Measures to prohibit contact regarding domestic violence prevention and control in Vietnam

Measures to prohibit contact regarding domestic violence prevention and control in Vietnam (Internet image)

1. Contact forbidden upon decision of the Chairperson of the commune People’s Committee regarding domestic violence prevention and control in Vietnam

- The commune People’s Committee at the site of domestic violence in Vietnam can decide to apply the measure of forbidding contact for no longer than three days when meeting the following conditions:

+ There is a written request from the victim of domestic violence, the custodian or the legal representative of the relevant organization/agency. In case of the institution, organization of authority  request, it must be agreed by the victim of domestic violence,

+ Domestic violence acts cause or threaten to cause serious physical injury to health or life of the victim of domestic violence

+ The domestic violence victim and the violence committing person are living at different domiciles at the time of contact

- By the latest of 12 hours from the receipt of the request, Chairperson of communal People’s Committee shall decide to apply the forbidden contact measure with the victim of domestic violence; In case no decision shall be made, a written notice with specific reasons shall be sent to the requesting person.  

Decision forbidding contact with the victim of violence shall be in force right after its issuance, and sent to the person conducting violence, the victim of violence, the community leader at the victim’s domicile.  

- The chairperson of communal People’s Committee deciding to forbid contact with the victim, shall cancel that decision when the victim of violence request this cancelation, or when the measure is found not necessary any more

- In case there happen the wedding or funeral, or some special events in their families that require the violence victims and the violence committed persons to contact each other, the violence committed person has to inform the victim’s community leader..

- The violence committing person breaching the forbidden contact decision can be seized for civil breach of Law and fined

- The Government shall stipulates specifically the application, cancellation of the measure to forbid contact with the victim of violence, the person of supervising authority , and the treatment of the person who commits domestic violence and breach the forbidden contact rule in Article 20 of the Law on Domestic Violence Prevention and Control 2007.

(Article 20 of the Law on Domestic Violence Prevention and Control 2007)

2. Forbidding contact upon decision of the court domestic violence prevention and control in Vietnam

- In collecting evidence or processing civil case between the victim of domestic violence and the person conducting violent acts, the courts shall have the authority to forbid the person committing violent acts to contact the victim of domestic violence for no longer than 4 months when having sufficient conditions as following:

+ Written request from the victims of domestic violence, the custodian or the legal representative or the  authorized institution/organization. In case the authorized institution/organization requests, they must be agreed to by the victim of domestic violence,

+ The domestic violence causing physical damages or threatening to cause serious injury to the health and life of the victim of domestic violence.

+ The violence committing person and the victim are not living in the same domicile during the forbidden contact duration.

- The decision of forbidden contact with the victim of domestic violence shall be  effective after signing and shall be notified to the violence committed person, the victim of violence and the community leader at the victim’s domicile and the people’s Inspecting Institute at the same level.

- The people’s court that decided on the forbidden contact measure, shall cancel that decision when receiving the written request for cancellation from the violence victim or when it sees that this measure is no longer needed

- In case there is a wedding or funeral, or some special events in their families that require the victim of violence and the violence committing person to contact each other, the violence committing person must inform the victim’s community leader.

- Authority, sequence of steps and procedures, changes, cancelation of forbidden contact measure with the domestic violence victim referred to in this Article shall be similarly applied in accordance with the Law on Civil Proceedings for temporary emergency measures.

(Article 21 of the Law on Domestic Violence Prevention and Control 2007)

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE