Decree No. 66/2009/ND-CP Amending and supplementing some articles of Decree No. 142/2003/ND-CP dated November 24, 2003 of the Government on the application of administrative sanctions involving placement in educational centers.

DECREE

Amending and supplementing some articles of Decree No. 142/2003/NĐ-CP dated November 24, 2003 of the Government on the application of administrative handling measures to send individuals to educational centers

concerning the application of administrative handling measures to send individuals to educational centers

 ____________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance amending and supplementing some articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Public Security,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 142/2003/NĐ-CP dated November 24, 2003 of the Government on the application of administrative handling measures to send individuals to educational centers, as follows:

1. Clause 2 shall be amended and supplemented as follows:

"Article 2. Sending to Educational Centers

1. Sending to educational centers is an administrative handling measure decided by the Chairman of the People's Committee at district, town, city under province level (hereinafter referred to collectively as district level) for minors who have committed acts violating the law as stipulated in Clause 2 of this Article to study culture, vocational education, learn trades, work, detoxify from drug addiction, live under the management and education of the center.

The term of applying the sending to educational centers measure is from six months to two years.

2. The subjects to which the sending to educational centers measure is applied include:

a) Individuals aged twelve or over but under fourteen who commit acts indicative of a very serious crime or extremely serious crime as defined in the Criminal Code;

b) Individuals aged twelve or over but under sixteen who commit acts indicative of a less serious crime or serious crime as defined in the Criminal Code, provided that they were previously subject to community-based education measures or had not been subject to such measures but did not have a fixed residence;

c) Individuals aged fourteen or over but under eighteen who repeatedly commit petty theft, small fraud, minor gambling, public disorderly conduct, provided that they were previously subject to community-based education measures or had not been subject to such measures but did not have a fixed residence;

d) Individuals aged twelve or over but under eighteen who are addicted to drugs and are violent ruffians, but have not reached the level of criminal responsibility or have not reached the age of criminal responsibility and commit acts of public disorderly conduct; causing trouble, fighting; using force against persons performing official duties; organizing illegal motorbike races two or more times within twelve months;

đ) Individuals aged fourteen or over but under eighteen who are undergoing treatment decisions at medical facilities during the detoxification phase and recovery period and commit petty theft, small fraud, minor gambling, using force against persons performing official duties, causing disorder at medical facilities two or more times within twelve months.

The legal basis for determining age is the Birth Registration Certificate. If there is no Birth Registration Certificate, then the Identity Card; household registration book or family record book must be used. In cases where none of these documents are available, determination of age must be based on statements and other valuable documents. The ages mentioned in Points a, b, c, d, đ of Clause 2 of this Article refer to the age when the individual commits the act of violating the law. If at the time of signing the decision to send to educational centers, the person has reached eighteen years of age or older, the sending to educational centers measure will not be applied, and the case will be reviewed and a file prepared to propose sending to an educational facility if the person falls within the scope of those subject to such measures.

3. In cases where minors commit acts of violating the law that fall within both the scope of being sent to educational centers and the scope of being sent to medical facilities, the competent authority shall apply the measure of sending to a medical facility. The agency that has accepted the file shall be responsible for transferring the entire file of the person to the Advisory Board on Sending to Medical Facilities to proceed with subsequent procedures in accordance with the provisions of the law.

4. The sending to educational centers measure shall not be applied to foreign nationals."

2. Article 3 shall be amended and supplemented as follows:

"Article 3. Principles for Applying the Sending to Educational Centers Measure

1. All violations specified in Clause 2 of Article 2 of this Decree must be promptly discovered, handled quickly, and fairly in accordance with the provisions of this Decree and relevant laws.

2. Minors can only be subject to the sending to educational centers measure if they commit one of the acts of violating the law specified in Points a, b, c, d, đ of Clause 2 of Article 2 of this Decree.

3. The application of the sending to educational centers measure must ensure that it is applied to the correct person, in accordance with the prescribed procedures and authorities as stipulated in the Administrative Violation Handling Ordinance dated July 2, 2002 (amended and supplemented in 2008) and guiding documents implementing the Ordinance mentioned above.

4. When deciding to apply the sending to educational centers measure, the decision must be based on the provisions of the law, the nature and degree of violation, the background of the violator, and mitigating or aggravating circumstances to make a suitable decision.

5. Any acts infringing upon the life, health, reputation, dignity, property of individuals subject to the sending to educational centers measure are strictly prohibited."

4. Clause 2 of Article 5 is amended and supplemented as follows:

"Article 4. Statute of Limitations for Applying the Sending to Educational Centers Measure

The statute of limitations for applying the sending to educational centers measure is as follows:

1. One year from the date of committing the act of violation as specified in Point a of Clause 2 of Article 2 of this Decree.

2. Six months from the date of committing the act of violation as specified in Points b, d, đ or from the last occurrence of one of the acts of violation as specified in Point c of Clause 2 of Article 2 of this Decree.

3. If within the periods specified in Clauses 1 and 2 of this Article, the person committing the violation deliberately avoids administrative responsibility, the time spent avoiding will not be counted, and the statute of limitations specified in Clauses 1 and 2 of this Article will be recalculated from the date the person surrenders or is apprehended."

4. Article 5 is amended and supplemented as follows:

"Article 5. Establishment and Management of Educational Centers

1. The Ministry of Public Security decides on the establishment of educational centers by region; merging or dissolving educational centers. In cases where localities have needs, the Chairman of the People's Committee at provincial level directly under the Central Government (hereinafter referred to collectively as provincial level) must develop specific proposals and request the Ministry of Public Security to establish an educational center in their locality.

||| Vocational training schools shall be planned, designed, and constructed in accordance with unified regulations of the Ministry of Public Security to ensure suitability for the characteristics and requirements of management, education, study, drug rehabilitation, medical treatment, vocational training, physical education, sports, entertainment activities for students, and to meet fire prevention, firefighting, and environmental sanitation standards.

||| 2. The Ministry of Public Security shall uniformly manage vocational training schools nationwide; coordinate with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and relevant agencies and organizations in organizing education, vocational training, drug rehabilitation, disease prevention, medical treatment, and regular health check-ups for students aged from twelve to under fifteen years old and from fifteen to under eighteen years old.

11. Other acts infringing upon targets or guard posts according to the provisions of the law."

||| Article 6. Tasks of vocational training schools

||| 1. Vocational training schools are places where decisions to send underage individuals with unlawful behavior, as stipulated in Clause 2, Article 2 of this Decree, are implemented.

||| 2. Vocational training schools have the responsibility to accept individuals with decisions to send them to vocational training schools and manage, educate on ethics and law, career orientation, organize drug rehabilitation, provide care, counseling, and treatment for students infected with HIV/AIDS, treat illnesses, teach culture and vocational skills, organize labor and daily life activities suitable for their age groups, aiming to help them correct their violations, learn and progress, develop physically, mentally, and intellectually to become law-abiding and socially beneficial citizens.

||| 3. The organization and operation of vocational training schools must comply with the provisions of this Decree and other related laws.

6. Article 7 shall be amended and supplemented as follows:

||| Article 7. Responsibilities of individuals sent to vocational training schools

||| Individuals sent to vocational training schools must strictly adhere to state laws, school rules, submit to the management and education of the vocational training schools, undergo drug rehabilitation (for drug users), study, train, work, and live under the guidance of school staff and teachers.

7. Article 8 shall be amended and supplemented as follows:

||| Article 8. Funding for the implementation of administrative measures involving sending individuals to vocational training schools

||| 1. Funding for the construction of material infrastructure, procurement of equipment and means, organization of activities of vocational training schools; funding for establishing files, managing subjects during file establishment periods, organizing the admission of individuals to vocational training schools; searching for escaped individuals; organizing drug rehabilitation; treating students infected with HIV/AIDS; funding for ensuring food, clothing, accommodation, study, vocational training, cultural, artistic, physical education, and sports activities, disease prevention, medical examination, and treatment for students; funding for transporting students under sixteen years old and sick students back to their localities upon completion of their decisions to leave the school without family members to pick them up, provided by the central budget and from local support, state agencies, organizations, and individuals both domestically and internationally, and from the results of vocational training school labor. The portion of the central budget for implementing administrative measures involving sending individuals to vocational training schools will be allocated into the annual budget of the Ministry of Public Security.

||| 2. Vocational training schools may directly receive material assistance from local People's Committees; state agencies; organizations and individuals both domestically and internationally to use for teaching culture, career orientation, vocational training, purchasing equipment and supplies for learning and living, medical examinations, treatments, and organizing drug rehabilitation for individuals currently serving decisions to be sent to vocational training schools.

8. Article 9 shall be amended and supplemented as follows:

||| Article 9. Establishing files to propose sending individuals to vocational training schools

||| 1. For underage individuals with unlawful behavior as stipulated in Points a, b, c, and d of Clause 2, Article 2 of this Decree, who need to be sent to vocational training schools, the Chairman of the People's Committee of the commune, ward, town (hereinafter referred to as the commune level) where they reside shall establish a file and submit it to the Chairman of the People's Committee at the district level.

||| Files proposing sending individuals to vocational training schools include:

||| a) A summary of personal history;

||| b) Minutes and documents regarding their unlawful acts;

||| c) Results of drug testing (for drug users);

||| d) Extracts of criminal records (if any);

||| đ) Documents on applied educational measures;

||| e) Comments from public security agencies, opinions from schools where underage individuals study, the United Front, Youth Union, Women's Union, Labor, Invalids and Social Affairs Board at the commune level, parents or guardians of the individual;

||| g) Reports from the Chairman of the People's Committee at the commune level proposing the application of measures to send individuals to vocational training schools;

||| 2. For underage individuals without a fixed residence, the Chairman of the People's Committee at the commune level where they committed unlawful acts shall establish a record and report to the Chairman of the People's Committee at the district level.

||| In cases where individuals are directly discovered, investigated, and handled by provincial or district-level public security agencies in violation of the law but not reaching the threshold for criminal prosecution or the violator is not of age to bear criminal responsibility and falls within the category requiring sending to vocational training schools, the handling agency must verify, collect evidence, and establish a file to submit to the Chairman of the People's Committee at the district level for review and approval to send to vocational training schools.

||| For individuals needing to be sent to vocational training schools as specified in Clause 2 of this Article, the Chairman of the People's Committee at the district level has the responsibility to direct the public security agency at the same level to closely manage these individuals during the period of establishing files to send them to vocational training schools. If individuals without a fixed residence show signs of escape, making it difficult to establish files to send them to vocational training schools, the Head of the Public Security Agency at the district level shall issue a decision to manage them at the Public Security Agency at the district level for no more than fifteen days to establish files to send them to vocational training schools. The time spent managing individuals to establish files at the Public Security Agency at the district level counts towards the period of serving decisions at vocational training schools.

The food and accommodation conditions of individuals managed at the Public Security Agency at the district level shall be equivalent to those of students in vocational training schools.

The public security agency at the district level must allocate a dedicated place for managing individuals who have been decided upon in accordance with the above decision during the time they are under management at the district-level public security agency.

The Ministry of Public Security shall provide detailed guidance on the management of such subjects and the establishment of files to propose placement in a rehabilitation center in the aforementioned cases.

Files proposing placement in a rehabilitation center in the cases stipulated in Clause 2 of this Article include:

||| a) A summary of personal history;

||| b) Minutes and documents regarding their unlawful acts;

||| c) Results of drug testing (for drug users);

||| d) Extracts of criminal records (if any);

d) Documents regarding applied educational measures (if any);

e) Report from the Chairman of the People's Committee of the commune where the minor has committed violations of the law, proposing the application of measures to place them in a rehabilitation center.

3. The public security agency has the responsibility to assist the Chairman of the People's Committee at the same level in collecting materials and establishing files to propose placing individuals in a rehabilitation center.

4. In cases where individuals aged from fourteen to under eighteen years old are currently implementing a decision to be placed in a treatment facility, during the detoxification and recovery phase, if they commit petty theft, small fraud, minor gambling, using force against law enforcement officers, causing disorder at the treatment facility two or more times within twelve months, then the Director of the treatment facility shall be responsible for establishing a file to submit to the Chairman of the People's Committee of the district that issued the decision to apply the measure of placing them in a treatment facility for consideration and decision on applying the measure of placing them in a rehabilitation center according to the general procedures prescribed in Clause 5 of Article 9 and Articles 10, 13, and 14 of this Decree.

Files submitted to the Chairman of the People's Committee of the district in the case stipulated in Clause 4 of this Article include:

a) The entire file when being admitted to the treatment facility;

b) Materials about the violations of the law by the individual during the implementation of the decision at the treatment facility (relevant documents and evidence related to the violation behavior of the subject, records of violation behavior during the detoxification and recovery phase);

c) Documents regarding applied educational measures (if any);

d) Health examination certificate of the individual;

đ) Report from the treatment facility proposing the application of measures to place them in a rehabilitation center;

e) Other relevant documents concerning the proposal to apply measures to place the individual in a rehabilitation center (if any).

During the review period of the file proposing the application of measures to place in a rehabilitation center, the subject must still comply with the decision at the treatment facility.

5. Within three days from the date of receipt of the file or record specified in Clauses 1, 2, and Clause 4 of this Article, the Chairman of the People's Committee of the district shall assign it to the Head of the Public Security Agency at the same level. Within fifteen days from the date of receipt of the file, the district-level public security agency shall be responsible for reviewing, collecting materials, completing the file, and sending the file to the members of the Advisory Council. The file shall also be sent to the Standing Body of the People's Council of the district."

9. Article 10 is amended and supplemented as follows:

"Article 10. Advisory Council on Placement in Rehabilitation Centers

1. The Advisory Council on Placement in Rehabilitation Centers shall be established by the Chairman of the People's Committee of the district to assist the Chairman of the People's Committee of the district in reviewing files for placement of subjects in rehabilitation centers. The Advisory Council includes the Head of the Public Security Agency, the Head of the Legal Affairs Department, and the Head of the Labor, Invalids, and Social Affairs Department at the district level; the Head of the Public Security Agency serves as the permanent member of the Advisory Council. Members of the Advisory Council work on a part-time basis. The People's Committee of the district is responsible for providing funds for the operation of the Advisory Council.

2. Within seven days from the date of receipt of the file, the Advisory Council shall be responsible for reviewing the file and organizing a meeting to review the file.

3. The permanent member of the Advisory Council shall be responsible for preparing materials, organizing, and chairing meetings of the Advisory Council. The Advisory Council works collectively, reviews, and votes on each subject proposed for placement in a rehabilitation center. Based on the opinions and number of votes cast by the members in the Advisory Council meeting, the permanent member of the Advisory Council concludes according to the majority vote on each subject. The meeting of the Advisory Council must be recorded in minutes. Different opinions must be recorded in the minutes of the meeting and attached to the report submitted by the permanent member of the Advisory Council to the Chairman of the People's Committee of the district for consideration and decision.

4. A representative of the Standing Body of the People's Council of the district may be invited to attend the Advisory Council meeting. The opinion expressed by the representative of the Standing Body of the People's Council of the district shall be recorded in the minutes of the meeting as stipulated in Clause 3 of this Article and reported to the Chairman of the People's Committee of the district."

10. Article 13 is amended and supplemented as follows:

"Article 13. Decision on Placement in a Rehabilitation Center

1. Within five days from the date of receipt of the report from the Advisory Council, the Chairman of the People's Committee of the district shall consider and decide on placement in a rehabilitation center.

For cases where individuals are currently implementing a decision at a treatment facility, before issuing a decision to place them in a rehabilitation center for those who have violated the law as stipulated in Point đ Clause 2 of Article 2 of this Decree, the Chairman of the People's Committee of the district shall issue a decision to suspend the implementation of the decision to place them in a treatment facility.

2. The decision on placement in a rehabilitation center takes effect from the date of signature and must be immediately sent to the person to be placed in a rehabilitation center, their parents or guardians, the district-level public security agency, the People's Council of the district, and the People's Committee of the commune where the person resides, and the treatment facility in cases where the subject to be placed in a rehabilitation center is an individual currently implementing a decision to be placed in a treatment facility."

11. Article 15 is amended and supplemented as follows:

"Article 15. Enforcement of the Decision on Placement in a Rehabilitation Center

1. Within five days from the date of issuance of the decision, the district-level public security agency shall be responsible for coordinating with the family or guardian to bring the person required to implement the decision to the rehabilitation center.

2. Upon receiving the decision on placement in a rehabilitation center, the Chairman of the People's Committee of the commune where the subject resides shall be responsible for directing the public security agency at the same level to develop plans for managing and supervising the person placed in a rehabilitation center, while coordinating with the district-level public security agency in organizing the enforcement of the decision."

In cases where it is necessary to have time to complete the required procedures before sending the person subject to the decision to the educational facility and organizing their transfer to the educational facility, the Head of the County Police shall issue a decision to manage them at the County Police agency for a period not exceeding ten days. The time spent managing them at the County Police agency shall be counted towards the execution period of the decision at the educational facility.

The food and accommodation conditions of persons who have been decided to be sent to the educational facility during the time they are managed at the County Police agency shall be treated the same as those of students in the educational facility.

The County Police agency must arrange a separate place for managing persons who have been decided to be sent to the educational facility during the time they are managed at the County Police agency.

3. For cases where a person is currently executing a decision at a medical facility and has a decision from the Chairman of the People's Committee of the county to be sent to the educational facility, the County Police agency that reviews the application file for sending to the educational facility shall be responsible for transferring that person from the medical facility to the educational facility.

4. The execution period of the decision to send to the educational facility shall be calculated from the date the person subject to the decision is transferred to the educational facility.

12. Article 18 is amended and supplemented as follows:

Article 18. Documents and procedures accompanying the transfer of persons subject to decisions to the educational facility

1. When transferring persons to the educational facility, there must be accompanying files. The file includes:

a) Decision to send to the educational facility;

b) Summary of personal history and acts of law violation of the person to whom the measure of sending to the educational facility is applied;

c) List of the person to whom the measure of sending to the educational facility is applied;

d) Copies of education decisions already applied (if any);

đ) Decisions on management at the County Police agency (if any);

e) Other documents related to the personal background of the person to whom the measure of sending to the educational facility is applied (if any).

2. When handing over and receiving persons subject to decisions to be sent to the educational facility, a handover record must be established. The educational facility must compare and check the person being handed over and received against the file and establish a handover record detailing the documents contained in the file, the current health status of the person being handed over and received; personal belongings and other issues related to the handover process.

3. Persons currently executing decisions to be sent to the educational facility at the educational facility are referred to as students.

13. Article 19 is amended and supplemented as follows:

Article 19. Searching for persons subject to decisions to be sent to the educational facility in cases of escape

1. In cases where a person subject to a decision to be sent to the educational facility escapes before being transferred to the educational facility, the Head of the County Police agency where the person resides shall issue a decision to search for the object. For persons without a fixed residence, the Head of the County Police agency where the file was established shall issue a decision to search.

2. In cases where a person currently executing a decision at the educational facility escapes, the Principal of the educational facility shall issue a decision to search for the object. The time spent escaping from the educational facility shall not be counted towards the execution period.

3. The County Police agency or the educational facility that issued the decision to search shall be responsible for organizing the search and apprehension of the escaped object. If the object resists during apprehension, necessary coercive measures may be applied according to the provisions of the law and guidelines of the Ministry of Public Security to compel the object to comply.

4. People's Committees and Police agencies at all levels shall be responsible for coordinating and assisting the agencies mentioned in Clause 3 of this Article in searching for and apprehending the escaped object.

Upon discovering an object with a search decision, everyone has the responsibility to immediately report to the nearest Police agency, People's Committee or to apprehend and escort the object directly to these agencies.

5. When the escaped object is captured or handed over, the Police agency must establish a record, take statements from them, and immediately notify the agency that issued the search decision so that they can come to receive the object. In cases where necessary, the person authorized to temporarily detain the object according to the administrative procedure stipulated in Article 45 of the Administrative Violation Handling Ordinance shall issue an administrative detention decision and transfer them to the administrative detention facility of the Police agency. Strictly prohibited is the temporary detention of objects in criminal holding cells or places that do not ensure hygiene and safety for the detained person.

Upon receiving the notification, the agency that issued the search decision must immediately dispatch personnel to the location where the object is temporarily held to receive and transfer them to the educational facility. The handover of the object must be recorded in accordance with the provisions of the law.

6. For persons who have been decided to be sent to the educational facility but have not yet executed the decision and have escaped, if when recaptured they are 18 years old or older, the Head of the County Police agency where the application file was established to send to the educational facility shall request the Chairman of the People's Committee at the same level to revoke the decision to send to the educational facility and establish a file to propose sending to an educational institution according to the prescribed procedures and formalities for sending to an educational institution. The Head of the County Police agency shall be responsible for strictly managing the object at the County Police agency during the period of establishing the file to propose sending to an educational institution.

For students currently executing decisions at the educational facility who have escaped, if when recaptured they are 18 years old or older, the Head of the County Police agency where the application file was established to send to the educational facility shall coordinate with the Principal of the educational facility where the student escaped to request the Chairman of the People's Committee at the same level to revoke the decision to send to the educational facility and establish a file to propose sending to an educational institution according to the prescribed procedures and formalities for sending to an educational institution. The Head of the County Police agency shall be responsible for strictly managing the object at the County Police agency during the period of establishing the file to propose sending to an educational institution. The Provincial Police agency shall be responsible for transferring persons who have been decided to be sent to an educational institution.

14. Article 21 is amended and supplemented as follows:

Article 21. Organization and staff of the educational facility

1. The organizational structure of the educational correctional school consists of the Principal, Deputy Principals, Branch Directors, Deputy Branch Directors, Team Leaders, Deputy Team Leaders of specialized and operational teams; officers and non-commissioned officers in operations; officers and non-commissioned officers in technical specialties; armed guards and workers.

2. The Minister of Public Security shall prescribe the appointment and removal of the Principal, Deputy Principals, Branch Directors, Deputy Branch Directors, Team Leaders, and Deputy Team Leaders; the organization, structure, and staffing of the educational correctional school.

3. Each educational correctional school manages from 500 to 1,500 students. Based on specific circumstances, the Minister of Public Security decides the scale and location for constructing each school. An educational correctional school with more than 1,000 students may establish branches according to regulations of the Ministry of Public Security.

If the number of students exceeds the scale of the school or for other legitimate and necessary reasons requiring the transfer of students from one educational correctional school to another, the Director of the Prison Management Bureau, Educational Facilities, and Schools shall issue a transfer decision in accordance with the regulations of the Ministry of Public Security. The transfer decision must be sent to the People's Committee of the district where the decision was made to admit the student into the school, the People's Committee of the commune where the student resides, and the parents or guardians of the student.

15. Article 23 is amended and supplemented as follows:

23. Standards for appointing Principals, Deputy Principals, and Branch Directors of educational correctional schools

The Principal, Deputy Principals, and Branch Directors of educational correctional schools must be graduates of one of the following institutions: Academy of Public Security, Academy of Police, University of Law, University of Social Sciences and Humanities, or Pedagogical University; have experience in managing and educating students; possess good political qualities; have a sense of organizational discipline; understand their specialty, operations, and laws. In the case of Principals, Deputy Principals, and Branch Directors who graduated from the University of Law, University of Social Sciences and Humanities, or Pedagogical University, within one year from the date of appointment, they must undergo training in security or police operations.

16. Article 24 is amended and supplemented as follows:

Article 24. Standards for Deputy Branch Directors, Team Leaders, Deputy Team Leaders, Officers, Non-Commissioned Officers, Soldiers, and Workers of educational correctional schools

1. Deputy Branch Directors, Team Leaders, Deputy Team Leaders, Operational Non-Commissioned Officers, and Armed Guards must be graduates of Secondary School of Security; Secondary School of Police or equivalent or higher.

2. Technical Officers and Non-Commissioned Officers must be graduates of secondary vocational schools or higher in the field of their assigned specialty.

3. Officers, Non-Commissioned Officers, and Soldiers responsible for managing, escorting students, and protecting them must have been trained and instructed in security operations according to the regulations of the Minister of Public Security.

4. Workers must be trained and provided with knowledge in the field of their assigned specialty.

5. Teachers at educational correctional schools enjoy preferential benefits, allowances, and titles granted to educators under general state regulations for teachers.

17. Article 27 is amended and supplemented as follows:

Article 27. Dietary Standards for Students

1. The monthly dietary standard for each student is as follows:

a) 17 kilograms of rice;

b) 1 kilogram of meat;

c) 1 kilogram of fish;

d) 0.5 kilograms of sugar;

đ) 1 liter of fish sauce;

e) 0.1 kilograms of monosodium glutamate;

g) 0.8 kilograms of salt;

h) 15 kilograms of green vegetables;

i) Equivalent fuel to 15 kilograms of coal.

2. On public holidays and New Year’s Day, students can have additional meals not exceeding three times the daily standard; during the Lunar New Year, students can have additional meals not exceeding five times the daily standard. These dietary standards are calculated based on market prices in each locality.

3. Dietary arrangements for sick students as prescribed by medical personnel.

4. The water source for drinking, eating, and living activities of students must comply with clean water standards as stipulated by the health sector. The educational correctional school must ensure the minimum dietary standards for students in accordance with the law and guarantee food hygiene and safety.

18. Article 28 is amended and supplemented as follows:

Article 28. Clothing and Living Supplies for Students

1. Each student receives two sets of long pants, two sets of shorts, one set of uniform long pants, three towels, two pairs of plastic sandals, three toothbrushes, one plastic raincoat, one hard hat, and one cotton hat annually. For students in northern educational correctional schools, each student additionally receives one warm coat, two pairs of socks, and one woolen hat annually. Every quarter, each student receives one tube of regular toothpaste weighing 150 grams, one kilogram of soap, and one bottle of regular shampoo weighing 200 milliliters.

2. For southern educational correctional schools, each student receives one blanket. For northern educational correctional schools, each student receives one quilt weighing 2 kilograms with a cover. Blankets and quilts are issued every two years. Each student receives two mats annually.

3. Students may bring essential personal items into the educational correctional school as prescribed by the Ministry of Public Security.

4. Female students receive an additional amount of money equivalent to 3 kilograms of regular rice priced according to local market prices each month to purchase necessary personal hygiene supplies.

19. Article 30 is amended and supplemented as follows:

Article 30. Study Arrangements for Students

1. Students at educational correctional schools study according to the curriculum of the Ministry of Education and Training. Compulsory education is mandatory for students who have not completed compulsory education. For other students, study arrangements are organized based on their capabilities and actual conditions of the school. For students entering the school without prior academic records, the Principal of the educational correctional school shall cooperate with the County Education Office where the school is located to conduct written tests in literature and mathematics. Based on the test results, the Principal will decide on appropriate class placement for cultural studies. This decision replaces lost academic records for graduation purposes.

In addition to cultural studies, students must also study the citizen education program, vocational guidance, vocational training, and other educational programs as prescribed by the Ministry of Public Security. The monthly budget for vocational teaching and learning for each student is equivalent to 5 kilograms of rice at the market price of each locality.

2. The funds used for purchasing books, notebooks, and learning materials for each student monthly are equivalent to 7 kilograms of regular white rice at the market price of each locality.

3. Disciplinary schools are responsible for organizing mid-term exams, end-of-year exams, grade transitions, selecting excellent students, entrance exams for specialized classes, and issuing certificates or graduation diplomas corresponding to the curriculum for students in accordance with the regulations of the Ministry of Education and Training.

4. Grade books, transcripts, files, and related forms for teaching and learning activities at disciplinary schools must follow the unified templates of the Ministry of Education and Training and the Ministry of Public Security.

5. Academic certificates and vocational training certificates issued by disciplinary schools have the same value as those issued by general secondary schools.

20. Article 33 is amended and supplemented as follows:

"Article 33. Living conditions for students

1. Outside of cultural and vocational studies, labor time, disciplinary schools must organize cultural, artistic, physical education, sports, reading, watching television, and other recreational activities for students.

2. Each disciplinary school shall establish a library, each branch shall set up a reading room, play area, physical exercise and sports training room, and sports field for students to train their physical strength; equipped with internal cable radio and television systems. Each dormitory room shall be equipped with a 21-inch color television, and provided with a youth newspaper and a student newspaper."

21. Article 34 is amended and supplemented as follows:

"Article 34. Medical examination and treatment system for students and temporary suspension or exemption from remaining time served at disciplinary schools

1. Disciplinary schools must regularly organize health check-ups for all students every six months and take preventive measures against diseases; implement drug rehabilitation, HIV/AIDS prevention, and control of infectious diseases for students. The monthly medical expenses for each student are equivalent to 4 kilograms of regular white rice at the market price of each locality. The funding for drug rehabilitation and HIV/AIDS treatment for students is based on the state's allocation for drug rehabilitation centers, upon the proposal of the Ministry of Public Security.

2. Students who fall ill will be treated at the school's healthcare facility. If a student's illness is severe and exceeds the treatment capacity of the school's healthcare facility, they will be transferred to a hospital for treatment. If the family requests to bring the student home for treatment, the principal of the disciplinary school must report and request the Director of the Prison Management Department to issue a decision temporarily suspending the execution of the disciplinary school sentence.

Within five days of receiving the principal's request, the Director of the Prison Management Department has the responsibility to review and issue a decision temporarily suspending the execution of the disciplinary school sentence.

In cases where students are temporarily suspended to be treated at home, the family must cover all medical expenses for the student.

3. In cases where students suffer from serious illnesses requiring long-term hospitalization, within seven days of transferring the student to the hospital, the principal of the disciplinary school must report to the Director of the Prison Management Department. The medical expenses for the student will be covered by the state budget. The disciplinary school will directly settle the hospital fees for the hospital where the student is treated. During the student's hospital stay, the disciplinary school is responsible for caring for the student, coordinating with the family if the student has one, and ensuring strict management to prevent the student from escaping or violating the law.

In cases where students exhibit abnormal neurological symptoms, the principal of the disciplinary school must send a letter to the Central Mental Hospital in the region and dispatch staff to accompany the student for a mental evaluation. The Central Mental Hospitals in the region are responsible for evaluating the student according to the principal's request and providing a written conclusion to the principal to process according to the law.

The time spent by students undergoing treatment as stipulated in Clause 2 and Clause 3 of this Article is counted towards the execution period of the decision. One day of treatment counts as one day of serving the decision. If, after recovery, the remaining execution period is six months or more, the student must continue to serve the decision at the disciplinary school. If the remaining time is less than six months, the principal of the disciplinary school must report and request the Director of the Prison Management Department to consider and issue a decision exempting the student from the remaining time.

4. For students suffering from terminal illnesses or pregnant women, the remaining time is exempted. Within five days of receiving the principal's request for exemption, the Director of the Prison Management Department has the responsibility to review and issue a decision exempting the student from the remaining time.

5. Decisions on temporary suspension or exemption from remaining time as stipulated in Clause 2 and Clause 4 of this Article shall be sent to the Chairman of the People's Committee of the district that issued the decision to transfer the student to the disciplinary school, the People's Committee of the commune where the file was established, and the student who is temporarily suspended or exempted from the remaining time."

22. Article 35 is amended and supplemented as follows:

"Article 35. Handling cases of student deaths

1. When a student dies, the Principal of the educational correctional facility must immediately report to the Criminal Investigation Agency, the People's Procuracy, the nearest healthcare facility to establish a record determining the cause of death, with students from the educational correctional facility serving as witnesses, and to process the death registration with the local authorities. Subsequently, the Principal must send the death certificate to the relatives of the deceased student and notify the People's Committee of the district that issued the decision to admit the person to the educational correctional facility, and the People's Committee of the commune where the application for admission was filed.

In cases where a student dies while being treated at a state healthcare facility at the district level or higher, the healthcare facility is responsible for notifying the educational correctional facility and sending the death certificate to it.

2. Within twenty-four hours from completing the procedures stipulated in Clause 1 of this Article, the Principal of the educational correctional facility is responsible for organizing the burial of the body, sending the death notice to the relatives of the deceased student and the People's Committee of the commune where the student resides. The funeral expenses shall be covered by the state budget.

3. In cases where the relatives of the deceased person submit a request to transport the body back for burial or to retrieve the remains that have been buried for three years or more for burial, the Principal of the educational correctional facility may consider and decide to allow the relatives to transport the body or the remains for burial. The request to transport the body or remains for burial must be confirmed by the People's Committee of the commune where the person resided and must commit to complying with all legal regulations concerning security, public order, and environmental hygiene.

23. Article 36 is amended and supplemented as follows:

"Article 36. Visiting relatives; receiving and sending letters, money, and gifts

1. Students are allowed to meet their relatives at the reception area of the educational correctional facility, make telephone contact with their relatives, and must comply with the provisions of this Decree and the guidelines of the Ministry of Public Security regarding visiting and making telephone contacts.

2. Visitors to students must present their Identity Card and a visit request form confirmed by the People's Committee of the commune where they reside or their workplace. In cases where they stay overnight at the educational correctional facility, they must obtain the consent of the Principal of the educational correctional facility.

3. Students are permitted to receive and send letters, receive money, and gifts (excluding alcohol, tobacco, stimulants, prohibited cultural products, and other items). The educational correctional facility is responsible for inspecting letters, monitoring the content of telephone conversations, and examining packages before delivering them to the students. Specifically, money or valuable papers must be deposited with the school's safekeeping department and used according to the regulations of the Ministry of Public Security."

24. Article 44 is amended and supplemented as follows:

"Article 44. Responsibilities of the Ministry of Public Security

1. To uniformly manage educational correctional facilities and organize the direction of public security units, localities, and educational correctional facilities nationwide to implement measures for admission to educational correctional facilities.

2. To issue guiding documents, internal regulations of educational correctional facilities, and necessary forms to organize the implementation of measures for admission to educational correctional facilities.

3. To regularly urge, inspect, and supervise the implementation of measures for admission to educational correctional facilities to ensure that these activities comply with legal regulations.

4. To coordinate with the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, the Ministry of Health, the Ministry of Education and Training, and other relevant ministries and sectors, provincial People's Committees, state agencies, political-social organizations, economic organizations, and social organizations to effectively implement measures for admission to educational correctional facilities."

25. Article 46 is amended and supplemented as follows:

"Article 46. Responsibilities of the Ministry of Health

1. To coordinate with the Ministry of Public Security to guide disease prevention and control, medical examinations and treatments, and regular health check-ups for students; to guide procedures for identifying drug users and methods for drug rehabilitation;

2. To direct support in terms of personnel and technical expertise in medical matters to provide drug rehabilitation services for students in educational correctional facilities."

26. Article 48 is amended and supplemented as follows:

"Article 48. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

1. To direct county-level Labor, Invalids, and Social Affairs offices to cooperate with public security agencies to properly review applications for admission to educational correctional facilities; to direct medical institutions to properly review applications for applying measures for admission to educational correctional facilities for individuals who are currently serving decisions at medical institutions and have violated the law as prescribed generally.

2. To coordinate with the Ministry of Public Security in developing vocational education programs, guiding the organization of vocational training; paying attention to the spiritual and material life of students, providing equipment and means for vocational learning to students, assisting educational correctional facilities in implementing children's rights during their time there; helping students stabilize their lives and introduce job opportunities after graduation."

27. Article 52 is amended as follows:

"Article 52. Guidance on Implementation

The Minister of Public Security shall provide detailed guidance on the implementation of this Decree."

Article 2. Abolish Article 49 on the responsibilities of the Population, Family, and Children Committee.

Article 3. This Decree takes effect from September 15, 2009.

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.