Procedures for sending a person to reformatories in Vietnam

Procedures for sending a person to reformatories in Vietnam (Internet image)

1. Subjects of application of measure sending to reformatories in Vietnam

Subjects of application of measure sending to reformatories in Vietnam under Article 92 of the Law on Handling of Administrative Violations 2012 (amended in 2020) are as follows:

- Persons aged between 12 years and under 14 years who commit acts suspected to be extremely serious crimes defined in the Criminal Code.

- Persons aged between 14 years and under 16 years who commit acts suspected to be very or extremely serious crimes defined in the Penal Code, except for those crimes prescribed in clause 2 of Article 12 in the Criminal Code.

- Persons aged between 14 years and under 16 years who commit one of the acts prescribed in clause 2 and 3 of Article 90 of the Law on Handling of Administrative Violations 2012 (amended in 2020), and are already subject to the sanction of receiving compulsory educational services at communes, wards or towns before.

- Persons aged between 16 years and under 18 years who commit one of the acts prescribed in clause 4 of Article 90 of the Law on Handling of Administrative Violations 2012 (amended in 2020) which are not crimes, and are already subject to the sanction of receiving compulsory educational services at communes, wards or towns before.

- Exemption from the sanction of being compulsorily sent to reform schools shall be granted in the following cases:

+ Persons are incapable of fulfilling administrative liabilities;

+ Pregnant persons obtaining health certificates from healthcare establishments at the district or higher level;

+ Women or persons, by themselves, taking care of children under 36 months of age, who are certified by the People's Committees of the communes where they are residing.”.

2. Procedures for sending a person to reformatories in Vietnam

Documents and procedures for sending a person to reformatory in Vietnam according to Article 14 of Decree 140/2021/ND-CP are as follows:

- When sending people to reformatories, documents must be attached including:

+ A decision of the district-level People's Court on the application of the reformatory measure;

+ 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 sending to reformatory's background and law violations;

+ The list and only copies of the person subject to the reformatory measure;

+ Copies of applicable educational decisions (if any);

• decide to appoint a family or organization to manage the person who has decided to apply for the measure of confinement in a reformatory at the time of application;

+ District-level or higher health certificate of medical examination and treatment establishments;

+ Any other documents pertaining to the identity of the person subject to the measure of confinement in a reformatory (if any).

- For a person who has to serve the decision to apply the measure of consignment to a reformatory but has not yet executed the decision but flees and is apprehended but is under the age of 18:

The head of the district-level police office where the file has been made shall be responsible for organizing the sending of such a person to a reformatory for execution of the decision. 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 handing over or receiving people, they must comply with the decision to apply the measure of sending them to reformatories.
The reformatory must compare and check the assignee and recipient with the documents in the file, the current health status of the assignee or recipient, personal belongings brought, and other issues related to the 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

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