Decree No. 163/2003/ND-CP detailing the implementation of educational measures at commune, ward, and town levels

DECREE

Regulations on the implementation of educational measures at commune, ward, town level

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 Regulation

This Decree specifies the subjects; procedures and formalities for applying educational measures at the commune, ward, town level (hereinafter referred to collectively as the commune level); the status of persons subject to educational measures at the commune level; responsibilities of agencies and organizations assigned to manage, educate, and assist persons subject to educational measures at the commune level, and other relevant provisions related to the application of educational measures at the commune level.

Article 2. Educational Measures at the Commune Level and Duration of Application

1. Educational measures at the commune level are administrative sanctions decided by the Chairman of the People's Committee at the commune level against individuals specified in Article 3 of this Decree to manage and educate them at their place of residence.

2. The duration of applying educational measures at the commune level is from three to six months.

Article 3. Subjects Subject to Educational Measures at the Commune Level

1. Educational measures at the commune level shall be applied to the following subjects with a specific place of residence:

a) Individuals aged from twelve to under sixteen years old who commit acts indicative of serious crimes under the Criminal Code due to intent;

b) Individuals aged twelve years and above who repeatedly commit petty theft, minor fraud, small gambling, and public disorder;

c) Drug addicts aged eighteen years and above;

d) Individuals engaged in regular prostitution aged fourteen years and above;

đ) Individuals who commit one of the following violations two or more times within one year but not reaching the threshold for criminal prosecution:

Assaulting the health, reputation, and dignity of citizens, foreigners;

Violating the property of organizations and individuals, both domestic and foreign;

Resisting public officials in the performance of their duties;

Exploiting freedom of democracy and freedom of belief to incite others to infringe upon the interests of the State, the rights and legitimate interests of organizations and individuals;

Organizing coercion, incitement, or enticement of others to flee abroad or remain illegally abroad.

e) Individuals who commit acts violating the law and fall within the scope of being placed in educational facilities, but are over fifty-five years old for women and over sixty years old for men.

2. Educational measures at the commune level shall not be applied to foreigners.

3. The age calculation point specified in points a, b, c, d, and đ of Clause 1 of this Article is the day the subject commits the violation; the age calculation point specified in point e of Clause 1 of this Article is the day the decision on educational measures at the commune level is signed; the legal basis for determining age is the birth certificate, if there is no birth certificate, then it must be based on the identity card or household registration book.

Article 4. Principles for Applying Educational Measures at the Commune Level

1. The application of educational measures at the commune level must be timely, accurate in terms of person, authority, procedure, and formalities as prescribed in the Administrative Offense Handling Ordinance and this Decree.

2. When deciding to apply educational measures at the commune level, the decision must be based on legal provisions, taking into account the nature and social danger of the violation, the background of the subject, and other relevant circumstances to determine the appropriate duration of the measure.

3. All acts that infringe upon the life, health, reputation, and dignity of individuals subject to educational measures at the commune level (hereinafter referred to collectively as the individual subject to education) or compel them to perform obligations not stipulated by law are strictly prohibited.

Article 5. Time Limit for Applying Educational Measures at Village Level

1. The time limit for applying educational measures at village level is six months from the date of committing the violation specified in Point a of Clause 1 of Article 3 of this Decree, or from the last date of committing the violations specified in Points b, c, d, and đ of Clause 1 of Article 3 of this Decree; the aforementioned time limit also applies to the case specified in Point e of Clause 1 of Article 3 of this Decree, from the last date of committing the violation specified in Article 25 of the Administrative Violation Handling Ordinance.

2. If the violator deliberately evades within the time limit prescribed in Clause 1 of this Article, the time limit shall be recalculated from the date when such evasion ends.

Article 6. Responsibilities for Managing and Educating the Person Subject to Education

1. The Chairman of the People's Committee at village level shall be responsible for directing, organizing, and implementing educational measures at village level, coordinating with relevant agencies, organizations, community units at the grassroots level, and families to manage and educate those subject to education to correct their mistakes and become useful members of society who comply with laws and community rules.

2. Relevant agencies, organizations, and community units at the grassroots level shall be responsible for coordinating with the People's Committee at village level in managing and educating the person subject to education.

3. The Public Security Police at village level shall be responsible for assisting the Chairman of the People's Committee at the same level in organizing and implementing educational measures at village level.

4. The family of the person subject to education shall be responsible for closely coordinating with the People's Committee at village level, the agency, or organization entrusted with managing and educating (hereinafter referred to as the organization entrusted with managing and educating) in managing and educating the person subject to education.

Article 7. Funding for Implementing Educational Measures at Village Level

1. The funding for implementing educational measures at village level shall be provided from the village-level budget and supported from funds for crime prevention; prostitution prevention; and drug prevention.

2. The People's Committee at village level may accept material sponsorship and assistance from state agencies, organizations, and individuals both domestically and internationally to use for implementing educational measures at village level in accordance with the provisions of the law.

3. The management and use of funding for implementing educational measures at village level must be in accordance with the purpose and comply with the provisions of the law.

Chapter II

PROCEDURES FOR APPLYING EDUCATIONAL MEASURES AT VILLAGE LEVEL

Article 8. Application of Educational Measures at Village Level

1. The Chairman of the People's Committee at village level shall decide on applying educational measures at village level for the subjects specified in Article 3 of this Decree either on his own initiative or upon the proposal of one of the following agencies or organizations:

a) Head of the Public Security Police at village level;

b) Chairman of the Vietnam Fatherland Front Committee at village level;

c) Representative of an agency or organization at the grassroots level or representative of a community unit at the grassroots level.

2. The Chairman of the People's Committee at village level may also decide to apply educational measures at village level based on the record of the violation of the law of the subject directly discovered, handled, and investigated by the Public Security Agency in cases of law violation, or the file of subjects sent to educational facilities but over 55 years old for women and over 60 years old for men transferred by the provincial or district Public Security Agency.

Article 9. Request for application of educational measures at commune level

1. The agencies and organizations shall request the application of educational measures at the commune level in writing in accordance with Article 8 of this Decree and send it to the Chairman of the People's Committee at the commune level.

The content of the request must clearly state the date, place; the name, address of the person making the request or the name of the representative of the agency or organization making the request; the name, date of birth, place of residence, personal background of the subject to be subjected to educational measures at the commune level; the reasons for the request and must have the signature of the person making the request or the representative of the agency or organization.

2. In cases where the provincial or district police agencies transfer files to the Chairman of the People's Committee at the commune level for consideration and decision on the application of educational measures at the commune level in accordance with Article 8 of this Decree, the Chairman of the People's Committee at the commune level must immediately transfer those files to the Head of the Police Station at the commune level. The Head of the Police Station at the commune level is responsible for studying the file, summarizing the file and the violations of the law by the person proposed to be subjected to educational measures at the commune level, the assistance and education measures that have been applied to that person in accordance with Article 10 of this Decree.

Article 10. Consideration of the application of educational measures at the commune level

1. Within ten days from the date of receipt of the request, the Chairman of the People's Committee at the commune level convenes and chairs a meeting including the Head of the Police Station, representatives of the Legal Affairs Board, the Vietnam Fatherland Front, representatives of the grassroots community unit, representatives of the family of the person proposed for education to consider the application of educational measures at the commune level.

Depending on the specific individual proposed to be subjected to educational measures at the commune level, the Chairman of the People's Committee at the commune level may invite representatives of schools, Youth Union, Women's Union, Farmers' Union, People's Inspectorate, Education Board, Population, Family and Children Board, grassroots mediation group to attend the meeting.

2. At the meeting, the representative of the agency or organization requesting the application of educational measures at the commune level presents the reasons, lists the violations of the law by the person proposed to be subjected to educational measures at the commune level, the assistance and education measures that have been applied to that person (if any). If necessary, the Chairman of the People's Committee at the commune level may require the person proposed to be subjected to educational measures to be present to express their views at the meeting. The participants in the meeting discuss the application of educational measures against the person proposed.

The content of the meeting must be recorded in the minutes.

In case of necessity, the Chairman of the People's Committee at the commune level may assign the Head of the Police Station at the commune level to verify and clarify the acts of violation of the law by the person proposed to be subjected to educational measures.

Article 11. Decision on educational measures at the commune level

1. Within three days from the date of conclusion of the meeting stipulated in Article 10 of this Decree, based on the meeting minutes, the Chairman of the People's Committee at the commune level considers and issues a decision on educational measures at the commune level. Depending on the specific individual, the Chairman of the People's Committee at the commune level decides to entrust the responsibility to the same-level police force, agency, organization, grassroots community unit, or family to manage and educate that person.

2. The decision on educational measures at the commune level takes effect from the date of signing.

3. The decision on educational measures at the commune level must be immediately sent to the person being educated, their family, the People's Council at the commune level, and related agencies and organizations.

Article 12. Content of the Education Decision at Commune Level

The Education Decision at the commune level must clearly state the date, month, year of issuance; the name, position of the issuer; the name, date of birth, place of residence of the person subject to education; the violation of laws committed by the person subject to education; the article, clause of the legal document applied, the period of application, the date of enforcement of the decision; the responsibility of agencies, organizations, families assigned to manage and educate; the right to appeal or initiate litigation against the Education Decision at the commune level in accordance with the provisions of the law.

Article 13. Enforcement of the Education Decision at the Commune Level

1. Within seven days from the date the decision becomes effective, the organization entrusted with managing and educating must organize a meeting in the residential community where the person subject to education resides to enforce the decision against them.

The person subject to education must read aloud their self-criticism report and commitment to correct their mistakes. Delegates attending the meeting analyze the mistakes made by the person subject to education and provide constructive opinions to help them improve.

Depending on the type of person subject to education, the organization entrusted with managing and educating may invite representatives of relevant agencies and organizations at the grassroots level such as: the Vietnam Fatherland Front, Police, Women's Union, Farmers' Association, Youth Union, residential community, family representatives, clan representatives, neighbors... to attend the meeting for criticism and self-criticism.

The content of the meeting must be recorded in the minutes.

2. The organization entrusted with managing and educating has the responsibility to assign someone directly to assist the person subject to education and report to the Chairman of the People's Committee at the commune level. The person assigned to assist must have plans and measures for management and education; help find employment or propose to the People's Committee at the commune level to create conditions and find employment for the person subject to education; help them write the self-criticism report and commitment to correct their mistakes; monitor the implementation of the Education Decision at the commune level by the person subject to education.

In case the person assigned to assist no longer has the conditions to provide assistance, then the organization entrusted with the responsibility of managing and educating must promptly reassign another person to take over and must report to the Chairman of the People's Committee at the commune level.

3. Once a month, the organization entrusted with managing and educating has the responsibility to report to the Chairman of the People's Committee at the commune level on the enforcement of the decision; if the person subject to education shows clear progress, then the organization entrusted with the responsibility of managing and educating must prepare a document proposing that the Chairman of the People's Committee at the commune level decide to exempt the remaining time of the Education Decision at the commune level according to the provisions of Article 17 of this Decree. In case the person subject to education does not show real progress, then the organization entrusted with managing and educating must organize a meeting in the residential community to continue criticizing the person subject to education and take appropriate measures to help, manage, and educate them. The composition and content of the meeting are regulated in Clause 1 of this Article.

Article 14. Transfer of Files of Individuals Showing Signs of Criminal Offenses for Criminal Liability Pursuit

1. When examining the file of an individual to decide on the application of educational measures at the commune level, if it is found that the violations of laws committed by that person have signs of criminal offenses, then the Chairman of the People's Committee at the commune level must prepare a document and immediately transfer the file to the competent criminal proceedings agency to handle according to the criminal procedure.

2. For cases where an Educational Decision at the commune level has already been issued, if later it is discovered that the violations of the person subject to education have signs of criminal offenses without exceeding the statute of limitations for criminal liability pursuit, then the Chairman of the People's Committee at the commune level must revoke that decision and within three days from the date of revoking the decision, transfer the file of the individual to the competent criminal proceedings agency.

3. In cases stipulated in Clause 1 and Clause 2 of this Article, if the criminal proceedings agency suspends investigation, discontinues the case, or the Court declares innocence, then the criminal proceedings agency must return the file of the individual to the Chairman of the People's Committee at the commune level for consideration and decision on applying educational measures at the commune level.

In cases stipulated in Clause 2 of this Article, if the individual is detained or arrested, the detention or arrest period will be counted towards the period of implementing the Educational Decision at the commune level. Three days of implementing the educational measure at the commune level are equivalent to one day of detention or arrest.

Article 15. Criminal Liability Pursuit for Criminal Acts Before or During the Implementation of the Educational Decision at the Commune Level

In cases where it is discovered that a person subject to an Educational Decision at the commune level has committed a criminal act before or during the implementation of the decision, upon request of the competent criminal proceedings agency, the Chairman of the People's Committee at the commune level must issue a decision temporarily suspending the implementation of the Educational Decision at the commune level for that person and within three days from the date of suspending the implementation, transfer the file of the individual to the competent criminal proceedings agency.

If subsequently, the criminal proceedings agency decides to suspend investigation, discontinue the case, or the Court declares innocence, then the criminal proceedings agency must return the file of the individual to the Chairman of the People's Committee at the commune level to continue implementing the Educational Decision at the commune level.

If the individual is sentenced to imprisonment or corrective labor without detention, they are exempted from implementing the remaining time in the Educational Decision at the commune level; if the applied punishment is not imprisonment or corrective labor without detention, they must continue to implement the Educational Decision at the commune level.

In cases where the criminal proceedings agency decides to suspend investigation, discontinue the case, the Court declares innocence, or the applied punishment is not imprisonment or corrective labor without detention, but the individual was detained or arrested, the detention or arrest period will be counted towards the period of implementing the Educational Decision at the commune level. Three days of implementing the educational measure at the commune level are equivalent to one day of detention or arrest.

Article 16. Time Limit for Enforcement of Community Education Decision

The community education decision shall expire six months from the date of issuance. In cases where the person subject to education deliberately avoids enforcement, the time limit mentioned above shall be recalculated from the date such avoidance ceases.

Article 17. Exemption from Execution of Remaining Period of Community Education Decision

1. If the person subject to education has made significant progress in complying with the law during half of the community education period, the Chairman of the People's Committee at the commune level may decide to exempt them from executing the remaining period of the community education decision.

A person showing significant progress is one who sincerely regrets their actions, actively participates in labor and study, and strictly complies with legal regulations.

2. The Chairman of the People's Committee at the commune level shall consider and decide in writing on the exemption from execution of the remaining period of the community education decision based on a written proposal from the organization entrusted with management and education responsibilities and the opinions of relevant agencies and organizations.

The proposal must clearly state the name, date of birth, occupation, duration of education, time already served under the decision, and observations regarding compliance with the decision by the person subject to education.

Article 18. Completion of Execution of Community Education Measures

Within two days from the date the person subject to education completes the execution of the decision, the Chairman of the People's Committee at the commune level must issue "Certificate of Completion of Community Education Decision Execution" to them, retain a copy in the file, and simultaneously inform the organization entrusted with management and education responsibilities and the family of the person subject to education.

Article 19. Establishment of Progress Monitoring File for Persons Subject to Education

1. The commune police have the responsibility to assist the Chairman of the People's Committee at the same level in collecting materials and establishing files to manage and monitor the progress of persons subject to education at the commune level.

2. The contents of the file include:

a) Curriculum vitae;

b) Document proposing the application of educational measures;

c) Minutes of meetings on the proposal to apply educational measures; verification report of the Head of the Commune Police as stipulated in Article 10 of this Decree (if applicable);

d) Decision of the Chairman of the People's Committee at the commune level on applying educational measures at the commune level;

đ) Minutes of meetings for review, monthly reports of the organization entrusted with management and education responsibilities;

e) Statement of the person subject to education (if available);

g) Self-criticism reports and commitments to correct violations by the person subject to education;

h) Certificate of completion of community education decision execution; decision exempting the person subject to education from the remaining period of the community education decision.

Chapter III

RIGHTS AND RESPONSIBILITIES OF PERSONS SUBJECT TO EDUCATION

Article 20. Responsibilities of Persons Subject to Education

1. Strictly comply with national laws, actively participate in labor and study, fulfill all civic duties, and abide by village, town, ward, hamlet, and residential area regulations.

2. Prepare self-criticism reports and commitments to report to the Chairman of the People's Committee at the commune level and strictly implement these commitments. These reports and commitments must include the opinion of the assigned helper. For persons aged twelve to sixteen years, the reports and commitments must also include the opinions of parents or guardians.

The person subject to education must personally deliver their self-criticism report and commitment to the organization entrusted with management and education responsibilities.

3. Monthly submit written reports to the directly assigned helper on their training, cultivation situation, results of correcting violations, and progress.

4. Be present when requested by the People's Committee at the commune level; if absent without a valid reason, the People's Committee at the commune level will summon them to the People's Committee office to make a self-criticism report on the violation.

Article 21. Rights of the person subject to education

During the period of implementing the decision on community-based education, the person subject to education shall have the following rights:

1. To work, study, and live at their place of residence.

2. To express their wishes and make suggestions to the organization entrusted with the responsibility of managing and educating them or to the local authorities.

3. To be absent from or change their place of residence in accordance with the provisions of Clauses 1, 2, 3, and Clause 4 of Article 22 of this Decree.

Article 22. Provisions on travel, changing place of residence, or restricting civil capacity of the person subject to education

1. During the period of implementing the decision on community-based education, the person subject to education may be absent from their place of residence for legitimate reasons, but each absence shall not exceed thirty days and the total time of absence shall not exceed one-third of the duration of the educational measure applied at the commune level, and must comply with the following regulations:

a) In cases where they are absent from their place of residence for up to ten days, they must report to the person assigned to assist them or the People's Committee of the commune.

b) In cases where they are absent from their place of residence for more than ten days up to thirty days, they must submit a request for permission stating the reason, duration, and destination, accompanied by the opinion of the person directly assigned to assist them (for individuals under sixteen years old but over twelve years old, the opinion of their parents or guardians must also be included), and obtain the agreement of the Chairman of the People's Committee or the Chief of Public Security of the commune where they reside.

2. The person subject to education has the responsibility to report to the Public Security of the commune where they temporarily reside. Upon completion of the permitted temporary stay period, they must have confirmation from the People's Committee or Public Security of the commune where they temporarily reside regarding the duration of the temporary stay and compliance with the law at the place of temporary residence.

3. The time during which the person subject to education is absent from their place of residence shall be counted towards the implementation period if they do not violate the law at the place of temporary residence; if there is a violation or absence without reporting or without the consent of the Chairman of the People's Committee or the Chief of Public Security of the commune, then the time of absence shall not be counted towards the implementation period.

4. In cases where they temporarily reside in another locality due to legitimate reasons such as changing the registered permanent residence address, attending school, or having stable employment, the person subject to education must submit a request and include the opinions of the organizations entrusted with management and education. Based on the request and confirmed opinions, the Chairman of the People's Committee of the commune where the person resides will consider and resolve. If the person subject to education changes their registered permanent residence address, the Chairman of the People's Committee of the commune will prepare a document requesting and send the entire file of the person subject to education to the Chairman of the People's Committee of the commune where they will reside for continued management and education; if the person subject to education attends school or has stable employment and temporarily resides in another locality, the Chairman of the People's Committee of the commune will prepare a document requesting the relevant agency or organization where they will work to continue managing and educating them.

5. In cases where the person subject to education is a drug addict or uses other stimulants leading to the dissipation of family assets, persons with related rights and interests or relevant agencies and organizations may request the Court to consider restricting their civil capacity, and subsequently notify the Chairman of the People's Committee of the commune.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS, PERSONS DIRECTLY ASSIGNED TO ASSIST AND FAMILY IN MANAGING AND EDUCATING THE PERSON SUBJECT TO EDUCATION

Article 23. Responsibilities of organizations entrusted with management and education

1. Assist and encourage the person under education in their life, help them find employment or propose to the People's Committee at the commune level to create conditions and help them find employment.

2. Assign personnel directly responsible for assisting the person under education.

3. The head of the organization entrusted with the responsibility of managing and educating must regularly exchange and discuss with the assigned personnel to understand the situation and progress of the person under education, promptly assist them in resolving difficulties encountered while implementing this measure.

4. Coordinate with other relevant agencies and organizations and the family of the person subject to education in managing, educating, and helping them become useful members of society.

For persons under education who are minors, the agencies and organizations entrusted with the responsibility of managing and educating must closely coordinate with their families, schools, Ho Chi Minh Communist Youth Union, or Ho Chi Minh Pioneer Team to implement appropriate educational forms such as club activities, cultural, artistic, labor, sports activities, and other healthy recreational activities.

5. Propose to the Chairman of the People's Committee at the commune level about suitable forms of assistance for the person under education such as vocational training, job placement, loaning capital, providing labor tools and equipment; creating favorable conditions for business and living; encouraging visits and慰问当受教育者生病或其家庭有婚丧喜庆事宜时。

6. Report monthly to the Chairman of the People's Committee at the commune level on the situation and results of assistance, management, and education for the person under education and their self-improvement.

7. In cases where the person under education shows clear progress, consider drafting a proposal to request the Chairman of the People's Committee at the commune level to consider exempting them from the remaining time of the community-level education decision.

Article 24. Responsibilities of the Head of Public Security at the Commune Level

1. Assist the Chairman of the People's Committee at the same level in establishing, managing files, and monitoring the progress of the person under education as stipulated in Article 19 of this Decree.

2. Assign police officers or public security officers to cooperate with the organization designated by the Chairman of the People's Committee to manage and educate the person under education.

3. Assist the Chairman of the People's Committee at the same level in monitoring the duration of compliance with the community-level education decision; the absence of the person under education.

4. Implement file management of the person under education according to the file management system of the Ministry of Public Security.

Article 25. Responsibilities of Personnel Directly Assigned to Help the Person Under Education

1. Regularly meet with the person under education to understand the reasons and circumstances leading to their violation of the law, their aspirations and guide them to correct mistakes.

2. Propose to the head of their own agency or organization to propose to the Chairman of the People's Committee at the commune level or relevant agencies and organizations to take specific measures to manage, educate, and assist the person under education.

3. Coordinate with village police officers; neighborhood group leaders; village, hamlet, ward, or village chiefs where the person under education resides to manage, educate, and assist them.

4. Timely inform the People's Committee at the commune level or the organization entrusted with the responsibility of managing and educating the person under education to take timely preventive and handling measures when the person under education violates the law.

5. Report to the head of the organization entrusted with the responsibility of managing and educating the person under education on the implementation of the community-level education decision.

Chapter V

PETITIONING, REPORTING, REWARDING AND HANDLING VIOLATIONS

Article 26. Complaints, Reports, Administrative Litigation

1. The person subject to education has the right to file a complaint or initiate administrative litigation regarding the application of educational measures at the commune level.

2. Every citizen has the right to report illegal acts in the implementation of educational measures at the commune level.

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

Article 27. Awards

Organizations and individuals who have outstanding achievements in implementing the regulations on education at the commune level shall be rewarded under the general reward system of the State.

Article 28. Handling Violations

1. Those with authority in deciding and enforcing educational measures at the commune level who tolerate, cover up, infringe upon the health, reputation, dignity of the person subject to education, or violate other regulations on education at the commune level shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if material damage is caused, compensation must be provided in accordance with the law.

2. During the period of enforcement of educational measures at the commune level, if the person subject to education continues to commit violations of the law, they will be subject to administrative penalties or criminal responsibility depending on the nature and severity of the violation.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette, replacing Government Decree No. 19/CP dated April 6, 1996, promulgating the Regulations on Education at the Commune Level for Law Violators.

Article 30. Guidance on Implementation

The Ministry of Public Security is responsible for guiding and supervising the implementation of this Decree; issuing standardized forms for consistent use when applying educational measures at the commune level.

Article 31. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.