|
THE GOVERNMENT
---------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
--------------
|
|
No. 31-CP
|
Hanoi, April 14,
1997
|
DECREE
ISSUING
THE REGULATION ON ADMINISTRATIVE PROBATION
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
At the proposal of the Minister of the Interior,
DECREES:
Article 1.- To issue
together with this Decree the "Regulation on Administrative
Probation".
Article 2.-
This Decree takes effect after 15 days from the date of its signing. The
earlier stipulations on administrative probation are now annulled.
The Minister of the Interior
shall uniformly direct and assist the Government in guiding and supervising the
implementation of this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
ON
BEHALF OF THE GOVERNMENT THE PRIME MINISTER
Vo Van Kiet
REGULATION ON ADMINISTRATIVE PROBATION
(Issued together with Decree
No.31-CP of April 14, 1997 of the Government)
Chapter I
GENERAL PROVISIONS
Article 1.-
Administrative probation is an administrative measure to compel persons who
commit offenses as prescribed in Article 2 of this Regulation to reside and
work for their living in certain localities and place themselves under the
management and education by the local administration and people.
The probationary period ranges
from 6 months to 2 years.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The administrative probation
shall not apply to persons under 18 years of age.
Article 3.-
The administrative probation must be applied to right objects, within the
competence and in accordance with procedures and order prescribed in the
Ordinance on the Handling of Administrative Violations and this Regulation.
All acts of infringing upon the
life, health, honor and dignity of the administrative probationer are strictly
forbidden.
Article 4.-
Decisions on administrative probation shall be executed at the places of
residence of probationers. In cases where probationers are deemed not to be
allowed to reside in areas which are important and crucial to the national
politics, economy, security and defense or in areas they have conditions to
relapse into offenses detrimental to the national interests, the Presidents of
the People’s Committees of provinces and cities directly under the Central
Government (commonly referred to as the provincial level) shall decide to put
them on administrative probation at other places but still within the same
provinces or cities. Upon completing the execution of probation decisions, the
probationers can return to their former places of residence.
The People’s Committees of
districts, provincial capitals and towns (commonly referred to as the district
level) where administrative probationers reside shall have to create favorable
conditions for them to live and work.
Chapter II
PROCEDURES FOR CONSIDERING, DETERMINING AND ISSUING ADMINISTRATIVE
PROBATION DECISIONS AND REDUCING THE ADMINISTRATIVE PROBATION TERMS
Article 5.-
The Presidents of district People’s Committees shall have to make dossiers on
persons who should be put on administrative probation, then submit them to the
Presidents of provincial People’s Committees for decision.
The district police agencies and
the People’s Committees of communes, wards and townships (commonly referred to
as the commune level) where persons who need to be put on administrative
probation reside shall have to help the Presidents of district People’s
Committees in gathering documents and making such dossiers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Summarized curriculum vitae of
the person who needs to be put on administrative probation;
- Records on offenses committed
by the person who needs to be put on administrative probation;
- Comments of the People’s
Committee of the commune where the person who needs to be put on administrative
probation resides;
- Comments of the district
chapter of the Fatherland Front;
- Comments of the district
police;
- Proposal of the President of
the district People’s Committee.
Article 7.-
Within 10 days from the date of receiving dossiers handed by the district
police, the President of the People’s Committee shall have to consider and make
a written proposal and submit it to the President of the provincial People’s
Committee.
Article 8.-
The President of the provincial People’s Committee shall set up a Consulting
Council composed of representatives of the provincial police command, the
justice service and the provincial chapter of the Fatherland Front. The
representatives of the provincial police command shall act as standing member
of the Consulting Council.
Article 9.-
The standing member of the Consulting Council shall have to prepare necessary
documents, convene and chair the council’s meetings, make minutes thereon and
write a proposal on the administrative probation on behalf of the Council then
submit it to the President of provincial People�s Committee for decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
If necessary, the meeting may be
postponed so as to further clarify the dossier on the person who needs to be
put on administrative probation.
The Consulting Council shall not
work collectively. Meetings of the Consulting Council shall be attended by a
representative of the provincial People’s Procuracy. The minutes of the
meetings must record the comments made by the Council’s members and the
representative of the People’s Procuracy.
Article 11.-
The President of provincial People’s Committee shall consider and issue the
decision on administrative probation within 10 days from the date of receiving
the written proposal on administrative probation from the Consulting Council.
In cases where the
administrative probationer has to carry out the decision in another place,
before issuing the probation decision, the President of provincial People’s
Committee shall urge the President of the People’s Committee of the district
where the probation decision is to be enforced to prepare necessary conditions
for the administrative probationer to execute the decision.
The administrative probation
decision must clearly state the date of issue; the full name and position of
the decision-issuing person; the full name, date of birth, occupation, place of
residence of the administrative probationer; reason(s), clause(s) and title of
the legal document applied, the time limit and place for enforcing the
decision; the right of the probationer to make complaints, place and time limit
for making complaints.
Article 12.-
Within 3 days from the date of signing the administrative probation decision,
the President of provincial People’s Committee shall have to send copies of
such decision to the probationer, the provincial People’s Procuracy, the
district People’s Committee and police agency and the People’s Committee of the
commune where the probationer resides and where he/she executes the
administrative probation decision.
Article 13.-
An administrative probationer, who has finished half of the probationary term and
made marked progress or recorded achievements as defined hereunder, shall be
considered by the President of the provincial People’s Committee for the
reduction of his/her probationary term at the proposal of the President of
People’s Committee of the district where he/she is excecuting the probation
decision.
- An administrative probationer
who has made marked progress is the one who sincerely repents his/her offenses,
actively participates in labor and study, strictly abides by provisions of law
and the Regulation on Administrative Probation.
- An administrative probationer
is considered having recorded achievements if he/she has denounced acts of
offense committed by other persons, helped the police in investigating and
detecting crimes; made technical innovations applicable to production; saved
the life of another person from a dangerous circumstance; or protected the
State, collective or individual property from storms and floods, fires or
epidemics...
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 14.-
The provincial police agency and the President of the People’s Committee of the
commune where the probationer resides shall have to assist the President of the
district People’s Committee in considering and writing report to be submitted
to the President of the provincial People’s Committee for considering the
reduction of the probationary term for the probationer.
The provincial police chief
shall have to assist the President of the People’s Committee of the same level
in considering the reduction of the probationary term at the proposal of the
President of the People’s Committee of the district where the probationer
executes the probation decision.
Chapter III
SPECIFIC PROVISIONS
REGARDING ADMINISTRATIVE PROBATIONERS
Article 15.-
Within 5 days from the date of receiving the administrative probation decision,
the probationer shall have to present himself/herself to the People’s Committee
of the commune where he/she executes the probation decision. The probationary
term shall be calculated from the date the probationer presents
himself/herself.
The commune People’s Committee
shall have to notify the administrative probationer of the decision and the
content of the Regulation on Administrative Probation for execution.
If the administrative
probationer fails to present himself/herself in time without plausible
reason(s), the commune People’s Committee shall summon him/her to its office,
make a record thereof and force him/her to execute the decision.
Article 16-
The administrative probationer shall have to strictly observe the law of the
State, the Regulation on Administrative Probation and be entitled to study and
work so as to become a good person.
Article 17.-
During the probationary period, the administrative probationer must reside and
work for his/her living at the commune, ward or township where the
administrative probation decision is enforced and shall be subject to the
management and education by the local administration and people; be allowed to
travel only within the area where he/she is put on the probation. The
probationer who wishes to travel outside the commune, ward or township with
plausible reason(s) shall have to apply for permission and comply with the
following regulations:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The President of the district
People’s Committee shall issue permits for the travels within the province or
city directly under the Central Government;
- The President of the
provincial People’s Committee shall issue permits for the travels outside the
province or city directly under the Central Government.
In cases where the
administrative probationer travels outside the place where the probation
decision is enforced and needs to stay in the place of his/her destination,
each travel must not exceed 5 days and the total of travel days must not exceed
one-fifteenth (1/15) of the probationary duration.
In cases where the
administrative probationer has to travel daily to a certain place for study or
labor or for other plausible reasons, the President of the local People’s
Committee shall consider and monthly issue the permit.
The permit issued by the
President of the People’s Committee to the administrative probationer must
clearly state the time limit, the destination and permitted travel route.
After obtaining the permit from
the President of the People’s Committee, the administrative probationer shall
have to strictly comply with the provisions defined in the permit; in case of a
temporary residence, he/she must present himself/herself and immediately
produce such permit to the People’s Committee of the commune where he/she
arrives. Upon the expiry of the temporary residence period, the administrative
probationer shall have to get the certification of the President of the commune
People’s Committee for such temporary stay.
If the probationer leaves the
place where the probation decision is enforced without permission, the period
of his/her absence from such place shall not be calculated into the duration of
executing the administrative probation decision.
Article 18.-
Once a month, the administrative probationer shall have to present
himself/herself and report the execution of the administrative probation
decision to the People’s Committee of commune where the probation decision is
enforced.
The administrative probationer
must present himself/herself when requested by the commune People’s Committee
at its office; if he/she fails to present himself/herself without plausible
reasons, the commune People’s Committee shall summon him/her to its office,
make a record and request him/her to write make self-criticisms of such act.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 20.-
The administrative probationer shall have the right to make complaints or
denunciations against acts of violating the regulations on administrative
probation by probation officer(s) and/or agency(ies) as prescribed in the
Ordinance on the Handling of Administrative Violations.
Article 21.-
An administrative probationer who violates the regulation on administrative
probation or commits other offense shall, depending on the nature and
seriousness of the violation, be subject to an administrative sanction or
examined for penal liability.
Chapter IV
RESPONSIBILITY OF AGENCIES
ENFORCING ADMINISTRATIVE PROBATION DECISIONS
Article 22.-
The People’s Committee of the commune where the probationer executes the
decision shall have to manage, educate and create favorable conditions for the
probationer to make his/her living, and once every three months write a report
to the district People’s Committee on the management and education of the
administrative probationer who is observing the probation regulations in its
locality.
The commune police shall help
the commune People’s Committee in making record dossiers and coordinate with
the local organization and people as well as the family of the probationer in
managing and educating the probationer.
Article 23.-
The district People’s Committee shall have to direct and supervise the commune
People�s Committee in implementing the regulations on administrative probation;
and once every three months report to the provincial People’s Committee on the
execution of administrative probation.
Article 24.-
The provincial People’s Committee shall have to direct and supervise the
lower-level People’s Committee in implementing the regulations on probation,
and annually report to the Ministry of the Interior on the execution of the
administrative probation in its locality.
Article 25.-
The police agency shall have to help the People’s Committee of the same level
in enforcing the administrative probation decisions of the President of the
provincial People�s Committee.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 26.-
Upon the expiry of the probationary term, the commune People’s Committee shall
issue papers certifying the completion of the execution of probation decisions
to the probationers, and at the same time send their copies to the district
People’s Committees, the Presidents of the provincial People’s Committees.
Article 27.-
Agencies and persons competent to enforce the administrative probation
decisions must strictly comply with the regulations on probation, must not
hamper or obstruct the daily life of the probationers; if they commit offenses,
they shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability; if they cause material damages to
the administrative probationer, they shall have to compensate therefor.
Article 28.-
The Ministry of the Interior shall have to guide and supervise the
implementation of this Regulation, issue forms of decision, certificate,
permit, summon and other forms involving the application of the administrative
probation measure.