✦ 스마트 요약
Decree No. 52/2001/ND-CP guides the application of educational correctional measures for juvenile offenders aged from 14 to under 18 years old. This measure is implemented at educational correctional schools with a duration of one to two years. The decree provides detailed regulations on procedures for enforcement, rights and obligations of students, responsibilities of management agencies, as well as sanctions for violations.
적용 범위
Juveniles aged from 14 to under 18 years old who commit crimes and are subject to educational correctional measures; educational correctional schools; police agencies; courts; Ministry of Education and Training; Ministry of Labor, Invalids and Social Affairs; Ministry of Health.
핵심 사항
- Juveniles aged from 14 to under 18 years old who commit crimes may be subject to educational correctional measures with a duration of one to two years, implemented at educational correctional schools.
- Police agencies are responsible for organizing the enforcement of court decisions and managing individuals required to comply with educational correctional measures.
- Students enjoy rights such as studying culture and vocational skills, participating in recreational activities; they also have the obligation to abide by school rules.
- Educational correctional schools are responsible for organizing moral, legal, cultural education, and vocational training for students.
- The enforcement of educational correctional measures must ensure the correct target and comply with the provisions of the Criminal Code and the Criminal Procedure Code.
🌐 이 문서의 사회적 영향
- Positive impact: Helps juvenile offenders reform their character, learn vocational skills to become useful citizens for society.
- Negative impact: May impose financial and management burdens on the state; restrict personal freedom of students for a long period.
❓ 자주 묻는 질문
Who can be subject to educational correctional measures?
Educational correctional measures are applied to juveniles aged from 14 to under 18 years old who commit crimes, if it is not necessary to apply criminal punishment to them but due to the nature of the criminal act and their background, they need to be placed in educational correctional schools.
What is the duration of compliance with educational correctional measures?
The duration of compliance with educational correctional measures ranges from one to two years, calculated from the date when the individual subject to the measure is admitted to the educational correctional school.
Which agency is responsible for enforcing educational correctional measures?
Police agencies at the same level are responsible for organizing the enforcement of court decisions and managing individuals required to comply with educational correctional measures.
What rights do students have in educational correctional schools?
Students have the right to study culture and vocational skills, participate in recreational activities; they also have the obligation to abide by school rules.
How will violations of regulations on the enforcement of educational correctional measures be handled?
Individuals violating legal regulations on the enforcement of educational correctional measures will be disciplined, administratively punished, or criminally prosecuted; in cases causing damage, compensation must be provided according to the law.
전문
DECREE
Guidelines for Implementing Judicial Measures of Placement in Educational Reform Schools
__________________
THE GOVERNMENT
Pursuant to the Government Organization Law dated September 30, 1992;
To implement the judicial measure of placement in educational reform schools stipulated in Article 70 of the Criminal Code of 1999 and Articles 277 and 279 of the Criminal Procedure Code dated June 9, 2000;
At the proposal of the Minister of Public Security and the Minister of Justice,
DECREE:
PART I
GENERAL PROVISIONS
Article 1.
1. The judicial measure of placement in educational reform schools for juvenile offenders (hereinafter referred to as the educational reform measure) is provided for in the Criminal Code, a measure decided by the Court and applied to juveniles aged from 14 years old to under 18 years old who commit crimes, if it is deemed unnecessary to impose punishment on them, but due to the nature of their criminal acts, personal background, and living environment, they need to be placed in an educational reform school.
2. Individuals placed in an educational reform school must comply with supervision, management, and education by the school and must study, train, work, and live under the management and guidance of staff and teachers at the educational reform school. Those currently serving the educational reform measure are called students of the educational reform school (hereinafter referred to as students).
3. The duration of serving the educational reform measure ranges from one year to two years, calculated from the date when the individual subject to the measure is accepted into the educational reform school.
Article 2.
1. The place of serving the educational reform measure is educational reform schools organized according to the provisions of laws on administrative violations.
2. Educational reform schools have the responsibility to manage, educate morality, law, culture, vocational training, career orientation, and organize labor for students in accordance with their age group, aiming to help them progress in learning and training, develop healthily both physically and mentally, and become honest and useful members of society capable of integrating into the community after completing the educational reform measure.
Article 3. The implementation of the educational reform measure must ensure compliance with the objects and regulations set forth in the Criminal Code, the Criminal Procedure Code, and this Decree.
Any act that infringes upon the life, health, reputation, dignity, and property of students is strictly prohibited.
Chapter II
PROCEDURES FOR IMPLEMENTING THE EDUCATIONAL REFORM MEASURE
Article 4.
1. Immediately upon receiving the decision to implement the educational reform measure from the Court, the police agency at the same level shall be responsible for:
a) Developing plans to coordinate with relevant agencies, organizations, local authorities, and families of individuals subject to the measure to closely monitor and supervise them;
b) Organizing the implementation of the Court's decision.
2. In cases where individuals who have been decided to serve the educational reform measure flee, the police agency at the district level where such individuals reside must issue a decision to organize searches and bring them to the school.
3. Upon discovering individuals subject to the educational reform measure fleeing while being searched, all individuals, families, agencies, and organizations shall report to the police agency or the nearest authority. When accepting and holding such individuals, the police agency must record in a logbook and immediately transfer them to the educational reform school.
Article 5. The file for placing individuals in an educational reform school includes:
Personal history;
Copies of identification documents;
Health examination form;
Decision of the Court to implement the educational reform measure;
Document of the authorized police agency designating the educational reform school responsible for implementing the Court's decision;
Other related documents concerning the personal background of the individual to be placed in the educational reform school (if any).
Article 6.
1. Individuals subject to the educational reform measure may be temporarily suspended from serving the measure if they fall into one of the following situations:
a) Seriously ill, requiring emergency care, or for other health reasons preventing them from traveling, certified by a medical institution or hospital at the district level or higher;
b) For other legitimate reasons hindering the implementation of the educational reform measure, confirmed by the head of the district-level police agency.
2. The temporary suspension of the educational reform measure can only be implemented with a decision from the Court that issued the decision to implement the measure.
3. The district-level police agency has the responsibility to notify the Court that issued the decision to implement the measure in writing about cases where individuals subject to the measure fall within the scope of paragraph 1 of this Article or cases where individuals temporarily suspended from serving the measure no longer have grounds for suspension, so that the Court can consider and decide on the temporary suspension or continued implementation of the educational reform measure.
Article 7.
1. The person directly receiving individuals placed in the educational reform school must check the files, identity cards, and record the handover.
2. The educational reform school is responsible for establishing individual student files to monitor their process of serving the educational reform measure; quarterly, every six months, and annually, they must report to the educational reform school management agency of the Ministry of Public Security on the situation of managing and educating students.
Article 8. Within the latest period of seven days from the date of receiving students, the principal of the educational reform school must notify the parents or legal representatives of the students, the Court that issued the decision to implement the measure, the district-level police agency, and the commune-level police agency where the students previously resided.
Chapter III
REGIME FOR STUDENTS IN EDUCATIONAL REFORM SCHOOLS
Article 9.
1. Students must comply with supervision, management, education, and assigned labor tasks by staff and teachers of the school and strictly adhere to the internal rules of the school.
2. Based on age, gender, cultural level, nature, and degree of criminal acts, the school arranges students into teams and classes. Each team and class must have staff and teachers of the school directly responsible.
Article 10. If students flee, the principal must immediately mobilize staff, teachers, and employees to search for them and notify the district-level police agency where the school is located in writing to organize the search. During the search, if they find the student, the district-level police agency must record in a logbook and inform the school; upon receiving the notification, the school has the responsibility to receive the student. The time spent fleeing by the student is not counted towards the duration of serving the educational reform measure.
Article 11.
1. The extraction of students for service in investigations, prosecutions, trials, or in special circumstances can only be carried out with an extraction order from an authorized person at the request of the agency handling the case. The extraction order and procedures are implemented according to the regulations of the Minister of Public Security.
2. The requesting agency is responsible for transporting and returning the students to school according to the time limit specified in the extraction order; when handing over the students, a record must be established. The extraction period is included in the execution period of the educational guidance measure.
Article 12. Students at the educational correctional facility shall study culture, vocational education, and learn trades according to the programs of the Ministry of Education and Training, the Ministry of Public Security, and the Ministry of Labor, Invalids, and Social Affairs.
For students who have not reached the compulsory primary education level, studying culture is mandatory. For other students, their studies and work shall be organized based on their abilities and actual conditions.
Monthly funding for each student to purchase books, stationery, and learning materials from the state budget shall be implemented according to current regulations applicable to students subject to administrative violation handling measures and placed in educational correctional facilities.
Article 13.
1. The educational correctional facility is responsible for organizing examinations, evaluations, and classifications of students, and organizing exams (mid-term, end-of-year, grade promotion, selection of excellent students, etc.) in accordance with the regulations of the Ministry of Education and Training and the Ministry of Labor, Invalids, and Social Affairs.
2. Grade books, records, files, and related forms concerning students' studies must follow the unified models of the Ministry of Education and Training.
3. Certificates of cultural studies and vocational training issued by the school to students are equivalent to those of general schools and vocational schools.
Article 14.
1. Outside of study hours, students must participate in labor organized by the school. The school is responsible for arranging tasks suitable to the age and health of the students to ensure normal physical, intellectual, and moral development.
2. Students may not be used for heavy, dangerous, or toxic jobs listed by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health.
3. The working hours of students shall not exceed their study hours. Study and work hours combined shall not exceed seven hours per day and thirty-five hours per week. Additional hours or night work can only be used in truly necessary cases and in accordance with labor laws.
4. Students are entitled to holidays and public holidays as prescribed by the State.
5. The results of students' labor shall be used to improve their living conditions, daily life, and studies.
Article 15. Besides cultural studies, vocational training, and labor, students may participate in cultural, artistic, sports, reading, watching television, and other recreational activities organized by the school.
Article 16. Based on gender, age, personal characteristics, nature, and degree of criminal acts, the school arranges accommodation and living conditions suitable for collective dormitories. Dormitories must ensure ventilation in summer and protection from cold winds in winter, and maintain hygiene standards. The minimum area for each student's residence is 2.5 square meters.2.
Article 17. Students are provided with beds or platforms with mats and are allowed to use personal items (except those prohibited in the educational correctional facility); if lacking, the school will lend or provide them.
Items lent or provided to students by the school shall be implemented according to current regulations applicable to students subject to administrative violation handling measures and placed in educational correctional facilities.
Article 18.
1. The food standard, fuel (including during national holidays and festivals), and medical treatment for each student funded by the state budget shall be the same as for each student subject to administrative violation handling measures and placed in an educational correctional facility.
2. Meal and rest arrangements for sick, injured, or ill students as prescribed by doctors.
Article 19. Sick, injured, or ill students shall be treated at the school's healthcare facility; in cases of severe illness or injury beyond the school's capacity, the principal shall decide to transfer them to external healthcare facilities. The school shall bear the costs of examination and treatment.
Article 20.
1. In case of a student's death, the principal must immediately inform the People's Procuracy and the police of the district where the school is located to establish a record and determine the cause of death, with a witness from the school present. The school has the responsibility to promptly notify the deceased's family.
After obtaining permission from the investigation agency and the People's Procuracy for burial, the school is responsible for organizing the funeral. Funeral expenses shall be covered by the state budget according to current regulations. If the deceased's family requests to organize the funeral themselves, the school shall hand it over to them. The funeral organization must comply with environmental sanitation regulations, legal provisions, and local customs.
2. In case of a student's accident, the principal must complete necessary procedures to handle accident allowances. The Ministry of Labor, Invalids, and Social Affairs leads and coordinates with the Ministry of Public Security to guide the implementation of accident allowances for students.
Article 21.
1. Students may meet their relatives at the reception area of the school and must comply with all visitation rules.
2. Students may send and receive letters, gifts (excluding alcohol, tobacco, stimulants, and prohibited cultural products). The school is responsible for inspecting letters and gifts before sending or receiving them. If students have money or valuable documents, they must deposit them with the designated department and use them according to the school's regulations.
3. The visitation, gift receipt, and letter sending and receiving regulations stipulated in Clauses 1 and 2 of this Article shall be implemented according to current regulations.
Article 22. Students who have completed half of the execution period of the educational guidance measure, sincerely repent, recognize their wrongdoings, actively study, work, cultivate themselves, and strictly adhere to the school's internal regulations may have the principal propose to the People's Court of the district where the school is located to terminate the execution period of this measure for that student.
Article 23.
1. At least fifteen days before the expiration of the execution period of the educational guidance measure, the principal of the educational correctional facility is responsible for informing the court that issued the decision to enforce the educational guidance measure, the commune people's committee where the person resides, and their family about the date of release.
2. When students complete the term of educational supervision measures, the Principal shall be responsible for issuing a certificate to them and sending a copy to the Court that issued the decision, the police at the district level, and the People's Committee at the commune level where they reside.
3. Upon graduation, students shall be responsible for returning quilts, mosquito nets, and other items lent by the school; they shall receive back money and belongings deposited, cultural and vocational training certificates (if any), travel allowances, and transportation fees. In cases where students have not shown significant progress upon completion of the term of educational supervision measures, the Principal must prepare a separate assessment and recommend further educational and management measures to be sent to the Court that issued the decision and the People's Committee at the commune level where they reside.
4. For students who have completed the educational supervision measures but whose parents or place of residence are unknown, the school shall be responsible for contacting the Court that issued the decision and the People's Committee at the same level as the Court to request assistance in arranging accommodation, meals, employment, and education suitable for their stabilization.
5. For students under 15 years old or those who are ill and unable to leave the school on the release date due to lack of family members to pick them up, the school shall be responsible for dispatching staff or teachers to return them home or hand them over to the People's Committee at the commune level where they reside.
Article 24.
1. Students who show clear progress, strictly comply with laws and school regulations, or perform meritorious acts shall be considered for rewards by the Principal through the following forms:
a) Public commendation;
b) Permission to participate in tours organized by the school;
c) Monetary or material rewards;
d) Recommendation to the competent Court to consider and decide to terminate the term of educational supervision measures.
2. Students who refuse to study or work, or engage in other behaviors violating school regulations, shall be subject to disciplinary measures by the Principal according to the nature and degree of violation, decided through one of the following forms:
a) Reprimand;
b) Warning;
c) Detention in the disciplinary room for five days.
Students placed in the disciplinary room must write a self-criticism report and present it before the entire school.
3. Decisions on rewards or punishments for students must be documented in writing by the Principal and filed in accordance with regulations.
4. If students violate the law, they shall be dealt with according to the provisions of the law based on the nature and degree of violation.
Article 25. Within ten days from the date of release, students who have completed the term of educational supervision measures must report to the People's Committee at the commune level and the police at the same level where they reside.
Chapter IV
RESPONSIBILITIES OF THE AUTHORITIES IN ENFORCING EDUCATIONAL SUPERVISION MEASURES
Article 26. The Ministry of Public Security, within its scope of duties and powers, shall be responsible for:
1. Issuing legal normative documents on enforcing educational supervision measures.
2. Directing, guiding, and organizing forces to enforce educational supervision measures.
3. Leading and coordinating with Courts, the Supreme People's Procuracy, relevant Ministries, and local People's Committees in enforcing educational supervision measures.
4. Statistics on the enforcement of educational supervision measures.
5. Inspecting, auditing, and resolving complaints and denunciations regarding the enforcement of educational supervision measures.
Article 27. The Ministry of Health shall be responsible for coordinating with the Ministry of Public Security to guide disease prevention, medical examination, treatment, and regular health check-ups for students; directing and guiding healthcare facilities to control epidemics; organizing rescue operations in cases of mass poisoning or illnesses and injuries exceeding the school's treatment capacity.
Article 28. The Ministry of Education and Training shall be responsible for coordinating with the Ministry of Public Security and the Ministry of Labor, Invalids, and Social Affairs to establish the educational curriculum of the school; train or support teachers for the school; create conditions for students to continue their studies in their locality after release.
Article 29. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for supporting and guiding the organization of vocational training in the school and recommending jobs for students upon release.
Article 30.
1. The funds for organizing the enforcement of educational supervision measures shall be provided from the state budget. The use of these funds must comply with current legal regulations.
The Ministry of Finance shall be responsible for ensuring funding for the enforcement of educational supervision measures according to the annual budget plan assigned to the Ministry of Public Security.
The Ministry of Public Security shall be responsible for preparing the annual budget estimate for the enforcement of educational supervision measures, consolidating it into the annual budget estimate of the Ministry of Public Security, and submitting it to the Ministry of Finance for review and presentation to the competent authority for approval.
2. The school may accept material assistance from local People's Committees, agencies, organizations, individuals within the country, and foreign individuals and organizations to organize cultural education, vocational guidance, and vocational training, purchase learning and living supplies for students.
Article 31. The People's Committee of the province shall be responsible for allocating land, providing material support, and creating favorable conditions for schools located in their respective areas during their operations; guiding and directing the People's Committees of districts and communes and local functional agencies to organize management, create conditions for graduates to continue their studies or find employment, and assist them in integrating into the community. Any person who violates the laws on the implementation of educational reform measures shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.
Chapter V
IMPLEMENTING PROVISIONS
Article 32. 1. This Decree shall take effect fifteen days from the date of signature. All previous regulations that conflict with this Decree shall be abolished.
Article 33.
2. The Ministry of Public Security shall be responsible for inspecting and urging the implementation of this Decree.
Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies shall be responsible for implementing this Decree./.
Article 34. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees under the central government, and related agencies shall be responsible for implementing this Decree./.
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52/2001/NĐ-CP
Decree No. 52/2001/ND-CP guiding the implementation of judicial measures for placement in educational correctional schools
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