Vietnam: Notes when identifying persons subject to educational measures at the commune

According to Circular No. 48/2014/TT-BCA of the Ministry of Public Security of Vietnam, when determining the person subject to the measure of education in the commune, ward or town as prescribed in Clause 2 Article 4 of Decree No. 111/2013/NĐ-CP of Vietnam’s Government, the followings should be noted:

- A person from 12 years old to under 14 years old who commits an act showing signs of a very serious crime intentionally as defined in the Criminal Code is understood as: Within 01 year from the date that person commits a crime that causes great harm to society and the maximum penalty for that crime is fifteen years in prison, a dossier will be filed to apply educational measures at the commune, ward or town.

- ​A person from 14 years old to under 16 years old who commits an act showing signs of a serious intentional crime as defined in the Criminal Code is understood as: Within 06 months from the date that person commits a crime that causes great harm to society and the maximum penalty for that crime is seven years in prison, a dossier will be filed to apply educational measures at the commune, ward or town.

- A person from 14 years old to under 18 years old, within 6 months, has been sanctioned at least twice for administrative violations of theft, fraud, gambling, or disturbing public order or a person from 18 years old or older who has been sanctioned at least twice for administrative violations in the past 6 months for violating the property of agencies or organizations; property, health, honor, dignity of citizens or foreigners; commits violation of social order and safety, understood as: Within 06 months from the date that person commits one of the administrative violations specified in Points c and dd Clause 2 Article 4 of Decree No. 111/2013/NĐ-CP, and has been sanctioned for administrative violations according to regulations for the second time, if the administrative violation continues from the third time onwards but does not reach the level of criminal prosecution, the decision to sanction the administrative violation will not be issued for this violation but prepare a record of violations and a record of applying educational measures in communes, wards and towns.

View details at Circular No. 48/2014/TT-BCA of the Ministry of Public Security of Vietnam, effective from December 08, 2014.

- Thu Ba -

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