Compulsory education establishment in Vietnam and 04 things you should know

Compulsory education establishment in Vietnam and 04 things you should know (Internet image)

1. What is compulsory education establishment?

The sending to compulsory education establishments means the administrative handling measure applied to person committing acts violating law specified in Article 94 of Law on Handling Administrative Violations 2012 (amended in 2020) in order to labor, follow general education, apprentice and have living activities under management of compulsory education establishments.

- The time limit for application of measure sending to compulsory education establishments is between 06 months and 24 months.

- The district-level People’s Courts have authorities for decision on application of measure sending to reformatories, sending to compulsory education establishment, sending to compulsory detoxification establishment.

(Article 93, Clause 2, Article 105 of the Law on Handling Administrative Violations 2012 (amended in 2020)

2. Violators subject to the sanction of being compulsorily sent to educational establishments in Vietnam

Pursuant to Clause 1, Article 94 of the Law on Handling Administrative Violations 2012 (amended in 2020), 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.

The acts specified in Clause 6, Article 90 of the of the Law on Handling Administrative Violations 2012 (amended in 2020) include:

- Offending the dignity and honor of other persons;

- Injuring or harming the health of other persons;

- Illegally seizing, destroying or intentionally damaging the property of other persons;

- Causing public disorder;

- Property theft;

- Gambling;

- Fraud;

- Illegal racing;

- Mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers.

3. Cases not applying the measure of sending to compulsory education establishments in Vietnam

According to Clause 2, Article 94 of the Law on Handling Administrative Violations 2012 (amended in 2020), 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.

4. Execution of decisions on sending to compulsory education establishments in Vietnam

- Within five days from the date of receiving the decision to apply the measure of sending to compulsory education institutions, the head of the district-level Police Department shall organize the sending of the person subject to the decision to the compulsory education establishments.

+ In case it takes more time to complete the dossier before sending the person subject to the decision to the compulsory education institution, the head of the district-level Police Department shall issue a decision on the temporary detention of such a person according to the prescribed administrative procedures. at point c, clause 1, Article 122 of the Law on Handling Administrative Violations 2012 (amended in 2020).

+ The time of temporary detention is counted toward the time of execution of the decision.

+ Detainees are entitled to the same diet as prisoners in compulsory education institutions, and this is budgeted for in the Ministry of Public Security's annual budget.

- If a person who must comply with a decision to apply the measure of consignment to a compulsory education institution fails to voluntarily comply or commits an act of opposition, he or she shall be be subject to the application of coercive measures as prescribed by law to force that person to comply with the decision.

- If the act of protest resembles a crime, a dossier must be prepared for consideration and prosecution for criminal liability in accordance with the law.

(Article 9 of Decree 140/2021/ND-CP)

Van Trong

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