Time Limit for notifying the enforcement of educational measures for juvenile offenders in Vietnam

Time Limit for notifying the enforcement of educational measures for juvenile offenders in Vietnam (Internet image)

Article 6 of Decree 10/2012/ND-CP stipulates that within three working days, from the date of receiving the verdict, the decision to apply educational measures at commune, ward, commune-level town for juvenile offenders, the district-level criminal judgment-enforcing agency must send a copy of the verdict, the court's decision to the commune-level People's Committee, the social organizations, and the school assigned to supervise and educate the person being educated. In case a social organization or school is assigned to supervise and educate the person being educated, the district-level criminal judgment-enforcing agency must send a copy of the verdict, the court's decision to the commune-level People's Committee where the person being educated resides for management, monitoring, and directing the implementation of educational measures at commune, ward, commune-level town for juvenile offenders as prescribed in Clause 3, Article 113 of the Law on Execution of Criminal Judgments and this Decree.

In case the person being educated has changed their place of residence, the Chairman of the commune-level People's Committee shall inspect, verify and report to the district-level criminal judgment-enforcing agency to carry out the procedures for transferring the verdict, the court's decision for applying educational measures at commune, ward, commune-level town to the place of residence of the person being educated for organizing the implementation as prescribed in Clauses 3 and 4, Article 11 of this Decree.

Additionally, within five working days, from the date of receiving the verdict, the decision to apply educational measures at commune, ward, commune-level town, the Chairman of the commune-level People's Committee or the head of the social organization or the Principal of the school assigned by the Court to supervise and educate must summon the person being educated and invite their parents or guardians, the person assigned to directly supervise, educate to the headquarters to inform about the implementation of educational measures at commune, ward, commune-level town; the responsibilities, authorities of the agencies, organizations, society, school, the person assigned to supervise, educate; the rights and obligations of the person being educated, and at the same time require the person being educated to make a commitment to compliance. In case the person being educated is illiterate, their parents or guardians shall write on their behalf. The commitment of the person being educated must have the confirmation opinion of their parents or guardians. The notification must be made into a record, kept in the execution file, and reported to the district-level criminal judgment-enforcing agency in Vietnam.

In case the person being educated escapes, the Chairman of the commune-level People's Committee shall report to the district-level criminal judgment-enforcing agency to issue a decision to search for and organize the search. When discovering the fleeing person being educated is being searched, agencies, organizations, individuals, and families shall report to the nearest Police agency or local authorities. Upon receiving the person being educated, the receiving agency must make a record and immediately bring the person being educated to the district-level criminal judgment-enforcing agency where they escaped to notify the district-level criminal judgment-enforcing agency that issued the search decision to receive and bring the person being educated back to their place of residence to continue their compliance.

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

Le Vy

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