Hello LSX. My husband and I have been married for 5 years and have a child together, now due to increasingly acute family conflicts, which occur frequently, my husband eats and drinks and then comes back to curse and abuse my mother and children. I want to get a divorce but I can’t agree, I have a question that can “How can I earn proof of domestic violence in Vietnam?” Besides, how will acts of domestic violence under current regulations be punished? Let’s find out with LSX in the article below.
Legal grounds
- Criminal Code 2015 (amended and supplemented 2017);
- Law on Domestic Violence Prevention and Control 2007;
What is domestic violence?
In Vietnamese, violence is understood as “power used to coerce, suppress or overthrow”. This concept is easy to think of political activities, but in fact violence is considered as a mode of behavior in social relations in general. Social relationships are very diverse and complex, so violent acts are also very rich, divided into many different forms depending on the viewing angle: visible violence and invisible violence; violence against women, against children…
Domestic violence is a form of social violence, which is “an intentional act by family members to harm or threaten to harm… with other family members” (Article 1, Law. Domestic violence prevention and control in 2007). In simpler terms, it is “family members exerting their power to solve family problems”. The family is a cell of society, a miniature form of society, so domestic violence can be considered as a miniature form of social violence with many different forms. In terms of form, domestic violence can be divided into the following main forms:
Physical violence: is the abuse, beating of family members, harming their health and life.
Mental violence: means words, attitudes and behaviors that hurt the honor, dignity, and psychology of a family member.
Economic violence: is an act that infringes upon the economic interests of a family member (freedom of labor, freedom of business, right to own property, etc.)
Sexual violence: is any act of a coercive nature in sexual relations between family members, including forced childbirth.
Each form of violence can manifest itself in a variety of behaviors. The Law on Prevention and Control of Domestic Violence stipulates that acts of violence include:
– Torture, mistreat, beat or other intentional acts infringing upon health and life;
– Insults or other intentional acts that offend the honor and dignity;
Isolation, exclusion or 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 other acts 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;
– There is an illegal act to force a family member out of the residence.
Causes of domestic violence
From each person’s perception
Gender inequality is considered to be the root cause of domestic violence. In society, there are still gender inequality concepts in the family such as gender prejudice, the idea of respecting men and disrespecting women. In the family, women have a position and power not equal to men, do not have the right to participate in family decisions, so violence against women and children in the family is increasing day by day to get a raise. The community and society still consider domestic violence as a private matter in each family and society should not interfere.
Children who witness domestic violence form a resigned mentality when they grow up and unknowingly develop the thought that domestic violence is a necessary measure to resolve family conflicts. And later growing up inevitably negative thoughts and repeating adult behaviors.
Many people with low level of awareness and understanding of the law think that parents have the right to beat and curse their children, husbands have the right to beat their wives…Many women and the elderly are also not fully aware. their rights should not dare to fight but endure violence. Even in families where members are highly educated and knowledgeable about the law, domestic violence still occurs.
From the economy
Economic difficulties are one of the causes of domestic violence because economic difficulties often create pressures, tensions, and deadlocks for family members and thus easily lead to conflicts. Disputes if not handled appropriately can cause domestic violence. However, not every economic hardship is necessarily related to domestic violence. The reality shows that many families with low living standards and incomes are still in harmony, and conversely, there are well-off families where violence still occurs.
From social evils
Social evils such as alcohol, gambling, drug addiction, prostitution… are direct causes of domestic violence. Statistics show that 60% of domestic violence incidents occur after the husband drinks alcohol or uses drugs. Stimulants reduce self-control as well as self-perception of right and wrong judgment, thereby leading to a state of irritability, irritability. At that time, small things also turned into big problems and family members easily clashed with each other.
From the prevention and fight against domestic violence
The 2007 Law on Domestic Violence Prevention and Control provides for acts considered as domestic violence and measures to handle acts affecting other subjects. In addition to the sanctions applied in accordance with the provisions of the decree on sanctioning administrative violations in this field, domestic violence, if it has serious consequences, can be prosecuted for criminal responsibility and subject to sanctions. Criminal. However, dealing with this behavior in practice still faces many difficulties, especially in cases where the behavior is unclear or the victim or witness does not dare to denounce such behavior.
Propaganda and education on the law on domestic violence prevention and control is still limited. The authorities and mass organizations have not fulfilled their functions and tasks in domestic violence prevention and control. Some government leaders and mass organizations still consider domestic violence to be a separate issue for each family.
At the same time, domestic violence cases have not been thoroughly handled in the locality. The government only intervenes with domestic violence cases with serious consequences when the victim or the victim’s family has a petition for help. In the work of reconciliation, women are often advised to hold back without thoroughly handling according to the law the perpetrators of domestic violence.
How can I earn proof of domestic violence in Vietnam?
You can collect evidence of domestic violence in the following ways:
Social Networking, Text Messaging and Email
• Screenshots on social networks (posts that post pictures or videos of you being abused).
• If you can’t take a screenshot on your phone, take a screenshot with another device.
• Try to include date and time messages, emails and posts.
• Try to include phone number/name/username/email address associated with contact information by text, post or email.
• Record the ALL content of your letter, email or social media post.
• Location can take multiple photos or screenshots for the entire message or post. Cross cross per image, take a screenshot or post it so we can see that we’ve connected and nothing has been deleted.
• Entire email can be printed or forwarded to your attorney or another trusted person.
• Voicemail
• Save by voicemail your child’s insults.
• Many phones allow phone mail forwarding. Consider forwarding us to a trusted friend/family member, your attorney, or saving it in a database.
• You can also save a voicemail on another device by playing it on one device while recording it on another device.
• If it is not possible to determine when a recorded message was received (iPhone is not supported), use another device to record a location alert video to the phone screen and play the relevant voicemail. You can also capture the screen symbol call.
Proof by Image
• Photos that show your abuse injuries (torn clothes, blood stains, damaged property, etc.)
• Capture multiple tracks from different angles at the same time shooting up close and far away from the tracks.
• Take a comparison photo of your injured and uninjured parts of your body.
Hospital Profile
You can request to receive complete medical records from the operator service provider’s medical record kit. You may be charged an accompanying fee to receive this document, a medical record showing the extent of your abuse.
Witness
• People who have witnessed or witnessed your family violence firsthand
• The witness will have to personally go to the court building. Written map reports – even if certified – will not be accepted.
• Sometimes, a personal certificate may be allowed to be certified over the phone.
How is domestic violence handled?
According to the provisions of the Law on prevention and combat of domestic violence 2007: Persons who violate the law on prevention and control of domestic violence and violence; depending on the nature and seriousness of the violation, they will be administratively handled, disciplined or examined for penal liability. If causing damage, they must also compensate for the damage according to regulations. Specifically:
Penalties for administrative violations
Acts of violence or violence against family members, which are still mild, will be administratively sanctioned.
Acts of beating causing injury, insulting dignity and honor to family members: a fine of from 1,000,000 VND to 1,500,000 VND.
The following acts will be fined from VND 1,500,000 to VND 2,000,000:
Using tools, vehicles, or other items to injure a family member.
Failing to promptly take the victim to the emergency room for treatment in case the victim needs to be given first aid in a timely manner; or not taking care of the victim while the victim is being treated for a domestic violence injury. Unless the victim refuses.
Poor treatment such as: forced to starve, endure cold, wear torn clothes, do not give or limit personal hygiene.
Neglect, do not take care of the elderly, weak, disabled, pregnant women, women raising small children.
In addition, it is also forced to apologize publicly when the victim requests.
Criminal prosecution
For cases causing serious consequences, which have been administratively handled and still commit violations; constitutes a crime, may be prosecuted for such crimes as:
Crime of intentionally causing injury or causing harm to the health of others: If the injury is between 11% and 30% or less than 11% but under certain circumstances; shall be sentenced to non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
Crime of mistreating or persecuting grandparents, parents, spouses, children, grandchildren, and foster caretakers: a warning, non-custodial reform for up to 3 years or a penalty of between 6 months and 3 years.
Crime of tormenting others: shall be sentenced to non-custodial reform for up to 3 years or a prison term of between 3 months and 2 years.
This is the bad behavior of society; however, wives, children, elderly parents… they often cover up and ignore these actions. Domestic violence needs to be dealt with appropriately; Everyone needs to build a happy life.
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Please see more
- What are the manifestations of domestic violence in Vietnam?
- Husband and wife checking each other’s messages is domestic violence according to Vietnamese law?
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Domestic violence causes physical and emotional harm to the victim. The act of beating, using force or sexual violence inevitably destroys health, painful injury, can lead to lifelong disability, even death. In addition, domestic violence causes mental phobia, depression, sadness, anxiety, fear, loss of confidence, confusion, depression; life feels heavy, stressful and hopeless.
Domestic violence is the leading cause of separation, divorce and broken families. Expenses for treatment and rehabilitation of the physical and mental health of victims and witnesses of domestic violence. Reduce labor time and productivity, thereby reducing family income. Inability to fulfill obligations to the family of paternal and maternal grandparents.
When experiencing domestic violence, if you are in an emergency situation, you can ask the nearest help from the Women’s Union, the leader of the neighborhood, the neighbor, etc. Or you can make a complaint at the police office or the People’s Committee. commune level, the head of the residential community where you reside
Conclusion: So the above is How can I earn proof of domestic violence in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
