Husband and wife checking each other’s messages is domestic violence according to Vietnamese law?
“Hello Lawyer, lately my husband is stressed at work, so he gets angry at me. My husband is skeptical all day, saying I’m having an affair. He always wants to control and see the messages on my phone. Husband and wife check each other’s messages is it domestic violence? What should I do about this situation I have also explained and told him many times but he doesn’t care about me In this case I have What can I do? Ask a lawyer to help me.“. Thanks for your question. To clarify this, today, LSX Lawfirm will give you an article about “Husband and wife checking each other’s messages is domestic violence according to Vietnamese law?“, as follows:
Legal grounds
Civil Code 2015
Law on marriage and family 2014
Law on domestic violence prevention and control 2007
What is domestic violence?
Domestic violence is a form of social violence, which is “an intentional act by family members to harm or threaten to harm… to other family members” (Article 1, Law. Domestic violence prevention and control in 2007).
In simpler terms, it is “family members using their power to solve family problems”. The family is the cell of society, a miniature form of society, so domestic violence can be considered a miniature form of social violence with many different forms.
How does domestic violence manifest itself?
– Torture, starving, beating, or other intentional acts infringing upon health and life (which may cause death or threaten life);
- Insults or other intentional acts that offend the honor and dignity;
Isolating, driving away, or applying constant psychological pressure with serious consequences;
- Firstly, Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between father, mother, and child; between husband and wife; between brothers, sisters, and brothers;
- Secondly, Forced sexual intercourse;
- Thirdly, Forced child marriage; forcible marriage, divorce, or obstruction of voluntary and progressive marriage;
Appropriating, destroying, destroying, or committing other acts of intentionally damaging the private property of other family members or the common property of family members then;
- Forcing family members to work too hard, to contribute financially beyond their means; controlling a family member’s income to create financial dependence;
– There is an illegal act to force a family member out of the residence.
Is a couple checking each other’s messages about domestic violence?
According to the revised Domestic Violence Prevention Bill, acts that are considered domestic violence include torturing, ill-treating, beating, or intentionally infringing upon health and life; insulting or intentionally offending honor and dignity; isolating, repelling, or applying constant psychological pressure, causing physical or mental harm; neglect or fail to take care of the elderly, pregnant or nursing women, disabled or sick people.
There is also behavior that does not educate children; gender discrimination of family members when dividing inheritance; disparaging body shape, and gender; preventing family members from participating in social activities; distributing private information and images without consent; forced sex; Forcibly listening to sounds, viewing images, reading content, performing pornographic performances, inciting violence, etc.
In mid-April, at the National Assembly Standing session, National Assembly Chairman Vuong Dinh Hue suggested that forced fetal sex selection infringes on women’s health and spirit, and should be regulated as an act of domestic violence. . Minister of Education and Training Nguyen Kim Son suggested that parents not fulfill their responsibility to teach their children or use excessive methods in teaching their children are acts of domestic violence. In the draft submitted to the National Assembly at the 3rd session, these two acts were added then.
The draft Law on Domestic Violence Prevention and Control (amended) was submitted to the National Assembly for the first time; discussed in the hall on June 14.
Acts of domestic violence in accordance with the law
Pursuant to Article 2 of the 2007 Law on Domestic Violence Prevention and Control, domestic violence acts include:
Torture, mistreatment, beating, or other intentional acts infringing upon health and life;
Insults or other intentional acts that offend the honor or dignity;
Isolate, repel, or apply constant psychological pressure with serious consequences;
Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between father, mother, and child; between husband and wife; between brothers, sisters, and brothers;
Forced sexual intercourse;
Forced child marriage; forcible marriage, divorce, or obstruction of voluntary and progressive marriage;
Appropriating, destroying, destroying, or otherwise intentionally damaging the private property of another family member or the common property of family members;
Forcing family members to work too hard and contribute financially beyond their means; controlling a family member’s income to create financial dependence;
It is illegal to force a family member out of the residence.
Not only does this apply to the current family, but this provision of the law also applies to family members of divorced spouses or men and women who have not registered their marriage but live together as husband and wife.
What are the current principles of domestic violence prevention and control?
- Firstly, Combine and synchronously implement measures to prevent and combat domestic violence, with prevention as the main focus, focusing on family propaganda, education, counseling, and reconciliation in accordance with cultural traditions Good culture, customs, and practices of the Vietnamese nation.
- Secondly, Acts of domestic violence detected, prevented, and promptly handled in accordance with the law.
- Thirdly, Domestic violence victims are protected and helped in a timely manner suitable to their circumstances and the country’s socio-economic conditions; prioritize the protection of the legitimate rights and interests of children, the elderly, the disabled, and women.
- Finally, To promote the roles and responsibilities of individuals, families, communities, agencies, and organizations in domestic violence prevention and control.
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Related questions
Firstly, Direct execution.
Secondly, Through the mass media.
Thirdly, Integration in teaching and learning at educational institutions of the national education system.
Finally, Through literary and artistic activities, community activities, and other forms of mass culture.
a) Firstly, Forcible termination of domestic violence acts;
b) Secondly, Give first aid to victims of domestic violence;
c) Thirdly, Preventive measures in accordance with the law on handling administrative violations or the law on criminal proceedings against people committing acts of domestic violence;
d) Finally, Prohibit the person from committing acts of domestic violence to approach the victim; using the phone or other means of communication to commit violent acts against the victim (hereinafter referred to as the non-contact measure).
Confidentiality of private life a right recognized by the Constitution, including the right to the confidentiality of correspondence, telephone calls, and telegrams. Article 21 of the 2013 Constitution provides: Everyone has the right to confidential correspondence, telephone, telegram, and other forms of private communication. No one shall illegally open, control, or seize the correspondence, telephone, telegrams, and other forms of communication of private information of others. Thus, reading other people’s messages, and emails… is one the acts of infringing upon privacy rights and breaking the law
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