Decree No. 02/2014/ND-CP stipulates the regime for applying and enforcing administrative handling measures involving placement in educational centers and compulsory educational facilities.

DECREE

Regulations on the application and enforcement of administrative handling measures to be placed in educational centers and compulsory educational facilities

 

_______________

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues a Decree stipulating the regulations on the application and enforcement of administrative handling measures to be placed in educational centers and compulsory educational facilities;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree specifies the procedures for establishing case files to request and enforce administrative handling measures to be placed in educational centers and compulsory educational facilities (hereinafter referred to as placement in educational centers and compulsory educational facilities); establishment of educational centers and compulsory educational facilities; management and education systems for individuals subject to placement in educational centers and compulsory educational facilities, and other relevant provisions related to the establishment of case files to request and enforce placement in educational centers and compulsory educational facilities.

Article 2. Applicability

This Decree applies to:

1. Individuals subject to placement in educational centers.

2. Individuals subject to placement in compulsory educational facilities.

3. Authorities and persons with the authority to establish case files to request and enforce administrative handling measures to be placed in educational centers and compulsory educational facilities as prescribed by the Law on Handling Administrative Violations.

4. Organizations and individuals related to the establishment of case files to request and enforce administrative handling measures to be placed in educational centers and compulsory educational facilities as prescribed by the Law on Handling Administrative Violations.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Students are individuals currently implementing the decision to be placed in educational centers.

2. Detainees are individuals currently implementing the decision to be placed in compulsory educational facilities.

3. Seriously ill individuals are those in a critical health condition that prevents them from working and living normally or are in a life-threatening situation requiring medical treatment for a certain period as determined by a doctor before they can recover.

4. Individuals suffering from serious illnesses are those diagnosed with life-threatening diseases such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS or other serious illnesses as defined by the Ministry of Health.

5. Families facing extraordinary difficulties include cases where the individual subject to placement in educational centers and compulsory educational facilities is the sole breadwinner for the family's livelihood; families affected by natural disasters, fires, or have relatives who are seriously ill or suffer from serious illnesses, and there is no one else to address the consequences of natural disasters, fires, or care for the sick except that individual.

6. Significant progress in compliance with the law is when the individual subject to placement in educational centers and compulsory educational facilities sincerely regrets their actions, actively works and studies, strictly adheres to the Party's policies and State laws.

7. Meritorious service is when the individual subject to placement in educational centers and compulsory educational facilities reports extremely serious or particularly serious criminal acts; bravely saves people or valuable state, collective, or personal property; achieves results in mass movements to protect national security and receives commendation from the People's Committee Chairman at the district level or higher; has innovative ideas or technical improvements recognized by competent authorities at the provincial level or higher in labor.

Article 4. Establishment, Merger, Dissolution and Design, Construction of Educational Rehabilitation Schools and Compulsory Education Facilities

Clause 1. The Ministry of Public Security decides on the establishment, merger, or dissolution of educational rehabilitation schools and compulsory education facilities.

Clause 2. Educational rehabilitation schools and compulsory education facilities shall be designed and constructed according to unified regulations of the Ministry of Public Security, ensuring suitability with the characteristics and requirements of management, education, drug rehabilitation, medical treatment, vocational training, physical education, sports, entertainment activities for students and inmates, and meeting fire prevention, firefighting, environmental sanitation standards.

Article 5. Conditions Ensuring the Application and Enforcement of Measures for Admission to Educational Rehabilitation Schools and Compulsory Education Facilities

Clause 1. Funding for investment in material infrastructure construction, procurement of equipment and means, organization of activities of educational rehabilitation schools and compulsory education facilities; funding for file preparation, organization of admission of individuals to educational rehabilitation schools and compulsory education facilities; search for escapees; organization of drug rehabilitation; treatment for students and inmates infected with HIV/AIDS; funding for food, clothing, accommodation, study, vocational training, cultural, artistic, physical education, sports activities, disease prevention, medical examination, and treatment for students and inmates; funding for the organization of admission of students under 16 years old, sick students and inmates upon completion of the decision back to their place of origin without family members to pick them up, and other funding serving the application and enforcement of measures for admission to educational rehabilitation schools and compulsory education facilities shall be guaranteed from the central budget and included in the annual budget estimate of the Ministry of Public Security.

Clause 2. Educational rehabilitation schools and compulsory education facilities may directly receive material, professional, and technical assistance from local People's Committees, state agencies, organizations, and individuals both domestically and internationally; participate in contracts and linkages with organizations and individuals in economic activities according to the law to create financial resources supporting the operation of educational rehabilitation schools and compulsory education facilities for teaching culture, vocational guidance, vocational training, procurement of equipment, means, and items for learning and living, medical examination, and treatment, and organizing drug rehabilitation for individuals implementing decisions on admission to educational rehabilitation schools and compulsory education facilities.

Article 6. Forced Execution of Decisions for Admission to Educational Rehabilitation Schools and Compulsory Education Facilities

If a person subject to a decision for admission to an educational rehabilitation school or compulsory education facility does not voluntarily comply with the decision or resists it, the competent public security agency shall apply preventive measures and necessary forced execution measures according to the law and guidelines of the Ministry of Public Security to compel that person to comply. If the act of resistance constitutes a criminal offense, criminal responsibility will be pursued.

Article 7. Search for Individuals Who Have Decisions for Admission to Educational Rehabilitation Schools and Compulsory Education Facilities but Have Escaped

Clause 1. If an individual who has a decision for admission to an educational rehabilitation school or compulsory education facility has escaped before implementing the decision at the educational rehabilitation school or compulsory education facility, the Head of the Public Security Office at the district where the decision was issued shall issue a search warrant.

Clause 2. For students who have escaped, the Principal of the educational rehabilitation school shall issue a search warrant; for inmates who have escaped, the Director of the compulsory education facility shall issue a search warrant. The time spent escaping from the educational rehabilitation school or compulsory education facility shall not be counted towards the period of implementation of the decision.

Clause 3. The agency issuing the search warrant shall be responsible for organizing the search for escapees; if the escapee resists, necessary forced execution measures according to the law may be applied to compel that person to comply.

Clause 4. People's Committees and public security agencies at all levels shall cooperate and assist the agencies mentioned in Clause 1 and Clause 2 of this Article in searching for escapees.

Upon discovering an individual with a search warrant, everyone must immediately report to the nearest public security agency or People's Committee, or deliver the individual to the nearest public security agency or People's Committee to transfer the individual to the public security agency at the district level.

Clause 5. When receiving the individual, the public security agency must prepare a record, take statements from that person, and immediately notify the agency that issued the search warrant so they can come to receive the individual.

Upon receiving the notification, the agency that issued the search warrant must send someone immediately to receive and bring the individual back to the educational rehabilitation school or compulsory education facility. A record must be prepared when transferring the individual. The transfer of the individual back to the educational rehabilitation school or compulsory education facility shall be carried out according to the law on administrative procedures for escorting individuals.

Clause 6. For individuals who have a decision for admission to an educational rehabilitation school but have not implemented it and have escaped, if they are found and are 18 years old or older, the Principal of the educational rehabilitation school shall request the People's Court at the district level where the educational rehabilitation school is located to consider and decide on applying the measure of admission to a compulsory education facility according to the law.

For students currently implementing a decision at an educational rehabilitation school who have escaped, if they are found and are 18 years old or older, the Principal of the educational rehabilitation school shall request the People's Court at the district level where the educational rehabilitation school is located to consider and decide on applying the measure of admission to a compulsory education facility according to the law.

Article 8. Transfer of files of persons subject to placement in educational centers or compulsory educational facilities with signs of criminal offenses for criminal responsibility pursuit

1. When examining the file proposing the application of measures for placement in educational centers or compulsory educational facilities, if it is found that the person's violation has signs of a crime, the competent authority must immediately transfer the file to the competent criminal proceedings agency.

In cases where the criminal proceedings agency suspends the investigation or discontinues the case, the decision to suspend the investigation or discontinue the case along with the file shall be transferred to the Head of the Justice Office at the district level. The Head of the Justice Office at the district level is responsible for checking the legality of the file and transferring it to the Head of the Public Security Department at the district level to transfer it to the People's Court at the district level for consideration and decision on applying measures for placement in educational centers or compulsory educational facilities.

2. For cases where there is already a decision on the application of measures for placement in educational centers or compulsory educational facilities, if it is later discovered that the person's violation has signs of a crime without exceeding the statute of limitations for criminal prosecution, the matter shall be handled as follows:

a) In cases where the decision has not yet been implemented, the Head of the Public Security Department at the district level where the People's Court issued the decision on placement in educational centers or compulsory educational facilities shall request the competent People's Court to reconsider and revoke that decision. Within three days from receiving the decision to revoke the decision on placement in educational centers or compulsory educational facilities, the file of the subject must be transferred to the competent criminal proceedings agency. If subsequently, there is a decision to suspend the investigation, discontinue the case, or the court declares them not guilty, then the criminal proceedings agency shall return the file to the People's Court for consideration and issuance of a decision on placement in educational centers or compulsory educational facilities for that person;

b) In cases where the person is currently implementing the decision at the educational center or compulsory educational facility, upon the request of the competent criminal proceedings agency, the Director of the educational center or the Director of the compulsory educational facility shall request the People's Court that issued the decision on placement in educational centers or compulsory educational facilities to reconsider and revoke the decision for that person. Within three days from receiving the decision to revoke the decision on placement in educational centers or compulsory educational facilities, the file must be transferred to the competent criminal proceedings agency. If subsequently, there is a decision to suspend the investigation, discontinue the case, or the court declares them not guilty, then the criminal proceedings agency shall return the file to the People's Court for consideration and issuance of a decision on placement in educational centers or compulsory educational facilities for that person.

Article 9. Criminal Responsibility Pursuit for Criminal Offenses Committed Before or During the Period of Implementation of Measures for Placement in Educational Centers or Compulsory Educational Facilities

1. In cases where it is discovered that a person subject to placement in educational centers or compulsory educational facilities commits a criminal offense before or during the period of implementation of the decision, the matter shall be handled as follows:

a) In cases where the decision has not yet been implemented, upon the request of the competent criminal proceedings agency, the Director of the educational center or the Director of the compulsory educational facility shall issue a decision to temporarily suspend the implementation of the decision on placement in educational centers or compulsory educational facilities and transfer the file to the competent criminal proceedings agency;

b) In cases where the person is currently implementing the decision at the educational center or compulsory educational facility, upon the request of the competent criminal proceedings agency, the Director of the educational center or the Director of the compulsory educational facility shall issue a decision to temporarily suspend the implementation of the decision for that person, while transferring the file and the person to the criminal proceedings agency and notifying the People's Court at the district level that issued the decision on their placement in educational centers or compulsory educational facilities.

2. In cases where there is a decision to suspend the investigation, discontinue the case, or the court declares them not guilty, the criminal proceedings agency shall return the subject to continue implementing the decision. Upon reacceptance, the Director of the educational center or the Director of the compulsory educational facility shall issue a decision to revoke the decision to temporarily suspend the application of measures for placement in educational centers or compulsory educational facilities issued by themselves.

3. In cases where the subject is sentenced to imprisonment by the court, the Director of the educational center or the Director of the compulsory educational facility must issue a decision to revoke the decision to temporarily suspend the application of measures for placement in educational centers or compulsory educational facilities issued by themselves.

Article 10. Temporarily removing students and inmates from educational centers and compulsory education facilities at the request of criminal proceedings agencies

1. When there is a request to temporarily remove students and inmates from educational centers and compulsory education facilities, the head of the criminal proceedings agency with authority must issue a written document sent to the principal of the educational center and the director of the compulsory education facility, specifying clearly the full name, date of birth, place of residence of the student or inmate, the reason and duration for temporarily removing them from the educational center or compulsory education facility. Based on the document from the criminal proceedings agency, the principal of the educational center and the director of the compulsory education facility shall issue a decision to temporarily remove the student or inmate from the educational center or compulsory education facility to participate in proceedings. The decision must specify clearly the full name, date of birth, place of residence of the student or inmate; the purpose, duration for temporarily removing the student or inmate from the educational center or compulsory education facility; the full name and position of the person signing the decision.

2. The agency requesting the temporary removal of students and inmates from educational centers and compulsory education facilities is responsible for transporting them and returning them according to the time limit specified in the decision or when the need no longer exists. A record must be made when handing over and receiving.

3. The duration of temporarily removing students and inmates from educational centers and compulsory education facilities is counted towards the period of execution of the decision at the educational center or compulsory education facility.

Chapter II

PROCEDURES FOR ESTABLISHING PETITION FILES, IMPLEMENTATION; MANAGEMENT REGIMES, EDUCATION; DIET, CLOTHING, LODGING, STUDYING,

 LIVING, WORKING, DISEASE PREVENTION, MEDICAL EXAMINATION AND TREATMENT AND OTHER REGIMES DIFFERENT FROM THOSE FOR STUDENTS AND INMATES

Section 1

PROCEDURES FOR ESTABLISHING PETITION FILES, IMPLEMENTATION; MANAGEMENT REGIMES, EDUCATION; DIET, CLOTHING, LODGING, STUDYING,

LIVING, WORKING, DISEASE PREVENTION, MEDICAL EXAMINATION AND TREATMENT AND OTHER REGIMES DIFFERENT FROM THOSE FOR STUDENTS

Article 11. Files and procedures for checking the legality of petition files proposing the application of measures to send individuals to educational centers

1. After completing the establishment of the petition file proposing the application of measures to send individuals to educational centers, the agency that established the file transfers the file to the Head of the Department of Justice of the district for checking its legality. The file includes:

a) A letter from the agency that established the petition file requesting the Head of the Department of Justice of the district to check the legality of the file;

b) All documents and papers contained in the petition file proposing the application of measures to send individuals to educational centers.

The transfer and receipt of the file must be recorded in a protocol.

2. After checking the legality in accordance with Article 17 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and enforcement measures of the Law on Handling Administrative Violations, the Head of the Department of Justice of the district returns the entire file to the Head of the Police Department of the district for consideration and decision on the proposal to the People's Court of the district to apply the measure of sending individuals to educational centers. The file includes:

a) Documents and papers as stipulated in Points a and b of Clause 1 of this Article;

b) A document checking the legality issued by the Head of the Department of Justice of the district.

The transfer and receipt of the file must be recorded in a protocol.

Article 12. Files and procedures for admitting individuals with decisions into educational centers

1. When admitting individuals into educational centers, a file must accompany them. The file includes:

a) The decision of the People's Court of the district regarding the application of the measure to send individuals to educational centers;

b) A summary of the personal history and acts violating the law of the individual subject to the measure of being sent to educational centers;

c) Identification and fingerprints of the individual subject to the measure of being sent to educational centers;

d) Copies of any previous educational decisions applied (if applicable);

đ) Decision entrusting family or organizations to manage the individual proposed for the measure of being sent to educational centers during the process of applying this measure (if applicable);

e) Other relevant documents concerning the personal background of the individual subject to the measure of being sent to educational centers (if applicable).

2. When transferring individuals with decisions to enter educational centers, a protocol must be established. The educational center must compare and verify the individual being transferred against the file and establish a protocol recording clearly the documents in the file, the current health status of the individual being transferred; personal belongings and other issues related to the transfer.

Article 13. Documents and procedures for requesting consideration and decision on postponement, reduction of duration, temporary suspension, or exemption from execution of the remaining time at the educational rehabilitation center

1. Documents and procedures for requesting consideration and decision on postponement of execution of the decision to send to the educational rehabilitation center

The person subject to execution of the decision or their legally authorized representative, if they believe that the conditions for postponing the execution of the decision are met, shall submit a petition to the Head of the Police Department of the district where the People's Court issued the decision, requesting the People's Court to consider and decide on postponement. The documents include:

a) A petition requesting postponement of execution of the decision to send to the educational rehabilitation center, clearly stating the reasons;

b) A letter requesting the People's Court to consider and decide on postponement of execution of the decision to send to the educational rehabilitation center;

c) A certificate from a hospital at the district level or higher confirming the serious illness of the person subject to execution of the decision, or a certificate from the Chairman of the People's Committee of the commune confirming that the family of the person subject to execution of the decision is experiencing special difficulties.

2. Documents and procedures for requesting consideration and decision on exemption from execution of the decision to send to the educational rehabilitation center

The person subject to execution of the decision or their legally authorized representative, if they believe that the conditions for exemption from execution of the decision are met, shall submit a petition to the Head of the Police Department of the district where the People's Court issued the decision, requesting the People's Court to consider and decide. The documents include:

a) A petition requesting exemption from execution of the decision to send to the educational rehabilitation center, clearly stating the reasons;

b) A letter requesting the People's Court to consider and decide on exemption from execution of the decision to send to the educational rehabilitation center;

c) One of the following documents:

- A certificate from a hospital at the district level or higher confirming the serious illness of the person subject to execution of the decision;

- A certificate from an authority with jurisdiction confirming that the person subject to execution of the decision is no longer addicted to drugs;

- A certificate from the Chairman of the People's Committee at the commune level or higher confirming significant progress in compliance with the law or commendation from the Chairman of the People's Committee at the district level or higher for meritorious service;

- A certificate from a competent authority at the provincial level or higher recognizing innovative ideas or technical improvements of value in labor;

- A certificate from a hospital confirming that the person subject to execution of the decision is pregnant.

3. Procedures for requesting consideration and decision on reduction of the duration of execution of the decision to send to the educational rehabilitation center, or exemption from execution of the remaining time at the educational rehabilitation center

If a student has completed half of the term and meets the conditions for reduction or exemption from execution of the remaining time at the educational rehabilitation center, the Principal of the educational rehabilitation center shall prepare the documents and request the People's Court of the district where the educational rehabilitation center is located to consider and decide on reduction or exemption from execution of the remaining time at the educational rehabilitation center.

4. Procedures for requesting consideration and decision on temporary suspension of execution of the decision to send to the educational rehabilitation center

If a student is seriously ill and is returned home for treatment, the Principal of the educational rehabilitation center shall prepare the documents and request the People's Court of the district where the educational rehabilitation center is located to consider and decide on temporary suspension of execution of the decision at the educational rehabilitation center.

Article 14. Management System for Students

1. Students must study, work, and live under the management and supervision of the educational rehabilitation center.

2. Based on the scale of each class in the educational rehabilitation center, the term of execution of the decision, personal characteristics, nature and degree of violation, health status, gender, age, and educational level of each student, the Principal of the educational rehabilitation center shall arrange them into teams, classes, groups, or clusters in accordance with the requirements of management and education. Each team and class must have a staff member of the educational rehabilitation center directly responsible.

Article 15. Food System for Students

The food standard for each student per month is as follows:

a) Rice: 17 kg;

b) Meat: 01 kg;

c) Fish: 01 kg;

d) Sugar: 0.5 kg;

đ) Fish sauce: 01 liter;

e) Monosodium glutamate: 0.1 kg;

g) Salt: 0.8 kg;

h) Green vegetables: 15 kg.

On public holidays and New Year's Day, students may have additional meals not exceeding three times the daily standard; during Tet (Lunar New Year), students may have additional meals not exceeding five times the daily standard. The Principal of the Educational Rehabilitation Center may adjust the aforementioned meal quantities to fit actual conditions to ensure that students consume their full monthly allowance. These food standards are calculated based on market prices in each locality. The food and rest system for sick students shall be determined by the Principal of the Educational Rehabilitation Center according to medical instructions.

2. The fuel standard for each student per month is equivalent to 15 kg of coal or 17 kg of firewood.

3. The water source for consumption and daily activities must be clean water as stipulated by the health sector. The Educational Rehabilitation Center must ensure the minimum food standard for students in accordance with regulations and guarantee food hygiene and safety.

Article 16. Clothing and Living Supplies for Students

1. The clothing and living supplies provided to each student annually are as follows:

a) Two sets of long pants and shirts; one set of school uniform;

b) Two sets of undergarments;

c) Three face towels;

d) Two pairs of plastic sandals;

đ) Three toothbrushes;

e) One raincoat;

g) One hard hat;

h) One cloth cap;

i) Two personal mats;

k) Every quarter, each student receives one tube of regular toothpaste weighing 150g, one kilogram of soap, and one bottle of regular shampoo weighing 200ml;

l) For students at Educational Rehabilitation Centers from Thua Thien Hue Province and beyond, each student receives an additional warm coat, two pairs of socks, one woolen hat, and a quilt weighing 2kg with a cover. Curtains, quilts, and blankets are provided to students upon admission to the Educational Rehabilitation Center. For students who must comply for twelve months or more, these items are provided twice;

m) For Educational Rehabilitation Centers from Da Nang Province and further south, each student receives one blanket.

2. Students are allowed to bring essential personal items into the Educational Rehabilitation Center as specified by the Ministry of Public Security. Female students are additionally provided with a monthly amount equivalent to 03 kg of regular rice based on local market prices to purchase necessary personal hygiene items.

Article 17. Accommodation for Students

1. Students are arranged to stay in dormitory rooms by class, team, group, or unit as appropriate for management and educational requirements. At night, students sleep in communal rooms with locked doors from the outside and staff on duty in residential areas.

2. The accommodation must ensure ventilation during summer and wind protection during winter, and maintain environmental hygiene.

Students are provided with beds or floor space. If the sleeping area is made of cement or ceramic tiles, wooden boards must be placed over the floor. The minimum lying area for each student is 2.5 square meters.²The accommodation areas for male and female students must be separate.
 

Article 18. Study and Living System for Students

1. Study System

a) Students study according to the curriculum of the Ministry of Education and Training. Compulsory education is mandatory for students who have not yet completed compulsory education. For other students, studies are organized based on their abilities and the actual conditions of the school. For students who dropped out before entering the Educational Rehabilitation Center without academic records, the Principal of the Educational Rehabilitation Center will cooperate with the Department of Education and Training of the district where the center is located to conduct written tests in literature and mathematics. Based on the test results, the Principal of the Educational Rehabilitation Center will decide on the appropriate placement for compulsory education. This decision replaces lost academic records for graduation purposes.

In addition to compulsory education, students must also study the civic education program, vocational guidance, vocational training, and other programs as prescribed by the Ministry of Public Security. Funding for vocational training is allocated according to the regulations of the Ministry of Labor, Invalids, and Social Affairs;

b) The cost of purchasing books, notebooks, and study materials for each student per month is equivalent to 07 kg of regular rice based on local market prices;

c) The Educational Rehabilitation Center is responsible for organizing mid-term exams, final exams, grade promotion exams, outstanding student selection exams, entrance exams for specialized classes, and issuing certificates or diplomas corresponding to the curriculum for students as stipulated by the Ministry of Education and Training;

d) Grade books, academic records, files, and related forms for teaching and learning at the Educational Rehabilitation Center must follow a unified model established by the Ministry of Education and Training and the Ministry of Public Security;

đ) Academic certificates and vocational training certificates issued by the Educational Rehabilitation Center are recognized as having the same value as those from general schools.

2. Living System

a) Outside of compulsory education, vocational training, and labor as required by law, the Educational Rehabilitation Center must organize cultural, artistic, physical exercise, sports, reading, watching television, and other recreational activities for students;

b) Each Educational Rehabilitation Center establishes a library; each branch establishes a reading room, play area, physical exercise and sports training room, and sports field for students to train physically; equipped with broadcasting and television systems. Each communal living room is equipped with a color television, and a Youth newspaper and another newspaper suitable for different age groups are distributed.

3. The Ministry of Public Security, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Education and Training prescribe the curriculum, certification, diploma issuance, teacher allocation for compulsory education and vocational training for Educational Rehabilitation Centers.

Article 19. Labor regime for students

1. Students aged from fifteen to under eighteen years old must participate in labor organized by the school outside their study hours. The educational rehabilitation center shall arrange work suitable to the health condition of the students to ensure normal physical, intellectual, and personality development.

2. Students shall not be employed in heavy, dangerous work, or work involving exposure to harmful substances, night work, or work that adversely affects the personality of the students as listed by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health.

3. The time for labor, study, and vocational training of students shall comply with the provisions of laws on child protection and care, education, and labor. Vocational training time counts towards labor time. Labor time shall not exceed study time. Students shall have rest days on Saturdays, Sundays, holidays, and Tet according to the law.

In addition to the general rest periods, students shall be granted leave when they are sick upon the prescription of a medical officer or doctor. When meeting relatives during labor or study, permission from authorized staff of the educational rehabilitation center shall be required.

4. For work requiring labor protection as stipulated by law, the educational rehabilitation center shall provide appropriate protective clothing and equipment in accordance with the requirements of the job. In case of student accidents, the educational rehabilitation center shall promptly organize rescue and handle necessary procedures to settle compensation benefits as prescribed by law.

Article 20. Management and utilization of labor results of the educational rehabilitation center

1. Management and utilization of labor results of the educational rehabilitation center

a) Labor results produced by students shall be managed by the educational rehabilitation center in accordance with the law;

b) After deducting reasonable expenses, the labor results of students shall be used to support students' studies, meals, living expenses, medical examinations, and treatment; to subsidize students working overtime or on rest days, to reward students with outstanding achievements, and to supplement the community integration fund for students;

c) Students may deposit the overtime subsidy, rest day earnings, and rewards for outstanding achievements with their relatives or use them according to regulations, or deposit them with the educational rehabilitation center for management and retrieve them upon completion of the decision.

2. The Ministry of Public Security and the Ministry of Finance shall specify the detailed management and utilization of labor results of the educational rehabilitation center.

Article 21. Reward and disciplinary measures for students

1. Students who achieve success in character cultivation, studies, labor, strict compliance with laws and internal rules of the educational rehabilitation center, or who perform meritorious acts shall be rewarded in the following forms:

a) Public commendation;

b) Being allowed to visit or exchange with other educational rehabilitation centers organized by the educational rehabilitation center;

c) Receiving commendation letters accompanied by monetary or tangible rewards;

d) Being granted five days off to visit family, excluding travel time, and a sum of money for food and transportation tickets. If a student does not return to the educational rehabilitation center after the reward period ends intentionally, coercive measures shall be applied; if they escape, the principal of the educational rehabilitation center shall issue a search warrant;

đ) Being recommended for consideration of reduction or exemption from the remaining time at the educational rehabilitation center.

2. Students currently serving a decision at the educational rehabilitation center who violate the law, internal rules of the educational rehabilitation center, shirk labor or studies, lack self-awareness in character cultivation, resist law enforcement officers, delay, evade, or escape from the educational rehabilitation center, or commit other violations shall be subject to administrative penalties, disciplinary actions, or criminal prosecution according to the law, depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law. The principal of the educational rehabilitation center has the authority to examine and decide on disciplinary actions against violating students in the form of warnings or isolation from other students for a maximum of five days.

3. Decisions on rewards or disciplinary actions must be in writing, signed by the principal of the educational rehabilitation center, and filed in the student's record.

Article 22. Health Examination and Treatment for Students

1. Educational Reform Schools must organize regular health check-ups for all students every six months and continuously implement preventive measures against epidemics; carry out drug rehabilitation measures, prevent and control the spread of HIV/AIDS and other infectious diseases among students. The monthly medical examination and treatment expenses for each student shall be equivalent to 04 kilograms of ordinary rice calculated based on the market price in each locality. The funding for drug rehabilitation and HIV/AIDS treatment for students shall be provided according to the budget allocated by the State for such facilities, based on the proposal of the Ministry of Public Security.

2. Sick students shall be treated at the school's healthcare facility. In cases where a student's illness is severe and exceeds the treatment capacity of the school's healthcare facility, they shall be transferred to a hospital or sent back home for treatment. If a student is temporarily suspended from school to return home for treatment, their family shall bear all medical examination and treatment costs.

3. In cases where a severely ill student needs long-term treatment at a hospital, within seven days from the date of transferring the student to the hospital, the School Principal must report to the Criminal Enforcement and Judicial Assistance Bureau and inform the parents or guardians of the student. Medical examination and treatment costs for students shall be covered by the state budget. The Educational Reform School shall directly settle hospital fees for the treating hospital. During hospitalization, the school has the responsibility to care for and cooperate with the student's family to care for them; the school has the responsibility to strictly manage, preventing the student from escaping or violating the law.

In cases where a student exhibits unusual neurological symptoms, the School Principal shall issue a letter to the Central Mental Hospital in the region and send an officer to accompany the student for a mental assessment. The Central Mental Hospital in the region shall be responsible for assessing the student according to the request of the School Principal and provide a written conclusion to follow legal procedures.

In cases where a student suffers injuries due to work accidents, natural disasters, or fires, the School Principal must process the necessary procedures to provide compensation to the student as stipulated.

The time spent by a student on medical treatment shall be counted towards the execution period of the decision. One day of medical treatment counts as one day of executing the decision.

Article 23. Handling Cases of Student Death

1. When a student dies, the School Principal must immediately notify the Investigation Police Department, the People's Procuratorate of the district, the People's Committee of the commune where the Educational Reform School is located, the nearest healthcare facility to come and record the cause of death, invite students from the school to witness, and complete the death registration procedures with local authorities, and inform the relatives of the student. Subsequently, the death certificate must be sent to the relatives of the deceased student (if applicable) and the People's Court of the district that issued the decision to place the person in the Educational Reform School, and the People's Committee of the commune that proposed the placement of the person in the Educational Reform School. In cases where a student dies while receiving treatment at a state healthcare facility at the district level or higher, the healthcare facility is responsible for notifying and sending the death certificate to the Educational Reform School.

In cases where a student dies due to HIV/AIDS, with a conclusion from a healthcare facility at the district level or higher, the School Principal shall invite representatives from the Investigation Police Department, the People's Procuratorate of the district, the People's Committee of the commune where the Educational Reform School is located, the healthcare facility, and the relatives or legal representatives of the deceased student (if applicable) to record the incident according to regulations without requiring a forensic examination.

2. Within 24 hours from completing the procedures stipulated in Clause 1 of this Article, the School Principal is responsible for organizing the burial of the body, sending the death notice to the relatives or legal representatives of the deceased student (if applicable) and the People's Committee of the commune that proposed the placement of the person in the Educational Reform School. Burial expenses shall be covered by the state budget.

3. In cases where the relatives or legal representatives of the deceased person submit a request to transport the body for burial or to retrieve the remains that have been buried for three years or more for burial, the School Principal shall consider and decide. The request must be confirmed by the People's Committee of the commune where the person resides and must commit to complying with legal provisions regarding security, public order, and environmental hygiene.

Article 24. Visiting, Meeting with Relatives, Receiving and Sending Letters, Money, and Gifts for Students

1. Students are allowed to meet relatives at the visiting room of the educational institution, may communicate with family members via telephone, and must comply with the regulations stipulated in this Decree and the guidelines issued by the Ministry of Public Security regarding visits and telephone communications.

2. Visitors to students must present their Identity Card. In cases where they stay overnight at the educational institution, they must obtain the approval of the Director of the educational institution.

3. Students are permitted to receive and send letters, receive money, and gifts (excluding alcohol, tobacco, stimulants, prohibited cultural products, and other banned items). The educational institution is responsible for inspecting letters, monitoring the content of telephone conversations, and examining gifts before handing them over to students. Specifically, money or valuable papers must be deposited with the institution's safekeeping department and used according to the regulations of the Ministry of Public Security.

Article 25. Handling Cases Where Students Have Family Bereavement or Other Urgent Situations

When there is a family bereavement or other urgent situation, and the family or guardian has submitted a request for leave confirmed by the People's Committee of the commune, the Director of the educational institution may grant the student leave to return home for no more than five days, excluding travel time. The time spent at home is counted towards the execution period of the decision.

Section 2

PROCEDURES FOR ESTABLISHING PETITION FILES, IMPLEMENTATION; MANAGEMENT REGIMES, EDUCATION; DIET, CLOTHING, LODGING, STUDYING,

LIFE, LABOR, DISEASE PREVENTION, MEDICAL EXAMINATION AND TREATMENT, AND OTHER REGULATIONS FOR DETAINees

Article 26. Documentation and Procedures for Legal Review of Applications for Compulsory Educational Institution Measures

After completing the application documentation for compulsory educational institution measures, the agency that prepared the documentation transfers it to the Head of the Department of Justice of the district for a legal review of the documentation. If the Head of the Police Department of the district where the compulsory drug rehabilitation facility is located receives the application documentation for compulsory educational institution measures from the Director of the compulsory drug rehabilitation facility, the Head of the Police Department sends the documentation to the Head of the Department of Justice of the district for a legal review of the documentation. The documentation and procedures for the legal review of applications for compulsory educational institution measures shall be carried out in accordance with Article 11 of this Decree.

Article 27. Documentation and Procedures for Delivering Individuals Subject to Compulsory Educational Institution Measures

1. When delivering individuals subject to compulsory educational institution measures, accompanying documentation must be provided. The documentation includes:

a) The decision of the People's Court on the application of compulsory educational institution measures;

b) The decision to entrust family or organizations to manage the individual proposed for compulsory educational institution measures during the processing period (if applicable);

c) A summary of the individual's criminal record and illegal acts;

d) Copies of any previous educational decisions applied (if applicable);

d) The identity card and passport of the individual subject to compulsory educational institution measures;

e) Any other necessary documents related to the individual's personal information and to facilitate management and education (if applicable).

2. Upon receiving individuals subject to compulsory educational institution measures, the receiving party must compare and verify the individual against the documentation, Identity Card, and other personal identification documents, and prepare a handover record detailing the contents of the documentation, the current health status of the individual being handed over, personal belongings and other issues related to the handover.

Article 28. Documents and procedures for requesting consideration and decision on postponement, reduction of duration, temporary suspension, or exemption from execution of the entire or remaining period at compulsory educational facilities

1. Documents and procedures for requesting consideration and decision on postponing the execution of the decision to send to compulsory educational facilities

The person subject to execution of the decision or their legally authorized representative, if they believe that the conditions for postponing the execution of the decision are met, shall submit a petition to the Head of the Police Department of the district where the People's Court issued the decision, requesting the People's Court to consider and decide on postponement. The documents include:

a) A request letter clearly stating the reasons for postponement;

b) A letter requesting the People's Court to consider and decide on postponing the execution of the decision;

c) A certificate from a hospital at district level or higher confirming the serious illness of the person subject to the decision, or a certificate from the Chairman of the Commune People's Committee confirming that the family of the person subject to the decision is experiencing special difficulties.

2. Documents and procedures for requesting consideration and decision on exempting from execution of the decision to send to compulsory educational facilities

The person subject to the decision or their lawful representative, if they believe they meet the conditions for exemption from execution of the decision, shall submit a request to the Head of the Police Department at the district where the People's Court issued the decision, requesting the People's Court to consider and decide on exempting from execution of the decision. The documents include:

a) A request letter clearly stating the reasons for exemption;

b) A letter requesting the People's Court to consider and decide on exempting from execution of the decision to send to compulsory educational facilities;

c) One of the following documents:

- A certificate from a hospital at the district level or higher confirming the serious illness of the person subject to execution of the decision;

- A certificate from an authority with jurisdiction confirming that the person subject to execution of the decision is no longer addicted to drugs;

- A certificate from the Chairman of the People's Committee at the commune level or higher confirming significant progress in compliance with the law or commendation from the Chairman of the People's Committee at the district level or higher for meritorious service;

- A certificate from a competent authority at the provincial level or higher recognizing innovative ideas or technical improvements of value in labor;

- A certificate from a hospital confirming that the person subject to execution of the decision is pregnant.

3. Procedures for requesting consideration and decision on reducing the duration of execution of the decision to send to compulsory educational facilities, or exempting from execution of the remaining period at compulsory educational facilities

If a detainee has served half of the term and meets the conditions for reducing or exempting from execution of the remaining period at compulsory educational facilities, the Director of the compulsory educational facility shall prepare the documents to request the People's Court at the district where the compulsory educational facility is located to consider and decide on reducing or exempting from execution of the remaining period.

4. Procedures for requesting consideration and decision on temporarily suspending the execution of the decision to send to compulsory educational facilities

If a detainee is seriously ill and is allowed to return home, the Director of the compulsory educational facility shall prepare the documents to request the People's Court at the district where the compulsory educational facility is located to consider and decide on temporarily suspending the execution of the decision at the compulsory educational facility.

Article 29. Management system for detainees

1. Detainees must study, work, and live under the management and supervision of the compulsory educational facility.

2. Based on the number of detainees, the duration of execution of the decision, personal characteristics, nature and degree of violation, health status, gender, and age of each type of individual, the Director of the compulsory educational facility shall take measures to organize management and education for detainees in accordance with the regulations of the Ministry of Public Security.

Article 30. Dietary standards for detainees

1. Monthly dietary standards for detainees are as follows:

a) Rice: 17 kg;

b) Meat or fish 1.5 kg;

c) Sugar 0.5 kg;

d) Fish sauce 1 liter;

đ) Monosodium glutamate 0.1 kg;

e) Salt 1 kg;

g) Green vegetables 15 kg.

On public holidays and New Year's Day, they may have up to three additional standard meals; during Tet (Lunar New Year), they may have up to five additional standard meals. The Director of the compulsory educational facility may adjust the quantities mentioned above to ensure that the detainees consume the full standard according to actual circumstances. For those engaged in heavy labor or working in hazardous environments, the standard may be increased by 15%. These dietary standards are calculated based on local market prices; the diet and rest of sick detainees are determined by the Director of the compulsory educational facility according to medical instructions.

2. Monthly fuel consumption standards for detainees are equivalent to 15 kg of coal or 17 kg of firewood.

3. Water used for drinking, eating, and daily activities must be clean water as stipulated by the health sector. The compulsory educational facility must ensure that the minimum dietary standards for detainees comply with regulations and guarantee food hygiene and safety.

Article 31. Clothing and Living Supplies for Detainees

1. The annual clothing and living supplies for detainees shall be provided as follows:

a) Two sets of long pants and shirts;

b) Two sets of undergarments;

c) Two towels;

d) One pair of shoes;

đ) Two toothbrushes;

e) Two personal mats;

g) One raincoat;

h) One hat for rain and sun protection;

i) Every quarter, one tube of toothpaste weighing 150 grams and 0.6 kilograms of soap shall be provided;

k) Every two years, one wool blanket and one mosquito net shall be provided;

For detainees at compulsory educational facilities from Thua Thien Hue and northward, an additional warm coat and one quilt up to a maximum weight of 2 kilograms shall be provided upon entry into the facility. For detainees serving more than twelve months, these items shall be provided twice.

For detainees from Da Nang and southward, one bedspread shall be provided.

2. Detainees may bring essential personal items into compulsory educational facilities as stipulated by the Ministry of Public Security. Female detainees shall be provided with personal hygiene money equivalent to three kilograms of rice based on the market price of each locality monthly.

Article 32. Housing for Detainees

1. Detainees shall be accommodated in collective dormitories according to teams, groups, or clusters suitable for management and educational requirements for different types of individuals. At night, detainees sleep in collectively locked rooms with compulsory educational facility staff on duty in residential areas.

2. The accommodation must ensure ventilation during summer and wind protection during winter, and maintain environmental hygiene.

Detainees shall be provided with beds or floors to lie on. If the lying area is made of cement or glazed tiles, wooden boards must be placed over the floor. The minimum lying area for each detainee is 2.5 square meters.²The accommodation areas for male and female students must be separate.

Article 33. Study and Living Conditions for Detainees

1. Study System

a) Detainees shall study citizenship education programs once a week for four hours and other education programs specified by the Ministry of Public Security;

b) Illiterate detainees must study literacy courses twice a week for four hours each session;

c) Based on specific conditions, the Director of the compulsory educational facility may arrange time for cultural studies for different subjects and organize work combined with vocational training for detainees;

d) Monthly funding for cultural studies, vocational training, and civic education for each detainee is equivalent to five kilograms of rice based on the market price of each locality.

2. Living System

a) Detainees shall participate in physical exercise, sports, cultural, artistic activities, entertainment; they can read books, listen to the radio, hear current events and policies broadcasted, and watch television according to the regulations of the Ministry of Public Security;

b) Each compulsory educational facility shall establish one library, one recreational area, and one sports field. Thirty detainees shall receive one copy of the People's Newspaper and one copy of the Vietnam Law Newspaper. Each residential area shall be equipped with a broadcasting system or one cable television system, and each collective dormitory shall be equipped with one color television set.

3. The Ministry of Public Security, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Education and Training shall specify the curriculum, issue certificates and diplomas, and arrange teachers for cultural and vocational training for compulsory educational facilities.

Article 34. Work Conditions for Detainees

1. Detainees shall work eight hours a day and have rest days on Saturdays, Sundays, holidays, and Tet according to the law. In case of urgent work, the Director of the compulsory facility may require detainees to work overtime but not exceeding two hours in a day and must arrange compensatory rest.

2. Detainees must complete assigned work quotas. Beyond daily working hours as prescribed, compulsory educational facilities may allow detainees to work extra hours to improve their living conditions according to their wishes but must comply with legal regulations.

3. For jobs requiring labor protection as stipulated by law, compulsory educational facilities are responsible for providing appropriate protective clothing and equipment according to job requirements. In cases of night shifts, overtime work due to urgent needs, hazardous work conditions, or heavy labor, additional allowances shall be provided according to regulations.

4. In case of work-related accidents, compulsory educational facilities must promptly organize rescue and treatment and complete necessary procedures to settle compensation benefits according to the law.

Article 35. Management and Use of Labor Results at Compulsory Educational Facilities

1. Compulsory educational facilities shall manage labor results to cover expenses for medical examinations and treatments, partially compensate for food and living expenses of inmates, reward inmates with achievements in labor and study; supplement welfare funds; establish community integration funds. Inmates who exceed assigned labor targets will be entitled to use part of those results.

2. The Ministry of Public Security and the Ministry of Finance shall provide detailed regulations on the management and use of labor results at compulsory educational facilities.

Article 36. Reward and Punishment System for Inmates

1. Inmates who achieve success in training, studying, and strictly comply with laws and internal regulations of compulsory educational facilities shall be rewarded through forms such as commendation, monetary or material rewards, increased number of visits from family members, and consideration for reduction or exemption from remaining execution time.

2. Inmates who violate laws, internal regulations of compulsory educational facilities, obstruct law enforcement officers, delay or evade execution, shirk labor and study, fail to voluntarily correct mistakes, frequently fail to meet assigned labor quotas, escape from compulsory educational facilities shall be disciplined according to the nature and degree of violation through forms such as warning, limiting visitations from family members, restricting gift receipt or isolation from other inmates for five to ten days; they may also face administrative penalties or criminal prosecution; if damage is caused, they must compensate for it according to the law.

In cases where violations do not reach the level requiring criminal prosecution but have been educated and disciplined multiple times, and still refuse to correct their behavior upon completion of the education period at compulsory educational facilities, provisions of Clause 2 and Clause 3, Article 101 of the Law on Handling Administrative Violations shall apply.

The Ministry of Public Security shall provide specific guidelines for establishing files for admission to compulsory educational facilities in such cases.

3. Decisions on rewards or punishments must be in writing, signed by the Director of the compulsory educational facility, and kept in the inmate's file.

Article 37. Medical Examination and Treatment for Inmates

1. Compulsory educational facilities must regularly organize health check-ups for inmates and continuously implement preventive measures against diseases; carry out drug rehabilitation programs, prevent and control HIV/AIDS and infectious diseases among inmates. Monthly medical examination and treatment costs for each inmate are equivalent to two kilograms of regular rice priced according to local market prices. Funding for drug rehabilitation and HIV/AIDS treatment for inmates is based on state-provided budget standards for rehabilitation centers, upon proposal by the Ministry of Public Security.

2. Inmates who fall ill shall be treated at the medical facility within the compulsory educational facility. If an inmate's illness is severe and exceeds the treatment capacity of the facility's medical unit, they shall be transferred to a hospital or returned home for treatment. If an inmate is temporarily suspended for home treatment, their family must bear all medical examination and treatment costs.

3. For inmates who need long-term hospitalization due to serious illness, within seven days from the date of hospital admission, the Director of the compulsory educational facility must report to the Criminal Enforcement and Judicial Assistance Bureau and inform the inmate's relatives. Hospital examination and treatment costs for inmates are covered by the state budget. The compulsory educational facility directly pays hospital fees for the treating hospital. During the inmate's hospital stay, the facility is responsible for care and coordination with the inmate's family for care. The facility is responsible for strict management to prevent inmate escapes or law violations.

In cases where inmates exhibit abnormal mental symptoms, the Director of the compulsory educational facility must send a letter to the Central Mental Hospital in the region and dispatch staff to escort the inmate for mental evaluation. The Central Mental Hospital in the region is responsible for conducting mental evaluations for inmates upon request by the Director of the compulsory educational facility and issuing a written conclusion for legal procedures.

In cases where inmates suffer injuries from work accidents, natural disasters, or fires, the Director of the compulsory educational facility must process procedures to implement compensation according to regulations.

Time spent by inmates receiving medical treatment counts towards the execution period. One day of medical treatment counts as one day of execution period.

Article 38. Handling Cases of Detainees' Death

1. When a detainee dies, the Director of the Compulsory Education Facility must immediately report to the Criminal Investigation Agency, the People's Procuracy at the district level, the People's Committee at the commune level where the Compulsory Education Facility is located, and the nearest healthcare facility to come and record the cause of death, with a witness from the Compulsory Education Facility present, and to handle the death registration procedures with the local authorities, notify the deceased's relatives, and send the death certificate to the relatives of the deceased detainee (if any), and inform the People's Court at the district level that issued the decision to place the person in the Compulsory Education Facility and the People's Committee at the commune level that prepared the proposal for such placement. If the detainee dies while being treated at a state healthcare facility at the district level or higher, the healthcare facility is responsible for notifying and sending the death certificate to the Compulsory Education Facility.

In cases where the detainee dies due to HIV/AIDS, with a conclusion from a healthcare facility at the district level or higher, the Director of the Compulsory Education Facility shall invite representatives of the Criminal Investigation Agency, the People's Procuracy at the district level, the People's Committee at the commune level where the Compulsory Education Facility is located, the healthcare facility, and the lawful representative of the deceased detainee (if any) to record the incident according to regulations without requiring forensic examination.

2. Within 24 hours from completing the procedures stipulated in Clause 1 of this Article, the Director of the Compulsory Education Facility is responsible for organizing the burial of the body, sending the death notice to the relatives of the detainee and the People's Committee at the commune level that prepared the proposal for placing the person in the Compulsory Education Facility. The burial expenses are covered by the state budget.

3. In cases where the deceased's relatives request to bring the body back for burial or to bring back the remains that have been buried for three years or more for burial, the Director of the Compulsory Education Facility shall consider and decide. The application must be confirmed by the People's Committee at the commune level where the person resides and must commit to complying with all legal provisions on security, public order, and environmental hygiene.

Article 39. Visiting Rights, Receiving and Sending Letters, Receiving Money and Gifts of Detainees

1. Detainees may meet their relatives twice a month, each visit not exceeding two hours at the visiting house of the Compulsory Education Facility and must comply with the visiting regulations. For longer visits, approval from the Director of the Compulsory Education Facility is required, but not exceeding four hours.

Detainees who make significant efforts in labor, study, and strictly adhere to laws and internal regulations of the Compulsory Education Facility may be allowed by the Director of the Compulsory Education Facility to meet their spouse up to 48 hours and stay overnight at the visiting house of the Compulsory Education Facility.

2. Visitors to detainees must present their Identity Card and an application confirmed by the People's Committee at the commune level where they reside or their workplace. Staying overnight at the Compulsory Education Facility requires approval from the Director of the Compulsory Education Facility; if it is a spouse visiting and staying overnight, a marriage certificate must also be provided.

3. Detainees may receive and send letters, receive money and gifts (excluding alcohol, tobacco, stimulants, prohibited items, and cultural products); they may communicate with domestic relatives via telephone once or twice a month, each call not exceeding five minutes. The Compulsory Education Facility is responsible for inspecting letters, monitoring the content of telephone conversations, and inspecting gifts before handing them over to the detainee. Specifically, money or valuable papers must be deposited with the custody department of the Compulsory Education Facility and used according to the regulations of the Ministry of Public Security.

Article 40. Handling Cases Where Detainees Have Bereavement of Relatives or Other Urgent Circumstances

When there is bereavement of relatives in the family or other urgent circumstances, and when the family has submitted a request for bail confirmed by the People's Committee of the commune, the Director of the Compulsory Education Facility may consider allowing the detainee to return home for no more than five days, excluding travel time. The time spent at home shall be counted towards the execution period of the decision.

Section 3

EXPIRATION OF THE ENFORCEMENT PERIOD FOR PLACING IN A REHABILITATION SCHOOL OR COMPULSORY EDUCATION FACILITY; REINTEGRATION INTO SOCIETY

COMPULSORY EDUCATION ESTABLISHMENTS; COMMUNITY REINTEGRATION

Article 41. Expiration of the Enforcement Period for Placing in a Rehabilitation School

1. At least fifteen days before the expiration of the enforcement period for placing in a rehabilitation school, the Principal of the rehabilitation school shall have the responsibility to notify the People's Court of the district where the decision was made, the People's Committee of the commune where the file was established, and the parents or guardians of the student about the date of the student's release from the school.

2. Upon completion of the execution of the decision, the Principal of the rehabilitation school shall issue a Certificate of Completion of Placement in a Rehabilitation School to that person and send a copy to the Criminal Enforcement and Legal Aid Bureau, the People's Court of the district where the decision was made, the People's Committee of the commune where the file was established, and the parents or guardians of that person.

In cases where the decision has been completed but the student has not truly progressed, the Principal of the rehabilitation school must provide a separate assessment and recommend further management and educational measures to be sent to the Chairman of the People's Committee of the commune where the file was established.

3. For students under eighteen years old who have completed the decision without clear information on their parents, place of residence, or support, they shall be returned to a local social welfare facility where the rehabilitation school is located.

4. For students under sixteen years old who have completed the decision and are sick or ill until the day of release and have no relatives to pick them up, the Principal of the rehabilitation school shall be responsible for assigning staff to escort them back to their families or to the People's Committee of the commune where the file was established. Relatives of the person who has completed the decision or the Chairman of the People's Committee of the commune where the file was established shall be responsible for receiving that person.

5. Persons who have completed the decision shall be returned money and items deposited, academic certificates and vocational training certificates (if any); shall be provided with travel expenses, food allowance, and a set of regular clothes (if they do not have any), and must return bedding, quilts, mosquito nets, and equipment and facilities for study, work, and daily life that were lent by the rehabilitation school; if lost, compensation must be paid.

6. Within five days from the date of returning to the locality, persons who have completed the decision must report to the People's Committee of the commune and the police agency at the same level where they reside.

Article 42. Expiration of the Enforcement Period for Placing in a Compulsory Education Facility

1. At least fifteen days before the expiration of the enforcement period for placing in a compulsory education facility, the Director of the Compulsory Education Facility shall have the responsibility to notify the People's Court of the district where the decision was made, the People's Committee of the commune where the file was established, and the parents, spouse, or close relatives of the detainee about the date of the detainee's release from the compulsory education facility.

2. Upon completion of the execution of the decision, the Director of the Compulsory Education Facility shall issue a Certificate of Completion of Placement in a Compulsory Education Facility to that person and send a copy to the Criminal Enforcement and Legal Aid Bureau, the People's Court of the district where the decision was made, the People's Committee of the commune where the file was established, and the parents, spouse, or close relatives of that person.

In cases where the decision has been completed but the person has not truly progressed, the Director of the Compulsory Education Facility must provide a separate assessment and recommend further management and educational measures to be sent to the Chairman of the People's Committee of the commune where the file was established.

3. Persons who have completed the decision shall be returned money and items deposited, academic certificates and vocational training certificates (if any); shall be provided with travel expenses, food allowance, and a set of regular clothes (if they do not have any), and must return bedding, quilts, mosquito nets, and equipment and facilities for study, work, and daily life that were lent by the compulsory education facility; if lost, compensation must be paid.

4. Within five days from the date of returning to the locality, persons who have completed the decision must report to the People's Committee of the commune and the police agency at the same level where they reside.

Article 43. Community Reintegration

1. Two months before students and inmates complete their execution of the decision, the Principal of the educational institution for correction, the Director of the compulsory education facility shall notify the Police at the district level and the People's Committee at the commune level where they reside to proactively monitor, educate, and assist them in reintegrating into the community; organize the dissemination of policies, laws, information on economic and social conditions, labor market, provide counseling, life skills education, psychological support, and assistance with legal procedures to equip necessary knowledge, enhance their ability to independently resolve difficulties and obstacles.

The Ministry of Public Security shall guide the activities of counseling, disseminating policies, laws, information on economic and social conditions, life skills education, labor market, and legal assistance for students and inmates.

2. Educational institutions for correction and compulsory education facilities shall establish a Community Reintegration Fund from the revenue derived from the labor results of students and inmates as stipulated in this Decree to support their community reintegration activities upon completion of the decision.

The Ministry of Public Security and the Ministry of Finance shall specify in detail the establishment, management, and utilization of the Community Reintegration Fund.

Article 44. Measures for Community Reintegration

1. Measures for community reintegration for individuals who have completed the execution of the decision to be placed in a compulsory education facility

a) Information and communication campaigns aimed at guiding, encouraging, and motivating education, assistance, and the elimination of prejudice, discrimination, and unequal treatment towards individuals who have completed the execution of the decision to be placed in a compulsory education facility, helping them stabilize their lives and reintegrate into the community;

b) Individuals who have completed the execution of the decision to be placed in a compulsory education facility shall be monitored, assisted, and educated by local authorities and social organizations from the time they complete the decision until they are considered not to have been administratively sanctioned according to Articles 7 and 137 of the Law on Handling Administrative Violations;

The content of monitoring, education, and assistance includes: organizing reception work; assigning organizations and individuals responsible for monitoring, educating, and assisting those who have completed the decision; providing counseling and assistance with psychological issues and legal procedures; guiding registration of residence, issuance of Identity Cards, and issuance of Criminal Record Certificates; monitoring those who have completed the decision; guiding compliance with laws and civic duties; detecting, preventing, and handling violations of the law; providing financial support, loans, organizing training, vocational training, job search, and introduction; creating necessary conditions to help those who have completed the decision stabilize their lives, integrate into the community, and avoid recidivism;

c) Those who have completed the decision shall be given priority in vocational training and employment based on their health condition, professional skills, labor demand, and actual conditions of the locality; they may be considered for support in obtaining loans from social policy banks, local social funds, charitable funds, and partial funding support for those in particularly difficult circumstances and policy families to create jobs, labor, production, and business;

d) The State encourages agencies, units, organizations, and individuals to participate in activities such as counseling, vocational training, job introduction, and assistance to those who have completed the decision to reintegrate into the community; encourages the acceptance of those who have completed the decision into work in various agencies, organizations, production and business establishments;

2. Measures for community reintegration for individuals who have completed the execution of the decision to be placed in an educational institution for correction

a) The community reintegration of individuals who have completed the execution of the decision to be placed in an educational institution for correction shall be implemented according to the provisions of Clause 1 of this Article;

b) Minors who have completed the decision shall be prioritized for cultural education, vocational training, employment resolution, legal assistance, and loan support for study, job search, and stabilization of life.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES IN ORGANIZING AND IMPLEMENTING

MEASURES FOR EDUCATIONAL INSTITUTIONS FOR CORRECTION AND COMPULSORY EDUCATION FACILITIES

Article 45. Responsibilities of the Ministry of Public Security

1. Uniformly manage educational centers for correction, compulsory education facilities, and direct and guide public security units at all levels, educational centers for correction, and compulsory education facilities throughout the country to implement measures for placement in educational centers for correction and compulsory education facilities.

2. Issue guiding documents, internal regulations for educational centers for correction, internal regulations for compulsory education facilities, and necessary forms to organize implementation.

3. Regularly urge, inspect, and supervise the implementation of measures for placement in educational centers for correction and compulsory education facilities to ensure that such activities comply with the provisions of the law.

4. Coordinate with the Supreme People's Court, the Ministry of Finance, the Ministry of Health, the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and other relevant ministries and sectors, provincial people's committees, and related agencies and organizations to effectively implement measures for placement in educational centers for correction and compulsory education facilities.

Article 46. Responsibilities of the Ministry of Health

Coordinate with the Ministry of Public Security to guide disease prevention and control, medical examination and treatment, and regular health check-ups for individuals subject to placement in educational centers for correction and compulsory education facilities.

Article 47. Responsibilities of the Ministry of Education and Training

Coordinate with the Ministry of Public Security to develop educational programs for educational centers for correction and compulsory education facilities; direct the Department of Education and Training to guide, inspect the quality of study, organize exams, and issue diplomas, certificates, or graduation certificates corresponding to the curriculum for students and inmates, and support textbooks and teacher training for educational centers for correction and compulsory education facilities; create conditions for students to continue their studies at their place of residence upon release from the facility.

Article 48. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

Coordinate with the Ministry of Public Security in developing vocational education programs, providing guidance, organizing vocational training, and implementing labor insurance regimes for inmates according to the law; facilitating community integration for students and inmates.

Article 49. Responsibilities of Provincial People's Committees

1. Allocate land for the construction of educational centers for correction and compulsory education facilities, provide material support, and create favorable conditions for these facilities located within their jurisdiction during the construction and operation phases.

2. Regularly guide and direct district and commune-level people's committees and related functional agencies within their jurisdiction to effectively implement measures for placement in educational centers for correction and compulsory education facilities.

3. Direct district-level people's committees under their management to promptly resolve complaints and reports regarding the application of measures for placement in educational centers for correction and compulsory education facilities in accordance with the law.

4. Promptly and strictly handle disciplinary actions against individuals who commit violations in the application of measures for placement in educational centers for correction and compulsory education facilities within their jurisdiction.

5. Direct lower-level people's committees to support and create favorable conditions for educational centers for correction and compulsory education facilities and adopt policies to assist individuals who have completed their sentences in finding employment, stabilizing their lives, and integrating into the community.

6. Direct social welfare institutions to accept individuals without a known place of residence who are minors or elderly and unable to work after completing their sentences in educational centers for correction and compulsory education facilities.

Chapter IV

IMPLEMENTING PROVISIONS

Article 50. Effective Date

1. This Decree takes effect from February 25, 2014.

2. This Decree replaces Decree No. 142/2003/NĐ-CP dated November 24, 2003 on the application of administrative measures for placement in educational centers for correction; Decree No. 66/2009/NĐ-CP dated August 1, 2009 amending and supplementing certain articles of Decree No. 142/2003/NĐ-CP dated November 24, 2003 on the application of administrative measures for placement in educational centers for correction; Decree No. 76/2003/NĐ-CP dated June 27, 2003 on the application and detailed guidance for placement in compulsory education facilities; Decree No. 125/2008/NĐ-CP dated December 11, 2008 amending and supplementing certain articles of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on the application and guidance for placement in compulsory education facilities; Decree No. 118/2010/NĐ-CP dated December 29, 2010 amending and supplementing certain articles of decrees on the application of measures for placement in compulsory education facilities and educational centers for correction.

Article 51. Responsibility for Implementation

Ministers, heads of ministerial-level agencies equivalent to ministries, heads of government-affiliated agencies, and chairpersons of provincial and centrally-administered city people's committees are responsible for enforcing this Decree./.