What are procedures for the meeting to consider and decide to send persons aged from full 12 to under 18 years old to compulsory rehabilitation establishments in Vietnam?

What are procedures for the meeting to consider and decide to send persons aged from full 12 to under 18 years old to compulsory rehabilitation establishments in Vietnam?

Pursuant to Article 21 of the Ordinance 01/2022/UBTVQH15 stipulating procedures for the meeting to consider and decide to send persons aged from full 12 to under 18 years old to compulsory rehabilitation establishments in Vietnam as follows:

1. A meeting to consider and decide on consignment to a compulsory rehabilitation establishment shall be held in person or online.

2. The meeting to consider and decide to send to the compulsory rehabilitation establishment shall be held in a friendly manner, ensuring the legitimate rights and interests of the proposed person. Meeting rooms are arranged in a friendly and safe manner. The judge assigned to conduct the meeting must ensure the provisions of Clause 1, Article 10 of this Ordinance, and wear the administrative uniform of the People's Court. During the meeting, the parent or guardian, the legal representative of the proposed person, supports the proposed person. The questioning of the proposed person must be appropriate to their age, level of development, level of culture and knowledge. Questions should be short, simple, easy to understand, not asking many questions at once.

3. Before opening the meeting, the meeting secretary shall perform the following tasks:

a) Disseminate the meeting rules;

b) Check the presence of persons requested by the Court to attend the meeting; if someone is absent, the reason must be clarified and reported to the judge for consideration to continue conducting the meeting or adjourn the session.

4. The meeting procedures shall be conducted as follows:

a) The judge declares the opening of the session;

b) The judge must explain the rights and obligations of the participants in the session. If there is a request to change the judge or secretary of the meeting, the judge must consider it; if there are grounds specified in Article 11 of this Ordinance, the meeting shall be suspended and reported to the Chief Justice of the Court for consideration and decision. If the judge or secretary of the session must be changed without another judge or secretary, the meeting must be adjourned. The adjournment of the meeting shall comply with the provisions of Clause 4, Article 20 of this Ordinance;

c) The head of the Division of Labor - Invalids and Social Affairs or an authorized person presents the contents of the request for consideration and decision on consignment to a compulsory rehabilitation establishment;

d) The petitioner, his/her parents or guardian or legal representative present their opinions on the content of the proposal of the Head of the Division of Labor, War Invalids and Social Affairs;

dd) The participants in the meeting present their opinions on the grounds for consignment to the compulsory rehabilitation establishment, requesting or not requesting the consignment to the compulsory detoxification establishment; the time of consignment to compulsory rehabilitation establishments;

e) Assessors, experts in health, psychology, education, sociology, representatives of the school where the person is proposed to study, representatives of the commune-level People's Committees, representatives of the Front Committee Vietnam at the commune level and member organizations of the Front where the proposed residence and other people participating in the meeting present their opinions to clarify related issues;

g) Head of Division of Labor - Invalids and Social Affairs or authorized person, proposed person, parent or guardian or legal representative, defender of legitimate rights and interests of the proposed person; debating the placement in a compulsory rehabilitation establishment;

h) Procurators express their opinions on the legitimacy of acts and decisions of courts, agencies, organizations and individuals in considering and deciding to send them to compulsory rehabilitation establishments as prescribed. of this Ordinance;

i) The judge announces the decision to send or not to send to a compulsory rehabilitation establishment; decide to suspend or suspend the consideration and decision to send to a compulsory rehabilitation establishment if it falls into the cases specified in Article 16 of this Ordinance.

What are included in the minutes of the meeting to consider and decide to send drug addicts from full 12 to under 18 years old to a compulsory rehabilitation establishment in Vietnam?

Pursuant to Article 22 of the Ordinance 01/2022/UBTVQH15 stipulating the minutes of the meeting to consider and decide to send drug addicts from full 12 to under 18 years old to a compulsory rehabilitation establishment in Vietnam as follows:

The minutes of the meeting to consider and decide to send to the detoxification establishment must clearly state the date, month, year, and location of the meeting; participants in the meeting; contents and developments of the meeting; judge's decision.

After the meeting ends, the judge must check the minutes, and together with the meeting secretary, sign the minutes. Procurator, proposed person, parent or guardian or legal representative, defender of lawful rights and interests of the proposed person, Head of Division of Labor - Invalids and Social Affairs or person authorized to view the minutes of the meeting, have the right to request that amendments and supplements be recorded in the minutes of the meeting and signed for certification.

Best regards!