Decree No. 76/2003/ND-CP stipulates and provides detailed guidance on the application of measures to place individuals in educational facilities.

DECREE

Specifies and guides the detailed application of

 the measure of placing individuals in educational facilities

_______________

THE GOVERNMENT

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;
At the proposal of the Minister of Public Security,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

This Decree provides specific regulations on the subjects; procedures and formalities for placing individuals in educational facilities; organization of educational facilities; management regime of individuals subject to the measure of being placed in educational facilities and other relevant provisions concerning the application of such measures.

Article 2. Placing in educational facilities

1. Placing in educational facilities is an administrative sanction aimed at assisting and educating individuals who have committed violations of the law as stipulated in Article 3 of this Decree with conditions to study culture, learn trades, work and live under the management of educational facilities to correct their mistakes and become law-abiding and useful citizens for society.

2. The application of the measure of placing in educational facilities shall be decided by the Chairman of the People's Committee of provinces and centrally-administered cities.

The duration of applying the measure of placing in educational facilities ranges from six months to two years.

Article 3. Subjects for placement in educational facilities

1. Subjects for placement in educational facilities include those individuals who have committed one of the following acts of violating the law repeatedly (two or more times within a year), but not reaching the level of criminal prosecution and have been subject to educational measures at commune, ward, town levels or have not been subject to such measures but do not have a fixed residence:

a) Violating the health, reputation, dignity of citizens, foreigners;

b) Violating the property of organizations and individuals, both domestic and foreign;

c) Disrupting public order; resisting public officials;

d) Exploiting freedom and democracy, religious freedom to incite others to infringe upon the interests of the State, rights and legitimate interests of organizations and individuals;

đ) Organizing coercion, incitement, inducement of others to flee abroad or remain illegally in foreign countries.

2. Individuals under 18 years old; women over 55 years old and men over 60 years old shall not be placed in educational facilities.

The age calculation mentioned above is based on the date of signing the decision to place in educational facilities; the legal basis for determining age is the birth certificate, if there is no birth certificate, then it must be based on the identity card or household registration book.

3. In the following cases, decisions to place in educational facilities shall not be issued or they shall not continue to execute the decision to place in educational facilities, but their files shall be transferred to the Chairman of the People's Committee of communes, wards, towns to issue decisions on applying educational measures at commune, ward, town levels according to the law:

a) Individuals who have been established files for placement in educational facilities, but on the date of signing the decision to place in educational facilities, they are over 55 years old for women or over 60 years old for men;

b) Individuals who have received decisions to place in educational facilities, but have not executed them and have fled, when caught again, they are over 55 years old for women or over 60 years old for men.

4. The measure of placing in educational facilities shall not be applied to individuals without Vietnamese nationality or holding foreign passports.

Article 4. Statute of limitations for applying the measure of placing in educational facilities

The statute of limitations for applying the measure of placing in educational facilities is one year, counted from the time the subject of this measure commits one of the violations specified in Clause 1, Article 3 of this Decree.

If during the aforementioned period, the violator intentionally avoids, the avoidance period will not be counted and the statute of limitations will be recalculated from the time the violator surrenders or is apprehended.

Article 5. Principles of handling

1. All administrative violations prescribed in Clause 1, Article 3 of this Decree must be promptly discovered, handled quickly and fairly in accordance with the provisions of this Decree and other relevant laws.

2. The application of the measure of placing in educational facilities must ensure that the right person, the right violation, the correct procedures, formalities, and authority as stipulated in the Ordinance on Handling Administrative Violations and this Decree.

Any act infringing upon the life, health, dignity, reputation, property of individuals subject to the measure of being placed in educational facilities is strictly prohibited.

3. When deciding to apply the measure of placing in educational facilities, the decision must be based on the provisions of the law; taking into account the nature, degree of danger to society of the violation, the background of the violator, and mitigating and aggravating circumstances to make appropriate decisions.

4. Individuals subject to the measure of being placed in educational facilities must study, work, and live under the management of educational facilities to become useful citizens for society.

5. Individuals who have completed the decision to be placed in educational facilities shall be provided conditions to integrate into the community for honest living and working; when meeting the conditions stipulated in Clause 2, Article 11 of the Ordinance on Handling Administrative Violations, they shall be considered as not having been subject to the measure of being placed in educational facilities.

Article 6. Establishment and management of educational facilities

1. The Minister of Public Security decides on the establishment, merger, dissolution of educational facilities nationwide.

Educational facilities are established in each region. In cases where localities have many subjects requiring the application of the measure of being placed in educational facilities, the Chairman of the People's Committee of the province shall develop plans to propose to the Minister of Public Security for consideration and decision on establishing educational facilities in their locality.

2. Educational facilities are planned, designed, and constructed according to unified regulations of the Ministry of Public Security, ensuring suitability with the characteristics and requirements of management and education of inmates and ensuring standards for fire prevention, environmental sanitation.

3. The Ministry of Public Security uniformly manages educational facilities nationwide; coordinating with the Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs in organizing and managing educational facilities.

Article 7. Funding to ensure the application of the measure of placing in educational facilities

1. Funding to ensure investment in building physical infrastructure, purchasing equipment, means, and organizing activities of educational facilities; for the establishment and review of files; for organizing the placement of individuals in educational facilities, searching for fugitives; for food, clothing, accommodation, study, disease prevention, and treatment of inmates is allocated and arranged in the annual state budget of the Ministry of Public Security.

2. Educational institutions may receive material sponsorship and assistance from organizations and individuals; they may participate in economic contracts and collaborations with organizations and individuals in accordance with the provisions of the law to create financial resources to support their activities.

Article 8. Definitions

2. Self-generated and self-consumed electricity is electricity produced and consumed by an organization or individual to serve their own needs.

1. A detainee is a person currently serving a decision to be placed in an educational institution at such an institution.

2. A seriously ill person is someone in a condition of severe illness to the extent that they are no longer capable of normal work and daily living, or are in a life-threatening condition, and according to a doctor's prescription must undergo treatment for a certain period before recovery.

3. A person suffering from a serious illness is someone currently afflicted with one of the life-threatening diseases such as cancer, polio, cirrhosis, leprosy, severe tuberculosis, HIV/AIDS, or other diseases designated by the Ministry of Health as serious illnesses.

4. A family facing extraordinary difficulties includes cases where the person subject to placement in an educational institution is the sole breadwinner for the family’s livelihood; families affected by natural disasters or major fires, or have relatives who are seriously ill or suffer from serious illnesses, and there is no one else to address the aftermath of the disaster or fire or care for the sick person.

Chapter 2:

PROCEDURES FOR PLACING PERSONS IN EDUCATIONAL INSTITUTIONS

Article 9. Preparing a proposal to place persons in educational institutions

1. For persons subject to placement in educational institutions who have a fixed residence and have been subjected to educational measures at the commune, ward, town level, the Chairman of the People's Committee of the commune where the person resides shall examine and prepare a file to submit to the Chairman of the People's Committee of the district.

The proposal to place a person in an educational institution includes a summary of the individual's record, minutes, and materials on their violations of the law; documents on applied educational measures; comments from the police agency, opinions of the Vietnam Fatherland Front and related social organizations at the same level.

2. For persons subject to placement in educational institutions but without a fixed residence, the Chairman of the People's Committee of the commune where the person committed the violation shall prepare a report and submit it to the Chairman of the People's Committee of the district.

In cases where the object is directly discovered, handled, and investigated by the county or provincial police agencies in criminal offenses not reaching the level of criminal prosecution but falling under the category of persons subject to placement in educational institutions as stipulated in Clause 1, Article 3 of this Decree, the handling police agency must verify, collect evidence, prepare a file, and submit it to the Chairman of the People's Committee at the same level to propose the application of the measure to place them in an educational institution.

The proposal to place a person in an educational institution in this case includes a summary of the individual's record, materials on their violations of the law; extracts of judgments and applied educational measures (if any).

3. The People's Committee of the district has the responsibility to direct the police agency at the same level to strictly manage the objects during the time of preparing files to place them in educational institutions.

4. Police agencies at all levels have the responsibility to assist the Chairman of the People's Committee at the same level in collecting evidence and preparing proposals to place people in educational institutions.

Within two days from the date of receipt of the file, the Chairman of the People's Committee of the district must transfer the file to the police agency at the same level for verification and review of the file. Within fifteen days from the date of receipt of the file, the police agency of the district has the responsibility to verify and review the file, report to the Chairman of the People's Committee at the same level. Within three days from the date of receipt of the verification and review report from the police agency, the Chairman of the People's Committee of the district must send the file, along with a document proposing placement in an educational institution, to the Chairman of the People's Committee of the province. Within three days from the date of receipt of the file, the Chairman of the People's Committee of the province sends the file to the members of the Advisory Council.

6. In cases where the object is handled and the file is sent by the county police agency to the Chairman of the People's Committee at the same level in accordance with Clause 2, Article 3 of this Decree, within ten days from the date of receipt of the file, the Chairman of the People's Committee of the district must send the file, along with a document proposing placement in an educational institution, to the Chairman of the People's Committee of the province.

7. In cases where the object is directly discovered, handled, and investigated by the provincial police agency in criminal offenses not reaching the level of criminal prosecution and falls under the category of persons subject to placement in educational institutions, the provincial police agency completes the procedures and files and submits them to the Advisory Council for consideration and resolution according to the general procedures stipulated in this Decree.

Article 10. Advisory Council on Placement in Educational Institutions

1. The Advisory Council on Placement in Educational Institutions is established by the Chairman of the People's Committee of the province, consisting of the Director of Public Security, the Director of the Department of Justice, the Director of the Department of Labor, Invalids and Social Affairs, the Chairman of the Vietnam Fatherland Front at the provincial level, among which the Director of Public Security is the permanent member of the Advisory Council. The permanent member of the Advisory Council is responsible for preparing materials, organizing, and chairing meetings of the Council.

2. Within fifteen days from the date of receipt of the file, the Advisory Council has the responsibility to review the file and organize a meeting to examine the file, prepare a report to submit to the Chairman of the People's Committee of the province.

The Advisory Council operates in a collective manner, concluding based on majority opinion. In cases where the voting opinions are equal, the decision is made according to the opinion of the permanent member of the Advisory Council. Different opinions must be recorded in the meeting minutes and attached to the report submitted to the Chairman of the People's Committee of the province for consideration and decision.

3. Representatives of the Provincial People's Council may be invited to attend the Advisory Council's meetings.

Article 11. Transfer of Files of Individuals Suspected of Criminal Offenses for Criminal Prosecution

When examining the files of individuals to propose or decide on the application of the measure to place them in an educational institution, if it is found that their violations indicate criminal offenses, the authority with jurisdiction must immediately prepare a document and transfer the file to the competent investigative agency to handle according to the criminal procedure.

Article 12. Handling Cases Where an Individual Belongs to Both Categories Subject to Placement in Educational Institutions and Medical Treatment Facilities

In cases where a person commits acts of violating the law that fall under both the category for placement in educational facilities and the category for placement in medical facilities, the competent authority shall only apply the measure of placement in a medical facility.

The agency that has accepted the file for placement in an educational facility shall be responsible for transferring the entire file to the Advisory Board on Placement in Medical Facilities to proceed with the procedures for placement in a medical facility as prescribed by law.

Article 13. Decision on placement in an educational facility

1. The Chairman of the Provincial People's Committee shall examine and decide on the placement in an educational facility within seven days from the date of receiving the report of the Advisory Board.

2. The decision on placement in an educational facility shall take effect from the date of signing and must be immediately sent to the provincial police, the provincial People's Council, the commune People's Committee where the person resides, and handed over to the person subject to the decision before its implementation.

3. The content of the decision on placement in an educational facility must clearly state the date, month, year of issuance; the name, position of the issuer; the name, date of birth, occupation, place of residence of the person to be placed in an educational facility; the act of violating the law committed by that person; the article and clause of the applicable document; the period required to comply with the decision; the location of compliance according to the guidelines of the Ministry of Public Security; the right to appeal and initiate litigation against the decision on placement in an educational facility as prescribed by law.

Article 14. Enforcement of the decision on placement in an educational facility

1. Within five days from the date of issuance, the provincial police shall be responsible for placing the person subject to the decision into the educational facility.

The period of compliance with the decision on placement in an educational facility is calculated from the date when the person subject to this measure is taken to the educational facility.

Upon receipt of the decision on placement in an educational facility, the county police and the commune People's Committee shall be responsible for coordinating with the provincial police to ensure the enforcement of the decision.

2. If there is a need for time to complete necessary procedures before placing the person with the decision into the educational facility, the provincial police may issue a decision to manage them at the provincial police station for no more than five days to complete the necessary procedures.

The time spent under management at the provincial police station shall be counted towards the period of compliance at the educational facility.

The living and eating conditions of the person who has been decided to be placed in an educational facility during the time they are managed at the provincial police station shall be treated the same as those of inmates in the educational facility.

The provincial police must arrange a separate area for managing persons who have been decided to be placed in an educational facility during their time under management at the provincial police station.

The Ministry of Public Security shall provide detailed guidance on the management of such individuals at the provincial police station.

3. When placing a person subject to the decision on placement in an educational facility, accompanying files must be provided; the files include:

a) The decision on placement in an educational facility;

b) A summary of the criminal record and the act of violating the law of the person subject to the measure of placement in an educational facility;

c) A list of the person subject to the measure of placement in an educational facility;

d) Any other necessary documents related to the personal background of the person subject to the decision and to serve the management and education of that person (if any).

4. When accepting a person with a decision on placement in an educational facility, verification and inspection of the person being received must be conducted against the file, identity card, citizen identification card, and other personal documents, and a handover record must be established, clearly stating the contents of the file, the current health status of the person being received, personal belongings carried, and other issues related to the handover.

Article 15. Forced Enforcement of the Decision

A person subject to the decision on placement in an educational facility, if they do not voluntarily comply or engage in resistance, may be restrained, escorted, or subjected to other necessary coercive measures as prescribed by law and the guidelines of the Ministry of Public Security to compel them to comply with the decision. If the act of resistance constitutes a crime, they will be held criminally responsible according to the provisions of criminal law.

Article 16. Time limit for enforcing the decision on placement in an educational facility

The decision on placement in an educational facility becomes void after one year from the date of issuance. In cases where the person subject to placement in an educational facility deliberately evades enforcement, the time limit mentioned above shall be recalculated from the point when the evasion ends.

Article 17. Searching for and apprehending individuals who have escaped after being decided to be placed in an educational facility

1. For individuals who have been decided to be placed in an educational facility but escape before being taken there, the Head of the County Police where they reside or where the file was established shall issue a search warrant.

2. If an inmate of an educational facility escapes, the Director of the Educational Facility shall issue a search warrant. The time spent escaping from the educational facility shall not be counted towards the period of compliance with the decision.

The agency that issued the search warrant shall be responsible for organizing the search and apprehension of the fugitive. During the apprehension, if the individual engages in resistance, necessary coercive measures as stipulated in Article 15 of this Decree may be applied to compel them to comply.

The People's Committees and police at all levels shall cooperate and assist the aforementioned agencies in searching for and apprehending fugitives.

Upon discovering a fugitive with a search warrant, everyone has the responsibility to immediately inform the nearest police agency or People's Committee, or to arrest and escort the fugitive to these agencies.

4. When apprehending a fugitive or receiving a fugitive, the police agency must establish a record, take statements from them; simultaneously, notify the agency that issued the search warrant to come and receive the fugitive.

Upon receiving the notification, the agency that issued the search warrant must send someone immediately to receive the fugitive and return them to the educational facility; the handover of the fugitive must be recorded according to the regulations.

During the period awaiting the decision of the authority to locate and hand over the subject, if necessary, the competent authority may issue a decision to temporarily detain the subject in accordance with the provisions of the law or transfer the subject to the Provincial Police for management in accordance with Clause 2 of Article 14 of this Decree.

Strictly prohibit the temporary detention of subjects in rooms designated for criminal detention or other places that do not ensure hygiene and safety for those under administrative temporary detention.

Article 18. Postpone or exempt from executing the decision to send to an educational facility

1. A person who has been decided to be sent to an educational facility but has not yet reported to execute the decision at the facility shall be granted a postponement of execution of the decision in the following cases:

a) Seriously ill, with certification from a Health Center or hospital at district level or higher;

b) Pregnant, with certification from a Health Center or hospital at district level or higher, or a woman nursing a child under 36 months old, with a request and confirmed by the People's Committee of the commune where she resides;

c) The family is experiencing extraordinary difficulties, with a request and confirmed by the People's Committee of the commune where they reside.

When the postponement period expires or the conditions for postponement no longer exist, the decision to send to an educational facility shall be immediately resumed.

2. A person who has been decided to be sent to an educational facility but has not yet reported to execute the decision at the facility shall be exempted from execution of the decision in the following cases:

a) Suffering from a serious illness, with certification from a hospital or Health Center at district level or higher, and the person no longer poses a danger to society;

b) Showing clear progress in complying with the law or performing meritorious acts during the period of postponed execution of the decision to send to an educational facility.

3. The Chairman of the Provincial People's Committee shall examine and decide on the postponement or exemption from execution of the decision based on the request of the person required to execute the decision to be sent to an educational facility. In cases deemed necessary, the Chairman of the Provincial People's Committee may delegate the Director of the Provincial Public Security Department to review and verify specific cases stipulated in Clause 1 and Clause 2 of this Article before making a decision.

Chapter 3:

ORGANIZATION OF EDUCATIONAL FACILITIES AND MANAGEMENT OF INMATES

Article 19. Organization of educational facilities

1. The organizational structure of an educational facility includes the Director, Deputy Directors, management and education staff, cultural and vocational instructors; logistics, technical, medical personnel, and security police force.

2. The appointment and removal of the Director and Deputy Directors of the educational facility; decisions on staffing and organizational structure of the educational facility are made by the Minister of Public Security.

Each educational facility manages between 500 and 2,500 inmates. Educational facilities managing more than 1,000 inmates may establish sub-districts in accordance with regulations of the Ministry of Public Security.

Article 20. Director and Deputy Directors of educational facilities

1. The Director of an educational facility is the head of the facility and is responsible for all activities of the facility.

2. The Deputy Director assists the Director in carrying out assigned tasks, and is responsible to the Director and the law for the work area assigned.

Article 21. Standards for the Director, Deputy Director, and staff of educational facilities

1. The Director, Deputy Director, management and education staff, logistics, medical personnel, and security police must be individuals with good political qualities, organizational discipline awareness, professional knowledge, and understanding of the law.

2. The Director and Deputy Director must be graduates of one of the following institutions: People's Police Academy, People's Security Academy, Law University, Social Sciences and Humanities University, Pedagogical University, and must have experience in managing and educating law violators.

3. Management and education staff, cultural and vocational instructors, and commanding officers of the security police force must be individuals who have graduated from a Police High School, Security High School, or equivalent.

4. Officers and soldiers of the security police force engaged in management, escort, and protection duties must be individuals who have been trained in specialized operations according to the regulations of the Ministry of Public Security.

Article 22. Article on transferring inmates

In accordance with the scale of inmate management at educational facilities or due to operational requirements, the Director of the Prison Management Department, educational facility, or rehabilitation school may issue a decision to transfer inmates from one educational facility to another in accordance with the regulations of the Ministry of Public Security.

Article 23. Extracting inmates

1. Extracting inmates refers to temporarily removing inmates from educational facilities upon request of authorized criminal proceedings agencies for them to participate in litigation in cases related to them. The period of extracting inmates is counted towards the time served at the educational facility.

2. When there is a request to extract, the head of the authorized criminal proceedings agency must send a letter to the Director of the educational facility, clearly stating the name, reason, and duration of extraction of the person to be extracted. Based on the request letter from the criminal proceedings agency, the Director of the educational facility issues a decision to extract the inmate. The extraction decision must specify the name, age, address of the person being extracted; the requesting agency, purpose, and duration of extraction, rank, and position of the signatory.

3. The agency requesting extraction is responsible for transporting the person with the extraction decision and returning them to the educational facility according to the deadline specified in the extraction decision. When handing over the person according to the extraction decision, a record must be established in accordance with the prescribed regulations.

Article 24. Pursuing criminal responsibility for persons who have been decided to be placed in an educational facility

1. In cases where a person has been decided to be placed in an educational facility and subsequently it is discovered that their violation has signs of a crime and the statute of limitations for pursuing criminal responsibility has not expired, the matter shall be handled as follows:

a) If the decision has not yet been implemented, the Chairman of the Provincial People's Committee shall revoke the decision to place the individual in the educational facility and within three days from the date of revoking the decision, must transfer the file of the subject to the authorized criminal proceedings agency.

If the act of the subject is later suspended in investigation, discontinued in the case, or the Court declares them not guilty, the criminal proceedings agency must return the file of the subject to the Chairman of the Provincial People's Committee to consider and issue a decision to place the person in the educational facility.

b) If the person is currently implementing the decision at the educational facility, upon request of the authorized criminal proceedings agency, the Director of the educational facility shall issue a decision to temporarily suspend the implementation of the decision for that person and transfer the file of the subject to the criminal proceedings agency. At the same time, notify the Chairman of the Provincial People's Committee which issued the decision to place them in the educational facility.

If the act of the subject is later suspended in investigation, discontinued in the case, or the Court declares them not guilty, the criminal proceedings agency must return the file of the subject to the educational facility so they can continue to implement the decision.

If the subject is subject to one of the punishments provided for in the Penal Code, the criminal proceedings agency that received the file and the subject previously must notify the educational facility in writing about the specific type of punishment, the duration applied, the place of serving the judgment, and other relevant contents. At the same time, notify the Chairman of the Provincial People's Committee which previously issued the decision to place them in the educational facility to revoke the decision to place them in the educational facility.

If the subject is sentenced to imprisonment, the time already served under the measure of placing in an educational facility will be counted towards the term of serving the imprisonment sentence. Two days of serving the measure of placing in an educational facility are equivalent to one day of serving the imprisonment sentence.

2. In cases where it is discovered that a person who has been decided to be placed in an educational facility has committed a criminal act before or during the implementation of the decision, the matter shall be handled as follows:

If the decision has not yet been implemented, upon request of the authorized criminal proceedings agency, the Chairman of the Provincial People's Committee shall issue a decision to temporarily suspend the implementation of the decision to place the person in the educational facility and transfer the file of the subject to the authorized criminal proceedings agency.

If the person is currently implementing the decision at the educational facility, upon request of the authorized criminal proceedings agency, the Director of the educational facility shall issue a decision to temporarily suspend the implementation of the decision for that person and transfer the file of the subject to the authorized criminal proceedings agency.

If the subject is later sentenced to imprisonment, they will be exempted from serving the remaining time in the decision to apply the measure of placing in an educational facility; if the applied punishment is not imprisonment or is imprisonment with a term but with suspended sentence, then the person may still need to continue implementing the decision to place in the educational facility.

Article 25. Reducing the term, temporarily suspending, or exempting from serving the remaining time at the educational facility

1. An inmate who has served half of the term specified in the decision, if showing clear progress or meritorious service, may be considered for reducing the term of implementation by one to six months or exempted from serving the remaining time.

During the implementation of the decision at the educational facility, each person can only be reduced once; if an inmate has been reduced in term but later shows meritorious service again, they may be considered for reduction a second time.

2. In cases where an inmate falls seriously ill and needs to be returned home for treatment, their implementation of the decision can be temporarily suspended; the suspension period is counted towards the term of implementation; if after recovery, the remaining term is three months or more, the person must continue to serve at the educational facility.

Female inmates who are pregnant are temporarily suspended from implementing the decision until the child is 36 months old; if they show clear progress or meritorious service during the suspension period, they may be exempted from serving the remaining time. Inmates suffering from serious illnesses are exempted from serving the remaining time.

3. The Director of the Prison Management Department decides on reducing the term, temporarily suspending, or exempting from execution according to the provisions of Clause 1 and Clause 2 of this Article based on the proposal of the Director of the educational facility. This decision must be sent to the Chairman of the People's Committee of the province where the decision was made to place that person in the educational facility and the People's Committee of the commune where they reside.

4. The Minister of Public Security shall provide detailed guidance for implementing the reduction of terms, temporary suspension, and exemption from execution as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 26. Expiration of the Execution Period for Placement in Educational Facilities

1. When the person placed in an educational facility has completed the placement period, the Director of the educational facility shall issue a certificate to that person and send a copy of the Certificate to the Director of the Prison Management Department, the educational facility, the Director of the Juvenile Correctional School, the Chairman of the People's Committee of the province where the decision was made, and the People's Committee of the commune where the person resides.

In cases where the person has completed the execution but has not truly progressed, the Director of the educational facility must provide a separate assessment and recommend further management and education measures to be sent to the public security agency at the district level and the People's Committee of the commune where the person resides.

Within five days from returning to their locality, the person who has completed the placement period in the educational facility must report to the Police Station, Ward, or Town where they reside.

2. After completing the placement period in the educational facility, the person is entitled to reclaim money and items deposited at the facility (if any); the educational facility shall provide them with travel expenses, food allowance, and a set of regular clothes (if they do not have any) to return to their place of residence and must return any tools, equipment provided for work, study, and living purposes borrowed from the educational facility; if lost or damaged, compensation must be paid.

Chapter 4:

REGIME FOR PRISONERS

Article 27. Management regime for prisoners

1. Prisoners must labor, study, and live under the management and supervision of the educational facility.

Based on the number of prisoners, the duration of education, personal characteristics, nature and degree of violation, health status, gender, and age of each category of individuals, the Director of the educational facility shall implement appropriate management and education measures for them in accordance with the regulations of the Ministry of Public Security.

2. Prisoners are arranged to stay in collective dormitories by teams, groups, or clusters suitable for the requirements of managing and educating each category of individuals.

Prisoners are provided with beds (or sleeping floors) with quilts, mosquito nets, and blankets; each prisoner’s sleeping space must be at least 2.5 meters.²Separate areas for men and women.

3. Prisoners may bring essential personal items into the educational facility for use as prescribed by the Ministry of Public Security.

Article 28. Food and Clothing Regime

1. Each year, each prisoner is issued two sets of long-sleeved clothing, two sets of undergarments, two towels, one pair of shoes, one toothbrush, one raincoat, one hat for sun and rain protection; every quarter, they are issued one tube of toothpaste, 0.6 kilograms of soap; every two years, they are issued one quilt and one mosquito net; in cold northern regions, prisoners are additionally issued one warm coat and one down quilt for use over two years.

Female prisoners are provided with a monthly hygiene allowance equivalent to 2 kilograms of rice based on the market price of each locality.

2. The monthly food ration for prisoners is as follows: 15 kilograms of rice, 0.8 kilograms of meat or fish, 0.3 kilograms of sugar, 0.5 kilograms of salt, 1 liter of fish sauce, 15 kilograms of green vegetables, 15 kilograms of firewood or equivalent fuel. On holidays and New Year's Day, they are allowed additional meals up to three times the daily standard; during Tet, they are allowed additional meals up to five times the daily standard. For those engaged in heavy labor or in hazardous environments, the monthly food quantity can be increased according to the law. Food standards are calculated based on the market prices of each locality.

3. The dietary and rest regime for sick prisoners is decided by the Director of the educational facility according to the medical authority's instructions.

Article 29. Living and studying regime

1. Prisoners are allowed to engage in physical exercise, cultural, artistic activities, entertainment; they are permitted to read books, listen to the radio, hear news broadcasts, and watch television programs as prescribed by the Ministry of Public Security.

2. Prisoners are allowed to study literacy, twice a week, four hours per session. Depending on the specific conditions of the educational facility, the Director may arrange additional time for other subjects.

3. Prisoners are allowed to study civic education programs once a week, four hours per session.

4. Depending on specific conditions, the educational facility may arrange for prisoners to combine work with learning suitable trades.

5. The Ministry of Public Security, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Education and Training shall prescribe the curriculum and training programs, and arrange teachers to teach culture and vocational skills for educational facilities.

Article 30. Labor regime

1. Prisoners work eight hours a day, and are entitled to rest on Saturdays, Sundays, and public holidays as prescribed by law.

In case of urgent work, the Director of the facility may require prisoners to work overtime, but not exceeding two hours in a day and must be compensated with rest time.

2. Prisoners must complete the assigned workload. Besides the daily working hours as prescribed, the educational facility may allow prisoners to work extra hours to improve their living conditions according to their wishes, but must comply with the relevant laws.

3. For jobs requiring occupational safety and health protection as prescribed by law, the educational facility is responsible for providing appropriate protective clothing and equipment. In cases of night shifts, emergency overtime, hazardous work conditions, or strenuous work, they will be compensated as prescribed.

4. In cases of work-related accidents, the educational facility must promptly organize rescue and treatment and handle the necessary procedures to provide benefits according to the law.

Article 31. Management and utilization of the results of labor at the educational facility

1. The educational institution shall manage uniformly the results of labor from its own operations to cover costs for medical examinations and treatments, partially offsetting meal and living expenses for inmates, rewarding inmates with achievements in labor and study; to supplement the welfare fund of the institution; to invest in expanding production and constructing facilities of the educational institution; to allocate funds for rewarding officers and soldiers of the educational institution with achievements in organizing production management.

Inmates who exceed their assigned labor targets will have part of the excess results utilized.

2. The Ministry of Public Security shall specify the detailed regulations on managing and utilizing the results of labor from educational institutions.

Article 32. Medical examination, treatment, and handling of inmate deaths

1. Based on the specific conditions of the educational institution, the Director of the educational institution shall organize health check-ups and take preventive measures against diseases for inmates. The monthly cost for medicine, examination, and regular treatment for each inmate shall be equivalent to 02 kilograms of rice at the market price of each locality.

In cases where inmates fall ill, based on the medical staff's recommendations, the Director of the educational institution shall consider granting them temporary leave from labor and study or reducing their work quotas and hours during their illness period; if necessary, they may be treated at the institution's infirmary or referred to a hospital; in severe cases requiring family treatment, the Director of the educational institution must report to the Director of the Prison Management Department, Educational Institution, or Rehabilitation School for a decision to temporarily suspend the execution of the decision in accordance with Article 25 of this Decree.

2. In cases where inmates die, the Director of the educational institution must immediately notify the Investigative Agency and the nearest People's Procuracy to establish a record confirming the cause of death, with inmates and the educational institution serving as witnesses, while simultaneously sending a death certificate to the deceased's family and informing the provincial People's Committee that issued the decision to place the individual in the educational institution and the commune People's Committee where the individual previously resided.

Within 24 hours from completing the aforementioned procedures, the Director of the educational institution is responsible for organizing the burial of the deceased; funeral expenses shall be covered by the state budget.

In cases where the deceased's relatives request to transport the body back for burial, the Director of the educational institution may decide to allow them to do so.

The application for transporting the body back for burial must be confirmed by the commune People's Committee and must commit to complying with all legal provisions regarding security, public order, and environmental hygiene.

Article 33. Visiting relatives; receiving and sending letters; receiving money and gifts

1. Inmates are allowed to meet relatives twice a month, each visit not exceeding two hours at the reception house of the educational institution and must comply with the regulations on visits. For longer visits, approval from the Director of the educational institution is required, but not exceeding four hours.

Inmates who make significant efforts in labor, study, and strictly adhere to laws and internal regulations of the educational institution may be granted up to 48 hours to meet their spouse or partner and stay overnight at the reception house of the educational institution.

2. Visitors to inmates must present identification cards, visitation applications, and if visiting as a spouse or partner staying overnight, they must also provide marriage registration certificates.

3. Inmates are permitted to receive and send letters; receive gifts and money (Vietnamese currency); all letters and gifts must undergo inspection by the educational institution. Specifically, cash must be deposited into the educational institution's custody department for use according to the regulations of the Ministry of Public Security.

Article 34. Reward and disciplinary system

1. Inmates who achieve success in training, study, and strictly follow legal regulations and internal rules of the educational institution shall be rewarded through various forms: commendation, awards, monetary or material rewards, increased number of visits with relatives, and consideration for reduction or exemption of remaining time served.

2. Inmates who violate laws, internal rules of the educational institution, are lazy in labor and study, fail to correct mistakes voluntarily, and consistently fail to meet assigned work quotas shall be disciplined according to the nature and severity of the violation through various forms: warning, limiting the number of visits with relatives, restricting gift receipt, isolation in disciplinary cells for seven to ten days; if the violation indicates criminal behavior, they will be held criminally responsible.

In cases of violations not reaching the level of criminal responsibility but repeatedly disciplined after education and still failing to improve upon completion of the educational period, the Director of the educational institution shall prepare a report for the Chairman of the provincial People's Committee where the educational institution is located to consider and decide on placing the individual in the educational institution according to the general procedure stipulated in Article 10 of this Decree.

The decision to place in the educational institution in such cases must be sent to the provincial People's Committee that previously decided to place the individual in the educational institution for their knowledge.

The Ministry of Public Security shall provide detailed guidance on preparing the file for placement in the educational institution in such cases.

Article 35. Petition, complaint, administrative litigation

1. Persons subject to the measure of placement in an educational institution or their lawful representatives have the right to appeal or initiate administrative litigation against the application of such measure.

2. All citizens have the right to report illegal acts in the application of the measure of placement in an educational institution.

3. The authority, procedures, and deadlines for handling appeals, complaints, or administrative litigation procedures shall be carried out in accordance with the law on appeals and complaints or the procedures for resolving administrative cases.

Chapter 5:

RESPONSIBILITIES OF STATE AUTHORITIES IN ORGANIZING AND IMPLEMENTING MEASURES

IN THE MANAGEMENT OF EDUCATIONAL INSTITUTIONS

Article 36. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

The Ministry of Public Security is responsible for regularly inspecting and supervising the implementation of the measure of placement in educational institutions, ensuring that these activities comply with legal regulations; issuing internal regulations of educational institutions and standardized forms for uniform implementation; coordinating with relevant ministries, sectors, and provincial People's Committees to implement the measure of placement in educational institutions.

Article 37. Responsibilities of the Ministry of Public Security

The Ministry of Finance is responsible for providing funding for the construction and operation of educational institutions and related activities concerning the application of the measure of placement in educational institutions according to the annual budget approved by the Ministry of Public Security.

Article 38. Responsibilities of the Ministry of Health

The Ministry of Health is responsible for coordinating with the Ministry of Public Security to guide disease prevention; medical examination and treatment for individuals subject to placement in educational facilities.

Article 39. Responsibilities of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training

The Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training are responsible for coordinating with the Ministry of Public Security in developing education programs, guiding cultural education, vocational training, and implementing labor insurance regimes for inmates in accordance with the provisions of the law.

Article 40. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

The People's Committee of provinces and centrally governed cities within their scope of functions and responsibilities shall be responsible for organizing the implementation of the provisions of this Decree; allocating land for the construction of educational facilities; coordinating and creating favorable conditions for educational facilities located in their localities to fulfill their tasks; directing the People's Committees at all levels to develop plans to manage and educate individuals who have completed decisions on placement in educational facilities but have not yet shown substantial progress as stipulated in Clause 1, Article 26 of this Decree; formulating policies to assist individuals who have completed decisions on placement in educational facilities to find employment, stabilize their lives quickly, and integrate into society.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 41. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Government Decree No. 32/CP dated April 14, 1997 regarding the issuance of regulations on educational facilities.

Article 42. Implementation guidance

The Ministers of the Ministry of Public Security, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Education and Training shall provide detailed guidance on the implementation of this Decree.

Article 43. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.