What forms of disciplinary measures are applied to students in reformatory schools and residents in mandatory educational facilities starting from 2023?
Forms of Discipline for Students in Reformatory Schools and Compulsory Education Center Detainees from 2023?
Clause 1, Article 18 of Circular 49/2022/TT-BCA specifies the forms of discipline for students in reformatory schools and detainees in compulsory education centers as follows:
Forms of Discipline and Principles of Application
1. Forms of Discipline
a) Students who violate the internal regulations of the reformatory school shall, depending on the nature and extent of the violation, be disciplined in one of the forms stipulated in Clause 2, Article 23 of Decree No. 140/2021/ND-CP;
b) Detainees who violate the internal regulations of the compulsory education center shall, depending on the nature and extent of the violation, be disciplined in one of the forms stipulated in Clause 2, Article 38 of Decree No. 140/2021/ND-CP.
Thus, the forms of discipline for students in reformatory schools include:
- Reprimand;
- Warning;
- Education in a separate room for no more than 5 days. Students educated in separate rooms must write a self-review and self-examine before the team, group, or class. During the period of education in a separate room, students are allowed to participate in cultural studies.
The forms of discipline for detainees in compulsory education centers are:
- Reprimand;
- Warning;
- Isolation from other detainees in a disciplinary cell from 5 to 10 days. During the isolation period, family visits are not allowed.
- Limitation on the number of family visits, phone contacts, and the number and quantity of gifts received.
What forms of discipline are there for students in reformatory schools and detainees in compulsory education centers from 2023? Image from the Internet
Principles for Applying Forms of Discipline to Students in Reformatory Schools and Compulsory Education Center Detainees?
Clause 2, Article 18 of Circular 49/2022/TT-BCA describes the principles for applying forms of discipline to students in reformatory schools and detainees in compulsory education centers as follows:
- Students and detainees who violate internal regulations must be promptly and strictly disciplined in accordance with the law. Each violation is to be dealt with once through one form of discipline. In cases where multiple students or detainees violate regulations in the same incident, each student or detainee is subject to disciplinary measures. If a student or detainee commits multiple violations in a single incident, a unified disciplinary action is applied without separating different violations for varied disciplinary forms;
- When disciplining students and detainees, the nature, extent, consequences, motives, purposes, causes, level of repentance, regret, determination to correct violations, and remedying consequences should be considered to apply appropriate disciplinary measures.
How to Apply Forms of Discipline to Students in Reformatory Schools and Compulsory Education Center Detainees from 2023?
Article 19 of Circular 49/2022/TT-BCA stipulates the application of disciplinary forms for students in reformatory schools and detainees in compulsory education centers as follows:
- Students who violate any of the regulations specified in Article 1 of the Reformatory School Internal Regulations will be considered for disciplinary action in the form of a reprimand.
Detainees who violate any of the regulations specified in Article 1 of the Compulsory Education Center Internal Regulations will be considered for disciplinary action in the form of a reprimand.
- Consideration for disciplinary action in the form of a warning for students and detainees in the following cases:
+ Students or detainees who have already been disciplined with a reprimand but again commit any of the acts specified in Article 1 of the Reformatory School or Compulsory Education Center Internal Regulations;
+ Students commit one of the violations specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, and 18 of Article 2 of the Reformatory School Internal Regulations; detainees commit one of the violations specified in Clauses 1, 2, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 18, and 19 of Article 2 of the Compulsory Education Center Internal Regulations.
- Consideration for disciplinary action in the form of education in a separate room for students or isolation in a disciplinary cell for detainees in the following cases:
+ Students who have already been disciplined with a warning but again commit one of the violations in Article 1, Clauses 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, and 18 of Article 2 of the Reformatory School Internal Regulations; detainees who have already been disciplined with a warning but again commit one of the violations in Article 1, Clauses 1, 2, 4, 5, 6, 7, 8, 9, 12, 13, 15, 16, 17, 18, and 19 of Article 2 of the Compulsory Education Center Internal Regulations;
+ Students commit one of the violations specified in Clauses 3, 10, and 13 of Article 2 of the Reformatory School Internal Regulations; detainees commit one of the violations specified in Clauses 3, 10, 11, and 14 of Article 2 of the Compulsory Education Center Internal Regulations.
- Detainees who have already been disciplined with isolation in a disciplinary cell but continue to violate the Internal Regulations of the Compulsory Education Center will be considered for disciplinary action in the form of limiting the number of family visits, phone contacts, and the number and quantity of gifts received.
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