Circular No. 20/2014/TT-BTP promulgates forms to be used during the implementation of administrative measures for educational treatment at commune, ward, town level and alternative management at home for minors pursuant to Government Decree No. 111/2013/NĐ-CP.
Scope of application
Agencies, organizations, and individuals related in the process of establishing files for application, reviewing decisions, and enforcing decisions on applying administrative measures for educational treatment at commune, ward, town level; managing at home for minors.
Key points
- Agencies, organizations, and individuals shall use the forms stipulated in this Circular when establishing files for application of administrative measures for educational treatment at commune, ward, town level (Article 2).
- Issuing 29 different forms to serve the process of reviewing decisions and enforcing decisions on applying administrative measures for educational treatment at commune, ward, town level; managing at home for minors (Article 2).
- Agencies, organizations, and individuals must ensure uniformity and completeness of contents as prescribed when using forms (Article 3).
- This Circular replaces the previously issued forms for use in the process of establishing files for application, reviewing decisions, and enforcing decisions on applying administrative measures for educational treatment at commune, ward, town level (Article 4.2).
- This Circular takes effect from November 10, 2014.
🌐 Social impact of this document
- Facilitating the application of administrative measures for educational treatment at commune, ward, town level and managing at home for minors.
- Helping competent agencies to perform management and supervision more easily.
- It may impose additional burdens on organizations and individuals concerned when they have to comply with the new form regulations.
❓ Frequently asked questions
When does this Circular take effect?
Circular No. 20/2014/TT-BTP takes effect from November 10, 2014.
What forms are replaced by the forms issued in this Circular?
Circular No. 20/2014/TT-BTP replaces the previously issued forms for use in the process of establishing files for application, reviewing decisions, and enforcing decisions on applying administrative measures for educational treatment at commune, ward, town level.
Which agencies must comply with this Circular?
Agencies, organizations, and individuals related in the process of establishing files for application, reviewing decisions, and enforcing decisions on applying administrative measures for educational treatment at commune, ward, town level; managing at home for minors.
How many forms are issued in this Circular?
Issuing 29 different forms to serve the process of reviewing decisions and enforcing decisions on applying administrative measures for educational treatment at commune, ward, town level; managing at home for minors.
What responsibilities do agencies have when using forms?
Must ensure uniformity and completeness of contents as prescribed when using forms (Article 3).
Full text
CIRCULAR
Issuing forms to be used in the process of applying administrative measures
for educational discipline at commune, ward, town level, and alternative measures for administrative management at home for minors as prescribed by
Decree No. 111/2013/NĐ-CP dated September 30, 2013 of the Government on the regime of applying administrative measures for educational discipline at commune, ward, town level
Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13 dated June 20, 2012;
At the proposal of the Director of the Department of Administrative Violation Handling and Legal Supervision, Ministry of Justice;
__________________
The Minister of Justice issues this Circular stipulating forms to be used in the process of applying administrative measures for educational discipline at commune, ward, town level, and measures for alternative administrative management at home for minors as follows:
Based on Decree No. 111/2013/NĐ-CP dated September 30, 2013, issued by the Government, concerning the system of administrative measures for compulsory education in communes, wards, and towns;
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;
This Circular issues types of forms for relevant agencies, organizations, and individuals to use in the process of establishing files for requesting, examining decisions, and implementing decisions on applying administrative measures for educational discipline at commune, ward, town level, and examining decisions and implementing decisions on managing at home for minors. Forms for use by the People's Public Security forces shall be implemented in accordance with the regulations of the Minister of Public Security.
Article 2. Issuing forms
Article 1. Scope of Regulation and Applicability
Attached to this Circular are 29 forms as follows:
1. Form No. 01: Request for establishing a file to apply educational measures at commune, ward, town level;
2. Form No. 02: Notification of transferring the file for applying educational measures at commune, ward, town level;
3. Form No. 03a: Statement of the violator proposed to apply educational measures at commune, ward, town level;
4. Form No. 03b: Statement of the violator proposed to apply management measures at home;
5. Form No. 04: Report on checking the legality of the file for applying educational measures at commune, ward, town level;
6. Form No. 05a: Decision on applying educational measures at commune, ward, town level;
7. Form No. 05b: Decision on applying management measures at home;
8. Form No. 06a: Decision on not applying educational measures at commune, ward, town level;
9. Form No. 06b: Decision on terminating management measures at home;
10. Form No. 07a: Decision on assigning persons directly responsible for managing, educating, and assisting those subject to educational measures at commune, ward, town level;
11. Form No. 07b: Decision on assigning persons to cooperate with families in implementing management measures at home;
12. Form No. 08a: Plan for managing, educating, and assisting those subject to educational measures at commune, ward, town level;
13. Form No. 08b: Plan for managing and supervising minors complying with management measures at home;
14. Form No. 09a: Commitment letter of those subject to educational measures at commune, ward, town level;
15. Form No. 09b: Commitment letter of parents or guardians of minors proposed to apply management measures at home;
16. Form No. 10: Minutes of meeting to provide opinions on those currently implementing educational measures at commune, ward, town level;
17. Form No. 11: Report on the results of supervising education and assistance for those subject to educational measures at commune, ward, town level;
18. Form No. 12: Report of those subject to educational measures on compliance with the decision on applying educational measures at commune, ward, town level;
19. Form No. 13a: Application for permission to be absent from place of residence (those currently implementing educational measures at commune, ward, town level);
20. Form No. 13b: Application for permission to be absent from place of residence (minors currently implementing educational measures at commune, ward, town level);
21. Form No. 14a: Application for permission to change place of residence (those currently implementing educational measures at commune, ward, town level);
22. Form No. 14b: Application for permission to change place of residence (minors currently implementing educational measures at commune, ward, town level);
23. Form No. 15: Decision on temporarily suspending the implementation of the decision on applying educational measures at commune, ward, town level in cases where criminal responsibility is pursued for crimes committed before or during the period of implementing educational measures at commune, ward, town level;
24. Form No. 16: Application for exemption from serving the remaining time of the decision on applying educational measures at commune, ward, town level;
25. Form No. 17: Decision on exempting from serving the remaining time of the decision on educational measures at commune, ward, town level;
26. Form No. 18: Certificate of completion of the decision on educational measures at commune, ward, town level;
27. Form No. 19: Notification of transferring the file on applying educational measures at commune, ward, town level for continued implementation;
28. Form No. 20: Record of progress of those subject to educational measures at commune, ward, town level;
29 ||| Form No. 21: Statistical form of the number of people subject to educational measures at commune, ward, town level.
Agencies, organizations, and individuals using the forms prescribed in Article 2 of this Circular must ensure consistency and completeness of contents as prescribed.
1. This Circular takes effect from November 10, 2014.
1. Agencies, organizations, and individuals when using the forms prescribed in Article 3 of this Circular must ensure completeness of content, uniformity in form, and size as specified in each form.
2. This Circular replaces previous forms for use in the process of establishing files for requesting, examining decisions, and implementing decisions on applying administrative measures for educational discipline at commune, ward, town level.
Article 4. Effective date
3. In the course of implementation, if there are difficulties, obstacles, or new issues arising, agencies, organizations, and individuals are requested to promptly report to the Ministry of Justice for study, amendment, and supplementation to be appropriate./.
2. This Circular issues forms to replace previously issued forms for use in the process of preparing application files, examining and deciding on administrative educational measures at commune, ward, and town levels.
3. During the implementation process, if there are difficulties, obstacles, or new issues arise, it is requested that agencies, organizations, and individuals promptly report them to the Ministry of Justice for study, amendment, and supplementation as necessary./.
DEPUTY MINISTER
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