Consolidated Document number 2800/VBHN-BTP stipulates the regime for applying administrative educational measures at commune, ward, town level.

MINISTRY OF JUSTICE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------------
Number: 2800/VBHN-BTP	Hanoi, August 29, 2016

DECREE

REGULATIONS ON THE APPLICATION OF EDUCATIONAL ADMINISTRATIVE SANCTIONS AT COMMUNES, WARD, AND TOWN

Decree No. 111/2013/NĐ-CP dated September 30, 2013 of the Government on the application regime of educational administrative sanctions at communes, wards, and towns, which took effect from November 15, 2013, was amended and supplemented by:

Decree No. 56/2016/NĐ-CP dated June 29, 2016 of the Government amending and supplementing certain articles of Decree No. 111/2013/NĐ-CP dated September 30, 2013 of the Government on the application regime of educational administrative sanctions at communes, wards, and towns, which took effect from August 15, 2016.

Pursuant to the Government Organization Law dated December 25, 2001;

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

At the proposal of the Minister of Justice,

The Government promulgates this Decree on the application regime of educational administrative sanctions at communes, wards, and towns1.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the examination and decision-making process for applying educational administrative sanctions at communes, wards, and towns (hereinafter referred to as educational sanctions at communes, wards, and towns); the examination and decision-making process for transferring to apply substitute administrative violation management measures at home for minors (hereinafter referred to as management at home).

Article 2. Principles of Application

1. Promptly, openly, objectively, and fairly; within the scope of authority, target, procedures, and formalities prescribed by the Law on Handling Administrative Violations and this Decree.

2. Not infringing upon health, honor, personality; respecting and protecting the privacy of individuals subject to educational sanctions at communes, wards, and towns and minors subject to management at home.

Not publicizing the organization, content, results of advisory meetings, files, and enforcement decisions of educational sanctions at communes, wards, and towns for minors.

3. The competent authority applying educational sanctions at communes, wards, and towns has the responsibility to prove administrative violations. Individuals subject to educational sanctions at communes, wards, and towns have the right to themselves or through their lawful representatives to prove that they do not fall under the category subject to educational sanctions at communes, wards, and towns.

4. Ensuring the participation of agencies, organizations, and individuals in the community, schools, and families in assisting and educating individuals subject to educational sanctions at communes, wards, and towns.

5. The decision on the duration of applying educational sanctions at communes, wards, and towns must be based on the nature, degree, consequences of the violation, the violator's background, mitigating circumstances, aggravating circumstances.

6. Educational sanctions at communes, wards, and towns shall only be applied to minors when necessary to educate and assist them in correcting mistakes, developing healthily, and becoming useful citizens for society.

For minors falling under Point c Clause 2 Article 4 of this Decree, educational sanctions at communes, wards, and towns shall only be decided when conditions for applying management at home are not met. Applying management at home does not constitute being administratively sanctioned.

7. During the process of examining and deciding on the application of educational sanctions at communes, wards, and towns for minors, the competent authority handling administrative violations must ensure their best interests.

Article 3. Mitigating circumstances and aggravating circumstances

1. When determining the duration of applying community-based educational measures, mitigating circumstances prescribed in Article 9 of the Law on Handling Administrative Violations must be considered, including:

a) The violator has taken actions to prevent, reduce the consequences of the violation, or voluntarily remedied the consequences and compensated for damages;

b) The violator has voluntarily reported the violation, sincerely repented, and actively assisted competent authorities in discovering and handling the violation;

c) The violation occurred under mental provocation caused by another person's illegal act; exceeded the limits of justifiable self-defense; exceeded the requirements of an emergency situation;

d) The violation was committed under duress or dependency, either material or mental;

d) The violator is a pregnant woman, a person nursing a child under 36 months old, an elderly person, a person with illness or disability that limits their ability to understand or control their behavior;

e) The violation occurred due to particularly difficult circumstances not caused by oneself;

g) The violation was committed due to backwardness in knowledge.

2. When determining the duration of applying community-based educational measures, aggravating circumstances prescribed in Article 10 of the Law on Handling Administrative Violations must be considered, including:

a) Organized violation;

b) Inciting, enticing, using minors to commit violations; forcing dependent persons to commit violations;

c) Insulting, slandering public officials while they are performing their duties; violations with a thuggish nature;

d) Taking advantage of positions or powers to violate;

d) Taking advantage of wartime, natural disasters, catastrophes, epidemics, or other special difficulties of society to commit violations;

e) After committing the violation, the violator has engaged in evading or concealing the violation;

g) Committing violations against multiple people, children, the elderly, persons with disabilities, pregnant women.

Article 4. Subjects, Statute of Limitations, Duration of Applying Community-Based Educational Measures

1. Community-based educational measures are applied to subjects specified in Clause 2 of this Article to supervise, manage, and educate them at their place of residence, helping them correct mistakes, and eliminate causes and conditions leading to violations of the law.

2. The subjects to whom community-based educational measures apply, as stipulated in Article 90 of the Law on Handling Administrative Violations, and the statute of limitations for such measures, as stipulated in Point a, Clause 2, Article 6 of the Law on Handling Administrative Violations, for these subjects are determined as follows:

a) For subjects aged from 12 to under 14 years old who commit acts indicative of a very serious crime under the Criminal Code due to intent, the statute of limitations is one year, counted from the date of the violation;

b) For subjects aged from 14 to under 16 years old who commit acts indicative of a serious crime under the Criminal Code due to intent, the statute of limitations is six months, counted from the date of the violation;

c) 2 For subjects aged from 14 to under 18 years old, within six months, if they have been administratively punished twice for one of the following offenses: theft, fraud, gambling, disrupting public order, and then continue to commit one of these offenses for the third time but not reaching the level of criminal prosecution and having been recorded in the administrative violation report for this offense, the statute of limitations is six months, counted from the date of the last occurrence of one of the aforementioned administrative violations;

d)3 For subjects aged 18 years and older who are drug addicts with stable residence, the statute of limitations is three months, counted from the date the subject's drug use was discovered;

Drug addicts participating in voluntary rehabilitation programs at home or in the community, or undergoing treatment for drug addiction with substitute drugs according to the law, if found to be using drugs illegally, will also be subject to community-based educational measures. The application of community-based educational measures for such subjects will be carried out concurrently with voluntary rehabilitation at home or in the community, or treatment for drug addiction with substitute drugs;

đ) 4 For subjects aged 18 years and older, within six months, if they have been administratively punished twice for one of the following offenses: infringing upon the property of state agencies or organizations; the property, health, dignity, or reputation of citizens or foreigners; violating social order and safety, and then continue to commit one of these offenses for the third time but not reaching the level of criminal prosecution and having been recorded in the administrative violation report for this offense, the statute of limitations is six months, counted from the date of the last occurrence of one of the aforementioned administrative violations.

3. Community-based educational measures shall not be applied to foreign nationals.

4. The duration of applying community-based educational measures ranges from three to six months, depending on the nature, severity, consequences of the violation, personal history, mitigating circumstances, and aggravating circumstances of the violator.

Article 5. Conditions for transferring to apply family-based management measures

1. The subjects specified in Point c Clause 2 Article 4 of this Decree, if meeting the following conditions, shall be considered and decided to apply family-based management measures:

a) Voluntarily reporting and sincerely repenting for their own violation behavior;

b) Having a living environment conducive to the implementation of this measure;

c) Parents or guardians having good character, favorable conditions to manage and educate minors, and committing to a written agreement as prescribed in Clause 2 Article 20 of this Decree.

2. The duration of applying family-based management measures ranges from three to six months.

Article 6. Authority to decide on applying educational measures at commune, ward, town level and family-based management measures

1. The authority to decide on applying educational measures at commune, ward, town level as stipulated in Clause 1 Article 105 of the Law on Handling Administrative Violations includes:

a) The Chairman of the People's Committee of the commune where the violator resides;

b) The Chairman of the People's Committee of the commune where the social welfare facility or child assistance facility that has accepted minors without stable residence is located.

2. The authority to decide on applying family-based management measures as stipulated in Clause 2 Article 140 of the Law on Handling Administrative Violations is the Chairman of the People's Committee of the commune where the minor resides.

Article 7. Duration considered as not being subject to educational measures at commune, ward, town level

An individual who has been subject to educational measures at commune, ward, town level, if within two years from the date of completing the execution of the educational decision at commune, ward, town level or one year from the date when the time limit for enforcing the educational decision at commune, ward, town level expires without reoffending, shall be considered as not having been subject to educational measures at commune, ward, town level.

Article 8. Funding for implementing educational measures at commune, ward, town level

1. The State supports funding for activities during the application of educational measures at commune, ward, town level including: Determining drug addiction status; checking the legality of files; organizing advisory meetings; supporting individuals assigned to assist those under education; transferring subjects back to their place of residence and to social welfare facilities, child assistance facilities; costs for minors without stable residence in social welfare facilities, child assistance facilities; and other necessary expenses.

2. The funding prescribed in Clause 1 of this Article is guaranteed by local budgets and supported from funds for crime prevention; drug control, HIV/AIDS prevention; national programs for protecting children; and other sources (if any).

The central budget supplements local budgets for activities in this area for regions that cannot balance their local budgets.

3. Individuals assigned to assist are entitled to receive funding support for managing, educating, and assisting those under education. The minimum monthly support amount is 25% of the basic salary for each person under education. Based on the actual situation in the locality, the Provincial People's Council may decide on higher support levels.

Chapter II

PROCEDURES AND REQUIREMENTS FOR ESTABLISHING FILES, REVIEWING, AND DECIDING ON THE APPLICATION OF EDUCATIONAL MEASURES AT COMMUNE, WARD, TOWN LEVEL AND FAMILY-BASED MANAGEMENT MEASURES

Article 9. Request to establish a file for applying educational measures at commune, ward, town

1. The file for applying educational measures at commune, ward, town for subjects specified in Points c, d and đ Clause 2 Article 4 of this Decree shall be established by the Head of the Police Station at the commune level either independently or based on requests from the following persons:

a) Chairman of the People's Committee of the Commune-level People's Council; representatives of political and social organizations at the grassroots level;

b) Representatives of agencies, organizations, units where the violator works or studies;

c) Representatives of the grassroots community unit including: Ward Chief, Village Chief, Township Chief, Clan Chief, Hamlet Chief, Phum Chief, Srok Chief and equivalent units.

2. The request to establish a file for applying educational measures at commune, ward, town must be made in writing and submitted to the Head of the Police Station at the commune level. The person making the request shall be responsible for the content of the information in the request as stipulated in Clause 3 of this Article.

3. The content of the request must clearly state the place name, date, month, year; the full name and organization name of the requester; the full name, date of birth, place of residence, background of the violator; the violation act, location of the violation act, reasons for the request, related documents (if any); signature of the requester.

4. 5 Within a maximum period of three working days from the date of receipt of the request, the Head of the Police Station at the commune level shall have the responsibility to check the information about the violation act and the background of the violator; if the person proposed is a minor, then seek the opinion of the cultural and social officer in charge of children's work or social work volunteer, child work volunteer (if any) regarding the characteristics and family circumstances of the minor.

The Head of the Police Station at the commune level will not accept the request to establish a file if he finds that the request does not comply with the subjects specified in Points c, d and đ Clause 2 Article 4 of this Decree or the matter is currently being resolved through mediation or has been successfully mediated according to the law on grassroots mediation; if the requester disagrees, report to the Chairman of the People's Committee at the commune level.

After accepting the request to establish a file, the Head of the Police Station at the commune level shall establish the request file in accordance with Articles 11, 12, 13, and 14 of this Decree.

5. In cases where the violator is a minor, if it is deemed appropriate to apply family management measures as stipulated in Clause 1 Article 5 of this Decree, the Head of the Police Station at the commune level shall establish a file requesting the Chairman of the People's Committee at the same level to consider and decide in accordance with Articles 20 and 21 of this Decree.

6. The Head of the Police Station at the commune level shall notify the requester in writing about the acceptance or non-acceptance of establishing the file.

Article 10. Authority to establish a file for applying educational measures at commune, ward, town

1. The Head of the Police Station at the commune level where the subjects specified in Points c, d and đ Clause 2 Article 4 of this Decree reside shall establish a file requesting the Chairman of the People's Committee at the same level to consider and decide on applying educational measures at commune, ward, town.

2. 6 The Head of the Police Station at the commune level where the subjects specified in Points c, d and đ Clause 2 Article 4 of this Decree commit acts violating the law shall establish a file requesting the application of educational measures at commune, ward, town, then transfer the file to the Chairman of the People's Committee at the commune level in accordance with Point a Clause 2 and Clause 3 Article 13 of this Decree.

3. 7 The Public Security Agency at the district level or the Public Security Agency at the provincial level handling the case according to Clause 2 Article 97 of the Law on Administrative Violation Handling shall establish a file requesting the application of educational measures at commune, ward, town for the subjects specified in Clause 2 Article 4 of this Decree, then transfer the file to the Chairman of the People's Committee at the commune level in accordance with Clause 1 a, Point b Clause 2 and Clause 3 Article 13 of this Decree.

Article 11. Collection of Information and Documents for Establishing a File to Apply Community Education Measures

1. The collection of information and documents for establishing a file to apply community education measures includes:

a) Collection of information and documents on the violation behavior;

b) Determination of age as prescribed in Article 12 of this Decree;

c) Verification of place of residence as prescribed in Clause 1, Article 13 of this Decree;

d) Collection of other relevant information and documents.

2. For drug addicts, in addition to the information prescribed in Clause 1 of this Article, it is necessary to determine their current drug addiction status.

The determination of the drug addiction status shall be carried out according to the regulations of the Ministry of Health, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Public Security regarding the authority, procedures, and process for determining the drug addiction status.

3. For minors, in addition to the information and documents prescribed in Clause 1 of this Article, the Head of the Police Station at the commune level shall be responsible for:

a) Collecting additional information about family circumstances, friendships, and circumstances leading to the violation;

b) Seeking comments from schools, agencies, or organizations where the minor studies or works (if applicable);

c) Seeking opinions from the parents or guardians of the minor, except in cases where the minor has been transferred to a social welfare facility or child assistance center.

4. The person authorized to establish the file as prescribed in Article 10 of this Decree shall be responsible for collecting the information and documents prescribed in Clauses 1, 2, and 3 of this Article. Collected information must be documented in writing.

In cases where the file is established by the Provincial Police or District Police, the Head of the Police Station at the commune level shall be responsible for collecting additional information as prescribed in Clause 3 of this Article.

5. 8 Cultural and Social Civil Servants, Social Work Collaborators, Child Welfare Collaborators (if any), parents or guardians of minors, schools, agencies, or organizations shall be responsible for providing information, documents, or written opinions upon request by the police agency within two working days from the date of receipt of the request.

Article 12. Determination of Age of the Object Subject to Community Education Measures

1. The person authorized to establish the file as prescribed in Article 10 of this Decree shall determine the age of the object subject to community education measures based on the birth certificate of the object. In cases where there is no birth certificate or the date, month, and year of birth cannot be accurately determined in the birth certificate, then it shall be based on identification cards, passports, household registration books, or other documents issued by competent authorities that clearly state the date, month, and year of birth.

In cases where there are no such documents to determine the age, then it shall be based on the household registry book or other documents, books, and materials of related state agencies to determine the age of the object.

In cases where the date, month, and year of birth recorded in these documents are inconsistent, then the determination shall be made according to the date, month, and year of birth in the document that is most favorable to the object.

2. In cases where the documents prescribed in Clause 1 of this Article do not clearly state the date, month, and year of birth, the determination of the date, month, and year of birth shall be calculated as follows:

a) If the specific month can be determined but the specific day in the month cannot be determined, then the last day of that month shall be considered the date of birth;

b) If the specific quarter of the year can be determined but the specific month and day in the quarter cannot be determined, then the last day of the last month in that quarter shall be considered the date of birth;

c) If the first half or second half of the year can be specifically determined but the specific month and day in the first half or second half of the year cannot be determined, then June 30 or December 31 of that year shall be considered the date of birth;

d) If the specific year can be determined but the specific month and day cannot be determined, then December 31 of that year shall be considered the date of birth.

3. The determination of age prescribed in Clauses 1 and 2 of this Article must be documented in writing.

Article 13. Verification of Place of Residence and Transfer of Proposal File for Application of Community Education Measures

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1. Within a maximum period of seven working days from the date of accepting the file, the person authorized to establish the file as stipulated in Article 10 of this Decree shall be responsible for verifying the stable place of residence of the subject to whom community education measures will be applied. For areas that are mountainous regions, islands, remote or isolated areas where travel is difficult, the verification period may be extended but not exceeding ten working days from the date of accepting the file.

A stable place of residence is the place where the subject is registered as a permanent resident or temporary resident, but it must be the place where the person currently resides regularly or spends most of their time living.

The absence of a stable place of residence is the case where the place of permanent registration or temporary registration of the violator cannot be determined and the person frequently wanders around without staying at a fixed location, or where the place of permanent registration or temporary registration of the violator can be determined but the person frequently wanders around without staying at a fixed location.

1a. 10Within three working days from the date of verifying the place of residence and completing the establishment of the proposal file, for subjects with a stable place of residence in the locality where they committed the violation, the person authorized to establish the file as stipulated in Article 10 of this Decree must transfer the file to the Chairman of the People's Committee of the commune where the violator has a stable place of residence for consideration and decision on the application of community education measures.

2. Within three working days from the date of verifying the place of residence and completing the establishment of the proposal file, for subjects without a stable place of residence in the locality where they committed the violation, the person authorized to establish the file shall handle the matter as follows:

a) The Head of the Police Station at the commune level who established the file for the subject as stipulated in points c, d, and đ, Clause 2, Article 4 of this Decree shall transfer the file to the Chairman of the People's Committee of the commune where the violator has a stable place of residence for consideration and decision on the application of community education measures;

b) The Public Security Office at the district level or the Public Security Office at the provincial level which established the file for the subject as stipulated in Clause 2, Article 4 of this Decree shall transfer the file to the Chairman of the People's Committee of the commune where the violator has a stable place of residence for consideration and decision on the application of community education measures.

3. Within three working days from the date of verifying the place of residence and completing the establishment of the proposal file, for subjects without a stable place of residence who are minors and whose place of residence cannot be verified, the Head of the Police Station at the commune level where the subject committed the violation, the Public Security Office at the district level or the Public Security Office at the provincial level handling the case shall transfer the subject and a copy of the file to a social welfare institution or a child assistance facility according to the List prescribed by the Provincial People's Committee; simultaneously, transfer the file to the Chairman of the People's Committee of the commune where the social welfare institution or child assistance facility is located for consideration and decision on the application of community education measures.

Article 14. Documents for requesting the application of educational measures at commune, ward, town

The documents for requesting the application of educational measures at commune, ward, town include:

1. Summary of the criminal's personal record;

2. Document proposing to establish the file as stipulated in Article 9 of this Decree;

3. Documents and materials collected in accordance with Article 11 of this Decree;

4. Medical records (if any);

5. Statement of the criminal;

6. Other related documents.

Article 15. Processing documents for requesting the application of educational measures at commune, ward, town from other places

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After receiving the documents for requesting the application of educational measures at commune, ward, town transferred according to Clause 2 and Clause 3 of Article 13 of this Decree, within a maximum period of two working days, the Chairman of the People's Committee of the commune where the subject resides stably or where the social welfare institution, children's assistance facility is located shall transfer the documents to the Head of the Police Station at the same level for verification, supplementation of information and documents, and soliciting opinions from relevant agencies and organizations as prescribed in Article 11 of this Decree. The maximum period for verification, supplementation of information and documents, and soliciting opinions from relevant agencies and organizations is three working days, starting from the date of receipt of the documents.

Article 16. Sending documents and notifying about establishing documents for requesting the application of educational measures at commune, ward, town

1. 12 After completing the establishment of the request document or after verifying and supplementing the document as prescribed in Article 15 of this Decree, within one working day, the Head of the Police Station at the commune level must send the document to the Chairman of the People's Committee at the same level, while also notifying in writing about the establishment of the document to the person proposed to apply the measure or their parents or guardians if they are minors.

2. Notification document about establishing the request document for applying educational measures at commune, ward, town includes the following main contents:

a) Name of the criminal;

b) Reason for establishing the request file;

c) Right to read, write down, and copy necessary contents in the file received; location to read the file; time limit for reading, writing down, and copying is five working days, starting from the date of receipt of the notification;

d) Right to express opinions on the file at the advisory meeting.

3. Within three working days from the date of receipt of the document for requesting the application of educational measures at commune, ward, town, the Chairman of the People's Committee at the commune level assigns the judicial civil servant - registrar to verify the legality of the document.

Article 17. Verifying the legality of the document for requesting the application of educational measures at commune, ward, town

1. Within five working days from the date of receipt of the document, the judicial civil servant - registrar has the responsibility to verify the legality of the document and report to the Chairman of the People's Committee at the commune level. The verification of the legality of the document must ensure compliance and completeness according to the provisions of the law on administrative violation handling regarding the following issues:

a) Documents and papers in the request file as stipulated in Article 14 of this Decree;

b) Object and statute of limitations for applying educational measures at commune, ward, town as stipulated in Clause 2 of Article 4 of this Decree;

c) Authority, procedure, and process for establishing the request document for applying educational measures at commune, ward, town as prescribed.

2. The legality verification document must have the signature of the authorized person conducting the verification and be confirmed by the People's Committee at the commune level; it is kept in the file for applying educational measures at commune, ward, town.

Article 18. Advisory meeting to examine and decide on the application of educational measures at commune, ward, town level

1. Within fifteen days from the date of receiving the file requesting the application of educational measures at commune, ward, town level as stipulated in Clause 1, Article 16 of this Decree, the Chairman of the People's Committee at the commune level shall organize and chair the advisory meeting to examine and decide on the application of such measures.

2. The members of the advisory meeting include:

a) Head of the Public Security Police at village level;

b) Judicial civil servant - registrar;

c) Representative of the Vietnam Fatherland Front and related social organizations at the same level, and representative of the grassroots community;

d) In cases where the person proposed for the application of measures is a minor, in addition to the aforementioned components, there must be a cultural and social civil servant, a social work collaborator, or a child collaborator (if available); school representative (if available); for minors without a stable place of residence currently residing at a social welfare facility or children's assistance facility, there must be a representative of that facility;

đ) In cases where the person proposed for the application of measures is a drug addict, in addition to the aforementioned components, there must be a representative of the community drug rehabilitation team or a representative of the drug treatment facility;

e) In necessary cases, the mediation team and the police agency which transferred the file requesting the application of educational measures at commune, ward, town level may be invited to attend.

3. 13 The person proposed for the application of educational measures at commune, ward, town level must be invited to participate in the meeting and express their opinions on the application of measures. Parents or legal representatives of minors; victims (if any) may be invited to attend and express their opinions at the meeting. If parents or legal representatives of minors cannot attend due to legitimate reasons, the advisory meeting must be postponed. The number of postponements shall not exceed two times, each postponement not exceeding three working days, and the postponement period shall not be counted towards the time for examining and deciding on the application of measures. If parents or legal representatives of minors still cannot arrange to attend the meeting within the specified time due to absence from the locality, health condition, or other legitimate reasons, they must have the responsibility to appoint a family representative or another close relative to attend and express opinions at the meeting.

Inviting the above persons to participate in the meeting must be documented in writing and sent at least three working days before the meeting takes place. In cases where the person proposed for the application of educational measures at commune, ward, town level cannot attend, their opinions can be submitted in writing.

3a. 14 In cases where the person proposed for the application of educational measures at commune, ward, town level, parents or legal representatives of minors proposed for the application of educational measures at commune, ward, town level intentionally avoid attending the advisory meeting; the person proposed for the application of educational measures at commune, ward, town level does not attend the advisory meeting and also does not submit written opinions, or parents or legal representatives of minors proposed for the application of educational measures at commune, ward, town level cannot attend the advisory meeting due to legitimate reasons and have been postponed according to Clause 3 of this Article, the advisory meeting shall still continue to be organized.

4. The advisory meeting can only proceed when at least two-thirds of the members specified in Clause 2 of this Article are present.

5. The procedure and content of the advisory meeting:

a) A representative of the local police presents the violation of the law by the person proposed for the application of educational measures at commune, ward, town level, the results of verification, evidence collected, mitigating circumstances, aggravating circumstances, reconciliation measures, and educational support measures already applied to that person (if any); the judicial civil servant - registrar presents the results of checking the legality of the file;

b) The person proposed for education presents the reasons for violating the law, their understanding of the illegal act, and plans to correct shortcomings; provides relevant evidence; if they are absent, their opinions must be read out at the meeting.

c) Parents or guardians of minors or their legal representatives present information about the personal background, family circumstances, reasons for violation, management and educational responsibilities for minors in the family;

d) Victims (if any) express their opinions on their losses;

đ) Cultural and social civil servants or social work collaborators, child collaborators (if any); school representatives (if any) express their opinions on the personal background of the person proposed for education, family circumstances, and propose appropriate educational and supportive measures;

e) Members discuss the necessity of applying educational measures at commune, ward, town level; personal background, mitigating circumstances, aggravating circumstances of the subject; forms and methods of education; duration of applying measures; selecting suitable agencies or organizations to assign the responsibility of managing and educating the subject; the possibility of applying family-based management measures, educational and supportive forms for minors as stipulated in Point c, Clause 2, Article 4 of this Decree; detoxification methods for drug addicts who do not voluntarily choose and commit according to the provisions of Point g, Clause 2 of this Article;

g) 15 Depending on the practical situation of the locality, drug addicts must choose voluntary detoxification at home or in the community or participate in a methadone substitution therapy program in accordance with the law. Drug addicts must commit to voluntarily detoxify and treat addiction.

6. The content of the meeting must be recorded in the minutes and kept in the file.

Article 19. Completing the dossier for submission to the Chairman of the People's Committee at the commune level

1. Immediately after the advisory meeting concludes, based on the minutes of the meeting, the Head of the Police Station at the commune level shall be responsible for completing the dossier to submit to the Chairman of the People's Committee at the same level.

2. The dossier for submission to the Chairman of the People's Committee at the commune level regarding the application or non-application of community-based educational measures includes:

a) A summary report on the content of the meeting; proposal to apply or not apply community-based educational measures; reasons for the proposal; differing opinions of the advisory meeting members (if any).

In cases where there is a proposal to apply community-based educational measures, in addition to the aforementioned contents, the summary report must propose the duration of application, the agency or organization entrusted with managing and educating the subject.

b) Supporting documents include: Dossier requesting the application of provisions stipulated in Article 14 of this Decree, minutes of the advisory meeting, and other related documents (if any).

3. The dossier for submission to the Chairman of the People's Committee at the commune level regarding the application of family-based management measures shall be implemented in accordance with Clause 3 of Article 20 of this Decree.

Article 20. Proposal to Apply Family-Based Management Measures

1. Family-based management measures shall be considered for application during the following stages:

a) Considering the proposal to establish a dossier as stipulated in Clause 5 of Article 9 of this Decree;

b) Collecting information and documents to establish a dossier as stipulated in Article 11 and reviewing dossiers from other places sent as stipulated in Article 15 of this Decree;

c) After the conclusion of the advisory meeting as stipulated in Article 18 of this Decree.

2. The Head of the Police Station at the commune level requests parents or guardians of minors to make a commitment including the main contents as follows:

a) Ensuring accommodation for minors to live with their parents or guardians;

b) Encouraging, supporting, and creating conditions for minors to participate in local training programs or vocational training programs; appropriate counseling and life skills development programs;

c) Closely coordinating with organizations and individuals assigned to supervise to manage and educate minors;

d) Reporting to the Chairman of the People's Committee at the commune level about the situation of managing minors;

đ) Effectively implementing management and education to prevent minors from violating the law.

3. The Head of the Police Station at the commune level submits to the Chairman of the People's Committee at the same level the dossier proposing the application of family-based management measures. The dossier includes:

a) A request document from the Head of the Police Station at the commune level, specifying the name and surname of the violator; date of birth; place of residence; violation behavior; reason for the proposal; proposed duration of application and the name of the organization or individual cooperating with the family in supervising minors;

b) A summary of the violator's record;

c) Documents and materials collected to establish a dossier proposing the application of community-based educational measures as stipulated in Article 11 of this Decree;

d) A statement from the violator;

đ) A commitment document from parents or guardians.

Article 21. Issuing a Decision on Family-Based Management and Community-Based Educational Measures

1. Within three working days from the date of receipt of the request dossier from the Head of the Police Station at the commune level, the Chairman of the People's Committee at the commune level shall consider and decide on the application of family-based management measures.

If the Chairman of the People's Committee at the commune level disagrees with the proposal of the Head of the Police Station at the same level during the dossier establishment stage as stipulated in Points a and b of Clause 1 of Article 20 of this Decree, then it shall be returned for the establishment of a dossier proposing the application of community-based educational measures; if disagreeing with the proposal after the conclusion of the advisory meeting as stipulated in Point c of Clause 1 of Article 20 of this Decree, then issue a decision on community-based educational measures.

2. Within three working days from the date of conclusion of the advisory meeting as stipulated in Article 18 of this Decree, the Chairman of the People's Committee at the commune level shall consider issuing one of the following decisions:

a) Decision on community-based educational measures;

b) Decision not to apply community-based educational measures;

c) Decision on family-based management measures for minors.

Article 22. Decision and Time Limit for Enforcement of Community Education Decision

1. The community education decision includes the following basic contents:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Surname, name, date of birth, place of residence of the person to be educated;

d) Violation of the law; provisions of legal documents applied;

đ) Name and responsibilities of the agency or organization entrusted with management and education;

In cases where the person to be educated is a minor, it must clearly state that parents or guardians have the responsibility to cooperate in management.

In cases where the person to be educated is a minor without a stable place of residence, it must clearly state that they will be handed over to a social welfare facility or children's assistance facility for management and education.

In cases where the person to be educated is a drug addict, it must clearly state the form of detoxification and treatment; individuals or organizations responsible for supporting and assisting; responsibilities of agencies, organizations, individuals, and families in managing and assisting the drug addict;

e) Duration of application of measures; date of enforcement of the decision;

g) Right to appeal or sue as prescribed by law.

2. 16 The community education decision takes effect from the date of signing. Within a maximum period of two working days from the date it becomes effective, the decision shall be sent to the person to be educated, the family of the person to be educated, the agency or organization entrusted with management and education, the Standing Body of the People's Council at the commune level, and related agencies and organizations.

3. The community education decision ceases to be enforceable six months from the date it becomes legally effective according to Clause 1, Article 108 of the Law on Handling Administrative Offenses. In cases where the person subject to the decision deliberately evades enforcement, the time limit for enforcement shall be calculated from the date the evasion ends.

Article 23. Decision Not to Apply Community Education Measures

1. The decision not to apply community education measures includes the following basic contents:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Surname, name, date of birth, place of residence of the person proposed to be subject to community education measures;

d) Violation of the law by that person; provisions of legal documents applied;

đ) Reason for not applying community education measures.

2. The decision not to apply community education measures takes effect from the date of signing.

3. Within three working days from the date it becomes effective, the decision shall be sent to the person not subject to community education measures and to relevant individuals or organizations.

For minors residing in social welfare facilities or children's assistance facilities, the decision shall be sent to the social welfare facility, children's assistance facility, and the agency that submitted the file. Minors residing in social welfare facilities or children's assistance facilities may continue to stay if they wish to do so.

Article 24. Family Management Decision

1. The family management decision includes the following basic contents:

a) Date of issuance of the decision;

b) Name, position of the decision maker;

c) Surname, name, date of birth, place of residence of the minor;

d) Reason for application;

đ) Surname, name, place of residence of parents or guardians;

e) Duration of application, date of enforcement of the decision;

g) Name of organization or individual cooperating in supervision;

h) Responsibility of the minor if they continue to violate the law;

i) Right to appeal or sue as prescribed by law.

2. The family management decision takes effect from the date of signing.

3. Within three days from the date it becomes effective, the decision shall be sent to the parents or guardians of the minor and the organizations or individuals cooperating in supervising the minor to implement it.

Chapter III

ENFORCEMENT OF COMMUNITY EDUCATION DECISIONS AND FAMILY MANAGEMENT DECISIONS

PART 1. IMPLEMENTATION OF THE DECISION ON EDUCATION AT COMMUNE, WARD, TOWN LEVEL

Article 25. Assignment of Persons Directly Supporting the Person Under Education

1. Within five working days from the date of receipt of the decision on education at commune, ward, town level, the head of the agency, organization, social welfare institution, or child assistance institution assigned to manage and educate shall assign one person directly to manage, educate, and support the person under education.

The assignment must be decided in writing, clearly stating the name of the person assigned to support, responsibilities to be carried out, and supported funding. The decision shall be sent to the Chairman of the People's Committee of the commune, ward, town that issued the education decision and related organizations and individuals.

2. The person assigned to support must be a social work collaborator, child collaborator, a respected person within the family lineage or community, or someone with experience managing and educating minors in social welfare institutions or child assistance institutions. These persons must have the conditions, capacity, and experience in educating and supporting the person under education.

3. One person may be assigned to manage, educate, and support multiple people but not more than three people at the same time.

Article 26. Plan for Management, Education, and Support of the Person Under Education

1. The person assigned to support must develop a plan for managing, educating, and supporting the person under education.

2. The content of the management, education, and support plan is based on the content and form of education prescribed in Article 27 of this Decree, including specific measures for monitoring, guiding, and supporting the person under education, implementation time, and cooperation with the family and other related organizations and individuals.

In cases where the person under education is a drug addict, the plan content must clearly reflect cooperation with the family of the drug addict and the detoxification team or drug rehabilitation facility in implementing the detoxification plan.

In cases where the minor resides in a social welfare institution or child assistance institution, the plan content must clearly reflect cooperation with relevant local social agencies. Local social agencies have the responsibility to cooperate with these institutions to jointly manage and educate the person under education.

The management, education, and support plan must include the opinion of the head of the organization assigned to educate.

3. In cases where the person assigned to support no longer has the conditions to support or fails to complete the assigned responsibilities, the organization assigned to manage and educate must promptly reassign another person and notify in writing the Chairman of the People's Committee of the commune.

Article 27. Content and Form of Education

1. Education at commune, ward, town level includes the following basic contents:

a) Popularizing and educating about citizens' rights and obligations, laws related to the illegal acts of the person under education.

For drug addicts, it is necessary to popularize laws on preventing and combating drugs; the harmful effects of injecting and using drugs on health, family, and community, preventing HIV/AIDS and diseases transmitted through drug injection; programs for detoxification and treatment of opioid dependence with substitute medications;

b) Educating about life skills, vocational guidance, and vocational training for the person under education;

c) Educating about the fine traditions of the country and hometown.

2. Education at commune, ward, town level can be implemented through the following basic forms:

a) Meeting directly with the family and the person under education;

b) Introducing participation in classes on life skills, vocational guidance, vocational training, and job search;

c) Notifying in writing the family and the person under education about management and educational measures;

d) Organizing a public meeting for opinions in the residential area. In cases where the person under education is a minor, such meetings shall not be organized.

Article 28. Commitment of the Person Under Education

1. The person under education shall submit their commitment regarding compliance with the decision on education at commune, ward, town to the agency, organization entrusted with management and education, and must strictly implement their own commitment.

2. The content of the commitment includes:

a) Strictly comply with laws, earnestly correct mistakes.

b) Fulfill educational obligations well, cultivate and improve oneself.

c) Participate in appropriate learning programs or vocational training.

d) Engage in labor with suitable forms.

đ) Participate in appropriate life skills development programs organized locally.

e) For drug addicts, the commitment must include participation in registered drug rehabilitation programs.

3. The commitment of a minor must have the opinion of their parents or guardian.

Article 29. Implementation of Management, Education, and Assistance Plan for Persons Under Education

1. The People's Committee of the commune, agency, organization, and person assigned to assist shall cooperate with grassroots community units and families in monitoring, managing, supervising, and promptly identifying and preventing violations of law by persons under education.

2. The implementation of the management, education, and assistance plan for minors under education shall be carried out as follows:

a) For minors under education who are studying at schools or educational institutions, the person assigned to assist and the school shall jointly cooperate with the family to encourage and assist them in their studies and self-improvement.

b) Minors residing in social welfare facilities or child support centers shall be provided opportunities to continue participating in age-appropriate learning programs; life skills classes, vocational guidance classes in the community.

3. For drug addicts under education, the person assigned to assist shall coordinate with the addict's family, community drug rehabilitation teams, drug treatment facilities, representatives of grassroots community units, and other relevant organizations and individuals to create conditions for the addict to participate in drug treatment and rehabilitation activities at home and in the community.

4. 17 Except for cases stipulated in Clause 4a of this Article, if during the execution of the education measure at commune, ward, town, the person under education does not make progress, violates commitments, and has been repeatedly reminded by the person assigned to assist but still refuses to correct, then the organization entrusted with management and education shall report to the Chairman of the People's Committee of the commune to convene a meeting at the grassroots level to provide feedback to the person under education. Participants and contents of the meeting include:

a) Participants in the meeting include representatives from the leadership of the People's Committee of the commune; Chief of the Police Station; judicial civil servant - registrar; person assigned to assist and representatives of agencies and organizations entrusted with management and education; representatives of the Vietnam Fatherland Front at the commune level and representatives of grassroots community units. The person under education and their family must be invited to attend the meeting. If the person under education cannot attend due to valid reasons, the meeting must be postponed. The number of postponements shall not exceed two times, each postponement not exceeding three working days.

In case the person under education cannot attend the feedback meeting due to valid reasons, has been postponed twice, or deliberately avoids attending, the meeting shall still be convened.

In case the person under education is a drug addict, in addition to the aforementioned participants, there must also be a cultural and social civil servant, representative of the drug rehabilitation team or drug treatment facility.

b) Contents of the meeting:

The person assigned to assist reports on the process of management, education, and violations by the person under education during the management period, and proposes supplementary or alternative measures for management, education, and assistance. The person under education presents the reasons for violating commitments and plans to rectify, proposing assistance if necessary. Based on the report of the person assigned to assist and the presentation of the person under education, participants analyze and provide feedback on the person under education's misconduct, helping them to improve; discuss and propose educational measures for the individual.

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The meeting must be recorded in a minutes document and sent to the person under education and their family.

4a. 19If, after completing at least half of the education time at commune, ward, town, the person under education does not show progress and continues to commit violations, they will be subject to examination and handling according to the provisions of Article 35a of this Decree.

5. The person assigned to assist shall record the progress of the person under education for reporting to the organization entrusted with management and education.

Monthly, the organization entrusted with management and education shall report to the Chairman of the People's Committee of the commune that issued the decision on the results of supervision, education, and assistance for the person under education.

Article 30. Rights and Obligations of the Assigned Helper

1. The assigned helper has the following rights:

a) To meet with the person under education, their parents or guardians if they are minors, and other relevant persons to encourage, understand their thoughts, wishes, difficulties, and find ways to assist them;

b) To request the person under education to report on their study, work, training, and correction of mistakes;

c) To propose to the organization entrusted with management, education, and the People's Committee of the commune to create favorable conditions for managing and educating the person under education;

d) To request competent agencies and organizations to create conditions for the person under education to participate in studies, seek employment, and stabilize their life;

đ) To participate in training classes to enhance skills, knowledge, and experience in education and assistance to the person under education;

e) To enjoy financial support for managing, educating, and assisting the target group according to Clause 3, Article 8 of this Decree.

2. The assigned helper has the following obligations:

a) To develop and implement plans for managing, educating, and assisting the person under education;

b) To coordinate with related agencies, organizations, and the family of the person under education in managing and educating the individual and helping them become useful members of society;

For the person under education who is a minor, the assigned helper must closely cooperate with the family, school, Ho Chi Minh Communist Youth Union, or Ho Chi Minh Pioneer Team to enable the minor to participate in club activities, cultural, artistic, labor, sports activities, and other healthy recreational activities;

c) To assist and encourage the person under education, to propose to the People's Committee of the commune to create conditions for them to participate in studies and seek employment;

d) To support and introduce the person under education to participate in appropriate counseling programs and life skill development programs organized locally; to support access to legal aid services as prescribed;

đ) To guide the implementation of the rights and obligations of the person under education;

e) To keep records and report monthly to the organization entrusted with management and education; to report to the Chairman of the People's Committee of the commune on the implementation of the community-based education decision;

g) In cases where the person under education shows clear progress, to prepare a document requesting the Chairman of the People's Committee of the commune to consider waiving the remaining time of the community-based education decision or to confirm the person under education's application for waiver according to Clause 1, Article 36 of this Decree.

Article 31. Rights and Obligations of the Person Under Education

1. During the period of implementing the community-based education measure, the person under education has the following rights:

a) To engage in labor, study, and social activities at their place of residence, and to be guided in procedures for temporary absence registration and permanent residency registration;

b) To be provided with opportunities to find employment; to be considered for loans from social policy banks, local social funds, and charitable organizations in cases of particularly difficult circumstances;

c) To participate in educational programs or vocational training; and in local counseling and life skill development programs;

d) To express their wishes and suggestions to the Chairman of the People's Committee of the commune, the Head of the Police Station of the commune, social organizations, schools, and the assigned helper;

đ) To be absent from their place of residence or change their place of residence according to Articles 33 and 34 of this Decree;

e) To have the right to appeal or initiate litigation against the community-based education decision and violations during its execution;

2. During the period of implementing the community-based education decision, the person under education has the following obligations:

a) To strictly comply with state policies and laws, actively participate in labor and study, fulfill all civic duties, and abide by local regulations;

b) To accept management and education by authorities, social organizations, and the assigned helper; minors also must accept management, education, and supervision by their families and schools;

c) To strictly adhere to commitments made;

d) To be present when requested by the Chairman of the People's Committee of the commune;

đ) To submit written reports monthly to the assigned helper on their study, work, training, self-improvement, results of correcting mistakes, and their progress.

Article 32. Responsibilities of Social Welfare Facilities and Child Assistance Facilities

1. Accepting juveniles without stable residence during the period of establishing files for review and decision on applying educational measures at commune, ward, town level; accepting juveniles who have not been subject to educational measures at commune, ward, town level as stipulated in Clause 3, Article 23 of this Decree or have completed such measures and wish to remain at the facility.

2. Appointing representatives to participate in advisory meetings.

3. Assigning staff to directly assist juveniles.

4. Creating conditions for juveniles to attend school, participate in local training programs or vocational training, counseling programs, and life skills development programs suitable for their needs.

5. Cooperating with relevant agencies and organizations in the community in managing and educating juveniles.

6. Organizing management of juveniles without stable residence in accordance with the practical situation of the facility.

Article 33. Absence and Travel of Juveniles Educated at Place of Residence

1. Juveniles may be absent from their place of residence if there is a legitimate reason and they must declare temporary absence according to the law on residence. The time spent away from the place of residence counts towards the term of implementing the educational measure at commune, ward, town level but the total time of absence cannot exceed one-third of the duration of the measure and must comply with the following provisions:

a) In cases where juveniles are absent for less than 15 days, they must notify the assigned helper about the reason, duration of absence, and temporary residence location.

The assigned helper must report to the Chairman of the People's Committee of the commune where the juvenile resides about the juvenile's absence from the place of residence;

b) In cases where juveniles are absent for 15 to 30 days, the juvenile or their parents or guardians (if under 16 years old) must submit a request to the Chairman of the People's Committee of the commune, detailing the reason, duration of absence, and temporary residence location. The assigned helper must provide comments within three days from receiving the request.

The Chairman of the People's Committee of the commune must decide immediately upon receipt of the request; if不同意翻译的结果中出现的“不同意”的中文部分，请提供明确指示，以便我直接给出英文翻译结果。

If the Chairman does not agree, they must respond in writing, specifying the reasons.

Article 34. Change of Place of Residence for Juveniles

1. When a juvenile changes their registered permanent residence, goes to study, has stable employment, moves with their family to another locality, or has similar reasons, the juvenile or their parents or guardians (if under 16 years old) must apply to the Chairman of the People's Committee of the commune, detailing the reason and new permanent or temporary residence location. The application must include comments from the agency or organization responsible for managing and educating the juvenile.

Within five working days from receiving the application, the Chairman of the People's Committee of the commune must respond in writing; if they do not agree, they must specify the reasons.

2. During the period when a juvenile is implementing an educational decision at a social welfare facility or child assistance facility, if it is verified that the juvenile has a place of residence, the Chairman of the People's Committee of the commune where the facility is located must consider and decide on transferring the juvenile back to their place of residence.

3. When a juvenile changes their place of residence as provided in Clause 1 and Clause 2 of this Article, the file on the implementation of the educational measure at commune, ward, town level must be transferred to the Chairman of the People's Committee of the commune where the juvenile resides. The Chairman of the People's Committee of the commune where the juvenile resides is responsible for receiving the file and assigning agencies or organizations to manage and educate the juvenile.

4. When changing their place of residence, juveniles must comply with the law on residence.

Article 35. Criminal liability for criminal acts committed before or during the execution of community-based educational measures

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1. In cases where it is discovered that a person subject to community-based educational measures has committed a criminal act before or during the execution of the decision, upon the request of the competent criminal proceedings authority, the Chairman of the People's Committee at the commune, ward, town level where the community-based educational measures are being implemented must issue a decision to temporarily suspend the execution of the decision for that person and transfer the file to the criminal proceedings authority.

2. If there is a decision not to initiate a criminal case, a decision to revoke the decision to initiate a criminal case, a decision to terminate the investigation, a decision to terminate the case, or if the court declares them not guilty, then that person must continue to execute the decision on applying community-based educational measures. The Chairman of the People's Committee at the commune, ward, town level who issued the decision to temporarily suspend the execution of the community-based educational measures must issue a decision to revoke the decision to temporarily suspend the execution of the community-based educational measures they issued.

3. If that person is sentenced to imprisonment by the court, the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures must issue a decision to terminate the application of community-based educational measures.

4. If the sentence imposed by the court is not imprisonment, then that person may still have to continue executing the decision on community-based educational measures.

Article 35a. Handling cases where a person continues to commit violations while under community-based educational measures

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A person undergoing education, after having executed at least half of the time of community-based educational measures without showing progress, and continuing to commit violations that fall under the circumstances requiring compulsory educational facilities or compulsory drug rehabilitation facilities, the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall handle as follows:

1. If the violation falls under the circumstances prescribed in Clause 1 of Article 94 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall issue a decision to terminate the application of community-based educational measures and propose the application of compulsory educational facilities.

2. If the violation falls under the circumstances prescribed in Clause 1 of Article 96 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall issue a decision to terminate the application of community-based educational measures and propose the application of compulsory drug rehabilitation facilities.

Article 36. Exemption from the remaining period of community-based educational measures

1. A person undergoing education who has executed half of the time of community-based educational measures, if showing clear progress, may submit a request to the Chairman of the People's Committee at the commune, ward, town level that issued the decision.

The request must clearly state their name, date of birth, occupation, duration of education, time already executed, and must be confirmed by the assigned helper.

2. Within five working days from the date of receipt of the request from the person undergoing education or the written request from the assigned helper, the Chairman of the People's Committee at the commune, ward, town level shall consider and issue a decision exempting the person from the remaining period of community-based educational measures. If不同意直接翻译此处之后的内容，我将按照指令要求进行翻译。请查看翻译结果：1 ||| Article 35. Criminal liability for criminal acts committed before or during the execution of community-based educational measures. 2 ||| 1. In cases where it is discovered that a person subject to community-based educational measures has committed a criminal act before or during the execution of the decision, upon the request of the competent criminal proceedings authority, the Chairman of the People's Committee at the commune, ward, town level where the community-based educational measures are being implemented must issue a decision to temporarily suspend the execution of the decision for that person and transfer the file to the criminal proceedings authority. 3 ||| 2. If there is a decision not to initiate a criminal case, a decision to revoke the decision to initiate a criminal case, a decision to terminate the investigation, a decision to terminate the case, or if the court declares them not guilty, then that person must continue to execute the decision on applying community-based educational measures. The Chairman of the People's Committee at the commune, ward, town level who issued the decision to temporarily suspend the execution of the community-based educational measures must issue a decision to revoke the decision to temporarily suspend the execution of the community-based educational measures they issued. 4 ||| 3. If that person is sentenced to imprisonment by the court, the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures must issue a decision to terminate the application of community-based educational measures. 5 ||| 4. If the sentence imposed by the court is not imprisonment, then that person may still have to continue executing the decision on community-based educational measures. 6 ||| Article 35a. Handling cases where a person continues to commit violations while under community-based educational measures. 7 ||| A person undergoing education, after having executed at least half of the time of community-based educational measures without showing progress, and continuing to commit violations that fall under the circumstances requiring compulsory educational facilities or compulsory drug rehabilitation facilities, the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall handle as follows:. 8 ||| 1. If the violation falls under the circumstances prescribed in Clause 1 of Article 94 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall issue a decision to terminate the application of community-based educational measures and propose the application of compulsory educational facilities. 9 ||| 2. If the violation falls under the circumstances prescribed in Clause 1 of Article 96 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall issue a decision to terminate the application of community-based educational measures and propose the application of compulsory drug rehabilitation facilities. 10 ||| Article 36. Exemption from the remaining period of community-based educational measures. 11 ||| 1. A person undergoing education who has executed half of the time of community-based educational measures, if showing clear progress, may submit a request to the Chairman of the People's Committee at the commune, ward, town level that issued the decision. 12 ||| The request must clearly state their name, date of birth, occupation, duration of education, time already executed, and must be confirmed by the assigned helper. 13 ||| 2. Within five working days from the date of receipt of the request from the person undergoing education or the written request from the assigned helper, the Chairman of the People's Committee at the commune, ward, town level shall consider and issue a decision exempting the person from the remaining period of community-based educational measures. If不同意再次翻译相同内容，以下是直接翻译的结果：1 ||| Article 35. Criminal liability for criminal acts committed before or during the execution of community-based educational measures. 2 ||| 1. In cases where it is discovered that a person subject to community-based educational measures has committed a criminal act before or during the execution of the decision, upon the request of the competent criminal proceedings authority, the Chairman of the People's Committee at the commune, ward, town level where the community-based educational measures are being implemented must issue a decision to temporarily suspend the execution of the decision for that person and transfer the file to the criminal proceedings authority. 3 ||| 2. If there is a decision not to initiate a criminal case, a decision to revoke the decision to initiate a criminal case, a decision to terminate the investigation, a decision to terminate the case, or if the court declares them not guilty, then that person must continue to execute the decision on applying community-based educational measures. The Chairman of the People's Committee at the commune, ward, town level who issued the decision to temporarily suspend the execution of the community-based educational measures must issue a decision to revoke the decision to temporarily suspend the execution of the community-based educational measures they issued. 4 ||| 3. If that person is sentenced to imprisonment by the court, the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures must issue a decision to terminate the application of community-based educational measures. 5 ||| 4. If the sentence imposed by the court is not imprisonment, then that person may still have to continue executing the decision on community-based educational measures. 6 ||| Article 35a. Handling cases where a person continues to commit violations while under community-based educational measures. 7 ||| A person undergoing education, after having executed at least half of the time of community-based educational measures without showing progress, and continuing to commit violations that fall under the circumstances requiring compulsory educational facilities or compulsory drug rehabilitation facilities, the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall handle as follows:. 8 ||| 1. If the violation falls under the circumstances prescribed in Clause 1 of Article 94 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall issue a decision to terminate the application of community-based educational measures and propose the application of compulsory educational facilities. 9 ||| 2. If the violation falls under the circumstances prescribed in Clause 1 of Article 96 of the Law on Handling Administrative Violations, then the Chairman of the People's Committee at the commune, ward, town level who issued the decision on community-based educational measures shall issue a decision to terminate the application of community-based educational measures and propose the application of compulsory drug rehabilitation facilities. 10 ||| Article 36. Exemption from the remaining period of community-based educational measures. 11 ||| 1. A person undergoing education who has executed half of the time of community-based educational measures, if showing clear progress, may submit a request to the Chairman of the People's Committee at the commune, ward, town level that issued the decision. 12 ||| The request must clearly state their name, date of birth, occupation, duration of education, time already executed, and must be confirmed by the assigned helper. 13 ||| 2. Within five working days from the date of receipt of the request from the person undergoing education or the written request from the assigned helper, the Chairman of the People's Committee at the commune, ward, town level shall consider and issue a decision exempting the person from the remaining period of community-based educational measures. If不同意重复之前的内容，以下是直接翻译的剩余部分：14 ||| 3. The decision becomes effective from the date of signature and must be sent to the person who made the request; the agency or organization entrusted with management and education; the assigned helper.

3. Quyết định có hiệu lực thi hành kể từ ngày ký và phải được gửi đến người có đơn đề nghị; cơ quan, tổ chức được giao quản lý, giáo dục; người được phân công giúp đỡ.

Article 37. Expiration of the Term for Execution of the Decision on Community-Based Education

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Within a maximum period of two working days from the date when the person subject to education completes the execution of the decision, the Chairman of the People's Committee at the commune, ward, or town must issue a Certificate of Completion of Community-Based Education Decision to the person subject to education, retain the file, and simultaneously send a certified copy to the organization entrusted with management and education, and the family of the person subject to education.

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Article 38. Files on the Application of Community-Based Education Measures

1. The files on the application of community-based education measures must be indexed and stored according to the legal provisions on archiving, including the following documents:

a) The proposal file for applying community-based education measures as stipulated in Clause 2, Article 19 of this Decree;

b) The community-based education decision as stipulated in Clause 1, Article 22 of this Decree;

c) The decision assigning personnel directly assisting the person subject to education as stipulated in Clause 1, Article 25 of this Decree;

d) The plan for managing, educating, and assisting the person subject to education as stipulated in Clause 2, Article 26 of this Decree;

đ) The commitment statement regarding compliance with the decision by the person subject to education as stipulated in Article 28 of this Decree;

e) The minutes of the meeting to provide feedback on the education as stipulated in Point b, Clause 4, Article 29 of this Decree (if applicable);

g) The record of progress of the person subject to education and the report on the results of supervision, education, and assistance by the assigned personnel as stipulated in Clause 5, Article 29 of this Decree;

h) The monthly report by the person subject to education on their study, work, training, self-cultivation, rectification of errors, and progress as stipulated in Point đ, Clause 2, Article 31 of this Decree;

i) Documents related to absence from place of residence and change of place of residence of the person subject to education as stipulated in Articles 33 and 34 of this Decree (if applicable);

k) The decision exempting the remaining time of the community-based education decision as stipulated in Article 36 of this Decree (if applicable);

k1)24 The decision temporarily suspending the execution of the community-based education decision as stipulated in Clause 1, Article 35 of this Decree (if applicable);

k2)25 The decision revoking the temporary suspension of the execution of the community-based education decision as stipulated in Clause 2, Article 35 of this Decree (if applicable);

k3)26 The decision terminating the application of the community-based education measure as stipulated in Clause 3, Article 35 and Article 35a of this Decree (if applicable);

l) The certificate of completion of the community-based education decision as stipulated in Article 37 of this Decree;

m) Other related documents.

2. The files on the application of community-based education measures shall be managed at the People's Committee of the commune, ward, or town that issued the community-based education decision.

SECTION 2. IMPLEMENTATION OF THE DECISION ON FAMILY-BASED MANAGEMENT

Article 39. Implementation of Management and Supervision of Minors

1. The family of minors has the following responsibilities:

a) Managing and supervising minors;

b) Caring for and creating conditions for minors to attend school, participate in other educational programs, vocational training programs, and community development programs suitable for skill enhancement organized locally;

c) Reporting periodically every month to the Chairman of the People's Committee at the commune, ward, or town on the situation of managing and supervising minors;

d) Cooperating with organizations and individuals assigned to supervise the implementation of the supervision plan for minors.

2. Organizations assigned to supervise have the responsibility to assign personnel directly to cooperate with families to manage and supervise minors.

3. Individuals assigned by organizations, and individuals assigned by the Chairman of the People's Committee to supervise must cooperate with the family of minors to perform the following tasks:

a) Developing and implementing a plan to supervise minors. The cooperative supervision plan includes specific guidance and support measures, deadlines, and must be sent to the organization assigned to supervise and the Chairman of the People's Committee at the commune, ward, or town;

b) Introducing participation in local educational programs, vocational training, job search programs, and community counseling programs for skill development;

c) Assisting and encouraging minors to correct mistakes.

Article 40. Rights and obligations of minors subject to family-based management measures

1. Minors subject to family-based management measures shall have the following rights:

a) Not to be discriminated against; to work, study, and live at their place of residence;

b) To participate in educational programs or vocational training; local programs for counseling and life skill development;

c) To be considered and accepted for education by educational institutions;

d) To lodge complaints and initiate lawsuits against family-based management decisions and any violations during the implementation of such decisions.

2. Minors subject to family-based management measures shall have the following obligations:

a) Strictly comply with state policies and laws;

b) Participate in work, study, fully perform civic duties, and abide by local regulations at their place of residence;

c) Accept supervision and management by their family and the person assigned to monitor them.

Article 41. Termination of family-based management measures during the application period

During the implementation of family-based management decisions, if minors continue to commit violations, the Chairman of the People's Committee of the commune that issued the decision shall handle it as follows:

1. If the violation falls under the circumstances specified in Point c Clause 2 Article 4 of this Decree, then terminate the application of the family-based management measure and issue a community-based education decision.

2. If the violation indicates criminal activity, terminate the application of the family-based management measure and recommend legal action according to the law.

Article 42. Documentation on the application of family-based management measures

1. Documentation on the application of family-based management measures must be indexed and stored according to legal provisions on recordkeeping, including the following documents:

a) The application file for family-based management measures as stipulated in Clause 3 Article 20 of this Decree;

b) The family-based management decision as stipulated in Article 24 of this Decree;

c) The termination decision of the family-based management measure (if applicable).

d) Other related documents.

2. Documentation on the application of family-based management measures shall be managed by the People's Committee of the commune that issued the decision.

Chapter IV

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

Article 43. Responsibilities of Relevant Ministries

1. The Ministry of Justice is responsible for:

a) Develop and promulgate, within their authority, or submit to competent authorities for issuance, documents on community-based education measures;

b) Summarize and evaluate the implementation of laws on community-based education measures;

c) Guide the application of laws on community-based education measures upon request from ministries, agencies equivalent to ministries, and localities;

d) Guide the dissemination of laws on community-based education measures; take the lead and coordinate with relevant ministries and agencies to guide, train, and provide professional development in implementing laws on community-based education measures.

2. The Ministry of Public Security is responsible for:

a) Guide communal police, cultural and social officials, and political and social organizations at the same level to assist the People's Committee of the commune in collecting materials and preparing application files for community-based education measures;

b) Report periodically or as required by competent authorities on the implementation of community-based education measures according to regulations;

c) Develop guidance materials on the implementation of laws on community-based education measures;

d) Guide professional practices in applying laws on community-based education measures.

3. 27The Ministry of Labor, Invalids, and Social Affairs has the responsibility to develop plans for social welfare facilities and child assistance centers; guide these facilities in managing individuals subject to community-based education measures; guide social workers' skills at these facilities; and guide the implementation of community-based education measures for drug users.

4. The Ministry of Health has the responsibility to lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Public Security to specify the authority, procedures, and process for determining the status of drug addiction as stipulated in Clause 2 Article 11 of this Decree; direct and guide the determination of the status of drug addiction.

5. The Ministry of Home Affairs has the responsibility to ensure human resources for the implementation of community-based education measures and family-based management measures.

6. The Ministry of Finance has the responsibility to lead and coordinate with relevant ministries and sectors to guide the specific content and levels of expenditure for the expenses stipulated in Clause 1 Article 8 of this Decree.

Article 44. Responsibilities of People's Committees at all levels

1. Within their functions, tasks, and powers, People's Committees at all levels shall be responsible for:

a) Reporting on the implementation of laws regarding the application of educational measures at commune, ward, township level and management measures within families;

b) Directing, guiding, and building budgets for the implementation of educational measures at commune, ward, township level and management measures within families;

c) Directing and organizing the implementation of decisions on educational measures at commune, ward, township level and management within families;

d) Directing social organizations at the local level to coordinate in implementing advisory, support, management, and educational activities for individuals subject to educational measures at commune, ward, township level and management measures within families to help them integrate into the community;

đ) Inspecting and auditing the implementation of decisions on educational measures at commune, ward, township level and management within families in the locality.

2. Within their functions, tasks, and powers, provincial-level People's Committees shall be responsible for:

a) Submitting annual budget estimates and establishing support levels for those directly assisting individuals undergoing education to submit to the same-level People's Council for decision;

b) Reviewing and building social welfare facilities and child assistance centers in the area to ensure the implementation of educational decisions at commune, ward, township level for minors without stable residence;

c) Deciding on the list of social welfare facilities and child assistance centers that will accept minors without stable residence who are subject to educational measures at commune, ward, township level.

3. Within their functions, tasks, and powers, commune-level People's Committees shall be responsible for:

a) Organizing the implementation of educational measures at commune, ward, township level in the area;

b) Mobilizing individuals with conditions, capabilities, and experience to participate in managing, educating, and helping individuals subject to educational measures at commune, ward, township level in accordance with the actual situation of the locality;

c) Directing the organization of vocational training programs, job search, loan, production, business, counseling, life skills development programs, health and social services, drug relapse prevention programs in the area to create conditions for individuals subject to educational measures at commune, ward, township level and management measures within families to participate;

d) Preparing budgets for the implementation of educational measures at commune, ward, township level to submit to the competent authority for decision;

đ) Inspecting the implementation of decisions on educational measures at commune, ward, township level and management within families in the locality.

Article 45. Responsibilities of the Head of the Public Security Police Station at the Commune Level

1. Assigning officers, soldiers, or public security officers to cooperate with organizations assigned by the Chairman of the Commune-level People's Committee to manage and educate individuals undergoing education in the management, education, and assistance of such individuals.

2. Assisting the Chairman of the same-level People's Committee in monitoring the implementation of educational measures at commune, ward, township level.

3. Implementing the management of files of individuals undergoing education according to the file management system of the Ministry of Public Security.

Article 46. Coordination with the Vietnam Fatherland Front and its member organizations at the commune level

The Chairman of the Commune-level People's Committee requests the Vietnam Fatherland Front and its member organizations at the commune level to coordinate in the implementation of educational measures at commune, ward, township level and management measures within families, specifically as follows:

1. Assigning individuals directly to assist individuals undergoing education when requested and supervising the implementation.

2. Creating conditions for individuals assigned to assist from their own organization to complete their tasks.

3. Assisting and creating conditions for individuals subject to educational measures at commune, ward, township level and management measures within families to participate in counseling and life skills development programs in the community.

Chapter V

IMPLEMENTING PROVISIONS

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Article 47. Effective Date

1. This Decree takes effect from November 15, 2013, and replaces Government Decree No. 163/2003/NĐ-CP dated December 19, 2003, detailing the implementation of educational measures at commune, ward, township level.

2. Abolishing point a, Clause 2, Article 16 of Government Decree No. 94/2010/NĐ-CP dated September 9, 2010, concerning the organization of drug rehabilitation at home and in the community.

3. Amending and supplementing Clause 2, Article 5 of Government Decree No. 68/2008/NĐ-CP dated May 30, 2008, concerning the conditions, procedures for establishment, organization, operation, and dissolution of social welfare facilities as follows:

"Article 5. Subjects accepted into social welfare facilities include:

2. Social groups requiring urgent protection: abandoned children, victims of domestic violence, sexual abuse victims, trafficking victims, forced labor victims; minors without stable residence during the period of filing records and implementing educational measures at commune, ward, township level."

Article 48. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairmen of provincial-level People's Committees, and relevant agencies are responsible for implementing this Decree./.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Dinh Trung Tung