Measures replaced for handling of administrative violations for minors in Vietnam

Measures replaced for handling of administrative violations for minors in Vietnam (Internet image)

1. Measures replaced for handling of administrative violations for minors in Vietnam

Measures replaced for the handling administrative violations for minors under Article 138 of the Law on Handling Administrative Violations 2012 (amended in 2020) include:

(1) Reminding;

(2) Managing at home.

(3) Community-based education.

2. Measure of reminding in Vietnam

Article 139 of the Law on Handling Administrative Violations 2012 (amended in 2020) stipulates measure of reminding as follows:

- Reminding is a measure replaced for handling administrative violations in order to point out violations committed by minors, it is implemented with respect to minors committing acts of administrative violations which as prescribed by law, they must be sanctioned administrative violations, if there are the following conditions:

+ The administrative violations according to regulation must be sanctioned warnings;

+ The violating minors have voluntarily reported their violations, honestly repenting their violations.

- Based on provisions on clause 1 of Article 139 of the Law on Handling Administrative Violations 2012 (amended in 2020), the persons competent to impose sanctions shall decide application of reminding measure.

The reminding is implemented in speech, on the spot.

3. Measure of managing at home in Vietnam

Pursuant to Article 140 of the Law on Handling Administrative Violations 2012 (amended in 2020), home-based management is an alternative to an administrative sanction applicable to minors defined in clauses 3 and 4 and persons aged between 14 years and under 18 years who illegally use narcotic substances specified in clause 5 of Article 90 of the Law on Handling Administrative Violations 2012 (amended in 2020) when the following conditions are fully satisfied:

+ Persons aged between 14 years and under 16 years who have been administratively sanctioned twice, and on whom an administrative violation record is issued at the third attempt within 06 months, for one of the acts of causing public disorder, property theft, gambling, fraud or illegal racing.

+ Persons aged between 16 years and under 18 years 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, such as 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, which are not treated as crimes.

+ Persons aged 14 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 the act of illegally using narcotic substances.

Conditions to apply the measure of managing at home in Vietnam as follows:

+ They have voluntarily reported, and sincerely apologized for their acts of violation;

+ There is favorable living environment for application of this sanction;

+ Their parents or guardians are eligible to perform the tasks of management and voluntarily assume home-based management responsibilities.

- Based on provisions above, the President of the commune-level People’s Committee shall decide application of measure of management at home.

- The time limit of application of measure of management at home is between 03 months and 06 months.

- Within 03 days, after the decision on application of measure of management at home takes effect, the President of the commune-level People’s Committee having issued decision must send it to family and assign organizations, individuals where such person resident to coordinate and supervise implementation.

The minors, who are managed at the family, are entitled to go to school, or participate in learning programs or other vocational programs, participate in programs on consulting and developing life skills at the community.

- During time of management at home, if minors continue committing acts of law violations, the competent persons specified in clause 2 of this Article shall decide stop application of this measure and handle as prescribed by law.

4. Measures of community-based education in Vietnam

- Community-based education is an alternative to an administrative sanction applicable to persons aged between 12 years and under 14 years who are defined in clause 1 of Article 92 of Law on Handling Administrative Violations 2012 (amended in 2020) if they have stable residences, are studying at educational institutions and their parents and guardians make written commitments regarding management and education of their children or protected persons.

- According to regulations laid down above, the People’s Court shall decide on the community-based education sentence.

- The effective period of the community-based education sentence shall vary from 06 months to 24 months.

- Within 03 working days from the effective date of the community-based education sentence, the People's Court where the decision on such sentence has been made must send the decision to the minor’s parent or guardian and the People's Committee of the commune where that person is residing or the child support facility or the social protection establishment to request them to cooperate in implementation or supervision of the compliance.

Minors subject to community-based education sentences may attend school or participate in other learning or vocational training programs; participate in counseling and community-based life skill development programs.

(Article 140a of the Law on Handling Administrative Violations 2012 (amended in 2020))

Van Trong

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