Vietnam: Persons subject to educational measures in communes, wards, towns

Educational measures at communes, wards and towns apply to violators to monitor, manage, and educate them at their place of residence, help them correct mistakes, and overcome the causes and conditions that lead to law violations. This measure does not apply to violators who are foreigners.

The majority of subjects subject to this measure are minors from 12 years old to under 18 years old who commit a violation of criminal law but are not old enough for criminal responsibility, or are old enough for criminal responsibility but the violation does not have enough elements to constitute a crime.

According to Decree No. 56/2016/NĐ-CP of Vietnam’s Government, the following persons shall be subject to educational measures in communes, wards, towns:

- Persons from 12 years old to under 14 years old commit acts showing signs of a very serious crime intentionally as prescribed in the Criminal Code;

- Persons from 14 years old to under 16 years old commit acts showing signs of a serious crime intentionally as prescribed in the Criminal Code;

- Persons from 14 years old to under 18 years old, within 6 months, have been sanctioned twice for administrative violations of one of the acts of theft, fraud, gambling, or disturbing public order that continues to be repeated, but is not serious enough to be prosecuted for criminal liability;

- Drug addicts aged 18 years or older with a stable place of residence. The application of educational measures at communes, wards and towns for these persons is carried out simultaneously with voluntary detoxification at home or in the community or treatment of opiate addiction with alternative medicine;

- Persons aged 18 years or older who, within a period of 6 months, have twice been administratively sanctioned for one of the acts of infringing on the property of an agency or organization; property, health, honor, dignity of citizens or foreigners; violating social order and safety but continuing to violate it for the third time but not to the extent of being prosecuted for criminal liability.

Depending on the nature, extent, consequences of the violation, personal identity, extenuating circumstances, and aggravating circumstances of the violator, the duration of applying educational measures in communes, wards and towns can be from 3 months to 6 months.

Decree No. 56/2016/NĐ-CP of Vietnam’s Government takes effect from August 15, 2016, which amends and supplements a number of articles of Decree No. 111/2013/NĐ-CP.

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