Vietnam: Domestic violence, including legislation, state protection and support services (2011-December 2015)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

Sources state that domestic violence in Vietnam is common (Hagar International n.d., 7; US 25 June 2015, 33). Freedom House similarly states that "many women are victims of domestic violence" (Freedom House 2014). In their submission to the UN Committee on the Elimination of Discrimination Against Women (CEDAW), Vietnamese authorities state that domestic violence is more common in rural areas (Vietnam 13 Dec. 2014, para. 256).

The US Department of State's Country Reports on Human Rights Practices for 2014, citing a report issued by Vietnam's Ministry of Culture, Sports and Tourism, indicates that between 2009 and mid-2013 there were 192,000 documented cases of domestic violence, 136,700 of which were cases of violence primarily against female spouses (US 25 June 2015, 33). The same source reports that during the first six months of 2013, there were 10,850 domestic violence cases affecting girls and women between the ages of 16 and 59 years old (ibid.). According to a national study conducted by the General Statistics Office of the Vietnamese government between December 2009 and February 2010 [1], 32 percent of "ever-married" women reported having experienced physical violence in their lifetime, with 6 percent having experienced physical violence within the 12 months preceding the survey (Vietnam 2010, 11, 15). The same source reports that 10 percent of ever-married women had experienced sexual violence in their lifetime, with 4 percent having experienced sexual violence in the 12 months preceding the survey (ibid., 16). In addition, the survey found that "58 percent of women reported having ever experienced at least one of the three types of violence: physical, sexual and emotional" (ibid., 18).

Sources state that victims are reluctant to report domestic violence due to social stigma (UN 2014, 37; US 25 2015, 33) and fear of harassment by a spouse or by family members (ibid.). Hagar International, a Swiss-based organisation that "operates commercial and non-profit entities," focused on rebuilding the lives of women and children "who suffer extreme human rights abuses" (Hagar International n.d.a), states that "[v]iolence is often seen as the fault of the women, with a strong reluctance from families and the community to intervene" (Hagar International n.d.b, 3). According to the national domestic violence survey, half of all women who had been abused by their husbands "never told anybody about the violence before the interview," and 87 percent never sought help from "formal services or people in authority" (Vietnam 2010, 24-25). The study found that domestic violence victims who did seek help, usually as a result of severe violence, most commonly turned to "local leaders" who view domestic violence as "a family issue" (ibid., 25).

A 2014 discussion paper on domestic violence in Vietnam, produced by UN Vietnam, states that the use of civil procedures instead of criminal procedures, and the "'Happy Family' ideology [2] place a strong emphasis on reconciliation within the family" (UN 2014, 30).

2. Legislation

Sources state that in 2007, Vietnam adopted the Law on Domestic Violence Prevention and Control (Asia Life 16 May 2013; Vietnam Mar. 2013, 2; UN Nov. 2012, 7). Article 1 of the Law defines domestic violence as "'[p]urposeful acts of certain family members that cause or may possibly cause physical, mental or economic injuries to other family members" (Vietnam 2007). Article 2 provides the following definition of acts of domestic violence:

Article 2. Domestic violence acts

The acts of domestic violence consist of:

Corporal beating, ill-treating, torturing or other purposeful acts causing injuries to one's health and life;

Insulting or other intended acts meant to offend one's human pride, honour and dignity;

Isolating, shunning or creating constant psychological pressure on other family members, causing serious consequences;

Preventing the exercise of the legal rights and obligations in the relationship between grandparents and grand children, between parents and children, between husbands and wives as well as among brothers and sisters[;]

Forced sex;

Forced child marriage; forced marriage or divorce and obstruction to freewill and progressive marriage[;]

Appropriating, demolishing, destroying or other purposeful acts to damage the private properties of other family members, or the shared properties of family members;

Forcing other family members to overwork or to contribute more earning than they can afford; controlling other family members' incomes to make them financially dependent; [and]

Conducting unlawful acts to turn other family members out of their domicile.

The violent acts stipulated in paragragh 1 of this Article shall also be applicable to family members in cases of divorcees or living together as husband and wife without marriage registration.

…

Article 42. Dealing with the domestic violence committing person

The domestic violence committing person, depending on the severity of the violation, shall either be fined as [a] civil violation, disciplined or charged for criminal penalty and have to compensate for any damages caused. (Vietnam 2007)

According to Country Reports 2014, the law prohibits the use or threat of violence against women as well as "rape, including spousal rape" (US 25 June 2015, 32). In contrast, according to a 2015 UN CEDAW report on Vietnam, there is an "absence of legal provisions explicitly criminalizing marital rape" (UN 24 July 2015, para. 18). According to Country Reports 2014, "[a]uthorities prosecuted rape cases fully, but the government did not release arrest, prosecution, conviction or punishment statistics" related to rape cases (US 25 June 2015, 32).

3. State Protection

According to Country Reports 2014, domestic violence in Vietnam is treated as a "civil case, unless the victim suffered injuries involving more than 11 percent of the body" (US 25 June 2015, 33). The 2014 UN discussion paper similarly states that

only in incidents of severe physical violence considered to incur an infirmity rate of 31% or more and certified by a doctor, are treated through State-initiated criminal procedures, with other violence addressed through civil and administrative procedures or women-initiated criminal procedures. (UN 2014, 30)

Country Reports 2014 states that the police and judiciary "generally remained unequipped to deal with cases of domestic violence"; however, the government and NGOs "continued to train police, lawyers and legal system officials in the law" (US 25 June 2015, 33). A 2012 study on domestic violence prevention in Vietnam by the UN Population Fund (UNFPA) states that "local authorities, health care providers, police officers, legal professionals and members of mass organizations have limited knowledge" of domestic violence (UN 2012, 12). Sources state that police in Vietnam do not take domestic violence "seriously" (ibid., 23; Kwiatkowski 2013, 61). According to sources, the law on domestic violence allows community leaders to issue a "forbidden contact order," though it had not been implemented in practice (UN 2012, 22; Institute for Studies of Society, Economy and Environment Oct. 2010, 50). The 2007 Vietnamese Law on Domestic Violence Prevention and Control provides the following on forbidden contact:

Article 20. Contact forbidden upon decision of the Chairperson of the commune People's Committee

The commune People's Committee at the site of domestic violence can decide to apply the measure of forbidding contact for no longer than three days when meeting the following conditions:

There is a written request from the victim of domestic violence, the custodian or the legal representative of the relevant organization/agency. In case of the institution, organization of authority request, it must be agreed by the victim of domestic violence,

Domestic violence acts cause or threaten to cause serious physical injury to health or life of the victim of domestic violence[,]

The domestic violence victim and the violence committing person are living at different domiciles at the time of contact[.]

…

Article 21. Forbidding contact upon decision of the court

In collecting evidence or processing civil case between the victim of domestic violence and the person conducting violent acts, the courts shall have the authority to forbid the person committing violent acts to contact the victim of domestic violence for no longer than 4 months when having sufficient conditions as following:

Written request from the victims of domestic violence, the custodian or the legal representative or the authorized institution/organization. In case the authorized institution/organization requests, they must be agreed to by the victim of domestic violence,

The domestic violence causing physical damages or threatening to cause serious injury to the health and life of the victim of domestic violence[,]

The violence committing person and the victim are not living in the same domicile during the forbidden contact duration. (Vietnam 2007)

Country Reports 2014 states that the punishment for those convicted of domestic violence ranges from "warnings and probation up to imprisonment for three months to three years" (US 25 June 2015, 33). Sources state that monetary fines may also be used as punishment for domestic violence offences (Kwiatkowski 2013, 60; UN 2012, 22). The 2012 UNFPA report states that fines are ineffective and may be counterproductive "because survivors end up paying the fines for their violent husbands" (ibid.). According to Country Reports 2014, the Vietnamese government has not released "arrest, prosecution, conviction or punishment statistics" related to domestic violence cases (ibid.). CEDAW expressed concern about "the low rate of reporting and conviction of perpetrators of violence against women" (UN 24 July 2015, para. 18).

4. Support Services

According to sources, NGOs operate hotlines for victims of domestic violence (Asian Network of Women's Shelters n.d.b; US 25 June 2015, 33). Country Reports 2014 states that the Center for Women and Development, with support from the VietnamWomen's Union [3], operates a national hotline, though it is not widely advertised in rural areas (ibid.). According to the Asian Network of Women's Shelters, an advocacy and capacity-building organisation (Asian Network of Women's Shelters n.d.a), the Center for Studies and Applied Sciences in Gender - Family - Women and Adolescent (CSAGA), an NGO that was established in 2001 and focuses on the rights of women and children, operates six counselling hotlines in Vietnam that address domestic violence, human trafficking, and lesbian rights protection (Asian Network of Women's Shelters n.d.b).

Country Reports 2014 states that in rural areas that lack the resources to provide crisis centres and hotlines, there are 300 "'reliable residences'," established by the Vietnam Women's Union, which "allow women to turn to another family while local authorities and community leaders attempt to confront the alleged abuser and resolve complaints" (US 25 June 2015, 33). The 2012 UNFPA report similarly states that there are "trusted addresses," organized by the Vietnam Women's Union, which are private homes that women can go to if they are unable to seek shelter elsewhere (UN 2012, 20). The same source states that such arrangements may not be feasible when a woman requires shelter for more than a few days, due to costs and safety concerns of the woman and the host family (ibid., 22). In addition, the report notes that there is "no criteria…applied to identify a trusted address and the owners have not been trained to provide protection, counselling or professional support" (UN 2012, 22).

According to sources, there are "Peace Houses" that provide shelter and teach life skills to survivors of domestic violence (Asian Life Magazine 16 May 2013; Vietnam 13 Dec. 2014, 22; Vietnam Women's Union 13 June 2013, 6). In their report to CEDAW, the Government of Vietnam states that there are 10 shelters across the country where "women and girls can access health-care services, counselling, education, vocational training and training of necessary life skills" (Vietnam 13 Dec. 2014, 68). The same source states that between March 2007 and January 2013, "shelters of the Centre for Women and Development of the Viet Nam Women's Union [had] provided shelter for 149 victims of domestic violence" (Vietnam 13 Dec. 2014, 68). In their 2013 submission to the UN Universal Periodic Review for Vietnam, the Vietnam Women's Union states that between 2007 and March 2013, the model "Peace House" provided 3,719 counseling sessions, and that 238 residents "received comprehensive support for reintegration" (Vietnam Women's Union 13 June 2013, 6). In 2013, Asia Life Vietnam reported that Hanoi "has an official shelter for battered women," though the whereabouts of the "Peace House" is kept secret for security reasons (Asia Life Vietnam 16 May 2013). Information on where the other Peace Houses are located, as well as the criteria for accessing accommodation at a Peace House could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Asia Life Vietnam reports that women fleeing from domestic violence can also seek shelters at "Buddhist pagodas [temples]," though these are "ad hoc setups," and when a woman seeks shelter at a pagoda, the "police aren't called and they aren't taken to a doctor or hospital" (ibid.). Corroborating information on the use of Buddhist temples as temporary shelters could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, there are local reconciliation groups that assist individuals in reaching agreements related to conflicts, including in cases of domestic violence (Kwiatkowski 2013, 53; UN 2012, 20-21). The 2012 UNFPA report states that members of the reconciliation teams are volunteers that are not specifically trained in counselling and "provide advice based solely on their personal knowledge and life experience…[and] often advise women to keep silent and stay with their husband" (UN 2012, 22). An academic article published in the International Journal of Intercultural Research states that members of reconciliation committees "stressed the importance of reconciling the couple as the main priority of their work, in order to avoid divorce and the anticipated social problems for children of divorced parents" (Kwiatkowski 2013, 61). A graduate thesis posted on the Lund University Faculty of Law website similarly states that the Women's Union provides "'reconciliation programs'" that aim to "'heal the family happiness'" (Johansson 2014, 67). CEDAW states that the "frequent use of reconciliation and mediation for dispute resolution," including in cases of domestic violence, disadvantages women and limits their "access to justice and remedies" (UN 24 July 2015, para. 10).

Sources describe the services available to domestic violence survivors as "underdeveloped" (Hagar International n.d.b, 3) and "inconsistent" (UN 2014, 45). CEDAW expressed concern about "[t]he inadequacy of victim assistance and rehabilitation services" for women who are victims of violence (UN 24 July 2015, para. 18).

CEDAW reports that women have limited access to legal aid, as it is not free of charge when the household income is above the poverty line, "even if they do not have access to household income and/or are survivors of domestic violence" (ibid.). Viêt Nam News, a national English daily newspaper, reports that legal aid is provided by state-owned centres in 63 provinces, as well as various firms and NGOs, however "the gaps in the system are profound" (Viêt Nam News 1 June 2013). The same source cites the director of the Ministry of Justice's Department for Legal Aid, as stating that there are "158 communes in 28 poor districts with a poverty rate of 35-40 percent [that] do not receive state funding for legal assistance" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The study was conducted with support from the UN and World Health Organization (WHO) and involved interviews throughout the country with 4,838 women between the ages of 18 and 60 (Vietnam 2010, 11).

[2] According to a graduate thesis for the Lund University Faculty of Law, the "Civilised and Happy Family" campaign in Vietnam, which was initiated in the mid-1990s by the Vietnam Women's Union, views the building of a happy family as "the duty of women," and in situations of domestic violence places the "'healing' responsibility on the victim, rather than on the perpetrator" (Johansson, 2014, 64, 67).

[3] The Vietnam Women's Union (VWU) is a "socio-political organization" that represents the "rights and interests of Vietnamese women" (Vietnam Women's Union 13 June 2013). According to Namati, an organisation that partners with civil society organisations and governments to provide legal assistance (Namati n.d.a), the VWU was established in 1930, has a network that operates at the central, provincial, district and commune levels, and has over 13 million members that belong to over ten thousand local women's union groups in communes and towns across the country (ibid. n.d.b).

References

Asia Life Vietnam. 16 May 2013. "Domestic Violence in Vietnam." [Accessed 20 Nov. 2015]

Asian Network of Women's Shelters. N.d.a. "Objectives." [Accessed 26 Nov. 2015]

_____. N.d.b. "CSAGA, Vietnam." [Accessed 26 Nov. 2015]

Freedom House. 2014. "Vietnam." Freedom in the World 2014. [Accessed 19 Nov. 2015]

Hagar International. N.d.a. "Mission." [Accessed 26 Nov. 2015]

_____. N.d.b. "Whatever it Takes for as Long as it Takes." [Accessed 19 Nov. 2015]

Institute for Studies of Society, Economy and Environment (iSEE). October 2010. Assessment on the Access to and Utilization of Legal Services by Ethnic Minority Women. [Accessed 26 Nov. 2015]

Johanasson, Emma. 2014. Lund University, Faculty of Law. A Cultured and Happy Family: A Minor Field Study on the Correlation Between the Implementation of the Vietnamese Family Planning Policy and the Prevalence of Son Preference. [Accessed 7 Dec. 2015]

Kwiatowski, Lynn. 2013. "Domestic Violence, Ethnic Diversity, and Political and Economic Change in an Upland Community of Vietnam." Alterstice International Journal of Intercultural Research. Vol. 3. No.2. [Accessed 26 Nov. 2015]

Namati. N.d.a. "Our Mission." [Accessed 10 Dec. 2015]

_____. N.d.b. "Vietnam Women's Union." [Accessed 10 Dec. 2015]

United Nations (UN). 24 July 2015. Committee on the Elimination of Discrimination Against Women (CEDAW). Concluding Observations on the Combined Seventh and Eigth Periodic Report of Viet Nam. [Accessed 23 Nov. 2015]

_____. 2014. United Nations Viet Nam. From Domestic Violence to Gender-Based Violence: Connecting the Dots in Viet Nam. [Accessed 25 Nov. 2015]

_____. November 2012. United Nations Population Agency (UNFPA). Domestic Violence Prevention and Response in Viet Nam. [Accessed 24 Nov. 2015]

United States (US). 25 June 2015. "Vietnam." Country Reports on Human Rights Practices for 2014. [Accessed 20 Nov. 2015]

Vietnam. 13 December 2014. Consideration of Reports Submitted by States Parties Under Article 18 of the Convention. [Accessed 20 Nov. 2015]

_____. March 2013. Statement of Vietnamese Delegation at the 57th Session of the Commission on the Status of Women. [Accessed 23 Nov. 2015]

_____. 2010. General Statistics Office of Viet Nam. Results from the National Study on Domestic Violence Against Women in Viet Nam. Summary Report. [Accessed 7 Dec. 2015]

_____. 2007. Law on Domestic Violence Prevention and Control. [Accessed 23 Nov. 2015]

Viêt Nam News. 1 June 2013. "Free Legal Assistance Fails to Cover Everyone." [Accessed 26 Nov. 2015]

Vietnam Women's Union. 13 June 2013. Report on Ensuring and Promoting Women's Rights. [Accessed 23 Nov. 2015]

Additional Sources Consulted

Oral sources: Asian Pacific Institute on Gender-Based Violence; Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ); Hagar International; Institute for Reproductive and Family Health; Institute for Social Development Studies

Internet sites, including: Amnesty International; The Asia Foundation; Asian Pacific Institute on Gender-Based Violence; ecoi.net; Factiva; Human Rights Watch; Institute for Reproductive and Family Health; Institute for Social Development Studies; Our Bodies, Our Selves; The Shelter Collection; Vietnam- Ministry of Culture, Sport and Tourism, The National Committee for the Advancement of Women in Viet Nam; Vietnams Women's Union; The Voice of Vietnam; United Nations - Refworld.