Vietnam: Who is subject to the sanction of receiving mandatory educational services at communities, wards or towns? Who has the power to decide application of compulsory educational measures at communities, wards or towns?
- Who is subject to the sanction of receiving mandatory educational services at communities, wards or towns?
- What is the statute of limitations for application of compulsory educational measures at communities, wards or towns?
- Who has the power to decide application of compulsory educational measures at communities, wards or towns?
Who is subject to the sanction of receiving mandatory educational services at communities, wards or towns?
According to Article 90 of the 2012 Law on Handling of Administrative Violations in Vietnam (amended by Clause 46, Article 1 of the 2020 Law on amendments and supplements to certain articles of Law on Handling of Administrative Violations in Vietnam), violators subject to the sanction of receiving mandatory educational services at communities, wards or towns include:
(i) Persons aged between 12 years and under 14 years who commit acts suspected to be very serious intentional crimes defined in the Penal Code.
(ii) Persons aged between 14 years and under 16 years who commit acts suspected to be serious intentional crimes defined in the Penal Code.
(iii) Persons aged between 14 years and under 16 years who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts of causing public disorder, property theft, gambling, fraud or illegal racing.
(iv) Persons aged between 16 years and under 18 years who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts, such as offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing, which are not treated as crimes.
(v) Persons aged 14 years or older who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for the act of illegally using narcotic substances.
(vi) Persons aged 18 years or older who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts, such as offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing; mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers, which are not treated as crimes.
(vii) Persons defined in clauses 1, 2, 3, 4, and persons aged between 14 years and under 18 years specified in clause 1 of this Article, who do not have stable residences shall be referred to social protection establishments or child support establishments to put them under control and have them educated during the period of implementation of the measure of rendering compulsory educational services at communes, wards or towns.
If a person aged 18 years or older that is covered by clause 5 of this Article does not have a stable residence, he/she shall be referred to the People's Committee of the commune where he/she is found illegally using narcotics at the third attempt to put him/her under control.
Note: The sanction of receiving mandatory educational services at communities, wards or towns is not imposed upon foreigners.
Vietnam: Who is subject to the sanction of receiving mandatory educational services at communities, wards or towns? Who has the power to decide application of compulsory educational measures at communities, wards or towns?
What is the statute of limitations for application of compulsory educational measures at communities, wards or towns?
Pursuant to Clause 2, Article 5 of Decree 120/2021/ND-CP of Vietnam stipulating the statute of limitations for application of compulsory educational measures at communities, wards or towns as follows:
- In case of persons aged between full 12 and under 14 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code, the statute of limitations shall be 01 year from the date of committing violations
- In case of persons aged between full 14 and under 16 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code, the statute of limitations shall be 06 months from the date of committing violations.
- In case of persons aged between full 14 and under 16 who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts of causing public disorder, property theft, gambling, fraud or illegal racing, the statute of limitations shall be 06 months from the last time of committing one of the violations.
- In case of persons aged between full 16 and under 18 who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts:
Offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing, which are not treated as crimes, the statute of limitations shall be 06 months from the last time of committing one of the violations.
- In case of persons aged 14 or older who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for the act of illegally using narcotic substances, the statute of limitations shall be 36 months from the last time of committing such violation;
- In case of persons aged 18 or older who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts:
Offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally seizing, destroying or intentionally damaging the property of other persons; causing public disorder; property theft; gambling; fraud; illegal racing; mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers, which are not treated as crimes, the statute of limitations shall be 06 months from the last time of committing one of the violations.
Who has the power to decide application of compulsory educational measures at communities, wards or towns?
Pursuant to Article 7 of Decree 120/2021/ND-CP of Vietnam stipulating persons who have the power to decide application of compulsory educational measures at communities, wards or towns:
- President of the People's Committee of commune, ward or district town (hereinafter referred to as “the People's Committee of commune”) where the violator resides;
- President of the People's Committee of commune where the headquarter of the social relief establishment which receives violators being minors without stable residence is located;
- President of the People's Committee of commune where the illegal use of narcotic substances in the last time of the violator aged 18 or older without stable residence is detected.
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