Circular No. 49/2022/TT-BCA stipulates on classification of competition, commendation, and disciplinary measures for students at educational schools and inmates at compulsory education facilities.

CIRCULAR

Regulations on classification for commendation, rewards, and disciplinary actions for students at educational reform centers and compulsory education facility inmates

educational reform school, compulsory educational facility inmate

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 of administrative measures involving placement in educational reform centers and compulsory education facilities;

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 General Bureau of Prisons, Compulsory Education Facilities, and Educational Reform Centers under the Ministry of Public Security;

The Minister of Public Security promulgates this Circular regulating the classification for commendation, rewards, and disciplinary actions for students at educational reform centers and compulsory education facility inmates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the conditions, procedures, and authorities for classifying students undergoing administrative measures involving placement in educational reform centers and compulsory education facility inmates undergoing administrative measures involving placement in compulsory education facilities.

Article 2. Applicability

This Circular applies to:

1. Students undergoing administrative measures involving placement in educational reform centers (hereinafter referred to as students).

2. Inmates undergoing administrative measures involving placement in compulsory education facilities (hereinafter referred to as inmates).

3. Authorities responsible for classifying students and inmates for commendation, rewards, and disciplinary actions.

4. Organizations and individuals related to the classification of students and inmates for commendation, rewards, and disciplinary actions.

Article 3. Principles for Classification for Commendation, Rewards, and Disciplinary Actions

2. Ensuring the purpose, requirements, safety, effectiveness, and contributing to national security protection and maintaining public order and social safety.

2. Ensuring objectivity, fairness, transparency, and democracy.

3. Ensuring compliance with the objects, standards, conditions, procedures, and formalities for classifying students and inmates for commendation, rewards, and disciplinary actions.

Article 4. Prohibited Conduct

1. Altering records or documents related to the classification for commendation, rewards, and disciplinary actions.

2. Misusing the classification for commendation to benefit students and inmates improperly.

3. Misusing the classification for commendation and disciplinary actions to oppress, mistreat, or insult the dignity and personality of students and inmates.

Chapter II

CLASSIFICATION FOR COMMENDATION FOR STUDENTS AND INMATES

Article 5. Periodic Classification for Commendation for Students and Inmates

1. Students and inmates are classified for commendation in three periods: weekly, monthly, and quarterly.

2. Periodic Classification for Commendation

a) Weekly classification for commendation from Saturday of the previous week to Friday of the following week;

b) Monthly classification for commendation from the 26th day of the previous month to the 25th day of the following month;

c) Quarterly classification for commendation is calculated as follows: Quarter I from November 26 of the previous year to February 25 of the following year; Quarter II from February 26 to May 25; Quarter III from May 26 to August 25; Quarter IV from August 26 to November 25.

Article 6. Standards and Conditions for Classification for Commendation

1. Standards for Classification for Commendation for Students

a) Recognizing personal violations, being sincere and repentant; truthfully reporting crimes and illegal acts of others known to them;

b) Strictly adhering to laws and regulations of educational reform centers; actively preventing and combating wrongful acts;

c) Actively studying, working, learning trades, and participating in other educational programs; complying with labor discipline, safety, and hygiene; actively promoting commendation movements among educational reform center students;

d) Actively cultivating moral character and healthy lifestyles; respecting teachers and staff; respecting the lives, health, dignity, and personalities of themselves and others; fostering unity and mutual assistance in study and training to become useful members of society; practicing cultural, disciplined, orderly, and civilized living habits; protecting property and maintaining environmental cleanliness.

2. Standards for Classification for Commendation for Inmates

a) Recognizing personal violations, being sincere and repentant; truthfully reporting crimes and illegal acts of others known to them;

b) Strictly adhering to laws and regulations of compulsory education facilities; actively preventing and combating wrongful acts;

c) Actively studying, working, learning trades, and participating in other educational programs; fully participating in assigned work tasks; complying with labor discipline, safety, and hygiene; actively promoting commendation movements among compulsory education facility inmates;

d) Actively cultivating moral character and healthy lifestyles; respecting the lives, health, dignity, and personalities of themselves and others; fostering unity and mutual assistance in study and training to become useful members of society; practicing cultural, disciplined, orderly, and civilized living habits; protecting property and maintaining environmental cleanliness.

3. Conditions for Classification for Commendation

Students and inmates must have been at the educational reform center or compulsory education facility for four days or more to be eligible for weekly commendation classification; having been classified for three weeks or more, they are eligible for monthly commendation classification; having been classified for two months or more, they are eligible for quarterly commendation classification.

Article 7. Classification of Competition

The classification of competition for students and inmates is evaluated at four levels: excellent, good, average, and poor.

1. Excellent Classification

a) Weekly competition classification: Students comply well with the standards prescribed in Clause 1, Article 6, and inmates comply well with the standards prescribed in Clause 2, Article 6 of this Circular;

b) Monthly competition classification:

For months with 4 weeks, there must be at least 2 weeks classified as excellent, the remaining 2 weeks classified as good, with the last week classified as excellent.

For months with 5 weeks, there must be at least 3 weeks classified as excellent, the remaining 2 weeks classified as good, with the last week classified as excellent.

In cases where students and inmates have only been eligible for classification for 3 weeks, all 3 weeks must be classified as excellent or 1 week classified as good, 2 weeks classified as excellent, with the last week classified as excellent.

c) Quarterly competition classification: There must be at least 2 months classified as excellent, the remaining month classified as good, with the last month classified as excellent.

In cases where students and inmates have only been eligible for competition classification for 2 months, both months must be classified as excellent or the first month classified as good, the second month classified as excellent.

2. Good Classification

a) Weekly competition classification:

Students and inmates who achieve satisfactory results in implementing decisions during the week are assessed and classified as good according to the competition classification criteria.

In cases where students comply well with the standards prescribed in Points a, b, and d of Clause 1, Article 6, and inmates comply well with the standards prescribed in Points a, b, and d of Clause 2, Article 6 of this Circular, except for the standard prescribed in Point c of Clause 1, Article 6 (for students) and Point c of Clause 2, Article 6 (for inmates) regarding academic results, vocational training, labor, and other educational programs achieving an average level or being assessed as completed; not actively participating in competitive movement activities among students and inmates, then they are classified as good.

In cases where students and inmates do not participate in labor or study, or participate but with low efficiency due to illness or disease confirmed by the relevant Team Leader and approved by the Director of the Educational Institution, the Principal of the Detention School agrees, then they are classified as good.

b) Monthly competition classification:

For months with 4 weeks, there must be at least 2 weeks classified as good or excellent, the remaining weeks classified as average or higher, with the last week classified as good or excellent.

For months with 5 weeks, there must be at least 3 weeks classified as good or excellent, the remaining weeks classified as average or higher, with the last week classified as good or excellent.

In cases where students and inmates have only been eligible for classification for 3 weeks, all 3 weeks must be classified as good or 1 week classified as excellent, 2 weeks classified as good or 2 weeks initially classified as excellent, the last week classified as good or the first week classified as average, the following 2 weeks classified as good or excellent.

c) Quarterly competition classification: At least 2 months must be classified as good or excellent, the remaining month classified as average, with the last month classified as good or excellent.

In cases where students and inmates have only been eligible for classification for 2 months, both months must be classified as good or the first month classified as excellent, the second month classified as good or the first month classified as average, the second month classified as good or excellent.

3. Average Classification

a) Weekly competition classification:

Students and inmates who do not meet the criteria for good or excellent classification, or were previously classified as poor but have made efforts to improve, are classified as average.

b) Monthly competition classification:

For months with 4 weeks, if 1 week is classified as poor, the remaining 3 weeks must be classified as average or higher, with the last week classified as average or higher.

For months with 5 weeks, if 1 week is classified as poor, the remaining 4 weeks must be classified as average or higher, with the last week classified as average or higher.

In cases where students have only been eligible for classification for 3 weeks, all weeks must be classified as average or the last week classified as average, the remaining 2 weeks classified as average or higher.

c) Quarterly competition classification: The last month must be classified as average, the remaining 2 months classified as good or excellent, or 1 initial month classified as poor, the remaining 2 months classified as average or higher, with the last month classified as average or higher.

In cases where students and inmates have only been eligible for classification for 2 months, both months must be classified as average or the first month classified as good or excellent, the second month classified as average.

4. Poor Classification

Students and inmates who do not meet the conditions and criteria for average, good, or excellent classification as prescribed in Clauses 1, 2, and 3 of this Article.

Students and inmates who are subject to disciplinary action but show no significant improvement or progress in subsequent weeks of the month or subsequent months of the quarter; students and inmates who have lodged complaints that have been resolved and responded to in accordance with the law but continue to lodge illegal complaints about the decision to send them to the Detention School or Compulsory Educational Facility or about other issues related to compliance with the decision, are classified as poor.

Article 8. Classification for competition for students and inmates temporarily removed from educational centers and compulsory educational facilities at the request of criminal proceedings agencies

For students and inmates temporarily removed from educational centers and compulsory educational facilities at the request of criminal proceedings agencies, when they are returned to such centers, the classification for competition shall be based on the conditions and criteria set forth in Article 6 of this Circular and the comments from the receiving and managing agency during the period of temporary removal from the educational centers and compulsory educational facilities.

Article 9. Classification for competition in cases of meritorious service

Students and inmates who have performed meritorious service as stipulated in Clause 7, Article 3 of Decree No. 140/2021/ND-CP dated December 31, 2021 of the Government on the system of administrative measures involving placement in educational centers and compulsory educational facilities (hereinafter referred to as Decree No. 140/2021/ND-CP), their quarterly classification for competition at the time of performing meritorious service may be raised up to two levels as prescribed in Article 7 of this Circular. If at that time, the student or inmate has already met the criteria for excellent classification, the promotion of classification for competition will be implemented in the subsequent period or adjusted to raise the classification for competition of the previous period before performing meritorious service.

Article 10. Procedures and formalities for classification for competition for students and inmates

1. Procedures and formalities for weekly classification for competition meeting

a) On Fridays each week, the Class Teacher and the Chief Warder preside over a meeting to evaluate the implementation of decisions assigned to students and inmates under their charge for the purpose of assessing and classifying competition for the week;

b) Each student and inmate self-assesses their process of implementing the assigned decision, and proposes their own classification level for competition. The team collectively participates in discussions and votes by raising hands; if at least two-thirds of the students and inmates present agree, it will be included in the list of proposed classifications;

c) Based on the results of the assessment and classification for competition of students and inmates, the Class Teacher and the Chief Warder classify competition for each student and inmate and notify them of the results of the weekly classification for competition.

2. Procedures and formalities for monthly classification for competition meeting

a) On the 25th of each month, the Class Teacher and the Chief Warder preside over a meeting to evaluate the implementation of decisions assigned to students and inmates under their charge for the purpose of assessing and classifying competition for the month;

b) Each student and inmate self-assesses their process of implementing the assigned decision, and proposes their own classification level for competition. The team collectively participates in discussions and votes by raising hands; if at least two-thirds of the students and inmates present agree, it will be included in the list of proposed classifications;

c) Based on the results of the assessment and classification for competition of students and inmates for the month, the Class Teacher and the Chief Warder prepare a list of proposed classifications for competition for the month, which is then submitted to the Head of the relevant Operational Team for review and reporting to the Principal of the Educational Center or the Director of the Compulsory Educational Facility for approval. After the classification for competition for the month is finalized, the Class Teacher and the Chief Warder notify the students and inmates of the results.

3. Procedures and formalities for quarterly classification for competition meeting

a) The Class Teacher and the Chief Warder preside over meetings with teams of students and inmates to assess, evaluate, and classify for the first quarter on February 25, the second quarter on May 25, the third quarter on August 25, and the fourth quarter on November 25;

b) Before the teams of students and inmates meet to assess and classify for competition for the quarter, the Class Teacher and the Chief Warder guide the students and inmates to write self-assessment reports proposing their classification for competition for the quarter and outlining their future goals. In cases where students and inmates cannot write due to illiteracy or illness, another student or inmate can write on their behalf, and after listening and agreeing with the content, they sign or affix their fingerprint on the report, with confirmation signatures from the Class Teacher and the Chief Warder;

c) The Class Teacher and the Chief Warder require each student and inmate to read their self-assessment report on the implementation of the assigned decision. The team collectively participates in discussions and votes by raising hands; if at least two-thirds of the students and inmates present agree, it will be included in the list of proposed classifications;

d) Based on the results of the assessment and classification for competition of the teams of students and inmates for the quarter, the Class Teacher and the Chief Warder prepare a report and propose a list of classifications for competition to the Sub-Committee for Assessment and Proposal of Classification for Competition (for educational centers with branches or compulsory educational facilities with zones) or the Committee for Assessment and Classification for Competition for Students and Inmates as stipulated in Article 11 of this Circular;

For educational centers with branches or compulsory educational facilities with zones, based on the list of proposed classifications for competition for the quarter prepared by the Class Teacher and the Chief Warder, the Sub-Committee for Assessment and Proposal of Classification for Competition organizes a meeting. When reviewing a team of students and inmates, the Class Teacher and the Chief Warder report the proposed classification list for that team and explain any issues raised by the attendees. Voting is conducted by raising hands, and if at least two-thirds of the members of the Sub-Committee agree, it is approved. Thereafter, the Sub-Committee for Assessment and Proposal of Classification for Competition completes the files and lists and submits them to the Committee for Assessment and Classification for Competition for Students and Inmates;

e) The Committee for Assessment and Classification for Competition for Students and Inmates organizes a meeting based on the proposals of the Sub-Committee for Assessment and Proposal of Classification for Competition or the Head of the relevant Operational Team. When reviewing a branch or zone, the Head of the Sub-Committee of that branch or zone reports the list of students and inmates and explains any issues raised by the attendees. For educational centers without branches or compulsory educational facilities without zones, the Class Teacher and the Chief Warder directly report and explain to the Committee for Assessment and Classification for Competition for Students and Inmates.

The Committee for Assessment and Classification for Competition for Students and Inmates votes by raising hands, and if at least two-thirds of the members of the Committee agree, it is approved.

e) On the basis of the results of the meeting of the Council for assessment and classification of competition among students and inmates, the Class Teacher and the Detention Officer shall compile the self-criticism report on the implementation of decisions by the students and inmates, write comments and evaluation for the quarterly competition classification, transfer to the relevant Business Team Leader for verification, report to the Director of the Educational Rehabilitation Center, and have the Director of the Compulsory Education Facility review, sign, and stamp. After the quarterly competition classification results are obtained, the Class Teacher and the Detention Officer shall notify the students and inmates.

4. In cases where the 25th day specified in point a, Clause 2 and point a, Clause 3 of this Article falls on a Saturday or Sunday, the meeting shall be held on the following Monday; in cases where the 25th day is a public holiday or a Tet holiday, the team meeting for students and inmates shall be organized on the first working day after the holiday period.

5. The meetings for assessment and classification of competition among students and inmates on a weekly, monthly, and quarterly basis must be recorded in minutes.

Article 11. Council for Assessment and Classification of Competition; Sub-Council for Assessment and Proposal of Classification of Competition

1. The Director of the Educational Rehabilitation Center shall establish a Council for Assessment and Classification of Competition for students, consisting of: the Director of the Educational Rehabilitation Center as Chairman of the Council, the Deputy Director responsible for educational affairs and records as Vice-Chairman of the Council, and members including other Deputy Directors, Heads of Branches, and leaders of business teams appointed by the Director of the Educational Rehabilitation Center.

For Educational Rehabilitation Centers with branches, the Director of the Educational Rehabilitation Center shall decide to establish a Sub-Council for Assessment and Proposal of Classification of Competition for students at each branch, consisting of: the Head of the Branch as Head of the Sub-Council, and members being representatives of business teams appointed by the Director of the Educational Rehabilitation Center.

2. The Director of the Compulsory Education Facility shall establish a Council for Assessment and Classification of Competition for inmates, consisting of: the Director of the Compulsory Education Facility as Chairman of the Council, the Deputy Director responsible for educational affairs and records as Vice-Chairman of the Council, and members including other Deputy Directors, Heads of Zones, and leaders of business teams appointed by the Director of the Compulsory Education Facility.

For Compulsory Education Facilities with zones, the Director of the Compulsory Education Facility shall decide to establish a Sub-Council for Assessment and Proposal of Classification of Competition for inmates at each zone, consisting of: the Head of the Zone as Head of the Sub-Council, and members being representatives of business teams appointed by the Director of the Compulsory Education Facility.

Article 12. Management, Storage, and Notification of Results of Classification of Competition

1. Documents related to the classification of competition for students and inmates shall be kept in their individual files, including:

a) Self-criticism reports and comments on the proposal for classification of competition for students and inmates;

b) Decisions on rewards and punishments for students and inmates; health confirmation certificates for sick or hospitalized students and inmates (if applicable);

c) Other related documents (if applicable).

2. The quarterly classification of competition results for each student and inmate must be entered into the student and inmate database software. Documents related to the classification of competition for students and inmates must be stored and managed according to the file management regulations of the Ministry of Public Security.

3. Quarterly, after completing the classification of competition for students and inmates, the Director of the Educational Rehabilitation Center and the Director of the Compulsory Education Facility shall send notifications regarding compliance with decisions and competition classification results to the parents or legal guardians of the students and inmates.

Chapter III

REWARDING STUDENTS AND INMATES

Article 13. Forms of Reward

1. Students who strictly comply with laws, the Internal Regulations of the Educational Rehabilitation School, and achieve a Good or higher classification in academic performance, discipline, vocational training, and labor, or who have performed meritorious acts shall be rewarded according to one of the forms prescribed in Clause 1, Article 23 of Decree No. 140/2021/NĐ-CP.

2. Detainees who have outstanding achievements in discipline, study, and compliance with legal regulations, the Internal Regulations of Compulsory Education Institutions, or who have performed meritorious acts shall be rewarded according to one of the forms prescribed in Clause 1, Article 38 of Decree No. 140/2021/NĐ-CP.

Article 14. Procedures and Formalities for Rewards

1. Rewards through Competitive Campaigns

a) Prior to summarizing and concluding competitive campaigns, the Class Teacher and Warder organize meetings for student teams to evaluate and propose rewards for outstanding students and detainees with excellent achievements in these campaigns. Afterward, they vote by raising hands, and if at least two-thirds of the students or detainees present agree, they will propose rewards for the students and detainees.

b) Based on the meeting results, the Class Teacher and Warder guide the students and detainees to write individual achievement reports, collect relevant materials, and transfer them to the relevant functional units to report to the Small Committee for Reward Assessment (for educational rehabilitation schools with branches or compulsory education institutions with zones), or to the relevant functional units to report to the Student and Detainee Reward Assessment Council as stipulated in Article 15 of this Circular.

c) The Council convenes a meeting, votes by raising hands, and if at least two-thirds of the Council members agree, it approves the proposal.

2. Rewards in Cases of Meritorious Acts

a) If students or detainees perform meritorious acts as prescribed in Clause 7, Article 3 of Decree No. 140/2021/NĐ-CP, the Class Teacher and Warder guide them to write achievement reports, collect relevant materials, and transfer them to the relevant functional units to report to the Small Committee for Reward Assessment (for educational rehabilitation schools with branches or compulsory education institutions with zones), or to the relevant functional units to report to the Student and Detainee Reward Assessment Council as stipulated in Article 15 of this Circular.

b) The Student and Detainee Reward Assessment Council convenes a meeting, votes by raising hands, and if at least two-thirds of the Council members agree, it approves the proposal.

3. Based on the results of the Student and Detainee Reward Assessment Council meeting, the Principal of the Educational Rehabilitation School or the Director of the Compulsory Education Institution issues a decision to reward the students and detainees.

Article 15. Student and Detainee Reward Assessment Council; Small Committee for Reward Assessment

1. The Principal of the Educational Rehabilitation School establishes the Student and Detainee Reward Assessment Council and the Small Committee for Reward Assessment for Students. The composition of the Council and the Small Committee follows the provisions of Clause 1, Article 11 of this Circular.

2. The Director of the Compulsory Education Institution establishes the Student and Detainee Reward Assessment Council and the Small Committee for Reward Assessment for Detainees. The composition of the Council and the Small Committee follows the provisions of Clause 2, Article 11 of this Circular.

Article 16. Documentation for Reward Proposals

1. Achievement Reports.

2. Minutes of the Meeting Proposing Rewards for Student Teams and Detainee Teams.

3. Minutes of the Meeting of the Small Committee for Reward Assessment, accompanied by a list of students and detainees (if applicable).

4. Proposal from the Small Committee for Reward Assessment or from the Team Leader of the Relevant Functional Team.

5. Minutes of the Meeting of the Student and Detainee Reward Assessment Council.

Article 17. Implementation of reward decisions

1. Reward decisions for students and inmates shall be announced by the organization during the mid-term and final reviews of competitive movements.

2. In cases where reward decisions are made for meritorious acts, educational institutions, and compulsory education facilities must announce the decision to the collective of students and inmates immediately after the reward decision is issued.

3. The awarding of commendation certificates and rewards to students and inmates shall be organized.

Chapter IV

DISCIPLINARY ACTION AGAINST STUDENTS AND INMATES

Article 18. Forms of disciplinary action and principles of application

1. Forms of disciplinary action

a) Students violating the internal regulations of the educational institution shall be subject to disciplinary action in accordance with one of the forms prescribed in Clause 2, Article 23 of Decree No. 140/2021/NĐ-CP, depending on the nature and degree of violation;

b) Inmates violating the internal regulations of the compulsory education facility shall be subject to disciplinary action in accordance with one of the forms prescribed in Clause 2, Article 38 of Decree No. 140/2021/NĐ-CP, depending on the nature and degree of violation.

2. Principles of application

a) Any student or inmate who violates the internal regulations must be promptly and strictly dealt with according to the law. Each violation shall only be addressed once through one form of disciplinary action. If multiple students or inmates violate in the same incident, each shall be considered and disciplined accordingly. If a student or inmate commits multiple violations in the same incident, a single form of disciplinary action shall be applied, not separate forms for each individual violation;

b) When disciplining students and inmates, consideration must be given to evaluating the nature, degree, consequences, motives, purposes, causes, level of remorse, repentance, determination to correct the violation, and efforts to mitigate the consequences, to determine the appropriate form of disciplinary action.

Article 19. Application of forms of disciplinary action

1. A student who commits any of the violations specified in Article 1 of the Internal Regulations of the Educational Institution shall be subject to reprimand.

An inmate who commits any of the violations specified in Article 1 of the Internal Regulations of the Compulsory Education Facility shall be subject to reprimand.

2. Consideration for disciplinary action through a warning shall be made for students and inmates in the following circumstances:

a) A student or inmate who has already been disciplined through reprimand and then commits any of the violations specified in Article 1 of the Internal Regulations of the Educational Institution; an inmate who has already been disciplined through reprimand and then commits any of the violations specified in Article 1 of the Internal Regulations of the Compulsory Education Facility;

b) A student who commits any of the violations specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, and 18 of Article 2 of the Internal Regulations of the Educational Institution; an inmate who commits any of the violations specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 18, and 19 of Article 2 of the Internal Regulations of the Compulsory Education Facility.

3. Consideration for disciplinary action through private education for students and isolation in disciplinary cells for inmates shall be made in the following circumstances:

a) A student who has already been disciplined through a warning and then commits any of the violations specified in Article 1 and Clauses 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, and 18 of Article 2 of the Internal Regulations of the Educational Institution; an inmate who has already been disciplined through a warning and then commits any of the violations specified in Article 1 and Clauses 1, 2, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 18, and 19 of Article 2 of the Internal Regulations of the Compulsory Education Facility;

b) A student who commits any of the violations specified in Clauses 3, 10, and 13 of Article 2 of the Internal Regulations of the Educational Institution; an inmate who commits any of the violations specified in Clauses 3, 10, 11, and 14 of Article 2 of the Internal Regulations of the Compulsory Education Facility.

4. An inmate who has already been disciplined through isolation in a disciplinary cell and continues to violate the Internal Regulations of the Compulsory Education Facility shall be subject to disciplinary action through restrictions on the number of visits from relatives, telephone calls, and the quantity and frequency of receiving gifts.

Article 20. Circumstances Mitigating and Aggravating Disciplinary Measures

1. Circumstances Mitigating Disciplinary Measures

a) Voluntarily reporting one's own violation to staff, teachers of the educational correctional facility, compulsory education institution, and voluntarily acknowledging shortcomings before being discovered;

b) Voluntarily reporting, providing information, and fully and truthfully reflecting on those who violated together;

c) Voluntarily stopping the violation, remedying the consequences of the violation, and actively participating in preventing violations;

d) Violation due to objective reasons or under duress;

đ) Having many achievements during the implementation of decisions recognized with Commendation Certificates or confirmed as meritorious acts by competent authorities;

e) Voluntarily halting the violation midway, promptly reporting to staff, teachers of the educational correctional facility, compulsory education institution;

2. Circumstances Aggravating Disciplinary Measures

a) Not voluntarily acknowledging one's own shortcomings and violations but instead deceiving and concealing; not writing a statement or self-criticism;

b) Shielding co-violators; retaliating against those who report violations or provide evidence of violations;

c) Providing false information, reports; obstructing others from providing evidence of violations; destroying evidence;

d) Dealing with, hindering, making difficulties for the process of verifying and collecting evidence of violations;

đ) Violating during the probation period prescribed in Article 25 of this Circular;

e) Organized violation; being the organizer, mastermind, or instigator of the violation;

g) Forcing, organizing, enticing, assisting others to violate together.

3. Considering the Application of Disciplinary Measures in Cases with Mitigating and Aggravating Circumstances

a) In cases where students or inmates have disciplinary violations with more mitigating circumstances than aggravating circumstances, or with mitigating circumstances but no aggravating circumstances, a lighter disciplinary measure shall be applied compared to the disciplinary measure prescribed for the violation (if the prescribed disciplinary measure is reprimand, and there are more mitigating circumstances than aggravating circumstances or only mitigating circumstances without aggravating circumstances, then no disciplinary measure shall be applied);

b) In cases where students or inmates have disciplinary violations with equivalent mitigating and aggravating circumstances, the prescribed disciplinary measure shall be applied;

c) In cases where students or inmates have disciplinary violations with fewer mitigating circumstances than aggravating circumstances, or with aggravating circumstances but no mitigating circumstances, a stricter disciplinary measure shall be applied compared to the disciplinary measure prescribed for the violation.

Article 21. Procedure and Formalities for Considering Disciplinary Actions

1. When students or inmates violate the internal regulations of the educational correctional facility or compulsory education institution, the class teacher, custodial police officer, or staff discovering the violation must record the violation in a violation report, note down statements, and prepare a receipt for seized items (if any), and request the student or inmate to write a statement and self-criticism.

In cases where students or inmates cannot write due to illiteracy or illness, another student or inmate may write on their behalf, and after listening and agreeing with the content, they sign or affix their fingerprint on the statement and self-criticism, with confirmation from the class teacher or custodial police officer.

In cases where students or inmates do not sign the violation report or write a statement and self-criticism, the class teacher, custodial police officer, or staff discovering the violation must record the fact that the student or inmate did not sign the violation report or write a statement and self-criticism. The record must have signatures of at least two students or inmates witnessing the recording.

2. Based on the nature and severity of the violation, the class teacher or custodial police officer proposes a disciplinary measure, collects relevant materials, transfers them to the relevant business unit for inspection, completion, and reporting to the Student Discipline Review Subcommittee (for educational correctional facilities with branches or compulsory education institutions with zones) or transfers them to the relevant business team for inspection, completion, and reporting to the Student Discipline Review Council specified in Article 22 of this Circular for consideration and decision.

Article 22. Disciplinary Review Board; Disciplinary Sub-Committee

1. The Principal of the Juvenile Rehabilitation School shall establish the Disciplinary Review Board and the Disciplinary Sub-Committee for students. The composition of the Board and the Sub-Committee shall be carried out in accordance with the provisions of Clause 1, Article 11 of this Circular.

2. The Director of the Compulsory Education Facility shall establish the Disciplinary Review Board and the Disciplinary Sub-Committee for inmates. The composition of the Board and the Sub-Committee shall be carried out in accordance with the provisions of Clause 2, Article 11 of this Circular.

3. In cases where students or inmates violate internal regulations during holidays or Tet celebrations and need to be isolated to ensure the security and safety of the Juvenile Rehabilitation School, the Compulsory Education Facility, and the lives and health of students and inmates, but it is not possible to establish the Disciplinary Review Board as prescribed in Clauses 1 and 2 of this Article, the Principal of the Juvenile Rehabilitation School and the Director of the Compulsory Education Facility may delegate authority to the Deputy Principal or Deputy Director to decide on the establishment of the Disciplinary Review Board for students and inmates. The composition of the Board shall be determined by the Deputy Principal or Deputy Director who has been delegated authority, but must ensure at least five members, including representatives from teams responsible for the work of Class Teachers, Security Guards, Administrative Officers, Records, and Education.

4. Based on the results of the Disciplinary Review Board meeting, the Principal of the Juvenile Rehabilitation School and the Director of the Compulsory Education Facility shall issue a disciplinary decision against students and inmates.

Article 23. Disciplinary Proposal File for Students and Inmates

1. The disciplinary proposal file for students and inmates includes:

a) Minutes of the violation of internal regulations by students and inmates;

b) Minutes of the confiscation of evidence (if any);

c) Self-reporting and self-criticism statements of students and inmates who violated the regulations;

d) Minutes of the statement-taking of students and inmates who violated the regulations;

đ) Minutes of the non-signature of minutes or non-writing of self-reporting and self-criticism statements by students and inmates who violated the regulations (if any);

e) Reports of students and inmates who witnessed the violation of internal regulations (if any);

g) Health examination forms and minutes of body trace checks (if any);

h) Disciplinary proposals for students and inmates by Class Teachers, Security Guards, or staff who discovered the violations;

i) Disciplinary proposals for students and inmates by the Disciplinary Sub-Committee or by the Team Leaders of related Teams;

k) Minutes of the Disciplinary Sub-Committee meeting for students (if any);

l) Minutes of the Disciplinary Review Board meeting for students and inmates.

2. The disciplinary files for students and inmates must be stored and managed according to the record-keeping system of the Ministry of Public Security.

Article 24. Enforcement of Disciplinary Decisions

1. The Team Leader of the Related Operational Team must organize immediate enforcement of the disciplinary decision for students and inmates once the decision becomes effective, and simultaneously announce it publicly to the collective of students and inmates. In cases where inmates or students are disciplined during holidays or Tet, announcements shall be made through the public address system or bulletin boards within the residential area or student management area, followed by the announcement of the disciplinary decision on the first working day after the holiday period.

2. Before placing students in a separate educational room or inmates in a disciplinary cell, a physical check must be conducted, and a record of their health status must be established to prevent students or inmates from bringing prohibited items inside to cause disruption, escape, or self-harm. During the time students and inmates are serving their discipline, educational staff, Class Teachers, and Security Guards have the responsibility to meet with, educate, and resolve legitimate requests of students and inmates.

3. Students and inmates may bring plastic utensils for eating and drinking; clothes, quilts, mats, and mosquito nets into the separate educational room or disciplinary cell. Prohibited items or objects that could pose a danger to the life and health of students, inmates, and others are not allowed.

4. During the period of separate education or isolation in a disciplinary cell, if students or inmates clearly show remorse, determination to reform, or are in poor health and need to be released from the separate educational room or disciplinary cell before the scheduled time, the Team Leader of the Related Operational Team shall propose to the Principal of the Juvenile Rehabilitation School or the Director of the Compulsory Education Facility to consider and decide to release students or inmates from the separate educational room or disciplinary cell ahead of schedule. If students or inmates are in poor health due to hunger strikes or self-harm and need to be released from the separate educational room or disciplinary cell, reports and proposals shall be made to the Principal of the Juvenile Rehabilitation School or the Director of the Compulsory Education Facility to consider and decide to temporarily suspend the enforcement of discipline to provide care and treatment for students or inmates. Once the health of students or inmates stabilizes, the Principal of the Juvenile Rehabilitation School or the Director of the Compulsory Education Facility shall consider continuing the enforcement of the disciplinary decision.

Article 25. Recognition of Progress in Discipline for Students and Detainees

1. Students and detainees who have been subject to disciplinary measures must undergo a probation period to be recognized as having made progress in discipline. For the form of disciplinary measure of reprimand, the probation period is one month. For other forms of disciplinary measures, the probation period is two months. The probation period starts from the date the disciplinary decision for students and detainees is implemented.

2. During the probation period, if students and detainees actively cultivate themselves, improve their discipline, and correct their mistakes, they will be recognized as having made progress in discipline upon completion of the probation period.

In cases where students and detainees have complied with half of the probation period stipulated in Clause 1 of this Article and have received a commendation decision, they shall be considered and recognized as having made progress in discipline.

In cases where students and detainees have performed meritorious acts, they shall be considered and recognized as having made progress in discipline immediately upon receipt of a document confirming such meritorious acts.

The decision recognizing progress in discipline for students and detainees serves as a basis for considering and evaluating the classification of competition for students and detainees.

3. Five working days before the end of the probation period, if students and detainees meet the conditions to be recognized as having made progress in discipline, the Class Teacher and the Custodial Police Officer shall guide students and detainees to write a request for recognition of progress in discipline, a self-criticism report, and organize a meeting of the student team. Students and detainees who have been disciplined must self-criticize before the team so that students and detainees can contribute opinions and vote by raising hands; if at least two-thirds of the students and detainees attending the meeting agree with the proposal to recognize progress in discipline, the Class Teacher and the Custodial Police Officer shall complete the file and transfer it to the relevant business unit for inspection and recommendation to the Director of the Juvenile Rehabilitation School or the Director of the Compulsory Education Institution to consider and decide on the recognition of progress in discipline for students and detainees.

Article 26. File for Requesting Recognition of Progress in Discipline for Students and Detainees

1. The file for requesting recognition of progress in discipline for students and detainees includes:

a) A request for recognition of progress in discipline by students and detainees;

b) A self-criticism report by students and detainees;

c) Minutes of the student team meeting proposing recognition of progress in discipline, commendation decisions or confirmation of meritorious acts (if applicable);

d) A report recommending recognition of progress in discipline for students and detainees by the Head of the Relevant Business Team.

2. The file recognizing progress in discipline for students and detainees must be stored and managed according to the file management system of the Ministry of Public Security.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Forms Used in Classification of Competition, Commendation, and Disciplinary Measures for Students and Detainees

The Appendix attached to this Circular provides forms used in the classification of competition, commendation, and disciplinary measures for students and detainees.

Article 28. Effective Date

This Circular takes effect from December 31, 2022 and replaces Circular No. 44/2015/TT-BCA dated September 9, 2015 on competition for students of juvenile rehabilitation schools and detainees of compulsory education institutions.

Article 29. Responsibility for Implementation

1. Heads of units under the Ministry, Directors of Provincial Police Departments, Directors of Compulsory Education Institutions, Principals of Juvenile Rehabilitation Schools, and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The Director of the Department of Prison Management, Compulsory Education Institutions, and Juvenile Rehabilitation Schools is responsible for monitoring, guiding, and inspecting the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units, organizations, and individuals should report to the Ministry of Public Security (through the Department of Prison Management, Compulsory Education Institutions, and Juvenile Rehabilitation Schools) for timely guidance./.