On March 10, 2018, the Government of Vietnam promulgated Decree 37/2018/ND-CP detailing the implementation of supervision and education measures for individuals under 18 years of age who commit crimes and are exempt from criminal liability.
Decree 37 stipulates details on the preparation of records, assignment of persons responsible for direct supervision, and notification regarding the implementation of supervision and education measures. Specifically, as follows:
Immediately after receiving the decision to apply the supervision and education measure from the competent procedural authority, the Chairman of the Commune People's Committee shall assign the Commune Public Security to carry out the prescribed tasks.
Within 5 working days from the date of receiving the task, the Commune Public Security must complete the following tasks:
- Prepare initial records, including personal background information of the supervised and educated person, and copies of the decision to apply the supervision and education measure of the competent procedural authority;- Based on the background, conditions, and circumstances of the supervised and educated person; the capability, workload, and opinions of individuals on the list of persons responsible for direct supervision and education, propose the person responsible for direct supervision and education to report to the Chairman of the Commune People's Committee for consideration and decision.
Based on the proposal of the Commune Public Security, the Chairman of the Commune People's Committee shall issue a Decision to assign the person responsible for direct supervision and education.
The Decision to assign the person responsible for direct supervision and education must be promptly sent to the person assigned to direct supervision and education, the supervised and educated person, and their parents or guardians.
One person can be assigned to directly supervise and educate multiple people but not more than 3 people at the same time.
During the implementation of the supervision and education measure, if the person responsible for direct supervision and education is unable to continue the task or fails to complete the assigned task, the Commune Public Security must promptly propose a replacement, report to the Chairman of the Commune People's Committee for consideration and decision.
The Decision to assign the person responsible for direct supervision and education must be filed in the dossier for implementation of the supervision and education measure.
Within 2 working days from the date of assigning the person responsible for direct supervision and education, the Chairman of the Commune People's Committee shall summon the supervised and educated person; invite their parents or guardians, the person responsible for direct supervision and education, and the Commune Public Security to notify them of the implementation of the supervision and education measure.
The contents of the notification regarding the implementation of the supervision and education measure include:
- Notification of the rights and obligations of the supervised and educated person;- Introduction of the person responsible for direct supervision and education; the responsibilities of the person responsible for direct supervision and education;- The responsibility of the family in coordinating the implementation of the supervision and education measure.
The notification regarding the implementation of the supervision and education measure must be made in a record and filed in the dossier for the implementation of the supervision and education measure.
Decree 37/2018/ND-CP takes effect from March 10, 2018.
-Thao Uyen-
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