Chương III Nghị định 120/2021/NĐ-CP: Thi hành quyết định áp dụng biện pháp giáo dục tại xã, phường, thị trấn và quyết định áp dụng biện pháp quản lý tại gia đình

Chapter III

EXECUTION OF DECISION ON APPLICATION OF COMPULSORY EDUCATIONAL MEASURES IN THE COMMUNITY AND MANAGEMENT AT HOME

Section 1. EXECUTION OF DECISION ON APPLICATION OF COMPULSORY EDUCATIONAL MEASURES IN THE COMMUNITY

Article 29. Assigning people to directly help the educated person

1. Principles of assignment:

a) A person assigned to help the educated person who is a social collaborator, a children protection collaborator or a reputable person in the family, community or a person who has experience in education and management of the minor in the social relief establishment shall have conditions, experience, capacity to educate, help the educated person;

b) A person may be assigned to educate, manage or help many people but not more than 03 people at the same time.

If the person assigned to help does not have the conditions for help or fails to fulfill the assigned responsibilities, the organization that is responsible for education and management shall promptly assign another person and notify in writing the President of the commune-level People's Committee.

2. Within 05 working days from the date of issuance or receipt of the decision on application of compulsory educational measures in the community , the head of the agency, organization or social relief establishment shall assign a person to directly educate, manage and help the educated person.

Article 30. Plan for education, help, management of the educated person

1. Within 05 working days from the date of receipt of the decision on assigning a person to directly educate, manage and help the educated person, according to the time limit for application of education, the assigned person shall make a plan for education, help and management of the person.

2. A plan for education, help, management of the educated person shall contain the following contents:

a) Contents and forms of education;

b) Specific measures for supervision, guidance, help, monitoring of the educated person, time of implementation, cooperation between the person's family and relevant organization, individual;

c) Contents of cooperation with relevant social organizations and agencies in the local area in case of minor residing in social relief establishment;

d) Opinions of the head of the organization that is responsible for education and management about the plan for education, management and help.

3. The plan for education, help and management shall be sent to the educated person, the minor’s parents or guardian (s), relevant agencies, organizations or individuals for implementation and the commune-level People's Committee to keep record of the execution of compulsory educational measures in the community.

Article 31. Contents and forms of education

1. compulsory educational measures in the community shall contain the following contents:

a) Disseminate information and educate in the law on the rights and obligations of citizens, the regulations of the law on violations of the educated persons.

Disseminate information and educate the persons who illegal use narcotic substances on the law on prevention and control of narcotic substances, the harmful effects of narcotic substances on health, family and community

b) Educate in life skills, support the educated persons in general education, vocational guidance, vocational training, job search;

c) Assist the educated persons to participate in public activities in the community with appropriate forms;

d) Educate about the good tradition of the country;

d) Other measures for protection, support according to regulations for the purpose of improvement and rehabilitation.

2. Compulsory educational measures in the community shall be conducted in the following forms:

a) Directly meet the educated person and his/her family

b) Encourage the educated persons to participate in classes on life skills, vocational guidance, vocational training, job search;

c) Provide materials for compulsory educational measures in the community and invite experts, qualified and professional people to participate in education;

d) Notify in writing the educated person and his/her family of measures for education and management;

dd) Request the educated person to make a commitment to strictly implement measures for education and management;

e) Hold a meeting for the purpose of comment (hereinafter referred to as “the comment meeting”) in residential areas at the grassroots if necessary.

Failing to hold the comment meeting in case the educated person is a minor.

Article 32. Commitment of the educated person

1. The educated person shall send a written commitment to the observance of the decision on application of compulsory educational measures in the community to the agency or organization that is responsible for education and management and strictly implement his/her commitment.

2. Contents of commitment:

a) Comply with law and strictly correct to mistakes

b) Well perform the obligation to study and practice;

c) Participate in academic or vocational programs that are appropriate;

d) Participate in public activities in the community with appropriate forms;

dd) Participate in appropriate programs for counseling and development of life skills that are organized in the local area;

e) Be present at the request;

g) Comply with regulations on absence from the residence

3. If the educated person is illiterate or unable to write the commitment, he/she can ask someone else to write the commitment. The person shall press his/her finger-print in each page of the commitment.

4. The commitment of the minor shall have opinions of the minor’s parents or guardians’;

Article 33. Responsibilities of organizations that implement plans for education, help, management of the educated persons

1. The commune-level People's Committees, agencies, organizations and persons assigned to help the educated persons shall be responsible for cooperation with residential units at grassroots level and their families in monitoring, managing and supervising the implementation of the contents of plans for education, help, management of the educated persons;

2. The relevant social agencies and organizations at the local area shall be responsible for cooperation with social relief establishments in education and management of the educated persons.

3. The individuals and organizations assigned to help the educated persons shall use one or several of the following forms to supervise, manage and monitor the progress of the educated persons:

a) Request the educated persons to be present at the competent authorities;

b) Request the educated persons to report to the persons assigned to help them on their learning, working, training, progress and the results of correction of mistakes;

c) Organize drug test for persons who illegal use narcotic substances according to regulations of the law on prevention and control of narcotic substances;

d) Identify addiction according to regulations of the law on prevention and control of narcotic substances:

4. The persons assigned to help the educated persons shall fill the progress of the educated persons in the monitoring books to report to the organizations that are responsible for education and management.

5. The organizations which are responsible for education and management shall monthly report the results of monitoring, education and management of the educated persons to the People's Committees of communes that issue the decision on application of compulsory educational measures in the community.

Article 34. Implementation of plans for education, help, management of the educated persons

1. The plans for education, help, management of the educated persons who are minors shall be implemented as follows:

a) In case of persons who are studying at schools or educational institutions, the persons assigned to help them and the schools shall cooperate with the family of minors in encouraging and helping them with studying and training;

b) In case of persons who are residing at social relief establishments, the social relief establishments shall facilitate participation in the learning programs in conformity with their age; courses on life skills, vocational guidance and vocational training in the community.

2. During the period of execution of compulsory educational measures in the community, if the educated person fails to make progress, violates commitment and has been reminded many times by the person assigned to help him/her without correction to mistakes, the organization responsible for education and management shall report to the President of the commune-level People's Committee to hold a meeting at the local area in order to give suggestions to the educated person, except for cases specified in Clause 6 of this Article.

3. Participants:

a) Representative of the leader of the People's Committee of commune:

b) Commune-level police chief;

dd) Person assigned to help the educated person and representative of agency or organization responsible for education and management;

d) Representatives of Commune-level Fatherland Front Committee and residential unit grassroots level;

d) Educated person and his/her family.

4. Order and contents of the comment meeting:

a) The person assigned to help the educated person shall report on the process of education, management and violations of the educated person throughout the period of management; propose supplement or change to appropriate measures for education, management and help

b) The educated person shall present causes for violation of commitment, remedial measures and proposes if necessary;

c) According to the report of the person assigned to help the educated person and the presentation of the educated person, the members participating in the meeting shall analyze, comment on mistakes of the educated person and help him or her to correct and make progress;

d) Discuss and give measures for education to the educated person;

d) The contents of the meeting shall be recorded in minutes, kept in the file, sent to the educated person and his/her family.

5. Postponement and handling of the comment meeting in case of failure to organize:

a) Postpone the comment meeting if the educated person fails to attend the meeting with reasonable reasons.

The comment meeting shall be postponed at most twice. Each postponement shall not exceed 03 working days;

b) The comment meeting shall not be held if it has been postponed twice as prescribed in Point a of this Clause or the educated person deliberately evades.

In this case, the person assigned to directly educate, manage and help the educated person shall make a report on the process of education, management and violations committed by the educated person in order to propose solutions or adjust the plan and report to the President of the commune-level People's Committee for decision. The adjustment to the plan shall be notified to the educated person and his/her family.

6. During the period of execution of compulsory educational measures in the community, if the educated person fails to make progress and continues to commit violations, he/she shall be considered and sanctioned according to the regulations of Article 41 of the Decree or other relevant laws.

Article 35. Rights and obligations of persons assigned to help the educated persons

1. Rights:

a) Meet the educated person, the minor's parents or guardian (s) and relevant individuals to encourage, understand the thoughts, aspirations and difficulties of the educated person to find methods for helping;

b) Request the educated person to make a report as prescribed at Point b, Clause 3, Article 33 of this Decree;

c) Suggest creation of favorable conditions for education and management of the educated person to the organization responsible for education and management, the commune-level People's Committee;

d) Request competent agencies and organizations to create conditions for participation in studying, job search of the education persons and stabilization of their lives;

dd) Participate in courses on training in skills, knowledge and experience in help and education of the educated persons;

e) Receive support funding.

2. Obligations:

a) Formulate and organize the implementation of the plans for education, help, management of the educated persons;

b) Cooperate with other relevant agencies, organizations and the families of the educated persons in educating, managing and helping them in order that they become useful people for society.

Closely cooperate with the minors’ families, schools, the Ho Chi Minh Communist Youth Union or the Ho Chi Minh Young Pioneers' Organization in creating conditions for participation in clubs, cultural activities, art activities, labor activities, physical training, sports activities and other healthy entertainment activities or the educated minors;

c) Help and encourage the educated persons; support and introduce the appropriate programs for counseling and development of life skills that are organized in the local area to the educated persons to participate; support for access to legal aid services as prescribed;

d) Guide the exercise of rights and obligations of the educated persons;

dd) Request the commune-level People's Committees and competent agencies and organizations to create conditions for studying and job search;

e) Fill in monitoring book and monthly report to the organizations responsible for education and management;

g) Report implementation of the decision on application of compulsory educational measures in the community to the Presidents of the commune-level People's Committees.

Article 36. Rights and obligations of the educated persons throughout the period of execution of compulsory educational measures in the community

1. Rights:

a) Work, study and reside at the place of residence; receive guidance on implementation of the procedures for permanent residence registration, temporary residence registration, temporary absence declaration;

b) Receive favorable conditions for job search, support for borrowing of capital from social policy banks, social funds, charity and humanitarian funds in the local areas in case of extremely difficult circumstances;

c) Participate in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area;

d) Express their wishes and recommendations with the Presidents of the commune-level People's Committees, the commune-level police chiefs, social organizations, schools and persons assigned to help them;

dd) Be absent at the place of residence or change the place of residence as prescribed;

e) Complain about, initiate lawsuit for decisions on application of compulsory educational measures in the community and other administrative acts throughout the process of execution of the decision.

2. Obligations:

a) Abide by the policies and laws of the State;

b) Actively participate in working and studying; fulfill the citizen obligations; comply with internal rules and regulations of the local authorities at local areas where they reside;

c) Be subject to the education and management of agencies and social organizations and persons assigned to help them. The educated minors also are subject to education and management of their families and schools;

d) Strictly follow the committed contents;

dd) Be present at the request of competent authorities;

e) Notify and report on reasons and time of absence from the residence and the place where the educated persons come to stay in case of being absent from the place of residence as prescribed.

Article 37. Responsibilities of social relief establishments

1. Receive minors without stable residence throughout the time of making the proposing dossiers and after issuance of the decision on application of compulsory educational measures in the community .

2. Appoint a representative to participate in the consulting meeting about consideration, decision on application of compulsory educational measures in the community .

3. Assign officials to directly help the minors subject to education.

4. Create conditions for studying, participation in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area of the minors;

5. Cooperate with relevant agencies, organization in the community in education and management of minors.

6. Manage the minors without stable residence in accordance with the actual situation of the establishment.

Article 38. Absence of the educated persons from their residence and social relief establishments.

1. The educated persons shall be allowed to be absent from their residence or social relief establishments with reasonable reasons and make temporary absence declaration according to regulations of the law on residence.

2. The period of absence from the residence or social relief establishments shall be counted into the time limit for execution of compulsory educational measures in the community. However, the total time of absence must not exceed 1/3 of the time limit for application of education, except for cases that the educated persons are sick and subject to treatment at medical establishments according to the direction of doctors. In these cases, the educated persons shall have confirmations of treatment from the medical establishments.

In case of failure to comply with the above regulations, the period of absence from the residence or social protection establishment shall not be counted into the time limit for execution for compulsory educational measures in the community.

3. The educated person who is absent from the place of residence for less than 15 days shall be handled as follows:

a) The educated person or the parents or guardian (s) of the educated person who is under 16 years old shall submit an application to the agency or organization assigned to manage the educated person;

b) The agency or organization assigned to manage the educated person shall consider and reply in writing with the educated person's absence from his/her place of residence within 3 working days from the date of receipt of the application;

c) In case of agreement, the agency or organization assigned to manage the educated person shall report to the President of the commune-level People's Committee where the educated person resides on his/her absence from the place of residence.

In case of disagreement, the reasons shall be clearly stated in writing to the person who has sent the application.

4. The educated person who is absent from the place of residence for more than 15 days shall be handled as follows:

a) The educated person or the parents or guardian (s) of the educated person who is under 16 years old shall submit an application to the President of the commune-level People's Committee via the agency or organization assigned to educate and manage the educated person;

The application shall contain reasons, time of absence and temporary residence;

b) The agency or organization assigned to manage the educated person shall consider and comment about the educated person's absence from his/her place of residence within 3 working days from the date of receipt of the application;

c) The commune-level People's Committee shall consider and issue decision on the educated person's absence from his/her place of residence after receipt of the application and comments of the agency or organization assigned to manage the educated person;

In case of disagreement, the reasons shall be clearly stated in writing to the person who has sent the application and the agency or organization assigned to manage the educated person

5. The educated person who is absent from social relief establishment shall be handled as follows:

a) Absence for less than 15 days: The regulations of Clause 3 of this Article shall be applied. The application shall be sent to social relief establishment for consideration and handling ;

b) Absence for more than 15 days: The regulations of Clause 4 of this Article shall be applied. The application shall be sent to the President of the commune-level People's Committee where the headquarter of social relief establishment is located for consideration and handling via the social relief establishment.

Article 39. Change of residence of the educated person

1. The educated person who changes his/her place of residence due to studying, working, movement with his/her family to another place or other reasons shall be handled as follows:

a) The educated person or the parents or guardian (s) of the educated person who is under 16 years old shall submit an application to the President of the commune-level People's Committee;

The application shall clearly state reasons, new place of residence and comment of the agency or organization assigned to manage the educated person;

b) The President of the commune-level People's Committee shall issue a decision to transfer application of compulsory educational measures in the community to the educated person to new place of residence within 5 working days from the date of receipt of the application.

2. Identification of the place of residence of the educated person without stable residence:

a) In case of a minor subject to education at social relief establishment, the President of the commune-level People's Committee where the headquarter of social relief establishment is located shall consider and transfer application of compulsory educational measures in the community to the educated person to his/her place of residence

b) In case of person aged 18 or older, the President of the commune-level People's Committee that has issued decision on application of compulsory educational measures in the community shall consider and transfer application of compulsory educational measures in the community to the educated person to his/her place of residence

3. If the educated person changes his/her place of residence as prescribed in Clauses 1 and 2 of this Article, the document on application of compulsory educational measures in the community of the educated person shall be transferred to the President of the Commune-level People's Committee where the educated person resides.

The President of the commune-level People's Committee where the educated person resides shall receive and assign the person to directly help the educated person as prescribed in Article 29 of this Decree.

4. When changing his/her residence, the educated person shall comply with the regulations of the law on residence.

Article 40. Handling of violations committed before or during the time of execution of compulsory educational measures in the community

1. If the person subject to application of compulsory educational measures in the community has committed violations before or during the time of execution of the decision on application of education, at the request of the criminal procedure agency, the President of the commune-level People's Committee shall issue a decision on temporary suspension from the execution of the decision on application of education to such person and transfer the document on application of education to the criminal procedure agency.

2. The President of the commune-level People's Committee that has issued a decision on temporary suspension from execution of the decision on application of compulsory educational measures in the community shall issue a decision on cancellation of such decision. The person subject to temporary suspension shall continue to execute the decision on application of education in one of the following cases:

a) Having decision on failure to prosecute a criminal case, decision on cancellation of decision on criminal prosecutions, decision on suspension from investigation, decision on suspension from cases, decision on suspension from cases for defendant. The person subject to temporary suspension is exempt from criminal responsibility according to the judgment or an innocent person according to declaration of the Court;

b) The Court fails to sentence the person subject to temporary suspension to imprisonment.

3. If the person subject to temporary suspension from the execution of education has been sentenced to imprisonment by Court, within 03 working days from the date of receiving the legally effective judgment, the President of the commune-level People's Committee that has issued decision on application of compulsory educational measures in the community shall issue a decision on exemption from execution of the remaining duration of the decision on application of compulsory educational measures in the community.

The decision on exemption from execution of the remaining duration of decision on application of compulsory educational measures in the community takes effect from the date of signing. The decision shall be sent to the educated person; the agency and organization assigned to educate and manage and the person assigned to help the educated person.

Article 41. Termination of application of compulsory educational measures in the community

1. If the educated person has executed at least 1/2 (one-half) of the period of compulsory educational measures in the community without progress and continues to commit violations specified at Point b, Clause 1 of Article 94 of the Law on Handling of Administrative Violations, the President of the commune-level People's Committee that has issued the decision on application of compulsory educational measures in the community shall issue a decision on termination of application of compulsory educational measures in the community and propose the application of measure for sending to compulsory educational establishments.

2. The President of the commune-level People's Committee who has issued a decision on application of compulsory educational measures in the community shall issue a decision on termination of application of education and handle as follows:

a) If a person aged full 12 or older who is executing compulsory educational measures in the community is a drug addict specified in Articles 30, 31 and 33 of the Law on prevention and control of narcotic substances, the detoxification according to regulations of the law on Law on prevention and control of narcotic substances shall be applied.

b) If a person aged full 18 or older who is executing compulsory educational measures in the community is a drug addict specified in Article 32 of the Law on prevention and control of narcotic substances, the dossier proposing to apply administrative handling measures for sending to compulsory detoxification establishment shall be compiled according to regulations of the law on handling of administrative violations.

Article 42. Certificate of completion of execution of the decision on application of compulsory educational measures in the community

1. The President of the commune-level People's Committee shall issue a certificate of completion of execution of the decision on application of compulsory educational measures in the community to the educated person within 2 working days from the date on which the educated person completes execution of the decision.

2. The certificate of completion of execution of the decision on application of compulsory educational measures in the community shall be kept on file.

The valid copy of the certificate shall be sent to the organization assigned to educate, manage and the educated person’s family.

Article 43. Documents on application of compulsory educational measures in the community

1. The documents on application of compulsory educational measures in the community shall be numbered and stored in accordance with regulations of the law on storage. A document shall contain:

a) Dossier proposing to apply compulsory educational measures in the community

b) Decision on application of compulsory educational measures in the community ;

c) Decision on assigning persons to directly help the educated person;

d) Plan for education, help, management of the educated person;

dd) Commitment to execution of the decision of the educated person;

e) Minutes of the comment meeting for the educated person (if any);

g) A book to monitor the progress of the educated person and report on the results of supervision, help and education of the person assigned to help the educated person;

e) Documents on absence at the place of residence or change of the place of residence of the educated person (if any);

i) Decision on exemption from execution of the remaining time of decision on application of compulsory educational measures in the community ;

k) Decision on temporary suspension from execution of decision on application of compulsory educational measures in the community ;

l) Decision on cancellation of decision on temporary suspension from execution of decision on application of compulsory educational measures in the community ;

m) Decision on termination of application of compulsory educational measures in the community (if any);

n) Certificate of completion of execution of the decision on application of compulsory educational measures in the community

o) Other relevant documents (if any).

2. The People's Committee of commune where the decision on application of compulsory educational measures in the community has been issued, or the People's Committee of commune where the educated person resides, or the People's Committee of the commune where the educated person is transferred to shall manage the documents on the application of compulsory educational measures in the community.

Section 2. EXECUTION OF DECISION ON APPLICATION OF MANAGEMENT AT HOME

Article 44. Cooperation in supervising minors subject to application of management at home

1. The minor’s family shall:

a) Manage and supervise the minor;

b) Supervise, create conditions for studying, participation in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area of the minor;

c) Monthly report to the President of the commune-level People's Committee on supervision and management of the minor;

d) Closely cooperate with organizations and individuals assigned to supervise the minor in implementation of the plan for supervising the minor.

2. The organizations assigned to cooperate in supervision shall assign persons to directly cooperate with the minor's family in management and supervision.

3. The individuals assigned by organizations and individuals assigned by the President of the commune-level People's Committee to cooperate in supervision shall cooperate with the minor’s family in performance of the following tasks:

a) Develop and implement the plan to supervise the minor. The plan for cooperation in supervision shall include specific measures for guidance and support, time limit for implementation; be sent to the organization assigned to cooperate in supervision and the President of the commune-level People's Committee;

b) Introduce the minor to academic or vocational programs, job search programs, appropriate programs for counseling and development of life skills in the community that are organized in the local area;

c) Help and encourage the minor in correction to his/her mistakes.

Article 45. Rights and obligations of minors subject to application of management at home

1. Rights:

a) Study and live at the place of residence;

b) Be treated equally;

c) Participate in academic or vocational programs, appropriate programs for counseling and development of life skills that are organized in the local area;

d) Be considered or received by education establishments;

dd) Be subject to application of appropriate measures for support and protection as prescribed per the law

e) Be absent at the place of residence or change the place of residence as prescribed;

g) Complain about, initiate lawsuit for decisions on application of management at home and other administrative acts throughout the process of execution of the decision.

2. Obligations:

a) Abide by the policies and laws of the State;

b) Actively study and fulfill the civic obligations, internal rules and regulations of the local authorities where they reside;

c) Be subject to the education, management and supervision of families, schools and persons assigned to cooperate in supervision.

Article 46. Termination of application of management at home throughout the time of application of management

1. If a minor who is subject to application of management at home continues to commit violations, the President of the commune-level People's Committee that has issued the decision on application of management at home shall issue decision on termination of application of management and handle as follows:

a) In case of violations specified at Points c, d and dd, Clause 2, Article 5 of this Decree, the decision on application of compulsory educational measures in the community shall be issued;

b) If the violations have criminal signs, it is proposed to be handled according to the regulations of the law.

2. The President of the commune-level People's Committee who has issued a decision on application of management at home shall issue a decision on termination of application of management to a minor who is a drug addict.

The detoxification for minors shall comply with regulations of the law on prevention and control of narcotic substances:

Article 47. Certificate of completion of execution of the decision on application of management at home

1. The President of the commune-level People's Committee shall issue a certificate of completion of execution of the decision on application of management at home to a minor within 2 working days from the date on which the minor completes execution of the decision.

2. The certificate of completion of execution of the decision on application of management at home shall be kept on file.

The valid copy of the certificate shall be sent to the minor's family.

Article 48. Documents on application of management at home

1. The documents on application of management at home shall be numbered and stored in accordance with regulations of the law on storage. A document shall contain:

a) A dossier proposing to apply management at home:

b) Decision on application of management at home;

c) Decision on termination of application of management at home (if any);

d) Other relevant documents (if any).

2. The document on application of management at home shall be managed at the People's Committees of communes where the decision is issued