Chapter I
SCOPE OF REGULATION AND BASIC RULES
Article 1. Scope
This Law provides diversion, penalties for juvenile delinquent; legal proceedings for juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges, crime victims, witness testifiers; enforcement of imprisonment sentences, community integration for juveniles; tasks, powers and responsibilities of agencies, organizations, individuals, families in juvenile justice.
Article 2. Application of Law on Juvenile Justice and relevant laws
Criminal information, filing of charges, settlement of criminal cases, diversion, enforcement of imprisonment sentences, community integration in respect of juveniles shall comply with this Law and Criminal Code, Criminal Procedure Code, Law on Enforcement of Criminal Judgments, and other laws that are not against this Law.
Article 3. Term interpretation
For the purposes of this Law, the terms below shall be construed as follows:
1. Juvenile delinquent means a person from 14 to under 18 years of age who commits crime specified in Criminal Code.
2. Accused juvenile means a person who is arrested, detainee, suspect, or defendant from 14 to under 18 years of age.
3. Juvenile victim means a person under 18 suffering from direct damage to his/her physical body or mentality and property that is impaired or threatened.
4. Juvenile witness testifier means a person under 18 that possesses knowledge of facts relating to the crime and lawsuit and receive competent procedural agencies' subpoena to testify.
5. Person serving diversion measure means a person who serves community-based diversion measures or persons who have to serve the educational measure in reformatory, reformatory inmates.
6. Representatives of a juvenile include:
a) Parents;
b) Guardian;
c) Person designated by the Court.
7. Juvenile justice means regulations on policies, measures to handle juveniles; juvenile-friendly procedures in diversion, criminal information, filing of charges, investigation, prosecution, adjudication, enforcement of imprisonment sentences, community integration; task, powers and responsibilities of relevant agencies, organizations, individuals.
8. Diversion measure means supervision, education, prevention measures for juvenile delinquents, including community-based diversion measures specified in clause 1 to 11 of Article 16 of this Law and educational measures at reformatory specified in clause 12 of Article 36 of this Law.
9. Diversion procedure means the procedure for considering, deciding enforcing diversion measures on juvenile suspects, defendants specified in this Law.
10. Social worker in juvenile justice (hereinafter referred to as “social worker(s)") means officials, public employees engaging in social work, individuals in charge of child protection affairs at the communal level, socio-cultural officials at the communal level, and other social workers in accordance with law.
11. Social investigation report (SIR) means a report made by social workers on information about identity, family relationships, living conditions, education, health history, maturity level of the juvenile, and other relevant information that may affect the delinquency of the juvenile suspect, defendant.
12. Diversion plan means a plan prepared by social workers to propose enforcement of community-based diversion measures, organization of assistance provision, and education of juveniles subject to community-based diversion measures.
Article 4. Funding, cost, support for juvenile justice
1. Funding for juvenile justice shall be covered by the state budget and other lawful funding in accordance with law.
2. The State budget shall cover the following:
a) Facilities for conducting juvenile-friendly legal proceedings;
b) Organization of the enforcement of electronic supervision measures;
c) Organization of enforcement of decision on community-based diversion measures;
d) Organization of enforcement of decision on educational measures at reformatory;
dd) Facilities of reformatories, separate prison, prison divisions, and areas for detention for juveniles; board and lodging, clothing, accommodation, daily necessities, medical care, cultural education, vocational education, job training, labor, cultural and artistic activities, and entertainment for reformatory inmates and juvenile inmates;
e) Expenditures of the National Fund for Vietnamese Children for juvenile justice;
g) Professional training and refresher training for social workers, person directly supervising enforcement of decision on applying diversion measures;
h) Expenses for social workers participating in legal proceedings, persons directly supervising the enforcement of decisions on applying diversion measures, persons assigned to help juveniles in community integration; expenses for medical, psychological, educational, sociological experts, representatives of educational institutions, vocational training institutions, representatives of the Vietnam Fatherland Front Committee, member organizations of the Front and other agencies, organizations and individuals participating in the process of resolving cases at the request of competent agencies and persons;
i) Other contents in respect of juvenile justice covered by the state budget accordance with relevant law.
3. Reformatories are allowed to accept material assistance from local authorities, domestic agencies, organizations, individuals, and foreign individuals and organizations to organize cultural education, career education, vocational training, and the purchase of learning and living supplies for students.
4. The Government shall elaborate this Article.
Article 5. Ensuring best interest
1. When resolving cases involving juveniles, their best interests must be ensured.
2. Juvenile delinquents shall only be prosecuted when necessary and primarily for educational purposes, aiming to assist them in correcting their mistakes, fostering healthy development, and becoming useful citizens to society.
3. The handling of Juvenile delinquent must be based on the criminal behavior, identity, age, level of maturity, their understanding of the societal harm caused by the offense, the reasons, conditions leading to the crime, and the requirements for crime prevention.
4. The safety of juveniles during legal proceedings, the enforcement of educational measures at reformatory, and the enforcement of imprisonment sentences shall be ensured in accordance with law.
5. Timely assistance must be provided to juveniles.
Article 6. Ensuring friendly legal proceedings
Legal proceedings must be simple, friendly, aligned with the psychological state, age, level of maturity, and cognitive abilities of the juveniles.
Article 7. Equal treatment
1. Ensuring fairness, non-discrimination, and equal treatment for juveniles.
2. Addressing the legitimate needs of juveniles regarding gender, juveniles who are ethnic minorities, and vulnerable populations.
Article 8. Right to be promptly and fully informed
Juveniles have the right to receive complete and timely information in simple, friendly, and understandable language regarding matters related to the resolution of cases.
Article 9. Ensuring right to have a representative
Juveniles are ensured the right to have a representative participates in the process of resolving cases.
Article 10. Fast and timely resolution
Cases involving juveniles must be resolved as quickly as possible, limiting extensions and prioritizing simplified procedures.
Article 11. Prioritizing application of diversion measures
1. The diversion measures are prioritized for Juvenile delinquents at all stages, including investigation, prosecution, and adjudication.
2. The application of diversion measures must be aligned with the interests of Juvenile delinquents and the community.
Article 12. Penalty application
1. The penalties imposed on Juvenile delinquents primarily aim to educate them on respecting and obeying the law and ethical standards, guiding their lifestyles, preventing further offenses, and serving as a deterrent against crime.
2. The court shall only impose penalties on Juvenile delinquents if the diversion measures are deemed ineffective as deterrents. In cases where penalties must be applied, priority is given to warnings, fines, community sentence, and suspended sentences.
3. Juvenile delinquents are not subject to life imprisonment or the death penalty.
4. The court shall only impose definite imprisonment on Juvenile delinquents if the diversion measures are deemed ineffective as deterrents.
5. Upon being imposed a definite imprisonment, juvenile delinquents shall receive a lighter sentence than what applies to adult offenders for corresponding crimes, with the shortest appropriate term.
6. Juvenile delinquents are not subject to additional penalties.
7. The sentence pronounced against Juvenile delinquents, if falling under the following cases, is not considered when determining recidivism or dangerous recidivism:
a) Offenders from 14 to 16 years of age;
b) Offenders from 16 to 18 years of age who involuntarily commit a less serious crime, serious crime or very serious crime;
Article 13. Ensuring confidentiality of personal privacy
1. The confidentiality of personal privacy of juveniles must be respected and protected throughout the process of receiving and handling criminal information, prosecution, investigation, adjudication, diversion, sentence enforcement, and community integration.
2. The court conducts private hearings for criminal cases involving juveniles who are victims of gender-based violence or in other special cases requiring the protection of juveniles.
3. Juvenile victims or witnesses participating in legal proceedings must be provided with an isolated room or other protective measures.
Article 14. Right to defense, rights to receive legal aid, interpretation
1. Accused juveniles must have a defender.
2. Competent procedural agencies, persons shall notify and explain to the accused juvenile and ensure that they fully carry out their right to defense in accordance with law.
3. Juveniles participating the criminal procedures shall receive free legal aid and interpretation.
Article 15. Minimizing the application of preventive measures, coercive measures
1. Preventive measures and coercive measures shall only apply to juveniles when deemed necessary.
2. Temporary detainment and detention shall only apply to juveniles when there are grounds proven that other measures are not effective.
Competent procedural agencies, persons must regularly supervise, review, and inspect the custody, detention of juveniles; if there are no longer grounds or necessity for temporary detainment, detention, a decision must promptly be made to cancel it and replace it with other preventive measures.
Article 16. Specialization in juvenile justice
Investigators, prosecutors, and judges handling cases involving juveniles must be individuals who have been trained, educated, or have experience in investigating, prosecuting, and adjudicating cases related to juveniles, or have the necessary understanding of the psychology and educational sciences of juveniles.
Article 17. Ensuring and respecting right to participate, express opinions
1. Juveniles have the right to participate and express opinions on issues concerning their rights and obligations throughout the legal proceedings. Their opinions must be respected and not deemed unreliable solely because of their age. The fact that a juvenile does not admit guilt shall not be used as grounds for holding them to a higher level of liability.
2. Competent procedural agencies, persons must listen to the opinions, wishes, and concerns of juveniles in a manner appropriate to their age, gender, level of maturity, and development.
Article 18. Ensuring the effect of decision on applying diversion measures
1. An effective decision on applying diversion measures must be respected by agencies, organizations, and individuals; strictly implemented by relevant agencies, organizations, individuals.
2. Agencies, organizations, individuals, within their jurisdiction shall cooperate and implement request of competent agencies and individuals in enforcement of decision on applying diversion measures.
Article 19. Ensuring appropriate enforcement of educational measures at reformatory, enforcement of imprisonment
1. During the enforcement of educational measures at reformatory, enforcement of imprisonment sentences, juveniles must be protected, educated, rehabbed, and reintegrated into the community.
2. Reformatories, prisons must provide facilities that are suitable for the age, gender, and development of juveniles.
3. Juveniles serving imprisonment shall be held in prisons, prison divisions, and designated areas for detention of juvenile inmates.
Article 20. Ensuring community reintegration
1. Ensure favorable conditions for juvenile individuals to complete educational measures in reformatories and reintegrate into the community after completing imprisonment, maintain stable lives, and prevent further offenses:
2. Ensure participation from agencies, organizations, individuals and families in community reintegration in accordance with law.
3. Strictly prohibit discrimination and prejudice against juveniles who have completed educational measures at reformatory or imprisonment.
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