the following responsibilities:

a) Issuing or submitting to competent state agencies for issuance of normative legal documents on social assistance facilities; guiding the reception and assistance of victims of domestic violence at social assistance facilities;

b) Directing the integration of domestic violence prevention and control content into programs and plans on gender equality, child protection, elderly care, disability support, vocational education, employment resolution, poverty reduction, and social evil prevention;

c) Guiding social assistance facilities to conduct statistics and report cases where victims of domestic violence are received and assisted at social assistance facilities.

3. The Ministry of Education and Training shall have the following responsibilities:

a) Directing the integration of knowledge on domestic violence prevention and control into educational and training programs suitable for the requirements of each field of study and level of education;

b) Guiding educational institutions to receive, identify, and support students who are victims of domestic violence.

4. The Ministry of Information and Communications shall have the following responsibilities:

a) Directing mass media organizations to disseminate information and promote policies and laws on domestic violence prevention and control;

b) Taking the lead and coordinating with relevant agencies to detect and prevent information, images, and data on the internet, in newspapers, in video games, and in published materials that incite domestic violence.

5. The Ministry of Justice shall have the following responsibilities:

a) Cooperating in the dissemination and education of laws on domestic violence prevention and control, providing training on knowledge and skills for mediators and legal aid providers regarding domestic violence prevention and control;

b) Guiding State Legal Aid Centers and organizations participating in legal aid to implement statistical reports on cases where victims of domestic violence receive legal aid according to the provisions of the legal aid law.

6. The Ministry of Public Security shall have the following responsibilities:

a) Issuing guidance documents on monitoring the implementation of orders prohibiting contact;

b) Directing the integration of knowledge on domestic violence prevention and control into training and development programs in educational institutions under its management authority;

c) Taking the lead and coordinating to provide training on knowledge and skills for public security forces to perform domestic violence prevention and control tasks;

d) Guiding the implementation of statistics on domestic violence prevention and control within its management responsibility.

7. Ministries, ministerial-level agencies, and government agencies, within their respective duties and authorities, shall take the lead and coordinate with relevant agencies and organizations to carry out propaganda and education on policies and laws related to domestic violence prevention and control.

Article 50. Responsibilities of local authorities at all levels

1. Direct and organize the implementation of state management contents on preventing and combating domestic violence within their jurisdiction at the local level.

2. Allocate financial resources and human power to meet the requirements for implementing tasks related to preventing and combating domestic violence within their managed area in accordance with this Law.

3. Annually, People's Committees at all levels report to the People's Councils at the same level about the work of preventing and combating domestic violence in their locality.

Article 51. Responsibilities of People's Courts and People's Procuratorates at all levels

1. Protect the rights and legitimate interests of victims of domestic violence.

2. Proactively prevent, promptly detect, stop and handle violations of laws on preventing and combating domestic violence.

3. Implement training on knowledge and skills for preventing and combating domestic violence for Judges, Associate Judges, Court Secretaries, and Prosecutors.

4. Within the scope of their duties and powers, take the lead and coordinate with relevant agencies and organizations to implement propaganda and education on policies and laws on preventing and combating domestic violence.

5. Carry out statistical work on preventing and combating domestic violence under their responsibility and send the results to the Ministry of Culture, Sports and Tourism.

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

1. Supervise and provide social feedback; participate in supervising and providing social feedback in the development and implementation of policies and laws on preventing and combating domestic violence.

2. Propagate, educate, encourage, and motivate members, affiliates, and the general public to comply with laws on preventing and combating domestic violence and other relevant laws. Implement propaganda and education on skills to control violent behavior within their own agencies, organizations, and among the people.

3. Recommend necessary measures to relevant state agencies to implement laws on preventing and combating domestic violence and other relevant laws; participate in preventing and combating domestic violence, caring for, supporting, and protecting victims of domestic violence.

4. Take the lead and coordinate in preventing and combating domestic violence in accordance with this Law.

Article 53. Responsibilities of the Vietnam Women's Union

1. Fulfill the responsibilities stipulated in Article 52 of this Law.

2. Provide counseling and participate in mediation on preventing and combating domestic violence at the grassroots level; organize the implementation, connect, and introduce counseling and support services for victims of domestic violence.

3. Organize activities to support livelihoods, create employment, or provide other forms of support for victims of domestic violence.

4. Take the lead and coordinate in organizing grassroots assistance facilities for preventing and combating domestic violence within their management scope; expand models for preventing and combating domestic violence.

5. Coordinate with relevant agencies, organizations, and individuals to protect and support female and child victims of domestic violence.

6. Coordinate in compiling and reporting statistics on women and children subjected to domestic violence and send the results to the Ministry of Culture, Sports and Tourism.

Article 54. Responsibilities of social organizations, occupational social organizations, and economic organizations

1. Participate in monitoring the implementation of this Law.

2. Mobilize and support resources to carry out work on preventing and combating domestic violence.

3. Participate in propaganda and mobilization for members, affiliates, and the general public to commit to not engaging in acts of domestic violence, building happy families.

4. Participate in counseling and mediation in preventing and combating domestic violence, supporting victims of domestic violence, and educating those who engage in violent behavior.

5. Receive and collect information from members, affiliates, the general public, and society to reflect, recommend, and advise relevant agencies, organizations, and individuals on the implementation of policies and laws on preventing and combating domestic violence.

Chapter VI

IMPLEMENTING PROVISIONS

Article 55. Amending and supplementing Article 135 of the Civil Procedure Code

Amending and supplementing Article 135 of the Civil Procedure Code No. 92/2015/QH13 which has been amended and supplemented by some articles according to Law No. 45/2019/QH14 and Law No. 59/2020/QH14 as follows:

"Article 135. The Court shall issue its own decision on the application of provisional emergency measures

The Court shall issue its own decision on the application of provisional emergency measures stipulated in Clauses 1, 2, 3, 4, 5, and 14 of Article 114 of this Code in cases where the parties do not request the application of provisional emergency measures."

Article 56. Effective Date

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

2. The Domestic Violence Prevention and Control Law No. 02/2007/QH12 ceases to be effective from the date this Law takes effect./.

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This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifteenth session, fourth meeting, on November 14, 2022.