What is the dossier of request for suspension of decision on compulsory sending to reform schools in Vietnam?
- What is the dossier of request for suspension of decision on compulsory sending to reform schools in Vietnam?
- What are the procedures on requesting for suspension of decision on compulsory sending to reform schools in Vietnam?
- What are the execution and management of persons suspended from execution of decisions on compulsory sending to reform schools in Vietnam?
What is the dossier of request for suspension of decision on compulsory sending to reform schools in Vietnam?
Pursuant to Article 8 of Circular 43/2022/TT-BCA guiding as follows:
Dossier of request for suspension of decision on compulsory sending to reform schools
1. The application file for temporary suspension of the decision on compulsory sending to reform schools shall comply with the provisions of Clause 3, Article 15 of Decree No. 140/2021/ND-CP.
Accordingly, the application file for temporary suspension of the decision on compulsory sending to reform schools according to the provisions of Clause 3, Article 15 of Decree 140/2021/ND-CP, specifically as follows:
- A document of the reform school principal requesting the district-level People's Court to consider suspending the execution of the decision;
- A copy of the decision to apply the measure of sending to reformatory;
- The student's family sponsorship application stating the reason, certified by the local authority;
- A commitment to comply with the provisions of the law;
- A written certification or copy of the medical record of the medical examination and treatment facility at the district level or higher about the student's serious illness.
What is the dossier of request for suspension of decision on compulsory sending to reform schools in Vietnam? (Image from the Internet)
What are the procedures on requesting for suspension of decision on compulsory sending to reform schools in Vietnam?
Pursuant to Article 10 of Circular 43/2022/TT-BCA stipulates as follows:
Order and procedures for requesting for suspension of decision on compulsory sending to reform schools
For reformatory students who fall into the case of temporary suspension of execution of the decision to apply the measure of compulsory sending to reform schools specified in Clause 2, Article 112 of the Law on Handling of Administrative Violations, professional teams have the following functions, duties and as assigned by the principal of the reformatory, the director of the compulsory education institution shall complete the dossier specified in Article 8 of this Circular and report it to the reformatory principal for sending to the People's Court. The district level where the reform school is located shall consider and decide to suspend the execution of the decision on compulsory sending to reform schools.
Accordingly, professional teams with functions, tasks and as assigned by the principal of the reform school must complete the dossier and report to the reformatory principal.
After completing the dossier, it shall be sent to the district-level People's Court of the locality where the reform school is located for consideration and decision to suspend the execution of the decision on compulsory sending to reform schools.
What are the execution and management of persons suspended from execution of decisions on compulsory sending to reform schools in Vietnam?
Pursuant to Article 12 of Decree 140/2021/ND-CP stipulating the implementation and management of persons temporarily suspended from execution of decisions on compulsory sending to reform schools as follows:
- When receiving the postponement decision, the district-level police chief shall organize the implementation. Upon receiving the decision on temporary suspension, the principal of the reform school or the director of the educational institution must organize the implementation.
- Within 05 working days from the date of receipt of the decision, the person who is temporarily suspended from serving the measure of compulsory sending to reform schools shall present himself to the People's Committee of the commune where he/she resides;
In case that person is unable to present himself, his/her family or legal representative is responsible for reporting.
When the time limit for temporary suspension of execution of the decision expires, the person suspended from execution of the decision to apply the measure of sending to reformatories must comply with the following provisions:
+ When the suspension period expires, the camper or student must voluntarily go to the reformatory to continue serving the decision;
Upon the expiration of the temporary suspension period, if they do not voluntarily go to the district-level police station or reformatory, the head of the district-level police department, the principal of the reformatory, the director of the educational institution must organize the escort. The escorting shall comply with the provisions of law;
+ When the suspension period expires, but the health has not been restored or the family is still facing special difficulties, the person being suspended, the camper, the student or their family member or legal representative must: have a written request for extension of the suspension together with the written certification of the medical examination and treatment establishment at the district level or higher of the serious illness, certification of the commune-level People's Committee of the family in special circumstances. especially difficult situation, send it to the reformatory school principal to request the district-level People's Court where the decision to suspend the suspension has been issued to consider and decide to extend the suspension.
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