Which entity has the authority to decide the application of protective order measures? When will a perpetrator be considered to violate the protective orders in Vietnam?
- Which entity has the authority to decide the application of protective order measures in Vietnam?
- When will a perpetrator be considered to violate the protective orders in Vietnam? What are the custodial measures?
- Vietnam: What are the procedures for perpetrators under protective orders to have contact with the domestic violence victims?
Which entity has the authority to decide the application of protective order measures in Vietnam?
Pursuant to Article 25 of the Law on Prevention and Combat against Domestic Violence 2022, it is stipulated:
Protective orders according to decisions of Chairmen of the People’s Committees of communes
1. Chairmen of the People’s Committees of communes where domestic violence acts occur shall decide the application of protective order measures, with the validity of each order does not exceed 3 days in the following cases:
a) There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals regarding domestic violence acts that damage or potentially damage the health or threaten the life of domestic violence victims.
In case of requests from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;
b) Domestic violence acts threaten domestic violence victims' life.
....
Pursuant to the provisions of Article 26 of the Law on Prevention and Combat against Domestic Violence 2022:
Protective orders according to decisions of Courts
1. People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures, with the validity of each order does not exceed 4 months when the following conditions are satisfied:
a) Domestic violence acts damage or potentially damage the health or threaten the life of domestic violence victims.
b) There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.
In case of applications from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;
2. People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures on their own, with the validity of each order does not exceed 4 months when it is necessary to protect the life of domestic violence victims.
....
Pursuant to Article 44 of Decree 76/2023/ND-CP, it is stipulated:
Implementation
Island districts without commune-level authorities shall carry out tasks of entitlements prescribed by domestic violence prevention and combat laws for commune-level authorities performed by district-level authorities within such island districts.
Thus, according to the legal regulations on domestic violence prevention, there are 03 entities who have the authority to decide the application of protective order measures:
(1) Chairmen of the People’s Committees of communes
(2) People’s Courts
(3) District-level authorities in island districts without commune-level authorities.
Which entity has the authority to decide the application of protective order measures in Vietnam? (image from the Internet)
When will a perpetrator be considered to violate the protective orders in Vietnam? What are the custodial measures?
Pursuant to the provisions of Article 19 of Decree 76/2023/ND-CP, A perpetrator, except in the case where the perpetrator may have contact with the domestic violence victim according to Article 18 of Decree 76/2023/ND-CP, is considered to violate the protective in the following cases:
- Coming close to the domestic violence victim within 100m without any wall or partition for safety assurance;
- Using mobile phones, emails, or other equipment to commit domestic violence acts to the person protected by the protective order.
Perpetrators violating protective orders shall be subject to custodial measures according to administrative procedures for preventing domestic violence prescribed by administrative violation handling laws
Vietnam: What are the procedures for perpetrators under protective orders to have contact with the domestic violence victims?
Pursuant to the provisions of Clause 1, Article 18 of Decree 76/2023/ND-CP, a perpetrator under a protective order may only have contact with the domestic violence victim in the following cases:
- There is a wedding or funeral in the family;
- A relative has an accident or illness requiring care;
- Remedy for natural disasters, fire, or epidemics is required.
Thus, when in need of having contact with the domestic violence victim, the perpetrator under a protective order shall comply with following steps:
(1) Send written notification following Form No. 09 of the Appendix enclosed with Decree 76/2023/ND-CP to the concerned supervisor of the protective order compliance.
(2) Contact shall only be made after the perpetrator has submitted the mentioned notification and the supervisor has signed such notification.
Note: The time of contact shall be no more than 4 hours.
(3) The supervisor shall immediately inform the President of the People's Committee of the commune, who issued the protective order, of the incident for the provision of protective measures for the domestic violence victim.
LawNet
