Part one
GENERAL PROVISIONS
Chapter I
SCOPE OF REGULATION AND BASIC RULES
Article 1. Scope
This Law provides diversion, penalties for juvenile delinquent; legal proceedings for juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges, crime victims, witness testifiers; enforcement of imprisonment sentences, community integration for juveniles; tasks, powers and responsibilities of agencies, organizations, individuals, families in juvenile justice.
Article 2. Application of Law on Juvenile Justice and relevant laws
Criminal information, filing of charges, settlement of criminal cases, diversion, enforcement of imprisonment sentences, community integration in respect of juveniles shall comply with this Law and Criminal Code, Criminal Procedure Code, Law on Enforcement of Criminal Judgments, and other laws that are not against this Law.
Article 3. Term interpretation
For the purposes of this Law, the terms below shall be construed as follows:
1. Juvenile delinquent means a person from 14 to under 18 years of age who commits crime specified in Criminal Code.
2. Accused juvenile means a person who is arrested, detainee, suspect, or defendant from 14 to under 18 years of age.
3. Juvenile victim means a person under 18 suffering from direct damage to his/her physical body or mentality and property that is impaired or threatened.
4. Juvenile witness testifier means a person under 18 that possesses knowledge of facts relating to the crime and lawsuit and receive competent procedural agencies' subpoena to testify.
5. Person serving diversion measure means a person who serves community-based diversion measures or persons who have to serve the educational measure in reformatory, reformatory inmates.
6. Representatives of a juvenile include:
a) Parents;
b) Guardian;
c) Person designated by the Court.
7. Juvenile justice means regulations on policies, measures to handle juveniles; juvenile-friendly procedures in diversion, criminal information, filing of charges, investigation, prosecution, adjudication, enforcement of imprisonment sentences, community integration; task, powers and responsibilities of relevant agencies, organizations, individuals.
8. Diversion measure means supervision, education, prevention measures for juvenile delinquents, including community-based diversion measures specified in clause 1 to 11 of Article 16 of this Law and educational measures at reformatory specified in clause 12 of Article 36 of this Law.
9. Diversion procedure means the procedure for considering, deciding enforcing diversion measures on juvenile suspects, defendants specified in this Law.
10. Social worker in juvenile justice (hereinafter referred to as “social worker(s)") means officials, public employees engaging in social work, individuals in charge of child protection affairs at the communal level, socio-cultural officials at the communal level, and other social workers in accordance with law.
11. Social investigation report (SIR) means a report made by social workers on information about identity, family relationships, living conditions, education, health history, maturity level of the juvenile, and other relevant information that may affect the delinquency of the juvenile suspect, defendant.
12. Diversion plan means a plan prepared by social workers to propose enforcement of community-based diversion measures, organization of assistance provision, and education of juveniles subject to community-based diversion measures.
Article 4. Funding, cost, support for juvenile justice
1. Funding for juvenile justice shall be covered by the state budget and other lawful funding in accordance with law.
2. The State budget shall cover the following:
a) Facilities for conducting juvenile-friendly legal proceedings;
b) Organization of the enforcement of electronic supervision measures;
c) Organization of enforcement of decision on community-based diversion measures;
d) Organization of enforcement of decision on educational measures at reformatory;
dd) Facilities of reformatories, separate prison, prison divisions, and areas for detention for juveniles; board and lodging, clothing, accommodation, daily necessities, medical care, cultural education, vocational education, job training, labor, cultural and artistic activities, and entertainment for reformatory inmates and juvenile inmates;
e) Expenditures of the National Fund for Vietnamese Children for juvenile justice;
g) Professional training and refresher training for social workers, person directly supervising enforcement of decision on applying diversion measures;
h) Expenses for social workers participating in legal proceedings, persons directly supervising the enforcement of decisions on applying diversion measures, persons assigned to help juveniles in community integration; expenses for medical, psychological, educational, sociological experts, representatives of educational institutions, vocational training institutions, representatives of the Vietnam Fatherland Front Committee, member organizations of the Front and other agencies, organizations and individuals participating in the process of resolving cases at the request of competent agencies and persons;
i) Other contents in respect of juvenile justice covered by the state budget accordance with relevant law.
3. Reformatories are allowed to accept material assistance from local authorities, domestic agencies, organizations, individuals, and foreign individuals and organizations to organize cultural education, career education, vocational training, and the purchase of learning and living supplies for students.
4. The Government shall elaborate this Article.
Article 5. Ensuring best interest
1. When resolving cases involving juveniles, their best interests must be ensured.
2. Juvenile delinquents shall only be prosecuted when necessary and primarily for educational purposes, aiming to assist them in correcting their mistakes, fostering healthy development, and becoming useful citizens to society.
3. The handling of Juvenile delinquent must be based on the criminal behavior, identity, age, level of maturity, their understanding of the societal harm caused by the offense, the reasons, conditions leading to the crime, and the requirements for crime prevention.
4. The safety of juveniles during legal proceedings, the enforcement of educational measures at reformatory, and the enforcement of imprisonment sentences shall be ensured in accordance with law.
5. Timely assistance must be provided to juveniles.
Article 6. Ensuring friendly legal proceedings
Legal proceedings must be simple, friendly, aligned with the psychological state, age, level of maturity, and cognitive abilities of the juveniles.
Article 7. Equal treatment
1. Ensuring fairness, non-discrimination, and equal treatment for juveniles.
2. Addressing the legitimate needs of juveniles regarding gender, juveniles who are ethnic minorities, and vulnerable populations.
Article 8. Right to be promptly and fully informed
Juveniles have the right to receive complete and timely information in simple, friendly, and understandable language regarding matters related to the resolution of cases.
Article 9. Ensuring right to have a representative
Juveniles are ensured the right to have a representative participates in the process of resolving cases.
Article 10. Fast and timely resolution
Cases involving juveniles must be resolved as quickly as possible, limiting extensions and prioritizing simplified procedures.
Article 11. Prioritizing application of diversion measures
1. The diversion measures are prioritized for Juvenile delinquents at all stages, including investigation, prosecution, and adjudication.
2. The application of diversion measures must be aligned with the interests of Juvenile delinquents and the community.
Article 12. Penalty application
1. The penalties imposed on Juvenile delinquents primarily aim to educate them on respecting and obeying the law and ethical standards, guiding their lifestyles, preventing further offenses, and serving as a deterrent against crime.
2. The court shall only impose penalties on Juvenile delinquents if the diversion measures are deemed ineffective as deterrents. In cases where penalties must be applied, priority is given to warnings, fines, community sentence, and suspended sentences.
3. Juvenile delinquents are not subject to life imprisonment or the death penalty.
4. The court shall only impose definite imprisonment on Juvenile delinquents if the diversion measures are deemed ineffective as deterrents.
5. Upon being imposed a definite imprisonment, juvenile delinquents shall receive a lighter sentence than what applies to adult offenders for corresponding crimes, with the shortest appropriate term.
6. Juvenile delinquents are not subject to additional penalties.
7. The sentence pronounced against Juvenile delinquents, if falling under the following cases, is not considered when determining recidivism or dangerous recidivism:
a) Offenders from 14 to 16 years of age;
b) Offenders from 16 to 18 years of age who involuntarily commit a less serious crime, serious crime or very serious crime;
Article 13. Ensuring confidentiality of personal privacy
1. The confidentiality of personal privacy of juveniles must be respected and protected throughout the process of receiving and handling criminal information, prosecution, investigation, adjudication, diversion, sentence enforcement, and community integration.
2. The court conducts private hearings for criminal cases involving juveniles who are victims of gender-based violence or in other special cases requiring the protection of juveniles.
3. Juvenile victims or witnesses participating in legal proceedings must be provided with an isolated room or other protective measures.
Article 14. Right to defense, rights to receive legal aid, interpretation
1. Accused juveniles must have a defender.
2. Competent procedural agencies, persons shall notify and explain to the accused juvenile and ensure that they fully carry out their right to defense in accordance with law.
3. Juveniles participating the criminal procedures shall receive free legal aid and interpretation.
Article 15. Minimizing the application of preventive measures, coercive measures
1. Preventive measures and coercive measures shall only apply to juveniles when deemed necessary.
2. Temporary detainment and detention shall only apply to juveniles when there are grounds proven that other measures are not effective.
Competent procedural agencies, persons must regularly supervise, review, and inspect the custody, detention of juveniles; if there are no longer grounds or necessity for temporary detainment, detention, a decision must promptly be made to cancel it and replace it with other preventive measures.
Article 16. Specialization in juvenile justice
Investigators, prosecutors, and judges handling cases involving juveniles must be individuals who have been trained, educated, or have experience in investigating, prosecuting, and adjudicating cases related to juveniles, or have the necessary understanding of the psychology and educational sciences of juveniles.
Article 17. Ensuring and respecting right to participate, express opinions
1. Juveniles have the right to participate and express opinions on issues concerning their rights and obligations throughout the legal proceedings. Their opinions must be respected and not deemed unreliable solely because of their age. The fact that a juvenile does not admit guilt shall not be used as grounds for holding them to a higher level of liability.
2. Competent procedural agencies, persons must listen to the opinions, wishes, and concerns of juveniles in a manner appropriate to their age, gender, level of maturity, and development.
Article 18. Ensuring the effect of decision on applying diversion measures
1. An effective decision on applying diversion measures must be respected by agencies, organizations, and individuals; strictly implemented by relevant agencies, organizations, individuals.
2. Agencies, organizations, individuals, within their jurisdiction shall cooperate and implement request of competent agencies and individuals in enforcement of decision on applying diversion measures.
Article 19. Ensuring appropriate enforcement of educational measures at reformatory, enforcement of imprisonment
1. During the enforcement of educational measures at reformatory, enforcement of imprisonment sentences, juveniles must be protected, educated, rehabbed, and reintegrated into the community.
2. Reformatories, prisons must provide facilities that are suitable for the age, gender, and development of juveniles.
3. Juveniles serving imprisonment shall be held in prisons, prison divisions, and designated areas for detention of juvenile inmates.
Article 20. Ensuring community reintegration
1. Ensure favorable conditions for juvenile individuals to complete educational measures in reformatories and reintegrate into the community after completing imprisonment, maintain stable lives, and prevent further offenses:
2. Ensure participation from agencies, organizations, individuals and families in community reintegration in accordance with law.
3. Strictly prohibit discrimination and prejudice against juveniles who have completed educational measures at reformatory or imprisonment.
Chapter II
RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS, INDIVIDUALS IN JUVENILE JUSTICE
Article 21. Rights and obligations of juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges
1. Juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges have the following rights and obligations:
a) Rights and obligations in accordance with Criminal Procedure Code;
b) Having a representative participating in legal proceedings;
c) Receiving support from medical, psychological, educational, and sociological experts if necessary;
d) Being provided with complete and timely information in simple, friendly, and understandable language regarding matters related to resolving cases;
dd) Being ensured confidentiality of personal privacy throughout the process of resolving cases;
e) Receiving legal aid in accordance with law;
g) Receiving notification and explanation regarding rights and obligation prescribed in this Law;
h) Other rights and obligations in accordance with this Law.
2. In addition to right and obligations specified in clause 1 of this Article, juveniles who are suspects, defendants shall also have the following rights and obligations:
a) Requesting application of Diversion measures;
b) Receiving assistance from social worker during legal proceedings;
c) Complaining about decision on applying Diversion measures.
Article 22. Rights and obligations of juveniles who are victims, witnesses
1. Juveniles who are victims shall have the following rights and obligations:
a) Rights and obligations in accordance with Criminal Procedure Code;
b) Having a representative participating in legal proceedings;
c) Receiving support from medical, psychological, educational, and sociological experts if necessary;
d) Being provided with complete and timely information in simple, friendly, and understandable language regarding matters related to resolving cases;
dd) Being ensured confidentiality of personal privacy throughout the process of resolving cases;
e) Receiving legal aid in accordance with law;
g) Receiving notification and explanation regarding rights and obligation prescribed in this Law;
h) Receiving assistance from social worker during legal proceedings;
i) Receive recompense and assistance in accordance with this Law and relevant laws;
k) Complaining about decision on applying Diversion measures.
l) Other rights and obligations in accordance with this Law.
2. Juveniles who are witnesses shall have rights and obligations specified from point a to g of this Article and other rights and obligations in accordance with this Law.
Article 23. Rights and obligations of persons serving diversion measure
1. Persons serving diversion measure have the following rights:
a) Receiving notification and explanation regarding rights and obligation prescribed in this Law;
b) Being provided with opportunities for work, education, job orientation, vocational training; Participate in counseling and life skills development programs;
c) Expressing wishes and proposals with the President of the commune-level People's Committee; the person directly supervising the enforcement of decisions on applying diversion measures; the Principal, officials, and teachers at the reformatory;
d) Being ensured confidentiality of personal privacy throughout the implementation of Diversion measure;
dd) Being granted a certificate of the completion of diversion measures;
e) Being provided with guidance on procedures for temporary absence declaration, permanent residence registration, temporary residence registration when complying with decision on applying community-based diversion measures.
2. Persons serving diversion measure have the following obligations:
a) Complying with decision on applying Diversion measures;
b) Complying with the law, internal regulation of place of residence, study, or work;
c) Undergoing supervision and education by competent agencies, organizations, or individuals during the implementation of diversion measures;
d) Reporting on the compliance with diversion measures when requested;
dd) Appearing before competent authorities when required during the implementation of decisions applying community-based diversion measures.
3. Other rights and obligations in accordance with law.
Article 24. Rights and obligations of juveniles who are inmates
1. Rights and obligations in accordance with Law on Enforcement of Criminal Judgments.
2. Being ensured confidentiality of personal privacy during imprisonment;
3. Being provided with appropriate cultural education in accordance with education laws.
4. Participating in cultural, artistic, physical, sports, and recreational activities suitable for their age and gender that are organized by the prison that are suitable for their age and gender.
5. Receiving notification and explanation regarding rights and obligation prescribed in this Law.
6. Other rights and obligations in accordance with this Law.
Article 25. Determining the age of juveniles who are accused persons, victims
1. The age of juveniles who are accused persons, victims shall be determined by competent procedural agencies, persons in accordance with law. The age shall be determined based on: Notice of Birth, Birth certificate, 9-digit Identity card, 12-digit Citizen identity card, 12-digit Identity card, Identity certificate, Passport or information in the national population database, other specialized databases.
In case documents, records, or information in the databases mentioned above are contradictory, unclear, or lacking, the competent procedural agencies, persons must cooperate with the family, legal representatives, relatives, educational institutions, vocational training institutions, Ho Chi Minh Communist Youth Union, or other relevant organizations and individuals where the person studies, works, or resides to verify, clarify contradiction, or find other valuable documents or records proving their age.
2. In cases where legal measures have been applied but the exact date of birth cannot be determined, the date of birth shall be determined as follows:
a) If the month is determined but the date is not, the last day of that month shall be chosen as the birth date.
b) If the quarter is determined but the date and month are not, the last day of the last month in that quarter shall be chosen as the birth date.
c) If the half of the year is determined but the date and month are not, the last day of the last month in that half year shall be chosen as the birth date.
d) If the year is determined but the date and month are not, the last day of the last month in that year shall be chosen as the birth date.
3. In cases where the birth year cannot be determined, an examination must be conducted to ascertain the age.
Article 26. National Council of Juvenile Justice
1. The National Council of Juvenile Justice is established by the Prime Minister. The Prime Minister shall determine the members of the National Council of Juvenile Justice established by the Prime Minister based on request of the standing body of the Council.
2. The National Council of Juvenile Justice shall operate based on an inter-sectoral coordination mechanism. Members of the National Council on Juvenile Justice shall perform assigned tasks and powers and work part-time.
3. The National Council of Juvenile Justice shall have the following tasks and powers:
a) Instructing and urging ministries, central authorities to resolve matters regarding juvenile justice;
b) Proposing solutions to implement matters related to juvenile justice;
c) Cooperating with agencies of the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front and its member organizations, social organizations, and socio-professional organizations in implementing juvenile justice;
d) Instructing and urging ministries, central authorities to report to the National Assembly on the results of performing tasks related to juvenile justice in the annual work report;
dd) Instructing and urging social work related to juvenile justice; instructing the disclosure of the list of social workers in juvenile justice, and providing professional training and refresher training for social workers in juvenile justice;
e) Giving instruction on statistics, information, and reports on juvenile justice;
g) Other task requested by the Prime Minister and competent authorities.
4. The Government shall elaborate this Article.
Article 27. Standing body of National council of juvenile justice
1. The Standing body of National council of juvenile justice is the Ministry of Public Security.
2. The Standing body shall have the following tasks and powers:
a) Providing assistance to the National Council of Juvenile Justice in carrying out their tasks and powers;
b) Submitting annual report on the operation of the Council to the Government;
c) Other tasks and powers specified in this Law and relevant laws.
3. The Government shall elaborate this Article.
Article 28. Responsibilities of competent procedural agencies, persons
1. Competent procedural agencies, persons shall complying with regulations on diversion, penalties, legal proceedings, and have other responsibilities in accordance with law; ensure lawful rights and interests of juveniles.
2. Competent procedural agencies, persons shall provide necessary information about the process of diversion, the legal proceedings, and the exercise of rights and obligations for the participants in the legal proceedings who are juveniles, their representatives, defenders, and protectors of their lawful rights and interests.
Article 29. Presiding officers
1. Investigators, Prosecutors and Judges engaging in juvenile justice must satisfy one of the following conditions:
a) Having completed training, refresher training in skills for resolving cases involving juveniles;
b) Having experience in investigating, prosecuting, and adjudicating cases involving juveniles;
c) Having completed training, refresher training in psychology and educational sciences of juveniles;
2. The adjudication panel participating in the first-instance adjudication of cases involving juveniles must include at least one person who is a teacher, a member of the Ho Chi Minh Communist Youth Union, or an individual with experience working in fields of justice, management, training, protection, care or education of juveniles, or someone trained in psychology and educational sciences of juveniles.
Article 30. Responsibilities of the Vietnam Fatherland Front and its member organizations
1. The Vietnam Fatherland Front and its member organizations, within their jurisdiction, shall encourage union members, association members, and people of all walks of life to implement this Law; participate in supervision and social criticism in the field of juvenile justice.
2. The Vietnam Fatherland Front shall encourage its member organizations to support, assist, and protect the lawful rights and interests of juveniles in juvenile justice.
Article 31. Responsibilities of other agencies, organizations, individuals
1. Other agencies, organizations, individuals shall have the following responsibilities:
a) Closely and promptly cooperating with competent procedural agencies, persons;
b) Assisting, enabling execution of rights and obligations of juveniles;
c) Cooperating and exchanging information with competent procedural agencies, persons;
d) Provide assistance to juveniles in community reintegration, vocational training, and employment when they reach working age;
dd) Other tasks in accordance with Law.
2. Representatives, defenders, and protectors of the lawful rights and interests of juveniles; representatives of educational institutions, vocational training institutions, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and other relevant agencies, organizations, and individuals must be present and fully participate in legal proceedings and other activities in accordance with the decisions or requests of competent agencies and individuals.
3. Reformatories and prisons shall ensure compliance with regulations on enforcement of educational measures at reformatory, enforcement of imprisonment, community reintegration, and other responsibilities as prescribed by law; and ensure the lawful rights and interests of juveniles.
Reformatories and prisons shall improve the competence of officials and teachers in management and education skills that are appropriate to juveniles.
4. Legal aid-providing organizations and Bar Federations shall provide legal aid assistants and lawyers with refresher training and guidance on skills to defend and protect lawful rights and interests of juveniles and legal aid skills for juveniles.
Article 32. Social workers
1. Social workers in juvenile justice must satisfy the following conditions:
a) Having knowledge about laws on juveniles;
b) Having completed training and refresher training in psychology and educational sciences of juveniles or having experience, understanding of juvenile psychology, or having skills of communication with juveniles.
2. Social workers participating in juvenile justice shall have the following tasks and powers:
a) Formulating social investigation reports and diversion plans;
b) Participating in providing appropriate support and intervention to juveniles when requested;
c) Participate in meetings and trials as prescribed by this Law;
d) Participating in the enforcement of decisions on applying community-based diversion measures and community integration for juveniles in accordance with the law;
d) Being reimbursed for expenses when participating in juvenile justice in accordance with the law;
dd) Other tasks and powers in accordance with this Law.
3. Social workers shall participate in juvenile justice cases on a case-by-case basis.
4. A social worker may provide support to multiple accused persons or multiple victims but may not assist both the accused person and the victim in the same case.
5. Provincial People's Committees shall disclose the list of social workers in juvenile justice in their area.
Article 33. Responsibilities of families
1. Parents, caregivers of juveniles and other family members shall have the following responsibilities:
a) Complying with the law and decisions of competent authorities and individuals in juvenile justice;
b) Regularly communicate with responsible agencies, organizations, and individuals for guidance and assistance in implementing decisions on applying diversion measures and community reintegration for juveniles;
c) Comply with decisions, measures, and regulations of competent authorities, individuals to ensure the safety, protection of life, health, dignity, honor, property, personal privacy, other lawful rights and interests of juveniles.
2. 2. Parents or guardians of juveniles shall participate in the process of resolving the case; select a defender, protector of lawful rights and interests, or defend and protect the lawful rights and interests of juveniles in the legal proceedings in accordance with law.
3. Parents or guardians of accused juveniles are responsible for paying damages and fulfilling other responsibilities as prescribed by law.
Tìm kiếm
Luật Tư pháp người chưa thành niên 2024 (Bản Word)
Luật Tư pháp người chưa thành niên 2024 (Bản Pdf)
