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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 76/2023/ND-CP
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Hanoi, November 01, 2023
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DECREE
ELABORATION ON SOME ARTICLES OF LAW ON PREVENTION AND
COMBAT AGAINST DOMESTIC VIOLENCE
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law on amendments to some
Articles of Law on Government Organization and Law on Local Government
Organization dated November 22, 2019;
Pursuant to the Law on
Prevention and Combat against Domestic Violence dated November 14, 2022;
At the request of the
Minister of Culture, Sports and Tourism;
The Government
promulgates Decree on elaboration of some Articles of Law on Prevention and
Combat against Domestic Violence.
Chapter
I
GENERAL
PROVISIONS
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This Decree elaborates
Clause 2, Article 3; Clause 1, Article 12; Clause 3, Article 19; Clause 5,
Article 20; Clause 2, Article 22; Clause 8, Article 25; Clause 2, Article 30;
Clause 3, Article 39; Clause 5, Article 40; Clause 3 Article 42 of the Law on
Prevention and Combat against Domestic Violence.
Article
2. Domestic violence acts performed by divorced people
1. Performing acts
specified in Points a, b, c and k Clause 1 Article 3 of the Law on Prevention and
Combat against Domestic Violence.
2. Illegally forcing
others to leave their legal residence.
3. Disclosing or
spreading information on personal life, secrets, and family secrets of others
to insult their honor and dignity;
4. Preventing others from
meeting their family members, having legal and healthy social relationships, or
committing acts of isolating and putting constant psychological pressure;
5. Preventing exercise of
rights and fulfillment of obligations in the family relations between grandparents
and grandchildren; between father, mother, and child; between brothers and
sisters;
6. Obstructing marriage.
Article
3. Domestic violence acts performed by cohabiting couples
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2. Forcing sexual
intercourse against the will of others;
3. Isolating or holding
others in custody.
4. Illegally forcing
others to leave their legal residence.
5. Discriminating against
others’ body, gender, sexuality, and capability.
6. Disclosing or
spreading information on personal life, secrets, and family secrets of others
to insult their honor and dignity;
7. Preventing others from
meeting their family members, having legal and healthy social relationships, or
committing acts of isolating and putting constant psychological pressure;
8. Preventing exercise of
rights and fulfillment of obligations in the family relations between
grandparents and grandchildren; between father, mother, and child; between
brothers and sisters;
9. Neglecting and
deserting others.
10. Forcing or
obstructing marriage.
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Article
4. Domestic violence acts performed by parents, stepchildren, or siblings of
divorced people or cohabiting couples
1. Performing acts
prescribed in Points a, b, and c Clause 1 Article 3 of the Law on Prevention
and Combat against Domestic Violence.
2. Preventing others from
meeting their family members, having legal and healthy social relationships, or
committing acts of isolating and putting constant psychological pressure;
3. Preventing exercise of
rights and fulfillment of obligations in the family relations between
grandparents and grandchildren; between father, mother, and child; between
brothers and sisters;
Article
5. Domestic violence acts performed by people who have had a relationship of
adoptive parents and adopted children with each other
1. Performing acts
specified in Points a, b, c and k Clause 1 Article 3 of the Law on Prevention
and Combat against Domestic Violence.
2. Illegally forcing others
to leave their legal residence.
3. Disclosing or
spreading information on personal life, secrets, and family secrets of others
to insult their honor and dignity;
Article
6. Information confidentiality when receiving and handling notifications and denunciations
of domestic violence
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2. Regarding authorities,
organizations, and individuals shall:
Acquire the written
consent from the person providing notifications or denunciations of domestic violence
following Form No. 01 of the Appendix enclosed with this Decree before
disclosing his/her information;
b) Acquire the written
consent following Form No. 02 of the Appendix enclosed with this Decree from
the guardian or legal representative of the domestic violence victim before
disclosing information on the personal life, personal secrets, and family
secrets of such a victim.
Chapter
II
RECEIPT AND
HANDLING OF NOTIFICATIONS AND DENUNCIATIONS OF DOMESTIC VIOLENCE
Article
7. National hotline for domestic violence prevention and combat
1. The national hotline
for domestic violence prevention and combat (hereinafter referred to as
“Hotline”) shall be in the form of a short phone number with 3 digits to
receive and handle notifications and denunciations of domestic violence.
2. The Hotline shall be
operated 24/7 to receive notifications and denunciations of domestic violence
with the operational resources guaranteed by the State.
3. The Hotline shall
automatically record and pay the telecommunications fees for every incoming and
outgoing call.
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Article
8. Tasks of the Hotline
1. Receive notifications
and denunciations of domestic violence from authorities, organizations, and
individuals.
2. Instruct domestic
violence victims to come to competent authorities, organizations, or
individuals or concerned authorities, organizations, and individuals for
protection and support.
3. Transfer the
notifications or denunciations to People’s Committees of communes where
domestic violence acts occur. If there are criminal signs, immediately inform
competent authorities for settlement under criminal procedure laws.
4. Provide information at
the request of competent state authorities or authorities, organizations, or
individuals that directly provide notifications of denunciations of domestic
violence.
5. Store, analyze, and
summarize information and data, and prepare reports as prescribed by laws.
Article
9. Procedures for receiving and handling notifications and denunciations of
domestic violence via the Hotline
1. Domestic violence
victims or authorities, organizations, and individuals detecting domestic
violence acts shall immediately call the Hotline to notify and denounce
domestic violence.
2. Receivers of
notifications and denunciations of domestic violence via the Hotline shall
record the information in writing following Form No. 03 of the Appendix
enclosed with this Decree while providing psychological counseling and skills
in responding to domestic violence acts for the information providers.
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4. Presidents of People’s
Committees of communes receiving notifications as prescribed in Clause 3 of
this Article shall handle the notifications and denunciations of domestic
violence following Article 11 of this Decree. In case the victims in the
notifications or denunciations of domestic violence are children, the handling
shall comply with children laws.
Article
10. Procedures for receiving and handling notifications and denunciations of
domestic violence via addresses prescribed in Points a, b, c, d, and dd Clause
1 Article 19 of the Law on Prevention and Combat against Domestic Violence
1. Procedures for
receiving notifications and denunciations of domestic violence sent to
addresses prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the
Law on Prevention and Combat against Domestic Violence:
a) When receiving
notifications and denunciations of domestic violence in person or via phone
calls, receivers shall record the information in writing following Form No. 04
of the Appendix enclosed with this Decree while providing psychological
counseling and skills in responding to domestic violence acts for the
information providers;
b) When receiving notifications
and denunciations of domestic violence via messages, applications, or letters,
receivers shall record the information in writing following Form No. 05 of the
Appendix enclosed with this Decree.
2. Procedures for
handling notifications and denunciations of domestic violence sent to addresses
prescribed in Points a, b, c, d, and dd Clause 1 Article 19 of the Law on
Prevention and Combat against Domestic Violence:
a) Public Security
Authorities and Border Guard Stations receiving notifications or denunciations
of domestic violence shall promptly prevent and handle domestic violence acts
within their jurisdiction while reporting such incidents to Presidents of
People’s Committees of communes where domestic violence acts occur. In case the
victims in the notifications or denunciations of domestic violence are
children, the handling shall comply with children laws;
b) Immediately after
receiving notifications and denunciations of domestic violence, entities
prescribed in Points c, d, and dd Clause 1 Article 19 of the Law on Prevention
and Combat against Domestic Violence shall notify Presidents of People's
Committees of communes where domestic violence acts occur and prevent the acts
and provide support and protection for the domestic violence victims within
their capacity.
3. Authorities,
organizations, and individuals receiving notifications and denunciations of
domestic violence shall cooperate with state authorities and competent persons
according to domestic violence prevention and combat laws in verifying
notifications and denunciations upon requests.
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Article
11. Responsibilities of Presidents of People’s Committees of communes where
domestic violence acts occur in the handling of notifications and denunciations
of domestic violence
1. Classify notifications
and denunciations of domestic violence after receiving them as follows:
a) Immediately submit
reports to competent authorities for handling according to criminal procedure
laws in case notifications or denunciations of domestic violence have criminal
signs;
b) Assign Public Security
Forces of communes, wards, or commune-level towns to handle the concerned
incidents if the domestic violence victims are children, pregnant women, women
raising children under 36 months old, the elderly, disabled people, and people
who are unable to take care of themselves or the domestic violence acts have
caused or can potentially endanger the health and life of the victims;
c) Handle the incidents
within their jurisdiction after receiving notifications or denunciations of
domestic violence or reports on domestic violence from authorities and
individuals prescribed in Points b, c, d, dd, and e Clause 1 Article 19 of the
Law on Prevention and Combat against Domestic Violence. While handling
notifications and denunciations of domestic violence, Presidents of People’s
Committees of communes shall, based on practical grounds and within their
jurisdiction, invite the representatives of authorities, organizations, and
individuals concerning the domestic violence victims to cooperate in
protecting, supporting, and providing psychological counseling and skills in
responding to domestic violence for the victims.
2. Cooperate with competent
authorities and persons in handling notifications and denunciations of domestic
violence regarding cases prescribed in Point a Clause 1 of this Article.
3. Inspect and assess the
handling of domestic violence acts.
4. Provide information on
the handling of notifications and denunciations of domestic violence upon
requests from competent state authorities or authorities, organizations, or
individuals providing notifications or denunciations of domestic violence.
Article
12. Measures to prevent domestic violence acts and protect and support domestic
violence victims regarding foreigners in Vietnam
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a) They shall be arranged
to shelters and receive support for necessary needs, care, treatment, legal
aid, psychological counseling, and skills in responding to domestic violence
according to Points d, dd, and e Clause 1 Article 22 of the Law on Prevention
and Combat against Domestic Violence;
b) The application of
Point a of this Clause to foreigners in Vietnam shall be carried out similarly
to the application to Vietnamese unless otherwise prescribed by international
treaties that Vietnam is a signatory.
2. Regulations applicable
to foreigners in Vietnam who are perpetrators:
a) They shall be forced
to end domestic violence acts, requested to present themselves to the Public
Security Forces of communes, wards, or commune-level towns where domestic
violence acts occur, banned from any contact with the victims, forced to take
domestic violence education and control courses, criticized in the residential
communities, and forced to carry out community services according to Points a,
b, c, g, h, and I Clause 1 Article 22 of the Law on Prevention and Combat
against Domestic Violence;
b) They shall pay the
fees for hiring interpreters from Vietnamese to foreign languages and vice
versa, lawyers, guardians, and other fees prescribed in Point a Clause 1 of
this Article for the domestic violence victims. The payment shall comply with
finance laws; regarding cases unprescribed by finance laws, carry out the
payment according to actual invoices and receipts;
c) The application of
Point a of this Clause to foreigners in Vietnam shall be carried out similarly
to the application to Vietnamese unless otherwise prescribed by international
treaties that Vietnam is a signatory.
3. Foreigners in Vietnam
who are domestic violence victims or perpetrators may invite the
representatives of authorities or organizations they are working with or assign
their legal representatives to participate in the implementation of measures
prescribed in Clause 1 and Clause 2 of this Article.
4. Persons competent to
decide measures to prevent domestic violence acts and protect and support
foreigners in Vietnam who are domestic violence victims shall monitor, manage,
and supervise the implementation of measures applicable to foreigners in
Vietnam prescribed in Clauses 1, 2, and 3 of this Article.
Article
13. Provision of psychological counseling services and skills in responding to
domestic violence for domestic violence victims
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2. The provision of
psychological counseling services and skills in responding to domestic violence
for domestic violence victims shall be carried out directly or indirectly.
3. The Ministry of
Culture, Sports and Tourism of Vietnam shall take charge, develop, and
promulgate documents guiding the psychological counseling and skills in
responding to domestic violence.
Chapter
III
PROTECTIVE
ORDERS DECIDED BY PRESIDENTS OF PEOPLE'S COMMITTEES OF COMMUNES
Article
14. Principles of protective orders
1. To ensure the benefits
of domestic violence victims who are children, pregnant women, women raising
children under 36 months old, the elderly, disabled people, people who are unable
to take care of themselves, or patients in treatment.
2. To adequately notify
domestic violence victims of their rights and obligations before issuing
protective orders.
Article
15. Cases subject to protective orders
1. The domestic violence victim
or his/her guardian or legal representative requests the President of the
People's Committee of the commune where domestic violence acts occur to issue a
protective order if the domestic violence acts are deemed to damage or threaten
the health or life of the domestic violence victim.
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3. The President of the
People's Committee of the commune shall issue a protective order according to
Point b Clause 1 Article 25 of the Law on Prevention and Combat against
Domestic Violence.
Article
16. Methods and applications for protective orders
1. Applications for
protective orders shall be submitted in person, through postal services, or
electronic means.
2. Regarding Clause 2
Article 15 of this Decree, the application shall be made following Form No. 06
of the Appendix enclosed with this Decree. Applications are not required
regarding cases prescribed in Clause 1 and Clause 3 Article 15 of this Decree.
Article
17. Protective orders
1. The President of the
People’s Committee of the commune shall, based on Article 15 and Article 16 of
this Decree, issue protective orders. The President of the People’s Committee
of the commune shall issue protective orders according to requests prescribed
in Clause 1 or Clause 2 Article 15 of this Decree following Form No. 07 of the
Appendix enclosed with this Decree. In case of declining to issue protective
orders, provide answers and explanations in writing. The President of the
People’s Committee of the commune that issues protective orders himself/herself
shall follow Form No. 08 of the Appendix enclosed with this Decree.
2. For each protective
order, the validity period shall be no more than 3 days.
Article
18. Contact during protective orders
1. A perpetrator under a
protective order may only have contact with the domestic violence victim in the
following cases:
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b) A relative has an
accident or illness requiring care;
c) Remedy for natural
disasters, fire, or epidemics is required.
2. When in need of having
contact with the domestic violence victim in cases specified in Clause 1 of
this Article, the perpetrator under a protective order shall send written
notification following Form No. 09 of the Appendix enclosed with this Decree to
the concerned supervisor of the protective order compliance. Contact shall only
be made after the perpetrator has submitted the mentioned notification and the
supervisor has signed such notification. The time of contact shall be no more
than 4 hours.
3. The supervisor shall
immediately inform the President of the People's Committee of the commune, who
issued the protective order, of the incident for the provision of protective
measures for the domestic violence victim.
Article
19. Violations of protective orders
1. A perpetrator is
considered to violate the protective in the following cases:
a) Coming close to the
domestic violence victim within 100m without any wall or partition for safety
assurance;
b) Using mobile phones,
emails, or other equipment to commit domestic violence acts to the person
protected by the protective order.
2. Perpetrators violating
protective orders shall be subject to custodial measures according to
administrative procedures for preventing domestic violence prescribed by
administrative violation handling laws.
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1. The cancellation of a
protective order according to Point a and Point b Clause 4 Article 25 of the
Law on Prevention and Combat against Domestic Violation shall be carried out
according to the following procedures:
a) Competent authorities,
organizations, and individuals prescribed in Point a Clause 1 and Point a and Point
b Clause 4 Article 25 of the Law on Prevention and Combat against Domestic
Violence shall submit applications to Presidents of People’s Committees of
communes who issued protective orders to request the cancellation of such
orders following Form No. 10 of the Appendix enclosed with this Decree.
Applications shall be submitted by the methods prescribed in Clause 1 Article
16 of this Decree;
b) Within 12 hours after
receiving an application, the concerned President of the People’s Committee of
the commune who issued the protective order shall cancel the order following
Form No. 11 of the Appendix enclosed with this decree. In case of refusal,
provide answers and explanations in writing.
2. The President of the
People’s Committee of the commune shall cancel the protective order under Point
c Clause 4 Article 25 of the Law on Prevention and Combat against Domestic
Violence when:
a) The violence victim
dies;
b) The perpetrator dies
or is incapacitated;
c) There are grounds to determine
that the protective order is inappropriate.
3. A decision on the
cancellation of a protective order comes into force right after its signing and
shall be sent to the concerned perpetrator, domestic violence victim, Head of the
Public Security Force of the commune, ward, or commune-level town, head of the
village, head of the sub-quarter where the victim resides, protective order
supervisor, and the competent authority, organization, or individual requesting
the cancellation.
Article
21. Rights to choose accommodation during protective orders
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2. If the domestic
violence victim cannot decide the accommodation or the accommodation fails to
meet the requirements prescribed in Point a Clause 1 Article 19 of this Decree,
Article 28 of the Law on Prevention and Combat against Domestic Violence shall
prevail.
Chapter
IV
OTHER
FACILITIES PARTICIPATING IN PREVENTION AND COMBAT AGAINST DOMESTIC VIOLENCE;
PROVIDERS OF DOMESTIC VIOLENCE PREVENTION AND COMBAT SUPPORT SERVICES
Article
22. Operational contents and scope of other facilities participating in the
prevention and combat against domestic violence
1. Other facilities
participating in the prevention and combat against domestic violence are
facilities registered for participation in the prevention and combat against
domestic violence voluntarily by organizations and individuals.
2. Other facilities
participating in the prevention and combat against domestic violence may
receive preferential policies according to domestic violence prevention and
combat laws.
3. Operational contents
of other facilities participating in the prevention and combat against domestic
violence:
a) Participation in the
dissemination and mobilization for domestic violence prevention and combat;
b) Support for resources
for domestic violence prevention and combat;
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d) Provision of
occupational training and job introduction for unemployed domestic violence
victims and perpetrators who wish for support.
4. Operational scope of
other facilities participating in the prevention and combat against domestic
violence:
a) Individuals and
organizations shall register operations in one or several contents prescribed
in Clause 3 of this Article;
b) Individuals and
organizations shall register participation in domestic violence prevention and
combat support for employees, association members, trade union members, or
members under their management.
Article
23. Registration of operational contents and scope of other facilities
participating in the prevention and combat against domestic violence
1. Individuals and
organizations participating in domestic violence prevention and combat support
shall send notifications of the registration of operational contents and scope
under Clause 3 and Clause 4 Article 22 of this Decree to authorities of
culture, sports, and tourism of the People's Committees of provinces where they
are headquartered following Form No. 12 of the Appendix enclosed with this
Decree.
2. Notifications
specified in Clause 1 of this Article shall be sent in person, through postal
services, or electronic means. In case the organizations and individuals
specified in Clause 1 of this Article send the notifications via electronic
means, such notifications shall be in the form of photocopy (from the original)
or PDF with digital signatures.
3. Authorities of
culture, sports, and tourism of People’s Committees of provinces specified in
Clause 1 of this Article shall confirm the receipt of the notifications of
registration of operational contents and scope following Form No. 13 of the
Appendix enclosed with this Decree. In case of refusal, provide answers and
explanations in writing.
4. Other facilities
participating in domestic violence prevention and combat may only operate
according to their registered operational contents and scope. In case other
facilities participating in domestic violence prevention and combat have
operational contents and scope unprescribed in Clause 3 and Clause 4 Article 22
of this Decree, the establishment and operation of such facilities shall comply
with regulations applicable to providers of domestic violence prevention and
combat support services.
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6. Authorities of
culture, sports, and tourism of People’s Committees of provinces shall:
a) Organize advanced
training in knowledge and skills in preventing and combating domestic violence
for persons participating in domestic violence prevention and combat at other
facilities participating in domestic violence prevention and combat;
b) Inspect the operations
of other facilities participating in domestic violence prevention and combat as
prescribed by laws.
Article
24. Requirements for heads of providers of domestic violence prevention and
combat support services
1. Have full legal
capacity and have not been criminally prosecuted or received fines for acts of
domestic violence, specifically:
a) Have adequate health
as concluded by competent health facilities according to health checkup laws;
b) Have not been
criminally prosecuted or received any fine concerning domestic violence
prevention and combat.
2. Have at least a
bachelor's degree in training majors, disciplines, and fields concerning
services of provision registration, specifically:
a) Regarding a provider
of counseling services concerning domestic violence prevention and combat: the
head of such a facility shall have at least a bachelor’s degree in majors of
teacher training, health care, psychology, law, sociology, or community
services;
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c) Regarding a provider
of domestic violence prevention and control education services: the head of
such a facility shall have at least a bachelor’s degree in majors of teacher
training, health care, psychology, law, or community services;
d) Regarding a provider
of mental health care and mental illness prevention services for domestic
violence victims: the head of such a facility shall have at least a bachelor's
degree in majors of teacher training, health care, psychology, sociology, or
community services;
dd) Regarding a provider
of other services concerning domestic violence prevention and combat: the head
of such a facility shall have at least a bachelor’s degree in majors,
disciplines, and fields in conformity with the provided services.
3. In case a provider
registers for the provision of multiple services prescribed in Clause 1 Article
40 of the Law on Prevention and Combat against Domestic Violation, the head of
such a facility shall meet the requirements prescribed in Clause 1 and at least
one of the qualifications prescribed in Points a, c, d, and dd Clause 2 of this
Article.
Article
25. Competence to organize advanced training in knowledge and skills in
preventing and combating domestic violence according to Point b Clause 2
Article 40 of the Law on Prevention and Combat against Domestic Violence
1. The Ministry of
Culture, Sports and Tourism of Vietnam and People’s Committees of provinces are
competent to organize advanced training in knowledge and skills in preventing
and combating domestic violence according to Point b Clause 2 Article 40 of the
Law on Prevention and Combat against Domestic Violence.
2. Annually, state
authorities prescribed in Clause 1 of this Article shall promulgate plans for
advanced training in knowledge and skills in preventing and combating domestic
violence and disclose them on the website of the plan promulgation authority.
3. Facilities permitted
by state authorities to organize advanced training in knowledge and skills in
preventing and combating domestic violence are facilities identified in plans
for advanced training in knowledge and skills in preventing and combating
domestic violence promulgated by state authorities specified in Clause 1 of
this Article.
4. Facilities prescribed
in Clause 3 of this Article shall issue certificates to participants of
advanced training courses following Form No. 14 of the Appendix enclosed with
this Decree after the completion of such courses.
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1. Employees directly
providing domestic violence prevention and combat counseling are entitled to
advanced training in the knowledge of domestic violence prevention and combat
laws, identification of domestic violence acts, skills in responding to
domestic violence, and knowledge and skills in providing domestic violence
prevention and combat counseling.
2. Employees directly
providing services of shelters and other necessary needs for domestic violence
victims are entitled to advanced training in the knowledge of domestic violence
prevention and combat laws, identification of domestic violence acts, skills in
responding to domestic violence, and skills in preventing domestic violence.
3. Employees directly
carrying out domestic violence prevention and control education are entitled to
advanced training in the knowledge of domestic violence prevention and combat laws,
identification of domestic violence acts, anger management skills, violence
control skills, and skills in developing family relationships.
4. Employees directly
providing health care and mental illness prevention for domestic violence victims
are entitled to advanced training in the knowledge of domestic violence
prevention and combat laws, identification of domestic violence acts, knowledge
and skills in caring for domestic violence victims, and knowledge and skills in
providing psychotherapy and mental health care for domestic violence victims.
5. Employees performing
other activities concerning domestic violence prevention and combat are
entitled to advanced training in the knowledge of domestic violence prevention
and combat laws, identification of domestic violence acts, and knowledge and
skills concerning the provided services.
6. Persons with issued
certificates of advanced training in knowledge and skills in preventing and
combating domestic violence prescribed in Clauses 1, 2, 3, 4, and 5 of this
Article shall, after 5 years from the issuance date, participate in additional
advanced training courses to update and supplement their knowledge and skills
in preventing and combating domestic violence according to their field of work.
Article
27. Requirements for physical facilities and locations regarding facilities
providing shelters or domestic violence prevention and control education
services
1. Requirements for
physical facilities:
a) Providers of shelters
for domestic violence victims shall meet the mandatory requirements for beds,
mats, blankets, curtains, electric knighting, fans, contact phones, closed
toilets, doors with locks, and other requirements according to construction,
order, and security laws;
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2. Requirements for
locations: providers of shelters or domestic violence prevention and control
education services shall have specific headquarters for operations and
transactions. The mentioned headquarters shall be prescribed in certificates of
establishment registration.
Article
28. First-time issuance of certificates of establishment registration of
providers of domestic violence prevention and combat support services
1. An application for
first-time issuance of the certificate of establishment registration of a
provider of domestic violence prevention and combat support services includes:
a) Application for
first-time issuance of the certificate of establishment registration of provider
of domestic violence prevention and combat support services following Form No.
15 of the Appendix enclosed with this Decree;
b) Draft operational
regulations of the provider of domestic violence prevention and combat support
services;
c) Schedule for service
prices (if any);
d) Requirements
applicable to the head: (1) health checkup paper issued by a competent health
facility according to health checkup laws; (2) certified copies of the
bachelor’s degree (or higher) in the major concerning the services registered
for provision; (3) certified copies of other diplomas and certificates
concerning services registered for the establishment; (4) declaration of not
having been criminally prosecuted or fined for administrative violations of
domestic violence prevention and combat following Form No. 16 of the Appendix
enclosed with this Decree;
dd) Requirements
applicable to the application of an employee directly providing domestic
violence prevention and combat support services: (1) health checkup paper
issued by a competent health facility according to health checkup law; (2)
certified copies of the high school diploma (or higher); (3) certified copies
of diplomas and certificates concerning the services expected to be provided;
(4) certified copies of the certificate of advanced training in knowledge and
skills in preventing and combating domestic violence;
e) Any authority,
organization, and individual registering for the establishment of a provider of
domestic violence prevention and combat support services shall submit an
application in person, through postal services, or electronic means to the
authority of culture, sports, and tourism of the People’s Committee of the
province where the provider is headquartered to request for the first-time
issuance of the certificate of establishment registration.
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2. Procedures for the
first-time issuance of a certificate of establishment registration of a
provider of domestic violence prevention and combat support services are as
follows:
a) If the application is
invalid, within 5 working days after receiving the application, the receiving
authority shall notify the applicant of such matter in writing for the
applicant to amend the application;
b) If the application is
valid, within 10 working days after receiving the application, the receiving
authority shall perform the first-time issuance of the certificate to the
provider of domestic violence prevention and combat support services following
Form No. 17 of the Appendix enclosed with this Decree. In case of refusing to
issue the certificate, provide answers and explanations in writing.
The certificate shall be
sent in person, through postal services, or electronic means to the address
registered by the applicant. If the certificate is sent through electronic
means, the certificate shall be in PDF form with digital signatures.
Article
29. Re-issuance and renewal of certificates of establishment registration of
providers of domestic violence prevention and combat support services
1. Regulations on the
re-issuance of certificates of establishment registration of providers of
domestic violence prevention and combat support services:
a) Providers of domestic
violence prevention and combat support services shall apply for re-issuance of
certificates of establishment registration in case their certificates or lost,
torn, or damaged;
b) Providers of domestic
violence prevention and combat support services shall submit applications for
the re-issuance in person, through postal services, or electronic means to
certificate issuance authorities following Form No. 15 of the Appendix enclosed
with this Decree;
c) In case of invalid
applications, the receiving authority shall instruct the completion of such
applications after receiving them in person. Regarding invalid applications
sent through postal services or electronic means, within 1 working day after
receiving such applications, the receiving authority shall send written
notifications to applicants for them to amend such applications;
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The certificates shall be
sent in person, through postal services, or electronic means to the addresses
registered by applicants. If the certificates are sent through electronic
means, they shall be in PDF form with digital signatures.
2. Regulations on the
renewal of certificates of establishment registration of providers of domestic
violence prevention and combat support services:
a) A provider of domestic
violence prevention and combat support services shall apply for the renewal of
the certificate of establishment registration in the following cases: (1)
changes to the head; (2) changes to the address; (3) changes to the operational
contents and scope;
b) An application for the
renewal of a certificate of establishment registration includes: (1) regarding
the case of changes to the head, comply with Point d Clause 1 Article 28 of
this Decree; (2) the application shall follow Form No. 15 of the Appendix
enclosed with this Decree. The applicant shall be submitted in person, through
postal services, or electronic means. In case of submission via electronic
means, components of the application shall be in the form of a photocopy (from
the original) or PDF with digital signatures. Documents shall be named
corresponding to the names of the enclosed papers and documents;
c) Procedures for the
renewal of the certificate of establishment registration shall comply with
Clause 2 Article 28 of this Decree. The renewed certificate of establishment
registration shall follow Form No. 17 of the Appendix enclosed with this
Decree.
The certificate shall be
sent in person, through postal services, or electronic means to the address
registered by the applicant. If the certificate is sent through electronic
means, the certificate shall be in PDF form with digital signatures.
Article
30. Revocation of certificates of operation registrations of providers of
domestic violence prevention and combat support services
1. A provider of domestic
violence prevention and combat support services shall have its certificate of
operation registration revoked in the following cases:
a) The certificate of
operation registration has been renewed;
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c) The certificate of
operation registration is issued contrary to laws;
d) The provider is
dissolved or terminates its operations;
dd) The provider does not
operate 12 months after the issuance of the certificate.
2. Authorities of culture,
sports, and tourism of People’s Committees of provinces that issue certificates
of operation registration to providers of domestic violence prevention and
combat support services are competent to revoke such certificates.
3. Procedures for revoking
certificates of establishment registration:
a) Regarding cases
prescribed in Points a and b Clause 1 of this Article, the revocation shall be
carried out after the re-issuance or renewal;
b) Regarding the case
prescribed in Point b Clause 1 of this Article, the revocation shall be carried
out immediately;
c) Regarding cases
prescribed in Points c and dd Clause 1 of this Article, certificates shall be
revoked after 15 days from the date the violation is detected and the provider
fails to provide any explanation. If the explanation is approved by the
competent authority, within 6 months, the provider shall rectify its violation.
The revocation shall be
made into a document following Form No. 18 of the Appendix enclosed with this
Decree.
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STATE BUDGET
EXPENDITURES ON DOMESTIC VIOLENCE PREVENTION AND COMBAT
Article
31. State budget allocation and estimate
1. The state budget for
domestic violence prevention and combat shall be allocated in the annual budget
estimate of socio-political authorities and organizations with assigned tasks
concerning domestic violence prevention and combat according to state budget
laws and current state budget regulations.
2. Public service
providers with assigned tasks concerning domestic violence prevention and
combat may proactively use assigned financial sources autonomously for domestic
violence prevention and combat; the state budget shall be allocated according
to the law on financial autonomy mechanisms of public service providers.
Article
32. Management, use, and settlement of state budget
1. Socio-political
authorities and organizations with assigned tasks concerning domestic violence
prevention and combat shall prepare the estimate and comply with the budget,
accounting, and settlement according to state budget laws.
2. The use of the state
budget for domestic violence prevention and combat shall comply with the norms,
standards, and regulations promulgated by competent state authorities and be
within the assigned state budget expense.
3. The expenditures
prescribed in this Decree are the maximum expenditures for socio-political
authorities and organizations to prepare expense estimates for domestic
violence prevention and combat. Heads of central socio-political authorities
and organizations and People's Committees of provinces shall decide the
specific expenditures, ensuring that they do not exceed the ones prescribed in
this Decree for thrift, effectiveness, and conformity with the state budget
capacity.
4. Regarding expenditures
on domestic violence prevention and combat unprescribed in this Decree, comply
with the expenditures prescribed in relevant legislative documents.
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Article
33. Expenditures on information, communications, and education
1. Expenditures on
information, communications, and education through conferences, seminars,
training, and thematic talks: comply with regulations on fees and expenditures
on conferences of the Minister of Finance of Vietnam.
2. Expenditures on
information, communications, and education on mass media: expenditures and
royalties for development of news, reports, and talks on domestic violence
prevention and combat shall comply with regulations of the Government of
Vietnam on expenditures on royalties in press and publication.
3. Expenditures on
information, communications, and education through loudspeakers shall comply
with regulations of the Government of Vietnam on expenditures on royalties and
remunerations for works of cinematography, fine art, photography, theatre, and
other types of performing arts.
4. Expenditures on
production and distribution of banners, hoardings, posters, and promotional
paintings: carry out following invoices and receipts and comply with bidding
laws.
5. Expenditures on the
organization of performances of arts and skits in communities:
a) Allowances for new
program training: Up to 100.000 VND per person per session; the maximum number
of training sessions for a program is 10;
b) Allowances for
performance programs: Up to 100.000 VND per person;
c) Allowances for MCs: Up
to 500.000 VND per session;
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6. Expenditures on the
organization of strategies for communications in communities:
a) Expenditures on script
development: Up to 1.000.000 VND per script
b) Allowances for MCs: Up
to 500.000 per person per session;
c) Expenditures on
allowances for people directly participating in strategies for communications
in communities: Up to 100.000 per person per session;
d) Art performances
according to Clause 5 of this Article;
dd) Expenditures on
gasoline, vehicle rental, photos of documents, devices, tools, and other
rentals shall be based on contracts, invoices, receipts, local market prices,
and laws.
7. Expenditures on the
compilation of sample documents to disseminate and universalize knowledge and
skills in preventing and combating domestic violence: Comply with regulations
of the Minister of Finance of Vietnam on the contents and expenditures on the
development of training programs and compilation of textbooks for learning
subjects of higher and vocational education.
Article
34. Expenditures on competitions for study on domestic violence prevention and
combat
1. Compilation of
question papers and answer keys: Up to 2.000.000 VND per question paper
enclosed with answer keys.
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3. Allowances for members
of the Organization and Secretary Committees of the competition: Up to 350.000
VND per person per session.
4. Expenditures on
prizes:
Each competition shall
have up to 1 first prize, 2 second prizes, 3 third prizes, and 3 encouragement
prizes, expenditures on the mentioned prizes are as follows:
a) Expenditures on the
first prize: Collective prize organized by central authorities: 30.000.000 VND
per prize, organized by provincial authorities: 20.000.000 VND per prize,
organized by district-level authorities: 10.000.000 VND per prize, and
organized by commune-level authorities: 5.000.000 VND per prize. Individual
prize organized by central authorities: 20.000.000 VND per prize, organized by
provincial authorities: 10.000.000 VND per prize, organized by district-level
authorities: 5.000.000 VND per prize, and organized by commune-level
authorities: 2.500.000 VND per prize;
b) Expenditures on second
prizes: Collective prizes organized by central authorities: 20.000.000 VND per
prize, organized by provincial authorities: 10.000.000 VND per prize, organized
by district-level authorities: 5.000.000 VND per prize, and organized by
commune-level authorities: 2.500.000 VND per prize; Individual prizes organized
by central authorities: 10.000.000 VND per prize, organized by provincial
authorities: 5.000.000 VND per prize, organized by district-level authorities:
up to 2.500.000 VND per prize, and organized by commune-level authorities:
1.250.000 VND per prize;
c) Expenditures on third
prizes: Collective prizes organized by central authorities: 10.000.000 VND per
prize, organized by provincial authorities: 5.000.000 VND per prize, organized
by district-level authorities: 2.500.000 VND per prize, and organized by
commune-level authorities: 1.250.000 VND per prize. Individual prizes organized
by central authorities: 5.000.000 VND per prize, organized by provincial
authorities: 2.500.000 VND per prize, organized by district-level authorities:
up to 1.250.000 VND per prize, and organized by commune-level authorities:
700.000 VND per prize;
d) Expenditures on
encouragement prizes: Collective prizes organized by central authorities:
5.000.000 VND per prize, organized by provincial authorities: 3.000.000 VND per
prize, organized by district-level authorities: 1.500.000 VND per prize, and
organized by commune-level authorities: 750.000 VND per prize. Individual
prizes organized by central authorities: 2.500.000 VND per prize, organized by
provincial authorities: 1.250.000 VND per prize, organized by district-level
authorities: up to 700.000 VND per prize, and organized by commune-level
authorities: 350.000 VND per prize.
5. Expenditures on meals,
accommodations, and traveling for members of the organizing committee and
members of the competition council during competition days shall comply with
the regulations of the Minister of Finance of Vietnam on fees and expenditures
on conferences.
6. Provision of financial
support for meals, accommodation, and traveling for candidates of the
competition (including training and competition days, up to 10 days),
application of expenditures on financial support for meals and rest for
delegates not receiving salaries according to the regulations of the Minister
of Finance of Vietnam on fees and expenditures on conferences. Those who have
received the mentioned support shall not receive any payment at their agencies
or units.
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8. Expenditures on hall
and equipment for state competition rentals shall be based on contracts,
invoices, and receipts.
9. Expenditures on art
performance artist hire:
a) Individuals: Up to
300.000 per person per performance;
b) Collectives: Up to
5.000.000 VND per collective per performance and up to 300.000 per person per
collective performance.
10. Expenditures on
reports on the competition results:
a) Central competition:
Up to 5.000.000 VND per report;
b) Provincial competition:
Up to 3.000.000 VND per report;
c) District-level
competition: Up to 2.000.000 VND per report;
d) Grassroots
competition: Up to 1.000.000 VND per report;
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a) Expenditures on press release
development: Up to 1.000.000 VND per release;
b) Expenditures on
remunerations of press journalists invited to the press conference: Up to
100.000 VND per person per press conference;
c) Expenditures for the
person in charge of the press conference: Up to 300.000 VND per press
conference;
d) Expenditures on
persons answering questions from journalists at the press conference: Up to
200.000 VND per person per press conference.
Article
35. Expenditures on development and implementation of domestic violence
prevention and combat models
1. Expenditures on
research on the development of domestic violence prevention and combat models
shall comply with laws regarding the contents and expenditures on the
implementation of activities of researching, investigating, surveying, and
assessing.
2. Expenditures on draft
models: Up to 20.000.000 VND per model.
3. Expenditures on
persons participating in the implementation of models shall be based on the
actual number of participated days and up to 100.000 VND per person per day or
up to 2.000.000 VND per person per month in case of fund assignment.
4. Other expenditures
shall be based on actual situations, invoices, receipts, and relevant laws.
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1. Expenditures on the
establishment of counseling departments and divisions: phones, computers,
devices, and supplies prescribed by laws.
2. Expenditures on the
compilation of new documents; amendments and updates on documents in conformity
with the counseling contents according to the regulations of the Minister of
Finance of Vietnam.
3. Expenditures on
remunerations for counselors according to labor and working contracts shall be
based on agreements according to the productivity, quality, and efficiency of
work and the law on salaries and remunerations.
4. Expenditures on
electricity, water, stationery, and photocopies of documents for counseling
shall be based on invoices, receipts, and local market prices but shall not
exceed 5.000.000 VND per month per facility.
Article
37. Expenditures on domestic violence education and control
1. Expenditures on the
compilation of documents for domestic violence education and control shall
comply with regulations of the Minister of Finance of Vietnam on the contents
and expenditures on the development of training programs and compilation of
textbooks for learning subjects of higher and vocational education.
2. Expenditures on the
compilation of sets of multiple-choice questions to identify acts of domestic
violence and assess the knowledge and skills in controlling domestic violence
acts; skills in responding to domestic violence (drafting questions; reviewing,
selecting, and entering questions into a standardized question bank managed on
computer software) shall comply with the regulations of the Minister of Finance
of Vietnam on the management of budget for the preparation, organization, and
participation in exams applicable to general education.
3. Expenditures on the
dissemination of laws directly to perpetrators shall comply with the law on
management, use, and settlement of the state budget for the assurance of law
education and dissemination and access to laws of people at the grassroots
level.
Article
38. Expenditures on support for domestic violence victims
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2. Support for essential
needs during protective orders shall comply with regulations applicable to
social protection beneficiaries.
3. In case the domestic
violence victim with health damage is cared for and treated at a medical
examination and treatment facility, the payment of the cost of medical services
shall comply with the Law on Medical Examination and Treatment.
Article
39. Expenditures on compensation for damage to health, life, and assets for
individuals participating in domestic violence prevention and combat
1. Expenditures on
compensation for damage to health and life for individuals participating in
domestic violence prevention and combat:
a) Individuals
participating in domestic violence prevention and combat who are also
contributing to social insurance shall receive payments from the Health
Insurance Fund according to health insurance laws; the Health Insurance Fund
shall pay allowances for occupational accidents, pensions, and death allowances
according to social insurance and occupational safety and hygiene laws;
b) Individuals
participating in domestic violence prevention and combat shall receive payments
for benefits from their employers according to the law on occupational safety
and hygiene;
c) In case individuals
participating in domestic violence prevention and combat other beneficiaries,
they shall receive support according to policies on emergency social support or
be cared for and nurtured in communities according to social support laws.
2. Expenditures on
compensation for damage to assets for individuals participating in domestic
violence prevention and combat:
a) An individual
participating in domestic violence prevention and combat shall receive
compensation for damage to his/her assets if he/she receives such damage while preventing
domestic violence acts and the concerned perpetrator is incapable of
compensating the damage;
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Article
40. Expenditures on the development of network of population collaborators
participating in domestic work and domestic violence prevention and combat
1. Population
collaborators participating in domestic work and domestic violence prevention
and combat in communities shall receive monthly allowances and benefits prescribed
by Provincial People’s Committees and covered by local budgets.
2. Annually, authorities
of culture, sports, and tourism shall organize professional advanced training
in domestic work and domestic violence prevention and combat for population collaborators
participating in domestic work and domestic violence prevention and combat.
Expenditures shall comply with the regulations of the Minister of Finance of
Vietnam on the preparation of estimates and management and use of funding from
the state budget for training and advanced training for officials.
3. Population
collaborators participating in domestic work and domestic violence prevention
and combat may participate in regional and inter-regional competitions,
conferences, and seminars to exchange work experience and be eligible for
policies according to domestic violence prevention and combat laws and relevant
laws.
4. Each population
collaborator participating in domestic violence prevention and combat shall be
equipped with tools in conformity with his/her conditions and local financial
capacity to carry out domestic violence prevention and combat tasks.
Article
41. Expenditures on inter-sectoral and preliminary and final operations
1. Expenditures on
meetings and conferences for the implementation of tasks, preliminary and final
reviews, and professional training in domestic violence prevention and combat:
a) Expenditures on
allowances for delegates: Up to 100.000 per person per session;
b) Expenditures on
thematic report development: Up to 8.000.000 VND per report;
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d) Expenditures on final
report development: Up to 12.000.000 VND per report;
dd) Expenditures on the
writing of written discussions and proceedings of preliminary and final
conferences: Up to 2.000.000 VND per paper;
e) Expenditures on
stationery, printing of documents, and other relevant expenditures shall comply
with the regulations of the Minister of Finance of Vietnam on expenditures on
conferences.
2. Expenditures on
inspection and supervision of working programs and plans; organization of
regional and inter-regional activities of exchanging experiences in domestic
violence prevention and combat shall comply with the regulations of the Minister
of Finance of Vietnam on fees and expenditures on conferences.
Chapter
VI
IMPLEMENTATION
Article
42. Entry into force
1. This Decree comes into
force as of December 25, 2023.
2. Decree No. 08/2009/ND-CP
dated February 4, 2009 of the Government of Vietnam expires as of the effective
date of this Decree.
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1. Facilities providing
domestic violence prevention and combat counseling and support for domestic
violence victims established under domestic violence prevention and combat laws
before the effective date of this Decree may continue to operate without
performing the procedure for establishment registration and registration of
operational contents and scope.
2. Facilities providing
domestic violence prevention and combat counseling and support for domestic
violence victims established under domestic violence prevention and combat laws
before the effective date of this Decree when making any changes to their information
after the effective date of this Decree shall comply with this Decree.
3. Facilities of domestic
violence prevention and combat established under regulations other than
domestic violence prevention and combat laws shall carry out the registration
procedure of this Decree within 18 months from the effective date of this
Decree.
Article
44. Implementation
Island districts without
commune-level authorities shall carry out tasks of entitlements prescribed by
domestic violence prevention and combat laws for commune-level authorities
performed by district-level authorities within such island districts.
Article
45. Implementation responsibilities
1. The Ministry of
Culture, Sports and Tourism of Vietnam shall:
a) Organize and instruct the
implementation of this Decree;
b) Review, research,
develop, amend, and supplement legislative documents and relevant documents
concerning domestic violence prevention and combat;
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d) Consolidate domestic
violence prevention and combat models in communities;
dd) Develop and operate a
Hotline;
e) Provide advanced
training in knowledge and skills in preventing and combating domestic violence
for lecturers, reporters, and counselors at the national and provincial levels;
g) Organize private
mobilization and receive resources for domestic violence prevention and combat;
h) Promptly provide
commendations within its jurisdiction or request competent authorities to
commend collectives and individuals in domestic violence prevention and combat.
2. The Ministry of
Finance of Vietnam shall balance and allocate the state budget for domestic
violence prevention and combat according to state budget laws.
3. The Ministry of Labor
- War Invalids and Social Affairs of Vietnam shall:
a) Take charge and
complete law policies on social support for domestic violence victims; persons
participating in domestic violence prevention and combat;
b) Integrate tasks of
domestic violence prevention and combat as prescribed by laws into the
prevention and combat against gender-based violence and child violence in the
domestic environment;
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4. The Ministry of Public
Security of Vietnam shall take charge, review, and complete the law on handling
of violations of domestic violence prevention and combat laws.
5. The Ministry of
Information and Communications of Vietnam shall take charge of issuing short
phone numbers with 3 digits to be used as the hotline, provide guidelines on
the operations of the hotline, and ensure cyber information safety and security
concerning domestic violence prevention and combat.
6. The People’s
Committees of provinces shall:
a) Carry out local
implementation based on the functions and tasks assigned in the Law on
Prevention and Combat against Domestic Violence and this Decree;
b) Issue programs, plans,
projects, and schemes for domestic violence prevention and combat; allocate
resources for the implementation of tasks of domestic violence prevention and
combat;
c) Direct People’s
Committees of districts and communes to prioritize resources for the
implementation of tasks of domestic violence prevention and combat in their
areas and the development of trusted addresses in communities;
d) Develop staff of
population collaborators participating in domestic violence prevention and
combat; organize advanced training and updates on knowledge and skills in
preventing and combating domestic violence for reporters and counselors under
their management;
dd) Create favorable
conditions for other facilities participating in domestic violence prevention
and combat and facilities providing domestic violence prevention and combat
support services to operate in their areas;
e) Promptly provide
commendations within their jurisdiction or request competent authorities to
commend collectives and individuals in domestic violence prevention and combat.
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Ministers, Directors of
ministerial agencies, Directors of Government’s affiliates, Presidents of the
People’s Committees of provinces shall implement this Decree./.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha