PHẦN MỞ ĐẦU VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI THU TRANG LEGAL POLICY DOMESTIC VIOLENCE PREVENTION AND CONTROL IN VIETNAM Major Constitutional Law and Ad[.]
VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI THU TRANG LEGAL POLICY DOMESTIC VIOLENCE PREVENTION AND CONTROL IN VIETNAM Major: Constitutional Law and Administrative Law Code: 38 01 02 SUMMARY OF DOCTORAL THESIS IN LAW HA NOI, 2023 The thesis work was completed at: Graduate Academy of Social Sciences Vietnam Academy of Social Sciences Supervisor: Assoc.Prof.Dr Nguyen Thi Bao Reviewer 1: Prof.Dr Pham Hong Thai Reviewer 2: Prof.Dr Thai Vinh Thang Reviewer 3: PGS.TS Truong Ho Hai The thesis will be defended before the Academy-level Thesis Examining Council, at: Graduate Academy of Social Sciences, No 477 Nguyen Trai, Thanh Xuan, Ha Noi at the hour date month year The thesis can be found at: - National library of Vietnam - Graduate Academy of Social Sciences library LIST OF PUBLISHED SCIENTIFIC WORKS RELATED TO THE THESIS TOPIC (2020), New regulations of Criminal Code contribute to improving the effectiveness of domestic violence prevention and control in Vietnam Social Sciences Human Resources Magazine, April 2020 (2022), Complete legal policies, prevention and control of domestic violence Journal of Legislative Studies No.14-2nd issue, July 2022 (2021), Prevention and control of domestic violence in particular and child abuse in general - current situation, solutions and recommendations IJER - International Journal of Educational Research Vol No 06/2021 INTRODUCTION The topic’s urgency Family is the cell of society; place to maintain the species; An important environment for forming, nurturing, and educating human personality, preserving and transmitting the nation's cultural values; is the foundation for building a happy society in the era of industrialization, modernization and international integration However, practice shows that the process of innovation and international integration; social change; impact of market economy; The 4.0 industrial revolution brings advantages and opportunities for strong development, but on the downside, it also raises challenges for the happiness and sustainability of Vietnamese families One of those challenges is that domestic violence has become a painful social problem, causing many serious consequences, the first of which is violating the human rights, honor, dignity and life of each individual, especially women, children, the elderly and other disadvantaged people in society; causing negative impacts on socio-economic life Therefore, the Vietnamese State is required to continue to raise awareness and make efforts to build and complete legal policies on domestic violence prevention and control to ensure consistency between the will of the ruling Party and the law of the State Because incorrect awareness, incorrect planning or improper implementation of legal policies on domestic violence prevention and control will reduce the effectiveness of the fight against domestic violence and prevent domestic violence crimes Theoretically, many research works related to the issue of domestic violence prevention and control have been published However, there is not much in-depth research on the system of legal policies, especially legal policies on domestic violence prevention and control Mainly, the authors only in-depth research on family policies, legal regulations on domestic violence prevention and control and other legal regulations related to domestic violence prevention and control, as a basis for building and applying laws on domestic violence prevention and control Therefore, legal policy on domestic violence prevention and control is one of the issues that requires systematic, synchronous and deeper research, fully generalizing the fundamental ideas and perspectives for building and apply laws on domestic violence prevention and control In order to contribute to systematizing, explaining, and clarifying theoretical and practical issues on legal policies on domestic violence prevention and control, postgraduate student choose the problem: “Legal policies on domestic violence prevention and control in Vietnam” working on a research topic for doctoral thesis in Constitutional Law and Administrative Law Thesis's research purposes and tasks 2.1 Research purpose The thesis researches theoretical and practical issues on domestic violence prevention and control policies to have a scientific basis to propose perspectives and solutions to improve legal policies on domestic violence prevention and control in Vietnam 2.2 Research tasks To achieve the purpose, the thesis solves the following specific tasks: Firstly, researching to clarify theoretical issues about legal policies on domestic violence prevention and control, including: concepts, characteristics, policy roles, and clarify the subject, object, content as well as the factors affecting legal policies on domestic violence prevention and control Secondly, describing, analyzing and evaluating the current status of legal policies on domestic violence prevention and control in Vietnam according to the identified criteria and pointing out the limitations of legal policies on domestic violence prevention and control in Vietnam according to each criterion and the basic causes of those limitations Thirdly, forecasting the situation of domestic violence prevention and control in the coming time, identifying viewpoints, and proposing solutions to improve legal policies on domestic violence prevention and control in Vietnam Research subject and scope - Research subjects: + The thesis focuses on researching a number of theoretical and practical issues about legal policies on domestic violence prevention and control in Vietnam - Research scope: + About content: The author approaches research on the content of legal policies on domestic violence prevention and control (including the legislative policy system and implementation of legislative policies on domestic violence prevention and control in Vietnam, legal protection policies and implementing legal protection policies on domestic violence prevention and control in Vietnam) With the limited capacity of the thesis, the author only focuses on evaluating the system perspective without going into each solution and tool of legal policies on domestic violence prevention and control + About space: Research project on legal policies on domestic violence prevention and control in Vietnam + About time: The data updated and used by the thesis to research legal policies on domestic violence prevention and control are mainly in the period from the promulgation of the Domestic Violence Prevention and Control Law in 2007 to present Methodological basis and research methods - The thesis is based on the methodology of dialectical materialism and historical materialism of Marxist-Leninist philosophy and a number of other political-legal theories such as the Theory of Human Rights President Ho Chi Minh's ideology about family; The Party's guidelines, the State's policies and laws on family, building a new cultural family, about Domestic Violence Prevention and Control - The thesis uses a research approach from a legal policy perspective, using a combination of many research methods such as: document review method, processing method, and statistical available data analysis; comparative method; Statistical methods; Scientific forecasting methods, interviews with experts, interviews with subjects suffering from domestic violence, selection of scientific knowledge, practical experiences at home and abroad on Domestic Violence Prevention and Control … New scientific contributions of the thesis The thesis is based on the inheritance of research results of a number of scientific works on the same topic that have been carried out in recent times At the same time, the thesis has new scientific findings, explanations and contributions, specifically as follows: - Firstly, systematizing the perspectives of legal policy research on domestic violence prevention and control On that basis, the thesis discovers theoretical and practical issues on domestic violence prevention and control that need to be further researched, clearly pointing out directions to propose legal policy solutions on domestic violence prevention and control, improving effectiveness of legal policy activities on domestic violence prevention and control in Vietnam today - Secondly, analyzing and clarifying theoretical issues about legal policies, domestic violence, domestic violence prevention and control, domestic violence prevention and control policies; Identify the subject, object, and content of legal policies on domestic violence prevention and control Clarifying the impact and influence of a number of factors (objective and subjective) on the effectiveness of legal policies on domestic violence prevention and control - Thirdly, analyzing the current status of legal policies on domestic violence prevention and control and practical implementation of legal policy contents on domestic violence prevention and control; Pointing out the advantages, limitations and causes leading to the advantages and limitations in current legal policies on domestic violence prevention and control in Vietnam - Fourthly, identifying directional viewpoints and propose some solutions to improve legal policies on domestic violence prevention and control in Vietnam In addition to solutions to raise awareness, develop, organize implementation, and create conditions to ensure the effectiveness of building and enforcing legal policies on domestic violence prevention and control, the thesis focuses on providing solutions Raising awareness that preventing and controlling domestic violence is the responsibility of the entire population; Ensuring the operational effectiveness of roombased models in the prevention and control of domestic violence; measures to protect third parties in preventing and controlling domestic violence, coordinating inter-sectoral work and coordination between state management agencies and political and social organizations in preventing and controlling domestic violence; Strengthening international integration in preventing and controlling domestic violence is both new and feasible Theoretical and practical significance of the thesis The topic has the following theoretical and practical significance: - Theoretical significance of the thesis: The research results of the thesis contribute to supplementing and perfecting the theory of legal policies on domestic violence prevention and control Clarifying the important role and meaning of legal policies on domestic violence prevention and control in the national policy system, identifying basic objective and subjective factors affecting legal policies on domestic violence prevention and control, especially identifying basic criteria to evaluate legal policies on domestic violence prevention and control - Practical significance of the thesis: The opinions and solutions given by the thesis can be used as reference documents for competent agencies to develop the National Strategy on domestic violence prevention and control in the next phase In addition, the thesis can be a reference in studying, researching, and teaching in training and fostering facilities on topics related to legal policies on domestic violence prevention and control; about building Vietnamese families Thesis structure In addition to the introduction, conclusion, list of author's research works, references, and list of acronyms, the thesis is structured in four chapters, specifically: Chapter Overview of the research situation and issues related to the thesis topic; Chapter Theoretical issues about legal policies on domestic violence prevention and control in Vietnam; Chapter Current status of legal policy on domestic violence prevention and control in Vietnam; Chapter Viewpoint and solutions to improve legal policies on domestic violence prevention and control in Vietnam Chapter OVERVIEW OF THE RESEARCH SITUATION AND ISSUES RELATED TO THE THESIS TOPIC 1.1 Status of research topic 1.1.1 Foreign and domestic scientific works researching the theoretical basis of legal policies on domestic violence prevention and control Research shows that, in the world as well as domestically, the analysis and evaluation of legal policies are mentioned in many published research works Regarding foreign research, there are typical works such as: “International standards of the Law on demestic Violence Prevention and Control, 2008” by Shelley Casey, United Nations gender expert [152]; “Family Law in the World Community: Cases, Materials, and Problems in Comparative and International Family Law” by Marianne D Blair, Merle H Weiner, Barbara Stark, Solangel Maldonado [161]; “International family law” by Barbara Stark [162]; “Addressing Domestic Violence Against Women: An Unfinished Agenda”, 2011 [161]; “CEDAW and the law” [155] by Rea Abada Chingson - Jurist, member of the Faculty of Law of Ateneo de Manila University (Philiplines); “International family law” [154] by Barbara Stark Most foreign research projects focus on analyzing and evaluating family law and domestic violence prevention and control; rights to protect children and women in the family The mention of legal policies is integrated into legal regulations, so the theory of domestic violence prevention and control policies is still vague Regarding domestic scientific research projects, there have been a number of research projects published in books such as: “Basic issues of public policy” [2] by Associate Professor, PhD Dang Khac Anh and coeditors; “General outline on public policy” [39] by Associate Professor Nguyen Huu Hai and Master Le Van Hoa co-editors; “Politics in public policy” by Associate Professor, PhD Trieu Van Cuong and co-editors [23] These scientific works all refer to concepts and descriptions of political analysis of public policy, providing tools for analysis and overview of the entire policy cycle from programming to planning, decision making, policy implementation and evaluation, introduction to key policy functions, challenges and solutions Research works on the theoretical basis of gender, gender-based violence, and monographs include:“ Gender issues from history to modernity”[56] by Phan Van Khoi, Do Thi Thach; “Some awareness about the concept of domestic violence crime” [115] by Le Thi Hong Thuong; “Some approaches in researching domestic violence against the elderly” [49] by Tran Thi Hong, Le Thi Hong Hai; “Preventing crimes using violence is a theoretical issue”[104] by Bui Van Thinh 1.1.2 Foreign and domestic scientific works on the organization and implementation of legal policies on domestic violence prevention and control For foreign projects such as: Research by Fenrich & Contesse (2008) in "It's not OK: New Zealand efforts to eliminate violence against women”[157]; WHO 2013 in “Global and regional estimates of violence against women: Prevalence and health effects of intimate partner violence and non-partnersexual violence” [168]; Araujo and authors (2000) in “How domestic violence came to be viewed as a public issue and policy object”[151]; Dee L.R Graham, Edna I Rawlings and Roberta K Rigsby (1994) in “Loving to Survive – Sexrvive Terror Men’s Violence and Women’s Live” [158]; In Vietnam, research projects and projects have been published in books on legal policies and the current status of implementing legal policies on domestic violence prevention and control in Vietnam, including: “Domestic violence with the issue of protecting dignity and human rights” by Pham Thi Tinh [119] The author points out that domestic violence occurs in all basic social groups, crossing boundaries of region, culture, income, living standard, age, and social status ; “25 Years of Implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in Practice in Vietnam” by CEDAW [16]; “Results from a national study on domestic violence world; Research and review Vietnamese legal documents on the basis of rights and gender through the lens of CEDAW, etc In terms of practicality, legal policies on domestic violence prevention and control have clarified domestic violence with the issue of protecting dignity and human rights; implement the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in practice in Vietnam; results from national research on domestic violence against Vietnamese women; Domestic violence originates from customary law; the issue of intellectual family violence in our country today; Genderbased violence in Vietnamese families and the role of mass media in the development of women; maladaptive behaviors of adolescents in violent families; prevent crimes that involve the use of violence; satisfaction with family life of women experiencing domestic violence; Current status of domestic violence intervention measures against women in Vietnam; Current status of reporting on domestic violence in electronic newspapers in Vietnam; current situation and solutions to continue promoting domestic violence prevention and control; the issue of domestic violence in the mountainous ethnic minority region of Northern Vietnam; about parental violence against children, etc On that basis, a number of solutions are proposed in legal policies on domestic violence prevention and control in Vietnam, specifically: recognition of domestic violence in Vietnam and solutions for prevention and control; sanction administrative violations in the field of domestic violence prevention and control; Screening, detecting, caring for and counseling victims of gender-based violence at medical facilities; Build a trusted address in the community; domestic violence against children and some prevention solutions; Intervention solutions in preventing and combating domestic violence through recent foreign research; solutions to improve the effectiveness of state management on domestic violence prevention and control in Vietnam; Vietnam Women's Union with the work of preventing and combating domestic violence; Preventing and combating domestic violence with administrative measures from the 10 practice of Quang Nam province; inter-sectoral coordination in preventing and combating domestic violence; promote the role of social workers to reduce domestic violence; preventing and combating gender-based violence in Vietnam, etc 1.2.3 Thesis issues that need further research First, the thesis needs to clarify the concept of policy, legal policy, family, domestic violence, legal policy on domestic violence prevention and control; characteristics and roles of legal policies on domestic violence prevention and control; Subjects, objects, and content of legal policies on domestic violence prevention and control; Factors affecting legal policies on domestic violence prevention and control in Vietnam Second, the thesis needs to evaluate the current status of legal policies on domestic violence prevention and control in Vietnam today; First, we must have an overview of the current situation of domestic violence and domestic violence prevention and control in Vietnam today; Then analyze the current situation and implementation of policies on domestic violence prevention and control in Vietnam, through Legislative policy and implementation of legislative policy on domestic violence prevention and control, Law implementation policy and practice of policy implementation, implementation of law on domestic violence prevention and control, Legal protection policy and implementation of legal protection policy on domestic violence prevention and control; Thereby, drawing general comments and assessments on the current status of legal policies on domestic violence prevention and control in Vietnam today Third, the thesis needs to propose perspectives and solutions to improve legal policies to prevent and combat domestic violence in Vietnam; Attention should be paid to ensuring the concretization of the Party's views and guidelines on family development strategies, including domestic violence prevention and control For solutions to improve legal policies on domestic violence prevention and control, it is necessary to focus on explaining and clarifying specific solutions such as: raising awareness of legal policies on domestic violence prevention and control; develop legal policies on domestic violence prevention and control; Organize and implement policies on 11 domestic violence prevention and control; create conditions to ensure the effectiveness of developing and implementing legal policies on domestic violence prevention and control Solutions to improve current legal policies on domestic violence prevention and control in Vietnam must ensure suitability, comprehensiveness, synchronization, uniformity, transparency and feasibility; At the same time, we must focus on prevention as the main work, by enhancing the role of family members, the role of social organizations, professional societies, and the role of villages and communes; Specifically, through the regulations of the village, family lineage, and the role of the local grassroots reconciliation team In addition, strengthen the role of administrative sanctions and criminal sanctions for violations of the law on domestic violence prevention and control; Complete regulations on organization, implementation and application of legal policies on domestic violence prevention 1.3 Research hypothesis and research questions of the thesis 1.3.1 Research hypothesis Legal policies and implementation of legal policies on domestic violence prevention and control play an important role in protecting human rights and promoting gender equality in the context of building a socialist rule-of-law state in our country However, the theory of legal policies and implementation of legal policies on domestic violence prevention and control in our country still has many issues that have not been adequately researched and resolved The current state of legal policies and implementation of legal policies on domestic violence prevention and control in recent times still has certain limitations in both awareness and implementation Faced with the practical requirements of social life and the task of building a socialist law-governed state of the people, by the people and for the people, there must be a unified view and synchronous implementation of solutions to complete and ensure the implementation of legal policies on domestic violence prevention and control in Vietnam today 12 1.3.2 Research question With the research results of related scientific works and based on available theories, the thesis needs to answer the following questions: Question What is the theoretical basis for legal policies to prevent and combat domestic violence in Vietnam today? Question What results have current legal policies and implementation of legal policies on domestic violence prevention and control in Vietnam achieved and what are the main limitations? What are the main causes of those limitations? Question To perfect and ensure the implementation of legal policies on domestic violence prevention and control in Vietnam, what views need to be thoroughly grasped and what solutions must be implemented synchronously? Chapter THEORETICAL ISSUES ABOUT LEGAL POLICIES ON DOMESTIC VIOLENCE PREVENTION AND CONTROL IN VIETNAM 2.1 Concepts, characteristics, and roles of legal policies on domestic violence prevention and control 2.1.1 Concept of legal policy on domestic violence prevention and control in Vietnam - Concept: Legal policy on domestic violence prevention and control is an integral part of the legal policy of the Vietnamese state, which determines the basic directions of the Party and State in the legislative and law enforcement process, protects laws on domestic violence prevention and control to fight against domestic violence, protects human rights right from the family, preserves good traditional cultural values of the Vietnamese family and nation 2.1.2 Characteristics of legal policies on domestic violence prevention and control From the above concepts and interpretations of legal policies on domestic violence prevention and control, as well as from legislative 13 practice and application of laws on domestic violence prevention and control in Vietnam recently, the basic characteristics of legal policies on domestic violence prevention and control can be pointed out as follows: Firstly, Legal policy on domestic violence prevention and control is part of the legal policy of the Vietnamese state Secondly, Legal policies on domestic violence prevention and control contribute to the formation of the social policy system in general, and are the driving force and direction for the movement and development of social processes; From there, it can create positive interactions to promote social development, promote and ensure the basic values and rights of people in society; On the contrary, it can also become an impulse that inhibits social development and the protection of human values, dignity and basic rights Thirdly, Legal policies on domestic violence prevention and control aim to ensure good implementation of the current policy of building a rule-of-law state 2.1.3 Role of legal policies on domestic violence prevention and control in Vietnam 2.1.3.1 Legal policies on domestic violence prevention and control are the basis for promulgating laws on domestic violence prevention and control; 2.1.3.2 Legal policies on domestic violence prevention and control determine principles for handling and conducting domestic violence prevention and control; 2.1.3.3 Legal policies on domestic violence prevention and control play an important role in ensuring the rights and obligations of subjects in domestic violence prevention and control; 2.1.3.4 Legal policies on domestic violence prevention and control play an important role in orienting legal aid, educational support, and raising citizen awareness in domestic violence prevention and control; 14 2.2 Subjects, objects, content of legal policies on domestic violence prevention and control 2.2.1 Subject of legal policy on domestic violence prevention and control in Vietnam The subjects who develop, implement and protect legal policies to prevent and go against domestic violence are understood to be state agencies, competent organizations or people with positions and powers in those agencies or organizations: The Communist Party of Vietnam; The National Assembly of Vietnam; President; Standing Committee of the National Assembly; The Ethnic Council; Congressional Committees; Government; Ministry of Justice; Law Enforcement Agencies; Subjects have the right to take initiatives to develop laws and experts; Local authorities; Mass media; The Vietnamese Fatherland Front, socio-political organizations, social organizations and individual citizens; There are also agencies, organizations and economic entities of different forms of ownership 2.2.2 Subjects of legal policies on domestic violence prevention and control in Vietnam 2.2.2.1 Direct subject of legal policies on domestic violence prevention and control in Vietnam 2.2.2.2 Subjects affected by legal policies on domestic violence prevention and control in Vietnam 2.2.3 Content of legal policies on domestic violence prevention and control in Vietnam 2.2.3.1 Legislative policy on domestic violence prevention and control in Vietnam 2.2.3.2 Policy on implementing the law on domestic violence prevention and control in Vietnam 2.3 Factors affecting legal policies on domestic violence prevention and control 2.3.1 Political factors 2.3.2 Legal factors 2.3.3 Sociocultural factors 15 2.3.4 Economic factors 2.3.5 Qualifications and capacity to develop legal policies and implement legal policies on domestic violence prevention and control 2.3.6 Awareness and responsibility of organizations and individuals, especially people, in complying with legal policies on domestic violence prevention and control CHAPTER CURRENT STATUS OF LEGAL POLICY ON DOMESTIC VIOLENCE PREVENTION AND CONTROL IN VIETNAM 3.1 Current status of domestic violence in Vietnam 3.1.1 General overview of the current situation of domestic violence in Vietnam About forms of violence: Domestic violence that occurs in Vietnam is expressed in many different forms, but mainly manifests itself in the following four forms, such as: mental violence, physical violence, sexual violence, economic violence Among the four basic forms of domestic violence, physical violence is still the most common form of violence, with the highest number of violent incidents compared to the remaining forms of violence About the subject of violence (the person who commits violence): The perpetrator can be anyone in the family, including both men and women However, the perpetrators of violent acts are mainly men According to data compiled from Table 3.2, it shows that: the number of domestic violence cases committed by men in 2017 was 11,336 compared to the number of cases committed by women, which was 1,410 (more than times higher); Although violent incidents by both men and women have tended to decrease over the past 15 years, the number of incidents committed by men in 2021 is 4,337 compared to the number of incidents committed by women which is 439 (9.89 times increase) About victims of domestic violence: including men and women, of all ages, but mainly the weak and vulnerable, and in most cases women, the elderly and children According to data compiled from Table 3.2, it shows that: female victims of domestic violence are many times higher than male 16 victims In 2017, female victims of domestic violence were 10,370 compared to male victims of violence: 1,937 (5.35 times increase) About the type of domestic violence: 96% is violence between husband and wife; Violence between children and elderly parents and between parents and children (adult children or adolescent children) is not many, accounting for about 10%, and 5.3% is a form of violence between other family members (see table 3.3) Consequences of Domestic Violence in Vietnam - Domestic violence affects physical health and mental health - Domestic violence seriously affects the economic status of individuals, families and countries 3.1.2 Current status of victims of domestic violence in Vietnam Victims of domestic violence in Vietnam include both men and women, of all ages, but are still mainly weak and vulnerable members, and in most cases are women, the elderly and young Women account for the highest proportion of victims of domestic violence in Vietnam According to data compiled from Table 3.2, it shows that: female victims of domestic violence are many times higher than male victims In 2017, female victims of domestic violence were 10,370 compared to male victims of violence: 1,937 (5.35 times increase) Results of the 2019 national survey on violence against women in Vietnam (published in 2020) show that nearly out of women (62.9%) have experienced at least one form of violence physical, sexual, mental, economic or controlling behavior caused by husbands/partners in their lifetime and the current rate of violence (in the past 12 months) is 31.6%.[15] 3.1.3 Current status of subjects committing acts of domestic violence and forms of domestic violence In terms of form, domestic violence that occurs in Vietnam is expressed in many different forms, but mainly manifests itself in the following four basic forms: mental violence, physical violence, sexual violence, economic violence Among the four basic forms of domestic violence, physical violence is still the most common form of violence, with 17 the highest number of violent incidents compared to the remaining forms of violence An example shows that in 2017, if the number of sexual violence cases was 433, economic violence cases were 1,084, mental violence cases were 5,171, and physical violence cases were 6,509 Ranked second among the forms of domestic violence is mental violence (see Table 3.2) Also according to statistics (Table 3.3), among domestic violence cases, 96% are violence between husband and wife; Violent cases between children and elderly parents and between parents and children (adult children or adolescent children) are not many, accounting for about 10%, and 5.3% are forms of violence between other family members Table 3.3: Results of surveys on types of domestic violence (Unit: %) Subject causing violence Hanoi Hue Dak Nong In general Violence between husband and 94,0 94,0 100,0 96,0 wife Violence between children and 9,0 18,0 3,0 10,0 elderly parents Violence between parents and 15,0 20,0 1,0 12,0 children Violence among family members 6,0 6,0 4,0 5,3 Total 100 100 100 300 (Source: [15] ) 3.1.4 Consequences of domestic violence in Vietnam The consequences of domestic violence are very serious Domestic violence often leads to the destruction of family stability The above statistics from the Court sector show that, out of 1,384,660 divorce cases that the court has resolved, nearly 1,060,770 cases were caused by domestic violence (accounting for 76.6%) The Justice sector's report also shows that in 2014, more than 31,500 domestic violence cases were conciliated, and in 2015 there were nearly 34,000 domestic violence cases In many cases, although domestic violence does not lead to family breakdown, it is a factor that disrupts family life, and is a direct factor that disrupts the couple's life, creating an oppressive atmosphere in life The family and the people who bear 18 the misfortunes are not only the women but also their children In general, domestic violence is a disaster that causes instability, breaks up families and thereby causes social instability 3.2 Current status of policies to develop laws to prevent and control domestic violence and practice of implementing policies to develop laws to prevent and control domestic violence in Vietnam 3.2.1 Current status of policies to develop laws to prevent and control domestic violence in Vietnam 3.2.2 Practical implementation of policies to develop laws to prevent and control domestic violence in Vietnam 3.3 Current status of policies on implementing laws on prevention and control of domestic violence and practices of implementing policies on adopting laws on prevention and control of domestic violence in Vietnam 3.3.1 Current status of policies on implementing laws on domestic violence prevention and control in Vietnam 3.3.2 Practical implementation of policies to implement laws on domestic violence prevention and control in Vietnam 3.4 General assessment of the current status of legal policies on domestic violence prevention and control in Vietnam First, gaps in knowledge and policy research work Second, gaps in laws and policies Third, gaps in data collection and management Fourth: Facilities to support victims of domestic violence have not been effective or have not been established because of problems with the provisions of the Law on Prevention and Control of Domestic Violence Fifth: Gaps in the Law on Domestic Violence Prevention and Control and other related fields of law Sixth, Gaps in regulations on information and propaganda on domestic violence prevention and control Thus, there are many reasons leading to inadequacies and limitations in legal policies on domestic violence prevention and control in Vietnam, which are 19 policy gaps To overcome and improve, it is necessary to follow each step according to a certain route Chapter VIEWPOINT AND SOLUTIONS TO IMPROVE LEGAL POLICIES ON DOMESTIC VIOLENCE PREVENTION AND CONTROL IN VIETNAM 4.1 Views on perfecting legal policies on domestic violence prevention and control in Vietnam 4.1.1 Completing legal policies on domestic violence prevention and control in Vietnam must fully institutionalize the Party's views and guidelines on domestic violence prevention and control and family development strategies in Vietnam 4.1.2 Completing legal policies on domestic violence prevention and control in Vietnam must aim at building a synchronous, transparent and feasible legal system in preventing and combating domestic violence 4.1.2.1 Attach importance to building a synchronous, transparent and feasible legal system in preventing and combating domestic violence 4.1.2.2 Attach importance to the practical review of the law enforcement organization and the review and systematization of the law in the development and completion of the law on domestic violence prevention and control 4.2 Solutions to complete legal policies on domestic violence prevention and control in Vietnam 4.2.1 Raising awareness of policies and laws on domestic violence prevention and control in Vietnam 4.2.1.1 To strengthen the responsibilities of the State and other actors in the political system for the implementation of legal policies on domestic violence prevention and control Firstly, strengthen the responsibilities of the Party Union, the National Assembly and the Government Party Personnel Committee Secondly, improve the accountability of the agencies of the National Assembly 20 Thirdly, promote the Government's responsibilities in preventing and combating family violence Fourthly, uphold the responsibilities of central ministries and branches Ministries and sectors have the leading responsibility for the implementation of domestic violence prevention and control in general and programs on domestic violence prevention and control in the new situation Fifthly, promote the responsibilities of the Vietnam Fatherland Front and the Vietnam Women's Union 4.2.1.2 Building and consolidating a contingent of cadres, civil servants and collaborators in domestic violence prevention and control Firstly, consolidate and develop the contingent of staff involved in domestic violence prevention and control from the central to grassroots levels Secondly, train and improve the capacity of cadres and civil servants to prevent and combat domestic violence at all levels and the network of grassroots collaborators Thirdly, clearly define the responsibilities of agencies and organizations related to strengthening the contingent of staff working on domestic violence prevention and fighting 4.2.2 Solutions for developing legal policies on domestic violence prevention and control in Vietnam 4.2.2.1 Complete legal policies on domestic violence prevention and control and laws related to domestic violence prevention and control 4.2.2.2 Building the judicial and police systems to implement legal policies on domestic violence prevention and control 4.2.2.3 Develop a database to solve domestic violence problems in accordance with Viet Nam's conditions 4.2.3 Solutions for organizing the implementation of legal policies on preventing and combating domestic violence in Vietnam 4.2.3.1 Promote prevention, raise people's awareness and mobilize community participation in domestic violence prevention and control 21 4.2.3.2 Promote the work of information - propagation, education and guidance on the application of the law on domestic violence prevention and control 4.2.3.3 Strengthen the inspection, supervision and strictly handle violations, promptly reward organizations and individuals for effective implementation of legal policies on domestic violence prevention and control 4.2.4 Solutions to create conditions to ensure the effectiveness of formulation and implementation of legal policies on domestic violence prevention and control in Vietnam 4.2.4.1 Socialize domestic violence prevention and control in association with socio-economic development goals 4.2.4.2 Ensuring compliance with international treaties and commitments to which Vietnam is a party and strengthening international cooperation on domestic violience prevention and control GENERAL CONCLUSION Domestic violence causes serious consequences for victims and family members, affects family happiness, causes economic loss; causes social disorder, and it is the seed of crime and social evils, reduces labor, and hinders social development and progress Therefore, domestic violence prevention and control have important significance in ensuring human rights, life, health, honor and dignity of family members; ensure the healthy development of children; ensure happiness and peace in each family as well as ensure social order and safety However, domestic violence prevention and control are not the tasks of a single subject but the responsibility of each citizen, each family, state agencies and the entire society The task of domestic violence prevention and control can only achieve good results when there is a crowded participation of all social strata with a system of diverse measures, in particular, there must be a system of viewpoints, appropriate and timely 22 guidelines, policies, and directions to ensure that each step is appropriate, both tactic and strategic in certain conditions and circumstances Legal policies on domestic violence prevention and control are especially meaningful in socio-political and legal aspects, as well as important scientific and practical significance Through a meticulous research process, the dissertation has strengthened scientific and practical arguments affirming the position, role and importance of legal policies on domestic violence prevention and control in efficiently managing domestic violence issue, ensuring human rights, meeting the requirements of gender equality, social justice, security and order towards the goals of building happy families and sustainably developing the economy and society of the country To help the work of domestic violence prevention and control meet the requirements of international integration, the dissertation has achieved the set goals: Firstly, a general overview of the research situation has identified the research framework of topic of legal policies on domestic violence prevention and control in Vietnam, which has basically summarized the research results of Vietnam and some research results of the world on domestic violence prevention and control to serve as a theoretical and practical basis for the research of the dissertation Secondly, systematizing the theoretical basis of legal policies on domestic violence prevention and control, clarifying basic contents: concepts, features, and roles of legal policies on domestic violence prevention and control in Vietnam; subjects, objects, and contents of legal policies on domestic violence prevention and control in Vietnam; factors affecting legal policies on domestic violence prevention and control in Vietnam Thirdly, an overview of the real situation of domestic violence prevention and domestic violence prevention and control in Vietnam at present Clearly stating and analyzing legal policies and implementation of policies on domestic violence prevention and control in Vietnam On the basis of the real situation of legal policies on domestic violence prevention 23 and control as a basis for the author to propose viewpoints and solutions to improve legal policies on domestic violence prevention and control in Vietnam Fourthly, further offering viewpoints and solutions to improve legal policies on domestic violence prevention and control in Vietnam; including viewpoints: the improvement of legal policies on domestic violence prevention and control in Vietnam must aim at fully institutionalizing the viewpoints and guidelines of the Party on domestic violence prevention and control and strategies of Vietnamese family development; aim at building a synchronous, transparent and feasible legal system in domestic violence prevention and control The thesis has proposed 04 feasible solutions to improve the effectiveness and efficiency in building a legal framework and interdisciplinary mechanism and policy in legal policies on domestic violence prevention and control, specifically: Raising awareness of legal policies on domestic violence prevention and control in Vietnam; developing legal policies on domestic violence prevention and control in Vietnam completely and synchronically; organizing the implementation of legal policies on domestic violence prevention and control in Vietnam; creating conditions to ensure the efficiency of developing and implementing legal policies on domestic violence prevention and control in Vietnam In particular, in organizing and implementing solutions, the prevention must always be the main point, raising people’s awareness and mobilizing the participation of all people in the work of domestic violence prevention and control Unifying awareness of efficient prevention and control of domestic violence can ensure the sustainable development requirements of the country./ 24