Decree No. 120/2021/NĐ-CP on the regime for applying administrative educational measures at commune, ward, town level

DECREE

Regulations on the Application of Administrative Sanctions for Education at Communes, Wards, and Towns

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

BASED ON THE LAW ON PREVENTION AND CONTROL OF DRUG ABUSE dated March 30, 2021;

At the proposal of the Minister of Justice;

The Government promulgates this Decree to regulate the application of administrative sanctions for education at communes, wards, and towns.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the examination and decision-making process for applying administrative sanctions for education at communes, wards, and towns (hereinafter referred to as administrative sanctions for education at communes, wards, and towns) and the examination and decision-making process for transferring to apply substitute administrative violation management measures at home (hereinafter referred to as administrative management measures at home).

Article 2. Applicability

1. Persons proposed and subject to administrative sanctions for education at communes, wards, and towns.

2. Persons subject to administrative management measures at home.

3. Authorities and persons with the authority to establish files proposing and deciding on the application of administrative sanctions for education at communes, wards, and towns and administrative management measures at home.

4. Authorities, organizations, and individuals participating in the organization and enforcement of decisions on the application of administrative sanctions for education at communes, wards, and towns and administrative management measures at home.

5. Other related agencies, organizations, and individuals.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

1. Timely, public, objective, and fair; in accordance with the authority, subjects, procedures, and formalities prescribed in the Law on Handling Administrative Violations and this Decree.

2. Not infringing upon the health, honor, and dignity of the violator.

3. Respecting and protecting the privacy of the violator.

4. The authority responsible for applying administrative sanctions for education at communes, wards, and towns has the responsibility to prove the administrative violation. Individuals under consideration for the application of administrative sanctions for education at communes, wards, and towns have the right to prove themselves, either personally or through their lawful representatives, that they do not fall within the scope of such sanctions.

5. Ensuring the participation of authorities, organizations, and individuals in the community, schools, and families in assisting and educating those subject to administrative sanctions for education at communes, wards, and towns.

6. The decision on the duration of applying administrative sanctions for education at communes, wards, and towns must be based on the nature, severity, consequences of the violation, the background of the violator, mitigating circumstances, and aggravating circumstances.

7. Administrative sanctions for education at communes, wards, and towns shall only be applied to minors when necessary to educate and assist them in correcting their mistakes, developing healthily, and becoming useful citizens for society. For minors falling within the categories specified in points c, d, and đ of Clause 2, Article 5 of this Decree, administrative sanctions for education at communes, wards, and towns shall only be decided upon if conditions for applying administrative management measures at home are not met. The application of administrative management measures at home does not constitute being subject to administrative violation handling.

8. During the examination and decision-making process for applying administrative sanctions for education at communes, wards, and towns to minors, the authority responsible for handling administrative violations must ensure their best interests.

Article 4. Mitigating Circumstances and Aggravating Circumstances

1. In addition to the mitigating circumstances prescribed in Clauses 1, 2, 3, 4, 5, 6, and 7 of Article 9 of the Law on Handling Administrative Violations, when deciding on the application of administrative sanctions for education at communes, wards, and towns, the authority may consider mitigating circumstances where the violator is currently raising a child under 36 months old.

2. Aggravating circumstances considered for application when deciding on the application of administrative sanctions for education at communes, wards, and towns include points a, c, đ, e, g, k, and m of Clause 1, Article 10 of the Law on Handling Administrative Violations.

Article 5. Subjects, Statute of Limitations, Duration of Application of Community Education Measures

1. Community education measures shall be applied to subjects as prescribed in Article 90 of the Law on Handling Administrative Violations. Such measures shall not be applied to foreign nationals.

2. Subjects and statute of limitations for applying community education measures:

a) For individuals aged from 12 to under 14 years old who commit acts indicative of a very serious crime due to intent as stipulated in the Criminal Code, the statute of limitations is one year, calculated from the date of committing the violation.

b) For individuals aged from 14 to under 16 years old who commit acts indicative of a serious crime due to intent as stipulated in the Criminal Code, the statute of limitations is six months, calculated from the date of committing the violation.

c) For individuals aged from 14 to under 16 years old who have been administratively punished twice and had their administrative violations recorded at the third offense within six months for any of the following acts: disrupting public order, theft, gambling, fraud, illegal motorbike racing, the statute of limitations is six months, calculated from the date of the last committed act.

d) For individuals aged from 16 to under 18 years old who have been administratively punished twice and had their administrative violations recorded at the third offense within six months for any of the following acts: insulting another person's dignity and reputation, causing injury or harm to another person's health, illegally possessing another person's property, destroying or intentionally damaging another person's property, disrupting public order, theft, gambling, fraud, illegal motorbike racing, but not constituting a crime, the statute of limitations is six months, calculated from the date of the last committed act.

đ) For individuals aged 14 years and above who have been administratively punished twice and had their administrative violations recorded at the third offense within six months for the act of using drugs illegally, the statute of limitations is three months, calculated from the date of the last committed act.

e) For individuals aged 18 years and above who have been administratively punished twice and had their administrative violations recorded at the third offense within six months for any of the following acts: insulting another person's dignity and reputation, causing injury or harm to another person's health, illegally possessing another person's property, destroying or intentionally damaging another person's property, disrupting public order, theft, gambling, fraud, illegal motorbike racing, mistreating or abusing grandparents, parents, spouse, children, grandchildren, or persons who have raised them, but not constituting a crime, the statute of limitations is six months, calculated from the date of the last committed act.

3. The duration of application of community education measures ranges from three to six months.

Article 6. Conditions for Transition to Family Management Measures

1. Subjects as prescribed in points c and d, Clause 2, Article 5, and individuals aged from 14 to under 18 years old who use drugs illegally as prescribed in point đ, Clause 2, Article 5 of this Decree may be considered and decided to apply family management measures if they meet all of the following conditions:

a) Voluntarily reporting and sincerely repenting for their violation.

b) Having a stable income source; having a place of residence for minors to live with their parents or guardians; having conditions to cooperate with relevant individuals, agencies, or organizations in educating and managing minors.

c) Parents or guardians having good character, voluntarily accepting responsibility for managing minors at home; having time to educate, manage, encourage, motivate, and create opportunities for minors to participate in local study programs or vocational training; counseling and life skills development programs suitable for minors.

d) Having a commitment letter from parents or guardians.

2. The duration of application of family management measures ranges from three to six months.

Article 7. Competence to decide on the application of educational measures at commune, ward, town level and management measures at home

1. The persons competent to decide on the application of educational measures at commune, ward, town level as stipulated in Clause 1, Article 105 of the Law on Handling Administrative Violations include:

a) The Chairman of the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) where the violator resides;

b) The Chairman of the People's Committee at the commune level where the social welfare facility accepting minors without stable residence is located;

c) The Chairman of the People's Committee at the commune level where the person aged 18 years or older was last found using illegal drugs without a stable residence.

2. The person competent to decide on the application of management measures at home as stipulated in Clause 2, Article 140 of the Law on Handling Administrative Violations is the Chairman of the People's Committee at the commune level where the minor resides.

3. The person assigned to head or be responsible for the People's Committee at the commune level according to Decree No. 157/2007/NĐ-CP dated October 27, 2007 of the Government on the responsibility system for heads of state agencies, organizations, and units in performing tasks and public services has the competence to apply educational measures at commune, ward, town level and management measures at home like the Chairman of the People's Committee at the commune level.

Article 8. Revocation, issuance of new decisions in applying educational measures at commune, ward, town level

1. The person who issued the decision in applying educational measures at commune, ward, town level must issue a decision to revoke the entire content of the decision themselves or upon request of the persons specified in Clause 3, Article 18 of the Law on Handling Administrative Violations if it falls under any of the following cases:

a) Not the correct subject of application;

b) Violation of regulations on issuing the decision;

c) Violation of procedures for issuing the decision;

d) The case stipulated in Clause 1, Article 12 of the Law on Handling Administrative Violations;

đ) The case of determining the violation incorrectly as stipulated in Clause 6, Article 12 of the Law on Handling Administrative Violations;

e) The case stipulated in Clause 10, Article 12 of the Law on Handling Administrative Violations;

g) The case stipulated in Clause 2, Article 116 of the Law on Handling Administrative Violations;

h) The case stipulated in Clause 2, Article 40 of this Decree.

2. In the cases stipulated in points a, b, c, d, đ, and e of Clause 1 of this Article, if there is a basis to issue a new decision in applying educational measures at commune, ward, town level, the person who issued the decision must issue a new decision or transfer to the person competent to issue the new decision.

Article 9. Correction, amendment, supplementation, partial revocation of decisions in applying educational measures at commune, ward, town level

1. The person who issued the decision in applying educational measures at commune, ward, town level must correct the decision themselves or upon request of the persons specified in Clause 3, Article 18 of the Law on Handling Administrative Violations if the decision contains drafting errors.

2. The person who issued the decision in applying educational measures at commune, ward, town level must amend, supplement, partially revoke the decision themselves or upon request of the persons specified in Clause 3, Article 18 of the Law on Handling Administrative Violations if the decision contains errors or violations not falling under the cases stipulated in Clause 1 of Article 8 of this Decree and Clause 1 of this Article.

3. The decision to correct, amend, supplement, partially revoke the decision in applying educational measures at commune, ward, town level shall be kept in the file of applying educational measures at commune, ward, town level or the file of applying management measures at home.

Article 10. Implementation of correction, amendment, supplementation, revocation, and issuance of new decisions in applying community education measures at commune, ward, town level

1. Correction, amendment, supplementation, and revocation of decisions in applying community education measures at commune, ward, town level shall be carried out within the applicable time limit and period.

2. Issuance of new decisions in applying community education measures at commune, ward, town level shall be implemented according to the provisions of Clause 2, Article 8 of this Decree when the applicable period remains valid.

3. Decisions on correction, amendment, supplementation, revocation, and new decisions in applying community education measures at commune, ward, town level shall take effect from the date of signing.

4. In cases where decisions on correction, amendment, supplementation, and new decisions issued provide for a shorter duration for applying community education measures at commune, ward, town level and family management measures than the time already served under the previous decision, the violator shall be deemed to have completed serving the community education measures at commune, ward, town level and family management measures and shall be released from further service. If the decisions on correction, amendment, supplementation, and new decisions issued provide for a longer duration for applying community education measures at commune, ward, town level and family management measures than the time already served under the previous decision, the violator must continue to serve the remaining time after deducting the time already served.

Article 11. Period considered as not having been subject to community education measures at commune, ward, town level

1. An individual who has been subject to community education measures at commune, ward, town level shall be considered as not having been subject to such measures if they do not reoffend within two years from the date of completing the execution of the decision or one year from the date the decision's enforcement period expires.

2. A minor who has been subject to community education measures at commune, ward, town level shall be considered as not having been subject to such measures if they do not reoffend within one year from the date of completing the execution of the decision or from the date the decision's enforcement period expires.

Article 12. Funding for implementation of community education measures at commune, ward, town level

1. The State shall support funding for activities during the process of applying community education measures at commune, ward, town level including:

a) Costs for verification, collection of materials, and preparation of files for requesting application of community education measures at commune, ward, town level;

b) Costs for drug testing and determination of addiction status;

c) Costs for organizing advisory meetings;

d) Costs for transferring individuals to their place of residence or to social welfare institutions;

đ) Costs for managing individuals aged 18 or older with illegal drug use without stable residence;

e) Costs for organizing education and management of minors at social welfare institutions;

g) Costs for supporting individuals assigned to assist those being educated;

h) Costs for managing the enforcement of laws related to the application of community education measures at commune, ward, town level;

i) Other necessary costs.

2. The funding specified in Clause 1 of this Article shall be guaranteed by local budgets and other sources of funding (if available).

3. The minimum funding support for individuals assigned to assist those being educated is 360,000 dong per month.

Chapter II

PROCEDURES FOR ESTABLISHING FILES, REVIEWING, AND DECIDING ON THE APPLICATION OF COMMUNITY EDUCATION MEASURES AT COMMUNE, WARD, TOWN LEVEL AND FAMILY MANAGEMENT MEASURES

Article 13. Request to establish a file for applying educational measures at commune, ward, town

1. The file for applying educational measures at commune, ward, town for subjects specified in points c, d, đ and e Clause 2 Article 5 of this Decree shall be established by the Head of the Police Station at the commune level either on their own initiative or based on requests from the following persons:

a) Chairman of the Vietnam Fatherland Front Committee at the commune level; heads of political and social organizations at the grassroots level;

b) Representatives of leadership of agencies, organizations, units where the violator works or studies;

c) Representatives of grassroots community units including: Ward Chief, Village Chief, Head of hamlet, village, tribe, and equivalent units.

2. The request to establish a file for applying educational measures at commune, ward, town must be made in writing and submitted to the Head of the Police Station at the commune level. The person making the request shall bear responsibility for the information content in the request as stipulated in Clause 3 of this Article.

3. The content of the request must clearly state the place name, date, month, year; the full name and organization name of the requester; the full name, date of birth, place of residence, personal background of the violator; the violation act, location of the violation act, reasons for the request, related documents (if any); signature of the requester.

4. Consideration and establishment of a file for applying educational measures at commune, ward, town:

a) Within a maximum period of three working days from the date of receipt of the request, the Head of the Police Station at the commune level shall be responsible for checking the information about the violation act and the personal background of the violator. In cases where the person being requested is a minor, then the opinions of specialized civil servants in labor, war invalids and social affairs, child protection workers at the commune level, social work volunteers or child protection volunteers (if any), and representatives of grassroots community units regarding the characteristics and family circumstances of the minor shall be sought;

b) The Head of the Police Station at the commune level will not accept the request to establish a file if the request does not comply with the subjects specified in points c, d, đ and e Clause 2 Article 5 of this Decree or if the matter is currently undergoing mediation or has been successfully mediated according to the law on grassroots mediation. In cases where the request to establish a file is not accepted, the Head of the Police Station at the commune level shall notify the requester in writing immediately after the deadline for checking the information about the violation act and the personal background of the violator as stipulated in point a of this clause;

c) In cases where the request to establish a file is accepted, the Head of the Police Station at the commune level shall proceed with the steps to establish the file for requesting application of educational measures at commune, ward, town and notify the requester in writing about the acceptance of the request to establish the file.

5. In cases where the violator is a minor, if it is deemed appropriate to apply family management measures, the Head of the Police Station at the commune level shall establish a file requesting the Chairman of the People's Committee at the same level to consider and decide on the application of family management measures.

Article 14. Authority to establish a file for applying educational measures at commune, ward, town

1. The Head of the Police Station at the commune level where the subjects specified in points c, d, đ and e Clause 2 Article 5 of this Decree reside shall establish a file for applying educational measures at commune, ward, town.

2. The Head of the Police Station at the commune level where the subjects specified in points c, d, đ and e Clause 2 Article 5 of this Decree commit acts violating the law shall establish a file for applying educational measures at commune, ward, town.

3. The Public Security Agency at the district level or the Public Security Agency at the provincial level handling the case according to Clause 2 Article 97 of the Law on Administrative Violations Handling shall establish a file for applying educational measures at commune, ward, town for the subjects specified in Clause 2 Article 5 of this Decree.

Article 15. Collection of Information and Documents for Establishing a File to Request Application of Community Education Measures

1. Information and documents for establishing a file to request application of community education measures include:

a) Information and documents on the violation behavior;

b) Documents on determining age;

c) Documents on verifying place of residence;

d) Documents on the results of drug testing in the body or determination of addiction status for cases specified in point đ Clause 2 Article 5 of this Decree;

đ) Other relevant information and documents (if any).

2. For minors, in addition to the information and documents prescribed in Clause 1 of this Article, the Head of the Police Station at the commune level shall be responsible for:

a) Collecting additional information about family circumstances, friendships, and circumstances leading to the violation;

b) Seeking comments from schools, agencies, or organizations where the minor studies or works (if applicable);

c) Seeking opinions from parents or guardians of the minor, except in cases where the minor has been transferred to a social welfare facility.

3. The person authorized to establish a file to request shall be responsible for collecting the information and documents prescribed in Clauses 1 and 2 of this Article. Collected information must be recorded in writing.

4. Judicial officers - civil registry, specialized labor - war invalids and social affairs officers, child protection workers at the commune level, social work volunteers, child protection volunteers (if any), parents or guardians of minors, schools, agencies, or organizations related to the case shall be responsible for providing information, documents, or written comments upon request of the police agency within two working days from the date of receipt of the request.

Article 16. Determination of Age of the Subject to Apply Community Education Measures

The person authorized to establish a file to request shall be responsible for determining the age of the subject to apply community education measures in accordance with the law on civil registration. The determination of the age of the subject to apply community education measures must be recorded in writing.

Article 17. Verification of Place of Residence and Transfer of Request File for Application of Community Education Measures

1. Within a maximum period of three working days from the date of accepting the file, the person authorized to establish a file to request shall be responsible for verifying the place of residence of the subject to apply community education measures. For areas that are mountainous regions, islands, remote, and isolated areas where travel is difficult, the verification period may be extended but not exceeding ten days from the date of accepting the file.

2. A person is determined to have a stable place of residence if they fall under one of the following situations:

a) They are currently living at their registered permanent or temporary residence;

b) In cases where the registered permanent or temporary residence cannot be determined, the stable place of residence is the current place of residence of the subject as defined in Clause 1 Article 19 of the Law on Residence and has lived there continuously for thirty days or more, confirmed by the Head of the Police Station at the commune level.

3. A person is determined to not have a stable place of residence if they fall under one of the following situations:

a) They have registered permanent or temporary residence but do not live at the registered permanent or temporary residence, confirmed by the Head of the Police Station at the commune level where the registered permanent or temporary residence is located regarding the fact that the person does not live at the registered permanent or temporary residence and does not know where the person is living;

b) Family members as defined by the law on marriage and family provide information to the competent authority that they do not know where the person is currently living, and the police agency searches stored information according to the law but also cannot determine where the person is living;

c) They do not have registered permanent or temporary residence and have lived at a fixed location for less than thirty days.

4. Verification of place of residence shall be carried out in accordance with the law on residence.

5. Within three working days from the date of verifying the place of residence and completing the establishment of the request file, for subjects with a stable place of residence in the locality where they committed the act, the person authorized to establish the request file must transfer the file to the Chairman of the People's Committee at the commune level where the subject resides stably to consider and decide on the application of community education measures.

6. Within three working days from the date of verifying the place of residence and completing the establishment of the request file, for subjects who do not reside in the locality where they committed the act, the person authorized to establish the request file shall handle as follows:

a) The Head of the Police Station at the commune level who established a file for the subject specified in points c, d, đ, and e Clause 2 Article 5 of this Decree transfers the file to the Chairman of the People's Committee at the commune level where the subject resides stably to consider and decide on the application of community education measures;

b) The police agency at the district level, the police agency at the provincial level which established a file for the subject specified in Clause 2 Article 5 of this Decree transfers the file to the Chairman of the People's Committee at the commune level where the subject resides stably to consider and decide on the application of community education measures.

7. Within three working days from the date of completing the verification of the place of residence and completing the establishment of the request file, for subjects without a stable place of residence who are minors or persons aged eighteen years or older specified in point đ Clause 2 Article 5 of this Decree, and whose place of residence cannot be verified, the person authorized to establish the request file shall handle as follows:

a) For subjects who are minors, the Head of the Police Station at the commune level where the subject committed the violation, the police agency at the district level, or the police agency at the provincial level handling the case shall transfer the subject and a copy of the file to a social welfare facility according to the list prescribed by the Provincial People's Committee; simultaneously, transfer the file to the Chairman of the People's Committee at the commune level where the social welfare facility is located to consider and decide on the application of community education measures.

b) For subjects aged 18 years or older, the Head of the Police Station at the commune level where the subject committed the violation, the police agency at the district level, or the provincial police force handling the case shall transfer the subject and the file to the Chairman of the People's Committee at the commune level where the subject was last found using drugs illegally for consideration and decision on applying educational measures at the commune, ward, or town level.

Article 18. Drug Testing in the Body and Determination of Addiction Status

1. Drug testing in the body and determination of addiction status in accordance with the Law on Prevention and Control of Drugs shall be conducted for the following subjects:

a) Subjects as stipulated in point đ, Clause 2, Article 5 of this Decree;

b) Subjects who are currently undergoing educational measures at the commune, ward, or town level and have engaged in illegal drug use.

2. In cases where the subjects as stipulated in point a, Clause 1 of this Article test positive for drugs in their bodies, the authorized person or the person requesting the drug test for the violator shall immediately send the results to the Head of the Police Station at the commune level where the violator resides or where the violator committed the violation for consideration and preparation of a file to propose the application of educational measures at the commune, ward, or town level.

3. If the subjects as stipulated in point a, Clause 1 of this Article are determined to be drug addicts, they shall undergo drug rehabilitation in accordance with the Law on Prevention and Control of Drugs.

4. If the subjects as stipulated in point b, Clause 1 of this Article are determined to be drug addicts, the authorized person shall handle them according to the provisions of Clause 2, Article 41 of this Decree.

Article 19. File for Proposing Application of Educational Measures at the Commune, Ward, or Town Level

1. A document proposing the establishment of a file for proposing.

2. A summary of the violator's criminal record.

3. Documents and materials as prescribed in Clauses 1 and 2 of Article 15 of this Decree.

4. Medical records (if available).

5. The violator's statement. In cases where the violator cannot read or write the statement, another person may write it on their behalf, and the violator must affix their signature or fingerprint on each page of the statement.

6. Other related documents (if any).

Article 20. Handling Files for Proposing Application of Educational Measures at the Commune, Ward, or Town Level Transferred from Another Location

Within two working days from the date of receipt of the file for proposing application of educational measures at the commune, ward, or town level as prescribed in Clauses 5, 6, and 7 of Article 17 of this Decree, the Chairman of the People's Committee at the commune level shall assign the file to the Head of the Police Station at the same level to check and supplement information and materials as prescribed in Article 15 of this Decree. The deadline for checking and supplementing information and materials is three working days from the date of receipt of the file.

Article 21. Sending Files and Notifying About the Establishment of Files for Proposing Application of Educational Measures at the Commune, Ward, or Town Level

1. After completing the establishment of the file, the authorized person establishing the file for proposing application of educational measures at the commune, ward, or town level must immediately notify in writing about the establishment of the file to the person proposed to apply the measure or to the parents or guardians of minors. The authorized person establishing the file for proposing must bear responsibility for the legality of the file for proposing application of educational measures at the commune, ward, or town level.

2. The notification about the establishment of the file for proposing application of educational measures at the commune, ward, or town level includes the following basic contents:

a) Name of the violator;

b) Reason for establishing the request file;

c) Right to read and copy necessary contents in the file; location, time limit for reading and copying;

d) Right to express opinions about the proposal file at the advisory meeting.

3. Reading and copying necessary contents of the file for proposing application of educational measures at the commune, ward, or town level shall be carried out in accordance with Clause 4, Article 97 of the Law on Administrative Violations Handling.

4. Within one working day from the end of the time limit for reading and copying necessary contents as prescribed in Clause 3 of this Article, depending on specific circumstances, the authorized person establishing the file for proposing application of educational measures at the commune, ward, or town level shall send the file to one of the following subjects:

a) Chairman of the People's Committee at the commune level where the subject resides;

b) Chairman of the People's Committee at the commune level where the social welfare facility is located for subjects without stable residence;

c) Chairman of the People's Committee at the commune level where the subject aged 18 years or older was last found using drugs illegally for subjects without stable residence.

Article 22. Advisory meeting to examine and decide on the application of educational measures at commune, ward, town level

1. Within seven working days from the date of receiving the file requesting the application of educational measures at commune, ward, town level, the Chairman of the People's Committee at the commune level shall organize and chair the advisory meeting to examine and decide on the application of such measures.

2. The participants in the advisory meeting include:

a) The Chairman of the People's Committee at the commune level;

b) The Head of the Police Station at the commune level;

c) The judicial and civil registrar officer;

d) Representatives of the Vietnam Fatherland Front and some political and social organizations, social organizations at the same level, and representatives of the grassroots community;

đ) In cases where the person proposed for the application of educational measures is a minor, in addition to the participants specified in points a, b, c, and d of this clause, there must be the participation of the social work officer, social work collaborator, or child collaborator (if any); school representative (if any); for minors without a stable place of residence currently residing at a social welfare facility, there must be a representative of that facility;

e) If necessary, representatives of the mediation council and the police agency that transferred the file requesting the application of educational measures at commune, ward, town level may be invited to attend.

3. Those invited to attend the advisory meeting:

a) The person proposed for the application of educational measures at commune, ward, town level;

b) Parents or guardians of minors;

c) The victim (if any);

d) Legally authorized representatives participating in protecting the rights and interests of the subject (if any).

4. Inviting those persons specified in Clause 3 of this Article to participate in the meeting must be done in writing and must be sent at least three working days before organizing the meeting.

5. Those persons participating in the meeting specified in Clause 3 of this Article must be given the opportunity to express their opinions at the meeting. In case the person proposed for the application of educational measures at commune, ward, town level cannot attend, they can submit their opinions in writing.

6. The advisory meeting to examine and decide on the application of educational measures at commune, ward, town level shall be postponed in cases where parents or guardians of minors cannot attend due to legitimate reasons. The advisory meeting can be postponed no more than twice, each postponement not exceeding two working days, with the postponement period not counted towards the time limit for examining and deciding on the application of such measures. In cases where parents or guardians of minors still cannot arrange to attend the meeting after the aforementioned postponement period due to absence from the locality, health conditions, or other legitimate reasons, they must have the responsibility to appoint a representative for the family to attend the meeting.

7. The advisory meeting to examine and decide on the application of educational measures at commune, ward, town level shall continue to be organized if it falls under any of the following circumstances:

a) The person proposed for the application of educational measures at commune, ward, town level, or parents or guardians of minors proposed for the application of educational measures at commune, ward, town level intentionally avoid attending the advisory meeting;

b) The person proposed for the application of educational measures at commune, ward, town level cannot attend the advisory meeting and also does not submit their opinion in writing;

c) Parents or guardians of minors proposed for the application of educational measures at commune, ward, town level cannot attend the advisory meeting due to legitimate reasons and have been postponed according to the provisions of Clause 6 of this Article.

8. The advisory meeting to examine and decide on the application of educational measures at commune, ward, town level can only be organized when at least two-thirds (two-thirds) of the members specified in Clause 2 of this Article are present.

9. The procedure and content of the advisory meeting:

a) The representative of the Police Station at the commune level presents the violation of laws by the person proposed for the application of educational measures at commune, ward, town level, the results of verification, evidence collected, mitigating circumstances, aggravating circumstances, reconciliation measures, and educational measures already applied to that person (if any);

b) The person proposed for the application of educational measures at commune, ward, town level presents the reasons for violating the law, their understanding of the violation, and a plan to correct shortcomings; provides relevant evidence. In cases where they are absent and submit their opinion in writing, their opinion must be read out at the meeting;

c) Parents or guardians of minors or their legally authorized representatives present information about the personal background, family circumstances, reasons for violation, educational and management responsibilities for minors in the family;

d) The victim expresses their opinion on the damage suffered;

đ) The social work officer or social work collaborator, child collaborator (if any); school representative (if any) express their opinion on the personal background of the person proposed for education, family circumstances, and propose appropriate educational and support measures;

e) Members discuss the necessity of applying educational measures at commune, ward, town level; personal background, mitigating circumstances, aggravating circumstances of the subject; forms and methods of education; duration of applying the measure; selecting suitable agencies or organizations to take responsibility for educating and managing the subject; the possibility of applying management measures at home and educational and support forms for subjects who are minors.

10. The content of the meeting must be recorded in minutes and kept in the file.

Article 23. Completing the dossier to be submitted to the Chairman of the People's Committee at the commune level

1. Based on the minutes of the meeting, the Head of the Police Station at the commune level shall be responsible for completing the dossier to be submitted to the Chairman of the People's Committee at the same level immediately after the advisory meeting concludes, which advises on considering and deciding to apply educational measures at the commune, ward, town level.

2. The dossier to be submitted to the Chairman of the People's Committee at the commune level to decide on applying or not applying educational measures at the commune, ward, town level includes:

a) A summary report on the content of the meeting, including proposals to apply or not apply educational measures at the commune, ward, town level; reasons for the proposal; different opinions of the meeting advisory members (if any). In cases where it is proposed to apply educational measures at the commune, ward, town level, in addition to the aforementioned contents, the summary report must propose the duration of application, the agency or organization assigned to educate and manage the subject;

b) The dossier proposing the application of educational measures at the commune, ward, town level as stipulated in Article 19 of this Decree;

c) Minutes of the advisory meeting;

d) Other related documents (if any).

Article 24. Proposing the Application of Family Management Measures

1. Family management measures shall be considered for application during the following stages:

a) Considering the proposal to establish a dossier proposing the application of educational measures at the commune, ward, town level;

b) Collecting information and documents to establish a dossier proposing the application of educational measures at the commune, ward, town level;

c) Processing the dossier proposing the application of educational measures at the commune, ward, town level transferred from another place;

d) After the advisory meeting concludes, which considers and decides on applying educational measures at the commune, ward, town level.

2. Parents or guardians of minors must establish a commitment statement containing the main contents as follows:

a) Ensuring the conditions prescribed in points b and c, Clause 1, Article 6 of this Decree;

b) Cooperating closely with organizations or individuals assigned to supervise to educate and manage minors;

c) Reporting to the Chairman of the People's Committee at the commune level about the situation of managing minors as required;

d) Effectively implementing education and management to prevent minors from violating the law.

3. The dossier proposing the application of family management measures includes:

a) A request document from the authorized person establishing the dossier proposing, specifying detailed information about the minor's personal background; proposing the application of family management measures; reasons for the proposal; estimated duration of application and the name of the organization or individual cooperating with the family in supervising the minor;

b) The dossier of the minor who has violated the law as stipulated in Article 19 of this Decree;

c) A commitment document from parents or guardians;

d) Other related documents (if any).

Article 25. Issuing a Decision to Apply Family Management Measures and a Decision to Apply Educational Measures at the Commune, Ward, Town Level

1. Within three working days from the date of receiving the dossier proposing the application of family management measures from the Head of the Police Station at the commune level, the Chairman of the People's Committee at the commune level shall consider and decide:

a) Applying family management measures;

b) Returning to establish a dossier proposing the application of educational measures at the commune, ward, town level in cases where they disagree with the proposal of the Head of the Police Station at the same level during the stages specified in points a, b, and c, Clause 1, Article 24 of this Decree.

2. Within two working days from the date the advisory meeting concludes, which considers and decides on applying educational measures at the commune, ward, town level, the Chairman of the People's Committee at the commune level shall consider and issue one of the following decisions:

a) Decision to apply educational measures at the commune, ward, town level;

b) Decision not to apply educational measures at the commune, ward, town level;

c) Decision to apply family management measures for minors.

Article 26. Decision and Time Limit for Enforcement of Decision on Applying Educational Measures at Commune, Ward, Town Level

1. The decision on applying educational measures at commune, ward, town level shall include the following basic contents:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Surname, name, date of birth, place of residence of the person to be educated;

d) Violation of laws; article and clause of the legal document applied;

đ) Name and responsibility of the agency or organization entrusted with education and management. In case the person to be educated is a minor, it shall be entrusted to the parents or guardian for joint education and management. In case the person to be educated is a minor without a stable place of residence, it shall be entrusted to a social welfare facility for education and management. In case the person to be educated is an adult aged 18 or older who has engaged in illegal drug use without a stable place of residence, it shall be entrusted to the Public Security Office at the commune level or other appropriate agencies or organizations in the locality for education and management;

e) Duration of application of the measure; date of enforcement of the decision;

g) Right to appeal or initiate litigation as prescribed by law.

2. The decision on applying educational measures at commune, ward, town level shall take effect from the date of signing. Within two working days from the date of signing, the decision shall be sent to the person to be educated, the family of the person to be educated, the agency or organization entrusted with education and management, the Standing Body of the People's Council at the commune level, and relevant agencies and organizations.

3. The time limit for enforcement of the decision on applying educational measures at commune, ward, town level shall be governed by Article 108 of the Law on Handling Administrative Violations.

Article 27. Decision Not to Apply Educational Measures at Commune, Ward, Town Level

1. The decision not to apply educational measures at commune, ward, town level shall include the following basic contents:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Surname, name, date of birth, place of residence of the person proposed to be subject to educational measures at commune, ward, town level;

d) Violation of laws by that person; article and clause of the legal document applied;

đ) Reason for not applying educational measures at commune, ward, town level.

2. The decision not to apply educational measures at commune, ward, town level shall take effect from the date of signing.

3. Within three working days from the date of effectiveness, the decision shall be sent to the person not subject to educational measures at commune, ward, town level and to related individuals or organizations. For minors residing in social welfare facilities, the decision shall be sent to the social welfare facility and the agency that submitted the file.

Article 28. Decision on Applying Family Management Measures

1. The decision on applying family management measures shall include the following basic contents:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Surname, name, date of birth, place of residence of the minor;

d) Reason for application;

đ) Surname, name, place of residence of the parents or guardian;

e) Duration of application, date of enforcement of the decision;

g) Name of organization or individual cooperating in supervision;

h) Responsibility of the minor if they continue to violate the law;

i) Right to appeal or initiate litigation as prescribed by law.

2. The decision on applying family management measures shall take effect from the date of signing.

3. Within three working days from the date of effectiveness, the decision shall be sent to the parents or guardian of the minor and the organization or individual cooperating in supervising the minor to implement the decision.

Chapter III

ENFORCEMENT OF DECISIONS ON APPLYING EDUCATIONAL MEASURES AT COMMUNE, WARD, TOWN LEVEL AND DECISIONS ON APPLYING FAMILY MANAGEMENT MEASURES

Section 1

ENFORCEMENT OF DECISIONS ON APPLYING EDUCATIONAL MEASURES AT COMMUNE, WARD, TOWN LEVEL

Article 29. Allocation of persons directly assisting those under education

1. Principles of allocation:

a) The person allocated to assist shall be a social work collaborator, a child collaborator, or a reputable person within the family lineage, community, or someone with experience in education and management of minors in social welfare facilities who have the conditions, capacity, and educational experience to assist those under education;

b) One person may be allocated to educate, manage, and assist multiple individuals but not more than three at the same time. In cases where the person allocated to assist no longer has the conditions to assist or fails to fulfill their assigned responsibilities, the organization entrusted with the responsibility of educating and managing must promptly allocate another person to replace them and must notify in writing the Chairman of the People's Committee of the commune, ward, town.

2. Within five working days from the date of issuance or receipt of the decision applying the educational measure at the commune, ward, town, the head of the agency, organization, or social welfare facility must allocate one person to directly educate, manage, and assist those under education.

Article 30. Plan for Education, Management, and Assistance for Those Under Education

1. Within five working days from the date of receiving the Decision on Allocation of Persons Directly Educating, Managing, and Assisting Those Under Education, based on the duration of application of the measure, the person allocated must develop a plan for education, management, and assistance for those under education.

2. The plan for education, management, and assistance includes the following main contents:

a) Content and form of education;

b) Specific measures for supervision, guidance, monitoring, and support for those under education, implementation time, coordination with the family and other related organizations and individuals;

c) Content of coordination with relevant local social agencies for cases where minors reside in social welfare facilities;

d) Opinion of the head of the organization entrusted with education regarding the plan for education, management, and assistance.

3. The plan for education, management, and assistance must be sent to those under education, parents, or guardians of minors, related agencies, organizations, and individuals for implementation, and submitted to the People's Committee of the commune, ward, town for record-keeping of the execution of the educational measure.

Article 31. Content and Form of Education

1. Education at the commune, ward, town includes the following basic contents:

a) Dissemination and education on laws concerning citizens' rights and obligations, legal provisions related to the illegal acts of those under education. Dissemination and education on laws against drugs and the harmful effects of drug use on health, family, and community for those who illegally use drugs;

b) Education on life skills, support for cultural studies, vocational guidance, teaching trades, and job search assistance for those under education;

c) Organizing for those under education to participate in public welfare activities in the community with appropriate forms;

d) Education on the fine traditions of the homeland and country;

e) Other protective and supportive measures according to the law aimed at promoting recovery and reintegration into the community;

2. Education at the commune, ward, town can be implemented through the following basic forms:

a) Meeting directly with the family and those under education;

b) Introducing participation in classes on life skills, vocational guidance, teaching trades, and job search;

c) Providing educational materials at the commune, ward, town and inviting experts and professionals to participate in education for those under education;

d) Notifying in writing the family and those under education about educational and management measures;

e) Requiring those under education to commit to strictly implementing educational and management measures;

f) Organizing a feedback meeting in the residential area at the grassroots level when necessary. Feedback meetings shall not be organized for cases where those under education are minors.

Article 32. Commitment of the Person Under Education

1. The person under education shall submit their commitment regarding compliance with the decision on applying educational measures at commune, ward, town to the agency or organization assigned to educate, manage, and must strictly implement their own commitment.

2. The content of the commitment includes:

a) Strictly comply with laws, earnestly correct mistakes.

b) Fulfill educational obligations well, cultivate and improve oneself.

c) Participate in appropriate learning programs or vocational training.

d) Engage in public welfare activities in suitable forms.

đ) Participate in appropriate life skills development programs organized locally.

e) Be present when required.

g) Strictly adhere to regulations concerning absence from place of residence.

3. In cases where the person under education cannot read or write, they may have someone else write the commitment for them, and the person under education must affix their fingerprint on each page of the commitment.

4. The commitment of a minor must include the opinion of their parent or guardian.

Article 33. Responsibility for Implementing the Educational Plan, Managing, and Assisting the Person Under Education

1. The People's Committee at the commune level, agencies, organizations, and individuals assigned to assist must cooperate with grassroots units and families in monitoring, managing, and supervising the implementation of the educational plan, management, and assistance for the person under education.

2. Social organizations related to the locality must cooperate with social welfare institutions to jointly educate and manage the person under education.

3. Individuals and organizations assigned to assist the person under education shall use one or more of the following methods to monitor, manage, and track the progress of the person under education:

a) Require the person under education to be present at the competent authority.

b) Request the person under education to report to the individual assigned to assist about their study, work, training, cultivation, correction of mistakes, and progress.

c) Organize drug testing for those who illegally use drugs according to the law on preventing and combating drugs.

d) Organize the determination of addiction status according to the law on preventing and combating drugs.

4. The individual assigned to assist shall keep a record of the progress of the person under education to report to the organization assigned to educate and manage.

5. The organization assigned to educate and manage shall regularly report monthly to the Chairman of the People's Committee at the commune level issuing the decision on applying educational measures at commune, ward, town about the results of supervision, education, and assistance for the person under education.

Article 34. Implementation of the Educational Plan, Management, and Assistance for the Person Under Education

1. The implementation of the educational plan, management, and assistance for minors under education shall be carried out as follows:

a) For those studying at school or educational institution, the individual assigned to assist and the school share responsibility to cooperate with the family to encourage and support their studies and training.

b) For those residing at a social welfare institution, the institution shall create conditions for them to continue participating in appropriate learning programs according to their age; attend classes on life skills, vocational guidance, and vocational training in the community.

2. During the period of implementing educational measures at commune, ward, town, if the person under education does not make progress, violates commitments despite multiple reminders from the individual assigned to assist, the organization assigned to educate and manage shall report to the Chairman of the People's Committee at the commune level to convene a meeting at the grassroots level to provide feedback to the person under education, except in cases stipulated in Clause 6 of this Article.

3. Participants in the feedback meeting:

a) Representative of the leadership of the People's Committee at the commune level.

b) Police Station at the commune level.

c) Individual assigned to assist and representative of the organization assigned to educate and manage.

d) Representative of the Vietnam Fatherland Front at the commune level and representative of the grassroots unit.

đ) The person under education and their family.

4. Procedure and content of the feedback meeting:

a) The individual assigned to assist reports on the process of education, management, and violations of the person under education during the management period and proposes supplementary or alternative educational measures, management, and assistance.

b) The person under education presents reasons for violating commitments and plans to rectify, and requests assistance if necessary.

c) Based on the report of the individual assigned to assist and the presentation of the person under education, participants analyze and provide feedback on the person under education's violations, helping them to correct and progress.

d) Discuss and propose educational measures for the subject.

đ) The content of the meeting must be recorded in minutes, filed in the archive, and sent to the person under education and their family.

5. Postponement of the feedback meeting and handling in case of non-convening of the meeting:

a) Postpone the feedback meeting if the person under education cannot attend due to valid reasons. The postponement shall not exceed two times, with each postponement not exceeding three working days.

b) Do not convene the feedback meeting if it has been postponed twice according to point a of this clause or if the person under education deliberately avoids it. In such cases, the individual directly responsible for educating, managing, and assisting the person under education shall prepare a report on the education, management, and violations of the person under education, propose solutions or adjust the plan, and report to the Chairman of the People's Committee at the commune level for a decision. Any adjustment to the plan must be notified to the person under education and their family.

6. If the person under education, during the period of implementing educational measures at commune, ward, town, does not make progress and continues to commit violations, they will be reviewed and handled according to Article 41 of this Decree or other relevant laws.

Article 35. Rights and Obligations of the Assigned Supporter

1. Rights of the Assigned Supporter:

a) Meeting with the person under education, their parents, or guardians if they are minors, and other relevant persons to encourage, understand their thoughts, wishes, difficulties, and find ways to assist them.

b) Requesting the person under education to report as stipulated in point b, Clause 3, Article 33 of this Decree.

c) Proposing that the organization assigned to educate and manage, and the People's Committee at the commune level create favorable conditions for educating and managing the person under education.

d) Requesting competent authorities to create conditions for the person under education to participate in study, seek employment, and stabilize their life.

đ) Participating in training classes to enhance skills, knowledge, and experience in education and assistance.

e) Receiving support funds allocated for the Assigned Supporter.

2. Obligations of the Assigned Supporter:

a) Developing and implementing plans for educating, managing, and assisting the person under education.

b) Cooperating with related agencies and organizations, and the family of the person under education in educating, managing, and helping them become useful members of society. Closely coordinating with families, schools, the Ho Chi Minh Communist Youth Union, or the Ho Chi Minh Pioneer Team to facilitate participation of minors in club activities, cultural, artistic, labor, sports, and healthy recreational activities.

c) Assisting and encouraging the person under education; introducing them to suitable counseling and life skill development programs organized locally; supporting access to legal aid services as prescribed.

d) Guiding the implementation of rights and obligations of the person under education.

đ) Proposing to the People's Committee at the commune level and competent authorities to create conditions for them to participate in study and seek employment.

e) Recording and periodically reporting monthly to the organization assigned to educate and manage.

g) Reporting to the Chairman of the People's Committee at the commune level on the implementation of decisions applying educational measures at the commune, ward, or town level.

Article 36. Rights and Obligations of the Person Under Education During the Implementation of Educational Measures at the Commune, Ward, or Town Level

1. Rights of the Person Under Education:

a) Laboring, studying, and living at their place of residence, being guided in procedures for temporary absence registration, permanent residency registration, and temporary residency registration.

b) Being facilitated in finding employment; being considered for support loans from social policy banks, local social funds, charitable, and humanitarian funds in cases of particularly difficult circumstances.

c) Participating in local study or vocational training programs; counseling and life skill development programs.

d) Expressing their wishes and recommendations to the Chairman of the People's Committee at the commune level, Head of the Police Station at the commune level, social organizations, schools, and the Assigned Supporter.

đ) Absenting themselves from their place of residence or changing their place of residence according to regulations.

e) Filing complaints or initiating lawsuits against decisions applying educational measures at the commune, ward, or town level and other administrative actions during the execution of such decisions.

2. Obligations of the Person Under Education:

a) Adhering to state policies and laws.

b) Actively participating in labor and study, fulfilling all civic duties, local regulations, and internal rules of the place of residence.

c) Accepting education and management by agencies, social organizations, and the Assigned Supporter; minors under education also accept education and management by their families and schools.

d) Strictly adhering to commitments made.

đ) Being present when required by authorized personnel.

e) Notifying and reporting reasons, time of absence from the place of residence, and destination of stay when absent from the place of residence as regulated.

Article 37. Responsibilities of Social Welfare Facilities

1. Accepting juveniles without stable residence during the time of filing the application for recommendation and after the decision to apply educational measures at commune, ward, town has been made.

2. Appointing representatives to participate in advisory meetings to examine and decide on the application of educational measures at commune, ward, town.

3. Assigning staff to directly assist juveniles undergoing education.

4. Creating conditions for juveniles to attend school, participate in local training programs or vocational training, and life skills development programs suitable for their needs.

5. Cooperating with relevant agencies and organizations in the community in the education and management of juveniles.

6. Organizing the management of juveniles without stable residence in accordance with the practical situation of the facility.

Article 38. Absence of Juveniles Residing at Their Place of Residence and Social Welfare Facilities

1. A juvenile may be absent from their place of residence or social welfare facility if there is a valid reason and must declare temporary absence according to the law on residence.

2. The period of absence from the place of residence or social welfare facility shall be counted towards the term of implementing educational measures at commune, ward, town, but the total absence period shall not exceed one-third of the duration of the measure, except in cases where the juvenile is sick or requires medical treatment at healthcare facilities as prescribed by doctors, and such treatment must be confirmed by the healthcare facility. If the above regulations are not followed, the absence period from the place of residence or social welfare facility will not be counted towards the term of implementing educational measures at commune, ward, town.

3. Handling cases of juveniles being absent from their place of residence for less than fifteen days as follows:

a) The juvenile or their parent or guardian, if under sixteen years old, submits a request for permission to the agency or organization responsible for managing the juvenile.

b) The agency or organization responsible for managing the juvenile reviews and responds in writing regarding the juvenile's absence from their place of residence within three working days from the date of receipt of the request.

c) If agreement is given, it must report to the Chairman of the People's Committee of the commune where the juvenile resides about the juvenile's absence from their place of residence. If disagreement is given, the reasons must be clearly stated in writing to the person who submitted the request.

4. Handling cases of juveniles being absent from their place of residence for fifteen days or more as follows:

a) The juvenile or their parent or guardian, if under sixteen years old, submits a request for permission to the Chairman of the People's Committee of the commune through the agency or organization responsible for educating and managing the juvenile. The request for absence must clearly state the reason, duration of absence, and temporary residence location.

b) The agency or organization responsible for managing the juvenile reviews and provides comments on the juvenile's absence from their place of residence within three working days from the date of receipt of the request.

c) The Chairman of the People's Committee of the commune reviews and decides in writing on the juvenile's absence from their place of residence after receiving the request for permission and the comments of the agency or organization responsible for managing the juvenile. If disagreement is given, the reasons must be clearly stated in writing to the person who submitted the request and the agency or organization responsible for managing the juvenile.

5. Handling cases of juveniles being absent from social welfare facilities as follows:

a) For absences of less than fifteen days, the provisions of Clause 3 of this Article shall apply, but the request for permission shall be submitted to the social welfare facility for review and resolution.

b) For absences of fifteen days or more, the provisions of Clause 4 of this Article shall apply, but the request for permission shall be submitted to the Chairman of the People's Committee of the commune where the social welfare facility is located for review and resolution through the social welfare facility.

Article 39. Changing Place of Residence for the Person Under Education

1. In cases where the person under education changes their place of residence due to studying, having stable employment, following family relocation to another locality, or for other reasons, it shall be handled as follows:

a) The person under education or their parent or guardian if they are under 16 years old shall submit a request to the Chairman of the People's Committee at the commune level. The request must clearly state the reason, the new place of residence, and must include the opinion of the agency or organization responsible for educating and managing the person under education;

b) Within five working days from the date of receiving the request, the Chairman of the People's Committee at the commune level shall issue a decision to transfer the application of educational measures at the commune, ward, town level for the person under education to their new place of residence.

2. Handling cases where the place of residence of the person under education is determined to be unstable as follows:

a) For minors being educated at social welfare facilities, the Chairman of the People's Committee at the commune level where the social welfare facility is located shall consider and decide on transferring the application of educational measures at the commune, ward, town level for the person under education to their place of residence;

b) For persons aged 18 or older, the Chairman of the People's Committee at the commune level where the decision to apply educational measures was issued shall consider and decide on transferring the application of educational measures at the commune, ward, town level for the person under education to their place of residence.

3. When the person under education changes their place of residence according to the provisions of Clauses 1 and 2 of this Article, the file regarding the application of educational measures at the commune, ward, town level for that person must be transferred to the Chairman of the People's Committee at the commune level where the person under education resides. The Chairman of the People's Committee at the commune level where the person under education resides has the responsibility to accept the file and assign someone directly to assist the person under education in accordance with Article 29 of this Decree.

4. When changing place of residence, the person under education must comply with the legal regulations on residence.

Article 40. Handling Criminal Acts Committed Before or During the Execution of Educational Measures at the Commune, Ward, Town Level

1. In cases where it is discovered that the person subject to educational measures at the commune, ward, town level has committed a criminal act before or during the execution of the decision to apply such measures, upon the request of the competent criminal proceedings agency, the Chairman of the People's Committee at the commune level where the educational measures are being implemented must issue a decision to temporarily suspend the execution of the decision for that person and transfer the file on applying measures to the competent criminal proceedings agency.

2. The Chairman of the People's Committee at the commune level who has issued a decision to temporarily suspend the execution of the decision to apply educational measures at the commune, ward, town level must issue a decision to revoke that temporary suspension decision and the person temporarily suspended must continue to execute the decision to apply measures if they fall into one of the following situations:

a) There is a decision not to initiate a criminal case, a decision to revoke the decision to initiate a criminal case, a decision to terminate investigation, a decision to terminate the case, a decision to terminate the case against the defendant, or a decision to exempt from criminal liability according to the judgment or the court's ruling that the person is not guilty;

b) The court does not impose a prison sentence.

3. In cases where the person temporarily suspended is sentenced to imprisonment by the court, within three working days from the date of receipt of the effective judgment, the Chairman of the People's Committee at the commune level who has issued the decision to apply educational measures at the commune, ward, town level must issue a decision to exempt from executing the remaining period of the decision to apply educational measures at the commune, ward, town level. The decision to exempt from executing the remaining period of the decision to apply educational measures at the commune, ward, town level takes effect from the date of issuance and must be sent to the person under education; the agency or organization responsible for educating and managing; and the person assigned to assist.

Article 41. Termination of Application of Community Education Measures

1. If the person subject to education has completed at least half (one-half) of the community education period but shows no improvement and continues to commit violations as specified in point b, Clause 1, Article 94 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level that issued the decision to apply the community education measure shall issue a decision to terminate the application of the community education measure and propose the application of compulsory educational measures.

2. The Chairman of the People's Committee at the commune, ward, town level that issued the decision to apply the community education measure must issue a decision to terminate the application of the measure and handle it as follows:

a) For persons aged 12 years or older who are currently serving the measure and are identified as drug addicts as stipulated in Articles 30, 31, and 33 of the Law on Prevention and Control of Drugs, they shall undergo drug rehabilitation according to the laws on prevention and control of drugs.

Article 42. Certificate of Completion of Decision to Apply Community Education Measure

1. The Chairman of the People's Committee at the commune, ward, town level shall issue a Certificate of Completion of Decision to Apply Community Education Measure to the person subject to education within two working days from the date the person completes the measure.

2. The Certificate of Completion of Decision to Apply Community Education Measure shall be filed in the record. A valid copy of the Certificate shall be sent to the organization responsible for education, management, and the family of the person subject to education.

Article 43. File on Application of Community Education Measure

1. The file on application of community education measure must be indexed and stored according to the laws on archiving, including the following documents:

a) File proposing the application of community education measure;

b) Decision to apply community education measure;

c) Decision assigning personnel directly assisting the person subject to education;

d) Plan for education, management, and assistance to the person subject to education;

đ) Commitment statement regarding compliance with the decision by the person subject to education;

e) Minutes of meetings providing feedback to the person subject to education (if applicable);

g) Record of progress of the person subject to education and reports on monitoring, education, and assistance by assigned personnel;

h) Documents related to absence from place of residence and change of place of residence of the person subject to education (if applicable);

i) Decision exempting from completion of the remaining time of the decision to apply community education measure (if applicable);

k) Decision temporarily suspending the execution of the decision to apply community education measure (if applicable);

l) Decision revoking the decision to temporarily suspend the execution of the decision to apply community education measure (if applicable);

n) Certificate of Completion of Decision to Apply Community Education Measure;

o) Other relevant documents (if applicable).

2. The People's Committee at the commune, ward, town level that issued the decision to apply the community education measure or the People's Committee at the commune, ward, town level where the person subject to education resides or the People's Committee at the commune, ward, town level where the person subject to education has moved to reside shall manage the file on application of community education measure.

Section 2

IMPLEMENTATION OF DECISION TO APPLY FAMILY-BASED MANAGEMENT MEASURE

Article 44. Coordination in Supervising Minors Subject to Family Management Measures

1. Responsibilities of the family of minors:

a) Managing and supervising minors;

b) Caring for and creating conditions for minors to attend school, participate in educational programs, vocational training, and community counseling and life skill development programs;

c) Reporting monthly to the Chairman of the People's Committee of the commune on the management and supervision of minors;

d) Cooperating with organizations and individuals assigned to coordinate in supervising the implementation of the supervision plan for minors.

2. Organizations assigned to coordinate in supervision shall be responsible for assigning persons directly to cooperate with families in managing and supervising minors.

3. Individuals assigned by organizations, and individuals entrusted by the Chairman of the People's Committee of the commune to coordinate in supervision must cooperate with the families of minors to perform the following tasks:

a) Developing and implementing a supervision plan for minors. The coordinated supervision plan includes specific guidance and support measures, deadlines, and must be sent to the organization assigned to coordinate in supervision and the Chairman of the People's Committee of the commune;

b) Introducing participation in educational programs, vocational guidance, job training, and employment search programs; community counseling and life skill development programs organized locally;

c) Assisting and encouraging minors to correct their mistakes.

Article 45. Rights and Obligations of Minors Subject to Family Management Measures

1. Rights of minors subject to family management measures:

a) Attending school and living at their place of residence;

b) Not being discriminated against;

c) Participating in local study or vocational training programs; counseling and life skill development programs.

d) Being considered and accepted for education by educational institutions;

đ) Receiving appropriate supportive and protective measures in accordance with the law;

e) Absenting from or changing their place of residence in accordance with regulations;

g) Filing complaints or initiating lawsuits against decisions to apply family management measures and other administrative actions during the execution of such decisions.

2. Obligations of minors subject to family management measures:

a) Adhering to state policies and laws.

b) Actively studying and fully performing civic duties, local regulations, and internal rules;

c) Accepting education, management, and supervision by their family, schools, and individuals assigned to coordinate in supervision.

Article 46. Termination of Application of Family Management Measures During Implementation Period

1. If a minor subject to family management measures continues to commit violations, the Chairman of the People's Committee of the commune that issued the decision to apply family management measures shall issue a decision to terminate the application of the measure and handle it as follows:

a) If the violation falls under the circumstances specified in points c, d, and đ of Clause 2 of Article 5 of this Decree, then a decision to apply community-based education measures shall be issued;

b) If the violation indicates criminal activity, then it shall be referred for handling according to the law.

2. The Chairman of the People's Committee of the commune that issued the decision to apply family management measures must issue a decision to terminate the application of this measure for minors identified as drug addicts. Drug rehabilitation for minors addicted to drugs shall be carried out in accordance with laws on preventing and combating drug abuse.

Article 47. Certificate of Completion of Family-Based Management Measures

1. The Chairman of the People's Committee at the commune level shall issue the Certificate of Completion of Family-Based Management Measures to minors within two working days from the date when the minors have completed the measures.

2. The Certificate of Completion of Family-Based Management Measures shall be filed in the dossier. A certified copy of the Certificate shall be sent to the family of the minor.

Article 48. Dossier on the Application of Family-Based Management Measures

1. The dossier on the application of family-based management measures must be recorded in writing and stored according to the provisions of the law on archiving, including the following documents:

a) Dossier requesting the application of family-based management measures;

b) Decision on the application of family-based management measures;

c) Decision terminating the application of family-based management measures (if any);

d) Other related documents (if any).

2. The dossier on the application of family-based management measures shall be managed by the People's Committee at the commune level where the decision was issued.

Chapter IV

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS

Article 49. Responsibilities of Relevant Ministries

1. The Ministry of Justice is responsible for:

a) To draft and promulgate, within their authority, or submit to competent authorities for promulgation, documents on community-based educational measures at communes, wards, and towns;

b) To review and summarize the implementation of laws on community-based educational measures at communes, wards, and towns;

c) To guide the application of laws on community-based educational measures at communes, wards, and towns upon request of ministries, ministerial-level agencies, and localities;

d) To guide the dissemination of laws on community-based educational measures at communes, wards, and towns; to take the lead and coordinate with relevant ministries and ministerial-level agencies in guiding, training, and enhancing skills in implementing laws on community-based educational measures at communes, wards, and towns;

đ) The responsibilities stipulated in points a, b, c, and d of this clause regarding family-based management measures.

2. The Ministry of Public Security is responsible for:

a) To guide the police at the commune level, social workers, and political-social organizations at the same level to assist the People's Committee at the commune level in collecting materials and preparing dossiers for the application of community-based educational measures at communes, wards, and towns; to guide and train the police at the commune level in organizing the implementation of educational plans, managing, and assisting those under education;

b) To report periodically or as required by competent authorities on the application of community-based educational measures at communes, wards, and towns as prescribed;

c) To develop guidance materials on the implementation of laws on the enforcement of community-based educational measures at communes, wards, and towns;

d) To guide and inspect the application of laws on the enforcement of community-based educational measures at communes, wards, and towns;

đ) The responsibilities stipulated in points a, b, c, and d of this clause regarding family-based management measures.

4. The Ministry of Finance shall be responsible for leading and coordinating with relevant ministries and sectors to guide the specific contents and levels of expenditure for the items specified in Clause 1, Article 12 of this Decree.

Article 50. Responsibilities of People's Committees at all levels

1. Within their functions, tasks, and powers, People's Committees at all levels shall be responsible for:

a) Implementing work to disseminate laws on community-based educational measures at commune, ward, and town levels in their localities;

b) Reporting on the implementation of laws on the application of community-based educational measures at commune, ward, and town levels;

c) Directing, guiding, and building budgets for the implementation of community-based educational measures at commune, ward, and town levels;

d) Directing and organizing the enforcement of decisions on the application of community-based educational measures at commune, ward, and town levels;

d) Directing agencies and social organizations at the local level to coordinate in implementing advisory, support, educational, and management activities for individuals subject to community-based educational measures at commune, ward, and town levels with the aim of helping them integrate into society;

e) The responsibilities specified in points a, b, c, d, and đ of this clause regarding family-based management measures.

2. Within their functions, tasks, and powers, Provincial People's Committees shall be responsible for:

a) Submitting annual budget estimates and establishing support levels for individuals directly assisting those under education to submit to the same-level People's Council for decision;

b) Reviewing and building social welfare bases within their jurisdiction to ensure the enforcement of decisions on the application of community-based educational measures at commune, ward, and town levels for minors without stable residences;

c) Deciding on the list of social welfare bases to accept minors without stable residences who are subject to community-based educational measures at commune, ward, and town levels.

3. Within their functions, tasks, and powers, Commune People's Committees shall be responsible for:

a) Organizing the implementation of the application of community-based educational measures at commune, ward, and town levels within their jurisdiction;

b) Mobilizing individuals with conditions, capabilities, and experience to participate in education, management, and assistance for those subject to community-based educational measures at commune, ward, and town levels in accordance with the actual situation of the locality;

c) Directing the organization of vocational training programs, job search, loan acquisition, production, business, counseling, life skill development programs, health and social services, drug prevention programs within their jurisdiction to create opportunities for those subject to community-based educational measures at commune, ward, and town levels to participate;

d) Preparing budgets for the implementation of community-based educational measures at commune, ward, and town levels to submit to the competent authority for decision;

đ) Inspecting the enforcement of decisions on the application of community-based educational measures at commune, ward, and town levels and family-based management measures in the locality.

Article 51. Responsibilities of the Head of the Police Station at the Commune Level

1. Assist the Chairman of the same-level People's Committee in overseeing the implementation of community-based educational measures at commune, ward, and town levels.

2. Keeping records of the application of community-based educational measures at commune, ward, and town levels according to the assignment of the Chairman of the Commune People's Committee.

Article 52. Coordination with the Vietnam Fatherland Front and its member organizations at the commune level

The Chairman of the Commune People's Committee shall request the Vietnam Fatherland Front and its member organizations at the commune level to coordinate in implementing community-based educational measures at commune, ward, and town levels and family-based management measures:

1. Assigning individuals directly to assist those under education when requested and supervising the implementation thereof.

2. Creating conditions for assigned individuals from their organizations to complete their tasks.

3. Assisting and creating conditions for those subject to community-based educational measures at commune, ward, and town levels; family-based management measures to participate in counseling and life skills development programs in the community.

Chapter V

IMPLEMENTATION PROVISIONS

Article 53. Forms to be used in implementing educational measures at commune, ward, town level and management measures at home

1. The Minister shall issue the Appendix attached hereto containing forms for use during the implementation of educational measures at commune, ward, town level and management measures at home for minors.

2. In cases where necessary to meet the requirements of state administration work, the Ministers of relevant ministries may issue other forms outside those prescribed in Clause 1 of this Article for use within their respective sectors and fields, after obtaining written consent from the Minister of Justice.

3. Authorities and persons with competent authority may use pre-printed forms or print forms themselves; they shall be responsible for the accuracy and completeness in printing, issuing, managing and using the forms issued in accordance with Clauses 1 and 2 of this Article.

4. Forms used during the implementation of educational measures at commune, ward, town level and substitute administrative violation handling management measures at home for minors shall be stored on paper and electronically.

Article 54. Effective Date

1. This Decree takes effect from January 1, 2022.

2. The Government's Decree No. 111/2013/NĐ-CP dated September 30, 2013, stipulating the regime for applying administrative educational measures at commune, ward, town level and the Government's Decree No. 56/2016/NĐ-CP dated June 29, 2016, amending and supplementing certain articles of the Government's Decree No. 111/2013/NĐ-CP dated September 30, 2013, stipulating the regime for applying administrative educational measures at commune, ward, town level shall cease to be effective from the date this Decree takes effect.

Article 55. Transitional Provisions

For violations occurring before the effective date of this Decree but discovered or currently being documented to propose the application of educational measures at commune, ward, town level or currently under consideration for a decision to apply educational measures at commune, ward, town level or currently under consideration for a decision to apply management measures at home for minors, this Decree shall be applied if it does not provide for legal liability or provides for lighter legal liability.

Article 56. Responsibility for Enforcement

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-run cities, and related agencies are responsible for enforcing this Decree.