Circular No. 19/2015/TT-BTP stipulates the legality verification by the Head of the Department of Justice at the district level for the application of administrative handling measures to send individuals to educational centers, compulsory education facilities, and compulsory drug rehabilitation centers.

CIRCULAR

Provisions on the legality check of the Head of the Department of Justice at the district level regarding the file

proposing to apply administrative handling measures for placement in educational facilities,

placement in compulsory education facilities and placement in compulsory drug rehabilitation facilities

______________________________

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

Pursuant to Decree No. 111/2013/NĐ-CP dated September 30, 2013 of the Government detailing the regime of applying administrative measures for education at commune, ward, and town levels;

Pursuant to Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government detailing the regime of applying administrative measures for compulsory rehabilitation centers;

Pursuant to Decree No. 02/2014/NĐ-CP dated January 10, 2014 of the Government detailing the regime of applying and implementing administrative measures for educational facilities and compulsory rehabilitation centers;

At the proposal of the Director of the Administrative Violation Handling Management and Law Enforcement Supervision Department,

the Minister of Justice issues the Circular stipulating the legality check by the Head of the Department of Justice at the district level regarding the file proposing to apply administrative handling measures for placement in educational facilities, placement in compulsory education facilities and placement in compulsory drug rehabilitation facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the legality check by the Head of the Department of Justice under the People's Committee of districts, towns, urban districts, and provincial cities (hereinafter referred to as the Head of the Department of Justice at the district level) regarding the file proposing to apply administrative handling measures for placement in educational facilities, placement in compulsory education facilities and placement in compulsory drug rehabilitation facilities (hereinafter referred to as the legality check of the file proposing).

Article 2. Applicability

This Circular applies to the Head of the Department of Justice at the district level and relevant agencies, organizations, and individuals during the process of conducting the legality check of the file proposing.

Article 3. Principles of the Legality Check of the File Proposing

1. Ensuring objectivity, compliance with authority, content, procedures, and formalities prescribed in the Law on Handling Administrative Violations, detailed decrees implementing the Law on Handling Administrative Violations, and provisions in this Circular.

2. Ensuring the rights and legitimate interests of the person whose file proposing the application of administrative handling measures has been established.

Article 4. Content of the Legality Check of the File Proposing

The content of the legality check includes reviewing, evaluating, and concluding on the appropriateness and completeness of the file proposing to apply administrative handling measures according to the provisions of the Law on Handling Administrative Violations and Clause 2, Article 17 of Decree No. 81/2013/ND-CP dated July 19, 2013 of the Government detailing certain articles and implementation measures of the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 81/2013/ND-CP). Specifically as follows:

1. Documents and papers in the file proposing to apply administrative handling measures must ensure completeness in quantity, components, format, and content as prescribed in Clause 1 and 2, Article 99; Clause 1 and 2, Article 101; Clause 1 and 2, Article 103 of the Law on Handling Administrative Violations; Clause 1, Article 11 of Decree No. 02/2014/ND-CP dated January 10, 2014 of the Government on the system of applying and enforcing administrative handling measures for placement in educational facilities and compulsory education facilities (hereinafter referred to as Decree No. 02/2014/ND-CP); Article 9 of Decree No. 221/2013/ND-CP dated December 30, 2013 of the Government on the system of applying administrative handling measures for placement in compulsory drug rehabilitation facilities (hereinafter referred to as Decree No. 221/2013/ND-CP) and the provisions of this Circular.

2. The statute of limitations for applying administrative handling measures must be consistent with the provisions at points b, c, and d, Clause 2, Article 6 of the Law on Handling Administrative Violations.

3. The subject proposed to apply administrative handling measures must be consistent with the provisions at Clause 2, Article 5; Articles 92, 94, and 96 of the Law on Handling Administrative Violations; Article 13, Clause 2 and 3, Article 16 of Decree No. 81/2013/ND-CP and Article 3 of Decree No. 221/2013/ND-CP.

4. The authority to establish the file proposing to apply administrative handling measures must be consistent with the provisions at Articles 99, 101, and 103 of the Law on Handling Administrative Violations.

5. The procedures and formalities for establishing the file proposing to apply administrative handling measures must be consistent with the provisions at Articles 99, 101, and 103 of the Law on Handling Administrative Violations; Decree No. 81/2013/ND-CP; Decree No. 221/2013/ND-CP; Decree No. 02/2014/ND-CP and the provisions of this Circular.

Article 5. Procedure and formalities for checking the legality of the application file

1. Upon expiration of the time limit for reading the file as prescribed in Clause 3, Article 99, Clause 3, Article 101, and Clause 3, Article 103 of the Law on Handling Administrative Violations, the agency that established the file shall transfer such file to the Head of the Department of Justice at the district level for checking the legality of the application file. The file includes:

a) A letter from the agency that established the file requesting the Head of the Department of Justice at the district level to check the legality of the application file.

b) All documents and papers contained in the application file.

The handover and receipt of files must be recorded in a protocol.

2. Within five days from the date of receipt of the application file for applying measures of placement in educational centers, compulsory education facilities, and compulsory drug rehabilitation centers, the Head of the Department of Justice at the district level shall be responsible for checking the legality of the application file in accordance with Article 17 of Decree No. 81/2013/ND-CP and the provisions set out in Sections 1, 2, and 3 of Chapter II of this Circular.

3. The result of checking the legality of the application file must be reflected in writing according to the form issued together with this Circular, signed by the authorized person conducting the check and stamped by the Department of Justice. After completing the check, the legality check document shall be sent along with the application file.

4. In cases where the application file ensures legality as stipulated in Article 4 of this Circular, the Head of the Department of Justice at the district level shall transfer the entire file to the Head of the Public Security Department at the district level for the measure of placement in educational centers and compulsory education facilities, or to the Head of the Labor, Invalids and Social Affairs Department at the district level for the measure of placement in compulsory drug rehabilitation centers for consideration and decision on the application for the People's Court at the district level to apply administrative handling measures. The file includes:

a) Documents and papers as specified in points a and b of Clause 1 of this Article;

b) The legality check document of the Head of the Department of Justice at the district level.

The handover and receipt of files must be recorded in a protocol.

5. In cases where the application file does not ensure legality as stipulated in Article 4 of this Circular, the Head of the Department of Justice at the district level must clearly state in the legality check document the contents that do not ensure legality, the documents that need to be amended and supplemented, and return the entire file to the agency that established the file for continued amendment, supplementation, and completion of the file in accordance with the regulations.

Chapter II

CHECKING THE LEGALITY OF APPLICATION FILES FOR APPLYING ADMINISTRATIVE HANDLING MEASURES

Section 1

APPLICATION FILE FOR APPLYING MEASURE OF PLACEMENT IN EDUCATIONAL CENTERS

Article 6. Checking documents and papers in the application file for applying the measure of placement in educational centers

1. The verification of the appropriateness and completeness of documents and papers in the application file for applying the measure of placement in educational centers must be based on the provisions set out in Clause 1 and 2, Article 99 of the Law on Handling Administrative Violations and Clause 1, Article 11 of Decree No. 02/2014/NĐ-CP.

2. The application file for applying the measure of placement in educational centers for cases involving minors who have committed violations and have stable residence includes:

a) A summary record of the minor's personal history proposed for placement in an educational center according to Form No. 02/TGD issued together with Circular No. 38/2014/TT-BCA dated September 12, 2014, by the Minister of Public Security regarding the forms to be used when applying administrative handling measures of placement in educational centers;

b) Documentation on the violation of laws by the violator including one of the following documents or papers: Administrative violation record; two decisions on administrative penalties for one of the acts of theft, fraud, gambling, disrupting public order, and the third administrative violation record within six months for one of the acts of theft, fraud, gambling, disrupting public order; case records, investigation conclusions, statements, search records, scene examination records, investigative reenactment records (according to the model issued by the Ministry of Public Security, if applicable); other relevant documents or papers (if applicable);

c) Documentation on the applied educational measures including: Certificate of completion of community-based education decision issued by the Chairman of the People's Committee at the commune, ward, town level according to Form No. 17/GDTX issued together with Circular No. 42/2014/TT-BCA dated September 25, 2014, by the Minister of Public Security regarding the forms to be used in the People's Public Security when applying and implementing community-based educational measures;

d) A statement from the violator or their legal representative (according to the model issued by the Ministry of Public Security, if applicable). In cases where there is no model, the statement must include the following main contents: Name and date of birth of the violator, place of residence, place of study or work of the violator (if applicable); summary of the violation;

đ) A document expressing the opinion of the parents or legal representatives of the violator;

e) A document expressing the opinion of the school, agency, or organization where the minor is studying or working (if applicable);

g) Other related documents (if applicable) such as: Identity Card; Passport; Citizen Identification Card; Birth Certificate; household registration book of the violator; notification document about the establishment of the application file for applying administrative handling measures.

3. The application file for applying the measure of placement in educational centers for cases involving minors who have committed violations but do not have stable residence includes:

a) Documents and papers as specified in points a, b, d, and đ of Clause 2 of Article 6 of this Circular;

b) A copy of criminal and disciplinary records issued by the police agency;

c) Documentation as specified in point c of Clause 2 of Article 6 of this Circular (if applicable).

4. The application file for applying the measure of placement in educational centers for cases involving minors who have committed violations and have stable residence, but were directly discovered, investigated, and handled by the district-level or provincial-level police agency in cases of law violations without reaching the level of criminal prosecution and falling under the category of placement in educational centers as stipulated in Article 92 of the Law on Handling Administrative Violations, includes the documents and papers as specified in points a, b, c, d, and đ of Clause 2 of Article 6 of this Circular.

5. The file for requesting the application of measures to send individuals to educational centers for persons under the age of eighteen who violate laws without a stable place of residence, discovered, investigated, and handled directly by the police at the district level or provincial level in cases of law violations but not reaching the level of criminal prosecution and falling within the scope of being sent to educational centers according to Article 92 of the Law on Handling Administrative Offenses shall include documents and papers as prescribed in Clause 3, Article 6 of this Circular.

Article 7. Examination of the Statute of Limitations for Applying Measures to Send Individuals to Educational Centers for Persons Under the Age of Eighteen

The examination of the statute of limitations for applying measures to send individuals to educational centers for persons under the age of eighteen must be based on the provisions set out in point b, Clause 2, Article 6 of the Law on Handling Administrative Offenses, specifically as follows:

1. For individuals committing acts of violation as stipulated in Clause 1 and Clause 2, Article 92 of the Law on Handling Administrative Offenses, the statute of limitations for applying measures to send individuals to educational centers for persons under the age of eighteen is one year, counted from the date the individual commits the act of violation.

2. For individuals committing acts of violation as stipulated in Clause 3, Article 92 of the Law on Handling Administrative Offenses, the statute of limitations for applying measures to send individuals to educational centers for persons under the age of eighteen is six months, counted from the date the individual commits the act of violation.

3. For individuals committing acts of violation as stipulated in Clause 4, Article 92 of the Law on Handling Administrative Offenses, the statute of limitations for applying measures to send individuals to educational centers for persons under the age of eighteen is six months, counted from the date the individual commits the last act among theft, fraud, gambling, and disrupting public order.

Article 8. Examination of Individuals Subject to Measures to Send Individuals to Educational Centers for Persons Under the Age of Eighteen

1. Individuals subject to measures to send individuals to educational centers for persons under the age of eighteen must meet the age requirements, the nature of the violation, and other conditions as prescribed in Clause 2, Article 5, Article 92 of the Law on Handling Administrative Offenses, and Article 16 of Decree No. 81/2013/NĐ-CP, including:

a) Individuals aged from twelve years old to under fourteen years old who commit acts indicative of particularly serious crimes due to intent as defined in the Penal Code, as stipulated in Clause 1, Article 92 of the Law on Handling Administrative Offenses;

b) Individuals aged from fourteen years old to under sixteen years old who commit acts indicative of very serious crimes due to negligence as defined in the Penal Code, as stipulated in Clause 2, Article 92 of the Law on Handling Administrative Offenses;

c) Individuals aged from fourteen years old to under sixteen years old who commit acts indicative of serious crimes due to intent as defined in the Penal Code, and who have previously been subjected to community-based education measures as stipulated in Clause 3, Article 92 of the Law on Handling Administrative Offenses;

d) Individuals aged from fourteen years old to under eighteen years old who have committed acts of theft, fraud, gambling, and disrupting public order two or more times within six months, without reaching the level of criminal prosecution, and who have previously been subjected to community-based education measures as stipulated in Clause 4, Article 92 of the Law on Handling Administrative Offenses.

2. Cases that are not subjects of measures to send individuals to educational centers for persons under the age of eighteen as prescribed in Clause 2, Article 5, and Clause 5, Article 92 of the Law on Handling Administrative Offenses, including: foreigners; individuals without administrative responsibility capacity; pregnant women with certification from a hospital; women or the sole caregiver of children under thirty-six months of age confirmed by the People's Committee of the commune where they reside.

Article 9. Inspection of Authority to Establish Files for Application of Measures to Send to Educational Centers

The inspection of authority to establish files for application of measures to send to educational centers must be based on the provisions of Clause 1 and 2, Article 99 of the Law on Handling Administrative Violations, specifically as follows:

1. In cases where minors who have committed violations have a stable place of residence, the Chairman of the People's Committee at the commune level where such persons reside shall have the authority to establish files for application of measures to send to educational centers in accordance with Point a, Clause 1, Article 99 of the Law on Handling Administrative Violations.

2. In cases where minors who have committed violations do not have a stable place of residence, the Chairman of the People's Committee at the commune level where such persons commit acts violating the law shall have the authority to establish files for application of measures to send to educational centers in accordance with Point b, Clause 1, Article 99 of the Law on Handling Administrative Violations.

3. In cases where minors who have committed violations are directly discovered, investigated, and handled by the police at the district level or provincial level in violation cases that do not warrant criminal prosecution but fall under the category of being sent to educational centers as stipulated in Article 92 of the Law on Handling Administrative Violations, the police agency handling the case shall have the authority to establish files for application of measures to send to educational centers in accordance with Clause 2, Article 99 of the Law on Handling Administrative Violations.

The police at the commune level shall be responsible for assisting the Chairman of the People's Committee at the same level in collecting evidence and establishing files for application of measures to send to educational centers as stipulated in Points a and b, Clause 1, Article 99 of the Law on Handling Administrative Violations.

Article 10. Inspection of Procedures and Formalities for Establishing Files for Application of Measures to Send to Educational Centers

1. The inspection of procedures and formalities for establishing files for application of measures to send to educational centers must be based on the provisions of Article 99 of the Law on Handling Administrative Violations; Articles 13 and 17 of Decree No. 81/2013/NĐ-CP and Circular No. 43/2014/TT-BCA dated October 8, 2014 issued by the Minister of Public Security detailing the implementation of Decree No. 02/2014/NĐ-CP dated January 10, 2014 on the system of applying and enforcing administrative measures to send to educational centers and compulsory education facilities (hereinafter referred to as Circular No. 43/2014/TT-BCA).

2. Inspect procedures and formalities for establishing files for application of measures to send to educational centers according to the following contents:

a) Collecting materials and establishing files for application of measures to send to educational centers must ensure compliance with the file components as prescribed in Article 6 of this Circular for each case and the authority to establish files as prescribed in Clause 1 and 2, Article 99 of the Law on Handling Administrative Violations and Article 9 of this Circular;

b) Determining the place of residence of minors who have committed violations without a stable place of residence must ensure compliance with the provisions of Clause 2, Article 5 of Circular No. 43/2014/TT-BCA, specifically as follows:

A stable place of residence is the place of permanent registration or temporary registration of the violator and is the place where the person currently resides regularly or spends most of their time living;

Without a stable place of residence is the situation where the place of permanent registration or temporary registration of the violator cannot be determined and the person frequently wanders around, has no fixed residence, or has a place of permanent registration or temporary registration but does not reside there regularly and frequently wanders around, not staying in one fixed place.

c) Determining the age of the person proposed to apply measures to send to educational centers must ensure compliance with the provisions of Article 13 of Decree No. 81/2013/NĐ-CP;

d) Notifying the person proposed to apply measures to send to educational centers, their parents, or their lawful representatives about the establishment of the file by the agency or person with authority to establish the file must ensure compliance with the form, content, and notification period as prescribed in Clause 3, Article 99 of the Law on Handling Administrative Violations and Clause 1, Article 17 of Decree No. 81/2013/NĐ-CP.

Section 2

APPLICATION FILE FOR APPLYING COMPULSORY EDUCATION FACILITIES

Article 11. Examination of Documents and Papers in the Application File for Compulsory Education Measures

1. The examination of the suitability and completeness of the documents and papers in the application file for compulsory education measures must be based on the provisions of Clause 1 and 2 of Article 101 of the Law on Handling Administrative Violations and Article 26 of Decree No. 02/2014/NĐ-CP.

2. The application file for compulsory education measures for violators with stable residence includes:

a) A summary of the personal history of the person proposed to apply the compulsory education measure according to Model No. 02/CSGDBB issued together with Circular No. 39/2014/TT-BCA dated September 12, 2014 of the Minister of Public Security regarding the forms used when applying administrative handling measures of compulsory education;

b) Documentation on the violations of the law by the person proposed to apply the compulsory education measure, including one of the following documents or papers: Administrative violation record; two decisions on administrative penalties for acts of infringing upon the property of domestic or foreign organizations, property, health, reputation, dignity of citizens, foreigners, or violating public order and social safety, and the third administrative violation record within six months for any of the aforementioned acts; case records, investigation conclusions, statements, search records, crime scene inspection records, investigative reenactment records (according to the model issued by the Ministry of Public Security, if applicable); other documents and papers as prescribed (if applicable);

c) The documents and papers as stipulated in Points c, d, and g of Clause 2 of Article 6 of this Circular.

3. The application file for compulsory education measures for persons who do not reside at the place where the violation occurred but whose place of residence can be determined includes the documents and papers as stipulated in Clause 2 of Article 11 of this Circular.

4. The application file for compulsory education measures for persons who do not reside at the place where the violation occurred and whose place of residence cannot be determined includes:

a) The documents and papers as stipulated in Point d of Clause 2 of Article 6; Point a and b of Clause 2 of Article 11 of this Circular;

b) The document as stipulated in Point c of Clause 2 of Article 6 of this Circular (if applicable).

5. The application file for compulsory education measures for cases where the violator has a stable residence and is directly discovered, investigated, and handled by the police department of the district or province in violation cases that have not reached the level of criminal prosecution but fall under the category of compulsory education measures as provided for in Article 94 of the Law on Handling Administrative Violations includes the documents and papers as stipulated in Point c and d of Clause 2 of Article 6; Point a and b of Clause 2 of Article 11 of this Circular.

6. The application file for compulsory education measures for cases where the violator does not have a stable residence and is directly discovered, investigated, and handled by the police department of the district or province in violation cases that have not reached the level of criminal prosecution but fall under the category of compulsory education measures as provided for in Article 94 of the Law on Handling Administrative Violations includes the documents and papers as stipulated in Point c of Clause 2 of Article 6 (if applicable); Point d of Clause 2 of Article 6; Point a and b of Clause 2 of Article 11 of this Circular.

Article 12. Examination of the statute of limitations for applying compulsory educational measures

The examination of the statute of limitations for applying compulsory educational measures must be based on the provisions set forth in point c, Clause 2, Article 6 of the Law on Handling Administrative Violations, specifically as follows: The statute of limitations for applying compulsory educational measures is one year, counted from the date when an individual commits any of the violations specified in Clause 1, Article 94 of the Law on Handling Administrative Violations for the last time.

Article 13. Examination of the subjects to whom compulsory educational measures are applied

The subjects to whom compulsory educational measures are applied must ensure compliance with age, violation behavior, and conditions stipulated in Clause 2, Article 5, Article 94 of the Law on Handling Administrative Violations, and Article 16 of Decree No. 81/2013/ND-CP, specifically as follows:

1. The subject to whom administrative handling measures involving compulsory educational measures are applied must be a person who has committed acts infringing upon the property of domestic or foreign organizations; the property, health, reputation, and dignity of citizens, foreigners; social order and safety two or more times within six months but not reaching the level of criminal prosecution as specified in Clause 1, Article 94 of the Law on Handling Administrative Violations; and has been subjected to community-based education measures where the violator has a stable place of residence or has not been subjected to such measures where the violator does not have a stable place of residence.

2. Cases that are not subjects to whom administrative handling measures involving compulsory educational measures are applied as specified in Clause 2, Article 5 and Clause 2, Article 94 of the Law on Handling Administrative Violations include: foreigners; persons without administrative responsibility capacity; persons under 18 years old; women over 55 years old, men over 60 years old; pregnant women with certification from a hospital; women or the sole caregiver of children under 36 months old confirmed by the People's Committee of the commune where they reside.

Article 14. Examination of the authority to establish files proposing the application of compulsory educational measures

The examination of the authority to establish files proposing the application of compulsory educational measures is based on the provisions set forth in Clause 1 and 2, Article 101 of the Law on Handling Administrative Violations, specifically as follows:

1. In cases where the violator has a stable place of residence, the Chairman of the People's Committee of the commune where the violator resides has the authority to establish files proposing the application of compulsory educational measures according to point a, Clause 1, Article 101 of the Law on Handling Administrative Violations.

2. In cases where the violator does not reside at the location of the law violation and their place of residence can be determined, the Chairman of the People's Committee of the commune where the violator resides has the authority to establish files proposing the application of compulsory educational measures according to point b, Clause 1, Article 101 of the Law on Handling Administrative Violations.

3. In cases where the violator does not reside at the location of the law violation and their place of residence cannot be determined, the Chairman of the People's Committee of the commune where the proposed administrative handling measure is to be applied has the authority to establish files proposing the application of compulsory educational measures according to point b, Clause 1, Article 101 of the Law on Handling Administrative Violations.

4. In cases where the violator is directly discovered, investigated, and handled by the Public Security Office of the district or provincial level in law violation cases but not reaching the level of criminal prosecution and falling under the category of compulsory educational measures as specified in Article 94 of the Law on Handling Administrative Violations, the Public Security Office currently handling the case has the authority to establish files proposing the application of compulsory educational measures according to Clause 2, Article 101 of the Law on Handling Administrative Violations.

5. The Public Security Office at the commune level is responsible for assisting the Chairman of the People's Committee at the same level in collecting materials and establishing files proposing the application of compulsory educational measures as specified in points a and b, Clause 1, Article 101 of the Law on Handling Administrative Violations.

Article 15. Inspection of the procedure and formalities for establishing files to request application of compulsory educational measures

1\. The inspection of the procedure and formalities for establishing files to request application of administrative handling measures involving compulsory educational measures shall be based on the provisions stipulated in Article 101 of the Law on Handling Administrative Violations; Articles 13 and 17 of Decree No. 81/2013/NĐ-CP and Circular No. 43/2014/TT-BCA.

2\. The inspection of the procedure and formalities for establishing files to request application of compulsory educational measures shall cover the following contents:

a\. The collection of documents and establishment of files to request application of compulsory educational measures must ensure compliance with the file components specified in Article 11 of this Circular for each case and the authority to establish such files as prescribed in Clause 1 and 2 of Article 101 of the Law on Handling Administrative Violations;

b\. The determination of the place of residence of minors who violate laws without a stable place of residence must ensure compliance with the provisions set out in Point b, Clause 2 of this Circular;

c\. The transfer of violators who do not reside at the location where they committed the violation to their place of residence for handling, if their place of residence can be determined, must be recorded in a record and ensure compliance with the authority, procedures, and formalities for handover as stipulated in Point b, Clause 1 of Article 101 of the Law on Handling Administrative Violations;

d\. The determination of the age of the person proposed to apply compulsory educational measures must ensure compliance with the provisions set out in Decree No. 81/2013/NĐ-CP;

đ\. The notification to the person proposed to apply the measure, their parents, or their lawful representatives about the establishment of the file by the agency or person authorized to establish the file must ensure compliance with the form, content, and time limit for notification as stipulated in Clause 3 of Article 101 of the Law on Handling Administrative Violations and Clause 1 of Article 17 of Decree No. 81/2013/NĐ-CP.

Section 3

FILE TO REQUEST APPLICATION OF ADMINISTRATIVE HANDLING MEASURES INVOLVING COMPULSORY DRUG TREATMENT

Article 16. Inspection of documents and papers in the file to request application of administrative handling measures involving compulsory drug treatment

1\. The inspection of the suitability, legality, and completeness of documents and papers in the file to request application of administrative handling measures involving compulsory drug treatment shall be based on the provisions stipulated in Clause 1 and 2 of Article 103 of the Law on Handling Administrative Violations and Article 9 of Decree No. 221/2013/NĐ-CP.

2. The file proposing the application of administrative handling measures to place in compulsory drug rehabilitation facilities for drug addicts with a stable place of residence shall include:

a\. A summary of the personal history of the person proposed to apply the administrative handling measure involving compulsory drug treatment according to Model No. 01 issued together with Circular No. 14/2014/TT-BLDTBXH dated June 12, 2014, by the Minister of Labor, Invalids, and Social Affairs on forms for establishing files to request, implementing decisions to apply administrative handling measures involving compulsory drug treatment, and guidelines for building internal regulations and rules for students of compulsory drug treatment centers;

b\. Documents proving the current drug addiction status of the person proposed to apply the administrative handling measure involving compulsory drug treatment, including: The result sheet of the current drug addiction status identification, opium-like substances, issued by the competent authority to identify the current drug addiction status of the person proposed to apply the measure involving compulsory drug treatment according to Appendix 3 issued together with Joint Circular No. 17/2015/TTLT-BYT-BLDTBXH-BCA dated July 9, 2015, by the Ministers of Health, Labor, Invalids, and Social Affairs, and Public Security on the authority, procedures, and process for identifying drug addiction status;

c\. A statement from the violator or their lawful representative (if provided by the Ministry of Labor, Invalids, and Social Affairs). In cases where there is no model, the statement must ensure the main contents as stipulated in Point d, Clause 2 of this Circular;

d\. An administrative violation record regarding the illegal use of drugs;

đ\. Documents and papers as stipulated in Points c and g, Clause 2 of this Circular;

3\. The file to request application of administrative handling measures involving compulsory drug treatment for drug addicts who do not reside at the location where they committed the violation and whose place of residence has been identified includes the documents and papers stipulated in Clause 2 of Article 16 of this Circular.

4\. The file to request application of administrative handling measures involving compulsory drug treatment for drug addicts who do not reside at the location where they committed the violation and whose place of residence cannot be identified includes:

a\. The documents and papers stipulated in Points a, b, c, and d, Clause 2 of Article 16 of this Circular;

b\. The documents stipulated in Point c, Clause 2 of this Circular (if available);

5\. The file to request application of administrative handling measures involving compulsory drug treatment for drug addicts who have a stable place of residence and were directly discovered, investigated, and handled by the police at the district level or provincial level in cases of violations but not reaching the level of criminal prosecution and falling under the category of compulsory drug treatment as stipulated in Article 96 of the Law on Handling Administrative Violations includes:

a\. The documents and papers stipulated in Points a, b, c, and d, Clause 2 of Article 16 of this Circular;

b\. The documents stipulated in Point c, Clause 2 of this Circular.

6\. The file to request application of administrative handling measures involving compulsory drug treatment for drug addicts who do not have a stable place of residence and were directly discovered, investigated, and handled by the police at the district level or provincial level in cases of violations but not reaching the level of criminal prosecution and falling under the category of compulsory drug treatment as stipulated in Article 96 of the Law on Handling Administrative Violations includes:

a\. The documents and papers stipulated in Points a, b, c, and d, Clause 2 of Article 16 of this Circular;

b) The document as stipulated in Point c of Clause 2 of Article 6 of this Circular (if applicable).

Article 17. Inspection of the Statute of Limitations for Applying Administrative Sanctions to Compulsory Drug Rehabilitation Centers

The inspection of the statute of limitations for applying administrative sanctions to compulsory drug rehabilitation centers must be based on the provisions set forth in point d, Clause 2, Article 6 of the Law on Handling Administrative Violations and Article 4 of Decree No. 221/2013/ND-CP, specifically as follows: The statute of limitations for applying administrative sanctions to compulsory drug rehabilitation centers is three months, counted from the date when the individual last committed the illegal act of using drugs, was discovered, and had a record made according to Article 8 of Decree No. 221/2013/ND-CP.

Article 18. Inspection of Subjects Subject to Administrative Sanctions to Compulsory Drug Rehabilitation Centers

1. Subjects subject to administrative sanctions to compulsory drug rehabilitation centers must ensure compliance with age, violation behavior, and conditions stipulated in Clause 2, Article 5, and Article 96 of the Law on Handling Administrative Violations; Article 16 of Decree No. 81/2013/ND-CP; Article 37 of Decree No. 111/2013/ND-CP dated September 30, 2013 of the Government regarding the system of applying administrative sanctions for education at commune, ward, town level (hereinafter referred to as Decree No. 111/2013/ND-CP); Articles 3 and 5 of Decree No. 221/2013/ND-CP, including the following specific cases:

a) Individuals addicted to drugs who are at least 18 years old, have a stable place of residence, have been subjected to community-based educational measures due to drug addiction but still continue to be addicted as provided in Clause 1, Article 96 of the Law on Handling Administrative Violations and Clause 1, Article 3 of Decree No. 221/2013/ND-CP;

b) Individuals addicted to drugs who are at least 18 years old, have not been subjected to community-based educational measures due to drug addiction, and do not have a stable place of residence as provided in Clause 1, Article 96 of the Law on Handling Administrative Violations and Clause 2, Article 3 of Decree No. 221/2013/ND-CP.

2. Cases that are not subjects subject to administrative sanctions to compulsory drug rehabilitation centers as stipulated in Clause 2, Article 5 and Clause 2, Article 96 of the Law on Handling Administrative Violations; Clause 3, Article 16 of Decree No. 81/2013/ND-CP; Article 37 of Decree No. 111/2013/ND-CP; Article 5 of Decree No. 221/2013/ND-CP and Clause 2, Article 3 of Decree No. 96/2012/ND-CP dated November 15, 2012 of the Government regarding treatment of drug addiction with substitute drugs, including: foreigners; individuals without administrative responsibility capacity; pregnant women with certification from hospitals; women or the only person taking care of children under 36 months old confirmed by the People's Committee of the commune where they reside; individuals participating in community-based drug rehabilitation programs; individuals participating in drug addiction treatment programs.

Article 19. Inspection of Authority to Establish Files for Application of Administrative Sanctions to Compulsory Drug Rehabilitation Centers

The inspection of authority to establish files for application of administrative sanctions to compulsory drug rehabilitation centers is based on the provisions set forth in Clause 1 and 2, Article 103 of the Law on Handling Administrative Violations, specifically as follows:

1. For cases where individuals addicted to drugs have a stable place of residence and cases where individuals addicted to drugs do not reside at the location of the illegal act and their place of residence can be determined, the Chairman of the People's Committee of the commune where the individual resides has the authority to establish files for application of compulsory drug rehabilitation center measures.

2. For cases where individuals addicted to drugs do not reside at the location of the illegal act and their place of residence cannot be determined, the Chairman of the People's Committee of the commune where the individual committed the illegal act has the authority to establish files for application of compulsory drug rehabilitation center measures.

3. For cases where individuals addicted to drugs violate laws directly discovered, investigated, and handled by the police station or provincial police force, but do not reach the level of criminal prosecution and fall within the category of compulsory drug rehabilitation center measures as stipulated in Article 96 of the Law on Handling Administrative Violations, the police agency handling the case has the authority to establish files for application of compulsory drug rehabilitation center measures.

4. The police station has the responsibility to assist the Chairman of the People's Committee at the same level in collecting materials and establishing files for application of compulsory drug rehabilitation center measures as provided in point a and b, Clause 1, Article 103 of the Law on Handling Administrative Violations.

Article 20. Inspection of the procedure and process for establishing files to request the application of administrative handling measures to be admitted to compulsory drug rehabilitation centers

1. The inspection of the procedure and process for establishing files to request the application of administrative handling measures to be admitted to compulsory drug rehabilitation centers shall be based on the provisions stipulated in Article 103 of the Law on Handling Administrative Violations; Articles 13 and 17 of Decree No. 81/2013/NĐ-CP; Article 8 of Decree No. 221/2013/NĐ-CP, and the provisions stipulated in Clause 2 of Article 20 of this Circular.

2. The inspection of the procedure and process for establishing files to request the application of administrative handling measures to be admitted to compulsory drug rehabilitation centers shall cover the following contents:

a) The collection of documents and the establishment of files to request the application of administrative handling measures to be admitted to compulsory drug rehabilitation centers must ensure compliance with the file components specified for each case under Article 16 of this Circular and the authority to establish such request files as stipulated in Clauses 1 and 2 of Article 103 of the Law on Handling Administrative Violations;

          b) The determination of the place of residence of a drug addict who does not reside at the location where they committed the violation must ensure compliance with the provisions set out in Point b, Clause 2 of this Circular;

c) The determination of the age of the person proposed to be subject to the measure of admission to a compulsory drug rehabilitation center must ensure compliance with the provisions set out in Article 13 of Decree No. 81/2013/NĐ-CP;

d) The transfer of a violator who does not reside at the location where they committed the violation to their place of residence for handling, if their place of residence can be determined, must be recorded in a record and ensure compliance with the authority, procedure, and handover process as stipulated in Point b, Clause 1 of Article 103 of the Law on Handling Administrative Violations;

đ) The notification to the person proposed to be subject to the measure, their parents, or their lawful representative about the establishment of the file by the agency or person with the authority to establish the request file must ensure compliance with the form, content, and time limit for notification as stipulated in Clause 3 of Article 103 of the Law on Handling Administrative Violations and Clause 1 of Article 17 of Decree No. 81/2013/NĐ-CP.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Circular takes effect from February 15, 2016.

Article 22. Forms used in the implementation of inspections for the legality of files

1. The Circular hereby promulgates the following forms:

a) Form No. 01/TGD: Notification of the result of inspecting the legality of the file requesting the application of administrative handling measures to be admitted to a disciplinary school;

b) Form No. 02/CSGDBB: Notification of the result of inspecting the legality of the file requesting the application of administrative handling measures to be admitted to a compulsory educational facility;

c) Form No. 03/CSCNBB: Notification of the result of inspecting the legality of the file requesting the application of administrative handling measures to be admitted to a compulsory drug rehabilitation center.

2. Agencies, organizations, and individuals using the forms prescribed in this Circular must ensure consistency and completeness of the contents as stipulated.

Article 23. Responsibility for Implementation

1. The Heads of the Departments of Justice at district level, relevant agencies, organizations, and individuals are responsible for implementing this Circular.

2. During the implementation, if the normative legal documents cited for application in this Circular are amended, supplemented, or replaced by new normative legal documents, then the new documents shall be applied once they come into effect.

3. During the implementation process, if there are difficulties, obstacles, or emerging issues, it is recommended that agencies, organizations, and individuals promptly report them to the Ministry of Justice for study, amendment, and supplementation./.