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Law 02/2007/qh12: Family Violence Prevention

Original Language Title: Luật 02/2007/QH12: Phòng, chống bạo lực gia đình

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The LAW on prevention of domestic violence _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on prevention of domestic violence.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This law regulates family violence prevention, protection and support for victims of domestic violence; responsibilities of individuals, families, agencies, held in family violence prevention and handling of breaking the law on prevention of domestic violence.
2. family violence is intentional behavior of family members or likely harm physically, mentally, for other family members.
Article 2. The acts of domestic violence 1. The acts of domestic violence include: a) torture, mistreatment, beatings or other acts of intentional harm to health, computer network;
b) insult or offend other intentional acts of honour, dignity;
c) isolate, repel or pressured psychological often cause serious consequences;
d) prevents the exercise of rights, obligations in family relationships between Mr., Ms. and I; between parents and children; between husband and wife; between him, the siblings together;
DD) forced sexual relations;
e) algae forced marriage; forced marriage, divorce or obstruct marriage voluntarily, progress;
g) appropriation, destroy, breaks or other intentional acts damaging the property of another Member of the family or the common property of the family members;
h) forced labour, family members, financial contribution too of their capabilities; to control the income of family members in order to create financial dependency status;
I) unlawful behavior forced the family members out of the accommodation. 2. Violent behavior prescribed in paragraph 1 of this article are also applicable to family members spouse divorced or male, females do not register the marriage that living together as husband and wife.
Article 3. The principle of prevention of family violence 1. Combine and synchronous measures to prevention of family violence, taking precautions is the main focus, the propaganda, education, family counseling, reconciliation consistent with cultural traditions, customs, customs of peoples of Vietnam.
2. family violence behavior is detected, prevented and processed promptly under the provisions of the law.
3. family violence victims are protected, timely assistance consistent with their circumstances, conditions and socio-economic conditions of the country; priority to protect the rights, legitimate interests of children, elderly people, disabled people and women.
4. Promote the role, the responsibility of the individual, family, community, authority, organization in the prevention of family violence.
Article 4. Obligations of the domestic violence acts 1. Respect the legal intervention of the community; immediately terminate the violent behavior.
2. Accept the decision of the Agency, the competent organization.
3. Promptly put the emergency victims, treatment; the care of victims of domestic violence, unless the victim refused.
4. Compensation for victims of domestic violence when required and in accordance with the law.
Article 5. The rights and obligations of victims of family violence 1. Domestic violence victim has the following rights: a) asked the Agency, organization, who has the authority to protect the health, life, dignity, rights and legitimate interests of themselves;
b) requires that agencies, authority to apply measures to prevent, protect, all exposed under the provisions of this law;
c) provided medical services, psychological counseling, law;
d) getaway, be kept secret about the getaway and other information according to the provisions of this law;
DD) other rights prescribed by law.
2. Victims of domestic violence is obliged to provide information related to family violence for agencies, organizations, authorized person when required.
Article 6. The State's policy on prevention of family violence 1. Every year, the State budget layout for the prevention of family violence.
2. Encourages the agencies, organizations, individuals, funding for family violence prevention; develop models to prevent domestic violence and support victims of domestic violence.
3. Encourage the study, composed of art, literature on prevention of domestic violence.
4. organizations, support the fostering of cadres working on family violence prevention.
5. People directly involved in the prevention of family violence that the achievements are rewarded, if damage to life, health and property shall be entitled to the mode specified by the law.
Article 7. International cooperation on prevention of family violence 1. The State encourages international cooperation on prevention of family violence on the principles of equality, respect for sovereignty, in accordance with the law of Vietnam and international law.
2. The content of international cooperation include: a) to build and execute the program, project, activity on prevention of domestic violence;
b) join the international organization; signing, joining and implementing international treaties, international agreement on prevention of domestic violence;
c) to exchange information and experience on the prevention of family violence.
Article 8. The prohibited acts 1. The acts of domestic violence as defined in article 2 of this law.
2. Coercion, incitement, instigated, help others to perform acts of domestic violence.
3. Use, to spread information, images, sounds, aims to provoke domestic violence.
4. Revenge, threatening revenge on people who help victims of domestic violence, people detection, notification, prevent domestic violence.
5. Obstruct the detection, reporting and handling acts of domestic violence.
6. Taking advantage of active prevention of family violence to the shaft or made unlawful activities.
7. Tolerate, cover, not the handle, the handle is not the correct provisions of the law against acts of domestic violence.
Chapter II PREVENTION of FAMILY VIOLENCE section 1 INFORMATION, advocacy on prevention of FAMILY VIOLENCE article 9. The purpose and requirements of information, propaganda on the prevention of family violence 1. Information, advocacy on prevention of domestic violence aimed at changing perceptions, behavior on family violence, to contribute towards the Elimination of domestic violence and raise awareness about the fine traditions of the human family, Vietnam.
2. advocacy, information about family violence prevention must ensure the following requirements: a) precise, clear, simple, practical;
b) match each object, level, age, gender, culture, tradition, religion, ethnic identity;
c) do not affect gender equality, honor, dignity, reputation of the victim of domestic violence and other family members.
Article 10. Content information, advocacy on prevention of family violence 1. Policy, the law on prevention of domestic violence, gender equality, rights and obligations of family members.
2. the fine traditions of the human family, Vietnam.
3. Harmful effects of family violence.
4. The measures, models, experience in the prevention of family violence.
5. Knowledge about marriage and family; behavior skills, build the cultural family.
6. Other content relevant to the prevention of family violence.
Article 11. Forms of propaganda, information about prevention of family violence 1. Made directly.
2. Through the mass media.
3. Integrating teaching, learning at the institution in the national education system.
4. Through literature, art, community and the kind of mass culture.
Section 2 RECONCILIATION of CONTRADICTIONS, DISPUTES BETWEEN FAMILY MEMBERS article 12. The principle of reconciliation of contradictions, disputes between family members 1. Timely, proactive, perseverance.
2. Consistent with the party's policy guidelines, policy, State of law, morals and good customs, customs of Vietnam.
3. Respect the voluntary conduct of the parties.
4. Objective, justice, right, have sex.
5. Keep confidential information private life of the parties.
6. Respect for the rights, legitimate interests of others; not infringe the interests of the State, the public interest.
7. Do not reconcile the contradictions, disputes between family members as defined in article 14 and article 15 of this law in the following cases: a) in the case of criminal offences, unless the victim requests not handled under the provisions of the criminal law;
b) incidents in violation of the law be dealt with administratively.
Article 13. Reconciliation of contradictions, family disputes, family responsible conduct timely detection and reconciliation of contradictions, disputes between family members.
Family cases not settled are or have requested by family members, then the head or who have credibility in their line of active mediation or invite people in the prestigious residential community mediation.
Article 14. Reconciliation of contradictions, disputes caused by the agency or organization to conduct Agency, the organization responsible for the mediation of contradictions, disputes between the agencies, their organisation with members of their families when required of family members; where necessary, the cooperation with the authorities, local organizations to conduct the mediation.
Article 15. Reconciliation of contradictions, disputes mediation organization in basis of conduct 1. The nest of mediation in the basis to conduct the mediation of contradictions, disputes between family members according to the provisions of the law on mediation in the base.
2. the people's Committee of the communes, wards and towns (hereinafter referred to as the people's Social Committee) is responsible for coordination with the Vietnam Fatherland Front Committee of the same level and the Member organization guide, help, create conditions for the Organization of mediation in the base implementation of mediation in conflict , disputes between family members.
Category 3 advice, suggestions and criticisms in the COMMUNITY ABOUT FAMILY VIOLENCE PREVENTION article 16. Advice on family in the base 1. The State facilitates and encourages the organizations and individuals who conduct consulting activities on families at the grassroots for members in the community to prevent family violence.

2. family counselling at the base include the following content: a) to provide information, knowledge, the law on marriage, the family and family violence prevention;
b) guide the behavior skills in the family; skill to behave when there are conflicts, disputes between family members.
3. The family counselling in the facility focuses on the following subjects: a) the domestic violence act;
b) family violence victims;
c) alcohol, drugs, gambling;
d) Who prepare to marry.
4. the people's Committee of social coordinated with the Vietnam Fatherland Front Committee of the same level and the Member organization guide and facilitate family counselling activities in the facility.
Article 17. Suggestions and criticisms in the community 1. Suggestions, criticism in residential communities are applicable to persons from 16 years old to have the family acts of violence was mediation in the basis of reconciliation that has continued the family acts of violence.
2. Major villages, a hamlet, phum, care, the head of the locality or the equivalent unit head (hereinafter referred to as the head of the community) and the decision to organize the suggestions and criticisms in the community. Participation suggestions, criticisms include representatives of families, households and other components due to the head of the community.
3. the people's Committee of social responsibility to help create conditions for the head of the Organization of community suggestions, criticism in residential community for the acts of domestic violence.
Chapter III PROTECTION and SUPPORT for VICTIMS of DOMESTIC VIOLENCE section 1 PROTECTION MEASURES, SUPPORT for VICTIMS of DOMESTIC VIOLENCE to article 18. The discovery, reported the news about the family violence 1. The detection of domestic violence must promptly notify the nearest police agency or social people's Committee or the head of a residential community where violence occurs, except in the case provided for in paragraph 3 to article 23 and paragraph 4 to article 29 of this law.
2. public security organs, the people's Committee of social or community heads when discovered or reports about domestic violence is responsible for timely processing or recommendations, request bodies, competent people handling; keep secrets about themselves and in case of necessary measures to protect the person who discovered, informed about family violence.
Article 19. Preventive measures, protection 1. Measures to prevent, protect, apply promptly to protect domestic violence victims, ending family violence behavior, minimize the consequences of the acts of violence perpetrated, including: a) Forced to terminate immediately the family violent behaviour;
b) aid victims of domestic violence;
c) The preventive measures prescribed by the law on the handling of administrative violations or laws on criminal proceedings for acts of domestic violence;
d) Prohibits the acts of domestic violence victims to near; use your phone or other media to have violent behavior with the victim (hereinafter referred to as the result of exposure).
2. At the place where domestic violence occurs depending on the nature and extent of violent behavior and his ability is responsible for implementing the measures specified in point a and point b of paragraph 1 of this Article.
3. jurisdiction, applicable conditions, change, cancel the measures specified in point c paragraph 1 of this article is made according to the provisions of the law on handling administrative violations or criminal legislation.
4. The application of the measures stipulated in paragraph 1 d this is done according to the provisions of article 20 and article 21 of this law.
Article 20. Prohibition of exposure according to the decision of the President of the people's Committee of social 1. Chairman of people's Committee of social level where domestic violence occurs decided to adopt measures prohibiting exposure within a period not exceeding 3 days when the following conditions: a) has a petition of family violence victims, guardians or legal representatives or the competent organizations; the case Agency, authorized institutions have to petition to have the consent of the victim of domestic violence;
 b) family violence acts harm or threatened harm to the health or threaten the lives of victims of domestic violence;
c) Who have violent behaviour of families and victims of domestic violence shelter in the forbidden time exposure.
2. At the latest within 12 hours from the receipt of the petition, the President of the people's Committee of social consideration, decided to adopt measures prohibiting exposure; the absence of a decision it must inform, in writing and stating the reason for the request to know.
The decision prohibits exposure take effect immediately after the signing and be sent to the person who has the family acts of violence, victims of domestic violence, the head of the residential community of residence of victims of family violence.
3. The President of the people's Committee issued decision were forbidden to contact to cancel that decision when the petition of the victim of domestic violence or when this measure is no longer necessary.
4. In case the family funeral, wedding or other special cases that the there is family violence behavior and family violence victims to contact the family violence behavior must report to the head of the residential community of residence of victims of family violence.
5. The family violence behavior violated the prohibition decision of exposure may be administrative custody, sanctioning administrative violations.
6. The Government specifies the application, cancel the prohibition measures of exposure and the handling of the domestic violence acts violating the prohibition decision of exposure prescribed in this article.
Article 21. Prohibition of exposure according to the decision of the Court 1. The courts are accepting or resolve the civil case between victims of domestic violence and family violence have decided to adopt measures prohibiting exposure within a period not exceeding 3 months when the following conditions: a) has a petition of victims of domestic violence , guardian or legal representative or the Agency, the competent organizations; the case Agency, authorized institutions have to petition to have the consent of the victim of domestic violence;
b) family violence acts harm or threatened harm to the health or threaten the lives of victims of domestic violence;
c) Who have violent behaviour of families and victims of domestic violence shelter in the forbidden time exposure.
2. Decides to prohibit the exposure effect immediately after the signing and be sent to the person who has the family acts of violence, victims of domestic violence, the President of the people's Committee of social, head of community residence of victims of family violence and the people's Procuratorate at the same level.
3. People's courts have a decision prohibiting exposure to cancel that decision when the petition of the victim of domestic violence or when this measure is no longer necessary.
4. In case the family funeral, wedding or other special cases that the violent behavior of families and victims to contact the family violence behavior must report to the head of the residential community of residence of victims of family violence.
5. Competence, order and procedures apply, change, cancel the measure prohibiting exposure regulation in this made similar provisions of the law of civil proceedings on provisional measures.
Article 22. Monitoring the implementation of the decision prohibiting exposure 1. Upon receiving the decision prohibits exposure of the people's Committee Chairman granted the commune or a Court of competent jurisdiction, then the head of residential community in collaboration with the relevant organizations at the grassroots to assign people to supervise the implementation of the decision prohibiting exposure.
2. Who was assigned to monitor has the following duties: a) to track the implementation of the decision banning contact between the violent behavior of families and victims; the case discovered the violent behavior of families exposed to family violence victims, then ask the family violence behavior made the decision strictly prohibit exposure;
b) where people have family still acts of violence deliberately exposed the victim who was assigned to monitor the report to the head of the community to take measures to force the family acts of violence cease his behavior.
3. in the case of family violence have been in contact with victims of domestic violence as defined in paragraph 4 to article 20 and article 21 paragraph 4 of this law, the family members are responsible for monitoring to ensure that does not happen to family violence.
Article 23. The care of victims of domestic violence at the base hospital, cure 1. When the examination and treatment in medical establishments, healing, family violence victims confirmed the visit and treatment if required.
2. Fees for the medical examination and treatment for victims of domestic violence by the health insurance Fund to pay for health insurance.
3. Medical personnel when performing their duties is responsible for keeping secret information on victims of domestic violence; cases of violent behavior detection of signs of the crime family to notify the head of the base doctor, healing to tell the police where the closest.
Article 24. Advice for victims of family violence 1. Family violence victims consulted about health, behavior, family law and psychology to address family violence.
2. The base doctor, healing, the basis of social protection, the basis of support for victims of domestic violence, advice on the prevention of family violence, individual or organization specified in articles 27, 28, 29 and 30 of this Act within the scope of his duties, function is responsible for performing the appropriate counselling for victims of domestic violence.
Article 25. Emergency support essential needs of people's Social Committee coordinated with the Vietnam Fatherland Front Committee of the same level and the Member organizations, other social organizations at the local and grassroots support to victims of domestic violence emergency support the essential needs for family violence victims in case of need.
Section 2 the BASIS HELP to VICTIMS of DOMESTIC VIOLENCE to article 26. The base help domestic violence victims

1. The basis of help to victims of domestic violence is where health care, counseling, support, tentatively the other necessary conditions for victims of domestic violence.
2. The basis of help to victims of domestic violence include: a) the base doctor, healing;
b) the basis of social protection;
c) basis to support victims of domestic violence;
d) base advice on the prevention of family violence;
DD) place in the community.
3. detailed regulations and Government guidance of victim assistance activities the basis help victims of domestic violence.
Article 27. The base doctor, cure 1. The base doctor, cure health care implementation according to the provisions of article 23 of this law and advice on health.
2. The base doctor, healing of the State, in addition to the implementation of the provisions of paragraph 1 of this article, depending on the ability and practical terms, arranged getaway for family violence victims in less than a day at the request of the victim of domestic violence.
Article 28. The basis of social protection social protection establishments do care, psychological counseling, arranged getaway and support the other necessary conditions for victims of domestic violence.
Article 29. The basis of support for victims of domestic violence and advice on the prevention of family violence 1. The State encourages and facilitates the Organization, individuals involved in establishing the basis of support for victims of domestic violence, advice on the prevention of family violence; funding support for some of the support base, base advice on the prevention of family violence under the program, plan on prevention of domestic violence; funding support, the object is supported by the Government.
2. According to the regulations or its mission, functions, facilities to support victims of domestic violence, advice on family violence prevention is to provide advisory services on legislation, health care, psychology, arranged getaway and other necessary conditions for victims of domestic violence.
3. The basis of support for victims of domestic violence, advice on the prevention of family violence must have the following conditions: a) Has the facilities and manpower expertise consistent with active content help to victims of domestic violence;
b) Has secured financing costs for activities help victims of domestic violence.
4. Counsellors must have good moral qualities and ensure professional requirements according to the provisions of the law with regard to the field of counseling. In the process of counseling for victims of domestic violence, counselling staff responsible for maintaining the confidentiality of information about victims of domestic violence; cases of violent behavior detection of signs of the crime family to notify facility heads to tell the police where the closest.
Article 30. Reliable address in the community 1. Place in individual communities, reputable organizations, voluntary and ability to help victims of domestic violence in the community.
2. Individuals, the Organization informed about getting a trusted address, where address is trusted with the people's Committee of social level where the most recent reliable address.
3. Depending on the condition and the possibility of real, reliable address in the community receiving victims of domestic violence, support, advice, layout getaway for the victims and inform the competent agency know.
4. the people's Committee established the list of township level and publication of reliable address in the community; make the Guide, organized training on family violence prevention and the protection of reliable address in the community in case of need.
5. Vietnam Fatherland Front Committee of the communes, wards and towns and the Member organization is responsible for coordinating with the people's committees at the same level in advocacy, mobilization, build trust in the community.
Chapter IV RESPONSIBILITIES of INDIVIDUALS, families, agencies, ORGANIZED the RONG FAMILY VIOLENCE prevention article 31. Responsibility of individuals 1. Implementation of the provisions of the law on prevention of domestic violence, marriage and family, gender equality, prevention of drugs, prostitution and other social ills.
2. Timely stop family violence behavior and reported to the Agency, organization, authority.
Article 32. The responsibilities of the family 1. Education, reminding family members made the provisions of the law on prevention of domestic violence, marriage and family, gender equality, prevention of drugs, prostitution and other social ills.
2. Reconciliation of contradictions, disputes between family members; dissuade people have family acts of violence cease acts of violence; the care of victims of domestic violence.
3. In collaboration with agencies, organizations and communities in the prevention of family violence.
4. implementation of other measures on prevention of domestic violence under the provisions of this law.
Article 33. The responsibility of the Vietnam Fatherland Front and the Member organization 1. Advocacy, education, encourage, motivate and Executive people's law on prevention of domestic violence, marriage and family, gender equality, prevention of drugs, prostitution and other social ills.
2. Propose the necessary measures with the relevant State agencies to implement the law on prevention of domestic violence, marriage and family, gender equality, prevention of drugs, prostitution and other social ills; participate in family violence prevention, care, support and protection to victims of domestic violence.
3. Participate in monitoring the implementation of the law on prevention of domestic violence.
Article 34. The responsibility of the Vietnam Women's Union 1. Perform the responsibilities prescribed in article 33 of this law.
2. Organizing grassroots consultation on prevention of domestic violence, support victims of domestic violence.
3. The organization of vocational activities, credit, savings to support victims of domestic violence.
4. Coordination with relevant organizations, to protect and support victims of domestic violence.
Article 35. State Agency on prevention of family violence 1. The unified Government in State management on prevention of domestic violence.
2. The Ministry of culture, sports and tourism is responsible before the Government implement state management on prevention of domestic violence.
3. The ministerial-level agencies, within the scope of the task, their powers are responsible for coordination with the Ministry of culture, sports and tourism make state management on prevention of domestic violence.
4. the people's Committee in the scope of the task, their powers are responsible for implementing State management on prevention of domestic violence.
5. Every year, in the report of the Committee to grant the previous Township Council the same level of social-economic situation must have content about the situation and the results of family violence prevention.
Article 36. The responsibility of the Ministry of culture, sports and tourism 1. Building and the competent authority issued or issued by the authority the legal text, program, plan on prevention of domestic violence.
2. Hosted, in cooperation with the ministries, ministerial agencies, government agencies and people's committees of the province, the city of centrally organizing the legal text, program, plan on prevention of domestic violence.
3. Guide the implementation of consulting activities on families at the base; the establishment, dissolution of foundations consulted on prevention of family violence, the basis of support for victims of domestic violence.
4. Coordinated with agencies, organizations and relevant implementation rules of cadres working on family violence prevention.
5. Inspect, examine the implementation of the law on prevention of domestic violence.
6. implementation of the international cooperation on prevention of domestic violence.
7. Host, guide the work of synthesis, analysis of the situation of family violence prevention; directs the implementation of statistical reporting regime on prevention of domestic violence; the direction of the practical experience, replicate the patterns of family violence prevention.
8. the Chair, in cooperation with the relevant bodies in the editorial, provides information on family violence prevention.
Article 37. The responsibility of the Ministry of health 1. Enact and implement regulations about reception, medical care for patients who are victims of domestic violence at the base hospital, healing.
2. Guide the base doctor, cure made statistics, reported cases of patients who are victims of domestic violence.
3. Issuance of process treatment of alcohol addiction.
Article 38. The responsibility of the Ministry of labor, invalids and Social Affairs 1. Steer the integrating content, against domestic violence on poverty alleviation programs, job training, job.
2. Guide the implementation of assistance to victims of domestic violence at the basis of social protection.
Article 39. The responsibility of the Ministry of education and training, the school and other educational establishments in the national education system 1. The Ministry of education and training is responsible for directing the integrating knowledge of family violence prevention into the curriculum, training consistent with requirements of each course level.
2. Schools and other educational establishments in the national education system are responsible for implementing educational programs integrating the knowledge of family violence prevention.
Article 40. The responsibility of the Ministry of information and communication and the mass information bodies 1. The Ministry of information and communications is responsible for directing the Agency news information, policy advocacy, the law on prevention of domestic violence.
2. the mass information bodies are responsible for timely, accurate information policy, the law on prevention of domestic violence.    
Article 41. The responsibility of the police, courts, procuratorate organs of public security, procuratorate, courts in the scope of its powers, duties of presiding, in cooperation with relevant organizations, make the protection of the rights, legitimate interests of victims of family violence; proactive prevention, timely detect, prevent and treat the violations of the law on prevention of domestic violence; coordinate, facilitate State Agency on prevention of domestic violence made the task of statistics on family violence prevention.
Chapter V HANDLE VIOLATES The LAW On Prevention Of DOMESTIC VIOLENCE And COMPLAINTS, Accusations

Article 42. Handle the behavior violates the law on prevention of domestic violence 1. People are violations of the law on prevention of domestic violence according to the nature and extent of the violation which dealt with administrative violations, disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. Officers, servants, employees, who belong to the people's armed forces act of domestic violence if dealt with administrative violations under the provisions of paragraph 1 of this article shall be reported to the heads of agencies, organizations, competent management unit that person to education.
3. The Government specifies the administrative violations of prevention of family violence, sanctions, remedial measures for violations of the law on prevention of domestic violence.
43 things. Apply educational measures in commune, Ward, town, taken on the basis of education, the school brought 1. People often have the family acts of violence have been comments, criticism in residential community that within 6 months from the date of application of this measure still had family violence behavior but not yet to the point of being blind to criminal responsibility can be applied to educational measures in commune Ward, the town.
2. The acts of domestic violence were applied to educational measures in commune, Ward, the town that continues to perform acts of domestic violence but not yet to the point of being blind to criminal responsibility can be applied the measures taken on the basis of education; for people under 18 years may be measures put in school.
3. The authority, the time limit, the order and the procedures applied in educational measures in commune, Ward, town, taken on the basis of education, school nursing is done according to the provisions of the law on the handling of administrative violations.
Article 44. Complaints, accusations and complaints, report complaints, accusations and complaints, accusations against the violations of the law on prevention of domestic violence was made according to the provisions of the law on complaints and denunciation.
Chapter VI ENFORCEMENT PROVISIONS Article 45. Effect of this Law has effect from 1 July 2008.
Article 46. Government enforcement guide detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam XII, session 2 through November 21, 2007./.