On November 14, 2022, the National Assembly passed the Law on Domestic Violence Prevention and Control No. 13/2022/QH15, including 56 articles divided into 6 chapters with many amendments and supplements compared to the Law on Prevention and Control of Domestic Violence. family force in 2007 (Law 2007). Some of the important new points include the following:
(1) Regarding acts of domestic violence:
- Expand domestic violence acts from 09 groups (Article 1 of the Law in 2007) to 16 groups of acts in Article 3 of the Law on Prevention of Domestic Violence in 2022. In particular, the special point must be that persons with disabilities and other vulnerable people (children, senior citizens, pregnant women or children under 36 months of age, etc.) are directly defined as the subject of domestic violence by non-nurturing and caring for family members (point d, Article 3 of the Law on Prevention of Domestic Violence in 2022).
- Amending and supplementing the same group of subjects in the following directions: (1) Specific regulations on members of the divorced family, of people living together as husband and wife, including father, mother, stepchildren, their brother, sister, brother; (2) Additional acts of violence committed between the divorced person; people living together as husband and wife; People who have had a relationship between adoptive parents and adopted children are also identified as acts of domestic violence according to the Government's regulations (Clause 2, Article 3 of the Law on Domestic Violence Prevention and Control, 2022).
(2) Regarding domestic violence prevention:
The principle of prevention and control of domestic violence under the Law on Prevention and Control of Domestic Violence in 2022 is "Prevention is the priority, with persons suffering from domestic violence at the heart". We need to actively incorporate both “prevention” and “defence” in all our measures and solutions
- Information, communication, and education on domestic violence prevention and control must meet the requirements in Clause 2, Article 13 of the Law on Domestic Violence Prevention and Control 2022, especially focusing on persons with disabilities and other vulnerable subjects
- Domestic violence prevention and control counselling focus on a variety of subjects, including people experiencing domestic violence; people who commit acts of domestic violence; persons with disabilities and other vulnerable subjects; people who frequently commit acts of promoting violence, discrimination, or discrimination based on gender, sex, or gender stereotypes; and people who are about to marry (Clause 2, Article 16 of the Law on Domestic Violence Prevention and Control in 2022).
(3) Regarding reporting and denouncing domestic violence:
- Detailed regulations on addresses to receive reports and denunciations about domestic violence act with several additional addresses such as Border guard stations near the place where domestic violence occurs; Educational institutions where the person experiencing domestic violence is a learner; The head of the commune-level socio-political organization where the domestic violence act occurs and especially the National Telephone Switchboard for domestic violence prevention and control.
- Detailed regulations on responsibility for handling reports and denunciations about acts of domestic violence. In particular, when reporting and denouncing acts of domestic violence in which the victims of violence are persons with disabilities and other vulnerable groups, the chairperson of the commune-level People's Committee shall assign the commune or ward police station to town handling (Clause 4, Article 20 of the Law on Domestic Violence Prevention and Control in 2022).
(4) In terms of efforts to prevent domestic violence and to protect and assist victims of domestic abuse:
- To supplement several new measures such as: Requesting domestic violence offenders to the commune-level police headquarters where domestic violence occurred; Education, supporting the conversion of domestic violence; Performing community service work (Article 24, Article 31, and Article 33). In cases where the domestic violence victim is disabled or other vulnerable subjects, or when there is evidence that domestic violence has or may continue to endanger the domestic violence victim's health and life, a request for domestic violence is made to the commune police headquarters where the incident occurred.
- Amend and supplement regulations on several measures as stipulated in the Law of 2007. As for the Prohibition of Contact: The Law on Prevention and Control of Domestic Violence in 2022 added jurisdiction to the Chairman of the Commune-level People's Commission and the Court issued its own decision to ban contact when it was found that domestic violence threatens the lives of people with domestic violence (point b, Clause 1, Article 2, Clause 2 Article ).
(5) Establishment for domestic violence prevention and control:
- Change the name of the "family violence victim support establishment," as defined by the 2007 Law, to "family violence prevention and control establishment" to better reflect its role in arranging places of refuge, providing care, counselling, and meeting basic needs for victims of domestic violence and children whom the victims of domestic violence are responsible for caring for and raising, as well as providing education and support for efforts to end domestic violence.
- Amending and supplementing domestic violence prevention and control support establishments, which include: Reliable addresses; Medical examination and treatment establishments; Social assistance facilities; State legal aid centres, organizations participating in legal aid; Facilities providing support services for domestic violence prevention and control; Other establishments participating in domestic violence prevention and control assistance.
The Law on Domestic Violence Prevention and Control 2022 takes effect from July 1, 2023, and replaces the Law on Domestic Violence Prevention and Control 2007.
Please follow the details at the link:
https://thuvienphapluat.vn/van-ban/Van-hoa-Xa-hoi/Luat-Phong-chong-bao-luc-gia-dinh-2022-490095.aspx
