Procedures for canceling the protective orders upon request in Vietnam

Procedures for canceling the protective orders upon request in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Procedures for canceling the protective orders upon request are specified in Decision 3657/QD-BVHTTDL 2023 as follows:

1. Dossier to request cancellation of protective orders

- Number of documents: 01 (application).

- Document components: Application to cancel the contact ban decision.

- How to submit application:

People experiencing domestic violence, guardians, legal representatives of people experiencing domestic violence; Competent agencies, organizations and individuals send a request to cancel the contact ban decision to the Chairman of the Commune People's Committee (Chairman of the District People's Committee for localities that do not organize commune-level government) through direct, postal or electronic forms (National Public Service Portal).

2. Procedures for canceling the protective orders upon request in Vietnam

- Agencies, organizations, and individuals request to issue a decision to ban contact with people suffering from domestic violence, guardians, or representatives according to the law, a person suffering from domestic violence who does not agree with the protective orders should submit a petition to the Chairman of the Commune People's Committee.(Chairman of the District People's Committee for localities that do not organize commune-level government) has issued a decision to ban contact and requests to cancel this decision according to Form No. 10 of the appendix issued together with Decree 76/2023/ND-CP.

- Within 12 hours of receiving the request to cancel the protective orders, the Chairman of the Commune-level People's Committee (Chairman of the District-level People's Committee for localities that do not organize commune-level government) will decide whether or not to cancel the protective orders. In the event that a decision is not made, a written response must be made clearly stating the reason.

- Social and Cultural Civil Servant or head of a district-level specialized agency in culture, sports, and tourism for localities that do not have a commune-level government organization will advise the Chairman of the People's Committee to issue a Decision to cancel the protective orders according to Form No. 11 of the appendix issued together with Decree 76/2023/ND-CP.

3. Cases subject to protective orders in Vietnam

- The domestic violence victim or his/her guardian or legal representative requests the President of the People's Committee of the commune where domestic violence acts occur to issue a protective order if the domestic violence acts are deemed to damage or threaten the health or life of the domestic violence victim.

- A competent authority, organization, or individual requests the President of the People’s Committee of the commune where domestic violence acts occur to issue a protective order if the domestic violence acts are deemed to damage or threaten the health or life of the domestic violence victim. The request must be agreed on by the domestic violence victim or his/her guardian or legal representative.

- The President of the People's Committee of the commune shall issue a protective order according to Point b Clause 1 Article 25 of the Law on Prevention and Combat against Domestic Violence.

(Article 15 of Decree 76/2023/ND-CP)

4. Protective orders in Vietnam

- The President of the People’s Committee of the commune shall, based on Article 15 and Article 16 of Decree 76/2023/ND-CP, issue protective orders. The President of the People’s Committee of the commune shall issue protective orders according to requests prescribed in Clause 1 or Clause 2 Article 15 of Decree 76/2023/ND-CP following Form No. 07 of the Appendix enclosed withDecree 76/2023/ND-CP. In case of declining to issue protective orders, provide answers and explanations in writing. The President of the People’s Committee of the commune that issues protective orders himself/herself shall follow Form No. 08 of the Appendix enclosed with Decree 76/2023/ND-CP.

- For each protective order, the validity period shall be no more than 3 days.

(Article 17 of Decree 76/2023/ND-CP)

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