Phần thứ hai Luật Tư pháp người chưa thành niên 2024: Xử lý chuyển hướng đối với người chưa thành niên phạm tội

Part two

DIVERSION FOR JUVENILE DELINQUENTS

Chapter III

DIVERSION MEASURES

Article 34. Purposes of Diversion

1. Promptly and effectively handle juveniles.

2. Assist juveniles in changing their perceptions, recognizing and correcting their mistakes, self-improvement, preventing the causes of criminal behavior, and educating them to become useful citizens for society

3. Promote mediation between juveniles and victims affected by the juveniles’ crime.

4. Enhance the responsibility of families and communities directly participating in diversion.

5. Limit the negative impacts of criminal procedures on juveniles.

6. Prevent juveniles from committing new crimes and enable community reintegration.

Article 35. Application of diversion measures

1. The application of diversion measures must consider the nature and severity of the offense; the educational and rehabilitation possibilities of juvenile delinquents, and the safety of victims and the community.

2. The selection of diversion measures for juvenile delinquents must be appropriate to their circumstances, age, and psychological characteristics.

3. Juvenile delinquents may be subject to one or more community-bases diversion measures. The diversion measures specified in Articles 6, 7, 8, 9, 10, and 11 of this Law must be applied simultaneously with one or  multiple diversion measures specified in Articles 1, 2, 3, 4, and 5 of this Law.

In cases where juvenile offenders are subject to multiple community-based diversion measures but must also fulfill the obligations specified in points b, c, d, and dd of Article 23.2 of this Law, the duration of fulfilling these obligations must not exceed the maximum time limit prescribed for the applied measures.

4. Educational measures at reformatory shall not be applied simultaneously with community-based diversion measures.

5. Diversion measures shall not be applied if the offender has reached the age of 18 at the time of consideration.

Article 36. Diversion Measures

1. Reprimand.

2. Apology to the victim.

3. Damages payment

4. Education in the community.

5. House arrest

6. Restriction on movement.

7. Prohibition on contact with individuals at risk of influencing the juvenile to commit new crime.

8. Prohibition from visiting places that may lead the juvenile to commit new crime.

9. Participation in educational or vocational programs.

10. Participation in treatment or psychological counseling.

11. Community service.

12. Education at reformatory.

Article 37. Cases eligible for diversion measures

Juvenile delinquents falling into one of the following cases, if not exempt from criminal liability according to the provisions of the Criminal Code, may be eligible for diversion measures:

1. Individuals from 14 to under 16 years of age who commit a very serious crime as defined by the Criminal Code, except for cases specified in clauses 1 and 3 of Article 38 of this Law.

2. Individuals from 16 to under 18 years of age who involuntarily commit very serious crime, serious crime or less serious crime as defined by the Criminal Code, except for cases specified in clauses 2 and 3 of Article 38 of this Law.

3. Juveniles who are accomplices with insignificant roles in the case.

Article 38. Cases ineligible for diversion measures

1. Juveniles from 14 to under 16 years of age are not eligible for diversion measures if they fall into one of the following cases, except as specified in clause 3 of Article 37 of this Law:

a) Commit a very serious crime such as: Murder, Rape, Rape of a person under 16, Non-consensual intercourse with a person from 13 to under 16 years of age, Illegal manufacturing of narcotic substances;

b) Commit a very serious crime multiple times, or commit multiple very serious crimes as defined by the Criminal Code;

c) Commit an extremely serious crime multiple times as defined by the Criminal Code.

2. Juveniles from 16 to under 18 years of age are not eligible for diversion measures if they fall into one of the following cases, except as specified in clause 3 of Article 37 of this Law:

a) Committing a very serious crime such as: Rape, Illegal manufacturing of narcotic substances, Illegal possession of narcotic substances, Illegal trading of narcotic substances, Illegal trafficking of narcotic substance, Appropriation of narcotic substances;

b) Recidivism and dangerous recidivism

c) Deliberately committing a serious crime multiple times, or commit multiple serious crimes as defined by the Criminal Code;

d) Deliberately committing a very serious crime, or committing an extremely serious crime as defined by the Criminal Code;

3. Juveniles who have been subject to diversion measures but commit new crime are not eligible for diversion measures.

Article 39. Requirements for application of diversion measures

Juvenile delinquents falling under the cases specified in Article 37 of this Law may be eligible for application of diversion measures when they satisfy the following requirements:

1. There is evidence confirming that the juvenile has committed the a crime

2. The juvenile admits to having committed a crime;

3. The juvenile consents in writing to the diversion.

Article 40. Reprimand

1. Reprimand is a strict criticism towards juvenile delinquents, explaining the harm caused by them and the consequences of further violations. Reprimand shall be executed immediately during the session to consider and decide the application of diversion measures, trials, or shall be executed at the People's Committee of the commune where the juvenile delinquent resides.

2. Reprimand shall apply to the following cases:

Individuals from 16 to under 18 of age who involuntarily commit very serious crime, or commit a less serious crime as defined by the Criminal Code;

b) Juveniles who are accomplices with insignificant roles in the case.

3. Juvenile delinquents subject to reprimand must fulfill the obligations specified in clause 2 of Article 23 of this Law from 3 months to 1 year.

Article 41. Apology to the victim

1. Apology to the victim means juvenile delinquents admitting their mistakes to the victims and wishing to be forgiven for the crime that they have committed. Apology to the victim shall be carried out immediately during the session to consider and decide the application of diversion measures, trials.

2. Apology to the victim shall apply to the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in point a of clause 2 of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who commit a less serious crime or serious crime as defined by the Criminal Code, except for cases specified in point b of clause 2 of Article 51 of this Law;

c) Juveniles who are accomplices with insignificant roles in the case.

3. Apology to the victim shall be applied with the consent of the victim or their representative.

4. Juvenile delinquents subject to apology to the victim must fulfill the obligations specified in clause 2 of Article 23 of this Law from 3 months to 1 year.

Article 42. Damage payment

1. Damage payment means that the juvenile delinquents or their parents shall compensate victims for the physical and mental damages affecting the life, health, dignity, reputation, character, or property that are caused by the crime.

2. Damage payment shall apply to the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in point a of clause 2 of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who commit a less serious crime or serious crime as defined by the Criminal Code, except for cases specified in point b of clause 2 of Article 51 of this Law;

c) Juveniles who are accomplices with insignificant roles in the case.

3. Damage payment shall be applied with the consent of the victim or their representative.  The competent authority determines the time for fulfilling the obligation to pay damages, not exceeding 01 year.

4. Juvenile delinquents subject to damage payment must fulfill the obligations specified in clause 2 of Article 23 of this Law from 3 months to 1 year.

Article 43. Education in the community

1. Education in the community means that juvenile delinquents shall be put under the management, supervision, and education of the People's Committee of the commune where they reside regarding compliance with the law, performance of civic duties, and compliance with the internal regulations of their place of residence, study or work.     

2. Education in the community shall apply to the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who commit a less serious crime or serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law;

3. The duration of applying the educational measure at the community and fulfilling the obligations specified in clause 2 of Article 23 of this Law is from 6 months to 2 years.

Article 44. House arrest

1. House arrest means that juvenile delinquents shall stay at home under direct supervision of their family and only be allowed to leave the house when necessary with the permission from the person directly supervising the enforcement of decision on applying diversion measures.

2. House arrest shall be applied in the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who unintentionally commit a very serious crime or commit serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law.

3. House arrest shall be applied upon the request and commitment of the father, mother, grandfather, grandmother, elder brother, or elder sister who are adults living in the same household as the juvenile delinquents. The requester must ensure that he/she has a clear place of residence, has adequate facilities, and is capable of caring for, educating, and directly supervising the juvenile delinquents.

4. The duration of applying the house arrest and fulfilling the obligations specified in clause 2 of Article 23 of this Law is from 03 months to 1 year.

Article 45. Restriction on movement

1. Restriction on movement means limiting juvenile delinquents from leaving their home during specific hours from 6:00 PM of the previous day to 6:00 AM of the following day, except when necessary and permitted by the person directly supervising the enforcement of decision on applying diversion measures.

2. The duration of restriction on movement is from 03 to 06 months.

Article 46. Prohibition on contact with individuals at risk of influencing the juvenile to commit new crime

1. Prohibition on contact with individuals at risk of influencing the juvenile to commit new crime means prohibiting juvenile delinquents from communicating, contacting, or approaching victims, accomplices, or individuals who may have a negative influence on the behavior of the juvenile at risk of prompting them to commit new crime.

2. The duration of applying prohibition on contact with individuals at risk of influencing the juvenile to commit new crime is from 06 months to 01 year.

Article 47. Prohibition from visiting places that may lead the juvenile to commit new crime

1. Prohibition from visiting places that may lead the juvenile to commit new crime means prohibiting juvenile delinquents from visiting places where criminal acts have been committed or places with similar environments to those where the crimes have been committed, which may pose a risk of prompting the juvenile delinquent to commit new crime.

2. The duration of applying prohibition from visiting places that may lead the juvenile to commit new crime is from 06 months to 01 year.

Article 48. Participation in educational or vocational programs

1. Participation in educational or vocational programs means that juvenile delinquents must learn about law, ethics, civic duties, problem-solving skill, life skills, or participate in vocational training.

2. Educational institutions and vocational training institution selected by the presiding authorities shall educate and train juvenile delinquents and cooperate with the person directly supervising the enforcement of decision on applying diversion measures.

3. The duration of applying measures of participation in educational or vocational programs is no more than 01 year

4. The Government shall elaborate this Article.

Article 49. Participation in treatment or psychological counseling

1. Participation in treatment or psychological counseling is the provision of therapy, medical intervention to overcome mental, emotional, mood, health problems that lead to juvenile delinquency.

2. Medical establishments, treatment centers, and other organizations providing treatment and psychological counseling selected by presiding authorities shall implement professional measures to treat and intervene for juveniles and cooperate with the person directly supervising the enforcement of decision on applying diversion measures.

3. The duration of applying measures of participation in treatment or psychological counseling is no more than 01 year

4. The Government shall elaborate this Article.

Article 50. Community service

1. Community service involves directly serving the community where juvenile delinquents reside, including:

a) Participating in planting and caring for greenery in public areas; repairing, cleaning village roads, alleys, streets, community centers, or other public works;

b) Engaging in other activities to improve the living environment and landscape of the community.

Assisting and supporting the elderly, persons with disabilities, individuals in special circumstances, or other voluntary activities to enhance awareness, responsibility, and community connection and sharing.

2. The total duration of community service shall be from 20 to 80 hours.  Community service shall not exceed 4 hours per day, 5 days per week, and shall not be conducted between 8:00 PM the previous day and 6:00 AM the following day.

3. Enforcement of community service must ensure safety, avoid discrimination, and not adversely affect the education of the juvenile.

4. The duration of applying community service shall not exceed 3 months.

Article 51. Education at reformatory

1. Education at reformatory means that juvenile delinquents shall be obligated to study culture, participate in vocational training, work, and live under the management and education of an educational organization with strict discipline in accordance with law.

2. Education in the community shall apply to the following cases:

a) Individuals from 14 to under 16 years of age who commit a very serious crime such as: Deliberate infliction of bodily harm upon another person, Human trafficking, Trafficking of a person aged under 16, Illegal possession of narcotic substances, Robbery, Snatching, Illegal trading of narcotic substances, Illegal trafficking of narcotic substance, Appropriation of narcotic substances, except in cases where the juvenile is an accomplice with an insignificant role in the case;

b) Individuals from 16 to under 18 years of age who commit a very serious crime such as: Deliberate infliction of bodily harm upon another person, Robbery, Snatching, except in cases where the juvenile is an accomplice with an insignificant role in the case;

c) Other cases requiring application due to the seriousness of the crime, identity, and living environment of the juvenile delinquent.

d) Other cases specified in clause 3 of Article 82 of the Law.

3. The duration of educational measures at reformatory is from 06 to 02 months.

Chapter IV

PROCEDURES FOR REVIEWING AND DECIDING ON APPLICATION OF DIVERSION MEASURES

Section 1. GENERAL PROVISIONS

Article 52. Authority to apply diversion measures

1. The heads, deputy heads of investigation authorities, directors, and deputy directors of the Procuracy shall have the authority to apply community-based diversion measures, except in cases where the case requires damage payment or asset seizure.

2. Judges, adjudication panels shall have the authority to apply diversion measures as stipulated in Article 36 of this Law

Article 53. Requesting social workers to participate in legal proceedings

1. Immediately after pressing charge against a juvenile suspect, the investigation authority must request social workers on the list specified in clause 5 of Article 32 of this Law to participate in the legal proceedings.  If necessary, requests may be made directly, by phone, or through other electronic means but must be followed up with a written request.

2. Selection of social workers should follow the following priority order:

a) Officials, public employees, and workers who are social workers residing in the same commune-level administrative unit as the juvenile;

b) Officials, public employees, and workers who are social workers residing in the same district-level administrative unit as the juvenile;

c) Child protection social workers or cultural-social officials at the commune where the juvenile resides.

d) Other social workers as prescribed by law.

3. Within 01 day of receiving the investigation authority's request, social workers must respond in writing regarding their participation in the legal proceedings.  If necessary, notifications can be made directly, by phone, or through other electronic means but must be followed up with a written response.

4. Within one day of the social worker confirming participation in the proceedings, the investigation authority must issue a written notification regarding participation in the legal proceedings and send it to them. This notification must include a request for the social worker to prepare a social investigation report on the juvenile suspect.

The notification of the social worker's participation in the legal proceedings is valid throughout the legal proceedings.

5. Social workers are considered participants in the legal proceedings from the moment they receive the notification about their participation.

Article 54. Formulating social investigation reports

1. Within one day of the social worker confirming participation in the proceedings, the investigation authority must issue a written notification regarding participation in the legal proceedings and send it to them.

2. Social investigation reports must include:

a) Full name, date of birth, gender, personal identification number, place of residence of the juvenile;

b) Full name, place of residence of the representative of the juvenile;

c) Full name, place of work (if any) of the social worker;

d) Family relationships, living conditions of the juvenile;

dd) Maturity level of the juvenile;

e) Health history of the juvenile;

g) Learning, educational level and occupation of the juvenile;

h) Factors that may be the cause of juvenile delinquency;

i) Places and individuals that may lead the juvenile to commit new offenses (if any);

k) Proposal for application of Diversion measures (if any).

3. Relevant agencies, organizations and individuals shall provide information about juvenile suspects when requested by social workers.

4. At the request of the presiding authorities, social workers shall formulate supplementary social investigation reports during the investigation, prosecution, and adjudication.

Article 55. Consideration for application of diversion measures

1. Within 15 days from the date the investigation authority receives the social investigation report; within 7 days from the date the Procuracy receives the case file and the conclusion of investigation for charges, and the Court  receives the case file and the charge, the heads, deputy heads of the investigation authority, heads and vice heads of The Procuracy, or judges must base issue a notification on applying or not applying the diversion procedure in accordance with regulations of Articles 35, 37, 38, and 39 of this Law.

2. Notification on applying or not applying the diversion procedure shall include:

a) Number, date of issuance of the notification;

b) Name of the issuing agency;           

c) Full name of the heads, deputy heads of the investigation authority, heads and vice heads of The Procuracy, or judges issuing the notification;

d) Full name, date of birth, gender, personal identification number, place of residence, occupation, educational level of the juvenile suspects;

dd) Full name, place of work (if any) of the defense counsel;

e) Reasons, grounds for issuing the notification;

g) Application or non-application of the diversion procedure;

h) Recipient of the notification.

3. The notification on applying or not applying the diversion procedure shall be sent to the juvenile suspect, his/her representative, defense counsel, social worker and the Procuracy at the same level within 3 days of issuance.

4. Immediately after issuance of the notification, the investigation authority, Procuracy, or Court shall:

a) If the juvenile is found eligible for the community-based diversion measure, issue a written request to the social worker to formulate a diversion plan, except in cases specified in point b of this clause.

The request must include information on the nature and severity of the juvenile's crime and other necessary details for formulation of the diversion plan.

b) If the juvenile is found eligible for the community-based diversion measure with an existing diversion plan in the case file, the Procuracy or Court shall convene a meeting as stipulated in Article 59 of this Law if it deems unnecessary to amend or create a new diversion plan;

c) If the juvenile is deemed eligible for application of educational measures at reformatory, the Investigation authority or Procuracy shall submit a written request, along with the case file, to the Court for review and decision on applying educational measure at reformatory.

If the juvenile is deemed eligible for application of educational measure at reformatory, the Court shall review and decide the application of educational measure at reformatory.

5. During the diversion procedure, if payment of damage or asset seizure is required, the Investigation authority or Procuracy shall submit a written request, along with the case file, to the Court for review and decision on applying the diversion procedure and resolving issues regarding damage payment or asset seizure.

6. If the Investigation authority requests the Court to consider and decide the application of the diversion procedure according to the provisions in point c of clause 4 and clause 5 of this Article, the Investigation authority must notify the Procuracy of the corresponding level immediately.

7. The application of the diversion procedure does not terminate the necessary procedural activities to resolve the case

In cases where criminal proceedings are being simplified and a juvenile is found eligible for the diversion procedure, the Investigation authority, Procuracy, or Court shall decide to cancel the simplified procedure and resolve the case in accordance with this Law and the Criminal Procedure Code.

8. When issuing a notification on not applying Diversion procedure, the Investigation authority, the Procuracy, and the Court shall continue to resolve the case in accordance with the Criminal Procedure Code and this Law.

9. The Head of the Supreme People’s Procuracy shall take charge and cooperate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, shall elaborate points 4, 5, and 7 of this Article.

Article 56.  Decision on applying Diversion measures  

1. Decision on applying Diversion measures must include:

a) Number, date of issuance of the decision;

b) Name of the issuing agency;

c) Full name of the heads, deputy heads of the Investigation authority, the Director, Deputy Director of the Procuracy, Judge or Adjudication Council that issue the decision;

d) Full name, date of birth, gender, personal identification number, place of residence, occupation, educational level of the juvenile;

dd) Full name, place of work (if any) of the defense counsel;

e) Crime, article, clause, and point of the Criminal Code applied;

g) Reasons, grounds for issuing the decision;

h) Decision on applying or not applying Diversion measures.

The name of the diversion measure that apply, the duration of application, the duration of fulfilling obligations, suspending the investigation of the case against the suspect, or suspending the case against the suspect subject to the diversion measure, and the cancellation of preventive measures, coercive measures, return of temporarily seized documents or objects (if any), handling of evidence, and other related issues must be clearly stated.

i)  Responsibilities of agencies, organizations, individuals enforcing the decision;

k) Effect of the decision

l) Recipient of the decision.

2. The decision on applying Diversion measures shall come into force on the date of publication.

This decision may be appealed, except in cases specified in clause 6 of Article 151 of this Law; or be petitioned, except in cases specified in Article 4 of this Law and clause 6 of Article 151 of this Law.

3. Within 5 days from the date of publication the decision on applying or not applying the community-based diversion measure, the Investigation authority, Procuracy, and Court shall take the following actions:

a) Deliver the decision to the juvenile suspect, their legal representative; send it to the Procuracy of the corresponding level, the victim; send it to the corresponding level of the investigation authority in cases where the Procuracy makes the decision;

b) Send the decision on applying the community-based diversion measure and a copy of the social investigation report to the People's Committee at the commune where the juvenile resides;

c) Send the decision on applying the diversion measure of paying damages to the civil judgment-enforcing agencies.

4. If the decision on applying or not applying the community-based diversion measure of the Investigation authority is unfounded or unlawful, within 5 days from receiving the decision, the Procuracy shall resolve as follows and provide clear reasons:

a) Make a decision to annul that decision and request the investigation authority to continue resolving the case in accordance with this Law and the Criminal Procedure Code;

b) Make a decision to annul the decision on not applying/applying the community-based diversion measure and request the investigation authority to reconvene to review and decide the application of the community-based diversion measure, except in cases specified in point c of this clause.

Within 5 days from receiving the decision specified in this point, the investigation authority must reconvene to review and decide the application of the community-based diversion measure;

c) In cases where the case file and the conclusion of the investigation for charges have already been transferred to the Procuracy, the Procuracy shall review and decide the application of the community-based diversion measure in accordance with this Law.

5. Within 5 days from the date of publication the decision on applying or not applying the educational measure at reformatory, the Court shall take the following actions:

a) Deliver the decision to the juvenile suspect, their legal representative; send it to the Procuracy of the corresponding level, the victim; send it to the agency requesting the application of the educational measure at reformatory (if any);

b) Send the decision on applying the educational measure at reformatory and a copy of the social investigation report to the criminal judgment enforcement agency of a district-level Police where the juvenile resides;

c) Return the case file to the investigation authority, Procuracy that made the request in cases where the Court does not accept the request to apply the educational measure at reformatory as stipulated in clause 1 of Article 68 of this Law.

Article 57. Handling of cases where person serving diversion measure commit another crime

In cases where individuals under diversion measures are prosecuted for other crimes, they shall not be prosecuted for the crime for which the diversion measure is applied.

Section 2. PROCEDURES FOR REVIEWING AND DECIDING ON APPLICATION OF COMMUNITY-BASED DIVERSION MEASURES

Article 58. Formulating diversion plans

1. Within 07 day of receiving the investigation authority's request, Procuracy, Court, social workers must formulate diversion plan and send it to the requesting agency.  

2. The Diversion plan must include:

a) The proposed Diversion measures;

b) Duration and place of implementation;

c) Rights and obligations of juveniles in accordance with Article 23 of this Law;

d) Responsibilities of the relevant agencies, organizations, individuals in enforcement of the decision on applying the diversion measure.

3. When necessary, the social worker may request the agency handling the current case to provide information or organize a meeting to formulate the diversion plan. The meeting, chaired by the social worker, must involve the representative of the juvenile suspect, and may include the juvenile suspect, victim or their legal representative.

 If the proposed diversion measure involves participation in educational programs, vocational training, treatment, or psychological counseling for the juvenile, the social worker must cooperate with educational institutions, vocational education institutions, medical establishments, or other relevant organizations or individuals to specify the content, educational programs, vocational training, treatment, or psychological counseling suitable for the juvenile.

4. At the request of the presiding authorities, social workers shall formulate supplementary diversion plan during the investigation, prosecution, and adjudication.

Article 59. Decision for convening a meeting to review and decide the application of the community-based diversion measure

1. Within 3 days from the date receiving the diversion plan or from the date of issuance of notification on applying the diversion procedure if falling under the cases specified in point b of clause 4 of Article 55 of this Law, the Head, Deputy Head of the investigation authority, Director, Deputy Director of the Procuracy, or Judge shall make a decision on convening a meeting to review and decide the application of the community-based diversion measure.

2. Decision on convening a meeting must include:

a) Date of issuance, name of the issuing agency;

b) Date, place of the offline/online meeting;

c) Full name, date of birth, gender, personal identification number, place of residence of the juvenile suspect;

d) Full name, place of residence of the representative of the juvenile suspect;

dd) Full name of the heads, deputy heads of the investigation authority, heads and vice heads of the Procuracy, or Judge presiding over the meeting; Meeting clerk;

e) Full name of procurators participating in the meeting convened by the Investigation authority, Court;

g) Full name, place of work (if any) of the defense counsel;

h) Full name, place of work (if any) of the social worker;

i) Full name of the interpretation (if any);

k) Full name of other people required to participate in the meeting (if any).

3. Participants in the meeting include:

a) Meeting conductors: Head or Deputy Head of the investigation authority; Head and Deputy Head of the Procuracy; Judge; Meeting clerk;

b) Meeting attendees: Prosecutors participating in the meeting convened by the Investigation authority, Court; Investigators participating in the meeting convened by the Procuracy;

c) Others: the juvenile suspect, their legal representative, defense counsel; social worker; victim (if any);

d) When necessary, the Investigation authority, Procuracy, Court may request experts such as appraisers, interpreters, translators, medical, psychological, educational, social work experts, representatives of educational institutions, vocational education institutions where the juvenile suspect studies, representatives of agencies and organizations where the juvenile suspect works, representatives of the Vietnam Fatherland Front Committee at the commune level, member organizations of the Front where the juvenile suspect resides, and other people to attend the meeting.

4. The decision on convening the meeting must be sent to the individuals specified in point c of clause 3 of this Article, the Procuracy of the corresponding level, the Investigation authority in cases where the Procuracy convenes the meeting immediately after the decision is issued. The meeting to review and decide the application of the community-based diversion measure must be organized within 5 days from the date of issuing the decision to convene the meeting.

Article 60. Meeting to review and decide the application of the community-based diversion measure

1. Before the meeting begins, the meeting clerk shall check the presence of those requested by the Investigation authority, Procuracy, or Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the meeting chairperson for a decision on whether to proceed or postpone the meeting.

2. The meeting procedure is conducted as follows:

a) The meeting chairperson shall open the meeting;

b) The social worker shall present the Diversion plan;

c) The juvenile suspect and their representative shall present their opinions;

d) The defense counsel shall present their opinions;

dd) Other participants shall present their opinions to clarify relevant issues;

e) The meeting chairperson shall ask questions to clarify relevant issues;

g) The prosecutor shall express their opinions;

h) The chairperson shall decide whether to apply or not apply the diversion measure and announce the decision content immediately at the meeting.

If the juvenile is deemed eligible for application of educational measures at reformatory or if there are requests to address issues regarding damage payment or asset seizure, the Investigation authority or Procuracy shall submit a written request, along with the case file, to the Court for review and decision on applying educational measures at reformatory.

If the juvenile is deemed eligible for application of educational measure at reformatory, the Judge shall review and decide the application of educational measure at reformatory.

3. Meetings to review and decide the application of the community-based diversion measure must be juvenile-friendly, ensure lawful rights and obligations of juveniles. Questions for juveniles must be age-appropriate and gender-sensitive and consider their cognitive abilities and maturity level. Questions should be brief, simple, and easy to understand, and not cover multiple issues at once.  The legal representative of the juvenile can assist them during the meeting.

4. The Investigation authority, Procuracy, Court may postpone the meeting in the following cases:

a) The interpreter is absent, and there is no immediate replacement available;

b) The juvenile suspect or their representative is absent for the first time with a valid reason.

5. The meeting must not be postponed for more than 05 days from the date of issuance of the postponement decision. The postponement decision must be promptly sent to those present at the meeting; sent to the Procuracy of the corresponding level and the absent individuals within 3 days from the date of issuance.

Article 61. Minute of meeting to review and decide the application of the community-based diversion measure

1. The minutes of the meeting to review and decide the application of the community-based diversion measure must clearly record the date and location of the meeting; participants in the meeting; the content and proceedings of the meeting; the decision of the meeting chairperson.

2. After the meeting, the chairperson must review the minutes, and together with the clerk, sign the minutes.

Article 62. Procedures of the court for reviewing and deciding application of community-based Diversion measures at the request of the Investigation authority, the Procuracy

1. Immediately upon receiving the request, along with the case file from the Investigation authority, the Procuracy as stipulated in clause 5 of Article 55 and point h of clause 2 of Article 60 of this Law, the Chief Justice of the Court must assign a Judge to handle the case. Within 3 days from the assignment date, the Judge shall take the following actions:

a) If there is already a diversion plan in the case file, the Judge will make a decision to convene a meeting to review and decide the application of the community-based diversion measure, except when additional documents are needed;

b) If there is no diversion plan in the case file, the Judge will request the social worker to formulate a diversion plan in accordance with Article 58 of this Law. Within 3 days from the date receiving the diversion plan, the Judge will make a decision on convening a meeting to review and decide the application of the community-based diversion measure.

2. If the suspect is held in detention, the Chief Justice, Deputy Chief Justice will review and decide whether to continue with the detention or replace it with other preventive measures in accordance with this Law and the Criminal Procedure Code.

Preventive measure will apply until the Court discloses a decision on the application of the diversion measure.

3. The decision on convening a meeting, meeting participants, meeting opening time, meeting postponement, meeting minutes, and request for additional documents will comply with the corresponding regulations in Clauses 2, 3 and 4 of Article 64, Article 65, Clauses 4 and 5 of Article 66 and Article 67 of this Law.

4. Before the meeting begins, the meeting clerk shall check the presence of those requested by the Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the Judge for a decision on whether to proceed or postpone the meeting. The meeting procedure is conducted as follows:

a) The Judge shall open the meeting;

b) The representative of the requesting agency shall present the request;

c) The social worker shall present the Diversion plan;

d) The juvenile suspect, their representative, defense counsel shall present their opinions;

dd) Other participants shall present their opinions to clarify relevant issues;

e) e) The judge shall question the representative of the requesting agency, the juvenile suspect, their representative and other people attending the meeting to clarify relevant issues;

g) The juvenile suspect, their legal representative, and their defense counsel shall debate about relevant issues. The debate is conducted under the Judge's guidance. Participants have the right to respond to each other's opinions. The Judge must not limit the debate time, allowing participants to present their arguments fully; the Judge may request others to refrain from presenting irrelevant or repetitive arguments;

h) The prosecutor shall express their opinion;

i) The Judge shall decide whether to apply or not apply the community-based diversion measure or decide the application of the educational measure at reformatory if the juvenile is deemed eligible for educational measure at reformatory; resolve the issue of damage payment or asset seizure; and publish the content of the decision immediately at the meeting.

The decision on detention for the juvenile subject to the educational measure at reformatory shall comply with clause 6 of Article 66 of this Law.

5. Meetings to review and decide the application of the community-based diversion measure must be conducted in a friendly manner as stipulated in clause 3 of Article 60 of this Law.

6. Within 5 days from the date of announcing the decision on applying/not applying the diversion measure, the Court shall take the following actions:

a) Deliver the decision to the juvenile suspect, their legal representative; send it to the Procuracy of the corresponding level, the victim, the requesting agency;

b) Send the decision on applying the community-based diversion measure and a copy of the social investigation report to the People's Committee at the commune where the juvenile resides;

c) Send the to the civil judgment-enforcing agency at the same level as the Court that issued the decision;

d) Send the decision on applying the educational measure at reformatory and a copy of the social investigation report to the criminal judgment enforcement agency of a district-level Police where the juvenile resides;

e) Return the case file to the Investigation authority, the Procuracy that made the request in cases of refusal for further case resolution in accordance with Criminal Procedure Code and this Law.

Section 3. Procedures for reviewing, deciding the application of educational measures at reformatory

Article 63. Procedures for reviewing, deciding the application of educational measures at reformatory

1. The Court shall review and decide to apply the educational measure at reformatory in the following cases:

a) Upon requested by the Investigation authority or the Procuracy as specified in point c of clause 4 of Article 55 and point h of clause 2 of Article 60 of this Law;

b) If the juvenile is deemed eligible for application of educational measure at reformatory by the Court in accordance with this Law.

2. Immediately upon receiving the request, along with the case file from the Investigation authority, the Procuracy as stipulated in point a of clause 1 of this Article 55, the Chief Justice of the Court must assign a Judge to handle the case.

3. If the suspect is held in detention, the Chief Justice, Deputy Chief Justice will review and decide whether to continue with the detention or replace it with other preventive measures in accordance with this Law and the Criminal Procedure Code.

Preventive measure will apply until the Court public a decision on the application of the educational measure at reformatory.

Article 64. Decision on convening a meeting for reviewing, deciding the application of educational measures at reformatory

1. Within 7 days from the date of assignment in accordance with clause 2 of Article 63 of this Law, or during the adjudication preparation phase as specified in point b of clause 1 of Article 63 of this Law, the Judge must make a decision to convene a meeting to review and decide the application of the educational measure at the reformatory, except as provided in Article 65 of this Law.

2. Decision on convening a meeting must include:

a) Date of issuance, name of the issuing Court;

b) Date, place of the offline/online meeting;

c) Full name, date of birth, gender, personal identification number, place of residence of the juvenile suspect;

d) Full name, place of residence of the representative of the juvenile suspect;

dd) Name of the requesting agency;

e) Full name of the Judge, meeting clerk;

g) Full name of the procurator participating in the meeting;

h) Full name, place of work (if any) of the defense counsel;

i) Full name, place of work (if any) of the social worker;

k) Full name of the interpretation (if any);

l) Full name of other people required to participate in the meeting (if any).

3. Meeting participants include:

a) Meeting conductors: Judge; Meeting clerk;

b) Meeting attendees: representative of the requesting agency, Prosecutor participating in the meeting;

c) Others: the juvenile suspect, their legal representative, defense counsel; social worker; victim (if any);

d) When necessary, the Investigation authority, Procuracy, Court may request experts such as appraisers, interpreters, translators, medical, psychological, educational, social work experts, representatives of educational institutions, vocational education institutions where the juvenile suspect studies, representatives of agencies and organizations where the juvenile suspect works, representatives of the Vietnam Fatherland Front Committee at the commune level, member organizations of the Front where the juvenile suspect resides, and other people to attend the meeting.

4. The decision on convening the meeting must be sent to the individuals specified in point c of clause 3 of this Article, the requesting agency, and the Procuracy of the corresponding level immediately after the decision is issued. The meeting to review and decide the application of the educational measure at reformatory must be organized within 5 days from the date of issuing the decision to convene the meeting.

Article 65. Request for additional documentation

1. The Judge shall request the Investigation authority, Procuracy to provide additional documentation in cases where the case file is unclear or contradictory and requires clarification.

2. The request must specify the documents needing supplementation and the reason for the request.

3. Within 5 days from the date of receiving the Court's request, the requested agency must send the supplemental documents to the Court. If the documents cannot be provided, a written response must be given, stating the reasons.

4. Within 5 days from the date of receiving the supplemental documents or from the expiration of the deadline as prescribed in clause 3 of this Article, if the requested agency fails to provide the documents, the Judge will issue a decision to convene a meeting to review and decide the application of the educational measure at reformatory.

Article 66. Meeting for reviewing, deciding the application of educational measures at reformatory

1. Before the meeting begins, the meeting clerk shall check the presence of those requested by the Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the Judge for a decision on whether to proceed or postpone the meeting.

2. The meeting procedure is conducted as follows:

a) The Judge shall open the meeting;

b) The representative of the requesting agency shall present the request;

C) The juvenile suspect, their representative, defense counsel shall present their opinions;

d) The social worker participates in the meeting shall present the social investigation report;

dd) Other participants shall present their opinions to clarify relevant issues;

e) The judge shall question the representative of the requesting agency, the juvenile suspect, their representative and other people attending the meeting to clarify relevant issues;

g) The juvenile suspect, their legal representative, and their defense counsel shall debate about relevant issues with the representative of the requesting agency. The debate shall be conducted under the Judge's guidance. Participants have the right to respond to each other's opinions. The Judge must not limit the debate time, allowing participants to present their arguments fully; the Judge may request others to refrain from presenting irrelevant or repetitive arguments;

h) The prosecutor shall express their opinion;

i) The Judge shall decide whether to apply or not apply the educational measure at reformatory and announce the decision content immediately at the meeting.

3. Meetings to review and decide the application of the educational measure at reformatory must be conducted in a friendly manner as stipulated in clause 3 of Article 60 of this Law.  

4. The Court may postpone the meeting in the following cases:

a) The representative of the requesting agency is absent;

b) The interpreter is absent, and there is no immediate replacement available;

c) The juvenile suspect or their representative is absent for the first time with a valid reason.

5. The meeting must not be postponed for more than 05 days from the date of issuance of the postponement decision. The postponement decision must be promptly sent to those present at the meeting; sent to the Procuracy of the corresponding level and the absent individuals within 3 days from the date of issuance.

6. The Judge shall decide to hold the juvenile in detention until the district-level criminal judgment enforcement agency of a district-level police hands them over to the reformatory if:

a) The juvenile is currently detained but it is deemed necessary to continue with the detention to ensure the implementation of the educational measure at reformatory;

b) The juvenile is not held in detention, but there are grounds to believe they may flee or commit further offenses.

Article 67. Minute of meeting for reviewing, deciding the application of educational measures at reformatory

1. The minutes of the meeting to review and decide the application of the educational measures at reformatory must clearly record the date and location of the meeting; participants in the meeting; the content and proceedings of the meeting; the decision of the Judge.

2. After the meeting, the Judge must review the minutes, and together with the Clerk, sign the minutes.

Article 68. Handling of cases where the Court does not apply the educational measure at reformatory

1. If the Court does not accept the request from the Investigation authority, Procuracy to apply the educational measure at reformatory, the Court shall return the case file to the Investigation authority, Procuracy to continue resolving the case as per the provisions of the Criminal Procedure Code and this Law.

2. If the Court convenes a meeting to review and decide the application of the educational measure at reformatory but decides not to apply this measure to the juvenile suspect, the Court will proceed to resolve the case in accordance with the Criminal Procedure Code and this Law.

Section 4. COMPLAINT AND PETITION AGAINST DECISION ON APPLYING DIVERSION MEASURES

Article 69. Persons with rights to file complaints and petitions against decisions on applying diversion measures

1. When there are grounds to believe that the decision on applying diversion is against the law, the rights to file petitions shall be exercised as follows:

a) The Investigation authority participating in the meeting to review and decide the application of diversion measures has the right to file a petition against decision on applying/not applying diversion measures of the Procuracy, Court;

b) The Procuracy at the same level has the right to file a petition against decision on applying/not applying diversion measures of the Court, except as prescribed in clause 6 of Article 151 of this Law.

2. Suspects who are juveniles, victims, their legal representatives have the right to complain about the decision on applying/not applying diversion measures if there are grounds that the decision is against the law, infringing on their lawful rights and interests.

Article 70. Time limit for complaints and petitions

The time limit for filing a complaint and petition is 5 days from the date of publication or receipt of the decision on applying/not applying diversion measures.

In cases of force majeure or objective obstacles preventing the exercise of the right to file a complaint within the specified time limit, the time period due to such force majeure or objective obstacles shall not be included in the complaint deadline.

Article 71. Authority and time limit for resolving complaints and petitions

1. Complaints against decisions on applying/not applying diversion measures made by the Deputy Head of the Investigation authority are reviewed and resolved by the Head of Investigation authority within 3 days from the date of receiving the complaints.

Complaints against decisions on applying/not applying diversion measures made by the Deputy Head of the Investigation authority are reviewed and resolved by the Chief Procurator of the Procuracy within 3 days from the date of receiving the complaints.

2. Complaints, petitions against decisions on applying/not applying diversion measures made by the Deputy Chief Procurator of the Procuracy are reviewed and resolved by the Chief Procurator of the Procuracy within 3 days from the date of receiving the complaints, petitions.

Complaints, petitions against decisions on applying/not applying diversion measures made by the Chief Procurator of the Procuracy are reviewed and resolved by the Head of the immediate superior Procuracy within 05 days from the date of receiving the complaints, petitions.

Complaints, petitions against decisions on applying/not applying diversion measures made by the Deputy Head of the provincial Procuracy are reviewed and resolved by the Head of the Supreme People’s Procuracy within 10 days from the date of receiving the complaints, petitions.  

3. Complaints, petitions against decisions on applying/not applying diversion measures made by the Judge are reviewed and resolved by the Procurator General of the Supreme People’s Procuracy within 03 days from the date of receiving the complaints, petitions.  

Complaints, petitions against decisions on applying/not applying diversion measures made by the Judge who is currently the Chief Justice are reviewed and resolved by the Chief Justice of the immediate superior Court within 07 days from the date of receiving the complaints, petitions.  

Article 72. Resolving complaints and petitions

1. Within the time limit prescribed in Article 71 of this Law, the person with authority to resolve complaints and petitions must make one of the following decisions:

a) Accepting the complaint or petition and cancelling the decision on applying diversion measures to continue resolving the case in accordance with the Criminal Procedure Code and this Law;

b) Accepting the complaint or petition and cancelling the decision on not applying/applying diversion measures and requesting the competent authority or person to reopen the meeting to review and decide the application of diversion measures.

Within 5 days from the date of receiving the decision to resolve the complaint or petition, the competent authority, person must reopen the meeting to review and decide the application of diversion measures;

c) Rejecting the complaint, petition and keeping the applicable decision on applying/not applying diversion measures.

2. Within 3 days from the date of issuance of the decision, the person with authority to resolve complaints and petitions must send the decision to resolve the complaint or petition to the person who filed it, the Procuracy of the same level, the juvenile and their legal representative, and the criminal judgment enforcement agency of a district-level police where the juvenile is residing in cases specified in points a and b of clause 1 of this Article.

3. The decision to resolve the complaint or petition is legally effective and final.

4. If the case file and the conclusion of the investigation for charges have been transferred to the Procuracy, the person with authority to resolve complaints as stipulated in clause 1 of Article 71 of this Law shall make a decision to suspend the settlement of the complaint.

If the case file and the charge have been transferred to the Procuracy, the person with authority to resolve complaints and petitions as stipulated in clause 2 of Article 71 of this Law shall make a decision to suspend the settlement of the complaint, petition.

Chapter V

ENFORCEMENT OF DECISION ON APPLYING DIVERSON MEASURES

Section 1. ENFORCEMENT OF DECISION ON APPLYING COMMUNITY-BASED DIVERSION MEASURES

Article 73. Responsibilities of agencies, organizations, individuals in enforcement of the decision on applying the diversion measure

1. The People's Committee of the commune where the person serving diversion measure resides has the following tasks and powers:

a) Organize the enforcement of decisions to apply diversion measures;

b) Determine the list of supervisors for the enforcement of decisions to apply diversion measures locally; appoint individuals directly supervising the enforcement of decisions to apply diversion measures;

c) Direct the organization of vocational training programs, employment, counseling programs, life skills development, medical and social services, community activities in the area to enable the participation of the person serving diversion measure;

d) Provide support to persons serving diversion measure to ensure that they receive all of the priority rights and preferential policies of the State for juveniles as regulated;

dd) Cooperate with political-social organizations, families, and agencies, organization where persons serving diversion measure study or work to monitor and educate them;

e) Direct the preparation of budget estimates for implementing diversion measures and submit them to competent authorities for decision;

g) Report to the presiding authorities that have issued the decision on applying diversion measures on the results of application of diversion measures;

h) Organize training for supervisors enforcing the decision on applying diversion measures or assign them to participate in training programs;

i) Other tasks and powers in accordance with law.

2. The Commune-level police offices shall act as a focal point to assist the Commune-level People's Committee in carrying out the tasks and powers outlined in this clause and the following tasks and powers:

a) Prepare and manage records on the enforcement of decisions on applying diversion measures;

b) Propose to the President of the commune-level People’s Committee the list of supervisors for enforcing decisions on applying diversion measures in the local area based on the following priority order: social workers; commune-level social work collaborators; representatives of the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, or reputable persons in the community, good ethics, conditions, capabilities, and experience in educating and assisting juveniles;

c) Propose to the Chairperson of the People's commune-level People's Committee the assignment of individuals directly supervising the enforcement of decisions on applying diversion measures;

d) Cooperate with the individuals directly supervising the enforcement of decisions on applying diversion measures, families, agencies, organizations, and individuals in managing, educating, and assisting persons serving community-based diversion measure;

dd) Provide guidance and assistance to persons serving community-based diversion measures in  carrying out procedures for, permanent/temporary residence registration, stay registration, temporary absence declaration, issuance, replacement of ID cards; monitor their presence at their residence, changes in residence of persons serving community-based diversion measure;

e) Receive persons serving  community-based diversion measure transferred from elsewhere to stay or reside temporarily during their absence from their residence, changes in residence, and assess and evaluate their legal compliance during their stay;

g) Periodically or upon request, compile data, assess the situation, and report the progress and results of enforcing decisions on applying diversion measures within their jurisdiction to the President of the commune-level People’s Committee and the competent authority;

h) Other tasks and powers in accordance with law.

3. Relevant agencies, organizations, individuals shall have the following tasks and powers:

a) Cooperate with the competent authorities, families in enforcing decisions on applying diversion measures;

b) Implement applied diversion measures or provide necessary services to support persons serving community-based diversion measure;

c) Assist and enable persons serving community-based diversion measures in fulfilling their obligations;

d) Assess the compliance and effectiveness of the diversion measures applied to persons serving diversion measures and propose solutions (if any) to the individuals directly supervising the enforcement of decisions on applying diversion measures.

4. The enforcement of decisions on applying diversion measures of damage payment of the Investigation authority, Procuracy is regulated as follows:

a) Commune-level civil judgment-enforcing agencies shall enforce decision of the Investigation authority, the Procuracy at the same level;

b) The provincial-level civil judgment-enforcing agencies shall enforce decisions from the Investigation authority, the Procuracy at the same level or from the Investigation Authorities of the Ministry of Public Security, Ministry of National Defense, or the Supreme People's Procuracy;

c) The procedures for enforcement of decisions as stipulated in this clause are carried out in accordance with laws on enforcement of civil judgments.

5. The agency that issued decisions on applying diversion measures is responsible for monitoring the enforcement of those decisions.

6. The Government shall elaborate clauses 1, 2, 3, and 4 of this Article.

Article 74. Calculation of the implementation duration of decisions on applying diversion measures

1. The implementation duration of decisions on applying diversion measures specified in clauses 1, 2, 3, 4, 5, 6, 7, 8, and 11 of Article 36 of this Law shall start from the date the person serving community-based diversion measure is present at the commune-level People's Committee headquarters to receive notification regarding the implementation of the decision on applying measures.

2. The implementation duration of decisions on applying diversion measures specified in clauses 9, 10 of Article 36 of this Law shall start from the date the educational institutions, vocational education, medical establishments or organizations eligible to provide psychological treatment or counseling.

Article 75. Selection and replacement of persons directly supervising enforcement of decision on applying diversion measures

1. Immediately upon receiving the decision on applying diversion measures, the President of the commune-level People’s Committee shall transfer this decision to the Commune-level Police to carry out the assigned tasks within their jurisdiction.

2. Within 3 working days from the date of receiving the decision on applying diversion measures, the Commune-level Police shall, based on the conditions and circumstances of the person serving community-based diversion measure, the capacities, and workloads of individuals on the list specified in point b of clause 1 of Article 73 of this Law, propose candidates for direct supervision of the enforcement of the decision on applying diversion measures in the following priority order:

a)  Social workers;

b) Commune-level social work collaborators;

c) Representatives of the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, or reputable persons in the community, good ethics, conditions, capabilities, and experience in educating and assisting juveniles.

3. Upon receiving the proposal from the Commune-level Police, the President of the commune-level People’s Committee shall appoint person directly supervising the enforcement of the decision on applying diversion measures. One supervisor may be appointed to directly supervise multiple individuals but not more than 03 persons at the same time.

This decision must be promptly sent to the Commune-level Police, the person directly supervising the enforcement of the decision on applying diversion measures, the person serving community-based diversion measure, and their legal representatives.

4. During the supervision, if the supervisor is unable to continue performing their duties or does not complete the assigned tasks, the Commune-level Police must promptly propose a replacement, report to the President of the commune-level People’s Committee for consideration and decision.

5. The Government shall elaborate this Article.

Article 76. Notification of the enforcement of the decision on applying diversion measures  

1. Within 2 working days from the date of appointing the person directly supervising the enforcement of the decision on applying diversion measures, the President of the commune-level People’s Committee shall summon the person serving community-based diversion measure; invite their representative, the supervisor, the Commune-level Police, and representatives of relevant agencies, organizations, and individuals to notify them about the enforcement of the decision on applying diversion measures.

2. The notification includes:

a) Rights and obligations of persons serving community-based diversion measure;

b) Person directly supervising enforcement of decision on applying diversion measures and their responsibilities;

c) Responsibilities of the relevant agencies, organizations, individuals and families in enforcement of the decision on applying the diversion measure.

3. The notification of the enforcement of decision on applying diversion measures must be documented and kept in the records.

Article 77. Commitment of persons serving community-based diversion measure

1. The person serving community-based diversion measure must make a commitment regarding fulfillment of obligations specified in clause 2 of Article 23 of this Law and send it to the person directly supervising enforcement of decision on applying diversion measures.

2. The commitment of the person serving community-based diversion measure must include the opinions of their father, mother, or guardian.

Article 78. Responsibilities of families in enforcement of the decision on applying the diversion measure

1. Encourage and motivate persons serving community-based diversion measures to comply with the law and fulfill their obligations.

2. Implement specific measures to manage, educate, and assist the persons serving community-based diversion measures in their daily activities, education, and work; encourage and enable their participation in cultural, vocational, community activities, counseling programs, and life skills development (if any) at their place of residence.

3. Cooperate with the commune-level People's Committee, the person directly supervising enforcement of decision on applying diversion measures, local organizations, and associations in managing, educating, and assisting the persons serving community-based diversion measures.

4. Report the results of enforcement of decision on applying diversion measures to the person directly supervising the enforcement thereof and the commune-level People's Committee when requested.

5. Cooperate with educational institutions, vocational education institution, and organizations where the person serving community-based diversion measure is studying or working to manage, encourage, and assist them.

6. Parents or guardian of the person serving community-based diversion measure are responsible for payment of damages as stipulated by law.

7. Be present when the competent person drafts a report on breach of obligations of the person serving community-based diversion measure as per the regulations in clause 1 of Article 82 of this Law.

Article 79. Responsibilities and power of the person directly supervising enforcement of decision on applying diversion measures

1. The person directly supervising enforcement of decision on applying diversion measures shall have the following responsibilities:

a) Formulate and organize plan for enforcement of decisions on applying diversion measures;

b) Request the person serving community-based diversion measure to write a commitment as stipulated in Article 77 of this Law.;

c) Provide guidance to persons serving community-based diversion measure on their rights and obligations;

d) Cooperate with relevant agencies and organizations in enabling the participation of the persons serving community-based diversion measure in appropriate and life-stabilizing cultural, vocational activities;

dd) Contact and introduce persons serving community-based diversion measure to participate in available life skills classes and cultural, social and sports activities in their local area;

e) Cooperate with agencies, organization, families in supervising enforcement of decisions on applying diversion measures;

g) Cooperate with the Commune-level Police and relevant individuals in advising the President of the commune-level People’s Committee on enforcement of decisions on applying diversion measures;

h) Monitor, supervise, and urge the enforcement of decisions on applying diversion measures;

i) Assess the situation and results of enforcement of decisions on diversion measures monthly;

k) Timely report to the President of the commune-level People’s Committee on any behaviors, violations against the law of the person serving community-based diversion measures to have appropriate prevention, management, and educational measures;

l) Report to the President of the commune-level People's Committee on any breaches of obligations by the person serving community-based diversion measures and cooperate with the Communal Police to record the violations.

m) Report to the President of the commune-level People's Committee for review and preparation of an application for an extension of the obligation fulfillment period, a change in the diversion measures, or an early termination of the application of diversion measures; if the diversion measures are deemed inappropriate or implementation is challenging, propose solutions or adjust plans, and report to the President of the commune-level People's Committee for a decision;

n) Report the results of enforcement of decisions on applying diversion measures to the President of the commune-level People's Committee;

o) Other responsibilities in accordance with law.

2. The person directly supervising enforcement of decision on applying diversion measures shall have the right to participate in training programs to improve their skills, knowledge, and experience in educating and assisting juveniles

3. The Government shall elaborate this Article.

Article 80. Formulation of plan for enforcement of decisions on applying diversion measures

1. Within 5 working days from the date of receiving the assignment decision, the person directly supervising enforcement of the decision on applying diversion measures must draft a plan for enforcement of the decision  on applying diversion measures for approval from the President of the commune-level People's Committee.

2. The plan for enforcement of the decision on applying diversion measures must include:

a) The applied diversion measures;

b) Support services that need to be implemented to address risk factors, causes and conditions for violations against the law of the person serving community-based diversion measures;

c) Agencies, organizations, individuals responsible for enforcement of the decision on applying the diversion measure; necessary support service providers; agencies, organizations and individuals responsible for cooperation;

d) The start and end dates for enforcing the decision applying diversion measure, support services;

dd) Other activities to enforce the decision on applying diversion measures.

3. Within 5 working days from the date of receiving the draft plan for enforcement of the decision on applying diversion measures, the President of the commune-level People's Committee must approve the plan.

The plan must be sent to the person serving community-based diversion measure, their representative, relevant agencies, organizations, individuals, and the Commune-level Police for inclusion in the records of enforcement of the decision on applying measures.

4. The Government shall elaborate this Article.

Article 81. Resolving cases where the person serving community-based diversion measure is absent from/changes place of residence

1. The person serving community-based diversion measure may be absent from their place of residence with a valid reason, must submit a leave request, and obtain the consent of the President of the commune-level People's Committee; and must make a temporary absence declaration as per laws on residence. In cases of refusal, a written response must be given, stating the reasons.

The duration of absence from the place of residence each time must not exceed 10 days, and the total duration of absence must not exceed one-third of the term of duty, except in cases of illness requiring treatment at a medical establishment as prescribed by a doctor and must have confirmation of treatment from that medical establishment.

2. If the person serving community-based diversion measure must change his/her place of residence for legitimate reasons, he/she must submit an application and obtain the consent of the President of the commune-level People's Committee assigned to enforce the decision on applying diversion measures.

Within 05 working days from the date of receipt of the application of the person serving commune-level diversion measure, the commune-level People's Committee shall cooperate with relevant units and the commune-level People's Committee where the person is transferred to in inspecting, verifying and deciding the change of residence of that person. In case of approving the change of residence, the commune-level People's Committee assigned to enforce the decision on applying diversion measure must issue a written notice to the applicant and a document transferring the dossier on enforcement of the decision on applying diversion measure to the commune-level People's Committee where the applicant is transferred to continue to organize the enforcement in accordance with this Law; in case of refusal, a written notice must be given stating the reasons.

The person serving community-based diversion measure after transfer to a new place of residence must immediately report to the police at the commune where they are transferred to.

3. The document transferring the dossier on execution of the decision applying diversion measure prescribed in Clause 2 of this Article must also be sent to the agency that issued the decision applying diversion measure.

Article 82. Handling of cases where person serving diversion measure breaches obligations

1. If the person serving community-based diversion measure breaches the obligations specified in Clause 2 of Article 23 of this Law, the person directly supervising enforcement of the decision on applying diversion measures must cooperate with the commune-level police in preparing a report on the breach of obligations.

The preparation of report must involve the participation of the person serving community-based diversion measure and their representative. The report must be promptly sent to the President of the commune-level People's Committee to request an extension of the deadline for fulfilling the obligation or a change in the diversion measure.

2. The person serving community-based diversion measure who intentionally breaches the obligation once during the obligation fulfillment period may have the deadline extended for fulfilling the obligation, except for cases of damage payment specified in Clause 3 of Article 42 of this Law.

3. The person serving who intentionally breaches obligations once during the extended obligation fulfillment period or intentionally breaches obligations multiple times during the obligation fulfillment period may change their community-based diversion measure to an educational measure at reformatory.

4. The Government shall elaborate this Article.

Article 83. Extension of time limits for fulfilling obligations

The time limit for performing obligations may be extended once. To be specific:

1. The extension period for individuals under 18 years of age at the time of the violation shall not exceed half of the original obligation fulfillment period applied.

2. The extension period for individuals from 18 years of age at the time of the violation shall be equal to the original obligation fulfillment period applied.

Article 84. Procedures for extension of time limits for performing obligations

1. Within 3 working days from the date of receiving the violation report, the President of the commune-level People's Committee must prepare an application for extension of time limits for performing obligations and send it to the authority that issued the decision on applying diversion measure.

2. The application for extension of time limits for performing obligations includes:

a) Application from the President of the commune-level People's Committees;

b) Report from the person directly supervising enforcement of decision on applying diversion measures;

c) Report on breach of obligations;

d) Other relevant documents.

3. Within 03 working days from the date of receiving the application from the President of the commune-level People's Committee, the authority that issued the decision on applying diversion measure must review, decide the extension of time limits for performing obligations. For complex cases, this deadline may be extended, but not exceeding 5 working days.  In case of refusal, a written response must be given, stating the reasons.

4. The extension decision shall come into force from the date on which it is signed. This decision is not subject to complaint or petition and must be promptly sent to the person serving community-based diversion measure, their representative, and the President of the commune-level People's Committee who made the application.

Article 85. Change in diversion measures

1. Cases of changing the diversion measure include:

a) The person serving community-based diversion measure may have their current measure changed to a different community-based diversion measure if the current measure is considered not suitable due to the objective reasons.

b) Persons serving community-based diversion measure who fall under cases specified in clause 3 of Article 82 of this Law.

2. The change of the diversion measure specified in point a of Clause 1 of this Article shall only be carried out once.

Article 86. Procedures for changing the current community-based diversion measure to another community-based diversion measure

1. Immediately after there are grounds specified in point a of Clause 1, Article 85 of this Law, the person directly supervising the enforcement of the decision on applying diversion measure must report to the President of the commune-level People's Committee. Within 3 working days from the date of receiving the report, the President of the commune-level People's Committee shall prepare an application on changing the current community-based diversion measure to a different current community-based diversion measure and send it to the authority issuing the decision on applying diversion measure.

2. The application for changing the diversion measure includes:

a) Application from the President of the commune-level People's Committees;

b) Report from the person directly supervising enforcement of decision on applying diversion measures;

c) Other relevant documents.

3. Within 3 days from the date of receiving the application, the Head, Deputy Head of the investigation authority, Director, Deputy Director of the Procuracy or Judge that issued the decision on applying diversion measure must review and change the diversion measure. In case of refusal, a written response must be given, stating the reasons.

4. Upon deciding to change the redirection measure, the authority issuing the decision on applying diversion measure must review and decide the appropriate time limit for implementing the diversion measure and the time limit for performing obligations.

5. The decision on changing the diversion measure shall come into force from the date on which it is signed and replace the previously issued decision on applying diversion measure. This decision is not subject to complaint or petition and must be promptly sent to the person serving community-based diversion measure, their representative, and the President of the commune-level People's Committee who made the application.

Article 87. Procedures for changing the current community-based diversion measure to educational measure at reformatory

1. Within 3 working days from the date of receiving the violation report, the President of the commune-level People's Committee shall prepare an application for reviewing and changing the current community-based diversion measure to educational measure at reformatory and send it to the district-level People's Court where the person serving the community-based diversion measure resides.

2. The application for changing the diversion measure includes:

a) Application from the President of the commune-level People's Committees;

b) Report from the person directly supervising enforcement of decision on applying diversion measures;

c) Report on breach of obligations;

d) Copy of the dossier on enforcement of the decision on applying diversion measure;

dd) Other relevant documents.

3. Immediately upon receiving the application, the Chief Justice of the Court must assign a Judge to handle the case. Within 3 working days from the assignment date, the Judge shall take the following actions:

a) If the application is adequate, issue a decision to convene a meeting;

b) If the request file is unclear or inadequate, request the application to provide additional documents. The applicant must submit the requested additional documents within 03 working days from the date of receiving the request.  If the documents cannot be provided, a written response must be given, stating the reasons.

Within 5 working days from the date of receiving the additional documents or from the expiration of the deadline as prescribed in this clause, if the applicant fails to provide the documents, the Judge will issue a decision to convene a meeting to review and change the current community-based diversion measure to educational measure at reformatory.

4. Decision on convening a meeting must include: date of decision, full name of the Court issuing the decision; full name, position, and agency of the applicant; full name of the Judge, Clerk of the meeting, date, location of the meeting (in-person or online); full name, date of birth, gender, personal identification number, place of residence of the person serving community-based diversion measure; name of the authority issuing the decision on applying diversion measure; the name of the applied diversion measure.

This decision must be sent to the individuals specified in point c of clause 5 of this Article, the applicant, and the Procuracy of the corresponding level immediately after the decision is issued.

5. Meeting participants include:

a) Meeting conductors: Judge; Clerk;

b) Meeting attendees: applicant or their representative, Prosecutor participating in the meeting;

c) Other participants: the person serving community-based diversion measure; their representative; the person protecting their legal rights and interests (if any); the person directly supervising the enforcement of the diversion measure;

d) When necessary, the Court may request interpreters, translators, medical, psychological, educational, social work experts, representatives of educational institutions, vocational education institutions, representatives of agencies and organizations, representatives of the Vietnam Fatherland Front Committee at the commune level, member organizations of the Front where the person serving community-based diversion measure studies, works and resides, and other people to attend the meeting.

6. The meeting to review and change the current community-based diversion measure to educational measure at reformatory must be organized within 5 working days from the date of issuing the decision to convene the meeting.

7. The meeting procedure is conducted as follows:

a) Before the meeting begins, the clerk shall check the presence of those requested by the Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the Judge for a decision on whether to proceed or postpone the meeting.

b) The Judge shall open the meeting;

c) The applicant or the authorized person shall present the request to change the current community-based diversion measure to educational measure at reformatory;  

d) Other participants shall present their opinions to clarify relevant issues;

dd) The judge shall question the applicant or the authorized and other people attending the meeting to clarify relevant issues;

e) The prosecutor shall express their opinion;

g) The Judge shall accept or refuse the application for changing the current community-based diversion measure to educational measure at reformatory and announce the decision content immediately at the meeting.

8. All proceedings at the meeting are recorded in minutes and kept on file. The meeting minute must be signed by the Judge and the Clerk.

9. The court shall consider postponing the meeting when the applicant or authorized person is absent. The meeting must not be postponed for more than 05 working days from the date of issuance of the postponement decision. The postponement decision must be promptly sent to those present at the meeting; sent to the Procuracy of the corresponding level and the absent individuals within 03 working days from the date of issuance.

10. Decision on changing the current community-based diversion measure to educational measure at reformatory must include:

a) Number, date of issuance of the decision;

b) Name of the Court that issues the decision;

c) Full name of the Judge that issue the decision;

d) Full name, date of birth, gender, personal identification number, place of residence, occupation, educational level of the juvenile;

dd) Reasons, grounds for issuing the decision;

e) Decision on changing/not changing the current community-based diversion measure to educational measure at reformatory. In case of changing, the decision must include content regarding the suspension of the implementation of the previously issued decision on applying community-based measures;

g)  Responsibilities of agencies, organizations, individuals enforcing the decision;

h) Effect of the decision

i) Recipient of the decision.

11. Decision on changing the current community-based diversion measure to educational measure at reformatory shall come into force from the date which it is announced.

12. In cases of approving changing the current community-based diversion measure to educational measure at reformatory, within 07 days from the date of announcement, the Court must deliver the decision to the person serving community-based diversion measure, their representative, and send it to the applicant, the People's Procuracy at the same level, the agency issuing the previous decision on applying community-based diversion measure; send it to the criminal judgment enforcement agency of a district-level police where the person serving community-based diversion measure resides.

13. In case of refusal, the person serving the community-based diversion measure shall continue to serve the current diversion measure.

Article 88. Filing complaints, petitions and resolving complaints, petitions against decisions on changing/not changing the current community-based diversion measure to educational measure at reformatory

1. Within 05 working days from the date of receipt of the decision on changing/not changing the current community-based diversion measure to educational measure at reformatory, the person serving community-based diversion measure or their representative has the right to file complaint, and the People's Procuracy at the same level has the right to file petition against this decision.

2. Complaints, petitions against decision on changing/not changing the current community-based diversion measure to educational measure at reformatory made by the Judge are reviewed and resolved by the Chief Justice of the Court within 03 working days from the date of receiving the complaints, petitions.  

Complaints, petitions against decision on changing/not changing the current community-based diversion measure to educational measure at reformatory made by the Judge who is currently the Chief Justice are reviewed and resolved by the Chief Justice of the immediate superior Court within 07 days from the date of receiving the complaints, petitions.  

3. Within the time limit specified in point 2 of this Article, the competent Chief Justice of the Court must make one of the following decisions:

a) Accept the complaint or petition and cancel the decision on changing the current community-based diversion measure to educational measure at reformatory to continue implementation of the current community-based diversion measure.

b) Accept the complaint or petition and cancel the decision on not changing the current community-based diversion measure to educational measure at reformatory and issue a decision on changing the current community-based diversion measure to educational measure at reformatory;

c) Reject the complaints, petitions and keep the applicable decision on changing/not changing the current community-based diversion measure to educational measure at reformatory.

4. Within 3 working days from the date of issuance of the decision, the person with authority to resolve complaints and petitions must send the decision to resolve the complaint or petition to the person who filed it; application for changing the diversion measure; criminal judgment enforcement agency of a district-level police where the juvenile is residing for cases specified in points a and b of this clause 3 of this Article.

5. The decision to resolve the complaint or petition is legally effective and final.

Article 89. Early termination of serving diversion measures

1. The person serving community-based diversion measure specified in clauses 4, 5 and 6 of Article 36 of this Law, who has served half of the term of serving the measure and made considerable progress, may be eligible early termination of serving this diversion measures.

2. The Government shall elaborate this Article.

Article 90. Procedures for early termination of serving diversion measures

1. If the person serving community-based diversion measure falls under cases specified in Article 89 of this Law, the person directly supervising the enforcement of the decision on applying diversion measure shall report to the President of the commune-level People's Committee to prepare an application for early termination of serving diversion measure and send it to the agency issuing the decision on applying diversion measures.

2. The application for early termination of serving diversion measures includes:

a) Application from persons serving community-based diversion measure;

b) Application from the President of the commune-level People's Committees;

c) Report from the person directly supervising enforcement of decision on applying diversion measures;

d) Other relevant documents.

3. Within 03 working days from the date of receiving the application for early termination of serving diversion measure, the agency that issued the decision on applying diversion measure must review and decide early termination of serving diversion measure. In case of refusal, a written response must be given, stating the reasons.

4. Decisions on early termination of serving diversion measures shall come into force from the date on which it is signed and not be subject to complaint or petition.

5. The decision on early termination of serving diversion measure must be promptly sent to the person serving community-based diversion measure, their representative, and the President of the commune-level People's Committee who made the application.

Article 91. Certification of completion of serving community-based diversion measure

1. 1. Within 05 working days before the end of the enforcement period of the decision on applying diversion measure or immediately after receiving the decision on early termination of serving diversion measure, the person directly supervising the enforcement of the decision on applying diversion measure shall prepare a summary report on the results of the completion of the diversion measure and send it to the President of the commune-level People's Committee.

2. On the last day of the implementation period of the diversion measure, the President of the commune-level People's Committee shall issue a certificate of completion of the community-based diversion measure to the person serving community-based diversion measure.

3. The certificate of completion of the community-based diversion measure shall be sent to the representative of the person serving community-based diversion measure and the agency that issued the decision on applying diversion measure.

The agency that issued the decision on applying diversion measure shall keep the certificate of completion of the community-based diversion measure in the case file in accordance with the law on archives.

4. The Government shall elaborate this Article.

Article 92. Suspension of enforcement of decision on applying diversion measures

1. Cases of suspension of enforcement of decision on applying diversion measures include:

a) The person serving community-based diversion measure who is prosecuted for another offense and is put in detention or subject to community sentence, or imprisonment;

b) Persons serving community-based diversion measure who have passed away;

c) Persons serving community-based diversion measure who suffer from a mental illness or other illness that causes loss of cognitive ability or ability to control behavior;

d) Persons serving community-based diversion measure who have their community-based diversion measure changed to educational measure at reformatory.

2. The suspension of enforcement of decision on applying diversion measures does not terminate the obligation to pay damages (if any).

3. If the person serving community-based diversion measure falls under cases specified in points a, b and c of clause 1 of this Article, the person directly supervising the enforcement of the decision on applying diversion measure shall report to the President of the commune-level People's Committee to notify the agency issuing the decision on applying diversion measures.

4. Immediately after receiving the notification, the agency that issued the decision on applying diversion measure shall issue a decision to suspend the enforcement of the decision on applying diversion measure.

5. The decision on suspension of enforcement of decision on applying diversion measures must be promptly sent to the person serving community-based diversion measure specified in point a of clause 1 of this Article, his/her representative and the commune-level People's Committees where he/she resides.

Section 2. ENFORCEMENT OF DECISION ON APPLYING EDUCATIONAL MEASURES AT REFORMATORY

Article 93. Requirements of facilities for reformatories

1. Reformatories must ensure that there are areas for housing, infirmary, cultural education, vocational training, recreation, communal activities, physical training, sports, libraries, and other necessary facilities that are arranged and designed to suit juveniles.

2. Accommodation must be cool in the summer, windproof in the winter, and environmentally hygienic. The minimum sleeping area for each reformatory inmate is 2.5 m2.

3. The Government shall elaborate this Article.

Article 94. Procedures for enforcement of decision on applying educational measures at reformatory

1. Within 03 working days from the date of receipt of the decision applying educational measures at reformatory, the criminal judgment enforcement agency of the district-level police where the juvenile resides must report to the criminal judgment enforcement management agency of the Ministry of Public Security to issue a decision to send the juvenile to a reformatory.

2. Within 03 working days from the date of report from the criminal judgment enforcement agency of the district-level police, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue and send a decision to send the juvenile to a reformatory to the criminal judgment enforcement agency of the district-level police.

3. Within 05 working days from the date of receipt of the decision of the criminal judgment enforcement management agency of the Ministry of Public Security, the criminal judgment enforcement agency of the district-level police shall prepare a dossier and deliver the juvenile to the reformatory. The dossier includes:

a) A copy of the decision on applying educational measures at reformatory;

b) Decision to send the juvenile to a reformatory;

c) The juvenile's resume certified by the commune-level People's Committee;

d) Personal identification statement;

dd) A copy of social investigation report (if any);

e) Other relevant documents (if any).

4. Upon receiving the juvenile, the Principal of the reformatory must check the dossier and make an admission record and organize a health check for him/her.  Within 05 working days from the date of receiving the juvenile, the Principal of the reformatory must notify the juvenile's representative of the admission.

5. Upon receiving the juvenile, the Principal of the reformatory must prepare the dossier of the juvenile. The dossier includes:

a) Documents specified in clause 3 of this Article;

b) Admission record of the juvenile;

c) Documents reflecting the results of implementation of educational measures at reformatory;

d) Other relevant documents during the juvenile's implementation of educational measures at reformatory.

Article 95. Postponement and suspension of serving educational measures at reformatory

1. The person serving educational measure at reformatory may postpone serving educational measures at reformatory in one of the following cases:

He/she is seriously ill, receiving intensive medical care or physically unable to move as certified by a hospital;

b) He/she has another plausible reason as certified by the head of the criminal judgment enforcement agency of the district-level police office.

2. For cases of postponement of serving educational measures at reformatory, the criminal judgment enforcement agency of a district-level police where the person serving educational measure at reformatory resides must prepare and submit an application to the Court that issued the decision on applying educational measures at reformatory for review and decision. The application includes:

a) An application from the person serving educational measure at reformatory or their representative;

b) The hospital's conclusion on the medical condition of the person serving educational measure at reformatory for the case specified in Point a of Clause 1 of this Article or the confirmation of the Head of the criminal judgment enforcement agency of the district-level police for the case specified in Point b of Clause 1 of this Article;

A guarantee of the representative of the person subject to educational measure at reformatory.

3. If a reformatory inmate is seriously ill, the Principal of the reformatory shall prepare a dossier and send an application to the district-level People's Court where the reformatory is located to review and decide suspension.

The application for suspension of serving the measure shall comply with clause 2 of this Article.

4. Within 05 working days from the date of receipt of the application for postponement or suspension of serving educational measures at reformatory, the competent Chief Justice of the Court shall review and decide.

5. Within 03 working days from the date of issuing the decision on postponement or suspension of serving educational measures at reformatory, the Court that issued the decision must send that decision to the following agencies, organizations and individuals:

a) The person whose educational measures at reformatory is postponed or suspended, and their representative;

b) The criminal judgment enforcement agency of the district-level police where the person whose educational measures at reformatory is postponed or suspended resides;

c) The Procuracy at the same level;

d) The reformatory, the Court that issued the decision on applying educational measures at reformatory in the case of suspension.

6. The criminal judgment enforcement agency of the district-level police where the person whose educational measures at reformatory is postponed or suspended resides is responsible for managing them during the postponement or suspension period.

Within 03 working days from the date of receiving the postponement or suspension decision, the criminal judgment enforcement agency of the district-level police, where the person whose educational measures at reformatory is postponed or suspended resides, must request that person to make a written commitment to strictly comply with the law and present himself/herself when requested, except in cases where he/she is seriously ill, receiving intensive medical care, or physically unable to move.

If the person whose educational measures at reformatory is postponed or suspended escapes, the criminal judgment enforcement agency of the district-level police where that person resides shall issue a pursuit decision and organize the pursuit and take him/her back to the reformatory and notify the Court that issued the postponement or suspension decision to issue a decision to cancel the issued postponement or suspension decision.

7. If the person whose educational measures at reformatory is postponed or suspended due to serious illness still uses health reasons to avoid serving even if he/she is showing sign of recovering or if he/she shows signs of mental illness or other illness that causes loss of cognitive ability or ability to control behavior, the criminal judgment enforcement agency of the district-level police where that person resides shall be request a medical assessment or a forensic mental assessment. The assessment costs shall be covered by the requesting agency.

8. When there is no longer a reason for postponement or suspension, the criminal judgment enforcement agency of the district-level police where the person whose educational measures at reformatory is postponed or suspended resides must notify the Court that issued the postponement or suspension decision to issue a decision to cancel the postponement or suspension decision and send that person to a reformatory.

9. If the person whose educational measures at reformatory is postponed or suspended dies, his/her family must immediately notify the People's Committee of the commune where he/she resides.  Immediately after receiving the notification, the commune-level People's must report to the criminal judgment enforcement agency of the district-level police.

Article 96. Suspension of enforcement of decision on applying educational measures at reformatory

1. Cases of suspension of enforcement of decision on applying educational measures at reformatory include:

a) Persons serving educational measures at reformatory, reformatory inmates who are prosecuted for another offense and is put in detention or subject to community sentence, or imprisonment;

b) Persons serving educational measures at reformatory, reformatory inmates who have passes away;

c) Persons serving educational measures at reformatory, reformatory inmates who suffer from a mental illness or other illness that causes loss of cognitive ability or ability to control behavior;

d) Canceling decisions on applying educational measures at reformatory, decisions on changing the current community-based diversion measure to educational measures at reformatory.

2. The suspension of enforcement of decision on applying educational measures at reformatory does not terminate the obligation to pay damages (if any).

3. When having one of the grounds specified in Clause 1 of this Article, the criminal judgment enforcement agency of the district-level police where the person subject to educational measures at a reformatory school resides, or the Principal of the reformatory, shall notify the competent Court specified in Clauses 2 and 3 of Article 95 of this Law to issue an enforcement suspension decision.

4. Immediately after receiving the notification, the competent Chief Justice of the Court shall issue a decision on suspension of enforcement of decision on applying educational measures at reformatory.

5. The decision on suspension of enforcement of decision on applying educational measures at reformatory must be immediately sent to the person serving educational measure at reformatory, the reformatory inmate in Points a and d of Clause 1 of this Article, their representative, the criminal judgment enforcement agency of the district-level Police, the reformatory, the Procuracy at the same level, and the Court that issued the decision on applying educational measures at reformatory.

Article 97. Handling of cases where the person serving educational measures at reformatory or the reformatory inmate escapes

1. Cases where the person serving educational measures at reformatory or the reformatory inmate escapes shall be handled as follows:

a) If the person serving educational measures at reformatory escapes, the criminal judgment enforcement agency of the district-level police where that person resides shall issue a pursuit decision and organize the pursuit;

b) If the reformatory inmate escapes, the principal of the reformatory shall issue a pursuit decision and organize the pursuit;

2. People's Committees and police authorities at all levels shall cooperate in organizing pursuit and arresting the escapee.

3. Upon detecting the escapee:

a) The person who detects the escapee shall report to the nearest police authority or People's Committee or arrest and bring them to these agencies to be taken to the nearest criminal judgment enforcement agency of the district-level police. Upon receiving the escapee, the criminal judgment enforcement agency of the district-level police must prepare a record regarding this matter, take testimonies of, manage such person and immediately inform the agency that issued the pursuit decision so they can send someone to receive the escapee. In cases of requiring detainment of the escapee, the head of criminal judgment enforcement agency of the district-level police shall issue a decision on detaining such person in the detention room of the district-level police. The detention period shall not exceed 03 days from the date of detention and shall be included in the period of serving educational measure at reformatory.

The testimonies must be quickly and promptly taken, and may involve the participation of their representatives or social workers;

b) Immediately after receiving the notification, the agency that issued the pursuit decision must send someone to receive the escapee, immediately take him/her to the reformatory, and report to the criminal judgment enforcement management agency of the Ministry of Public Security;

c) The handover and receipt of the escapee must be recorded in the report.

4. The duration when an inmate escapes shall not be included in the period of serving educational measures at reformatory. The escapee shall serve the remaining time limit of educational measures at reformatory.

5. The Government shall elaborate this clause 4 of this Article.

Article 98. Management of reformatory inmates

1. Reformatory inmates shall be supervised and managed by officers and teachers of reformatories and strictly comply with the schools' internal regulations. Officers and teachers of the reformatory must be knowledgeable about psychology or have experience in solving problems related to juveniles.

2. Depending on the reformatory inmates' age, gender, education as well as the nature and severity of their offenses, reformatories shall divide reformatory inmates into groups and classes and assign teachers to directly take charge of them.

3. The Government shall elaborate this Article.

Article 99. Execution of transfer orders

1. Upon receiving a written request of a competent procedural agency, person for transfer of a reformatory inmate, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue a transfer order.

2. When necessary to transfer a reformatory inmate for educational or medical examination and treatment purposes, the principal of the reformatory shall issue a transfer order.

3. A transfer order must include:

a) Agency, full name, position and rank of the issuer;

b) Full name, date of birth, registered place of residence of the inmate to be transferred;

c) Purpose and length of transfer;

d) Agency, organization, person receiving the transferred inmate (if any);

dd) Date of issuance of the order; signature and seal of the issuer.

4. The competent agency shall receive the transferred reformatory inmate and return him/her to the reformatory within the time limit indicated in the transfer order, and make a report of the handover and receipt. Costs of travel and accommodation of transferred reformatory inmates shall be covered by the state budget, unless the reformatory inmates are sent to their families for medical treatment as prescribed by the law.

5. The transfer period shall be included in the period of serving educational measures at reformatory.

6. The Government shall elaborate this Article.

Article 100. Cultural education, career education, vocational training and labor

1. Reformatory inmates shall be provided with cultural education, career education, vocational training as prescribed by the Government.

Reformatories shall arrange teachers and organize cultural education for students. If the school is unable to arrange teachers to teach cultural subjects according to applicable regulations, they shall cooperate with other educational institutions to organize and link online classes for inmates. Opening online classes must ensure safety and avoid discrimination and negative impact to all inmates.

2. Reformatories shall cooperate with vocational education institution to provide vocational training for inmates.

3. Outside of school hours, inmates from 15 years old must participate in labor according to the plan organized by the reformatory. Reformatories must arrange work that is appropriate to the age and health of inmates to ensure normal physical development, not assign heavy, dangerous, or toxic work, and ensure occupational safety and hygiene.

The labor time of a reformatory inmate must not exceed his/her learning time. The learning and labor time of a reformatory inmate must not exceed 7 hours per day and 35 hours per week.

Reformatory inmates' labor fruits shall be used for improving their living and learning conditions and transferred to the meal fund, community integration fund, or commendation fund of reformatory inmates.

4. Reformatory inmates are entitled to days off being Saturdays, Sundays and public holidays as specified by law.

5. The Government shall elaborate this Article.

Article 101. Cultural, artistic, entertainment and recreational activities

1. After learning, vocational training or laboring hours, reformatory inmates may participate in cultural activities, art performances, sports and physical exercise, read books and newspapers, watch television and other recreational activities organized by reformatory.

2. Outside the time spent participating in educational activities, studying, working, and communal activities, students practicing religion are allowed to use published scriptures in printed form that are distributed legally and manifest their faith of religion or folk belief as stipulated by the law on religion or folk belief.

3. Inmates are encouraged to develop their talents and strengths in music, painting, literature, arts, physical education, and sports.

4. The Government shall elaborate this Article.

Article 102. Examination, assessment and grading of reformatory inmates and organization of exams

1. Reformatories shall organize examination, assessment and grading of their reformatory inmates and organize term, year-end and grade exams, exams for selection of excellent reformatory inmates or other exams.

2. Grade books, academic transcripts, dossiers and forms relevant to the learning of reformatory inmates shall be made according to forms uniformly set by the Ministry of Education and Training.

3. The Department of Education and Training, Office of Education and Training where the reformatory school is located shall issue cultural education certificates; vocational education institutions shall issue vocational training certificates for reformatory inmates.

4. The Government shall elaborate this Article.

Article 103. Meals and clothing of reformatory inmates

1. Reformatory inmates are entitled to standard rations of rice, vegetable, meat, fish, egg, sugar, fish sauce, cooking oil, monosodium glutamate, salt, fuel and some other necessary goods.

On public holidays and the Tet holiday, reformatory inmates shall be provided with higher food rations not exceeding five times the normal daily one.

Reformatory inmates shall be provided with hygienic food and drink.  Meals for ill, diseased or injured reformatory inmates shall be prescribed by physician assistants or doctors.

2. Annually, reformatory inmates shall be provided with clothing and other items for daily-life use; female reformatory inmates will be provided with additional items necessary for their personal hygiene. Reformatory inmates participating in labor and vocational training are provided with additional clothing and protective equipment.

3. The Government shall elaborate this Article.

Article 104. Lodging conditions and daily-life items of reformatory inmates

1. Depending on the gender, age, personal characteristics, nature and severity of offense of each reformatory inmate, the reformatory shall arrange a suitable lodging place for him/her in a communal room.

2. Reformatory inmates shall be provided with mats, curtains, pillows, blankets and may use their personal items in daily life activities, except those prohibited in the reformatory. Items necessary for daily life activities of reformatory inmates shall be lent or provided by the reformatory.

3. The Government shall elaborate this Article.

Article 105. Healthcare for reformatory inmates

1. Reformatory inmates shall be given periodical health checks. Sick, diseased or injured reformatory inmates shall be treated in medical facilities of reformatories. For reformatory inmates whose illness, diseases or injuries are beyond the treatment capacity of their reformatories, their principals shall decide to send them to a state medical establishment. Medical examination and treatment cost shall be covered by reformatories.

If there is a medical establishment that is capable of treating students and voluntarily provides free medical examination and treatment, the Principal of the reformatory shall make the decision.

2. Medical examination and treatment cost specified in clause 1 of this Article shall be covered by the state budget. Cost of detoxification or treatment of drug-addicted or HIV/AIDS-affected reformatory inmates shall comply with the law. For reformatory inmates allowed to leave reformatories for medical treatment with their families, their families shall pay medical examination and treatment costs.

3. The Government shall elaborate this Article.

Article 106. Handling of cases in which reformatory inmates die

1. In case a reformatory inmate dies, the principal of his/her reformatory shall promptly notify such to the district-level Investigation Authority and Procuracy of the place where the reformatory inmate dies for identifying the causes of the death and concurrently notify such to his/her relatives.

2. After obtaining permission of the Investigation Authority and Procuracy for burial, the reformatory shall organize the burial and report such to the criminal judgment enforcement management agency of the Ministry of Public Security for notification to the court that issued the decision on applying educational measure at reformatory. Burial costs shall be covered by the state budget. In case the relatives of the deceased have a request to receive the corpse, ashes or remains for burial and bear the costs themselves, the corpse of the deceased shall be handed over to their relatives. The burial shall be held in a way that ensures security and order and environment hygiene.

3. The Government shall elaborate this Article.

Article 107. Visits, correspondence and receipt of money, items and personal possessions of reformatory inmates

1. Reformatory inmates may meet their relatives at places of reception in their reformatories and strictly comply with regulations on visits.

2. Reformatory inmates may contact their relatives within the country by phone or via video call using electronic devices, under the supervision of teachers of the reformatory school and at their own expense.

3. Reformatory inmates may send and receive letters, presents, objects, except liquor, beer, cigarettes, other stimulants and prohibited articles and materials. Reformatories shall check letters and presents before they are sent or received by reformatory inmates. Reformatory inmates shall deposit their money or valuable papers at their reformatories for management and use under regulations of the reformatory

4. The Government shall elaborate this Article.

Article 108. Handling of cases of students in mourning

1. When there is a family funeral of: father, mother, biological child, direct caregiver and there is a guarantee application from relatives confirmed by the commune-level People's Committee where the student resides, the Principal of the reformatory may consider allowing the student to return home for no more than 05 days, excluding travel time. The period of returning home shall be included in the period of serving educational measures at reformatory.

2. When allowing inmates to return home, relatives' representatives shall come to pick up the students and write a commitment to manage the students during the time they are at home and ensure that the students shall return to the reformatory within the specified time limit.

3. After the time allowed returning home ends, the inmate must voluntarily return to the reformatory to continue implementing the measure. If not, the Principal of the reformatory school will bring them back; if the inmate escapes, the Principal of the reformatory will issue a pursuit decision.

Article 109. Emulation classification of reformatory inmates

1. Emulation classification of reformatory inmates includes 4 categories: excellent, good, average, poor.

2. Reformatory schools must classify students’ emulation by month, quarter, year.

3. The Government shall elaborate this Article.

Article 110. Early termination of serving educational measures at reformatory

1. Reformatory inmates who have served half of the term of educational measures at reformatory and are classified as good or higher may have their educational measures at reformatory terminated ahead of time if they fall into one of the following cases:

a) Actively studying and making progress;

b) Having made achievements.

2. The principal of the reformatory shall prepare and submit an application to the district-level People's Court where the reformatory is located for review and decision on early termination of educational measure at reformatory. The application must include:

a) An application of the reformatory inmate;

b) Written request of the reformatory;

c) A copy of the decision on applying educational measures at reformatory;

d) Emulation classification result;

dd) A written comment on active studying and making progress or a document or material showing the student's achievements confirmed by a competent authority;

e) Other relevant documents.

3. Within 03 working days from the date of receipt of the application of the Principal of the reformatory, the Chief Justice of the Court shall review and decide to early terminate the serving of educational measures at reformatory for inmates. In case of refusal, a written response must be given, stating the reasons.

4. Decisions on early termination of serving educational measures at reformatory shall come into force from the date on which it is signed and not be subject to complaint or petition. This decision must be immediately sent to the inmate, their representative, the reformatory, the Court that issued the decision on applying educational measures at reformatory, the Procuracy at the same level, and the criminal judgment enforcement management agency of the Ministry of Public Security.

5. Immediately after receiving the decision, the Principal of the reformatory must announce and carry out the procedures for discharging the reformatory inmate.

Article 111. Commendation and handling of violations of reformatory inmates

1. Reformatory inmates who have strictly observed the law and internal regulations of reformatories, with good or better learning results or merits, are entitled to the following forms of commendation under decisions of principals:

a) Commending, awarding certificates of merit, giving gifts;

b) Participating in field trips organized by the reformatory;

c) Being entitled to family reunions at the school for a day;

d) Increasing the frequency of communication via telephone or video calls using electronic means with relatives within the country.

2. Reformatory inmates who violate academic or labor discipline or engage in other behaviors that breach the internal regulations of the reformatory may be dealt with by the Principal of the reformatory school based on the nature and severity of the violation through one of the following measures:

a) Warning;

b) Criticism;

c) Suspension of some recreational activities for no more than 03 days.

3. The commendation decision or decision on handling violations shall be recorded in the student's dossier.

4. The Government shall elaborate this Article.

Article 112. Procedures for discharging reformatory inmates

1. Two months before the end of the term of serving educational at reformatory or immediately after receiving the decision on early termination of serving educational measures at reformatory, the principal of the reformatory shall notify in writing the commune-level People's Committee where the reformatory inmate will come to reside and his/her family of the date of discharge.

In case a reformatory inmate under 18 years of age completes the educational measure at reformatory but his/her parents and guardians are unknown, the reformatory shall contact the commune-level People's Committee where the school is located to request assistance, arrange accommodation, employment, and education; in case the commune-level People's Committee is unable to arrange accommodation for the inmate, the reformatory shall prepare a dossier on sending to a social protection facility in the local area where the reformatory is located.

2. On the last day of the term of educational measure at reformatory, the principal shall organize health check-up, issue a certificate of complete serving of the measure for the discharged reformatory inmate and send it to the criminal judgment enforcement management agency of the Ministry of Public Security, the court that issued the decision on applying educational measure at reformatory and the commune-level People's Committee of the place in which such reformatory inmate will come to reside.

3. Upon graduation, the inmate will receive their money, valuable papers, assets and belongings previously deposited at the reformatory, certificates of cultural education and vocational training issued during the time of serving educational measures at the reformatory; will be provided with travel fare and meal allowance for their return to their places of residence and 01 set of clothes. For a reformatory inmate who has made no considerable improvement by the expiration of the term of the educational measure at reformatory, the principal shall make a separate assessment and propose subsequent educational measures to be applied by the commune-level People's Committee and the criminal judgment enforcement agency of the district-level police where such person will come to reside.

4. For an under-16, sick or diseased reformatory inmate who has no relative coming to receive him/her on the date of discharge, the reformatory shall assign a person to bring him/her back to his/her family or hand him/her over to the commune-level People's Committee where he/she will come to reside.

5. Within 10 days after the date of discharge, the reformatory inmate who has completely served their measure shall report him/herself to the commune-level People's Committee where he/she comes to reside.

6. The Government shall elaborate this Article.

Article 113. Oversight of enforcement of educational measures at reformatory

1. When over sighting the enforcement of educational measures at the reformatory, the Procuracy has the following tasks and powers:

a) Request the criminal judgment enforcement agency of the district-level police where the person serving educational measure at reformatory resides, the reformatory shall self-inspect the enforcement of educational measures at reformatory and notify the Procuracy of the results; request the provision of dossiers and documents related to the enforcement;

b) Directly supervise the enforcement of educational measures at reformatory by the criminal judgment enforcement agency of the district-level police, the reformatory; supervise the dossiers on enforcement of educational measures at reformatory;

c) Request the criminal enforcement agency of the district-level police or reformatory to prepare and submit an application to the competent Court for review and decision on postponement, suspension, or early termination of enforcement of educational measures at reformatory, or an application to the criminal enforcement agency of the district-level police or reformatory school to notify the competent Court to suspend the enforcement of the decision on applying educational measures at reformatory;

 d) File petitions to the Court upon discovering violations related to the performance of tasks and powers of the Court during the enforcement of educational measures at reformatory;

dd) Protest, file petitions and request the criminal judgment enforcement agencies of the district-level police or reformatory upon discovering violations during the enforcement of educational measures at reformatory; request termination of the execution, amendment or annulment of unlawful decisions in enforcement of educational measures at reformatory; terminate illegal acts;

e) Oversight compliance with the law in handling complaints and denunciations regarding the enforcement of educational measures at reformatory as prescribed in Clause 2 of this Article;

g) Institute lawsuits or request Investigation Authorities to institute criminal lawsuits upon detecting signs of crime in the enforcement of educational measures at reformatory in accordance with law;

h) Perform other tasks, powers in enforcement of educational measures at the reformatory.

2. The Procuracy shall directing oversight handling of complaints and denunciations by Courts, the criminal judgment enforcement management agencies, and the criminal judgment enforcement agencies.

When over sighting the handling of complaints and denunciations in the enforcement of educational measures at reformatory, the Procuracy has the right to request the Court, the criminal judgment enforcement management agency, and the criminal judgment enforcement agency at the same or lower level to: issue documents to resolve complaints and denunciations; inspect the handling of complaints and denunciations within its jurisdiction and of lower levels; notify the Procuracy of the results of the settlement; provide dossiers and documents related to the settlement of complaints and denunciations to the Procuracy.

3. The responsibility for handling requests, proposals, appeals and petitions of the Procuracy on the enforcement of educational measures at reformatory is prescribed as follows:

a) Regarding the requests stipulated in point a of clause 1 of this Article, the criminal judgment enforcement agency of a district-level police, the reformatory, within 30 days from the date of receiving the request, must handle them. For cases requiring dossier preparation as prescribed in clause 3 of Article 94 of this Law, they must request the provision of dossiers, documents related to the enforcement of the judgment, and handle the requests immediately;

b) Regarding the proposals, petitions, and requests stipulated in points c, d, and dd of clause 1 of this Article, the criminal judgment enforcement agency of a district-level police, the reformatory, must respond in writing within 15 days from the date of receiving proposals, petitions, and requests;

a) Regarding the appeals stipulated in point dd of clause 1 of this Article, the criminal judgment enforcement agency of a district-level police, the reformatory, must respond in writing within 15 days from the date of receiving appeals; if they do not agree with the appeal, these agencies have the right to appeal to the immediate superior Procuracy; the immediate superior Procuracy must resolve the appeal within 15 days from the date of receipt of the appeal. The decision of the immediate superior Procuracy must be enforced.

Article 114. Complaints and denunciations in enforcement of educational measures at reformatory

1. Complaints and denunciations are made in accordance with the Law on Enforcement of Criminal Judgments.

2. The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy in elaborating this Article.

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