Decree No. 125/2008/ND-CP amending and supplementing certain articles of Decree No. 76/2003/ND-CP dated June 27, 2003 on the regulations and guidance for applying the measure of sending to educational facilities.

DECREE

Amending and supplementing some articles of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on regulations and guidance for the application of measures to place individuals in educational facilities

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THE GOVERNMENT

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

Pursuant to Ordinance on Handling Administrative Violations No. 44/2002/PL-UBTVQH10 dated July 2, 2002;

Pursuant to Ordinance No. 04/2008/PL-UBTVQH12 dated April 2, 2008 amending and supplementing some articles of the Ordinance on Handling Administrative Violations;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on regulations and guidance for the application of measures to place individuals in educational facilities:

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

"Article 3. Subjects to be placed in educational facilities
1. Individuals who commit one of the following acts of violating the law with a regular nature (two or more violations within a period of 12 months), but not reaching the level of criminal prosecution and have been subject to community-based education measures or have not been subject to such measures but do not have a fixed residence:
a) Infringing upon the health, reputation, dignity of citizens, foreigners;
b) Infringing upon the property of organizations and individuals, both domestic and foreign;
c) Illegally racing; storing, using crude weapons;
d) Disrupting public order; resisting public officials;
đ) Abusing freedom and democratic rights, religious freedom to incite others to infringe upon the interests of the State, rights and lawful benefits of agencies, organizations, and individuals;
e) Forcing, inciting, or enticing others to flee abroad or remain illegally abroad;
g) Gambling;
h) Organizing gambling or betting;
i) Organizing, brokering prostitution, harboring prostitutes;
k) Organizing or performing superstitious acts for illicit gain;
l) Other acts violating laws on public order and social security.
2. Drug addicts who commit acts of violating the law that fall under both subjects to be placed in educational facilities and subjects to be placed in medical facilities, but are classified as violent and aggressive but not reaching the level of criminal prosecution.
3. Individuals currently serving a decision to be placed in a medical facility during the detoxification phase or behavior recovery phase who violate the provisions set out in point c, Clause 2, Article 24 and Clause 2, Article 25 of the Ordinance on Handling Administrative Violations 2002 two or more times within six months but not reaching the level of criminal prosecution."

2. Supplementing Article 3b as follows:

"Article 3b. Cases where the measure of placing individuals in educational facilities shall not be applied
1. Foreigners.
2. Individuals under 18 years old.
3. Females over 55 years old, males over 60 years old.

The age calculation date specified in Clause 2 and Clause 3 of this Article is the date of signing the decision to place in an educational facility. Legal basis for determining age is Birth Registration Certificate, if there is no Birth Registration Certificate then it must be based on Identity Card or Household Register. In cases where none of the aforementioned documents exist, age determination is based on statements and other valuable documents. In cases where individuals have been filed for placement in an educational facility, but on the date of signing the decision to place in an educational facility, they are over 55 years old for females, over 60 years old for males or individuals who have been decided to be placed in an educational facility but escaped, when caught again, are over 55 years old for females, over 60 years old for males, then no decision to place in an educational facility will be issued. If a decision has already been made, the Chairman of the Provincial People's Committee will revoke the decision and transfer the file to the Chairman of the People's Committee at the commune, ward, town to issue a decision to apply community-based education measures according to the law."

3. Article 6 shall be amended and supplemented as follows:

"Article 6. Establishing and managing educational facilities
1. The Minister of Public Security decides on the establishment, merger, dissolution of educational facilities nationwide. Educational facilities are established in specific regions. In cases where localities have many individuals requiring the application of measures to be placed in educational facilities, the Chairman of the Provincial People's Committee proposes a plan to the Minister of Public Security for consideration and decision on establishing educational facilities in their locality.

2. Educational facilities are planned, designed, and constructed according to unified regulations of the Ministry of Public Security, ensuring suitability with the characteristics and requirements of management, education, drug rehabilitation, medical treatment, vocational training for inmates, and meeting fire prevention, environmental hygiene standards.

3. The Ministry of Public Security uniformly manages educational facilities nationwide; collaborates with the Ministry of Education and Training to implement educational programs for inmates; collaborates with the Ministry of Labor, Invalids, and Social Affairs in organizing vocational training and collaborates with the Ministry of Health in organizing drug rehabilitation, disease prevention, and treatment for inmates in educational facilities."

4. Article 7 shall be amended and supplemented as follows:

"Article 7. Funding for the implementation of measures to place individuals in educational facilities
1. Funding for investment in building physical infrastructure, purchasing equipment, means, and organizing activities of educational facilities; for the preparation and review of files; for organizing the placement of individuals in educational facilities, tracking fugitives; for food, clothing, accommodation, study, disease prevention, treatment, and drug rehabilitation for inmates is balanced and allocated in the annual state budget of the Ministry of Public Security.
2. Educational facilities can accept material sponsorship and assistance from organizations and individuals; participate in contracts and collaborations with organizations and individuals in economic activities according to the law to create funding sources to support the operation of educational facilities."

5. Amend and supplement Article 9 as follows:

"Article 9. Preparing files to propose placement in educational facilities
1. Police at all levels are responsible for assisting the Chairmen of People's Committees at the same level in collecting materials and preparing files to propose the placement of individuals in educational facilities.
2. The Chairman of the People's Committee of communes, towns, wards (collectively referred to as the People's Committee at the commune level) where the subject is subject to the measure of being placed in a residential educational facility (for persons with a definite place of residence) or where such person commits a violation of the law (for persons without a definite place of residence) shall examine, prepare a file, and propose to send the person to a residential educational facility to the Public Security Department of districts, cities directly under provinces, or towns (collectively referred to as the Public Security Department at the district level). Within fifteen working days from the date of receiving the file, the Public Security Department at the district level shall be responsible for verifying and reviewing the file, and reporting to the Chairman of the People's Committee at the same level. Within three working days from the date of receiving the file transferred by the Public Security Department at the same level, the Chairman of the People's Committee at the district level shall examine and submit the file along with a document requesting the Chairman of the People's Committee at the provincial level to consider and decide on sending the person to a residential educational facility to the Standing Advisory Council (at the Public Security Department at the provincial level) for evaluation, assisting the Chairman of the People's Committee at the provincial level, centrally governed city (collectively referred to as the People's Committee at the provincial level). Within three working days from the date of receiving the file, the Standing Advisory Council must send the file to the members of the Advisory Council.

The file proposing to send a person to a residential educational facility includes a summary of the person's criminal record, minutes, and materials regarding their violations of the law; documents on educational measures that have been applied (for persons with a definite place of residence); comments from the Public Security Department, opinions of the Vietnam Fatherland Front and related social organizations at the same level.
3. In cases where the subject is discovered, accepted, and investigated by the Public Security Department at the district or provincial level in cases of law violations but not yet reaching the level of criminal prosecution and falls within the category of persons to be sent to a residential educational facility as stipulated in Clause 1 and Clause 2 of Article 3 of this Decree, the Public Security Department accepting the case must verify, collect evidence, prepare a file, and submit it to the Chairman of the People's Committee at the same level to propose applying the measure of sending the person to a residential educational facility.

The file proposing to send a person to a residential educational facility in this case includes a summary of the person's criminal record, materials regarding their violations of the law; extracts of judgments and educational measures already applied (if any).
4. In cases where the Public Security Department at the district level accepts the case, prepares a file, and submits it to the Chairman of the People's Committee at the same level according to the provisions of Clause 3 of this Article, within ten working days from the date of receiving the file, the Chairman of the People's Committee at the district level must submit the file, along with a document proposing to send the person to a residential educational facility, to the Standing Advisory Council (at the Public Security Department at the provincial level) for evaluation, assisting the Chairman of the People's Committee at the provincial level.
5. In cases where the Public Security Department at the provincial level prepares a file proposing to send a person to a residential educational facility according to the provisions of Clause 3 of this Article, the Director of the Public Security Department at the provincial level reports to the Chairman of the People's Committee at the same level and sends the file to the members of the Advisory Council.
6. The People's Committee at the district level is responsible for directing the Public Security Department at the same level to strictly manage subjects who are currently in the process of preparing files to be sent to a residential educational facility; in cases where the subject does not have a definite place of residence and shows signs of evasion, making it difficult for the preparation of the file to send them to a residential educational facility, the Head of the Public Security Department at the district level shall prepare a report to the Director of the Public Security Department at the provincial level to issue a decision to manage them at the Public Security Department at the provincial level for no more than 15 days according to the provisions of Clause 3 of Article 14 of this Decree to prepare the file to send them to a residential educational facility.

6. Article 12 is amended and supplemented as follows:

"Article 12. Handling cases where a person is both subject to placement in a residential educational facility and a medical treatment facility
1. In cases where a person committing a violation of the law is both subject to placement in a residential educational facility and a medical treatment facility, the measure of placing them in a medical treatment facility shall be applied. The agency that has accepted the file for placement in a residential educational facility shall be responsible for transferring the entire file to the competent authority to prepare and review the file for placement in a medical treatment facility to proceed with the procedures for placement in a medical treatment facility in accordance with the law.
2. In cases where a drug addict who is a violent thug is involved, the measure of placing them in a residential educational facility shall be applied. The agency that has accepted the file for placement in a medical treatment facility shall be responsible for transferring the entire file to the competent authority to prepare and review the file for placement in a residential educational facility to proceed with the procedures for placement in a residential educational facility in accordance with the law.
3. In cases where a person subject to placement in a residential educational facility falls within the category specified in Clause 3 of Article 3 of this Decree, the Director of the Medical Treatment Facility shall prepare a file and submit it to the Standing Advisory Council (at the Public Security Department at the provincial level) for evaluation, assisting the Chairman of the People's Committee at the same level to consider and decide on applying the measure of placement in a residential educational facility to such person according to the provisions of Clause 2 of Article 9 of this Decree. A person subject to placement in a residential educational facility in this case does not need to comply with the remaining period of the decision on placement in a medical treatment facility.

The file proposing to apply the measure of placement in a residential educational facility in this case includes:
a) The entire file proposing to apply the measure of placement in a medical treatment facility for the person proposed to be placed in a residential educational facility; minutes, materials regarding their violations of the law during the time they were placed in a medical treatment facility and educational measures already applied to them;
b) A proposal document from the Director of the Medical Treatment Facility submitted to the Chairman of the People's Committee at the provincial level;

c) Other relevant materials concerning the proposal to apply the measure of placement in a residential educational facility to such person."

7. Article 13 is amended and supplemented as follows

"Article 13. Decision on Placement in a Residential Educational Facility
1. The Chairman of the People's Committee at the provincial level shall consider and decide on placement in a residential educational facility within seven days from the date of receiving the report of the Advisory Council
2. The decision on placement in educational facilities becomes effective from the date of signing and must be immediately sent to the provincial police, provincial People's Council, commune-level People's Committee where the person resides, medical facility for cases where the subject being placed in an educational facility is currently serving a decision on placement in a medical facility, and handed over to the person who must serve the decision before its implementation.
3. The content of the decision on placement in an educational facility must clearly state the date, month, year of issuance; the name, position of the issuer; the name, date of birth, occupation, place of residence of the person being placed in the educational facility; the violation of the law committed by that person; the article and clause of the applicable document; the time limit for implementing the decision; the location for implementing the decision according to the guidance of the Ministry of Public Security; the right to appeal and initiate litigation against the decision on placement in an educational facility in accordance with the provisions of the law.

8. Article 14 is amended and supplemented as follows:

Article 14. Implementation of the decision on placement in an educational facility
1. Within five working days from the date the Chairman of the provincial People's Committee issues the decision, the provincial police or the medical facility, in cases where the person subject to the measure of placement in an educational facility falls under the category specified in Clause 3, Article 3 of this Decree, must organize the placement of that person in the educational facility. The period for implementing the decision on placement in an educational facility is calculated from the day the person subject to the measure is taken to the educational facility.
2. Upon receiving the decision on placement in an educational facility, the county-level police, commune-level People's Committee have the responsibility to coordinate with the provincial police in ensuring the implementation of that decision.
3. In cases where there is a need for time to complete necessary procedures before placing the person with the decision in an educational facility, the Director of the provincial police shall issue a decision to manage them at the provincial police within a maximum period of fifteen days to complete the necessary procedures.

The period of management at the provincial police is included in the period for implementing the decision at the educational facility.

The food and accommodation conditions of the person with a decision on placement in an educational facility during the period of management at the provincial police are treated the same as those of inmates in the educational facility.

The provincial police must arrange a dedicated area for managing persons with a decision on placement in an educational facility during the period they are managed at the provincial police.

The Ministry of Public Security shall provide detailed guidelines on managing subjects at the provincial police for the cases mentioned above and the cases stipulated in Clause 6, Article 9 of this Decree.
4. When placing a person to implement the decision on placement in an educational facility, accompanying documents must be provided; the documents include:
a) Decision on placement in an educational facility; administrative retention decision at the provincial police (if any);
b) Summary of the criminal record and violations of the law of the person subject to the measure of placement in an educational facility;
c) List of the person subject to the measure of placement in an educational facility;
d) Other necessary documents related to the personal information of the person implementing the decision and to serve the management and education of that person (if any).

5. When accepting a person with a decision on placement in an educational facility, a comparison and inspection of the person to be received with the documents, identity card, and other personal papers of that person must be conducted, and a handover record must be established, clearly stating the documents contained in the file; the current health status of the person to be received; personal belongings carried along, and other matters related to the handover of the subject.

9. Article 16 shall be amended and supplemented as follows:

Article 16. Time Limit for Implementing the Decision on Placement in an Educational Facility
1. The decision on placement in an educational facility expires after one year from the date of issuance. In cases where the person placed in an educational facility deliberately avoids the implementation of the decision, the aforementioned time limit is recalculated from the point when the act of avoiding is terminated.
2. In cases where the person placed in an educational facility commits a criminal act during the period of evasion and is sentenced to imprisonment by the Court, after completing the prison sentence, that person must continue to implement the decision on placement in an educational facility; if the sentence imposed by the Court is not imprisonment, the decision on placement in an educational facility must be implemented immediately in accordance with this Decree.

10. Article 19 is amended and supplemented as follows:

Article 19. Organization of Educational Facilities
1. The organizational structure of the educational facility includes the Director, Deputy Directors; Team Leaders, Deputy Team Leaders; Section Chiefs, Deputy Section Chiefs; officers, non-commissioned officers in specialized fields; officers, non-commissioned officers, armed guards, and staff.
2. The appointment and removal of the Director, Deputy Directors, Section Chiefs, Deputy Section Chiefs, Team Leaders, and the establishment of the organizational structure of the educational facility are regulated by the Minister of Public Security.

3. Each educational facility manages between 500 and 3,000 inmates. Educational facilities with more than 1,000 inmates may establish sections according to the regulations of the Ministry of Public Security. Within the educational facility, areas and separate rooms (each room not exceeding 15 people) must be arranged to manage individuals undergoing drug rehabilitation, inmates repeatedly violating internal rules, and those frequently opposing, adversely affecting other inmates.

11. Article 21 is amended and supplemented as follows:

Article 21. Qualifications of the Director, Deputy Directors, Section Chiefs, Deputy Section Chiefs, Team Leaders, Team Deputies, Officers, Non-Commissioned Officers, Armed Guards, and Staff of the Educational Facility.
1. The Director, Deputy Directors, Section Chiefs, Deputy Section Chiefs, Team Leaders, Team Deputies, Officers, Non-Commissioned Officers, Armed Guards, and Staff must be individuals with good political qualities, loyal to the regime and the Party, having a sense of organizational discipline, mastering policies and professional knowledge, respecting and strictly adhering to the law.
2. The Director, Deputy Directors, Section Chiefs, and Team Leaders must be individuals who have graduated from one of the following institutions: Police Academy; National Security Academy; University of Public Security; University of National Security; Law University; University of Social Sciences and Humanities; Pedagogical University; Medical University or equivalent, and have experience in managing and educating law violators.
3. The Deputy Zone Leader, Team Leader, officers, non-commissioned officers in charge of business affairs, and armed protection officers must be individuals who have graduated from the People's Police Secondary School, People's Security Secondary School, or possess equivalent qualifications.
4. Officers and non-commissioned officers specializing in technical fields must be individuals with a secondary vocational education level or higher in their respective specialized fields.

Non-commissioned officers and guards must be individuals who have been trained and instructed in guard duties.

Workers and staff members must be individuals who have been trained and are proficient in the knowledge related to their specific professional tasks.

12. Article 28 shall be amended and supplemented as follows:

"Article 28. Clothing and Food Rations
1. Each inmate receives two sets of long pants and shirts, two sets of undergarments, two towels, one pair of sandals, two toothbrushes, two personal mats, one raincoat, one sun and rain hat; quarterly, they receive one box of toothpaste weighing 150 grams and 0.6 kilograms of soap; every two years, they receive one wool blanket and one mosquito net, but not exceeding two kilograms for two years for inmates at educational facilities north of Thua Thien Hue, who also receive one warm coat and one cotton quilt.

Female inmates receive personal hygiene allowance each month equivalent to two kilograms of rice based on the local market price.
2. Monthly food rations for inmates are stipulated as follows: 17 kilograms of rice, 1.5 kilograms of meat or fish, 0.5 kilograms of regular sugar, 1.0 kilogram of salt, 500 grams of monosodium glutamate, one liter of fish sauce, 15 kilograms of green vegetables, and 15 kilograms of firewood or equivalent fuel. On public holidays and New Year’s Day, they receive additional meals up to three times the daily standard; during Tet, they receive additional meals up to five times the daily standard. For those engaged in heavy labor or working in hazardous environments, their food rations may be increased by 15 percent compared to the standard. Food standards are calculated based on the local market prices.

3. The diet and rest regime for sick inmates shall be decided by the Director of the facility according to the medical authority's instructions."

13. Article 29 shall be amended and supplemented as follows:

"Article 29. Living Conditions and Education
1. Inmates are allowed to engage in physical exercise, cultural activities, music, entertainment; they can read books, listen to the radio, hear current events and policies, and watch television programs according to the regulations of the Ministry of Public Security.

Each educational facility establishes one library, one recreational area, and one sports field. Every thirty inmates receive one copy of the People's Newspaper and one copy of the Law Newspaper. Each zone is equipped with a broadcasting system or one internal cable television system, and each dormitory is provided with one color television set of twenty-one inches or larger.
2. Inmates attend civic education classes once a week, each session lasting four hours.
3. Illiterate inmates must attend literacy classes twice a week, each session lasting four hours.
4. Based on the specific conditions of the educational facility, the Director of the educational facility may arrange study time for other subjects and organize work combined with learning suitable trades for inmates.
5. Monthly funding for cultural education, trade training, and civic education for each inmate is equivalent to three kilograms of rice based on the local market price.

6. The Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Education and Training shall establish curricula and arrange teachers for cultural education and trade training for educational facilities."

14. Article 32 shall be amended and supplemented as follows:

"Article 32. Medical Examination, Treatment, and Handling of Inmate Deaths
1. The Director of the educational facility is responsible for organizing drug rehabilitation for inmates still addicted to drugs. The cost of organizing drug rehabilitation is funded by the state budget.
2. Based on the specific conditions of the educational facility, the Director of the educational facility organizes regular health check-ups and takes preventive measures against diseases for inmates. Monthly medical expenses for each inmate, including medication and regular treatment, are equivalent to two kilograms of rice based on the local market price.

If an inmate falls ill, the Director of the educational facility will consider granting them temporary leave from work or study, reducing their workload, or shortening their working hours based on the medical officer's recommendation. In severe cases, they may be hospitalized or transferred to a hospital. If necessary, the Director of the educational facility reports to the Director of the Prison Management Bureau for a decision to temporarily suspend the execution of the decision in accordance with Clause 25 of this Decree.

If an inmate is injured due to a workplace accident, natural disaster, or fire, the Director of the educational facility must process the procedures to implement the compensation benefits for the inmate as prescribed.

If an inmate shows signs of mental illness, the Director of the educational facility sends a letter to the Central Mental Hospital in the region and assigns an officer to escort the inmate for a psychiatric evaluation. The Central Mental Hospitals in the region are responsible for conducting the psychiatric evaluation and issuing a written conclusion to the Director of the educational facility for resolution in accordance with the law.
3. When an inmate dies, the Director of the educational facility must immediately notify the Criminal Investigation Agency and the People's Procuratorate with jurisdiction to investigate the cause of death, have witnesses from the educational facility present, and complete the death registration procedures with the local government. Subsequently, the death certificate must be sent to the deceased's family and the provincial People's Committee where the decision was made to place the individual in the educational facility, and the People's Committee of the village where the individual previously resided.

If an inmate dies due to HIV/AIDS, with a conclusion from a healthcare facility at the district level or higher, the Director of the educational facility invites representatives from the Criminal Investigation Agency, the People's Procuratorate, the healthcare facility, and the legal representative of the deceased inmate (if available) to record the incident as required and does not need a forensic examination.

If an inmate dies while being treated at a state healthcare facility at the district level or higher, the healthcare facility is responsible for notifying and sending the death certificate to the educational facility.

Within twenty-four hours of completing the aforementioned procedures, the Director of the educational facility is responsible for organizing the burial of the body; funeral expenses are funded by the state budget."

If relatives or the lawful representatives of the detainee request to receive the body for burial or request to receive the remains that have been buried for three years or more, the Director of the educational facility shall examine and decide to allow the receipt of the body or remains. The application must be confirmed by the People's Committee of the commune and must commit to comply with the legal regulations on security, public order, and environmental hygiene.

15. Article 33 is amended and supplemented as follows:

"Article 33. Visiting relatives; receiving and sending letters; receiving money and gifts
1. Detainees may meet their relatives twice a month, each time not exceeding two hours at the reception house of the educational facility and must comply with the regulations on visiting. In cases where meetings last longer, they must obtain the consent of the Director of the educational facility, but not exceeding four hours.

Detainees who make significant efforts in labor, study, and strictly adhere to the laws and internal regulations of the educational facility may be allowed by the Director of the educational facility to meet their spouse up to 48 hours and stay overnight at the reception house of the educational facility.
2. Visitors to detainees must present an Identity Card, a visit application form, and if they are spouses visiting and staying overnight, they must also provide a marriage registration certificate.

3. Detainees may receive and send letters; receive gifts and money (Vietnamese currency); and communicate with relatives in Vietnam via telephone once or twice a month, each call not exceeding five minutes. All calls, letters, and gifts must be inspected by the educational facility. Cash must be deposited into the custody department of the educational facility for use according to the regulations of the Ministry of Public Security.

16. Article 38 is amended and supplemented as follows:

"Article 38. Responsibilities of the Ministry of Health The Ministry of Health is responsible for coordinating with the Ministry of Public Security to guide drug rehabilitation; prevent and treat diseases for persons subject to placement in educational facilities.

Article 2. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Minister of Public Security shall issue detailed guidelines for the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decree.