Many shortcomings in the Draft Law on Prevention and Control of Domestic Violence need to be revised and supplemented

On the morning of May 20, the National Assembly Delegation of Nghe An held a Conference to collect opinions on the Law on Prevention and Control of Traffic Safety.domestic violence(amended). Ms. Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation chaired. Attending were Mr. Tran Nhat Minh - Member of the National Assembly Law Committee, Full-time Delegate of the Provincial National Assembly Delegation; representatives of relevant departments, branches, units and localities.

Ms. Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation chaired. Photo: Hoai Thu

Many shortcomings need to be revised and supplemented

In order for the Law on Domestic Violence Prevention and Control (DVPC) to be effectively and practically applied, delegates have requested that authorities amend and supplement many contents.

Ms. Nguyen Thi Lan - Deputy Director of the Department of Justice contributed opinions on the following contents: Supplementing regulations on the number of times that violators of domestic violence are allowed to contact the victim each time, not exceeding 3 days (the draft law has not stated how many times). In reality, handling administrative violations is very rare and difficult, in which, Article 40 stipulates that only when violating domestic violence, a notice is sent to the agency, which is unreasonable and not enough of a deterrent. Therefore, it is proposed to adjust the application of sending a notice to the agency for people who commit acts of domestic violence when there are preventive measures. Article 54 proposes to supplement the agency responsible for propagating, disseminating and educating the law of the Ministry of Culture, Sports and Tourism to ensure greater effectiveness.

Mr. Thai Minh Sy - Deputy Secretary of the Provincial Youth Union commented on the contents related to information and propaganda of the Law on Domestic Violence Prevention and Control. Specifically, Clause 4, Article 12 stipulates the responsibility to remedy the consequences caused to victims of violence, and proposes more specific regulations on financial resources to compensate for damages to victims. Article 14 stipulates the work of information, propaganda, and education on domestic violence prevention and control, proposing to expand the scope and subjects of participation. Regarding the provisions on ensuring gender equality as well as the reputation and dignity of victims of violence, proposing to add subjects who commit acts of violence. Regarding the provisions on negative aspects affecting acts of domestic violence, proposing to add sources such as social networks, violent games, etc. For police agencies, courts, etc., proposing to add the role of propaganda, dissemination, and legal education on the contents of the Law on Domestic Violence Prevention and Control.

Delegates give comments on the draft law. Photo: Hoai Thu

Ms. Dinh Thi Kieu Trinh - Deputy Head of the Department of Children and Gender Equality, Department of Labor, Invalids and Social Affairs, suggested that it is necessary to clearly define educational programs for people who commit acts of domestic violence. Clause 5, Article 33 on prohibiting contact with victims of violence is unreasonable and difficult to apply, so it is recommended to amend and supplement it more reasonably. Clause D, Article 41 needs to specifically supplement the participating facilities and organizations. Regarding the regulations on protecting victims of mental and sexual violence, Ms. Kieu Trinh suggested that it is necessary to clearly supplement the conditions, subjects, and implementation measures.

Ms. Dang Thi Phuong Lan - Head of the Department of Family Culture and Lifestyle, Department of Culture and Sports said that the regulation on domestic violence at Point L, M, Clause 1, Article 4 suggests adding the element of forced early marriage, incestuous marriage; consider adding acts of taking advantage of distorted customs and practices to cause domestic violence such as wife kidnapping... to include violations of the Law on Domestic Violence Prevention and Control. In Chapter 2, it is suggested to revise Point A, Clause 2, Article 14 on information and propaganda requirements, and suggest adjusting the wording to ensure continuity, effectiveness and practicality (remove the word "simple").

In Section 3, Article 42 on trusted addresses in the community, 4 contents have long been required, so it is proposed to make it mandatory to establish a group to prevent and combat domestic violence; it is proposed to add a model and hotline on preventing and combating domestic violence in Article 47. Chapter 6, Article 52, in Clause 3, it is proposed to amend the word "guidance" with the word "support" to build and replicate models of domestic violence prevention and combat.

The representative of the Provincial People's Procuracy proposed to add regulations on ensuring privacy for subjects, and to add subjects who commit acts of violence to include women. The regulation on people who commit acts of domestic violence against divorced people is unreasonable, because this is an act that violates the law and is handled according to the Penal Code.

The representative of the Procuracy also proposed to supplement regulations and explain terms to clarify the subjects related to domestic violence against people living together as husband and wife, divorced people and blood relatives; in which, divorced people or people living together as husband and wife are not included in the subjects regulated to be treated as husband and wife with domestic violence.

Agencies and units propagate to raise legal awareness for people in border communes. Photo: Document

Regarding the regulations on setting examples in preventing and combating domestic violence, it is proposed to add party members as exemplary subjects; add regulations on compensation for damages in the trial of domestic violence acts, because property after marriage is considered common property.

Other opinions from representatives of the Provincial People's Court, the Department of Health, and the Provincial Women's Union also suggested adjusting and supplementing specific regulations on the contents of reporting and handling reports of domestic violence, in which the regulation on transferring to the Chairman of the Commune People's Committee is unreasonable, suggesting adding the handling agency to the Commune Police, and amending the regulation on verifying after receiving the report, but must first prevent and then verify the behavior.

Delegates also proposed to review the provisions on contact prohibition in Articles 33 to 35 and the subjects of supervision on contact prohibition behavior, because prohibiting family members from contacting each other after domestic violence will easily cause more serious consequences and is less feasible; proposed to supplement the rights and obligations of husbands, wives, and children in preventing and combating domestic violence.

The draft revised Law on Gender Equality has many new provisions.

The draft revised Law on Domestic Violence Prevention and Control stipulates measures to prevent, detect, stop, protect, and support domestic violence prevention and control; the rights and responsibilities of agencies, organizations, families, individuals, and conditions to ensure domestic violence prevention and control. The subjects of application are victims of domestic violence, perpetrators of domestic violence who are Vietnamese citizens and foreigners residing in Vietnam. Relevant agencies, organizations, families, and individuals.

The draft law also stipulates that people at high risk of domestic violence are those who have one of the following manifestations and living conditions: Having committed acts of domestic violence; Having gender prejudice; Being addicted to alcohol, beer, drugs and other addictive substances; Being addicted to gambling, violent games, and obscene publications; Living in an environment where domestic violence is frequent and where many bad customs promote violence; People who cannot control violent behavior.
The Draft Law on Domestic Violence Prevention and Control also stipulates that a person committing domestic violence is prohibited from approaching a person suffering from domestic violence; or from not approaching but using means to commit domestic violence. Prohibiting the dissemination of information about the private life of a person suffering from domestic violence is the act of disseminating information about the identity, residence, or workplace without the consent of the person suffering from domestic violence or that person's legal representative.

Some provisions on domestic violence in the draft law that delegates are interested in discussing and proposing to supplement and amend: Insulting or intentionally offending honor and dignity. Isolating, shunning or causing constant psychological pressure causing physical and mental harm. Neglecting, not caring for, or not taking care of family members who are elderly, pregnant women, women with young children, children, people with disabilities, or sick people who are unable to care for themselves. Discriminating against the gender of family members when dividing inherited property. Disparaging the body or gender of family members or people who give birth to children with genders that are not as desired by other family members.

Delegates proposed expanding the target and scope of propaganda for the Law on Prevention and Control of Domestic Violence, especially in general schools. Photo: Document

Preventing family members from participating in legal social activities. Preventing the exercise of rights and obligations in relationships between family members. Disseminating images, information, and private documents of family members without their consent. Forcing sexual intercourse; forcing sexual acts against the will of the spouse; sexually abusing children or other family members. Forcing the spouse to become pregnant, have an abortion, or choose the sex of the fetus. Seizing or destroying the private property of another family member or the family's common property. Having the ability and obligation to make financial contributions but not contributing... Controlling the assets and income of family members to create a state of financial dependence. Forcing family members to work,overstudyor leave legal residence illegally…