In principle, under Article 5 of the Domestic Violence Law, the victim of domestic violence can "request the competent organizations and authorities to apply measures to prevent, protect and forbid contact" with such victim.
The concept of a civil protection order is not provided in Vietnamese law. During a court proceeding, one or multiple "temporary emergency measures" listed under the CPC can be requested. In particular, Article 129 of the CPC provides for the order to prohibit contact with victims of family violence "if it is necessary for protecting lives, health and honor of the victim."
The victim of domestic violence or the custodian can send a written petition for contact prohibition to the court.
In the event where the state authorities on child/women protection, the Vietnam Woman's Association or other organizations commence proceedings for the benefit of the victim, they can (with consent) petition for "temporary emergency measures" to be considered by the court.
Article 115 of the CPC provides that the court can make "temporary emergency measures" to put a child in the watch, care and education of an individual or organization if a court proceeding is relevant to the child and there is no custodian.
Per the Children Law, children need to be placed in replacement care if living with their parents is unsafe or if their parents abuse them. The children's relatives, unrelated individuals or families, adoptive parents in the form of adoption or social support establishments can provide replacement care.
As above, the court can impose "temporary emergency measures" to prohibit contact.
Yes. The legal representative of a plaintiff can request the "temporary emergency measures" under Article 111 of the CPC. Generally, individuals can commence a family law action for the benefit of another individual (Article 187 of the CPC).
Per the Family and Marriage Law, the following persons can request that the court restrict parents' rights over their minor children:[3]
- one parent can request the court to restrict the other parent's rights
- guardians
- relatives
- state authority supervising family-related matters
- state authority supervising children
- women's union
Per the Children Law, children and their parents or caregivers can provide information and their opinions to the authorities or individuals in charge of deciding the intervening measures to protect children.[4] If children are abused or potentially abused or abandoned by parents or caregivers, the local People's Committee or the local labor authority will request that the court restrict parents' or caregivers' rights or temporarily separate children from them.[5]
Yes. Although Vietnamese laws do not have the concept of civil protection orders, the CPC provides several temporary emergency measures to protect the lives, health and honor of the victims (e.g., prohibiting or ordering to do a certain action). For domestic violence, one particular temporary emergency measure prohibits the perpetrator of domestic violence from contacting the victim.
We understand that ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these orders are only in place until further hearings can be held, such as a temporary restraining order.[6] Vietnamese laws do not have the exact concept of ex parte orders like other jurisdictions.
However, as mentioned above, the commune-level People's Committee can decide to forbid the aggressor's contact with the victim without waiting for any response from the aggressor.
Similarly, local courts can also apply temporary emergency measures in a civil procedure without the aggressor's response.
It is unclear under the laws whether the "temporary emergency measures" will automatically extend to family members of the victim. However, the Domestic Violence Law prohibits the aggressor from: (1) taking revenge (or threatening to take revenge) upon those who reported or prevented the domestic violence; and (2) obstructing the handling of a domestic violence case.
The court can forbid contact between the victim and the abuser for up to four months. The court can terminate this measure upon the request of the victim or terminate this measure when the court judges that the measure is no longer necessary.
- General numbers of domestic violence cases (e.g., from 2012 to 2017, there were 139,395 cases in total):
http://vneconomy.vn/bao-luc-gia-dinh-so-lieu-tu-toa-an-gap-ba-thong-ke-cua-bo-20181023085534254.htm
- (National Survey on Violence Against Women in Vietnam 2019) Information on women subject to domestic violence by age group, violence type, disabilities, etc.:https://vietnam.unfpa.org/vi/publications/%C4%91i%E1%BB%81u-tra-qu%E1%BB%91c-gia-v%E1%BB%81-b%E1%BA%A1o-l%E1%BB%B1c-%C4%91%E1%BB%91i-v%E1%BB%9Bi-ph%E1%BB%A5-n%E1%BB%AF-%E1%BB%9F-vi%E1%BB%87t-nam-n%C4%83m-2019
A formal request for the suitable "temporary emergency measure" must be sent to the court or the commune-level authorities, along with the relevant evidence demonstrating the necessity of such measure. The supporting evidence may include the following (Article 9.3 of Decree No. 08/2009/NÐ-CP):
- confirmation from a health establishment in relation to the medical examination of the domestic violence
- signs of bodily injury visible to the naked eye or clear signs of mental distress on the part of the victim
- evidence of a threat to the health or life of the victim
Decree No. 167/2013/NĐ-CP (Section 4) has a range of monetary fines and other administrative remedies for various acts of domestic violence, as follows:
1. Harming the health of family members
Administrative penalties: VND 1-2 million and a public apology upon the victim's request.
2. Torturing or abusing family members
Administrative penalties: VND 1.5-2 million and a public apology upon the victim's request.
3. Defamation of family members
Administrative penalties: VND 500,000-1.5 million, a public apology upon the victim's request and forced removal of relevant leaflets, articles, photos or sounds, etc.
4. Isolating, shunning or putting frequent psychological pressure on family members
Administrative penalties: VND 100,000-1 million.
5. Preventing the exercise of the rights and obligations in family relationships between grandparents and grandchildren, between parents and children, between husbands and wives, and between brothers and sisters
Administrative penalties: A caution or a fine of between VND 100,000 and VND 300,000, and a public apology upon the victim's request.
6. Economic violence (e.g., ceasing common properties and forced labor)
Administrative penalties: VND 100,000-300,000
7. Forcing family members out of their living place
Administrative penalties: VND 100,000-300,000
No. "Temporary emergency measures" can be requested before or during a civil proceeding.
In certain cases, for the purposes of immediately preserving evidence or preventing possible severe consequences, the "temporary emergency measures" referred to above can be requested at the same time as the application to commence a civil proceeding (Article 111.2 of the Domestic Violence Law).
The judges have discretion to reject a petition for "temporary emergency measures." By law, judges are empowered to initiate any such "temporary emergency measures" without a petition, but this does not include measures to forbid contact.
Children under 18 years old cannot participate in a civil proceeding and, accordingly, they may not request a "temporary emergency measure" without a legal representative (e.g., a parent or custodian) (Article 54 of the CPC).
Yes. Per Article 590.1(a) of the Civil Code, the victim can file a civil lawsuit against the abuser to claim reasonable costs for treatment, nursing, health recovery and functional losses or impairment.
If the violent act amounts to a crime under the Penal Code, the remedies are subject to the Penal Code. According to Article 48 of the Penal Code, if the crime results in the material and psychological trauma of the victim, the court will require the perpetrator to pay in-kind compensation for the victim.
Yes. Pursuant to Article 590.1(b) of the Civil Code, if the victim files a civil lawsuit against the abuser, they can recover wages and profits lost. According to Article 590.1(c) of the Civil Code, the victim can also claim wages and profits lost for the person taking care of the victim during their treatment.
Yes. If the violent act does not amount to a crime and the victim files a civil lawsuit to claim damages, the lawsuit will follow the civil procedure under the Civil Procedure Law 2015.
If the violent act amounts to a crime per the Penal Code, claiming damages will be subject to the criminal procedure under the Criminal Procedure Law 2015.