Who decides on the assignment of the educational measure executor in Vietnam?

Who decides on the assignment of the educational measure executor in Vietnam? (Internet image)

According to Article 8 of Decree 10/2012/ND-CP, the Chairman of the commune-level People's Committee, head of the social organization, and the Principal of the school assigned for supervision and education are responsible for deciding who will directly supervise, educate, and assist the person subject to educational measure in Vietnam. The person directly overseeing, educating, and assisting the person subject to educational measure must possess good moral character, knowledge, skills in social work, education, or necessary understanding of the psychology and physiology of minors. At one time, one person can be tasked with supervising, educating, and assisting many persons being educated, but it must be ensured that each person subject to educational measure has an individual directly overseeing, educating, and assisting them. In cases where the assigned overseer and educator are no longer able to assist, the commune-level People's Committee, social organization, or school assigned with supervision and education must promptly assign another person as a replacement.

- Individuals with good repute in the residential community, with the capability, competence, and experience in managing, educating, and assisting offenders and law violators, have the right to register and propose to the Chairman of the commune People's Committee, head of the social organization, or the Principal of the school for consideration and decision on assigning the task of direct supervision, education, and assistance to the person subject to educational measure.

Additionally, based on the period of application, nature, severity of the offense, personal background, health, gender, age, education level, family circumstances, and living environment of the person subject to educational measure, the Chairman of the commune People's Committee, head of the social organization, or the Principal of the school and the person assigned for supervision and education must establish a plan and propose suitable supervision, education, and assistance measures.

- The commune-level People's Committee, social organization, school, and individuals tasked with supervision and education are responsible to cooperate with local residential units and the family, regularly meet, educate, motivate, understand the aspirations and difficulties of the person subject to educational measure to find assistance measures; propose relevant authorities and organizations to create conditions for the person subject to educational measure to study, seek employment, and stabilize life; guide and assist in performing procedures for permanent residence registration, temporary residence, lodging notice, temporary absence declaration, issuance, replacement, or reissuance of Identity Cards, issuance of criminal record certificates, legal aid; guide compliance with laws, local regulations, and the rights and obligations of the person subject to educational measure; promptly detect, prevent, and handle any further legal violations by the person subject to educational measure.

Furthermore, once a month, the responsible agency, social organization, school, and the individual tasked with supervision and education must report to the Chairman of the commune People's Committee on the results of oversight, education, and assistance for the person subject to educational measure. Every three months, the Chairman of the commune People's Committee, head of the social organization, or the Principal of the school tasked with supervision and education must report to the district-level criminal judgment execution agency about the situation, results of enforcement, and the supervision, education, and assistance provided to the person subject to educational measure in Vietnam.

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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