Circular No. 19/2011/TT-BCA detailing the implementation of administrative measures for placement in educational correctional facilities

CIRCULAR

REGULATIONS ON THE IMPLEMENTATION OF ADMINISTRATIVE SANCTIONS OF PLACING IN EDUCATIONAL CORRECTIONAL SCHOOLS

Pursuant to the Administrative Violation Handling Ordinance 2002; the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008;
Pursuant to Decree No. 142/2003/NĐ-CP dated November 24, 2003 on the application of administrative sanctions of placing in educational correctional schools; Decree No. 66/2009/NĐ-CP dated August 1, 2009 on amending and supplementing certain articles of Decree No. 142/2003/NĐ-CP dated November 24, 2003; Decree No. 118/2010/NĐ-CP dated December 29, 2010 on amending and supplementing certain articles of decrees on the application of measures for placement in educational facilities and educational correctional schools;
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;
The Ministry of Public Security hereby provides detailed regulations on the implementation of certain contents regarding the application of administrative sanctions of placing in educational correctional schools as follows:

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide detailed provisions on the subjects, procedures, and formalities for applying administrative sanctions of placing in educational correctional schools (hereinafter referred to as placing in educational correctional schools); organization and management of educational correctional schools; treatment regimes for students in educational correctional schools and funding to ensure the application of administrative sanctions of placing in educational correctional schools.

Article 2. Applicability

This Circular applies to:

1. Persons subject to administrative sanctions of placing in educational correctional schools;

2. Educational correctional schools;

3. Public Security units and localities;

4. Organizations and individuals related to the application of administrative sanctions of placing in educational correctional schools.

Article 3. Persons subject to administrative sanctions of placing in educational correctional schools

1. Persons subject to administrative sanctions of placing in educational correctional schools are those who fall under the cases stipulated in points a, b, c, d, and point đ Clause 2 Article 2 of Decree No. 142/2003/NĐ-CP which has been amended and supplemented by Decree No. 66/2009/NĐ-CP (hereinafter referred to as Decree No. 142/2003/NĐ-CP); noting that:

a) Point c Clause 2 Article 2 means: A person from 14 years old to under 18 years old repeatedly commits one of the petty theft, small fraud, small gambling, disorderly conduct offenses, or reoffends one of these offenses, or commits two or more of these offenses within twelve months but does not reach the level of criminal prosecution and was previously subjected to community education at commune, ward, town level or has not been subjected to such measure but does not have a fixed residence.

b) Point d Clause 2 Article 2 means: A person from 12 years old to under 18 years old addicted to drugs, aggressive and violent, repeatedly commits one of the disorderly conduct offenses; being unruly, fighting; using force to assault others; resisting public officials; organizing illegal motorbike races or reoffends one of these offenses, or commits two or more of these offenses within twelve months but does not reach the level of criminal prosecution or has not reached the age of criminal responsibility.

c) Point đ Clause 2 Article 2 means: A person from 14 years old to under 18 years old currently serving a compulsory drug rehabilitation decision, during the detoxification and recovery phase, repeatedly commits one of the petty theft, small fraud, small gambling, using force against public officials, disorderly conduct offenses at the facility, or reoffends one of these offenses, or commits two or more of these offenses within twelve months but does not reach the level of criminal prosecution.

2. The following cases shall be considered as having no fixed residence:

a) Unable to determine the place of permanent registration or temporary registration of the person stipulated in Clause 1 of this Article and that person frequently wanders around without a fixed residence.

b) The person stipulated in Clause 1 of this Article has a place of permanent registration or temporary registration but does not frequently reside there and frequently wanders around without a fixed residence at the registered place of permanent or temporary residence.

3. In case the last violation is recorded in the administrative violation record but no administrative penalty decision is issued and a file is established to propose the application of administrative sanctions of placing in educational correctional schools; if, after review, it is found that the conditions for applying administrative sanctions of placing in educational correctional schools are not met, the file must be immediately transferred to the competent authority for issuing administrative penalty decisions to issue a decision on administrative penalties according to the law.

4. In case a person who has already had a decision to place in an educational correctional school or is currently serving a decision to place in an educational correctional school escapes and is recaptured when they are 18 years old or older, according to Clause 2 Article 52 of the Administrative Violation Handling Ordinance 2002, the Head of the Police Department of the district, city district, town, provincial city (hereinafter referred to as the District Police Department) where the file proposing placement in an educational correctional school was established shall prepare a document requesting the Chairman of the People's Committee at the same level to cancel the decision to place in an educational correctional school and establish a file proposing placement in an educational facility according to the correct procedures and formalities for applying administrative sanctions of placing in an educational facility.

Article 4. Funding for the implementation of measures to place individuals in educational correctional facilities

1. The funding for the implementation of measures to place individuals in educational correctional facilities shall be allocated within the annual budget estimate of the Ministry of Public Security, including:

a) Funding for the establishment, review, and approval of files, organization of placing individuals into educational correctional facilities; tracing and apprehending individuals who have escaped; management, food, clothing, living activities, medical examination, and treatment for individuals during their period under the management of the police at the district level and for students in educational correctional facilities.

b) Funding for investment in construction of physical infrastructure, purchase of equipment, means, and organization of activities of educational correctional facilities; funding for study, vocational training, cultural, artistic, sports activities, and organization of drug rehabilitation for students in educational correctional facilities;

c) Funding for other related expenses concerning the implementation of measures to place individuals in educational correctional facilities.

2. The preparation of funding estimates for the implementation of measures to place individuals in educational correctional facilities shall be carried out as follows:

a) Police stations at commune, ward, town levels (hereinafter referred to as Police Stations at Commune Level) prepare funding estimates and submit them to the police at the district level; the police at the district level consolidate and report to the police at the provincial level. Based on the proposal from the police at the district level and relevant units, the police at the provincial level are responsible for preparing funding estimates for the implementation of measures to place individuals in educational correctional facilities in their locality and submit them to the Financial Department of the Ministry of Public Security.

b) Educational correctional facilities prepare funding estimates for the expenses mentioned in Clause 1 of this Article related to the implementation of measures to place individuals in educational correctional facilities, and report to the General Bureau of Criminal Investigation and Enforcement of Criminal Penalties and Legal Aid. The General Bureau of Criminal Investigation and Enforcement of Criminal Penalties and Legal Aid prepares overall funding estimates for educational correctional facilities and submits them to the Financial Department of the Ministry of Public Security.

c) The Financial Department prepares overall funding estimates for the implementation of measures to place individuals in educational correctional facilities based on the funding estimates of the police at the provincial level and the General Bureau of Criminal Investigation and Enforcement of Criminal Penalties and Legal Aid, and submits them for consideration and decision by the leadership of the Ministry of Public Security.

Chapter II
PROCEDURES FOR IMPLEMENTING MEASURES TO PLACE INDIVIDUALS IN EDUCATIONAL CORRECTIONAL FACILITIES

Article 5. Preparation of Files for Placement in Educational Correctional Facilities

1. The preparation of files for placement in educational correctional facilities must be carried out in accordance with the provisions of Article 9 of Decree No. 142/2003/ND-CP.

2. Police stations at the commune level are responsible for assisting the People's Committee at the same level in preparing files for the application of measures to place individuals in educational correctional facilities to be submitted to the Chairman of the People's Committee at the district level for consideration and decision.

Article 6. Responsibilities in Proposing Placement in Educational Correctional Facilities and Implementing Decisions on Placement

1. The Head of the Police Station at the commune level is responsible for:

a) Assisting the Chairman of the People's Committee at the same level in preparing files for proposing placement in educational correctional facilities in accordance with the provisions of the law;

b) Implementing according to the guidance and instructions of the police at the district level in the preparation of files and enforcement of decisions on placement in educational correctional facilities;

c) Organizing the arrest of individuals who have escaped after being decided to be placed in educational correctional facilities;

d) Managing and supervising individuals who are permitted to return home during their placement in educational correctional facilities as prescribed, individuals whose execution of the decision on placement in educational correctional facilities has been suspended or temporarily halted.

2. The Head of the Police Station at the district level is responsible for:

a) Guiding the police stations at the commune level in preparing files for proposing placement in educational correctional facilities;

b) Serving as the permanent member of the Advisory Council on Placement in Educational Correctional Facilities; in cases where they cannot attend meetings of the Council, they delegate a Deputy to attend the meeting as the permanent member of the Council; preparing reports of the Advisory Council on Placement in Educational Correctional Facilities to be submitted to the Chairman of the People's Committee at the same level;

c) Organizing, directing, guiding, and inspecting the implementation of measures to place individuals in educational correctional facilities; handling complaints and denunciations related to the preparation of files for proposing placement of individuals in educational correctional facilities within their authority;

d) Issuing decisions on tracing and organizing the arrest of individuals who have escaped from the execution of decisions on placement in educational correctional facilities within their authority.

3. The Head of the Social Order Crime Investigation Team is responsible for:

a) Chairing and coordinating with relevant units to assist the Head of the Police Station at the district level in reviewing and examining the files of individuals proposed for placement in educational correctional facilities;

b) At least seven working days before the meeting of the Advisory Council on Placement in Educational Correctional Facilities, sending copies of the documents to the members of the Council and representatives of the Standing People's Council at the district level. The documents include:

- A summary of the criminal record of the violator;

- A summary of the violation and documentation of any educational measures applied (if applicable);

- Opinions of organizations and documents proposing placement in educational correctional facilities by the Chairman of the People's Committee at the commune level.

c) Sending invitations to attend the meeting of the Advisory Council on Placement in Educational Correctional Facilities to the members of the Council and representatives of the Standing People's Council at the district level;

d) Assisting the Head of the Police Station at the district level in reviewing and verifying to propose the Chairman of the People's Committee at the district level about suspending or exempting from executing the decision on placement in educational correctional facilities; organizing the implementation of the decision of the Chairman of the People's Committee at the district level regarding the application of measures to place individuals in educational correctional facilities.

Article 7. Advisory Council on Placement in Educational Care Centers and Participants in Advisory Council Meetings

1. In accordance with Article 10 of Decree No. 142/2003/NĐ-CP, the composition of the Advisory Council on Placement in Educational Care Centers includes:

a) The Head of the Police Department at the district level serving as the Standing Member of the Council;

b) The Head of the Justice Department at the district level serving as a member of the Council;

c) The Head of the Labor, Invalids, and Social Affairs Department at the district level serving as a member of the Council.

2. The participants in meetings of the Advisory Council on Placement in Educational Care Centers include:

a) The members specified in Clause 1 of this Article, chaired by the Head of the Police Department at the district level;

b) A representative of the People's Council at the district level invited to attend the meeting but not participating in voting; if this representative does not attend, the meeting shall still proceed.

Article 8. Decision on Placement in Educational Care Centers

1. The Chairman of the People's Committee at the district level shall examine and issue a decision on placement in educational care centers within five working days from the date of receipt of the report from the Advisory Council.

2. The decision on placement in educational care centers takes effect from the date of signature and must be immediately sent to the person being placed in the center, their parents or guardians, the police department at the district level, the People's Council at the district level, and the People's Committee at the commune where the person resides or where the file requesting placement was submitted.

Article 9. Execution of the Decision on Placement in Educational Care Centers

1. Within five days from the date the Chairman of the People's Committee at the district level issues the decision on placement in educational care centers, the Criminal Investigation Police Team at the district level shall be responsible for organizing the execution of the decision. The execution of the decision must be recorded in a protocol; the protocol shall be made in two copies, one copy retained by the Criminal Investigation Police Team and one copy attached to the file for placing the person in the educational care center.

For cases where a decision on placement in educational care centers has been issued but the person has not yet been taken to execute the decision and there is a request to postpone or exempt from executing the decision, such requests must be accepted and reviewed immediately. If conditions are met according to Article 20 of Decree No. 142/2003/NĐ-CP and the guidance provided in this Circular, the Team Leader of the Criminal Investigation Police Team must prepare a document proposing the Head of the Police Department at the district level to report to the Chairman of the People's Committee at the same level to issue a decision to postpone or exempt from executing the decision for that person.

The period of execution of the decision on placement in educational care centers is calculated from the day the person subject to this measure is taken to execute the decision (including travel time and management time at the police department at the district level).

2. The handover and receipt of persons executing the decision on placement in educational care centers must be recorded in a protocol, which must clearly state the health condition of the person being handed over or received, accompanying documents and files, personal belongings carried along, and other relevant matters related to the handover and receipt. The handover and receipt protocol must be copied and sent to the General Bureau of Criminal Enforcement and Criminal Justice Support for management and monitoring.

3. Persons executing the decision on placement in educational care centers or persons arrested under a decision for search and capture, if they do not voluntarily comply or engage in resistance, may be handcuffed for escort or other necessary coercive measures may be applied according to the law to compel compliance. If the act of resistance constitutes a criminal offense, a file must be established to consider criminal responsibility according to the law.

Article 10. Management of persons without a fixed residence who exhibit signs of evasion, causing difficulties for the process of establishing files to be admitted to a reformatory and persons who must comply with decisions before being admitted to a reformatory at the County Police.

Clause 1. Management of persons without a fixed residence who exhibit signs of evasion, causing difficulties for the process of establishing files to be admitted to a reformatory.

Clause 2 of Article 9 of Decree No. 142/2003/ND-CP stipulates that during the file establishment period, if the person without a fixed residence engages in evasive behavior, causing difficulties for the process of establishing files to be admitted to a reformatory, the Head of the County Police shall issue a decision to manage them at the County Police for a period not exceeding fifteen days to establish the admission file. To avoid wrongful actions or incorrect management of the subject, the proposal, review, and decision to manage such subjects can only be implemented when the following conditions are met:

Point a. They must be persons without a fixed residence and meet the conditions for applying the measure of admission to a reformatory.

Point b. There must be evidence showing that they exhibit signs of evasion, causing difficulties for the process of establishing files to be admitted to a reformatory.

The management and treatment policies for managed persons must be carried out in accordance with the provisions of Clause 2 of Article 15 of Decree No. 142/2003/ND-CP and the guidance provided in Clauses 2, 3, 4, 5, and 6 of this Article.

Clause 2. Management of persons who have been decided to be admitted to a reformatory at the County Police.

According to the provisions of Clause 2 of Article 15 and Clause 5 of Article 19 of Decree No. 142/2003/ND-CP, the management of persons who have been decided to be admitted to a reformatory at the County Police to carry out necessary procedures before their admission to a reformatory can only be applied in the following cases:

Point a. Time is needed to prepare identification records, fingerprinting, photographing, and other necessary procedures before admission to a reformatory.

Point b. Persons arrested under a search warrant are transferred to the County Police for management while waiting for the responsible authority to come and take them to a reformatory.

Clause 3. The management decision for persons specified in Clause 1 and Clause 2 of this Article shall be signed by the Head of the County Police (or the Deputy Head of the County Police authorized); the decision must clearly state the number, date, month, and year of the decision; the name, position of the decision maker; the name, date of birth, occupation, place of residence of the managed person; reasons, article, clause of the applicable document; management period, agency responsible for enforcing the decision.

The Social Order Crime Investigation Team shall coordinate with the Commune Police, family, or guardian to transport persons who have been decided to be admitted to a reformatory to the location where they will be managed at the County Police.

Clause 4. The County Police has the responsibility to organize management and arrange appropriate locations for managing persons who have been decided to be admitted to a reformatory. In cases where the management location is arranged within the administrative detention area or within the criminal detention area, there must be a separate room for management, with a sign outside the door clearly stating "Management Room for Persons Admitted to a Reformatory." It is strictly prohibited to manage persons admitted to a reformatory in the same room with those temporarily detained or imprisoned under criminal procedure or to manage males and females together in the same room or in places that do not ensure hygiene and safety.

Clause 5. The living and dining conditions of persons who have been decided to be admitted to a reformatory during the management period at the County Police shall be equivalent to the living and dining conditions of students in a reformatory; the funding is provided from the state budget in the annual budget of the Ministry of Public Security.

Clause 6. In cases where persons who have been decided to be admitted to a reformatory die during the management period at the County Police, the head of the unit managing the person must immediately report to the Investigative Agency, the People's Procuratorate at the same level, and the nearest health agency to establish a record determining the cause of death and handle it according to the law; simultaneously, they must inform the deceased's relatives. Within twenty-four hours from completing the aforementioned procedures, if the deceased's relatives do not come to claim the body, the managing unit has the responsibility to organize the funeral. Funeral expenses are provided from the state budget.

Article 11. Pursuit and arrest of persons evading execution of decisions to send them to educational centers

1. The pursuit and arrest of persons who have been decided to be sent to educational centers but have fled must be carried out in accordance with the provisions of Article 19 of Decree No. 142/2003/NĐ-CP and the guidance provided in this Circular.

2. In cases where a person subject to a decision to be sent to an educational center flees before the decision is executed, the Head of the Police Department of the district (where the person resides or where the file was established) shall issue a decision for pursuit. If the Police Department of the district has received the subject to escort them to execute the decision and the subject flees during escort or while under management at the Police Department of the district, the Head of the Police Department of the district shall issue a decision for pursuit.

3. Depending on specific circumstances, the pursuit decision shall be sent to relevant police agencies and People's Committee offices in necessary locations to facilitate the pursuit and arrest of the subject.

Article 12. Suspension, exemption from execution of decisions; suspension of execution of decisions to send individuals to educational centers

1. A person who has been decided to be sent to an educational center but has not yet been sent there may have their execution of the decision suspended if they fall into one of the following situations:

a) Seriously ill, with certification from a hospital or health center at the district level or higher;

b) The family is experiencing extraordinary difficulties, with a request letter and confirmation from the Chairman of the People's Committee of the commune where the person resides.

According to point b, Clause 1, Article 20 of Decree No. 142/2003/NĐ-CP, "relatives" refers to close relatives such as paternal and maternal grandparents, parents, siblings, and those directly nurturing the individual living within the same household. If these relatives are seriously ill or suffer from incurable diseases and cannot take care of themselves, and apart from the person decided to be sent to an educational center, there is no one else in the family to care for the sick relative and maintain the family's livelihood, then the execution of the decision to send the person to an educational center can be suspended.

The suspension period is defined as follows: For cases of serious illness or extraordinary family difficulties, the person may be allowed to suspend execution of the decision until they recover or the family's extraordinary difficulties cease.

The Police Departments of the district and commune have the responsibility to assist the People's Committees at the same level in regularly inspecting and supervising persons whose execution of the decision has been suspended; when the conditions for suspension no longer exist, the Social Order Crime Investigation Unit shall be responsible for organizing the transfer of the person to the educational center.

2. A person who has been decided to be sent to an educational center but has not yet been sent there may be exempted from executing the decision if they fall into one of the following situations:

a) Suffering from a terminal illness, severely injured without the ability to recover, with certification from a hospital or health center at the district level or higher; or a person suffering from mental illness during the suspension period, with a conclusion from an authorized appraisal agency;

b) Pregnant women, with certification from a hospital or health center at the district level or higher, or women nursing children under 36 months old.

For persons currently having their execution of the decision to be sent to an educational center suspended, they may only be considered for exemption from executing the decision if the suspension period is at least half the duration specified in the decision to send them to an educational center.

3. In cases where a person subject to a decision to be sent to an educational center dies before the decision is executed, the Head of the Police Department of the district shall report to the Chairman of the People's Committee at the same level to issue a decision suspending the execution of that decision.

Chapter III
ORGANIZATION AND MANAGEMENT OF EDUCATIONAL CENTERS AND REGULATIONS FOR STUDENTS AT EDUCATIONAL CENTERS

Article 13. Establishment, organization, and management of educational correctional schools

1. The Minister of Public Security shall issue decisions on establishing, merging, dissolving, and uniformly managing educational correctional schools throughout the country.

2. Educational correctional schools shall be established based on regions. For provinces and centrally-administered cities that annually have 500 or more individuals to be sent to educational correctional schools, they may propose plans to the Minister of Public Security for consideration and decision-making regarding the establishment of educational correctional schools within those provinces or cities. The plan for establishing an educational correctional school proposed by the Chairman of the People's Committee of the province or centrally-administered city must clearly state the scale, location, construction costs, and other issues related to the establishment and operation of the educational correctional school.

3. For educational correctional schools with a scale exceeding 1000 students, if it is necessary to establish branch schools, the Principal of the educational correctional school must develop a specific proposal to report to the Director General of the Criminal Enforcement and Judicial Assistance Bureau for consideration and decision-making by the Minister of Public Security regarding the establishment. The content of the proposal must clearly state the scale, location, construction costs, and other issues related to the establishment of the educational correctional school and its branch schools.

Article 14. Temporarily removing students from educational correctional schools at the request of criminal prosecution agencies

1. The temporary removal of students from educational correctional schools shall be carried out upon written request from criminal prosecution agencies authorized under Article 26 of Decree No. 142/2003/NĐ-CP. The written request must clearly state the student’s name, date of birth, identification number (if available), place of residence, reasons, and duration of the temporary removal from the educational correctional school; the decision number for admission to the educational correctional school and the date, month, year, and person issuing the decision. If the request comes from the Prosecutor's Office or Court, there must also be a letter of recommendation from the corresponding police agency. Based on this recommendation, the Principal of the educational correctional school shall issue a decision for the temporary removal of the student and hand over the student to the police officer assigned to receive them. The receiving police officer must have a Police Officer Identity Card and an introduction letter from a police agency at the district level or higher. The handover and receipt of the student must be documented in a record.

2. Upon expiration of the period for temporarily removing students from educational correctional schools, the requesting agency shall be responsible for returning the student to the educational correctional school. In cases where an extension of the temporary removal is requested, the head of the authorized criminal prosecution agency must submit a letter requesting the Principal of the educational correctional school to extend the decision for the temporary removal of the student according to the prescribed format.

Article 15. Handling cases where students have family bereavement or other urgent situations

1. The handling of students' return home due to family bereavement or other urgent situations shall be implemented in accordance with Article 37 of Decree No. 142/2003/NĐ-CP and the guidance provided in this Circular.

2. Family bereavement of a student occurs when their grandfather, grandmother, maternal grandfather, maternal grandmother, father, mother, or direct caregiver, or full sibling dies.

Other urgent situations refer to cases where a student's family member is seriously ill or severely injured and unable to care for themselves, and apart from the student, there is no one else to provide care and assistance. In such cases, the Principal of the educational correctional school may allow the student to return home for up to five days, excluding travel time. If the five-day period has expired and the family member still cannot take care of themselves, the family or guardian must submit a written application confirmed by the People's Committee of the commune where the student resides to the Principal of the educational correctional school for consideration, and then submit a written request to the Director General of the Criminal Enforcement and Judicial Assistance Bureau to extend the student's stay until the family member can take care of themselves.

Article 16. Suspension of execution of decisions or exemption from remaining time at educational correctional facilities in cases where students are seriously ill, have critical illnesses, or are pregnant.

1. In cases where students are executing decisions at educational correctional facilities and become seriously ill, with certification from health centers or hospitals at district level or higher, and their families submit guarantee letters requesting to bring them back home for treatment, the Principal of the educational correctional facility must prepare a report (including the health center or hospital certification from district level or higher and the family's request letter) and propose to the Director General of the Criminal Enforcement and Judicial Assistance Bureau to consider and issue a decision to suspend the execution of the decision at the educational correctional facility.

2. For cases where students suffer from critical illnesses or female students are pregnant, they shall be exempted from the remaining time of execution. The Principal of the educational correctional facility shall establish an Exemption Review Board (with members similar to those of the Reduction or Exemption Review Board stipulated in Clause 2, Article 18 of this Circular) and prepare a file to propose exemption from the remaining time of execution for the student. The proposal file must include medical records or copies of medical records from health centers or hospitals at district level or higher sent to the Criminal Enforcement and Judicial Assistance Bureau for consideration and decision.

3. Within five working days from the date of receipt of the proposal file from the educational correctional facility, the Director General of the Criminal Enforcement and Judicial Assistance Bureau shall consider and decide on suspension of execution of the decision or exemption from the remaining time of execution for the cases specified in Clauses 1 and 2 of this Article.

4. Within five working days from the date of signing the suspension decision, or three days from the date of return to the locality, the person whose execution decision has been suspended or who has been exempted from the remaining time of execution must report to the People's Committee of the commune where they reside. If that person is seriously ill or suffers from a critical illness and cannot report themselves, their relatives must report to the Chairman of the People's Committee of the commune.

5. In cases where a student whose execution decision has been suspended to return home for treatment dies, the family must immediately inform the People's Committee of the commune and the educational correctional facility (along with a copy of the death certificate confirmed by the People's Committee of the commune). The Principal of the educational correctional facility must prepare a report to send to the Criminal Enforcement and Judicial Assistance Bureau and notify the Chairman of the People's Committee of the district that issued the decision to place that person in the educational correctional facility.

Article 17. Diet, clothing, daily necessities, visiting relatives; receiving and sending letters; receiving money and gifts of students at educational correctional facilities.

1. The diet, clothing, and daily necessities of students at educational correctional facilities are implemented according to the provisions of Articles 27 and 28 of Decree No. 142/2003/ND-CP.

Based on actual conditions and the need to ensure a healthy diet for students, the Principal of the educational correctional facility may adjust or exchange usage quotas between types of food to ensure that students consume according to the prescribed standards.

2. The system for visiting relatives; receiving and sending letters; receiving money and gifts of students at educational correctional facilities must be carried out strictly in accordance with the provisions of Article 36 of Decree No. 142/2003/ND-CP and the guidance provided in this Circular.

When sending or receiving letters, money, and gifts, students must undergo inspection by the educational correctional facility. Specifically, Vietnamese currency, foreign currencies, valuable jewelry (watches, rings, necklaces, earrings...), or negotiable instruments, students must deposit with the facility's safekeeping department and use according to the regulations of the Ministry of Public Security.

Article 18. Reduction or exemption from remaining time at the educational correctional facility in cases where individuals show significant progress or have meritorious deeds.

1. Conditions for considering reduction or exemption from remaining time are stipulated in Clause 1, Article 38 of Decree No. 142/2003/NĐ-CP and detailed in this Circular, with particular attention to the following contents:

A student showing significant progress is a student who demonstrates specific actions such as sincere remorse; active participation in labor and study; strict compliance with laws and internal regulations of the educational correctional facility.

A student having meritorious deeds is a student who performs specific actions such as assisting investigative agencies in detecting or preventing crimes, or in detecting or preventing other students from escaping or disrupting the facility; proposing valuable technical improvements in labor or production recognized by competent authorities at provincial level or higher; achieving outstanding academic results; courageously rescuing people or state, collective, or individual property of significant value.

2. The Principal of the educational correctional facility shall establish a Council to consider reduction or exemption from remaining time for students; the Council's composition includes:

- The Director of the educational rehabilitation center serves as the Chairman of the Council;

- The Deputy Principal responsible for educational affairs serves as Vice Chairman of the Council;

- The Head of Educational Affairs serves as Secretary;

- The Head of Class Teachers serves as Member;

- The Head of Cultural Teachers serves as Member;

- The Commandant of the Facility's Security Police Force serves as Member;

- The Director of Branch serves as Member (for facilities with branches);

- The Medical Officer or treating doctor serves as Member (if the student proposed for consideration of exemption from remaining time is suffering from a serious illness).

For facilities with branches, the Principal of the educational correctional facility shall issue a decision to establish a Sub-Council at each branch to consider reduction or exemption from remaining time for students, with the composition including:

- The Branch Director serves as Chair of the Sub-Council;

- The Deputy Branch Director serves as Deputy Chair of the Sub-Council;

- The Branch Educational Affairs Team Leader serves as Secretary;

- A representative of the Branch Class Teacher serves as Member;

- A representative of the Branch Cultural Teacher serves as Member;

- The Commandant of the Branch Security Police Force serves as Member;

- The Health Officer of the Branch or treating doctor serves as Member (if the student proposed for consideration of exemption from remaining time is suffering from a serious illness).

The Sub-Council is responsible for reviewing proposals to reduce time or exempt from remaining time at the educational correctional facility for students of their branch and preparing reports to submit to the Council considering reduction or exemption from remaining time for students.

Based on standards, conditions, and academic performance, every four months (except in cases requiring urgent review), the Council considering reduction or exemption from remaining time at the educational correctional facility is responsible for organizing reviews of individual cases. When the Council convenes, the class teacher must present specific details and propose reductions or exemptions for each student under their responsibility (in facilities with branches, the class teacher only participates in the Sub-Council meetings). Following this, the Council reviews and decides on the proposals, preparing files to be submitted to the Criminal Enforcement and Legal Aid Bureau for further review and decision.

The file proposing reduction or exemption from remaining time at the educational correctional facility for students includes the minutes of the Council meeting, the school's recommendation report, a list of students proposed for review, and related documents.

3. Within five working days from receiving the school's file, the Director of the Criminal Enforcement and Legal Aid Bureau must establish a Review Council chaired by the Director or a Deputy Director authorized to act as Chair, with the composition including: the Head of the Department overseeing educational facilities and schools serving as a regular member of the Council, the Deputy Head of the Department overseeing educational facilities and schools serving as Secretary of the Council, and staff overseeing reduction or exemption from remaining time serving as members of the Council.

The direct leader of the educational correctional facility reports to the Council considering reduction or exemption from remaining time for each case.

The Council considering reduction or exemption from remaining time bases its decisions on the reports from the facility's leadership, the school's proposal file, and compares these against established criteria to determine the extent of reduction or exemption for each student.

The Director of the Criminal Enforcement and Legal Aid Bureau reviews and issues a decision to reduce time or exempt from remaining time for students within five days after the Council meeting.

The decision to reduce time or exempt from remaining time is sent to the Chairman of the People's Committee of the district where the decision was made to place the individual in the educational correctional facility, the local police, and the People's Committee of the commune where they reside; simultaneously, it is announced to the student and filed in their record for monitoring.

4. In cases where a student has been proposed for reduction or exemption from remaining time, but during the waiting period for the competent authority's review and decision, commits a violation of the law or seriously breaches the internal regulations of the educational correctional facility, the Principal of the educational correctional facility is responsible for convening a Council, immediately preparing a report, and submitting it to the Director of the Criminal Enforcement and Legal Aid Bureau to propose removing the student from the list of those eligible for reduction or exemption; if a decision to reduce time or exempt from remaining time has already been made but not yet implemented, the proposal is to revoke that decision.

Article 19. Rewards and Handling of Violations for Students

1. The rewarding and handling of violations for students at educational correctional schools shall be carried out in accordance with Articles 41 and 42 of Decree No. 142/2003/NĐ-CP.

2. Students who are rewarded with permission to visit their families must be those who have genuinely progressed in labor, study, discipline, achieved at least a good grade, and still have parents or close relatives (grandparents, aunts, uncles, siblings, or direct caregivers).

The time students spend on leave will be counted towards the period of execution of the decision at the educational correctional school.

3. For students isolated in disciplinary rooms, if they show clear progress and recognize their mistakes, the Principal of the educational correctional school may consider and decide to reduce the isolation period.

Article 20. Management and Utilization of Labor Results from Educational Correctional Schools

1. The management and utilization of labor results from educational correctional schools must be implemented in accordance with Article 32 of Decree No. 142/2003/NĐ-CP and other relevant laws.

2. After deducting reasonable expenses as prescribed by law from the labor results of educational correctional schools, the remaining amount shall be used as follows:

- 20% for additional food costs for students and additional costs for medical care beyond state standards;

- 25% for additional living expenses, books, stationery, equipment, and facilities for student activities, supplementary education (cultural, artistic, sports, entertainment), excursions, leave, etc.;

- 15% for rewards for staff and students, including 8% for outstanding students in labor, study, and discipline, and 7% for staff and teachers who excel in managing and educating students and organizing labor;

Students receiving monetary rewards may use it for additional food, personal items, depositing funds for withdrawal upon request or release, or sending money back home according to the regulations of the educational correctional school.

- 25% for construction and repair of infrastructure;

The Principal of the educational correctional school must prepare a plan and report in writing to seek approval from the Director General of the Criminal Enforcement and Legal Aid Bureau before using labor results for construction and repair of infrastructure.

- 15% for welfare funds of the educational correctional school.

3. Every six months and annually, the educational correctional school must report specifically on labor results, management, and utilization of labor results to the Ministry of Public Security (through the Logistics and Technical Service Bureau, Financial Department, Criminal Enforcement and Legal Aid Bureau).

Chapter IV
IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 21. Organization of Implementation

1. Annually, public security units and localities related to this matter must conduct summaries and reports on the implementation of measures to send students to educational correctional schools; promptly reward collectives and individuals with achievements and correct cases that have not been properly implemented.

2. The Financial Department is responsible for allocating funds and guiding, supervising the management and use of funds to ensure the application of measures to send students to educational correctional schools according to the tasks specified in this Circular.

3. The Logistics and Technical Service Bureau is responsible for directing and guiding the uniform provision of material infrastructure and technical equipment for educational correctional schools in accordance with the law.

4. The Criminal Investigation Bureau is responsible for directing and guiding the application of measures to send students to educational correctional schools for public security units and localities.

5. The Directors of Public Security Departments of provinces and centrally-administered cities are responsible for directing the Social Order Crime Investigation Departments to organize guidance for subordinate public security agencies to implement this Circular.

6. The Criminal Enforcement and Legal Aid Bureau is responsible for leading and guiding the implementation of this Circular.

Article 22. Effectiveness

1. This Circular takes effect from June 15, 2011, and replaces Circular No. 08/1998/TT-BCA dated December 3, 1998, issued by the Ministry of Public Security guiding the implementation of certain provisions of the Regulation on Educational Correctional Schools accompanying Decree No. 33/CP dated April 14, 1997, of the Government.

2. The Heads of the General Bureaus, Heads of Units under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, Directors of Fire Prevention and Control Departments, Principals of Educational Correctional Schools are responsible for implementing this Circular.

In the course of implementation, if any issues arise, public security units and related agencies should reflect them to the Ministry of Public Security (through the Criminal Enforcement and Legal Aid Bureau) for timely guidance.