After serving the decision for 2 years, can a person be treated as if he/she was never subject to compulsory educational measures in the community in Vietnam?

After serving the decision for 2 years, can a person be treated as if he/she was never subject to compulsory educational measures in the community in Vietnam?

Based on Article 11 of Decree 120/2021/ND-CP stipulating the period after which an offender is treated as if he/she was never subject to compulsory educational measures in the community as follows:

1. Within 2 years from the date of completion of execution of the decision or 01 year from the date of expiration of the statute of limitations for enforcement of the decision, if the individuals subject to application of compulsory educational measures in the community fail to repeat their violations, such individuals will be treated as if he/she was never subject to compulsory educational measures in the community.

2. Within 01 year from the date of completion of execution of the decision or expiration of the statute of limitations for enforcement of the decision, if the minors subject to application of compulsory educational measures in the community fail to repeat their violations, the minors will be treated as if he/she was never subject to compulsory educational measures in the community.

Therefore, you have complied with the decision to apply the compulsory educational measure in the community for 2 years and have not repeated since then, so you are considered not subject to compulsory educational measures in the community.

After serving the decision for 2 years, can a person be treated as if he/she was never subject to compulsory educational measures in the community in Vietnam? (Image from the Internet)

Who provides the funding for implementation of compulsory educational measures in the community in Vietnam? 

According to Article 12 of Decree 120/2021/ND-CP stipulating the funding for implementation of compulsory educational measures in the community as follows:

1. The State provides the funding for activities throughout the process of application of compulsory educational measures in the community, including:

a) Verification, collection of documents and compilation of dossier proposing to apply compulsory educational measures in the community ;

b) Drug test and identification of addiction;

c) Organization of consulting meetings;

d) Transfer of subjects to residence or to social relief establishment.

dd) Management of persons aged 18 or older who illegally use narcotic substances without stable residence;

e) Education and management of minors at the social relief establishments;

g) Assistance for persons assigned to help the persons subject to education (hereinafter referred to as “the educated persons”;

h) Management of implementation of law on application of compulsory educational measures in the community ;

i) Other necessary expenses.

2. The funding specified in Clause 1 of this Article shall be secured by the local budget and other funding sources (if any).

3. The funding for assistance for a person assigned to help the educated person shall be at least 360.000 VND/month;

Therefore, the funding for implementation of compulsory educational measures in the community in Vietnam is ensured by the state, local budget, and other funding sources (if any).

Best Regards!