Decree No. 59/2000/NĐ-CP on the implementation of educational measures at commune, ward, town level for juvenile offenders

DECREE OF THE GOVERNMENT

Provisions on the implementation of educational measures at commune, ward, town for minors who commit crimes.

Educational measures at commune, ward, town are decided by the Court for minors who commit crimes to create conditions for them to work and study in the community and demonstrate their repentance right within the normal social environment under the supervision and assistance of

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

citizens of the commune, ward, town, social organizations, and family.

At the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. When a minor who commits a crime has served half of the term of educational measures at commune, ward, town and shows significant progress, the Court may issue a decision to terminate the term of educational measures at commune, ward, town in accordance with Clause 4 of Article 70 of the Criminal Code. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The people's committee of the commune, ward, town or social organization assigned to supervise and educate shall be responsible for implementing necessary measures to ensure the effectiveness of the implementation of educational measures at commune, ward, town and closely coordinate with relevant agencies, organizations, and family in supervising and educating the minor who commits a crime to help them correct their mistakes, have a sense of compliance with laws and community living rules, and become useful citizens for society.

2. The family of the minor who commits a crime shall be responsible for educating and assisting that person to correct their mistakes, not violate the law and commit new crimes; closely coordinate with

Article 2.

1.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the people's committee of the commune, ward, town or social organization assigned to supervise and educate in supervising and educating that person.

3. Relevant agencies, organizations, and the local community where the minor who commits a crime resides shall be responsible for coordinating with Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the people's committee of the commune, ward, town or social organization assigned to supervise and educate in educating and assisting that person.

Implementation of educational measures at commune, ward, town must be carried out regularly, persistently with a sense of responsibility and affection towards the minor who commits a crime. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).DUTIES AND RIGHTS OF MINORS WHO COMMIT CRIMES

Article 3. Minors who commit crimes have the duty to:

Chapter II

1. Strictly comply with state laws; actively fulfill civic duties and village regulations where they reside;

Article 4.2. Make a commitment with

the people's committee of the commune, ward, town or social organization assigned to supervise and educate, clearly stating positive measures to correct their mistakes. The commitment must include the opinion of the person directly assigned to supervise and educate.

3. Strictly implement their commitment, actively correct their mistakes; engage in honest work and study and participate in communal activities where they reside. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).4. Write a self-assessment report on their training and cultivation process and submit it to the Chairman

of the People's Committee of the commune, ward, town or the head of the organization assigned to supervise and educate when they have completed half of the probation period. The self-assessment report must include comments from the person directly assigned to supervise and educate or from the area police officer or village police station where the minor resides.

5. Report in writing monthly to the person assigned to supervise and educate about their training and cultivation results; in cases of leaving the place of residence for more than 30 days, they must report and during the temporary stay period, there must be comments from the area police officer or village police station where the minor temporarily resides. Minors who commit crimes have the right to:

1. Not be discriminated against due to past mistakes.

Article 5. 2. Be assisted to participate in labor and study at their place of residence; be allowed to participate in community recreational activities like other citizens.

3. Request

the people's committee of the commune, ward, town or social organization assigned to supervise and educate to handle procedures to request the People's Court of the district where they reside to issue a decision terminating the term of implementation of educational measures at commune, ward, town.

During the implementation of educational measures at commune, ward, town, minors who commit crimes may be absent from their place of residence if there are valid reasons, but must follow the provisions below: Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. In case of overnight absence from the place of residence, they must report to the person directly assigned to supervise and educate; upon arrival, they must immediately report to the area police officer or village police station where they temporarily reside.

Article 6. 2. In case of leaving the place of residence for more than 30 days, they must apply for permission in writing to the Chairman

of the People's Committee of the commune, ward, town or the head of the social organization assigned to supervise and educate. The application for permission must include the opinion of the person directly assigned to supervise and educate.

The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee of the commune, ward, town or the head of the social organization assigned to supervise and educate shall be responsible for notifying in writing the Chairman

of the People's Committee of the commune, ward, town where the minor who commits a crime temporarily resides to coordinate in supervising and educating. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Upon expiration of the permitted temporary residence period, the minor who commits a crime must submit a report in accordance with Clause 5 of Article 4 of this Decree and must have confirmation from the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committee of the commune, ward, town where the minor temporarily resides.

3. In cases of valid reasons such as changing residence, studying, or having stable employment in another locality, the minor who commits a crime must submit a request with the opinion of the person directly assigned to supervise and educate to Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the commune, ward, town or social organization assigned to supervise and educate.

The People's Committee of the commune, ward, town or social organization assigned to supervise and educate must send the entire file of the minor who commits a crime to the Court that issued the decision to apply educational measures at commune, ward, town to handle necessary procedures to transfer supervision and education to the People's Committee of the commune, ward, town or social organization where the minor moves to. When a minor who commits a crime has served half of the term of educational measures at commune, ward, town and shows significant progress, then

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the commune, ward, town or social organization assigned to supervise and educate shall consider or based on a request from the minor who commits a crime, propose the People's Court of the district where the minor is implementing educational measures at commune, ward, town to issue a decision terminating the term of implementation of these measures.

Article 7. Where a minor who has committed a crime has served half of the term of community education at the commune, ward, or town and has shown significant progress, then The People's Committee of the commune, ward, or town or the social organization entrusted with supervision and education may consider or upon the application of the minor who has committed a crime, propose to the People's Court of the district where such minor is serving the educational measure to issue a decision terminating the execution of this measure.

Chapter III

RESPONSIBILITIES OF THE FAMILY, PEOPLE'S COMMITTEE AT THE COMMUNE, WARD, TOWN LEVEL AND SOCIAL ORGANIZATIONS IN MONITORING AND EDUCATING YOUTH WHO HAVE COMMITTED CRIMES

The family of a youth who has committed a crime shall be responsible for:

1. Signing a commitment with the People's Committee at the commune, ward, town level or social organization entrusted with monitoring and educating about managing and educating the youth who have committed crimes.

Article 8. 2. Implementing compensation for damages caused by the youth who have committed crimes. For youths aged from fifteen to under eighteen years old, compensation shall only be made when they do not have sufficient assets to compensate.

3. Paying attention, being close to, and taking specific measures to help the youth who have committed crimes recognize their mistakes, actively correct them, refrain from violating laws; promptly reminding and giving advice when they exhibit wrongful behavior. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).4. Sharing and sympathizing with the difficulties and mistakes of the youth who have committed crimes to help them overcome feelings of shame, integrate into family and community life sooner.

5. Contacting the People's Committee at the commune, ward, town level and social organizations entrusted with monitoring and educating to coordinate specific measures to assist the youth who have committed crimes.

6. Reporting to the People's Committee at the commune, ward, town level and social organizations entrusted with monitoring and educating on the results of self-improvement and moral cultivation of the youth who have committed crimes.

7. Participating in meetings to review the performance of the youth who have committed crimes.

The People's Committee at the commune, ward, town level and social organizations entrusted with monitoring and educating shall be responsible for: Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).a) Assigning individuals directly to monitor and educate the youth who have committed crimes;

b) Creating conditions to help the youth who have committed crimes learn trades and find jobs to stabilize their lives; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).c) Coordinating with relevant agencies and organizations and the families of the youth who have committed crimes in education and reform efforts to help them correct their mistakes;

d) Requiring the youth who have committed crimes to fulfill all their obligations; taking timely preventive and corrective measures when they exhibit negative behaviors and reporting to competent authorities for handling when necessary;

Article 9.

1.Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).đ) Promptly commending the youth who have committed crimes when they show progress, actively participate in social activities, or perform meritorious deeds;

e) Considering and resolving requests for absence from place of residence by the youth who have committed crimes;

g) Proposing or upon request of the youth who have committed crimes, proposing the People's Court at the district where they are implementing educational measures at the commune, ward, town level to issue a decision terminating the period of implementation of such measures when they have completed half of the term and shown significant progress;

h) Issuing a certificate confirming completion of the term of implementation of educational measures at the commune, ward, town level for the youth who have committed crimes.

2. The dossier submitted to the People's Court requesting a decision to terminate the period mentioned in point e Clause 1 of this Article includes:

a) Curriculum vitae of the youth who have committed crimes;

b) A proposal to terminate the period of implementation of educational measures at the commune, ward, town level for the youth who have committed crimes by the People's Committee at the commune, ward, town level or social organization;

c) A request to terminate the period of implementation of educational measures at the commune, ward, town level by the youth who have committed crimes (if they are the ones requesting);

d) Decision and copy of the judgment of the People's Court regarding the application of educational measures at the commune, ward, town level;

đ) Self-assessment report of the youth who have committed crimes on the results of fulfilling their commitments;

e) An evaluation report on the process of implementing educational measures at the commune, ward, town level by the People's Committee at the commune, ward, town level and social organization where the youth who have committed crimes reside;

g) Minutes of the meeting reviewing the performance of the youth who have committed crimes. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The individual directly monitoring and educating the youth who have committed crimes shall be responsible for:

1. Proposing to the Chairman of the People's Committee at the commune, ward, town level or head of the social organization entrusted with monitoring and educating to take specific measures to coordinate with the family, school, youth union, and related organizations where the youth who have committed crimes reside in managing and educating them.

2. Proactively meeting with the youth who have committed crimes to understand the reasons, circumstances of the crime, aspirations, and explain and guide them to fulfill their obligations well.

3. Coordinating with local police officers or village police chiefs, neighborhood group leaders, village chiefs, hamlet chiefs, where the youth who have committed crimes reside to monitor and educate them.

4. Promptly informing the People's Committee at the commune, ward, town level or social organization entrusted with monitoring and educating to take appropriate measures to prevent and handle when the youth who have committed crimes violate the law. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).5. Reporting to the People's Committee at the commune, ward, town level or social organization entrusted with monitoring and educating on the implementation of educational measures at the commune, ward, town level of the youth who have committed crimes when requested.

6. Establishing a file to track the implementation of educational measures at the commune, ward, town level by the youth who have committed crimes.

Article 10. 1. The file tracking the implementation of educational measures at the commune, ward, town level by the youth who have committed crimes includes:

b) Extracts of judgments and decisions of the People's Court regarding the application of educational measures at the commune, ward, town level; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).c) Decision of the Chairman of the People's Committee at the commune, ward, town level or head of the social organization entrusted with monitoring and educating regarding the assignment of individuals directly to monitor and educate the youth who have committed crimes;

d) Commitment of the youth who have committed crimes and their families regarding the management and education of the youth who have committed crimes;

đ) Report of the individual directly monitoring and educating on the implementation of educational measures at the commune, ward, town level by the youth who have committed crimes;

e) Self-assessment report of the youth who have committed crimes on the results of fulfilling their commitments; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).g) Decision of the People's Court to terminate the application of educational measures at the commune, ward, town level prematurely or certificate confirming completion of educational measures at the commune, ward, town level issued by the People's Committee at the commune, ward, town level or social organization entrusted with monitoring and educating the youth who have committed crimes;

h) Other documents related to the monitoring and education of the youth who have committed crimes. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of the commune, ward, or town or the social organization entrusted with supervision and education shall report on the implementation of the educational measure at the commune, ward, or town for the minor who has committed a crime when requested.

6.Establish a file to monitor the execution of the educational measure at the commune, ward, or town for the minor who has committed a crime.

Article 11.

1.The file to monitor the execution of the educational measure at the commune, ward, or town for the minor who has committed a crime includes:

e) An evaluation report on the process of implementing educational measures at the commune, ward, town level by the People's Committee at the commune, ward, town level and social organization where the youth who have committed crimes reside;

b)Excerpts from the judgment and decision of the Court regarding the application of the educational measure at the commune, ward, or town;

c)The decision of the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of the commune, ward, or town or the head of the social organization entrusted with supervision and education regarding the assignment of persons directly supervising and educating the minor who has committed a crime;

d)The commitment of the minor who has committed a crime and his/her family regarding the management and education of the minor who has committed a crime;

đ)The report of the person directly supervising and educating about the implementation of the educational measure at the commune, ward, or town by the minor who has committed a crime;

e)The self-criticism report of the minor who has committed a crime regarding the results of implementing his/her own commitment;

g)The decision of the Court terminating the application of the educational measure at the commune, ward, or town ahead of schedule or a certificate issued by the People's Committee of the commune, ward, or town or the social organization entrusted with supervision and education confirming that the minor who has committed a crime has completed the educational measure at the commune, ward, or town; Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of the commune, ward, or town or the social organization entrusted with supervision and education of the minor who has committed a crime;

h)Other related documents concerning the supervision and education of the minor who has committed a crime.

2. When a minor has completed the term of education at the commune, ward, or town as provided for in Clause 1 of this Article, the person directly supervising and educating shall be responsible for transferring the file prescribed in that clause to the people's committee of the commune, ward, or town or a social organization entrusted with supervision and education for management. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).3. Any person who violates the provisions of this Decree shall be subject to disciplinary action, administrative fines, or criminal liability追究责任，具体处理方式根据违规程度依照法律规定执行。

 Chapter IV

IMPLEMENTING PROVISIONS

Article 12.Anyone who violates the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal responsibility according to the degree of violation and the relevant laws.

Article 13This Decree takes effect fifteen days after the date of signature.

Article 14. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the People's Committees of provinces and centrally-administered cities areresponsible for implementing this Decree./.