This is a new notable content stipulated at the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 has just been issued by the National Assembly of Vietnam on November 13, 2020.
Article table of contents
According to Clause 4 Article 2 of the Law on handling of administrative violations 2012 and Clause 72 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam:
The measures replacing the handling of administrative violations are educational measures that are applied to replace for the sanction forms against administrative violations or the administrative handling measures with respect to minors who commit administrative violations, including measures of reminding community-based education measure/sanction/sentence and home-based management measure/sanction/sentence.
According to the current regulations, there is no community-based education measure, however, the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 has added this new measure to the alternative measures of handling administrative violations for minors.
According to Clause 71 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, community-based education is prescribed as following:
Community-based education is an alternative to an administrative sanction applicable to persons aged between full 12 and under 14 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code 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 in clause 1 of this Article, 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.
Le Hai
