Vietnam: Measure of forbidding contact with the victim of domestic violence

The measure of forbidding contact with the victim of domestic violence is specified in Decree No. 08/2009/ND-CP of Vietnam’s Government as follows:

* Forbidding contact with a domestic violence victim means prohibiting a person with domestic-violence acts from committing the following acts:

- Approaching the victim within a distance of less than 30m, unless there is a partition between the person with domestic violence acts and the victim such as a wall, fence or other partitions which ensure safety for the victim.

- Using telephones, facsimiles, emails or other means of communication to commit violent acts against the victim.

* Contents of contact forbidding decisions

- A contact forbidding decision must clearly indicate:

+ Date of issue, full name and position of the issuer;

+ Full name and address of the person subject to the measure of contact forbidding;

+ Grounds for application of the measure of contact forbidding;

+ Reasons for application of the measure of contact forbidding;

+ Duration of application of the measure of contact forbidding;

+ Person assigned to supervise the enforcement of the measure of contact forbidding.

- A contact forbidding decision must be signed by the decision issuer and stamped.

* The measure of contact forbidding shall be removed in the following cases:

- Upon written request of the domestic violence victim;

- The measure is no longer necessary;

- Information serving as grounds for the issue of the decision is discovered to be untruthful.

* The president of a commune-level People's Committee who has issued a decision to apply the measure of contact forbidding is competent to issue a decision to remove it.

* A decision to remove the measure of contact forbidding takes effect immediately after its signing and shall be sent to the person with domestic violence acts, the domestic violence victim and the head of the population community where the domestic violence victim resides.

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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