Decree No. 118/2010/ND-CP Amending and Supplementing Certain Provisions of Decrees on the Application of Measures to Place Individuals in Educational Institutions and Juvenile Rehabilitation Centers

DECREE

Amending and supplementing certain articles of Decrees on the application of measures to place individuals in educational facilities and reformatory schools

measures for placement in educational facilities, reformatory schools

 ______________________________

THE GOVERNMENT

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

Pursuant to the Administrative Violation Handling Law 2002 as amended and supplemented by Law No. 04/2008/UBTVQH12 dated April 2, 2008;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on the specific implementation of measures to place individuals in educational facilities.

1. Article 22 shall be amended and supplemented as follows:

"Article 22. Transfer of inmatesFor the purpose of aligning with the scale of inmate management at educational facilities or due to operational requirements, the Director General of the Department of Criminal Enforcement and Judicial Support under the Ministry of Public Security shall issue a decision to transfer inmates from one educational facility to another in accordance with the regulations of the Ministry of Public Security."

2. Clause 3 of Article 25 shall be amended and supplemented as follows:

"3. The Director General of the Department of Criminal Enforcement and Judicial Support shall decide on reducing the term, temporarily suspending, or exempting from execution based on the provisions of Clause 1 and Clause 2 of this Article upon the proposal of the Director of the educational facility. Such decisions must be sent to the Chairman of the People's Committee of the province that issued the decision to place the individual in the educational facility and the People's Committee of the commune where they reside."

3. Clause 1 of Article 26 shall be amended and supplemented as follows:

"1. When the individual placed in the educational facility has completed the term of placement, the Director of the educational facility shall issue a Certificate to such individual and send a copy of the Certificate to the Department of Criminal Enforcement and Judicial Support, the Chairman of the People's Committee of the province that issued the decision, and the People's Committee of the commune where the individual resides.

In cases where the individual has completed the decision but has not truly shown progress, the Director of the educational facility must provide a separate assessment and recommend further management and education measures to be sent to the public security agency at the district level and the People's Committee of the commune where the individual resides.

Within five days from returning to their locality, the individual who has completed the term of placement in the educational facility must report to the police station, ward, town where they reside."

Article 2. Amending and supplementing Decree No. 125/2008/NĐ-CP dated December 11, 2008 amending and supplementing certain articles of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on the specific implementation of measures to place individuals in educational facilities.

1. Clause 12 of Article 1 shall be amended and supplemented as follows:

"Article 28. Clothing and food allowance
1. Each inmate receives two sets of long pants and shirts, two sets of underwear, two towels, one pair of shoes, two toothbrushes, two personal mats, one raincoat, one sun and rain hat annually; quarterly, each inmate receives one tube of toothpaste weighing 150 grams and 0.6 kilograms of soap; every two years, each inmate receives one wool blanket and one mosquito net; for inmates in educational facilities north of Thua Thien Hue, an additional warm coat and quilt up to 2 kilograms will be provided for two years.

Female inmates receive a monthly allowance equivalent to 2 kilograms of regular rice based on the market price in their respective localities for personal hygiene.

2. The monthly food ration for inmates is as follows: 17 kilograms of regular rice, 1.5 kilograms of meat or fish, 0.5 kilograms of ordinary sugar, 1 kilogram of salt, 100 grams of monosodium glutamate, 1 liter of fish sauce, 15 kilograms of fresh vegetables, 15 kilograms of firewood or equivalent fuel. On holidays and New Year's Day, they may have up to three additional meals per day compared to the standard daily meal; during Tet, they may have up to five additional meals per day compared to the standard daily meal. For those engaged in heavy labor or in hazardous environments, the standard may be increased by 15%. Food standards are calculated based on the market prices in each locality.

3. The diet and rest of inmates who are ill are determined by the Director of the educational facility according to the medical facility's instructions."

2. Point 2 of Clause 14 of Article 1 shall be amended and supplemented as follows:

"2. Based on the specific conditions of the educational facility, the Director of the educational facility organizes regular health check-ups and implements preventive measures against diseases for inmates. Monthly medical expenses, including examination and treatment fees for each inmate, are equivalent to 2 kilograms of regular rice based on the market price in their respective localities.

If an inmate falls ill, based on the medical staff's recommendation, the Director of the educational facility may grant them temporary leave from work and study or reduce their workload and working hours during the illness period; if necessary, they may be treated at the facility's clinic or referred to a hospital; in severe cases requiring home treatment, the Director of the educational facility reports to the Director General of the Department of Criminal Enforcement and Judicial Support to issue a decision to temporarily suspend the execution of the decision in accordance with Article 25 of this Decree.

If an inmate is injured due to workplace accidents, natural disasters, or fires, the Director of the educational facility must process the procedures to implement the compensation system for the inmate as prescribed.

If an inmate shows signs of mental illness, the Director of the educational facility must send a letter to the Central Mental Hospital in the region and dispatch an officer to request a psychiatric evaluation. The Central Mental Hospitals in the region are responsible for conducting psychiatric evaluations for inmates and issuing written conclusions to the Director of the educational facility for resolution in accordance with the law."

Article 3. Amending and supplementing certain articles of Decree No. 142/2003/NĐ-CP dated November 24, 2003 on the application of administrative handling measures to place individuals in reformatory schools

1. Clause 2 of Article 38 shall be amended and supplemented as follows:

"2. Within five days from receiving the request to reduce or exempt the remaining time from the Principal of the reformatory school, the Director General of the Department of Criminal Enforcement and Judicial Support shall be responsible for reviewing and issuing a decision to reduce or exempt the remaining time as stipulated in Clause 1 of this Article. These decisions shall be sent to the Chairman of the People's Committee of the district that issued the decision to place the individual in the reformatory school, the People's Committee of the commune where the file was established, and the student whose remaining time is being considered for reduction or exemption."

2. Clause 2 of Article 39 shall be amended and supplemented as follows:

"2. When the person has completed the decision to be admitted to the educational correctional facility, the Principal of the educational correctional facility shall issue a Certificate for that person and send a copy of the Certificate to the General Department of Judicial Police and Probation, the Chairman of the People's Committee of the district where the decision was issued, the People's Committee of the commune where the person resides, and the parents or guardians of the person."

In cases where the person has completed the decision but has not yet shown real progress, the Principal of the educational correctional facility must provide a separate assessment and recommend further management and education measures to be sent to the Chairman of the People's Committee of the commune where the person resides and the police agency of the district where the file requesting admission to the educational correctional facility was established."

Article 4. Amending and supplementing some articles of Decree No. 66/2009/ND-CP dated August 1, 2009, amending and supplementing some articles of Decree No. 142/2003/ND-CP dated November 24, 2003 on the application of administrative sanctions involving admission to educational correctional facilities.

1. Point 3, Clause 14, Article 1 is amended and supplemented as follows:

"3. The scale of each educational correctional facility manages from 500 to 1,500 students. Based on the situation and specific conditions, the Minister of Public Security decides on the scale of each facility and the location for building the educational correctional facility. An educational correctional facility with more than 1,000 students may establish branch schools according to the regulations of the Ministry of Public Security.

If the number of students exceeds the scale of the facility or for other legitimate and necessary reasons requiring the transfer of students from one educational correctional facility to another, the Director of the General Department of Judicial Police and Probation shall issue a decision on the transfer in accordance with the regulations of the Ministry of Public Security. The decision on the transfer must be sent to the People's Committee of the district where the decision to admit to the educational correctional facility was issued, the People's Committee of the commune where the student resides, and the parents or guardians of the student."

2. Point 2, Point 3, Point 4, Clause 21, Article 1 are amended and supplemented as follows:

"2. Students who fall ill are treated at the medical facility of the educational correctional facility. In cases where a student's illness is severe and exceeds the treatment capacity of the medical facility of the educational correctional facility, they will be transferred to a hospital for treatment. If the family submits a request to bring the student back home for treatment, the Principal of the educational correctional facility must report and request the Director of the General Department of Judicial Police and Probation to issue a decision temporarily suspending the execution of the decision at the educational correctional facility.

Within five days from the date of receiving the request from the Principal of the educational correctional facility, the Director of the General Department of Judicial Police and Probation is responsible for reviewing and issuing a decision temporarily suspending the execution of the decision at the educational correctional facility.

In cases where a student is temporarily suspended to be brought back home for treatment, the family must bear all expenses for examination and treatment of the student.

3. In cases where a student suffers from a serious illness requiring long-term hospitalization, within seven days from the date of transferring the student to the hospital, the Principal of the educational correctional facility must report to the Director of the General Department of Judicial Police and Probation. The expenses for examination and treatment of the student are covered by the state budget. The educational correctional facility directly pays the hospital fees to the hospital where the student is transferred for treatment. During the time the student is being treated at the hospital, the educational correctional facility is responsible for caring for the student, and if the student has a family, it should cooperate with the family to care for them; the educational correctional facility is responsible for strict management to prevent the student from escaping or violating the law.

In cases where a student shows signs of mental illness, the Principal of the educational correctional facility shall send a document to the Central Mental Hospital in the region and simultaneously dispatch staff to accompany the student for a mental health evaluation. The Central Mental Hospitals in the region are responsible for evaluating the student according to the request of the Principal of the educational correctional facility and providing a written conclusion to the Principal of the educational correctional facility to follow the procedures prescribed by law.

The time for a student to treat illness as stipulated in Clauses 2 and 3 of this Article is counted towards the time of executing the decision. One day of treatment counts as one day of executing the decision. If, after recovery, the remaining time of the decision is six months or more, the student must continue to execute the decision at the educational correctional facility. If the remaining time is less than six months, the Principal of the educational correctional facility reports and requests the Director of the General Department of Judicial Police and Probation to review and issue a decision exempting the student from the remaining time.

4. In cases where a student suffers from a terminal illness or a pregnant woman, they are exempted from the remaining time. Within five days from the date of receiving the request to exempt the remaining time from the Principal of the educational correctional facility, the Director of the General Department of Judicial Police and Probation is responsible for reviewing and issuing a decision exempting the student from the remaining time."

Article 5. Effectiveness

This Decree takes effect from February 15, 2011.

Article 6. Responsibility for Implementation

1. The Minister of Public Security is responsible for organizing the implementation and guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.