Circular No. 13/2026/TT-BCA amending and supplementing certain articles of Circular No. 43/2022/TT-BCA dated October 27, 2022, issued by the Minister of Public Security, concerning the dossier, procedures, and formalities for requesting the People's Court to consider reducing the term, temporarily suspending the execution of decisions, and exempting from executing the remaining time for students at educational centers and inmates at compulsory education facilities.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 43/2022/TT-BCA dated October 27, 2022, issued by the Minister of Public Security, regarding the dossier, procedures, and process for requesting the People's Court to consider reducing the term, temporarily suspending execution of decisions, and exempting from remaining time served for students at educational correctional schools and inmates at compulsory educational facilities                      

Pursuant to Law on Handling Administrative Violations No. 15/2012/QH13 amended and supplemented by Law No. 54/2014/QH12, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, and Law No. 85/2025/QH15;

Pursuant to Decree No. 02/2025/NĐ-CP dated February 18, 2025, promulgating the functions, tasks, powers, and organizational structure of the Ministry of Public Security, amended and supplemented by Decree No. 11/2025/NĐ-CP;

At the proposal of the Director of the Department of Prison Management, Compulsory Educational Facilities, and Educational Correctional Schools;

The Minister of Public Security issues this Circular amending and supplementing certain Articles of Circular No. 43/2022/TT-BCA dated October 27, 2022, issued by the Minister of Public Security, regarding the dossier, procedures, and process for requesting the People's Court to consider reducing the term, temporarily suspending execution of decisions, and exempting from remaining time served for students at educational correctional schools and inmates at compulsory educational facilities.

Article 1. Amending and supplementing Article 6

1. Amending and supplementing Clause 1 of Article 6 as follows:

"1. The Principal of the educational correctional school shall establish a Review Board to propose reduction of the term of execution of the decision to place in an educational correctional school, consisting of: the Principal of the educational correctional school as Chairman of the Board, the Deputy Principal responsible for educational work as Vice-Chairman of the Board, members including other Deputy Principals, Heads of branches, and Team Leaders of specialized teams directly under the Principal of the educational correctional school, with the Team Leader of the Education Affairs Team and the dossier officer serving as members and secretaries. In cases where there is no Principal at the educational correctional school, the Deputy Principal assigned to manage the school shall establish the Board, and if the Deputy Principal responsible for educational work is also managing the school, another Deputy Principal shall be chosen as Vice-Chairman of the Board. In cases where there is no Head of branch or Team Leader of a specialized team, or due to objective reasons, the Head of branch or Team Leader cannot participate in the Board, then a Deputy Head of branch or Deputy Team Leader of that specialized team shall be selected to join the Board. For educational correctional schools with two or more branches, the Principal of the educational correctional school shall decide to establish a Sub-Board for review and proposal to reduce the term of execution of the decision to place in an educational correctional school at each branch, consisting of: the Head of branch as Head of the Sub-Board, one Deputy Head of branch as Deputy Head of the Sub-Board, members including other Deputy Heads of branch and representatives of staff engaged in education affairs, cultural teaching, health care, security, vocational training at the branch, with the staff engaged in education affairs serving as members and secretaries. The class teacher of the student team (group) included in the list for review and proposal to reduce the term shall attend the Sub-Board meeting and directly report and explain issues raised by participants."

2. Amending and supplementing Clause 2 of Article 6 as follows:

"2. The Director of the compulsory educational facility shall establish a Review Board to propose reduction of the term of execution of the decision to place in a compulsory educational facility, consisting of: the Director of the compulsory educational facility as Chairman of the Board, the Deputy Director responsible for educational work as Vice-Chairman of the Board, members including other Deputy Directors, Heads of zones, and Team Leaders of specialized teams directly under the Director of the compulsory educational facility, with the Team Leader of the Education Team and the dossier officer serving as members and secretaries. In cases where there is no Director at the compulsory educational facility, the Deputy Director assigned to manage the facility shall establish the Board, and if the Deputy Director responsible for educational work is also managing the facility, another Deputy Director shall be chosen as Vice-Chairman of the Board. In cases where there is no Head of zone or Team Leader of a specialized team, or due to objective reasons, the Head of zone or Team Leader cannot participate in the Board, then a Deputy Head of zone or Deputy Team Leader of that specialized team shall be selected to join the Board. For compulsory educational facilities with two or more zones, the Director of the compulsory educational facility shall decide to establish a Sub-Board for review and proposal to reduce the term of execution of the decision to place in a compulsory educational facility at each zone, consisting of: the Head of zone as Head of the Sub-Board, one Deputy Head of zone as Deputy Head of the Sub-Board, members including other Deputy Heads of zone and representatives of staff engaged in education, investigation, health care, security, vocational training at the zone, with the staff engaged in education serving as members and secretaries. The prison guard responsible for the inmate team (group) included in the list for review and proposal to reduce the term shall attend the Sub-Board meeting and directly report and explain issues raised by participants."

Article 2. Amending and supplementing Clause 1 of Article 7

"1. The Director of the Department of Prison Management, Compulsory Educational Facilities, and Educational Correctional Schools, Ministry of Public Security, shall establish a Dossier Review Board to propose reduction of the term of execution of the decision to place in an educational correctional school or compulsory educational facility, consisting of: the Deputy Director responsible for educational work as Chairman of the Board, the Head of the Education Work Department as Vice-Chairman of the Board, one leader of the Education Work Department as a member, one officer of the Education Work Department as a member and secretary, and other members decided by the Director of the Department of Prison Management, Compulsory Educational Facilities, and Educational Correctional Schools according to their functions and tasks. In cases where there is no Director at the Department of Prison Management, Compulsory Educational Facilities, and Educational Correctional Schools, the Deputy Director assigned to manage the department shall establish the Dossier Review Board, and if the Deputy Director responsible for educational work is also managing the department, another Deputy Director shall be appointed as Chairman of the Board."

Article 2. Amending and supplementing Clause 1 of Article 7

“1. The Director of the Department of Prison Management, Compulsory Education Facilities, and Educational Treatment Centers under the Ministry of Public Security shall establish an Appraisal Board for applications to reduce the duration of enforcement of decisions on the application of measures for placement in educational treatment centers and compulsory education facilities, consisting of: The Deputy Director in charge of educational work as Chairman of the Board, the Head of the Educational Work Department as Vice-Chairman of the Board, one leader of the Educational Work Department as a member, one staff member of the Educational Work Department as Secretary Member, and other members appointed by the Director of the Department of Prison Management, Compulsory Education Facilities, and Educational Treatment Centers according to their functions and tasks. In cases where the Department of Prison Management, Compulsory Education Facilities, and Educational Treatment Centers does not have a Director, the Deputy Director assigned to be in charge of the Department shall decide to establish the Appraisal Board; if the Deputy Director in charge of educational work is assigned to be in charge of the Department, then another Deputy Director shall serve as Chairman of the Board.”

Article 3. Supplement Article 13a following Article 13

"Article 13a. Transitional Provisions

In cases where legal normative documents referred to in this Circular are amended, supplemented, replaced, or newly issued, the contents related to this Circular will also be changed according to the amended, supplemented, replaced, or newly issued documents."

Article 4. Replace certain phrases in Clause 3 of Article 5, Clause 3 of Article 7, Article 10, Clause 2 and Clause 3 of Article 11, and Clause 2 of Article 14

1. Replace the phrase "People's Court at district level" with the phrase "People's Court in the area" in Clause 3 of Article 5, Clause 3 of Article 7, Article 10, Clause 2 and Clause 3 of Article 11.

2. Replace the phrase "Provincial Police, Municipal Police under the Central Government" with the phrase "Provincial Police, Municipal Police" in Clause 2 of Article 14.

Article 5. Effective Date

This Circular shall take effect from March 20, 2026.