Chapter II
PROCEDURES FOR COMPILATION OF DOSSIERS PROPOSING TO APPLY ADMINISTRATIVE HANDLING MEASURES
Article 97. Compilation of dossier proposing to apply measure of education at communes, wards, district towns
1. The commune-level police chiefs of place where the violators are subjects specified in Article 90 of this Law are resident or place where they have acts violating law, shall decide on application of measure of education at communes, wards or district townships on their own or at the request of The commune-level Fatherland Front Committee presidents or representatives of agencies, organizations, residential units at grassroots.
2. In case the violators are directly detected, investigated, handled by district Police agencies or provincial Police in cases of violating law, but not liable to criminal prosecutions and in subjects specified in Article 90 of this Law, the Police agencies
3. Application dossier comprises curriculum vitae, the documents on law offenses committed by such person, medical record (if any), statement of violator and other related documents.
For minors who are considered to apply measure of education at communes, wards, district towns, the dossier must have remarks of schools, agencies, organizations where minors studying, working (if any), comments of his/her parents or guardian.
4. After finishing the application dossier specified in clauses 1,2 and 3 of this Article, agencies have made dossiers must send them to commune-level the Presidents of the People’s Committee, and notify to person subject to such application. For minors, compilation of such dossiers shall be notified to his/her parents or guardian. These persons are entitled to read dossier and take necessary content record within 05 days, after receiving notification.
Article 98. Decision on application of measure of education at communes, wards, district towns
1. Within 15 days, after receiving dossier proposing for application of measure of education at communes, wards, district towns, the commune-level Presidents of the People’s Committee assign civil status-judicial officer to examine dossier and organize a consulting meeting.
The commune-level President of the People’s Committee shall assume the prime responsibility for the consulting meeting with participation of chieft of commune-level police officer, civil status-judicial officer, the representatives of Fatherland Front Committee and some relevant social organizations at same level, local residents. The person subject to application of measure of education at communes, wards, district towns and his/her parents or guardian must be invited to take part in the meeting and express their opinions on measure application.
2. Within 03 days, after ending the consulting meeting specified in clause 1 of this Article, the commune-level Presidents of the People’s Committee shall consider to decide application of measure of education at communes, wards, and district towns. Depending on each subjects, the commune-level Presidents of the People’s Committee shall decide on handing the persons need be educated to agencies, organizations, their family for management and education; in case subjects have no stable residence, the social relief establishments or children assistance establishments shall be handed for management and education.
3. Decision on application of measure on education at communes, wards, district towns must clearly state the dates of issuance; the full name and positions of the decision issuers; the full names, date of birth and residence of the persons subject to education , the acts of law violation committed by such persons; clauses of legal documents to be applied, places where the violations are committed; the time limits for application, the date of execution; duties of agencies, organizations,family handed for education, management of persons subject to education ; rights to complaint, initiate lawsuits as prescribed by law.
4. The decision on application of measure of education at communes, wards, district towns shall take effect since day of signing and must be immediately sent to the persons subject to education , his/her family, the commune-level People’s Council and relevant agencies, organizations.
5. Dossiers of application of measure of Education at communes, wards, district towns must be filled in book of records and archived as prescribed by law on archive.
Article 99. Compilation of dossier proposing for application of measure sending to reformatories
1. Compilation of dossier proposing for application of measure sending to reformatories with respect to subjects specified in Article 92 of this Law shall be performed as follows:
a) For violators being minors with stable residence, the commune-level president of People’s Committee where such persons being resident, shall compile dossier proposing for application of measure sending to reformatories.
The proposal dossier comprises curriculum vitae, the documents on law offenses committed by violator, education measures have been applied; statement of violator, comments of his/her parents or legal representatives, comments of school, agency, organization where the minor studying or working (if any) and other related documents;
b) For violators being minors without stable residence, the commune-level president of People’s Committee where such persons committing acts violating law, shall compile dossier proposing for application of measure sending to reformatories.
The proposal dossier comprises record of offenses; curriculum vitae; documents on law offenses committed by violator, the extracts of previous judgments, previous incidents; education measures have been applied (if any); statement of violator, comments of his/her parents or legal representatives;
c) The commune-level police office shall help the President of the People’s Committee at same level to collect documents and compile the proposing dossier specified in point a and point b clause 1 of this Article.
2. In case the violator being minor who is directly detected, investigated, handled by district or provincial-level Police in cases of violating law, but not liable to criminal prosecutions and in subjects specified sending to reformatories as prescribed in Article 92 of this Law, the Police agency handling cases shall verify, gather documents and compile dossier proposing for application of measure sending to reformatories with respect to such person.
The proposal dossier comprises curriculum vitae; documents on law offenses committed by violator, education measures have been applied, statement of violator, comments of his/her parents or legal representatives;
3. After finishing the proposing dossier compilation specified in clauses 1 and 2 of this Article, agencies have made dossiers must notify to person being proposed for application, his/her parents or legal representatives about dossier compilation. These persons are entitled to read dossier and take necessary content record within 05 days, after receiving notification. After the applied person, his/her parents or legal representatives have read dossier, dossier shall be sent to the head of district-level Justice division.
Within 05 days, after receiving dossier, the head of district-level Justice Division shall examine legality of dossier and send it to the police head at same level.
Article 100. Consideration, decision for transferring dossier and proposing the district-level People’s Court for application of measure sending to reformatories
1. Within 07 days, after receiving dossier specified in Article 99 of this Law, the district-level Police head shall consider and decide on transferring dossier to suggest the district-level People’s Court to apply measure sending to reformatories; if dossier is not sufficient, it shall be re-transferred to agency having compiled to continue gathering documents for supplement of dossier.
2. The dossier proposing the district-level People’s Court for consideration and decision on application of measure sending to reformatories comprises:
a) Dossier proposing for application of measure sending to reformatories specified in Article 99 of this Law;
b) A written document of the district-level Police head on proposing for consideration on application of measure sending to reformatories.
3. Dossiers proposing application of measure sending to reformatories must be filled in book of records and archived as prescribed by law on archive.
Article 101. Compilation of dossier proposing application of measure sending to compulsory education establishments
1. Compilation of dossier proposing for application of measure sending to compulsory education establishments with respect to subjects specified in Article 94 of this Law shall be performed as follows:
a) For violators with stable residence, the commune-level president of People’s Committee where such persons being resident, shall compile dossier proposing for application of measure sending to compulsory education establishment.
The proposal dossier comprises curriculum vitae; documents on law offenses committed by violator, education measures have been applied, statement of violator or his/her legal representatives and other related documents;
b) For persons who are not resident in place acts of law violation have been committed, the commune-level President of the People’s Committee must verify; if residence is defined, such persons shall be transfer enclosed with violation record to his/her local for handling; if residence is not defined, such persons shall be compiled dossier proposing application of measure sending to compulsory education establishment.
The proposal dossier comprises record of offenses; curriculum vitae; documents on law offenses committed by violator, the extracts of previous judgments, previous incidents; education measures have beed applied (if any); statement of violator or his/her legal representatives;
c) The commune-level police office shall help the President of the People’s Committee at same level to gather documents and compile the proposing dossier specified in point a and point b clause 1 of this Article.
2. In case the violator being directly detected, investigated, handled by district or provincial-level Police in cases of violating law, but not liable to criminal prosecutions and in subjects spending to compulsory education establishments as prescribed in Article 94 of this Law, the Police agency handling cases shall verify, gather documents and compile dossier proposing for application of measure sending to compulsory education establishments with respect to such person.
The proposal dossier comprises curriculum vitae; documents on law offenses committed by violator, education measures have been applied, statement of violator or his/her legal representatives;
3. After finishing the proposing-dossier compilation specified in clauses 1 and 2 of this Article, agency has made dossiers must notify to person being proposed for application or legal representatives about dossier compilation. These persons are entitled to read dossier and take necessary content record within 05 days, after receiving notification. After the apllied persons or their representatives have read dossier, dossier shall be send to the head of district-level Justice division.
Within 05 days, after receiving dossier, the head of district-level Justice Division shall examine legality of dossier and send it to the police head at same level.
Article 102. Consideration, decision for transferring dossier and proposing the district-level People’s Court for application of measure sending to compulsory education establishments
1. Within 07 days, after receiving dossier specified in Article 101 and 118 of this Law, the district-level Police head shall decide on transferring dossier to suggest the district-level People’s Court to apply measure sending to compulsory education establishment; if dossier is not sufficient, it shall be re-transferred to agency having compiled to continue gathering documents for supplement of dossier.
2. The dossier proposing the district-level People’s Court for consideration and decision on application of measure sending to compulsory education establishments comprises:
a) Dossier proposing for application of measure sending to compulsory education establishments specified in Article 101 and 118 of this Law;
b) A written document of the district-level Police head on proposing for consideration on application of measure sending to compulsory education establishment.
3. Dossiers proposing application of measure sending to compulsory education establishments must be filled in book of records and archived as prescribed by law on archive.
Article 103. Compilation of dossier proposing application of measure sending to compulsory detoxification establishments
1. Compilation of dossier proposing for application of measure sending to compulsory detoxification establishments with respect to drug addicts specified in Article 96 of this Law shall be performed as follows:
a) For drug addicts with stable residence, the commune-level president of People’s Committee where such persons being resident, shall compile dossier proposing for application of measure sending to compulsory detoxification establishment.
The proposal dossier comprises curriculum vitae; documents proving the current drug addiction of such person, documents proving such person have been applied measure of education at communes, wards, district towns on act of drug addiction, statement of the violator or legal representatives and other related documents;
b) For drug addicts who are not resident in place acts of law violation have been committed by them, the commune-level President of People’s Committee must verify; if residence is defined, such persons shall be transfer enclosed with violation record to his/her local for handling; if residence is not defined, such persons shall be compiled dossier proposing application of measure sending to compulsory detoxification establishment.
The proposal dossier comprises violation record, curriculum vitae; documents proving the current drug addiction of such person, documents proving such person have been applied measure of education at communes, wards, district towns on act of drug addiction, statement of the drug addicts;
c) The commune-level police office shall help the President of the People’s Committee at same level to gather documents and compile the proposing dossier specified in clause 1 and clause 2 of this Article.
2. In case the violating drug addicts who is directly detected, investigated, handled by district or provincial-level Police in cases of violating law, are subjects sending to compulsory detoxification establishments as prescribed in Article 96 of this Law, the Police agency handling cases shall verify, gather documents and compile dossier proposing for application of measure sending to compulsory detoxification establishments with respect to such person.
The proposal dossier comprises curriculum vitae; documents proving the current drug addiction of such person, documents proving such person have been applied measure of education at communes, wards, district towns on act of drug addiction, statement of the violator or legal representatives;
3. After finishing the proposing-dossier compilation specified in clauses 1 and 2 of this Article, agency has made dossiers must notify to person being proposed for application or his/her legal representatives about dossier compilation. These persons are entitled to read dossier and take necessary content record within 05 days, after receiving notification. After the applied person or his/her legal representatives have read dossier, dossier shall be sent to the head of district-level Justice division.
Within 05 days, after receiving dossier, the head of district-level Justice Division shall examine legality of dossier and send it to the head of Labour, War Invalids and Social Affairs division at same level.
Article 104. Consideration, decision for transferring dossier and proposing the district-level People’s Court for application of measure sending to compulsory detoxification establishments
1. Within 07 days, after receiving dossier specified in Article 103 of this Law, the head of Labour, War Invalids and Social Affairs division shall decide on transferring dossier to suggest the district-level People’s Court to apply measure sending to compulsory detoxification establishment; if dossier is not sufficient, it shall be re-turned to agency having compiled to continue gathering documents for supplement of dossier.
2. The dossier proposing the district-level People’s Court for consideration and decision on application of measure sending to compulsory detoxification establishments comprises:
a) Dossier proposing for application of measure sending to compulsory detoxification establishments specified in Article 103 of this Law;
b) A written document of the head of Labour, War Invalids and Social Affairs division on proposing for consideration on application of measure sending to compulsory detoxification establishment.
3. Dossiers proposing application of measure sending to compulsory detoxification establishments must be filled in book of records and archived as prescribed by law on archive.
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