PERSONS COMMITTING ACTS OF DOMESTIC VIOLENCE, VIOLATING DECISION TO BAN CONTACT SHALL BE SUBJECT TO TEMPORARY CUSTODY
The Decree No. 142/2021/ND-CP prescribing the sanction of expulsion and the measures of temporary custody and escorted transfer of violators in accordance with administrative procedures, and management of foreign violators of the Vietnam’s law regulations pending the completion of expulsion procedures is issued on December 31, 2021 by the Government.
Accordingly, the temporary custody of persons in accordance with administrative procedures shall only be applied in the following cases: To immediately prevent and stop acts of disturbing public order and causing injury to others; To immediately prevent and stop the act of smuggling and illegally transporting goods across the border; To execute the decision on sending persons to reformatory, compulsory education institution, compulsory detoxification establishment.
In addition, this measure shall also be applied to determine drug addiction for illegal drug users, or for persons committing acts of domestic violence who violate the decision to ban contact in accordance with law regulations on domestic violence prevention and control.
The time limit for temporary custody of persons in accordance with administrative procedures must be clearly stated in the decision on the temporary custody of persons in accordance with administrative procedures. The time limit for temporary custody for cases of being held in temporary custody in border areas or remote mountainous, mountainous areas, islands shall be counted from the time the violator is escorted to the place for temporary custody in accordance with administrative procedures.
This Decree takes effect from January 01, 2022.
