Nghị định 52/2001/NĐ-CP của Chính phủ về việc hướng dẫn thi hành biện pháp tư pháp đưa vào trường giáo dưỡng

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.-

1. The judicial measure of sending juvenile offenders to reformatory schools (hereinafter called reformatory measure for short) prescribed in the Penal Code is a measure decided by courts and applicable to juvenile offenders aged between full 14 are under 18 years, if deeming it unnecessary to impose penalties on them but necessary to send them to reformatory schools due to the nature of their violations, their personal records and living environment.

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

Article 4.-

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;

- Court’s decision on application of reformatory measure;

- 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.-

1. Persons who directly receive people sent to reformatory schools must check the dossiers, identity cards and make records on the hand-over and acceptance.

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.-

1. The enucleation of pupils in service of the work of investigation, prosecution and/or trial or in other special cases shall be effected only when there is the enucleation order of competent people at the request of the agency which is processing the case. The enucleation order and procedures shall comply with the stipulations of the Minister of Public Security.

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.-

1. Beyond their class time, the pupils must participate in labor organized by schools. The schools shall have to arrange work suited to their age groups and health conditions in order to ensure their normal physical, intellectual and moral development.

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.-

1. The food, fuel (including for public holidays, New Year festivals according to the State’s regulations) and medical rations for each pupil shall be supplied by the State budget as the rations supplied for each pupil subject to administrative violation- handling measure of sending to reformatory schools.

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.

3. The regimes on visits, meets, receipt of presents, receipt and sending of mails, prescribed in Clauses 1 and 2 of this Article shall comply with the current regulations.

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:

a) Commendation;

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.

4. If pupils violate laws, they shall be handled according to law provisions, depending on the nature and seriousness of their violations.

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.

Article 27.-The Health Ministry shall have to coordinate with the Ministry of Public Security in guiding disease prevention, medical examination and treatment as well as periodical health checks for pupils; guide and direct medical establishments to coordinate in stamping out epidemics; organize rescue and treatment in cases of mass poisoning or ailment, disease and injury which go beyond the schools’ treatment capability.

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

IMPLEMENTATION PROVISIONS

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.