Circular No. 30/2016/TT-BCA on the work of class teachers in educational correctional schools

CIRCULAR

Regulations on the work of class teachers at educational correctional schools

Pursuant to the Law on Handling Administrative Violations 2012;

Based on Decree No. 02/2014/NĐ-CP dated January 10, 2014, stipulating the regime for applying and enforcing administrative measures involving placement in educational correctional schools and compulsory educational facilities;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Department of Criminal Investigation and Enforcement and Judicial Assistance;

The Minister of Public Security issues this Circular to regulate the work of class teachers at educational correctional schools.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular sets forth standards for class teachers, inspection, training, deployment, equipment, working conditions, and duties and powers in managing and educating students at educational correctional schools for class teachers at such schools (hereinafter referred to as class teachers).

Article 2. Applicability

This Circular applies to:

1. Management authority of the educational correctional facility.

2. Educational correctional facility.

3. Head Teacher.

4. Students at educational correctional schools (hereinafter referred to as students).

5. Agencies, organizations, and individuals related to the work of the Head Teacher.

Article 3. Prohibited Conduct

1. Matters that People's Police officers may not engage in.

2. Borrowing, lending, requesting, buying, selling, exchanging, or accepting money or gifts from students and their relatives in any form.

3. Contacting or establishing relationships with the relatives of students for personal purposes. In cases where contact with the relatives of students is made for the purpose of coordinating management and education of students, it must be approved by the Director of the educational correctional school and conducted at designated visiting areas.

4. Allowing students to use communication devices contrary to regulations, storing or using prohibited items.

5. Engaging in verbal or physical acts that infringe upon the body, health, life, reputation, discriminate against, beat, or persecute students; disclosing private information about students in violation of regulations.

6. Altering records or documents related to students; using students to achieve personal objectives.

Article 4. Standards for Class Teachers

1. Must be a person with good political qualities, familiar with the Party’s guidelines and policies, and knowledgeable in professional matters.

2. Graduated from a college level or higher in one of the police or security academies or other relevant fields. In cases where graduates come from outside the People's Police, they must have completed specialized training in security or police affairs.

Article 5. Inspection and Training of Class Teachers

Every two years, class teachers must participate in inspections and training programs organized by the Director on legal knowledge, psychology, civic education, and police affairs. The inspection and training program shall be implemented according to the regulations of the Criminal Enforcement and Judicial Assistance General Department.

Article 6. Deployment of Class Teachers

1. Each educational correctional school shall organize a Team of Class Teachers under the responsibility of a Team Leader; in cases where the school has multiple branches, each branch shall establish a Group of Class Teachers under the responsibility of a Deputy Team Leader.

2. Based on the standards set out in Article 4 of this Circular and the requirements for managing and educating students, the Director of the educational correctional school (hereinafter referred to as the Director) shall decide and deploy staff suitable for class teachers, aiming for stability and specialization.

Chapter II

SPECIFIC PROVISIONS

Section 1
DUTIES AND POWERS OF CLASS TEACHERS AT EDUCATIONAL CORRECTIONAL SCHOOLS

Article 7. Management of Students

1. Study files, understand the background of students to know their full name, alias, age, place of origin, residence, family members, and close acquaintances; create a summary file for each student, regularly update and maintain information related to their compliance with decisions and manage files according to regulations.

2. Guide students on necessary information when entering an educational correctional school.

3. Regularly meet and interact with students, grasp their ideological, psychological, attitude changes, and reasons for violating laws. Each month, provide education and counseling to at least one-third of the students in their team.

4. Coordinate with security guards and specialized teams to develop and implement plans to prevent and respond to sudden incidents, riots, destruction, harm to the health, lives, reputations of staff and students at educational correctional schools; prevent students from escaping or engaging in violations of internal rules; prevent attacks or disturbances from external parties; ensure the safety of the educational correctional school in all situations.

5. Coordinate with specialized teams to arrange sleeping quarters for students and regularly inspect and guide students in compliance.

6. Develop plans and coordinate with the Administrative Team and Records Office to have students write self-narratives regarding their knowledge of individuals who have violated the law but have not been discovered or dealt with, or students who have violated internal rules of the educational correctional school.

Article 8. Educating Students

1. Develop educational plans for each group and team of students, as well as for individual students, in accordance with the nature, level of violation of laws, personal characteristics, and psychological changes of the students.

2. Guide students in registering for competitions; organize and implement competitive movements.

3. Guide, inspect, and urge students to strictly comply with internal regulations and rules of the reformatory school; implement cultural living habits, personal hygiene, dormitory, bedroom, communal living areas, maintain security and order at the reformatory school.

4. Weekly, meet with students at least twice or more (except in emergencies) to understand their psychological changes, timely encourage, advise, and educate students to be confident in complying with decisions; pay attention to visit, care for sick students or those with special circumstances.

5. Proactively research, guide, and explain to students relevant regulations related to students of the reformatory school; coordinate to publicize current events, policies, laws, moral character education, personality development, revolutionary traditions, love for the country, national pride, Vietnamese people's resilience and willpower to students. Coordinate to organize counseling activities, vocational training, cultural, artistic, physical exercise, sports, entertainment, reading books, newspapers, listening to the radio, watching television.

6. Coordinate with responsible staff to organize implementation, inspect, and supervise food, clothing, accommodation, living conditions, study, and healthcare for students.

7. Regularly, on a weekly, monthly, quarterly, or annual basis, or when required, organize student group meetings to review and evaluate the results of discipline, study, and labor of the collective and individual students; organize meetings to assess compliance with decisions, propose leave rewards, reduction of decision execution time for students; simultaneously, plan management and education for the subsequent period.

8. Guide students to exercise their right to appeal and report; accept appeals and reports from students to report to competent authorities according to the Law on Appeals and the Law on Reports.

Article 9. Organizing Vocational Training and Career Guidance for Students

1. Participate in building plans and organizing labor and vocational training for students suitable to their age and health.

2. Publicize and educate students to enhance awareness of compliance with safety, hygiene, environmental protection regulations, and other related regulations; guide and inspect the use and maintenance of work tools, protective equipment of students.

3. Propose appropriate additional food quantities for students participating in labor as stipulated; propose rewards for students who excel in studies, labor, or have technical improvements.

4. Manage and use effectively all types of assets, equipment, and means assigned, and the results of labor as stipulated.

5. Actively coordinate with responsible staff to implement career guidance and vocational training for students; organize increased production to improve the living standards of students upon approval by the Director of the reformatory school.

Article 10. Rights and Responsibilities of Class Teachers

1. When performing duties, the Class Teacher may apply specialized measures as prescribed by law and the Ministry of Public Security to manage and educate students.

2. Coordinate with Security Guards and specialized teams to detect and prevent violations of laws and internal regulations of the reformatory school; inspect letters and gifts of students, monitor the content of students' telephone conversations according to Decree No. 02/2014/NĐ-CP dated January 10, 2014 on the application and enforcement of administrative measures involving placement in a reformatory school and compulsory educational facilities.

3. Actively coordinate with specialized teams to propose or participate in meetings to assess and recommend leave rewards, reduction of time, temporary suspension, or exemption from the remaining time of administrative measures involving placement in a reformatory school for students under their responsibility.

4. Annually organize Student Congresses to select and introduce students under their responsibility to be elected to the Student Self-Governance Board; propose the removal of members of the Student Self-Governance Board under their responsibility if they violate internal regulations, are unable to complete tasks, or for valid reasons, and prepare reports and files for the Disciplinary Team to submit to the Director for recognition of the Student Self-Governance Board annually or as necessary.

5. Coordinate with specialized teams to propose rewards and disciplinary actions for students under their responsibility.

Article 11. Implementation of management and education for students at educational correctional facilities

1. Prior to sending students to work or study for fifteen minutes, the Class Teacher must understand the situation, check internal order, and coordinate with medical staff to address sick or injured students who need to rest from work or study.

2. When organizing students to participate in cultural, artistic, physical education, sports activities, work, or other activities, the Class Teacher must sign off on the student handover logbook of the duty officer and security guard, directly escorting students back to the management area and handing them over to the duty officer and security guard, signing the student handover logbook. Any removal of students from the management area outside regular working hours must be approved in writing by the Principal.

3. During the organization of students for work, study, cultural, artistic, and physical education, sports activities, the Class Teacher may not leave their post without permission. If required by the Principal or for legitimate reasons necessitating departure, the Class Teacher must communicate with the security guard; if the security guard lacks the capacity to manage and supervise the students, they must report to the Head of the Class Teacher Team to arrange a substitute staff member; if no substitute can be arranged, the team or group of students must be returned to the management area.

4. In cases where students violate the school's regulations, the Class Teacher must prepare a record, inform the Commandant of the Class Teacher Team to report to the Principal; simultaneously, cooperate with specialized teams to seize items and means used in the violation, record statements and self-narratives of the violator and related individuals, and propose appropriate measures according to regulations.

5. On holidays, festivals, and outside regular working hours, if assigned, the Class Teacher must stand guard to manage and maintain student activities and will be entitled to compensatory leave as stipulated.

6. Two months before a student completes their term of residence in the educational correctional facility, the Class Teacher must collaborate with administrative officers and file a proposal to the Principal to organize for that student to study a curriculum designed for students nearing graduation, notify the county police, and the commune people's committee where the student resides; at least fifteen days before the completion of the term, notify the county People's Court that issued the decision, the commune people's committee that established the file, and the family or guardian of the student about the date of release.

7. On the day of release, the Class Teacher must evaluate and comment on the execution of the decision, coordinate with the Administrative Team, file, and relevant specialized teams to return documents, belongings, money, and other assets that the student had deposited; provide financial support from the community integration assistance fund for those completing the decision to enter the educational correctional facility, and provide travel and food expenses during the journey back to their place of residence as prescribed.

Article 12. Reporting System

1. Weekly (except in emergencies), the Class Teacher must record observations of the situation, update information on the results of labor and study of the team and individual students under their responsibility, and report to the Head of the Class Teacher Team.

In cases where incidents exceed the authority of the Head of the Class Teacher Team to resolve, the Head of the Class Teacher Team has the responsibility to report to the Principal.

2. Monthly, quarterly, semi-annually, and annually, the Class Teacher must submit reports on the results of managing and educating students to the Head of the Class Teacher Team. The Head of the Class Teacher Team is responsible for compiling these reports and reporting to the Principal.

3. When the Class Teacher is on official business, on leave, or ill, they must transfer the team or group of students to the assigned substitute staff (if the absence is prolonged or involves a job transfer, all property, tracking logs, and related documents must be fully transferred to the substitute staff).

Section 2
EQUIPMENT AND WORKING CONDITIONS FOR CLASS TEACHERS AT EDUCATIONAL CORRECTIONAL FACILITIES

Article 13. Equipment and Working Conditions for Class Advisors

1. Class Advisors shall be allocated a working room and a dormitory near the rooms of the student groups they are responsible for; equipment such as notebooks, materials, desks, chairs, filing cabinets for work records, and other means necessary to serve management, education, counseling, vocational guidance, and vocational training for students shall be provided.

2. For students engaged in labor in workshops, Class Advisors shall be entitled to use a working room with a minimum area of 06 square meters located within the workshop area of the correctional school.

3. For students engaged in agricultural, forestry, aquaculture labor, or outdoor work, Class Advisors shall be entitled to use a minimum of 20 square meters of workspace for organizing student groups, conducting educational activities, storing tools, products of student labor, and other assets.

Article 14. Funding for the Work of Class Advisors

The funding for the work of Class Advisors at correctional schools shall be implemented according to the provisions of Article 5 of Decree No. 02/2014/NĐ-CP. The General Bureau of Criminal Enforcement and Judicial Assistance, and the correctional schools shall be responsible for preparing budgets, managing, using, and settling accounts in accordance with the State Budget Law and guiding documents.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from August 25, 2016.

Article 16. Responsibility for Implementation

1. The General Bureau of Criminal Enforcement and Judicial Assistance shall be responsible for guiding, urging, and inspecting the implementation of this Circular.

2. The Directors of the various General Bureaus, Heads of units under the Ministry, Directors of Public Security, Directors of Fire Prevention and Fighting Services of provinces and centrally-administered cities, and related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the General Bureau of Criminal Enforcement and Judicial Assistance) for timely guidance./.