JOINT CIRCULAR No. 03/2025/TTLT-BCA-VKSNDTC-TANDTC ON THE HANDLING OF ISSUES RELATED TO THE APPLICATION OF ADMINISTRATIVE SANCTIONS INVOLVING PLACEMENT IN EDUCATIONAL REFORM SCHOOLS, COMPULSORY EDUCATION FACILITIES, AND COMPULSORY DRUG DETOXIFICATION FACILITIES FOR PERSONS AGED BETWEEN 12 AND UNDER 18 YEARS OLD, ISSUED BY THE MINISTER OF PUBLIC SECURITY - THE PROSECUTOR GENERAL - THE CHIEF JUSTICE OF THE SUPREME PEOPLE'S COURT

JOINT CIRCULAR

REGULATIONS ON THE HANDLING OF CERTAIN ISSUES RELATED TO THE APPLICATION OF ADMINISTRATIVE MEASURES FOR PLACEMENT IN EDUCATIONAL CORRECTIONAL SCHOOLS, COMPULSORY EDUCATION FACILITIES, COMPULSORY DRUG DETOXIFICATION FACILITIES AND MEASURES FOR PLACEMENT IN COMPULSORY DRUG DETOXIFICATION FACILITIES FOR PERSONS AGED FROM 12 TO UNDER 18 YEARS OLD WHEN REORGANIZING THE STATE ORGANIZATION STRUCTURE

REGARDING THE IMPLEMENTATION OF EDUCATIONAL CORRECTIONAL INSTITUTIONS, COMPULSORY EDUCATIONAL FACILITIES, AND COMPULSORY DRUG DETOXIFICATION MEASURES FOR PERSONS AGED FROM TWELVE TO UNDER EIGHTEEN YEARS OLD WHEN ESTABLISHING THE NATIONAL ADMINISTRATIVE ORGANIZATION STRUCTURE

REGARDING THE IMPLEMENTATION OF COMPULSORY DRUG DETOXIFICATION MEASURES FOR PERSONS AGED FROM TWELVE TO UNDER EIGHTEEN YEARS OLD WHEN ESTABLISHING THE NATIONAL ADMINISTRATIVE ORGANIZATION STRUCTURE

AT THE HIGHEST LEVEL

Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the organization and staffing of state agencies;

The Minister of Public Security, the Prosecutor General of the Supreme People's Procuratorate, and the Chief Justice of the Supreme People's Court issue this Joint Circular to regulate the handling of certain issues related to the application of administrative measures for placement in educational correctional schools, compulsory education facilities, compulsory drug detoxification facilities and measures for placement in compulsory drug detoxification facilities for persons aged from 12 to under 18 years old when not organizing the County-level Public Security Office and transferring the state management tasks regarding drug detoxification and post-detoxification management to the Ministry of Public Security.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Joint Circular regulates the handling of certain issues related to the application of administrative measures for placement in educational correctional schools, compulsory education facilities, compulsory drug detoxification facilities and measures for placement in compulsory drug detoxification facilities for persons aged from 12 to under 18 years old when not organizing the County-level Public Security Office and transferring the state management tasks regarding drug detoxification and post-detoxification management to the Ministry of Public Security.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) Police stations at commune, ward, town level (hereinafter referred to collectively as Commune-level Police); Police units and localities;

b) People's Procuracy;

c) People's Courts;

d) Persons with authority of the agencies and units specified in points a, b and c of this Clause;

đ) Other agencies, organizations, individuals related to the matter;

Article 2. Application of Law

1. The application of administrative measures for placement in educational correctional schools, compulsory education facilities, compulsory drug detoxification facilities and measures for placement in compulsory drug detoxification facilities for persons aged from 12 to under 18 years old when not organizing the County-level Public Security Office and transferring the state management tasks regarding drug detoxification and post-detoxification management to the Ministry of Public Security shall be carried out in accordance with this Joint Circular and the provisions of other legal documents issued before the effective date of this Joint Circular, provided that they are not inconsistent with the contents of this Joint Circular.

2. The coordination relationship between the People's Procuracy and the People's Court in applying administrative measures for placement in educational correctional schools, compulsory education facilities, compulsory drug detoxification facilities and measures for placement in compulsory drug detoxification facilities for persons aged from 12 to under 18 years old shall be implemented in accordance with current laws.

Article 3. Preparation of Proposal Files for Application of Measures for Placement in Educational Correctional Schools

1. The preparation of proposal files for the application of measures for placement in educational correctional schools for the subjects specified in Article 92 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) (hereinafter referred to collectively as the Law on Handling Administrative Violations) shall be carried out as follows:

The proposal file includes: a summary of the criminal record; documents on the acts of violating the law committed by the violator; educational measures already applied; a statement from the violator, opinions of their parents or other lawful representatives, opinions of the school, agency, or organization where the person under 18 years old is studying or working (if applicable), and other relevant documents;

The proposal file includes: summary of personal history; documents on violations of the law by the violator; educational measures already applied; statement of the violator, opinions of parents or their lawful representatives, opinions of the school, agency, organization where the person under 18 years old is studying or working (if any), and other relevant documents;

The proposal file includes: the violation record; a summary of the criminal record; documents on the acts of violating the law committed by them; results of verifying prior offenses; educational measures already applied (if applicable); a statement from the violator, opinions of their parents or other lawful representatives.

The proposal file includes: violation record; summary of personal history; documents on violations of the law by the person; extract of criminal records; educational measures already applied (if any); statement of the violator, opinions of parents or their lawful representatives.

2. In cases where persons under 18 years old violate the law directly discovered, investigated, and handled by provincial-level public security agencies in violation cases but not reaching the level of criminal prosecution, which fall within the scope of placement in educational correctional schools according to Article 92 of the Law on Handling Administrative Violations, the agency or unit handling the case shall complete the violation file and transfer it to the competent Commune-level Police to prepare the proposal file for the application of measures for placement in educational correctional schools for that person. If the violation file transferred by the provincial-level agency or unit is incomplete, the Head of the Commune-level Police shall request such agency or unit to supplement; the supplementation period is two working days. Within two working days from the date of receiving the supplementary documents, the Head of the Commune-level Police shall complete the proposal file and submit it to the People's Court at the county level to apply measures for placement in educational correctional schools.

The proposal file includes: summary of personal history; documents on violations of the law by the person; educational measures already applied; statement of the violator, opinions of parents or their lawful representatives.

3. The provincial-level public security agencies and Commune-level Police specified in Clause 2 of this Article, when preparing the proposal file, must bear responsibility for the legality of the documents and the proposal file. After completing the preparation of the proposal file, the Commune-level Police must notify in writing the person proposed to be subject to the measure, their parents or their lawful representatives about the preparation of the file. These persons have the right to read the file and make necessary notes within three working days from the date of receipt of the notification.

Article 4. Examination and decision on transferring files to request the People's Court at the district level to apply the measure of sending to a specialized educational facility

1. Within 01 working day from the date when the deadline for reading the file as prescribed in Clause 3, Article 3 of this Joint Circular expires, the Head of the Police Station at the commune level shall decide on transferring the file to request the People's Court at the district level to make a decision on applying the measure of sending to a specialized educational facility.

2. The file to request the People's Court at the district level to examine and decide on applying the measure of sending to a specialized educational facility includes:

a) The file as prescribed in Article 3 of this Joint Circular and other provisions of Article 13 of Decree No. 140/2021/NĐ-CP dated December 31, 2021 of the Government on the regime of applying administrative handling measures of sending to a specialized educational facility and compulsory educational facilities;

3. The file proposing the application of measures to send to a reformatory school must be indexed and stored in accordance with the law on archiving.”

Article 5. Preparation of the file to request application of the measure of sending to a compulsory educational facility

1. The preparation of the file to request application of the measure of sending to a compulsory educational facility for the subject as prescribed in Article 94 of the Law on Handling Administrative Violations shall be carried out as follows:

a) For individuals with a stable place of residence, the Head of the Police Station at the commune where they reside shall prepare a dossier to propose the application of compulsory educational measures.

The file to request shall include: a summary of the criminal record; documents about the acts of violating laws committed by that person; educational measures applied at the commune, ward, town level; the statement of the violator or their lawful representative; other related documents;

b) For persons who do not reside in the place where they committed the act of violating laws, the Head of the Police Station at the commune level must verify; if the place of residence is determined, they have the responsibility to transfer that person along with the violation report to the local authority for handling; if the place of residence cannot be determined, the Head of the Police Station at the commune level where the person committed the act of violating laws shall prepare the file to request application of the measure of sending to a compulsory educational facility.

The file to request shall include: the violation report; a summary of the criminal record; documents about the acts of violating laws committed by that person; a copy of previous criminal records; educational measures already applied (if any); the statement of the violator or their lawful representative.

2. In cases where the Head of the Compulsory Drug Rehabilitation Facility prepares the file to request sending to a compulsory educational facility as prescribed in Clause 3, Article 118 of the Law on Handling Administrative Violations, the file shall include: the existing compulsory drug rehabilitation file; the report on new violations; the document from the Head of the Compulsory Drug Rehabilitation Facility sent to the Head of the Police Station at the commune level requesting sending to a compulsory educational facility.

3. In cases where the violator is discovered, investigated, and handled directly by the agency or unit under the provincial police force in cases of law violations but not reaching the level of criminal prosecution and falling within the category of being sent to a compulsory educational facility as prescribed in Article 94 of the Law on Handling Administrative Violations, the agency or unit currently handling the case shall complete the violation file and transfer it to the competent Police Station at the commune level to prepare the file to request application of the measure of sending to a compulsory educational facility for that person.

The file to request shall include: a summary of the criminal record; documents about the acts of violating laws committed by that person; educational measures applied at the commune, ward, town level; the statement of the violator or their lawful representative.

4. The Head of the Compulsory Drug Rehabilitation Facility as prescribed in Clause 2 of this Article, the agency or unit under the provincial police force as prescribed in Clause 3 of this Article, and the Police Station at the commune level preparing the file to request shall bear responsibility for the legality of the requested documents and file. After completing the preparation of the file to request, the Police Station at the commune level shall notify in writing the person proposed to be subjected to the measure or their lawful representative about the preparation of the file. These individuals have the right to read the file and take necessary notes within 03 working days from the date of receipt of the notification.

Article 6. Examination and decision on transferring files to request the People's Court at district level to apply compulsory educational measures

1. In cases where the Head of the Police Station at commune level establishes the file, within 01 working day from the date when the deadline for reading the file as prescribed in Clause 4, Article 5 of this Joint Circular expires, the Head of the Police Station at commune level shall decide on transferring the file to request the People's Court at district level to apply compulsory educational measures.

2. In cases where the Head of the Compulsory Drug Rehabilitation Center establishes the file as prescribed in Clause 2, Article 5 of this Joint Circular, within 01 working day from the date of establishing the record of new administrative violation acts as prescribed in Clause 3, Article 118 of the Law on Handling Administrative Violations, the Head of the Compulsory Drug Rehabilitation Center shall send the file to the Head of the Police Station at commune level where the Compulsory Drug Rehabilitation Center is located.

Within 02 working days from the date of receiving the file, the Head of the Police Station at commune level shall decide on transferring the file to request the People's Court at district level to apply compulsory educational measures. In case the file is incomplete, the Head of the Police Station at commune level shall return the file to the Head of the Compulsory Drug Rehabilitation Center for supplementation; the time limit for supplementing the file is 02 working days from the date of returning the file.

Within 02 working days from the date of receiving the supplemented file, the Head of the Police Station at commune level shall decide on transferring the file to request the People's Court at district level to apply compulsory educational measures.

3. The file to request the People's Court at district level to examine and decide on applying compulsory educational measures includes:

a) The file as prescribed in Article 5 of this Joint Circular and other provisions of Article 27 of Decree No. 140/2021/NĐ-CP;

b) The document from the Head of the Police Station of the commune regarding the request for consideration and application of compulsory educational measures.

Article 7. Establishing the file to request application of compulsory educational measures for drug addicts aged 18 years and over

1. The establishment of the file to request application of compulsory educational measures for drug addicts as prescribed in Article 96 of the Law on Handling Administrative Violations shall be carried out as follows:

a) In cases where the drug addict has a stable place of residence, the Head of the Police Station of the commune where the person resides shall establish a request file for applying compulsory drug rehabilitation measures;

b) In cases where the drug addict does not have a stable place of residence, the Head of the Police Station of the commune where the person committed the violation of the law shall establish a request file for applying compulsory drug rehabilitation measures;

c) In cases where drug addicts are directly discovered, investigated, and handled by agencies or units under the provincial police force in cases of law violations and fall within the category of persons to be placed in compulsory drug rehabilitation centers as prescribed in Article 96 of the Law on Handling Administrative Violations, the agency or unit handling the case or the lawsuit shall complete the violation file and transfer it to the competent Police Station at commune level to establish the file for placing such person in a compulsory drug rehabilitation center according to points a and b of this clause;

d) The file to request as prescribed in points a, b, and c of this clause includes: violation record; summary of personal history; evidence proving the current drug addiction status of that person; statement of the drug addict or their lawful representative and other related documents;

đ) In cases where drug addicts voluntarily come to the Police Station at commune level to report their drug addiction status and submit a voluntary application to enter a compulsory drug rehabilitation center, the file to request includes: voluntary application to enter drug rehabilitation; summary of personal history; evidence proving the current drug addiction status of that person; statement of the drug addict or their lawful representative and other related documents.

Evidence proving the current drug addiction status of that person shall be carried out as follows: If they have a certificate of drug addiction status issued by a competent authority still valid within 06 months from the date of issuance, this certificate shall be used; if they do not have a certificate of drug addiction status or have a certificate issued by a competent authority that has exceeded 06 months from the date of issuance, the Police Station at commune level shall guide them to undergo a drug addiction assessment.

2. Agencies or units under the provincial police force as prescribed in point c, Clause 1 of this Article, and the Police Station at commune level shall bear responsibility for the legality of the documents and the file to request. After completing the establishment of the file to request, the Police Station at commune level shall notify in writing the person subject to the application of compulsory educational measures or their lawful representative about the establishment of the file. These persons have the right to read the file and make necessary notes within 03 working days from the date of receipt of the notification.

Article 8. Examination and decision on transferring files to request the People's Court at the district level to apply measures for compulsory drug rehabilitation centers for individuals aged 18 years and older.

1. Within one working day from the date when the deadline for reviewing the file as stipulated in Clause 2, Article 7 of this Joint Circular expires, the Head of the Police Station at the commune level shall decide on transferring the file to request the People's Court at the district level to apply measures for compulsory drug rehabilitation.

2. The file to request the People's Court at the district level to examine and decide on applying measures for compulsory drug rehabilitation includes:

a) The file as prescribed in Article 7 of this Joint Circular and other provisions of Article 41 of Decree No. 116/2021/NĐ-CP dated December 21, 2021 of the Government detailing certain articles of the Law on Prevention and Control of Drug Abuse and the Law on Handling Administrative Violations regarding drug rehabilitation and post-rehabilitation management.

b) A document from the Head of the Commune-level Police Station proposing the application of compulsory drug rehabilitation measures.

Article 9. Establishing files to request compulsory drug rehabilitation for individuals addicted to drugs aged 12 years and above but under 18 years old.

1. The establishment of files to request compulsory drug rehabilitation for individuals addicted to drugs aged 12 years and above but under 18 years old shall be carried out as follows:

a) The Head of the Police Station at the commune level where the individual resides or where the violation occurred if their place of residence cannot be determined shall establish the file to request compulsory drug rehabilitation.

b) In cases where the individual addicted to drugs is discovered by agencies or units under the Provincial Police and is identified as being within the scope of compulsory drug rehabilitation, the agency or unit handling the case shall conduct verification, collect evidence, and transfer it to the competent Police Station at the commune level as prescribed in point a of this clause to establish the file to request compulsory drug rehabilitation. If the transferred violation materials are incomplete, the Head of the Police Station at the commune level shall request the agency or unit to supplement them; the supplementation period is two working days.

Within two working days from the date of receiving supplementary materials, the Head of the Police Station at the commune level shall complete the file to request the People's Court at the district level to apply measures for compulsory drug rehabilitation.

c) The file to request shall include: A summary of the individual's record; the violation report; evidence proving the individual's drug addiction status; a statement from the individual addicted to drugs or their lawful representative; opinions from the parents, guardians, or lawful representatives.

2. Agencies or units under the Provincial Police as prescribed in point b of Clause 1 of this Article and the Police Station at the commune level establishing the file must bear responsibility for the legality of the materials and the file to request.

Article 10. Examination and decision on transferring files to request the People's Court at the district level to apply measures for compulsory drug rehabilitation for individuals aged 12 years and above but under 18 years old.

1. After completing the establishment of the file to request, the Police Station at the commune level must notify in writing the individual proposed to be subject to compulsory drug rehabilitation measures, their parents, guardians, or lawful representatives about the establishment of the file. These individuals have the right to read the file and provide comments on the establishment of the file within three working days from the date of receipt of the notification.

2. Within three working days from the expiration of the deadline for reading the file, the Police Station at the commune level with authority to establish the file as prescribed in point a of Clause 1 of Article 9 of this Joint Circular shall decide on transferring the file to request the People's Court at the district level to apply measures for compulsory drug rehabilitation.

3. The file to request the People's Court at the district level to examine and decide on applying measures for compulsory drug rehabilitation includes:

a) The file as prescribed in Article 9 of this Joint Circular and other provisions of Article 51 of Decree No. 116/2021/NĐ-CP.

b) A document from the Head of the Police Station at the commune level requesting examination for compulsory drug rehabilitation. The content of the document from the Head of the Police Station at the commune level must include opinions on protecting children's rights.

Article 11. Enforcement of decisions to send to educational centers, decisions to send to compulsory education facilities, and decisions to send to compulsory drug rehabilitation facilities

Within five days from the date of receipt of the decision to send to an educational center, the decision to send to a compulsory education facility, and the decision to send to a compulsory drug rehabilitation facility, the commune police shall organize the enforcement of the decision to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility.

Article 12. Enforcement of decisions compelling compliance with decisions to apply measures for sending to an educational center, sending to a compulsory education facility, and sending to a compulsory drug rehabilitation facility

1. Persons who have been granted a postponement or temporary suspension of compliance with the decision to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility shall be responsible for reporting to the commune police where they reside.

2. The decision compelling compliance with the decision to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility shall be sent to the commune police where the enforcement decision is implemented. Upon receipt of the decision, the commune police must immediately escort the subject.

Article 13. Searching for subjects who have decisions to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility in cases of escape

1. In cases where persons who have decisions to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility escape before being sent to the center or facility, the commune police where the file was established shall initiate a search for the subject.

2. In cases where persons who have decisions to send to an educational center under Clause 1 of Article 132 of the Law on Handling Administrative Violations are at least 18 years old at the time of the search, the commune police where the file was established shall request the People's Court of the district to consider and decide on applying the measure of sending to a compulsory education facility if the conditions for applying such a measure are met.

Article 14. Reporting to the provincial police about the establishment of files requesting the application of measures to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility

Immediately after completing the establishment of files requesting the application of administrative handling measures to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility and the measure to send to a compulsory drug rehabilitation facility for persons aged 12 to under 18, the commune police must report in writing to the provincial police for monitoring.

Article 15. Using forms in the application of administrative handling measures to send to an educational center, compulsory education facility, or compulsory drug rehabilitation facility and the measure to send to a compulsory drug rehabilitation facility for persons aged 12 to under 18

The components of the files prescribed in this Circular shall use the forms issued together with Decree No. 140/2021/NĐ-CP dated December 31, 2021 of the Government on the regime of applying administrative handling measures to send to an educational center and compulsory education facility, and Decree No. 116/2021/NĐ-CP dated December 21, 2021 of the Government detailing certain provisions of the Law on Prevention and Control of Drugs, the Law on Handling Administrative Violations regarding drug rehabilitation and post-rehabilitation management.

Article 16. Transitional Provisions

1. From the date this Circular takes effect, for files requesting the application of administrative handling measures to send to an educational center, compulsory education facility, compulsory drug rehabilitation facility, and the measure to send to a compulsory drug rehabilitation facility for persons aged 12 to under 18 that are currently being processed by the county police or the Department of Labor, Invalids, and Social Affairs but have not yet been transferred to the People's Court of the county, these files shall be handed over to the commune police authorized according to this Circular to continue processing.

2. From the date this Circular takes effect, for files requesting the application of administrative handling measures to send to an educational center, compulsory education facility, compulsory drug rehabilitation facility, and the measure to send to a compulsory drug rehabilitation facility for persons aged 12 to under 18 that are currently being handled by the People's Court of the county and require supplementary files, these files shall be transferred to the agency that established the file to complete the file according to this Circular. If the county police is the agency that established the file, the People's Court shall request the provincial police to assign the commune police to take responsibility for continuing the processing.

3. From the date this Circular takes effect, for files requesting the application of administrative handling measures to send to an educational center, compulsory education facility, compulsory drug rehabilitation facility, and the measure to send to a compulsory drug rehabilitation facility for persons aged 12 to under 18 that are currently being handled by the People's Court of the county but have not yet convened a meeting to examine and decide, the People's Court of the county shall require the commune police that assisted the Chairman of the People's Committee of the commune in establishing the request file to participate when convening the meeting.

Article 17. Effective Date

This Circular takes effect from March 1, 2025.

Article 18. Responsibility for Implementation

The Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court are responsible for directing and organizing the consistent implementation of this Circular.

During the implementation of this Circular, if there are difficulties or issues requiring guidance or supplementation, they should be promptly reported to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance and resolution.