What administrative measures shall minors apply in accordance with the Vietnam Law?
What administrative measures apply to minors in Vietnam?
According to the provisions of Article 136 of the Vietnam Law on Handling of Administrative Violations 2012 on the application of administrative measures to minors as follows:
Article 136. Aplication of administrative handling measures
1. The measure of education at communes, wards, district towns is applied for minors committing acts of Vietnam Law violation as prescribed in Chapter I, the third part of this Vietnam Law. The minors who are applied measure of education at communes, wards, district towns must be managed by their parents or guardians, if they have no stable residence, they must stay at social relief establishments or children-assistance establishments, they 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.
2. The measure of sending to reformatories is applied for minors committing acts of Vietnam Law violation as prescribed in Chapter II, the third part of this Vietnam Law.
Accordingly, minors must apply administrative measures such as:
- Measures for education in communes, wards and townships applied to persons who violate the provisions of Chapter I of the Third Part of the Vietnam Law on Handling of Administrative Violations 2012 must be managed by parents or guardians;
In case there is no stable place of residence, they must stay at social protection establishments or child-support establishments; to attend school or participate in other academic or vocational programs; participate in consultation programs, develop life skills in the community.
- Measures to be placed in reform schools shall be applied to minors who violate Chapter II Part Three of the Vietnam Law on Handling of Administrative Violations 2012.
What administrative measures shall minors apply in accordance with the Vietnam Law?
Who is subject to educational measures in communes, wards and towns of Vietnam?
Pursuant to Article 90 of the Vietnam Law on Handling of Administrative Violations 2012 (amended by Clause 46, Article 1 of the Vietnam Law on Handling of Administrative Violations amended in 2020) stipulates that subjects subject to educational measures in communes, wards and towns are as follows:
- Persons aged between 12 years and under 14 years who commit acts suspected to be very serious intentional crimes defined in the Penal Code.
- Persons aged between 14 years and under 16 years who commit acts suspected to be serious intentional crimes defined in the Penal Code.
- 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.
- Persons aged between 16 years and under 18 years who have been administratively sanctioned twice, and on whom a 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.
- Persons aged 14 years or older who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for the act of illegally using narcotic substances.
- Persons aged 18 years or older who have been administratively sanctioned twice, and on whom a 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.
- 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.
Who will have to apply the measure to put into reform schools in Vietnam?
Admission to a reformatory is an administrative measure applied to persons who commit acts of violating the Vietnam Law specified in Article 92 of the Vietnam Law on Handling of Administrative Violations 2012 (amended by Clause 47, Article 1 of the Vietnam Law on Handling of Administrative Violations amended 2020) as follows:
- Persons from full 12 years old to under 14 years old who commit acts showing signs of a particularly serious crime specified in the Penal Code.
- Persons from full 14 years old to under 16 years old who commit acts showing signs of a very serious crime or a particularly serious crime specified in the Penal Code, except for the crimes specified in Clause 2, Article 12 of the 2015 Penal Code
- Persons from full 14 years old to under 16 years old who commit one of the acts specified in Clause 2, Article 90 of the Vietnam Law on Handling of Administrative Violations 2012, Clause 3, Article 90 of the Vietnam Law on Handling of Administrative Violations and have previously been applied educational measures in communes and wards, town.
- Persons from full 16 years old to under 18 years old who commit one of the acts specified in Clause 4, Article 90 of the Vietnam Law on Handling of Administrative Violations 2012 but are not criminals and have previously been applied educational measures in communes, wards and towns.
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