Joint Circular No. 03/2025/TTLT-BCA-VKSNDTC-TANDTC dated March 01,2025 on regarding handling of certain matters concerning the imposition of administrative handling measures of "sending violators to reform schools and compulsory education establishments, compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure upon restructuring of the state apparatus
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MINISTRY OF
PUBLIC SECURITY OF VIETNAM - SUPREME PEOPLE'S PROCURACY OF VIATNAM - SUPREME
PEOPLE'S COURTOF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
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No: 03/2025/TTLT-BCA-VKSNDTC-TANDTC |
Hanoi, March 01,2025 |
JOINT CIRCULAR
REGARDING HANDLING OF CERTAIN MATTERS CONCERNING THE IMPOSITION OF ADMINISTRATIVE HANDLING MEASURES OF "SENDING VIOLATORS TO REFORM SCHOOLS AND COMPULSORY EDUCATION ESTABLISHMENTS, COMPULSORY REHABILITATION CENTERS" AND "SENDING DRUG ADDICTS AGED FROM FULL 12 TO UNDER 18 TO COMPULSORY REHABILITATION CENTERS" MEASURE UPON RESTRUCTURING OF THE STATE APPARATUS
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling of certain matters concerning the organization of the state apparatus;
The Minister of Public Security, the Procurator General of the Supreme People's Procuracy and the Chief Justice of the Supreme People's Court promulgate a Joint Circular on handling of certain matters concerning the imposition of administrative handling measures of "sending violators to reform schools and compulsory education establishments, compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure upon restructuring of the state apparatus.
Article 1. Scope and regulated entities
1. Scope
This Joint Circular provides for the handling of certain matters concerning the imposition of administrative handling measures of "sending violators to reform schools and compulsory education establishments, compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure when the Ministry of Public Security assumes responsibility for state management of rehabilitation and post- rehabilitation management after district-level police authorities are annulled.
2. Regulated entities
a) Commune-level police authorities; Police of units and localities; police units and local police departments;
b) People's Procuracies;
c) People's Courts;
d) Competent persons of agencies and units specified at points a, b and c of this clause;
dd) Relevant organizations and individuals.
Article 2. Application of laws
1. The imposition of administrative handling measures of "sending violators to reform schools and compulsory education establishments, compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure when the Ministry of Public Security assumes responsibility for state management of rehabilitation and post- rehabilitation management after district-level police authorities are annulled shall comply with this Joint Circular and the provisions of legislative documents promulgated before the effective date of this Joint Circular which are not contrary to this Joint Circular.
2. The coordination relationship among People's Procuracies, People's Courts in the imposition of administrative handling measures of "sending violators to reform schools and compulsory education establishments, compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure shall comply with the provisions of applicable laws.
Article 3. Preparation of application for imposition of "sending violators to reform schools" measure
1. The preparation of an application for imposition of "sending violators to reform schools" measure on each person specified in Article 92 of the Law on Handling of Administrative Violations 2012 (amended by Law on Amendments to the Law on Handling of Administrative Violations) (hereinafter referred to as the Law on Handling of Administrative Violations) shall comply with the following regulations:
a) With regard to a violator aged under 18 and having stable residence, the Chief of Commune Police at the place where such violator resides shall prepare an application for imposition of "sending violators to reform schools" measure.
The application includes the violator's résumé; documents on the violator's violation(s); education measure which has been imposed; the violator's report, and opinions from his/her parents or legal representative, opinions from the school where the violator is studying, or the organization or the agency where the violator is working (if any) and other relevant documents or records.
b) With regard to a violator aged under 18 without stable residence, the Chief of Commune Police at the place where such violator commits violation(s) shall prepare an application for imposition of "sending violators to reform schools" measure.
The application includes violation record, the violator's résumé; documents on the violator's violation(s); extract of previous conviction(s); education measure which has been imposed (if any); the violator's report, and opinions from his/her parents or legal representative.
2. With regard to a person aged under 18 involved in violations against law that are directly detected, investigated and entertained or accepted by an agency/unit affiliated to the provincial-level police authority and is subject to being sent to a reform school under Article 92 of the Law on Handling of Administrative Violations but not liable to criminal prosecutions, the in-charge agency/unit shall complete and transfer a violation dossier to the competent commune-level police authority to prepare an application for sending such person to a reform school. In case the violation dossier transferred by agency/unit affiliated to the provincial-level police authority is incomplete, the Chief of Commune Police shall request such agency/unit to provide additional documents within 02 working days. Within 02 working days from the date of receipt of additional documents, the Chief of Commune Police shall complete the application to petition the district-level People's Court to impose "sending violators to reform schools" measure.
1. Application for issuance of a license to use devices emitting priority signals: The application includes the violator's résumé; documents on the violator's violation(s); education measure which has been imposed; the violator's report, and opinions from his/her parents or legal representative.
3. The agency/unit affiliated to the provincial-level police authority specified in clause 2 of this Article, the commune-level police authority preparing the application shall be responsible for the legality of documents and application. After preparation of the complete application, the commune-level police authority shall notify in writing the person affected by the request for imposition of this measure, his/her parents or legal representative of the preparation of the application. These persons have the right to read the application and and keep record of necessary information within 03 working days of receipt of such notification.
Article 4. Consideration and decision to transfer applications to petition the district-level People's Courts to impose "sending violators to reform schools" measure
1. Within 01 working day after expiry of the time limit for reading application specified in clause 3, Article 3 hereof, the Chief of Commune Police shall transfer such application to petition the district-level People's Court to impose "sending violators to reform schools" measure.
2. An application for consideration and decision to impose “"sending violators to reform schools" measure by the district-level People's Court includes:
a) An application specified in Article 3 hereof and other provisions of Article 13 of the Government's Decree No. 140/2021/ND-CP;
b) Written request of Chief of the Commune Police for consideration of imposition of "sending violators to reform schools" measure.
Article 5. Preparation of application for imposition of "sending violators to compulsory educational establishments" measure
1. The preparation of an application for imposition of "sending violators to compulsory educational establishments" measure on each person specified in Article 92 of the Law on Handling of Administrative Violations shall comply with the following regulations:
a) With regard to a violator having stable residence, the Chief of Commune Police at the place where such violator resides shall prepare an application for imposition of " sending violators to compulsory educational establishments " measure.
The application includes the violator's résumé; documents on the violator's violation(s); “compulsory education in the community” measure which has been imposed; the report of such violator or his/her legal representative; and other relevant documents;
b) With regard to a violator who does not reside at the place where he/she commits administrative violation(s), the Chief of Commune Police shall make verification; in case the violator's residence is defined, such violator shall be transferred to his/her residence for handling; in case the violator's residence is not defined, the Chief of Commune Police shall prepare an application for imposition of "sending violators to compulsory educational establishments" measure.
The application includes violation record, the violator's résumé; documents on the violator's violation(s); extract of previous conviction(s); education measure which has been imposed (if any); the report of such violator or his/her legal representative.
2. An application for imposition of "sending violators to compulsory educational establishments" measure prescribed in clause 3, Article 118 of the Law on Handling of Administrative Violations prepared by the Director of a compulsory rehabilitation center includes: an existing compulsory rehabilitation dossier; record of new violations; the written request of the Director of the compulsory rehabilitation center sent to the Chief of Commune Police for imposition of "sending violators to compulsory educational establishments" measure.
3. With regard to a person involved in violations against law that are directly detected, investigated and entertained or accepted by an agency/unit affiliated to the provincial-level police authority and is subject to being sent to a compulsory educational establishment under Article 94 of the Law on Handling of Administrative Violations but not liable to criminal prosecutions, the in-charge agency/unit shall complete and transfer a violation dossier to the competent commune-level police authority to prepare an application for imposition of "sending violators to compulsory educational establishments" measure on such person.
The application includes the violator's résumé; documents on the violator's violation(s); “compulsory education in the community” measure which has been imposed; the report of such violator or his/her legal representative;
4. The Director of a compulsory rehabilitation center specified in clause 2 of this Article, the agency/unit affiliated to the provincial-level police authority specified in clause 3 of this Article, the commune-level police authority preparing the application shall be responsible for the legality of documents and application. After preparation of the complete application, the commune-level police authority shall notify in writing the person affected by the request for imposition of this measure or his/her legal representative of the preparation of the application. These persons have the right to read the application and and keep record of necessary information within 3 working days of receipt of such notification.
Article 6. Consideration and decision to transfer applications to petition the district-level People's Courts to impose "sending violators to compulsory educational establishments" measure
1. With regard to an application prepared by the Chief of Commune Police, within 01 working day after expiry of the time limit for reading application specified in clause 4, Article 5 hereof, the Chief of Commune Police shall transfer such application to petition the district-level People's Court to impose "sending violators to compulsory educational establishments" measure.
2. With regard to an application prepared by the Director of the compulsory rehabilitation center under clause 2, Article 5 hereof, within 01 working day after making a record of new violations prescribed in Clause 3, Article 118 of the Law on Handling of Administrative Violations, the Director of the compulsory rehabilitation center shall send the application to the Chief of Commune Police at the place where the center is headquarted.
Within 02 working days after receipt of the application, the Chief of Commune Police shall decide on transfer such application to petition the district-level People's Courts to impose "sending violators to compulsory educational establishments" measure. In case the application is incomplete, the Chief of Commune Police shall give it back to the Director of the compulsory rehabilitation center to provide additional documents within 02 working days from the date of receipt of the returned application.
Within 02 working days after receipt of the updated application, the Chief of Commune Police shall decide on transfer such application to petition the district-level People's Courts to impose "sending violators to compulsory educational establishments" measure.
3. An application for consideration and decision to impose “"sending violators to compulsory educational establishments" measure by the district-level People's Court includes:
a) An application specified in Article 5 hereof and other provisions of Article 27 of Decree No. 140/2021/ND-CP;
b) Written request of Chief of the Commune Police for consideration of imposition of "sending violators to compulsory educational establishments" measure.
Article 7. Preparation of application for imposition of "sending drug addicts aged full 18 or older to compulsory rehabilitation centers" measure
1. The preparation of an application for imposition of "sending drug addicts to compulsory rehabilitation centers" measure on each person specified in Article 96 of the Law on Handling of Administrative Violations shall comply with the following regulations:
a) With regard to a drug addict having stable residence, the Chief of Commune Police at area where such drug addict resides shall prepare an application for imposition of "sending drug addicts to compulsory rehabilitation centers" measure.
b) With regard to a drug addict without stable residence, the Chief of Commune Police at the place where such drug addict commits violation(s) shall prepare an application for imposition of "sending drug addicts to compulsory rehabilitation centers" measure.
c) With regard to a drug addict involved in violations against law that are directly detected, investigated and entertained or accepted by an agency/unit affiliated to the provincial-level police authority and is subject to being sent to a compulsory rehabilitation center under Article 96 of the Law on Handling of Administrative Violations, the in-charge agency/unit shall complete and transfer a violation dossier to the competent commune-level police authority to prepare an application for imposition of "sending drug addicts to compulsory rehabilitation centers" measure on such person in accordance with regulations of points a and b of this clause;
d) An application specified at points a, b and c of this clause includes violation record; the drug addict's résumé; documents proving the drug addiction; the report of the drug addict or his/her legal representative; and other relevant documents;
dd) With regard to a drug addict who self-report his/her drug addiction to the Chief of Commune Police and submit an application for rehabilitation at a compulsory rehabilitation center, an application includes an application form for voluntary rehabilitation; résumé; documents proving the drug addiction; the report of the drug addict or his/her legal representative; and other relevant documents;
Documents proving the drug addiction shall comply with the following regulations: The drug addict shall submit a drug addiction test result form issued within last 06 months; in case the drug addict has no or has a drug addiction test result form issued before last 06 months, the commune-level police authority shall provide guidelines on drug addiction testing for such drug addict.
2. The agency/unit affiliated to the provincial-level police authority specified in point c, clause 1 of this Article, the commune-level police authority preparing the application shall be responsible for the legality of documents and application. After preparation of the complete application, the commune-level police authority shall notify in writing the person affected by the request for imposition of this measure or his/her legal representative of the preparation of the application. These persons have the right to read the application and and keep record of necessary information within 3 working days of receipt of such notification.
Article 8. Consideration and decision to transfer applications to petition the district-level People's Courts to impose "sending drug addicts aged full 18 or older to compulsory rehabilitation centers" measure
1. Within 01 working day after expiry of the time limit for reading application specified in clause 2, Article 7 hereof, the Chief of Commune Police shall transfer such application to petition the district-level People's Court to impose "sending drug addicts to compulsory rehabilitation centers" measure.
2. An application for consideration and decision to impose "sending drug addicts to compulsory rehabilitation centers" measure" by the district-level People's Court includes:
a) An application specified in Article 7 hereof and other provisions of Article 41 of the Government's Decree No. 116/2021/ND-CP;
b) Written request of Chief of the Commune Police for consideration of imposition of "sending drug addicts to compulsory rehabilitation centers" measure.
Article 9. Preparation of application for imposition of "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure
1. The preparation of an application for imposition of "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure shall comply with the following regulations:
a) Chief of Commune Police at the place where a drug addict resides or commit violation(s) in case of unverified residence shall prepare an application for imposition of "sending drug addicts to compulsory rehabilitation centers" measure.
b) In case a drug addict who is directly detected by an agency/unit affiliated to the provincial-level police authority is a person aged from full12 to under 18 and subject to being sent to a compulsory rehabilitation center, the in-charge agency/unit shall verify, collect documents, and transfer them to the competent commune-level police authority to prepare an application for sending such drug addict to a compulsory rehabilitation center. In case of insufficient documents on the drug addict's violation(s), the Chief of Commune Police requests the in-charge agency/unit to provide additional documents within 02 working days.
Within 02 working days after receipt of additional documents, the Chief of Commune Police shall complete an application to petition the district-level People's Courts to impose "sending drug addicts to compulsory rehabilitation centers" measure.
c) The application includes the drug addict's résumé; violation record; documents proving the drug addiction; the report of the drug addict or his/her legal representative; opinions from his/her parents, guardian or legal representative.
2. The agency/unit affiliated to the provincial-level police authority specified in point b, clause 1 of this Article, the commune-level police authority preparing the application shall be responsible for the legality of documents and application.
Article 8. Consideration and decision to transfer applications to petition the district-level People's Courts to impose "sending drug addicts aged full 18 or older to compulsory rehabilitation centers" measure
1. After preparation of the complete application, the commune-level police authority shall notify in writing the person affected by the request for imposition of "sending drug addicts to compulsory rehabilitation centers" measure, his/her parents, guardian or legal representative of the preparation of the application. These persons have the right to read the application and and give their opinions on the preparation of the application within 3 working days of receipt of such notification.
2. Within 03 working day after expiry of the time limit for reading the application, the competent commune-level police authority preparing the application shall transfer such application to petition the district-level People's Court to impose "sending drug addicts to compulsory rehabilitation centers" measure.
3. An application for consideration and decision to impose “"sending drug addicts to compulsory rehabilitation centers" measure" by the district-level People's Court includes:
a) An application specified in Article 9 hereof and other provisions of Article 51 of Decree No. 116/2021/ND-CP;
b) Written request of Chief of the Commune Police for consideration of imposition of "sending drug addicts to compulsory rehabilitation centers" measure. Written request of Chief of the Commune Police must specify opinions on protection of children's rights.
Article 11. Execution of decision on imposition of “sending violators to reform schools/compulsory educational establishments/compulsory rehabilitation centers” measure
Commune-level police authorities shall execute decisions on imposition of the “sending violators to reform schools/compulsory educational establishments/compulsory rehabilitation centers” measure within 05 days after receipt of the decision.
Article 12. Execution of decision on compulsory execution of decision on imposition of “sending violators to reform schools/compulsory educational establishments/compulsory rehabilitation centers” measure
1. A person who is entitled to stay or suspension of execution of the decision on imposition of the “sending violator to reform school/compulsory educational establishment/compulsory rehabilitation center” measure shall present himself/herself at the commune-level police authority at the place where such person resides.
2. A decision on compulsory execution of decision on imposition of “sending violators to reform schools/compulsory educational establishments/compulsory rehabilitation centers” measure shall be sent to the commune-level police authority in charge of decision execution. Immediately after receiving the decision, the commune-level police authority shall escort the violator.
Article 13. Pursuing persons who obtain decisions to send violators to reform schools, compulsory educational establishments, and compulsory rehabilitation centers if they take flight
1. In case a person obtaining the decision to send him/her to reform school/compulsory educational establishment/compulsory rehabilitation center takes flight before being sent to school/establishment/center, the commune-level police authority preparing the application shall make a decision to pursue such person.
2. In case a person obtaining the decision to send him/her to reform school specified in Clause 1, Article 132 of the Law on Handling of Administrative Violations is full 18 years of age at the time he/she is successfully found, if all necessary conditions for forcing him/her to be subject to the “sending violators to compulsory educational establishments” measure exist, the commune-level police authority preparing the application shall file a request to the district-level People's Court to consider and decide to impose this measure on such person.
Article 14. Sending report on preparation of application for imposition of "sending violators to reform schools, compulsory educational establishments, and compulsory rehabilitation centers" measures to province-level police authorities
Immediately after completely prepare an application for imposition of "sending violators to reform schools/ compulsory educational establishments/compulsory rehabilitation centers" measure or "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure, the commune-level police authority preparing the application shall send a report to the provincial-level police authority for monitoring.
Article 15. Use of forms involved in imposition of administrative handling measures of "sending violators to reform schools, compulsory educational establishments, and compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure
The components of applications specified in this Joint Circular shall be made in Forms issued together with the Government's Decree No. 140/2021/ND-CP and the Government's Decree No. 116/2021/ND-CP.
Article 16. Transitional provisions
1. From the effective date of this Joint Circular, the district-level police authorities and Divisions of Labor, War Invalids and Social Affairs shall transfer all applications for imposition of administrative handling measures of "sending violators to reform schools, compulsory educational establishments, and compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure that they are processing to the competent commune-level police authorities in accordance with the provisions of this Joint Circular for further processing.
2. From the effective date of this Joint Circular, in case provision of additional documents to applications for imposition of administrative handling measures of "sending violators to reform schools, compulsory educational establishments, and compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure that are being accepted and processed by district-level People's Courts is required, district-level People's Courts shall transfer those to application-preparing authorities for completion. With regard to an application prepared by the district-level police authority, the district-level People's Court shall file a request the province-level police authority to assign the commune-level police authority to receive such application for further processing.
3. From the effective date of this Joint Circular, in case the district-level People's Courts have not yet held meetings for consideration and decision concerning applications for imposition of administrative handling measures of "sending violators to reform schools, compulsory educational establishments, and compulsory rehabilitation centers" and "sending drug addicts aged from full 12 to under 18 to compulsory rehabilitation centers" measure that they are accepting and processing, the district-level People's Courts shall request commune-level police authorities to assist Chairpersons of Commune-level People's Committee in preparing an application for attending the meeting.
Article 17. Entry into force
This Joint Circular comes into force from March 1, 2025.
Article 18. Responsibility for implementation
The Ministry of Public Security, the Supreme People's Procuracy and the Supreme People's Court shall direct and organize the uniform implementation of this Joint Circular.
Any issue that arises during the implementation of this Joint Circular, to which the provision of guidelines or amendment to regulations is required, should be promptly reported to the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court for timely guidance and settlement./.
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PP. CHIEF
JUSTICE OF THE SUPREME PEOPLE'S COURT |
PP. CHIEF
PROSECUTOR OF SUPREME PEOPLE'S PROCURACY |
PP. MINISTER OF
PUBLIC SECURITY |
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