Decree No. 37/2018/ND-CP detailing the implementation of supervisory and educational measures for persons under 18 years old who commit crimes exempt from criminal responsibility.

DECREE

Detailed regulations on measures for supervision and education
of persons under 18 years old who commit crimes exempted from criminal responsibility

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Criminal Code No. 100/2015/QH13 dated November 27, 2015, amended and supplemented by Law No. 12/2017/QH14 dated June 20, 2017;

Pursuant to the Criminal Procedure Code No. 101/2015/QH13 dated November 27, 2015;

Pursuant to Clause 1, Article 3 of Resolution No. 41/2017/QH14 dated June 20, 2017 of the National Assembly regarding the implementation of the Criminal Code No. 100/2015/QH13, amended and supplemented by Law No. 12/2017/QH14, and the effectiveness of the Criminal Procedure Code No. 101/2015/QH13, the Law on Organization of Investigative Agencies No. 99/2015/QH13, and the Law on Execution of Temporary Detention and Custody No. 94/2015/QH13;

At the proposal of the Minister of Justice;

The Government promulgates this Decree providing detailed regulations on measures for supervision and education of persons under 18 years old who commit crimes exempted from criminal responsibility.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the principles, procedures, and formalities for implementing measures for supervision and education of persons under 18 years old who commit crimes exempted from criminal responsibility; rights and obligations of those under supervision and education; responsibilities of families, agencies, organizations, and individuals related to the supervision and education of persons under 18 years old who commit crimes exempted from criminal responsibility; responsibilities of ministries, committees at all levels in organizing the implementation of measures for supervision and education.

2. This Decree applies to those under supervision and education, People's Committees of communes, wards, towns (hereinafter referred to collectively as commune-level People's Committees), and other agencies, organizations, and individuals related to the implementation of measures for supervision and education of persons under 18 years old who commit crimes exempted from criminal responsibility.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Measures for supervision and education of persons under 18 years old who commit crimes exempted from criminal responsibility (hereinafter referred to as supervision and education measures) are measures prescribed in Section 2, Chapter XII of the Criminal Code No. 100/2015/QH13, amended and supplemented by Law No. 12/2017/QH14 (hereinafter referred to collectively as the Criminal Code 2015), including: reprimand, community reconciliation, and education at commune level.

2. Those under supervision and education are persons under 18 years old who commit crimes exempted from criminal responsibility and subject to supervision and education measures as provided for in Clause 2, Article 91 of the Criminal Code 2015.

3. Direct supervisors and educators are persons with good moral character, possessing knowledge and skills in social work, child work, or necessary knowledge about the psychology and physiology of children, or trained and instructed in juvenile justice, appointed by the Chairman of the Commune-level People's Committee to directly carry out supervision and education tasks.

Article 3. Principles for implementing supervision and education

1. Ensuring the goal of rehabilitation for those under supervision and education; enhancing their awareness and compliance with the law; preventing recidivism,

2. Respecting the dignity, reputation, rights, and legitimate interests of those under supervision and education; strictly prohibiting any acts that infringe upon life, health, reputation, dignity, rights, and legitimate interests of those under supervision and education; strictly prohibiting any acts that infringe upon life, health, reputation, dignity, rights, and legitimate interests of those under supervision and education.

3. Ensuring suitability with the conditions, circumstances, age, gender, personal needs, and the best interests of those under supervision and education.

4. Respecting and protecting the privacy of those under supervision and education.

5. Ensuring the participation of families, schools, and agencies, organizations, and individuals in the implementation of supervision and education measures.

Article 4. Calculation of the term for supervision and education

The term for supervision and education shall be calculated from the date when the person subject to supervision and education appears at the commune-level People's Committee office to hear the announcement regarding the implementation of the supervision and education measures.

Article 5. Funding for the Implementation of Supervision and Education

1. The State shall support funding for activities during the implementation of supervision and education measures, including:

a) Establishing initial files; establishing and managing files on the implementation of supervision and education measures; processing procedures to terminate the period of education at commune, ward, town level;

b) Supporting persons directly responsible for supervision and education in performing their tasks;

c) Organizing meetings to implement supervision and education measures;

d) Other necessary expenses.

2. The funding specified in Clause 1 of this Article shall be guaranteed by local budgets and other sources of funding (if available).

The central budget shall provide additional funding for localities that have not yet achieved self-balanced local budgets for these activities.

3. Persons directly responsible for supervision and education shall receive funding support for the performance of their duties. The minimum monthly support rate is 25% of the basic salary for each person under supervision and education. Based on the actual situation in the locality, the Provincial People's Council or the People's Council of a centrally-administered city may decide on higher support levels.

Article 6. Agencies, Organizations, and Individuals Responsible for Implementing Supervision and Education Measures

1. The commune-level People's Committee shall organize the implementation of supervision and education measures. Based on the circumstances of juvenile law violations, the capabilities of cadres, and other conditions in the locality, the Chairman of the commune-level People's Committee shall decide on the list of persons directly responsible for supervision and education, consisting of 3 to 5 individuals selected from those specified in Clause 3 of this Article.

The Chairman of the commune-level People's Committee shall be responsible for organizing training for persons directly responsible for supervision and education or assigning them to participate in appropriate training programs organized by the district or provincial level to perform their tasks.

2. The police station, ward, town (hereinafter referred to collectively as the commune-level police) shall undertake preliminary tasks, advise, and assist the Chairman of the same-level People's Committee in organizing the implementation of supervision and education measures in the locality.

3. Police officers, auxiliary police, civil servants in culture and social affairs, civil servants in judicial and household registration, personnel engaged in child protection work at the commune level, social work volunteers at the commune level, representatives of the Women's Union, Youth Union, or individuals with good morals, conditions, abilities, and experience in educating and assisting persons under 18 years old who violate the law shall directly carry out supervision and education tasks assigned by the Chairman of the commune-level People's Committee.

4. Schools, families, and other agencies, organizations, and individuals shall cooperate and support the implementation of supervision and education.

Chapter II

PROCEDURES AND FORMALITIES FOR IMPLEMENTATION

OF SUPERVISION AND EDUCATION MEASURES

Section 1

ANNOUNCEMENT OF THE IMPLEMENTATION OF SUPERVISION AND EDUCATION MEASURES;

ASSIGNMENT OF PERSONS DIRECTLY RESPONSIBLE FOR SUPERVISION AND EDUCATION AND ESTABLISHMENT OF FILES

IMPLEMENTATION OF SUPERVISION AND EDUCATION MEASURES

Article 7. Establishment of Initial Files and Assignment of Persons Directly Responsible for Supervision and Education

1. Immediately upon receipt of the decision to apply supervision and education measures by the competent investigative agency, the Chairman of the commune-level People's Committee shall assign the same-level police to perform the tasks stipulated in Clause 2 of this Article.

2. Within five working days from the date of receiving the task, the commune-level police must complete the following tasks:

a) Establish an initial file, including personal information about the person subject to supervision and education and a copy of the decision to apply supervision and education measures by the competent investigative agency;

b) Based on the personal background, conditions, and circumstances of the person subject to supervision and education; the capabilities, workload, and opinions of individuals listed in the roster of persons directly responsible for supervision and education as stipulated in Clause 1 of Article 6 of this Decree, propose persons directly responsible for supervision and education to report to the Chairman of the commune-level People's Committee for consideration and decision.

3. On the basis of the proposal of the commune-level police, the Chairman of the same-level People's Committee shall issue a Decision on the assignment of persons directly responsible for supervision and education according to Model 01 attached to this Decree.

The Decision on the assignment of persons directly responsible for supervision and education must be immediately sent to the person assigned to directly supervise and educate, the person subject to supervision and education, and the parents or guardians of that person.

One person may be assigned to directly supervise and educate multiple persons but not more than three persons at the same time.

4. During the implementation of supervision and education measures, if the person directly responsible for supervision and education does not have the conditions to continue performing the task or fails to complete the assigned task, the commune-level police must promptly replace them with another person, report to the Chairman of the same-level People's Committee for consideration and decision.

5. The Decision on the assignment of persons directly responsible for supervision and education must be kept in the file on the implementation of supervision and education measures.

Article 8. Notification on the Implementation of Supervision and Education Measures

1. Within two working days from the date of assigning the person directly supervising and educating, the Chairman of the People's Committee at the commune level shall convene the person under supervision and education; invite the father, mother, or guardian of the person under supervision and education, the person directly supervising and educating, and the police station at the commune level to notify about the implementation of supervision and education measures.

2. The contents of the notification on the implementation of supervision and education measures include:

a) Notifying the rights and obligations of the person under supervision and education;

b) Introducing the person directly supervising and educating; the responsibilities of the person directly supervising and educating;

c) The responsibilities of the family in coordinating to implement supervision and education measures.

3. The notification on the implementation of supervision and education measures must be recorded in a protocol and kept in the file for implementing supervision and education measures.

Article 9. Building a Report on Collecting Information, Identifying Risk Factors, Causes, and Conditions Violating the Law of the Person Under Supervision and Education

1. Immediately upon receiving the Decision assigning direct supervision and education from the Chairman of the People's Committee at the commune level, the person directly supervising and educating must immediately carry out the following tasks to build a report on collecting information, identifying risk factors, causes, and conditions violating the law of the person under supervision and education:

a) Meeting with the person under supervision and education, their father, mother, or guardian, and other relevant persons to collect information related to personal background, health, psychology, family circumstances, living conditions, friendships, and the process of violating the law of the person under supervision and education;

b) Analyzing the collected information to identify risk factors, causes, and conditions violating the law of the person under supervision and education; specific supervision and education measures and support services to help them recover and prevent reoffending.

2. The report on collecting information, identifying risk factors, causes, and conditions violating the law of the person under supervision and education is implemented according to Model No. 02 attached to this Decree.

Article 10. Building and Issuing a Supervision and Education Plan

1. Within five working days from the date of receipt of the assignment decision, based on the duration of supervision and education and the report on collecting information, identifying risk factors, causes, and conditions violating the law stipulated in Article 9 of this Decree, the person directly supervising and educating shall draft a supervision and education plan according to Model No. 03 attached to this Decree and submit it to the Chairman of the People's Committee at the commune level.

During the drafting process, the person directly supervising and educating shall seek opinions and wishes of the person under supervision and education and their father, mother, or guardian; actively contact local service providers, exchange with the Social Work Center and relevant agencies and organizations to ensure the appropriateness and feasibility of the plan.

2. The supervision and education plan includes the following basic contents:

a) Specific supervision and education measures and necessary support services to address risk factors, causes, and conditions violating the law of the person under supervision and education;

b) Agencies, organizations, and individuals responsible for implementing specific supervision and education measures; necessary support service providers; agencies, organizations, and individuals responsible for coordination;

c) Start and end dates for specific supervision and education measures and support services;

d) Specific supervision and education measures and necessary support services that require guidance and assistance from county-level or provincial-level agencies or organizations.

3. Within five working days from the date of receipt of the draft supervision and education plan, the Chairman of the People's Committee at the commune level shall organize a meeting to discuss and provide feedback on the draft supervision and education plan.

Participants in the meeting include: the person under supervision and education; their father, mother, or guardian; the person directly supervising and educating; the police station at the commune level; the Child Protection Board at the commune level; agencies, organizations, and individuals responsible for implementing specific supervision and education measures; necessary support service providers; other agencies, organizations, and individuals responsible for coordination.

At the meeting, the person directly supervising and educating shall present the report stipulated in Article 9 of this Decree and the draft supervision and education plan; participants shall express their opinions; the Chairman of the People's Committee at the commune level shall conclude.

4. After concluding the meeting stipulated in Clause 3 of this Article, the person directly supervising and educating shall complete the draft supervision and education plan and submit it to the Chairman of the People's Committee at the commune level for issuance.

The plan must be sent to the person under supervision and education, their father, mother, or guardian, relevant agencies, organizations, and individuals for implementation, and submitted to the police station at the commune level to keep in the file for implementing supervision and education measures.

Article 11. Establishment and Management of Files for Enforcement of Supervision and Education Measures

1. The public security agency at the commune level shall assist the Chairman of the People's Committee at the same level in establishing and managing files for enforcement of supervision and education measures against persons under supervision and education.

2. The file for enforcement of supervision and education measures shall include the following documents:

a) Documents in the initial file as specified in point a, Clause 2, Article 7 of this Decree;

b) Decision on assigning persons directly responsible for supervision and education as specified in Clause 3, Article 7 of this Decree;

c) Minutes of notification regarding the implementation of supervision and education measures as specified in Clause 3, Article 8 of this Decree;

d) Report on collecting information, identifying risk factors, causes, and conditions leading to violations of the law by persons under supervision and education as specified in Article 9 of this Decree;

đ) Plan for supervision and education as specified in Article 10 of this Decree;

e) Commitment of persons under supervision and education to comply with supervision and education measures as specified in Article 13 of this Decree;

g) Record of monitoring the implementation of the Plan for supervision and education as specified in point g, Clause 1, Article 14 of this Decree;

h) Monthly report of persons directly responsible for supervision and education on the results of supervision and education as specified in point g, Clause 1, Article 14 of this Decree;

i) Minutes of appearance as specified in Clause 3, Article 18 of this Decree;

k) Summary report on the results of supervision and education as specified in Clause 1, Article 20 of this Decree;

l) Certificate confirming completion of reprimand measures and community reconciliation measures as specified in Clause 2, Article 20 of this Decree;

m) Other related documents.

3. In addition to the documents specified in Clause 2 of this Article (excluding those specified in point 1), the file for enforcement of educational measures at commune, ward, town level shall also include the following documents:

a) Documents concerning absence from place of residence as specified in Article 22 of this Decree (if applicable);

b) Decision terminating the period of education at commune, ward, town level as specified in Clause 1, Article 24 of this Decree;

c) Certificate confirming completion of educational measures at commune, ward, town level as specified in Clause 2, Article 24 of this Decree.

Section 2

PROCEDURES FOR SUPERVISION AND EDUCATION IN CASES

APPLYING REPRIMAND MEASURES AND COMMUNITY RECONCILIATION

Article 12. Content and Forms of Supervision and Education

1. Content of supervision and education:

a) Dissemination and education on citizens' rights and obligations, and laws related to the acts of violating the law;

b) Provision of basic life skills; support for cultural studies, vocational guidance, vocational training, and job search;

c) Organization for persons under supervision and education to participate in community labor in appropriate forms;

d) Other protective and supportive measures as stipulated in Article 71 of the Law on Children aimed at promoting recovery and reintegration into the community.

2. Forms of supervision and education:

a) Requesting persons under supervision and education to commit to strictly implementing supervision and education measures;

b) Guiding and encouraging persons under supervision and education to participate in classes on life skills, cultural studies, vocational guidance, and vocational training;

c) Notifying the family of persons under supervision and education about their compliance situation;

d) Requiring persons under supervision and education to appear before competent authorities.

Article 13. Commitment of the person under supervision and education

1. The person under supervision and education must prepare a commitment statement regarding compliance with obligations and submit it to the direct supervisor and educator.

2. The content of the commitment includes:

a) Strictly comply with laws and regulations of the place of residence; fulfill all civic duties; earnestly correct mistakes;

b) Participate in cultural education programs, vocational training, or labor organized by the locality in accordance with their conditions and circumstances;

c) Participate in counseling and life skills development programs suitable for the locality;

d) Appearing when requested.

3. In addition to the commitments stipulated in Clause 2 of this Article, the person under supervision and education, when applying community reconciliation measures, must also commit to fulfilling compensation obligations (if applicable).

4. The commitment of the person under supervision and education must have the opinion of their parents or guardian.

Article 14. Implementation of the Supervision and Education Plan

1. Based on the Supervision and Education Plan, the direct supervisor and educator shall be responsible for coordinating with the family, agencies, organizations, and individuals involved to perform the following tasks:

a) Regularly meet, educate, and encourage the person under supervision and education to strictly comply with laws and fulfill their commitments; understand their thoughts, wishes, and difficulties to provide timely assistance;

b) Guide the person under supervision and education to exercise their rights and fulfill their obligations as prescribed in Article 25 of this Decree;

c) Contact relevant agencies and organizations to create favorable conditions for the person under supervision and education to participate in cultural education programs, vocational training, and appropriate and stable employment;

d) Assist the person under supervision and education in completing registration procedures for temporary residence, issuance of identity cards or citizen identification cards, and legal aid;

đ) Organize community labor sessions with appropriate forms;

e) Introduce the person under supervision and education to participate in life skills classes, cultural, social, and sports activities available in the locality;

g) Record and maintain a logbook tracking the implementation of the Supervision and Education Plan according to Model No. 04 attached to this Decree; report monthly to the Chairman of the People's Committee at the commune level on the results of supervision and education.

2. During the implementation of the Supervision and Education Plan, if it is found that the supervision and education measures are not appropriate or the implementation encounters difficulties, the direct supervisor and educator shall propose solutions or adjustments to the plan and report to the Chairman of the People's Committee at the commune level for decision.

Article 15. Organization for the person under supervision and education to fulfill the obligation to participate in educational programs

1. General education schools and regular education institutions within the national education system shall be responsible for admitting the person under supervision and education to study in accordance with the Supervision and Education Plan.

2. The heads of general education schools and regular education institutions shall arrange support personnel based on the needs, level, and actual capacity of the institution to assist them in integrating and completing the educational program.

Article 16. Organization for persons under supervision and education to fulfill their obligation to participate in vocational training programs

1. Based on the supervision and education plan, the person directly supervising and educating shall report to the Chairman of the People's Committee of the commune to contact the Department of Labor, Invalids, and Social Affairs to propose support for vocational training for persons under supervision and education.

2. Depending on the health condition, capacity, and willingness of persons under supervision and education, the Department of Labor, Invalids, and Social Affairs shall be responsible for contacting vocational training institutions, job introduction centers, organizations, individuals, production and business establishments within the locality to arrange for persons under supervision and education to participate in suitable vocational training programs.

Article 17. Organization for persons under supervision and education to fulfill their obligation to participate in community labor

The Youth Union, Women's Association, or other social organizations, agencies, and organizations shall organize for persons under supervision and education to participate in community labor sessions, assist the elderly, disabled, people with special circumstances, or other volunteer activities aimed at enhancing awareness, responsibility, and community integration and sharing among persons under supervision and education.

Community labor must comply with labor laws, be appropriate to the age and health of persons under supervision and education, and not affect their studies.

Article 18. Implementation of the obligation to report to authorities by persons under supervision and education

1. During the period of supervision and education, if persons under supervision and education violate their obligations or exhibit behavior that violates the law, upon the proposal of the person directly supervising and educating, the Chairman of the People's Committee of the commune shall require such persons to report to the authorities.

2. When there is a requirement for reporting to the authorities by the Chairman of the People's Committee of the commune, the person directly supervising and educating must inform the person under supervision and education and their parents or guardians about the location and time of the report.

3. The appearance must be recorded in a protocol and kept in the file.

Article 19. Change of place of residence by persons under supervision and education

1. In cases where persons under supervision and education change their registered place of permanent residence, go for study, have a fixed job, or move with their family to another locality, they must submit an application to the Chairman of the People's Committee of the commune where they reside, clearly stating the reasons, new place of permanent or temporary residence. The application must include the opinion of the person directly supervising and educating; for those under 16 years old, their parents or guardians must submit the application.

2. Within three working days from the date of receipt of the application as stipulated in Clause 1 of this Article, the Chairman of the People's Committee of the commune must review, report, and transfer the file to the agency implementing prosecution that issued the decision on applying the supervision and education measure to complete the procedures for continuing the implementation of the supervision and education measure at the new place of permanent or temporary residence.

Article 20. Issuance of Certificate of Completion of Reprimand Measures and Community Mediation Measures

1. Within five working days before the end of the supervision and education period, the person directly supervising and educating shall prepare a comprehensive report on the results of supervision and education to be submitted to the Chairman of the People's Committee of the commune and to conclude the task.

2. Within three working days from the date of receipt of the comprehensive report on the results of supervision and education, the Chairman of the People's Committee of the commune shall issue a Certificate of Completion of Reprimand Measures and Community Mediation Measures for persons under supervision and education according to Form No. 05a and 05b attached to this Decree.

Section 3

PROCEDURES FOR SUPERVISION AND EDUCATION IN CASES

EDUCATION AT COMMUNE, WARD, AND TOWN LEVEL

Article 21. Supervision and education procedures

1. The supervision and education procedures for persons subject to supervision and education when applying educational measures at commune, ward, town level shall be implemented in accordance with the provisions of this Section and the provisions of Article 12, Clauses 1, 2, and 4 of Article 13, from Article 14 to Article 19 of this Decree.

2. In addition to the commitments stipulated in Clause 2 of Article 13 of this Decree, persons subject to supervision and education must also commit to:

a) Fully comply with obligations regarding study and work;

b) Not leave their place of residence without permission.

Article 22. Absence of persons subject to supervision and education at their place of residence

1. Persons subject to supervision and education may be absent from their place of residence if there is a legitimate reason and they must declare temporary absence. The absence from the place of residence can be carried out multiple times but each time not exceeding thirty days and the total absence period must not exceed one-third of the duration of the application of educational measures at commune, ward, town. The absence period at the place of residence is counted towards the period of implementing educational measures at commune, ward, town.

2. Before leaving the place of residence, persons subject to supervision and education must follow the following regulations:

a) In cases of absence from the place of residence under fifteen days, they must notify the person directly supervising and educating about the reason, time of absence from the place of residence, and the temporary residence location. The person directly supervising and educating must report to the Chairman of the People's Committee of the commune about the absence of the person subject to supervision and education from the place of residence;

b) In cases of absence from the place of residence from fifteen to thirty days, they must submit a request for permission to the Chairman of the People's Committee of the commune, clearly stating the reason, time of absence, temporary residence location, and the agreement of the parents or guardian. The request for permission is sent to the person directly supervising and educating. Immediately upon receiving the request for permission, the person directly supervising and educating must provide comments and forward the request to the Chairman of the People's Committee of the commune.

3. Within three working days from the date of receipt of the request for permission, the Chairman of the People's Committee of the commune will consider and decide and inform the applicant. If permission is denied, it must be replied in writing and the reasons clearly stated.

4. Within two working days from the date of returning to the place of residence, persons subject to supervision and education must directly report to the person directly supervising and educating and continue to implement educational measures at commune, ward, town at the place of residence. The person directly supervising and educating reports to the Chairman of the People's Committee of the commune about the return of the person subject to supervision and education to the place of residence.

5. If persons subject to supervision and education are absent from their place of residence without complying with the provisions of this Article, the absence period will not be counted towards the period of implementing educational measures at commune, ward, town.

Article 23. Termination of the term of education at commune, ward, town

1. Upon receiving a proposal from the person directly supervising and educating or a request from the person subject to supervision and education to terminate the term of education at commune, ward, town, the Chairman of the People's Committee of the commune directs the police at the same level to convene a meeting to review the proposal of the agency that issued the decision on applying educational measures at commune, ward, town to terminate the term of education for the person subject to supervision and education.

Participants in the meeting include: the Chairman of the People's Committee of the commune; the person directly supervising and educating; a representative of the local police; the Child Protection Board of the commune; the person subject to supervision and education; the parents or guardian of the person subject to supervision and education.

At the meeting, the person directly supervising and educating provides comments on the implementation process of the obligations of the person subject to supervision and education; participants express their opinions; the Chairman of the People's Committee of the commune concludes.

2. Based on the conclusion of the Chairman of the People's Committee, the local police have the responsibility to assist the People's Committee at the same level in preparing a file requesting termination of the term of education at commune, ward, town, and sending it to the agency that issued the decision on applying educational measures at commune, ward, town.

The request file includes:

a) The request from the person subject to supervision and education to terminate the term of education at commune, ward, town;

b) A document from the People's Committee of the commune proposing the agency that issued the decision on applying educational measures at commune, ward, town to terminate the term of supervision and education for the person subject to supervision and education;

c) An assessment of the implementation process of the obligations of the person subject to supervision and education.

Article 24. Issuing Certificate of Completion of Community-Based Educational Measures

1. Within five working days before the end of the supervision and education period or upon receipt of the Decision terminating the community-based educational measures issued by the competent authority, the person directly supervising and educating shall prepare a comprehensive report on the results of supervision and education to be submitted to the Chairman of the People's Committee at the commune level and to report the completion of their task.

2. Within three working days from the date of receiving the comprehensive report on the results of supervision and education, the Chairman of the People's Committee at the commune level shall issue a Certificate of Completion of Community-Based Educational Measures to the supervised and educated person according to Model No. 05c attached to this Decree.

Chapter III

RIGHTS AND OBLIGATIONS OF THE PERSONS UNDER SUPERVISION AND EDUCATION;

RESPONSIBILITIES OF FAMILY, SCHOOL, ORGANIZATIONS, AND

INDIVIDUALS IN SUPERVISION AND EDUCATION

Article 25. Rights and Obligations of Persons Under Supervision and Education

1. Rights of persons under supervision and education:

a) To be informed about the community-based supervision and education measures;

b) To work, study, or learn a trade; to participate in local programs for counseling and life skill development;

c) To be guided in procedures for temporary absence registration, permanent residence registration, and temporary residence registration;

d) To present their wishes and suggestions to the Chairman of the People's Committee at the commune level and the person directly supervising and educating;

đ) To receive a certificate confirming the completion of community-based supervision and education measures;

e) For persons subject to community-based educational measures, the term of such measures may be terminated when they meet the conditions specified in Clause 3 of Article 95 of the 2015 Criminal Code.

2. Obligations of persons under supervision and education:

a) To comply with laws, internal regulations, and rules of the place of residence, study, or work;

b) To accept supervision and education by organizations and the person directly supervising and educating;

c) To actively participate in training and vocational programs and engage in community labor;

d) To report on their studies, work, corrections of offenses, and progress when requested;

đ) To appear before the competent authority when required.

3. In addition to the obligations stipulated in Clause 2 of this Article, persons under supervision and education also have the following obligations:

a) Persons under supervision and education who are subject to community-based reconciliation measures must compensate for damages if any;

b) Persons under supervision and education who are subject to community-based educational measures must not leave their place of residence without permission and must fully comply with their obligations regarding study and work.

Article 26. Responsibilities and Rights of the Person Directly Supervising and Educating

1. The person directly supervising and educating has the responsibility:

a) To develop and implement the Plan for Supervision and Education;

b) To closely coordinate with agencies, organizations, and families in supervision and education activities;

c) To cooperate with the police station at the commune level in advising the Chairman of the People's Committee at the same level to organize the implementation of supervision and education measures;

d) To monitor, supervise, and urge the implementation of specific supervision and education measures and support services provided by agencies, organizations, and families;

đ) To regularly review and evaluate the situation and results of supervision and education monthly, record them in the Monitoring Report of the Implementation of the Supervision and Education Plan, and report to the Chairman of the People's Committee at the commune level;

e) To promptly inform the Chairman of the People's Committee at the commune level about any signs or behaviors violating the law by the supervised and educated person so that appropriate preventive, management, and educational measures can be taken;

g) Other responsibilities as prescribed in Articles 9, 10, 14, 18, Clause 1 of Article 19, Clause 1 of Article 20, Clause 2 and Clause 4 of Article 22, Clause 1 of Article 23, and Clause 1 of Article 24 of this Decree.

2. The person directly supervising and educating has the right:

a) To participate in training courses and capacity building programs to enhance skills, knowledge, and experience in education and assistance to the supervised and educated person;

b) To enjoy financial support for supervision and education activities and assistance to the supervised and educated person as prescribed in this Decree and other relevant provisions.

Article 27. Responsibilities of the Family of the Person Under Supervision and Education

1. Encourage and motivate the person under supervision and education to comply with the law, fulfill their obligations, and commit to correcting their mistakes.

2. Implement specific measures to manage, educate, and assist the person under supervision and education in daily life, study, and work; encourage and create conditions for them to participate in mass movements, organizational activities, and programs for counseling and developing life skills (if available) at their place of residence.

3. Closely cooperate with the People's Committee of the Commune/Ward/District, the direct supervisor and educator, local organizations, and groups to manage, educate, and assist the person under supervision and education.

4. Closely cooperate with schools and educational institutions where the person under supervision and education is studying to manage, motivate, and assist them in their studies and training.

5. Support the person under supervision and education in fulfilling their obligation to compensate for damages (if applicable).

Article 28. Responsibilities of the School

1. Closely cooperate with the People's Committee of the Commune/Ward/District and the direct supervisor and educator to create conditions for the person under supervision and education to fulfill their obligation to participate in educational programs and vocational training.

2. Implement specific measures to manage, educate, and assist the person under supervision and education during their participation in study and daily life at school.

3. Encourage and motivate the person under supervision and education to comply with the law and perform their duties well.

Article 29. Responsibilities of the People's Committee of the Commune/Ward/District

1. Organize the implementation of supervisory and educational measures according to the decision on applying supervisory and educational measures by competent judicial authorities.

2. Mobilize individuals with appropriate conditions, capabilities, and experience to participate in supervisory and educational work.

3. Direct the organization of vocational training programs, job search programs, counseling and skill development programs, health and social services, and labor services in the community to create conditions for the person under supervision and education to participate.
participate.

4. Support and ensure that the person under supervision and education fully enjoys preferential rights and state policies for children, including cultural education, vocational training, and participation in counseling and skill development programs in the community.

5. Propose the authority that applied the educational measure at the commune, ward, or town to terminate the period of supervision and education for the person under supervision and education.

6. Direct the preparation of budgets for the implementation of supervisory and educational measures and submit them to the competent authority for approval.

7. Report to the competent authority on the implementation of laws regarding the application of supervisory and educational measures.

Article 30. Responsibilities of the Police Station of the Commune/Ward/District

1. Advise the Chairman of the People's Committee of the Commune/Ward/District to organize the implementation of supervisory and educational measures.

2. Propose the allocation of the direct supervisor and educator; organize a meeting to announce the implementation of supervisory and educational measures.

3. Cooperate with the family, the direct supervisor and educator, and other agencies and organizations in managing, educating, and assisting the person under supervision and education.

4. Guide and assist the person under supervision and education in completing procedures for permanent residency registration, temporary residency registration, stay registration, temporary absence declaration; issuing new, replacement, or duplicate identity cards or citizen identification cards; monitor their absence from the place of residence and changes in their place of residence.

Receive the person under supervision and education who has moved to reside temporarily or temporarily absent from their place of residence, and evaluate their compliance with the law during their stay or temporary residence in the locality.

5. Prepare initial files and files for implementing supervisory and educational measures.

6. Closely cooperate with the direct supervisor and educator, the family of the person under supervision and education, and other agencies, organizations, and individuals in collecting information and documents to supplement the file for implementing supervisory and educational measures.

7. Regularly or upon request, compile data, assess the situation and results of implementing supervisory and educational measures within their jurisdiction, report to the Chairman of the People's Committee of the Commune/Ward/District and relevant authorities.

Article 31. Responsibilities of agencies, organizations, and individuals in coordinating to implement supervision and education

Agencies, organizations, and individuals mentioned in point b, Clause 2, Article 10 of this Decree shall have the responsibility to:

1. Participate in providing comments and building the Supervision and Education Plan;

2. Implement specific supervision and education measures prescribed in Articles 15, 16, and 17 of this Decree or provide necessary services to support the supervised and educated person according to the content and time specified in the Supervision and Education Plan;

3. Assist and create conditions for the supervised and educated person to fulfill their obligations;

4. Evaluate the implementation situation and effectiveness of supervision and education measures they directly carry out towards the supervised and educated person and propose solutions (if any) to be submitted to the person directly supervising and educating for consolidation.

Chapter IV
RESPONSIBILITIES OF MINISTRIES AND PEOPLE'S COMMITTEES AT ALL LEVELS IN ORGANIZING THE IMPLEMENTATION OF SUPERVISION AND EDUCATION MEASURES
THE ORGANIZATION AND IMPLEMENTATION OF SUPERVISION AND EDUCATION MEASURES

Article 32. Responsibilities of ministries

1. The Ministry of Justice is responsible for:

a) Draft and submit to competent authorities for promulgation legal documents on supervision and education measures for persons under 18 years old who commit crimes exempted from criminal liability;

b) Summarize and conclude the implementation situation of laws on supervision and education measures;

c) Guide the dissemination and education of laws on supervision and education measures; take the lead and coordinate with relevant ministries and sectors to conduct training and capacity building in implementing laws on supervision and education measures.

2. The Ministry of Public Security is responsible for:

a) Report periodically or upon request of competent authorities on the application of supervision and education measures;

b) Guide the application of laws in implementing supervision and education measures.

3. The Ministry of Finance shall be responsible for guiding the content and level of expenditure for expenses related to supervision and education.

Article 33. Responsibilities of provincial-level People's Committees and district-level People's Committees, town-level People's Committees, and city-level People's Committees under provincial-level cities

1. Provincial-level People's Committees within their functions, tasks, and powers shall be responsible for:

a) Submitting annual budget estimates, establishing support levels for direct supervisors and educators to be decided by the same-level People's Council;

b) Directing, inspecting, and supervising the implementation of supervision and education measures within their jurisdiction;

c) Directing the organization of communication, propaganda, and legal education on supervision and education measures;

d) Supporting commune-level People's Committees in organizing the implementation of supervision and education measures.

2. Responsibilities of district-level People's Committees, town-level People's Committees, and city-level People's Committees under provincial-level cities:

a) Directing, inspecting, and supervising the implementation of supervision and education measures within their jurisdiction;

b) Supporting commune-level People's Committees in organizing the implementation of supervision and education measures.

Chapter V
IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree shall take effect from the date of issuance.

Article 35. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial-level People's Committees, and subjects subject to this Decree shall be responsible for its implementation./.