It Is Possible to terminate educational measures after half the enforcement duration in Vietnam

It Is Possible to terminate educational measures after half the enforcement duration in Vietnam (Internet image)

Article 12 of Decree 10/2012/ND-CP stipulates that when the person undergoing education has completed half of the period prescribed for the educational measure at the commune, ward, or commune-level town, and has shown significant improvement, a proposal can be made to terminate the educational measure in Vietnam.

- The Chairman of the commune-level People's Committee establishes a Council to propose the termination of the educational measure at the commune, ward, or commune-level town for juvenile offenders. The Council is composed of the Chairman of the commune-level People's Committee as the Chairman of the Council; a representative from a social organization or school assigned to supervise and educate as Vice Chairman of the Council; a representative from the commune-level Police as a Member; and the person responsible for supervision and education as the Secretary Member.

- The Council to propose the termination of the educational measure at the commune, ward, or commune-level town for juvenile offenders convenes to hear reports from representatives of the supervising agencies, social organizations, schools, and from the supervisor responsible for education, then it votes by a show of hands. It completes the documentation and sends a report signed by the Chairman of the Council to the district-level criminal execution agency of the Police.

- The district-level criminal execution agency of the Police verifies, investigates, and prepares documentation to propose the People's Court at the same level to consider the termination of the educational measure at the commune, ward, or commune-level town for the person in education.

- Immediately after the court's decision regarding the termination of the educational measure at the commune, ward, or commune-level town for the juvenile offender becomes legally effective, the district-level criminal execution agency of the Police completes the procedures to issue a completion certificate for the educational measure, and sends it to the person in education, the commune-level People's Committee, the supervising social organization or school, and the court that applied the measure.

- The commune-level People's Committee, the supervising social organization, and the school assigned to supervise and educate publicly announce the decision to terminate the educational measure at the commune, ward, or commune-level town for the juvenile offender, and issue the certificate of completion to the person in education.

Note: Within five working days from the announcement of the termination decision and the issuance of the completion certificate for the educational measure at the commune, ward, or commune-level town for the person in education, the commune-level People's Committee, the social organization, and the school assigned to supervise and educate must hand over the implementation and monitoring dossier of the person in education to the district-level criminal execution agency of the Police. This handover is documented and included in the implementation file.

For more details, refer to Decree 10/2012/ND-CP, which comes into effect in Vietnam from April 10, 2012.

Le Vy

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