What is the minimum distance to be ensured when implementing the protective orders in Vietnam?
- What is the minimum distance to be ensured when implementing the protective orders in Vietnam?
- What are the prevention and protection measures to protect the victims of domestic violence in Vietnam?
- Which agency has the authority to handle notifications and denunciations of domestic violence acts in Vietnam?
What is the minimum distance to be ensured when implementing the protective orders in Vietnam?
According to Article 19 of Decree 76/2023/ND-CP regulations on Violations of protective orders as follows:
Violations of protective orders
1. A perpetrator is considered to violate the protective in the following cases:
a) Coming close to the domestic violence victim within 100m without any wall or partition for safety assurance;
b) Using mobile phones, emails, or other equipment to commit domestic violence acts to the person protected by the protective order.
2. Perpetrators violating protective orders shall be subject to custodial measures according to administrative procedures for preventing domestic violence prescribed by administrative violation handling laws.
Accordingly, a perpetrator is considered to violate the protective in the case of coming close to the domestic violence victim within 100m without any wall or partition for safety assurance;
Thus, the minimum distance that needs to be ensured when implementing the protective orders is 100m without any wall or partition for safety assurance
What is the minimum distance to be ensured when implementing the protective orders in Vietnam?
What are the prevention and protection measures to protect the victims of domestic violence in Vietnam?
According to the provisions of Clause 1, Article 19 of the Law on Domestic Violence Prevention and Control 2007 on protective orders as follows:
Prevention and protection measures shall be applied to protect the victim of domestic violence, stop violent acts and minimize the consequences of domestic violence, including:
- Stopping domestic violence acts;
- Making first aid arrangements for the victim of domestic violence;
- Taking preventive measures in accordance with the Law in dealing with the violations of civil and criminal nature applicable to the person committing domestic violence;
- The person committing violent acts shall not be allowed to approach the victim and not to use telephone or other medium to get in touch with the victim in order to commit violence (hereinafter referred to as a measure of forbidden contact);
Which agency has the authority to handle notifications and denunciations of domestic violence acts in Vietnam?
Pursuant to Article 20 of the Law on Prevention and Control of Domestic Violence 2022 stipulates as follows:
Handling of notifications and denunciations of domestic violence acts
1. Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur shall, upon receiving notifications or denunciations, promptly prevent and handle domestic violence acts within their scope of entitlements while notifying Chairmen of the People’s Committees of communes where domestic violence acts occur.
2. Organizations and individuals prescribed in Points c, d, dd, and e Clause 1 Article 19 of this Law shall, upon receiving notifications or denunciations of domestic violence acts, immediately provide notifications for Chairmen of the People’s Committees of communes where domestic violence acts occur and prevent such acts within their capability.
3. Chairmen of the People’s Committees of communes shall handle or assign the handling immediately after receiving notifications and denunciations of domestic violence acts or reports on domestic violence acts from organizations and individuals prescribed in Clause 1 and Clause 2 of this Article, except for cases prescribed in Clause 4 of this Article.
If subjects of notifications or denunciations of domestic violence acts are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, and people who are unable to take care of themselves or the domestic violence acts have caused or can potentially endanger the health and life of the victims, Chairmen of the People’s Committees of communes shall assign the Police Force of communes, wards, or towns (hereinafter referred to as “Commune-Level Police Force) to handle such matter.
4. In case of notifications or denunciations of criminals, the receipt and handling of notifications and denunciations shall comply with laws on criminal procedures.
5. The procedure for receiving and handling notifications and denunciations of domestic violence acts shall comply with regulations of the Government of Vietnam.
Thus, Public Security Agencies and Border Guard Stations close to areas where domestic violence acts occur shall, upon receiving notifications or denunciations, promptly prevent and handle domestic violence acts within their scope of entitlements while notifying Chairmen of the People’s Committees of communes where domestic violence acts occur.
If subjects of notifications or denunciations of domestic violence acts are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, and people who are unable to take care of themselves or the domestic violence acts have caused or can potentially endanger the health and life of the victims, Chairmen of the People’s Committees of communes shall assign the Police Force of communes, wards, or towns (hereinafter referred to as “Commune-Level Police Force) to handle such matter.
Decree 76/2023/ND-CP comes into force from December 25, 2023
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