Authority to Issue Decisions to Search for Escaped Students from Schools and Camps

Noteworthy is the regulation regarding the search for individuals who have been decided to be sent to reform schools, compulsory educational institutions but have absconded. To be specific, the cases are as follows:

(1) Individuals who have been decided to be sent to reform schools, compulsory educational institutions but have not yet executed the decision and have absconded: The Head of the District-level Police Department which compiled the dossier shall issue the search decision;

(2) If a student absconds, the Principal of the reform school shall issue the search decision; if a trainee absconds, the Director of the compulsory educational institution shall issue the search decision. Note that the time absconded from the reform school, compulsory educational institution shall not be counted towards the period of executing the decision of the student, trainee.

The authority that issued the search decision has the responsibility to organize the search for the absconding individual. In case the individual resists, the authority can apply necessary coercive measures as prescribed by law to compel the individual to comply.

At the same time, when detecting an individual with a search decision, everyone has the responsibility to immediately report it to the nearest Police Department or People's Committee, or take the individual immediately to the nearest Police Department or People's Committee to hand over the individual to the District-level Police Department.

The reception of the absconding individual must be documented by the Police Department, take the statement of the individual, and immediately notify the authority that issued the search decision to come and receive the individual.

Upon receiving the notification, the authority that issued the search decision must immediately send personnel to receive and escort the individual back to the reform school, compulsory educational institution. The handover and reception of such individuals must be documented. The escorting back to the reform school, compulsory educational institution shall be carried out according to the legal provisions on administrative escort.

(3) For individuals who have been decided to be sent to a reform school but have absconded before complying with the decision, if they are 18 years old or older upon being recaptured, the Principal of the reform school must request the District-level People's Court where the reform school is headquartered to consider and decide on applying the measure of sending them to a compulsory educational institution according to the provisions of the law.

(4) For students executing the decision at a reform school who abscond, if they are 18 years old or older upon being recaptured, the Principal of the reform school must request the District-level People's Court where the reform school is headquartered to consider and decide on applying the measure of sending them to a compulsory educational institution according to the provisions of the law.

Decree 02/2014/ND-CP takes effect from February 25, 2014.

- Thuy Phu -

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