Circular No. 08/1998/TT-BCA guiding the implementation of certain provisions of the Regulation on Educational Reform Schools issued together with Decree No. 33/CP dated April 14, 1997 of the Government.

 CIRCULAR

Guidelines for implementing certain provisions of the Regulation on Educational Centers promulgated together with

Decree No. 33/CP dated April 14, 1997 of the Government

Implementing Decree No. 33/CP dated April 14, 1997 of the Government promulgating the Regulation on Educational Centers, the Ministry of Public Security provides guidelines for implementing certain provisions of the Regulation on Educational Centers as follows:

I - ON THE SUBJECTS TO BE PLACED IN EDUCATIONAL CENTERS

1. Subjects to be placed in educational centers.

a) For subjects to be placed in educational centers as provided in point a, Article 1 of the Regulation on Educational Centers, they must meet the following conditions:

- Persons aged from twelve years old to under fourteen years old;

- Committing acts that have signs of a serious crime as defined in the Penal Code. A serious crime is a crime causing significant harm to society, where the highest penalty prescribed in the Penal Code for such crime is more than five years' imprisonment, life imprisonment, or death penalty.

For this type of subject, it is only necessary to commit an act with signs of a serious crime once to meet the conditions for immediately establishing a file to place them in an educational center.

b) For subjects to be placed in educational centers as provided in point b, Clause 2, Article 1 of the Regulation on Educational Centers, they must meet the following conditions:

- Persons aged from twelve years old to under sixteen years old;

- Committing acts that have signs of a less serious crime as defined in the Penal Code. A less serious crime is a crime where the highest penalty prescribed for such crime is up to five years' imprisonment.

- Having been educated multiple times by local authorities and the people but still refusing to reform. This condition must be implemented uniformly as follows:

Having been educated by the People's Committee (hereinafter referred to as the People's Committee), competent state agencies, social organizations, grassroots community units, or schools through forms such as meetings for criticism and self-examination (with minutes), warnings, fines as prescribed by law, or having been subjected to education measures at the commune, ward, town level according to the Regulation on Education at Commune, Ward, Town Level issued together with Decree No. 19/CP dated April 6, 1996 of the Government, but still refusing to reform and continuing to violate the law.

c) For subjects to be placed in educational centers as provided in point c, Clause 2, Article 1 of the Regulation on Educational Centers, they must meet the following conditions:

- Persons aged from twelve years old to under eighteen years old;

- Repeatedly committing administrative violations in the field of public order and social security.

- Having been educated multiple times by local authorities and the people but still refusing to reform.

"Repeatedly committing administrative violations in the field of public order and social security and having been educated multiple times by local authorities and the people but still refusing to reform" shall be implemented uniformly as follows: at least two times being educated by the People's Committee, competent state agencies, social organizations, grassroots community units, or schools through forms such as meetings for criticism and self-examination (with minutes), warnings, fines as prescribed by law, or having been subjected to education measures at the commune, ward, town level, but still refusing to reform and continuing to violate the law.

The period for counting the number of violations committed by the subject must be based on Article 10 of the Law on Handling Administrative Violations.

In cases where a minor who is currently serving an education decision at the commune, ward, town level commits a violation as stipulated in Clause 2, Article 1 of the Regulation on Educational Centers, the police station at the commune, ward, town level shall prepare a report recommending the Chairman of the People's Committee at the commune, ward, town level to immediately establish a file to propose placement in an educational center for submission to the competent authority for review.

2. When establishing files for subjects to be placed in educational centers, attention should be paid to the following issues:

- When determining subjects to establish files for placement in educational centers, the nature and severity of the violation, mitigating and aggravating circumstances, age, background, number of violations, family circumstances of the subject must be taken into account.

- Files should not be established for persons under twelve years old and those aged eighteen years or older to be placed in educational centers.

- The age for placement in educational centers is determined based on the date of the decision to place in the educational center. If the time when a minor commits a violation is close to their eighteenth birthday and the procedures for placing them in the educational center have not been completed before they turn eighteen, and if the violations meet the conditions for placement in an educational facility, a file must be established for placement in an educational facility according to the procedures and formalities prescribed in the Regulation on Educational Facilities issued together with Decree No. 32/CP dated April 14, 1997 of the Government.

If a person who has been decided to be placed in an educational center runs away, but is recaptured after turning eighteen or over eighteen years old, the provincial-level police agency responsible for establishing the file to propose placement in the educational center must report to the Chairman of the Provincial People's Committee to suspend the execution of the decision to place in the educational center. If the subject meets the conditions for placement in an educational facility, a file must be established according to the procedures and formalities prescribed in the Regulation on Educational Facilities to submit to the Chairman of the Provincial People's Committee for a decision to place in an educational facility.

The basis for determining the age of the subject is the birth certificate. If there is no birth certificate, the household registration book, identity card, curriculum vitae, or other documents confirmed by the People's Committee at the commune, ward, town level must be used.

Administrative measures of placing in an educational center shall not be applied to foreign nationals.

II - ON THE PROCEDURES FOR ESTABLISHING FILES FOR PLACEMENT IN EDUCATIONAL CENTERS

1. Delegation of responsibilities among police units to assist Chairmen of People's Committees at all levels in establishing files to propose placement in educational centers.

a) Police stations at communes, wards, towns (hereinafter referred to as police stations at the commune level):

- Collecting documents to assist the Chairman of the People's Committee of communes, wards, towns (hereinafter referred to as the People's Committee at the commune level) in establishing files on subjects with a place of residence (place of permanent household registration, temporary residence registration, or living there) to be sent to the Chairman of the People's Committee of districts, counties, provincial cities, centrally governed cities (hereinafter referred to as the People's Committee at the district level).

- For individuals without a fixed place of residence, the police force at the commune level where such individual has committed a violation shall assist the Chairman of the People's Committee at the commune level in preparing the record and file to be sent to the Chairman of the People's Committee at the district level.

Once the police force at the commune level completes the file of any subject, they must immediately report to the Chairman of the People's Committee at the commune level so that the Chairman can prepare a document for submission to the Chairman of the People's Committee at the district level, without waiting to compile multiple files for submission in batches.

b) The police force of districts, counties, provincial cities, centrally governed cities (hereinafter referred to as the police force at the district level):

- The Criminal Police force shall take the lead in coordinating with the Investigation Police force and other relevant units to re-examine the files, prepare reports for the Chief of the police force at the district level to report to the Chairman of the People's Committee at the district level.

- For individuals without a fixed place of residence who have been recorded as committing violations by the specialized forces of the police force at the district level, the Criminal Police force shall take the lead in coordinating with relevant units to conduct investigations, establish files, prepare reports for the Chief of the police force at the district level to report to the Chairman of the People's Committee at the district level.

- For individuals currently being directly handled by the Investigation Police Unit of the police force at the district level in criminal cases, upon investigation, if it is found that criminal responsibility does not need to be pursued but they fall within the category of subjects specified in Clause 2, Article 1 of the Regulation on Educational Centers, the Investigation Police Unit shall establish files, prepare reports for the Chief of the police force at the district level to report to the Chairman of the People's Committee at the district level.

c) The police force of provinces, centrally governed cities (hereinafter referred to as the police force at the provincial level):

- The Criminal Police Department shall take the lead in coordinating with the Investigation Police Department and other relevant units to assist the leadership of the police force at the provincial level in reviewing and re-examining the files of subjects, and assisting the Standing Advisory Council in preparing for the council meeting; sending necessary documents (summary of the violator's criminal history, summary of the violation, proposal to send to the educational center from the Chairman of the People's Committee at the district level) to the members of the Advisory Council and representatives of the Provincial People's Procuracy no later than seven days before the meeting; examining and proposing postponement or exemption from executing the decision to send to the educational center; taking the lead in organizing the admission of individuals to the educational center and pursuing fugitives with administrative arrest warrants issued by the Provincial Police Director.

- For individuals without a fixed place of residence discovered and recorded as committing violations by the specialized departments of the police force at the provincial level, if they fall within the category to be sent to the educational center, the Criminal Police Department shall take the lead in coordinating with related departments to conduct investigations, establish files, report to the Provincial Police Director for submission to the Chairman of the People's Committee at the provincial level.

- For individuals currently being directly handled by the Investigation Police Department of the police force at the provincial level in criminal cases, upon investigation, if it is found that criminal responsibility does not need to be pursued but they fall within the category of subjects specified in Clause 2, Article 1 of the Regulation on Educational Centers, the Investigation Police Department shall take the lead in establishing files, coordinating with the Criminal Police Department to report to the Provincial Police Director for submission to the Chairman of the People's Committee at the provincial level.

2. Regarding the file for proposing admission to the educational center

The file for proposing admission to the educational center includes:

- Summary of the violator's criminal history;

- Documents regarding the violator's violations of the law:

+ Complaint form (if any);

+ Self-report on the violation behavior;

+ Record of statements;

+ Administrative violation record or on-the-spot violation record (if any);

+ Summary of the violation process and the last violation behavior;

+ Verification documents from the police agency;

+ Record of temporary detention of items related to the violation (if any).

- Applied educational measures:

+ Decision on applying educational measures at the commune, ward, town level (if any);

+ Decision on administrative penalty (if any);

+ Record of meetings for criticism and education (if any).

Comments from the police agency, opinions from the Youth Union and Women's Union, Child Protection and Care Board at the grassroots level; parents or guardians;

- Report and proposal from the People's Committee at the commune and district levels;

- Temporary detention order (if any).

3. Regarding the Advisory Council

According to Article 8 of the Regulation on Educational Centers, the Advisory Council is only established at the provincial level. At the district and commune levels, the Advisory Council is not established.

The Chairman of the People's Committee at the provincial level establishes the Advisory Council consisting of three representatives from the leadership of the police agency, the Department of Justice, and the Provincial Child Protection and Care Board. The Deputy Director of the police agency at the provincial level responsible for Criminal Police is the Standing Member of the Advisory Council. The Standing Member of the Advisory Council must prepare and chair the meeting. The meeting of the Advisory Council has the representative of the Provincial People's Procuracy attending and expressing opinions, but not participating in voting. The Advisory Council examines and votes on each subject proposed for admission to the educational center. Based on the opinions and majority votes of the members, the Standing Member of the Advisory Council concludes on each subject. The meeting of the Advisory Council must prepare minutes; the minutes must clearly record the opinions expressed by the representative of the Provincial People's Procuracy. The Criminal Police Department is responsible for assisting the Standing Member of the Advisory Council in completing the file, preparing documents (including the meeting minutes of the Advisory Council attached) for approval and submission to the Chairman of the People's Committee at the provincial level. Within ten days from the date of receipt of the Advisory Council's proposal document, the Chairman of the People's Committee at the provincial level must examine and issue a decision.

III - REGARDING THE IMPLEMENTATION OF THE DECISION TO ADMIT TO THE EDUCATIONAL CENTER

Within five days from the date of receiving the decision of the Chairman of the Provincial People's Committee to send the person to the educational institution, the Criminal Police Department assists the Director of the Provincial Public Security to organize the transfer of that person to the educational institution. The Provincial Public Security directs and coordinates with the County and Commune Public Security to organize the transfer of persons who have been decided to be sent to the educational institution to the place of detention of the Provincial Public Security. The essence of detention is to keep the person at the Provincial Public Security for necessary procedures such as fingerprinting, photographing, establishing identity records, and waiting to be transferred to the educational institution. The Director of the Provincial Public Security issues a detention decision for persons who have been decided to be sent to the educational institution. The detention period shall not exceed fifteen days and shall be counted towards the execution period of the decision. This decision is attached to the file for sending to the educational institution to serve as the basis for calculating the execution period of the decision.

The food and accommodation conditions of persons detained during the detention period shall be treated equally to those of students in the educational institution. The Provincial People's Committee is responsible for providing food expenses for these individuals. To address temporary difficulties, for places without detention facilities, the Provincial Public Security must allocate some rooms in the temporary detention center as detention areas for persons with decisions to enter the educational institution. A signboard stating "administrative detention room" must be placed at the entrance of the room to distinguish it from pre-trial detention; males and females shall not be detained in the same room.

The Provincial Public Security must immediately develop plans and propose to the Provincial People's Committee to provide funding and locations for building temporary detention and administrative detention facilities.

IV - ON COMPLAINTS AND REPORTS

According to Article 12 of the Regulation on Educational Institutions, within ten days from the date of receiving the decision to send to the educational institution, the person subject to the decision or their lawful representative has the right to lodge complaints or reports regarding illegal acts of authorized officials in the process of establishing files and issuing decisions to send to the educational institution with the Chairman of the Provincial People's Committee who issued the decision. Complaints and reports are resolved according to Articles 89 and 90 of the Ordinance on Handling Administrative Violations and other laws on complaints and reports.

In cases where they disagree with the decision on complaint resolution by the Chairman of the Provincial People's Committee, the complainant has the right to appeal to the Minister of Public Security (now the Ministry of Public Security). Within forty-five days from the date of receipt of the complaint, the Minister of Public Security is responsible for resolving the complaint and replying in writing to the complainant. The decision on complaint resolution by the Minister of Public Security is the final administrative decision. Filing a complaint against the decision to send to the educational institution does not suspend the enforcement of the decision. The person subject to the decision to send to the educational institution still must attend the institution. If their complaint is later resolved and the decision to send to the educational institution is revoked, the person sent to the educational institution will return home and rejoin community life, and their legitimate rights will be restored.

In cases where the person subject to the decision to send to the educational institution or their lawful representative still disagrees with the decision on complaint resolution by the Minister of Public Security, they may initiate litigation before the Administrative Court.

V - ON SUSPENSION OR EXEMPTION FROM EXECUTION OF THE DECISION TO SEND TO THE EDUCATIONAL INSTITUTION

1. On Suspension of Execution of the Decision to Send to the Educational Institution

According to Clause 1 of Article 15 of the Regulation on Educational Institutions, the person subject to the decision to send to the educational institution may have the execution of the decision suspended if there is one of the following reasons:

a) Seriously ill with certification from a hospital at the district level or higher;

"Seriously ill person" means a person suffering from a serious illness that renders them unable to work or live normally, or whose life is in danger, requiring hospitalization for a certain period to recover or prolong life, or a person suffering from "serious diseases." "Serious diseases" include life-threatening illnesses such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS, or other diseases recognized by the health sector as serious diseases.

b) The family has special difficulties such as close relatives in the family being seriously ill, and outside of that person, the family has no one to care for them, or the family遭受自然灾害或火灾。

"家庭中的近亲属"是指像内祖父、外祖父、父亲、母亲、兄弟、姐妹和直接抚养并共同生活的其他直系亲属。如果这些近亲属生病严重，而除了被决定送入教育机构的人之外，家庭中没有其他人可以照顾他们，则可以暂停执行该决定。

只有在因自然灾害或火灾导致被决定送入教育机构的家庭陷入特别困难的情况下，才会考虑暂停执行决定。该人在家中存在是必要的，以帮助家庭处理由自然灾害或火灾造成的后果，照顾和帮助家庭中因事故受伤的人，或者该人是家庭唯一劳动力，确保家庭生活。

当暂停执行决定的条件不再存在时，决定将继续执行（除非如以下第2点所述）。

2. On Exemption from Execution of the Decision to Send to the Educational Institution

根据教育机构条例第十五条第二款，如果满足以下所有条件，被决定送入教育机构的人可以免除执行决定：

- 暂停时间已超过决定中规定的期限的一半；

- 在暂停期间，被决定送入教育机构的人在遵守法律方面取得了显著进步，或者立了功绩，则可以免除执行决定。

"在遵守法律方面取得显著进步的人"必须是那些真诚悔过，勤奋劳动，认真学习，积极参加地方公共活动，严格遵守党的路线和国家政策，并得到乡级以上人民政府确认和推荐的人。

"Person who has rendered meritorious service" refers to a person who has achieved one of the following accomplishments: discovering and reporting serious criminal offenses, saving another's life, rescuing state, collective, or individual property of significant value, or demonstrating outstanding achievements in mass movements for national security protection and receiving commendation from the People's Committee at district level or higher, or the Public Security Agency; having valuable technical improvements in labor and production and standing out in studies recognized by competent authorities at provincial level or higher.

For individuals suffering from severe illness or critical diseases, if the suspension period of the decision execution has been extended until the time required to fulfill the decision but they have not yet recovered, it may be considered to exempt them from executing the decision.

3. Procedures for suspending or exempting the execution of decisions to send individuals to educational centers

The procedures for suspending or exempting the execution of decisions to send individuals to educational centers are as follows: Based on a request for suspension or exemption from executing the decision to send individuals to educational centers, the Chairman of the People's Committee of the commune where such individuals reside shall prepare a report (with relevant documents attached) to be sent to the Chairman of the People's Committee at the district level. Within five days from the date of receipt of the report, the Chairman of the People's Committee at the district level shall examine and propose the Chairman of the People's Committee at the provincial level to decide on the suspension or exemption from executing the decision.

The Public Security Agency at the same level shall assist the Chairman of the People's Committee in examining and studying the files of cases requesting suspension or exemption from executing the decision to report to the Chairman of the People's Committee at the provincial level for decision.

VI - ON FILES AND PROCEDURES FOR ENROLLING PERSONS WITH DECISIONS INTO EDUCATIONAL CENTERS

According to Article 16 of the Educational Center Regulation, when enrolling persons into educational centers, there must be accompanying files including:

- Decision to enroll the person into the educational center;

- A summary of the personal history;

- Summary of law violations and recommendation for enrollment into the educational center;

- Identity card;

- Other documents related to the personal background of the person (if available).

"Other documents related to personal background" refer to necessary documents that help the educational center understand the personal background of the person to serve management and education purposes; specifically, documents reflecting prior convictions or offenses (if any), or documents reflecting actions against the enforcement of decisions; arrest warrants and arrest records of persons with decisions to enter educational centers who have fled; birth certificates; school transcripts; graduation certificates of various levels (if available), etc.

The Director of the educational center will only accept individuals when all necessary files and procedures are complete. Upon acceptance, a health check must be conducted and a handover record established. If the individual's health condition is abnormal, a health status confirmation record must be established with the presence of both parties involved in the handover. The handover record must be immediately copied and sent to the Prison Management Bureau, Educational Institution Management Office, and Educational Centers for monitoring.

VII - ON THE EXTRICATION OF STUDENTS

According to Article 23 of the Educational Center Regulation, the extrication of students from educational centers for investigative, prosecution, trial purposes, or other special circumstances can only be carried out upon an extrication order from authorized agencies. Therefore, when agencies require extrication, the head of the agency must issue a letter clearly stating the student's name, place of origin, reasons, and duration of extrication, requesting the Director of the Prison Management Bureau, Educational Institution Management Office, and Educational Centers to issue an extrication order. The extrication period is counted towards the execution period at the educational center. If the student commits a crime and is sentenced to imprisonment, the head of the agency that requested extrication must notify the Director of the Educational Center in writing (attached with a copy of the court's decision on the execution of the prison sentence) so that the Director can report to the Director of the Prison Management Bureau, Educational Institution Management Office, and Educational Centers to request the Minister of Public Security to issue a decision to suspend the execution of the decision to enroll the person into the educational center, allowing them to serve their prison sentence. This decision must be copied and sent to the Provincial People's Committee that previously issued the decision to enroll the person into the educational center and the family. In cases where the student is extricated but not sentenced to imprisonment by the court, the agency that requested extrication must organize the return of the student to the educational center to continue executing the decision.

VIII - ON SUSPENDING THE EXECUTION OF DECISIONS

According to Article 31 of the Educational Center Regulation, the conditions for temporarily suspending the execution of decisions to enroll individuals into educational centers can only be implemented in cases where students currently executing decisions at educational centers suffer from "serious illness" or "critical diseases" beyond the treatment capacity of the center's medical facilities, and their families submit a guarantee letter requesting treatment and care at home or transfer to a hospital. In these cases, the Director of the educational center must report and request the Minister of Public Security to issue a decision to temporarily suspend the execution of the decision. The Director of the educational center can only allow students to return home or be transferred to a hospital for treatment after obtaining a temporary suspension decision from the Minister of Public Security (except in cases requiring emergency hospitalization). If, after emergency treatment, it is found that the student suffers from a serious illness or critical disease requiring long-term hospitalization, the Director of the educational center must report and request the Minister of Public Security to issue a decision to temporarily suspend the execution of the decision.

For students whose execution of decisions is temporarily suspended for hospital treatment, relatives of the patient must cooperate with the educational center in managing and caring for them. Medical expenses are provided by the State. The educational center directly settles hospital fees with the hospital. If the family guarantees the student's treatment at home, the family must bear full responsibility for management and cover all medical expenses.

When a student has recovered from illness, that is, when the temporary suspension condition no longer exists, the student must return to the educational correctional facility to continue executing the decision. If the student does not voluntarily return to school, the Principal of the educational correctional facility must apply necessary coercive measures to bring the student back to continue executing the decision. If the student runs away, the Principal of the educational correctional facility shall issue an order to pursue and handle according to Article 22 of the Regulation on Educational Correctional Facilities; at the same time, establish a file to report to the Prison Management Department, Educational Institution Management and Educational Correctional Facility for the Minister of Public Security to issue a decision revoking the temporary suspension decision (if the execution period of the decision still remains). The temporary suspension period and the period during which the student ran away shall not be counted towards the execution period of the decision.

In cases where students suffer from incurable serious illnesses and are unable to recover their health to return to school to continue executing the decision, the Principal of the educational correctional facility must report to the Prison Management Department, Educational Institution Management and Educational Correctional Facility for the Director to issue a letter requesting the Minister of Public Security to issue a decision exempting the remaining execution period. This decision must be sent to the Chairman of the People's Committee of the provincial and commune levels where the file was established to send the student to the educational correctional facility, and simultaneously sent to the Provincial Police where the student resides.

The application file for temporary suspension or exemption from execution of the decision includes:

- A copy of the medical record or conclusion of a hospital at the district level or higher;

- A guarantor's request form of the student's relatives with confirmation from the Chairman of the Commune People's Committee (for cases requesting to return home for treatment);

- The educational correctional facility's proposal for temporary suspension or exemption from execution of the decision.

The file is submitted to the Prison Management Department, Educational Institution Management and Educational Correctional Facility for study and consideration. If the conditions for temporary suspension or exemption from execution of the decision are met, the Prison Management Department, Educational Institution Management and Educational Correctional Facility will issue a letter (attached with the application file of the educational correctional facility) to report to the Minister of Public Security for examination and issuance of a decision.

In cases where a student dies during the period of returning home for treatment, the relatives of the student must notify the educational correctional facility.

In cases where a student dies at the educational correctional facility or at the hospital, the procedures specified in Article 32 Clause 1 of the Regulation on Educational Correctional Facilities must be followed. The Principal of the educational correctional facility may allow the relatives to transport the student's body back to their place of residence for burial provided they have a request form confirmed by the Commune People's Committee agreeing and ensuring good maintenance of security, public order, and environmental hygiene as prescribed by law.

In all cases where a student dies at the educational correctional facility, hospital, or at home during the period of temporary suspension for treatment, the Principal of the educational correctional facility must report to the Prison Management Department, Educational Institution Management and Educational Correctional Facility and inform the People's Committee of the province that issued the decision to send the student to the educational correctional facility, the People's Committee of the commune where the student resides, and the Director is responsible for reporting to the Minister.

IX- REGARDING THE RESOLUTION FOR STUDENTS TO RETURN HOME WHEN THERE IS A FUNERAL OF RELATIVES IN THE FAMILY OR OTHER EMERGENCY SITUATIONS

The resolution for students to return home when there is a funeral or other emergency situations is implemented according to the provisions of Article 34 of the Regulation on Educational Correctional Facilities.

"Funeral of a relative of the student" means when the student's grandparents, parents, direct caregivers, or full siblings die.

"Other emergency situations" refer to when the aforementioned relatives of the student are seriously ill and waiting to die or have been in an accident, and apart from the student, there is no one to care for or assist them. In such cases, if the five-day period has expired and the relative of the student has not yet recovered to self-care, the Principal of the educational correctional facility may consider extending the leave until the relative can self-care.

The Principal of the educational correctional facility will only consider resolving these cases when there is a guarantor's request form from the family, confirmed and recommended by the Commune People's Committee. If the student's family has no one left or those who remain are in critical condition and unable to provide guarantees, then a guarantor's request form from a relative or Youth Union, Women's Association, or Child Protection and Care Board at the grassroots level must be obtained for the duration of the stay at home. The time spent at home caring for or assisting a seriously ill or severely injured relative shall not be counted towards the execution period of the decision.

Upon expiration of the leave period, the student must voluntarily return to the educational correctional facility. If the student does not return to school without a valid reason, the Principal of the educational correctional facility must apply coercive measures to bring the student back to continue executing the decision. In cases where the student runs away, it shall be handled according to Article 22 of the Regulation on Educational Correctional Facilities.

The time the student spends running away shall not be counted towards the execution period of the decision.

X- REGARDING THE REDUCTION OF THE EXECUTION PERIOD OF THE DECISION

1. Conditions for Consideration of Reduction

According to Article 35 of the Regulation on Educational Correctional Facilities, students who have completed half of the execution period and show significant progress or meritorious deeds may be considered for reduction of the execution period of the decision.

"Significant progress" by a student is demonstrated in the following aspects:

+ Showing sincere remorse;

+ Actively working and studying;

+ Strictly adhering to the Regulations and Internal Rules of the Educational Correctional Facility.

"Meritorious deeds" by a student include one of the following achievements: helping the educational correctional facility or investigative agency discover or prevent serious crimes or acts of escaping, resisting, or disrupting the educational correctional facility, or other serious violations by other students; having valuable technical innovations in production; excelling in studies; saving another person's life; or rescuing state, collective, or individual property of significant value.

2. Level of Reduction

Depending on the time required to execute the decision and achievements, the progress of each student will be reviewed and recommended for a reduction from one month to six months. Each person can only be reduced once. In special cases, if a person who has been reduced continues to make contributions or achieves outstanding results, they may be considered for a second reduction. In all cases, the total reduction time shall not exceed one third of the time required to execute as recorded in the decision.

3. Organizing the Council to review reductions and procedures, documents for requesting reduction of execution period

a) Educational institutions shall establish a Council to review reductions in execution periods comprising:

- The Principal of the educational institution serves as the Chairman of the Council;

- The Deputy Principal responsible for educational affairs serves as the Vice-Chairman of the Council;

- The Head of the educational records department serves as the Secretary of the Council;

- The Head of the class teachers serves as a member;

- The Head of cultural education teachers serves as a member.

Based on standards, conditions, and learning outcomes every three months (except in exceptional cases), the Council reviews each case and proposes reductions in execution periods for students meeting the criteria. When the Council convenes, the class teacher must present specific details and propose reduction levels for each student under their responsibility. Subsequently, the Council reviews, decides, and prepares the documents to request reduction of execution periods for students to be sent to the Prison Management Department, Educational Institutions, and Educational Centers.

The documents for requesting reduction include:

- Minutes of the meeting to consider requests for reduction of execution periods;

- Summary report on the efforts, training, and conditions for reduction of each student during their stay at the educational institution;

- List of students proposed for reduction consideration.

These documents must be prepared in three copies (according to a unified model), one copy retained by the educational institution, two copies sent to the Prison Management Department, Educational Institutions, and Educational Centers.

b) The Director of the Prison Management Department, Educational Institutions, and Educational Centers establishes a Council to review and approve comprising:

- The Director or Deputy Director authorized by the Director serves as the Chairman of the Council.

- The Head of the Department overseeing educational institutions and educational centers serves as a permanent member.

- The Deputy Head of the Department responsible for the educational center oversight team serves as a member.

- The staff member overseeing reduction reviews serves as a member.

- A representative from the leadership of the educational institution directly reports each case to the Council reviewing reductions.

The Council reviewing reductions bases its decisions on the proposal documents from the educational institution, comparing them with the standards to consider and propose reduction levels for each student.

Within seven days from receiving the documents from the educational institution, the Prison Management Department, Educational Institutions, and Educational Centers must review and prepare recommendations (along with the approved list and proposal documents from the educational institution) to report to the Minister of Public Security for consideration and decision.

Upon receipt of the reduction decision, the Principal of the educational institution must immediately copy or extract a copy of the decision to send to the People's Committee of the province where the decision was made to place the student in the educational institution, the People's Committee of the commune where the student resides, and the family of the student, while simultaneously organizing the announcement for the student to know and record in the student's file for monitoring.

XI - REGARDING REWARDS AND DISCIPLINE FOR STUDENTS

1. Rewards for students

The rewarding of students is carried out according to the provisions of Article 38 of the Regulation on Educational Centers. Reward decisions must be in writing and kept in the student's file for monitoring.

When rewarding students through granting leave to visit family, it must be those students who have truly progressed, consistently achieved good grades or better in studies and training, still have parents or close relatives (grandparents, siblings, or direct caregivers) with specific addresses.

The time students spend on leave is counted towards the execution period of the decision to place them in the educational institution.

2. Discipline for students

The disciplining of students is carried out according to the provisions of Article 39 of the Regulation on Educational Centers. During the time in disciplinary rooms, students must comply with requirements for study, self-improvement, or perform certain tasks within the institution as specified by the Principal of the educational institution.

If a student shows clear progress, acknowledges their mistakes, the Principal of the educational institution may consider and decide to reduce the time spent in the disciplinary room.

3. Observations and proposals for management and education measures when students complete the execution period of the decision to place them in the educational institution.

According to Clause 3 of Article 36 of the Regulation on Educational Centers, for students who have completed the period recorded in the decision but have not truly progressed, the Principal of the educational institution must provide individual observations and recommend subsequent educational and management measures to the People's Committee of the province and commune where the student resides, and send them to the police agency at the same level, no later than fifteen days before the completion date.

XII - IMPLEMENTATION

1. This Circular takes effect fifteen days after the date of issuance. Previous regulations of the Ministry of Interior (now the Ministry of Public Security) that conflict with this Circular are abolished.

2. The Chairman of the Provincial People's Committee directs relevant departments and lower-level People's Committees to implement legal provisions regarding placement in educational centers.

3. Directors of General Departments, Heads of Departments, and Directors of Bureaus under the Minister, and Directors of Public Security Departments of provinces and centrally-administered cities, according to their functions and responsibilities, are responsible for implementing this Circular.

4. During the implementation of this Circular, any issues encountered should be reported promptly to the Ministry of Public Security (through the Legal Affairs Department, General Bureau of Police, and Prison Management Department, Educational Institutions, and Educational Centers) for timely guidance.

5. The Legal Affairs Department leads and coordinates with the General Bureau of Police and Prison Management Department, Educational Institutions, and Educational Centers to inspect and urge the implementation of this Circular./.