Canceling the decision to suspend sending people aged 12 to 18 years old to mandatory rehab in Vietnam

The decision to suspend sending persons aged 12 to 18 years to mandatory rehab in Vietnam may be canceled in some cases. The following are regulations on canceling decision to suspend sending persons aged from 12 to 18 years old to mandatory rehab facilities.

Canceling the decision to suspend sending people aged 12 to 18 years old to mandatory rehab in Vietnam (illustration)

1. Cases of suspending the decision to send people from 12 to 18 years old to mandatory rehab in Vietnam

The judge shall issue a decision to suspend decision of sending subjects to mandatory rehab facilities when having one of the following grounds:

- Subjects who are proposed to commit illegal acts are being examined for criminal liability or are being considered for administrative handling measures and sent to reformatories;

- When new circumstances arise on the health and mental status of the subjects and it is necessary to request the Head of the Division of Labor, War Invalids and Social Affairs of Vietnam to solicit expertise;

- There is a force majeure event which make it not possible to open a meeting to decide on sending the subjects to mandatory rehab facilities;

- The subject is seriously ill, certified by a medical examination and treatment establishment at the district level or higher.

Note: When the reason for the suspension no longer exists, the Court shall consider reopening the meeting in accordance with Ordinance 01/2022/UBTVQH15.

(Clause 2 and 3, Article 16 of Ordinance 01/2022/UBTVQH15)

2. Cancel the decision to suspend sending people from 12 to 18 years old to mandatory rehab in Vietnam

2.1. Conditions for canceling the decision to suspend sending people from 12 to 18 years old to mandatory rehab in Vietnam

The decision to suspend the execution of the decision on sending subjects to amandatory rehab facilities is canceled as follows:

- When the conditions for suspension of execution of a decision on sending subjects to amandatory rehab facilities are no longer exist or the subjects being suspended continues to use drugs or there are grounds to believe that the subjects have escaped, the People's Committee of The commune in Vietnam where the subjects temporarily suspended from residence must send a written notice to the court that has issued the decision.

(Clause 1, Article 34 of Ordinance 01/2022/UBTVQH15)

2.2. Procedures for canceling the decision to suspend sending people from 12 to 18 years old to mandatory rehab in Vietnam

Step 1: Consider canceling the decision on the suspension

Within 03 working days from the date of receiving the written notice of the commune-level People's Committee, the court shall consider canceling the decision to suspend and force the subjects being suspended to comply with the decision on sending the subjects to mandatory rehab facilities.

Step 2: Make a decision on sending the subjects to mandatory rehab

A decision on compulsory execution of a decision on sending the subjects to mandatory rehab takes effect immediately and must be sent to the person subject to the decision, his/her parents or guardian or legal representative, the director of the mandatory rehab facilities, the district-level police office and the same-level procuracy within 02 working days from the date of issuance of the decision.

(Clause 2, Article 34 of Ordinance 01/2022/UBTVQH15)

Ngoc Nhi

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