Directive No. 16/2008/CT-TTg on organizing and implementing the Law on Prevention and Combating Domestic Violence

DIRECTIVE

Regarding the organization and implementation of the Domestic Violence Prevention and Control Law

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The Domestic Violence Prevention and Control Law was passed by the National Assembly of the Socialist Republic of Vietnam at its second session of the twelfth term on November 21, 2007, and came into effect from July 1, 2008. This is an important law with profound humanitarian significance, institutionalizing the Party's and State's policies and guidelines on domestic violence prevention and control. The implementation of the Domestic Violence Prevention and Control Law is the responsibility of all levels, sectors, each family, and the entire society, aimed at contributing to consolidating and building happy, equal, progressive, and prosperous Vietnamese families.

To enhance awareness among officials, civil servants, citizens, and prepare conditions for the synchronized and effective implementation of the Domestic Violence Prevention and Control Law, the Prime Minister issues the following directive:

1. Ministry of Culture, Sports and Tourism:

a) To take the lead and coordinate with the Ministry of Justice and relevant ministries and sectors in organizing publicity, dissemination, and education about the Law; compiling training materials and organizing, guiding training for officials of ministries and sectors and those directly involved in domestic violence prevention and control work;

b) To take the lead and coordinate with the Ministry of Justice, relevant ministries and sectors, and provincial People's Committees under the central government in reviewing current regulatory legal documents within their areas of management to amend, supplement, abolish, or promulgate new documents within their authority, or propose competent authorities to amend, supplement, abolish, or promulgate new regulatory legal documents consistent with the Domestic Violence Prevention and Control Law. The review of regulatory legal documents must be completed by the third quarter of 2009;

c) To take the lead and coordinate with relevant ministries and sectors in drafting the Decree detailing and guiding the implementation of certain provisions of the Domestic Violence Prevention and Control Law and the Decree on administrative penalties in the field of domestic violence prevention and control, to be submitted to the Government by the third quarter of 2008; and drafting and promulgating regulatory legal documents guiding the implementation of these Decrees within their authority;

d) To take the lead and coordinate with relevant ministries and sectors in drafting the National Action Program on Domestic Violence Prevention and Control for the period 2010-2020, to be submitted to the Prime Minister by the first quarter of 2009;

e) To take the lead and coordinate with relevant ministries and sectors in developing indicators for domestic violence prevention and control and documents guiding statistical work, information dissemination, and reporting on domestic violence prevention and control; researching and piloting models for domestic violence prevention and control; directing the summary of practical experiences and the widespread application of such models;

f) To take the lead and coordinate with relevant ministries and sectors in strengthening international cooperation in domestic violence prevention and control work;

g) To monitor and urge the implementation of the Domestic Violence Prevention and Control Law; regularly inspect and summarize the implementation of laws on domestic violence prevention and control annually, and report to the Prime Minister.

2. The Ministry of Information and Communications shall take the lead and coordinate with the Central Propaganda Commission, the Ministry of Culture, Sports and Tourism, and the Ministry of Justice in guiding and instructing mass media organizations to diversify communication methods, disseminate, and publicize the Domestic Violence Prevention and Control Law and related implementing documents; increase broadcasting time and frequency, open special pages and columns on domestic violence prevention and control.

3. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism in researching and supplementing educational programs with appropriate content on domestic violence prevention and control suitable for different educational levels; directing the dissemination and legal education on domestic violence prevention and control in schools.

4. The Ministry of Justice shall strengthen guidance and inspection of grassroots mediation activities, guide departments of justice in enhancing the skills of mediators, particularly at the grassroots level, to meet the requirements of the law on mediation of conflicts and disputes among family members, contributing to preventing domestic violence.

5. The Ministry of Health shall consolidate and enhance the capacity of public health facilities to handle and provide medical care and support to victims of domestic violence; issue and implement regulations on receiving and providing medical care to patients who are victims of domestic violence at healthcare facilities; guide healthcare facilities in conducting statistics and reporting the number of patients who are victims of domestic violence treated; issue treatment procedures for alcohol addiction.

6. The Ministry of Labor, Invalids and Social Affairs shall issue documents guiding the provision of assistance to victims of domestic violence at social welfare institutions; direct the integration of domestic violence prevention and control content into poverty reduction programs, vocational training, employment generation, child protection and care, and social evil prevention programs.

7. The Ministry of Public Security, within its scope of duties and powers, shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, and relevant ministries and sectors in issuing regulatory legal documents guiding the implementation of measures to detect, prevent, investigate, and handle violations of the law on domestic violence prevention and control; consolidate and enhance the capacity of public security forces at all levels, especially at the grassroots level, in preventing and handling violations and protecting the rights and legitimate interests of victims of domestic violence.

8. Ministry of Finance:

a) To take the lead and coordinate with the Ministry of Culture, Sports and Tourism and relevant ministries and sectors in allocating budgets and ensuring regular funding for the implementation of the Domestic Violence Prevention and Control Law;

b) To take the lead and coordinate with the Ministry of Culture, Sports and Tourism in issuing guidance documents and supervising relevant ministries and sectors and localities in the use of funds for domestic violence prevention and control activities.

9. Ministries, ministerial-level agencies, and agencies under the Government shall organize propaganda and dissemination of the Law on Prevention and Control of Domestic Violence and subordinate legal documents among their officials, civil servants, and employees within their respective functions and powers.

10. People's Committees of provinces and centrally governed cities shall balance and allocate budgets, develop plans for implementation, and organize the enforcement of the Law on Prevention and Control of Domestic Violence; they shall direct the propaganda, dissemination, and education of the Law to their officials, civil servants, and employees under their management and local residents; annually, they shall report to the Prime Minister through the Ministry of Culture, Sports and Tourism on the current situation and results of implementing laws on prevention and control of domestic violence.

11. The Central Committee of the Vietnam Fatherland Front and its member organizations, particularly the Vietnam Women's Union and social organizations, are requested to actively promote and educate members and the public to comply with laws on prevention and control of domestic violence; within their functional and task scope, they shall participate in supervising the implementation of laws on prevention and control of domestic violence; closely cooperate with ministries, sectors, and authorities at all levels in enforcing the Law on Prevention and Control of Domestic Violence.

12. The Minister of Culture, Sports and Tourism shall monitor, urge, inspect, and report periodically to the Prime Minister annually on the implementation of this Directive.

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Directive. Guiding documents of ministries and sectors for the implementation of the Law on Prevention and Control of Domestic Violence and plans for the implementation of the Law by People's Committees of provinces and centrally governed cities mentioned in this Directive must be completed no later than the fourth quarter of 2008.

This Directive shall take effect fifteen days from the date of publication in the Official Gazette.