Vietnam: What is the dossier of request for reducing the time limit for observing the decision to apply measures to be included in compulsory education institutions?
- What is the dossier of request to reduce the time limit for observing the decision to apply measures to be included in the educational institution in Vietnam?
- How is the proposal to reduce the deadline for the implementation of the decision to apply the measure to be put into a reform school in Vietnam?
- Who has the right to set up a review board, proposing to reduce the time limit for observing the decision to apply measures to include in compulsory education institutions in Vietnam?
What is the dossier of request to reduce the time limit for observing the decision to apply measures to be included in the educational institution in Vietnam?
According to the provisions of Clause 2 Article 4 of Circular 43/2022/TT-BCA on this content as follows:
Dossier of request for reduction of the time limit for observing the decision on application of measures to be put into reform schools and compulsory education institutions
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2. A dossier of request for reduction of the time limit for observing the decision on application of measures to be put into compulsory education institutions shall comply with the provisions of Clause 2, Article 29 of the Decree No. 140/2021/ND-CP.
Referring to Clause 2, Article 29 of Decree 140/2021/ND-CP, the dossier of request to reduce the time limit for observing the decision to apply measures to be put into compulsory education institutions includes:
The detainee has complied with half of the time limit for applying the measure to be placed in a compulsory educational institution, if he/she meets the conditions for reduction, the director of the compulsory educational institution shall make a dossier to request the People's Court of the district where the compulsory educational institution is located to consider it, decide. The dossier includes:
- A written request from the director of the compulsory educational institution requesting the district-level People's Court to consider reducing the time limit for observing the decision;
- A written request from the director of the compulsory educational institution requesting the district-level People's Court to consider reducing the time limit for each detainee;
- List of detainees recommended for consideration of reducing the duration of the decision;
- A copy of the decision on the application of measures to be put into compulsory education institutions;
- Written confirmation of the establishment (if any).
Vietnam: What is the dossier of request for reducing the time limit for observing the decision to apply measures to be included in compulsory education institutions?
How is the proposal to reduce the deadline for the implementation of the decision to apply the measure to be put into a reform school in Vietnam?
Pursuant to Article 5 of Circular 43/2022/TT-BCA stipulating the procedure for requesting a reduction in the time limit for observing the decision to apply measures to be put into compulsory educational institutions as follows:
- The police guard in charge of the camper team (hereinafter abbreviated as the prison guard) shall hold a meeting, propose a list, reduction, comment and propose to reduce the time limit for observing the decision to apply measures to put into compulsory reform schools for each camper when it falls under the case specified in Clause 1, Article 112 of the Law on Handling of Administrative Violations in 2012, amended and supplemented in 2020 (hereinafter collectively referred to as the Law on Handling of Administrative Violations).
The prison police shall consider and propose to reduce the time limit for observing the decision to apply the measure to put into compulsory education institutions for campers of compulsory education institutions if they are voted unanimously by at least 2/3 of the students and campers attending the meeting. Voting on the proposal to reduce the time limit for observing the decision is carried out by secret ballot or raising hands. The results of the meeting must be made in minutes, signed by the police guards and campers.
- Based on the results of the meeting, the Police Superintendent is responsible for making a list, proposing a reduction for each student and camper and enclosing the minutes of the meeting to be transferred to the Ministry Team, records, Education Group, records to report to the Subcommittee of the division or subdivision (for reformatory schools with divisions, compulsory educational institutions with subdivisions) or transferred to the professional team assigned by the director of the compulsory educational institution to report to the review council, proposing to reduce the time limit for observing the decision on the application of measures to put into reform schools or compulsory educational institutions specified in Clauses 1 and 2, Article 6 of this Circular.
When at least 2/3 of the members of the Review Council agree, the director of the compulsory educational institution shall complete the dossier of request to reduce the time limit for observing the decision on the application of measures to put into compulsory educational institutions specified in Article 4 of this Circular and forward it to the Appraisal Council of the Police Department managing the prison, compulsory education institutions and reform schools specified in Article 7 of this Circular for appraisal.
- Within 02 working days from the date of receipt of the dossier of request for reduction of the time limit for observing the decision on application of measures to be put into reform schools or compulsory education institutions, the Appraisal Council of the Police Department managing prisons and educational institutions is required to consider, appraisal and written response.
Within 02 working days from the date of receipt of the written request from the Appraisal Council of the Director of the compulsory education institution, complete and send the dossier to the People's Court of the district where the reformatory or compulsory education institution is located, consider and decide to reduce the time limit for observing the decision on application of measures to be put into compulsory education institutions.
Who has the right to set up a review board, proposing to reduce the time limit for observing the decision to apply measures to include in compulsory education institutions in Vietnam?
According to the provisions of Clause 1 Article 6 of Circular 43/2022/TT-BCA on this content as follows:
The Council shall review and propose to reduce the time limit for observing the decision on the application of measures to be put into reform schools and compulsory education institutions.
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2. The director of the compulsory educational institution shall establish a review council, propose to reduce the time limit for observing the decision on application of measures to be included in the compulsory education institution, including: the director of the compulsory educational institution shall be the chairman of the council; Deputy Director in charge of education, dossier as Vice President of the council; The permanent members are the Deputy Directors and Heads of Divisions; The Commissioner and the Secretary are the commanders of the subordinate professional teams decided by the Director of the compulsory educational institution.
For compulsory educational institutions with subdivisions, the director of compulsory educational institutions shall decide to establish in each subdivision a subcommittee for review, proposing to reduce the time limit for observing the decision on the application of measures to include compulsory education institutions, the composition of which includes: The Division Head serves as the Subcommittee Head; Commissioners and secretaries are representatives of subordinate professional teams decided by the Director of the compulsory educational institution.
3. The head of the subcommittee specified in Clauses 1 and 2 of this Article shall report the results of the review, propose to reduce the time limit for observing the decision for students and campers to the review council, propose to reduce the time limit for observing the decision on the application of measures to be put into reform schools, compulsory educational institutions.
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