Procedures for prohibiting contact according to the Decision of the Chairman of the Commune People's Committee in Vietnam

Procedures for protective orders according to the Decision of the Chairman of the Commune People's Committee in Vietnam (Internet image)

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

Procedures for protective orders according to the Decision of the Chairman of the Commune People's Committee are stipulated in Decision 3657/QD-BVHTTDL in 2023 as follows:

1. Dossier to request protective orders according to the Decision of the Chairman of the Commune People's Committee

* Number of documents: 01 (set).

* Document components: application for a ban on contact in cases where a competent agency, organization, or individual requests a ban on contact. For other cases, a prescription is not required.

* How to submit application:

- The person experiencing domestic violence, the guardian, or the legal representative of the person experiencing domestic violence requests to prohibit direct contact (meet in person or call the Chairman of the Commune People's Committee or the Chairman of the District People's Committee for localities that do not have a commune-level government where the act of domestic violence occurs), by post or electronically.

- Competent agencies, organizations, and individuals submit requests for protective orderss via direct, postal, or electronic form (via the national public service portal) to the Chairman of the Commune-level People's Committee (Chairman of the District-level People's Committee for localities without commune-level government organization) where the act of domestic violence occurs.

- In case of electronic submission, the dossier components as sent directly are taken (from the original) or in digitally signed PDF format. The document name is set to correspond to the name of the attached paper or document.

2. Procedures for protective orders according to the Decision of the Chairman of the Commune People's Committee in Vietnam

organization, The person experiencing domestic violence, the guardian, the legal representative of the person experiencing domestic violence, or a competent agency, organization, or individual shall request the Chairman of the Commune People's Committee (in case the locality does not organize a commune-level government, request the Chairman of the District People's Committee) the place where an act of domestic violence occurs and shall issue a decision to ban contact when seeing an act of domestic violence causing harm or threatening to harm the health or life of the person experiencing domestic violence.

- The request to prohibit contact can be made in person, by post, or electronically. In case a competent agency, organization, or individual requests it, send an application according to Form No. 06, Appendix issued with Decree 76/2023/ND-CP, to the Chairman of the Commune People's Committee (in case the locality does not organize a commune-level government, send it to the Chairman of the District People's Committee) and must have the consent of the person experiencing domestic violence, the guardian, and the legal representative of the person experiencing domestic violence.

- Within 12 hours of receiving the request to ban contact, the Chairman of the Commune-level People's Committee (Chairman of the District-level People's Committee for localities without a commune-level government organization) must consider and decide to apply measures to prohibit contact (can directly or assign a competent agency, organization, or individual to verify information). 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 district-level specialized culture, sports, and tourism agency for localities without a commune-level government organization will advise the Chairman of the People's Committee to issue a Decision protective orders according to Form No. 07 of the appendix issued with Decree 76/2023/ND-CP.

- This decision will be sent to relevant agencies, organizations, and individuals for implementation.

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