Circular No. 43/2022/TT-BCA stipulates the dossier, procedure, and process for requesting the People's Court to consider reducing the duration, temporarily suspending the execution of decisions, and exempting from executing the remaining time for students at educational institutions and inmates at compulsory education facilities.

CIRCULAR

Regulations on the dossier, procedure, and process for requesting the People's Court to consider reducing the term, temporarily suspending execution of the decision, and exempting from executing the remaining time for students at educational centers and inmates at compulsory education facilities.

reducing the term, temporarily suspending execution of the decision, and exempting from executing the remaining time for students at educational centers and inmates at compulsory education facilities.

compulsory education facilities.

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 issues this Circular regulating the dossier, procedure, and process for requesting the People's Court to consider reducing the term, temporarily suspending execution of the decision applying the measure of sending to an educational center, compulsory education facility; exempting from executing the remaining time for students at educational centers and inmates at compulsory education facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the dossier, procedure, and process for requesting the People's Court to consider reducing the term, temporarily suspending execution of the decision applying the measure of sending to an educational center, compulsory education facility; exempting from executing the remaining time for students at educational centers and inmates at compulsory education facilities.

Article 2. Applicability

1. Students currently executing the decision applying the measure of sending to an educational center (hereinafter referred to as students).

2. Inmates currently executing the decision applying the measure of sending to a compulsory education facility (hereinafter referred to as inmates).

3. Agencies or persons with authority to review and propose reducing the term, temporarily suspending execution of the decision, and exempting from executing the remaining time for students at educational centers and inmates at compulsory education facilities.

4. Other agencies, organizations, and individuals related to the matter.

Article 3. Principles for reviewing and proposing to reduce the term, temporarily suspend execution of the decision, and exempt from executing the remaining time for students at educational centers and inmates at compulsory education facilities

1. Compliance with the provisions of laws on the enforcement of administrative measures of sending to an educational center, compulsory education facility, as stipulated in this Circular and related laws.

2. Ensuring objectivity, transparency, fairness, adherence to procedures, formalities, and authority; respecting and protecting the legitimate rights and interests of students at educational centers and inmates at compulsory education facilities.

Chapter II

DOSSIER, PROCEDURE, AND PROCESS FOR REQUESTING

REDUCTION OF THE TERM OF EXECUTION OF THE DECISION APPLYING THE MEASURE

OF SENDING TO AN EDUCATIONAL CENTER, COMPULSORY EDUCATION FACILITY

Article 4. Dossier for requesting reduction of the term of execution of the decision applying the measure of sending to an educational center, compulsory education facility

1. The dossier for requesting reduction of the term of execution of the decision applying the measure of sending to an educational center shall be implemented according to the provisions of Clause 2, Article 15 of Decree No. 140/2021/ND-CP dated December 31, 2021 of the Government on the regime of applying administrative measures of sending to an educational center and compulsory education facility (hereinafter referred to as Decree No. 140/2021/ND-CP).

2. The dossier for requesting reduction of the term of execution of the decision applying the measure of sending to a compulsory education facility shall be implemented according to the provisions of Clause 2, Article 29 of Decree No. 140/2021/ND-CP.

Article 5. Procedure and process for requesting reduction of the term of execution of the decision applying the measure of sending to an educational center, compulsory education facility

1. The class teacher responsible for the student team (hereinafter referred to as Class Teacher) and the prison guard responsible for the inmate team (hereinafter referred to as Prison Guard) organize meetings, propose lists, levels of reduction, assess, and request reduction of the term of execution of the decision applying the measure of sending to an educational center, compulsory education facility for each student, inmate when they fall under the circumstances specified in Clause 1, Article 112 of the Law on Handling Administrative Violations 2012, amended and supplemented in 2020 (hereinafter referred to as the Law on Handling Administrative Violations).

The Class Teacher and Prison Guard examine and propose reduction of the term of execution of the decision applying the measure of sending to an educational center, compulsory education facility for students at educational centers and inmates at compulsory education facilities if at least two-thirds of the students, inmates attending the meeting agree. The voting to propose reduction of the term of execution of the decision is conducted by secret ballot or raising hands. The results of the meeting must be recorded in a minutes document, signed by the Class Teacher, Prison Guard, and students, inmates who record the minutes.

2. Based on the meeting results, the Class Teacher and Prison Guard are responsible for compiling lists, proposing levels of reduction for each student, inmate, and attaching the minutes of the meeting to transfer to the Educational Affairs Team, dossier, Education Team, dossier to report to the Sub-committee of the branch, sub-district (for educational centers with branches, compulsory education facilities with sub-districts) or transfer to the specialized team assigned by the Director of the educational center, Director of the compulsory education facility to report to the Review Board, proposing reduction of the term of execution of the decision applying the measure of sending to an educational center, compulsory education facility as stipulated in Clauses 1 and 2, Article 6 of this Circular.

When at least two-thirds of the members of the Review Board agree, the Director of the educational center, Director of the compulsory education facility completes the dossier for requesting reduction of the term of execution of the decision applying the measure of sending to an educational center, compulsory education facility as stipulated in Article 4 of this Circular and transfers it to the Appraisal Board of the Department of Prison Management, Compulsory Education Facilities, Educational Centers as stipulated in Article 7 of this Circular for appraisal.

Article 6. The Review Board proposes to reduce the duration of execution of the decision on applying the measure of placement in a rehabilitation school or compulsory educational facility

For rehabilitation schools with branches, the Principal of the rehabilitation school shall decide to establish a Sub-review Panel at each branch proposing to reduce the duration of execution of the decision on applying the measure of placement in a rehabilitation school, consisting of: the Head of the branch as Head of the Sub-panel; members and secretaries being representatives of internal units directly under the Principal of the rehabilitation school.

For compulsory educational facilities with zones, the Director of the compulsory educational facility shall decide to establish a Sub-review Panel at each zone proposing to reduce the duration of execution of the decision on applying the measure of placement in a compulsory educational facility, consisting of: the Head of the zone as Head of the Sub-panel; members and secretaries being representatives of internal units directly under the Director of the compulsory educational facility.

3. The Heads of the Sub-panels established pursuant to Clause 1 and Clause 2 of this Article shall be responsible for reporting the results of the review and proposal to reduce the duration of execution of the decision to the students and inmates before the Review Board proposing to reduce the duration of execution of the decision on applying the measure of placement in a rehabilitation school or compulsory educational facility.

Article 7. Examination of the file proposing to reduce the duration of execution of the decision on applying the measure of placement in a rehabilitation school or compulsory educational facility

The Examination Board operates on a part-time basis and automatically dissolves upon completion of its tasks.

2. Content of examination: Procedures and formalities for organizing meetings, reviewing, and voting on proposals to reduce the duration of execution of the decision; the file proposing to reduce the duration according to regulations; other related contents.

Chapter III

FILE, PROCEDURES, AND FORMALITIES FOR PROPOSING SUSPENSION OF EXECUTION

DECISION, EXEMPTION FROM EXECUTION OF THE REMAINING PERIOD

 FOR STUDENTS OF REHABILITATION SCHOOLS, INMATES

COMPULSORY EDUCATIONAL FACILITIES

Article 8. Documents for requesting a temporary suspension of enforcement of decisions to apply measures for placement in educational centers or compulsory educational facilities

Clause 1. The documents for requesting a temporary suspension of enforcement of decisions to apply measures for placement in educational centers shall be implemented in accordance with the provisions of Clause 3, Article 15 of Decree No. 140/2021/NĐ-CP.

Clause 2. The documents for requesting a temporary suspension of enforcement of decisions to apply measures for placement in compulsory educational facilities shall be implemented in accordance with the provisions of Clause 3, Article 29 of Decree No. 140/2021/NĐ-CP.

Article 9. Documents for requesting exemption from remaining time of enforcement for students at educational centers and inmates at compulsory educational facilities

Clause 1. The documents for requesting exemption from remaining time of enforcement for students at educational centers shall be implemented in accordance with the provisions of Clause 5, Article 15 of Decree No. 140/2021/NĐ-CP.

Clause 2. The documents for requesting exemption from remaining time of enforcement for inmates at compulsory educational facilities shall be implemented in accordance with the provisions of Clause 5, Article 29 of Decree No. 140/2021/NĐ-CP.

Students at educational centers and inmates at compulsory educational facilities who fall under the circumstances for a temporary suspension of enforcement of decisions to apply measures for placement in educational centers or compulsory educational facilities as stipulated in Clause 2, Article 112 of the Law on Handling Administrative Violations shall have relevant specialized teams with functions and tasks, and according to the assignment of the Principal of the educational center, Director of the compulsory educational facility, responsible for completing the documents as prescribed in Article 8 of this Circular to report to the Principal of the educational center, Director of the compulsory educational facility to send to the People's Court of the district where the educational center or compulsory educational facility is located for consideration and decision on temporarily suspending enforcement of decisions to apply measures for placement in educational centers or compulsory educational facilities for students and inmates.

Article 11. Procedures and formalities for requesting exemption from remaining time of enforcement for students at educational centers and inmates at compulsory educational facilities

Clause 1. Class teachers and custodial police organize meetings, review, vote, and propose exemption from remaining time of enforcement for students at educational centers and inmates at compulsory educational facilities when students and inmates fall under the circumstances as stipulated in Clause 1, Article 112 of the Law on Handling Administrative Violations.

Class teachers and custodial police examine and propose exemption from remaining time of enforcement for students at educational centers and inmates at compulsory educational facilities if at least two-thirds of the students and inmates attending the meeting agree. Voting on the proposal to exempt from remaining time of enforcement is conducted through secret ballot or raising hands. The results of the meeting must be recorded in a minutes document, signed by the class teacher, custodial police, and students and inmates recording the minutes.

When at least two-thirds of the Review Board members agree, the Principal of the educational center, Director of the compulsory educational facility will complete the documents as prescribed and send them to the People's Court of the district where the educational center or compulsory educational facility is located for consideration and decision on exempting from remaining time of enforcement for students at educational centers and inmates at compulsory educational facilities.

Article 12. The Review Board proposes exemption from serving the remaining time for students at educational correctional schools and inmates at compulsory educational facilities.

1. The Review Board proposing exemption from serving the remaining time for students at educational correctional schools and inmates at compulsory educational facilities shall be established by the Principal of the educational correctional school or the Director of the compulsory educational facility.

2. The Review Board proposing exemption from serving the remaining time at the educational correctional school shall include members as prescribed in Clause 1, Article 6 of this Circular.

3. The Review Board proposing exemption from serving the remaining time at the compulsory educational facility shall include members as prescribed in Clause 2, Article 6 of this Circular.

Chapter IV

IMPLEMENTING PROVISIONS

This Circular takes effect from December 12, 2022.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Director of the Department of Prison Management, Compulsory Educational Facilities, and Educational Correctional Schools shall be responsible for monitoring, guiding, urging, and inspecting the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Department of Prison Management, Compulsory Educational Facilities, and Educational Correctional Schools) for timely guidance./.