Vietnam: Conditions for issuance of decisions on forbidding contact with the victim of domestic violence

According to Decree No. 08/2009/ND-CP of Vietnam’s Government, conditions for issuance of decisions on forbidding contact with the victim of domestic violence are as follows:

* Authority to issue decision: The president of a commune-level People's Committee of the locality where domestic violence occurs shall decide to forbid the violator to contact the victim.

* Conditions:

- There is a petition of the domestic violence victim, his/her guardian or lawful representative or a competent agency or organization. In case a competent agency or organization makes such petition, consent of the domestic violence victim is required;

+ Competent agency or organization is the culture, sports and tourism agency; the labor, war invalids and social affairs agency; the police; the agency in which the domestic violence victim works or the socio-political organization, social organization of which the victim is a member.

- There have been domestic violence acts which cause harms or threaten to cause harms to the health or life of the domestic violence victim;

+ Written certification issued by a medical examination and treatment establishment regarding the examination and treatment of injuries caused by domestic violence;

+ Evidence(s) on the victim's body which is (are) visible to naked eyes or the domestic violence victim shows obvious signs of mental disorder;

+ Evidence on a threat of causing harm to the health or life of the domestic violence victim.

- The person with domestic violence acts and the domestic violence victim reside in different places in the duration of contact forbidding.

* Time limit for issuance of decisions: Within 3 days when all the above-mentioned conditions are met.

Note:

- When the contact forbidding measure applies, priority must be given to protection of lawful rights and interests of children, women, the elderly and people with disabilities.

- Special cases in which people with domestic violence acts may contact domestic violence victims after reporting to the heads of communities where the victims reside, include:

+ There are funerals or weddings in their families;

+ People suffering from accidents or serious diseases in their families;

+ Their family property is seriously damaged due to a natural disaster, fire or epidemic;

+ Other cases in which a contact is necessary according to fine local traditions or customs.

View more details at Decree No. 08/2009/ND-CP of Vietnam’s Government, effective from March 22, 2009.

Long Binh

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