DECREE

REGIME FOR APPLICATION OF ADMINISTRATIVE HANDLING MEASURES FOR COMPULSORY EDUCATION IN THE COMMUNITY

Pursuant to the Law on Government Organization of Vietnam dated June 19, 2015; the Law on amendments to some articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;

Pursuant to Law on handling administrative violations of Vietnam dated June 20, 2012; the Law on amendments and supplements to certain articles of Law on handling administrative violations of Vietnam dated November 13, 2020;

Pursuant to the Law on prevention and control of narcotic substances dated March 30, 2021;

At the request of the Minister of Justice;

The Government promulgates a Decree on regime for application of administrative handling measures for compulsory education in the community .

Chapter I

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Article 1. Scope

This Decree deals with consideration and decision on application of administrative handling measures for compulsory education in the community (hereinafter referred to as “compulsory educational measures in the community"); and consideration and decision to transfer to application of management at home (hereinafter referred to as “management at home”).

Article 2. Regulated entities

1. Persons subject to proposal and application of compulsory educational measures in the community

2. Persons subject to application of management at home

3. Agencies or persons having power to compile proposing dossiers and decide application of compulsory educational measures in the community and management at home.

4. Agencies, organizations or individuals who execute decisions on application of compulsory educational measures in the community and management at home.

5. Relevant organizations, individuals, authorities.

Article 3. Principle of application

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2. Failing to infringe on the health, honor and dignity of the violators.

3. Respecting and protecting the privacy of violators.

4. The persons who have the power to apply compulsory educational measures in the community shall prove administrative violations. Individuals who are considered for application of compulsory educational measures in the community can self-prove or through their legal representatives to be proved that they are not subject to application of compulsory educational measures in the community.

5. Ensuring the participation of agencies, organizations and individuals in the community, schools and family in helping and educating people subject to application of compulsory educational measures in the community.

6. Decision on the time limits for application of compulsory educational measures in the community shall be based on the nature, level, consequences of the violations, the personal identifications of the violators and the extenuating as well as aggravating circumstances;

7. The compulsory educational measures in the community shall be applied to minors in necessary cases in order to educate and help them to correct their mistakes, develop healthily and become useful citizens of society.

The compulsory educational measures in the community shall be applied to minors specified in Points c, d and dd Clause 2 Article 5 of this Decree if the conditions for application of management at home are not satisfied. The application of management at home shall not be considered as having been handled administrative violations.

8. During the process of consideration, decision on application of compulsory educational measures in the community to minors, the persons having the power to impose administrative penalties shall ensure the best benefits for such minors.

Article 4. Extenuating and aggravating circumstances;

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2. In case of application of compulsory educational measures in the community, the aggravating circumstances specified in Points a, c, dd, e, g, k and m Clause 1 Article 10 of the Law on penalties for administrative violations shall be applied.

Article 5. Persons, statute of limitations, time limit of application of compulsory educational measures in the community

1. The compulsory educational measures in the community shall be applied to persons specified in Article 90 of Law on handling administrative violations.

The compulsory educational measures in the community shall not be applied to foreigners.

2. Persons and statute of limitations for application of compulsory educational measures in the community

a) In case of persons aged between full 12 and under 14 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code, the statute of limitations shall be 01 year from the date of committing violations

b) In case of persons aged between full 14 and under 16 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code, the statute of limitations shall be 06 months from the date of committing violations

c) In case of persons aged between full 14 and under 16 who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts of causing public disorder, property theft, gambling, fraud or illegal racing, the statute of limitations shall be 06 months from the last time of committing one of the violations.

d) In case of persons aged between full 16 and under 18 who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for one of the acts, such as offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing, which are not treated as crimes, the statute of limitations shall be 06 months from the last time of committing one of the violations.

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e) In case of persons aged 18 or older who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for one of the acts, such as offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing; mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers, which are not treated as crimes, the statute of limitations shall be 06 months from the last time of committing one of the violations

3. The time limit of application of compulsory educational measures in the community shall be from 03 – 06 months.

Article 6. Conditions for application of management at home

1. The persons specified in Points c and c Clause 2 Article 5 and persons aged between full 14 and under 18 who illegally use narcotic substances specified in Point d, Clause 2 Article of this Decree shall be subject to consideration and application of management at home if the following conditions are satisfied:

a) The person shall voluntarily report their violations, honestly repent their mistakes;

b) The minor’s family shall have stable income, places for the minor to live together with (his/her parents or guardian(s)), conditions for cooperation with relevant individuals, agencies and organizations in the education and management of the minor;

c) The minor’s parents or guardian (s) shall have good personal identifications and voluntarily accept responsibility for management of the minor at home; have time to educate, manage, motivate, encourage and create conditions for the minor to participate in programs for study or vocational training; appropriate programs for counseling and development of life skills that are organized in local area;

d) Having written commitments of the minors' parents or guardian(s)

2. The time limit of application of management at home shall be from 03 – 06 months.

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1. Persons who have the power to decide application of compulsory educational measures in the community specified in Clause 1 Article 105 of Law on handling administrative violations:

a) President of the People's Committee of commune, ward or district town (hereinafter referred to as “the People's Committee of commune”) where the violator resides;

b) President of the People's Committee of commune where the headquarter of the social relief establishment which receives violators being minors without stable residence is located;

c) President of the People's Committee of commune where the illegal use of narcotic substances in the last time of the violator aged 18 or older without stable residence is detected.

2. The person having the power to decide application of management at home specified in Clause 2 Article 140 of Law on handling administrative violations shall be the President of the People's Committee of commune where the violator being minor resides.

3. The person assigned to lead or take charge of the People's Committee of commune according to regulations on Decree No. 157/2007/ND-CP dated October 27, 2007 of the Government defining the liability regime applicable to heads of state agencies, organizations and units in performing tasks and public duties shall have power to apply compulsory educational measures in the community and management at home as the President of People's Committee of commune.

Article 8. Cancellation, issuance of new decision on application of compulsory educational measures in the community

1. The person who has issued decision on application of compulsory educational measures in the community shall self-issue or issue decision on cancellation of all contents according to the request of the persons specified in Clause 3, Article 18 of the Law on Handling of Administrative Violations if it falls into one of the following cases:

a) The decision is issued against a wrong person;

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c) Commission of violations against regulations on procedures for issuance of decision;

d) Cases specified in Clause 1 Article 12 of the Law on penalties for administrative violations;

dd) Determination of violations against regulations of Clause 6 Article 12 of the Law on penalties for administrative violations;

e) Cases specified in Clause 10 Article 12 of the Law on penalties for administrative violations;

g) Cases specified in Clause 2 Article 116 of the Law on penalties for administrative violations;

h) Cases specified in Clause 2 Article 40 of this Decree.

2. With regard to cases specified in Points a, b, c, d, dd and e Clause 1 of this Article, if there is basic for issuance of a new decision on application of compulsory educational measures in the community, the person who has issued the previous decision must issue a new decision or transfer to a competent person to issue a new decision.

Article 9. Correction, revision, supplement, partial cancellation of decision on application of compulsory educational measures in the community

1. The person who has issued decision on application of compulsory educational measures in the community by himself/herself or on request of persons prescribed in Clause 3 Article 18 of the Law on Handling of Administrative Violations shall be responsible for correction of his/her decision on compulsory educational measures in the community upon having errors in drafting techniques

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3. The decision on partial correction, revision, supplement, cancellation of decision on application of compulsory educational measures in the community shall be kept into the documents on application of compulsory educational measures in the community or management at home.

Article 10. Correction, revision, supplement, cancellation, issuance of new decision on application of compulsory educational measures in the community

1. The decision on application of compulsory educational measures in the community shall be corrected, revised, supplemented, cancelled within the time limit, the statute of limitations for application

2. The new decision on application of compulsory educational measures in the community shall be issued according to regulations of Clause 2 Article of this Decree within the statute of limitations for application

3. The decision on correction, revision, supplement, cancellation and the new decision on application of compulsory educational measures in the community take effect from the date of signing.

4. If the decision on correction, supplement and the new decision stipulate the time limit for application of compulsory educational measures in the community and management at home which is less than the time specified in the previous decision that the violator enforced, the violator may terminate his/her enforcement of measures and be considered that he/she completely execute education in his/her commune, ward, district town and management at home.

If the decision on correction, supplement and the new decision stipulate the time limit for application of compulsory educational measures in the community and management at home which is longer than the time specified in the previous decision that the violator enforced, the violator shall continue to execute the remaining time after subtracting the enforced time.

Article 11. Period after which an offender is treated as if he/she was never subject to compulsory educational measures in the community

1. Within 2 years from the date of completion of execution of the decision or 01 year from the date of expiration of the statute of limitations for enforcement of the decision, if the individuals subject to application of compulsory educational measures in the community fail to repeat their violations, such individuals will be treated as if he/she was never subject to compulsory educational measures in the community.

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Article 12. Funding for implementation of compulsory educational measures in the community

1. The State provides the funding for activities throughout the process of application of compulsory educational measures in the community, including:

a) Verification, collection of documents and compilation of dossier proposing to apply compulsory educational measures in the community ;

b) Drug test and identification of addiction;

c) Organization of consulting meetings;

d) Transfer of subjects to residence or to social relief establishment.

dd) Management of persons aged 18 or older who illegally use narcotic substances without stable residence;

e) Education and management of minors at the social relief establishments;

g) Assistance for persons assigned to help the persons subject to education (hereinafter referred to as “the educated persons”;

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i) Other necessary expenses.

2. The funding specified in Clause 1 of this Article shall be secured by the local budget and other funding sources (if any).

3. The funding for assistance for a person assigned to help the educated person shall be at least 360.000 VND/month;

Chapter II

PROCEDURES FOR COMPILATION OF DOSSIERS, CONSIDERATION, DECISION ON APPLICATION OF COMPULSORY EDUCATIONAL MEASURES IN THE COMMUNITY AND MANAGEMENT AT HOME

Article 13. Request for compilation of dossiers proposing to apply compulsory educational measures in the community

1. The dossiers proposing to apply compulsory educational measures in the community to persons specified in points c, d, dd and e Clause 2 Article 5 of this Decree shall be compiled by the commune-level police chiefs or at the request of the following persons:

a) Commune-level Fatherland Front Committee presidents; heads of socio-political organizations at grassroots level;

b) Representatives of the leaders of the agencies, organizations or units where the violators are working or studying;

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2. The request for compilation of dossiers proposing to apply compulsory educational measures in the community shall be made in writing and sent to the commune-level police chiefs. The requester shall be responsible for the information of the written request specified in Clause 3 of this Article.

3. The contents of the written request shall clearly state the location, date, month and year; full name and name of the agency or organization of the requester; full name, date, month, year of birth, residence and personal identification of the violator; violations, place of commission of violations, reasons for request, relevant documents (if any); signature of the requester.

4. Consideration, compilation of dossiers proposing to apply compulsory educational measures in the community :

a) Within a maximum of 03 working days from the date of receipt of the written request, the commune-level police chief shall be responsible for inspection of information about violations and the personal identification of the violator.

If the proposed person is a minor, it is required to consult the social-cultural official who is in charge of monitoring labor, war-invalids and social affairs, commune-level child protection official, social collaborator or child protection collaborator (if any) and representative of residential unit at grassroots level about the characteristics and family circumstances of the minor;

b) The commune-level police chief shall refuse the request for compilation of the dossier if the proposed persons in the written request are not the persons specified at Points c, d, dd and e, Clause 2, Article 5 of this Decree or the matter is in the process of conciliation or successfully conciliated in accordance with the law on grassroots conciliation.

In case of refusal of request for compilation of the dossier, the commune-level police chief shall immediately notify in writing the requester after expiration of the time limit for inspection of information about violations and the personal identification of the violator specified in Point a of this Clause;

c) In case of agreement on request for compilation of the dossier, the commune-level police chief shall compile the dossier proposing to apply compulsory educational measures in the community and notify in writing the requester of agreement on compilation of the dossier.

5. With regard to the violator who is a minor, if the conditions for application of management at home are satisfied, the commune-level police chief shall compile the dossier proposing the President of the People's Committee at the same level to consider and decide application of management at home.

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1. The police chiefs of communes where the persons specified in Points c, d, dd and e Clause 2 Article 5 of this Decree reside shall compile dossiers proposing to apply compulsory educational measures in the community .

2. The police chiefs of communes where the persons specified in Points c, d, dd and e Clause 2 Article 5 of this Decree commit violations shall compile dossiers proposing to apply compulsory educational measures in the community .

3. The police agencies of districts or provinces that are handling the cases according to regulations of Clause 2, Article 97 of the Law on Handling of administrative violations shall compile dossiers proposing to apply compulsory educational measures in the community for the persons specified in Clause 2, Article 5 of this Decree.

Article 15. Collection of information, documents for the purpose of compilation of dossiers proposing to apply compulsory educational measures in the community

1. The information, documents for the purpose of compilation of dossiers proposing to apply compulsory educational measures in the community shall contain:

a) Violations;

b) Identification of age;

c) Verification of residence;

d) Result of drug test or identification of addiction for case specified in Point dd Clause 2 Article 5 of this Decree;

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2. With respect to a minor, in addition to information, documents specified in Clause 1 of this Article, the commune-level police chief shall:

a) Collect more information about family, friendship and circumstances that result in violations;

b) Collect feedback from the school, agency or organization where the minor is studying or working (if any);

c) Collect feedback from the minor's father, mother or guardian, except for the case that the minor is transferred to the social relief establishment.

3. The person having the power to compile the dossier shall be responsible for collection of information and documents specified in Clauses 1 and 2 of this Article. The collected information shall be in writing.

4. The justicial - civil status officials, cultural and social officials who are in charge of monitoring labor - invalids and social affairs, commune-level child protection workers, social collaborators, child protection collaborators (if any), the minor’s parents or guardians, schools, relevant agencies and organizations shall be responsible for providing information, documents or giving written opinions at the request of the police agencies within 02 working days from the date of receipt of the request.

Article 16. Identification of age of person subject to application of compulsory educational measures in the community

The person having the power to compile the proposing dossier shall identify the age of person subject to application of compulsory educational measures in the community according to regulations of the law on civil status. The identification of age of person subject to application of compulsory educational measures in the community shall be made in writing.

Article 17. Verification of residence and transfer of dossiers proposing to apply compulsory educational measures in the community

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With regard to mountainous areas, islands, remote and isolated areas which are difficult for going, the time limit for verification of the residence may be prolonged but must not exceed 10 days from the date of processing the dossiers.

2. Persons with stable residence:

a) Persons who are living in their permanent residence or temporary residence;

b) In case of failure to identify the permanent or temporary residence, the stable residence is the current residence of the persons defined in accordance with regulations of Clause 1, Article 19 of the Law on Residence and regularly living from 30 days or more with certification of the commune-level police chiefs.

3. Persons without stable residence:

a) Persons who have registered their place of residence as their permanent or temporary residence but fail to reside in such place with certification of the police chiefs of communes where they register their place of residence as their permanent or temporary residence without knowing where the persons reside;

b) The family members, according to regulations of the law on marriage and family, provide information about them to the authorities and claim that they do not know where the persons are currently residing, and the police agencies that search the stored information in accordance with the law but fail to know where the persons are residing;

c) Persons who fail to register their place of residence as their permanent or temporary residence with the time for residence at each stable residence that is less than 30 days.

4. k) The identification of the residence shall comply with regulations of the law on residence.

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6. Within 3 working days from the date of verification of the residence and completion of the proposing dossiers, in case of persons who fail to reside in the local area where they commit violations, the persons who have the power to compile the dossiers shall process as follows:

a) The police chiefs of communes who have compiled the dossiers for the persons specified in Points c, d, dd and e Clause 2 Article 5 of this Decree shall transfer the dossiers to the Presidents of the commune-level People's Committees where the violators reside to consider and decide application of compulsory educational measures in the community;

b) The police agencies of districts or provinces that have compiled the dossiers for the persons specified in Clause 2 Article 5 of this Decree shall transfer the dossiers to the Presidents of the commune-level People's Committees where the violators reside to consider and decide application of compulsory educational measures in the community;

7. Within 03 working days from the date of verification of the residence and completion of the proposing dossiers, if the persons who fail to have stable residence are the minors or the persons aged 18 or older specified in Point dd Clause 2 Article 5 of this Decree without verification of the residence, the persons who have the power to compile the dossiers shall process as follows:

a) In case of minor, the police chief of commune where the minor commits violations, the police agency of district or province handling the cases shall transfer the minor and a copy of the dossier to social relief establishment according to the list prescribed by the People's Committee of province; at the same time, transfer the dossier to the President of the People's Committee of commune where the headquarter of social protection establishment is located for consideration and decision on application of compulsory educational measures in the community;

b) In case of person who is aged 18 or older, the police chief of commune where the minor commits violations, the police agency of district or province handling the cases shall transfer the minor and a copy of the dossier to the President of the People's Committee of commune where the illegal use of narcotic substances in the last time of the person is detected for consideration and decision on application of compulsory educational measures in the community;

Article 18. Drug test and identification of addiction;

1. The following persons shall be subject to drug test or identification of addiction according to regulations of the Law on prevention and control of narcotic substances:

a) Persons specified in Point dd Clause 2 Article 5 of this Decree;

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2. In case of person specified at Point a, Clause 1 of this Article whose body tests positive for the narcotic substance, the competent person or the person who requests the drug test for the violator shall send immediately the result to the commune-level police chief where the violator resides or the commune-level police chief where the violator commits violations in order to consider and compile the dossier proposing to apply compulsory educational measures in the community .

3. If a person specified at Point a, Clause 1 of this Article is a drug addict, the detoxification according to regulations of the Law on prevention and control of narcotic substances shall be applied.

4. If the person specified at Point b, Clause 1 of this Article is determined to be a drug addict, the competent person shall handle according to regulations of Clause 2 Article 41 of this Decree.

Article 19. Dossiers proposing to apply compulsory educational measures in the community

1. Written request for compilation of the proposing dossiers.

2. Curriculum vitae of the violator.

3. Documents specified in Clauses 1 and 2 Article 15 of this Decree.

4. Medical record (if any)

5. Statement of violator

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6. Other relevant documents (if any).

Article 20. Processing of dossiers proposing to apply compulsory educational measures in the community transferred from other places

Within 07 working days from the date of receipt of the dossiers proposing to apply compulsory educational measures in the community according to regulations of Clauses 5,6 and 7 Article 17 of this Decree, the Presidents of the People's Committee of communes shall send the dossiers to the commune-level police chiefs in order to inspect and add information and documents according to regulations of Article 15 of this Decree.

The time limit for inspection and addition of information and documents shall be 03 working days from the date of receipt of the dossiers.

Article 21. Sending dossiers and notifying compilation of dossiers proposing to apply compulsory educational measures in the community

1. After completion the dossiers, the persons having the power to compile the dossiers proposing to apply compulsory educational measures in the community shall immediately notify in writing the compilation of the dossiers to the persons subject to application of compulsory educational measures in the community or the minors' parents or guardians.

The persons having the power to compile the proposing dossiers shall be responsible for the legality of dossiers proposing to apply compulsory educational measures in the community .

2. A written notification of compilation of the dossier proposing to apply compulsory educational measures in the community shall contain the following basic contents:

a) Full name of violator;

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c) Right to read and record necessary contents in the dossier of the notified recipient; location, time limit for reading and record;

d) Right to express opinions on the proposing dossier at the consulting meeting.

3. The reading, record of necessary contents of the dossiers proposing to apply compulsory educational measures in the community shall comply with regulations of Clause 4 Article 97 of Law on handling administrative violations:

4. Within 01 working day after the expiration of the time limit for reading and record of necessary contents specified in Clause 3 of this Article, according to each case, the person having the power to compile the dossier proposing to apply compulsory educational measures in the community shall send the dossier to one of the following entities:

a) President of the People's Committee of commune where the person resides;

b) President of the People's Committee of commune where the headquarter of the social relief establishment for those who do not have stable residences is located;

c) President of the People's Committee of commune where the illegal use of narcotic substances in the last time of the violator aged 18 or older without stable residence is detected.

Article 22. Consulting meeting about consideration, decision on application of compulsory educational measures in the community

1. Within 07 working days from the date of receipt of the dossiers proposing to apply compulsory educational measures in the community, the President of the People's Committee of commune shall organize and take charge of the consulting meeting to consider and decide application of compulsory educational measures in the community.

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a) President of the People's Committee of commune:

b) Commune-level police chief;

c) Justicial - civil status official;

d) Representatives of Fatherland Front Committee, some relevant socio-political organizations, social organizations at the same level, residents at grassroots level;

dd) If the person subject to application of compulsory educational measures in the community is a minor, in addition to persons specified in Points a, b, c and d of this Clause, the social-cultural official, social collaborator or child protection collaborator (if any), school representative (if any) shall attend the meeting. With respect to the minor without a stable residence who is residing at a social relief establishment, in addition to such persons, the representative of such establishment shall be present at the meeting;

e) If necessary, the representative of the conciliation team or the police agency which has transferred the dossier proposing to apply compulsory educational measures in the community shall be present at the meeting.

3. People who are invited to the consultating meeting:

a) Person subject to application of compulsory educational measures in the community ;

b) Minor’s parents or guardians;

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d) Legal representative who is responsible for protection of the rights and interests of the person (if any).

4. The invitation of the persons specified in Clause 3 of this Article to participate in the meeting shall be made in writing. Such written invitation shall be sent at least 03 working days before the meeting.

5. The participants of the meeting specified in Clause 3 of this Article shall be entitled to express their opinions at the meeting.

If the person subject to application of compulsory educational measures in the community fails to attend the meeting, he/she may give his/her opinions in writing.

6. If the minor’s parents or guardians cannot attend the meeting with reasonable reasons, the consulting meeting about consideration and decision on application of compulsory educational measures in the community shall be postponed.

The consulting meeting shall be postponed at most twice. Each postponement shall not exceed 02 working days. The postponement time shall not be counted in the time for consideration and decision on application of compulsory educational measures in the community

If the minor’s parents or guardians cannot attend the meeting after the above postponement time due to failure to be present at the local area, health condition or other reasonable reasons, they must appoint a representative to attend the meeting.

7. The consulting meeting about consideration, decision on application of compulsory educational measures in the community shall be held in one of the following cases:

a) The person subject to application of compulsory educational measures in the community ; the parents or guardians of minor subject to application of compulsory educational measures in the community deliberately evade attending the meeting

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c) The parents or guardians of the minor subject to application of compulsory educational measures in the community cannot attend the meeting with reasonable reasons which has been postponed according to regulations of Clause 6 of this Article.

8. The consulting meeting about consideration, decision on application of compulsory educational measures in the community shall only be held if at least 2/3 of the members specified in Clause 2 of this Article attend the meeting.

9. Order and contents of the consulting meeting:

a) The representative of the commune-level police chief shall state violation(s) of the person subject to application of compulsory educational measures in the community , verification results, collected evidence, extenuating as well as aggravating circumstances, measures for conciliation, help and education that have been applied to the person (if any);

b) The person subject to application of compulsory educational measures in the community shall state the reasons for committing violations, his/her perception of the violations and the plan for correction to defects; show relevant evidence.

If the person is absent and gives his/her opinions in writing, his/her opinions must be read at the meeting;

c) The minor’s parents, guardian(s) or their legal representative shall present personal identification, family circumstance, reasons for committing violations, responsibilities for education and management of the minor at home;

d) The victim shall express his/her opinions about the damage;

dd) The social-cultural official, social collaborator or child protection collaborator (if any), school representative (if any) shall express their opinions about personal identification of the person subject to education, family circumstance, implement appropriate measures for education and support;

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10. The contents of the meeting shall be recorded in minutes and kept in the file.

Article 23. Completion and submission of dossiers to the President of the People's Committee of commune

1. According to the minutes of the meeting, the commune-level police chief shall complete the dossier and submit it to the President of the People's Committee at the same level right after the consulting meeting for consideration and decision on application of compulsory educational measures in the community.

2. A dossier submitted to the President of the commune-level People's Committee for decision on application or non-application of compulsory educational measures in the community shall contain:

a) Summary report on the contents of the meeting. In which, the contents shall include proposal for application or non-application of compulsory educational measures in the community; reasons for proposal; different opinions of members of the meeting (if any).

In case of request for application of compulsory educational measures in the community, in addition to the above contents, the summary report shall propose the time limit for application, the agencies or organizations assigned to educate and manage the person;

b) Dossier proposing to apply compulsory educational measures in the community specified in Article 19 of this Decree;

c) Minutes of the consulting meeting;

d) Other relevant documents (if any).

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1. The management at home shall be applied in the following stages:

a) Consideration for request for compilation of dossiers proposing to apply compulsory educational measures in the community :

b) Collection of information, documents for the purpose of compilation of dossiers proposing to apply compulsory educational measures in the community ;

c) Processing of dossiers proposing to apply compulsory educational measures in the community transferred from other places;

d) After the consulting meeting about consideration, decision on application of compulsory educational measures in the community .

2. The minor’s parents or guardian(s) shall make a commitment with the following contents:

a) Ensure the conditions specified in Points b and c Clause 1 Article 6 of this Decree;

b) Closely cooperate with organizations and individuals assigned to supervise in education and management of the minor;

c) Report at the request of the President of the commune-level People's Committee on management of the minor;

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3. A dossier proposing to apply management at home shall contain:

a) A written request of the person having the power to compile the proposing dossier. In which, the information about personal identification of the minor; proposal for application of management at home; reasons for application; the proposed time limit for application and the name of the organization or individual that cooperates with the family in supervising the minor shall be stated clearly;

b) Dossier of the minor committing violations according to regulations of Article 19 of this Decree;

c) Written commitment of the minors' parents or guardians

d) Other relevant documents (if any).

Article 25. Issuance of decision of application of compulsory educational measures in the community and management at home.

1. Within 03 working days from the date of receipt of dossiers proposing to apply management at home, the commune-level police chief or the President of the People's Committee of commune shall consider and decide:

a) Application of management at home;

b) Retransfer to compile dossiers proposing to apply compulsory educational measures in the community in case of disagreement with the request of the police chief at the same level within the period specified at Points a, b and c, Clause 1 of Article 24 of this Decree.

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a) Application of compulsory educational measures in the community ;

b) Non-application of compulsory educational measures in the community ;

c) Application of management at home to the minor.

Article 26. Decision and statute of limitations for execution of decision on application of compulsory educational measures in the community

1. A decision on application of compulsory educational measures in the community shall contain the following contents:

a) Date of decision;

b) Full name, position of person who makes decision;

c) Full name, date of birth, address of the educated person;

d) Violations, clauses, articles of applicable legal documents;

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In case of minor subject to education, his/her parents or guardian (s) shall cooperate in education and management.

In case of minor subject to education without stable residence, the social relief establishment shall educate and manage.

If the educated person is a person aged 18 or older who illegally uses narcotic substances without stable residence, the commune-level police or another appropriate agency or organization in local area shall educate and manage;

e) Time limit for application; date of execution;

g) Right to complain about, initiate lawsuit as prescribed per the law;

2. Decision on application of compulsory educational measures in the community takes effect from the date of signing

Within 02 working days from the date of signing, the decision shall be sent to the educated person, his/her family, the agency or organization assigned to educate, manage, the Standing Committee of the commune-level People's Council and relevant agencies and organizations.

3. The statute of limitations for execution of decision on application of compulsory educational measures in the community shall comply with regulations of Article 108 of Law on handling administrative violations.

Article 27. Decision on non-application of compulsory educational measures in the community

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a) Date of decision;

b) Full name, position of person who makes decision;

c) Full name, date of birth, address of person subject to application of compulsory educational measures in the community ;

d) Violations, clauses, articles of applicable legal documents;

dd) Reasons for non-application of compulsory educational measures in the community ;

2. Decision on non-application of compulsory educational measures in the community takes effect from the date of signing

3. Within 03 working days from the effective date, the decision shall be sent to person who is not subject to compulsory educational measures in the community and relevant organizations or individuals

With respect to the minor who is residing at a social relief establishment, the decision shall be sent to such establishment and the agency that has sent the dossier.

Article 28. Decision on application of management at home

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a) Date of decisions;

b) Full name, position of person who makes decision;

c) Full name, date of birth, address of minor;

d) Reasons for application;

dd) Full name, address of the minor's parents or guardian(s)

e) Time limit for application; date of execution;

g) Name of agency or individual that cooperates in supervision;

h) Responsibility of the minor in case he/she continues to violate the law;

i) Right to complain about, initiate lawsuit as prescribed per the law;

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3. Within 03 working days from the effective date, the decision shall be sent to the minor’s parents or guardian(s) and the agency or individual that cooperates in supervision of the minor.

Chapter III

EXECUTION OF DECISION ON APPLICATION OF COMPULSORY EDUCATIONAL MEASURES IN THE COMMUNITY AND MANAGEMENT AT HOME

Section 1. EXECUTION OF DECISION ON APPLICATION OF COMPULSORY EDUCATIONAL MEASURES IN THE COMMUNITY

Article 29. Assigning people to directly help the educated person

1. Principles of assignment:

a) A person assigned to help the educated person who is a social collaborator, a children protection collaborator or a reputable person in the family, community or a person who has experience in education and management of the minor in the social relief establishment shall have conditions, experience, capacity to educate, help the educated person;

b) A person may be assigned to educate, manage or help many people but not more than 03 people at the same time.

If the person assigned to help does not have the conditions for help or fails to fulfill the assigned responsibilities, the organization that is responsible for education and management shall promptly assign another person and notify in writing the President of the commune-level People's Committee.

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Article 30. Plan for education, help, management of the educated person

1. Within 05 working days from the date of receipt of the decision on assigning a person to directly educate, manage and help the educated person, according to the time limit for application of education, the assigned person shall make a plan for education, help and management of the person.

2. A plan for education, help, management of the educated person shall contain the following contents:

a) Contents and forms of education;

b) Specific measures for supervision, guidance, help, monitoring of the educated person, time of implementation, cooperation between the person's family and relevant organization, individual;

c) Contents of cooperation with relevant social organizations and agencies in the local area in case of minor residing in social relief establishment;

d) Opinions of the head of the organization that is responsible for education and management about the plan for education, management and help.

3. The plan for education, help and management shall be sent to the educated person, the minor’s parents or guardian (s), relevant agencies, organizations or individuals for implementation and the commune-level People's Committee to keep record of the execution of compulsory educational measures in the community.

Article 31. Contents and forms of education

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a) Disseminate information and educate in the law on the rights and obligations of citizens, the regulations of the law on violations of the educated persons.

Disseminate information and educate the persons who illegal use narcotic substances on the law on prevention and control of narcotic substances, the harmful effects of narcotic substances on health, family and community

b) Educate in life skills, support the educated persons in general education, vocational guidance, vocational training, job search;

c) Assist the educated persons to participate in public activities in the community with appropriate forms;

d) Educate about the good tradition of the country;

d) Other measures for protection, support according to regulations for the purpose of improvement and rehabilitation.

2. Compulsory educational measures in the community shall be conducted in the following forms:

a) Directly meet the educated person and his/her family

b) Encourage the educated persons to participate in classes on life skills, vocational guidance, vocational training, job search;

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d) Notify in writing the educated person and his/her family of measures for education and management;

dd) Request the educated person to make a commitment to strictly implement measures for education and management;

e) Hold a meeting for the purpose of comment (hereinafter referred to as “the comment meeting”) in residential areas at the grassroots if necessary.

Failing to hold the comment meeting in case the educated person is a minor.

Article 32. Commitment of the educated person

1. The educated person shall send a written commitment to the observance of the decision on application of compulsory educational measures in the community to the agency or organization that is responsible for education and management and strictly implement his/her commitment.

2. Contents of commitment:

a) Comply with law and strictly correct to mistakes

b) Well perform the obligation to study and practice;

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d) Participate in public activities in the community with appropriate forms;

dd) Participate in appropriate programs for counseling and development of life skills that are organized in the local area;

e) Be present at the request;

g) Comply with regulations on absence from the residence

3. If the educated person is illiterate or unable to write the commitment, he/she can ask someone else to write the commitment. The person shall press his/her finger-print in each page of the commitment.

4. The commitment of the minor shall have opinions of the minor’s parents or guardians’;

Article 33. Responsibilities of organizations that implement plans for education, help, management of the educated persons

1. The commune-level People's Committees, agencies, organizations and persons assigned to help the educated persons shall be responsible for cooperation with residential units at grassroots level and their families in monitoring, managing and supervising the implementation of the contents of plans for education, help, management of the educated persons;

2. The relevant social agencies and organizations at the local area shall be responsible for cooperation with social relief establishments in education and management of the educated persons.

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a) Request the educated persons to be present at the competent authorities;

b) Request the educated persons to report to the persons assigned to help them on their learning, working, training, progress and the results of correction of mistakes;

c) Organize drug test for persons who illegal use narcotic substances according to regulations of the law on prevention and control of narcotic substances;

d) Identify addiction according to regulations of the law on prevention and control of narcotic substances:

4. The persons assigned to help the educated persons shall fill the progress of the educated persons in the monitoring books to report to the organizations that are responsible for education and management.

5. The organizations which are responsible for education and management shall monthly report the results of monitoring, education and management of the educated persons to the People's Committees of communes that issue the decision on application of compulsory educational measures in the community.

Article 34. Implementation of plans for education, help, management of the educated persons

1. The plans for education, help, management of the educated persons who are minors shall be implemented as follows:

a) In case of persons who are studying at schools or educational institutions, the persons assigned to help them and the schools shall cooperate with the family of minors in encouraging and helping them with studying and training;

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2. During the period of execution of compulsory educational measures in the community, if the educated person fails to make progress, violates commitment and has been reminded many times by the person assigned to help him/her without correction to mistakes, the organization responsible for education and management shall report to the President of the commune-level People's Committee to hold a meeting at the local area in order to give suggestions to the educated person, except for cases specified in Clause 6 of this Article.

3. Participants:

a) Representative of the leader of the People's Committee of commune:

b) Commune-level police chief;

dd) Person assigned to help the educated person and representative of agency or organization responsible for education and management;

d) Representatives of Commune-level Fatherland Front Committee and residential unit grassroots level;

d) Educated person and his/her family.

4. Order and contents of the comment meeting:

a) The person assigned to help the educated person shall report on the process of education, management and violations of the educated person throughout the period of management; propose supplement or change to appropriate measures for education, management and help

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c) According to the report of the person assigned to help the educated person and the presentation of the educated person, the members participating in the meeting shall analyze, comment on mistakes of the educated person and help him or her to correct and make progress;

d) Discuss and give measures for education to the educated person;

d) The contents of the meeting shall be recorded in minutes, kept in the file, sent to the educated person and his/her family.

5. Postponement and handling of the comment meeting in case of failure to organize:

a) Postpone the comment meeting if the educated person fails to attend the meeting with reasonable reasons.

The comment meeting shall be postponed at most twice. Each postponement shall not exceed 03 working days;

b) The comment meeting shall not be held if it has been postponed twice as prescribed in Point a of this Clause or the educated person deliberately evades.

In this case, the person assigned to directly educate, manage and help the educated person shall make a report on the process of education, management and violations committed by the educated person in order to propose solutions or adjust the plan and report to the President of the commune-level People's Committee for decision. The adjustment to the plan shall be notified to the educated person and his/her family.

6. During the period of execution of compulsory educational measures in the community, if the educated person fails to make progress and continues to commit violations, he/she shall be considered and sanctioned according to the regulations of Article 41 of the Decree or other relevant laws.

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1. Rights:

a) Meet the educated person, the minor's parents or guardian (s) and relevant individuals to encourage, understand the thoughts, aspirations and difficulties of the educated person to find methods for helping;

b) Request the educated person to make a report as prescribed at Point b, Clause 3, Article 33 of this Decree;

c) Suggest creation of favorable conditions for education and management of the educated person to the organization responsible for education and management, the commune-level People's Committee;

d) Request competent agencies and organizations to create conditions for participation in studying, job search of the education persons and stabilization of their lives;

dd) Participate in courses on training in skills, knowledge and experience in help and education of the educated persons;

e) Receive support funding.

2. Obligations:

a) Formulate and organize the implementation of the plans for education, help, management of the educated persons;

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Closely cooperate with the minors’ families, schools, the Ho Chi Minh Communist Youth Union or the Ho Chi Minh Young Pioneers' Organization in creating conditions for participation in clubs, cultural activities, art activities, labor activities, physical training, sports activities and other healthy entertainment activities or the educated minors;

c) Help and encourage the educated persons; support and introduce the appropriate programs for counseling and development of life skills that are organized in the local area to the educated persons to participate; support for access to legal aid services as prescribed;

d) Guide the exercise of rights and obligations of the educated persons;

dd) Request the commune-level People's Committees and competent agencies and organizations to create conditions for studying and job search;

e) Fill in monitoring book and monthly report to the organizations responsible for education and management;

g) Report implementation of the decision on application of compulsory educational measures in the community to the Presidents of the commune-level People's Committees.

Article 36. Rights and obligations of the educated persons throughout the period of execution of compulsory educational measures in the community

1. Rights:

a) Work, study and reside at the place of residence; receive guidance on implementation of the procedures for permanent residence registration, temporary residence registration, temporary absence declaration;

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c) Participate in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area;

d) Express their wishes and recommendations with the Presidents of the commune-level People's Committees, the commune-level police chiefs, social organizations, schools and persons assigned to help them;

dd) Be absent at the place of residence or change the place of residence as prescribed;

e) Complain about, initiate lawsuit for decisions on application of compulsory educational measures in the community and other administrative acts throughout the process of execution of the decision.

2. Obligations:

a) Abide by the policies and laws of the State;

b) Actively participate in working and studying; fulfill the citizen obligations; comply with internal rules and regulations of the local authorities at local areas where they reside;

c) Be subject to the education and management of agencies and social organizations and persons assigned to help them. The educated minors also are subject to education and management of their families and schools;

d) Strictly follow the committed contents;

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e) Notify and report on reasons and time of absence from the residence and the place where the educated persons come to stay in case of being absent from the place of residence as prescribed.

Article 37. Responsibilities of social relief establishments

1. Receive minors without stable residence throughout the time of making the proposing dossiers and after issuance of the decision on application of compulsory educational measures in the community .

2. Appoint a representative to participate in the consulting meeting about consideration, decision on application of compulsory educational measures in the community .

3. Assign officials to directly help the minors subject to education.

4. Create conditions for studying, participation in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area of the minors;

5. Cooperate with relevant agencies, organization in the community in education and management of minors.

6. Manage the minors without stable residence in accordance with the actual situation of the establishment.

Article 38. Absence of the educated persons from their residence and social relief establishments.

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2. The period of absence from the residence or social relief establishments shall be counted into the time limit for execution of compulsory educational measures in the community. However, the total time of absence must not exceed 1/3 of the time limit for application of education, except for cases that the educated persons are sick and subject to treatment at medical establishments according to the direction of doctors. In these cases, the educated persons shall have confirmations of treatment from the medical establishments.

In case of failure to comply with the above regulations, the period of absence from the residence or social protection establishment shall not be counted into the time limit for execution for compulsory educational measures in the community.

3. The educated person who is absent from the place of residence for less than 15 days shall be handled as follows:

a) The educated person or the parents or guardian (s) of the educated person who is under 16 years old shall submit an application to the agency or organization assigned to manage the educated person;

b) The agency or organization assigned to manage the educated person shall consider and reply in writing with the educated person's absence from his/her place of residence within 3 working days from the date of receipt of the application;

c) In case of agreement, the agency or organization assigned to manage the educated person shall report to the President of the commune-level People's Committee where the educated person resides on his/her absence from the place of residence.

In case of disagreement, the reasons shall be clearly stated in writing to the person who has sent the application.

4. The educated person who is absent from the place of residence for more than 15 days shall be handled as follows:

a) The educated person or the parents or guardian (s) of the educated person who is under 16 years old shall submit an application to the President of the commune-level People's Committee via the agency or organization assigned to educate and manage the educated person;

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b) The agency or organization assigned to manage the educated person shall consider and comment about the educated person's absence from his/her place of residence within 3 working days from the date of receipt of the application;

c) The commune-level People's Committee shall consider and issue decision on the educated person's absence from his/her place of residence after receipt of the application and comments of the agency or organization assigned to manage the educated person;

In case of disagreement, the reasons shall be clearly stated in writing to the person who has sent the application and the agency or organization assigned to manage the educated person

5. The educated person who is absent from social relief establishment shall be handled as follows:

a) Absence for less than 15 days: The regulations of Clause 3 of this Article shall be applied. The application shall be sent to social relief establishment for consideration and handling ;

b) Absence for more than 15 days: The regulations of Clause 4 of this Article shall be applied. The application shall be sent to the President of the commune-level People's Committee where the headquarter of social relief establishment is located for consideration and handling via the social relief establishment.

Article 39. Change of residence of the educated person

1. The educated person who changes his/her place of residence due to studying, working, movement with his/her family to another place or other reasons shall be handled as follows:

a) The educated person or the parents or guardian (s) of the educated person who is under 16 years old shall submit an application to the President of the commune-level People's Committee;

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b) The President of the commune-level People's Committee shall issue a decision to transfer application of compulsory educational measures in the community to the educated person to new place of residence within 5 working days from the date of receipt of the application.

2. Identification of the place of residence of the educated person without stable residence:

a) In case of a minor subject to education at social relief establishment, the President of the commune-level People's Committee where the headquarter of social relief establishment is located shall consider and transfer application of compulsory educational measures in the community to the educated person to his/her place of residence

b) In case of person aged 18 or older, the President of the commune-level People's Committee that has issued decision on application of compulsory educational measures in the community shall consider and transfer application of compulsory educational measures in the community to the educated person to his/her place of residence

3. If the educated person changes his/her place of residence as prescribed in Clauses 1 and 2 of this Article, the document on application of compulsory educational measures in the community of the educated person shall be transferred to the President of the Commune-level People's Committee where the educated person resides.

The President of the commune-level People's Committee where the educated person resides shall receive and assign the person to directly help the educated person as prescribed in Article 29 of this Decree.

4. When changing his/her residence, the educated person shall comply with the regulations of the law on residence.

Article 40. Handling of violations committed before or during the time of execution of compulsory educational measures in the community

1. If the person subject to application of compulsory educational measures in the community has committed violations before or during the time of execution of the decision on application of education, at the request of the criminal procedure agency, the President of the commune-level People's Committee shall issue a decision on temporary suspension from the execution of the decision on application of education to such person and transfer the document on application of education to the criminal procedure agency.

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a) Having decision on failure to prosecute a criminal case, decision on cancellation of decision on criminal prosecutions, decision on suspension from investigation, decision on suspension from cases, decision on suspension from cases for defendant. The person subject to temporary suspension is exempt from criminal responsibility according to the judgment or an innocent person according to declaration of the Court;

b) The Court fails to sentence the person subject to temporary suspension to imprisonment.

3. If the person subject to temporary suspension from the execution of education has been sentenced to imprisonment by Court, within 03 working days from the date of receiving the legally effective judgment, the President of the commune-level People's Committee that has issued decision on application of compulsory educational measures in the community shall issue a decision on exemption from execution of the remaining duration of the decision on application of compulsory educational measures in the community.

The decision on exemption from execution of the remaining duration of decision on application of compulsory educational measures in the community takes effect from the date of signing. The decision shall be sent to the educated person; the agency and organization assigned to educate and manage and the person assigned to help the educated person.

Article 41. Termination of application of compulsory educational measures in the community

1. If the educated person has executed at least 1/2 (one-half) of the period of compulsory educational measures in the community without progress and continues to commit violations specified at Point b, Clause 1 of Article 94 of the Law on Handling of Administrative Violations, the President of the commune-level People's Committee that has issued the decision on application of compulsory educational measures in the community shall issue a decision on termination of application of compulsory educational measures in the community and propose the application of measure for sending to compulsory educational establishments.

2. The President of the commune-level People's Committee who has issued a decision on application of compulsory educational measures in the community shall issue a decision on termination of application of education and handle as follows:

a) If a person aged full 12 or older who is executing compulsory educational measures in the community is a drug addict specified in Articles 30, 31 and 33 of the Law on prevention and control of narcotic substances, the detoxification according to regulations of the law on Law on prevention and control of narcotic substances shall be applied.

b) If a person aged full 18 or older who is executing compulsory educational measures in the community is a drug addict specified in Article 32 of the Law on prevention and control of narcotic substances, the dossier proposing to apply administrative handling measures for sending to compulsory detoxification establishment shall be compiled according to regulations of the law on handling of administrative violations.

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1. The President of the commune-level People's Committee shall issue a certificate of completion of execution of the decision on application of compulsory educational measures in the community to the educated person within 2 working days from the date on which the educated person completes execution of the decision.

2. The certificate of completion of execution of the decision on application of compulsory educational measures in the community shall be kept on file.

The valid copy of the certificate shall be sent to the organization assigned to educate, manage and the educated person’s family.

Article 43. Documents on application of compulsory educational measures in the community

1. The documents on application of compulsory educational measures in the community shall be numbered and stored in accordance with regulations of the law on storage. A document shall contain:

a) Dossier proposing to apply compulsory educational measures in the community

b) Decision on application of compulsory educational measures in the community ;

c) Decision on assigning persons to directly help the educated person;

d) Plan for education, help, management of the educated person;

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e) Minutes of the comment meeting for the educated person (if any);

g) A book to monitor the progress of the educated person and report on the results of supervision, help and education of the person assigned to help the educated person;

e) Documents on absence at the place of residence or change of the place of residence of the educated person (if any);

i) Decision on exemption from execution of the remaining time of decision on application of compulsory educational measures in the community ;

k) Decision on temporary suspension from execution of decision on application of compulsory educational measures in the community ;

l) Decision on cancellation of decision on temporary suspension from execution of decision on application of compulsory educational measures in the community ;

m) Decision on termination of application of compulsory educational measures in the community (if any);

n) Certificate of completion of execution of the decision on application of compulsory educational measures in the community

o) Other relevant documents (if any).

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Section 2. EXECUTION OF DECISION ON APPLICATION OF MANAGEMENT AT HOME

Article 44. Cooperation in supervising minors subject to application of management at home

1. The minor’s family shall:

a) Manage and supervise the minor;

b) Supervise, create conditions for studying, participation in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area of the minor;

c) Monthly report to the President of the commune-level People's Committee on supervision and management of the minor;

d) Closely cooperate with organizations and individuals assigned to supervise the minor in implementation of the plan for supervising the minor.

2. The organizations assigned to cooperate in supervision shall assign persons to directly cooperate with the minor's family in management and supervision.

3. The individuals assigned by organizations and individuals assigned by the President of the commune-level People's Committee to cooperate in supervision shall cooperate with the minor’s family in performance of the following tasks:

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b) Introduce the minor to academic or vocational programs, job search programs, appropriate programs for counseling and development of life skills in the community that are organized in the local area;

c) Help and encourage the minor in correction to his/her mistakes.

Article 45. Rights and obligations of minors subject to application of management at home

1. Rights:

a) Study and live at the place of residence;

b) Be treated equally;

c) Participate in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area;

d) Be considered or received by education establishments;

dd) Be subject to application of appropriate measures for support and protection as prescribed per the law

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g) Complain about, initiate lawsuit for decisions on application of management at home and other administrative acts throughout the process of execution of the decision.

2. Obligations:

a) Abide by the policies and laws of the State;

b) Actively study and fulfill the civic obligations, internal rules and regulations of the local authorities where they reside;

c) Be subject to the education, management and supervision of families, schools and persons assigned to cooperate in supervision.

Article 46. Termination of application of management at home throughout the time of application of management

1. If a minor who is subject to application of management at home continues to commit violations, the President of the commune-level People's Committee that has issued the decision on application of management at home shall issue decision on termination of application of management and handle as follows:

a) In case of violations specified at Points c, d and dd, Clause 2, Article 5 of this Decree, the decision on application of compulsory educational measures in the community shall be issued;

b) If the violations have criminal signs, it is proposed to be handled according to the regulations of the law.

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The detoxification for minors shall comply with regulations of the law on prevention and control of narcotic substances:

Article 47. Certificate of completion of execution of the decision on application of management at home

1. The President of the commune-level People's Committee shall issue a certificate of completion of execution of the decision on application of management at home to a minor within 2 working days from the date on which the minor completes execution of the decision.

2. The certificate of completion of execution of the decision on application of management at home shall be kept on file.

The valid copy of the certificate shall be sent to the minor's family.

Article 48. Documents on application of management at home

1. The documents on application of management at home shall be numbered and stored in accordance with regulations of the law on storage. A document shall contain:

a) A dossier proposing to apply management at home:

b) Decision on application of management at home;

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d) Other relevant documents (if any).

2. The document on application of management at home shall be managed at the People's Committees of communes where the decision is issued

Chapter IV

RESPONSIBILITIES OF UNITS, ORGANIZATIONS AND INDIVIDUALS

Article 49. Responsibilities of relevant ministries

1. The Ministry of Justice shall:

a) Develop and promulgate documents on compulsory educational measures in the community under its power or submit to competent authorities to promulgate them;

b) Make preliminary and final reports on the implementation of laws on compulsory educational measures in the community

c) Guide the application of laws on compulsory educational measures in the community according to request of ministries, ministerial-level agencies and local authorities;

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dd) Responsibilities specified in Points a, b, c and d of this Clause for management at home.

2. The Ministry of Public Security shall:

a) Guide the commune-level police office, socio-cultural officials and socio-political organizations at the same level on cooperation with the commune-level People's Committees in collection of documents and compilation of dossiers proposing to apply compulsory educational measures in the community. Guide and provide training in professional skills for the commune-level police office in order to implement the plans for education, help and management of the educated persons;

b) Periodically report or report at the request of competent agencies on application of compulsory educational measures in the community according to regulations;

c) Develop documents on guidance on application of laws on the implementation of compulsory educational measures in the community;

d) Guide and inspect the professional application of laws on the implementation of compulsory educational measures in the community;

dd) Responsibilities specified in Points a, b, c and d of this Clause for management at home.

3. The Ministry of Labor, War Invalids and Social Affairs shall be responsible for the planning for the network of social relief establishments; develop and improve the capacity of social workers at social relief establishments and communes, wards and district towns to perform social support and drug prevention for users who illegal use narcotic substances; direct the establishments to manage persons subject to application of compulsory educational measures in the community at social relief establishments.

4. The Ministry of Finance shall take charge and cooperate with relevant ministries and central authorities in guidance on the specific contents and levels of expenditures for expenditures specified in Clause 1, Article 12 of this Decree.

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1. The People's Committees at all levels, within the scope of their functions, tasks and powers, shall:

a) Disseminate laws on application of compulsory educational measures in the community in local areas;

b) Report on implementation of laws on application of compulsory educational measures in the community ;

c) Direct, guide and make estimates of expenditures for the implementation of application of compulsory educational measures in the community ;

d) Direct and execute the decisions on application of compulsory educational measures in the community ;

d) Direct the local socio-agencies and organizations to cooperation in consulting, supporting, educating and managing for persons subject to application of compulsory educational measures in the community in order to help the persons with rehabilitation

e) Responsibilities specified in Points a, b, c and d of this Clause for management at home.

2. The People's Committees of provinces, within the scope of their functions, tasks and powers, shall:

a) Submit the annual estimates of expenditures; set expenditures on assistance for persons who directly help the educated persons in order to submit to the People's Council for decision;

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c) Decide the list of social relief establishments that receive minors without stable residence who are subject to application of compulsory educational measures in the community.

3. The People's Committees of communes, within the scope of their functions, tasks and powers, shall:

a) Implement application of compulsory educational measures in the community ;

b) Mobilize persons who have conditions, capacity and experience in order to participate in education, help and management of the persons subject to application of compulsory educational measures in the community in conformity with actual situations of the local areas;

c) Direct organization of vocational training programs, job search, capital loan, production and trade, counseling programs, life skills development programs, health and social services, prevention and control of narcotic substances in the local area in order to create conditions for persons subject to application of compulsory educational measures in the community to participate;

d) Make estimates of expenditures for the implementation of compulsory educational measures in the community in order to submit to the competent authorities for decision;

dd) Inspect the execution of decisions on application of compulsory educational measures in the community and management at home in the local areas.

Article 51. The commune-level police chiefs shall

1. Assist the Presidents of the People's Committees at the same level to monitor the implementation of compulsory educational measures in the community.

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Article 52. Cooperation with Vietnam Fatherland Front Committee and its members that are commune-level organizations

The Presidents of the People's Committees of communes shall request the Vietnam Fatherland Front Committee to cooperate with its member organizations at the commune level in the implementation of compulsory educational measures in the community and management at home. To be specific:

1. Assign persons to directly help the educated persons if required and supervise implementation.

2. Create conditions for persons assigned to help the educated persons under their management in order to complete their tasks.

3. Help and create conditions for participation in programs for counseling and development of life skills in the community of persons subject to compulsory educational measures in the community and management home

Chapter V

IMPLEMENTATION PROVISIONS

Article 53. Schedule used in application of compulsory educational measures in the community and management at home

1. The Appendix of forms for use in application of compulsory educational measures in the community and management at home is promulgated together with this Decree.

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3. Competent authorities and persons may use pre-printed forms or self-print forms. They shall be responsible for the accuracy and completeness in printing, issuing, managing and using forms issued as prescribed in Clauses 1 and 2 of this Article.

4. Forms used in the application of compulsory educational measures in the community and management at home to minors shall be stored in paper and in electronic form.

Article 54: Entry into force

1. This Decree comes into force from January 01, 2022

2. The Government’s Decree No. 111/2013/ND-CP dated September 30, 2013 on regime for application of administrative handling measures for compulsory educational measures in the community and Government’s Decree No. 56/2016/ND-CP dated June 29, 2016 on amendments to some articles of Government’s Decree No. 111/2013/ND-CP dated September 30, 2013 on regime for application of administrative handling measures for compulsory education in the community expire from the effective date of this Decree.

Article 55. Transitional clauses

Violations that are committed before the effective date of this Decree but are detected and being processed for compulsory educational measures in the community (or in the family for minors): if this Decree does not provide for legal liability or impose less serious legal liability for violations, the regulations of this Decree shall be applied.

Article 56. Responsibility of implementation

The Ministers, heads of the ministerial-level agencies, heads of the governmental agencies, the Presidents of the People's Committees of provinces, relevant units shall be responsible for the implementation of this Decree.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Pham Binh Minh