Principles for supervising and educating violators under 18 who are exempted from criminal responsibility

Principles for supervising and educating violators under 18 who are exempted from criminal responsibility (Image from Internet)

1. Principles for supervising and educating violators under 18 who are exempted from criminal responsibility in Vietnam

Principles for supervising and educating violators under 18 who are exempted from criminal responsibility as stipulated in Article 3 Decree 37/2018/ND-CP are as follows:

- Ensuring the objective of rehabilitation for those being supervised and educated; enhancing the awareness and compliance with the law for those being supervised and educated; preventing crime.

- Respecting the dignity, honor, rights, and lawful interests of those being supervised and educated; strictly prohibiting any acts infringing upon the life, health, honor, dignity, rights, and lawful interests of those being supervised and educated.

- Ensuring appropriateness to the conditions, circumstances, age, gender, personal needs, and in the best interest of those being supervised and educated.

- Respecting and protecting the personal privacy of those being supervised and educated.

- Ensuring the participation of families, schools, and relevant agencies, organizations, and individuals in implementing supervision and education measures.

2. Agencies, prganizations, and individuals responsible for implementing supervision and education measures for violators under 18 who are exempted from criminal responsibility in Vietnam

The agencies, organizations, and individuals responsible for implementing supervision and education measures for violators under 18 who are exempted from criminal responsibility as stipulated in Article 6 Decree 37/2018/ND-CP are as follows:

- The commune-level People's Committee organizes the implementation of supervision and education measures. Based on the juvenile's law violation, the competence of the officials, and other local conditions, the Chairman of the commune-level People's Committee decides the list of individuals directly supervising and educating, which consists of 3 to 5 people selected from the individuals specified in Clause 3, Article 6 of Decree 37/2018/ND-CP.

The Chairman of the commune-level People's Committee is responsible for organizing training for those directly supervising and educating or assigning them to participate in appropriate training programs organized by the district or provincial levels.

- The commune-level Police (including the police of communes, wards, and township-level towns) act as the focal point, advising and assisting the Chairman of the commune-level People's Committee in organizing the implementation of supervision and education measures locally.

- Officers and police officers, commune security officers, cultural-social officials, justice-civil status officials, child protection officers at the commune level, social work collaborators at the commune level, representatives of the Women’s Union, Youth Union, or reputable individuals in the community with good morals, who have the conditions, capabilities, and experience in educating and assisting minors in violation of the law, directly supervise and educate as assigned by the Chairman of the commune-level People's Committee.

- Schools, families, and other agencies, organizations, and individuals cooperate and support in implementing supervision and education.

3. Provisions on Funding for the Implementation of Supervision and Education Measures for violators under 18 who are exempted from criminal responsibility in Vietnam

The provisions on funding for the implementation of supervision and education measures for violators under 18 who are exempted from criminal responsibility as stipulated in Article 5 Decree 37/2018/ND-CP are as follows:

- The State supports funding for activities during the implementation of supervision and education measures, including:

+ Compiling initial dossiers; compiling and managing dossiers for the implementation of supervision and education measures; completing procedures to request termination of education at the commune-level;

+ Supporting those directly supervising and educating in performing their duties;

+ Organizing meetings to implement supervision and education measures;

+ Other necessary expenses.

- The funding stipulated in Clause 1, Article 5 Decree 37/2018/ND-CP is ensured by the local budget and other funding sources (if any).

The central budget provides additional funds for localities that cannot balance their local budgets for this activity.

- Those directly supervising and educating enjoy support funding for performing their duties. The minimum support level per month is 25% of the statutory pay rate for each person being supervised and educated. Based on the actual situation in the locality, the Provincial or Central City People's Council may decide on a higher support level.

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