Phần thứ ba Luật xử lý vi phạm hành chính 2012: Áp dụng các biện pháp xử lý hành chính

The third part

APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Chapter I

THE ADMINISTRATIVE HANDLING MEASURES

Article 89. The measure of education at communes, wards, district towns

1. Education at communes, wards, district towns means administrative handling measure applied to subjects specified in Article 90 of this Article in order to educate, manage them at residence in case it is not necessary to isolate them from community.

2. The time limit for application of measure of education at communes, wards, district towns is between 03 months and 06 months.

Article 90. Subjects of application of measure of education at communes, wards, district towns

1. Persons aged between full 12 and under 14 who have intentionally committed acts with signs of very serious crimes prescribed in the Penal Code.

2. Persons aged between full 14 and under 16 who have intentionally committed acts with signs of serious crimes prescribed in the Penal Code.

3. Persons aged between full 14 and under 18, 02 times or more within 06 months, having committed acts of petty theft, petty swindle, petty gambling, causing public disorder, but not liable to criminal prosecutions.

4. Drug addicts aged full 18 or older, and having given stable residence places.

5. Persons aged full 18 or older, who have committed acts violating assets of agencies, organizations, assets, health, honor, dignity of citizens or foreigners, violating order, social security with 02 times or more in 06 months but not liable to criminal prosecutions.

6. The persons specified in clause 1, 2 and 3 of this Article but having no stable residence, shall be hand over social relief establishments or children assitance establishments in order to manage, educate in time limit of execution of measure of education at communes, wards, district towns.

Article 91. Measure of sending to reformatories

1. The sending to reformatories means a administrative handling measure applying to persons committing acts violating law specified in Article 92 of this Law aiming to help them to follow general education, apprentice, labor and have living activities under management and education of school

2. The time limit for application of measure sending to reformatory is between 06 months and 24 months.

Article 92. Subjects of application of measure sending to reformatories

1. Persons aged between full 12 and under 14 who have intentionally committed acts with signs of special serious crimes prescribed in the Penal Code.

2. Persons aged between full 14 and under 16 who have unintentionally committed acts with signs of very serious crimes prescribed in the Penal Code.

3. Persons aged between full 14 and under 16 who have intentionally committed acts with signs of serious crimes prescribed in the Penal Code and had previously been subject to the application of measure of education at communes, wards or district towns.

4. Persons aged between full 14 and under 18, 02 times or more within 06 months, having committed acts of petty theft, petty swindle, petty gambling, causing public disorder, but not liable to criminal prosecutions and had previously been subject to the application of measure of education at communes, wards or district towns.

5. Not applying measure sending to reformatories for the following cases:

a) Persons having no administrative liability capacity;

b) Pregnant women with certificate of hospital;

c) Being woman or sole person nurturing children under 36 months old certified by commune People’s Committee where that person is resident.

Article 93. Measure of sending to compulsory education establishments

1. The sending to compulsory education establishments means the administrative handling measure applied to person committing acts violating law specified in Article 94 of this Law in order to labor, follow general education, apprentice and have living activities under management of compulsory education establishments.

2. The time limit for application of measure sending to compulsory education establishments is between 06 months and 24 months.

Article 94. Subjects of application of measure sending to compulsory education establishments

1. Subjects to whom the measure of sending to compulsory education establishments shall apply are persons who have committed acts of infringing upon the properties of domestic or foreign organizations, the properties, health, honor and/or dignity of citizens or foreigners, breaking social order and safety regularly, with 02 times or more in 06 months but not to the extent of being examined for penal liability, and who have been subject to the application of measure of education at communes, wards or district towns or not yet subject to the application of this measure but have no stable residence places.

2. Not applying measure sending to compulsory education establishments for the following cases:

a) Persons having no administrative liability capacity;

b) Persons under 18 years old;

c) Women of over 55 and men of over 60 years old;

d) Pregnant women with certificate of hospital;

e) Being woman or sole person nurturing children under 36 months old certified by commune People’s Committee where that person is resident.

Article 95. Measure of sending to compulsory detoxification establishments

1. The sending to compulsory detoxification establishments means the administrative handling measure applied to person committing acts violating law specified in Article 96 of this Law in order to be medical treated, labor, follow general education, apprentice under management of compulsory detoxification establishments.

2. The time limit for application of measure sending to compulsory detoxification establishments is between 12 months and 24 months.

Article 96. Subjects of application of measure sending to compulsory detoxification establishments

1. Subjects of application of measure sending to compulsory detoxification establishments are Drug addicts aged full 18 or older having been subject to the application of measure of education at communes, wards or district towns but still addicted or not yet been subject to the application of this measure but have no stable residence places.

2. Not applying measure sending to compulsory detoxification establishments for the following cases:

a) Persons having no administrative liability capacity;

b) Pregnant women with certificate of hospital;

c) Being woman or sole person nurturing children under 36 months old certified by commune People’s Committee where that person is resident.

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.

Chapter III

AUTHORITIES, PROCEDURES FOR CONSIDERATION, DECISION ON APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 105. Authorities for decision on application of administrative handling measures

1. The Presidents of commune-level People’s Committee have authorities for decision on application of measure of education at communes, wards, district towns.

2. The district-level People’s Courts have authorities for decision on application of measure sending to reformatories, sending to compulsory education establishment, sending to compulsory detoxification establishment.

Article 106. Orders of, procedures for consideration, decision on application of administrative handling measures

The National Assembly Standing Committee shall prescribe order of and procedures for People’s Courts in consideration and decision on application of measure sending to reformatories, sending to compulsory education establishment, sending to compulsory detoxification establishment.

Chapter IV

EXECUTION OF DECISION ON APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 107. Sending decision on application of measure sending to reformatories, sending to compulsory education establishments and sending to compulsory detoxification establishments for execution

Within 03 days, since the decision on application of administrative handling measure takes effect, People’s Court having issued decision must send to the applied person, the district-level police head and head of district-level Labour, War Invalids and Social Affairs division where sending dossier proposing for application of administrative handling measure, the commune-level People’s Committee where such person resideand relevant agencies for implementation as prescribed by law; decision on application of measure sending to reformatories is sent to his/her parents or legal representatives.

Article 108. The statute of limitations for execution of decision on application of administrative handling measures

1. Decision on application of measure of education at communes, wards, district towns and decision on application of measure sending to reformatories are expired after 06 months, since decisions take effect.

2. Decisions on application of measure sending to compulsory eductational establishments and decisions on application of measure sending to compulsory detoxification establishments are expired after 01 year, since decisions take effect.

3. In case person having to execute decision deliberately evade execution, statute of limitations specified in clause 1 and clause 2 of this Article shall be calculated since act of evasion is terminated.

Article 109. Execution of decision on application of measure of education at communes, wards, district towns

1. After receiving decision on application of measure of education at communes, wards, district towns, agencies, organizations being handed education, management shall:

a) To organize implementation of measure of education at communes, wards, district towns with respect to the educted person;

b) To assign a person to directly help the persons subject to education ;

c) To fill in monitoring boor and periodically report to the President of commune-level People’s Committee on implementation of decision on education at communes, wards, district towns;

d) To help, encourage the persons subject to education , and propose to the commune-level People’s Committee for facilitating for them to find employments.

2. The person assigned to help must have plans on management, education and assistance for educted perdon and be enjoyed supportive budget for management, education and assistance as prescribed by law.

3. The persons subject to education must commit in writing on servicing decision on education at communes, wards, district towns;

4. Families of persons subject to education are responsible for strict coordination with person assigned to help in managing and educating the persons subject to education.

Article 110. Execution of decisions on sending to reformatories, decisions on sending to compulsory education establishments, decisions on sending to compulsory detoxification establishments

1. Within 05 days, after receiving decisions on sending to reformatories, decisions on sending to compulsory education establishments or decisions on sending to compulsory detoxification establishments, agencies having sent dossier shall organize implementation as follows:

a) The district-level police handing person must service decision on sending to reformatories, compulsory education establishments;

b) The Labour, War Invalids and Social Affairs division coordinate with district Police handing person to serve decision on sending to compulsory detoxification establishments.

2. The time limit of execution of decisions is calculated as from the day of the person who must obey decision is impounded for sending to reformatories, compulsory educational establishments, or compulsory detoxification establishments.

3. The Government shall prescribe in details implementation of decisions on sending to reformatories, decisions on sending to compulsory educational establishments, decisions on sending to compulsory detoxification establishments.

Article 111. Delaying or exemption of execution of decision on sending to reformatories, compulsory education establishments, compulsory detoxification establishments

1. The persons who must execute decision but have not sent to reformatories, compulsory educational establishments, compulsory detoxification establishments, may be delayed execution of decisions in the following cases:

a) Being seriously sick with certificate of hospital;

b) The family is meeting special difficulties and certified by president of commune-level People’s Committee where such person reside.

When condition for delaying execution of decision no longer exist, the decisions shall continue to be executed.

2. The persons who must execute decision but have not sent to reformatories, compulsory educational establishments, compulsory detoxification establishments, may be exempted for execution of decisions in the following cases:

a) Getting dangerous sick with certificate of hospital;

b) In period of delaying execution of decision specified in clause 1 of this Article, that person has marked progress in execution of law or record merits or no longer addicted drug;

c) Being pregnant with certificate of hospital;

3. The district-level People’s Courts having issued decision on application of measure sending to reformatories, sending to compulsory education establishments, sending to compulsory detoxification establishments shall consider, decide on delaying or exemption of execution on the basis of application of the person who must execute decision or his/her legal representatives; in necessary case, shall request agency having sent proposing dossier for opinion before deciding.

Decision on exemption or delaying execution must be sent to the agency implementing decision, the person who must execute decision; in case minors being delayed, exempted execution of decision on sending to reformatories, the decision must be sent to his/her parents or legal representatives.

Article 112. Reduction of time limit for, temporary suspension of, or exemption from, serving the remaining duration in reformatories, compulsory educational establishments, compulsory detoxification establishments

1. Persons who are serving decisions at reformatories, compulsory educational establishments, compulsory detoxification establishments and have served half of their terms, if making marked progress or recording merits, shall be considered for partly reduction of, or exemption from serving the remaining duration.

2. Where the persons serving decisions at reformatories, compulsory educational establishments, compulsory detoxification establishments are seriously ill and sent back to their families for treatment, they shall be temporarily suspended from serving the decisions; the medical treatment duration shall be counted into the decision-serving duration; if after their recovery from ailment the remaining serving duration is three months or more, such persons must continue to serve the decisions at the establishments; if in time of temporary suspension, such person has marked progress or record merits, shall be considered for exemption from serving the remaining duration. Persons getting dangerous diseases and pregnant women are exempt from serving the remaining duration.

3. The district-level People’s Court where having reformatories, compulsory educational establishments, compulsory detoxification establishments decide reduction of time limit of, temporary suspension of, or exemption from serving specified in clause 1 and clause 2 of this Article on the basis of proposal of principals of the reformatories, directors of compulsory educational establishments, directors of compulsory detoxification establishments.

Decision on temporary suspension of or exemption from serving decision on application of measure sending to reformatories, sending to compulsory education establishments, sending to compulsory detoxification establishments shall be sent to People’s Court where issuing decision, agency having sent the proposing dossier, commune-level People’s Committee where such person reside, reformatories, compulsory education establishments, compulsory detoxification establishments, person who being temporarily suspended or exempted and his/her family.

4. Subjects being serious sick, getting dangerous sick and fail to define his/her residence in case being temporarily suspended execution of decision or exempted from execution of remaining duration specified in clause 2 of this Article, shall be send back local medical establishments where reformatories, compulsory education establishments, compulsory detoxification establishments placing headquarters.

Article 113. Managing persons who are delayed or temporarily suspended execution of decision on application of measure sending to reformatories, sending to compulsory education establishment or sending to compulsory detoxification establishment

1. Persons who are delayed or temporarily suspended execution of decision on application of measure sending to reformatories, sending to compulsory education establishments or sending to compulsory detoxification establishments have responsibitity for presenting to the commune-level People’s Committee where they reside.

2. In time being delayed or temporarily suspended execution of decision on sending to reformatories, sending to compulsory education establishments, if such person continue committing acts of law violation which have been handled or there are grounds for presuming that such person flee, the district-level People’s Court having issued decision on delaying or temporarily suspended shall cancel such decision and issue decision on compulsory execution of the decision on sending to reformatories, decision on sending to compulsory education establishments.

In time being delayed or temporarily suspended execution of decision on sending to compulsory detoxification establishments, if such person continue using drug or there are grounds for presuming that such person flee, the district-level People’s Court having issued decision on delaying or temporarily suspended shall cancel such decision and issue decision on compulsory execution of decision on sending to compulsory detoxification establishments.

3. Decisions on compulsorily executing decision on sending to reformatories, sending to compulsory education establishments or sending to compulsory detoxification establishments and sending to compulsory detoxification establishments shall be sent to police agency at same level in local where the People’s Court has been issued decision. Rightly after receiving decision, the police agency must organize excorting subjects.

Article 114. Expiring time limit for execution of decision on application of administrative handling measures

1. When an violator have executed decision on education at communes, wards, district towns, the commune-level president People’s Committee shall issue a certificate for such person and send a copy to his/her family.

2. When an violator have executed decision on sending to reformatories, sending to compulsory education establishments, sending to compulsory detoxification establishments, the principal of reformatory, director of compulsory education establishments, director of compulsory detoxification establishments shall issue a certificate for such person and send a copy to his/her family, the district-level People’s Court where having issued decision, agency managing reformatories, compulsory education establishments, compulsory detoxification establishments, commune-level People’s Committee where such person resides.

3. If the subject who fails to define residence is minor or ill without labor ability, after expiring time limit for execution of measure on sending to reformatories, sending to compulsory education establishments, sending to compulsory detoxification establishments shall be sent to social relief establishments in localities where reformatories, compulsory education establishments, compulsory detoxification establishments set headquater.

Chapter V

OTHER PROVISIONS RELATING TO APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 115. Temporarily taking person who is executing measure sending to reformatories, sending to compulsory education establishment or sending to compulsory detoxification establishment out of the execution place of administrative handling measures at the request of criminal proceedings agencies

1. At the request of competent criminal proceedings agencies, principal of reformatory, director of compulsory education establishment, director of compulsory detoxification establishment decide on temporarily taking person who is executing administrative handling measures out of the execution place of such measures in order to take part in legal proceedings in lawsuits related to such person.

2. The temporary duration of taking out of the place executing administrative handling measures shall be counted in the time limit of executing such measure.

Article 116. Transfering dossiers of subjects be subject to the application of other administrative handling measures with criminal signs for criminal prosecution

1. When considering dossier of subjects to decide application of administrative handling measures, if deem acts of violations committed by such person with criminal signs, the competent persons must immediately transfer dossier to the competent criminal proceedings agencies.

2. For cases having issued decision on application of administrative handling measures, if after that, detecting acts of violations committed by the persons subject to application with criminal signs, and statute of limitations of criminal prosecution is not expired, the President of the People’s Committee or People’s Court having issued decision on application of administrative handling measures must cancel such decision and within 03 days, as from the day of canceling decision, dossier of subject must be transfer to the competent criminal proceedings agencies.

Where the imprisonment sentence was imposed by courts, the duration of serving the measures of sending to reformatories, compulsory education establishments or compulsory detoxification establishments shall be counted into the duration of serving the imprisonment penalty. 1.5 days of serving the measure of sending to reformatories, compulsory education establishments or compulsory detoxification establishments are calculated as equal to 01 day of serving the imprisonment sentence

Article 117. Prosecution of penal liability for criminal acts committed before or during the time of serving the other administrative handling measures

Where the persons to whom other administrative handling measures have been applied are detected as having committed criminal acts before or during the time of serving the decisions thereon, at the requests of the competent criminal proceeding bodies, the commune-level president of People’s commitee where executing measures of education at communes, wards, district towns or principals of reformatories, directors of compulsory education establishments, directors of compulsory detoxification establishments must issue decisions to temporarily suspend the execution of decisions against such persons and transfer their dossiers to the criminal proceeding bodies; where such persons have been sentenced to imprisonment by courts, they shall be exempt from serving the remaining duration in the decisions on the application of other administrative handling measures; if the applied penalties are not the imprisonment penalty, those persons shall possibly have to continue serving the decisions on application of other administrative handling measures.

Article 118. Handling cases where a person is subject to both the sending into an compulsory education establishment and the sending into a compulsory detoxification establishment

1. In cases where a person has committed law violation acts, being subject to the sending into compulsory education establishment and also to compulsory detoxification establishment, the competent body shall only apply the measure of sending him/her into a compulsory detoxification establishment.

2. A drug addict who is classified as a dangerous gangster shall be confined to a compulsory educational establishment. The compulsory education establishment shall also help detoxify drug addicts.

3. In the period of detoxification and rehabilitation, lf persons who are staying in a compulsory detoxification establishment commit acts in violation of provisions in Article 94 of this Law, they shall be confined to an educational establishment.

Directors of compulsory detoxification establishments shall compile dossiers of proposal to confine to a compulsory educational establishment for persons who commit acts specified in paragraph 1 of this clause on the basis of their existing dossiers and records of new acts of violations and send them to district-level Police head where has compulsory educational establishment. The district-level Police head shall take opinion of head of Justice Division about legality of dossier before considering and sending dossier proposing People’s Court where having the compulsory detoxification establishment for decision on application of measure sendng to compulsory detoxification establishment

The procedures for consideration and application of measure sending to the compulsory educational establishment for this subject shall comply with regulation of law.

Bài viết liên quan

04 lưu ý khi sử dụng người lao động khuyết tật tại Việt Nam

04 lưu ý khi sử dụng người lao động khuyết tật tại Việt Nam

Người khuyết tật là người khiếm khuyết về thể chất, bị suy giảm đáng kể và lâu dài đến khả năng thực hiện các hoạt động, sinh hoạt hàng ngày. Tuy nhiên, người khuyết tật cũng cần phải trang trải cuộc sống cho bản thân và gia đình, do đó, họ vẫn phải đi lao động kiếm thu nhập như người lao động bình thường. Biết được những thiệt thòi của người khuyết tật, Chính phủ Việt Nam đã quy định nhiều chính sách và chế độ đãi ngộ đặc biệt theo hướng có lợi cho nhóm người lao động khuyết tật. Bài viết dưới đây sẽ cung cấp thông tin chính xác về vấn đề này. 03/11/2024