Statute of limitations for applying the measure of education in communes, wards, and townships in Vietnam

Statute of limitations for applying the measure of education in communes, wards, and townships in Vietnam (Internet image)

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

1. Violators subject to the sanction of receiving mandatory educational services at communities, wards or towns in Vietnam

According to Article 90 of the Law on Handling Administrative Violations 2012 (amended in 2020), violators subject to the sanction of receiving mandatory educational services at communities, wards or towns in Vietnam include:

(i)  Persons aged between 12 years and under 14 years who commit acts suspected to be very serious intentional crimes defined in the Penal Code.

(ii) Persons aged between 14 years and under 16 years who commit acts suspected to be serious intentional crimes defined in the Penal Code.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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, 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; mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers, which are not treated as crimes.

(vii) Persons specified in (i), (ii), (iii), (iv), and persons aged between 14 years and under 18 years specified in clause 1 of this Article, who do not have stable residences shall be referred to social protection establishments or child support establishments to put them under control and have them educated during the period of implementation of the measure of rendering compulsory educational services at communes, wards or towns.

If a person aged 18 years or older that is covered by clause 5 of this Article does not have a stable residence, he/she shall be referred to the People's Committee of the commune where he/she is found illegally using narcotics at the third attempt to put him/her under control.

* Note: The measure of receiving mandatory educational services in communes, wards, and townships is not applied to foreigners.

2. Statute of limitations for applying the measure of education in communes, wards, and townships in Vietnam

Specifically, in Clause 2, Article 5 of Decree 120/2021/ND-CP, persons and statute of limitations for application of compulsory educational measures in the community in Vietnam are as follows:

- In case of persons aged between full 12 and under 14 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code 2015 (amended in 2017), the statute of limitations shall be 01 year from the date of committing violations

- In case of persons aged between full 14 and under 16 who have intentionally committed acts with signs of special serious crimes prescribed in the Criminal Code 2015 (amended in 2017), the statute of limitations shall be 06 months from the date of committing violations

- In case of persons aged between full 14 and under 16 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, the statute of limitations shall be 06 months from the last time of committing one of the violations.

- In case of persons aged between full 16 and under 18 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, the statute of limitations shall be 06 months from the last time of committing one of the violations.

- In case of persons aged 14 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, the statute of limitations shall be 36 months from the last time of committing such violation;

- In case of persons aged 18 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, 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; mistreating or torturing grandparents, parents, spouses, children, grandchildren or fosterers, which are not treated as crimes, the statute of limitations shall be 06 months from the last time of committing one of the violations

Thanh Rin

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