How is the prohibition of contact in the prevention and control of domestic violence regulated?

Reply:

The Law on Prevention and Control of Domestic Violence 2022 stipulates that contact prohibition is a measure to prohibit people committing acts of domestic violence from approaching people suffering from domestic violence or using means or tools to commit acts of domestic violence.

Article 25 of the Law on Prevention and Control of Domestic Violence stipulates the prohibition of contact according to the decision of the Chairman of the People's Committee at the commune level as follows:

1. The Chairman of the People's Committee of the commune where the domestic violence occurs decides to apply the measure of prohibiting contact for no more than 03 days at a time in the following cases:

a) There is a request from the person suffering from domestic violence, the guardian or legal representative of the person suffering from domestic violence, or a competent agency, organization or individual regarding the act of domestic violence that causes harm or threatens to cause harm to the health or threatens the life of the person suffering from domestic violence.

In case a competent agency, organization or individual makes a request, it must have the consent of the person suffering from domestic violence or the guardian or legal representative of the person suffering from domestic violence;

b) Acts of domestic violence threaten the life of the victim of domestic violence.

2. Within 12 hours of receiving the request specified in Point a, Clause 1 of this Article, the Chairman of the Commune People's Committee shall consider and decide to apply the contact prohibition measure; in case of not making a decision, a written notice must be given stating the reasons to the agency, organization or person making the request.

3. The decision to prohibit contact takes effect immediately after signing and is sent to the person committing domestic violence, the person suffering from domestic violence, the Chief of the Commune Police, the Village Chief, or the Head of the residential group where the person suffering from domestic violence resides.

4. The Chairman of the People's Committee at the commune level who issues the decision to prohibit contact has the authority to revoke the decision to prohibit contact. The revocation of the decision to prohibit contact is carried out in the following cases:

a) There is a request from the person proposing the decision to prohibit contact as prescribed in Point a, Clause 1 of this Article;

b) The person suffering from domestic violence, the guardian or legal representative of the person suffering from domestic violence does not agree with the decision to prohibit contact as prescribed in Point b, Clause 1 of this Article;

c) When this measure is no longer necessary.

5. When applying a decision to prohibit contact, the person suffering from domestic violence, the guardian or legal representative of the person suffering from domestic violence has the right to choose a place of residence during the period of prohibition of contact.

6. In case a person committing domestic violence violates the decision to prohibit contact, he/she shall be subject to administrative detention measures to prevent domestic violence according to Government regulations.

7. In case the family has a wedding, funeral or other special case where the person committing domestic violence needs to contact the person suffering from domestic violence, the person committing domestic violence must notify the person assigned to supervise the implementation of the ban on contact and commit to not allowing domestic violence to occur.