Protective orders on domestic violence offenders in Vietnam

Protective orders on domestic violence offenders in Vietnam (Internet image)

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

1. What is protective order?

According to Clause 2, Article 2 of the Law on Prevention and Combat against Domestic Violence 2022, protective order is a solution that prohibits the perpetrator from coming close to his/her victim or from using means or tools to commit domestic violence acts.

2. Protective orders on domestic violence offenders in Vietnam

2.1 Protective orders according to decisions of Chairmen of the People’s Committees of communes in Vietnam

(i) Chairmen of the People’s Committees of communes where domestic violence acts occur shall decide the application of protective order measures, with the validity of each order does not exceed 3 days in the following cases:

(i.1) There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals regarding domestic violence acts that damage or potentially damage the health or threaten the life of domestic violence victims.  

In case of requests from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;

(i.2) Domestic violence acts threaten domestic violence victims' life.

(ii) Within 12 hours after receiving requests prescribed in (i.1), Chairmen of the People’s Committees of communes shall consider and decide the application of protective order measures; in case of not issuing decisions, provide answers and explanations in writing for the requesting agencies, organizations, or persons.  

(iii) Protective order decisions are immediately effective after their issuance and are sent to perpetrators, domestic violence victims, Heads of Commune-Level Polices Forces, Village Heads, and Heads of Sub-Quarters where domestic violence victims reside.

(iv) Chairmen of the People’s Committees of communes that issue decisions on protective orders are competent to cancel such decisions. The cancellation of protective orders is performed in the following cases:

(iv.1) There are requests from people prescribed in (i.2);  

(iv.2) Domestic violence victims, guardians, or legal representatives of domestic violence victims do not agree with decisions on protective orders following (i.2);

(iv.3) This measure is considered unnecessary.

(v) When applying protective order decisions, domestic violence victims, guardians, or legal representatives of domestic violence victims may select the shelter during the valid period of protective orders.

(vi) In case perpetrators violate decisions on protective orders, it is allowed to apply custodial measures according to administrative procedures for preventing domestic violence according to regulations of the Government of Vietnam.  

(vii) If the family has a wedding, funeral, or other special circumstances that the perpetrator has to come into contact with the domestic violence victims, the family shall provide notifications for the person assigned to supervise the implementation of the protective order

(Article 25 of the Law on Prevention and Combat against Domestic Violence 2022)

2.2 Protective orders according to decisions of Courts in Vietnam

(i) People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures, with the validity of each order does not exceed 4 months when the following conditions are satisfied:  

- Domestic violence acts damage or potentially damage the health or threaten the life of domestic violence victims.

- There are requests from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.

In case of applications from competent agencies, organizations, or individuals, there must be the consent of domestic violence victims, guardians, or legal representatives of domestic violence victims;

(ii) People’s Courts that are accepting or handling civil cases between domestic violence victims and perpetrators shall decide the application of protective order measures on their own, with the validity of each order does not exceed 4 months when it is necessary to protect the life of domestic violence victims.  

(iii) Protective order decisions are immediately effective after their issuance and are sent to perpetrators, domestic violence victims, Chairmen of the People’s Committees of communes, Heads of Commune-Level Police Forces, Village Heads, Heads of Sub-Quarters where domestic violence victims reside, and the People’s Procuracy at the same level.

(iv) Courts that issue protective order decisions as prescribed in (i) of this Section shall cancel protective order decisions when receiving applications from domestic violence victims, guardians, or legal representatives of domestic violence victims or competent agencies, organizations, or individuals.

(v) Courts that issue protective order decisions as prescribed in (ii) of this Section may cancel such decisions if they consider this measure unnecessary.

(vi) If the family has a wedding, funeral, or other special circumstances that the perpetrator has to come into contact with the domestic violence victims, the family shall provide notifications for the person assigned to supervise the implementation of the protective order and commit to preventing the reoccurrence of domestic violence acts.

(vii) The competency and procedure for applying, changing, and canceling protective order measures prescribed in Article 26 of the Law on Prevention and Combat against Domestic Violence 2022 shall comply with regulations of laws on criminal procedures.

(Article 26 of the Law on Prevention and Combat against Domestic Violence 2022)

Nguyen Ngoc Que Anh

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