Hanoi-Vietnam: Notes upon transferring dossiers of individuals sent to reformatories

Under href="https://lawnet.vn/vb/nghi-dinh-02-2014-nd-cp-thi-hanh-bien-phap-xu-ly-hanh-chinh-dua-vao-truong-giao-duong-35783.html">Nghị định 02/2014/ND-CP, when transferring the dossier of a person sent to a reformatory or a compulsory educational institution who has criminal signs for criminal liability prosecution, the following provisions must be complied with:

- When considering the dossier proposing the measure of being sent to a reformatory or a compulsory educational institution, if it is found that the person's violation has signs of a crime, the competent person must immediately transfer the dossier to the competent criminal procedure agency.

• + In case the criminal procedure agency suspends the investigation or suspends the case, the suspension decision along with the dossier shall be transferred to the Head of the District-level Justice Department.
• + The Head of the District-level Justice Department is responsible for checking the legality of the dossier and transferring it to the Head of the District-level Police Authority to be forwarded to the District People's Court for consideration and decision to apply the measure of being sent to a reformatory or compulsory educational institution.

- For cases where a decision to apply the measure of being sent to a reformatory or a compulsory educational institution has already been made, if it is later discovered that the person's violation has criminal signs and the statute of limitations for criminal liability has not expired, the following shall be resolved:

• In case the decision has not been executed, the Head of the District-level Police Authority where the District People's Court has issued the decision to send to a reformatory or a compulsory educational institution shall request the competent People's Court to review and decide to cancel that decision. Within three days from the date of receiving the decision to cancel the decision to send to a reformatory or a compulsory educational institution, the dossier of the subject must be transferred to the competent criminal procedure agency. If later, there is a decision to suspend the investigation, suspend the case, or the Court declares not guilty, the criminal procedure agency shall transfer the dossier back to the People's Court for consideration and decision to send to a reformatory or a compulsory educational institution for that person;
• In case the person is serving the decision at the reformatory or a compulsory educational institution, at the request of the competent criminal procedure agency, the Principal of the reformatory, the Director of the compulsory educational institution shall request the People's Court that issued the decision to send to the reformatory or the compulsory educational institution to review and decide to cancel the decision for that person...

More details can be found in href="https://lawnet.vn/vb/nghi-dinh-02-2014-nd-cp-thi-hanh-bien-phap-xu-ly-hanh-chinh-dua-vao-truong-giao-duong-35783.html">Nghị định 02/2014/ND-CP which came into effect on February 25, 2014.

Thu Ba

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