Circular No. 48/2014/TT-BCA detailing the implementation of certain provisions of Decree No. 111/2013/NĐ-CP dated September 30, 2013 on the regime for applying administrative educational measures at commune, ward, town level.

 

CIRCULAR

Detailed Implementation of Certain Provisions of Decree No.

111/2013/NĐ-CP dated September 30, 2013 on the application regime of administrative educational measures at commune, ward, town level;

administrative measures for educational purposes at commune, ward, town level

___________________

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

On the basis of Decree No. 111/2013/NĐ-CP dated September 30, 2013 on the application regime of administrative educational measures at commune, ward, town level;

On the basis of Decree No. 77/2009/NĐ-CP dated September 15, 2009 on 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);

At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;

The Minister of Public Security promulgates this Circular to detail the implementation of certain provisions of Decree No. 111/2013/NĐ-CP dated September 30, 2013 on the application regime of administrative educational measures at commune, ward, town level.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of certain provisions of Decree No. 111/2013/NĐ-CP dated September 30, 2013 (hereinafter referred to as Decree No. 111/2013/NĐ-CP) regarding the application regime of administrative educational measures at commune, ward, town level (hereinafter referred to as educational measures at commune, ward, town level); the examination and decision-making on the application of family management measures for minors (hereinafter referred to as family management measures).

Article 2. Applicability

This Circular applies to:

1. Persons subject to administrative educational measures at commune, ward, town level, family management measures (hereinafter referred to as persons under education).

2. Agencies, organizations, families, other individuals related to the application of administrative educational measures at commune, ward, town level, family management measures.

Chapter II
SPECIFIC PROVISIONS

Article 3. Determination of Place of Residence of Persons Subject to Administrative Educational Measures at Commune, Ward, Town Level

In the following cases, persons subject to administrative educational measures at commune, ward, town level shall be considered as not having a stable place of residence as stipulated in point b Clause 1 Article 6 and Clause 2, Clause 3 Article 13 of Decree No. 111/2013/NĐ-CP:

1. Unable to determine the place of permanent registration or temporary residence registration of persons subject to administrative educational measures at commune, ward, town level.

2. Persons subject to administrative educational measures at commune, ward, town level have a place of permanent registration or temporary residence registration but do not regularly reside there and frequently change their place of stay.

Article 4. Determination of Persons Subject to Administrative Educational Measures at Commune, Ward, Town Level

When determining persons subject to administrative educational measures at commune, ward, town level according to Clause 2 Article 4 of Decree No. 111/2013/NĐ-CP, the following should be noted:

1. Persons aged from twelve to under fourteen years old who commit acts with signs of a very serious crime as defined in the Penal Code shall be understood as follows: within one year from the date such person commits the criminal act causing significant harm to society, if the highest penalty for that crime is fifteen years' imprisonment, then a file for applying administrative educational measures at commune, ward, town level shall be established.

2. Persons aged from fourteen to under sixteen years old who commit acts with signs of a serious crime as defined in the Penal Code shall be understood as follows: within six months from the date such person commits the criminal act causing considerable harm to society, if the highest penalty for that crime is seven years' imprisonment, then a file for applying administrative educational measures at commune, ward, town level shall be established.

3. Persons aged from fourteen to under eighteen years old, within six months, have been administratively punished at least twice for theft, fraud, gambling, disrupting public order, or persons aged eighteen years or older, within six months, have been administratively punished at least twice for violating property rights of agencies, organizations; property, health, reputation, dignity of citizens or foreigners; violating social order and safety, shall be understood as follows: within six months from the date such person commits one of the administrative violations stipulated in points c, d Clause 2 Article 4 of Decree No. 111/2013/NĐ-CP, if they have been administratively punished according to regulations up to the second time, and continue to commit administrative violations from the third time onwards without reaching the threshold for criminal prosecution, then no administrative punishment decision shall be made for this violation, but a record of violation and file for applying administrative educational measures at commune, ward, town level shall be established.

Article 5. Conditions for transferring to apply family-based management measures

1. A person subject to community education measures as stipulated in point c, Clause 2, Article 4 of Decree No. 111/2013/ND-CP shall be considered and decided to transfer to apply family-based management measures when meeting all conditions specified in Clause 1, Article 5 of Decree No. 111/2013/ND-CP, specifically as follows:

a) Voluntarily reporting and sincerely repenting about their own violation; having implemented measures to remedy consequences and compensate for losses caused by the violation, or such remedial actions and compensation have been carried out by their parents or guardians.

b) The person under education must have a clear and lawful place of residence, study, or work.

c) Parents or guardians must have good conduct, reside with the person under education; have stable income and meet the minimum living standard for the person under education; have plans, conditions, and convenient time to manage and educate the person under education; commit to including contents as prescribed in Clause 2, Article 20 of Decree No. 111/2013/ND-CP.

2. The assessment of conditions for a favorable living environment for implementing family-based management measures as stipulated in point b, Clause 1, Article 5 of Decree No. 111/2013/ND-CP is based on the provisions of Circular No. 23/2012/TT-BCA dated April 27, 2012, issued by the Minister of Public Security regarding residential areas, communes, wards, towns, agencies, enterprises, and schools meeting the "safe security and public order" standards to consider and decide.

Article 6. Advisory Meeting to Examine and Decide on Applying Community Education Measures

1. The advisory meeting to examine and decide on applying community education measures as stipulated in Article 18 of Decree No. 111/2013/ND-CP shall be organized and chaired by the Chairman of the People's Committee at the commune level. The Chairman of the People's Committee at the commune level assigns participants to record the minutes of the meeting. The minutes of the meeting must reflect the following main contents:

a) Time, location, purpose of the meeting;

b) Full name and position of the participants;

c) Summary of remarks made by participants on each issue discussed, opinions of the person under education (if any), issues discussed and voted upon;

d) Full name and signature of the participants.

2. In cases where special reasons such as focusing on disaster prevention and control, epidemic prevention, or political requirements of the locality, or the parents or legal representatives of minors cannot attend the meeting due to legitimate reasons, the advisory meeting must be postponed; the number of postponements shall not exceed three times. When the number of postponements has been exhausted but it is still impossible to convene the meeting, the Chairman of the People's Committee at the commune level shall seek written opinions from participants on applying community education measures for the person proposed to be subject to such measures. The Head of the Police Station at the commune level is responsible for collecting the opinions of representatives of agencies, organizations, and individuals who have been consulted and reporting to the Chairman of the People's Committee at the commune level for consideration and decision.

Article 7. Travel and Absence of Persons Under Community Education at Place of Residence

1. Persons under community education may be absent from their place of residence if there are valid reasons and must declare temporary absence according to the law on residence. The time spent away from the place of residence shall be counted towards the period of implementing the community education measure at commune, ward, town, but the total time of absence from the place of residence shall not exceed one third of the duration of this measure, except in cases where persons under community education suffer illness and need treatment at healthcare facilities as prescribed by doctors and have confirmation of treatment from such facilities.

2. Persons under community education are responsible for reporting to the police station of the commune where they temporarily reside. Upon completion of the temporary stay, they must obtain confirmation from the People's Committee of the commune or the police station of the commune where they temporarily reside regarding the duration of the temporary stay and compliance with the law at the place of temporary stay.

3. If persons under community education are absent from their place of residence without reporting, without the consent of the Chairman of the People's Committee of the commune, without reporting to the police station of the commune where they temporarily reside, and upon completion of the temporary stay without obtaining confirmation from the People's Committee or the police station of the commune where they temporarily reside, and during the temporary stay violate the law, then that period of absence shall not be counted towards the period of implementing the community education measure at commune, ward, town. In this case, the Chief of the Police Station shall propose to the Chairman of the People's Committee of the commune to consider and decide to extend the implementation period for persons under community education until they complete the required time according to the decision on community education at commune, ward, town.

Article 8. Exemption from Execution of Remaining Time of Decision on Community Education at Commune, Ward, Town

1. Immediately upon receipt of the application for exemption from execution of remaining time of the decision on community education at commune, ward, town from persons under community education or the document proposing exemption from persons assigned to assist them, the Chairman of the People's Committee of the commune shall immediately transfer the proposal to the Chief of the Police Station. The Chief of the Police Station has the responsibility to report in writing the results of education of persons under community education; seek opinions directly or in writing from relevant agencies, organizations, and individuals; and simultaneously propose his opinion in writing about exempting persons under community education from execution of remaining time of the decision on community education at commune, ward, town.

2. The Chief of the Police Station collects all opinions on exempting persons under community education from execution of remaining time of the decision on community education at commune, ward, town and transfers all these opinions to the Chairman of the People's Committee of the commune for consideration and decision. In case of agreement to exempt persons under community education from execution of remaining time, the Chairman of the People's Committee of the commune shall issue a decision exempting persons under community education from execution of remaining time of the decision on community education at commune, ward, town; and at the same time, issue a Certificate of Completion of Community Education at Commune, Ward, Town to persons under community education; file the dossier and send copies of these documents to the agency, organization entrusted with managing and educating persons under community education and the family of persons under community education. In case of disagreement to exempt persons under community education from execution of remaining time, the Chairman of the People's Committee of the commune shall issue a document responding clearly stating the reasons.

Chapter III
IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from December 8, 2014 and replaces Circular No. 22/2004/TT-BCA dated December 15, 2004 of the Ministry of Public Security guiding the implementation of certain provisions of Decree No. 163/2003/NĐ-CP dated December 19, 2003 detailing the implementation of the community education measure at commune, ward, town.

Article 10. Responsibility for Implementation

1. The Director of the Administrative Management Police Department for Social Order bears responsibility for directing, guiding, inspecting, and urging the implementation of this Circular.

2. The Director of the Public Security Department of province, centrally-run city directs the Administrative Management Police Department for Social Order to take the lead and coordinate with related units to guide public security units and localities under their jurisdiction to implement this Circular; regularly submit semi-annual and annual reports on the implementation of laws on the application of community education measures at commune, ward, town to the Ministry of Public Security (through the Administrative Management Police Department for Social Order and the Department of Legal Affairs and Administrative Reform, Justice). The deadline for submitting the semi-annual report is June 20th and the deadline for submitting the annual report is January 20th of the following year.

3. The Public Security Department of district, county, town, provincial city is responsible for directing, guiding, inspecting, and urging public security stations to strictly implement community education measures at commune, ward, town; regularly submit semi-annual and annual reports on the implementation of laws on the application of community education measures at commune, ward, town to the Public Security Department of the province. The deadline for submitting the semi-annual report is June 10th and the deadline for submitting the annual report is January 10th of the following year.

4. Public security stations are responsible for assisting the Chairman of the People's Committee at the same level in monitoring, educating, and managing persons under community education in the locality; regularly submit semi-annual and annual reports on the implementation of laws on the application of community education measures at commune, ward, town to the Public Security Department of the district.

5. The Heads of General Departments, Heads of Units under the Ministry, Directors of Public Security Departments of province, centrally-run city, Directors of Fire Prevention and Fighting Departments of province, centrally-run city, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, public security units and localities, organizations, and individuals shall report to the Ministry of Public Security (through the Administrative Management Police Department for Social Order) for timely guidance.