New Decree on 'Procedures for receiving and handling reports and denunciations of domestic violence'

Procedure for receiving and handling reports and denunciations of domestic violence through the hotline

The Decree clearly states that the National Hotline for Domestic Violence Prevention and Control (Switchboard) uses a short 3-digit phone number to receive and process reports and denunciations of domestic violence.

The hotline operates 24 hours a day to receive reports and denunciations of domestic violence, and is guaranteed operational resources by the State. The hotline automatically records and pays telecommunications fees for all incoming and outgoing calls.

The proposed procedure for receiving and handling reports and denunciations of domestic violence through the Hotline is as follows:

Victims of domestic violence or agencies, organizations or individuals who discover acts of domestic violence should call the hotline number to report and denounce acts of domestic violence.

The person receiving reports and denunciations of domestic violence through the hotline number will record the information received, provide psychological counseling, and provide skills to deal with domestic violence.

Immediately after receiving a report or denunciation of domestic violence, the recipient must notify the Chairman of the People's Committee of the commune where the domestic violence occurred to resolve it in accordance with the provisions of the law on preventing and combating domestic violence.

The Chairman of the People's Committee at the commune level receives and handles reports and denunciations of domestic violence according to regulations. In case the victim of domestic violence is a child, the handling shall be in accordance with the provisions of the law on children.

Procedure for receiving and handling reports and denunciations of domestic violence through other addresses

Clause 1, Article 19 of the Law on Prevention and Control of Domestic Violence clearly states:

Addresses for receiving reports and denunciations of domestic violence include:

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

b) Police agencies and Border Guard stations near the place where the domestic violence occurs;

c) Educational institutions where the victim of domestic violence is a student;

d) Village Chief, Head of Residential Group, Head of Front Working Committee in residential area where domestic violence occurs;

d) Head of the commune-level socio-political organization where the act of domestic violence occurs;

e) National hotline for domestic violence prevention and control.

The Decree clearly states the process of receiving and handling reports and denunciations of domestic violence through the addresses specified in Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Prevention and Control of Domestic Violence as follows:

1- Receiving reports and denunciations of domestic violence through the addresses specified in Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Prevention and Control of Domestic Violence: When receiving reports and denunciations directly or by phone, the recipient shall record the content of the received information according to Form No. 04 of the Appendix issued with this Decree and at the same time provide psychological counseling and provide skills to deal with domestic violence.

When receiving reports or denunciations of domestic violence via text messages, petitions or letters, the recipient shall record the content of the received information according to Form No. 05 of the Appendix issued with this Decree.

2- Handling reports and denunciations of domestic violence through the addresses specified in Points a, b, c, d and dd, Clause 1, Article 19 of the Law on Prevention and Control of Domestic Violence:

According to the Decree, the Police and Border Guard Stations that receive reports and denunciations of domestic violence must promptly prevent and handle domestic violence within their authority; and at the same time notify the Chairman of the People's Committee of the commune where the domestic violence occurs. In case the victim of domestic violence is a child, the case shall be handled in accordance with the provisions of the law on children.

Immediately after receiving reports and denunciations of domestic violence, the address for receiving reports and denunciations of domestic violence as prescribed in Points c, d and dd, Clause 1, Article 19 of the Law on Prevention and Control of Domestic Violence must notify the Chairman of the People's Committee at the commune level where the domestic violence is reported to have occurred and, to the best of their ability, participate in preventing domestic violence, supporting and protecting victims of domestic violence.

3- Agencies, organizations and individuals receiving reports and denunciations of domestic violence are responsible for coordinating with State agencies and competent persons as prescribed by law on domestic violence prevention and control to verify reports and denunciations of domestic violence when requested.

4- The Police Agency and Border Guard Station that receive reports and denunciations of domestic violence are responsible for notifying the results of handling reports and denunciations of domestic violence upon request from the agency, organization or individual reporting or denouncing domestic violence.

Measures to prevent domestic violence, protect and support victims of domestic violence against foreigners residing in Vietnam

The Decree clearly states that foreigners residing in Vietnam who are victims of domestic violence are provided with temporary shelter and support for essential needs; care and treatment; legal aid and psychological counseling, and skills to deal with domestic violence as prescribed in Points d, dd and e, Clause 1, Article 22 of the Law on Prevention and Control of Domestic Violence (a). The application to foreigners residing in Vietnam is similar to that applied to Vietnamese people, except in cases where international treaties to which Vietnam is a member have other provisions.

Foreigners residing in Vietnam who commit acts of domestic violence shall be subject to measures to force them to stop committing acts of domestic violence; request the person committing acts of domestic violence to come to the police headquarters of the commune, ward or town where the act of domestic violence occurs; prohibit contact; educate and support the conversion of acts of domestic violence; give comments and criticize the person committing acts of domestic violence in the community; perform community service work as prescribed in Points a, b, c, g, h and i, Clause 1, Article 22 of the Law on Prevention and Control of Domestic Violence.

The person who commits domestic violence is responsible for paying the costs: Hiring an interpreter from Vietnamese to a foreign language and vice versa, hiring a lawyer, hiring a security guard and the costs specified in Point (a) above for the person who is a victim of domestic violence. Payments are made in accordance with the provisions of the law on finance; in cases where the law on finance has not yet provided for, they shall be made according to actual invoices and documents. The application to foreigners residing in Vietnam is similar to the application to Vietnamese people, except in cases where international treaties to which Vietnam is a member have other provisions.

Foreigners residing in Vietnam who commit or are victims of domestic violence have the right to invite representatives of the agency or organization they are working for or their legal representatives to participate in the process of implementing the above measures.

The person with the authority to decide on measures to prevent domestic violence and protect and support victims of domestic violence against foreigners residing in Vietnam is responsible for monitoring, managing and supervising the implementation of measures against foreigners residing in Vietnam according to the above provisions.

The Decree takes effect from December 25, 2023.