Circular No. 42/2022/TT-BCA on the work of Head Teachers at Educational Reform Schools

CIRCULAR

Regulations on the work of the Head Teacher of the Educational Correctional Facility

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to Decree No. 140/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the regime for applying administrative measures involving placement in educational institutions for rehabilitation and compulsory educational institutions;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Prison Management Police Department, the Compulsory Educational Institution Management Department, and the Rehabilitation School;

The Minister of Public Security promulgates this Circular stipulating the work of the Head Teacher of the Educational Correctional Facility.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the standards for the Head Teacher, actions that the Head Teacher shall not undertake, professional training for the Head Teacher's work, and the tasks, rights, and responsibilities in managing, educating, organizing labor, and vocational training for students at educational correctional facilities.

Article 2. Applicability

1. Management authority of the educational correctional facility.

2. Educational correctional facility.

3. Head Teacher.

4. Students currently implementing decisions to apply administrative sanctions and placed in educational correctional facilities (hereinafter referred to as students).

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

Article 3. Standards for the Head Teacher

1. Meeting the job title standards of police officers and non-commissioned officers of the People's Public Security according to the regulations of the Minister of Public Security.

2. Having the ability and professional skills in managing, educating, organizing labor, and vocational training for students.

Article 4. Professional Training for the Work of the Head Teacher

1. Every two years, the Head Teacher must attend professional training organized by the Director of the Educational Correctional Facility on legal knowledge, psychology, and the duties of the Head Teacher.

2. Upgrading content

a) Legal provisions regarding the organization and operation of the Head Teacher;

b) Management, education, labor organization, vocational training, implementation of policies and systems, and mobilization of competitive movements for students;

c) Other contents related to the requirements and tasks of the Head Teacher.

3. The Department of Prison Administration, Compulsory Education Facilities, and Educational Correctional Facilities is responsible for compiling and distributing materials for professional training for the work of the Head Teacher.

Article 5. Actions That the Head Teacher Shall Not Undertake

1. Borrowing, lending, requesting, buying, selling, or exchanging money or items from students under any form; accepting material benefits or non-material benefits from students or their relatives.

2. Contacting or meeting with the relatives of students for personal gain. In cases where contact with the relatives of students is made to coordinate management and education of students, it must be approved by the Director of the Educational Correctional Facility and conducted at the visiting room or reception area of the Educational Correctional Facility.

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

4. Using words or actions that infringe upon the life, health, reputation, dignity, or discriminate against students in violation of regulations.

5. Altering records or documents related to students.

Chapter II

 SPECIFIC PROVISIONS

Article 6. Tasks in Managing Students

1. Studying files, understanding the background of students (full name, alias, age, place of origin, residence, family members, social relations, activity history); knowing physical characteristics, behavior violating laws, causes, conditions for committing violations, ideological changes of each student. Maintaining a record book for students in the Team or Group under their responsibility, regularly updating information and documents related to the implementation of decisions and managing records according to regulations.

2. Guiding students on necessary information when entering the Educational Correctional Facility.

3. Directing, inspecting, and urging students to strictly follow internal rules and regulations of the Educational Correctional Facility; practicing cultural living habits, personal hygiene, dormitories, bedrooms, common living areas, maintaining security and order in the Educational Correctional Facility. Promoting education to raise awareness about safety, labor hygiene, environmental protection, and other relevant regulations.

4. Developing plans and coordinating with relevant business units to organize the collection and gathering of information on illegal behaviors related to lawbreakers outside society who have not been discovered or punished, or students violating internal rules of the Educational Correctional Facility known to them or related to them.

5. Fifteen minutes before sending students to work or study, the Head Teacher must understand the situation, check internal order, and cooperate with medical staff to address sick or injured students needing rest from work or study.

6. When organizing students to participate in cultural, artistic, sports activities, working, or other activities, the Head Teacher must sign off on the handover log of the duty officer or security guard, directly escorting students back to the management area and handing over to the duty officer or security guard and signing the handover log. Taking students out of the management area during non-working hours requires written approval from the Director.

7. During the time organizing students to work, study, engage in cultural, artistic, sports activities, the Head Teacher may not leave their post without permission. If there is a request from the Director or a legitimate reason to leave, the Head Teacher must communicate with the security guard; if the security guard cannot manage and supervise the students, they must report to the team commander to arrange a replacement staff member; if a replacement cannot be arranged, the team or group of students must be returned to the management area.

8. When the Head Teacher goes on official business, takes leave, is ill, transfers positions, or retires, they must hand over management, education, labor organization, and vocational training tasks for the Team or Group of students to the assigned replacement staff; in the case of transferring positions or retiring, they must also hand over all assets, tracking logs, and related documents to the receiving staff.

9. Guiding students on how to exercise their right to appeal and denounce; receiving appeals and denunciations from students to report to competent authorities according to the Law on Appeals and the Law on Denunciation.

10. Cooperate with specialized construction teams to implement plans for preventing and responding to unexpected situations, riots, sabotage, and harm to the health, lives, and reputations of staff and students; prevent students from escaping or violating internal regulations; prevent attacks and disturbances from external sources; ensure the safety of the educational institution under all circumstances.

11. Coordinate with responsible staff to organize, inspect, and supervise food, clothing, accommodation, daily activities, study, and healthcare for students.

Article 7. Tasks of educating students

1. Develop education plans for student groups and individual students that are appropriate to the nature and severity of their legal violations, personal characteristics, and ideological developments.

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

3. Meet with students at least twice weekly to understand psychological changes, provide timely encouragement, counseling, and education to ensure compliance with decisions; show concern for sick or special-circumstance students. Each month, counsel and advise at least one-third of the students in the team or group they oversee. Organize one collective activity session per week for the team or group, and record these sessions in a logbook.

4. Study and explain to students regulations related to educational institutions; coordinate in disseminating current events, policies, laws, moral character education, personality development, revolutionary traditions, patriotism, national pride, resilience, and willpower. Coordinate in organizing advisory activities, vocational training, cultural, artistic, physical exercise, sports, recreational, reading, listening to radio, watching television activities.

5. Regularly, on a weekly, monthly, quarterly, or annual basis, or when required, organize meetings for student teams and groups under their supervision to review and evaluate the results of discipline, study, and labor for the group and each student; organize meetings to assess and rank competition performance, propose rewards, disciplinary actions, and reduced decision implementation periods for students; simultaneously, plan future management and educational activities.

6. In cases where students violate internal regulations, the class teacher must prepare a report, inform the team commander, and report to the Principal; cooperate with specialized teams to seize evidence and tools used in the violation, record statements from the violator and related parties, and propose handling measures according to regulations.

7. Within ten days before a student completes the decision to be placed in an educational institution, the class teacher must evaluate the implementation process, and cooperate with relevant specialized teams to complete procedures for the student's release according to regulations.

8. Two months before a student's decision period for placement in an educational institution ends, the class teacher must collaborate with administrative staff to organize educational programs for students nearing release, and notify relevant individuals and organizations as required.

Article 8. Tasks related to organizing labor and vocational training for students

1. Participate in building plans and organizing labor and vocational training suitable for students' age, health, and gender.

2. Guide and inspect the use and maintenance of items, personal belongings, tools, and protective equipment for students.

3. Propose appropriate additional food quantities for students when participating in labor as stipulated.

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

5. Coordinate with responsible staff to implement vocational guidance and training for students; organize increased production activities to improve students' living conditions upon approval by the Director of the Educational Rehabilitation Center.

Article 9. Authorities of the Class Teacher

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. Organize a Student Congress once every year to select and introduce students under their responsibility in the Team or Group to be elected to the Student Self-Management Board; propose the removal of members from the Student Self-Management Board belonging to the Team or Group when such students violate school regulations, fail to meet the required capabilities, or for other valid reasons, and submit a report and proposal to the relevant Business Unit for the Director's decision to recognize the Student Self-Management Board annually or as necessary.

3. Coordinate with relevant Business Units to detect and prevent violations of laws and school regulations; review letters and gifts received or sent by students.

4. Coordinate with relevant Business Units to propose or participate in meetings to consider commendations, disciplinary actions, reduction of time periods, temporary suspension, or exemption from remaining portions of administrative sanction decisions for students under their responsibility.

Article 10. Reporting System

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

In cases where incidents exceed the authority to resolve of the Team Commander, the Team Commander is responsible for reporting to the Director.

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

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from December 12, 2022, and replaces Circular No. 30/2016/TT-BCA dated July 11, 2016, issued by the Minister of Public Security regarding the work of Class Teachers at Educational Rehabilitation Centers.

Article 12. Responsibility for Implementation

1. The Director of the Prison Management Bureau, Compulsory Education Facilities, and Educational Rehabilitation Centers is responsible for guiding, urging, and inspecting the implementation of this Circular.

2. Heads of units under the Ministry, Provincial Police Chiefs, and Municipal Police Chiefs directly under the Central Government are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units should report to the Ministry of Public Security (through the Prison Management Bureau, Compulsory Education Facilities, and Educational Rehabilitation Centers) for timely guidance./.