Joint Circular No. 03/2025/TTLT-BCA-VKSNDTC-TANDTC stipulates on handling certain issues related to the application of administrative measures for placement in educational centers, compulsory education facilities, compulsory drug rehabilitation centers, and measures for placement in compulsory drug rehabilitation centers for individuals aged from 12 to under 18 years old when restructuring state organizational structures.

JOINT CIRCULAR

Regulations on handling certain issues related to the application of administrative measures for placement in educational centers, compulsory education facilities, compulsory drug rehabilitation centers, and measures for placement in compulsory drug rehabilitation centers for individuals addicted to drugs aged from 12 to under 18 years old when restructuring state organizational structures

educational centers, compulsory education facilities, compulsory drug rehabilitation centers

compulsory drug rehabilitation centers

for individuals addicted to drugs aged from 12 to under 18 years old

when restructuring state organizational structures

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;

The Minister of Public Security, the Prosecutor General of the Supreme People's Procuracy, and the President of the Supreme People's Court issue this Joint Circular regulating the handling of certain issues related to the application of administrative measures for placement in educational centers, compulsory education facilities, compulsory drug rehabilitation centers, and measures for placement in compulsory drug rehabilitation centers for individuals addicted to drugs aged from 12 to under 18 years old when not organizing county-level public security agencies and transferring responsibilities for state management of drug rehabilitation and post-rehabilitation management to the Ministry of Public Security.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Joint Circular regulates the handling of certain issues related to the application of administrative measures for placement in educational centers, compulsory education facilities, compulsory drug rehabilitation centers, and measures for placement in compulsory drug rehabilitation centers for individuals addicted to drugs aged from 12 to under 18 years old when not organizing county-level public security agencies and transferring responsibilities for state management of drug rehabilitation and post-rehabilitation management to the Ministry of Public Security.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Police stations at commune, ward, town level (hereinafter referred to as commune-level police); police units and localities;

b) People's Procuracy;

c) People's Courts;

d) Authorities with jurisdiction of the units specified in points a, b, and c of this clause;

đ) Other agencies, organizations, individuals related to the matter;

Article 2. Application of Law

1. The application of administrative measures for placement in educational centers, compulsory education facilities, compulsory drug rehabilitation centers, and measures for placement in compulsory drug rehabilitation centers for individuals addicted to drugs aged from 12 to under 18 years old when not organizing county-level public security agencies and transferring responsibilities for state management of drug rehabilitation and post-rehabilitation management to the Ministry of Public Security shall be carried out according to this Joint Circular and the provisions of other regulatory legal documents issued before the effective date of this Joint Circular, provided that they do not conflict with the content of this Joint Circular.

2. The coordination relationship between the People's Procuracy and the People's Court in applying administrative measures for placement in educational centers, compulsory education facilities, compulsory drug rehabilitation centers, and measures for placement in compulsory drug rehabilitation centers for individuals addicted to drugs aged from 12 to under 18 years old shall be implemented according to current laws.

Article 3. Preparation of Proposal Files for Application of Measures for Placement in Educational Centers

1. The preparation of proposal files for the application of measures for placement in educational centers for the subjects stipulated in Article 92 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) (hereinafter referred to as the Law on Handling Administrative Violations) shall be carried out as follows:

The proposal file includes: a summary of the criminal record; documents on the acts of violating the law committed by the violator; educational measures already applied; a statement from the violator, opinions of their parents or other lawful representatives, opinions of the school, agency, or organization where the person under 18 years old is studying or working (if applicable), and other relevant documents;

The proposal file includes: summary of personal history; documents on violations of the law by the violator; educational measures applied; statement of the violator, opinions of parents or their lawful representatives, opinions of schools, agencies, organizations where individuals under 18 years old are studying or working (if any), and other relevant documents.

The proposal file includes: the violation record; a summary of the criminal record; documents on the acts of violating the law committed by them; results of verifying prior offenses; educational measures already applied (if applicable); a statement from the violator, opinions of their parents or other lawful representatives.

The proposal file includes: violation record; summary of personal history; documents on violations of the law by the person; extract of criminal records; educational measures applied (if any); statement of the violator, opinions of parents or their lawful representatives.

2. In cases where individuals under 18 years old violate the law directly discovered, investigated, and handled by provincial-level public security agencies in cases of law violations but not reaching the level of criminal prosecution, which fall within the scope of placement in educational centers as stipulated in Article 92 of the Law on Handling Administrative Violations, the agency or unit handling the case shall complete the violation file and transfer it to the competent commune-level police station to prepare the proposal file for the application of measures for placement in educational centers for the individual. If the violation file transferred by the provincial-level public security agency is incomplete, the head of the commune-level police station may request the agency or unit to supplement; the supplementation period is two working days. Within two working days from the date of receiving the supplementary documents, the head of the commune-level police station shall complete the proposal file and submit it to the People's Court of the district for the application of measures for placement in educational centers.

The proposal file includes: summary of personal history; documents on violations of the law by the person; educational measures applied; statement of the violator, opinions of parents or their lawful representatives.

3. The provincial-level public security agencies specified in Clause 2 of this Article and the commune-level police station preparing the proposal file must bear responsibility for the legality of the documents and the proposal file. After completing the preparation of the proposal file, the commune-level police station must notify in writing the proposed individual, parents, or their lawful representatives about the preparation of the file. These persons have the right to read the file and make necessary notes within three working days from the date of receipt of the notification.

Article 4. Examination and decision on transferring files to request the People's Court at district level to apply the measure of sending to a specialized educational facility

1. Within 01 working day from the date when the deadline for reading the file as prescribed in Clause 3, Article 3 of this Joint Circular expires, the Head of the Police Station at commune level shall decide on transferring the file to request the People's Court at district level to make a decision on applying the measure of sending to a specialized educational facility.

2. The file to request the People's Court at district level to examine and decide on applying the measure of sending to a specialized educational facility includes:

a) The file as prescribed in Article 3 of this Joint Circular and other provisions of Article 13 of Decree No. 140/2021/NĐ-CP dated December 31, 2021 of the Government on the regime of applying administrative handling measures of sending to a specialized educational facility and compulsory educational facilities;

3. The file proposing the application of measures to send to a reformatory school must be indexed and stored in accordance with the law on archiving.”

Article 5. Establishing the file to request application of the measure of sending to a compulsory educational facility

1. The establishment of the file to request application of the measure of sending to a compulsory educational facility for the subject as prescribed in Article 94 of the Law on Handling Administrative Violations shall be carried out as follows:

a) For individuals with a stable place of residence, the Head of the Police Station at the commune where they reside shall prepare a dossier to propose the application of compulsory educational measures.

The file to request includes: summary of personal record; documents on the acts of violating laws committed by that person; educational measures applied at commune, ward, town level; statement of the violator or their lawful representative; other related documents;

b) For persons who do not reside at the place where they committed the act of violating laws, the Head of the Police Station at commune level must verify; if the place of residence is determined, there is a responsibility to transfer that person along with the violation record to the locality for handling; if the place of residence cannot be determined, the Head of the Police Station at commune level where the person committed the act of violating laws shall establish the file to request application of the measure of sending to a compulsory educational facility.

The file to request includes: violation record; summary of personal record; documents on the acts of violating laws committed by that person; extract of criminal records; educational measures already applied (if any); statement of the violator or their lawful representative.

2. In cases where the Head of the Compulsory Drug Rehabilitation Facility establishes the file to request sending to a compulsory educational facility according to Clause 3, Article 118 of the Law on Handling Administrative Violations, the file shall include: existing compulsory drug rehabilitation file; record of new violations; letter from the Head of the Compulsory Drug Rehabilitation Facility to the Head of the Police Station at commune level requesting sending to a compulsory educational facility.

3. In cases where the violator is directly discovered, investigated, and handled by the agency or unit under the provincial police force in cases of law violations but not reaching the level of criminal prosecution and falling within the category of being sent to a compulsory educational facility as prescribed in Article 94 of the Law on Handling Administrative Violations, the agency or unit handling the case shall complete the violation file and transfer it to the competent Police Station at commune level to establish the file to request application of the measure of sending to a compulsory educational facility for that person.

The file to request includes: summary of personal record; documents on the acts of violating laws committed by that person; educational measures applied at commune, ward, town level; statement of the violator or their lawful representative.

4. The Head of the Compulsory Drug Rehabilitation Facility as prescribed in Clause 2 of this Article, the agency or unit under the provincial police force as prescribed in Clause 3 of this Article, and the Police Station at commune level establishing the file to request shall bear responsibility for the legality of the documents and the file to request. After completing the establishment of the file to request, the Police Station at commune level shall notify in writing to the person proposed to be subjected to the measure or their lawful representative about the establishment of the file. These persons have the right to read the file and take notes of necessary contents within 03 working days from the date of receipt of the notification.

Article 6. Examination and decision on transferring files to request the People's Court at the district level to apply compulsory educational measures

1. In cases where the Head of the Police Station at the commune establishes the file, within 01 working day from the date when the deadline for reading the file as prescribed in Clause 4, Article 5 of this Joint Circular expires, the Head of the Police Station at the commune shall decide on transferring the file to request the People's Court at the district level to apply compulsory educational measures.

2. In cases where the Head of the Compulsory Drug Rehabilitation Center establishes the file as prescribed in Clause 2, Article 5 of this Joint Circular, within 01 working day from the date of establishing the record of new administrative violations as prescribed in Clause 3, Article 118 of the Law on Handling Administrative Violations, the Head of the Compulsory Drug Rehabilitation Center shall send the file to the Head of the Police Station at the commune where the Compulsory Drug Rehabilitation Center is located.

Within 02 working days from the date of receiving the file, the Head of the Police Station at the commune shall decide on transferring the file to request the People's Court at the district level to apply compulsory educational measures. In case the file is incomplete, the Head of the Police Station at the commune shall return the file to the Head of the Compulsory Drug Rehabilitation Center for supplementation; the time limit for supplementing the file is 02 working days from the date of returning the file.

Within 02 working days from the date of receiving the supplemented file, the Head of the Police Station at the commune shall decide on transferring the file to request the People's Court at the district level to apply compulsory educational measures.

3. The file to request the People's Court at the district level to examine and decide on applying compulsory educational measures includes:

a) The file as prescribed in Article 5 of this Joint Circular and other provisions of Article 27 of Decree No. 140/2021/NĐ-CP;

b) The document from the Head of the Police Station of the commune regarding the request for consideration and application of compulsory educational measures.

Article 7. Establishing the file to request application of compulsory educational measures for drug addicts aged 18 years and older

1. The establishment of the file to request application of compulsory educational measures for drug addicts as prescribed in Article 96 of the Law on Handling Administrative Violations shall be carried out as follows:

a) In cases where the drug addict has a stable place of residence, the Head of the Police Station of the commune where the person resides shall establish a request file for applying compulsory drug rehabilitation measures;

b) In cases where the drug addict does not have a stable place of residence, the Head of the Police Station of the commune where the person committed the violation of the law shall establish a request file for applying compulsory drug rehabilitation measures;

c) In cases where drug addicts are directly discovered, investigated, and handled by agencies or units under the Provincial Police in violation of laws and fall within the category of persons to be placed in compulsory drug rehabilitation centers as prescribed in Article 96 of the Law on Handling Administrative Violations, the agency or unit handling the case or the criminal case shall complete the violation file and transfer it to the Police Station at the commune with authority to establish the file for placing such persons in compulsory drug rehabilitation centers as prescribed in points a and b of this clause;

d) The file to request as prescribed in points a, b, and c of this clause includes: violation records; summary of personal history; evidence proving the current drug addiction status of that person; statement of the drug addict or their lawful representative and other related documents;

đ) In cases where drug addicts voluntarily come to the Police Station at the commune to report their addiction status and submit a voluntary application to enter a compulsory drug rehabilitation center, the file to request includes: voluntary application to enter drug rehabilitation; summary of personal history; evidence proving the current drug addiction status of that person; statement of the drug addict or their lawful representative and other related documents.

Evidence proving the current drug addiction status of that person shall be carried out as follows: If they have a determination certificate of addiction status issued by an authorized agency still valid within 06 months from the issuance date, this certificate shall be used; if they do not have a determination certificate of addiction status or have a certificate issued by an authorized agency that has exceeded the validity period of 06 months from the issuance date, the Police Station at the commune shall guide them to undergo addiction determination.

2. Agencies or units under the Provincial Police as prescribed in point c, Clause 1 of this Article, and the Police Station at the commune establishing the file must bear responsibility for the legality of the documents and the file to request. After completing the establishment of the file to request, the Police Station at the commune must notify in writing the person subject to the application of compulsory educational measures or their lawful representative about the establishment of the file. These individuals have the right to read the file and make necessary notes within 03 working days from the date of receiving the notification.

Article 8. Examination and Decision on Transferring Case Files to Request the People's Court at the District Level to Apply Measures for Compulsory Drug Rehabilitation Centers for Individuals Aged 18 Years and Older

1. Within one working day from the date when the period for reading the file as stipulated in Clause 2, Article 7 of this Joint Circular ends, the Head of the Police Station at the Commune shall decide on transferring the case file requesting the People's Court at the District Level to apply measures for compulsory drug rehabilitation centers.

2. The case file requesting the People's Court at the District Level to examine and decide on applying measures for compulsory drug rehabilitation centers shall include:

a) The file as prescribed in Article 7 of this Joint Circular and other provisions of Article 41 of Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government detailing certain provisions of the Law on Prevention and Control of Drugs and the Law on Administrative Violation Handling regarding drug rehabilitation and post-rehabilitation management.

b) A document from the Head of the Commune-level Police Station proposing the application of compulsory drug rehabilitation measures.

Article 9. Establishing Case Files to Request Compulsory Drug Rehabilitation Centers for Individuals Aged 12 Years and Older but Under 18 Years Old

1. The establishment of case files to request compulsory drug rehabilitation centers for individuals aged 12 years and older but under 18 years old shall be carried out as follows:

a) The Head of the Police Station at the Commune where the individual resides or where the violation occurred if their place of residence cannot be determined shall establish the case file to request compulsory drug rehabilitation centers.

b) In cases where the individual addicted to drugs is discovered by an agency or unit under the Provincial Police and is within the age range of 12 years and older but under 18 years old, the agency or unit handling the case shall conduct verification, collect evidence, and transfer it to the competent Police Station at the Commune as prescribed in point a of this clause to establish the case file to request compulsory drug rehabilitation centers.If the evidence transferred by the agency or unit under the Provincial Police is incomplete, the Head of the Police Station at the Commune shall request such agency or unit to supplement; the deadline for supplementation is two working days.

Within two working days from the date of receiving the supplementary materials, the Head of the Police Station at the Commune shall complete the case file requesting the People's Court at the District Level to apply measures for compulsory drug rehabilitation centers.

c) The case file requesting shall include: Summary of personal history; violation record; evidence proving the state of drug addiction of the individual; statement of the drug-addicted individual or their lawful representative; opinions of parents, guardians, or lawful representatives.

2. The agency or unit under the Provincial Police specified in point b of Clause 1 of this Article and the Police Station at the Commune establishing the case file must bear responsibility for the legality of the evidence and the case file requested.

Article 10. Examination and Decision on Transferring Case Files to Request the People's Court at the District Level to Apply Measures for Compulsory Drug Rehabilitation Centers for Individuals Aged 12 Years and Older but Under 18 Years Old

1. After completing the establishment of the case file requesting, the Police Station at the Commune must notify in writing the individual proposed to apply measures for compulsory drug rehabilitation centers, their parents, guardians, or lawful representatives about the establishment of the case file. These persons have the right to read the file and submit comments on the establishment of the file within three working days from the date of receipt of the notification.

2. Within three working days from the end of the period for reading the file, the Police Station at the Commune with authority to establish the case file as prescribed in point a of Clause 1 of Article 9 of this Joint Circular shall decide on transferring the case file requesting the People's Court at the District Level to apply measures for compulsory drug rehabilitation centers.

3. The case file requesting the People's Court at the District Level to examine and decide on applying measures for compulsory drug rehabilitation centers shall include:

a) The file as prescribed in Article 9 of this Joint Circular and other provisions of Article 51 of Decree No. 116/2021/ND-CP.

b) A document from the Head of the Police Station at the Commune proposing examination for compulsory drug rehabilitation centers. The content of the document from the Head of the Police Station at the Commune must include opinions on protecting children's rights.

Article 11. Enforcement of decisions to place in educational centers, decisions to place in compulsory education facilities, and decisions to place in compulsory drug rehabilitation facilities

Within five days from the date of receipt of the decision to place in an educational center, the decision to place in a compulsory education facility, or the decision to place in a compulsory drug rehabilitation facility, the Police Station of the commune shall organize the enforcement of the decision to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility.

Article 12. Enforcement of decisions compelling compliance with decisions to apply measures for placement in an educational center, placement in a compulsory education facility, and placement in a compulsory drug rehabilitation facility

1. Persons who have been granted a postponement or temporary suspension of compliance with the decision to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility shall be responsible for reporting to the Police Station of the commune where they reside.

2. The decision compelling compliance with the decision to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility shall be sent to the Police Station of the commune where the enforcement decision is implemented. Upon receipt of the decision, the Police Station must immediately escort the subject.

Article 13. Search for subjects who have decisions to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility in cases of escape

1. In cases where persons who have decisions to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility escape before being placed in such facilities, the Police Station of the commune where the file was established shall initiate a search for the subject.

2. In cases where persons who have decisions to place in an educational center under Clause 1, Article 132 of the Law on Handling Administrative Violations reach the age of eighteen at the time of the search, the Police Station of the commune where the file was established shall request the People's Court of the district to consider and decide on applying the measure of placing in a compulsory education facility if the conditions for applying such measures are met.

Article 14. Reporting to the Provincial Police about the establishment of files requesting the application of measures to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility

Immediately after completing the establishment of files requesting the application of administrative handling measures to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility and the measure to place in a compulsory drug rehabilitation facility for persons aged twelve or older but under eighteen, the Police Station must report in writing to the Provincial Police for monitoring.

Article 15. Use of forms in applying administrative handling measures to place in an educational center, compulsory education facility, or compulsory drug rehabilitation facility and the measure to place in a compulsory drug rehabilitation facility for persons aged twelve or older but under eighteen

The components of the files stipulated in this Circular shall use the forms issued together with Decree No. 140/2021/ND-CP dated December 31, 2021 of the Government detailing the regime of applying administrative handling measures to place in an educational center and compulsory education facility, and Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government detailing certain provisions of the Law on Prevention and Control of Drugs, the Law on Handling Administrative Violations regarding drug rehabilitation and post-rehabilitation management.

Article 16. Transitional Provisions

1. From the date this Circular takes effect, for files requesting the application of administrative handling measures to place in an educational center, compulsory education facility, compulsory drug rehabilitation facility, and the measure to place in a compulsory drug rehabilitation facility for persons aged twelve or older but under eighteen that are currently being processed by the Police Station of the district, the Department of Labor, Invalids, and Social Affairs without transferring the files to the People's Court of the district, shall transfer those files to the Police Station authorized according to this Circular to continue processing.

2. From the date this Circular takes effect, for files requesting the application of administrative handling measures to place in an educational center, compulsory education facility, compulsory drug rehabilitation facility, and the measure to place in a compulsory drug rehabilitation facility for persons aged twelve or older but under eighteen that are currently being handled and processed by the People's Court of the district and require additional files, shall transfer those files to the agency that established the file to complete the file according to this Circular. If the Police Station of the district is the agency that established the file, the People's Court shall request the Provincial Police to assign the Police Station to take responsibility for continuing the processing.

3. From the date this Circular takes effect, for files requesting the application of administrative handling measures to place in an educational center, compulsory education facility, compulsory drug rehabilitation facility, and the measure to place in a compulsory drug rehabilitation facility for persons aged twelve or older but under eighteen that are currently being handled and processed by the People's Court of the district without convening a meeting to examine and decide, the People's Court of the district shall request the Police Station that assisted the Chairman of the People's Committee of the commune in establishing the file to participate when convening the meeting.

Article 17. Effective Date

This Circular takes effect from March 1, 2025.

Article 18. Responsibility for Implementation

The Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court are responsible for directing and organizing the uniform implementation of this Circular. During the implementation of this Circular, if there are difficulties or issues requiring guidance or supplementation, they should promptly reflect to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance and resolution.