The Vietnamese Government has recently introduced a new decree, marking a significant step in the fight against domestic violence, particularly focusing on the protection and support of foreign residents in Việt Nam.

The recently issued Decree No 76/2023/NĐ-CP details the implementation of certain provisions of the Law on Prevention and Control of Domestic Violence.

This decree specifically addresses measures to prevent domestic violence against foreign residents in Việt Nam. This decree will take effect from December 25, 2023.

Accordingly, foreign residents in Việt Nam who experience domestic violence will be provided temporary shelter and support for their essential needs, care, treatment, legal assistance, and psychological counselling, as well as guidance on coping with domestic violence (as stipulated in points d, đ, and e of Article 22, Clause 1 of the Law on Prevention and Control of Domestic Violence).

The application of these measures for foreign residents in Việt Nam will be similar to their application for Vietnamese nationals, except in cases where international agreements, of which Việt Nam is a member, prescribe different regulations.

Foreign residents in Việt Nam committing domestic violence will face measures aimed at putting an end to such behaviour. These measures include requiring the offenders to report to the local police station where the incident occurred, restrict contacts with the victims, educating and supporting the 'reforms' of their violent behaviour, community's feedback and criticism, and carrying out community service (as stipulated in points a, b, c, g, h, and i of Article 22, Clause 1 of the Law on Prevention and Control of Domestic Violence).

Individuals committing domestic violence are responsible for covering expenses such as hiring interpreters for translation between Vietnamese and foreign languages, legal representation, security personnel, and other related expenses for the victims of domestic violence.

The financial provisions will follow legal regulations, and in cases where financial regulations are not defined, expenses will be based on actual invoices and documents.

The implementation of the regulations for foreign residents in Việt Nam will be similar for Vietnamese nationals, except in cases where international agreements may dictate otherwise.

Foreign residents in Việt Nam involved in domestic violence or victims of domestic violence have the right to invite representatives from their workplace or legal representatives to participate in the implementation of the aforementioned measures.

The authorities responsible for deciding on measures to prevent domestic violence and for protecting and supporting victims of domestic violence among foreign residents in Việt Nam are responsible for monitoring, managing, and supervising the implementation of these measures in accordance with the regulations mentioned above. — VNS