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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
52/2001/ND-CP
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Hanoi,
August 23, 2001
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DECREE
GUIDING THE EXECUTION OF JUDICIAL MEASURE OF SENDING TO
REFORMATORY SCHOOLS
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
In order to execute the judicial measures of sending to reformatory schools as
provided for in Article 70 of the 1999 Penal Code and Articles 277 and 279 of
the June 9, 2000 Criminal Procedures Code;
At the proposals of the Minister of Public Security and the Minister of
Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. Persons sent to reformatory schools must be
subject to the supervision, management and education by the schools, and must
study, temper themselves, labor and live under the management and guidance of
reformatories officials and teachers. Those who are serving reformatory measure
are called reformatory school pupils (hereinafter called pupils for short).
3. The reformatory measure- serving duration
lasts for one to two years calculating from the date the persons subject to
reformatory measures are admitted into the reformatory schools.
Article 2.-
1. Places where the
reformatory measure is executed are the reformatory schools organized under the
law provisions on handling administrative violations.
2. The reformatory schools are tasked to manage,
provide moral, law and general education, job training as well as vocational
guidance and organize labor for pupils, suitable to their age groups in order
to help them study, temper themselves and healthily develop physically, morally
and intellectually to become honest persons useful to the society and capable
of integrating themselves into communities after completely serving the
reformatory measure.
Article 3.- The reformatory
measure must be applied to the right subjects and in compliance with the
provisions of the Penal Code, the Criminal Procedure Code and this Decree.
All acts of infringing upon the lives, health,
honor, dignity and property of pupils are strictly forbidden.
Chapter II
PROCEDURES FOR EXECUTION
OF REFORMATORY MEASURE
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1. Right after receiving
the courts decision on the execution of reformatory measure, the police offices
of the same level have the responsibility to:
a) Deploy the plan of coordination with
concerned agencies and organizations, local administrations and the families of
persons subject to the reformatory measure for strict management and
supervision over them;
b) Organize the execution of the courts
decisions.
2. Where a person against whom a decision on the
application of reformatory measure was issued has escaped, the district-level
police office of the locality where such person resides must issue a decision
to organize the hunt for such person and send him/her to a reformatory school.
3. When detecting that persons who have to serve
the reformatory measure have escaped and are being hunted for, all individuals,
families, agencies and organizations shall have to report such to the police
offices or the nearest administrations. When receiving and putting such persons
in custody, the police offices must make records thereon and immediately send
them to reformatory schools.
Article 5.- Dossiers on
sending people to reformatories shall include:
- Curriculum vitae;
- Name identification, personal identity;
- Health examination paper;
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- Competent police office’s document designating
the reformatory school to execute the court’s decision;
- Other materials relating to the personal
identity of the person sent to the reformatory school (if any).
Article 6.-
1. Persons subject to
reformatory measure may temporarily postpone the execution of this measure if
falling into one of the following cases:
a) They are being seriously ill and under
emergency care or they cannot move on their own due to other health reasons,
which is certified by medical bodies or hospitals of the district or higher
level;
b) Their execution of reformatory measure is
obstructed by other plausible reasons, which is certified by the chief of the
district-level police office.
2. The postponement of the execution of the
reformatory measure may be effected only when there is a decision of the court
which has issued the decision to enforce the reformatory measure.
3. The district-level police office shall have
to notify in writing the court which has issued the decision to enforce the
reformatory measure of cases where the persons subject to reformatory measure
fall under categories prescribed in Clause 1 of this Article or cases where the
persons who have postponed their serving of the reformatory measure have no
more reasons for further postponement, for the court to consider and decide
whether to postpone or continue the enforcement of reformatory measure.
Article 7.-
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2. The reformatory schools shall have to compile
the personal files of pupils to follow the process of their serving of the
reformatory measure; and quarterly, bi-annually and annually report to then
body managing the reformatory schools of the Ministry of Public Security on the
situation of management and education of pupils.
Article 8.- Within 7
days as from the date of receiving pupils, the headmasters of the reformatory
schools must notify such to their parents or lawful representatives, the courts
which have issued decisions to enforce the reformatory measure and the police
offices of the districts and communes where such persons resided.
Chapter III
REGIMES FOR REFORMATORY
SCHOOL PUPILS
Article 9.-
1. The pupils must submit
to the supervision, management, education and labor assignment by the schools
officials and teachers, and strictly abide by the schools internal regulations.
2. Depending on the pupils age groups, gender,
educational level as well as the nature and seriousness of their violations,
the schools shall arrange pupils into teams, classes. Each team or each class
must be directly managed by official(s) or teacher(s) of the schools.
Article 10.- If pupils
escape, the headmasters must mobilize officials, teachers and employees to
immediately search for them and notify such in writing to the police offices of
the districts where the schools are located for organizing the search. If
escapees are found in the search, they must be detained and the district-level
police offices shall have to make records thereof and notify such to the
schools; upon the receipt of the notices, the schools shall have to come and
receive such pupils. The duration of escape by pupils must not be calculated
into the reformatory measure- serving duration.
Article 11.-
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2. The agencies which request the enucleation
shall have to take the enucleated pupils and return them to schools on schedule
as inscribed in the enucleation order; upon the hand-over and receipt of
pupils, records thereon must be made. The enucleation duration shall be
calculated into the reformatory measure- serving duration.
Article 12.- While in
reformatory schools, the pupils shall be given the general education,
vocational guidance education, job training according to the programs of the
Ministry of Education and Training, the Ministry of Public Security and the
Ministry of Labor, War Invalids and Social Affairs.
For pupils who have not yet reached the level of
primary education, their general education study is compulsory. For other
pupils, they shall be organized for appropriate study and labor, depending on
the capability and practical conditions.
The monthly funding for each pupil to buy books,
notebooks, learning aids shall be provided by the State budget under the
current regulations on pupils subject to administrative violation- handling
measure by being sent to reformatory schools.
Article 13.-
1. The reformatory
schools shall have the responsibility to organize the inspection, evaluation
and ranking of pupils and organize examinations (semester-end, school year-
end, level-promotion examinations and outstanding pupil- selecting
examinations) according to the regulations of the Ministry of Education and
Training and the Ministry of Labor, War Invalids and Social Affairs.
2. Marks, school reports, dossiers and forms
related to the pupils study must follow the forms set by the Ministry of
Education and Training.
3. Certificates of general education study,
job-learning, granted to pupils by the schools shall be valid like the
certificates granted by general education schools or vocational training
schools.
Article 14.-
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2. It is forbidden to use pupils for heavy,
dangerous and/or hazardous jobs on the lists promulgated by the Ministry of
Labor, War Invalids and Social Affairs and the Health Ministry.
3. The pupils working time must not be more than
their study time. Their class time and working time must not exceed 7 hours a
day and not exceed 35 hours a week. Pupils shall only be used for extra-hour
work or night-time work in really necessary cases and in accordance with the
law provisions on labor.
4. The pupils shall be off on public holidays,
New Year holidays according to the State�s
regulations.
5. The fruits of pupils labor shall be used to
improve their life, activities and study.
Article 15.- Beyond the
time for their general education, job-learning, labor, the pupils may take part
in cultural, art, physical training and sport activities, read newspapers and
books, watch television and in other entertainment and recreation activities
organized by the schools.
Article 16.- Depending
on their genders, age groups, personal records, the nature and seriousness of
their violations, the schools shall arrange appropriate places of their
accommodation and activities in collective rooms. The sleeping rooms must be
cool and airy in summer, warm in winter, and environmentally hygienic. The
minimum housing space for each pupil shall be 2.5 m2.
Article 17.- The pupils
sleep on beds or platforms covered with mats and are allowed to use their
personal daily-life things (excluding objects banned from use in reformatory
schools); if they have not enough such things, they shall be lent or provided
by schools.
Pupils daily-life implements shall be lent or
supplied by schools according to the current regulations applicable to pupils
subject to administrative violation-handling measure of sending to reformatory
schools.
Article 18.-
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2. The food and rest regimes for sick, diseased,
injured pupils shall be prescribed by doctors or assistant-doctors.
Article 19.- Sick,
diseased and injured pupils shall be treated at the schools’ medical stations;
for cases of serious ailment, diseases and/or injuries, which are beyond the
schools’ treatment capability, the headmasters shall decide to send them to
outside medical establishments for treatment. The expenses for medical
examination and treatment shall be paid by the schools.
Article 20.-
1. Where a pupil dies,
the headmaster must immediately report such to the district-level People’s
Procurary and police office in the locality where the school is located so that
they come to make the record thereon and determine the cause(s) of his/her
death, to the witness of the schools’ pupils. The school has the responsibility
to immediately notify the deceased’s relatives thereof.
After the investigating body and the Procurary
agree to permit the burial, the school shall have to organize the burial. The
funding for burial shall be supplied by the State budget according to the
current regime. Where the deceased’s relatives request to organize the burial
by themselves, the school shall let them do so. The burial must ensure
environmental hygiene, the compliance with law provisions and the conformity
with customs and practices.
2. Where pupils get accidents, the headmasters
must carry out necessary procedures to settle the accident allowance regime.
The Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility and coordinate with the Ministry of Public Security in guiding
the implementation of the regime of allowance for pupils hit by accidents.
Article 21.-
1. The pupils may meet
their relatives at the schools’ reception places and must abide by the regulations
on visits and meetings.
2. The pupils may send and receive mails,
presents (except liquor, beer, cigarettes and other stimulant substances,
banned objects and cultural products). The schools have the responsibility to
check the mails and presents before they are sent or received. If pupils
possess money or valuable papers, they must deposit them at the custody
sections and use them according to the schools’ regulations.
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Article 22.- Those
pupils who have served half of their reformatory duration and shown their
repentance, realized their wrong doings, actively studied, labored and reformed
themselves and well observed the schools’ internal regulations, the headmasters
may propose the district-level courts of the localities where the schools are
located to terminate the duration of serving this measure for such pupils.
Article 23.-
1. Within 15 days before
pupils finish their reformatory measure- serving duration, the headmasters of
the reformatory schools shall have to notify the courts which have issued
decisions on enforcement of the reformatory measure, the commune-level People’s
Committees of the localities where such persons reside as well as their
relatives of the dates of their release from the schools.
2. When pupils finish their reformatory
measure-serving duration, the headmasters shall have to grant them the
certificates and send the copies thereof to the courts which have issued the
decisions thereon, the district-level police office and the commune-level
People’s Committees of the localities where such persons reside.
3. Upon their release from schools, the pupils
shall have to return blankets, mosquito nets and things lent by the schools;
receive back their money and objects deposited at the custody sections, receive
certificates of general education study, job-learning (if any), money for their
journey home including food and travel fares. Where pupils fail to make real
progress when they have finished their reformatory measure-serving duration,
the headmasters must make separate written remarks and propose follow-up
educational and management measures and send them to the courts which have
issued decisions and the commune-level People’s Committees of the localities
where such persons reside.
4. For pupils who have completely served their
reformatory measure and have their parents and residence places unidentified,
the schools shall have to contact the courts which have issued decisions and
the People’s Committees of the same level and ask for their measures to assist,
arrange residence places and provide appropriate jobs and study for them to
stabilize their lives.
5. For pupils aged under 15 years or sick,
diseased pupils who have no relatives to come and receive them upon their
release, the schools shall have to appoint officials or teachers to take them
to their families or hand them to the commune-level People’s Committees of the
localities where they reside.
Article 24.-
1. Those pupils who make
marked progress, scrupulously observe laws and the schools’ internal
regulations or record merits, shall be considered and commended and rewarded by
headmasters in the following forms:
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b) Sightseeing organized by schools;
c) Reward in cash or in kind;
d) Being recommended to the competent courts for
consideration and decision on the termination of the reformatory measure-
serving duration.
2. Those pupils who decline to study, labor or
commit other acts of violating the schools�
internal regulations, the headmasters shall, depending on the nature and
seriousness of their violations, decide to discipline them in one of the
following forms:
a) Reprimand;
b) Warning;
c) Education at disciplinary chambers for 5
days.
Those pupils put into disciplinary chambers must
write self-criticism reports and read them before the entire school.
3. The decisions on commendation or discipline
of pupils must be made in writing, signed by the headmasters and kept in files
according to regulations.
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Article 25.- Within 10 days
as from the date of their release from schools, the pupils who have completely
served the reformatory measure must present themselves to the commune-level
People’s Committees and police offices of the localities where they reside.
Chapter IV
RESPONSIBILITY OF
AGENCIES IN THE ENFORCEMENT OF REFORMATORY MEASURE
Article 26.- The
Ministry of Public Security shall, within the ambit of their tasks and powers,
have the responsibility:
1. To promulgate legal documents on enforcement
of reformatory measure.
2. To direct, guide and organize a force for the
enforcement of reformatory measure.
3. To assume the prime responsibility and
coordinate with the courts, the People’s Procuraries, the ministries, branches
and People’s Committees of localities in enforcing the reformatory measure.
4. To make statistics on enforcement of
reformatory measure.
5. To examine, inspect and settle complaints and
denunciations about the enforcement of reformatory measure.
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Article 28.- The
Ministry of Education and Training shall have to coordinate with the Ministry
of Public Security and the Ministry of Labor, War Invalids and Social Affairs
in defining the educational programs of the schools; train, foster or support
teachers of the schools; create conditions for pupils to continue their study
in localities when they are released from schools.
Article 29.- The Ministry
of Labor, War Invalids and Social Affairs shall have to support and guide the
organization of job-training in schools and recommend jobs to pupils after
their release from schools.
Article 30.-
1. The funding for
organizing the enforcement of reformatory measure shall be supplied by the
State budget. The use of such funding must comply with the current law
provisions.
The Finance Ministry shall have to ensure
funding for the enforcement of reformatory measure according to assigned plans
in the annual budget estimate of the Ministry of Public Security.
The Ministry of Public Security shall elaborate
annual budget expenditure estimates for the enforcement of reformatory measure,
incorporate them into the annual budget estimates of the Ministry of Public Security
and send them to the Finance Ministry for consideration and submission to the
competent authorities for decision.
2. The schools may receive the material
assistance of the local People’s Committees, domestic agencies, organizations and
individuals as well as foreign individuals and organizations for organizing the
general education, vocational guidance education and job teaching, the
procurement of learning and daily-life implements for the pupils.
Article 31.- The
provincial-level People’s Committees shall have to allot land, provide material
support and create favorable conditions for the schools in their respective
localities in the process of the latter’s operations; guide and direct the
district- and commune-level People’s Committees as well as functional bodies of
their localities to manage and create conditions for pupils who have been
released from the schools to continue their study or to find jobs, helping them
to integrate into the communities.
Chapter V
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Article 32.- Those who
violate the law provisions on the enforcement of reformatory measure shall,
depending on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability; if causing damage,
they shall have to pay compensation therefor.
Article 33.-
1. This Decree takes
effect 15 days after its signing. The previous regulations contrary to this
Decree are all now annulled.
2. The Ministry of Public Security shall have to
inspect and urge the implementation of this Decree.
Article 34.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, the presidents of the People’s Committees
of the provinces and centrally-run cities and the concerned agencies shall have
to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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