Procedure and Process for Revoking the Decision on Prohibition of Contact as per the Latest Proposal
What documents are required to file an application for the annulment of a Restraining Order?
Based on the provisions in Subsection 2, Section 2 of Administrative Procedures issued together with Decision 3657/QD-BVHTTDL in 2023, the dossier to implement the annulment of a Restraining Order upon application includes:
- An application for the annulment of the Restraining Order.
The quantity to implement the annulment of a Restraining Order upon application: 01 set.
How is the latest procedure for the annulment of a Restraining Order upon application implemented?
How is the latest procedure for the annulment of a Restraining Order upon application implemented?
Based on the provisions in Subsection 2, Section 2 of Administrative Procedures issued together with Decision 3657/QD-BVHTTDL in 2023, the procedure for the annulment of a Restraining Order upon the latest application is implemented as follows:
- Agencies, organizations, individuals requesting the issuance of a Restraining Order, or the person subjected to domestic violence, their guardian, or their legal representative, who disagree with the Restraining Order, shall submit an application for annulment to the Chairman of the commune-level People's Committee (Chairman of the district-level People's Committee for localities without commune-level government) that issued the Restraining Order using Form No. 10 of the appendix issued together with Decree 76/2023/ND-CP.
- Within 12 hours from the receipt of the application for the annulment of a Restraining Order, the Chairman of the commune-level People's Committee (Chairman of the district-level People's Committee for localities without commune-level government) shall decide whether to annul the Restraining Order or not.
In case a decision is not issued, a written response explaining the reason must be provided.
- The Culture-Social Affairs official or head of the specialized agency on culture, sports, and tourism at the district level for localities without commune-level government will advise the Chairman of the People’s Committee to issue a decision on the annulment of the Restraining Order according to Form No. 11 of the appendix issued together with Decree 76/2023/ND-CP.
Implementation Method:
The victim of domestic violence, their guardian, or their legal representative; the competent agency, organization, or individual shall submit an application for the annulment of the Restraining Order to the Chairman of the commune-level People's Committee (Chairman of the district-level People's Committee for localities without commune-level government) directly, by post, or electronically (via the National Public Service Portal).
How long does the Chairman of the commune-level People's Committee have to issue the decision to annul a Restraining Order after receiving a valid application?
Pursuant to the provisions in Article 20 of Decree 76/2023/ND-CP, the regulation is as follows:
Annulment of Restraining Orders
1. The annulment of a Restraining Order as stipulated at points a and b, clause 4, Article 25 of the Law on Prevention and Control of Domestic Violence shall be conducted as follows:
a) The competent agency, organization, or individual as stipulated at point a, clause 1, points a and b, clause 4, Article 25 of the Law on Prevention and Control of Domestic Violence, shall submit an application to the Chairman of the commune-level People’s Committee that issued the Restraining Order, requesting the annulment of the Restraining Order using Form No. 10 of the appendix issued together with this Decree. The application shall be submitted by the means provided for in clause 1, Article 16 of this Decree;
b) Within 12 hours from the receipt of the application, the Chairman of the commune-level People’s Committee shall decide on the annulment of the Restraining Order according to Form No. 11 of the appendix issued together with this Decree. In case of non-annulment, a written response explaining the reason must be provided.
2. The Chairman of the commune-level People’s Committee shall annul the Restraining Order as stipulated at point c, clause 4, Article 25 of the Law on Prevention and Control of Domestic Violence in the following cases:
a) When the victim of domestic violence has died;
b) When the perpetrator of domestic violence has died or is incapacitated;
c) When there is evidence confirming the Restraining Order is incorrect.
3. The decision to annul the Restraining Order shall take immediate effect after signing and is to be sent to the perpetrator of domestic violence, the victim, the commune, ward, commune-level town Chief of Police, the village head, the head of the residential group where the victim resides, those assigned to monitor the compliance with the Restraining Order, and the competent agency, organization, or individual requesting the annulment.
The Chairman of the commune-level People’s Committee shall issue the decision to annul the Restraining Order within 12 hours from the receipt of a valid application for annulment concerning the person subjected to domestic violence.
Decree 76/2023/ND-CP shall come into effect from December 25, 2023.
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