Decree No. 19/CP Issuing the Regulation on Education at Commune, Ward, Town for Persons Violating the Law

DECREE

dated April 6, 1996, promulgating the Education Regulations for individuals violating the law at communes, wards, and towns.

for individuals who violate the law

 ____________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Administrative Violation Handling Ordinance dated July 6, 1995;

At the proposal of the Minister of Justice and the Minister of Home Affairs,

DECREE:

Article 1. This Decree promulgates the "Education Regulations for individuals violating the law at communes, wards, and towns."

Article 2. The Ministers of Justice, Interior, Labor, War Invalids and Social Affairs, Finance, the Minister and Director of the National Committee for Child Protection and Care have the responsibility to guide the implementation of the regulations issued under this Decree.

Article 3. This Decree takes effect from the date of issuance. The Ministers of Ministries, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-run cities shall be responsible for implementing this Decree. All previous regulations that conflict with this Decree are hereby abolished./.

REGULATIONS

Education for individuals violating the law at communes, wards, and towns

(Issued together with Decree No. 19-CP dated April 6, 1996 of the Government)

PART I

GENERAL PROVISIONS

Article 1. Education for individuals violating the law at communes, wards, and towns (hereinafter referred to as education at commune, ward, town) is an administrative measure decided by the Chairman of the People's Committee of communes, wards, and towns (hereinafter referred to as commune level) to apply to individuals specified in Article 2 of these Regulations at their place of residence for a period of three to six months. The Chairman of the People's Committee at the commune level is responsible for organizing and coordinating with social organizations, grassroots units, and families to manage and educate such individuals to help them correct their mistakes and become useful members of society, with a sense of compliance with the law and community rules.

Article 2. The educational measures at commune, ward, town shall be applied to the following categories:

1. Individuals aged 12 to 16 years old who commit acts showing signs of minor criminal offenses as defined in the Criminal Code, but considering their background and family circumstances, it is not necessary to send them to a Juvenile Correctional School.

2. Individuals aged 12 years and older who repeatedly engage in disruptive behavior, petty theft, gambling, public disorder, and have been educated by local authorities and residents without improvement, but considering their background and family circumstances, it is not necessary to send them to a Juvenile Correctional School or an educational facility.

3. Individuals involved in prostitution and drug addiction who have been reminded and educated by their families, local authorities, and community organizations without improvement, but considering their background and family circumstances, it is not necessary to send them to a rehabilitation center.

The educational measures at commune, ward, town shall not be applied to individuals under 12 years old.

Article 3. The Chairman of the People's Committee at the commune level shall base on the nature and degree of violation, educational level, occupation, age, family circumstances, and social relations of the individual subject to education at commune, ward, town to decide on the form of education at commune and the duration of applying this measure.

Article 4. The implementation of the educational measure at commune, ward, town must be carried out consistently and persistently with a sense of responsibility and compassion towards the individual subject to this measure.

Article 5. Strictly prohibited are any acts infringing upon the health, reputation, and dignity of the individual subject to education at commune, ward, town or forcing them to perform obligations not prescribed by law.

Article 6. The People's Council, the Vietnam Fatherland Front at the commune level, and all citizens shall supervise the decision-making and enforcement of the educational measure at commune, ward, town, identify, and report any violations of the law by those authorized to apply this measure.

Chapter II

PROCEDURE FOR DECIDING EDUCATIONAL MEASURES AT COMMUNE, WARD, TOWN. FORM AND PROCEDURAL APPLICATION

MARKET TOWN. FORM AND PROCEDURE FOR APPLICATION

Article 7. The Head of the Police Station at the commune level, representatives of the Vietnam Fatherland Front at the same level, representatives of social organizations, grassroots units, or representatives of the family may propose to the Chairman of the People's Committee at the commune level to consider applying the educational measure at commune, ward, town to individuals specified in Article 2 of these Regulations.

The proposal can be made in writing to the Chairman of the People's Committee at the commune level or presented directly to a representative of the People's Committee at the commune level; in the case of direct presentation, it must be recorded in a minutes document.

The content of the written proposal or minutes must clearly state the location where the minutes were prepared, the date of the proposal; the name, address of the proposer or the name of the organization proposing; the name, date of birth, place of residence, and background of the individual proposed for education at commune, ward, town and the reasons for the proposal; the document or minutes must bear the signature of the proposer, and the minutes must clearly state the name, position, and bear the signature of the person recording the minutes.

The written proposal and minutes must comply with the prescribed format.

Article 8Within ten days from the date of receipt of the proposal, the Chairman of the People's Committee at the commune level shall convene and chair a meeting including the Head of the Police Station at the commune level, the Chairman of the Vietnam Fatherland Front at the same level, and representatives of grassroots units. Depending on the specific individual proposed for education, representatives of schools, Youth Union, Women's Union, Farmers' Union, Child Care and Education Board, People's Inspectorate, Grassroots Mediation Team, and representatives of the family or guardian of the individual proposed may be invited to attend the meeting.

At the meeting, the proposer presents the reasons, lists the violations of the law by the individual proposed for education at commune, ward, town, and the assistance and educational measures already applied to the individual (if any). In cases where necessary, the individual proposed may request to be present and express their opinions. Participants in the meeting express their views and discuss the application of the educational measure to the individual proposed.

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

If necessary, the Chairman of the People's Committee at the commune level may assign the Head of the Police Station at the same level to verify and clarify the violations of the law committed by the individual proposed for education.

Article 9. Based on the recommendations from the meeting provided for in Article 8 of this Regulation, the Chairman of the People's Committee at the commune level shall consider and issue a decision to apply educational measures against the person concerned; depending on the specific individual, the Chairman of the People's Committee at the commune level shall decide to entrust responsibilities to the public security agency, school, social organization, grassroots community unit (hereinafter referred to collectively as the entrusted organization), or family to manage and educate that person.

The decision shall be sent to the person subject to education, their family, and the entrusted organization responsible for managing and educating them.

The decision on education at the commune, ward, town level shall contain provisions as stipulated in Article 58 of the Administrative Violation Handling Ordinance.

Article 10. The entrusted organization shall be responsible for assigning a person directly to assist the person subject to education and report to the Chairman of the People's Committee at the commune level.

The assigned assistant must regularly meet with the person subject to education; through family and friends, understand the reasons and circumstances leading to the violation of the law and the personal aspirations of the person subject to education; help them draft a commitment to rectify their mistakes and monitor the implementation of that commitment.

When the assigned assistant can no longer provide assistance, the entrusted organization responsible for managing and educating must promptly assign another person to replace them and report to the Chairman of the People's Committee at the commune level.

Article 11. Within seven days from the date the decision becomes effective, the entrusted organization responsible for managing and educating must organize a meeting to review the person subject to education.

Depending on the type of person subject to education, the entrusted organization may invite representatives of relevant agencies and organizations at the grassroots level such as the Fatherland Front, Public Security, Women's Union, Farmers' Association, Youth Union, grassroots community units, family representatives, clan representatives, and neighbors to attend the review meeting. The person subject to education must read their self-criticism before the meeting. Attendees will analyze the violations of the person subject to education and offer constructive suggestions to help them improve.

For persons involved in prostitution, the review must be conducted in front of the representative of the women's organization at the grassroots level, the directly assigned assistant, and the family representative of the person.

Article 12. Immediately following the review meeting, the person subject to education must make a commitment with the Chairman of the People's Committee at the commune level, clearly stating their determination and direction to rectify their mistakes. The commitment of a minor aged between 12 and 16 years old must have the opinion of their parents or guardian. For those who cannot write, the commitment must be recorded in a protocol.

The commitment must have the opinion of the assigned assistant, and the person subject to education must personally hand over their commitment to the Chairman of the People's Committee at the commune level.

Article 13. The head of the entrusted organization responsible for managing and educating must frequently exchange and discuss with the assigned assistant to understand the situation and progress of the person subject to education, promptly help them resolve difficulties while implementing this measure; propose appropriate forms of assistance to the Chairman of the People's Committee at the commune level, such as vocational training, job placement, loans, tool and equipment support, creating conditions for business and living; encourage visits when they are sick or when there are family events; report monthly to the Chairman of the People's Committee at the commune level on the work done and the moral improvement of the person subject to education.

Article 14. The person subject to education has the responsibility to strictly implement their commitment, actively correct their mistakes; must study and work honestly and participate in communal activities; every month, they must review themselves before the entrusted organization responsible for managing and educating, reporting on the results of correcting their mistakes and their progress.

Article 15. In cases where the person subject to education is a drug addict or addicted to other stimulants leading to the destruction of family property, interested parties or relevant agencies and organizations may request the Court to consider limiting their civil capacity, then notify the Chairman of the People's Committee at the commune level.

Article 16. During the period of implementing the educational measure, the person subject to education may be absent from their place of residence if there is a valid reason, but each absence should not exceed one month, and the total absence time should not exceed one-third (1/3) of the duration of the educational measure application period; and must comply with the following regulations:

a) In case of absence from the place of residence for up to ten days, they must obtain permission from the Chairman of the People's Committee at the commune level where they reside.

b) In case of absence from the place of residence for more than ten days to one month, they must submit a leave application accompanied by the opinion of the directly assigned assistant; for those under sixteen years old, the opinion of their parents or guardian is required and permission must be obtained from the Chairman of the People's Committee at the commune level where they reside. The Chairman of the People's Committee at the commune level where the person subject to education resides has the responsibility to notify in writing the Chairman of the People's Committee at the commune level where the person temporarily resides to coordinate management and education. Upon completion of the temporary stay period, the person subject to education must prepare a self-criticism report confirmed by the Chairman of the People's Committee at the commune level where they temporarily resided.

The time the person subject to education is absent from their place of residence counts towards the implementation period of the decision if they do not violate the law at the temporary residence location; if there is a violation, the absence time does not count towards the implementation period of the decision.

c) In cases of legitimate reasons such as changing residence, studying, or having stable employment in another locality, the person subject to education must submit a request letter and include the opinion of the directly assigned assistant, confirmed by the People's Committee at the commune level and the agency or organization where they will reside, study, or work. Based on the request letter and the confirmation opinions, the Chairman of the People's Committee at the commune level where the person subject to education resides will grant permission, simultaneously notify in writing and send all the files of the person subject to education to the Chairman of the People's Committee at the commune level where they will reside and inform the agency or organization where they will work to continue managing and educating them.

Article 17. The person subject to education may express their wishes and suggestions to the organization entrusted with the responsibility of managing and educating them or to the local authorities; they have the right to lodge complaints and denunciations regarding actions that violate the law by those individuals involved in deciding and implementing educational measures at commune, ward, town level in accordance with the provisions of the law.

Article 18. For persons subject to education who are minors, the organization entrusted with the responsibility of managing and educating them must closely coordinate with their families, schools, Youth Union, or Young Pioneers to implement appropriate educational forms such as club activities, cultural and artistic activities, labor, physical exercise, and other healthy recreational activities.

Article 19. The head of the police station at the commune level has the responsibility to assist the Chairman of the People's Committee at the same level in establishing, managing files, and monitoring the progress of persons subject to education. The file includes:

a) Curriculum vitae;

b) Document proposing the application of educational measures;

c) Minutes of meetings proposing the application of educational measures; verification reports of the head of the police station at the commune level as stipulated in paragraph 4 of Article 8 of this Regulation (if applicable);

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

đ) Minutes of meetings for review, monthly reports of the organization entrusted with the responsibility of managing and educating;

e) Self-criticism reports and commitment letters to correct violations of persons subject to education;

g) Certificates confirming completion of compliance or decisions to terminate the application of educational measures at commune, ward, town level issued to persons subject to these measures.

Files on education at commune, ward, town level must be strictly managed according to the regime for managing files, documents, and official correspondence of the State.

Article 20. Upon expiration of the period for compliance with educational measures, the Chairman of the People's Committee at the commune level shall issue a certificate confirming completion of compliance to the person subject to education.

The Chairman of the People's Committee at the commune level sends the certificate confirming completion of compliance with educational measures at commune, ward, town level to the person subject to these measures, retains one copy in the file, and simultaneously informs the organizations, individuals entrusted with the responsibility of managing and educating, and the family of the person subject to education.

Article 21. Funds for the implementation of educational measures at commune, ward, town level are allocated from part of the budget of the commune, ward, town; from funds of social evil prevention programs, and are raised through voluntary contributions from economic organizations, social organizations, and the people.

These funds must be used for the purpose of: establishing files, providing loans, supporting livelihoods, treatment, and medical care for persons subject to education; subsidizing individuals assigned to directly assist and other tasks serving educational work at commune, ward, town level.

For drug addicts and prostitutes, the family of the person subject to education at commune, ward, town level or the person themselves are responsible for contributing part of the costs for treatment and medical care; in cases of genuine hardship, they submit a request to the Chairman of the People's Committee at the commune level for consideration and decision on exemption or reduction.

The Ministry of Finance is responsible for guiding and supervising the collection, expenditure, and management of the aforementioned funds.

Chapter III

REWARD - VIOLATION HANDLING

Article 22. Organizations and individuals with outstanding achievements in implementing regulations on education at commune, ward, town level are rewarded according to the general reward system of the State.

During the period of compliance with educational measures at commune, ward, town level, if the person subject to education shows significant progress, the organization entrusted with the responsibility of managing and educating them shall prepare a written proposal, and the Chairman of the People's Committee at the commune level shall issue a decision to terminate the application of educational measures against that person. The issuance of such a decision is carried out in accordance with the provisions of Article 20 of this Regulation.

Article 23. Those with authority in deciding and implementing educational measures at commune, ward, town level who tolerate, cover up, infringe upon the health, reputation, and dignity of persons subject to education, or violate other regulations on education at commune, ward, town level will be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if material damage is caused, they must compensate according to the provisions of the law.

During the period of compliance with educational measures at commune, ward, town level, if the person subject to education again violates the law, they will be subject to administrative penalties at a higher level or criminal liability depending on the nature and severity of the violation.