What are the cases where the protective orders according to decisions of courts may be cancelled in 2024? What are the procedures for perpetrators under protective orders to have contact with the domestic violence victims in Vietnam?
- Vietnam: What are the cases where the protective orders according to decisions of courts may be cancelled in 2024?
- What are the procedures for perpetrators under protective orders to have contact with the domestic violence victims in Vietnam?
- What are the regulations on supervision of the implementation of protective order decisions in Vietnam?
Vietnam: What are the cases where the protective orders according to decisions of courts may be cancelled in 2024?
Pursuant to Article 26 of the Law on prevention and combat against domestic violence 2022, it is stipulated:
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.
3. Protective order decisions are immediately effective after their issuance and are sent to perpetrators, domestic violence victims, Chairmen of the People’s Committees of communes, Heads of Commune-Level Police Forces, Village Heads, Heads of Sub-Quarters where domestic violence victims reside, and the People’s Procuracy at the same level.
4. Courts that issue protective order decisions as prescribed in Clause 1 of this Article shall cancel protective order decisions when receiving applications from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.
5. Courts that issue protective order decisions as prescribed in Clause 2 of this Article may cancel such decisions if they consider this measure unnecessary.
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Thus, there are two cases where the protective orders according to decisions of courts may be cancelled as follows:
+ Courts that issue protective order decisions as prescribed in Clause 1 of Article 26 of the Law on prevention and combat against domestic violence 2022 shall cancel protective order decisions when receiving applications from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.
+ Courts that issue protective order decisions as prescribed in Clause 2 of Article 26 of the Law on prevention and combat against domestic violence 2022 may cancel such decisions if they consider this measure unnecessary.
What are the cases where the protective orders according to decisions of courts may be cancelled in 2024? What are the procedures for perpetrators under protective orders to have contact with the domestic violence victims in Vietnam? (Image from the Internet)
What are the procedures for perpetrators under protective orders to have contact with the domestic violence victims in Vietnam?
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:
(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 compliancet.
(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.
What are the regulations on supervision of the implementation of protective order decisions in Vietnam?
Pursuant to the provisions of Article 27 of the Law on prevention and combat against domestic violence 2022:
Supervision of the implementation of protective order decisions
1. When receiving protective order decisions as prescribed in Article 25 and Article 26 of this Law, Commune-Level Police Forces shall take charge and cooperate with Village Heads, Heads of Sub-Quarters, and relevant organizations at the grassroots level in supervising the implementation of protective order decisions and assigning people to supervise the implementation of protective order decisions.
2. Persons assigned to the supervision shall monitor the implementation of protective order decisions. When detecting perpetrators violating protective order decisions, persons assigned to the supervision have the right to request perpetrators to comply with decisions on protective orders; in case of continuous violations, report the matter to Heads of Commune-Level Police Forces for handling according to the law.
3. In cases where perpetrators are allowed to have contact with domestic violence victims as prescribed in Clause 7 Article 25 and Clause 6 Article 26 of this Law, other family members shall supervise and ensure the prevention of domestic violence acts from reoccurring.
Thus, the Commune-Level Police Forces shall take charge, and cooperate with Village Heads, Heads of Sub-Quarters, and relevant organizations at the grassroots level.
When detecting perpetrators violating protective order decisions, persons assigned to the supervision have the right to request perpetrators to comply with decisions on protective orders; in case of continuous violations, report the matter to Heads of Commune-Level Police Forces for handling according to the law.
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