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.