Regulations on Protective orders according to decisions of Courts concerning domestic violence acts

Regulations on Protective orders according to decisions of Courts concerning domestic violence acts (Image from the Internet)

1. What are protective order and domestic violence under the law in Vietnam?

According to Clauses 2 and 3, Article 2 of the Law on prevention and combat against domestic violence 2022, protective order and domestic violence are defined as follows:

• Domestic violence is an intentional act by a family member that causes or has the potential to cause physical, mental, sexual, or economic harm to another family member.

• A protective order is a measure prohibiting a person who commits domestic violence from approaching the person subjected to domestic violence or using means or tools to commit domestic violence.

2. Regulations on protective orders according to decisions of Courts concerning domestic violence acts in Vietnam

Regulations on protective orders according to decisions of Courts concerning domestic violence acts are specified in Article 26 of the Law on prevention and combat against domestic violence 2022 as follows:

• The People's Court handling or resolving a civil case between the person subjected to domestic violence and the person committing the domestic violence can decide to apply a protective order for up to 4 months if the following conditions are met:

  • The act of domestic violence causes or threatens to cause harm to the health or threatens the life of the person subjected to domestic violence;

  • There is a request from the person subjected to domestic violence or their guardian, legal representative, or a competent authority, organization, or individual.

  In case a competent authority, organization, or individual makes the request, it must be approved by the person subjected to domestic violence or their guardian or legal representative.

• The People's Court handling or resolving a civil case between the person subjected to domestic violence and the perpetrator can issue a protective order for up to 4 months on its own accord to protect the life of the person subjected to domestic violence.

  The protective order comes into effect immediately after it is signed and issued to the person subjecting to domestic violence, the person subjected to domestic violence, the Chairperson of the Commune-level People's Committee, the Chief of the Commune Police, the village head, and the head of the residential group where the person subjected to domestic violence resides, and the same-level People's Procuracy.

• The People's Court that issued the protective order under Clause 1, Article 26 of the Law on prevention and combat against domestic violence 2022 will rescind the order upon the request of the person subjected to domestic violence or their guardian, legal representative, or a competent authority, organization, or individual.

• The People's Court that issued the protective order under Clause 2, Article 26 of the Law on prevention and combat against domestic violence 2022 will rescind the order if it deems the measure no longer necessary.

• In cases of family weddings, funerals, or other special circumstances where the person committing domestic violence needs to contact the person subjected to domestic violence, they must notify the person assigned to supervise the protective order and commit to ensuring no acts of domestic violence occur.

• The authority, order, procedures for applying, changing, and rescinding the protective order specified in Article 26 of the Law on prevention and combat against domestic violence 2022 are implemented according to the provisions of civil procedure law.

Vo Tan Dai

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