Chương II Luật xử lý vi phạm hành chính 2012: Các biện pháp thay thế xử lý vi phạm hành chính đối với người chưa thành niên

Chapter II

MEASURES REPLACED FOR THE HANDLING OF ADMINISTRATIVE VIOLATIONS FOR MINORS

Article 138. Measures replaced for handling of administrative violations

Measures replaced for the handling administrative violations for minors include:

1. Reminding;

2. Managing at home.

Article 139. Reminding

1. Reminding is a measure replaced for handling administrative violations in order to point out violations committed by minors, it is implemented with respect to minors committing acts of administrative violations which as prescribed by law, they must be sanctioned administrative violations, if there are the following conditions:

a) The administrative violations according to regulation must be sanctioned warnings;

b) The violating minors have voluntarily reported their violations, honestly repenting their violations.

2. Based on provisions on clause 1 of this Article, the persons competent to impose sanctions shall decide application of reminding measure.

The reminding is implemented in speech, on the spot.

Article 140. Management at home

1. The management at home is a measure replaced for handling of administrative violations to apply with minors under subjects specified in clause 3, Article 90 of this Law when having enough the following conditions:

a) The violating minors have voluntarily reported their violations, honestly repenting their violations;

b) With an advantage life environment for implementation of this measure;

c) Parents or guardian is eligible to implement management and voluntarily takes responsibility for management at home.

2. Based on provisions on clause 1 of this Article, the President of the commune-level People’s Committee shall decide application of measure of management at home.

3. The time limit of application of measure of management at home is between 03 months and 06 months.

4. Within 03 days, after the decision on application of measure of management at home takes effect, the President of the commune-level People’s Committee having issued decision must send it to family and assign organizations, individuals where such person resident to coordinate and supervise implementation.

The minors, who are managed at the family, are entitled to go to school, or participate in learning programs or other vocational programs, participate in programs on consulting and developing life skills at the community.

5. During time of management at home, if minors continue committing acts of law violations, the competent persons specified in clause 2 of this Article shall decide stop application of this measure and handle as prescribed by law.