Decree 108/2026/NĐ-CP Amending and Supplementing Certain Articles of Decree No. 140/2021/NĐ-CP dated December 31, 2021 by the Government on the Mode of Application of Administrative Sanctions for Placement in Juvenile Detention Centers and Compulsory Education Institutions

dated December 31, 2021, of the Government on the regime for applying administrative penalty measures to send individuals to a reformatory school or compulsory education facility
BASED ON

The Law on Organization of the Government No. 63/2025/QH15;

The Law on Handling Violations of Administrative Offenses No. 15/2012/QH13, as amended and supplemented by Laws Nos. 54/2014/QH13, 18/2017/QH14, 67/2020/QH14, 9/2022/QH15, 11/2022/QH15, and 56/2024/QH15, and Law No. 88/2025/QH15;

The Law on Legal Protection of Minors No. 59/2024/QH15, as amended and supplemented by Law No. 85/2025/QH15;

The Law on Execution of Criminal Sentences No. 127/2025/QH15;IN ACCORDANCE WITH

the proposal of the Minister of Public Security; THE GOVERNMENT ISSUES THIS DECREE

amending and supplementing certain articles of Decree No. 140/2021/NĐ-CP dated December 31, 2021, of the Government on the regime for applying administrative penalty measures to send individuals to a reformatory school or compulsory education facility.

Article 1. Amend and supplement Clause 7 of Article 3 as follows:

“7. Lập công is a case where a student or inmate discovers, provides information that helps the reformatory school or compulsory education facility prevent, control, and combat subversive activities, schemes, acts that disrupt public order, security, and safety, or anti-reformatory school or compulsory education facility activities; assists relevant authorities in identifying, apprehending, investigating, and handling criminal cases; bravely rescues a person who is in imminent danger to their life or saves property with a value of 20,000,000 VND (twenty million Vietnamese dong) or more; or proposes innovative technical improvements during labor. Such cases must be confirmed by the competent authority.”

Article 2. Amend Article 13 as follows: “Article 13. Procedure and formalities for applying administrative penalty measures to send individuals to a reformatory school 1. After completing the procedure of establishing the application file for sending an individual to a reformatory school, the Chief of the Police Station transfers the file to the People's Court in the area for examination and decision on applying such measure. The file includes:

a) A document from the Chief of the Police Station requesting the People's Court in the area to examine and decide on applying administrative penalty measures to send an individual to a reformatory school;

b) For individuals specified under Article 92 of the Law on Handling Violations of Administrative Offenses, the file shall be prepared according to paragraph 1 of Article 99 of the same law;

c) For individuals discovered, investigated, and prosecuted by a provincial-level public security organ or unit, the file shall be prepared in accordance with paragraph 2 of Article 99 of the same law.

2. The transfer and receipt of the file must be recorded in a memorandum. The file must be indexed according to regulations.”
Article 3. Amend and supplement Point d of Clause 5 of Article 15 as follows:
“d) One of the following documents: A confirmation document or a copy of the medical record from a basic-level healthcare facility regarding a serious illness; a confirmation document from a basic-level healthcare facility regarding pregnancy status; a confirmation document from the principal of the reformatory school, head of a people's committee at or above the commune level, or competent authority on matters related to establishing merit for bravery in labor; a document confirming recognition by a competent authority of innovative technical improvements during labor.”
b) For objects specified in Article 92 of the Law on Handling Administrative Violations, the file shall be in accordance with the provisions set forth in Clause 1 of Article 99 of the same law;
c) For objects discovered, investigated, and accepted for handling violations of laws by organs or units under the Provincial Public Security Department, the file shall be in accordance with the provisions set forth in Clause 2 of Article 99 of the same law.
2. The transfer and receipt of files must be recorded in a memorandum. The file must be indexed according to the prescribed rules.

Article 3. Amend and supplement Point d) of Clause 5 of Article 15 as follows:

“d) One of the following documents: A confirmation document or a copy of the medical record from a basic-level or higher healthcare facility regarding a critical illness; a confirmation document from a basic-level or higher healthcare facility regarding pregnancy status; a confirmation document from the Principal of an educational reform institution, Chairperson of people's committee at or above the commune level, or competent authority regarding meritorious service in the discovery, pursuit, investigation, and handling of criminal offenses related to crime prevention; a confirmation document from a competent authority recognizing valuable technological innovations or improvements in labor.”

Article 4. Amend Article 17 as follows:

“Article 17. Diet, clothing, and living necessities of students
1. The State shall ensure the diet standards for each month which include:
a) 20 kg of glutinous rice;
b) 1.5 kg of pork;
c) 1.5 kg of fish;
d) 8 chicken or duck eggs;
e) 0.5 kg of sugar;
g) 0.75 liters of soy sauce;
i) 0.1 kg of monosodium glutamate (MSG);
h) 0.5 kg of salt;
j) 17 kg of green vegetables, roots, and fruits;
l) 0.2 liters of cooking oil;
m) Other condiments equivalent to 0.5 kg of glutinous rice;
n) Fuel equivalent to 17 kg of firewood or 15 kg of coal.
Foodstuffs, provisions, and fuel shall be of good quality and at the average market price in the locality according to current prices.
The diet for students on holidays and festivals may be increased but not more than five times the daily standard.
2. In addition to the dietary standards specified in paragraph 1, students may use their own money to purchase additional food, which must be recorded through the school's system for student dining services.
3. The principal of a reformatory school may adjust the dietary quotas mentioned above as appropriate to ensure that students consume all the daily standard. The principal shall determine the diet for sick or injured students based on proposals from medical staff at the reformatory school or upon instructions from a doctor at a healthcare facility, but the total amount of food consumed must not exceed five times the daily standard.
4. Each branch of a reformatory school shall organize at least one communal dining kitchen. The equipment quota for one communal kitchen serving 100 students includes: one cabinet with mesh or glass cover, three large pots, one small pot, and one large pot that can be used for three years; various knives, chopping boards, dishwashing basins, baskets, strainers, bowls, chopsticks, and other necessary equipment for cooking and portioning food to students.
Equipment for one dining table of six students includes: one table with four compartments or a plastic tray with five compartments for storing rice dishes, and one plastic spoon for eating rice used for two years; two plates for serving food, one bowl for dipping sauce, one ladle for rice, and one ladle for soup used for one year.
Equipment for one student's individual meal includes: a pair of four-compartment containers or five-compartment plastic trays for storing rice dishes, and one plastic spoon for eating rice used for two years.
5. Students are provided with electricity and water to meet daily living requirements.
6. The clothing and living necessities standards for students during the year shall be as follows:
a) Two sets of long-sleeved clothes;
b) One set of uniform long-sleeved clothes;
c) Two sets of undergarments;
d) Two pairs of plastic sandals;
e) One raincoat;
f) One hard hat;
g) One cloth cap;
h) Three handkerchiefs;
i) Three toothbrushes;
k) Two personal quilts;
l) 800 grams of toothpaste;
m) 3.6 kg of soap;
n) 800 ml of shampoo.
Students entering a reformatory school are provided with one mosquito net, one cotton quilt, and one pillowcase. For schools in the northern region starting from Da Nang city, each student is provided with one warm jacket, two pairs of socks, one woolen cap, and one quilt weighing no more than 2 kg for use over two years. Students who must serve a term of 12 months or longer are provided with this equipment twice (excluding the quilt).
7. Students may bring into the reformatory school essential personal items as specified by the Ministry of Public Security. Female students are provided with necessary hygiene items not exceeding 5 kg of glutinous rice per student per month.
8. Students participating in labor and vocational training, where occupational safety equipment is required by law, shall receive an additional two sets of work clothes and protective gear annually.
9. The Minister of Public Security shall specify the model of uniform, protective clothing, and vocational training attire for students.”

Article 5. Amend Clause 1 of Article 19 as follows:

“1. Medical Care for Students
a) Upon arrival at a reformatory school, students are to undergo health examinations organized by the medical facility of the reformatory school in accordance with regulations. During their period of educational measures execution within the reformatory school, students are to be examined every six months specifically: measuring height, weight, and average chest circumference; checking heart rate, blood pressure, body temperature; conducting comprehensive clinical examination according to various specialties; performing additional diagnostic examinations as directed by a doctor. The costs for regular health examinations of students shall be paid in accordance with the price framework stipulated by the Ministry of Health. Results of regular health examinations are to be recorded in student files for management purposes. Medicines and medical supplies for common illnesses, and consumables for students amounting to 7 kg of rice per student per month are provided.
b) In case a student falls ill or is injured, they will receive treatment at the school infirmary. If such treatment exceeds the capabilities of the infirmary, the student shall be transferred to an appropriate medical facility for further treatment and notification to their parents or legal guardian. The principal of the reformatory school may decide on subsequent treatment if it continues beyond the capacity of the treating facility, while simultaneously reporting to the Prison Administration Department, the Office of Compulsory Education Institutions, and the Ministry of Public Security.
c) For students showing signs of mental illness or other conditions that impair their ability to recognize or control their behavior, the principal of the reformatory school shall coordinate with state-run psychiatric facilities for examination and treatment in accordance with relevant laws.
For students with a history of drug addiction, based on conditions and capabilities, the reformatory school may organize health examinations, care for physical well-being, and rehabilitation; if the student meets diagnostic criteria for drug addiction, they will be coordinated with relevant authorities to undergo rehabilitation according to regulations.
d) The reformatory school regularly implements measures to prevent and control diseases, implementing preventive measures against disease transmission, treating HIV/AIDS and other infectious diseases among students.
e) Costs for medical examinations and treatment of students are borne by the state, except in cases where close relatives or legal representatives voluntarily pay for treatment costs. Students with health insurance continue to receive coverage; any additional costs beyond what is covered by insurance are provided by the state. In cases where a medical facility has sufficient capacity to provide free medical services, the principal of the reformatory school may decide on such provision.

Article 6. Amend and Supplement Article 24 as follows:

“Article 24. Visitation Rights, Communication, and Receipt of Money or Gifts by Students
1. Visitation Rights for Family Members
a) Students are allowed to visit family members at the school's visitor center during school hours; visits may extend beyond regular hours as decided by the principal of the reformatory school.
Visits can occur on all days, including holidays and festivals. In cases where students demonstrate good behavior, actively engage in training, study, vocational skills, or to support educational efforts, the principal may decide to extend visitation time up to 24 hours at an additional meeting room for a single session.
b) The reformatory school issues a unified visitor logbook listing family members of students. The principal signs and seals this logbook. The logbook must be confirmed by the local People's Committee, police station, or employer/educational institution where the person works/studies for the first time or upon any change in family members.
Family members visiting must have their names listed on the visitor logbook and present a national identity card, resident identity card, passport, or use VNeID application to complete procedures. If family members visit without the required documents, they must submit an application with a photograph and stamp affixed, confirmed by the local People's Committee, police station, or employer/educational institution.
Family members visiting students must comply with relevant laws, visitor center rules, and follow guidance from school staff.
2. Communication
a) Students are allowed to send and receive mail through the postal service; mail is pre-screened before sending or receiving; students may not send or receive mail if its content is inappropriate, unsuitable for cultural norms, or lacks educational value;
b) Students can communicate with family members via telephone or video calls using electronic devices up to four times per month, each session not exceeding 15 minutes. In cases where the student has a need to discuss matters related to their rights and legitimate interests or for educational purposes, the principal may approve additional sessions but no more than two per month, with each session not exceeding 30 minutes. Before contacting family members, students must register according to school regulations; if school staff discover content that does not match the registered information, communication will be terminated.
c) Students who are undergoing individual education or are under investigation, prosecution, or trial shall not communicate by telephone or video calls with their family members.
3. Payment and gift procedures
a) Students may receive cash (Vietnamese dong) sent by relatives during visits, which shall be received by the staff responsible for organizing such visits and recorded in the student's savings book; for cash sent via postal service, the Principal of the educational reform institution is responsible for dispatching staff to collect the money from the post office and process the necessary procedures for recording according to regulations, maintaining a record, managing it, and simultaneously informing the student who will receive the money.
The amount of securities held on behalf of students shall be used to purchase foodstuffs, provisions, goods, and other essential items at the school canteen; for payment of postage fees, telephone communication charges; sent back to relatives or received (if any) after completion of the decision;
b) Students may receive gifts during visits from their relatives in accordance with the law, except for alcohol, beer, tobacco, other stimulants, items, and cultural products listed as prohibited. For perishable goods or processed food that does not meet food safety standards, the relative must take them back; each month, students may receive up to two postal packages through the post office, not exceeding 7 kg per delivery, if sent in one delivery then not more than 14 kg; in cases where postal packages do not meet food safety standards, a destruction inventory shall be made with the student's signature or fingerprint confirmation;
c) Students may receive medicine, nutritional supplements, and functional foods during visits from their relatives. Such items must have labels, dosage, functions, place of manufacture, and remaining shelf life. The reformatory will provide a separate cabinet for storage; medical staff are responsible for managing the medicine cabinet, inspecting, and guiding students on usage when needed. When a student is ill or in pain and requires medication, medical staff shall dispense based on diagnosis and treatment plan, instructing the student on proper use and noting "Medicine from relatives" in the medical record or registering it in the follow-up book; the student must sign or fingerprint their name in the medical record or follow-up book. Expired medicine, nutritional supplements, and functional foods shall be destroyed with the student's signature or fingerprint confirmation;
Upon completion of a decision or transfer to another location, medical staff must inspect, reconcile, return any unused medicines or nutritional supplements to the student, or hand over the remaining medications along with the student’s health records.

Article 7. Amend Article 27 as follows:

“Article 27. Procedures and documentation for applying compulsory education institution placement measures
1. After completing the preparation of the application documents for compulsory education institution placement, the Chief of the Local Public Security Office shall transfer the file to the District People's Court for review and decision on applying such measures. The file includes:
a) A document from the Chief of the Local Public Security Office requesting the District People's Court to consider and decide on the application for compulsory education institution placement;
b) For individuals as defined in Article 94 of the Administrative Violations Handling Law, documents and papers as specified in paragraph 1 of Article 101 of the Administrative Violations Handling Law;
c) For individuals as defined in paragraph 3 of Article 118 of the Administrative Violations Handling Law, documents and papers as specified in paragraph 2 of Article 101 of the Administrative Violations Handling Law;
d) For individuals discovered, investigated, and prosecuted by a provincial public security organ or unit, documents and papers as specified in paragraph 3 of Article 101 of the Administrative Violations Handling Law.
2. In cases where an individual subject to compulsory education institution placement decision has not executed such decision and absconds, if they are at least 18 years old when apprehended, the local public security office that prepared the application file may request the District People's Court for review and decision on applying such measures if the individual meets the criteria. The file includes:
a) A document from the Chief of the Local Public Security Office requesting consideration and decision on applying such measures;
b) The previous application file for compulsory education institution placement;
c) The fugitive search order;
d) The inventory record of detained person with fugitive search order;
d) The temporary detention decision under administrative procedure (if applicable);
e) The cessation of search decision.
g) Documentation on any violations committed during the period of absconding (if applicable).
3. For students subject to compulsory education institution placement who have absconded, if they are at least 18 years old when apprehended, the Principal of the reformatory may request the District People's Court where the reformatory is located for review and decision on applying such measures if the individual meets the criteria. The file includes:
a) A document from the Principal of the reformatory requesting the District People's Court to consider and decide on applying such measures;
b) Documentation and files during the period of compulsory education institution placement;
c) The fugitive search order;
d) The inventory record of detained person with fugitive search order;
d) The temporary detention decision under administrative procedure (if applicable);
e) The cessation of search decision.
4. Transfer and receipt of files must be recorded in a memorandum. Files must be indexed according to regulations.”

Article 8. Amend and supplement Point a, d of Clause 1; Points c, Clause 3 of Article 32 as follows:

“1. The uniform allowance for inmates in one year shall be provided as follows:
a) Two sets of unified long-sleeve and long-pants uniforms;
d) Inmates residing at compulsory education facilities north of Da Nang city shall receive one unified warm jacket per year.
3. In addition to the provisions set forth in Clause 2 hereof, inmates shall also be provided with:
c) For inmates residing at compulsory education facilities north of Da Nang city, one unified down comforter every two years weighing no more than 2 kg.”

Article 9. Amend and supplement Article 38 as follows:

“1. Inmates who have distinguished themselves in training, study, and strict adherence to legal provisions or internal rules of compulsory education facilities, or those who have rendered meritorious service, shall be rewarded by one or more of the following methods:
a) Praise; gift money or goods;
b) Increase in the number and duration of visits with family members, telephone calls, video calls using electronic means, and gifts received;
c) Be recommended for reduction or exemption from serving the remaining period of time.
2. Inmates who violate internal rules shall be disciplined by one of the following methods depending on the nature and extent of the violation:
a) Verbal warning;
b) Caution;
c) Isolation from other inmates in a disciplinary room for up to 10 days. During this period, visits with family members are not allowed.
d) Limitation on the number of visits with family members, telephone calls, video calls using electronic means, and gifts received.”

Article 10. Amend and supplement Clauses 1 and 2 of Article 39 as follows:

“1. Visitation regime
a) Inmates are allowed to visit family members twice per month for no more than two hours each time at the compulsory education facility’s visitor center, subject to compliance with visiting rules. Additional visits beyond the regular duration require approval from the Director of the Compulsory Education Facility but not exceeding four hours;
b) Inmates who have continuously ranked as good or excellent for three consecutive months prior to the visit and submit a request may be allowed up to 24 hours in one visit with their spouse, who can stay overnight at the visitor center. The spouse must present proof of marital status such as a marriage certificate, extract from marriage register, or a certificate of marital status issued by the local People’s Committee;
c) Visitation is organized on all days of the week, including holidays and festivals. The schedule for inmate visits is based on the working hours of the compulsory education facility; in case of overtime, it is decided by the Director of the Compulsory Education Facility;
d) For first-time visitors to inmates, a request must be submitted along with confirmation from the local People’s Committee or police station where they reside. From subsequent visits, only individuals listed in the visitor logbook and presenting identification documents such as national ID card, resident identity card, passport, or using VNeID application can visit. If the individual does not have the required documents, a request with a recent photograph and official seal must be submitted for confirmation by the local People’s Committee, police station, or employer;
Visitors to inmates must comply with legal provisions, visitor center rules, and follow instructions from staff of the compulsory education facility;
d) For visits by other entities or individuals, approval is granted by the Director of the Compulsory Education Facility based on a request letter from the entity or individual, confirmed by their local People’s Committee or employer, specifying the reason for the visit; before visiting, inmates must register according to facility regulations. If any content of the communication does not match the registered information, the communication will be terminated;
g) Inmates who are currently under disciplinary isolation in a disciplinary room or undergoing investigation, prosecution, or trial shall not be allowed to visit family members.”
2. Communication regime
a) Inmates may send and receive letters through the postal service; letters are subject to prior inspection before sending and receiving; inmates are prohibited from sending or receiving letters if their content is inappropriate, against good morals, or lacks educational value;
b) Inmates may communicate with family members by telephone or video call using electronic means twice per month for no more than 10 minutes each time. If the inmate has a need to discuss matters related to their rights and legitimate interests or for educational purposes, the Director of the Compulsory Education Facility may grant additional calls. Before making such calls, inmates must register according to facility regulations; if any content of the communication does not match the registered information, the communication will be terminated;
c) Inmates who are currently under disciplinary isolation in a disciplinary room or undergoing investigation, prosecution, or trial shall not be allowed to make telephone calls or video calls using electronic means, send letters to family members.”

Article 11. To add paragraph 5 to Article 51 as follows:

“5. To cooperate with the Ministry of Education and Training and the Ministry of Finance in developing a joint operation regulation for inspection, evaluation of the implementation of policies and regulations concerning students and trainees.”

Article 12. To amend Article 53 as follows:

“Article 53. Responsibilities of the Ministry of Education and Training
To cooperate with the Ministry of Public Security in developing the following contents:
1. Develop educational programs for reform schools and compulsory education institutions; direct provincial departments of education and training to guide, inspect the quality of learning, organize examinations and issue certificates or graduation diplomas corresponding to the educational program for students and trainees; provide textbooks and train teachers for reform schools and compulsory education institutions; facilitate continued education for students after their release in their place of residence.
2. Develop vocational guidance programs, guide organization of vocational training and implementation of labor insurance regulations for students and trainees as per the law; community reintegration for students and trainees.”

Article 13. To amend and supplement Article 55 as follows:

“Article 55. Responsibilities of the Ministry of Finance
1. Consolidate, balance, allocate funds for the application of administrative measures to be sent to reform schools and compulsory education institutions, submit them to competent authorities for approval; send to the Ministry of Public Security for monitoring and implementation according to their authority.
2. Guide and inspect the management and use of funds for the application of administrative measures to be sent to reform schools and compulsory education institutions.”

Article 14. To repeal Article 54.

Article 15. To repeal Article 56.

Article 16. To repeal the phrase “Ministry of Labour, Invalids and Social Affairs” in paragraph 4 of Article 51.

Article 17. To replace certain phrases in several articles and paragraphs as follows:

1. Replace the phrase “Immediate family members” with “Close relatives” in paragraph 5, 8 of Article 3; paragraph 1 of Article 4; paragraph 3 of Article 12; paragraph 3 of Article 20; paragraph 1, 2 of Article 25; paragraphs 1 and 2 of Article 26; paragraph 7 of Article 34; paragraphs 1 and 2 of Article 38; paragraph 3 of Article 39; paragraph 1 of Article 40; Articles 41; paragraph 4 of Article 42; paragraphs 1 and 2 of Article 43, and in the application forms for administrative measures to be sent to reform schools and compulsory education institutions as specified in Article 58;

2. Replace the phrase “District Public Security Bureau” with “Township Public Security Bureau” in paragraph 1 of Article 5; paragraph 5 of Article 6; paragraph 1 of Article 9; paragraphs 1, 4 of Article 10; paragraphs 1, 3, 5, 6 of Article 12; paragraphs 1, 2, 3 of Article 13; paragraph 2 of Article 14; paragraph 1 of Article 25; paragraph 2 of Article 28; paragraph 1 of Article 40; paragraphs 1 and 2 of Article 42; paragraphs 1 and 2 of Article 43, and paragraph 1 of Article 44, and in the application forms for administrative measures to be sent to reform schools and compulsory education institutions as specified in Article 58;

3. Replace the phrase “healthcare facilities from district level” with “basic-level or higher healthcare facilities” in paragraphs 3 and 4 of Article 3; paragraph 3 of Article 12; paragraph 1 of Article 14; paragraphs 1, 3, 4, 5 of Article 15; paragraph 1 of Article 25; paragraph 1 of Article 28; paragraphs 1, 3, 4, 5 of Article 29; paragraphs 4 and 7 of Article 34 and paragraph 1 of Article 40;

4. Replace the phrase “People's District Court” with “Regional People's Court” in Article 5; paragraph 5 of Article 6; paragraphs 3, 4, 6 of Article 12; paragraph 1 of Article 14; Article 15; paragraph 1 of Article 25; paragraph 1 of Article 28; Articles 29; paragraph 1 of Article 40; paragraphs 1 and 2 of Article 42, and paragraphs 1 and 2 of Article 43, and in the application forms for administrative measures to be sent to reform schools and compulsory education institutions as specified in Article 58;

5. Replace the phrase “Education and Training Office” with “Department of Education and Training” in paragraph 1 of Article 20;

6. Replace the phrase “Ministry of Labour, Invalids and Social Affairs” with “Ministry of Education and Training” in paragraph 2 of Article 20 and paragraph 3 of Article 36;

7. Replace the phrase “People's District Prosecutor’s Office” with “Regional People's Prosecutor’s Office” in paragraph 1 of Article 25; paragraph 1 of Article 40.

8. Replace the phrase “Identity card” with “Citizen identification” in the application forms for administrative measures to be sent to reform schools and compulsory education institutions as specified in Article 58.

Article 18. Implementation Provisions

1. This Decree shall take effect from May 15, 2026.

2. The Minister, Heads of agencies at the same level as ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and cities, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.