Chương III Nghị định 76/2023/NĐ-CP: Cấm tiếp xúc theo quyết định của chủ tịch ủy ban nhân dân cấp xã

Chapter III

PROTECTIVE ORDERS DECIDED BY PRESIDENTS OF PEOPLE'S COMMITTEES OF COMMUNES

Article 14. Principles of protective orders

1. To ensure the benefits of domestic violence victims who are children, pregnant women, women raising children under 36 months old, the elderly, disabled people, people who are unable to take care of themselves, or patients in treatment.

2. To adequately notify domestic violence victims of their rights and obligations before issuing protective orders.

Article 15. Cases subject to protective orders

1. 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.

2. 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.

3. 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 16. Methods and applications for protective orders

1. Applications for protective orders shall be submitted in person, through postal services, or electronic means.

2. Regarding Clause 2 Article 15 of this Decree, the application shall be made following Form No. 06 of the Appendix enclosed with this Decree. Applications are not required regarding cases prescribed in Clause 1 and Clause 3 Article 15 of this Decree.

Article 17. Protective orders

1. The President of the People’s Committee of the commune shall, based on Article 15 and Article 16 of this Decree, 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 this Decree following Form No. 07 of the Appendix enclosed with this Decree. 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 this Decree.

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

Article 18. Contact during protective orders

1. A perpetrator under a protective order may only have contact with the domestic violence victim in the following cases:

a) There is a wedding or funeral in the family;

b) A relative has an accident or illness requiring care;

c) Remedy for natural disasters, fire, or epidemics is required.

2. When in need of having contact with the domestic violence victim in cases specified in Clause 1 of this Article, the perpetrator under a protective order shall send written notification following Form No. 09 of the Appendix enclosed with this Decree to the concerned supervisor of the protective order compliance. Contact shall only be made after the perpetrator has submitted the mentioned notification and the supervisor has signed such notification. The time of contact shall be no more than 4 hours.

3. The supervisor shall immediately inform the President of the People's Committee of the commune, who issued the protective order, of the incident for the provision of protective measures for the domestic violence victim.

Article 19. Violations of protective orders

1. A perpetrator is considered to violate the protective in the following cases:

a) Coming close to the domestic violence victim within 100m without any wall or partition for safety assurance;

b) Using mobile phones, emails, or other equipment to commit domestic violence acts to the person protected by the protective order.

2. Perpetrators violating protective orders shall be subject to custodial measures according to administrative procedures for preventing domestic violence prescribed by administrative violation handling laws.

Article 20. Cancellation of protective orders

1. The cancellation of a protective order according to Point a and Point b Clause 4 Article 25 of the Law on Prevention and Combat against Domestic Violation shall be carried out according to the following procedures:

a) Competent authorities, organizations, and individuals prescribed in Point a Clause 1 and Point a and Point b Clause 4 Article 25 of the Law on Prevention and Combat against Domestic Violence shall submit applications to Presidents of People’s Committees of communes who issued protective orders to request the cancellation of such orders following Form No. 10 of the Appendix enclosed with this Decree. Applications shall be submitted by the methods prescribed in Clause 1 Article 16 of this Decree;

b) Within 12 hours after receiving an application, the concerned President of the People’s Committee of the commune who issued the protective order shall cancel the order following Form No. 11 of the Appendix enclosed with this decree. In case of refusal, provide answers and explanations in writing.

2. The President of the People’s Committee of the commune shall cancel the protective order under Point c Clause 4 Article 25 of the Law on Prevention and Combat against Domestic Violence when:

a) The violence victim dies;

b) The perpetrator dies or is incapacitated;

c) There are grounds to determine that the protective order is inappropriate.

3. A decision on the cancellation of a protective order comes into force right after its signing and shall be sent to the concerned perpetrator, domestic violence victim, Head of the Public Security Force of the commune, ward, or commune-level town, head of the village, head of the sub-quarter where the victim resides, protective order supervisor, and the competent authority, organization, or individual requesting the cancellation.

Article 21. Rights to choose accommodation during protective orders

1. A domestic violence victim or his/her guardian or legal representative may select accommodation during the implementation of a protective order of the President of the People’s Committee of the commune.

2. If the domestic violence victim cannot decide the accommodation or the accommodation fails to meet the requirements prescribed in Point a Clause 1 Article 19 of this Decree, Article 28 of the Law on Prevention and Combat against Domestic Violence shall prevail.