Subjects of Educational Measures allowed to be absent from place of residence in Vietnam

Recently, the Government of Vietnam issued Decree 10/2012/ND-CP detailing the implementation of judicial education measures at commune, ward, and commune-level town levels for juvenile offenders in Vietnam.

Người bị BPGD vắng mặt, Nghị định 10/2012/NĐ-CP

Subjects of Educational Measures allowed to be absent from place of residence in Vietnam (Internet image) 

Article 10 of Decree 10/2012/ND-CP stipulates that the educated individual may be absent from their residence for a justified reason. The absence period from the residence is considered part of the duration of executing the education measure at the commune-level, but the total absence period must not exceed one-third of the measure's duration and must comply with the following regulations:

- In the case of an absence from the residence of up to thirty days, the educated individual must report to the person assigned to directly supervise and educate them about the reason, duration of the absence, and the place of residence;

- In the case of an absence from the residence of over thirty days but less than three months, the educated individual must submit a written request specifying the reason, duration of the absence, and the temporary residence (for individuals under 16 years old, the consent of their parents or guardians is required), and directly report to the person assigned for supervision and education. Within three working days from the date of receiving the permission request, the supervisor and educator must consider and provide a written response about approving or disapproving the absence and inform the educated individual.

- The person directly supervising and educating must promptly report to the People's Committee at the commune level where the educated individual resides about their absence according to Clause 1 of this Article, so that the People's Committee at the commune level can document it and inform the corresponding People's Committee at the new location to cooperate in managing and educating the individual. If violations by the educated individual are discovered, the Chairman of the People's Committee at the destination must promptly notify the Chairman of the People's Committee at the residence in writing.

- Before leaving the residence, the educated individual must register their temporary absence with the commune-level police. Immediately upon arriving at the new residence or temporary stay, the individual must report their arrival, register their temporary stay with the commune-level police, and comply with the local residence laws. At the end of the stay, the commune-level police at the new location must confirm the stay period, temporary stay, and compliance with policies, laws, and local regulations in Vietnam.

- Within three working days from returning to their residence, the educated individual must directly report back to the supervisor and educator and go to the headquarters of the commune-level People's Committee, social organization, or assigned school to report and continue complying with the education measure at the commune level.

Note: Any absence period due to violation or without reporting or approval from the supervisor and educator will not be included in the duration of the education measure at the commune level.

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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