What are the regulations on the application and procedures for sending a person subject to a decision on sending to compulsory education establishments in Vietnam?
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Application and procedures for sending a person subject to a decision on sending to compulsory education establishments in Vietnam (Internet image)
1. What are compulsory education establishments?
According to Article 93 of the Law on Handling Administrative Violations 2012, the sending to compulsory education establishments means the administrative handling measure applied to person committing acts violating law specified in Article 94 of the Law on Handling Administrative Violations 2012 in order to labor, follow general education, apprentice and have living activities under management of compulsory education establishments.
2. Subjects of application of measure sending to compulsory education establishments in Vietnam
Subjects of application of the measure of sending to compulsory educational institutions according to Article 94 of the Law on Handling Administrative Violations 2012 (amended in 2020) are as follows:
- Violators subject to the sanction of being compulsorily sent to educational establishments, including:
+ Persons aged 18 years or older who have been administratively sanctioned twice, and on whom a administrative violation record is issued at the third attempt within 06 months, for one of the acts prescribed in clause 6 of Article 90 of the Law on Handling Administrative Violations 2012 (amended in 2020) which is not a crime, and do not have stable residences;
+ Persons aged 18 years or older who commit one of the acts prescribed in clause 6 of Article 90 of the Law on Handling Administrative Violations 2012 (amended in 2020) which is not crimes, and are already subject to the sanction of receiving compulsory educational services at communes, wards or towns before.
- Not applying measure sending to compulsory education establishments for the following cases:
+ Persons having no administrative liability capacity;
+ Persons under 18 years old;
+ Women of over 55 and men of over 60 years old;
+ Pregnant women with certificate of hospital;
+ Being woman or sole person nurturing children under 36 months old certified by commune People’s Committee where that person is resident.
3. Application and procedures for sending a person subject to a decision on sending to compulsory education establishments in Vietnam
Application and procedures for sending a person who has made a decision to enter a compulsory education establishments under Article 28 of Decree 140/2021/ND-CP are as follows:
- Documents sent with people to compulsory education establishments include:
+ A decision of the district-level People's Court on the application of the measure of consignment to a compulsory education establishments;
+ Minutes of execution of the decision;
+ Decision on temporary detention of individuals in accordance with administrative procedures (if any);
+ A summary of the person subject to the measure of consignment to a compulsory education establishments's background and law violations;
+ The list, as well as only copies of the person subject to consignment to a compulsory education establishments;
+ Copies of applicable educational decisions (if any);
+ Decide to assign management to a family or organization;
+ District-level or higher health certificate of medical examination and treatment establishments;
+ Other documents pertaining to the identity of the individual subject to the measure of consignment to a compulsory education establishments (if any).
- If a person has to serve the decision to apply the measure of consignment to a compulsory education establishments but has not yet been sent to a compulsory education establishments and flees, the head of the district-level police office where the file has been made shall organize the sending of that person to a compulsory education establishments for execution of the decision upon finding him/her.Profile include:
+ Documents and papers included in the dossier as prescribed
+ Tracing decision;
+ Minutes of keeping the person with the tracing decision informed
+ Notice of tracing decision cancellation;
+ Documents on violations committed during the escape (if any).
- When delivering or receiving a person who has made the decision to apply the measure of consignment to a compulsory education establishments, the educational institution is required to compare and examine the assignee and recipient with the documents contained in the application file, the current health status of the person being delivered and received, personal belongings and belongings brought, and other issues related to delivery and receipt.
The delivery and receipt of people and dossiers must be recorded in writing. The dossier must be marked with a pen in accordance with regulations.
Quoc Dat
