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OFFICE
OF NATIONAL ASSEMBLY OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 107/VBHN-VPQH
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Hanoi,
August 27, 2025
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LAW
ON JUVENILE JUSTICE
Law on Juvenile Justice No.
59/2024/QH15 dated November 30, 2024 of the National Assembly, effective from
January 1, 2026, is amended by:
Law No. 85/2025/QH15 dated June 25,
2025 of the National Assembly amending Civil Procedure Code, the Administrative
Procedure Law, the Law on Juvenile Justice, the Bankruptcy Law and the Law on
Mediation and Dialogue at Court, effective from July 1, 2025.
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly hereby
issues Law on Juvenile Justice.
Part one
GENERAL PROVISIONS
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SCOPE AND BASIC RULES
Article 1.
Scope
This Law provides for diversion
measures, penalties for juvenile delinquent; legal proceedings for juveniles
who are persons facing denunciation or requisitions for charges, persons held
in emergency custody, persons facing charges, crime victims, witness
testifiers; execution of imprisonment sentences, community reintegration for
juveniles; tasks, powers and responsibilities of agencies, organizations,
individuals, families in juvenile justice.
Article 2.
Application of Law on Juvenile Justice and relevant laws
Criminal information, filing of
charges, settlement of criminal cases, diversion, execution of imprisonment
sentences, community reintegration in respect of juveniles shall comply with
this Law and Criminal Code, Criminal Procedure Code, Law on Execution of
Criminal Judgments, and other laws that are not against this Law.
Article 3. Term
interpretation
For the purposes of this Law, the
terms below shall be construed as follows:
1. Juvenile
delinquent means a person from 14 to under 18 years of age who commits
crime specified in Criminal Code.
2. Accused
juvenile means s person who is arrested, detainee, suspect, and defendant
from 14 to under 18 years of age.
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4. Juvenile
witness testifier means a person under 18 that possesses knowledge of facts
relating to the crime and lawsuit and receive competent procedural agencies'
subpoena to testify.
5. Person
serving diversion measure means a person who serves community-based
diversion measures or a person who have to serve the educational measure at
reformatory, a reformatory inmate.
6. Representatives
of a juvenile include:
a) Parents;
b) Guardian;
c) Person designated by the Court.
7. Juvenile
justice means regulations on policies, measures to handle juveniles;
juvenile-friendly procedures in diversion, criminal information, filing of
charges, investigation, prosecution, adjudication, execution of imprisonment
sentences, community reintegration; task, powers and responsibilities of
relevant agencies, organizations, individuals.
8. Diversion
measure means supervision, education, prevention measures for juvenile
delinquents, including community-based diversion measures specified in clause 1
to 11 of Article 16 of this Law and educational measures at reformatory
specified in clause 12 of Article 36 of this Law.
9. Diversion
procedure means the procedure for considering, deciding enforcing diversion
measures on juvenile suspects, defendants specified in this Law.
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11. Social
investigation report (SIR) means a report made by social workers on information
about identity, family relationships, living conditions, education, health
history, maturity level of the juvenile, and other relevant information that
may affect the delinquency of the juvenile suspect, defendant.
12. Diversion
plan means a plan prepared by social workers to propose application of
community-based diversion measures, organization of assistance provision,
supervision, and education of juveniles subject to community-based diversion
measures.
Article 4.
Funding, cost, support for juvenile justice
1. Funding
for juvenile justice covered by the state budget and other lawful funding in
accordance with law.
2. The
State budget shall cover the following:
a) Facilities for conducting
juvenile-friendly proceedings;
b) Organization of the execution of
electronic supervision measures;
c) Organization of execution of
decision on community-based diversion measures;
d) Organization of execution of
decision on educational measures at reformatory;
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e) Expenditures of the National
Fund for Vietnamese Children for juvenile justice;
g) Professional training and
refresher training for social workers, person directly supervising execution of
decision on applying diversion measures;
h) Expenses for social workers
participating in legal proceedings, persons directly supervising the execution
of decisions on applying diversion measures, persons assigned to help juveniles
in community reintegration; expenses for medical, psychological, educational,
sociological experts, representatives of educational institutions, vocational
training institutions, representatives of the Vietnam Fatherland Front
Committee, member organizations of the Front and other agencies, organizations
and individuals participating in the process of resolving cases at the request
of competent agencies and persons;
i) Other contents in respect of
juvenile justice covered by the state budget accordance with relevant law.
3. Reformatories
are allowed to accept material assistance from local authorities, domestic
agencies, organizations, individuals, and foreign individuals and organizations
to organize cultural education, career education, vocational training, and the
purchase of learning and living supplies for students.
4. The
Government shall elaborate this Article.
Article 5.
Ensuring best interest
1. When
resolving cases involving juveniles, their best interests must be ensured.
2. Juvenile
delinquents shall only be prosecuted when necessary and primarily for
educational purposes, aiming to assist them in correcting their mistakes,
fostering healthy development, and becoming useful citizens to society.
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4. The
safety of juveniles during legal proceedings, the execution of educational
measures at reformatory, and the execution of imprisonment sentences shall be
ensured in accordance with law.
5. Timely
assistance must be provided to juveniles.
Article 6.
Ensuring friendly legal proceedings
Legal proceedings must be simple,
friendly, aligned with the psychological state, age, level of maturity, and
cognitive abilities of the juveniles.
Article 7.
Equal treatment
1. Ensuring
fairness, non-discrimination, and equal treatment for juveniles.
2. Addressing
the legitimate needs of juveniles regarding gender, juveniles who are ethnic
minorities, and vulnerable populations.
Article 8.
Right to be promptly and fully informed
Juveniles have the right to receive
complete and timely information in simple, friendly, and understandable
language regarding matters related to the resolution of cases.
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Juveniles are ensured the right to
have a representative participating in the process of resolving cases.
Article 10.
Fast and timely resolution
Cases involving juveniles must be
resolved as quickly as possible, limiting extensions and prioritizing
simplified procedures.
Article 11.
Prioritizing application of diversion measures
1. Diversion
measures are prioritized for juvenile offenders at all stages, including investigation,
prosecution, and adjudication.
2. The
application of diversion measures must be aligned with the interests of
juvenile delinquents and the community.
Article 12.
Penalty application
1. The
penalties imposed on juvenile delinquents primarily aim to educate them on
respecting and complying with the law and ethical standards, guiding their
lifestyles, preventing further offenses, and serving as a deterrent against
crime.
2. The
court shall only impose penalties on juvenile delinquents if the diversion
measures are deemed ineffective as deterrents. In
cases where penalties must be applied, priority is given to warnings, fines,
community sentence, and suspended sentences.
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4. The
court shall only impose definite imprisonment on juvenile delinquents if the
diversion measures are deemed ineffective as deterrents.
5. Upon
being imposed a definite imprisonment, juvenile delinquents shall receive a
lighter sentence than what applies to adult offenders for corresponding crimes,
with the shortest appropriate term.
6. Juvenile
delinquents are not subject to additional penalties.
7. The
sentence pronounced against juvenile offenders, if falling under the following
cases, is not considered when determining recidivism or dangerous recidivism:
a) Offenders from 14 to 16 years of
age;
b) Offenders from 16 to 18 years of
age who involuntarily commit a less serious crime, serious crime or very
serious crime;
Article 13.
Ensuring confidentiality of personal privacy
1. The
confidentiality of personal privacy of juveniles must be respected and
protected throughout the process of receiving and handling criminal
information, prosecution, investigation, adjudication, diversion, sentence
execution, and community reintegration.
2. The
court conducts private hearings for criminal cases involving juveniles who are
victims of sexual violence or in other special cases requiring the protection
of juveniles.
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Article 14.
Right to defense, rights to receive legal aid, interpretation
1. Accused
juveniles must have a defender.
2. The
competent procedural agency/person shall notify and explain to the accused
juvenile and ensure that such juvenile fully carries out his/her right to
defense in accordance with law.
3. Juveniles
participating the criminal procedures shall receive free legal aid and
interpretation.
Article 15. Minimizing
the application of preventive measures, coercive measures
1. Preventive
measures and coercive measures shall only apply to juveniles when deemed
necessary.
2. Temporary
detainment and detention shall only apply to juveniles when there are grounds
proven that other measures are not effective.
Competent procedural
agencies/persons must regularly supervise, review, and inspect the custody,
detention of juveniles; if there are no longer grounds or necessity for
temporary detainment, detention, a decision must promptly be made to cancel it
and replace it with other preventive measures.
Article 16.
Specialization in juvenile justice
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Article 17.
Ensuring and respecting right to participate, express opinions
1. Juveniles
have the right to participate and express opinions on issues concerning their
rights and obligations throughout the legal proceedings. Their opinions must be respected and not deemed unreliable
solely because of their age. The fact that a
juvenile does not admit guilt shall not be used as grounds for holding them to
a higher level of liability.
2. Competent
procedural entities must listen to the opinions, wishes, and concerns of
juveniles in a manner appropriate to their age, gender, level of maturity, and
development.
Article 18.
Ensuring the effect of decision on applying diversion measures
1. An
effective decision on applying diversion measures must be respected by
agencies, organizations, and individuals; strictly implemented by relevant
agencies, organizations, individuals.
2. Agencies,
organizations, and individuals, within their jurisdiction shall cooperate and
implement request of competent agencies/individuals in implementation of
decision on applying diversion measures.
Article 19.
Ensuring appropriate execution of educational measures at reformatory,
execution of imprisonment
1. During
the execution of educational measures at reformatory, execution of imprisonment
sentences, juveniles must be protected, educated, rehabbed, and reintegrated
into the community.
2. Reformatories,
prisons must provide facilities that are suitable for the age, gender, and
development of juveniles.
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Article 20.
Ensuring community reintegration
1. Ensure
favorable conditions for juvenile individuals to complete educational measures
at reformatories and reintegrate into the community after finishing
imprisonment, maintain stable lives, and prevent further offenses.
2. Ensure
participation from agencies, organizations, individuals, and families in
community reintegration in accordance with law.
3. Strictly
prohibit discrimination and prejudice against juveniles who have completed
educational measures at reformatory or imprisonment.
Chapter II
RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS,
INDIVIDUALS IN JUVENILE JUSTICE
Article 21.
Rights and obligations of juveniles who are persons facing denunciation or
requisitions for charges, persons held in emergency custody, persons facing
charges
1. Juveniles
who are persons facing denunciation or requisitions for charges, persons held
in emergency custody, persons facing charges have the following rights and
obligations:
a) Rights and obligations in
accordance with Criminal Procedure Code;
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c) Receiving support from medical,
psychological, educational, and sociological experts if necessary;
d) Being provided with complete and
timely information in simple, friendly, and understandable language regarding
matters related to resolving cases;
dd) Being ensured confidentiality
of personal privacy throughout the process of resolving cases;
e) Receiving legal aid in
accordance with law;
g) Receiving notification and
explanation regarding rights and obligation prescribed in this Law;
h) Other rights and obligations in
accordance with this Law.
2. In
addition to right and obligations specified in clause 1 of this Article,
juveniles who are suspects, defendants shall also have the following rights and
obligations:
a) Requesting application of diversion
measures;
b) Receiving assistance from social
worker during legal proceedings;
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Article 22.
Rights and obligations of juveniles who are victims, witnesses
1. Juveniles
who are victims shall have the following rights and obligations:
a) Rights and obligations in
accordance with Criminal Procedure Code;
b) Having a representative
participating in legal proceedings;
c) Receiving support from medical,
psychological, educational, and sociological experts if necessary;
d) Being provided with complete and
timely information in simple, friendly, and understandable language regarding
matters related to resolving cases;
dd) Being ensured confidentiality
of personal privacy throughout the process of resolving cases;
e) Receiving legal aid in
accordance with law;
g) Receiving notification and
explanation regarding rights and obligation prescribed in this Law;
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i) Receive recompense and
assistance in accordance with this Law and relevant laws;
k) Complaining about decision on
applying diversion measures;
l) Other rights and obligations in
accordance with this Law.
2. Juveniles
who are witnesses shall have rights and obligations specified from point a to g
of this Article and other rights and obligations in accordance with this Law.
Article 23.
Rights and obligations of persons serving diversion measure
1. Person
serving diversion measure has the following rights:
a) Receiving notification and
explanation regarding rights and obligation prescribed in this Law;
b) Being provided with
opportunities for work, education, job orientation, vocational training;
participating in counseling and life skills development programs;
c) Expressing wishes and proposals
with the President of the commune-level People's Committee; the person directly
supervising the execution of decisions on applying diversion measures; with the
Principal, cadres, and teachers at the reformatory;
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dd) Being granted a certificate of
the completion of diversion measures;
e) Being provided with guidance on
procedures for temporary absence declaration, permanent residence registration,
temporary residence registration when complying with decision on applying
community-based diversion measures.
2. Persons
serving diversion measure have the following obligations:
a) Complying with decision on
applying diversion measures;
b) Complying with the law, internal
regulation of place of residence, study, or work;
c) Undergoing supervision and
education by competent agencies, organizations, or individuals during the
implementation of diversion measures;
d) Reporting on the compliance with
diversion measures when requested;
dd) Appearing before competent
authorities when required during the implementation of decisions applying
community-based diversion measures.
3. Other
rights and obligations in accordance with this Law.
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1. Rights
and obligations in accordance with Law on Execution of Criminal Judgments.
2. Being
ensured confidentiality of personal privacy during imprisonment;
3. Being
provided with appropriate cultural education in accordance with education laws.
4. Participating
in cultural, artistic, physical, sports, and recreational activities suitable
for their age and gender that are organized by the prison that are suitable for
their age and gender.
5. Receiving
notification and explanation regarding rights and obligation prescribed in this
Law.
6. Other
rights and obligations in accordance with this Law.
Article 25.
Determining the age of juveniles who are accused persons, victims
1. The
age of juveniles who are accused persons, victims shall be determined by
competent procedural agencies/persons in accordance with law. The age shall be determined based on: Notice of Birth, Birth certificate, 9-digit
Identity card, 12-digit Citizen identity card, 12-digit Identity card, Identity
certificate, Passport or information in the national population database, other
specialized databases.
In case documents, records, or
information in the databases mentioned above are contradictory, unclear, or
lacking, the competent procedural agencies/person must cooperate with families,
legal representatives, relatives, educational institutions, vocational training
institutions, Ho Chi Minh Communist Youth Union, or other relevant
organizations and individuals where the juveniles study, work, or reside to
verify, clarify contradiction, or find other valuable documents or records
proving their age.
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a) If the month is determined but
the date is not, the last day of that month shall be chosen as the birth date;
b) If the quarter is determined but
the date and month are not, the last day of the last month in that quarter
shall be chosen as the birth date.
c) If the half of the year is
determined but the date and month are not, the last day of the last month in
that half year shall be chosen as the birth date.
d) If the year is determined but
the date and month are not, the last day of the last month in that year shall
be chosen as the birth date.
3. In
cases where the birth year cannot be determined, an examination must be conducted
to ascertain the age.
Article 26.
National Council of Juvenile Justice
1. The
National Council of Juvenile Justice is established by the Prime Minister. The Prime Minister shall determine the members of
the National Council of Juvenile Justice established by the Prime Minister
based on request of the standing body of the Council..
2. The
National Council of Juvenile Justice shall operate based on an inter-sectoral
cooperation mechanism. Members of the National
Council on Juvenile Justice shall perform assigned tasks and powers and work
part-time.
3. The
National Council of Juvenile Justice shall have the following tasks and powers:
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b) Proposing solutions to implement
matters related to juvenile justice;
c) Cooperating with agencies of the
National Assembly, the Supreme People's Court, the Supreme People's Procuracy,
the Vietnam Fatherland Front and its member organizations, social
organizations, and socio-professional organizations in implementing juvenile
justice;
d) Instructing and urging
ministries, central authorities to report to the National Assembly on the
results of performing tasks related to juvenile justice in the annual work
report;
dd) Instructing and urging social
work related to juvenile justice; instructing the disclosure of the list of
social workers in juvenile justice, and providing professional training and
refresher training for social workers in juvenile justice;
e) Giving instruction on
statistics, information, and reports on juvenile justice;
g) Other task requested by the
Prime Minister and competent authorities.
4. The
Government shall elaborate this Article.
Article 27.
Standing body of National Council on Juvenile Justice
1. The
Standing body of National Council on Juvenile Justice is the Ministry of Public
Security.
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a) Providing assistance to the
National Council of Juvenile Justice in carrying out their tasks and powers;
b) Submitting annual report on the
operation of the Council to the Government;
c) Other tasks and powers specified
in this Law and relevant laws.
3. The
Government shall elaborate this Article.
Article 28.
Responsibilities of competent procedural agencies/persons
1. Competent
procedural agencies/persons shall comply with regulations on diversion,
penalties, legal proceedings, and have other responsibilities in accordance
with law; ensure lawful rights and interests of juveniles.
2. Competent
procedural agencies/persons shall provide necessary information about the
process of diversion, the proceedings, and the exercise of rights and
obligations for the participants in the proceedings who are juveniles, their
representatives, defenders, and protectors of their lawful rights and
interests.
Article 29.
Presiding officers
1. Investigators,
Prosecutors and Judges engaging in juvenile justice must satisfy one of the
following conditions:
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b) Having experience in
investigating, prosecuting, and adjudicating cases involving juveniles;
c) Having completed training,
refresher training in psychology and educational sciences of juveniles;
2. The
adjudication panel participating in the first-instance adjudication of cases
involving juveniles must include at least one person who is a teacher, a member
of the Ho Chi Minh Communist Youth Union, or an individual with experience
working in fields of justice, management, training, protection, care or
education of juveniles, or someone trained in psychology and educational
sciences of juveniles.
Article 30.
Responsibilities of the Vietnam Fatherland Front and its member organizations
1. The
Vietnam Fatherland Front and its member organizations, within their
jurisdiction, shall encourage union members, association members, and people of
all walks of life to implement this Law; participate in supervision and social
criticism in the field of juvenile justice.
2. The
Vietnam Fatherland Front shall encourage its member organizations to support,
assist, and protect the lawful rights and interests of juveniles in juvenile
justice
Article 31.
Responsibilities of other agencies, organizations, individuals
1. Other
agencies, organizations, individuals shall have the following responsibilities:
a) Closely and promptly cooperating
with competent procedural agencies/persons;
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c) Cooperating and exchanging information
with competent procedural agencies/persons;
d) Provide assistance to juveniles
in community reintegration, vocational training, and employment when they reach
working age;
dd) Other tasks in accordance with
Law.
2. Representatives,
defenders, and protectors of the lawful rights and interests of juveniles;
representatives of educational institutions, vocational training institutions,
the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and other
relevant agencies, organizations, and individuals must be present and fully
participate in legal proceedings and other activities in accordance with the
decisions or requests of competent agencies/persons.
3. Reformatories
and prisons shall ensure compliance with regulations on execution of educational
measures at reformatory, execution of imprisonment, community reintegration,
and other responsibilities as prescribed by law; and ensure the lawful rights
and interests of juveniles.
Reformatories and prisons shall
improve the competence of officials and teachers in management and education
skills that are appropriate to juveniles.
4. Legal
aid-providing organizations and Bar Federations shall provide legal aid
assistants and lawyers with refresher training and guidance on skills to defend
and protect lawful rights and interests of juveniles and legal aid skills for
juveniles.
Article 32.
Social workers
1. Social
workers in juvenile justice must satisfy the following conditions:
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b) Having completed training and
refresher training in psychology and educational sciences of juveniles or
having experience, understanding of juvenile psychology, or having skills of
communication with juveniles.
2. Social
workers participating in juvenile justice shall have the following tasks and
powers:
a) Formulating social investigation
reports and diversion plans;
b) Participating in providing
appropriate support and intervention to juveniles when requested;
c) Participate in meetings and
trials as prescribed by this Law;
d) Participating in the execution
of decisions on applying community-based diversion measures and community
reintegration for juveniles in accordance with the law;
d) Being reimbursed for expenses
when participating in juvenile justice in accordance with the law;
e) Other tasks and powers in
accordance with this Law.
3. Social
workers shall participate in juvenile justice cases on a case-by-case basis.
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5. Provincial
People's Committees shall disclose the list of social workers in juvenile
justice in their area.
Article 33.
Responsibilities of families
1. Parents,
caregivers of juveniles and other family members shall have the following
responsibilities:
a) Comply with the law and
decisions of competent authorities and individuals in juvenile justice;
b) Regularly communicate with
responsible agencies, organizations, and individuals for guidance and
assistance in executing decisions on applying diversion measures and community
reintegration for juveniles;
c) Comply with decisions, measures,
and regulations of competent authorities, individuals to ensure the safety,
protection of life, health, dignity, honor, property, personal privacy, other
lawful rights and interests of juveniles.
2. Parents
or guardians of juveniles shall participate in the process of resolving the
case; select a defender, protector of lawful rights and interests, or defend
and protect the lawful rights and interests of juveniles in the legal
proceedings in accordance with law.
3. Parents
or guardians of accused juveniles are responsible for paying damages and
fulfilling other responsibilities as prescribed by law.
Part two
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Chapter III
DIVERSION MEASURES
Article 34.
Purposes of diversion
1. Promptly
and effectively handle juveniles.
2. Assist
juveniles in changing their perceptions, recognizing and correcting their
mistakes, self-improvement, preventing the causes of criminal behavior, and
educating them to become useful citizens for society.
3. Promote
mediation between juveniles and victims affected by the juveniles’ offenses.
4. Enhance
the responsibility of families and communities directly participating in
diversion.
5. Limit
the negative impacts of criminal procedures on juveniles.
6. Prevent
juveniles from committing new crimes and enable community reintegration.
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1. The
application of diversion measures must consider the nature and severity of the
offense; the educational and rehabilitation possibilities of juvenile
delinquents, and the safety of victims and the community.
2. The
selection of diversion measures for juvenile delinquents must be appropriate to
their circumstances, age, and psychological characteristics.
3. Juvenile
delinquents may be subject to one or more community-bases diversion measures. The diversion measures specified in Articles 6, 7,
8, 9, 10, and 11 of this Law must be applied simultaneously with one or
multiple diversion measures specified in Articles 1, 2, 3, 4, and 5 of this
Law.
In cases where juvenile offenders
are subject to multiple community-based diversion measures but must also
fulfill the obligations specified in points b, c, d, and dd of Clause 2 of
Article 23 of this Law, the duration of fulfilling these obligations must not
exceed the maximum time limit prescribed for the applied measures.
4. Educational
measures at reformatory shall not be applied simultaneously with
community-based diversion measures.
5. Diversion
measures shall be applied if the offender has reached the age of 18 at the time
of consideration.
Article 36. Diversion
measures
1. Reprimand.
2. Apology
to the victim.
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4. Education
at communes, wards or special zones.
5. House
arrest.
6. Restriction
on movement.
7. Prohibition
on contact with individuals at risk of influencing the juvenile to commit new
offenses.
8. Prohibition
from visiting places that may lead the juvenile to commit new offenses.
9. Participation
in educational or vocational programs.
10. Participation
in psychological treatment or counseling.
11. Community
service.
12. Education
at reformatory.
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Juvenile delinquents falling into
one of the following cases, if not exempt from criminal liability according to
the provisions of the Criminal Code, may be eligible for diversion measures:
1. Individuals
from 14 to under 16 years of age who commit a very serious crime as defined by
the Criminal Code, except for cases specified in clauses 1 and 3 of Article 38
of this Law.
2. Individuals
from 16 to under 18 years of age who involuntarily commit very serious crime,
serious crime or less serious crime as defined by the Criminal Code, except for
cases specified in clauses 2 and 3 of Article 38 of this Law.
3. Juveniles
who are accomplices with insignificant roles in the case.
Article 38.
Cases ineligible for diversion measures
1. Juveniles
from 14 to under 16 years of age are not eligible for diversion measures if
they fall into one of the following cases, except as specified in clause 3 of
Article 37 of this Law:
a) Commit a very serious crime such
as: Murder, Rape, Rape of a person under 16,
Non-consensual intercourse with a person from 13 to under 16 years of age,
Illegal manufacturing of narcotic substances;
b) Commit a very serious crime
multiple times, or commit multiple very serious crimes as defined by the
Criminal Code;
c) Commit an extremely serious crime
multiple times as defined by the Criminal Code.
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a) Committing a very serious crime
such as: Rape, Illegal manufacturing of
narcotic substances, Illegal possession of narcotic substances, Illegal trading
of narcotic substances, Illegal trafficking of narcotic substance,
Appropriation of narcotic substances;
b) Recidivism and dangerous
recidivism;
c) Deliberately committing a
serious crime multiple times, or commit multiple serious crimes as defined by
the Criminal Code;
d) Deliberately committing a very
serious crime, or committing an extremely serious crime as defined by the
Criminal Code;
3. Juveniles
who have been subject to diversion measures but commit new crime are not
eligible for diversion measures.
Article 39.
Requirements for application of diversion measures
Juvenile delinquents falling under
the cases specified in Article 37 of this Law may be eligible for application
of diversion measures when they satisfy the following requirements:
1. There
is evidence confirming that the juvenile has committed the a crime
2. The
juvenile admits to having committed a crime;
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Article 40.
Reprimand
1. Reprimand
is a strict criticism towards juvenile delinquents, explaining the harm caused
by the them and the consequences of further violations.
Reprimand shall be executed immediately during the session to consider
and decide on the application of diversion measures, trials, or shall be
executed at the People's Committee of the commune where the juvenile delinquent
resides.
2. Reprimand
shall be applied in the following cases:
a) Individuals from 16 to under 18
of age who involuntarily commit very serious crime, or commit a less serious
crime as defined by the Criminal Code;
b) Juveniles who are accomplices
with insignificant roles in the case.
3. Juvenile
delinquents subject to reprimand must fulfill the obligations specified in
clause 2 of Article 23 of this Law from 3 months to 1 year.
Article.
Apology to the victim
1. Apology
to the victim means juvenile delinquents admitting their mistakes to the
victims and wishing to be forgiven for the crime that they have committed. Apology to the victim shall be carried out
immediately during the session to consider and decide the application of
diversion measures, trials.
2. Apology
to the victim shall apply to the following cases:
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b) Individuals from 16 to under 18
of age who commit a less serious crime or serious crime as defined by the
Criminal Code, except for cases specified in point b of clause 2 of Article 51
of this Law;
c) Juveniles who are accomplices
with insignificant roles in the case.
3. Apology
to the victim shall be applied with the consent of the victim or their
representative.
4. Juvenile
delinquents subject to apology to the victim must fulfill the obligations
specified in clause 2 of Article 23 of this Law from 3 months to 1 year.
Article 42.
Damages payment
1. Damages
payment means that the juvenile delinquents or their parents shall compensate
victims for the physical and mental damages affecting the life, health,
dignity, reputation, character, or property that are caused by the crime.
2. Damages
payment shall apply to the following cases:
a) Individuals from 14 to under 16
of age who commit an extremely serious crime as defined by the Criminal Code,
except for cases specified in point a of clause 2 of Article 51 of this Law;
b) Individuals from 16 to under 18
of age who commit a less serious crime or serious crime as defined by the
Criminal Code, except for cases specified in point b of clause 2 of Article 51
of this Law;
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3. Damages
payment shall be applied with the consent of the victim or their
representative. The competent authority
determines the time for fulfilling the obligation to pay damages, not exceeding
01 year.
4. Juvenile
delinquents subject to damages payment must fulfill the obligations specified
in clause 2 of Article 23 of this Law from 3 months to 1 year.
Article 43.
Education at communes, wards, or special zones
1. Education
at communes, wards, or special zones means that juvenile delinquents shall be
put under the management, supervision, and education of the People's Committee
of the commune where they reside regarding compliance with the law, performance
of civic duties, and compliance with the internal regulations of their place of
residence, study or work.
2. Education
at communes, wards, or special zones shall apply to the following cases:
a) Individuals from 14 to under 16
of age who commit an extremely serious crime as defined by the Criminal Code,
except for cases specified in clause 3 of Article 37 of this Law and crime
specified in point a of Article 51 of this Law;
b) Individuals from 16 to under 18
of age who commit a less serious crime or serious crime as defined by the
Criminal Code, except for cases specified in clause 3 of Article 37 of this Law
and crime specified in point a of Article 51 of this Law;
3. The
duration of applying the educational measure at communes, wards, or special
zones and fulfilling the obligations specified in clause 2 of Article 23 of
this Law is from 6 months to 2 years.
Article 44.
House arrest
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2. House
arrest shall be applied in the following cases:
a) Individuals from 14 to under 16
of age who commit an extremely serious crime as defined by the Criminal Code,
except for cases specified in clause 3 of Article 37 of this Law and crime
specified in point a of Article 51 of this Law;
b) Individuals from 16 to under 18
of age who unintentionally commit a very serious crime or commit serious crime
as defined by the Criminal Code, except for cases specified in clause 3 of
Article 37 of this Law and crime specified in point a of Article 51 of this
Law.
3. House
arrest shall be applied upon the request and commitment of the father, mother,
grandfather, grandmother, elder brother, or elder sister who are adults living
in the same household as the juvenile delinquents. The
requester must ensure that he/she has a clear place of residence, has adequate
facilities, and is capable of caring for, educating, and directly supervising
the juvenile delinquents.
4. The
duration of applying the house arrest and fulfilling the obligations specified
in clause 2 of Article 23 of this Law is from 03 months to 1 year.
Article 45.
Restriction on movement
1. Restriction
on movement means limiting juvenile delinquents from leaving their home during
specific hours from 6:00 PM of the previous day to 6:00 AM of the following
day, except when necessary and permitted by the person directly supervising the
execution of decision on applying diversion measures.
2. The
duration of restriction on movement is from 03 to 06 months.
Article 46.
Prohibition on contact with individuals at risk of influencing the juvenile to
commit new crime
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2. The
duration of applying prohibition on contact with individuals at risk of
influencing the juvenile to commit new crime is from 06 months to 01 year.
Article 47.
Prohibition from visiting places that may lead the juvenile to commit new crime
1. Prohibition
from visiting places that may lead the juvenile to commit new crime means
prohibiting juvenile delinquents from visiting places where criminal acts have
been committed or places with similar environments to those where the crimes
have been committed, which may pose a risk of prompting the juvenile delinquent
to commit new crime.
2. The
duration of applying prohibition from visiting places that may lead the
juvenile to commit new crime is from 06 months to 01 year.
Article 48.
Participation in educational or vocational programs
1. Participation
in educational or vocational programs means that juvenile delinquents must
learn about law, ethics, civic duties, problem-solving skill, life skills, or
participate in vocational training.
2. Educational
institutions and vocational training institution selected by the presiding
authorities shall educate and train juvenile delinquents and cooperate with the
person directly supervising the execution of decision on applying diversion
measures.
3. The
duration of applying measures of participation in educational or vocational
programs is no more than 01 year.
4. The
Government shall elaborate this Article.
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1. Participation
in treatment or psychological counseling is the provision of therapy, medical
intervention to overcome mental, emotional, mood, health problems that lead to
juvenile delinquency.
2. Medical
establishments, treatment centers, and other organizations providing treatment
and psychological counseling selected by presiding authorities shall implement
professional measures to treat and intervene for juveniles and cooperate with
the person directly supervising the execution of decision on applying diversion
measures.
3. The
duration of applying measures of participation in treatment or psychological
counseling is no more than 01 year.
4. The
Government shall elaborate this Article.
Article 50.
Community service
1. Community
service involves directly serving the community where juvenile delinquents
reside, including:
a) Participating in planting and
caring for greenery in public areas; repairing, cleaning village roads, alleys,
streets, community centers, or other public works;
b) Engaging in other activities to
improve the living environment and landscape of the community.
c) Assisting and supporting the
elderly, persons with disabilities, individuals in special circumstances, or
other voluntary activities to enhance awareness, responsibility, and community
connection and sharing.
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3. Execution
of community service must ensure safety, avoid discrimination, and not
adversely affect the education of the juvenile.
4. The
duration of applying community service shall not exceed 3 months.
Article 51.
Education at reformatory
1. Education
at reformatory means that juvenile delinquents shall be committed to compulsory
education, participate in vocational training, work, and live under the
management and education of an educational organization with strict discipline
in accordance with law.
2. Education
at reformatory shall apply to the following cases:
a) Individuals from 14 to under 16
years of age who commit one of the following crimes: Deliberate
infliction of bodily harm upon another person, Human trafficking, Trafficking
of a person aged under 16, Illegal possession of narcotic substances, Robbery,
Snatching, Illegal trading of narcotic substances, Illegal trafficking of
narcotic substance, Appropriation of narcotic substances, except in cases where
the juvenile is an accomplice with an insignificant role in the case;
b) Individuals from 16 to under 18
years of age who commit one of the following crimes: Deliberate
infliction of bodily harm upon another person, Robbery, Snatching, except in
cases where the juvenile is an accomplice with an insignificant role in the
case;
c) Other cases requiring
application due to the seriousness of the crime, criminal records, and living
environment of the juvenile delinquent.
d) Other cases specified in clause
3 of Article 82 of the Law.
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Chapter IV
PROCEDURES FOR REVIEWING AND DECIDING ON APPLICATION
OF DIVERSION MEASURES
Section 1.
GENERAL PROVISIONS
Article 52.
Authority to apply diversion measures
1. The
heads, deputy heads of investigation authorities, directors, and deputy
directors of the Procuracy shall have the authority to apply community-based
diversion measures, except in cases where the case requires damages payment or
asset seizure.
2. Judges,
adjudication panels shall have the authority to apply diversion measures as
stipulated in Article 36 of this Law.
Article 53.
Requesting social workers to participate in proceedings
1. Immediately
after pressing charge against a juvenile suspect, the investigation authority
must request social workers on the list specified in clause 5 of Article 32 of
this Law to participate in the legal proceedings. If
necessary, requests may be made directly, by phone, or through other electronic
means but must be followed up with a written request.
2. Selection
of social workers should follow the following priority order:
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b) Cadres, civil servants, public
employees, and workers who are social workers residing in the same provincial
administrative division as the juvenile;
c) Child protection social workers
or cultural-social officials at the commune where the juvenile resides.
d) Other social workers as
prescribed by law.
3..
Within 01 day of receiving the investigation authority's request, social
workers must respond in writing regarding their participation in the legal
proceedings. If necessary, notifications can
be made directly, by phone, or through other electronic means but must be
followed up with a written response.
4. Within
one day of the social worker confirming participation in the proceedings, the
investigation authority must issue a written notification regarding
participation in the legal proceedings and send it to them. This notification must include a request for the
social worker to prepare a social investigation report on the juvenile suspect.
The notification of the social
worker's participation in the legal proceedings is valid throughout the legal
proceedings.
5. Social
workers are considered participants in the legal proceedings from the moment
they receive the notification about their participation.
Article 54.
Formulating social investigation reports
1. Within
one day of the social worker confirming participation in the proceedings, the
investigation authority must issue a written notification regarding
participation in the legal proceedings and send it to them.
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a) Full name, date of birth,
gender, personal identification number, place of residence of the juvenile;
b) Full name, place of residence of
the representative of the juvenile;
c) Full name, place of work (if
any) of the social worker;
d) Family relationships, living
conditions of the juvenile;
dd) Maturity level of the juvenile;
e) Health history of the juvenile;
g) Education, cultural level and
occupation of the juvenile;
h) Factors that may be the cause of
juvenile delinquency;
i) Places and individuals that may
lead the juvenile to commit new offenses (if any);
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3. Relevant
agencies, organizations and individuals shall provide information about
juvenile suspects when requested by social workers.
4. At
the request of the presiding authorities, social workers shall formulate
supplementary social investigation reports during the investigation,
prosecution, and adjudication.
Article 55.
Consideration for application of diversion measures
1. Within
15 days from the date the investigation authority receives the social
investigation report; within 7 days from the date the Procuracy receives the
case file and the conclusion of investigation for charges, and the Court
receives the case file and the charge, the heads, deputy heads of the
investigation authority, heads and vice heads of The Procuracy, or judges must
base issue a notification on applying or not applying the diversion procedure
in accordance with regulations of Articles 35, 37, 38, and 39 of this Law.
2. Notification
on applying or not applying the diversion procedure shall include:
a) Number, date of issuance of the
notification;
b) Name of the issuing agency;
c) Full name of the heads, deputy
heads of the investigative authority, directors, deputy directors of the
Procuracy, or judges issuing the notification;
c) Full name of the heads, deputy
heads of the investigation authority, heads and vice heads of The Procuracy, or
judges issuing the notification;
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e) Reasons, grounds for issuing the
notification;
g) Application or non-application
of the diversion procedure;
h) Recipient of the notification.
3. The
notification on applying or not applying the diversion procedure shall be sent
to the juvenile suspect, his/her representative, defense counsel, social worker
and the competent Procuracy within 3 days of issuance.
4. Immediately
after issuance of the notification, the investigation authority, Procuracy, or
Court shall:
a) If the juvenile is found
eligible for the community-based diversion measure, issue a written request to
the social worker to formulate a diversion plan, except in cases specified in
point b of this clause.
The request must include
information on the nature and severity of the juvenile's crime and other
necessary details for formulation of the diversion plan.
b) If the juvenile is found
eligible for the community-based diversion measure with an existing diversion
plan in the case file, the Procuracy or Court shall convene a meeting as
stipulated in Article 59 of this Law if it deems unnecessary to amend or create
a new diversion plan;
c) If the juvenile is deemed
eligible for application of educational measures at reformatory, the
Investigation authority or Procuracy shall submit a written request, along with
the case file, to the Court for review and decision on applying educational
measure at reformatory.
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5. During
the diversion procedure, if payment of damage or asset seizure is required, the
Investigation authority or Procuracy shall submit a written request, along with
the case file, to the Court for review and decision on applying the diversion
procedure and resolving issues regarding damages payment or asset seizure.
6. If
the Investigation authority requests the Court to consider and decide the
application of the diversion procedure according to the provisions in point c
of clause 4 and clause 5 of this Article, the Investigation authority must
notify the Procuracy of the corresponding level immediately.
7. The
application of the diversion procedure does not terminate the necessary
procedural activities to resolve the case.
In cases where criminal proceedings
are being simplified and a juvenile is found eligible for the diversion
procedure, the Investigation authority, Procuracy, or Court shall decide to
cancel the simplified procedure and resolve the case in accordance with this
Law and the Criminal Procedure Code.
8. When
issuing a notification on not applying Diversion procedure, the Investigation
authority, the Procuracy, and the Court shall continue to resolve the case in
accordance with the Criminal Procedure Code and this Law.
9. The
Prosecutor General of the Supreme People’s Procuracy shall take charge and
cooperate with the Chief Justice of the Supreme People's Court, the Minister of
Public Security, and the Minister of National Defense, shall elaborate points
4, 5, and 7 of this Article.
Article
56. Decision on applying diversion measures
1. Decision
on applying diversion measures must include:
a) Number, date of issuance of the
decision;
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c) Full name of the heads, deputy
heads of the Investigation authority, the Director, Deputy Director of the
Procuracy, Judge or Adjudication Council that issue the decision;
d) Full name, date of birth,
gender, personal identification number, place of residence, occupation,
educational level of the juvenile;
dd) Full name, place of work (if
any) of the defense counsel;
e) Crime, article, clause, and
point of the Criminal Code applied;
g) Reasons, grounds for issuing the
decision;
h) Decision on applying or not
applying diversion measures.
The name of the diversion measure
that apply, the duration of application, the duration of fulfilling
obligations, suspending the investigation of the case against the suspect, or
suspending the case against the suspect subject to the diversion measure, and
the cancellation of preventive measures, coercive measures, return of
temporarily seized documents or objects (if any), handling of evidence, and
other related issues must be clearly stated.
i) Responsibilities of
agencies, organizations , individuals enforcing the decision;
k) Effect of the decision
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2. The
decision on applying Diversion measures shall come into force on the date of
publication.
This decision may be appealed,
except in cases specified in clause 6 of Article 151 of this Law; or be
petitioned, except in cases specified in Article 4 of this Law and clause 6 of
Article 151 of this Law.
3. Within
5 days from the date of publication the decision on applying or not applying
the community-based diversion measure, the Investigation authority, Procuracy,
and Court shall take the following actions:
a) Deliver the decision to the
juvenile suspect and their representative; send it to the competent Procuracy
and to the victim; and send it to the competent Investigation authority in
cases where the Procuracy issues the decision;
b) Send the decision on applying
the community-based diversion measure and a copy of the social investigation
report to the People's Committee at the commune where the juvenile resides;
c) Send the decision on applying
the diversion measure of paying damages to the civil judgment-enforcing
agencies.
4. If
the decision on applying or not applying the community-based diversion measure
of the Investigation authority is unfounded or unlawful, within 5 days from
receiving the decision, the Procuracy shall resolve as follows and provide
clear reasons:
a) Make a decision to annul that
decision and request the investigation authority to continue resolving the case
in accordance with this Law and the Criminal Procedure Code;
b) Make a decision to annul the
decision on not applying/applying the community-based diversion measure and
request the investigation authority to reconvene to review and decide the
application of the community-based diversion measure, except in cases specified
in point c of this clause.
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c) In cases where the case file and
the conclusion of the investigation for charges have already been transferred
to the Procuracy, the Procuracy shall review and decide the application of the
community-based diversion measure in accordance with this Law.
5. Within
5 days from the date of publication the decision on applying or not applying
the educational measure at reformatory, the Court shall take the following
actions:
a) Deliver the decision to the
juvenile suspect, their legal representative; send it to the Procuracy of the
corresponding level, the victim; send it to the agency requesting the
application of the educational measure at reformatory (if any);
b)
Send the decision on application of the educational measure at a reformatory
school and a copy of the social investigation report to the criminal judgment execution
agency of the province-level Police where the juvenile resides;
c) Return the case file to the
investigation authority, Procuracy that made the request in cases where the
Court does not accept the request to apply the educational measure at
reformatory as stipulated in clause 1 of Article 68 of this Law.
Article 57.
Handling of cases where person serving diversion measure commit another crime
In cases where individuals under
diversion measures are prosecuted for other crimes, they shall not be
prosecuted for the crime for which the diversion measure is applied.
Section 2.
PROCEDURES FOR REVIEWING AND DECIDING ON APPLICATION OF COMMUNITY-BASED
DIVERSION MEASURES
Article 58.
Formulating diversion plans
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2. The
diversion plan must include:
a) The proposed diversion measures;
b) Duration and place of
implementation;
c) Rights and obligations of
juveniles in accordance with Article 23 of this Law;
d) Responsibilities of the relevant
agencies, organizations, individuals in execution of the decision on applying
the diversion measure.
3. When
necessary, the social worker may request the agency handling the current case
to provide information or organize a meeting to formulate the diversion plan. The meeting, chaired by the social worker, must
involve the representative of the juvenile suspect, and may include the
juvenile suspect, victim or their legal representative.
If
the proposed diversion measure involves participation in educational programs,
vocational training, treatment, or psychological counseling for the juvenile,
the social worker must cooperate with educational institutions, vocational
education institutions, medical establishments, or other relevant organizations
or individuals to specify the content, educational programs, vocational
training, treatment, or psychological counseling suitable for the juvenile.
4. At
the request of the presiding authorities, social workers shall formulate
supplementary diversion plan during the investigation, prosecution, and
adjudication.
Article 59.
Decision for convening a meeting to review and decide the application of the
community-based diversion measure
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2. Decision
on convening a meeting must include:
a) Date of issuance, name of the
issuing agency;
b) Date, place of the offline/online
meeting;
c) Full name, date of birth, sex,
personal identification number, place of residence of the juvenile suspect;
d) Full name, place of residence of
the representative of the juvenile suspect;
dd) Full name of the heads, deputy
heads of the investigative authority, directors, deputy directors of the
Procuracy, or Judge presiding over the meeting; Meeting secretary;
e) Full name of procurators
participating in the meeting convened by the Investigation authority, Court;
g) Full name, place of work (if
any) of the defense counsel;
h) Full name, place of work (if
any) of the social worker;
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k) Full name of other people
required to participate in the meeting (if any).
3. 3.
Participants in the meeting include:
a) Meeting conductors: Head or Deputy Head of the investigation authority;
Head and Deputy Head of the Procuracy; Judge; Meeting clerk;
b) Meeting attendees: Prosecutors participating in the meeting convened
by the Investigation authority, Court; Investigators participating in the
meeting convened by the Procuracy;
c) Others:
the juvenile suspect, their legal representative, defense counsel;
social worker; victim (if any);
d) When necessary, the
Investigation authority, Procuracy, Court may request experts such as
appraisers, interpreters, translators, medical, psychological, educational,
social work experts, representatives of educational institutions, vocational
education institutions where the juvenile suspect studies, representatives of
agencies and organizations where the juvenile suspect works, representatives of
the Vietnam Fatherland Front Committee at the commune level, member
organizations of the Front where the juvenile suspect resides, and other people
to attend the meeting.
4. The
decision on convening the meeting must be sent to the individuals specified in
point c of clause 3 of this Article, the competent Procuracy, the Investigation
authority in cases where the Procuracy convenes the meeting immediately after
the decision is issued. The meeting to review
and decide the application of the community-based diversion measure must be
organized within 5 days from the date of issuing the decision to convene the
meeting.
Article 60.
Meeting to review and decide on the application of the community-based
diversion measure
1. Before
the meeting begins, the meeting clerk shall check the presence of those
requested by the Investigation authority, Procuracy, or Court to participate in
the meeting; if someone is absent, the reason must be clarified and reported to
the meeting chairperson for a decision on whether to proceed or postpone the
meeting.
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a) The meeting chairperson shall
open the meeting;
b) The social worker shall present
the diversion plan;
c) The juvenile suspect and their
representative shall present their opinions;
d) The defense counsel shall
present their opinions;
dd) Other participants shall
present their opinions to clarify relevant issues;
e) The meeting chairperson shall
ask questions to clarify relevant issues;
g) The prosecutor shall express
their opinions;
h) The chairperson shall decide
whether to apply or not apply the diversion measure and announce the decision
content immediately at the meeting.
If the juvenile is deemed eligible
for application of educational measures at reformatory or if there are requests
to address issues regarding damages payment or asset seizure, the Investigation
authority or Procuracy shall submit a written request, along with the case
file, to the Court for review and decision on applying educational measures at
reformatory.
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3. Meetings
to review and decide the application of the community-based diversion measure
must be juvenile-friendly, ensure lawful rights and obligations of juveniles. Questions for juveniles must be age-appropriate and
gender-sensitive and consider their cognitive abilities and maturity level. Questions should be brief, simple, and easy to
understand, and not cover multiple issues at once. The
legal representative of the juvenile can assist them during the meeting.
4. The
Investigation authority, Procuracy, Court may postpone the meeting in the
following cases:
a) The interpreter is absent, and
there is no immediate replacement available;
b) The juvenile suspect or their
representative is absent for the first time with a valid reason.
5. The
meeting must not be postponed for more than 05 days from the date of issuance
of the postponement decision. The postponement
decision must be promptly sent to those present at the meeting; sent to the Procuracy
of the corresponding level and the absent individuals within 3 days from the
date of issuance.
Article 61.
Minute of meeting to review and decide the application of the community-based
diversion measure
1. The
minutes of the meeting to review and decide the application of the
community-based diversion measure must clearly record the date and location of
the meeting; participants in the meeting; the content and proceedings of the
meeting; the decision of the meeting chairperson.
2. After
the meeting, the chairperson must review the minutes, and together with the
clerk, sign the minutes.
Article 62.
Procedures of the court for reviewing and deciding application of
community-based Diversion measures at the request of the Investigation
authority, the Procuracy
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a) If there is already a diversion
plan in the case file, the Judge will make a decision to convene a meeting to
review and decide the application of the community-based diversion measure,
except when additional documents are needed;
b) If there is no diversion plan in
the case file, the Judge will request the social worker to formulate a
diversion plan in accordance with Article 58 of this Law. Within 3 days from the date receiving the diversion
plan, the Judge will make a decision on convening a meeting to review and
decide the application of the community-based diversion measure.
2. If
the suspect is held in detention, the Chief Justice, Deputy Chief Justice will
review and decide whether to continue with the detention or replace it with
other preventive measures in accordance with this Law and the Criminal
Procedure Code.
Preventive measure will apply until
the Court discloses a decision on the application of the diversion measure.
3. The
decision on convening a meeting, meeting participants, meeting opening time,
meeting postponement, meeting minutes, and request for additional documents
will comply with the corresponding regulations in Clauses 2, 3 and 4 of Article
64, Article 65, Clauses 4 and 5 of Article 66 and Article 67 of this Law.
4. Before
the meeting begins, the meeting clerk shall check the presence of those
requested by the Court to participate in the meeting; if someone is absent, the
reason must be clarified and reported to the Judge for a decision on whether to
proceed or postpone the meeting. The meeting
procedure is conducted as follows:
a) The Judge shall open the
meeting;
b) The representative of the
requesting agency shall present the request;
c) The social worker shall present
the diversion plan;
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dd) Other participants shall
present their opinions to clarify relevant issues;
e) The judge shall question the
representative of the requesting agency, the juvenile suspect, their
representative and other people attending the meeting to clarify relevant
issues;
g) The juvenile suspect, their
legal representative, and their defense counsel shall debate about relevant
issues. The debate is conducted under the
Judge's guidance. Participants have the right
to respond to each other's opinions. The Judge
must not limit the debate time, allowing participants to present their
arguments fully; the Judge may request others to refrain from presenting
irrelevant or repetitive arguments;
h) The prosecutor shall express
their opinion;
i) The Judge shall decide whether
to apply or not apply the community-based diversion measure or decide the
application of the educational measure at reformatory if the juvenile is deemed
eligible for educational measure at reformatory; resolve the issue of damages
payment or asset seizure; and publish the content of the decision immediately
at the meeting.
The decision on detention for the
juvenile subject to the educational measure at reformatory shall comply with
clause 6 of Article 66 of this Law.
5. Meetings
to review and decide the application of the community-based diversion measure
must be conducted in a friendly manner as stipulated in clause 3 of Article 60
of this Law.
6. Within
5 days from the date of announcing the decision on applying/not applying the
diversion measure, the Court shall take the following actions:
a) Deliver the decision to the
juvenile suspect, their legal representative; send it to the Procuracy of the
corresponding level, the victim, the requesting agency;
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c) Send the decision to the
competent civil judgment-enforcing agency;
d) Send the decision on applying
the educational measure at reformatory and a copy of the social investigation
report to the criminal judgment execution agency of a provincial Police where
the juvenile resides;
dd) Return the case file to the
Investigation authority, the Procuracy that made the request in cases of
refusal for further case resolution in accordance with Criminal Procedure Code
and this Law.
Section 3.
PROCEDURES FOR REVIEWING, DECIDING THE APPLICATION OF EDUCATIONAL MEASURES AT
REFORMATORY
Article 63.
Procedures for reviewing, deciding on applying educational measures at
reformatory
1. The
Court shall review and decide to apply the educational measure at reformatory
in the following cases:
a) Upon requested by the
Investigation authority or the Procuracy as specified in point c of clause 4 of
Article 55 and point h of clause 2 of Article 60 of this Law;
b) If the juvenile is deemed
eligible for application of educational measure at reformatory by the Court in
accordance with this Law.
2. Immediately
upon receiving the request, along with the case file from the Investigation
authority, the Procuracy as stipulated in point a of clause 1 of this Article
55, the Chief Justice of the Court must assign a Judge to handle the case.
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Preventive measure will apply until
the Court public a decision on the application of the educational measure at
reformatory.
Article 64.
Decision on convening a meeting for reviewing, deciding the application of
educational measures at reformatory
1. Within
7 days from the date of assignment in accordance with clause 2 of Article 63 of
this Law, or during the adjudication preparation phase as specified in point b
of clause 1 of Article 63 of this Law, the Judge must make a decision to
convene a meeting to review and decide the application of the educational
measure at the reformatory, except as provided in Article 65 of this Law.
2. Decision
on convening a meeting must include:
a) Date of issuance, name of the
issuing Court;
b) Date, place of the offline/online
meeting;
c) Full name, date of birth, sex,
personal identification number, place of residence of the juvenile suspect;
d) Full name, place of residence of
the representative of the juvenile suspect;
dd) Name of the requesting agency;
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g) Full name of the procurator
participating in the meeting;
h) Full name, place of work (if
any) of the defense counsel;
i) Full name, place of work (if
any) of the social worker;
k) Full name of the interpretation
(if any);
l) Full name of other people
required to participate in the meeting (if any).
3. Meeting
participants include:
a) Meeting conductors: Judge; Meeting clerk;
b) Meeting attendees: representative of the requesting agency, Prosecutor
participating in the meeting;
c) Others:
the juvenile suspect, their legal representative, defense counsel;
social worker; victim (if any);
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4. The
decision on convening the meeting must be sent to the individuals specified in
point c of clause 3 of this Article, the requesting agency, and the Procuracy
of the corresponding level immediately after the decision is issued. The meeting to review and decide the application of
the educational measure at reformatory must be organized within 5 days from the
date of issuing the decision to convene the meeting.
Article 65.
Request for additional documentation
1. The
Judge shall request the Investigation authority, Procuracy to provide
additional documentation in cases where the case file is unclear or
contradictory and requires clarification.
2. The
request must specify the documents needing supplementation and the reason for
the request.
3. Within
5 days from the date of receiving the Court's request, the requested agency
must send the supplemental documents to the Court. If
the documents cannot be provided, a written response must be given, stating the
reasons.
4. Within
5 days from the date of receiving the supplemental documents or from the
expiration of the deadline as prescribed in clause 3 of this Article, if the
requested agency fails to provide the documents, the Judge will issue a
decision to convene a meeting to review and decide the application of the
educational measure at reformatory.
Article 66.
Meeting for reviewing, deciding the application of educational measures at
reformatory
1. Before
the meeting begins, the meeting clerk shall check the presence of those
requested by the Court to participate in the meeting; if someone is absent, the
reason must be clarified and reported to the Judge for a decision on whether to
proceed or postpone the meeting.
2. The
meeting procedure is conducted as follows:
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b) The representative of the
requesting agency shall present the request;
c)The juvenile suspect, their
representative, defense counsel shall present their opinions;
d) The social worker participates
in the meeting shall present the social investigation report;
dd) Other participants shall
present their opinions to clarify relevant issues;
e) The judge shall question the
representative of the requesting agency, the juvenile suspect, their
representative and other people attending the meeting to clarify relevant
issues;
g) The juvenile suspect, their
legal representative, and their defense counsel shall debate about relevant
issues with the representative of the requesting agency
The debate shall be conducted under the Judge's guidance. Participants have the right to respond to each
other's opinions. The Judge must not limit the
debate time, allowing participants to present their arguments fully; the Judge
may request others to refrain from presenting irrelevant or repetitive
arguments;
h) The prosecutor shall express
their opinion;
i) The Judge shall decide on
whether to apply or not apply the educational measure at reformatory and
announce the decision content immediately at the meeting.
3. Meetings
to review and decide on the application of the educational measure at
reformatory must be conducted in a friendly manner as stipulated in clause 3 of
Article 60 of this Law.
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a) The representative of the
requesting agency is absent;
b) The interpreter is absent, and
there is no immediate replacement available;
c) The juvenile suspect or their
representative is absent for the first time with a valid reason.
5. The
meeting must not be postponed for more than 05 days from the date of issuance
of the postponement decision. The postponement
decision must be promptly sent to those present at the meeting; sent to the
Procuracy of the corresponding level and the absent individuals within 3 days
from the date of issuance.
6. The
Judge shall decide to detain the juvenile until the district-level criminal
judgment execution agency of a provincial police hands them over to the
reformatory if:
a) The juvenile is currently
detained but it is deemed necessary to continue with the detention to ensure
the implementation of the educational measure at reformatory;
b) The juvenile is not held in
detention, but there are grounds to believe they may flee or commit further
offenses.
Article 67.
Minute of meeting for reviewing, deciding the application of educational
measures at reformatory
1. The
minutes of the meeting to review and decide the application of the educational
measures at reformatory must clearly record the date and location of the
meeting; participants in the meeting; the content and proceedings of the
meeting; the decision of the Judge.
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Article 68.
Handling of cases where the Court does not apply the educational measure at
reformatory
1. If
the Court does not accept the request from the Investigation authority,
Procuracy to apply the educational measure at reformatory, the Court shall
return the case file to the Investigation authority, Procuracy to continue
resolving the case as per the provisions of the Criminal Procedure Code and
this Law.
2. If
the Court convenes a meeting to review and decide the application of the
educational measure at reformatory but decides not to apply this measure to the
juvenile suspect, the Court will proceed to resolve the case in accordance with
the Criminal Procedure Code and this Law.
Section 4.
COMPLAINT AND PETITION AGAINST DECISION ON APPLYING DIVERSION MEASURES
Article 69.
Persons with rights to file complaints and petitions against decisions on
applying diversion measures
1. When
there are grounds to believe that the decision on applying diversion is against
the law, the rights to file petitions shall be exercised as follows:
a) The Investigation authority
participating in the meeting to review and decide the application of diversion
measures has the right to file a petition against decision on applying/not
applying diversion measures of the Procuracy, Court;
b) The Procuracy at the same level
has the right to file a petition against decision on applying/not applying
diversion measures of the Court, except as prescribed in clause 6 of Article
151 of this Law.
2. Suspects
who are juveniles, victims, their legal representatives have the right to
complain about the decision on applying/not applying diversion measures if
there are grounds that the decision is against the law, infringing on their
lawful rights and interests.
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The time limit for filing a
complaint and petition is 5 days from the date of publication or receipt of the
decision on applying/not applying diversion measures.
In cases of force majeure or
objective obstacles preventing the exercise of the right to file a complaint
within the specified time limit, the time period due to such force majeure or
objective obstacles shall not be included in the complaint deadline.
Article 71.
Authority and time limit for resolving complaints and petitions
1. Complaints
against decisions on applying/not applying diversion measures made by the
Deputy Head of the Investigation authority are reviewed and resolved by the
Head of Investigation authority within 3 days from the date of receiving the
complaints.
Complaints against decisions on
applying/not applying diversion measures made by the Deputy Head of the
Investigation authority are reviewed and resolved by the competent Chief
Procurator of the Procuracy within 3 days from the date of receiving the
complaints.
2. Complaints,
petitions against decisions on applying/not applying diversion measures made by
the Deputy Chief Procurator of the Procuracy are reviewed and resolved by the
Chief Procurator of the Procuracy within 3 days from the date of receiving the
complaints, petitions.
Complaints, petitions against
decisions on applying/not applying diversion measures made by the Chief
Procurator of the Procuracy are reviewed and resolved by the Head of the
immediate superior Procuracy within 05 days from the date of receiving the
complaints, petitions.
Complaints, petitions against
decisions on applying/not applying diversion measures made by the Deputy Head
of the provincial Procuracy are reviewed and resolved by the Prosecutor General
of the Supreme People’s Procuracy within 10 days from the date of receiving the
complaints, petitions.
3. Complaints,
petitions against decisions on applying/not applying diversion measures made by
the Judge are reviewed and resolved by the Procurator General of the Supreme
People’s Procuracy within 03 days from the date of receiving the complaints,
petitions.
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Article 72.
Resolving complaints and petitions
1. Within
the time limit prescribed in Article 71 of this Law, the person with authority
to resolve complaints and petitions must make one of the following decisions:
a) Accepting the complaint or
petition and cancelling the decision on applying diversion measures to continue
resolving the case in accordance with the Criminal Procedure Code and this Law;
b) Accepting the complaint or
petition and cancelling the decision on not applying/applying diversion
measures and requesting the competent authority or person to reopen the meeting
to review and decide the application of diversion measures.
Within 5 days from the date of
receiving the decision to resolve the complaint or petition, the competent
authority, person must reopen the meeting to review and decide the application
of diversion measures;
c) Rejecting the complaint,
petition and keeping the applicable decision on applying/not applying diversion
measures.
2. Within 3 days from the date of issuance of a decision, the
competent authority handling the complaint or recommendation must send the
decision on settlement of the complaint or recommendation to the complainant or
recommender, the competent Procuracy, the agency that issued the decision on
application of diversion measures, the juvenile and their representative, and
the criminal judgment execution agency of the provincial Police where the
juvenile is required to serve the educational measure at a reformatory school
in cases specified at Points a and b Clause 1 of this Article.
3. The
decision to resolve the complaint or petition is legally effective and final.
4. If
the case file and the conclusion of the investigation for charges have been
transferred to the Procuracy, the person with authority to resolve complaints
as stipulated in clause 1 of Article 71 of this Law shall decide to suspend the
settlement of the complaint.
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Chapter V
EXECUTION OF DECISION ON APPLYING DIVERSION MEASURES
Section 1. EXECUTION
OF DECISION ON APPLYING COMMUNITY-BASED DIVERSION MEASURES
Article 73.
Responsibilities of agencies, organizations, individuals in execution of the
decision on applying the diversion measure
1. The
People's Committee of the commune where the person serving diversion measure
resides has the following tasks and powers:
a) Organize the execution of
decisions to apply diversion measures;
b) Determine the list of
supervisors for the execution of decisions to apply diversion measures locally;
appoint individuals directly supervising the execution of decisions to apply
diversion measures;
c) Direct the organization of
vocational training programs, employment, counseling programs, life skills
development, medical and social services, community activities in the area to
enable the participation of the person serving diversion measure;
d) Provide support to persons
serving diversion measure to ensure that they receive all of the priority
rights and preferential policies of the State for juveniles as regulated;
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e) Direct the preparation of budget
estimates for implementing diversion measures and submit them to competent
authorities for decision;
g) Report to the presiding
authorities that have issued the decision on applying diversion measures on the
results of application of diversion measures;
h) Organize training for
supervisors enforcing the decision on applying diversion measures or assign
them to participate in training programs;
i) Other tasks and powers in
accordance with law.
2. The
police of commune, ward, special zone shall act as a focal point to assist the
Commune-level People's Committee in carrying out the tasks and powers outlined
in this clause and the following tasks and powers:
a) Prepare and manage records on
the execution of decisions on applying diversion measures;
b) Propose to the President of the
commune-level People’s Committee the list of supervisors for enforcing
decisions on applying diversion measures in the local area based on the
following priority order: social workers;
commune-level social work collaborators; representatives of the Vietnam Women's
Union, the Ho Chi Minh Communist Youth Union, or reputable persons in the community,
good ethics, conditions, capabilities, and experience in educating and
assisting juveniles;
c) Propose to the President of the
commune-level People's Committee the assignment of individuals directly
supervising the execution of decisions on applying diversion measures;
d) Cooperate with the individuals
directly supervising the execution of decisions on applying diversion measures,
families, agencies, organizations, and individuals in managing, educating, and
assisting persons serving community-based diversion measure;
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e) Receive persons serving
community-based diversion measure transferred from elsewhere to stay or reside
temporarily during their absence from their residence, changes in residence,
and assess and evaluate their legal compliance during their stay;
g) Periodically or upon request,
compile data, assess the situation, and report the progress and results of
enforcing decisions on applying diversion measures within their jurisdiction to
the President of the commune-level People’s Committee and the competent
authority;
h) Other tasks and powers in
accordance with law.
3. Relevant
agencies, organizations, individuals shall have the following tasks and powers:
a) Cooperate with the competent
authorities, families in executing decisions on applying diversion measures;
b) Implement applied diversion
measures or provide necessary services to support persons serving
community-based diversion measure;
c) Assist and enable persons
serving community-based diversion measures in fulfilling their obligations;
d) Assess the compliance and
effectiveness of the diversion measures applied to persons serving diversion
measures and propose solutions (if any) to the individuals directly supervising
the execution of decisions on applying diversion measures.
4. Execution of decisions on
application of diversion measures for compensation for damage by Investigation
Agencies and Procuracies shall be as follows:
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b)
Military zone judgment execution agencies shall enforce decisions of
Investigation Agencies in the People’s Army and Military Procuracies;
c)
Procedures for execution of decisions under this Clause shall be carried out in
accordance with the law on civil judgment enforcement.
5. The
agency that issued decisions on applying diversion measures is responsible for
monitoring the execution of those decisions.
6. The
Government shall elaborate clauses 1, 2, 3, and 4 of this Article.
Article 74.
Calculation of the implementation duration of decisions on applying diversion
measures
1. The
implementation duration of decisions on applying diversion measures specified
in clauses 1, 2, 3, 4, 5, 6, 7, 8, and 11 of Article 36 of this Law shall start
from the date the person serving community-based diversion measure is present
at the commune-level People's Committee headquarters to receive notification
regarding the implementation of the decision on applying measures.
2. The
implementation duration of decisions on applying diversion measures specified
in clauses 9, 10 of Article 36 of this Law shall start from the date the
educational institutions, vocational education, medical establishments or
organizations eligible to provide psychological treatment or counseling.
Article 75.
Selection and replacement of persons directly supervising execution of decision
on applying diversion measures
1. Immediately
upon receiving the decision on applying diversion measures, the President of
the commune-level People’s Committee shall transfer this decision to the
Commune-level Police to carry out the assigned tasks within their jurisdiction.
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a) Social workers;
b) Commune-level social work
collaborators;
c) Representatives of the Vietnam
Women's Union, the Ho Chi Minh Communist Youth Union, or individuals with moral
integrity in the community, good ethics, conditions, capabilities, and
experience in educating and assisting juveniles.
3. Upon
receiving the proposal from the Commune-level Police, the President of the
commune-level People’s Committee shall appoint person directly supervising the
execution of the decision on applying diversion measures. One supervisor may be appointed to directly
supervise multiple individuals but not more than 03 persons at the same time.
This decision must be promptly sent
to the Commune-level Police, the person directly supervising the execution of
the decision on applying diversion measures, the person serving community-based
diversion measure, and their legal representatives.
4. During
the supervision, if the supervisor is unable to continue performing their
duties or does not complete the assigned tasks, the Commune-level Police must
promptly propose a replacement, report to the President of the commune-level
People’s Committee for consideration and decision.
5. The
Government shall elaborate this Article.
Article 76.
Notification of the execution of the decision on applying diversion measures
1. Within
2 working days from the date of appointing the person directly supervising the
execution of the decision on applying diversion measures, the President of the
commune-level People’s Committee shall summon the person serving
community-based diversion measure; invite their representative, the supervisor,
the Commune-level Police, and representatives of relevant agencies,
organizations, and individuals to notify them about the execution of the
decision on applying diversion measures.
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a) Rights and obligations of
persons serving community-based diversion measure;
b) Person directly supervising
execution of decision on applying diversion measures and their
responsibilities;
c) Responsibilities of the relevant
agencies, organizations, individuals and families in execution of the decision
on applying the diversion measure.
3. 3.
The notification of the execution of decision on applying diversion measures
must be documented and kept in the records.
Article 77.
Commitment of persons serving community-based diversion measure
1. The
person serving community-based diversion measure must make a commitment
regarding fulfillment of obligations specified in clause 2 of Article 23 of
this Law and send it to the person directly supervising execution of decision
on applying diversion measures.
2. The
commitment of the person serving community-based diversion measure must include
the opinions of their father, mother, or guardian.
Article 78.
Responsibilities of families in execution of the decision on applying the
diversion measure
1. Encourage
and motivate persons serving community-based diversion measures to comply with
the law and fulfill their obligations.
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3. Cooperate
with the commune-level People's Committee, the person directly supervising
execution of decision on applying community-based diversion measures, local
organizations, and associations in managing, educating, and assisting the
persons serving community-based diversion measures.
4. Report
the results of execution of decision on applying diversion measures to the
person directly supervising the execution thereof and the commune-level
People's Committee when requested.
5. Cooperate
with educational institutions, vocational education institution, and
organizations where the person serving community-based diversion measure is
studying or working to manage, encourage, and assist them.
6. Parents
or guardian of the person serving community-based diversion measure are
responsible for payment of damages as stipulated by law.
7. Be
present when the competent person drafts a report on breach of obligations of
the person serving community-based diversion measure as per the regulations in
clause 1 of Article 82 of this Law.
Article 79.
Responsibilities and power of person directly supervising execution of decision
on applying diversion measures
1. The
person directly supervising execution of decision on applying diversion
measures shall have the following responsibilities:
a) Formulate and organize plan for
execution of decisions on applying diversion measures;
b) Request the person serving
community-based diversion measure to write a commitment as stipulated in
Article 77 of this Law.;
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d) Cooperate with relevant agencies
and organizations in enabling the participation of the persons serving
community-based diversion measure in appropriate and life-stabilizing cultural,
vocational activities;
dd) Contact and introduce persons
serving community-based diversion measure to participate in available life
skills classes and cultural, social and sports activities in their local area;
e) Cooperate with agencies, organization,
families in supervising execution of decisions on applying diversion measures;
g) Cooperate with the Commune-level
Police and relevant individuals in advising the President of the commune-level
People’s Committee on execution of decisions on applying diversion measures;
h) Monitor, supervise, and urge the
execution of decisions on applying diversion measures;
i) Assess the situation and results
of execution of decisions on diversion measures monthly;
k) Timely report to the President
of the commune-level People’s Committee on any behaviors, violations against
the law of the person serving community-based diversion measures to have
appropriate prevention, management, and educational measures;
l) Report to the President of the
commune-level People's Committee on any breaches of obligations by the person
serving community-based diversion measures and cooperate with the Communal
Police to record the violations.
m) Report to the President of the
commune-level People's Committee for review and preparation of an application
for an extension of the obligation fulfillment period, a change in the
diversion measures, or an early termination of the application of diversion
measures; if the diversion measures are deemed inappropriate or implementation
is challenging, propose solutions or adjust plans, and report to the President
of the commune-level People's Committee for a decision;
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o) Other responsibilities in
accordance with law.
2. The
person directly supervising execution of decision on applying diversion
measures shall have the right to participate in training programs to improve
their skills, knowledge, and experience in educating and assisting juveniles.
3. The
Government shall elaborate this Article.
Article
80. Formulation of plan for execution of decisions on applying diversion
measures
1. Within
5 working days from the date of receiving the assignment decision, the person
directly supervising execution of the decision on applying diversion measures
must draft a plan for execution of the decision on applying diversion
measures for approval from the President of the commune-level People's
Committee.
2. The
plan for execution of the decision on applying diversion measures must include:
a) The applied diversion measures;
b) Support services that need to be
implemented to address risk factors, causes and conditions for violations
against the law of the person serving community-based diversion measures;
c) Agencies, organizations,
individuals responsible for execution of the decision on applying the diversion
measure; necessary support service providers; agencies, organizations and
individuals responsible for cooperation;
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dd) Other activities to enforce the
decision on applying diversion measures.
3. Within
5 working days from the date of receiving the draft plan for execution of the
decision on applying diversion measures, the Chairman of the commune-level
People's Committee must approve the plan.
The plan must be sent to the person
serving community-based diversion measure, their representative, relevant
agencies, organizations, individuals, and the Commune-level Police for
inclusion in the records of execution of the decision on applying measures.
4. The
Government shall elaborate this Article.
Article 81.
Resolving cases where the person serving community-based diversion measure
commit is absent from or change place of residence
1. The
person serving community-based diversion measure may be absent from their place
of residence with a valid reason, must submit a leave request, and obtain the
consent of the President of the commune-level People's Committee; and must make
a temporary absence declaration as per laws on residence. In cases of refusal, a written response must be
given, stating the reasons.
The duration of absence from the
place of residence each time must not exceed 10 days, and the total duration of
absence must not exceed one-third of the term of duty, except in cases of
illness requiring treatment at a medical establishment as prescribed by a
doctor and must have confirmation of treatment from that medical establishment.
2. If
the person serving community-based diversion measure must change his/her place
of residence for legitimate reasons, he/she must submit an application and
obtain the consent of the President of the commune-level People's Committee
assigned to enforce the decision on applying diversion measures.
Within 05 working days from the
date of receipt of the application of the person serving commune-level
diversion measure, the commune-level People's Committee shall cooperate with
relevant units and the commune-level People's Committee where the person is
transferred to in inspecting, verifying and deciding the change of residence of
that person. In case of approving the change
of residence, the commune-level People's Committee assigned to enforce the
decision on applying diversion measure must issue a written notice to the
applicant and a document transferring the dossier on execution of the decision
on applying diversion measure to the commune-level People's Committee where the
applicant is transferred to continue to organize the execution in accordance
with this Law; in case of refusal, a written notice must be given stating the
reasons.
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3. The
document transferring the dossier on execution of the decision applying
diversion measure prescribed in Clause 2 of this Article must also be sent to
the agency that issued the decision applying diversion measure.
Article 82.
Article 82. Handling of cases where person serving diversion measure breaches
obligations
1. If
the person serving community-based diversion measure breaches the obligations
specified in Clause 2 of Article 23 of this Law, the person directly
supervising execution of the decision on applying diversion measures must
cooperate with the commune-level police in preparing a report on the breach of
obligations.
The preparation of report must
involve the participation of the person serving community-based diversion
measure and their representative. The report
must be promptly sent to the President of the commune-level People's Committee
to request an extension of the deadline for fulfilling the obligation or a
change in the diversion measure.
2. The
person serving community-based diversion measure who intentionally breaches the
obligation once during the obligation fulfillment period may have the deadline
extended for fulfilling the obligation, except for cases of damages payment
specified in Clause 3 of Article 42 of this Law.
3. The
person serving who intentionally breaches obligations once during the extended
obligation fulfillment period or intentionally breaches obligations multiple
times during the obligation fulfillment period may change their community-based
diversion measure to an educational measure at reformatory.
4. The
Government shall elaborate this Article.
Article 83.
Extension of time limits for performing obligations
The time limit for performing
obligations may be extended once. To be specific:
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2. The
extension period for individuals from 18 years of age at the time of the
violation shall be equal to the original obligation fulfillment period applied.
Article 84.
Procedures for extension of time limits for performing obligations
1. Within
a deadline of 3 working days from the date of receiving the violation report,
the President of the commune-level People's Committee must prepare an
application for extension of the obligation fulfillment period and send it to
the authority that issued the decision on applying diversion measure.
2. The
application for extension of time limits for performing obligations includes:
a) Application from the Chairman of
the commune-level People's Committees;
b) Report from the person directly
supervising enforcement of decision on applying diversion measures;
c) Report on breach of obligations;
d) Other relevant documents.
3. Within
03 working days from the date of receiving the application from the President
of the commune-level People's Committee, the authority that issued the decision
on applying diversion measure must review, decide on the extension of time
limits for performing obligations. For complex cases, this deadline may be
extended, but not exceeding 5 working days. In case of refusal, a written
response must be given, stating the reasons.
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Article 85.
Change in diversion measures
1. Cases
of changing the diversion measure include:
a) The person serving
community-based diversion measure may have their current measure changed to a
different community-based diversion measure if the current measure is
considered not suitable due to the objective reasons.
b) Persons serving community-based
diversion measure who fall under cases specified in clause 3 of Article 82 of
this Law.
2. The
change of the diversion measure specified in point a of Clause 1 of this
Article shall only be carried out once.
Article 86.
Procedures for changing the current community-based diversion measure to
another community-based diversion measure
1. Immediately
after there are grounds specified in point a of Clause 1, Article 85 of this
Law, the person directly supervising the execution of the decision on applying
diversion measure must report to the President of the commune-level People's
Committee. Within 3 working days from the date
of receiving the report, the President of the commune-level People's Committee
shall prepare an application on changing the current community-based diversion
measure to a different current community-based diversion measure and send it to
the authority issuing the decision on applying diversion measure.
2. The
application for changing the diversion measure includes:
a) Application from the President
of the commune-level People's Committees;
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c) Other relevant documents.
3. Within
3 days from the date of receiving the application, the Head, Deputy Head of the
investigation authority, Director, Deputy Director of the Procuracy or Judge
that issued the decision on applying diversion measure must review and change
the diversion measure. In case of refusal, a written response must be given,
stating the reasons.
4. Upon
deciding to change the redirection measure, the authority issuing the decision
on applying diversion measure must review and decide on the appropriate time
limit for implementing the diversion measure and the time limit for performing
obligations.
5. The
decision on changing the diversion measure shall come into force from the date
on which it is signed and replace the previously issued decision on applying
diversion measure. This decision is not
subject to complaint or petition and must be promptly sent to the person
serving community-based diversion measure, their representative, and the
President of the commune-level People's Committee who made the application.
Article 87.
Procedures for changing the current community-based diversion measure to
educational measure at reformatory
1. Within
3 working days from the date of receiving the violation report, the President
of the commune-level People's Committee shall prepare an application for
reviewing and changing the current community-based diversion measure to
educational measure at reformatory and send it to the regional People's Court
where the person serving the community-based diversion measure resides.
2. The
application for changing the diversion measure includes:
a) Application from the President
of the commune-level People's Committees;
b) Report from the person directly
supervising execution of decision on applying diversion measures;
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d) Copy of the dossier on execution
of the decision on applying diversion measure;
dd) Other relevant documents.
3. Immediately
upon receiving the application, the Chief Justice of the Court must assign a
Judge to handle the case. Within 3 days from
the assignment date, the Judge shall take the following actions:
a) If the application is complete,
a decision to hold a meeting shall be issued;
b) If the request file is unclear
or inadequate, request the application to provide additional documents. The applicant must submit the requested additional
documents within 03 working days from the date of receiving the request. If the
documents cannot be provided, a written response must be given, stating the
reasons.
Within 5 working days from the date
of receiving the additional documents or from the expiration of the deadline as
prescribed in this clause, if the applicant fails to provide the documents, the
Judge will issue a decision to convene a meeting to review and change the
current community-based diversion measure to educational measure at
reformatory.
4. Decision
on convening a meeting must include: date of
decision, full name of the Court issuing the decision; full name, position, and
agency of the applicant; full name of the Judge, Clerk of the meeting, date,
location of the meeting (in-person or online); full name, date of birth, sex,
personal identification number, place of residence of the person serving
community-based diversion measure; name of the authority issuing the decision
on applying diversion measure; the name of the applied diversion measure.
This decision must be sent to the
individuals specified in point c of clause 5 of this Article, the applicant,
and the Procuracy of the corresponding level immediately after the decision is
issued.
5. Meeting
participants include:
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b) Meeting attendees: applicant or their representative, Prosecutor
participating in the meeting;
c) Others:
the person serving community-based diversion measure; their
representative; the person protecting their legal rights and interests (if
any); the person directly supervising the execution of the diversion measure;
d) When necessary, the Court may
request interpreters, translators, medical, psychological, educational, social
work experts, representatives of educational institutions, vocational education
institutions, representatives of agencies and organizations, representatives of
the Vietnam Fatherland Front Committee at the commune level, member
organizations of the Front where the person serving community-based diversion
measure studies, works and resides, and other people to attend the meeting.
6. The
meeting to review and change the current community-based diversion measure to
educational measure at reformatory must be organized within 5 working days from
the date of issuing the decision to convene the meeting.
7. The
meeting procedure is conducted as follows:
a) Before the meeting begins, the
clerk shall check the presence of those requested by the Court to participate
in the meeting; if someone is absent, the reason must be clarified and reported
to the Judge for a decision on whether to proceed or postpone the meeting.
b) The Judge shall open the
meeting;
c) The applicant or authorized
person shall present the request to change the current community-based diversion
measure to educational measure at reformatory;
d) Other participants shall present
their opinions to clarify relevant issues;
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e) The prosecutor shall express
their opinion;
g) The Judge shall accept or refuse
the application for changing the current community-based diversion measure to
educational measure at reformatory and announce the decision content
immediately at the meeting.
8. All
proceedings at the meeting are recorded in minutes and kept on file. The meeting minute must be signed by the
Judge and the Clerk.
9. The
court shall consider postponing the meeting when the applicant or authorized
person is absent. The meeting must not be
postponed for more than 05 working days from the date of issuance of the
postponement decision. The postponement
decision must be promptly sent to those present at the meeting; sent to the
Procuracy of the corresponding level and the absent individuals within 03
working days from the date of issuance.
10. Decision
on changing the current community-based diversion measure to educational
measure at reformatory must include:
a) Number, date of issuance of the
decision;
b) Name of the Court that issues
the decision;
c) Full name of the Judge that
issue the decision;
d) Full name, date of birth,
gender, personal identification number, place of residence, occupation,
educational level of the juvenile;
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e) Decision on changing/not
changing the current community-based diversion measure to educational measure
at reformatory. In case of changing, the
decision must include content regarding the suspension of the implementation of
the previously issued decision on applying community-based measures;
g) Responsibilities of
agencies, organizations , individuals enforcing the decision;
h) Effect of the decision
i) Recipient of the decision.
11. Decision
on changing the current community-based diversion measure to educational
measure at reformatory shall come into force from the date on which it is
disclosed.
12. In
cases of approving changing the current community-based diversion measure to
educational measure at reformatory, within 07 days from the date of
announcement, the Court must deliver the decision to the person serving
community-based diversion measure, their representative, and send it to the
applicant, the People's Procuracy at the same level, the agency issuing the
previous decision on applying community-based diversion measure; send it to the
criminal judgment execution agency of a provincial police where the person
serving community-based diversion measure resides.
13. In
case of refusal, the person serving the community-based diversion measure shall
continue to serve the current diversion measure.
Article 88.
Filing complaints, petitions and resolving complaints, petitions against decisions
on changing/not changing the current community-based diversion measure to
educational measure at reformatory
1. Within
05 working days from the date of receipt of the decision on changing/not
changing the current community-based diversion measure to educational measure
at reformatory, the person serving community-based diversion measure or their
representative has the right to file complaint, and the People's Procuracy at
the same level has the right to file petition against this decision.
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Complaints, petitions against
decision on changing/not changing the current community-based diversion measure
to educational measure at reformatory made by the Judge who is currently the
Chief Justice are reviewed and resolved by the Chief Justice of the immediate
superior Court within 07 days from the date of receiving the complaints,
petitions.
3. Within
the time limit specified in point 2 of this Article, the competent Chief
Justice of the Court must make one of the following decisions:
a) Accept the complaint or petition
and cancel the decision on changing the current community-based diversion measure
to educational measure at reformatory to continue implementation of the current
community-based diversion measure.
b) Accept the complaint or petition
and cancel the decision on not changing the current community-based diversion measure
to educational measure at reformatory and issue a decision on changing the
current community-based diversion measure to educational measure at
reformatory;
c) Reject the complaints, petitions
and keep the applicable decision on changing/not changing the current
community-based diversion measure to educational measure at reformatory.
4. Within
3 working days from the date of issuance of the decision, the person with
authority to resolve complaints and petitions must send the decision to resolve
the complaint or petition to the person who files it; application for changing
the diversion measure; criminal judgment execution unit of a provincial police
office where the juvenile is residing for cases specified in points a and b of
this clause 3 of this Article.
5. The
decision to resolve the complaint or petition is legally effective and final.
Article 89.
Early termination of serving diversion measures
1. The
person serving community-based diversion measure specified in clauses 4, 5 and
6 of Article 36 of this Law, who has served half of the term of serving the
measure and made considerable progress, may be eligible early termination of
serving this diversion measures.
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Article 90.
Procedures for early termination of serving diversion measures
1. If
the person serving community-based diversion measure falls under cases
specified in Article 89 of this Law, the person directly supervising the
execution of the decision on applying diversion measure shall report to the
President of the commune-level People's Committee to prepare an application for
early termination of serving diversion measure and send it to the agency
issuing the decision on applying diversion measures.
2. The
application for early termination of serving diversion measures includes:
a) Application from persons serving
community-based diversion measure;
b) Application from the President
of the commune-level People's Committees;
c) Report from the person directly
supervising enforcement of decision on applying diversion measures;
d) Other relevant documents.
3. Within
03 working days from the date of receiving the application for early termination
of serving diversion measure, the agency that issued the decision on applying
diversion measure must review and decide on early termination of serving
diversion measure. In case of refusal, a
written response must be given, stating the reasons.
4. Decisions
on early termination of serving diversion measures shall come into force from
the date on which it is signed and not be subject to complaint or petition.
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Article 91.
Certification of completion of serving community-based diversion measure
1. Within
05 working days before the end of the execution period of the decision on
applying diversion measure or immediately after receiving the decision on early
termination of serving diversion measure, the person directly supervising the execution
of the decision on applying diversion measure shall prepare a summary report on
the results of the completion of the diversion measure and send it to the
Chairman of the commune-level People's Committee.
2. On
the last day of the implementation period of the diversion measure, the
Chairman of the commune-level People's Committee shall issue a certificate of
completion of the community-based diversion measure to the person serving
community-based diversion measure.
3. The
certificate of completion of the community-based diversion measure shall be
sent to the representative of the person serving community-based diversion
measure and the agency that issued the decision on applying diversion measure.
The agency that issued the decision
on applying diversion measure shall keep the certificate of completion of the
community-based diversion measure in the case file in accordance with the law
on archives.
4. The
Government shall elaborate this Article.
Article 92.
Suspension of execution of decision on applying diversion measures
1. Cases
of suspension of execution of decision on applying diversion measures include:
a) The person serving
community-based diversion measure who is prosecuted for another offense and is
put in detention or subject to community sentence, or imprisonment;
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c) Persons serving community-based
diversion measure who suffer from a mental illness or other illness that causes
loss of cognitive ability or ability to control behavior;
d) Persons serving community-based
diversion measure who have their community-based diversion measure changed to
educational measure at reformatory.
2. The
suspension of enforcement of decision on applying diversion measures does not
terminate the obligation to compensate for damages (if any).
3. If
the person serving community-based diversion measure falls under cases
specified in points a, b and c of clause 1 of this Article, the person directly
supervising the execution of the decision on applying diversion measure shall
report to the President of the commune-level People's Committee to notify the
agency issuing the decision on applying diversion measures.
4. Immediately
after receiving the notification, the agency that issued the decision on
applying diversion measure shall issue a decision to suspend the execution of
the decision on applying diversion measure.
5. The
decision on suspension of execution of decision on applying diversion measures
must be promptly sent to the person serving community-based diversion measure
specified in point a of clause 1 of this Article, his/her representative and
the commune-level People's Committees where he/she resides.
Section 2.
ENFORCEMENT OF DECISION ON APPLYING EDUCATIONAL MEASURES AT REFORMATORY
Article 93.
Requirements of facilities for reformatories
1. Reformatories
must ensure that there are areas for housing, infirmary, cultural education,
vocational training, recreation, communal activities, physical training,
sports, libraries, and other necessary facilities that are arranged and
designed to suit juveniles.
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3. The
Government shall elaborate this Article.
Article 94.
Procedures for execution of decision on applying educational measures at
reformatory
1. Within
03 working days from the date of receipt of the decision applying educational
measures at reformatory, the criminal judgment execution agency of the
district-level police where the juvenile resides must report to the criminal
judgment execution management agency of the Ministry of Public Security to
issue a decision to send the juvenile to a reformatory.
2. Within
03 working days from the date of report from the criminal judgment execution
agency of the district-level police, the criminal judgment execution management
agency of the Ministry of Public Security shall issue and send a decision to
send the juvenile to a reformatory to the criminal judgment execution agency of
the provincial police.
3. Within
05 working days from the date of receipt of the decision of the criminal
judgment execution management agency of the Ministry of Public Security, the
criminal judgment execution agency of the provincial police shall prepare a
dossier and deliver the juvenile to the reformatory. The
dossier includes:
a) A copy of the decision on
applying educational measures at reformatory;
b) Decision to send the juvenile to
a reformatory;
c) The juvenile's resume certified
by the commune-level People's Committee;
d) Personal identification
statement;
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e) Other relevant documents (if
any).
4. Upon
receiving the juvenile, the Principal of the reformatory must check the dossier
and make an admission record and organize a health check for him/her. Within 05 working days from the date of receiving
the juvenile, the Principal of the reform school must notify the juvenile's
representative of the admission.
5. Upon
receiving the juvenile, the Principal of the reform school must prepare the
dossier of the juvenile. The dossier includes:
a) Documents specified in clause 3
of this Article;
b) Admission record of the
juvenile;
c) Documents reflecting the results
of implementation of educational measures at reformatory;
d) Other relevant documents during
the juvenile's implementation of educational measures at reformatory.
Article 95.
Postponement and suspension of serving educational measures at reformatory
1. The
person subject to educational measures at reformatory may postpone serving
educational measures at reformatory in one of the following cases:
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b) He/she has another plausible
reason as certified by the head of the criminal judgment enforcement agency of
the provincial police.
2. For
cases of postponement of serving educational measures at reformatory, the
criminal judgment enforcement agency of a district police office where the
person subject to educational measures at reformatory resides must prepare and
submit an application to the Court that issued the decision on applying
educational measures at reformatory for review and decision. The dossier includes:
a) An application from the person
subject to educational measures at reformatory or their representative;
b) The hospital's conclusion on the
medical condition of the person serving educational measure at reformatory for
the case specified in Point a of Clause 1 of this Article or the confirmation
of the Head of the criminal judgment execution agency of the district-level
police for the case specified in Point b of Clause 1 of this Article;
A guarantee of the representative
of the person subject to educational measure at reformatory.
3. If
a reformatory inmate is seriously ill, the Principal of the reformatory shall
prepare a dossier and send an application to the district-level People's Court
where the reformatory is located to review and decide suspension.
The application for suspension of
serving the measure shall comply with clause 2 of this Article.
4. Within
05 working days from the date of receipt of the application for postponement or
suspension of serving educational measures at reformatory, the competent Chief
Justice of the Court shall review and decide.
5. Within
03 working days from the date of issuing the decision on postponement or
suspension of serving educational measures at reformatory, the Court that
issued the decision must send that decision to the following agencies,
organizations and individuals:
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b) The criminal judgment
enforcement agency of the provincial police where the person whose educational
measures at reformatory is postponed or suspended resides;
c) The Procuracy at the same level;
d) The reformatory, the Court that
issued the decision on applying educational measures at reformatory in the case
of suspension.
6. The
criminal judgment execution agency of the provincial police where the person
whose educational measures at reformatory is postponed or suspended resides is
responsible for managing them during the postponement or suspension period.
Within 03 working days from the
date of receiving the postponement or suspension decision, the criminal
judgment execution agency of the district-level police, where the person whose
educational measures at reformatory is postponed or suspended resides, must
request that person to make a written commitment to strictly comply with the
law and present himself/herself when requested, except in cases where he/she is
seriously ill, receiving intensive medical care, or physically unable to move.
If the person whose educational
measures at reformatory is postponed or suspended escapes, the criminal
judgment execution agency of the district-level police where that person
resides shall issue a pursuit decision and organize the pursuit and take
him/her back to the reformatory and notify the Court that issued the
postponement or suspension decision to issue a decision to cancel the issued
postponement or suspension decision.
7..
If the person whose educational measures at reformatory is postponed or
suspended due to serious illness still uses health reasons to avoid serving
even if he/she is showing sign of recovering or if he/she shows signs of mental
illness or other illness that causes loss of cognitive ability or ability to
control behavior, the criminal judgment execution agency of the district-level
police where that person resides shall be request a medical assessment or a
forensic mental assessment. The assessment
costs shall be covered by the requesting agency.
8. When
there is no longer a reason for postponement or suspension, the criminal
judgment enforcement agency of the provincial police where the person eligible
for postponement and suspension of serving educational measures at reformatory
resides must notify the Court that issued the postponement or suspension
decision to issue a decision to cancel the postponement or suspension decision
and send that person to a reformatory.
9. If
the person whose educational measures at reformatory is postponed or suspended
dies, his/her family must immediately notify the People's Committee of the
commune where he/she resides. Immediately
after receiving the notification, the commune-level People's must report to the
criminal judgment execution agency of the provincial police.
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1. Cases
of suspension of execution of decision on applying educational measures at
reformatory include:
a) Persons serving educational
measures at reformatory, reformatory inmates who are prosecuted for another
offense and is put in detention or subject to community sentence, or
imprisonment;
b) Persons serving educational
measures at reformatory, reformatory inmates who have passes away;
c) Persons serving educational
measures at reformatory, reformatory inmates who suffer from a mental illness
or other illness that causes loss of cognitive ability or ability to control
behavior;
d) Canceling decisions on applying
educational measures at reformatory, decisions on changing the current
community-based diversion measure to educational measures at reformatory.
2. The
suspension of execution of decision on applying educational measures at
reformatory does not terminate the obligation to pay damages (if any).
3. When
having one of the grounds specified in Clause 1 of this Article, the criminal
judgment execution agency of the provincial police where the person subject to
educational measures at a reformatory school resides, or the Principal of the
reformatory, shall notify the competent Court specified in Clauses 2 and 3 of
Article 95 of this Law to issue an execution suspension decision.
4. Immediately
after receiving the notification, the competent Chief Justice of the Court
shall issue a decision on suspension of execution of decision on applying
educational measures at reformatory.
5. The
decision on suspension of execution of decision on applying educational
measures at reformatory must be immediately sent to the person serving
educational measure at reformatory, the reformatory inmate in Points a and d of
Clause 1 of this Article, their representative, the criminal judgment execution
agency of the district-level Police, the reformatory, the Procuracy at the same
level, and the Court that issued the decision on applying educational measures
at reformatory.
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1. Cases
where the person serving educational measures at reformatory or the reformatory
inmate escapes shall be handled as follows:
a) If the person serving educational
measures at reformatory escapes, the criminal judgment execution agency of the
provincial police where that person resides shall issue a pursuit decision and
organize the pursuit;
b) If the reformatory inmate
escapes, the principal of the reform school shall issue a pursuit decision and
organize the pursuit;
2. People's
Committees and police authorities at all levels shall cooperate in organizing
pursuit and arresting the escapee.
3. Upon
detecting the escapee:
a) The person who detects the escapee
shall report to the nearest police authority or People's Committee or arrest
and bring them to these agencies to be taken to the nearest criminal judgment
execution agency of the provincial police. Upon
receiving the escapee, the criminal judgment execution agency of the provincial
police must prepare a record regarding this matter, take testimonies of, manage
such person and immediately inform the agency that issued the pursuit decision
so they can send someone to receive the escapee. In
cases of requiring detainment of the escapee, the head of criminal judgment
execution agency of the provincial police shall issue a decision on detaining
such person in the detention room of the provincial police. The detention period shall not exceed 03 days from
the date of detention and shall be included in the period of serving
educational measure at reformatory.
The testimonies must be quickly and
promptly taken, and may involve the participation of their representatives or
social workers;
b) Immediately after receiving the
notification, the agency that issued the pursuit decision must send someone to
receive the escapee, immediately take him/her to the reformatory, and report to
the criminal judgment execution management agency of the Ministry of Public
Security;
c) The handover and receipt of the
escapee must be recorded in reports.
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5. The
Government shall elaborate this clause 4 of this Article.
Article 98.
Management of reformatory inmates
1. Reformatory
inmates shall be supervised and managed by officers and teachers of
reformatories and strictly comply with the schools' internal regulations. Officers and teachers of the reformatory must be
knowledgeable about psychology or have experience in solving problems related
to juveniles.
2. Depending
on the reformatory inmates' age, gender, education as well as the nature and
severity of their offenses, reformatories shall divide reformatory inmates into
groups and classes and assign teachers to directly take charge of them.
3. The
Government shall elaborate this Article.
Article 99.
Execution of transfer orders
1. Upon
receiving a written request of a competent procedural agency, person for
transfer of a reformatory inmate, the criminal judgment execution management
agency of the Ministry of Public Security shall issue a transfer order.
2. When
necessary to transfer a reformatory inmate for educational or medical
examination and treatment purposes, the principal of the reformatory shall
issue a transfer order.
3. A
transfer order must include:
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b) Full name, date of birth,
registered place of residence of the inmate to be transferred;
c) Purpose and length of transfer;
d) Agency, organization, person
receiving the transferred inmate (if any);
dd) Date of issuance of the order;
signature and seal of the issuer.
4. The
competent agency shall receive the transferred reformatory inmate and return
him/her to the reformatory within the time limit indicated in the transfer
order, and make a report of the handover and receipt.
Costs of travel and accommodation of transferred reformatory inmates
shall be covered by the state budget, unless the reformatory inmates are sent
to their families for medical treatment as prescribed by the law.
5. The
transfer period shall be included in the period of serving educational measures
at reformatory.
6. The
Government shall elaborate this Article.
Article 100.
Cultural education, career education, vocational training and labor
1. Reformatory
inmates shall be provided with cultural education, career education, vocational
training as prescribed by the Government.
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2. Reform
schools shall cooperate with vocational education institution to provide
vocational training for inmates.
3. Outside
of school hours, students from 15 years old must participate in labor according
to the plan organized by the reform school. Reform
schools must arrange work that is appropriate to the age and health of inmates
to ensure normal physical development, not assign heavy, dangerous, or toxic
work, and ensure occupational safety and hygiene.
The labor time of a reformatory
inmate must not exceed his/her learning time. The
learning and labor time of a reformatory inmate must not exceed 7 hours per day
and 35 hours per week.
Reformatory inmates' labor fruits
shall be used for improving their living and learning conditions and
transferred to the meal fund, community reintegration fund, or commendation fund
of reformatory inmates.
4. Reformatory
inmates are entitled to days off being Saturdays, Sundays and public holidays
as specified by law.
5. The
Government shall elaborate this Article.
Article 101.
Cultural, artistic, entertainment and recreational activities
1. After
learning, vocational training or laboring hours, reformatory inmates may
participate in cultural activities, art performances, sports and physical
exercise, read books and newspapers, watch television and other recreational
activities organized by reformatory.
2. Outside
the time spent participating in educational activities, studying, working, and
communal activities, students practicing religion are allowed to use published
scriptures in printed form that are distributed legally and manifest their
faith of religion or folk belief as stipulated by the law on religion or folk
belief.
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4. The
Government shall elaborate this Article.
Article 102.
Examination, assessment and grading of reformatory inmates and organization of
exams
1. Reformatories
shall organize examination, assessment and grading of their reformatory inmates
and organize term, year-end and grade exams, exams for selection of excellent
reformatory inmates or other exams.
2. Grade
books, academic transcripts, dossiers and forms relevant to the learning of
reformatory inmates shall be made according to forms uniformly set by the
Ministry of Education and Training.
3. The
Department of Education and Training where the reformatory school is located
shall issue cultural education certificates; vocational education institutions
shall issue vocational training certificates for reformatory inmates.
4. The
Government shall elaborate this Article.
Article 103.
Meals and clothing of reformatory inmates
1. Reformatory
inmates are entitled to standard rations of rice, vegetable, meat, fish, egg,
sugar, fish sauce, cooking oil, monosodium glutamate, salt, fuel and some other
necessary goods.
On public holidays and the Tet
holiday, reformatory inmates shall be provided with higher food rations not
exceeding five times the normal daily one.
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2. Annually,
reformatory inmates shall be provided with clothing and other items for
daily-life use; female reformatory inmates will be provided with additional
items necessary for their personal hygiene. Reformatory
inmates participating in labor and vocational training are provided with
additional clothing and protective equipment.
3. The
Government shall elaborate this Article.
Article 104.
Lodging conditions and daily-life items of reformatory inmates
1. Depending
on the gender, age, personal characteristics, nature and severity of offense of
each reformatory inmate, the reformatory shall arrange a suitable lodging place
for him/her in a communal room.
2. Reformatory
inmates shall be provided with mats, curtains, pillows, blankets and may use
their personal items in daily life activities, except those prohibited in the
reformatory..Items necessary for daily life activities of reformatory inmates
shall be lent or provided by the reformatory.
3. The
Government shall elaborate this Article.
Article 105.
Healthcare for reformatory inmates
1. Reformatory
inmates shall be given periodical health checks. Sick, diseased or injured
reformatory inmates shall be treated in medical facilities of reformatories.
For reformatory inmates whose illness, diseases or injuries are beyond the
treatment capacity of their reformatories, their principals shall decide to
send them to a state medical establishment. Medical
examination and treatment cost shall be covered by reformatories.
If there is a medical establishment
that is capable of treating students and voluntarily provides free medical
examination and treatment, the Principal of the reformatory shall make the
decision.
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3. The
Government shall elaborate this Article.
Article 106.
Handling of cases in which reformatory inmates die
1. In
case a reformatory inmate dies, the principal of his/her reformatory shall
promptly notify such to the district-level Investigation Authority and
Procuracy of the place where the reformatory inmate dies for identifying the
causes of the death and concurrently notify such to his/her relatives.
2. After
obtaining permission of the Investigation Authority and Procuracy for burial,
the reformatory shall organize the burial and report such to the criminal
judgment execution management agency of the Ministry of Public Security for
notification to the court that issued the decision on applying educational
measure at reformatory. Burial costs shall be covered
by the state budget. In case the relatives of
the deceased have a request to receive the corpse, ashes or remains for burial
and bear the costs themselves, the corpse of the deceased shall be handed over
to their relatives. The burial shall be held
in a way that ensures security and order and environment hygiene.
3. The
Government shall elaborate this Article.
Article 107.
Visits, correspondence and receipt of money, items and personal possessions of
reformatory inmates
1. Reformatory
inmates may meet their relatives at places of reception in their reform schools
and strictly comply with regulations on visits.
2. Reformatory
inmates may contact their relatives within the country by phone or via video
call using electronic devices, under the supervision of teachers of the
reformatory school and at their own expense.
3. Reformatory
inmates may send and receive letters, presents, objects, except liquor, beer,
cigarettes, other stimulants and prohibited articles and materials. Reform schools shall check letters and presents
before they are sent or received by reformatory inmates.. Reformatory inmates shall deposit their money or
valuable papers at their reform schools for management and use under
regulations of the reform school
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Article 108.
Handling of cases of students in mourning
1. When
there is a family funeral of: father, mother,
biological child, direct caregiver and there is a guarantee application from
relatives confirmed by the commune-level People's Committee where the student
resides, the Principal of the reformatory may consider allowing the student to
return home for no more than 05 days, excluding travel time. The period of returning home shall be included in
the period of serving educational measures at reformatory.
2. When
allowing inmates to return home, relatives' representatives shall come to pick
up the students and write a commitment to manage the students during the time
they are at home and ensure that the students shall return to the reformatory
within the specified time limit.
3. After
the time allowed returning home ends, the inmate must voluntarily return to the
reformatory to continue implementing the measure. If not, the Principal of the
reformatory school will bring them back; if the inmate escapes, the Principal
of the reformatory will issue a pursuit decision.
Article 109.
Emulation classification of reformatory inmates
1. Emulation
classification of reformatory inmates includes 4 categories: excellent, good,
average, poor.
2. Reformatory
must classify students’ emulation by month, quarter, year.
3. The
Government shall elaborate this Article.
Article 110.
Early termination of serving educational measures at reformatory
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a) Actively studying and making
progress;
b) Having made achievements.
2. The
principal of the reform school shall prepare and submit an application to the
regional People's Court where the reform school is located for review and
decision on early termination of educational measure at reformatory. The application must include:
a) An application of the
reformatory inmate;
b) Written request of the reform
school;
c) A copy of the decision on
applying educational measures at reformatory;
d) Emulation classification result;
dd) A written comment on active
studying and making progress or a document or material showing the student's
achievements confirmed by a competent authority;
e) Other relevant documents.
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4. Decisions
on early termination of serving educational measures at reformatory shall come
into force from the date on which it is signed and not be subject to complaint
or petition. This decision must be immediately
sent to the inmate, their representative, the reformatory, the Court that
issued the decision on applying educational measures at reformatory, the
Procuracy at the same level, and the criminal judgment execution management
agency of the Ministry of Public Security.
5. Immediately
after receiving the decision, the Principal of the reform school must announce
and carry out the procedures for discharging the reformatory inmate.
Article 111.
Commendation and handling of violations of reformatory inmates
1. Reformatory
inmates who have strictly observed the law and internal regulations of
reformatories, with good or better learning results or merits, are entitled to
the following forms of commendation under decisions of principals:
a) Commending, awarding
certificates of merit, giving gifts;
b) Participating in field trips
organized by the reform school;
c) Being entitled to family
reunions at the school for a day;
d) Increasing the frequency of communication
via telephone or video calls using electronic means with relatives within the
country.
2. Reformatory
inmates who violate academic or labor discipline or engage in other behaviors
that breach the internal regulations of the reform school may be dealt with by
the Principal of the reformatory school based on the nature and severity of the
violation through one of the following measures:
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b) Criticism;
c) Suspension of some recreational
activities for no more than 03 days.
3. The
commendation decision or decision on handling violations shall be recorded in
the student's dossier.
4. The
Government shall elaborate this Article.
Article 112.
Procedures for discharging reformatory inmates
1. Two
months before the end of the term of serving educational at reformatory or
immediately after receiving the decision on early termination of serving
educational measures at reformatory, the principal of the reform school shall
notify in writing the commune-level People's Committee where the reformatory
inmate will come to reside and his/her family of the date of discharge.
In case a reformatory inmate under
18 years of age completes the educational measure at reformatory but his/her
parents and guardians are unknown, the reformatory shall contact the
commune-level People's Committee where the school is located to request
assistance, arrange accommodation, employment, and education; in case the
commune-level People's Committee is unable to arrange accommodation for the
inmate, the reformatory shall prepare a dossier on sending to a social
protection facility in the local area where the reformatory is located.
2. On
the last day of the term of educational measure at reformatory, the principal
shall organize health check-up, issue a certificate of complete serving of the
measure for the discharged reformatory inmate and send it to the criminal
judgment execution management agency of the Ministry of Public Security, the
court that issued the decision on applying educational measure at reformatory
and the commune-level People's Committee of the place in which such reformatory
inmate will come to reside.
3. Upon
graduation, the inmate will receive their money, valuable papers, assets and
belongings previously deposited at the reformatory, certificates of cultural
education and vocational training issued during the time of serving educational
measures at the reformatory; will be provided with travel fare and meal
allowance for their return to their places of residence and 01 set of clothes. For a reformatory inmate who has made no
considerable improvement by the expiration of the term of the educational
measure at reformatory, the principal shall make a separate assessment and
propose subsequent educational measures to be applied by the commune-level
People's Committee and the criminal judgment execution agency of the
district-level police where such person will come to reside.
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5. Within
10 days after the date of discharge, the reformatory inmate who has completely
served their measure shall report him/herself to the commune-level People's
Committee where he/she comes to reside.
6. The
Government shall elaborate this Article.
Article 113.
Supervision of enforcement of educational measures at reformatory
1. When
over sighting the execution of educational measures at the reformatory, the
Procuracy has the following tasks and powers:
a) Request the criminal judgment
execution agency of the provincial police where the person serving educational
measure at reformatory resides, the reformatory shall self-inspect the
execution of educational measures at reformatory and notify the Procuracy of
the results; request the provision of dossiers and documents related to the
execution;
b) Directly supervise the execution
of educational measures at reformatory by the criminal judgment execution
agency of the district-level police, the reformatory; supervise the dossiers on
execution of educational measures at reformatory;
c) Request the criminal execution
agency of the district-level police or reformatory to prepare and submit an
application to the competent Court for review and decision on postponement,
suspension, or early termination of execution of educational measures at
reformatory, or an application to the criminal execution agency of the
provincial police or reformatory school to notify the competent Court to
suspend the execution of the decision on applying educational measures at
reformatory;
d) File petitions to the Court upon
discovering violations related to the performance of tasks and powers of the
Court during the execution of educational measures at reformatory;
dd) Protest, file petitions and
request the criminal judgment execution agencies of the provincial police or
reformatory upon discovering violations during the execution of educational
measures at reformatory; request termination of the execution, amendment or
annulment of unlawful decisions in execution of educational measures at
reformatory; terminate illegal acts;
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g) Institute lawsuits or request
Investigation Authorities to institute criminal lawsuits upon detecting signs
of crime in the execution of educational measures at reformatory in accordance
with law;
h) Perform other tasks, powers in
execution of educational measures at the reformatory.
2. The Procuracy shall directing oversight handling of
complaints and denunciations by Courts, the criminal judgment execution
management agencies, and the criminal judgment execution agencies.
When over sighting the handling of
complaints and denunciations in the execution of educational measures at
reformatory, the Procuracy has the right to request the competent Court, the
criminal judgment execution management agency, and the criminal judgment
execution agency to: issue documents to
resolve complaints and denunciations; inspect the handling of complaints and
denunciations within its jurisdiction and of lower levels; notify the Procuracy
of the results of the settlement; provide dossiers and documents related to the
settlement of complaints and denunciations to the Procuracy.
3. The
responsibility for handling requests, proposals, appeals and petitions of the
Procuracy on the execution of educational measures at reformatory is prescribed
as follows:
a) Regarding the requests
stipulated in point a of clause 1 of this Article, the criminal judgment
execution agency of a provincial police, the reformatory, within 30 days from
the date of receiving the request, must handle them. For cases requiring
dossier preparation as prescribed in clause 3 of Article 94 of this Law, they
must request the provision of dossiers, documents related to the execution of
the judgment, and handle the requests immediately;
b) Regarding the proposals,
petitions, and requests stipulated in points c, d, and dd of clause 1 of this
Article, the criminal judgment execution agency of a provincial police, the
reformatory, must respond in writing within 15 days from the date of receiving
proposals, petitions, and requests;
c) Regarding the appeals stipulated
in point dd of clause 1 of this Article, the criminal judgment execution agency
of a provincial police, the reformatory, must respond in writing within 15 days
from the date of receiving appeals; if they do not agree with the appeal, these
agencies have the right to appeal to the immediate superior Procuracy; the
immediate superior Procuracy must resolve the appeal within 15 days from the
date of receipt of the appeal. The decision of
the immediate superior Procuracy must be enforced.
Article 114.
Complaints and denunciations in execution of educational measures at
reformatory
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2. The
Minister of Public Security shall take charge and cooperate with the Chief
Justice of the Supreme People's Court and the Prosecutor General of the Supreme
People's Procuracy in elaborating this Article.
Part three
PENALTIES AND PROCEEDINGS IN RESPECT TO JUVENILES
Chapter VI
PENALTIES
Section 1.
PENALTIES
Article 115.
Penalties for juvenile delinquents
A juvenile delinquents shall only
be subject to one of the following penalties for each crime:
1. Warning
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3. Community
sentence;
4. Definite
term imprisonment.
Article 116.
Warning
Warning is applied to persons from
16 to under 18 years of age who commit serious crimes unintentionally or less
serious crimes with mitigating factors, but not to the extent of being exempt
from punishment.
Article 117.
Fines
1. Fines
shall be imposed on juvenile delinquents if they have income or private
property.
2. The
fine imposed on person from 16 to under 18 years of age who commit crimes shall
not exceed one-half of the fine prescribed by the Criminal Code.
3. The
fine imposed on person from 14 to under 16 years of age who commit crimes shall
not exceed one-third of the fine prescribed by the Criminal Code.
Article 118.
Community sentence
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2. When
applying community sentence on juvenile delinquents, their income shall not be
deducted.
3. The
duration of community sentence for juvenile delinquents shall not exceed
one-half of the duration prescribed by the Criminal Code.
Article 119.
Definite imprisonment
The term of imprisonment applicable
to juvenile delinquents is prescribed as follows:
1. For
persons from 16 to under 18 years of age when committing crimes, if the
indefinite imprisonment or death sentence is imposed on the crimes they
committed in accordance with the Criminal Code, the highest penalty applied
shall not exceed 15 years of imprisonment; if a definite imprisonment is
imposed on the crimes they committed, the highest penalty applied shall not
exceed three-fifths of the duration of imprisonment prescribed by the Criminal
Code, except for the case prescribed in Clause 2 of this Article;
2. For
persons from 16 to under 18 years of age when committing the following crimes,
if the indefinite imprisonment or death sentence is imposed on the crimes they
committed in accordance with the Criminal Code, the highest penalty applied
shall not exceed 15 years of imprisonment; if a definite imprisonment is
imposed on the crimes they committed, the highest penalty applied shall not
exceed three-fourths of the duration of imprisonment prescribed by the Criminal
Code:
a) Murder;
b) Rape
Rape of a person under 16 years of
age;
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dd) Illegal manufacturing of
narcotic substances;
3. For
persons from 14 to under 16 years of age when committing crimes, if the
indefinite imprisonment or death sentence is imposed on the crimes they
committed in accordance with the Criminal Code, the highest penalty applied
shall not exceed 09 years of imprisonment; if a definite imprisonment is
imposed on the crimes they committed, the highest penalty applied shall not
exceed two-fifths of the duration of imprisonment prescribed by the Criminal
Code, except for the case prescribed in Clause 4 of this Article;
4. For
persons from 14 to under 16 years of age when committing the following crimes,
if the indefinite imprisonment or death sentence is imposed on the crimes they
committed in accordance with the Criminal Code, the highest penalty applied
shall not exceed 18 years of imprisonment; if a definite imprisonment is
imposed on the crimes they committed, the highest penalty applied shall not
exceed half of the duration of imprisonment prescribed by the Criminal Code:
a) Murder;
b) Rape
Rape of a person under 16 years of
age;
Non-consensual intercourse with a
person from 13 to under 16 years of age;
dd) Illegal manufacturing of
narcotic substances;
Section 2.
SENTENCE DECISION, COMBINED DECISION, SENTENCE EXEMPTION OR REDUCTION,
CONVICTION EXPUNGEMENT
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1. The
court shall decide on the sentence for juveniles in cases of preparation for
crimes, attempts to commit a crime as specified in Criminal Code on
corresponding crimes hereof and vary according to their nature, danger to
society, progress of the crime and other factors that prevent the crime from
being committed to the end.
2. The
highest sentence imposed on a person from 14 to under 16 years of age preparing
to commit a crime shall not exceed one-third of the sentence prescribed in the
bracket for the act of preparing to commit a crime in the applicable article of
the Criminal Code.
The highest sentence imposed on a
person from 16 to under 18 years of age preparing to commit a crime shall not
exceed half of the sentence prescribed in the bracket for the act of preparing
to commit a crime in the applicable article of the Criminal Code.
3. The
highest sentence imposed on persons from 14 to under 16 years of age who commit
crimes shall not exceed one-third of the sentence prescribed by Articles 117,
118, and 119 of the Criminal Code.
The highest sentence imposed on
persons from 16 to under 18 years of age who commit crimes shall not exceed
half of the sentence prescribed by Articles 117, 118, and 119 of the Criminal
Code.
Article 121.
Combination of sentences of multiple crimes
1. When
a juvenile delinquent is tried for multiple crimes, the Court shall decide the
sentence for each of them and combined sentence in accordance with the Criminal
Code.
If the combined sentence is a
community sentence, it shall not exceed 3 years of community sentence.
If the combined sentence is a
definite imprisonment, it shall not exceed 18 years of imprisonment for
offenders from 16 to under 18 years of age and 12 years for offenders from 16
to under 18 years of age.
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3. For
persons who commit multiple crimes, some of which are committed before they
turn 16 and some of which are committed after they turn 16, the combined sentence
shall be applied as for offenders who are 18 years of age or older.
Article 122.
Combination of sentences of multiple judgments
The combination of sentence in
cases where a person who is serving a sentence is tried for a crime committed
before such sentence is imposed, shall follow the Criminal Code.
In case a person has to serve
multiple sentences that are not combined, the combination shall follow the
Criminal Code.
For juvenile who commit multiple
crimes, some of which are committed before they turn 16, some of which are
committed after they turn 16, the combined sentence shall not exceed the
highest sentence for persons from 16 to under 18 years of age as prescribed in
Clause 1 of this Article.
Article 123.
Commutation of sentence
1. A
juvenile delinquent subject to a community sentence or imprisonment, if he/she
has made progress and has served one-fourth of the term, shall be considered
for a commutation by the Court; for imprisonment, each time the sentence may be
reduced by four years, but he/she must serve at least two-fifths of the
sentence.
2. A
juvenile delinquent subject to a community sentence or imprisonment, if he/she
has made merits or is suffering from serious illness, shall immediately be
considered for sentence commutation and may be exempted from serving the
remaining part of the sentence.
3. A
juvenile delinquent who is fined but falls into a particularly disadvantaged
economic situation for a long time due to a natural disaster, fire, accident,
or illness or has made merits, the Court may decide on commutation or exemption
from the remaining part of the fine upon the request of the Director of the
Procuracy.
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Where a person is sentenced to
imprisonment of up to 03 years, in consideration of the juvenile's records and
mitigating factors, the Court might give a suspended sentence with a probation
period of 01 - 03 years and request the convict to fulfill certain obligations
during this period in accordance with the Law on criminal judgment enforcement
if imprisonment is deem unnecessary.
Article 125.
Commutation of sentence
A juvenile delinquents sentenced to
imprisonment shall be eligible for suspended sentence In one of the following
cases:
1. Cases
eligible for suspended sentence in accordance with the Criminal Code;
2. In
case the juvenile sentenced to imprisonment has registered and is eligible to
participate in or is participating in the lower secondary school graduation
exam, high school graduation exam, or graduation exam in vocational education
institutions confirmed by the educational institution or vocational education
institution where he/she studies, his/her sentence may be postponed until the
exam is completed.
Article 126.
Parole
1. Juvenile
delinquents sentenced to imprisonment shall be eligible for a parole in one of
the following cases:
a) Have made considerable progress
and great rehabilitation;
b) Have serve one-thirds of the
imprisonment;
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2. The
juvenile delinquent shall be eligible for to be considered for a parole
immediately when all the conditions specified in Clause 1 of this Article are
met.
The competent criminal judgment
enforcement agency must prepare an application for parole and take
responsibility for the accuracy and legality of the application.
3. Upon
request by the competent criminal judgment enforcement agency, the court shall
decide to grant a parole to the convict. The
person eligible for a parole must fulfill the obligations during the probation
period. The probation period is equal to the
remaining time of the imprisonment.
4. If
the person on parole breach his/her obligations multiple times or is
administratively sanctioned multiple times during the probation period, the
Court may cancel the parole decision and force him/her to serve the remaining
part of imprisonment.
If that person commits a new crime
during the probation period, the Court shall force him/her to serve a new
combined sentence including the unserved imprisonment as prescribed in Article
122 of this Law.-
5. If
the person on parole has served at least half of the probation period and has
made significant progress, the Court may, upon the request of the competent
criminal judgment enforcement agency, shorten the probation period.
Article 127.
Conviction expungement
1. A
juvenile convict shall be considered not having convictions if he/she falls in
one of the following cases:
a) Persons from 14 to 16 years of
age;
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2. from
16 to 18 years of age who are convicted of intentional less serious crimes,
serious crimes, or very serious crimes shall have his/her convictions
automatically expunged if, from the time of completing the sentence or the end
of the probation period or the end of the statute of limitations for the
sentence execution, that person does not commit a new crime in:
a) 03 months in case of subject to
warning, fine, community sentence or imprisonment but entitled to parole;
b) 06 months for cases subject to 5
years of imprisonment;
c) 01 year for cases subject to 5
to 15 years of imprisonment;
d) 02 years for cases subject to
more than 15 years of imprisonment;
Chapter VII
PROCEEDINGS FOR JUVENILES WHO ARE PERSONS FACING
DENUNCIATION OR REQUISITIONS FOR CHARGES, PERSONS HELD IN EMERGENCY CUSTODY,
PERSONS FACING CHARGES
Section 1.
GENERAL PROVISIONS
Article 128.
Issues to be determined when conducting proceedings for accused juveniles
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2. Living
and educational conditions.
3. Whether
or not there was an adult who instigated the crime.
4. Causes,
conditions, and circumstances of the crime.
Article 129.
Time limits for investigation, decisions on prosecution, preparation for
adjudication in the first instance/second instance
1. Time
limits for investigation, decisions on prosecution, preparation for
adjudication in the first instance/second instance for cases involving accused
juveniles shall not exceed half of the time limits prescribed by Criminal
Procedure Code.
For particularly complex cases or
during the prosecution and adjudication in the first instance, the Procuracy
and the Court shall issue a notification on applying diversion procedure, then
the corresponding regulations on the time limits for investigation, decisions
on prosecution, preparation for adjudication in the first instance/second
instance as prescribed in the Criminal Procedure Code shall apply.
2. The
Prosecutor General of the Supreme People's Procuracy shall take charge and
cooperate with the Chief Justice of the Supreme People's Court, the Minister of
Public Security, and the Minister of National Defense, shall elaborate this
Article.
Article 130.
Defense
1. Accused
juveniles have the right to defend himself or herself or to have someone else
defend him or her.
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3. If
the accused juvenile does not agree with the defense counsel selected by the
representative, the choice must be made according to the opinion of the accused
juvenile.
4. If
the accused juvenile does not hire a defense counsel or his or her
representative does not select a defense counsel, the competent procedural
agency must appoint a defense counsel in accordance with the Criminal Procedure
Code. If the accused juvenile does not hire a
defense counsel or his or her representative does not select a defense counsel,
the competent procedural agency must appoint a defense counsel in accordance
with the Criminal Procedure Code.
Article 131.
Notification of procedural activities
1. Before
the legal proceedings, the competent procedural agency, person must notify in
advance, within a reasonable time, the representative, the defense counsel, the
person protecting the lawful rights and interests of the juvenile who is person
facing denunciation or requisition for charge, person held in emergency
custody, person facing charge of the time and place of conducting the legal
proceedings in which they have the right to participate in accordance with this
Law and the Criminal Procedure Code.
2. The
notification must be in writing, clearly stating the full name, address, and phone
number of the person issuing the notification and the person being notified. In cases where it is necessary to ensure the timely
presence of the representative, defense counsel, or person protecting lawful
rights and interests of the juvenile who is person facing denunciation or
requisition for charge, person held in emergency custody, person facing charge,
the competent procedural agency, person may notify directly, by telephone or
other electronic means, but must immediately send a written notice afterwards.
3. The
representative, defense counsel, or person protecting lawful rights and
interests of the juvenile who is person facing denunciation or requisition for
charge, person held in emergency custody, person facing charge, upon receiving
the notification, must promptly inform the competent procedural agency, person
of their presence and participation in the legal proceedings.
4. Notification
of other procedural activities shall be carried out in accordance with the
Criminal Procedure Code.
Article 132.
Representatives’ participation in legal proceedings
1. The
representative of the juvenile who is the person facing denunciation or
requisition for charge, the person held in emergency custody, or the person
facing charge shall have the right and obligation to participate in legal
proceedings
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a) This person's participation will
have a negative impact on the psychology of the juvenile, affecting the
determination of the truth of the case;
b) This person's behavior is the
direct cause of the crime of the juvenile.
3. The
representative of the juvenile who is the person facing denunciation or
requisition for charge, the person held in emergency custody, or the person
facing charge are allowed to participate in taking testimonies, interrogating,
confronting, searching body, inspecting traces across the body of the juvenile,
participating in the identification, voice recognition and other procedural
activities of the juvenile as prescribed by this Law and the Criminal Procedure
Code; presenting evidence, documents, objects, requests, complaints,
denunciations; reading, recording, photocopying documents related to the
accusation of the juvenile in the case file after the investigation is
completed.
4. The
representative of the juvenile who is the defendant, when participating in the
trial has the right to present evidence, documents, objects, requests and
proposals to change the presiding officers; express opinions, debate; complain
about the procedural acts of those with authority to institute proceedings and
the decisions of the Court.
5. Immediately
after admitting a case, the competent procedural agency must notify in writing
the representative of the juvenile who is the person facing denunciation or
requisition for charge, the person held in emergency custody, or the person
facing charge to participate in the proceedings; if necessary, the notification
may be made directly, by phone or other electronic means, but a written one
must be sent immediately afterwards.
6. The
representative must be present at the time and place stated in the
notification.
Article 133.
Organizations’ participation in legal proceedings
1. Representatives
of educational institutions, vocational training institutions, the Vietnam
Women's Union, the Ho Chi Minh Communist Youth Union, and other organizations
where juveniles study, work, and live have the right and obligation to
participate in the legal proceedings in accordance with the decision of the
competent procedural agency.
2. The
persons specified in Clause 1 of this Article, when participating in the trial,
have the right to present evidence, documents, objects, requests; express
opinions, and debate.
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1. Information
related to crimes of juveniles shall not be made public, except in cases where
the person is under a pursuit warrant of a competent authority.
2. Documents,
evidence, and information related to the personal identity and crimes of juveniles
shall only be used for the settlement of the case and shall be strictly
prohibited from being used for other purposes.
3. In
special cases where it is necessary to protect juveniles, the Court may conduct
a secret adjudication but must publicly announce the decision of the judgment.
Section 2.
PREVENTIVE MEASURES, COERCIVE MEASURES
Article 135.
Preventive measures, coercive measures
1. Preventive
measures applying to juveniles include:
a) Emergency custody;
b) Arrest for cases specified in
the Criminal Procedure Code;
c) Temporary detainment;
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dd) Electronic monitoring (EM);
e) Being put under supervision of
the representative;
g) Bail;
h) Surety;
i) Residential confinement;
k) Exit restriction.
2. Coercive
measures applying to juveniles include:
a) Coercive delivery and forced
escort
b) Distrainment of property;
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3. After
emergency custody, arrest, temporary detainment or detention, persons issuing
detainment order or custodial orders against juveniles inform in writing the
juveniles’ families, the commune-level People's Committees where they reside or
agencies, organizations where they work or study; if necessary, the
notification may be made directly, by phone or other electronic means, but a
written one must be sent immediately afterwards.
Within 12 hours from the time
receiving juveniles who are detainees, arrestees, investigation authorities
receiving detainees, arrestees must inform their families, the commune-level
People's Committees where they reside or agencies, organizations where they
work or study; if the detainees, arrestees are foreigners, Vietnamese
diplomatic authorities must be informed to deliver notices to diplomatic
missions of countries whose citizens are detained or arrested.
If such notice obstructs the
pursuit of suspects or investigative activities, investigation authorities
receiving detainees and arrestees shall release notices after such obstructions
suspend to exist.
Article 136.
Emergency custody
1. Persons
14 to under 16 years of age may be held in emergency custody for crimes for
which they are criminally liable under the Criminal Code if they fall under the
cases subject to emergency custody as prescribed in the Criminal Procedure
Code.
2. Persons
16 to under 18 years of age may be held in emergency custody for intentional
serious crimes, very serious crimes, extremely serious crimes for which they
are criminally liable under the Criminal Code if they fall under the cases
subject to emergency custody as prescribed in the Criminal Procedure Code.
Article 137.
Temporary detainment
1. Persons
14 to under 16 years of age may keep in Temporary detainment for crimes for
which they are criminally liable under the Criminal Code if they fall under the
cases subject to Temporary detainment as prescribed in the Criminal Procedure
Code.
2. Persons
16 to under 18 years of age may be temporarily detained for intentional serious
crimes, very serious crimes, extremely serious crimes for which they are
criminally liable under the Criminal Code if they fall under the cases subject
to Temporary detainment as prescribed in the Criminal Procedure Code.
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3. The
duration of temporary detainment must not exceed 3 days from the time the
Investigation Authority or the agency assigned to conduct certain investigation
activities receives the detainee or arrestee or escorts the detainee or
arrestee to its headquarters or from the time the Investigation Authority make
an order to temporarily detain the offender who turns themselves in. If
necessary, the person making the order of temporary detainment may extend the detainment
duration once but not more than 03 days.
Within 12 hours of receiving the
application for an extension of temporary detainment, the Procuracy at the same
level or the competent Procuracy must issue a decision to approve or not
approve.
Article 138.
Detention
1. Detention
may be applied to juveniles who are suspects or defendants from 14 to under 16
years of age for extremely serious crimes as prescribed by the Criminal Code
when there are grounds to determine that that person falls into one of the
following cases:
a) Other preventive measures have
been applied, but the offender still continues to violate the law;
c) He/she does not have a clear
place of residence;
c) He/she escapes and gets caught
under a pursuit warrant;
d) He/she continues to commit
crimes or there is reason to believe that this person is searching for,
preparing tools, means or creating other conditions to continue committing
crimes;
dd) He/she destroys or forges
evidence, documents, or objects of the case; threatens, repress or take revenge
on witness testifiers, crime victims, denouncers and their kin.
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a) Other preventive measures have
been applied, but the offender still continues to violate the law;
c) He/she does not have a clear
place of residence;
c) He/she escapes and gets caught
under a pursuit warrant;
d) He/she continues to commit
crime;
d) He/she destroys or forges
evidence, documents, or objects of the case; threatens, repress or take revenge
on witness testifiers, crime victims, denouncers and their kin.
3. Detention
may be applied to juveniles who are suspects or defendants from 16 to under 18
years of age for intentional serious crimes, very serious crimes, extremely
serious crimes as prescribed by the Criminal Code when there are grounds to
determine that that person falls into one of the following cases:
a) Other preventive measures have
been applied, but the offender still continues to violate the law;
c) He/she does not have a clear
place of residence;
c) He/she escapes and gets caught
under a pursuit warrant, or there are grounds proving that he/she will escape;
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dd) He/she bribes, coerces, or
incites other individuals to give false statements or documents; destroys or
forges evidence, documents, or objects of the case; threatens, represses, or
takes revenge on witness testifiers, crime victims, denouncers, and their kin.
4. Detention
may be imposed on persons 16 to under 18 years of age for unintentional serious
crimes or less serious crimes if they continue to commit more crimes or escape
and get caught under pursuit warrants.
5. The
detention period for juveniles who are suspects or defendants shall not exceed
half of the corresponding detention period prescribed in the Criminal Procedure
Code, except in the case prescribed in Clause 8 of Article 151 of this Law. When there are no longer grounds for applying
detention, the competent procedural agency or person must promptly cancel or
replace the measure with another preventive measure.
6. If
the juveniles who are suspects or defendants are detained and there are
notifications of the application of the diversion procedure, presiding
authorities shall consider continuing the detention or canceling it and
replacing it with another preventive measure.
7. The
Prosecutor General of the Supreme People's Procuracy shall take charge and
cooperate with the Chief Justice of the Supreme People's Court, the Minister of
Public Security, and the Minister of National Defense, shall elaborate clause 5
of this Article.
Article 139.
Electronic monitoring - EM
1. EM
is a alternative preventive measure to detention. Based
on the nature, level of danger to society of the behavior and personal identity
of the juvenile who is a suspect or defendant, the Investigation Authority, the
Procuracy, or the Court may decide to allow them to be electronically
monitored.
2. The
suspect or defendant under EM must make a written commitment to perform the
following obligations:
a) Not to leave the supervision
area, except in cases specified in Clause 5 of this Article;
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c) Not escaping or continuing to
commit crimes;
a) Not committing acts of bribing,
coercing or inciting other individuals to give false statements or documents,
destroying or forging case evidences, documents and item, shifting property
related to the case away, threatening, repressing or avenging witness
testifiers, crime victims, denouncers and their kin;
dd) Not removing or destroying
electronic monitoring devices or disrupt the operation of electronic monitoring
devices.
3. The
Head and Deputy Head of the Investigation Authority, the Director and Deputy
Director of the Procuracy, the Chief Justice and Deputy Chief Justice of the
Court, the Judge presiding over the trial, and the Trial Panel have the right
to issue decisions on electronic monitoring of minors who are suspects or
defendants and must clearly state the scope of monitoring. The decision of the
Head and Deputy Head of the Investigation Authority must be approved by the
competent Procuracy before enforcement.
4. The
period of electronic monitoring shall not exceed the time limit for
investigation, decisions on prosecution, preparation for trial in the first
instance/second instance as prescribed in this Law. The period of electronic
monitoring for a person sentenced to imprisonment shall not exceed the time limit
from the date of sentencing until the time the person goes to serve
imprisonment.
5. The
person who issues the decision on applying electronic monitoring must
immediately send this decision to the juvenile who is the suspect, the
defendant, and their representative; immediately notify the People's Committee
of the commune where the juvenile resides and hand over the juvenile to the
People's Committee of that commune for enforcement.
If the juvenile who is the suspect,
the defendant must temporarily leave the area of monitoring due to force
majeure or objective obstacles, the consent of the People's Committee of the
commune where the person resides and a permit from the person who issued the
decision on applying electronic monitoring must be obtained; The permit must be
sent to the People's Committee of the commune where the person resides.
6. If
the suspects and defendants violate duties guaranteed in clause 2 of this
Article, they shall be detained. People's
Committees of communes where the suspects and defendants reside must inform the
authorities issuing Decision on applying electronic monitoring about the
violations to handle them within their jurisdiction.
7. Cancellation
or replacement of electronic monitoring shall comply with the regulations on
cancellation or replacement of preventive measures of this Law and the Criminal
Procedure Code.
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Article 140.
Being put under supervision of the representative
1. Measures
of being put under the supervision of the representative shall apply to
juveniles who are suspects or defendants to ensure that they are present upon
being summoned by Investigation authorities, Procuracies, Courts.
2. The
suspect or defendant under supervision of the representative must make a written
commitment to perform the following obligations:
a) Being present upon summons,
except in cases of force majeure or objective obstacles;
b) Not escaping or continuing to
commit crimes;
c) Not committing acts of bribing,
coercing or inciting other individuals to give false statements or documents,
destroying or forging case evidences, documents and item, shifting property
related to the case away, threatening, repressing or avenging witness
testifiers, crime victims, denouncers and their kin;
3. The
Head and Deputy Head of the Investigation Authority, the Director and Deputy
Director of the Procuracy, the Chief Justice and Deputy Chief Justice of the
Court, the Judge presiding over the trial, and the Trial Panel have the right
to issue decisions on measures of being put under the supervision of the
representative and handle over the juveniles who are suspects, defendants to
their representatives for supervision.
The representative assigned to
supervise has the obligation to closely supervise the juvenile and his/her
conduct, morality and education.
In case the representative is not
able to continue performing the assigned tasks or fails to complete the
assigned tasks, the competent person specified in this clause shall decide to
change the representative.
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5. The
person who issues the decision on applying the measure of being put under
supervision must immediately send this decision to the juvenile, who is the
suspect, the defendant, and their representative; immediately notify the
People's Committee of the commune where the juvenile resides for management and
supervision of the juvenile.
If the juvenile who is the suspect
or defendant must temporarily leave the place of residence due to force majeure
or objective obstacles, the consent of the People's Committee of the commune
where the person resides and a permit from the person who issued the decision
on applying the measure of being put under supervision must be obtained. The permit must be sent to the People's Committee
of the commune where the person resides.
6. If
the suspects and defendants violate duties guaranteed in clause 2 of this
Article, they may be detained. The
representative assigned to supervise must promptly inform the People's
Committee at the commune level of the violation and cooperate with competent
authorities to take timely measures to prevent and handle it. People's Committees of communes where juveniles who
are suspects and defendants reside must inform the authorities issuing Decision
on applying the measure of being put under supervision about the violations to
handle them within their jurisdiction.
7. Cancellation
or replacement of measures of being put under supervision shall comply with the
regulations on cancellation or replacement of preventive measures of this Law
and the Criminal Procedure Code.
Article 141. Coercive
delivery and forced escort
1. Coercive
delivery and forced escort shall be imposed on juveniles in one of the
following cases:
a) Juveniles who are suspects or
defendants that have been summoned for the second time but are intentionally
absent not due to a force majeure reason or an objective obstacle;
b) Juvenile whose are persons held
in emergency custody, suspects and defendants being detained from the place of
detention, temporary detainment to the location of investigation, prosecution
and trial of the case.
2. Forced
escort shall only apply on juveniles who are persons facing denunciation or
requisitions for charges and through examination and verification there are
enough grounds to determine that they are involved in a crime for which the case
is prosecuted, has been summoned but is still absent without force majeure or
objective obstacles.
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Section 3.
PROCEDURES FOR FILING OF CHARGES, INVESTIGATION, PROSECUTION
Article 142.
Lodging and processing of criminal information, filing of charges,
investigation, prosecution
1. All
activities of lodging and processing of criminal information, filing of
charges, investigation of cases involving juveniles who are persons facing
denunciation or requisitions for charges, persons held in emergency custody,
persons facing charges must be conducted in an environment that is favorable
for ensuring the safety of their lives, health, personal privacy, honor,
dignity, and other lawful rights and interests.
2. Friendly
legal proceedings must be applied to juveniles who are persons facing
denunciation or requisitions for charges, persons held in emergency custody,
persons facing charges right from the stage of prosecution.
3. When
conducting proceedings against juveniles who are persons facing denunciation or
requisitions for charges, persons held in emergency custody, persons facing
charges, persons authorized to conduct proceedings must have a friendly
attitude and use easy-to-understand language that is appropriate to their age,
gender, cognitive ability, and maturity level.
4. In
case the agency assigned to conduct some investigation admits a case involving
a juvenile who is a person facing charges, it must request the competent
Procuracy to issue a decision to transfer the entire case to the competent
Investigation authority.
4a. Where an Intermediate
Investigator or Senior Investigator is the Chief or Deputy Chief of
commune-level Police assigned by the Head of the province-level Investigation
Agency to initiate and investigate a case involving a less serious or serious
crime occurring within the commune-level territory as prescribed in Clause 2
Article 37 of the Criminal Procedure Code, such Investigator shall exercise the
powers of the Head or Deputy Head of the Investigation Agency to apply
diversion measures and other procedural measures for juveniles in accordance with
this Law and the Criminal Procedure Code.
5. The Procurator General of the Supreme People’s Procuracy
shall take the lead and coordinate with the Chief Justice of the Supreme
People’s Court, the Minister of Public Security, and the Minister of National
Defense in detailing Clauses 4 and 4a of this Article.
Article 143.
Separation in criminal cases involving juveniles
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2. Documents
and evidence collected during the resolution of cases involving juveniles and
cases involving adults as prescribed in Clause 1 of this Article shall be used
in the resolution of these cases.
3. The
Prosecutor General of the Supreme People's Procuracy shall take charge and
cooperate with the Chief Justice of the Supreme People's Court, the Minister of
Public Security, and the Minister of National Defense, shall elaborate this
Article.
Article 144.
Statement extraction or interrogation
1. For
cases of statement extraction from or interrogation of juveniles at the place
of investigation and prosecution, the room for statement extraction from or
interrogation must be arranged to ensure friendliness and suitability for their
psychology and age.
2. While
extracting statements and interrogating, the competent procedural person must
consider applying appropriate measures to minimize the time and number of times
of extracting statements and interrogating and must immediately stop extracting
statements and interrogating when the juvenile shows signs of fatigue,
affecting the ability to give accurate and complete statements.
3. While
extracting statements and interrogating juveniles, their representatives or
defense counsels, or persons protecting their lawful rights and interests must
be present; cases where it is necessary to keep the investigation confidential
for crimes against national security shall be handled in accordance with the
Criminal Procedure Code.
If
necessary, when extracting statements and interrogating, the competent
procedural agency may invite social workers, medical, psychological,
educational, and social work experts.
4. After
each time of statement extraction or interrogation by the competent person, the
representative, the defense counsel, the person protecting of lawful rights and
interests, and the social worker may question the juvenile if the Investigator
or Prosecutor agrees. The Investigator or
Prosecutor has the right to request the cancellation of the interrogation, and
the interrogation must immediately stop in case the questions of these people
are suggestive or directional in nature related to the case.
5. Statement
extraction from or interrogation of must not be carried out more than 02 times
per day, 02 hours per session, except for the following cases:
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b) Seeking of fugitive criminals;
c) Prevention of crimes;
d) Search of tools or instruments
of crime or other exhibits related to the case;
dd) Cases with several complex
facts.
6. Statement
extraction from or interrogation of juveniles must not be carried out at night,
except for the following cases:
a) Juveniles held in emergency
custody;
b) Seeking of fugitive criminals;
c) Prevention of crimes.
7. Written
records of statements and interrogation bear no legal effect when they have the
signature or fingerprint of juveniles’ representatives or defense counsels, or
persons protecting their lawful rights and interests.
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1. Investigators,
when necessary, may let juveniles who are arrestees, detainees and defendants
to identify, recognize voices.
In case the juvenile is asked to
identify an image of a corpse with a frightening appearance, he/she must be psychologically
prepared or use appropriate electronic devices and simulated images for
identification.
2. During
the process of identification and voice recognition, the Investigator must
create a comfortable atmosphere and encourage the minor to make the most
accurate identification possible. After the
identifying identifies, recognizes an individual, item or photo displayed for
identification or one of the voices projected, the Investigator are not
required to ask the juvenile to explain on how he/she identifies, recognizes
that person, item, photo or voice.
3. Identification,
voice recognition shall not be carried out at night, except for cases specified
in Points b and c of Clause 6 of Article 144 of this Law.
4. Identification
and voice recognition must be carried out in the presence of juveniles’
representatives or defense counsels.
Article 146.
Confrontation
1. Confrontation
with juveniles shall only be carried out in cases where the case cannot be
resolved without confrontation.
2. Confrontation
with juveniles shall only be carried out once a day and shall not last more
than 2 hours. The competent procedural person
shall immediately suspend the confrontation if the juvenile shows signs of
fatigue or stress.
3. When
conducting the confrontation, the competent procedural person may put the
participants in an isolated room and use electronic devices, curtains, or other
protective measures to avoid affecting the psychology of the juvenile.
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Article 147.
Search of body, inspection of traces across a body
1. Search
of body, inspection of traces across a body of a juvenile must be conducted in
the presence of his/her representative.
2. Search
of body, inspection of traces across a body of a juvenile must be carried out
as fast as possible.
Section 4.
ADJUDICATION PROCEDURE
Article 148.
Authority to adjudicate criminal cases
The Family and Juvenile Court has
the authority to adjudicate criminal cases involving juveniles who are accused
persons. For Courts that have not yet
organized the Family and Juvenile Court, the adjudication of criminal cases
involving juveniles who are accused persons shall be conducted by the Judge
specified in Clause 1 of Article 29 of this Law.
Article 149.
Friendly courtroom
1. The
court shall adjudicate the defendant who is a juvenile in a friendly courtroom.
2. The
positions of the presiding officers, participants in legal proceedings, and
participants in the trial in the courtroom shall be arranged on the same plane.
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3. The
Chief Justice of the Supreme People's Court shall elaborate this Article.
Article 150.
Attendance of social workers
The social worker shall attend the
trial when summoned by the Court. If the
social worker is absent, depending on the case, the Trial Panel shall decide to
postpone the trial or continue the adjudication.
Article 151.
Friendly adjudication procedure
1. Trials
must be conducted in a friendly manner, ensuring lawful rights and interests of
juveniles. The Judge presiding over the trial
must wear the administrative uniform of the Court; the prosecutor must wear
appropriate uniform, not the uniform of the People's Procuracy.
2. During
the trial, handcuffs or other coercive measures must not be applied, except in
cases where the juvenile shows signs of resistance, causes disorder in the
trial or other negative actions.
3. The
representative of the juvenile may assist the juvenile at the trial.
4. Court
president shall request the social worker present at the trial to present the
social investigation report and the additional social investigation report (if
any), propose the application of diversion measures (if any) and other related
issues.
5. The
questioning and debate with juveniles at court shall be conducted a manner that
is suitable with their age, gender, cognitive ability and maturity. Questions
should be brief, simple, and easy to understand, and not cover multiple issues
at once.
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If it is deemed necessary to
develop or supplement a diversion plan, the Trial Panel shall decide to suspend
the trial and request the social worker to develop or supplement a diversion
plan. The suspension period of the trial shall
not exceed 10 days from the date of the trial suspension decision. After the suspension of the trial, the Trial Panel
shall continue to resolve the case in accordance with law.
7. After
pronouncing judgments or announcing decisions, the Trial Panel shall decide to
hold the juvenile in detention in one of the following cases:
a) The juvenile is being held in
detention, but it is deemed necessary to continue with the detention to ensure
the enforcement of the judgment or decision;
b) The juvenile is not being held
in detention, but there are grounds to believe they may flee or commit further
offenses.
8. The
detention period applicable to juveniles is prescribed as follows:
a) No more than 45 days from the
date of pronouncing judgments;
b) No more than 25 days from the
date of announcing the decision on applying the educational measure at
reformatory.
Article 152.
Pronouncement of judgments
When pronouncing judgments, The
Trial Panel shall read the decision in the judgment. Additional
explanations on the abidance by the sentences and the right to appeal and other
contents may be provided after the reading of the judgment in accordance with
law.
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LEGAL PROCEEDINGS IN RESPECT TO JUVENILES WHO ARE
CRIME VICTIMS, WITNESS TESTIFIERS
Article 153.
Provision of protection, assistance to juveniles who are crime victims, witness
testifiers
1. The
legal proceedings involving juveniles who are crime victims, witness testifiers
must be conducted in an environment conducive to ensuring their safety in terms
of life, health, dignity, honor, property, personal secrets, rights, and other
lawful interests. Limiting the number of
interactions between juveniles who are crime victims, witness testifiers, and
persons facing denunciation or requisitions for charges, persons facing charges
to the lowest possible extent.
2. Competent
procedural agencies/persons must apply appropriate measures to minimize the
anxiety and stress of the juveniles who are crime victims, witness testifiers
during their participation in the proceedings.
3. Competent
procedural agencies/persons must cooperate with social workers, child
protection agencies, and other relevant organizations to support, care for, and
protect juveniles who are crime victims, witness testifiers during their
participation in the proceedings.
4. Cases
involving juveniles who are crime victims or witness testifiers shall be
prioritized and handled as soon as possible.
5. Competent
procedural agencies/persons must apply appropriate, necessary measures in accordance
with the law to protect the life, health, dignity, honor, property, and other
lawful rights and interests of juveniles who are crime victims or witness
testifiers and their kin when they are harmed or threatened.
6. Juveniles
who are crime victims or witness testifiers shall not be escorted by force.
7. Juveniles
who are crime victims facing difficult circumstances shall receive support from
the Child Protection Fund.
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1. Juveniles
who are crime victims have the right to have a legal representative, a person
protecting their lawful rights and interests, and juveniles who are witness
testifiers have the right to have a legal representative to participate in
legal proceedings. . If the participation of
the legal representative does not ensure the juvenile's interests, another
legal representative must be appointed in accordance with the law.
2. Immediately
after admitting a case, the competent procedural agency must notify in writing
the legal representative of the juvenile who is a crime victim, the witness
testifier to participate in the proceedings; if necessary, and the notification
can be made directly, via phone, or other electronic means, but must be
followed up with a written notification. The
legal representative must be present at the time and location specified in the
notification.
3. Before
conducting any legal proceedings, the competent authority must inform the legal
representative, the person protecting lawful rights and interests of the
juvenile who is a crime victim, the legal representative of the witness
testifier as stipulated in this Law and the Criminal Procedure Code.
4. At
the request of the juvenile who is a crime victim, their legal representative,
or when deemed necessary, the competent procedural agency may request the
involvement of a social worker to guide, support the juvenile and perform other
duties, powers of the social worker as prescribed by law.
5. If
deemed necessary, the competent procedural agency may request medical,
psychological, educational, and social work experts to assist the juvenile who
is a crime victim, witness testifier during the legal proceedings.
Article 155.
Maintaining confidentiality of information of juveniles who are crime victims
or witness testifiers
1. Competent
procedural agencies/persons must apply appropriate measures to maintain
confidentiality of personal privacy of juveniles who are crime victims or
witness testifiers.
2. It
is strictly prohibited to disclose information about the full name, place of
residence, education, work, images, and other identification-related
information of juveniles who are crime victims or witness testifiers.
During pronouncing judgments, the
Judge is not allowed to mention the full name, place of residence, education,
or work of the juvenile who is a crime victim or witness testifier.
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4. Competent
procedural agencies/persons must promptly request press agencies and news
agencies not to publish or to remove information and images related to the case
that affect the honor and dignity of juveniles who are crime victims or witness
testifiers.
5. Competent
procedural agencies/persons shall apply professional measures or request the
competent authority to apply technical measures to protect the personal
information, honor and dignity of juveniles who are crime victims or witness
testifiers that are disseminated on the internet.
6. Competent
procedural agencies/persons must handle, within their jurisdiction, or propose
to relevant agencies or organizations to handle, any intentional dissemination
of personal information of juveniles who are crime victims in cases of child
abuse that affects their dignity and honor.
Article 156.
Statement extraction, confrontation, identification, voice recognition,
experimental investigations
1. Extraction
of statements from juveniles who are crime victims and witness testifiers can
be done at the place of investigation, prosecution, their place of residence or
place of study, workplace, or living place, or at the facility for taking care
of juveniles. Priority should be given to
extracting statements at their place of residence. When
extracting the testimony of juveniles who are crime victims or witness
testifiers at the place of investigation or prosecution, a designated room must
be arranged to ensure a friendly environment suitable for their psychology and
age.
If deemed necessary, the testimony
of juveniles who are crime victims or witness testifiers may be audio or video
recorded.
2. During
the extraction of the testimony of juveniles who are crime victims or witness
testifiers, the competent procedural person must maintain a friendly attitude
and use language that is easy to understand, appropriate for their age, gender,
cognitive abilities, maturity level, and the specific circumstances of the
family, psychological state, health, and other characteristics of the
juveniles.
3. Competent
procedural agencies/persons must limit the number of times of extraction of
testimony from juveniles who are crime victims or witness testifiers and should
only do so if deemed necessary.
4. Juveniles
who are victims or witnesses should not be repeatedly questioned on the same
matter. Testimony should not be taken more
than twice in one day, each session not exceeding two hours, except in cases
with complex circumstances. Extraction of
testimony should be paused immediately if the juvenile shows signs of fatigue
that may affect their ability to provide accurate and complete information.
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6. Confrontation
between juveniles who are crime victims or witness testifiers and the accused
persons should not be conducted unless deemed necessary for case resolution.
During the confrontation, the
competent procedural person shall arrange separate rooms for the participants
and use electronic devices, screens, or other protective measures to avoid
affecting the psychology of the juveniles.
Confrontation with juveniles who
are crime victims or witness testifiers should only be conducted once a day and
not exceed two hours per session. Competent procedural persons must
immediately halt the confrontation if juveniles show signs of fatigue or
stress.
7. Juveniles
who are crime victims or witness testifiers have the right to refuse to
participate in experimental investigations if such investigations may harm
their psychological well-being.
8. During
testimony, confrontation, identification, voice recognition, or experimental
investigations, the juvenile’s legal representative or person protecting their
lawful rights and interests must be present.
9. During
testimony, confrontation, identification, voice recognition, or experimental
investigations, Investigators, Investigation Officers, Prosecutors, and
Inspectors should dress appropriately, not in the uniform of the People’s
Police or Prosecution.
Article 157.
Inspection of traces across a body, request for expert examinations
1. Inspection
of traces across a body of a juvenile who is a crime victim, witness testifier
must involve their legal representative.
If deemed necessary, a doctor may
be invited to participate in the inspection of traces across the body of a
juvenile who is a crime victim. The
examination of the genital of a juvenile who is the victim must be performed by
a doctor.
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3. Only
request an expert examination or take samples from the body of a minor who is
the victim or witness if there are grounds to believe that it is necessary to
resolve the case. When conducting an expert
examination and taking samples from the body, the privacy of the juvenile must
be respected.
4. The
agency handling the case must perform an examination within 24 hours of
discovering grounds in cases of crimes in flagrante, crimes that have just
ended but are discovered, or cases that require expert examination or have
grounds or documents proving an act of harming juveniles. If it is necessary to take the victim to a medical
establishment for first aid or emergency care, the agency handling the case
must cooperate with the medical establishment to collect samples for expert
examination.
Article 158.
Limiting contact with the defendant
1. The
Trial Panel must limit contact between the juvenile who is the victims and
witnesses and the defendant when they present their testimony at the trial.
2. During
the trial, the Trial Panel must isolate the juvenile who is the crime victim
and witness testifier from the defendant in the following cases:
a) Cases involving juveniles who
are victims of gender-based violence, violence, or trafficking;
b) Cases involving victims under 10
years of age;
c) Other cases where the juvenile
or their representative requests isolation and the Trial Panel deems it
necessary to isolate them to ensure the best interests of the juvenile.
Article 159.
Adjudication procedure
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The judge presiding over the trial
may decide to conduct an online trial in accordance with law so that juveniles
who are crime victims or witness testifiers can participate in the trial at the
multi-party hearing venue.
2. When
juveniles who are victims or witnesses participate in the trial, they shall be
put in an isolated room and allowed to use electronic devices; if an isolated
room cannot be arranged, they shall be allowed to sit in the courtroom but must
be separated from the defendant.
3. During
the trial, the following requirements must be satisfied:
a) When questioning, questions must
be brief, simple, and easy to understand, using language appropriate to the
juvenile's age, gender, cognitive ability, and maturity level. Multiple matters
shall not be asked at the same time. The questioning must pay attention to the
specific characteristics of juveniles' family circumstances, psychological
status, health and other characteristics;
b) If necessary, body diagrams,
models, electronic devices or other tools can be used to assist the juvenile in
answering questions. Juveniles who are crime victims and witness testifiers
must not be asked to point to their body parts;
c) Questions that are offensive,
threatening, embarrassing or insulting to juveniles who are crime victims and
witness testifiers are prohibited.
4. Juveniles
who are crime victims or witness testifiers are provided with conditions to be
familiar with and interact with the adjudication process and procedures.
5. The
Chief Justice of the Supreme People's Court shall elaborate this Article.
Article 160.
Compensation for juveniles who are crime victims
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2. Compensation
for juveniles who are crime victims must be made promptly.
3. If
life, health of the juvenile who is the crime victim is harmed and requires
timely treatment but the person compensating cannot make compensation
immediately, funds from the Children Protection Fund may be used. The person with the obligation to compensate must
repay the Fund in accordance with applicable regulations.
4. The
Government shall elaborate this clause 3 of this Article.
Article 161.
Support for functional rehabilitation for juvenile who are victims
1. Crime
victims who are under 16 years of age shall receive support and intervention in
accordance with the Law on Children.
2. Victims
from 16 to under 18 years of age have the right to be arranged a safe temporary
residence, receive psychological counseling, medical treatment, legal aid,
skills training, alternative care and other support activities as prescribed by
law.
Part four
EXECUTION OF IMPRISONMENT, COMMUNITY REINTEGRATION
Chapter IX
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Article 162.
Facility conditions of separate prisons, prison divisions, and areas for
detention for juvenile inmates in prisons
1. Separate
prisons, prison divisions, and areas for detention for juvenile inmates in
prisons must be arranged and designed to suit age and gender of the juveniles
and ensure the following areas and facilities are available:
a) Detention area by the nature of
the crime, level of sentence, gender;
b) Prison cell;
c) Facilities serving study,
living, medical care;
d) Sports and entertainment area;
dd) Labor and vocational training
area;
e) Visiting area;
g) Other facilities as prescribed
by the Law on Execution of Criminal Judgments.
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3. Separate
prisons, prison divisions, and areas for detention for juvenile inmates must
have facilities for juveniles to participate in physical education, sports,
cultural and artistic activities, listen to the radio, read books and
newspapers, watch television, and other appropriate forms of entertainment.
4. The
arrangement of separate detention for juvenile inmates shall follow the Law on
Execution of Criminal Judgments.
5. Based
on age, gender, health, educational level, nature of crime, and sentence level,
prisons shall arrange juvenile inmates into teams or groups for study, work,
and participate in activities and assign prison officers of the same gender to
be directly in charge.
6. Based
on actual conditions, the Minister of Public Security and the Minister of
National Defense shall decide to organize separate prison, prison divisions,
and areas for detention for juvenile inmates.
7. The
Government shall detail Clauses 1, 2, 3, 4, and 5 of this Article.
Article 163.
Medical care
1. Juvenile
inmates shall receive medical care, including:
a) Psychological and mental health
counseling;
b) Reproductive health care;
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2. Juvenile
inmates shall receive a medical check-up upon arrival at the detention center
and a general health check once a year.
3. The
Government shall elaborate this Article.
Article 164.
Cultural education, career education, vocational training, labor
1. Prisons
are responsible for educating juvenile inmates about culture, law, providing
career education, vocational training appropriate to their age, educational
level, gender and health. Juvenile inmates are entitled to cultural education,
career education, and vocational training according to regulations of the
Government.
2. In
cases where it is not possible to arrange teachers for cultural education
according to regulations, prisons must cooperate with educational institutions
to organize and link online classes for juvenile inmates. The opening of
online classes must ensure safety, avoid discrimination, and influence juvenile
inmates and other inmates.
3. Juvenile
inmates are allowed to work in accordance with their age and health; do not
have to do heavy or dangerous work or exposure to toxic substances; are ensured
occupational safety and hygiene.
4. The
Government shall elaborate this Article.
Article 165.
Board and lodging, clothing, cultural and artistic activities, and
entertainment
1. Juvenile
inmates are guaranteed the same food ration standards as adult inmates and are
given additional meat and fish, but not more than 20% of the ration.
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3. Prisons
are responsible for organizing physical education, sports, cultural and
artistic activities, activities of listening to the radio, reading books and
newspapers, watching television and other forms of entertainment suitable to
the characteristics of juveniles.
4. Juvenile
inmates are encouraged to develop their personal abilities, strengths and
talents.
5. The
Government shall elaborate this Article.
Article 166.
Visits, correspondence
1. Juvenile
inmates are allowed to meet their relatives no more than 4 times in 1 month,
each meeting not exceeding 4 hours. Depend on the inmate's performance grade,
the requirements for education and reform, and the achievements in work and
study, juvenile inmates may have their meeting time extended but not exceeding
24 hours for 1 meeting.
2. Juvenile
inmates are allowed to make domestic telephone calls and video calls, calls
using electronic devices with their relatives no more than 4 times in 1 month;
each call shall not exceed 15 minutes, except in urgent cases. The
communication must be supervised by prison officers. The costs of
communication specified in this clause shall be paid by the inmate.
3. The
State encourages relatives of juvenile inmates to send books, school supplies,
exercise, sports, and entertainment equipment to the inmates.
Article 167.
Prison officers
Prison officers must be trained or
educated in psychology and educational sciences of juveniles, or have participated
in resolving cases involving juveniles.
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1. While
serving his/her prison sentence, a juvenile inmate who properly complies with
prison internal regulations, makes achievements in study, work, or records
merits, and shall be commended in one or more of the following forms:
a) Praise;
b) Award Certificate of Merit;
c) Reward in cash or in kind;
d) Increase of the number of
domestic telephone calls and video calls, calls using electronic devices with
relatives;
dd) Increase the number and
duration of visits with relatives;
e) Increase the number of receipt
and quantities of presents.
2. The
Government shall elaborate this Article.
Article 169.
Handling of violating juvenile inmates
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2. The
Government shall elaborate this Article.
Article 170.
Transfer of inmates to other prisons, prison divisions, or detention areas to
continue serving their sentences.
1. When
the inmate reaches 18 years of age, he/she shall be transferred to a prison,
prison division, or detention area for adults and shall be subject to the
management, detention, and education for adults in accordance with the law on
the Execution of Criminal Judgments.
2. Juvenile
inmates may be considered for transfer to another prison if it is deemed more
effective for their education, rehabilitation, and reintegration into the
community or when deemed necessary.
Article 171.
Preparation of release of inmates
1. Two
months before the juvenile inmate’s imprisonment expires, the prison must
inform him/her, his/her representative, the criminal judgment execution agency
of the provincial police, the commune-level People's Committee, the agency or
organization agency or organization in which such person will return to reside
and work, and inform the Ministry of Foreign Affairs in the case of a foreign
juvenile inmate.
2. The
notification includes: the date of release, the results of serving imprisonment
and other relevant necessary information for consideration, arrangement and
establishment of a normal life for that person.
3. If
the release date of the juvenile inmate who has completed serving imprisonment
is unknown, the prison shall notify the People's Committee of the commune where
the prison is located to request assistance, arrangement of food,
accommodation, and employment and study; if the commune-level People's
Committee cannot arrange food and accommodation for them, the prison shall
prepare a file to send them to a social protection facility in that local area.
4. For
inmates under 16 years of age or sick inmates from 16 to under 18 years who
have no relatives to pick them up on the day of release, the prison shall send
someone to take them back to their family or the People's Committee of the
commune where they reside.
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Chapter X
COMMUNITY REINTEGRATION
Article 172.
Preparation for community reintegration
1. Reformatories
and prisons shall prepare for community reintegration for juveniles before they
complete their educational measures at reformatory, juveniles whose educational
measures at reformatory are terminated early, juveniles who have completed
serving imprisonment, juveniles who are granted pardon, and juveniles under parole.
Preparation for community reintegration includes:
a) Psychological counseling,
support for legal procedures;
b) Career orientation, job seeking;
c) An amount of financial support
set aside from the community reintegration fund of the reformatory, prison.
2. The
State encourages agencies, organizations, units and individuals to enable and
help juveniles who have completed serving education measures at reformatory,
juveniles whose educational measures at reformatory are terminated early,
juveniles who have completed serving imprisonment, juveniles who are granted
pardon, and juveniles under parole to reintegrate into the community through
the following measures:
a) Information, communication and
education on community reintegration;
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a) Psychological counseling,
support for legal procedures;
d) Other types of assistance.
3. The
Government shall elaborate this Article.
Article 173.
Receipt, provision of assistance for juveniles reintegrating into the community
1. The
President of the People's Committee of the commune where the juvenile resides
shall organize and provide assistance to the juvenile reintegrating into the
community. The duration of assistance shall be at least 06 months from the time
of receiving the juvenile.
2. Assistance
for community reintegration includes:
a) Appointing one or more of the
following persons to assist the juvenile in community reintegration: social
workers, commune-level social work collaborators, representatives of the
Vietnam Women's Union, the Ho Chi Minh Communist Youth Union or reputable
persons in the community who have the conditions, ability and experience in
educating and helping juveniles;
b) Inspecting, urging the
implementation and mobilizing people in the residential area to closely
cooperate with the family in helping the juvenile reintegrate into the
community;
c) Providing necessary
psychological assistance, support for legal procedures for the juvenile;
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dd) Propagate, mobilize people, and
implement other measures to eliminate prejudice, stigma, and discrimination
against juveniles;
e) Encourage and enable agencies,
organizations, educational institutions, vocational training institutions,
enterprises, and individuals to receive and provide assistance in study, work,
career orientation, vocational training, and job seeking for juveniles.
3. The
Government shall elaborate this Article.
Article 174.
Psychological assistance
1. Psychological
assistance aims to support and assist juveniles who have completed serving
education measures at reformatory, juveniles whose educational measures at
reformatory are terminated early, juveniles who have completed serving
imprisonment, juveniles who are granted pardon, and juveniles under parole to
build confidence, determination, and will to reintegrate into the community and
prevent negative behaviors and violations of the law.
2. Psychological
assistance includes: counseling to eliminate inferiority complexes; training in
life skills and community reintegration skills; improving the ability to
self-solve difficulties and problems in social relationships and other types of
assistance.
3. Psychological
assistance shall be provided in the following forms:
a) Organizing private counseling,
group counseling;
b) Providing information and
documents based on the need for assistance;
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d) Consulting through social
networks, websites, emails, telephones and other means of information and
communication.
Article 175.
Vocational training, employment
1. Juveniles
who have completed serving education measures at reformatory, juveniles whose
educational measures at reformatory are terminated early, juveniles who have
completed serving imprisonment, juveniles who are granted pardon, and juveniles
under parole are given priority in vocational training and loan support for
employment in accordance with law.
2. Based
on the needs of juveniles who have completed serving education measures at
reformatory, juveniles whose educational measures at reformatory are terminated
early, juveniles who have completed serving imprisonment, juveniles who are
granted pardon, and juveniles under parole, and the reality of the labor
market, the employment service center shall provide free job counseling and
referrals for them; monitor and report their employment status as introduced by
the center to the state management agency for employment services.
3. Enterprises,
organizations and individuals are not allowed to discriminate or stigmatize
when recruiting or employing employees who are juveniles from 15 years of age
or older because they have previously been subjected to educational measures at
reformatory or have been sentenced to imprisonment.
Article 176.
Responsibilities of persons appointed to assist minors in community
reintegration
1. Providing
psychological assistance to juveniles.
2. Proposing
appropriate assistance, intervention and protection measures for juveniles
during the process of community reintegration in accordance with law.
3. Providing
timely support for issues arising during the process of assisting juveniles.
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Part five
IMPLEMENTATION CLAUSES
Article 177.
Amendments, annulment of some chapters, articles of relevant laws
1. Some
chapters and articles of the Criminal Code No. 100/2015/QH13, which has been
amended by Law No. 12/2017/QH14 shall be amended and annulled as follows:
a) Chapter XII is annulled;
b) The Phrase “tư pháp” is removed
from point g of clause 1 of Article 134.
2. Some
chapters and articles of the Criminal Procedure Code No. 101/2015/QH13, which
has been amended by Law No. 02/2021/QH15 and Law No. 34/2024/QH15 shall be
amended and annulled as follows:
a) Amendments to Article 7:
“Article 7. Upkeep of
socialist law execution regarding criminal procedures
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b) The phrase “quyết định giao
người dưới 18 tuổi cho cơ quan, tổ chức, cá nhân có trách nhiệm giám sát;
quyết định thay đổi người giám sát người dưới 18 tuổi phạm tội;”
(“decisions on the entrustment of persons under 18 to authorities and entities
in charge of supervision”) at Point d of Clause 1 of Article 37 and Point h of
Clause 1 of Article 42 shall be removed;
c) Point d of clause 1 of Article
39 is annulled;
d) The phrase “thay đổi người giám
sát người dưới 18 tuổi phạm tội;” (“change of supervisors for perpetrators
under 18") at Point e of Clause 2 of Article 45 shall be removed;
d) The phrase “hoặc có căn cứ quy
định tại Điều 16 hoặc Điều 29 hoặc khoản 2 Điều 91 của Bộ luật Hình
sự” ("or as per justifications prescribed in Article 16 or Article 29 or
Clause 2 of Article 91 of the Criminal Code") shall be replaced with the
phrase “hoặc có căn cứ quy định tại Điều 16 hoặc Điều 29 của Bộ luật
Hình sự hoặc người chưa thành niên được áp dụng biện pháp xử lý chuyển hướng
theo quy định của Luật Tư pháp người chưa thành niên” ("or as per
justifications prescribed in Article 16 or Article 29 of the Criminal
Code" or juveniles eligible for diversion measures as prescribed in Law on
Juvenile Justice”) at Point a of Clause 1 of Article 230 and Clause 1 of
Article 248;
e) The phrase “hoặc người chưa
thành niên được áp dụng biện pháp xử lý chuyển hướng theo quy định của Luật Tư pháp
người chưa thành niên” ("juveniles eligible for diversion measures as
prescribed in Law on Juvenile Justice") shall be added to after the phrase
“của Bộ luật này” ("of this Code") at Point a of Clause 1 of Article
282;
g) The phrase "or clause 2 of
Article 91” in Article 285 shall be removed;
h) Amendments to clause 2 of
Article 330:
"2. The decisions in a first
instance court, which are appealed, refer to decisions to suspend or dismiss
the case or lawsuit against suspects and defendants and other decisions in the
first instance court as per this Code and the Law on Juvenile Justice.”;
i) Chapter XXVIII shall be
annulled;
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l) The phrase “and proceedings
prescribed in Chapter VII and Chapter VIII of the Law on Juvenile Justice”
shall be added to after the phrase "of this Code" at Clause 2 of
Article 470;
3. Some
articles of Law on Execution of Criminal Judgments No. 41/2019/QH14 shall be
amended and annulled as follows:
a) The phrase “, giáo dục tại
trường giáo dưỡng” (“, education at reformatory”) shall be removed from clause
4 of Article 2;
b) Clause 15 of Article 3, Point b
of Clause 1 of Article 132, Clause 2 of Article 133, Clause 2 of Article 135,
Section 4 of Chapter III and Section 3 of Chapter X shall be annulled;
c) The phrase “hoặc người chấp hành
biện pháp tư pháp giáo dục tại trường giáo dưỡng” ("or persons serving
educational measures at reformatory") shall be removed from Clause 17 of
Article 3.
4. The
phrase “biện pháp khiển trách, hòa giải tại cộng đồng hoặc biện pháp giáo dục
tại xã, phường, thị trấn khi được miễn trách nhiệm hình sự”
("reprimand, community conciliation or edification at the commune, ward or
commune-level town when being exempted from criminal liability") shall be
replaced with the phrase “biện pháp xử lý chuyển hướng tại cộng đồng”
(“community-based diversion measures) in Clause 1 of Article 71 of the Law on
Children No. 102/2016/QH13, which has been amended by Law No. 28/2018/QH14.
5. Some
articles of the Law on Civil Judgment Execution No. 26/2008/QH12 have been
amended by Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14,
Law No. 03/2022/QH15, Law No. 31/2024/QH15 and Law No. 43/2024/QH1 shall be
amended as follows:
a) The phrase "of the Court,
the diversion measure of damages payment in the decision on applying diversion
measure of the Investigation authority, the Procuracy, the Court" shall be
added after the phrase "criminal decision" in Article 1;
b) Addition of clause 3 after
clause 2 of Article 2:
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6. Some
clauses of Article 7 of Law on Legal Aid No. 11/2017/QH14 shall be amended and
annulled as follows:
a) Amendments to clause 5:
“5. Persons from 16 to under
18 years of age who are persons facing denunciation or requisitions for
charges, persons held in emergency custody, persons facing charges, crime
victims, witness testifiers, persons serving diversion measures, and inmates.”;
b) Point dd of clause 7 shall be
annulled.
7. Point
a of Clause 1 of Article 31 of the Law on Residence No. 68/2020/QH14 shall be
amended as follows:
“a) The citizen is out on
bail; or is convicted but has yet to receive the sentence execution decision or
has received the sentence execution decision but is out on bail or granted
suspension of sentence execution; or is convicted and undergoing probation; or
is under mandatory supervision or serving a community sentence; or is on
parole; is serving community-based diversion measure, or serving educational
measure at reformatory but is granted postponement, suspension of sentence
execution, and leaves the commune-level administrative unit where they are
residing for 01 day or more;”.
Article 178.
Effect
1. This
Law comes into force from January 1, 2026, except for the case specified in
Clause 2 of this Article.
2. Article
139, Clause 1 and Clause 2 of Article 162 of this Law comes into force from
January 1, 2028.
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1. From
January 1, 2026:
a) For cases in processing of
criminal information, filing of charges, investigation, prosecution, and
adjudication of first instance that have not been completed by January 1, 2026,
the regulations of this Law shall apply to resolve the case, except for the
investigation period, the period for deciding the prosecution or the period for
preparing for first-instance trials, the period for temporary detainment, the
period for detention, and the separation of cases, which shall comply with
Criminal Procedure Code. In cases where the investigation, prosecution, and
adjudication stages do not involve the participation of social workers in the
proceedings, the Investigation Authority, the Procuracy, and the Court shall
request social workers to participate in the proceedings in accordance with
this Law.
If the remaining investigation period,
the period for deciding prosecution, or the period for preparing for the first
instance trial is not enough to fully apply the diversion procedure but there
are grounds for applying the diversion measures prescribed in Articles 35, 37,
and 39 of this Law, the presiding authority handling the case shall review and
issue a decision to apply the diversion measures to the juvenile;
b) For cases in the stage of
second-instance trial that have not ended by January 1, 2026, the
second-instance court must base on the regulations of this Law to continue
handling the case, except for the period for preparing for the second-instance
trial and the period of detention, which shall comply with the Criminal
Procedure Code.
If there are grounds for applying
the diversion measures prescribed in Articles 35, 37 and 39 of this Law, the
Trial Panel shall amend the first-instance judgment and decide to apply the
diversion measures in the second-instance judgment;
c) For cases that are being handled
and resolved by the Agency assigned to conduct a number of investigation
activities within the authority prescribed in the Criminal Procedure Code but
have not been completed by January 1, 2026, the authority to resolve the case
shall comply with the Criminal Procedure Code until the investigation is
completed;
d) For suspects and defendants who
are being held in detention under the Criminal Procedure Code but have not been
held in detention under the regulations of this Law by January 1, 2026, the
Procuracy and the Court shall decide to cancel the detention measure currently
applied or replace it with another preventive measure in accordance with this
Law and the Criminal Procedure Code;
dd) For judgments and decisions of
the Court that have come into effect but have not been enforced or have not
been fully enforced by January 1, 2026, the regulations of this Law and
relevant laws shall be applied for execution.
2. The
clauses and articles of this Law on warnings, fines, definite-term
imprisonment, decisions on penalties in cases of preparing to commit a crime,
attempted crime, reduction of the imposed penalty, suspended sentences,
postponement of execution of imprisonment, parole, expungement of convictions
and other favorable provisions for offenders as prescribed in Chapter VI of
this Law shall apply from the date of issuance of this Law.
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4. For
criminal acts for which a court judgment or decision has come into effect
before January 1, 2026, regulations of this Law shall not be use as legal basis
if they have different contents from the regulations of the law that were applied
when the judgment was pronounced to lodge protests through the cassation
procedure, except in cases of violations of the provisions in Clause 2 of this
Article; in cases where the appeal is based on other grounds or has been
appealed before January 1, 2026, the cassation review must comply with the
provisions in Clauses 2 and 3 of this Article.
5. In
case the offender has been sentenced to imprisonment before the date this Law
is promulgated in accordance with previous documents and the judgment has come
into legal effect, if the offender is from 14 to under 16 years of age who
subject to imprisonment of more than 09 years and does not fall under the cases
specified in Clause 4 of Article 119, Article 121 and Article 122 of this Law
or the offender is from 16 to under 18 years of age and who subject to
imprisonment of more than 15 years and does not fall under the cases specified
in Clause 2 of Article 119, Article 121 and Article 122 of this Law, from the
date this Law is promulgated, the case shall be resolved as follows:
a) In case they have served a term
equal to or exceeding the maximum imprisonment prescribed in Clause 1 and
Clause 3 of Article 119 of this Law, the prison shall review and submit an
application to the Chief Justice of the Provincial People's Court or the Chief
Justice of the Military Court of the military zone where they are serving their
sentence on exemption from serving the remaining imprisonment;
b) In case they have served a part
of their sentence but not yet reached the maximum term of imprisonment
prescribed in Clause 1 and Clause 3 of Article 119 of this Law, the prison shall
review and submit an application to the Chief Justice of the Provincial
People's Court or the Chief Justice of the Military Court of the military zone
where they are serving their sentence to decide to reduce the duration of the
sentence to 09 years for offenders from 14 to under 16 years of age or 15 years
for offenders from 16 to under 18 years of age;
c) In case they are being granted a
postponement of imprisonment, the criminal judgment execution agency of the
district-level police or the criminal judgment execution agency of the military
zone shall review and submit an application to the Chief Judge of the Court
that issued the decision on sentence execution to reduce the term of the
sentence to 09 years for offenders from 14 to under 16 years of age or 15 years
for offenders from 16 to under 18 years of age.
In case a juvenile is sentenced to
imprisonment but given a suspended sentence before the date of issuance of this
Law in accordance with previous documents and the judgment has come into
effect, if their probation period is more than 03 years from the date this Law
is promulgated, the case shall be resolved as follows:
a) In case they have served a
probation period equal to or exceeding 03 years, the criminal judgment
execution agency of the district-level police shall submit an application to
the Chief Judge of the district-level People's Court, the Chief Judge of the
Military Court of the area where they reside to decide to shorten the remaining
probation period;
b) In case they have served a part
of the probation period but less than 03 years, the criminal judgment execution
agency of the district-level Police shall submit an application to the Chief
Judge of the district-level People's Court, the Chief Judge of the Military
Court of the area where they reside to decide to shorten the probation period
to 03 years.
7. When
implementing the regulations of Clauses 5 and 6 of this Article, the Court must
explain to the person who is exempted from serving the remaining term of
imprisonment, has their sentence reduced, or has the probationary period of the
suspended sentence shortened that the exemption, reduction, or shortening is
due to the new humane criminal policy of our State, and not a wrongful
conviction caused by the presiding agency; therefore, they do not have the
right to request for damages according to the provisions of the Law on State
Compensation Liability.
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CERTIFIED
BY
CHAIRPERSON
Le Quang Tung