Vietnam: When will the Chairmen of the People’s Committees of communes cancel the decision on protective orders?
Vietnam: When will the Chairmen of the People’s Committees of communes cancel the decision on protective orders?
Pursuant to Clause 4, Article 25 of the Law on prevention and combat against domestic violence 2022, there are provisions as follows on protective orders according to decisions of Chairmen of the People’s Committees of communes:
Protective orders according to decisions of Chairmen of the People’s Committees of communes
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4. Chairmen of the People’s Committees of communes that issue decisions on protective orders are competent to cancel such decisions. The cancellation of protective orders is performed in the following cases:
a) There are requests from people prescribed in Point a Clause 1 of this Article;
b) Domestic violence victims, guardians, or legal representatives of domestic violence victims do not agree with decisions on protective orders following Point b Clause 1 of this Article;
c) This measure is considered unnecessary.
Accordingly, chairmen of the People’s Committees of communes that issue decisions on protective orders are competent to cancel such decisions. The cancellation of protective orders is performed in the following cases:
- 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.
- Domestic violence victims, guardians, or legal representatives of domestic violence victims do not agree with decisions on protective orders for domestic violence acts threaten domestic violence victims' life.
- This measure is considered unnecessary.
Vietnam: When will the Chairmen of the People’s Committees of communes cancel the decision on protective orders?
How long is the validity of the decision on protective orders in Vietnam?
Pursuant to Clause 1, Article 25 of the Law on prevention and combat against domestic violence 2022, there are the following provisions on the prohibited contact period:
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.
Accordingly, in the two cases at the request of the above-mentioned subjects or realizing that the domestic violence act threatens the life of victims, Chairmen of the People’s Committees of communes where domestic violence acts occur shall decide the application of protective order measures.
However, the validity of each order does not exceed 3 days.
When will the court decide to apply the protective order measures in Vietnam?
According to the provisions of Clause 1, Article 21 of the Law on prevention and combat against domestic violence 2007, 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.
However, in Clause 1, Article 26 of the Law on prevention and combat against domestic violence 2022, it is stated that 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:
- Domestic violence acts damage or potentially damage the health or threaten the life of domestic violence victims.
- 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;
Accordingly, the condition that the violence committing person and the victim are not living in the same domicile during the forbidden contact duration was no longer avalable. And in the future, when applying this measure, the subjects only need to ensure that the above two conditions are satisfied.
The Law on prevention and combat against domestic violence 2022 will take effect from July 1, 2023.
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