Circular No. 23/2009/TT-BCA(V19) guiding the implementation of certain provisions of Decree No. 76/2003/NĐ-CP dated June 27, 2003, regulating and providing detailed guidance on the application of measures for placement in educational facilities, and Decree No. 125/2008/NĐ-CP dated December 11, 2008, amending and supplementing certain provisions of Decree No. 76/2003/NĐ-CP.

  

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on and

guiding specifically the application of measures to place individuals in educational facilities and Decree No. 125/2008/NĐ-CP dated December 11, 2008 amending and supplementing certain provisions of Decree No. 76/2003/NĐ-CP

Pursuant to the Administrative Violation Handling Law dated July 2, 2002; the Law Amending and Supplementing Certain Provisions of the Administrative Violation Handling Law dated April 2, 2008;

 

Pursuant to Decree No. 76/2003/NĐ-CP dated June 27, 2003 on regulations and detailed guidance on the application of measures to place individuals in educational facilities; Decree No. 125/2008/NĐ-CP dated December 11, 2008 amending and supplementing certain provisions of Decree No. 76/2003/NĐ-CP dated June 27, 2003;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

To implement uniformly the provisions of the Administrative Violation Handling Law and the Government's decrees on the application of measures to place individuals in educational facilities, the Ministry of Public Security provides detailed guidelines for the implementation of certain specific contents as follows:

I. ON THE IDENTIFICATION OF INDIVIDUALS TO BE PLACED IN EDUCATIONAL FACILITIES

The identification of individuals to be placed in educational facilities must be carried out in accordance with the provisions of the Administrative Violation Handling Law amended and supplemented in 2008 and Article 3 of Decree No. 76/2003/NĐ-CP dated June 27, 2003 on regulations and detailed guidance on the application of measures to place individuals in educational facilities, which have been amended and supplemented by Decree No. 125/2008/NĐ-CP dated December 11, 2008 (hereinafter referred to as Decree No. 76, Decree No. 125), and the guidance provided in this Circular, noting the following points:

1. Clause 3, Article 113 of the Administrative Violation Handling Law amended and supplemented in 2008 stipulates: “

During the detoxification period, recovery period, if an individual who is executing a decision at a medical facility commits violations as specified in point c, Clause 2, Article 24 and Clause 2, Article 25 of this Law, they shall be subject to the measure of placement in a rehabilitation center or educational facility.”At the same time, Clause 2, Article 25 of the Administrative Violation Handling Law 2002 stipulates: “Individuals under 18 years old, women over 55 years old, and men over 60 years old shall not be placed in educational facilities.”Therefore, for individuals who commit violations as specified in Clause 3, Article 113 of the Administrative Violation Handling Law amended and supplemented in 2008 and Clause 3, Article 3 of Decree No. 76 amended and supplemented by Decree No. 125 but are under 18 years old, a file must be established to apply the measure of placement in a rehabilitation center; the measure of placement in an educational facility can only be applied when they commit violations after reaching 18 years old up to 55 years old for women and 60 years old for men.2. The following cases are considered to have no fixed residence:

a) Unable to determine the place of permanent registration or temporary registration and frequently wandering without a stable place of residence;

b) Having a place of permanent registration or temporary registration but not residing there regularly and frequently wandering without a stable place of residence.

3. The following cases are considered to have already undergone community-based education:

a) Currently undergoing community-based education and committing violations as specified in Article 3 of Decree No. 76 amended and supplemented by Decree No. 125;

b) Having completed the decision on community-based education but within the period during which they cannot be considered as having not been administratively penalized and then committing violations as specified in Article 3 of Decree No. 76 amended and supplemented by Decree No. 125.

4. In the case where the last violation has been recorded in an administrative violation record and a file has been established to propose the measure of placement in an educational facility, but upon review, it does not meet the conditions to propose this measure or a proposal has been made but the Chairman of the Provincial People's Committee did not issue a decision on placement in an educational facility, the file must immediately be transferred to the competent authority for administrative penalty to impose penalties according to the law.

5. In the case where an individual commits a violation that falls under both the category of being placed in an educational facility and being placed in a medical facility, it shall be implemented according to Article 113 of the Administrative Violation Handling Law amended and supplemented in 2008 and Article 12 of Decree No. 76 amended and supplemented by Decree No. 125.

If the public security agency has accepted a file proposing placement in an educational facility and discovers that the individual falls under the category of being placed in a medical facility as specified in Article 26 of the Administrative Violation Handling Law 2002, the entire file must immediately be transferred to the competent authority to proceed with the procedures to decide on the application of the measure of placement in a medical facility according to the law.

6. For individuals who have a decision to be placed in a rehabilitation center or are currently executing such a decision and escape, when they are recaptured and have reached 18 years old or older, according to Clause 2, Article 52 of the Administrative Violation Handling Law 2002, the Head of the Public Security Department at the district level shall prepare a document requesting the Chairman of the same-level People's Committee to revoke the decision to place in a rehabilitation center and establish a file to propose placement in an educational facility according to the general procedure without needing the condition of having undergone community-based education.

II. ON THE ESTABLISHMENT OF FILES PROPOSING PLACEMENT IN EDUCATIONAL FACILITIES

II. REGARDING THE PREPARATION OF THE APPLICATION FILE FOR PLACEMENT IN AN EDUCATIONAL FACILITY

1. The establishment of the file for proposing placement in educational facilities must be carried out in accordance with the provisions set forth in Article 9 of Decree No. 76, as amended and supplemented by Decree No. 125; in which, soliciting opinions from the People's Committee Front Committee and related social organizations at the commune level may be done through meetings organized by the Chairman of the Commune People's Committee or by written submissions, depending on specific cases. Opinions from the People's Committee Front Committee and related social organizations must be studied and considered during the process of examining and deciding to establish the file for proposing placement in educational facilities.

2. The police station at the commune, ward, town level shall be responsible for collecting materials and completing the report file to propose to the Chairman of the same-level People's Committee. The Chairman of the Commune, Ward, Town People's Committee shall be responsible for examining and preparing documents to submit to the Chairman of the County People's Committee (through the County Police Station). The County Police Station shall be responsible for reviewing the file and proposing to the Chairman of the same-level People's Committee to submit to the Chairman of the Provincial People's Committee for examination and decision.

III. RESPONSIBILITIES FOR DIRECTING, GUIDING, ESTABLISHING THE FILE FOR PROPOSING PLACEMENT IN EDUCATIONAL FACILITIES AND ORGANIZING THE PERSON TO COMPLY WITH THE DECISION INTO EDUCATIONAL FACILITIES

1. The Director of the Social Order Crimes Investigation Bureau shall be responsible for leading and coordinating with relevant units to assist the leadership of the Public Security General Department and the Ministry of Public Security in directing, guiding, and inspecting the establishment of files for proposing placement in educational facilities and organizing the person to comply with the decision into educational facilities.

2. The Provincial Public Security Director within their functional, task, and authority scope shall be responsible for:

a) Organizing, directing, guiding, and inspecting the application of measures for placement in educational facilities; resolving complaints and reports related to the establishment of files for proposing placement in educational facilities within their jurisdiction;

b) Serving as the permanent member of the Advisory Council on Placement in Educational Facilities (hereinafter referred to as the Advisory Council); in case they cannot participate in the Advisory Council, they shall delegate the Deputy Director in charge of Social Order Crimes to serve as the permanent member of the Advisory Council.

3. The Head of the Social Order Crimes Investigation Department of the Provincial Public Security shall be responsible for:

a) Leading and coordinating with the Legal Affairs Department or the Provincial Public Security Office (Legal Division) and related units to assist the Provincial Public Security Director in examining and establishing files for placement in educational facilities and guiding the Social Order Crimes Investigation Units under the County Public Security in establishing files for proposing placement in educational facilities;

b) At least 7 (seven) working days before convening the Advisory Council meeting, sending copies of the documents from the Chairman of the County People's Committee proposing placement in educational facilities or the documents directly discovered and filed by the Provincial Public Security Agency to the Advisory Council members; a summary of the subject's criminal record and violation behavior, and other related documents for consideration and decision on placement in educational facilities; simultaneously, sending invitations to representatives of the Provincial People's Council or the Provincial People's Committee Office to attend the Advisory Council meeting (along with the aforementioned documents);

c) Implementing the Decision of the Provincial People's Committee Chairman regarding the application of measures for placement in educational facilities:

d) Assisting the Provincial Public Security Director in reviewing and verifying to propose to the Provincial People's Committee Chairman about suspending or exempting compliance with the decision on applying measures for placement in educational facilities;

4. The Head of the County Public Security shall be responsible for:

a) Guiding the Commune Public Security in establishing files for proposing placement in educational facilities;

b) Leading and coordinating with relevant departments to assist the Chairman of the same-level People's Committee in examining and appraising files for proposing placement in educational facilities; promptly reporting and coordinating with the Social Order Crimes Investigation Department to verify and propose solutions for cases with decisions on placement in educational facilities but eligible for suspension or exemption from compliance with the decision;

c) Directing the Social Order Crimes Investigation Team to organize the implementation of the decision on placement in educational facilities of the Provincial People's Committee Chairman according to the assignment of the superior Public Security;

d) Issuing decisions to search for and organize the arrest of individuals evading compliance with the decision on placement in educational facilities.

5. The Social Order Crimes Investigation Forces at all levels shall be responsible for leading and coordinating with relevant units to assist the leadership of the same-level Public Security in examining and establishing files for placement in educational facilities and conducting other related tasks concerning the application of measures for placement in educational facilities.

6. The Head of the Commune, Ward, Town Public Security shall be responsible for assisting the Chairman of the same-level People's Committee in establishing files for proposing placement in educational facilities in accordance with the law; coordinating and implementing guidance and direction from the Provincial Public Security and County Public Security in implementing decisions on placement in educational facilities; organizing the arrest of individuals evading compliance with the decision on placement in educational facilities; managing individuals eligible for suspension or temporary cessation of compliance with the decision on placement in educational facilities.

IV. ADVISORY COUNCIL

1. According to the provisions of Article 10 of Decree No. 76, the composition of the Advisory Council includes:

a) The Provincial Public Security Director – Permanent Member of the Council;

b) The Provincial Justice Director – Member;

c) The Provincial Labor, Invalids, and Social Affairs Director – Member;

d) The Chairman of the Provincial People's Committee Front Committee – Member;

2. Representatives of the Standing Committee of the People's Council or the People's Committee Office at the provincial level shall be invited to attend the Advisory Council meeting but will not participate in voting. In case the representative of the Standing Committee of the People's Council or the People's Committee Office cannot attend, the Advisory Council meeting shall still proceed normally.

V. DECISION ON PLACEMENT IN EDUCATIONAL FACILITIES

1. The Chairman of the Provincial People's Committee shall examine and issue a decision on placement in educational facilities within 7 (seven) working days from the date of receiving the report from the Advisory Council.

2. The decision to place in an educational facility becomes effective from the date of signing and must be immediately sent to the provincial police, provincial People's Council, commune-level People's Committee where the person resides or where the file requesting placement in an educational facility was established, and handed over to the person subject to enforcement of the decision before implementation.

3. The content of the decision to place in an educational facility must clearly state the number, date, month, year of the decision; the name, position of the decision maker; the name, date of birth, occupation, place of residence, violation of the law of the person to whom the measure of placing in an educational facility is applied; the article and clause of the applicable document; the duration and location of enforcement of the decision; the agency responsible for organizing enforcement, the agency cooperating in enforcement; the right to appeal or initiate litigation against the decision to place in an educational facility according to the provisions of the law.

4. In cases where the person to whom the measure of placing in an educational facility is applied is already subject to an education measure at commune, ward, town level or is already subject to a measure of placing in a medical facility, then the decision to place in an educational facility must include the content of revoking the decision on applying the education measure at commune, ward, town level or the decision on placing in a medical facility for that person.

VI. ENFORCEMENT OF THE DECISION TO PLACE IN AN EDUCATIONAL FACILITY

1. Within 5 (five) working days from the date of issuing the decision to place in an educational facility, the Head of the Criminal Investigation Police Department has the responsibility to organize the enforcement of the decision; the enforcement of the decision must be recorded in a record according to the prescribed form; the record is made in two (two) copies, one copy retained by the Criminal Investigation Police Department, one copy sent along with the file for placing in an educational facility.

In cases where the object has a request to postpone or exempt from enforcement of the decision, it must be received and verified immediately; if they meet the conditions for postponement or exemption according to Decree No. 76 and the guidance provided in this Circular, the Head of the Criminal Investigation Police Department must prepare a document to propose the Director of the Provincial Police to report to the Chairman of the Provincial People's Committee to issue a decision to postpone or exempt from enforcement of the decision for that person.

The time for enforcing the decision to place a person in an educational facility is calculated from the day the person to whom this measure is applied is taken to enforce the decision (including travel time and time under management at the provincial police).

2. Files and procedures for placing a person with a decision in an educational facility:

a) The area placing a person in an educational facility must have accompanying files, including:

- The decision to place in an educational facility issued by the Chairman of the Provincial People's Committee;

- A summary of the criminal record and violation of the law of the person to whom the measure of placing in an educational facility is applied;

- A list of persons to whom the measure of placing in an educational facility is applied;

- The decision to manage the object at the provincial police before being placed in an educational facility and other related documents on managing and educating the object (if any);

- The record of enforcement of the decision to place in an educational facility.

b) The handover of the person subject to enforcement of the decision to place in an educational facility must be recorded, in which the health condition of the person being handed over and received must be clearly stated; accompanying files and documents and other issues related to the handover of the object.

3. The person subject to enforcement of the decision to place in an educational facility or the person arrested under the decision to search for, if not voluntarily comply or have acts of resistance, may be handcuffed for escort or other necessary coercive measures may be applied according to the law to compel the object to comply. In cases where the act of resistance indicates signs of a crime, a file must be prepared to request prosecution according to the law.

VII. MANAGEMENT OF OBJECTS WITHOUT A FIXED RESIDENCE WHO HAVE SHOWN SIGNS OF HIDING AND CAUSING DIFFICULTIES FOR THE PROCESS OF ESTABLISHING FILES FOR PLACEMENT IN AN EDUCATIONAL FACILITY AND THE PERSON SUBJECT TO ENFORCEMENT OF THE DECISION BEFORE BEING PLACED IN AN EDUCATIONAL FACILITY AT THE PROVINCIAL POLICE.

1. Management of objects without a fixed residence who have shown signs of hiding and causing difficulties for the process of establishing files for placement in an educational facility:

Clause 6 Article 9 of Decree No. 76, amended and supplemented by Decree No. 125 provides that during the period of establishing files, if the object does not have a fixed residence and engages in acts of evasion, causing difficulties for the process of establishing files for placement in an educational facility, the Head of the County Police must prepare a report to the Director of the Provincial Police to issue a decision to manage them at the provincial police for a period not exceeding 15 (fifteen) days according to Clause 3 Article 14 of Decree No. 76, amended and supplemented by Decree No. 125 to establish files for placement in an educational facility. To avoid wrongful or incorrect management of the object, the proposal, review, and decision-making on the management of such objects must be very cautious and only implemented when all the following conditions are met:

a) It must be an object without a fixed residence and meeting the conditions for application of the measure of placing in an educational facility;

b) There must be evidence showing that the object has shown signs of hiding and causing difficulties for the process of establishing files for placement in an educational facility.

The management of such objects and the treatment and policies for those managed must be carried out strictly in accordance with Clause 3 Article 14 of Decree No. 76, amended and supplemented by Decree No. 125 and the guidance provided in Clauses 3, 4, 5, and 6 Section VII of this Circular.

2. Management of persons with a decision to place in an educational facility at the provincial police to carry out necessary procedures before being placed in an educational facility:

According to Clause 3 Article 14 of Decree No. 76, amended and supplemented by Decree No. 125 and Clause 4 Article 17 of Decree No. 76, the management of objects with a decision to place in an educational facility at the provincial police before placing them in an educational facility can only be applied in the following cases:

c) There must be time to prepare name records, fingerprint, take photographs, or carry out other necessary procedures before they are admitted to the educational facility. The Case File Department of the Police is responsible for coordinating with relevant units to prepare name records, fingerprint, and photograph the subject (in color or black and white, size 3cm x 4cm) to supplement their file completely before admitting them to the educational facility.

b) Subjects apprehended pursuant to a search warrant decision shall be transferred to the provincial police for management during the waiting period for the responsible agency to come and accept the subject for admission to the educational facility.

3. The decision on managing the subject mentioned in Clause 1 and Clause 2, Section VII of this Circular shall be signed by the Director of the Provincial Police (or Deputy Director authorized), including the number, date, month, and year of the decision; the name, position of the person making the decision; the name, date of birth, occupation, place of residence of the person being managed; the reason, article, clause of the applicable document; the management period, the agency responsible for implementing the decision. The management period does not exceed fifteen (15) days and is counted towards the execution period at the educational facility.

4. The Provincial Police is responsible for organizing the management and arranging the location for managing the above subjects appropriately; there must be a separate room for managing the subject, with a sign outside the door stating:"Room for managing subjects admitted to the educational facility";

It is strictly prohibited to manage the above subjects together in the same room with subjects detained or imprisoned under criminal procedure or to manage males and females together in the same room or manage them in places that do not ensure hygiene and safety for the subjects.

5. The living and eating conditions of the above subjects during the management period at the Provincial Police shall be the same as those of inmates at the educational facility; the expenses shall be covered by the state budget in the annual budget of the Ministry of Public Security.

6. In case the subject dies during the management period at the Provincial Police, the head of the unit managing the subject must immediately report to the Investigation Agency and the People's Procuracy at the same level to determine the cause of death and handle it according to the law; at the same time, they must immediately inform the family of the deceased.

Within twenty-four hours from completing the aforementioned procedures, if the family of the deceased does not come to claim the body, the unit managing the subject is responsible for organizing the funeral; the funeral expenses shall be covered by the state budget.

VIII. SEARCHING FOR AND DETAINING SUBJECTS EVADING EXECUTION OF THE DECISION TO ADMIT INTO AN EDUCATIONAL FACILITY

Searching for and detaining subjects evading execution of the decision to admit into an educational facility must be carried out in accordance with the provisions of Article 17 of Decree No. 76 and the guidance provided in this Circular.

1. In cases where the person required to execute the decision to admit into an educational facility escapes before the decision is executed, the Head of the County Police (where the person resides or where the file was established) shall issue a search warrant. In cases where the Provincial Police has accepted the subject for transfer to execute the decision but the subject escapes during escort or while being managed at the Provincial Police, the Provincial Police shall transfer the file and related documents (decision to admit into the educational facility, record of the subject's escape, and other related documents) to the County Police to issue a search warrant.

2. In cases where an inmate of the educational facility escapes, the Director of the Educational Facility shall issue a search warrant. The time spent escaping from the educational facility shall not be counted toward the execution period.

3. Depending on specific circumstances, the search warrant may be sent to the public security agencies and local people's committees where necessary to facilitate the search and arrest of the subject.

IX. SUSPENSION, EXEMPTION FROM EXECUTION OF THE DECISION; SUSPENSION OF THE DECISION TO ADMIT INTO AN EDUCATIONAL FACILITY

1. A person who has been decided to be admitted into an educational facility but has not yet executed the decision at the educational facility may be suspended from executing the decision if they fall into one of the following situations:

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

b) Pregnant, with certification from a health center or hospital at the county level or higher, or women nursing children under thirty-six months old, with a request letter and birth certificate of the child under thirty-six months old.

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

2. The suspension period shall be as follows: For seriously ill persons or families facing extraordinary difficulties, they may be suspended until recovery or resolution of the extraordinary difficulties; for women nursing children, they may be suspended until the child reaches thirty-six months old.

When the suspension period ends or when the condition for suspension no longer exists, the person subject to the measure of admission to the educational facility must voluntarily go to the public security agency to be escorted to execute the decision; if they do not comply voluntarily, they will be forcibly executed.

Public security agencies at all levels are responsible for assisting the local people's committees in regularly inspecting and supervising persons whose execution of the decision has been suspended; when the condition for suspension no longer exists, they must promptly report to the responsible agency to escort them to execute the decision to admit into the educational facility; the Criminal Investigation Police Department is responsible for leading and coordinating with the County Police to organize the escort of the above subjects to the educational facility.

3. A person who has been decided to be admitted into an educational facility but has not yet executed the decision at the educational facility may be exempted from executing the decision if they fall into one of the following situations:

a) Suffering from a serious illness (with certification from a health center or hospital at the county level or higher) or suffering from mental illness (with a conclusion from an authorized appraisal agency);

b) During the suspension period of the decision to admit into the educational facility, showing significant progress in complying with the law or meritorious service.

The following situations are considered to be:Significant progress in compliance with the law” or “meritorious service”:

- “Significant progress in compliance with the law"shall be demonstrated through specific actions such as: sincerely repenting, actively working and studying, participating in local community movements, strictly adhering to the Party's guidelines and policies, the State’s laws, receiving commendation certificates from People's Committees at district level or higher, and having confirmation from People's Committees at commune level.

- “Seriously ill person"shall be demonstrated through specific actions such as: reporting very serious or particularly serious criminal acts; courageously rescuing people or valuable assets of the State, collective entities, or individuals; proposing significant technical improvements recognized by competent authorities at provincial level or higher; achieving outstanding results in mass movements for national security protection and receiving commendation certificates from public security agencies or People's Committees at district level or higher.

A subject currently on hold regarding the execution of a decision to enter an educational institution shall only be considered for exemption from execution when the period held has been at least half of the term specified in the decision to enter the educational institution; in cases of meritorious service, early consideration may be granted.

4. The Chairman of the Provincial People's Committee shall examine and decide on the suspension or exemption from execution of the decision for those who have received a decision to enter an educational institution but have not yet entered the institution to execute the decision, based on their application and the opinion of the People's Committee of the commune where they reside; in necessary cases, the Chairman of the Provincial People's Committee may assign the Public Security Bureau at the same level to investigate and verify each specific case before making a decision.

5. In cases where the person required to execute the decision to enter an educational institution dies before the execution, the Director of the Provincial Public Security Bureau shall report to the Chairman of the same-level People's Committee to issue a decision to suspend the execution of that decision.

X. SUSPENSION OF EXECUTION, REDUCTION OF THE TERM OF EXECUTION OF THE DECISION TO ENTER AN EDUCATIONAL INSTITUTION; EXEMPTION FROM EXECUTION OF THE REMAINING PERIOD FOR RESIDENTS OF EDUCATIONAL INSTITUTIONS

1. In cases where a resident is seriously ill and has a family guarantee letter, they may be temporarily suspended from executing the decision to return home for treatment. In this case, the Director of the educational institution shall prepare a file for submission, including medical records or copies of medical records from health centers or hospitals at district level or higher, to be sent to the Prison Management Department, Educational Institutions, and Training Schools for review and decision.

The treatment time shall be counted towards the term of execution; if, after recovery, the remaining term of execution is three months or more, the individual must continue to execute the decision at the educational institution.

2. Female residents who are pregnant (with a certificate from a hospital or health center at district level or higher) or nursing a child under 36 months old (with a birth certificate of the child under 36 months old) may be temporarily suspended from executing the decision. The Director of the educational institution shall prepare a file for submission to the Prison Management Department, Educational Institutions, and Training Schools for review and decision. The suspension period shall not be counted towards the term of execution. If during the suspension period, the individual shows clear progress or performs meritorious service as stipulated in this Circular, the Director of the educational institution shall prepare a file for exemption from execution of the remaining period for that resident.

3. Residents suffering from terminal illnesses shall be exempted from executing the remaining period. The Director of the educational institution shall establish a Review Board (comprising members as specified in Clause 8 of this Article) and prepare a file for exemption from execution of the remaining period for the resident, with medical records or copies of medical records from health centers or hospitals at district level or higher (confirming that the individual suffers from a terminal illness) to be sent to the Prison Management Department, Educational Institutions, and Training Schools for review and decision.

4. Within 7 (seven) working days from the date of receipt of the file submitted by the educational institution, the Director of the Prison Management Department, Educational Institutions, and Training Schools shall review and decide on the temporary suspension or exemption from execution of the remaining period for the cases mentioned in Clauses 1, 2, and 3 of this Article.

The decision on temporary suspension or exemption from execution of the remaining period for residents must be sent to the educational institution, the person required to execute the decision, the People's Committee at the provincial level which issued the decision to enter the educational institution, the Public Security Bureau at the district level, and the People's Committee at the commune level where the person resides for monitoring and management.

5. Within 5 (five) working days from the date of signing the decision or 3 (three) days from the date of returning to the locality, the person temporarily suspended from executing the decision to enter the educational institution or exempted from executing the remaining period must report to the People's Committee at the commune level where they reside; in cases of serious illness or terminal illness where they cannot report themselves, relatives of the person must report to the Chairman of the People's Committee at the commune level.

6. In cases where a resident temporarily suspended from executing the decision as mentioned in Clause 1 and Clause 2 of this Article dies, the family must immediately inform the People's Committee at the commune level and the educational institution (along with a copy of the death certificate confirmed by the People's Committee at the commune level). The Director of the educational institution shall prepare a report to send to the Prison Management Department, Educational Institutions, and Training Schools and notify the People's Committee at the provincial level which issued the decision to enter the educational institution.

7. A resident who has served half of the term specified in the decision to enter the educational institution and shows clear progress or performs meritorious service may be considered for reduction or exemption from execution of the remaining period.

8. The educational institution shall establish a Board to review the reduction of the term or exemption from execution of the remaining period for residents; the composition of the Board includes:

- The Director of the educational institution – Chair of the Board;

- Deputy Director of the educational institution responsible for educational work – Vice-Chair of the Board;

- Head of the Education, File, and Ward Team – Secretary Member;

- Head of the Surveillance and Base Duty Team – Member;

- Resident File Officer – Member;

- Commandant of the Educational Institution Security Police Force – Member;

- The head of the infirmary or the directly treating physician - Member (if the subject requesting exemption from serving the remaining time is a person suffering from a serious illness).

For educational facilities with multiple zones, the Director of the Department of Education shall issue a decision to establish a Sub-committee for considering reduction or exemption from serving the remaining time at each zone, with the Deputy Director responsible for that zone serving as the Head of the Sub-committee. The Sub-committee consists of: Zone Head, Education Team Leader, file officer, warden (serving as secretary), surveillance officers, and educators from the zone, and the warden directly responsible for the inmate team. The Sub-committee is responsible for reviewing proposals from the teams directly managing inmates regarding the reduction or exemption from serving the remaining time at the educational facility and preparing a report to submit to the Committee for considering reduction or exemption from serving the remaining time for inmates.

9. Based on the criteria, conditions, and results of study and discipline of the inmates, every four months (except in cases requiring urgent review), the Committee for considering reduction or exemption from serving the remaining time at the educational facility shall organize meetings to review each specific case. When the Committee convenes, the Education Team Leader, file officer, and warden must present detailed information and propose the level of reduction or exemption for each individual. Following this, the Committee will deliberate, decide, and prepare a proposal to send to the Prison Management Bureau, educational facility, and juvenile rehabilitation center for further consideration and decision. The proposal for exemption or reduction of time served at the educational facility includes the minutes of the Committee meeting, the educational facility's recommendation report, a list of inmates proposed for review and reduction, and other relevant documents.

10. Within seven working days from the date of receipt of the educational facility's dossier, the Prison Management Bureau, educational facility, and juvenile rehabilitation center must establish a Review Committee chaired by the Director or Deputy Director authorized, with members including the Head of the Monitoring Department at the educational facility and juvenile rehabilitation center serving as the Standing Member, the Deputy Head of the Monitoring Department serving as the Secretary; representatives from the Surveillance Department and staff directly monitoring the educational facility serving as Members. Representatives from the educational facility and the Education Team Leader, file officer, and warden of the educational facility are invited to attend the meeting to directly report each case to the Committee.

When reviewing cases involving individuals who have committed acts of violation as stipulated in point d, point e, Clause 1, Article 3 of Decree No. 76 amended and supplemented by Decree No. 125, the Chairperson of the Committee for considering reduction or exemption must invite representatives from related units under the Ministry of Public Security to participate or seek their opinions in writing.

The Committee bases its review on the educational facility's proposal dossier and compares it with the prescribed conditions and criteria to recommend levels of reduction or exemption for each case.

The Director of the Prison Management Bureau, educational facility, and juvenile rehabilitation center reviews and issues a decision to reduce the term or exempt from serving the remaining time for inmates within five days after convening the Committee.

The decision to reduce the term of execution is sent to the educational facility for record-keeping and notification to the inmate. The decision to exempt from serving the remaining time is sent to the educational facility and the person exempted; it is also sent to the People's Committee of the province where the decision was made to place the person in the educational facility, the police at the district level, and the People's Committee of the commune where they reside. The person exempted from serving the remaining time at the educational facility is responsible for reporting to the People's Committee of the commune according to Clause 5, Section X of this Circular.

11. In cases where inmates have been proposed for reduction or exemption from serving the remaining time, but during the period awaiting competent authority's review and decision, if they commit criminal offenses or seriously violate the rules of the educational facility, the Director of the educational facility is responsible for convening the Committee, preparing a report immediately to the Prison Management Bureau, educational facility, and juvenile rehabilitation center to request removal of the inmate from the list of those considered for reduction or exemption; if a decision has already been made for reduction or exemption but not yet implemented, then a request to revoke the decision is made.

XI. EXTRADITION OF INMATES

1. The extradition of inmates can only be carried out upon a written request from the competent criminal prosecution agency as provided for in Article 23 of Decree No. 76. The request for extradition must clearly state the name, date of birth, reason, and duration of the requested extradition; the decision number for placement in the educational facility, the date, month, year, and the decision maker. If the request comes from the Prosecutor's Office or Court, there must also be a letter of request from the same-level public security agency. Upon receiving a written request from the competent criminal prosecution agency, the Director of the educational facility issues an extradition decision and hands over the inmate with the extradition decision to the public security officer assigned to receive the inmate. The public security officer receiving the extradition must have a People's Public Security Identity Card and an introduction letter from a public security agency at the district level or higher.

The extradition period of the inmate is counted towards the time served at the educational facility.

2. At the end of the extradition period, the requesting agency is responsible for returning the inmate to the educational facility. If there is a request to extend the extradition period, the head of the competent criminal prosecution agency must submit a written request to the Director of the educational facility to issue an extension of the extradition period for the inmate. The educational facility must report in writing about the extension of the extradition period to the Prison Management Bureau, educational facility, and juvenile rehabilitation center for monitoring.

XII. ESTABLISHMENT AND MANAGEMENT OF EDUCATIONAL FACILITIES

1. The Minister of Public Security decides on the establishment, merger, or dissolution of educational facilities nationwide.

2. Educational institutions shall be established on a regional basis. For provinces and centrally-administered cities that annually have 500 or more individuals to be admitted into educational institutions, they may propose plans to the Minister of Public Security for consideration and decision to establish such institutions within those provinces or cities. The plan for establishing an educational institution proposed by the Chairman of the People's Committee of the province or centrally-administered city must clearly specify the scale, location, construction costs, and other issues related to the establishment and operation of the educational institution.

3. The Director and Deputy Director of the educational institution must hold a degree from one of the following academies or universities: Police Academy, People's Security Academy, Law University, Pedagogical University, Social Sciences and Humanities University, and must possess knowledge and experience in managing and educating law violators.

XIII. DIET, CLOTHING, VISITING RELATIVES; RECEIVING AND SENDING LETTERS; RECEIVING MONEY AND GIFTS FROM INMATES

1. The diet and clothing of inmates in educational institutions shall be implemented according to the provisions of Article 28 of Decree No. 76, amended and supplemented by Decree No. 125.

Based on actual conditions and the need to ensure the health of inmates through proper dietary care, the Director of the educational institution may adjust and exchange usage quotas among different types of food to ensure that the inmates consume all food items according to the prescribed standards.

2. The visiting relatives, receiving and sending letters, and receiving money and gifts from inmates in educational institutions must be carried out strictly in accordance with the provisions of Article 33 of Decree No. 76, amended and supplemented by Decree No. 125, and the guidance provided in this Circular.

When meeting relatives, inmates may receive gifts, letters, and money. However, cash must be deposited with the custody department of the educational institution. Inmates are allowed to send two letters per month and receive one package of gifts not exceeding 7 kilograms (seven kilograms), with all letters and gifts subject to inspection by the educational institution. Inmates are permitted to communicate with their relatives within the country via telephone once or twice a month, each call not exceeding five minutes, as specified by the Director of the Prison Management Department, educational institutions, and rehabilitation schools.

XIV. REWARDING AND DISCIPLINING INMATES

1. Rewarding and disciplining inmates must be carried out strictly in accordance with the provisions of Article 34 of Decree No. 76. Decisions on rewarding and disciplining must be in writing and recorded in the inmate's file.

2. Proposing a file for considering and deciding to apply the measure of admitting into an educational institution as stipulated in Clause 2 of Article 34 of Decree No. 76 can only be applied in cases of real necessity and must pay attention: The behavior of the inmate violating the law must be persistent and have been subjected to disciplinary measures three times or more, but still refuses to correct and continues to violate the law as stipulated in Article 3 of Decree No. 76, amended and supplemented by Decree No. 125, and guided at Section I of this Circular, then a file proposing to consider applying the measure of admitting into an educational institution should be prepared. The composition of the Council for considering the proposal to apply the measure of admitting into an educational institution shall be conducted as for the Council for considering reduction of time served or exemption from remaining time served for inmates as stipulated in Clause 8 of Section X of this Circular.

The file proposing to apply the measure of admitting into an educational institution for the above case includes:

a) Minutes of the Disciplinary Council meeting of the educational institution regarding the proposal to apply the measure of admitting into an educational institution;

b) Report and proposal to apply the measure of admitting people into an educational institution;

c) Summary of the inmate's record, minutes, and documents about the inmate's violations of the law;

d) Minutes of the inmate's disciplinary violations, decisions on disciplining the inmate, and other relevant documents concerning the inmate's violation of the law.

3. The Director of the educational institution must submit the file proposing admission into an educational institution to the Prison Management Department, educational institutions, and rehabilitation schools for review. Within ten working days from the date of receipt of the proposal file, the Director of the Prison Management Department, educational institutions, and rehabilitation schools has the responsibility to take the lead and coordinate with relevant units to review the file. If the conditions for applying the measure of admitting into an educational institution are met, a written proposal must be made to the Chairman of the Provincial People's Committee where the educational institution is located for consideration and decision. The decision on applying the measure of admitting into an educational institution in this case shall be sent to the educational institution that submitted the proposal file for organization and implementation, and announcement to the person who must comply with the decision, while also sending it to the Provincial People's Committee that previously decided to admit the person into the educational institution and the People's Committee of the locality where the person resides for information.

In the event that the inmate's term of serving the decision to be admitted into an educational institution expires without a decision from the Chairman of the Provincial People's Committee where the educational institution is located regarding the application of the measure of admitting into an educational institution, the Director of the educational institution must immediately process the necessary procedures to release them from the educational institution according to regulations.

XV. MANAGEMENT AND USE OF LABOR RESULTS OF EDUCATIONAL INSTITUTIONS

1. The labor results of educational institutions must be uniformly managed and used in accordance with the provisions of Article 31 of Decree No. 76 and other relevant laws; strict adherence to accounting records and bookkeeping regulations must be observed.

2. After deducting reasonable expenses as prescribed by law from the labor results of educational institutions, the remainder shall be used as follows:

- 30% for investment in production development and construction of infrastructure of the educational institution.

- 25% for supporting medical examinations, treatment, and additional food supplements for inmates.

- 20% for educational activities, vocational guidance, and training (building educational programs, purchasing and printing learning materials, stationery, learning equipment, and hiring external teachers if necessary).

- 10% for welfare funds of the educational institution, for cultural, artistic, and sports activities of the educational institution.

- 08% for rewarding inmates with outstanding achievements in discipline, labor, and study.

- 05% for rewarding staff and soldiers with achievements in managing and educating inmates.

- 02% shall be submitted to the Prison Camp Management Department for a common reward fund for educational facilities and other related management activities.

The revenue from exceeding targets and quotas by inmates shall be used as follows:

- 70% shall be allocated for supplementary benefits for inmates who exceed their assigned targets and quotas.

- 20% shall be allocated for supplementary benefits for officers and soldiers of educational facilities who have achievements in directing and managing inmates working beyond their assigned quotas.

- 10% shall be used for welfare funds of the educational facility.

Specifically, regarding the use of production results of educational facilities for investment in development and construction of infrastructure, 30% must be reported in writing by the Director of the educational facility to the Prison Camp Management Department for approval before implementation.

3. Educational facilities must report periodically every six months and annually on the production situation and results, management and utilization of labor outcomes to the Ministry (through the Logistics General Department, Financial Department, Prison Camp Management Department).

4. The Prison Camp Management Department has the responsibility to coordinate with the Logistics General Department and Financial Department to monitor, inspect, and guide educational facilities in complying with legal regulations on the management and utilization of labor outcomes, and to report annually to the leadership of the Ministry of Public Security.

XVI. FUNDS TO ENSURE THE IMPLEMENTATION OF EDUCATIONAL FACILITY MEASURES

1. Funds to ensure the implementation of measures for placement in educational facilities are allocated in the annual budget of the Ministry of Public Security, including:

a) Funds to ensure the establishment and review of files, organization of placement, search and arrest of escapees; for management, food, clothing, living, and medical care for individuals during their time under provincial police supervision;

b) Funds for investment in infrastructure construction, procurement of equipment and means, and operation of educational facilities; for food, clothing, accommodation, education, vocational training, cultural and sports activities, disease prevention, treatment, and drug rehabilitation for inmates;

c) Funds for other expenses related to the implementation of placement measures in educational facilities.

2. The preparation of regular funding estimates to ensure the implementation of placement measures in educational facilities shall be carried out as follows:

a) Police stations at the commune level prepare funding estimates and submit them to the police station at the district level; the district-level police station compiles and reports to the provincial police station. Based on the proposals from the district-level police station and relevant units, the provincial police station prepares funding estimates for placement measures in the locality and submits them to the Financial Department;

b) Educational facilities prepare funding estimates for investment in infrastructure construction, procurement of equipment and means, and operation of the facility; for food, clothing, accommodation, education, disease prevention, treatment, and drug rehabilitation for inmates, and for other activities of the facility, and submit reports to the Prison Camp Management Department. Based on the proposals from the educational facilities, the Prison Camp Management Department prepares overall funding estimates for educational facilities and submits them to the Financial Department;

c) Based on the funding estimates from the provincial police stations and the Prison Camp Management Department, the Financial Department prepares overall funding estimates to ensure the implementation of placement measures in educational facilities, and submits them for consideration and decision by the leadership of the Ministry of Public Security.

XVII. EFFECTIVE DATE AND IMPLEMENTATION

1. This Circular takes effect from June 8, 2009, and replaces Circular No. 02/2004/TT-BCA(V19) dated February 2, 2004, of the Ministry of Public Security guiding the implementation of certain provisions of Decree No. 76/2003/NĐ-CP dated June 27, 2003, concerning specific regulations on the application of placement measures in educational facilities.

2. The Directors of the Criminal Police General Corps, Logistics General Corps, Prison Camp Management Department, Financial Department, Inspectorate General, and Legal Affairs Department within their respective functions and duties, are responsible for coordinating with relevant units to direct, inspect, audit, and guide the implementation of this Circular.

3. Annually, local public security units must summarize and report to higher-level public security units on the results of implementing placement measures in educational facilities; promptly rewarding collectives and individuals with achievements and correcting cases where the measures have not been properly implemented.

4. The Directors of the General Corps, heads of units directly under the Minister, and Provincial Public Security Directors, within their respective functions and duties, are responsible for organizing the implementation of this Circular./.