Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 52/2001/ND-CP | Hanoi, August 23, 2001 |
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:
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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.
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.
All acts of infringing upon the lives, health, honor, dignity and property of pupils are strictly forbidden.
PROCEDURES FOR EXECUTION OF REFORMATORY MEASURE
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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).
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.
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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.
REGIMES FOR REFORMATORY SCHOOL PUPILS
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.
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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.
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.
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.
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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.
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.
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2. The food and rest regimes for sick, diseased, injured pupils shall be prescribed by doctors or assistant-doctors.
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.
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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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.
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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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RESPONSIBILITY OF AGENCIES IN THE ENFORCEMENT OF REFORMATORY MEASURE
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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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.
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2. The Ministry of Public Security shall have to inspect and urge the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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