This Circular stipulates the forms to be used when applying administrative measures involving placement in a reformatory school, applicable to agencies, persons with authority to establish files and enforce such measures, individuals subject to consideration and decision on the application of such administrative measures, and related agencies, organizations, and individuals. This Circular specifies 26 specific forms for the management and education process of students at reformatory schools.
适用范围
Agencies, persons with authority to establish files and enforce administrative measures involving placement in a reformatory school; Individuals subject to consideration and decision on the application of administrative measures involving placement in a reformatory school; Agencies, organizations, and individuals related to the application and enforcement of administrative measures involving placement in a reformatory school.
要点
- Agencies, persons with authority → must establish files and enforce administrative measures involving placement in a reformatory school; may not arbitrarily change the content of the forms (Article 2).
- Individuals subject to consideration and decision on the application of administrative measures → must comply with regulations during the management and education process at reformatory schools (Article 3).
- Related agencies, organizations, and individuals → have the responsibility to manage the printing, distribution, and use of forms and prepare budgets for form printing (Articles 4-5).
- This Circular replaces Circular No. 56/2011/TT-BCA dated August 1, 2011, issued by the Minister of Public Security, stipulating forms to be used when applying administrative measures involving placement in a reformatory school (Article 6).
- Related agencies, organizations, and individuals → should report any difficulties regarding this Circular to the Ministry of Public Security for timely guidance (Article 7).
🌐 本文件的社会影响
- Positive impact: Saving time and effort in the management and education process of students at reformatory schools through the use of unified forms.
- Negative impact: The cost of printing forms funded by the state budget may impose financial pressure on implementing units.
❓ 常见问题
Which agencies or organizations are responsible for managing the printing and use of forms?
Local public security agencies are responsible for managing the printing, distribution, and use of forms and maintaining records to monitor them (Article 4).
Where does the funding for printing forms come from?
The funding for printing forms comes from the state budget, allocated in the annual budget plan of the Ministry of Public Security (Article 5).
To whom does this Circular apply?
This Circular applies to agencies, persons with authority to establish files and enforce administrative measures involving placement in a reformatory school; individuals subject to consideration and decision on the application of administrative measures involving placement in a reformatory school; and related agencies, organizations, and individuals (Article 2).
Which Circular does this replace?
This Circular replaces Circular No. 56/2011/TT-BCA dated August 1, 2011, issued by the Minister of Public Security, stipulating forms to be used when applying administrative measures involving placement in a reformatory school (Article 6).
Which agency is responsible for supervising and inspecting the implementation of this Circular?
The Director of the Criminal Enforcement and Legal Aid General Bureau is responsible for supervising and inspecting the implementation of this Circular (Article 7).
全文
CIRCULAR
Regulations on forms to be used when applying administrative measures
for placement in educational correctional facilities
Based on the Administrative Violation Handling Law dated June 20, 2012;
Pursuant to the Ordinance on Procedures and Formalities for Considering and Deciding on the Application of Administrative Measures at People's Courts dated January 20, 2014;
Pursuant to the Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and implementing mechanisms of the Law on Handling Administrative Violations;
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 the Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating functions, tasks, powers, and organizational structure of the Ministry of Public Security (amended and supplemented by Decree No. 21/2014/NĐ-CP dated March 25, 2014);
At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;
The Minister of Public Security issues this Circular regulating forms to be used when applying administrative measures for placement in educational correctional facilities.
Article 1. Scope of Regulation
This Circular regulates forms to be used when applying administrative measures for placement in educational correctional facilities.
Article 2. Applicability
1. Authorities and persons with competence to establish files and implement administrative measures for placement in educational correctional facilities.
2. Persons subject to consideration and decision on the application of administrative measures for placement in educational correctional facilities.
3. Authorities, organizations, and individuals related to the application and implementation of administrative measures for placement in educational correctional facilities.
Article 3. Forms to be used when applying administrative measures for placement in educational correctional facilities
1. Request for application of measure for placement in educational correctional facility (Form No. 01/TGD).
2. Summary of personal history and violation behavior of the person proposed for placement in educational correctional facility (Form No. 02/TGD).
3. Decision on management of the object during the procedure for applying measure for placement in educational correctional facility (Form No. 03/TGD).
4. Record of enforcement of decision on application of measure for placement in educational correctional facility (Form No. 04/TGD).
5. Record of escape (Form No. 05/TGD).
6. Decision on search and recovery (Form No. 06/TGD).
7. Record of arrest of the object, person, or student with a search and recovery decision (Form No. 07/TGD).
8. Record of handover of the student with a placement decision, object, or student who has escaped and been recaptured, temporarily released, or temporarily removed from the educational correctional facility (Form No. 08/TGD).
9. Notice of suspension of execution of search and recovery decision (Form No. 09/TGD).
10. Record of health status of the person with a placement decision (Form No. 10/TGD).
11. Decision on temporary suspension, extension of temporary suspension, or revocation of temporary suspension decision on execution of placement decision (Form No. 11/TGD).
12. Decision on temporary removal or extension of temporary removal period of student from the educational correctional facility (Form No. 12/TGD).
13. Record of transfer of file on application of measure for placement in educational correctional facility to criminal proceedings authority (Form No. 13/TGD).
14. Record of violation of internal regulations of educational correctional facility (Form No. 14/TGD).
15. Record of meeting of council for commendation or disciplinary action or recommendation for revocation of reduction or exemption from remaining time in educational correctional facility (Form No. 15/TGD).
16. Decision on commendation or disciplinary action for student in educational correctional facility (Form No. 16/TGD).
17. Assessment and classification of compliance with placement decision (Form No. 17/TGD).
18. Record of meeting of council for reduction of term or exemption from remaining time in educational correctional facility (Form No. 18/TGD).
19. Decision on transfer of student in educational correctional facility (Form No. 19/TGD).
20. Record of death of student in educational correctional facility (Form No. 20/TGD).
21. Record of burial of student (Form No. 21/TGD).
22. Record of exhumation and handover of remains (Form No. 22/TGD).
23. Record of handover of body of student (Form No. 23/TGD).
24. Certificate of completion of execution of placement decision in educational correctional facility (Form No. 24/TGD).
25. Cover of student file (Form No. 25/TGD).
26. Student tracking card (Form No. 26/TGD).
Article 4. Printing, using and managing forms
1. The forms prescribed in Article 3 of this Circular must be uniformly printed on A4 size paper with white material; the content of the forms shall not be arbitrarily changed. Specifically, the student file cover form (form number 25/TGD) shall be printed on 50cm x 33cm size paper with Kráp board material; the student tracking card (form number 26/TGD) shall be printed on 20cm x 18cm size paper, double-sided printing with white board paper, 175g/m2 weight.
2. Local public security units shall be responsible for managing the printing, distribution, use of forms, and opening registers to monitor.
Article 5. Funding for printing forms
The funding for printing forms prescribed in Article 3 of this Circular shall be provided from the state budget and allocated in the annual state budget estimate of the Ministry of Public Security. Local public security units shall be responsible for preparing and finalizing the budget for printing forms according to the State Budget Law, Accounting Law, and other guiding documents.
Article 6. Effectiveness
This Circular takes effect from October 28, 2014, and replaces Circular No. 56/2011/TT-BCA dated August 1, 2011, issued by the Minister of Public Security, regarding forms to be used when applying administrative measures for placement in educational correctional facilities.
Article 7. Responsibility for Implementation
1. The Director of the Criminal Enforcement and Judicial Assistance General Department shall be responsible for urging, inspecting, and guiding the implementation of this Circular; issuing various types of forms for the management and education of students.
2. The Directors of General Departments under the Ministry of Public Security, Principals of educational correctional schools, Provincial Public Security Chiefs, Chief of Fire Prevention and Control Police in centrally governed cities and provinces have the responsibility to implement this Circular.
During the implementation process, if any difficulties arise, local public security units, relevant agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Criminal Enforcement and Judicial Assistance General Department) for timely guidance.
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