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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No. 33-CP
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Hanoi, April 14,
1997
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DECREE
TO ISSUE THE REGULATION ON REFORMATORIES
THE GOVERNMENT
Pursuant to the Law on Organization
of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
At the proposal of the Minister of the Interior
DECREES:
Article 1.-
To issue together with this Decree the "Regulation on reformatories".
Article 2.-
This Decree takes effect after fifteen days from the date of its signing. All
the earlier provisions which are contrary to this Decree are now annulled.
The Ministers of the Interior,
Justice, Labor, War Invalids and Social Affairs, Finance, Education and
Training and Health, the Minister-Chairman of the Vietnam Committee for
Protection and Care of Children shall, within the scope of their functions and
tasks, have to guide the implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
REGULATION ON REFORMATORIES
(issued
together with Decree No. 33-CP of April 14, 1997 of the Government)
Chapter I
GENERAL PROVISIONS
Article
1.-
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2. The objects to be sent to the
reformatory include:
a/ Persons who are of from full
12 years to less than 14 years of age and commit acts that involve elements of
serious crimes prescribed in the Penal Code.
b/ Persons who are of from full
12 years to less than 16 years of age and commit acts that involve elements of
lesser crimes prescribed in the Penal Code, have been educated several times by
the local administration and people but fail to make rectification.
c/ Persons who are of from full
12 years to less than 18 years of age, have repeatedly committed administrative
violations in the field of social order and safety and have been educated
several times by the local administration and people but fail to make
rectification.
3. The duration of being put in
a reformatory is from six months to two years.
Article
2.-
1. A
reformatory is a place for enforcing decisions to send to the reformatory the
minor offenders prescribed in Clause 2, Article 1 of this Regulation.
2. The reformatory has the task
of supervising their students, providing them with ethic and law education,
general education, guidance orientation education, job training and organizing
labor suitable to their ages in order to help them to rectify themselves for a
healthy physical and intellectual development to become honest and useful
citizens of the society.
3. The organization and
operation of the reformatory shall comply with the provisions of law and this
Regulation.
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1. The
measure to send minor offenders to the reformatory must be applied to the right
persons, according to the right order, procedure and competence prescribed in
the Ordinance on the Handling of Administrative Violations and this Regulation.
2. All acts of infringing upon
the life, health, dignity and honor of the students of reformatories are
strictly forbidden.
Article 4.-
The fund for the building, organization and operation of the reformatories
shall be supplied by the State Budget.
Article 5.-
Reformatories shall be allowed to directly receive material support from the
local Peoples Committees, State agencies, economic organizations, social
organizations, charity organizations, Vietnamese individuals and foreign
organizations and individuals for organizing the general education, vocational
guidance education and job training for their students, purchasing learning aid
and essentials for students daily life.
Chapter II
PROCEDURE FOR SENDING
PERSONS TO REFORMATORIES
Article 6.-
For a minor offender who needs to be sent to the reformatory, the President of
the Peoples Committee of the commune, ward or township (hereafter referred to
as the commune Peoples Committee) where the minor resides shall make a dossier
and submit it to the President of the Peoples Committee of the rural or urban
district or the town under a province (hereafter referred to as the district
Peoples Committee).
Within seven days from the date
of receipt of the dossier, the President of the district Peoples Committee
shall verify it, make a written proposal on sending the minor to the reformatory
and submit it to the President of the Peoples Committee of the province or city
directly under the Central Government (here after referred to as the provincial
Peoples Committee).
2. For a minor without a fixed
dwelling, the President of the Peoples Committee of the commune where the minor
commits an offense shall make a report thereon and report the case to the
President of the district Peoples Committee. If the district or provincial
police agency discovers a minor committing an offense and makes a record
thereon, it shall verify the case and send a report thereon to the Peoples
Committee of the same level for consideration on making a proposal or a
decision to send the minor to a reformatory.
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Within ten days from the date of
receipt of the records and the report, the President of the district Peoples
Committee shall gather information, consider and make a dossier proposing to
send the minor to the reformatory and submit it to the President of the
provincial Peoples Committee.
4. The dossier proposing to send
a minor to the reformatory includes:
- The summarized curriculum
vitae of the minor;
- Records on the minors
committed offenses;
- The educational measures
already applied (if any);
- The comments of the police
agency, the local organizations of the Youth Union, Womens Union, and the
Committee for Protection and Care of Children, the minors parents or guardian;
- The report and proposal of the
commune or district Peoples Committee.
5. The police agency shall have
to assist the Peoples Committee of the same level in collecting materials to
make the dossier.
Article 7.-
The provincial Peoples Committee shall have to provide funding for the building
of administrative detention places and meals for the persons without a fixed dwelling
stated in Clause 2 of Article 6 and the persons stated in Clause 3 of Article 6
who may escape during the time their dossiers are made pending a decision of
the President of the provincial Peoples Committee or who are waiting for being
sent to the reformatory, and direct the concerned branches in strictly
supervising these objects.
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1. The
President of the provincial Peoples Committee shall issue a decision to set up
a Consulting Council to assist him/her in considering the dossiers.
2. The Consulting Council shall
be composed of leading officials of the police, the provincial Department of
Justice, the provincial Committee for Protection and Care of Children. The
representative of the police shall act as the standing member of the consulting
council.
3. The Consulting Council
members shall work on a part-time basis.
4. The provincial Peoples
Committee shall have to provide funding for the operation of the consulting
council.
Article 9.-
1. After
receiving the dossier proposing to send a minor to the reformatory, the
President of the provincial Peoples Committee shall refer it to the consulting
council.
2. Within twenty days from the
date of receipt of the dossier, the Consulting Council shall meet to consider
it.
Article
10.-
1. The
standing member of the Consulting Council shall have to prepare and chair the
meeting; every meeting of the Consulting Council shall be attended by a
representative of the Peoples Procuracy of the same level. At its meeting the
Consulting Council shall consider and make a vote on a case-by-case basis
whether or not to send a person to the reformatory. On the basis of the
opinions and the majority vote of the members of the Consulting Council, the
standing member shall make a conclusion on each case; the meeting of the
Consulting Council must be recorded in a minutes which clearly reflects the
opinion of the representative of the Peoples Procuracy.
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Article
11.- Within ten days from the date of receipt of the written proposal of
the Consulting Council, the President of the provincial Peoples Committee shall
decide on the sending of a minor to the reformatory.
Article
12.- The decision to send a person to the reformatory must clearly indicate
the date of its issue, the full name, birth date and residence of the person
being sent to the reformatory; the reasons; the provisions and name of the
legal document invoked, term and place for execution of the decision.
The decision must clearly state
the right of the subject person to make a complaint or denunciation, the place
where such complaint can be lodged and time limit for making a complaint. The
settlement of complaints and denunciations filed by reform school students
shall comply with the Ordinance on the Handling of Administrative Violations
and other provisions of law.
Article
13.-
1. Within
three days from the date of its issue, the decision to send a person to the
reformatory must be sent to the provincial Peoples Procuracy. Within five days
from such date, the decision must be sent to the subject person, his/her
parents or guardian, the police agencies of the province and the commune where
he/she resides.
2. For a person without a fixed
dwelling, within five day from the date of its issue, the decision must be sent
to the President of the Peoples Committee of the district where the dossier is
made.
Article
14.-
1. Within
five days from the date of issue of the decision, the provincial police agency
shall have to coordinate with the subject persons family or guardian in sending
him/her to the reformatory.
2. Upon receiving a decision to
send a person to the reformatory, the President of the district or commune
Peoples Committee shall direct the police agency of the same level to work out
a plan for supervising the person and at the same time coordinate with the
provincial police agency in enforcing the decision.
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Any person who discovers the
escapee shall have to notify the nearest police station or Peoples Committee.
When arresting the escapee, the police agency must make a record thereon and
request a competent police agency to issue a decision on administrative
detention before putting the escapee into an administrative detention house and
at the same time notify the provincial police agency that has issued the arrest
warrant thereof. Right after receiving the notice, the provincial police agency
shall have to dispatch its personnel to receive the escapee and escort him/her
to the reformatory.
4. The term for execution of the
decision to send a person to the reformatory shall start from the date on which
the person begins to postpone at the reformatories.
Article
15.-
1. For a
person to whom a decision to send him/her to the reformatory is issued, the
enforcement of the decision may be postponed for one of the following reasons:
a/ He/she falls critically ill
and it is so certified by a hospital of the district or higher level;
b/ His/her family runs into
special difficulties such as a family member is critically ill and there is in
the family nobody else but the subject person to take care of the ill member,
or his/her family suffers from a fire or a natural calamity. In these cases a
written request certified by the Peoples Committee of the commune where the
subject person resides is required
2. When the conditions stated in
Clause 1 of this Article for the postponement of the execution of the decision
no longer exist, the decision shall be executed; if the execution has been
deferred for a period longer than half of the term stated in the decision and
the subject person has made noticeable progress in his/her observance of law or
had a meritorious deed, he/she may be exempt from executing the decision.
3. For the cases stated in
Clause 1 and Clause 2 of this Article, the President of the Peoples Committee
of the commune where the subject person resides shall make a report (attached with
related documents) and submit it to the district peoples Committee. Within five
days from the date of receipt of the report, the President of the district
Peoples Committee shall consider and propose it to the President of the
provincial Peoples Committee to decide on the deferment of or exemption from
the execution of the decision .
4. The police agency of the same
level shall have to assist the President of the Peoples Committee in
considering and examining the dossiers requesting for the deferment of or
exemption from the execution of the decision and report them to the President
of the provincial Peoples Committee for decision.
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1. When
sending a person to the reformatory, there must be an accompanying dossier
which includes:
- The decision to send the
person to the reformatory;
- His/her brief curriculum
vitae;
- A summary of the offense that
has prompted the proposal to send him/her to the reformatory;
- His/her criminal record;
- Other documents relating to
his/her personal identification (if any);
2. Upon receiving a person to
whom a decision to send him/her to the reformatory is issued, a record on the
hand-over must be made. The reformatory shall have to check the dossier, the
identity card of the person and examine his/her health, draw up a file to
follow his/her progress and make regular reports on the education of the school
students to the Ministry of the Interior.
The persons who are serving the
decisions to send them to reformatories are referred to as students for short.
Chapter
III
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Article
17.-
1. A
reformatory may manage a maximum of one thousand students. Depending on the
concrete situation and conditions, the Minister of the Interior shall decide
the number of students to be managed by each school, its location and
managerial apparatus.
2. If the actual number of
students exceeds the number prescribed in Clause 1 of this Article or for other
plausible reasons some students must be transferred to from one to another
reformatory the immediate higher managing agency of the school shall sign the
decision to effect such transfer. The transfer decision shall be sent to the
provincial Peoples Committees that have issued decisions to send persons to the
reformatories, the Peoples Committees of the communes where the students reside
and to the students families.
3. The planning and construction
designs of the reformatories shall comply with the regulation of the Ministry
of the Interior.
Article
18.-
1. A
reformatory is staffed with a principal and deputy principals, personnel in
charge of the supervisory work, teaching general education, vocational guidance
training, job training and medical matters and specialized, technical and
logistic sections; and a security police team.
2. The Minister of the Interior
shall decide the establishment, dissolution, separation or merger of
reformatories, define their organization, concrete functions, tasks and powers,
define the tasks and powers and decide the appointment or dismissal of
principals, deputy principals of the reformatories.
Article
19.- The principals and deputy principals of the reformatories must have
graduated from either of the Police College, the Security College, the Law
University, the National University of Social Sciences and Humanities or the
Teachers Training College or have attained equivalent or higher degrees, have
experiences in managing and educating students, good political and ethical
qualifications and a high sense of organization and discipline.
Article
20.-
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2. The teaching personnel of a
reformatory shall enjoy other preferential regimes and allowances granted to
educational workers and be conferred with education titles as prescribed by the
State.
Chapter IV
REGIMES OF SUPERVISION,
EDUCATION, LEARNING, LABOR, ACTIVITIES, MEALS, ACCOMMODATION, CLOTHING AND
HEALTHCARE FOR STUDENTS
Article
21.-
1. Reform
school students must place themselves under the management, education and labor
assignment of their schools.
2. Students of a reformatory shall
be grouped into teams and classes, depending on their age, sex, educational
level, nature and seriousness of their offenses. Each team or class shall be
supervised by a teacher of the school
3. Students may leave the school
only with permission and under the supervision and the guidance of the schools
teacher(s).
4, At night, students shall
sleep in locked rooms and there shall be school teachers on duty at the
buildings where the students live.
Article
22.- If any student escapes from the reformatories, the principal of the
reformatories shall issue an order to arrest the escapee, organize the arrest
and escort the escapee back to the school.
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Article
23.-
1. The
segregation of a student from his/her reformatory in service of an
investigation or a trial or in other special cases shall be effected only when
there is an order for segregation issued by a competent agency as prescribed by
law. The segregation order must clearly indicate the purpose and duration of
the segregation. The segregation procedure shall be defined by the Minister of
the Interior.
2. The agency requesting the
segregation shall have to bring the student from and back to the school on
schedule as stated in the segregation order. The hand-over and receipt of a
student under a The segregation order must be recorded in a minutes. The
segregation duration shall be included in the term of execution of the decision
at the school.
Article
24.-
1. All
reform school students shall be eligible for general education according to the
general curriculum of the State. To learn general education is compulsory for
students who have not yet completed the primary education. Education for other
students shall be organized depending on the practical capability and
conditions of each school.
2. The monthly funding for the
purchase of textbooks, notebooks and learning aid for each student shall be
equivalent to the value of 3 kg of rice.
Article
25.-
1. The
reformatories shall have to organize for the students term-end and academic
year-end examinations and examinations for promotion to higher-level general
education, for the selection of excellent students or the admission to
specialized classes in compliance with the regulations of the Ministry of Education
and Training.
2. The registry of marks,
learning records, dossiers, charts and forms relating to the learning and
teaching at the reformatories must conform to the forms set by the Ministry of
Education and Training.
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Article
26.-
1.
Besides their class time, students shall participate in labor activities
organized by their school. Each reformatory shall have to assign labor suitable
to the ages and health of the students so as to ensure their normal physical,
intellectual and ethical development.
2. Students shall not be
employed in heavy, dangerous and hazardous jobs on the list jointly issued by
the Ministry of Labor, War Invalids and Social Affairs and the Ministry of
Health.
3. Students working time must
not be longer than their learning time. The working time plus the class time
shall not exceed seven hours per day. Students may be employed to work overtime
or at night only in extremely necessary cases and in accordance with the labor
legislation.
3. The fruits of the students
labor shall be used in service of their learning and daily activities.
Article
27.- Besides their study, job training and working hours, students may take
part in cultural, art, sport and gymnastic activities, reading books, watching
television programs and other entertainment activities organized by their
schools.
Article
28.- Students shall be arranged to live in collective rooms. Depending on
their ages, sex, characteristics of their personal identification, nature and
seriousness of their offenses, they shall be arranged in suitable rooms. Their
living rooms must be airy in summer and close to the wind in winter, and ensure
a hygienic environment. The minimum sleeping area is 2.5 m2 per student.
Article
29.-
1. Each
student shall have a bed or a sleeping wood board with a mat and a
mosquito-net. In Southern reformatories, each student shall be supplied with a
light blanket. In reformatories in the North, each student shall be supplied
with a cotton blanket of 2 kg with a cover and a warm coat. Mosquito-nets,
cotton blankets and light blankets shall be supplied once every three years.
Every year, each student shall be supplied with 2 mats, 2 sets of clothes, 1
uniform set, 2 sets of underwear, 2 face towels, 2 plastic slippers, 2 tooth
brushes, 1 nylon rain coat and 1 hard hat. Every quarter, each student shall be
supplied with 1 tooth paste of ordinary kind and 0.9 kg of soap.
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Article
30.-
1. The
monthly food ration of each student is defined as follows:
- 15 kg of rice;
- 0.5 kg of meat;
- 0.5 kg of fish;
- 0.5 kg of sugar;
- 1 liter of fish sauce;
- 0.5 kg of salt;
- 15 kg of vegetables;
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On each festive day or
traditional new year holiday, students shall be provided with extra food which
shall not exceed 5 times the ordinary daily ration.
2. The meal and rest regimes for
to sick students shall be prescribed by the schools doctor.
3. The monthly expense of
medicines for each student shall be equivalent to the value of 1 kg of rice.
Article
31.- Sick students shall be treated at the health station of their
reformatory. In cases where a student falls critically ill or suffers from an
acute disease which is beyond the capability to cure of the schools health
station while and his/her family makes a guarantee application for looking
after him/her at home or he/she needs to be hospitalized, the principal of the
reformatory must report the case to the Minister of the Interior and propose
him/her to issue a decision on temporary suspension of the enforcement of the
decision to send the subject person to the reformatory (except the case where
the student is sent to hospital for emergency) If, after the emergency aid, the
sick student needs to be treated for a long time in the hospital, the principal
of the reformatory shall report the case to the Minister of the Interior and
propose him/her to issue a decision on temporary suspension of the enforcement
of the decision to send the person to the reformatory, The temporary suspension
decision shall be sent to the provincial Peoples Committee that has issued the
decision to send the person to the reformatory. When the condition for
temporary suspension no longer exists, the student shall has to return to the
school to resume his/her execution of the decision to send him/her to the
reformatory. The temporary suspension time shall not be included in the
decision-executing term.
2. The expense of medical
treatment for students shall be funded by the State Budget. The reformatory
shall effect the payment of hospital fees directly to the hospital where the
student has been treated. In cases where the students family guarantees for
him/her to be treated at home, all medical treatment costs shall be borne by
his/her family.
Article
32.-
1. In
cases where a student dies at the reformatory, the principal of the school
shall have to immediately report it to the investigation agency, the Peoples
Procuracy and the nearest medical agency to send their representatives to the
school to make a record determining the cause of the death in the witness of
the school students and at the same time inform the dead students relatives of
the death. If, after 24 hours from the time of the notice but nobody from the
aforesaid agencies and the dead students relatives comes to the school or the
dead students relatives cannot afford a funeral at home, the reformatory shall
have to organize it instead. The cost of the funeral shall be covered by the
State Budget.
2. In cases where a student has
an accident, the principal of the reformatory must complete the necessary
procedures for the victim to enjoy the accident allowance as prescribed by law.
Article
33.-
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2. Students may send letters and
receive letters, money, presents, excluding alcohols, beer, cigarettes,
stimulants, banned objects and cultural products. The school shall have to
check the presents before delivering them to students. Students shall deposit
their cash money at the schools depository and spend it in accordance with the
rules of the school.
3. The Minister of the Interior
shall define in detail the regime on relatives visits and meeting, receipt of
money and presents, receipt and sending of letters of students.
Article
34.- When there is a funeral of a member of a students family or another
exigent case with his/her familys guarantee application certified by the
commune Peoples Committee, the principal of the reformatory may permit the
student to visit his/her home for not more than five days, excluding the
traveling time.
Article
35.-
1.
Students who have already served for half of the prescribed term and who have
made noticeable progress or recorded a meritorious deed, shall be considered
for the reduction of their decision-executing term.
2. The Minister of the Interior
shall decide the reduction of the term of execution of the decision at the
proposal of the principal of the reformatory. Within fifteen days from the date
of receipt of such proposal from the principal of the reformatory, the Minister
of the Interior shall have to consider and decide the reduction of the term of
execution of the decision. This decision shall be sent to the provincial
Peoples Committee that has issued the decision to send the person to the
reformatory, the Peoples Committee of the commune where such person resides and
to his/her family.
Article
36.-
1. Not
later than fifteen days before the expiry of a students term of execution of
the reformatory measure, the principal of the reformatory shall inform the
provincial Peoples Committee that has issued the decision to send such person
to the reformatory, the Peoples Committee of the commune where the person
resides and to his/her family of the date he/she shall leave the school.
2. When the term of execution of
the decision to send a person to the reformatory has expired, the principal of
the reformatory shall issue a certificate of completion of the term to the
student, send its copies to the provincial Peoples Committee that has issued
the decision, the district Peoples Committee that has so proposed and the
Peoples Committee of the commune where the student resides.
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4. For a student who has
completed the execution of the reformatory measure and whose parents and
dwelling cannot be identified, his/her reformatory shall inform the case to the
provincial Peoples Committee that has issued the decision to send him/her to
the reformatory so that the latter shall have to find measures to render
assistance, arrange accommodation, find job, arrange schooling for the student
suitable to his/her age.
5. For students who are under
than 15 years old and students who are sick or diseased and they have no
relatives to take them home on the day they are released from the reformatory,
the reformatory shall have to assign its personnel to take such students to
their families or to the provincial Peoples Committees that have issued
decisions to send such persons to the reformatories.
Article
37.- The person who has completed the execution of the decision to send
him/her to the reformatory shall have to, within ten days from the date of
his/her release, report thereon to the Peoples Committee and the police of the
commune where he/she resides
Chapter V
TO REWARD AND DISCIPLINE
REFORMATORIES STUDENTS
Article
38.- During their stay in the reformatories, students who have made marked
progress and strictly observed the provisions of law, the Regulation on
Reformatories and the rules of their schools shall be eligible for
consideration to be rewarded by the school principal in the following forms:
- To be commended;
- To take part in visits organized
by the school;
- To receive a reward in kind or
in cash;
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- To be proposed for a reduction
of the term of execution of the decision.
Article
39.-
1. During
their term in the reformatory, students who have breached the Regulation on
Reformatories, rules of their schools, have been lazy in study and labor, the
school principal shall consider and decide on imposing a discipline on such
students in one of the following forms:
- To be reproved;
- To be warned in front of all
students;
- To be educated in the
discipline room for 5 days. Students who are confined in the discipline room
must make a written self-criticism of their mistakes and read it in front of
all students.
2. Any student who commits an
offense may be, depending on the nature and seriousness of his/her offense,
subject to an administrative sanction, examined for penal liability, if
material damage is caused, compensation shall be made accordance with the civil
legislation.
Article
40.- Decisions to reward or discipline students must be made in writing,
signed by the principal and filed in the students records.
Chapter VI
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Article
41.- The Ministry of the Interior shall have to:
1. Solely manage and direct the
reformatories in the whole country;
2. Regularly urge, supervise,
monitor and ensure the execution of the measure to send persons to the
reformatory in accordance with the provisions of law;
3. Issue the rules of the
reformatories, guiding documents and necessary forms for the implementation
thereof;
4. Coordinate with the Vietnam Committee
for Protection and Care of Children, the Ministry of Finance, the Ministry of
Health, the Ministry of Education and Training, the Ministry of Labor, War
Invalids and Social Affairs, the Ministry of Planning and Investment, the local
administration, State agencies, economic organizations and social organizations
in organizing well the enforcement of the measure to send persons to the
reformatories.
Article
42.- The Ministry of Health shall have to coordinate with the Ministry of
the Interior in guiding the prevention, examination and treatment of diseases
and organizing regular medical check-ups for students.
Article
43.- The Ministry of Education and Training shall have to coordinate with
the Ministry of the Interior in designing the educational curriculum in
reformatories, guiding and controlling the learning quality, examinations and
the granting of education and job training certificates to students and
supporting these schools with contingents of teachers;; provide conditions for
students to continue their education in localities after their release from the
reformatories.
Article
44.- The Ministry of Labor, War Invalids and Social Affairs shall have to
support and guide the job training in the reformatories, recommend jobs for
students after their lease from the schools.
Article
45.- The Ministry of Finance shall have to provide funding for the
building, organization and operations of the reformatories according to the
approved annual plans of the Ministry of the Interior.
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1. Allocate land, provide
material support and favorable conditions for the school(s) located in its
locality during the process of building and operation of the school(s)
2. Guide and direct the district
and commune Peoples Committees and local functional agencies in organizing and
creating conditions for students to continue their education or find jobs as
well as helping them to integrate into the community life.
Article
47.- The Ministry of the Interior and the concerned Ministries shall have
to provide detailed guidance for the implementation of this Regulation.