Procedures for suspension of sending to reformatories and compulsory education establishments in Vietnam

Procedures for suspension of sending to reformatories and compulsory education establishments in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Procedures for suspension of sending to reformatories and compulsory educational establishments are specified in Article 8 and Article 10 of Circular 43/2022/TT-BCA as follows:

1. Application for suspension of sending to reformatories or compulsory education establishments in Vietnam

1.1. Application for suspension of sending to a reformatory

The dossier requesting suspension of execution of the decision to apply the measure of sending to a reformatory shall comply with the provisions of Clause 3, Article 15 of Decree 140/2021/ND-CP, specifically as follows:

If a student is seriously ill and is sent home for treatment, the principal of the reformatory shall compile a dossier and request the district People's Court where the reformatory is located to consider and decide. Profile include:

- Document from the Principal of the reformatory requesting the district-level People's Court to consider temporarily suspending execution of the decision;

- Copy of the decision to apply the measure of sending to a reformatory;

- Sponsorship application from the student's family clearly stating the reason, with confirmation from the local government;

- A commitment to comply with the provisions of the law;

- Written confirmation or a copy of the medical record from a medical examination and treatment facility at the district level or higher regarding the student's serious illness.

1.2. Application for suspension of placement in a special education facility

Dossier requesting suspension of compliance with the decision to apply the measure of sending to a compulsory educational facility shall comply with the provisions of Clause 3 of Article 29 of Decree 140/2021/ND-CP, specifically as follows:

If a detainee is seriously ill and is sent home for treatment, the Director of the compulsory education facility is required to compile a dossier and request the district People's Court where the compulsory education facility is located to consider and decide. Profile include:

- Document from the Director of the compulsory educational institution requesting the district-level People's Court to consider temporarily suspending execution of the decision;

- Sponsorship application from the camp's family clearly stating the reason, with confirmation from the local government;

- Copy of the decision to apply the measure of sending to a compulsory education facility;

- A commitment to comply with the provisions of law;

- Written confirmation or a copy of the medical record from a medical examination and treatment facility at the district level or higher regarding the camp's serious illness.

2. Procedures for suspension of sending to reformatories and compulsory education establishments in Vietnam

Students of reformatories and detainees of compulsory education establishments who are subject to suspension of execution of decisions on the application of measures sent to reformatories or compulsory education establishments stipulated in Clause 2, Article 112 of the Law on Handling of Administrative Violations:

Professional teams have functions and tasks; According to the assignment of the Principal of the reformatory, the Director of the compulsory education institution is responsible for completing the dossier and reporting to the Principal of the reformatory and the Director of the compulsory education institution to send to the district-level People's Court where the reformatory or compulsory education facility is located to consider and decide to temporarily suspend the implementation of the decision to apply the measure of sending to a reformatory or compulsory education facility for students and inmates.

3. What are the measures to send to reformatories or compulsory educational establishments in Vietnam?

- Sentencing to a reformatory is an administrative handling measure applied to people who violate the law as prescribed in Article 92 of the Law on Handling of Administrative Violations aims to help them learn culture, learn a profession, work, and live under the management and education of the school.

- Consignment to a compulsory education facility is an administrative handling measure applied to people who violate the law as prescribed in Article 94 of the Law on Handling of Administrative Violations to work, study culture, learn a trade, and live under the management of compulsory educational establishments.

Diem My

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