What are the actions against the offender who commits an administrative violation during the mandatory supervision in the community in Vietnam?

What are the actions against the offender who commits an administrative violation during the mandatory supervision in the community in Vietnam? (Illustrative photo)

According to Circular 65/2019/TT-BCA, actions against the offender who commits an administrative violation during the mandatory supervision in the community in Vietnam are specified as follows:

1. If the offender violates the obligations of the offender, the commune-level police authority must make a record of the violation or report to the commune-level People's Committee, and propose the district-level criminal judgment execution authority to handle under the Law on Criminal Judgment Execution and related laws.

2. If the offender violates the law and is administratively sanctioned, the commune-level police authority shall file the decision to impose administrative penalties and related documents (if any) into the monitoring file to manage and educate the offender as a basis for evaluation; assist the commune-level People's Committee to report to the district-level criminal judgment execution authority for record in the execution dossier.

3. If the offender is sent to a reformatory, compulsory education institution, compulsory medical facility, or compulsory rehabilitation center, the following should be done:

- The district-level criminal judgment execution authority the commune-level People's Committee must cooperate with the relevant agencies and organizations to execute the judgment and manage, supervise, and educate the offender;

- Immediately after the offender is sent to a reformatory, compulsory education institution, compulsory medical facility, or compulsory rehabilitation center, the commune-level police shall assist the commune-level People's Committee to notify these agencies or organizations to cooperate in managing, supervising, and educating the offender and propose a written evaluation of the offender's compliance with the internal regulations of such institutions per Clause 2, Article 10 of Circular 65/2019/TT-BCA for inclusion in the management, supervision, and educational files and as a basis for evaluations and reports; report to the district-level criminal judgment execution authority for follow-up.

- If the offender completes the decision to be sent to a reformatory, compulsory education institution, compulsory medical facility, or compulsory rehabilitation center but has not yet completed the sentence, the execution of the sentence continues according to the regulations. If the execution term expires but the offender has not yet completed the decision to be sent to the reformatory, compulsory education institution, compulsory medical facility, or compulsory rehabilitation center, the procedure to conclude the execution is carried out under Article 15 of Circular 65/2019/TT-BCA.

More details can be found in Circular 65/2019/TT-BCA effective from January 15, 2020.

Thuy Tram

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