Circular No. 43/2014/TT-BCA detailing the implementation of Decree No. 02/2014/NĐ-CP dated January 10, 2014 on the application and enforcement of administrative measures for placement in educational centers and compulsory education facilities.

CIRCULAR

Regulations detailing the implementation of Decree No. 02/2014/NĐ-CP
dated January 10, 2014, stipulating the regime for applying and enforcing administrative measures involving placement in educational centers and compulsory educational facilities.
Implementing Decree No. 02/2014/NĐ-CP dated January 10, 2014, concerning the regime for applying and enforcing administrative measures involving placement in educational centers and compulsory educational facilities.

Pursuant to the Ordinance on Procedures and Rulings for Applying Administrative Measures at People's Courts;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009, stipulating the 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);

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

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 detailing the implementation of Decree No. 02/2014/NĐ-CP dated January 10, 2014, concerning the regime for applying and enforcing administrative measures involving placement in educational centers and compulsory educational facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies principles, subjects, age, place of residence of persons proposed for placement in educational centers and compulsory educational facilities; funding for applying and enforcing such placements; treatment for students in educational centers and inmates in compulsory educational facilities, and organization of educational centers and compulsory educational facilities.

Article 2. Applicability

This Circular applies to:

1. Persons proposed for placement, persons required to enforce placement in educational centers.

2. Persons proposed for placement, persons required to enforce placement in compulsory educational facilities.

3. Agencies and individuals with authority to establish files and organize enforcement of placement in educational centers and compulsory educational facilities.

4. Organizations and individuals related to establishing files and organizing enforcement of placement in educational centers and compulsory educational facilities.

Article 3. Principles for Establishing Files and Enforcing Placement in Educational Centers and Compulsory Educational Facilities

1. Compliance with the Law on Handling Administrative Violations, guiding documents, and provisions of this Circular.

2. Ensuring the rights and legitimate interests of persons whose files are established, persons required to enforce placement in educational centers and compulsory educational facilities.

3. Strictly prohibiting any acts infringing upon the life, health, honor, dignity, property of persons whose files are established, persons required to enforce placement in educational centers and compulsory educational facilities.

Article 4. Funding for Establishing Files and Enforcing Placement in Educational Centers and Compulsory Educational Facilities

1. Funding for establishing files and enforcing placement in educational centers and compulsory educational facilities includes:

a) Funding for establishing, reviewing files proposing placement in educational centers and compulsory educational facilities; organizing placement of persons in educational centers and compulsory educational facilities; searching for and apprehending fugitives; organizing drug rehabilitation and treatment for students and inmates infected with HIV/AIDS;

b) Funding for constructing infrastructure, purchasing equipment, means, and organizing activities of educational centers and compulsory educational facilities; providing food, clothing, accommodation, living expenses, education, vocational training, cultural, artistic, and sports activities, and disease prevention, medical examination, and treatment for students and inmates; organizing the return of students under 16 years old, sick students, and inmates with serious illnesses to their home regions upon completion of their sentences or exemption from remaining time without family members to pick them up.

c) Other expenses related to establishing files and enforcing placement in educational centers and compulsory educational facilities.

2. Preparing budgets for establishing files and enforcing placement in educational centers and compulsory educational facilities

a) Police stations (hereinafter referred to as Police Stations at the Commune Level) prepare budget estimates and submit them to Police Departments at the District Level; Police Departments at the District Level consolidate and report to Police Departments at the Provincial Level. Based on proposals from Police Departments at the District Level and relevant units, Police Departments at the Provincial Level are responsible for preparing budget estimates for applying and enforcing placement in educational centers and compulsory educational facilities of their locality and submit them to the Finance Department of the Ministry of Public Security;

b) Educational centers and compulsory educational facilities prepare budget estimates and submit them to the Criminal Enforcement and Judicial Assistance Bureau. Based on proposals from educational centers and compulsory educational facilities, the Criminal Enforcement and Judicial Assistance Bureau prepares budget estimates for educational centers and compulsory educational facilities and submits them to the Finance Department of the Ministry of Public Security;

c) The Finance Department of the Ministry of Public Security prepares overall budget estimates based on budget estimates from Police Departments at the Provincial Level and the Criminal Enforcement and Judicial Assistance Bureau, and submits them for review and decision by the leadership of the Ministry of Public Security.

Chapter II

SPECIFIC PROVISIONS

Section 1

APPLYING AND ENFORCING PLACEMENT IN EDUCATIONAL CENTERS AND COMPULSORY EDUCATIONAL FACILITIES

Article 5. Subjects, age, place of residence of persons proposed to be subject to placement in educational centers or compulsory educational facilities

1. The subjects, age of persons proposed to be subject to placement in educational centers or compulsory educational facilities shall be implemented in accordance with the provisions of Article 92, Article 94 of the Law on Handling Administrative Violations, and Article 13 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and measures for implementing the Law on Handling Administrative Violations.

2. Place of residence of persons proposed to be subject to placement in educational centers or compulsory educational facilities

a) Stable place of residence is the place of permanent registration or temporary residence registration of the person proposed to be subject to placement in educational centers or compulsory educational facilities and is where that person currently resides regularly.

b) No stable place of residence refers to cases where the place of permanent registration or temporary residence registration of the person proposed to be subject to placement in educational centers or compulsory educational facilities cannot be determined, or there is a place of permanent registration or temporary residence but the person does not reside there and frequently wanders around without a fixed location.

Article 6. Request document for applying measures of placement in educational centers or compulsory educational facilities

When transferring the file proposing the People's Court to apply measures of placement in educational centers or compulsory educational facilities, it must be accompanied by a request document from the Head of the Police Department at the district level. The contents of the document include: Name of the People's Court authorized to apply measures of placement in educational centers or compulsory educational facilities; name, date of birth, gender, ethnicity, religion, education level, ID number, place of origin, place of permanent registration, current address, occupation, workplace or place of study, and a summary of the violation committed by the person proposed to be subject to placement in educational centers or compulsory educational facilities; time limit, place of execution of measures of placement in educational centers or compulsory educational facilities.

Article 7. Enforcement of decision on placement in educational centers or compulsory educational facilities

1. Within five working days from the date of receipt of the decision on placement in educational centers or compulsory educational facilities, the Head of the Police Department at the district level shall be responsible for organizing the transfer of the person required to execute the decision to the educational center or compulsory educational facility.

In cases where additional time is needed to complete necessary procedures before transferring the person required to execute the decision to the educational center or compulsory educational facility, the Head of the Police Department at the district level shall issue a decision to temporarily detain the person according to administrative procedures to complete these procedures. The procedure, process, duration, and place of temporary detention shall be carried out in accordance with the provisions of Decree No. 112/2013/NĐ-CP dated October 2, 2013 stipulating forms of expulsion penalties, temporary detention measures, escorting violators according to administrative procedures, and managing foreign nationals violating Vietnamese laws during the expulsion process.

The diet of the person under temporary detention shall be equivalent to the diet of students and inmates in educational centers or compulsory educational facilities and shall be budgeted annually in the Ministry of Public Security's budget.

2. If the person required to execute the decision on placement in educational centers or compulsory educational facilities does not voluntarily comply or engages in resistance behavior, they may be restrained, handcuffed, or other necessary coercive measures may be applied according to the law to compel them to comply with the decision. In cases where the resistance behavior indicates criminal acts, a case file must be established to examine and pursue criminal responsibility according to the law.

3. In cases where a person has a decision to apply measures of placement in educational centers or compulsory educational facilities but has not been transferred for execution and submits a request for postponement or exemption from executing the decision to the Police Department at the district level, the Head of the Police Department at the district level shall be responsible for transferring the request to the People's Court with jurisdiction to consider and decide on postponement or exemption from executing the decision to apply measures of placement in educational centers or compulsory educational facilities.

4. The procedure for transferring the person required to execute the decision to the educational center or compulsory educational facility shall be carried out in accordance with the provisions of Article 12, Article 27 of Decree No. 02/2014/NĐ-CP dated January 10, 2014 stipulating the system of application and enforcement of administrative handling measures of placement in educational centers and compulsory educational facilities (hereinafter referred to as Decree No. 02/2014/NĐ-CP).

Article 8. Pursuit of individuals who have escaped from a decision to be admitted to a corrective education center or compulsory educational facility

1. The pursuit of individuals who have escaped from a decision to be admitted to a corrective education center or compulsory educational facility shall be carried out in accordance with the provisions of Article 132 of the Law on Handling Administrative Violations and Clause 7 of Decree No. 02/2014/NĐ-CP.

2. Depending on specific cases, the decision to pursue shall be sent to the competent police agency, local People's Committee for the purpose of pursuing and apprehending the individual.

Article 9. Execution of decisions to postpone or temporarily suspend the execution of decisions to be admitted to a corrective education center or compulsory educational facility

1. Upon receipt of a decision to postpone or temporarily suspend the execution of a decision to admit a person to a corrective education center or compulsory educational facility, the Head of the County Police, the Principal of the Corrective Education Center, and the Director of the Compulsory Educational Facility must organize the execution of the decision.

2. Within five working days from the date of executing the decision to postpone or temporarily suspend the execution of the decision, or within three working days from the date of returning to the locality, the person whose execution has been postponed or temporarily suspended must report to the People's Committee of the commune where they reside; if unable to report personally, their relatives must report on their behalf.

3. When the period of postponement or temporary suspension expires, the person subject to the measure of being admitted to a corrective education center or compulsory educational facility must comply with the following regulations:

a) In the case where a person subject to the measure of being admitted to a corrective education center or compulsory educational facility but not yet transferred to execute the decision at the corrective education center or compulsory educational facility has been postponed, upon expiration of the postponement period, such person must voluntarily report to the County Police to be transferred to execute the decision. If they do not voluntarily report, the Head of the County Police will organize the escort of the individual to the corrective education center or compulsory educational facility. The escort shall be carried out in accordance with the regulations on administrative procedure for escorting persons.

b) In the case where a student or detainee has been temporarily suspended from executing the decision, upon expiration of the temporary suspension period, the student or detainee must voluntarily report to the corrective education center or compulsory educational facility to continue executing the decision. If they do not voluntarily report, the Principal of the Corrective Education Center or the Director of the Compulsory Educational Facility will organize the escort of the individual to the corrective education center or compulsory educational facility. The escort shall be carried out in accordance with the regulations on administrative procedure for escorting persons.

4. In the case where a person subject to the execution of a decision but not yet transferred to execute the decision at the corrective education center or compulsory educational facility, or a student or detainee whose execution has been postponed or temporarily suspended dies, their relatives must notify the People's Committee of the commune where the person subject to the decision, the student, or the detainee resides. The People's Committee of the commune must notify in writing about the death of the person subject to the decision, the student, or the detainee to the corrective education center or compulsory educational facility where the person was to execute the decision. The corrective education center or compulsory educational facility must notify in writing the People's Court that issued the decision to admit to the corrective education center or compulsory educational facility, the People's Court that issued the decision to postpone or temporarily suspend the execution of the measure of admission to the corrective education center or compulsory educational facility, the agency that proposed the measure of admission to the corrective education center or compulsory educational facility, and report to the General Bureau of Criminal Enforcement and Judicial Assistance.

Article 10. Reduction of duration or exemption from remaining time for students and inmates

1. Students who meet the conditions for reduction of duration or exemption from remaining time at the educational rehabilitation center shall have the Director of the educational rehabilitation center establish a Council to examine reduction of duration or exemption from remaining time at the educational rehabilitation center according to the following provisions:

a) The Council to examine reduction of duration or exemption from remaining time at the educational rehabilitation center consists of:

- The Director of the educational rehabilitation center serves as the Chairman of the Council;

- The Deputy Director of the educational rehabilitation center serves as the Vice-Chairman of the Council;

- The Head of the Education and File Team serves as the Secretary Member;

- Representatives of units under the educational rehabilitation center serve as Members;

- In cases where the educational rehabilitation center has branches, the Branch Manager also serves as a Member; in cases where the student proposed for examination of exemption from remaining time is suffering from a serious illness or is pregnant, the Medical Clinic Director or the treating doctor also serves as a Member.

b) For educational rehabilitation centers with branches, the Director of the educational rehabilitation center decides to establish a Sub-Council to examine reduction of duration or exemption from remaining time at the educational rehabilitation center at each branch. The Sub-Council consists of:

- The Deputy Director responsible for the branch of the educational rehabilitation center serves as the Head of the Sub-Council;

- The Branch Manager of the educational rehabilitation center serves as the Deputy Head of the Sub-Council;

- The Education and File Officer of the branch serves as the Secretary Member;

- Representatives of units under the branch serve as Members;

- In cases where the student proposed for examination of exemption from remaining time is suffering from a serious illness or is pregnant, the Health Officer of the branch or the treating doctor also serves as a Member.

The Sub-Council is responsible for examining the proposal for reduction of duration or exemption from remaining time at the educational rehabilitation center for students of their branch, preparing reports, and submitting files to the Council of the educational rehabilitation center to examine reduction of duration or exemption from remaining time at the educational rehabilitation center for students.

2. Inmates who meet the conditions for reduction of duration or exemption from remaining time at compulsory educational facilities shall have the Director of the compulsory educational facility establish a Council to examine reduction of duration or exemption from remaining time at the compulsory educational facility according to the following provisions:

a) The Council to examine reduction of duration or exemption from remaining time at the compulsory educational facility consists of:

- The Director of the compulsory educational facility serves as the Chairman of the Council;

- The Deputy Director responsible for educational work serves as the Vice-Chairman of the Council;

- The Head of the Education and File Team serves as the Secretary Member;

- Representatives of units under the compulsory educational facility serve as Members;

- In cases where the compulsory educational facility has zones, the Zone Manager also serves as a Member; in cases where the inmate proposed for examination of exemption from remaining time is suffering from a serious illness or is pregnant, the Medical Clinic Director or the treating doctor also serves as a Member.

b) For compulsory educational facilities with zones, the Director of the compulsory educational facility issues a decision to establish a Sub-Council to examine reduction of duration or exemption from remaining time at the compulsory educational facility at each zone. The Sub-Council consists of:

- The Deputy Director responsible for the zone of the compulsory educational facility serves as the Head of the Sub-Council;

- The Zone Manager of the compulsory educational facility serves as the Deputy Head of the Sub-Council;

- The Education and File Officer serves as the Secretary Member;

- Representatives of units under the zone serve as Members;

In cases where the inmate proposed for examination of exemption from remaining time is suffering from a serious illness or is pregnant, the Health Officer of the zone or the treating doctor also serves as a Member.

The Sub-Council is responsible for examining the proposal for reduction or exemption from remaining time at the compulsory educational facility for inmates of their zone, preparing reports, and submitting files to the Council of the compulsory educational facility to examine reduction of duration or exemption from remaining time for inmates.

3. Based on standards, conditions, and results of study and discipline of students and inmates, every four months (except in cases of urgent requests for examination of reduction or exemption from remaining time at the educational rehabilitation center or compulsory educational facility), the Council to examine reduction or exemption from remaining time at the educational rehabilitation center or compulsory educational facility is responsible for organizing meetings to examine specific cases. At the meeting of the Council, the Head of the Education and File Team (for educational rehabilitation centers) or the Head of the Education and File Team (for compulsory educational facilities) must propose the level of reduction or exemption from remaining time at the educational rehabilitation center or compulsory educational facility for each individual. Members of the Council express their opinions, after which the Council examines and decides on the proposals, prepares files, and submits lists to the Criminal Enforcement Bureau for review before proposing to the competent People's Court to make a decision.

4. In cases where students or inmates have been proposed for reduction of duration or exemption from remaining time but have not yet received a court decision and subsequently commit violations of the law or internal regulations of the educational rehabilitation center or compulsory educational facility, the Director of the educational rehabilitation center or the Director of the compulsory educational facility is responsible for convening the Council, preparing files, and proposing to the competent People's Court not to examine reduction or exemption from remaining time at the educational rehabilitation center or compulsory educational facility; in cases where a decision has already been made but not yet implemented, they propose to revoke the decision and report to the Criminal Enforcement Bureau.

Article 11. Temporary Procedure for Removing Students and Detainees from Educational Rehabilitation Centers and Compulsory Education Facilities

1. Upon receiving a document requesting the temporary removal of students and detainees from educational rehabilitation centers and compulsory education facilities from the competent criminal proceedings agency, the Principal of the educational rehabilitation center and the Director of the compulsory education facility shall issue a decision to temporarily remove the students and detainees from such centers and facilities, hand over the students and detainees to the person designated to receive them, and report in writing to the Criminal Enforcement and Legal Aid Bureau.

The person designated to receive the handover of students and detainees must have an Introduction Letter from the competent criminal proceedings agency. The transfer and receipt of students and detainees must be recorded in a record; this record shall be made in two copies, each party keeping one copy.

2. At the end of the period for the temporary removal of students and detainees from educational rehabilitation centers and compulsory education facilities, the agency that requested the temporary removal shall be responsible for returning the students and detainees to the educational rehabilitation center and compulsory education facility. In cases where there is a request to extend the temporary removal of students and detainees from educational rehabilitation centers and compulsory education facilities, the Head of the competent criminal proceedings agency must submit a written request for the Principal of the educational rehabilitation center and the Director of the compulsory education facility to issue a decision to extend the temporary removal of students and detainees from such centers and facilities and report in writing to the Criminal Enforcement and Legal Aid Bureau.

Article 12. Handling Cases Where Students and Detainees Have Bereavement or Other Urgent Matters

1. The procedure for allowing students and detainees to return home when they have bereavement or other urgent matters shall be carried out in accordance with Articles 25 and 40 of Decree No. 02/2014/NĐ-CP and the provisions of this Circular.

2. Bereavement of a student's or detainee's relative occurs when the relative dies, including the student's or detainee's spouse, paternal or maternal grandparents, biological parents, in-laws, direct caregiver, or full siblings.

3. An urgent matter involving a student or detainee is when a relative of the student or detainee is seriously ill or severely injured and unable to care for themselves, and there is no one else available to provide care and assistance except the student or detainee. In such cases, the Principal of the educational rehabilitation center and the Director of the compulsory education facility may consider allowing the student or detainee to return home. If the relative of the student or detainee has not recovered enough to care for themselves by the end of the leave period, the student or detainee, their family representative, or the guardian of the student or detainee must submit a request for extension, confirmed by the People's Committee of the commune where the student or detainee and their family reside, to the Principal of the educational rehabilitation center and the Director of the compulsory education facility for consideration and decision on extending the leave until the relative can care for themselves.

Article 13. Rewarding and Disciplining Students and Detainees

1. The rewarding and disciplining of students and detainees shall be carried out in accordance with Articles 21 and 36 of Decree No. 02/2014/NĐ-CP and the provisions of this Circular.

2. The Principal of the educational rehabilitation center and the Director of the compulsory education facility shall establish a Rewards and Discipline Review Board for students and detainees. The composition of the Rewards and Discipline Review Board for students and detainees shall be implemented in accordance with Clause 1 and Clause 2 of Article 10 of this Circular.

3. Students may be rewarded by being granted leave to visit their families if they show progress in work, study, and self-discipline, achieving at least a good grade, and still have living parents or close relatives (grandparents, siblings, direct caregivers).

4. In cases where a detainee violates rules during the execution of a decision at a compulsory education facility, has been educated and disciplined multiple times but still does not correct their behavior by the end of the education period, the provisions of Clause 2 and Clause 3 of Article 101 of the Administrative Violations Handling Law and Clause 2 of Article 36 of Decree No. 02/2014/NĐ-CP shall apply.

Article 14. Transfer of Students and Detainees

In cases where the number of students and detainees exceeds the permitted number at a rehabilitation school or compulsory educational facility, or due to operational requirements, the Director of the General Bureau of Criminal Enforcement and Judicial Assistance shall decide to transfer students and detainees from one rehabilitation school or compulsory educational facility to another based on the proposal of the Principal of the rehabilitation school or the Director of the compulsory educational facility, or other competent authority. The decision on transfer must be sent to the agency that established the file, the People's Court that issued the decision to apply the measure of placement in a rehabilitation school or compulsory educational facility, the students and detainees, their parents or guardians.

Article 15. Responsibilities in Applying and Enforcing Decisions for Placement in Rehabilitation Schools and Compulsory Educational Facilities

1. The General Bureau of Criminal Enforcement and Judicial Assistance shall have the responsibility to take the lead and coordinate with relevant units to assist the Ministry of Public Security in directing, guiding, and inspecting the enforcement of decisions for placement in rehabilitation schools and compulsory educational facilities at such schools and facilities.

2. The General Bureau of Crime Prevention and Suppression shall have the responsibility to take the lead and coordinate with relevant units to assist the Ministry of Public Security in directing, guiding, and inspecting the establishment of files and enforcement of decisions for placement in rehabilitation schools and compulsory educational facilities.

3. The Provincial Police Director, within the scope of their functions, duties, and powers, shall have the responsibility:

a) To direct, guide, and inspect the establishment of files and enforcement of measures for placement in rehabilitation schools and compulsory educational facilities;

b) To direct units under their management to monitor, assist, and educate individuals who have completed the decision for placement in rehabilitation schools and compulsory educational facilities according to Article 44 of Decree No. 02/2014/NĐ-CP;

c) To resolve complaints and denunciations related to the establishment of files, examination, and decision-making for transferring files to propose the application of measures for placing individuals in rehabilitation schools and compulsory educational facilities and organizing the enforcement of decisions for placement in rehabilitation schools and compulsory educational facilities;

4. The Head of the Provincial Social Order Crimes Investigation Police Department shall have the responsibility:

a) To take the lead and coordinate with relevant units to assist the Provincial Police Director in inspecting, guiding the establishment and transfer of files proposing the application of measures for placement in rehabilitation schools and compulsory educational facilities and organizing the enforcement of decisions applying measures for placement in rehabilitation schools and compulsory educational facilities.

b) To direct units under their management to monitor, assist, and educate individuals who have completed the decision for placement in rehabilitation schools and compulsory educational facilities according to Article 44 of Decree No. 02/2014/NĐ-CP;

5. The County Police Chief shall have the responsibility:

a) To guide the County Police Station in establishing files proposing the application of measures for placing individuals in rehabilitation schools and compulsory educational facilities;

b) To coordinate with competent authorities to examine the legality, review, and transfer files proposing the application of measures for placement in rehabilitation schools and compulsory educational facilities;

c) To organize the enforcement of decisions applying measures for placement in rehabilitation schools and compulsory educational facilities;

d) To direct units under their management to monitor, assist, and educate individuals who have completed the decision for placement in rehabilitation schools and compulsory educational facilities according to Article 44 of Decree No. 02/2014/NĐ-CP.

6. The Village Police Chief shall have the responsibility to establish files proposing the application of measures for placement in rehabilitation schools and compulsory educational facilities according to the law; implement directives and guidance from the Provincial Police and County Police in enforcing decisions applying measures for placement in rehabilitation schools and compulsory educational facilities; apprehend individuals with decisions for placement in rehabilitation schools and compulsory educational facilities who have absconded; manage individuals temporarily suspended or temporarily halted from executing measures for placement in rehabilitation schools and compulsory educational facilities; monitor, assist, and educate individuals who have completed the decision for placement in rehabilitation schools and compulsory educational facilities according to Article 44 of Decree No. 02/2014/NĐ-CP.

Section 2

ORGANIZATION OF REHABILITATION SCHOOLS AND COMPULSORY EDUCATIONAL FACILITIES

Article 16. Organization of Educational Institutions for Offenders

1. The Educational Institution for Offenders shall consist of the Principal, Deputy Principals, Branch Directors, Deputy Branch Directors, Team Leaders, Deputy Team Leaders of specialized teams; professional officers and non-commissioned officers; technical officers and non-commissioned officers; armed guards and workers of the Educational Institution for Offenders.

2. Each Educational Institution for Offenders manages from 500 to 1,500 students. An Educational Institution for Offenders with more than 1,000 students may establish branches.

Article 17. Qualifications of the Principal, Deputy Principals, Branch Directors, Deputy Branch Directors, Team Leaders, Deputy Team Leaders, Officers, Non-Commissioned Officers, Soldiers, and Workers of the Educational Institution for Offenders

1. The Principal, Deputy Principals, Branch Directors, Deputy Branch Directors, Team Leaders, Deputy Team Leaders, Officers, Non-Commissioned Officers, and Soldiers, and Workers of the Educational Institution for Offenders must be individuals with good political qualities, familiar with the Party's policies and State laws, and knowledgeable about their professional fields.

2. The Principal, Deputy Principals, Branch Directors, Deputy Branch Directors, Team Leaders, and Deputy Team Leaders of the Educational Institution for Offenders must be graduates of one of the following institutions: People's Public Security Academy, People's Police Academy, People's Police University, Public Security University, Law University, Social Sciences and Humanities University, or Normal University. In cases where the Principal, Deputy Principals, and Branch Directors of the Educational Institution for Offenders graduate from Law University, Social Sciences and Humanities University, or Normal University, they must complete a specialized training course on public security or police work before being appointed.

3. Professional officers and non-commissioned officers, and armed guard officers must be individuals who have graduated from a Police College or Public Security College or higher.

4. Technical officers and non-commissioned officers must be individuals who have graduated from a vocational high school or higher in the relevant field.

5. Officers, non-commissioned officers, and soldiers responsible for managing, protecting, and escorting students must be individuals who have been trained in protective work according to regulations set by the Minister of Public Security.

6. Workers must be individuals who have been trained and provided with knowledge in the relevant field.

Article 18. Compulsory Education Facility Organization

1. The organization of compulsory education facilities includes the Director, Deputy Directors; Team Leaders, Deputy Team Leaders; Zone Directors, Deputy Zone Directors; professional officers and non-commissioned officers; technical officers and non-commissioned officers; armed guards and workers of compulsory education facilities.

2. Each compulsory education facility manages from 500 to 3,000 inmates. A compulsory education facility with more than 1,000 inmates may establish zones. Within compulsory education facilities, areas and separate rooms (each room not exceeding 15 people) must be arranged to manage individuals undergoing drug rehabilitation, inmates repeatedly violating rules, and those frequently opposing and negatively affecting other inmates.

Article 19. Qualifications of the Director, Deputy Directors, Zone Directors, Deputy Zone Directors, Team Leaders, Deputy Team Leaders, Officers, Non-Commissioned Officers, Soldiers, and Workers of Compulsory Education Facilities

1. The Director, Deputy Directors, Zone Directors, Deputy Zone Directors, Team Leaders, Deputy Team Leaders, Officers, Non-Commissioned Officers, and Soldiers, and Workers must be individuals with good political qualities, familiar with the Party's policies and State laws, and knowledgeable about their professional fields.

2. The Director, Deputy Directors, Zone Directors, Deputy Zone Directors, Team Leaders, and Deputy Team Leaders must be graduates of one of the following institutions: People's Police Academy, People's Public Security Academy, People's Police University, Public Security University, Law University, Social Sciences and Humanities University, Normal University, Medical University, or equivalent. In cases where the Director, Deputy Directors, and Zone Directors of compulsory education facilities graduate from Law University, Social Sciences and Humanities University, Normal University, or Medical University, they must complete a specialized training course on public security or police work before being appointed.

3. Professional officers and non-commissioned officers, and armed guard officers must be individuals who have graduated from a Police College or Public Security College or higher.

4. Technical officers and non-commissioned officers must be individuals with a vocational high school degree or higher in the relevant field.

5. Officers, non-commissioned officers, and soldiers responsible for managing, protecting, and escorting inmates must be individuals who have been trained in protective work according to regulations set by the Minister of Public Security.

6. Workers must be individuals who have been trained and provided with knowledge in the relevant field.

Chapter III

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from November 25, 2014.

2. This Circular replaces Circular No. 23/2009/TT-BCA dated April 22, 2009, issued by the Minister of Public Security guiding the implementation of certain provisions of Decree No. 76/2003/NĐ-CP dated June 27, 2003, detailing the application of measures for placement in educational facilities and Decree No. 125/2008/NĐ-CP dated December 11, 2008, amending and supplementing certain provisions of Decree No. 76/2003/NĐ-CP; Circular No. 19/2011/TT-BCA dated April 20, 2011, issued by the Minister of Public Security detailing the implementation of administrative measures for placement in educational institutions for offenders.

Article 21. 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 heads of the General Departments under the Ministry, Heads of units directly under the Ministry, Provincial Police Directors, Provincial Fire Prevention and Fighting Directors, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if difficulties arise, local public security agencies shall report to the Ministry of Public Security (through the Criminal Enforcement and Judicial Assistance General Department) for timely guidance./.