Decree No. 142/2003/NĐ-CP on the application of administrative measures to send individuals to educational centers

DECREE OF THE GOVERNMENT

Regulations on the application of administrative handling measures

placing in educational centers

 _______________________

THE GOVERNMENT

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Public Security,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the subjects, principles, procedures for placing in educational centers, establishment, organization of educational centers, management system for persons placed in educational centers, and other relevant provisions related to the application of the measure of placing in educational centers based on the provisions of the Ordinance on Handling Administrative Violations.

Article 2. Placing in Educational Centers

1. Placing in educational centers is an administrative handling measure decided by the Chairman of the People's Committee at the district, town, city under province level (hereinafter referred to collectively as the district level) against minors who commit acts of violating laws specified in Clause 2 of this Article to study culture, vocational education, learn trades, work, and live under the management and education of the center.

The duration of applying the measure of placing in educational centers is from six months to two years.

2. The subjects to whom the measure of placing in educational centers is applied include:

a) Persons aged from twelve to under fourteen years old committing acts with signs of very serious crimes or extremely serious crimes as defined in the Criminal Code;

b) Persons aged from twelve to under sixteen years old committing acts with signs of less serious crimes or serious crimes as defined in the Criminal Code, who have previously been subject to community-based educational measures or have not been subject to such measures but have no fixed residence;

c) Persons aged from fourteen to under eighteen years old repeatedly committing petty theft, small fraud, small gambling, public disorderly conduct, who have previously been subject to community-based educational measures or have not been subject to such measures but have no fixed residence;

The basis for determining age is the Birth Registration Certificate. If there is no Birth Registration Certificate, then the Identity Card or Household Register must be relied upon. The ages mentioned in Points a, b, and c of Clause 2 are the ages when the subjects commit the acts of violating the law. If at the time of signing the decision to place in educational centers, the person has reached eighteen years old or older, the measure of placing in educational centers shall not be applied, and the case shall be reviewed and a file prepared to propose placement in an educational facility if they fall within the scope of those subject to this measure.

3. In cases where minors commit acts of violating the law that fall within both the subjects of placing in educational centers and placing in treatment facilities, the competent authority shall only apply the measure of placing in treatment facilities. The agency handling the file shall be responsible for transferring the entire file of that person to the Advisory Board on Placement in Treatment Facilities to proceed with subsequent procedures as prescribed by law.

4. The measure of placing in educational centers shall not be applied to foreigners.

Article 3. Principles of Applying the Measure of Placing in Educational Centers

1. All acts of violation specified in Clause 2 of Article 2 of this Decree must be promptly discovered, handled quickly, and fairly in accordance with the provisions of this Decree and other relevant laws.

2. Minors shall only be subject to the measure of placing in educational centers if they commit acts of violating the law as specified in Points a, b, and c of Clause 2 of Article 2 of this Decree.

3. The application of the measure of placing in educational centers must ensure accuracy regarding the person, procedures, and authority as prescribed in the Ordinance on Handling Administrative Violations and this Decree.

4. When deciding to apply the measure of placing in educational centers, it must be based on legal provisions, the nature and degree of violation, the background of the violator, and mitigating or aggravating circumstances to make appropriate decisions.

5. Any act infringing upon the life, health, reputation, dignity, or property of persons subject to the measure of placing in educational centers is strictly prohibited.

Article 4. Time Limit for Applying Measures to Send Individuals to Educational Centers

The time limit for applying measures to send individuals to educational centers is specified as follows:

1. One year from the date of committing the violation as stipulated in point a, Clause 2, Article 2 of this Decree;

2. Six months from the date of committing the violation as stipulated in point b, or from the last occurrence of any of the violations as stipulated in point c, Clause 2, Article 2 of this Decree;

3. If within the time limits prescribed in Clauses 1 and 2 of this Article, the violator intentionally avoids administrative responsibility pursuit, then the time spent evading shall not be counted, and the time limits prescribed in Clauses 1 and 2 of this Article shall be recalculated from the date the violator surrenders or is apprehended.

Article 5. Establishment and Management of Educational Centers

1. The Ministry of Public Security decides on the establishment of educational centers by region; the merger or dissolution of educational centers. In cases where localities have needs, the Chairperson of the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as provincial level) must develop specific proposals and request the Ministry of Public Security to establish educational centers in their localities.

Educational centers are planned, designed, and constructed according to unified regulations of the Ministry of Public Security, ensuring suitability with the characteristics and requirements of managing and educating individuals sent to educational centers, and meeting fire prevention, firefighting, and environmental sanitation standards.

2. The Ministry of Public Security uniformly manages educational centers, coordinating with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Population, Family and Children Commission, and relevant agencies and organizations in organizing and managing educational centers suitable for age groups from 12 to under 15 years old and from 15 to under 18 years old.

Article 6. Tasks of Educational Centers

1. Educational centers are places where decisions to send juveniles who have committed offenses as stipulated in Clause 2, Article 2 of this Decree are enforced.

2. Educational centers have the task of receiving individuals with decisions to be sent to educational centers and managing, educating them in morals, laws, vocational guidance, cultural education, vocational training, organizing labor and living activities appropriate to their age, aiming to help them correct their offenses, study, improve, and develop healthily physically, mentally, and intellectually to become law-abiding and socially beneficial citizens.

3. The organization and operation of educational centers must comply with the provisions of this Decree and other related laws.

Article 7. Tasks of Individuals Sent to Educational Centers

Individuals sent to educational centers must strictly abide by state laws, internal rules of educational centers, accept management and education from educational centers, and must study, train, work, and live under the management and guidance of educational center staff and teachers.

Article 8. Funding for Implementing Administrative Measures to Send Individuals to Educational Centers

1. Funding for investing in material infrastructure, purchasing equipment, means, organizing activities of educational centers; funding for establishing files, organizing the sending of individuals to educational centers; funding for ensuring food, clothing, accommodation, education, vocational training, cultural, artistic, sports activities, disease prevention, and medical treatment for students is guaranteed by the central budget and from local support sources, state agencies, organizations, and individuals both domestically and internationally; from the results of educational center labor. The portion of the central budget guaranteeing the implementation of administrative measures to send individuals to educational centers is allocated into the annual budget plan of the Ministry of Public Security.

2. Educational centers can directly receive material assistance from local people's committees; state agencies; domestic and international organizations and individuals to use for cultural education, vocational guidance, vocational training, purchasing equipment, means, and supplies serving the study and living of individuals currently implementing decisions to be sent to educational centers.

Chapter II

PROCEDURES FOR APPLYING MEASURES

TO SEND INTO EDUCATIONAL CENTERS

Article 9. Establishing the Application for Admission to a Rehabilitation School

1. For juveniles who commit acts of law violation as stipulated in Clause 2, Article 2 of this Decree and need to be admitted to a rehabilitation school, the Chairman of the People's Committee of the commune, ward, town (hereinafter referred to collectively as the commune level) where such person resides shall establish an application and submit it to the Chairman of the People's Committee at the district level.

The application for admission to a rehabilitation school includes:

- A summary of the personal history;

- Documents on the violations of the law committed by that person;

- Documentation on educational measures already applied;

- Comments from the Police agency, opinions from the school where the juvenile studies, the People's Committee of the United Front, the Youth Union, Women's Association, Population, Family and Children's Board at the commune level, and the parents or guardians of that person.

2. For juveniles without a fixed place of residence, the Chairman of the People's Committee of the commune where the act of law violation occurred shall record the incident and report to the Chairman of the People's Committee at the district level.

In cases where the subject is directly discovered, investigated, or handled by the provincial or district-level Police agency in law violation cases but not reaching the level of criminal prosecution or the violator is under the age of criminal responsibility and falls within the category for admission to a rehabilitation school, the Police agency handling the case must verify, collect evidence, and establish an application to submit to the Chairman of the People's Committee at the district level for review and approval of admission to a rehabilitation school.

For subjects requiring admission to a rehabilitation school as specified in Clause 2 of this Article, the Chairman of the People's Committee at the district level has the responsibility to direct the Police agency at the same level to strictly manage these subjects during the period of establishing the application for their admission to a rehabilitation school.

The application for admission to a rehabilitation school as specified in Clause 2 of this Article includes:

- A summary of the personal history;

- Documents on the violations of the law committed by that person;

- Extracts of prior offenses and convictions (if any);

- Documentation on educational measures already applied (if any).

3. The Police agency has the responsibility to assist the Chairman of the People's Committee at the same level in collecting evidence and establishing the application for admission to a rehabilitation school.

4. Within three days from the date of receipt of the application or record as specified in Clauses 1 and 2 of this Article, the Chairman of the People's Committee at the district level shall transfer it to the Head of the Police agency at the same level. Within fifteen days from the date of receipt of the application, the district-level Police agency has the responsibility to review, collect evidence, complete the application, and send it to the members of the Advisory Council. The application is also sent to the Standing Body of the People's Council at the district level.

Article 10. Advisory Council on Admission to a Rehabilitation School

1. The Advisory Council on Admission to a Rehabilitation School is established by the Chairman of the People's Committee at the district level to assist the Chairman of the People's Committee at the district level in reviewing applications for admission to a rehabilitation school. The Advisory Council consists of the Head of the Police, the Head of the Legal Affairs Department, the Director of the Population, Family and Children's Board at the district level; the Head of the Police serves as the permanent member of the Advisory Council. For districts, counties, towns, and cities under provinces, if there is no Legal Affairs Department, the head of the agency directly responsible for legal affairs at the district level is a member of the Advisory Council. Members of the Advisory Council work on a part-time basis. The People's Committee at the district level is responsible for providing funds for the operation of the Advisory Council.

2. Within seven days from the date of receipt of the application, the Advisory Council has the responsibility to examine the application and organize meetings to review the application.

3. The permanent body of the Advisory Council is responsible for preparing materials, organizing, and chairing meetings of the Advisory Council. The Advisory Council operates as a collective body, convening meetings, reviewing, and voting on each individual for admission to a rehabilitation school. Based on the opinions and number of votes cast by members during the Advisory Council meeting, the permanent body of the Advisory Council concludes according to the majority vote on each individual. Meetings of the Advisory Council must be recorded in minutes. Different opinions must be recorded in the minutes of the meeting attached to the report submitted by the permanent body of the Advisory Council to the Chairman of the People's Committee at the district level for consideration and decision.

4. Representatives of the Standing Body of the People's Council at the district level are invited to attend the Advisory Council meeting. Opinions expressed by representatives of the Standing Body of the People's Council at the district level are recorded in the minutes of the meeting as specified in Clause 3 of this Article and reported to the Chairman of the People's Committee at the district level.

Article 11. Transfer of files of subjects subject to placement in educational centers with signs of criminal offenses for prosecution

1. When examining the file of a subject to decide on the application of the measure of placement in an educational center, if it is found that the person's violations have signs of criminal offenses, the competent authority must immediately transfer the file to the competent criminal proceedings agency.

In cases where the competent criminal proceedings agency suspends the investigation or discontinues the case because the person's violations do not reach the level of criminal responsibility, the agency suspending the investigation or discontinuing the case must transfer the decision to suspend the investigation or discontinue the case along with the subject's file to the Chairman of the People's Committee at the district level for consideration and decision on applying the measure of placement in an educational center.

2. For cases where a decision has been made to apply the measure of placement in an educational center, if it is later discovered that the person's violations have signs of criminal offenses within the statute of limitations for criminal prosecution, the matter shall be handled as follows:

a) If the decision has not yet been implemented, the Chairman of the People's Committee at the district level revokes the decision to place in an educational center and within three days from the date of revoking the decision, must transfer the subject's file to the competent criminal proceedings agency.

If subsequently, this act of the subject is suspended from investigation, discontinued from the case, or declared by the Court as non-criminal, the criminal proceedings agency must return the file to the Chairman of the People's Committee at the district level for reconsideration and issuance of a decision to place the person in an educational center.

b) If the person is currently implementing the decision at the educational center, upon request of the competent criminal proceedings agency, the Principal of the educational center issues a decision to temporarily suspend the execution of the decision to apply the measure of placement in an educational center for that person, while transferring the file and the subject to the criminal proceedings agency.

If subsequently, the subject is sentenced to imprisonment by the Court, the period of implementation of the measure of placement in an educational center will be counted towards the period of serving the custodial sentence. Two days of implementation of the measure of placement in an educational center are equivalent to one day of serving the custodial sentence. The Principal of the educational center must issue a decision to revoke the temporary suspension decision on the application of the measure of placement in an educational center issued by themselves and notify the Chairman of the People's Committee at the district level where the decision was made to place them in an educational center to revoke that decision.

If this act is suspended from investigation, discontinued from the case, or declared by the Court as non-criminal, the criminal proceedings agency must return the subject to the educational center to continue implementing the decision to place in an educational center. Upon receiving the subject back at the educational center, the Principal of the educational center must issue a decision to revoke the temporary suspension decision on the application of the measure of placement in an educational center issued by themselves for that subject.

Article 12. Criminal Prosecution of Offenses Committed Before or During the Period of Implementation of the Measure of Placement in an Educational Center

In cases where it is discovered that a person who has already received a decision to be placed in an educational center has committed an offense before or during the period of implementation of the decision, the matter shall be handled as follows:

If the decision has not yet been implemented, upon request of the competent criminal proceedings agency, the Chairman of the People's Committee at the district level issues a decision to temporarily suspend the implementation of the decision to place in an educational center for the subject and within three days from the date of issuing the temporary suspension decision, must transfer the subject's file to the competent criminal proceedings agency.

If the subject is currently implementing the decision at the educational center, upon request of the competent criminal proceedings agency, the Principal of the educational center issues a decision to temporarily suspend the implementation of the decision for that person, while transferring the file and the subject to the criminal proceedings agency and notifying the Chairman of the People's Committee at the district level where the decision was made to place them in an educational center.

If subsequently, the subject is sentenced to imprisonment by the Court, they will be exempted from implementing the remaining time in the decision to apply the measure of placement in an educational center.

If the applied punishment is not imprisonment, the person may still need to continue implementing the decision to place in an educational center.

Article 13. Decision on Admission to Educational Care Institution

1. Within five days from the date of receiving the report of the Advisory Board, the Chairman of the People's Committee at the district level shall consider and decide on the admission to the educational care institution.

2. The decision on admission to the educational care institution takes effect from the date of signing and must be immediately sent to the person admitted to the educational care institution, their parents or guardians, the police authority at the district level, the People's Council at the district level, and the People's Committee at the commune where the person resides.

Article 14. Content of the Decision on Admission to Educational Care Institution

The decision on admission to the educational care institution must clearly state the date, month, and year of issuance; the name, position, and title of the issuer; the name, date of birth, place of residence of the person admitted to the educational care institution; the violation of the law committed by that person and the relevant provisions of the legal document applied; the period for compliance with the decision; the location for enforcement of the decision according to the guidance of the Ministry of Public Security; the right to appeal or initiate litigation against the decision on admission to the educational care institution as stipulated by law; the responsibility of the police authority at the district level to organize the enforcement of the decision and the responsibility of the person admitted to the educational care institution to comply with the decision of the Chairman of the People's Committee at the district level.

Article 15. Enforcement of the Decision on Admission to Educational Care Institution

1. Within five days from the date of issuance of the decision, the police authority at the district level shall be responsible for coordinating with the family or guardian to bring the person required to comply with the decision to the educational care institution.

2. Upon receipt of the decision on admission to the educational care institution, the Chairman of the People's Committee at the commune where the subject resides shall be responsible for directing the police authority at the same level to develop plans for managing and supervising the person admitted to the educational care institution, while coordinating with the police authority at the district level in organizing the enforcement of the decision.

In cases where necessary time is required to complete the necessary procedures before admitting the person with the decision to the educational care institution, the Chief of Police at the district level shall issue a decision to manage them at the police authority at the district level for a period not exceeding five days to complete the necessary procedures and organize their transfer to the educational care institution according to the guidance of the Ministry of Public Security. The time spent managing the person at the police authority at the district level shall be counted towards the period of compliance with the decision at the educational care institution.

The living and dining conditions of the person who has been decided to be admitted to the educational care institution during the time they are managed at the police authority at the district level shall be equivalent to those of students in the educational care institution.

The police authority at the district level must arrange a separate area for managing the person who has been decided to be admitted to the educational care institution during the time they are managed at the police authority at the district level.

3. The period for compliance with the decision on admission to the educational care institution shall be calculated from the date the person required to comply with the decision is transferred to the educational care institution.

Article 16. Forced Enforcement of the Decision

If the person required to comply with the decision on admission to the educational care institution does not voluntarily comply with the decision or resists it, the police authority at the district level shall apply necessary preventive and coercive measures according to the law and the guidance of the Ministry of Public Security to compel them to comply. In cases where the resistance constitutes criminal behavior, they will be held criminally responsible for obstructing public officials in the performance of their duties under the Criminal Code.

Article 17. Time limit for enforcement of decisions to place individuals in educational centers

The decision to place an individual in an educational center becomes time-barred for enforcement one year from the date of issuance. In cases where the person subject to the measure of placement in an educational center deliberately evades enforcement, the evasion period shall not be counted, and the aforementioned time limit shall be recalculated from the date the person surrenders or is apprehended.

Article 18. Documents and procedures accompanying the placement of individuals with decisions to enter educational centers

1. When placing an individual in an educational center, there must be accompanying documents. The documents include:

- Decision to place in an educational center;

- Summary of personal history and acts violating the law of the person subject to the measure of placement in an educational center;

- Identification card of the person subject to the measure of placement in an educational center;

- Copy of the decision on community-based education (if such measure has been applied);

- Other documents related to the personal background of the person subject to the measure of placement in an educational center (if any).

2. When transferring and receiving individuals with decisions to enter educational centers, a transfer receipt must be established. The educational center must compare and check the transferred individual against the documents and establish a transfer receipt detailing the documents included in the file, the current health status of the transferred individual; personal belongings and other issues related to the transfer of the individual.

3. Individuals currently implementing the decision to place in an educational center at the educational center are referred to as students.

Article 19. Pursuit of individuals with decisions to enter educational centers who have fled

1. In cases where an individual with a decision to enter an educational center flees before being placed in the educational center, the Head of the Police Department of the district where the individual resides shall issue a decision to pursue the individual. For individuals without a fixed residence, the Head of the Police Department of the district where the file was established shall issue a decision to pursue.

2. In cases where an individual currently serving at an educational center flees, the Principal of the educational center shall issue a decision to pursue the individual. The time spent fleeing from the educational center shall not be counted towards the enforcement period of the decision.

3. The Public Security agency of the district or the educational center that issued the pursuit decision shall be responsible for organizing the pursuit and arrest of the fugitive. When arresting and the fugitive resists, necessary coercive measures may be applied according to the provisions of the law and guidelines of the Ministry of Public Security to compel the fugitive to comply.

4. People's Committees and Public Security agencies at all levels shall cooperate and assist the agencies mentioned in Clause 3 of this Article in the pursuit and arrest of fugitives.

Upon discovering a fugitive with a pursuit decision, everyone has the responsibility to immediately report to the nearest Public Security agency, People's Committee or to arrest and escort the fugitive to these agencies.

5. Upon capturing a fugitive or receiving a handover of the fugitive, the Public Security agency must establish a record, take statements from them, and simultaneously notify the agency that issued the pursuit decision so they can come to receive the fugitive. If necessary, the authorized person temporarily detains the individual according to the administrative detention procedure stipulated in Article 45 of the Ordinance on Handling Administrative Violations and transfers them to the administrative detention facility of the Public Security agency. Strictly prohibited is the temporary detention of the fugitive in criminal holding cells or places that do not ensure hygiene and safety for those detained.

Upon receiving the notification, the agency that issued the pursuit decision must send someone immediately to the location where the fugitive is being held temporarily to receive and transfer them to the educational center. The handover of the fugitive must be recorded in accordance with the provisions of the law.

6. For individuals with decisions to enter educational centers but who have not yet implemented or are currently implementing the decision at an educational center and flee, if upon recapture they are 18 years old or older, the Head of the Police Department of the district shall propose the Chairman of the People's Committee of the district to revoke the decision to place in an educational center and establish a file to request placement in an educational institution according to the prescribed procedures and formalities for placement in an educational institution; and inform the educational center with fleeing students.

Article 20. Suspension or Exemption from Execution of Decisions to Place in a Rehabilitation School

1. A person who has been decided to be placed in a rehabilitation school but has not yet been sent to such a school may have the execution of the decision suspended in the following cases:

a) Being seriously ill with certification from a hospital or health center at district level or higher;

A person being seriously ill is in a state of severe illness to the extent that they are unable to work, study, or live normally, or are in a life-threatening condition and must be treated for a certain period of time before recovery, according to the prescription of a medical officer or doctor.

b) The family is experiencing special difficulties with a request letter confirmed by the Chairman of the People's Committee of the commune where the person resides.

Special difficulties for families subject to placement in a rehabilitation school include situations where the family suffers from natural disasters; major fires; has a close relative seriously ill or suffering from a critical illness, leaving no one else to maintain the family's livelihood; recovering from the aftermath of natural disasters or fires; or caring for the sick.

When the conditions for suspending the execution of the decision no longer exist, the decision shall continue to be enforced; if during the suspension period, the person shows significant progress in complying with the law or performing meritorious acts, they may be exempted from executing the decision.

2. A person who has been decided to be placed in a rehabilitation school but has not yet been sent to such a school may be exempted from executing the decision in the following cases:

a) Suffering from a critical illness with certification from a hospital or health center at district level or higher;

A person suffering from a critical illness is one who is suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS, or other diseases recognized by the Ministry of Health as critical illnesses.

b) Pregnant, with certification from a hospital or health center at district level or higher, or a woman under 36 months old nursing a child with a request letter to be exempted from the decision to place in a rehabilitation school submitted to the Chairman of the People's Committee of the district, with confirmation from the Chairman of the People's Committee of the commune where she resides.

In the case of a woman under 36 months old nursing a child without a fixed residence, who submits a request for exemption to the Chairman of the People's Committee of the district but does not have confirmation from the People's Committee of the commune where she resides, the Chairman of the People's Committee of the district shall assign the police agency to investigate and consider each specific case.

3. The Chairman of the People's Committee of the district shall examine and decide on the suspension or exemption from execution based on the request letter of the person required to execute the decision to place in a rehabilitation school. If necessary, in cases stipulated in Clause 1 and Clause 2 of this Article, which require verification and clarification, the Chairman of the People's Committee of the district shall instruct the Head of the Police Agency at the same level to review before deciding on the suspension or exemption from execution of the decision to place in a rehabilitation school. Within five days from the date of receipt of the request letter for suspension or exemption from the person required to execute the decision to place in a rehabilitation school, the Chairman of the People's Committee of the district must decide on the suspension or exemption from execution of the decision.

The decision to suspend or exempt from execution must be sent to the person whose execution is suspended or exempted, the police agency at the district level, and the People's Committee of the commune where the file for placing the individual in a rehabilitation school was established.

Chapter III

ORGANIZATION AND MANAGEMENT OF REHABILITATION SCHOOLS

Article 21. Organization and administrative structure of educational correctional schools

1. The organization and administrative structure of educational correctional schools include the Principal, Deputy Principals, specialized staff managing, educating, teaching culture, vocational guidance, vocational training, labor organization, medical staff, specialized departments, technical, logistical units, and security police forces.

2. The Minister of Public Security shall stipulate the appointment and removal of Principals and Deputy Principals of educational correctional schools; and shall stipulate the organizational structure, administrative apparatus, and staffing of educational correctional schools.

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

If the number of students exceeds the capacity of the school or for legitimate reasons necessitating the transfer of students from one educational correctional school to another, the Director of the Prison Management Bureau, Educational Institution Management Bureau, and Educational Correctional School Management Bureau shall issue a decision on the transfer in accordance with the regulations of the Ministry of Public Security. The transfer decision must be sent to the People's Committee of the district where the decision was made to admit the student into the educational correctional school, the People's Committee of the commune where the student resides, and the parents or guardians of the student.

Article 22. Principal and Deputy Principals of Educational Correctional Schools

1. The Principal of an educational correctional school is the head of the school and is responsible for all activities of the school. The Principal of an educational correctional school performs tasks and has powers as prescribed by law.

2. The Deputy Principal of an educational correctional school assists the Principal in performing assigned tasks and is accountable to the Principal and the law for the work area assigned.

Article 23. Criteria for Appointment of Principals and Deputy Principals of Educational Correctional Schools

The Principal and Deputy Principal of an educational correctional school must be graduates of one of the following institutions: Academy of Public Security, Academy of Police, University of Law, University of Social Sciences and Humanities, or Pedagogical University; have management and education experience for students; possess good political qualities; have a sense of organizational discipline; understand professional knowledge, skills, and laws. For those who are graduates of the University of Law, University of Social Sciences and Humanities, or Pedagogical University, within one year from the date of appointment, they must undergo training in security or police affairs.

Article 24. Criteria for Staff and Employees of Educational Correctional Schools

1. Specialized staff engaged in management, education, cultural teaching, vocational guidance, vocational training, labor organization, medical staff, specialized departments, technical, logistical units, and security police forces must possess good political qualities; have a sense of organizational discipline; understand professional knowledge, skills, and laws.

2. Staff engaged in management, education, cultural teaching, vocational guidance, vocational training, and commanding security police forces must be graduates of the Secondary School of Public Security, Secondary School of Police, or equivalent or higher.

3. Officers and soldiers of the security police force engaged in student management, escorting, and protection must be trained in their respective professional fields as prescribed by the Ministry of Public Security.

4. Teachers at educational correctional schools enjoy preferential treatment, allowances, and titles awarded to educators according to national regulations.

 

Chapter IV

MANAGEMENT, EDUCATION, EATING, CLOTHING, HOUSING, STUDYING,

WORKING, SOCIAL LIFE, DISEASE PREVENTION, TREATMENT

AND OTHER REGULATIONS FOR STUDENTS

 

Article 25. Management System for Students

1. Students at educational correctional schools must study, work, and live under the management and supervision of the school.

2. Based on the scale of each class, the duration of education, personal characteristics, nature and degree of violation, health status, gender, age, and academic level of each student, the Principal of the educational correctional school shall arrange them into teams and classes in accordance with the requirements of management and education.

Each team and class must have a staff member directly responsible.

3. Students leaving the educational correctional school must obtain permission from the School Management Board and be managed and guided by a teacher from the school.

Article 26. Temporary Removal of Students from Educational Correctional Schools at the Request of Criminal Investigation Authorities

1. When there is a request to remove students from the educational correctional school, the Head of the criminal investigation authority with jurisdiction must send a letter to the Principal of the educational correctional school, clearly stating the student's full name, date of birth, place of residence, reasons, and the temporary period for removing the student from the educational correctional school. Based on the request letter from the criminal investigation authority, the Principal of the educational correctional school shall issue a decision to temporarily remove the student from the educational correctional school to participate in litigation related to the student. The decision to temporarily remove the student from the educational correctional school must clearly state the student's full name, date of birth, place of residence, the requesting authority, the purpose, and the temporary period for removing the student from the educational correctional school; the full name and position of the person signing the decision to temporarily remove the student from the educational correctional school.

2. The authority requesting the removal of students from the educational correctional school is responsible for transporting the students according to the temporary removal period specified in the decision or when the need no longer exists. Upon handover and receipt of students, a handover and receipt record must be established in accordance with the provisions of the law.

3. The temporary removal period of students from the educational correctional school is counted towards the execution period at the educational correctional school. One day of temporary removal from the educational correctional school is equivalent to two days of execution at the educational correctional school.

Article 27. Food Standards for Students

1. The monthly food standard for each student is as follows:

- Rice: 17 kg;

- Meat: 0.7 kg;

- Fish: 0.7 kg;

- Sugar: 0.5 kg;

- Fish sauce: 1 liter;

- Monosodium glutamate: 0.1 kg;

- Salt: 0.5 kg;

- Green vegetables: 15 kg;

- Equivalent fuel: 15 kg of coal.

2. On public holidays and New Year's Day, students may have additional meals up to three times the daily standard; during the Lunar New Year, students may have additional meals up to five times the daily standard. These food standards are calculated based on the market prices of each locality.

3. Special dietary arrangements for sick students as prescribed by a physician or doctor.

4. The water source for consumption and daily activities of students must comply with the clean water standards set by the health sector. The educational correctional school must ensure the minimum food standards for students in accordance with the law and guarantee food hygiene and safety.

Article 28. Clothing and Personal Items for Students

1. Annually, each student receives two sets of long pants, two sets of undergarments, one uniform set, two towels, two pairs of plastic sandals, two toothbrushes, one plastic raincoat, and one hard hat. For students in northern educational correctional schools, each student additionally receives one warm jacket, two pairs of socks, and one woolen hat annually. Quarterly, each student receives one tube of regular toothpaste, one kilogram of soap, and one bottle of regular shampoo.

2. For southern educational correctional schools, each student receives one blanket. For northern educational correctional schools, each student receives one quilt weighing two kilograms with a cover. Blankets, quilts, and blankets are issued once every two years. Annually, each student receives two mats.

3. Students may bring into the educational correctional school essential personal items as stipulated by the Ministry of Public Security.

4. Female students are provided with an additional amount of money equivalent to two kilograms of rice based on the market price of each locality each month to purchase necessary personal hygiene items.

Article 29. Accommodation for Students

1. Students shall be accommodated in collective dormitories by class, team, or group in accordance with the requirements of management and education for each type of student. At night, students sleep in collectively locked rooms and there must be staff on duty in the living areas.

2. The accommodation must ensure ventilation during summer and wind protection during winter, and maintain environmental hygiene.

Students shall be provided with beds or floors to lie on. For northern educational correctional schools, if the lying area for students is a cement floor covered with ceramic tiles, then during winter, wooden boards must be placed over the floor surface. The minimum lying area for each student is 2.5m².² The accommodation areas for male and female students must be separate.

Article 30. Study System for Students

1. Students at educational correctional schools shall study cultural subjects according to the curriculum of the Ministry of Education and Training. Cultural studies for students who have not yet completed compulsory education are mandatory. For other students, the organization of study will depend on their ability and the actual conditions of the school.

In addition to cultural studies, students must also study the civic education program, vocational guidance, vocational training, and other educational programs prescribed by the Ministry of Public Security. The monthly budget for vocational teaching and learning for each student is equivalent to 5 kilograms of rice based on the market price in each locality.

2. The monthly budget for purchasing books, notebooks, and study materials for each student is equivalent to 5 kilograms of rice based on the market price in each locality.

3. Educational correctional schools are responsible for organizing mid-term exams, year-end exams, grade transitions, selecting excellent students, entering specialized classes, and issuing certificates or diplomas corresponding to the curriculum for students in accordance with the regulations of the Ministry of Education and Training.

4. Grade books, academic records, files, and related forms for teaching and learning at educational correctional schools must follow the unified model of the Ministry of Education and Training and the Ministry of Public Security.

5. Certificates and diplomas for cultural and vocational studies in educational correctional schools have the same value as those from general schools.

Article 31. Labor System for Students

1. During the time of implementing decisions at educational correctional schools outside of study hours, students must participate in labor organized by the school. Educational correctional schools are responsible for arranging work suitable for age groups from 12 to under 15 years old and from 15 to under 18 years old, and the health condition of students to ensure normal physical, intellectual, and personality development.

2. It is strictly prohibited to use students for heavy, dangerous, or toxic work, or work that negatively affects the personality of students as listed by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health.

3. The total working and studying hours for students shall not exceed seven hours per day. Vocational training hours are counted as part of working hours. Working hours shall not exceed study hours. Educational correctional schools may only use students for overtime or night work in cases of real necessity as stipulated by labor laws and guidelines of the Ministry of Public Security. Students are entitled to rest on Saturdays, Sundays, holidays, and Tet according to the law.

In addition to the general rest periods, students are entitled to rest when sick as directed by medical personnel; when meeting relatives during working or studying hours, permission from authorized staff of the educational correctional school is required. Female students during menstruation are entitled to rest for 30 minutes daily during working hours.

4. For work requiring labor protection as prescribed by law, educational correctional schools are responsible for providing appropriate protective clothing and equipment in accordance with job requirements. If students work at night, they shall be compensated as prescribed by law. In case of accidents, the educational correctional school must promptly organize rescue and handle necessary procedures to provide benefits as prescribed by law.

Article 32. Management and Use of Labor Results of Educational Reform Schools

1. The labor results produced by students and staff of educational reform schools shall be uniformly managed and utilized by the school in accordance with the provisions of the law.

2. After deducting reasonable expenses, the labor results of the educational reform school shall be used to support students' study, meals, living expenses, medical examinations, and treatment; to reward students who excel in their studies, work, and character development; to reward staff and teachers who have outstanding achievements in organizing production management; to supplement the welfare fund of the educational reform school; to invest in expanding production and vocational training; to purchase labor protection equipment; and to support the repair of the school's infrastructure, in accordance with the guidelines of the Ministry of Public Security.

Article 33. Living Conditions of Students

Outside of cultural studies, vocational training, and labor hours, the educational reform school must organize cultural, artistic, physical education, sports, reading, watching television, and other recreational activities for students.

Article 34. Medical Examination and Treatment System for Students and Suspension or Exemption from Remaining Time at the Educational Reform School

1. The educational reform school must regularly organize health check-ups for all students and continuously implement preventive measures against diseases; implement measures to prevent and control the spread of HIV/AIDS and infectious diseases among students. The monthly cost of medical examination and treatment for each student shall be equivalent to 3 kilograms of rice based on the market price in each locality.

2. Students who fall ill shall be treated at the school's healthcare facility. In cases where a student's illness exceeds the treatment capacity of the school's healthcare facility, they shall be transferred to a hospital for treatment. If the family requests to bring the student home for treatment with a written guarantee, the Director of the educational reform school must report and request the Director of the Prison Administration Department, Educational Institution Management Department, and Educational Reform School to issue a decision suspending the execution of the decision at the educational reform school.

Within five days from receiving the Director's proposal, the Director of the Prison Administration Department, Educational Institution Management Department, and Educational Reform School shall be responsible for reviewing and issuing a decision suspending the execution of the decision at the educational reform school.

In cases where students are temporarily suspended to be taken home for treatment, the family must cover all medical examination and treatment costs for the student.

3. For students with severe illnesses requiring long-term hospitalization, within seven days from the date of admission to the hospital, the Director of the educational reform school must report to the Director of the Prison Administration Department, Educational Institution Management Department, and Educational Reform School. The medical examination and treatment costs for the student shall be covered by the state budget. The educational reform school shall directly settle the hospital fees for the hospital where the student is admitted for treatment. During the student's hospitalization period, the educational reform school shall be responsible for caring for the student, coordinating with the family if the student has one; the school shall strictly manage the student to prevent them from escaping or violating the law.

The time spent by students undergoing treatment as stipulated in Clause 2 and Clause 3 of this Article shall be counted towards the execution period of the decision. One day of treatment is equivalent to one day of executing the decision. If, after recovery, more than six months remain in the execution period, the student must continue to execute the decision at the educational reform school. If the remaining time is less than six months, the Director of the educational reform school shall report and request the Director of the Prison Administration Department, Educational Institution Management Department, and Educational Reform School to consider and issue a decision exempting the student from the remaining time.

4. In cases where students suffer from serious illnesses or pregnant women, they shall be exempted from the remaining time. Within five days from receiving the exemption request from the Director of the educational reform school, the Director of the Prison Administration Department, Educational Institution Management Department, and Educational Reform School shall be responsible for reviewing and issuing a decision exempting the student from the remaining time.

5. Decisions on suspension or exemption from the remaining time as stipulated in Clause 2 and Clause 4 of this Article shall be sent to the Chairman of the People's Committee of the district that issued the decision to send the student to the educational reform school, the People's Committee of the commune where the file was established, and the student who is suspended or exempted from the remaining time.

Article 35. Handling cases where students die

1. In cases where students die at a reformatory school, the Principal of the reformatory school must immediately report to the investigation agency, the People's Procuracy, and the nearest health authority to prepare a record determining the cause of death, with students from the reformatory school serving as witnesses, while simultaneously informing the relatives of the deceased student and notifying the People's Committee of the district that issued the decision to send the person to the reformatory school, and the People's Committee of the commune where the file requesting the person to be sent to the reformatory school was established.

2. Within twenty-four hours from completing the procedures stipulated in Clause 1 of this Article, the Principal of the reformatory school is responsible for organizing the burial of the body, sending a death notice to the relatives of the deceased student and the People's Committee of the commune where the student resides. The burial expenses shall be covered by the state budget.

3. In cases where the relatives of the deceased person request to bring the body back for burial, the Principal of the reformatory school may decide to allow the relatives of the deceased person to bring the body back for burial. The request to bring the body back for burial must be confirmed by the People's Committee of the commune where the person resides and must commit to complying with all legal regulations on security, public order, and environmental hygiene.

Article 36. Visiting and meeting relatives; receiving and sending letters, money, and gifts

1. Students are allowed to meet their relatives at the reception area of the reformatory school and must comply with the provisions set forth in this Decree and the guidance of the Ministry of Public Security regarding visits.

2. Visitors to students must present their Identity Card and a visit request form confirmed by the People's Committee of the commune where they reside or their workplace. Overnight stays at the reformatory school require the consent of the Principal of the reformatory school.

3. Students are permitted to receive and send letters, receive money, and gifts (excluding alcohol, tobacco, stimulants, prohibited cultural products, and other items). The reformatory school is responsible for inspecting letters and gift packages before handing them over to the students. Specifically, money or valuable papers must be deposited with the school's safekeeping department and used according to the regulations of the Ministry of Public Security.

Article 37. Handling cases where students have family funerals or other urgent matters

When there is a family funeral or another urgent matter and the family or guardian has submitted a guarantor request form confirmed by the People's Committee of the commune, the Principal of the reformatory school may consider allowing the student to return home for no more than five days, excluding travel time. The time spent at home is counted towards the execution period of the decision.

Article 38. Reducing the term or exempting from remaining time at the reformatory school in cases where individuals show significant progress or perform meritorious acts

1. If a student has served half of the term specified in the decision and shows significant progress or performs a meritorious act, they may be considered for a reduction in the term of up to six months or exemption from the remaining time. Depending on the duration of the decision, achievements, degree of progress, and meritorious acts of each student, the reduction or exemption from the remaining time will be decided accordingly. If a student who has been granted a reduction subsequently performs a meritorious act, they may be considered for a second reduction or exemption from the remaining time.

2. Within five days from the date of receipt of the request for consideration of reduction or exemption from the Principal of the reformatory school, the Director of the Prison Management Bureau, educational facility, or reformatory school is responsible for reviewing and issuing a decision to reduce or exempt from the remaining time as stipulated in Clause 1 of this Article. These decisions are sent to the Chairman of the People's Committee of the district that issued the decision to send the person to the reformatory school, the People's Committee of the commune where the file was established, and the student who is being considered for reduction or exemption from the remaining time.

Article 39. Expiry of Execution of Measures for Placement in Educational Care Centers

1. At least fifteen days before the expiry of the execution of measures for placement in educational care centers, the Principal of the educational care center shall be responsible for notifying the Chairman of the People's Committee of the district where the decision was made, the People's Committee of the commune where the person resides, and the parents or guardians of the student about the date of the student's release from the center.

2. When the person placed in the educational care center has completed the execution of the decision, the Principal of the educational care center shall issue a Certificate to that person and send a copy of the Certificate to the Director of the Prison Management Bureau, educational facility management bureau, educational care center management bureau, the Chairman of the People's Committee of the district where the decision was made, the People's Committee of the commune where the person resides, and to the parents or guardians of that person.

In cases where the person has completed the execution of the decision but has not truly progressed, the Principal of the educational care center must prepare a separate assessment and recommend further management and education measures to be sent to the Chairman of the People's Committee of the commune where the person resides and the public security agency of the district where the file requesting placement in the educational care center was established.

3. For students under eighteen years old who have completed the measure of placement in the educational care center but whose parents, place of residence, or place of support are unknown, the educational care center shall be responsible for contacting the Chairman of the People's Committee of the district where the decision to place them in the educational care center was made so that the Chairman of the People's Committee of the district can find ways to assist with accommodation, food, employment, and appropriate education according to their age.

4. For those under sixteen years old who have completed the decision on placement in the educational care center and are sick or ill on the day of release without relatives to pick them up, the Principal of the educational care center shall be responsible for assigning staff to escort them back home or to the People's Committee of the district where the decision to place them in the educational care center was made. The relatives of the person who has completed the measure of placement in the educational care center or the Chairman of the People's Committee of the district where the decision to place them in the educational care center was made shall be responsible for receiving that person.

5. A person who has completed the measure of placement in the educational care center shall be entitled to reclaim money and items deposited at the center, academic certificates and vocational training certificates (if any); shall be provided with travel expenses, food allowance, and a set of regular clothing (if they do not have any), and must return quilts, blankets, mosquito nets, and other items and equipment used for study, work, and daily life that were lent by the educational care center, and if lost, must compensate for them.

6. Within five days from the date of returning to the locality, a person who has completed the decision on placement in the educational care center must report to the People's Committee of the commune and the public security agency of the same level where they reside.

 

Chapter V

PETITION, COMPLAINT, ADMINISTRATIVE LITIGATION,

REWARD AND VIOLATION HANDLING

Article 40. Complaints, Reports, Administrative Litigation

1. A person subject to measures for placement in educational care centers or their lawful representatives have the right to lodge complaints or initiate administrative litigation regarding the application of such measures.

2. Every citizen has the right to report illegal acts in the application of measures for placement in educational care centers.

3. The authority, procedures, and time limits for handling complaints, reports, or resolving administrative litigation shall be carried out in accordance with the provisions of the law on complaints and reports or in accordance with the provisions of the law on procedures for resolving administrative cases.

Article 41. Awards

1. Individuals and organizations that have achievements in organizing and implementing the application of measures to send individuals to educational centers shall be awarded according to the general system of the State.

2. Students at educational centers who have achievements in character development, study, labor, strictly complying with laws and internal regulations of the educational center or performing meritorious acts shall be awarded in the following forms:

- Praise;

- Visiting or exchanging with other educational centers organized by the educational center;

- Being given certificates of merit accompanied by monetary rewards or gifts;

- Receiving five days of leave to visit their families without counting travel time and a sum of money for food expenses and train or bus tickets to and from;

- Having their remaining time reduced or exempted from serving the rest of the time at the educational center.

Article 42. Handling Violations

1. Those authorized persons who carry out procedures for establishing and reviewing files to propose sending individuals to educational centers; decide on applying measures to send individuals to educational centers or those responsible for enforcing decisions to send individuals to educational centers, if they harass, tolerate, cover up, fail to handle, or handle improperly, inadequately, unobjectively, or violate legal provisions on the application of measures to send individuals to educational centers, shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

2. Individuals subjected to measures to send them to educational centers, if they commit acts of resisting public officials, delaying, evading enforcement, or committing other violations, may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

3. Students currently serving decisions at educational centers, if they violate the law, violate internal regulations of the educational center, shirk work and study, lack self-awareness in character development, resist public officials, escape from the educational center, or commit other violations, may be subject to administrative penalties, disciplinary actions, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law. The principal of the educational center shall examine and decide on disciplinary actions in the form of warnings or isolation in disciplinary rooms for five days.

Article 43. Retention of Decisions on Awards or Disciplinary Actions

Decisions on awards or disciplinary actions must be in writing, signed by the principal of the educational center, and kept in the student's file.

 

Chapter VI

RESPONSIBILITIES OF STATE AUTHORITIES IN ORGANIZING AND IMPLEMENTING MEASURES

TRONG VIỆC TỔ CHỨC THỰC HIỆN BIỆN PHÁP

TO SEND INTO EDUCATIONAL CENTERS

Article 44. Responsibilities of the Ministry of Public Security

1. Uniformly manage educational centers and organize guidance for public security units, localities, and educational centers nationwide to implement measures to send individuals to educational centers.

2. Issue guiding documents, internal regulations of educational centers, and necessary forms to organize the implementation of measures to send individuals to educational centers.

3. Regularly urge, inspect, and supervise the implementation of measures to send individuals to educational centers to ensure that these activities comply with legal provisions.

4. Coordinate with the Population, Family, and Children Committee, the Ministry of Finance, the Ministry of Health, the Ministry of Education and Training, the Ministry of Labor, Invalids, and Social Affairs, and other relevant ministries and agencies, provincial people's committees, state agencies, political-social organizations, economic organizations, and social organizations to effectively implement measures to send individuals to educational centers.

Article 45. Responsibilities of the Ministry of Finance

Provide funding to ensure the implementation of administrative measures for placement in educational correctional facilities according to the annual budget plan of the Ministry of Public Security that has been approved.

Article 46. Responsibilities of the Ministry of Health

Coordinate with the Ministry of Public Security to guide disease prevention and control, medical examinations, treatments, and regular health check-ups for students.

Article 47. Responsibilities of the Ministry of Education and Training

Coordinate with the Ministry of Public Security to develop educational programs for educational correctional facilities; direct provincial Departments of Education and Training to guide, inspect the quality of study, organize exams, and issue certificates or diplomas corresponding to the curriculum for students, and support textbooks and teacher training for educational correctional facilities; create conditions for students to continue their studies at their place of residence upon release.

Article 48. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

Coordinate with the Ministry of Public Security in developing vocational education programs, guiding the organization of career orientation, vocational training, providing equipment and learning tools for students in educational correctional facilities; introduce job opportunities for students after graduation.

Article 49. Responsibilities of the Population, Family and Children Committee

Coordinate with the Ministry of Public Security in directing and organizing the implementation of measures for placement in educational correctional facilities; pay attention to the spiritual life and provide material support for students, assist educational correctional facilities in properly implementing children's rights during their stay; help them stabilize their lives after release; simultaneously direct county-level Population, Family and Children Committees to coordinate with public security agencies to properly review applications for placement in educational correctional facilities.

Article 50. Responsibilities of the Provincial People's Committee

1. Allocate land for the construction of educational correctional facilities, provide material support, and create favorable conditions for educational correctional facilities located in their jurisdiction during the process of building infrastructure and operation;

2. Regularly guide and direct the People's Committees of counties and communes and related functional agencies in their jurisdiction to effectively implement measures for placement in educational correctional facilities;

3. Direct the People's Committees of counties under their management to promptly resolve complaints and reports regarding the application of measures for placement in educational correctional facilities in accordance with the provisions of the law;

4. Promptly and strictly handle disciplinary actions against individuals who violate regulations on the application of measures for placement in educational correctional facilities within their jurisdiction;

5. Report periodically or as required, respond to questions from members of the People's Council at the same level, and direct lower-level People's Committees to report periodically or as required, respond to questions from members of the People's Council at the same level about the implementation of measures for placement in educational correctional facilities;

6. Direct lower-level People's Committees to assist educational correctional facilities and develop policies to help individuals who have completed their sentences find employment, quickly stabilize their lives, and integrate into society.

Chapter VII

IMPLEMENTING PROVISIONS

Article 51. Effective Date

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

This Decree replaces Government Decree No. 33/CP dated April 14, 1997, concerning the issuance of the Regulations on Educational Correctional Facilities.

Article 52. Guidance on Implementation

The Ministers of the Ministries of Public Security, Finance, Health, Education and Training, Labor, Invalids and Social Affairs, and the Population, Family and Children Committee shall, within their respective functions and powers, provide detailed guidance for the implementation of this Decree.

Article 53. Implementation Responsibility

Ministers, Heads of ministerial-level agencies, Heads of agencies attached to the Government, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the central government are responsible for implementing this Decree. /./