BÁO TIN HOẶC TỐ GIÁC VỀ BẠO LỰC GIA ĐÌNH Ở ĐÂU VÀ BẰNG HÌNH THỨC NÀO THEO QUY ĐỊNH; HƯỚNG XỬ LÝ CỦA

Legal situation:

Hello Lawer, one of my neighbor's family often argues, the husband constantly uses vulgar language to insult his wife every time it happens. He aggressively beats her and kicks her out of the house. I really want to report this to the authorities so that proper measures can be taken to educate and deter the husband, but I don’t know how to do it. Could you please advise me where and how I can report or denounce domestic violence according to the law? Thank you, Lawyer!

Response:

Thank you for trusting and sending your question to FDVN Law Firm (“FDVN”). After reviewing the legal regulations, FDVN would like to provide the following information:

Specifically, the authorized addresses to receive reports or denunciations of domestic violence acts are regulated in Article 19 of the Law on Prevention and Combat Against Domestic Violence 2022, including:

a. The People’s Committees of communes where domestic violence acts occur;

b. Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur;

c. Educational institutions where domestic violence victims are learners;

d. Village Heads, Heads of Sub-Quarters, Heads of Vietnamese Fatherland Front Departments in residential areas where domestic violence acts occur;

e. Heads of socio-political organizations of communes where domestic violence acts occur;

f. National hotline for domestic violence prevention and combat.

Reports or denunciations can be made via the following methods:

Phone call, text message, written complaint/letter, or in-person report.

Handling of reports or denunciations is regulated in Article 20 of the 2022 Law on Prevention and Control of Domestic Violence, as follows:

1. Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur shall, upon receiving notifications or denunciations, promptly prevent and handle domestic violence acts within their scope of entitlements while notifying Chairmen of the People’s Committees of communes where domestic violence acts occur.

2. Organizations and individuals prescribed in Points c, d, dd, and e Clause 1 Article 19 of this Law shall, upon receiving notifications or denunciations of domestic violence acts, immediately provide notifications for Chairmen of the People’s Committees of communes where domestic violence acts occur and prevent such acts within their capability.

3. Chairmen of the People’s Committees of communes shall handle or assign the handling immediately after receiving notifications and denunciations of domestic violence acts or reports on domestic violence acts from organizations and individuals prescribed in Clause 1 and Clause 2 of this Article, except for cases prescribed in Clause 4 of this Article.

4. If subjects of notifications or denunciations of domestic violence acts 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, Chairmen of the People’s Committees of communes shall assign the Police Force of communes, wards, or towns (hereinafter referred to as “Commune-Level Police Force) to handle such matter.

5. In case of notifications or denunciations of criminals, the receipt and handling of notifications and denunciations shall comply with laws on criminal procedures.

6. The procedure for receiving and handling notifications and denunciations of domestic violence acts shall comply with regulations of the Government of Vietnam.

Regarding the use of audio or visual recordings of domestic violence:

According to Article 21 of the 2022 Law on Prevention and Control of Domestic Violence:

1. Individuals who possess recordings (audio/video) of domestic violence have the right to provide them to competent authorities for case resolution.

2. The use of audio and images of domestic violence acts during the handling of domestic violence cases and the publication of them on mass media or the internet shall be agreed on by domestic violence victims or guardians or legal representatives of domestic violence victims, unless otherwise prescribed by law.

Above is FDVN’s legal opinion in response to your inquiry, based on current legal regulations. We hope this information is helpful to you.

Hồ Trọng Trí – FDVN Law Firm