Law on Justice for Minors, No. 59/2024/QH15

LAW

ON JUSTICE FOR MINORS^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Justice for Minors.

Part One

GENERAL PROVISIONS

Chapter I

SCOPE OF REGULATION AND FUNDAMENTAL PRINCIPLES

Article 1. Scope of regulation

This Law provides the diversionary handling of and penalties for juvenile offenders; litigation procedures for minors for who are denounced, proposed for institution of criminal proceedings, held in emergency cases, charged with a crime, victims or witnesses; execution of imprisonment sentences and community reintegration for minors; and tasks, powers and responsibilities of agencies, organizations, individuals and families in juvenile justice activities.

Article 2. Application of the Law on Justice for Minors and relevant laws

The receipt and settlement of sources of information about crimes, institution and settlement of criminal cases, diversionary handling, execution of imprisonment sentences and community reintegration for minors must comply with this Law, and the Penal Code, the Criminal Procedure Code, the Law on Execution of Criminal Judgments and other laws that are not contrary to this Law.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Juvenile offender means an offender defined in the Penal Code who is aged between full 14 years and under 18 years.

2. Minor charged with a crime means an arrestee, a person held in custody, an accused or a defendant who is aged between full 14 years and under 18 years.

3. Minor victim means a person aged under 18 years who directly suffers physical, mental or property damage caused by crimes or threatened to be caused.

4. Minor witness means a person aged under 18 years who knows the circumstances related to the sources of information about a crime and a case and is summoned by the agency competent to conduct proceedings to act as a witness.

5. Persons serving diversionary measures include persons serving diversionary measures in the community and persons compelled to serve education measures at a reformatory, and students of reformatories.

6. Representatives of minors include:

a/ Parents;

b/ Guardians;

c/ Persons appointed by the court.

7. Justice for minors means regulations on policies and measures for handling minors; friendly procedures in diversionary handling, receipt and settlement of sources of information about crimes, institution of criminal proceedings, investigation, prosecution, adjudication, execution of imprisonment sentences, and community reintegration for minors; and tasks, powers and responsibilities of related agencies, organizations and individuals.

8. Diversionary measures means supervision, education and prevention measures applied to juvenile offenders, including the diversionary measures in the community specified in Clauses 1 thru 11, Article 36 of this Law and the education measures at a reformatory specified in Clause 12, Article 36 of this Law.

9. Diversionary procedures means procedures for considering and deciding on the application of diversionary measures to minors who are the accused or defendants in accordance with this Law.

10. Social workers in juvenile justice activities (below referred to as social workers) include civil servants, public employees and employees engaged in social work, commune-level child protection workers, commune-level civil servants engaged in socio-cultural work and other social workers in accordance with law.

11. Social investigation report means a report prepared by a social worker to provide information about personal records, family circumstances, living environment, learning situation, health status and maturity of a minor and other information related to and affecting criminal offenses of the minor who is the accused or a defendant.

12. Diversion plan means a plan formulated by a social worker to propose the application of diversionary measures in the community, and the support, supervision and education for minors serving diversionary measures in the community.

Article 4. Funding, expenses and support for juvenile justice activities

1. Juvenile justice activities shall be funded by the state budget and other lawful funding sources in accordance with law.

2. The state budget shall provide funds for:

a/ Physical foundations for carrying out minor-friendly litigation procedures;

b/ Implementation of electronic supervision measures;

c/ Implementation of decisions on application of diversionary measures in the community;

d/ Implementation of decisions on application of education measures at a reformatory;

dd/ Physical foundations of reformatories, private prisons, sub-prisons, and detention zones exclusively reserved for minors; diet, clothing, accommodations, daily necessities, medical care, education, career orientation education, vocational training, labor, cultural, artistic and entertainment activities for students of reformatories and minor prisoners;

e/ The Child Protection Fund’s expenses for juvenile justice activities;

g/ Professional training and further training for social workers and persons directly supervising the implementation of decisions on application of diversionary measures;

h/ Expenses for social workers participating in proceedings, persons directly supervising the implementation of decisions on application of diversionary measures, and persons appointed to assist minors in community reintegration; expenses for medical, psychological, educational and sociological experts, representatives of education institutions and vocational education institutions, representatives of the Vietnam Fatherland Front and its member organizations, and other agencies, organizations and individuals participating in the process of settling matters and cases at the request of competent agencies and persons;

i/ Other contents for juvenile justice activities in accordance with relevant laws.

3. Reformatories may receive material assistance from local administrations, domestic agencies, organizations and individuals, and foreign individuals and organizations to organize education, career orientation education and vocational training, and procure school supplies and household items for students.

4. The Government shall detail this Article.

Article 5. Assurance of the best interests

1. When settling matters or cases involving minors, it is required to ensure their best interests.

2. The penal liability examination for juvenile offenders is only applied in necessary cases and mainly for the purposes of educating and helping them correct their mistakes, develop healthily and become useful citizens for the society.

3. The handling of juvenile offenders shall be based on their offenses, personal records, age, maturity and cognitive ability concerning the danger of offenses to the society, causes and conditions for commission of crimes and requirements of crime prevention.

4. To ensure the safety of minors in the course of conducting proceedings and implementing education measures at a reformatory and executing imprisonment sentences in accordance with law.

5. To provide support as timely and quickly as possible to minors.

Article 6. Assurance of friendly litigation procedures

Litigation procedures for minors must be simple, friendly, and suitable to the psychology, age, maturity and cognitive ability of minors.

Article 7. Equal treatment

1. To ensure fairness, non-stigmatization and non-discrimination against minors.

2. To pay attention to legitimate needs of minors based on their gender, ethnic minority minors, and vulnerable people.

Article 8. The right to complete and timely information

Minors have the right to be fully and promptly informed of contents related to the settlement of matters and cases in a simple, friendly and easy-to-understand language.

Article 9. Guarantee of the right to have representatives

Minors are guaranteed to have their representatives participating in the process of settling matters or cases.

Article 10. Quick and prompt settlement

The settlement of matters and cases involving minors must be as quick as possible, limiting the extension of time limits and prioritizing the application of fast-track procedures.

Article 11. Prioritizing the application of diversionary measures

1. Diversionary measures shall be prioritized for application to juvenile offenders in all stages of investigation, prosecution and adjudication.

2. The application of diversionary measures must be consistent with interests of juvenile offenders and the community.

Article 12. Application of penalties

1. Penalties applied to juvenile offenders are mainly aimed at educating them to respect and abide by law and moral and lifestyle norms, and prevent them from committing new crimes, and aimed at preventing and fighting crimes.

2. The court shall only impose penalties on juvenile offenders if deeming that the application of diversionary measures is not effective in terms of education and prevention. In case it is required to impose penalties, priority shall be given to the application of warning, fine, non-custodial reform, or suspended sentence.

3. Not to impose life imprisonment or death penalty on juvenile offenders.

4. The court shall only impose termed imprisonment on juvenile offenders when deeming that other penalties and measures have no deterrent or preventive effect.

5. When imposing a termed imprisonment, the court shall grant juvenile offenders a sentence lighter than that applicable to adult offenders for the corresponding crime and for the shortest appropriate term.

6. No additional penalties shall be imposed on juvenile offenders.

7. Judgments already pronounced for juvenile offenders in the following cases will not be considered for determining recidivism or dangerous recidivism:

a/ Persons aged between full 14 years and under 16 years who commit crimes;

b/ Persons aged between full 16 years and under 18 years who commit less serious crimes, serious crimes or very serious crimes unintentionally.

Article 13. Assurance of confidentiality of personal secrets

1. Personal secrets of minors shall be respected and protected in the process of receipt and settlement of sources of information about crimes, institution of criminal proceedings, investigation, prosecution, adjudication, diversionary handling, judgment execution and community reintegration.

2. The court shall hold in-camera trial for criminal cases involving minors who suffer sexual abuse or other special cases requiring the protection of minors.

3. In case a minor victim or a minor witness participates in proceedings, an isolation room or other protective measures shall be arranged.

Article 14. The right to defense, the right to legal aid and interpretation

1. Minors charged with a crime must have a defense counsel.

2. Agencies and persons competent to conduct proceedings shall notify, explain, and ensure that minors charged with a crime fully exercise their right to defense in accordance with law.

3. Minors participating in criminal proceedings are entitled to free legal aid and interpretation.

Article 15. Minimization of the application of preventive measures and coercive measures

1. Preventive measures and coercive measures shall be applied to minors only in cases of real necessity.

2. The measure of holding in custody or temporary detention shall be applied to minors only when there are grounds to believe that the application of other preventive measures is ineffective.

Agencies and persons competent to conduct proceedings shall regularly monitor, review and inspect the holding in custody and temporary detention of minors held in custody or temporarily detained; if detecting that there are no more grounds or it is no longer necessary to hold in custody or detain minors, such agencies and persons shall promptly issue decisions to cancel such measures and replace them with other preventive measures.

Article 16. Specialization in juvenile justice activities

Investigators, procurators and judges settling matters or cases involving minors must be persons who have been trained or further trained or have experience in investigating, prosecuting or adjudicating cases involving minors or have necessary knowledge about psychology or educational science for minors.

Article 17. Guarantee and respect for the right to participation and expression of opinions

1. Minors have the right to participation and expression of their opinions on matters related to their rights and obligations throughout the process of proceedings. The opinions expressed by minors shall be respected and not considered unreliable just because of their age. The fact that minors do not plead guilty is not considered a ground for imposing heavier liabilities on them.

2. Agencies and persons competent to conduct proceedings shall listen to the opinions and aspirations and pay attention to the attitudes of minors as suitable to their age, gender, maturity and development.

Article 18. Assurance of the effect of decisions on application of diversionary measures

1. Legally effective decisions on application of diversionary measures shall be respected by agencies, organizations and individuals, and strictly abided by related agencies, organizations and individuals.

2. Agencies, organizations and individuals shall, within the ambit of their tasks and powers, coordinate with, and comply with requests and proposals of, competent agencies and persons in implementation of decisions on application of diversionary measures.

Article 19. Assurance of appropriate implementation of education measures at a reformatory and execution of imprisonment sentences

1. The implementation of education measures at a reformatory and the execution of imprisonment sentences must ensure that minors are protected, educated, rehabilitated and reintegrated into the community.

2. Reformatories and prisons must have physical foundations suitable to the age, gender and development of minors.

3. Minors shall serve their imprisonment sentences in prisons, sub-prisons or detention zones exclusively reserved for minors as prisoners.

Article 20. Assurance of community reintegration

1. To ensure favorable conditions for minors who have completely served education measures at a reformatory or completely served their imprisonment sentences to reintegrate into the community and stabilize their lives, and for preventing them from reoffending.

2. To ensure the participation of agencies, organizations, individuals and families in community reintegration in accordance with law.

3. It is prohibited to practice stigmatization or discrimination against minors who have completely served education measures at a reformatory or have completely served their imprisonment sentences.

Chapter II

RIGHTS AND OBLIGATIONS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN JUVENILE JUSTICE ACTIVITIES

Article 21. Rights and obligations of minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with a crime

1. Minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with a crime have the following rights and obligations:

a/ Rights and obligations specified in the Criminal Procedure Code;

b/ To have representatives participating in proceedings;

c/ To be entitled to support from medical, psychological, educational and sociological experts in case of necessity;

d/ To be fully and promptly informed of the contents related to the settlement of matters or cases in a simple, friendly and easy-to-understand language;

dd/ To have their personal secrets kept confidential throughout the course of settlement of matters or cases;

e/ To be entitled to legal aid in accordance with law;

g/ To be notified of and explained about their rights and obligations in accordance with this Law;

h/ Other rights and obligations as specified in this Law.

2. In addition to the rights and obligations specified in Clause 1 of this Article, minors who are the accused or defendants also have the following rights and obligations:

a/ To request the application of diversionary measures;

b/ To be entitled to the support of social workers in the course of proceedings;

c/ To complain about decisions on application of diversionary measures.

Article 22. Rights and obligations of minor victims and minor witnesses

1. Minor victims have the following rights and obligations:

a/ The rights and obligations specified in the Criminal Procedure Code;

b/ To have representatives participating in proceedings;

c/ To be entitled to support from medical, psychological, educational and sociological experts in case of necessity;

d/ To be fully and promptly informed of the contents related to the settlement of matters or cases in a simple, friendly and easy-to-understand language;

dd/ To have their personal secrets kept confidential throughout the course of settlement of matters or cases;

e/ To be entitled to legal aid in accordance with law;

g/ To be notified of and explained about their rights and obligations in accordance with this Law;

h/ To be entitled to the support of social workers in the course of proceedings;

i/ To be entitled to compensation for damage and support in accordance with this Law and other relevant laws;

k/ To complain about decisions on application of diversionary measures;

l/ Other rights and obligations specified in by this Law.

2. Minor witnesses have the rights and obligations specified at Points a thru g, Clause 1 of this Article and other rights and obligations specified in this Law.

Article 23. Rights and obligations of persons serving diversionary measures

1. Persons serving diversionary measures have the following rights:

a/ To be notified of and explained about their rights and obligations in accordance with this Law;

b/ To work, study, and be provided with career orientation and vocational training; to participate in programs on counselling and life skills development;

c/ To present their aspirations and proposals to chairpersons of commune-level People’s Committees and persons directly supervising the implementation of decisions on application of diversionary measures; and principals, officials and teachers of reformatories;

d/ To have their personal secrets kept confidential in the course of serving diversionary measures;

dd/ To be granted a certificate of completion of the serving of diversionary measures;

e/ To be provided with guidance on performance of procedures for temporary absence declaration, permanent residence registration or temporary residence registration when executing decisions on application of diversionary measures in the community.

2. Persons serving diversionary measures have the following obligations:

a/ To comply with decisions on application of diversionary measures;

b/ To comply with law, and abide by rules and regulations of places of residence and places of study or work;

c/ To submit to the supervision and education by competent agencies, organizations and persons during the time of executing decisions on application of diversionary measures;

d/ To report on the serving of diversionary measures when requested;

dd/ To present themselves at competent agencies when requested during the time of serving decisions on application of diversionary measures in the community.

3. Other rights and obligations specified by law.

Article 24. Rights and obligations of minor prisoners

1. Rights and obligations prescribed by the Law on Execution of Criminal Judgments.

2. To have their personal secrets kept confidential in the course of serving their imprisonment sentences.

3. To be entitled to education in conformity with their education level as prescribed by the education law.

4. To participate in cultural, artistic, physical training, sports and other recreational activities organized by prisons in conformity with their age and gender.

5. To be notified of and explained about their rights and obligations in accordance with this Law.

6. Other rights and obligations as prescribed by this Law.

Article 25. Determining the age of minors charged with a crime or minor victims

1. The age of minors charged with a crime or minor victims shall be determined by agencies or persons competent to conduct proceedings in accordance with law. The age determination shall be based on one of the following papers and documents: temporary birth certificate, birth certificate, people’s identity card, citizen identity card, identity card, identity certificate or passport, or information in the National Population Database and other specialized databases.

In case papers, documents or information in the above-mentioned databases are contradictory, unclear or are not available, agencies or persons competent to conduct proceedings shall coordinate with families, representatives, relatives, education institutions, vocational education institutions, the Ho Chi Minh Communist Youth Union or other related organizations and individuals where such minors study, work or live in order to verify and clarify contradictions or find other papers and documents proving their age.

2. If lawful measures have been applied but it is impossible to determine the exact age of minors, their date and month of birth shall be determined as follows:

a/ In case it is possible to determine the month of birth but impossible to determine the date of birth, the last day of that month shall be taken as the date of birth;

b/ In case it is possible to determine the quarter of birth but impossible to determine the date and month of birth, the last day of the last month in that quarter shall be taken as the date and month of birth;

c/ In case it is possible to determine half of the year of birth but impossible to determine the date and month of birth, the last day of the last month in that half year shall be taken as the date and month of birth;

d/ In case it is possible to determine the year of birth but impossible to determine the date and month of birth, the last day of the last month of that year shall be taken as the date and month of birth.

3. In case it is impossible to determine the year of birth of minors, an assessment shall be conducted to determine the age of minors.

Article 26. National Council for Juvenile Justice

1. The National Council for Juvenile Justice shall be established by the Prime Minister. Members of the National Council for Juvenile Justice shall be decided by the Prime Minister at the proposal of the Council’s standing body.

2. The National Council for Juvenile Justice shall operate under the mechanism of interdisciplinary coordination. Members of the National Council for Juvenile Justice shall perform their assigned tasks and powers and work on a part-time basis.

3. The National Council for Juvenile Justice has the following tasks and powers:

a/ To direct and urge ministries and sectors to settle juvenile justice issues;

b/ To propose orientations and solutions for the settlement of juvenile justice issues;

c/ To coordinate with agencies of the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy, the Vietnam Fatherland Front and its member organizations, social organizations and socio-professional organizations in carrying out juvenile justice activities;

d/ To direct and urge ministries and sectors to include information about results of the performance of tasks related to juvenile justice in their annual work reports for submission to the National Assembly;

dd/ To direct and urge social work concerning juvenile justice activities; to direct the announcement of the list of social workers in juvenile justice activities, and provide professional training and further training for social workers in juvenile justice activities;

e/ To direct the work of statistics, information and reporting on juvenile justice activities;

g/ To perform other tasks at the request of the Prime Minister and competent agencies.

4. The Government shall detail this Article.

Article 27. Standing body of the National Council for Juvenile Justice

1. The standing body of the National Council for Juvenile Justice is the Ministry of Public Security.

2. The standing body has the following tasks and powers:

a/ To assist the National Council for Juvenile Justice in organizing the implementation of the Council’s tasks and powers;

b/ To annually report on the Council’s activities to the Government;

c/ Other tasks and powers specified in this Law and other relevant laws.

3. The Government shall detail this Article.

Article 28. Responsibilities of agencies and persons competent to conduct proceedings

1. Agencies and persons competent to conduct proceedings shall strictly comply with the regulations on diversionary handling, penalties, litigation procedures and other responsibilities in accordance with law; and guarantee the lawful rights and interests of minors.

2. Agencies and persons competent to conduct proceedings shall provide necessary information on the process of diversionary handling and litigation procedures, and the exercise of rights and performance of obligations for proceedings participants who are minors, their representatives, defense counsels and defenders of their lawful rights and interests.

Article 29. Persons conducting proceedings

1. Investigators, procurators and judges conducting juvenile justice activities must satisfy one of the following conditions:

a/ Having been trained or further trained in the skills of settling cases involving minors;

b/ Having experience in investigating, prosecuting and adjudicating cases involving minors;

c/ Having been trained or further trained in psychology and education science for minors.

2. Among jurors participating in the first-instance trial of cases involving minors, there must be at least one teacher or official of the Ho Chi Minh Communist Youth or person with experience in the field of justice, management, training, protection, care or education for minors, or person trained in psychology and education science for minors.

Article 30. Responsibilities of the Vietnam Fatherland Front and its member organizations

1. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, mobilize its/their members and people of all strata to implement this Law; and participate in carrying out supervision and social criticism in the field of juvenile justice.

2. The Vietnam Fatherland Front shall mobilize its member organizations to support, assist, and protect the lawful rights and interests of, minors in juvenile justice activities.

Article 31. Responsibilities of other agencies, organizations and individuals

1. Other agencies, organizations and individuals have the following responsibilities:

a/ To closely and promptly coordinate with agencies and persons competent to conduct proceedings;

b/ To support, and create conditions for, minors to exercise their rights and perform their obligations;

c/ To coordinate, and exchange information, with agencies and persons competent to conduct proceedings;

d/ To support minors to reintegrate into the community, and provide vocational training and employment support for minors when they reach the working age;

dd/ To perform other tasks as specified by law.

2. Representatives, defense counsels, and defenders of the lawful rights and interests of minors; representatives of education institutions or vocational education institutions, the Ho Chi Minh Communist Youth, the Vietnam Women’s Union, and other related agencies, organizations and individuals shall show up and fully participate in procedural activities and other activities as decided or requested by competent agencies and persons.

3. Reformatories and prisons shall ensure the strict observance of the regulations on implementation of education measures at a reformatory, execution of imprisonment sentences and community reintegration, and other responsibilities as prescribed by law; and ensure the lawful rights and interests of minors.

Reformatories and prisons shall improve the capacity of officials and teachers in terms of management and education skills suitable for minors.

4. Legal aid organizations and bar associations shall provide further training and guidance for legal aid officers and lawyers in skills for granting defense and protection of lawful rights and interests for minors, and skills for providing legal aid for minors.

Article 32. Social workers

1. Social workers in juvenile justice activities must satisfy the following conditions:

a/ Having legal knowledge concerning minors;

b/ Having been trained or further trained in psychology and education science for minors or having experience and knowledge of psychology of minors or having skills for communication with minors.

2. Social workers who participate in juvenile justice activities have the following tasks and powers:

a/ To prepare social investigation reports and diversion plans;

b/ To participate in providing appropriate support and intervention for minors when requested;

c/ To participate in meetings and court hearings in accordance with this Law;

d/ To participate in implementation of decisions on application of diversionary measures in the community and community reintegration for minors in accordance with law;

dd/ To be paid expenses for participating in juvenile justice activities in accordance with law;

e/ To perform other tasks and exercise other powers as specified in this Law.

3. Social workers shall participate in juvenile justice activities for specific matters and cases.

4. A social worker may participate in providing support for more than one person charged with a crime or more than one victim, but may not simultaneously provide support for both the person charged with a crime and the victim in the same case.

5. Provincial-level People’s Committees shall announce lists of social workers in juvenile justice activities in their localities.

Article 33. Responsibilities of families

1. Parents and caregivers of minors and other family members have the following responsibilities:

a/ To comply with law and decisions of competent agencies and persons in juvenile justice activities;

b/ To regularly contact responsible agencies, organizations and individuals for obtaining guidance and assistance in the process of implementing decisions on application of diversionary measures and community reintegration for minors;

c/ To comply with decisions, measures and regulations of competent agencies and persons to ensure the safety and protection of life, health, honor, dignity, property, personal secrets and other lawful rights and interests of minors.

2. Parents or guardians of minors shall participate in the process of settling matters or cases; select defense counsels and defenders of lawful rights and interests of minors or defend and protect the lawful rights and interests of minors in the proceedings in accordance with law.

3. Parents or guardians of juvenile offenders shall pay compensation for damage and perform other responsibilities in accordance with law.

Part Two

DIVERSIONARY HANDLING OF JUVENILE OFFENDERS

Chapter III

DIVERSIONARY MEASURES

Article 34. Purposes of diversionary handling

1. To promptly and effectively handle minors.

2. To help minors change their awareness, recognize and correct mistakes they have made, train themselves to remedy and prevent causes of their offenses and educate them to become useful citizens for the society.

3. To step up the reconciliation between minors and victims affected by offenses of minors.

4. To enhance the responsibility of families and communities directly engaged in diversionary handling activities.

5. To minimize adverse impacts of criminal procedures on minors.

6. To prevent minors from reoffending and facilitate their community reintegration.

Article 35. Principles for application of diversionary measures

1. The application of diversionary measures shall be based on the nature and degree of danger of criminal offenses; the ability to educate, and rehabilitation of, juvenile offenders and the safety of victims and the community.

2. The selection of diversionary measures to be applied to juvenile offenders must be suitable to their circumstances, age and psychophysiological characteristics.

3. Juvenile offenders may be subject to one or more of diversionary measures in the community. The diversionary measures specified in Clauses 6 thru 11, Article 36 of this Law shall be applied simultaneously with one or more of the diversionary measures specified in Clauses 1 thru 5, Article 36 of this Law.

In case a juvenile offender is subject to different diversionary measures in the community but has also to perform the obligations specified at Points b, c, d and dd, Clause 2, Article 23 of this Law, the duration for obligation performance must not be longer than the maximum duration specified for the applied measure.

4. Education measures at a reformatory shall not be applied simultaneously with diversionary measures in the community.

5. Diversionary measures shall not be applied if, at the time of consideration for the application, the offender reaches full 18 years old.

Article 36. Diversionary measures

1. Reprimand.

2. Apology to the victim.

3. Compensation for damage.

4. Education in the commune, ward or township.

5. House arrest.

6. Restriction on travel hours.

7. Prohibition from contacting persons likely to cause the minor reoffend.

8. Prohibition from visiting places likely to lead to reoffending.

9. Participation in educational or vocational training programs.

10. Participation in psychological treatment or counseling.

11. Performance of community service.

12. Education at a reformatory.

Article 37. Cases of application of diversionary measures

Juvenile offenders who fall into one of the following cases, if not exempt from penal liability under the Penal Code, will be entitled to application of diversionary measures:

1. Persons aged between full 14 years and under 16 years who commit very serious crimes under the Penal Code, except the cases specified in Clauses 1 and 3, Article 38 of this Law;

2. Persons aged between full 16 years and under 18 years who unintentionally commit very serious crimes, commit serious crimes or commit less serious crimes under the Penal Code, except the cases specified in Clauses 2 and 3, Article 38 of this Law;

3. Minor accomplices who play a negligible role in the cases.

Article 38. Cases of non-application of diversionary measures

1. Persons aged between full 14 years and under 16 years are not eligible for application of diversionary measures if falling into one of the following cases, except the case specified in Clause 3, Article 37 of this Law:

a/ Committing a very serious crime with one of the following crimes: murder; rape; raping persons aged under 16 years; having forcible sexual intercourse with persons aged between full 13 years and under 16 years; or illegally producing narcotics;

b/ Committing a very serious crime for 2 times or more or committing multiple very serious crimes as prescribed by the Penal Code;

c/ Committing a particularly serious crime as prescribed by the Penal Code.

2. Persons aged between full 16 years and under 18 years are not eligible for application of diversionary measures if falling into one of the following cases, except the case specified in Clause 3, Article 37 of this Law:

a/ Committing a serious crime with one of the following crimes: rape; illegally producing narcotics; illegally stockpiling narcotics; illegally trading in narcotics; illegally transporting narcotics; or appropriating narcotics;

b/ Committing recidivism or dangerous recidivism;

c/ Intentionally committing a serious crime for 2 times or more or intentionally committing multiple serious crimes as prescribed by the Penal Code;

d/ Intentionally committing a very serious crime or committing a particularly serious crime as prescribed by the Penal Code.

3. Minors for whom diversionary measures have been applied and who reoffend.

Article 39. Conditions for application of diversionary measures

Juvenile offenders who fall into one of the cases specified in Article 37 of this Law may be entitled to application of diversionary measures when the following conditions are fully met:

1. There is evidence to believe that they have committed offenses;

2. They admit that they have committed offenses;

3. They agree in writing to the diversionary handling.

Article 40. Reprimand

1. Reprimand is the stringent criticism for a juvenile offender, which explains the damage caused by the juvenile offender and the possible consequences if he/she continues to commit the offense. Reprimand shall be enforced right at the meeting for considering and deciding on application of diversionary measures, at the court hearing or at the commune-level People’s Committee of the locality where the juvenile offender resides.

2. Reprimand may be applied to:

a/ Persons aged between full 16 years and under 18 years who unintentionally commit serious crimes or commit less serious crimes as prescribed by the Penal Code; or,

b/ Minor accomplices who play a negligible role in the cases.

3. Juvenile offenders subject to reprimand shall perform the obligations specified in Clause 2, Article 23 of this Law for between 3 months and 1 year.

Article 41. Apology to the victim

1. Apology to the victim means that a juvenile offender admits his/her mistake to the victim and wishes to be forgiven for the offense he/she has committed. Apology to the victim is enforced immediately at the meeting for considering and deciding on application of diversionary measures or at the court hearing.

2. Apology to the victim may be applied to:

 a/ Persons aged between full 14 years and under 16 years who commit very serious crimes as prescribed by the Penal Code, except the case of committing one of the crimes specified at Point a, Clause 2, Article 51 of this Law;

b/ Persons aged between full 16 years and under 18 years who commit less serious crimes or commit serious crimes as prescribed by the Penal Code, except the case of committing one of the crimes specified at Point b, Clause 2, Article 51 of this Law; or,

c/ Minor accomplices who play a negligible role in the cases.

3. Apology to the victim shall be applied with the consent of the victims or his/her representative.

4. Juvenile offenders who are subject to apology to the victim shall perform the obligations specified in Clause 2, Article 23 of this Law for between 3 months and 1 year.

Article 42. Compensation for damage

1. Compensation for damage means that a juvenile offender or his/her parent remedies the consequences of the criminal offense committed by the juvenile offender by compensating for material or mental damage caused to the life, health, honor, dignity or property of the victim.

2. Compensation for damage may be applied to:

a/ Persons aged between full 14 years and under 16 years who commit very serious crimes as prescribed by the Penal Code, except the case of committing one of the crimes specified at Point a, Clause 2, Article 51 of this Law;

b/ Persons aged between full 16 years and under 18 years who commit less serious crimes or commit serious crimes as prescribed by the Penal Code, except the case of committing one of the crimes specified at Point b, Clause 2, Article 51 of this Law; or,

c/ Minor accomplices who play a negligible role in the cases.

3. Compensation for damage shall be applied with the consent of the victims or their representatives. Competent agencies shall fix the duration for performing the obligation to compensate for damage which, however, must not exceed 1 year.

4. Juvenile offenders subject to compensation for damage shall perform the obligations specified in Clause 2, Article 23 of this Law for between 3 months and 1 year.

Article 43. Education in the commune, ward or township

1. Education in the commune, ward or township means forcing juvenile offenders to submit to the management, supervision and education by commune-level People’s Committees of the localities where they reside in terms of law observance, performance of citizen obligations, and observance of internal rules and regulations of their places of residence and places of study or work.

2. Education in the commune, ward or township may be applied to:

a/ Persons aged between full 14 years and under 16 years who commit very serious crimes as prescribed by the Penal Code, except the cases specified in Clause 3, Article 37, and commit one of the crimes specified at Point a, Clause 2, Article 51, of this Law; or,

b/ Persons aged between full 16 years and under 18 years who commit less serious crimes or commit serious crimes as prescribed by the Penal Code, except the cases specified in Clause 3, Article 37, and commit one of the crimes specified at Point b, Clause 2, Article 51, of this Law.

3. The duration for applying the measure of education in the commune, ward or township and performing the obligations specified in Clause 2, Article 23 of this Law is between 6 months and 2 years.

Article 44. House arrest

1. House arrest means forcing a juvenile offender to stay at home under the direct supervision of his/her family and he/she may leave the house only in case of necessity with the permission of the person directly supervising implementation of the decision on application of diversionary measures.

2. House arrest may be applied to:

a/ Persons aged between full 14 years and under 16 years who commit very serious crimes as prescribed by the Penal Code, except the cases specified in Clause 3, Article 37, and commit one of the crimes specified at Point a, Clause 2, Article 51, of this Law; or,

b/ Persons aged between full 16 years and under 18 years who unintentionally commit very serious crimes; or commit serious crimes as prescribed by the Penal Code, except the cases specified in Clause 3, Article 37, and commit one of the crimes specified at Point b, Clause 2, Article 51, of this Law.

3. House arrest shall be applied at the request and with the commitment of parents, paternal grandfathers/grandmothers, maternal grandfathers/grandmothers, or siblings who are adults living together with juvenile offenders in the same house. Requesters must have clear places of residence, physical foundations, and the ability to care, educate and directly supervise juvenile offenders.

4. The duration for applying the measure of house arrest and performing the obligations specified in Clause 2, Article 23 of this Law is between 3 months and 1 year.

Article 45. Restriction on travel hours

1. Restriction on travel hours means restricting a juvenile offender from leaving his/her home at a certain time between 18:00 and 06:00, except necessary cases in which the juvenile offender’s leaving his/her home is permitted by the person directly supervising implementation of the decision on application of diversionary measures.

2. The duration of application of the measure of restriction on travel hours is between 3 months and 6 months.

Article 46. Prohibition from contacting persons likely to cause the minor reoffend

1. Prohibition from contacting persons likely to cause the minor reoffend means prohibiting juvenile offenders from communicating, contacting or approaching victims, accomplices or persons who have a negative influence on behaviors of minors, posing a risk of motivating minors to reoffend.

2. The duration for application of the measure of prohibition from contacting persons likely to cause the minor reoffend is between 6 months and 1 year.

Article 47. Prohibition from visiting places likely to lead to reoffending

1. Prohibition from visiting places likely to lead to reoffending means prohibiting minors from visiting places where they have committed criminal offenses or places with environments similar to those where they have committed criminal offenses, posing a risk of motivating minors to reoffend.

2. The duration for application of the measure of prohibition from visiting places likely to lead to reoffending is between 6 months and 1 year.

Article 48. Participation in educational or vocational training programs

1. Participation in educational or vocational training programs means that juvenile offenders have to undergo training courses on law, ethics, civic obligations, behavioral skills and life skills or vocational training courses.

2. Education institutions or vocational education institutions selected by proceedings-conducting agencies shall provide training and education for minors and coordinate with persons directly supervising implementation of decisions on application of diversionary measures in implementing such measures.

3. The duration for application of the measure of participation in educational or vocational training programs must not exceed 1 year.

4. The Government shall detail this Article.

Article 49. Participation in psychological treatment or counseling

1. Psychological treatment or counseling means medical therapy or intervention aimed at overcoming mental, emotional, mood and health disorders that are causes of offenses committed by minors.

2. Medical examination and treatment establishments and other organizations with the function of providing psychological treatment or counseling that are selected by proceedings-conducting agencies shall take professional measures to provide therapy and intervention for minors and coordinate with persons directly supervising implementation of decisions on application of diversionary measures in implementing such measures.

3. The duration for application of the measure of participation in psychological treatment or counseling must not exceed 1 year.

4. The Government shall detail this Article.

Article 50. Performance of community service

1. Performance of community service means performing jobs directly serving the interests of the community in the localities where the juvenile offenders reside, including:

a/ Participating in planting and tending greeneries in public places; repairing and cleaning village roads, streets, cultural houses, community houses or other public works;

b/ Participating in other jobs aimed at improving the living environment and landscape of the community;

c/ Participating in supporting and helping the elderly, people with disabilities, and people in special circumstances or participating in other volunteer activities in order to enhance their awareness, responsibility, connection and sharing with the community.

2. The total duration for implementation of the measure of performance of community service is between 20 hours and 80 hours. The performance of community service may not last for more than 4 hours per day and 5 days per week, and may not take place from 20:00 to 06:00.

3. The implementation of the measure of performance of community service must ensure safety, avoid stigmatization and may not affect learning activities of minors.

4. The duration for application of the measure of performance of community service must not exceed 3 months.

Article 51. Education at a reformatory

1. Education at a reformatory means forcing juvenile offenders to undergo education and vocational training, work and participate in other activities under management by competent persons in education institutions with stringent disciplines in accordance with law.

2. Education at a reformatory may be applied to:

a/ Persons aged between full 14 years and under 16 years who commit very serious crimes with one of the following crimes: intentionally inflicting injury to, or causing harm to the health of, other persons; human trafficking; trafficking in persons aged under 16 years; plundering property; property robbery by snatching; illegally stockpiling narcotics; illegally transporting narcotics; illegally trading in narcotics; or appropriating narcotics, except minor accomplices who play a negligible role in the cases;

b/ Persons aged between full 16 years and under 18 years who commit serious crimes with one of the following crimes: intentionally inflicting injury to, or causing harm to the health of, other persons; or property robbery by snatching, except minor accomplices who play a negligible role in the cases;

c/ Other cases in which it is necessary to apply the measure of education at a reformatory due to the severity of offenses, or due to personal records and living environment of juvenile offenders; or,

d/ The case specified in Clause 3, Article 82 of this Law.

3. The duration for application of the measure of education at a reformatory is between 6 months and 2 years.

Chapter IV

PROCEDURES FOR CONSIDERING AND DECIDING ON APPLICATION OF DIVERSIONARY MEASURES

Section 1

GENERAL PROVISIONS

Article 52. Competence to apply diversional measures

1. Heads and deputy heads of investigation agencies and procurators and deputy procurators of procuracies are competent to apply diversional measures in the community, except cases requiring compensation for damage or confiscation of property.

2. Judges and trial panels are competent to apply the diversionary measures specified in Article 36 of this Law.

Article 53. Request for social workers’ participation in proceedings

1. Immediately after instituting criminal proceedings against the minor accused, the investigation agency shall send a written request to the social worker on the list specified in Clause 5, Article 32 of this Law for him/her to participate in proceedings. In case of necessity, the request may be made in person, by phone or other electronic means, but shall be sent in written form immediately afterward.

2. The selection of social workers must be in the following order of priority:

a/ Civil servants, public employees and employees engaged in social work who reside in the commune-level administrative units where the concerned minors reside;

b/ Civil servants, public employees and employees engaged in social work who reside in the district-level administrative units where the concerned minors reside;

c/ Commune-level child protection workers or commune-level officials engaged in socio-cultural work of the localities where the concerned minors reside;

d/ Other social workers as prescribed by law.

3. Within 1 day after receiving the request from the investigation agency, the social worker shall reply in writing about his/her participation in proceedings. In case of necessity, the notice may be made in person, by phone or other electronic means, but shall be sent in written form immediately afterward.

4. Within 1 day after the social worker confirms his/her participation in proceedings, the investigation agency shall send a written notice of the participation in proceedings and send it to the social worker. This notice must state the content of requesting the social worker to prepare a social investigation report on the minor as the accused.

A notice of a social worker’s participation in proceedings is valid throughout the process of conducting proceedings.

5. Social workers become participants in proceedings from the date of issuance of a notice of participation in proceedings.

Article 54. Preparation of social investigation reports

1. Within 7 days after receiving a notice of participation in proceedings, a social worker shall complete a social investigation report on the minor as the accused and send it to the investigation agency.

2. A social investigation report must have the following principal contents:

a/ Full name, date of birth, gender, personal identification number, and place of residence of the minor;

b/ Full name and place of residence of the minor’s representative;

c/ Full name and workplace (if any) of the social worker;

d/ Family circumstances and living environment of the minor;

dd/ Maturity of the minor;

e/ Health conditions of the minor;

g/ Study situation, education level and professional qualifications of the minor;

h/ Factors that are likely to be the causes of the minor’s criminal offense;

i/ Places likely to lead to the minor’s reoffending, and persons who have a negative influence on the minor’s behaviors (if any);

k/ Proposal on application of diversionary measures (if any).

3. Related agencies, organizations and individuals shall provide information about the minor as the accused at the request of social workers.

4. At the request of proceedings-conducting agencies, social workers shall prepare supplementary social investigation reports during the investigation, prosecution and adjudication stages.

Article 55. Consideration of the application of diversionary procedures

1. Within 15 days after the investigation agency receives the social investigation report; and within 7 days after the procuracy receives the case file and the investigation conclusion proposing prosecution, and the court receives the case file and the indictment, the head or deputy head of the investigation agency, the chief procurator or deputy chief procurator of the procuracy or the judge shall, in pursuance to Articles 35, 37, 38 and 39 of this Law, issue a notice of application or non-application of diversionary procedures.

2. A notice of application or non-application of diversionary procedures must have the following principal contents:

a/ Number, and date of issuance, of the notice;

b/ Name of the notice-issuing agency;

c/ Full name of the head or deputy head of the investigation agency, the chief procurator or deputy chief procurator of the procuracy or the judge who issued the notice;

d/ Full name, date of birth, gender, personal identification number, place of residence, occupation and education level of the minor as the accused;

dd/ Full name and place of work (if any) of the defense counsel;

e/ Reasons and grounds for issuance of the notice;

g/ The content on application or non-application of diversionary procedures;

h/ The notice addressees.

3. Notices of application or non-application of diversionary procedures shall be sent within 3 days after being issued to the minor as the accused, their representatives, defense counsels, social workers and same-level procuracies.

4. Immediately after issuing a notice of application of diversionary procedures, the investigation agency, the procuracy and the court shall proceed with the following:

a/ If deeming that the minor is eligible for the application of diversionary measures in the community, it shall send a written request to the social worker for him/her to formulate a diversion plan, except the case specified at Point b of this Clause.

The request must have information on the nature and severity of the minor’s criminal offenses and other information necessary for the formulation of a diversion plan;

b/ If deeming that the minor is eligible for the measure of diversionary handling in the community and the case file already has a diversion plan, the procuracy or the court shall consider holding a meeting under Article 59 of this Law when deeming it unnecessary to supplement the existing diversion plan or formulate a new one;

c/ If deeming that the minor is eligible for the application of the measure of education at a reformatory, the investigation agency or the procuracy shall send a written request, together with the case file, to the court for the latter to consider and decide on application of the measure of education at a reformatory.

If deeming that the minor is subject to the application of the measure of education at a reformatory, the court shall consider and decide on application of this measure.

5. In the course of applying diversionary procedures, if the case involves a claim for compensation for damage or confiscation of property, the investigation agency or the procuracy shall send a written request, together with the case file, to the court for the latter to consider and decide on application of diversionary measures and settle the issue of compensation for damage or confiscation of property.

6. In case the investigation agency requests the court to consider and decide on application of diversionary measures as specified at Point c, Clause 4, and in Clause 5, of this Article, the investigation agency shall immediately notify such to the same-level procuracy.

7. The application of diversionary procedures does not terminate necessary procedural activities for the settlement of the cases.

In case a criminal case is subject to fast-track procedures and there is a minor eligible for application of diversionary measures, the investigation agency, the procuracy or the court shall issue a decision to cancel the decision on application of fast-track procedures and settle the case in accordance with this Law and the Criminal Procedure Code.

8. When issuing a notice of non-application of diversionary procedures, the investigation agency, the procuracy or the court shall continue to settle the case in accordance with the Criminal Procedure Code and this Law.

9. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security and the Minister of National Defense in, detailing Clauses 4, 5 and 7 of this Article.

Article 56. Decision on application of diversionary measures

1. A decision on application of diversionary measures must have the following principal contents:

a/ Number, and date of issuance, of the decision;

b/ Name of the decision-issuing agency;

c/ Full name of the head or deputy head of the investigation agency, the chief procurator or deputy chief procurator of the procuracy, the judge or the trial panel that issued the decision;

d/ Full name, date of birth, gender, personal identification number, place of residence, occupation and education level of the minor;

dd/ Full name and workplace (if any) of the defense counsel;

e/ The charged crime, and applied articles, clauses and points of the Penal Code;

g/ Reasons and grounds for issuing the decision;

h/ Content on application or non-application of diversionary measures.

In case of application of a diversionary measure, it is required to state the name of the diversionary measure, duration for application of the diversionary measure, duration for performance of obligations, termination of investigation of the case for the accused or termination of the case for the accused eligible for the application of the diversionary measure, and cancellation of the deterrent or coercive measure, return of temporarily seized documents and objects (if any), handling of material evidence, and other relevant issues;

i/ Responsibilities of agencies, organizations and individuals for implementing the decision;

k/ Effect of the decision;

l/ The decision addressees.

2. Decisions on application of diversionary measures take effect from the date of announcement.

Such a decision may be lodged against, except the case specified in Clause 6, Article 151 of this Law; and may be protested against, except the cases specified in Clause 4 of this Article and Clause 6, Article 151 of this Law.

3. Within 5 days from the date of announcement of a decision on application or non-application of diversionary measures in the community, the investigation agency, the procuracy or the court shall proceed with the following:

a/ To hand the decision to the minor as the accused or his/her representative; to send the decision to the same-level procuracy and the victim, or to the same-level investigation agency in case the procuracy is the decision issuer;

b/ To send the decision on application of the diversionary measure in the community and a copy of the social investigation report to the commune-level People’s Committee of the locality where the minor resides;

c/ To send the decision on application of the diversionary measure of compensation for damage to the civil judgment enforcement agency.

4. In case the investigation agency’s decision on application or non-application of a diversionary measure is groundless or unlawful, within 5 days after receiving it, the procuracy shall proceed with the following and clearly state the reason:

a/ To issue a decision to cancel the decision on application of the diversionary measure and request the investigation agency to continue settling the case in accordance with this Law and the Criminal Procedure Code;

b/ To issue a decision to cancel the decision on non-application of the diversionary measure or the decision on application of the diversionary measure and request the investigation agency to hold a meeting for considering and deciding on application of the diversionary measure, except the case specified at Point c of this Clause.

Within 5 days after receiving the decision specified at this Point, the investigation agency shall hold a meeting for considering and deciding on application of the diversionary measure;

c/ In case the case file and the investigation conclusion proposing prosecution have been transferred to the procuracy, the procuracy shall consider and decide on application of diversionary measures in accordance with this Law.

5. Within 5 days after announcing the decision on application or non-application of the measure of education at a reformatory, the court shall:

a/ Hand the decision to the minor as the accused or his/her representative; send the decision to the same-level procuracy and the victim, and to the agency requesting the application of this measure (if any);

b/ Send the decision on application of the measure of education at a reformatory and a copy of the social investigation report to the criminal judgment execution agency of the district-level public security agency of the locality where the minor resides;

c/ Return the case file to the requesting investigation agency or procuracy in case the court refuses to accept the request for application of the measure of education at a reformatory as specified in Clause 1, Article 68 of this Law.

Article 57. Settlement of cases in which persons serving diversionary measures commit other crimes

In case a person serving a diversionary measure is examined for penal liability for another criminal offense, he/she will not be examined for the criminal offense for which the diversionary measure has been applied.

Section 2

PROCEDURES FOR CONSIDERATION AND DECISION ON THE APPLICATION OF DIVERSIONARY MEASURES IN THE COMMUNITY

Article 58. Formulation of diversion plans

1. Within 7 days after receiving a request of the investigation agency, procuracy or court, a social worker shall formulate a diversion plan and send it to the requesting agency.

2. A diversion plan must have the following principal contents:

a/ Diversionary measure(s) proposed to be applied;

b/ Time and place of implementation;

c/ Rights and obligations of minors as specified in Article 23 of this Law;

d/ Responsibilities of related agencies, organizations and individuals in the implementation of the decision on the application of diversionary measure(s).

3. In case of necessity, the social worker shall request the proceedings-conducting agency that is accepting the case for settlement to provide information or organize a meeting for formulation of a diversion plan. Such a meeting shall be chaired by the social worker and participated by the representative of the minor as the accused and may be participated by the minor as the accused, the victim or the victim’s representative.

In case of proposing the application of the diversionary measure of participation in a learning or vocational training program, or participation in psychological treatment or counseling, the social worker shall coordinate and reach agreement with an education institution or vocational education institution, medical examination and treatment establishment or other related organizations and individuals in specifically determining learning, vocational training, or psychological treatment and counseling contents and programs suitable to minors.

4. At the request of proceedings-conducting agencies, social workers shall formulate additional diversion plans in the stages of investigation, prosecution and adjudication.

Article 59. Decisions to hold meetings to consider and decide on the application of diversionary measures in the community

1. Within 3 days after receiving a diversion plan or after issuing a notice of application of diversionary procedures, if the concerned minor falls into the case specified at Point b, Clause 4, Article 55 of this Law, the head or deputy head of the investigation agency, the chief procurator or deputy chief procurator of the procuracy or the judge shall issue a decision to hold a meeting to consider and decide on the application of a diversionary measure in the community.

2. A decision on holding of a meeting must have the following principal contents:

a/ Date of issuance of the decision, name of the decision-issuing agency;

b/ Date and place of holding of an in-person or online meeting;

c/ Full name, date of birth, gender, personal identification number, and place of residence of the minor as the accused;

d/ Full name and place of residence of the representative of the minor as the accused;

dd/ Full names of the head or deputy head of the investigaton agency, the chief procurator or deputy chief procurator of the procuracy or the judge presiding over the meeting; and of the meeting clerk;

e/ Full name of the procurator participating in the meeting, in case the investigation agency or the court holds the meeting;

g/ Full name and workplace (if any) of the defense counsel;

h/ Full name and workplace (if any) of the social worker;

i/ Full name of the interpreter (if any);

k/ Full names of other persons who are requested to participate in the meeting (if any).

3. Participants in a meeting include:

a/ The person conducting the meeting: the head or deputy head of the investigation agency; the chief procurator or deputy chief procurator of the procuracy; the judge; the meeting clerk;

b/ Participants in the meeting: the procurator who participates in the meeting, in case the investigation agency or the court holds the meeting; the investigator, in case the procuracy holds the meeting;

c/ Other persons participating in the meeting: the minor as the accused, his/her representative or defense counsel; the social workers; the victim (if any);

d/ In case of necessity, the investigation agency, the procuracy or the court shall request the expert witness, interpreter, translator; medical, psychological, educational or sociological expert; the representative of the education institution or vocational education institution where the minor as the accused is learning, the representative of the agency or organization where the minor as the accused is working, representatives of the commune-level Vietnam Fatherland Front Committee and member organizations of the Front in the locality where the minor resides and other persons to participate in the meeting.

4. A decision on holding of a meeting shall be sent to the persons specified at Point c, Clause 3 of this Article, the same-level procuracy and the investigation agency in case the procuracy holds the meeting immediately after such decision is issued. A meeting to consider and decide on the application of a diversionary measure in the community shall be held within 5 days from the date of issuance of the decision on holding of a meeting.

Article 60. Meetings to consider and decide on the application of diversionary measures in the community

1. Before a meeting is opened, the meeting clerk shall check the presence of persons requested by the investigation agency, the procuracy or the court to participate in the meeting; if any person is absent, the reason for his/her absence must be clarified and reported to the person chairing the meeting for consideration whether to continue to proceed with or postpone the meeting.

2. Procedures for the meeting are as follows:

a/ The person chairing the meeting opens the meeting;

b/ The social worker presents the diversion plan;

c/ The minor as the accused and his/her representative present their opinions;

d/ The defense counsel presents his/her opinions;

dd/ Other persons participating in the meeting present their opinions to clarify relevant issues;

e/ The person chairing the meeting administers the questioning to clarify relevant issues;

g/ The procurator gives his/her opinions;

h/ The person chairing the meeting decides on the application or non-application of a diversionary measure and announces contents of the decision right at the meeting.

If deeming that the minor falls into a case subject to the application of education measures at a reformatory or there is a request for settlement of the issue of compensation for damage or the issue of property confiscation, the investigation agency or the procuracy shall send a written request, enclosed with the case file, to the court for consideration and decision.

If deeming that the minor falls into a case subject to the application of education measures at a reformatory, the judge shall issue a decision on the application of education measures at a reformatory.

3. Meetings to consider and decide on the application of diversionary measures in the community shall be organized in a friendly manner, ensuring lawful rights and interests of minors. The questioning of minors must be appropriate to their age, gender, cognitive ability and maturity. Questions must be short, simple and easy to understand, and it is not recommended to give questions to different issues at the same time. Representatives of minors may assist them at meetings.

4. The investigation agency, the procuracy or the court shall consider postponing a meeting in one of the following cases:

a/ The interpreter is absent and cannot be immediately replaced by another person;

b/ The minor as the accused or his/her representative is absent for the first time with plausible reasons.

5. The duration for postponement of a meeting must not exceed 5 days from the date of issuance of the postponement decision. The decision to postpone the meeting shall be immediately notified to the persons present at the meeting, and sent to the same-level procuracy and persons absent from the meeting within 3 days from the date of issuance of the decision.

Article 61. Minutes of meetings to consider and decide on the application of diversionary measures in the community

1. Minutes of a meeting to consider and decide on the application of a diversionary measure in the community must clearly state the date and venue of the meeting; participants in the meeting; contents and developments of the meeting; decision(s) of the person chairing the meeting.

2. After a meeting is concluded, the person chairing the meeting shall check the meeting minutes and sign it together with the meeting clerk.

Article 62. Procedures for courts to consider and decide on the application of diversionary measures in the community at the request of investigation agencies and procuracies

1. Immediately after receiving a written request enclosed with the case file from the investigation agency or procuracy under Clause 5, Article 55 and Point h, Clause 2, Article 60 of this Law, the court’s chief justice shall assign a judge to settle the case. Within 3 days after being assigned, the judge shall proceed with the following:

a/ In case the case file contains a diversion plan, to issue a decision to hold a meeting to consider and decide on the application of a diversionary measure in the community unless additional documents are required;

b/ In case the case file does not contain a diversion plan, to request the social worker to formulate a diversion plan under Article 58 of this Law. Within 3 days after receiving the diversion plan, to issue a decision to hold a meeting to consider and decide on the application of a diversionary measure in the community.

2. In case the accused is held in temporary detention, the chief justice or deputy chief justice shall consider and decide on the continuation of the temporary detention or cancel or replace it with another deterrent measure in accordance with this Law and the Criminal Procedure Code.

The application of a deterrent measure lasts until the court announces a decision on the application of the diversionary measure.

3. A decision on holding of a meeting, participants in a meeting, time of meeting opening, meeting postponement, meeting minutes, and request for additional documents must comply with the relevant provisions of Clauses 2, 3 and 4, Article 64; Article 65; Clauses 4 and 5, Article 66; and Article 67, of this Law.

4. Before a meeting is opened, the meeting shall check the presence of persons requested by the court to participate in the meeting. If any person is absent, the absence reason must be clarified and reported to the judge for consideration of meeting continuation or postponement. Meeting procedures are as follows:

a/ The judge opens the meeting;

b/ The representative of the requesting agency presents proposed contents;

c/ The social worker presents the diversion plan;

d/ The minor as the accused, and his/her representative and defense counsel present their opinions;

dd/ Other persons participating in the meeting present their opinions to clarify relevant issues;

e/ The judge gives questions to the representative of the requesting agency, the minor as the accused, his/her representative and other persons participating in the meeting in order to clarify relevant issues;

g/ The minor as the accused, and his/her representative and defense counsel argue about relevant issues. Arguments shall be made under the supervision of the judge. Participants in the arguments have the right to respond to opinions of others. The judge may not limit the time for arguments and shall create conditions for the participants to discuss and fully present their opinions; and may request the cessation of irrelevant and repetitive opinions;

h/ The procurator gives his/her opinions;

i/ The judge decides on application or non-application of the diversionary measure(s) in the community or the application of education measures at a reformatory if deeming that the minor falls into the case subject to the application of education measures at a reformatory, settle the issue of compensation for damage or property confiscation, and announce contents of his/her decision right at the meeting.

The decision on temporary detention of minors subject to education measures  at a reformatory must comply with Clause 6, Article 66 of this Law.

5. Meetings to consider and decide on the application of diversionary measures in the community shall be organized in a friendly manner under Clause 3, Article 60 of this Law.

6. Within 5 days from the date of announcement of a decision on application or non-application of a diversionary measure, the court shall:

a/ Hand over the decision to the minor as the accused and his/her representatives; and send it to the same-level procuracy, the victim and the requesting agency;

b/ Send the decision and a copy of the social investigation report to the commune-level People’s Committee of the locality where the minor resides;

c/ Send the decision to the civil judgment enforcement agency of the same level with the court that has issued the decision on application of the diversionary measure;

d/ Send the decision on application of education measures at a reformatory and a copy of the social investigation report to the criminal judgment execution agency of the district-level public security office of the locality where the minor resides;

dd/ Return the case file to the requesting investigation agency or the procuracy in case of refusal to accept the request for application of the diversionary measure for further settlement of the case in accordance with the Criminal Procedure Code and this Law.

Section 3

PROCEDURES FOR CONSIDERATION AND DECISION ON APPLICATION OF EDUCATION MEASURE AT A REFORMATORY

Article 63. Consideration and decision on the application of education measures at a reformatory

1. A court shall consider and decide on the application of education measures at a reformatory in the following cases:

a/ At the request of an investigation agency or a procuracy specified at Point c, Clause 4, Article 55 and Point h, Clause 2, Article 60 of this Law;

b/ The court finds by itself that the minor falls into a case eligible for the application of education measures at a reformatory in accordance with this Law.

2. Upon receiving a written request enclosed with the case file from the investigation agency or procuracy specified at Point a, Clause 1 of this Article, the court’s chief justice shall assign a judge to settle the case.

3. In case the accused is held in temporary detention, the chief justice or deputy chief justice shall consider and decide on the continuation of the temporary detention or cancel or replace it with another deterrent measure in accordance with this Law and the Criminal Procedure Code.

The application of a deterrent measure lasts until the court announces a decision on the application of education measures at a reformatory.

Article 64. Decisions on holding of meetings to consider and decide on the application of education measures at a reformatory

1. Within 7 days after being assigned under Clause 2, Article 63 of this Law or during the stage of preparation for trial in the case specified at Point b, Clause 1, Article 63 of this Law, a judge shall issue a decision on holding of a meeting to consider and decide on the application of education measures at a reformatory, except the case specified in Article 65 of this Law.

2. A decision on holding of a meeting must have the following principal contents:

a/ Date of issuance of the decision, name of the decision-issuing court;

b/ Date and place of holding of an in-person or online meeting;

c/ Full name, date of birth, gender, personal identification number, and place of residence of the minor as the accused;

d/ Full name and place of residence of the representative of the minor as the accused;

dd/ Name of the requesting agency;

e/ Full names of the judge and meeting clerk;

g/ Full name of the procurator participating in the meeting;

h/ Full name and workplace (if any) of the defense counsel;

i/ Full name and workplace (if any) of the social worker;

k/ Full name of the interpreter (if any);

l/ Full names of other persons requested to participate in the meeting (if any).

3. Composition of the meeting includes:

a/ Persons conducting the meeting: judge and the meeting clerk;

b/ Participants in the meeting: representative of the requesting agency and the procurator participating in the meeting;

c/ Other persons participating in the meeting: minor as the accused, his/her representative or defense counsel; social worker; and victim (if any);

d/ In case of necessity, the court shall request the expert witness, interpreter, translator; medical, psychological, educational and sociological experts; the representative of the education institution or vocational education institution where the minor is studying; the representative of the agency or organization where the minor is working; representatives of the commune-level Vietnam Fatherland Front Committee and member organizations of the Front of the locality where minor resides, and other persons participating in the meeting.

4. A decision on holding of a meeting shall be sent to the persons specified at Point c, Clause 3 of this Article, the requesting agency and the same-level procuracy immediately after it is issued. A meeting to consider and decide on the application of education measures at a reformatory shall be held within 5 days from the date of issuance of the decision on holding of the meeting.

Article 65. Requests for additional provision of documents

1. Judges shall request in writing investigation agencies and procuracies to additionally provide documents if case files contain unclear documents or there are contradictions that need to be clarified.

2. A written request must clearly state document(s) that need to be additionally provided and reasons for the request for additional provision.

3. Within 5 days after receiving the court’s request, the requested agencies shall send additional documents to the court. In case of failure to additionally provide documents, they shall reply in writing, clearly stating the reason.

4. Within 5 days after receiving additional documents or from the date of expiration of the time limit specified in Clause 3 of this Article, if a requested agency fails to additionally provide documents, the judge shall issue a decision to hold a meeting to consider and decide on the application of education measures at a reformatory.

Article 66. Meetings to consider and decide on the application of education measures at a reformatory

1. Before opening a meeting, the meeting clerk shall check the presence of persons requested by the court to participate in the meeting. If any person is absent, the reason for his/her absence shall be clarified and reported to the judge for consideration whether to proceed with or postpone the meeting.

2. Meeting procedures are as follows:

a/ The judge opens the meeting;

b/ The representative of the requesting agency presents the requested contents;

c/ The minor as the accused and his/her representative and defense counsel present their opinions;

d/ The social worker participating in the meeting presents a social investigation report;

dd/ Other persons participating in the meeting present their opinions to clarify relevant issues;

e/ The judge asks the representative of the requesting agency, the minor as the accused, his/her representative, and other persons participating in the meeting to clarify relevant issues;

g/ The minor as the accused and his/her representative, and defense counsel argue about relevant issues with the representative of the requesting agency. Arguments shall be made under the supervision of the judge. Participants in the arguments may respond to opinions of others. The judge may not limit the time for arguments, shall create conditions for the participants in the meeting to argue and fully present their opinions, and may request the cessation of irrelevant and repetitive opinions;

h/ The procurator gives his/her opinions;

i/ The judge decides on the application or non-application of education measures at a reformatory and announces the decision’s contents right at the meeting.

3. Meetings to consider and decide on the application of the education measure at a reformatory shall be organized in a friendly manner under Clause 3, Article 60 of this Law.

4. The court shall consider postponing a meeting in one of the following cases:

a/ The representative of the requesting agency is absent;

b/ The interpreter is absent and cannot be immediately replaced by another person;

c/ The minor as the accused or his/her representative is absent for the first time with plausible reasons.

5. The duration for postponement of a meeting must not exceed 5 days from the date of issuance of the postponement decision. A decision to postpone a meeting shall be immediately notified to the persons present at the meeting and sent to the same-level procuracy and persons absent from the meeting within 3 days from the date of its issuance.

6. The judge may decide on temporary detention of a minor until the criminal judgment execution agency of a district-level public security office hands him/her over to a reformatory in either of the following cases:

a/ The minor is currently held in temporary detention but it is deemed necessary to continue holding him/her in temporary detention to ensure the implementation of education measures at a reformatory;

b/ The minor is currently not held in temporary detention but there is a ground to believe that he/she may abscond or relapse into committing a crime.

Article 67. Minutes of meetings to consider and decide on the application of education measures at a reformatory

1. Minutes of a meeting to consider and decide on the application of education measures at a reformatory must clearly state the date and venue of the meeting; participants in the meeting; contents and developments of the meeting; and the judge’s decision.

2. After the meeting is concluded, the judge shall examine and sign the minutes together with the meeting clerk.

Article 68. Settlement of cases in which the court does not apply education measures at a reformatory

1. In case the court rejects the request of the investigation agency or the procuracy on the application of education measures at a reformatory, it shall return the case file to the investigation agency or the procuracy for further settlement of the case in accordance with the Criminal Procedure Code and this Law.

2. In case the court holds its own meeting to consider and decide on the application of education measures at a reformatory but the minor as the accused is ineligible for the application of this measure, the court shall continue to settle the case in accordance with the Criminal Procedure Code and this Law.

Section 4

COMPLAINTS AND PETITIONS ABOUT DECISIONS ON THE APPLICATION OF DIVERSIONARY MEASURES

Article 69. Persons having the right to file complaints or petitions about decisions on the application of diversionary measures

1. When having grounds to believe that a decision on application of a diversionary measure or a decision on non-application of a diversionary measure is unlawful, the competence to file a petition is as follows:

a/ The investigation agency participating in the meeting to consider and decide on the application of the diversionary measure may file a petition about the decision on application of the diversionary measure or the decision on non-application of the diversionary measure of the procuracy or the court;

b/ The same-level procuracy may file a petition about the decision on application of a diversionary measure or the decision on non-application of a diversionary measure, except the case specified in Clause 6, Article 151 of this Law.

2. The accused as minors, victims and their representatives may file complaints about decisions on the application of diversionary measures or decisions on non-application of diversionary measures when having grounds to believe that such decisions are unlawful and infringe upon their lawful rights and interests.

Article 70. Time limit for filing complaints and petitions

The time limit for filing a complaint or petition is 5 days after a decision on the application of a diversionary measure or a decision on non-application of a diversionary measure is announced or received.

In case the person having the right to complain fails to exercise such right within the set time limit due to a force majeure reason or an external obstacle, the period with such force majeure reason or external obstacle will not be included in the time limit for filing complaints.

Article 71. Competence and time limit for settlement of complaints and petitions

1. A complaint about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by the deputy head of an investigation agency shall be considered and settled by the head of the investigation agency within 3 days after receiving such complaint.

A complaint about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by the head of an investigation agency shall be considered and settled by the chief procurator of the same-level procuracy within 3 days after receiving such complaint.

2. A complaint or petition about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by the deputy chief procurator of a procuracy shall be considered and settled by the chief procurator of the procuracy within 3 days after such complaint or petition is received.

A complaint or petition about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by the chief procurator of a procuracy shall be considered and settled by the chief procurator of the immediate superior procuracy within 5 days after such complaint or petition is received.

A complaint or petition about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by the chief procurator of a provincial-level procuracy shall be considered and settled by the Procurator General of the Supreme People’s Procuracy within 10 days after such complaint or petition is received.

3. A complaint or petition about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by a court’s judge shall be considered and settled by the chief justice of the court within 3 days after such complaint or petition is received.

A complaint or petition about a decision on application of a diversionary measure or a decision on non-application of a diversionary measure issued by a court’s judge who holds the position of chief justice shall be considered and settled by the chief justice of the court at the immediate superior level within 7 days after such complaint or petition is received.

Article 72. Settlement of complaints and petitions

1. Within the time limit specified in Article 71 of this Law, a person competent to settle a complaint or petition shall issue one of the following decisions:

a/ Decision to accept such complaint or petition and cancel the decision on application of a diversionary measure in order to continue the case settlement in accordance with the Criminal Procedure Code and this Law;

b/ Decision to accept such complaint or petition and cancel the decision on non-application of a diversionary measure or the decision on application of a diversionary measure and request a competent agency or person to hold a meeting to consider and decide on application of the diversionary measure.

Within 5 days after receiving the complaint or petition settlement decision, the competent agency or person shall hold a meeting to consider and decide on the application of the diversionary measure;

c/ Decision to refuse to accept such complaint or petition and uphold the decision on application of the diversionary measure or decision on non-application of the diversionary measure.

2. Within 3 days after issuing a decision, a person competent to settle a complaint or petition shall send the complaint or petition settlement decision to the person who has filed the complaint or petition, the same-level procuracy, the agency that has issued the decision on application of the diversionary measure, the minor and his/her representative, and the criminal judgment execution agency of the district-level public security office of the locality where the person subject to education measures at a reformatory resides in the cases specified at Points a and b, Clause 1 of this Article.

3. Complaint or petition settlement decisions will take legal effect and are the final decisions.

4. If the case file and investigation conclusions for prosecution proposal have been transferred to the procuracy, the person competent to settle complaints specified in Clause 1, Article 71 of this Law shall issue a decision on termination of complaint settlement.

If the case file and indictment have been transferred to the court, the person competent to settle complaints and petitions specified in Clause 2, Article 71 of this Law shall issue a decision on termination of complaint or petition settlement.

Chapter V

EXECUTION OF DECISIONS ON APPLICATION OF DIVERSIONARY MEASURES

Section 1

EXECUTION OF DECISIONS ON APPLICATION OF DIVERSIONARY MEASURES IN THE COMMUNITY

Article 73. Agencies, organizations and individuals responsible for the execution of decisions on application of diversionary measures

1. Commune-level People’s Committees of localities where persons who serve diversionary measures in the community reside have the following tasks and powers:

a/ To organize the execution of decisions on application of diversionary measures;

b/ To decide on lists of persons supervising the execution of decisions on application of diversionary measures in their localities; to assign persons to directly supervise the execution of decisions on application of diversionary measures;

c/ To direct the organization of vocational training and job placement programs, counseling and life skills development programs, the provision of medical and social services, and community activities in their localities in order to facilitate participation of persons who serve diversionary measures in the community;

d/ To provide support for persons serving diversionary measures in the community to fully enjoy priority rights and the State’s preferential policies for minors under regulations;

dd/ To coordinate with socio-political organizations, families and agencies and organizations where persons serving diversionary measures in the community are studying or working in supervising and educating them;

e/ To direct the formulation of fund estimates for the execution of diversionary measures and submit them to competent authorities for decision;

g/ To report to proceedings-conducting agencies that have issued decisions on application of diversionary measures on results of the serving of diversionary measures;

h/ To organize training courses for persons supervising the execution of decisions on application of diversionary measures or send them to training programs;

i/ Other tasks and powers as specified by law.

2. Public security offices of communes, wards and townships (below referred to as commune-level public security offices) shall act as focal points and advise commune-level People’s Committees on performance of the tasks and exercise of the powers specified in Clause 1 of this Article and have the following tasks and powers:

a/ To compile and manage files of execution of decisions on application of diversionary measures;

b/ To propose chairpersons of commune-level People’s Committees to decide on  lists of persons supervising the execution of decisions on application of diversionary measures in their localities in the following order of priority: social workers; commune-level social work collaborators; representatives of the Vietnam Women’s Union and the Ho Chi Minh Communist Youth Union or reputable people in residential communities who have good ethical qualities, conditions, abilities and experience in educating and helping minors;

c/ To propose chairpersons of commune-level People’s Committees to decide to assign persons to directly supervise the execution of decisions on application of diversionary measures;

d/ To coordinate with persons directly supervising the execution of decisions on application of diversionary measures, families and agencies, organizations and individuals in managing, educating and helping persons serving diversionary measures in the community;

dd/ To guide and help persons serving diversionary measures in the community in carrying out procedures for registration of permanent residence, temporary residence, stay, declaration of temporary absence, grant, renewal or re-grant of identity cards; to monitor the absence from places of residence or relocation of persons serving diversionary measures in the community;

e/ To receive persons serving diversionary measures in the community who are from other places to stay or temporarily reside during periods of absence from their places of residence or change of places of residence, and make remarks or evaluate the observance of law during the time such persons stay or temporarily reside in their localities;

g/ Periodically or upon request, to summarize data, assess the situation and results of the execution of decisions on application of diversionary measures within the scope of their competence, and report to chairpersons of commune-level People’s Committees and competent agencies;

h/ Other tasks and powers as specified by law.

3. Related agencies, organizations and individuals have the following tasks and powers:

a/ To coordinate with competent agencies and persons and families in executing decisions on application of diversionary measures;

b/ To implement the applied diversionary measures or provide necessary services to support persons serving diversionary measures in the community; 

c/ To help and create conditions for persons serving diversionary measures in the community to perform and fulfill their obligations;

d/ To assess the serving and effectiveness of diversionary measures that they have implemented for persons serving diversionary measures in the community and propose solutions (if any) to persons directly supervising the execution of decisions on application of diversionary measures.

4. The execution of decisions on application of the diversionary measure of compensation for damage issued by investigation agencies and procuracies is as follows:

a/ District-level civil judgment enforcement agencies shall execute decisions of investigation agencies and same-level procuracies;

b/ Provincial-level civil judgment enforcement agencies shall execute decisions of investigation agencies and same-level procuracies or the Investigation Agency of the Ministry of Public Security, the investigation agency of the Ministry of National Defense or the Supreme People’s Procuracy;

c/ Procedures for execution of decisions specified in this Clause must comply with the law on civil judgment enforcement.

5. Agencies that have issued decisions on application of diversionary measures shall monitor the execution of such decisions.

6. The Government shall detail Clauses 1, 2, 3 and 4 of this Article.

Article 74. Calculation of duration for serving decisions on application of diversionary measures

1. The duration for serving a decision on application of a diversionary measure specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 11, Article 36 of this Law shall be counted from the date the person serving the diversionary measure in the community shows up at the head office of the commune-level People’s Committee to be notified of the execution of such decision.

2. The duration for serving a decision on application of a diversionary measure specified in Clauses 9 and 10, Article 36 of this Law shall be counted from the date the education institution, vocational education institution or medical examination and treatment establishment or organization with the function of psychological treatment or counseling receives the person serving such decision.

Article 75. Selection and replacement of persons directly supervising the execution of decisions on application of diversionary measures

1. Immediately after receiving a decision on application of a diversionary measure, the chairperson of the commune-level People’s Committee shall forward such decision to the commune-level public security office for performance of tasks according to its competence.

2. Within 3 working days after receiving the decision on application of the diversionary measure, the commune-level public security office shall, based on conditions and circumstances of the person serving the diversionary measure in the community, the capacity and workload of individuals on the list specified at Point b, Clause 1, Article 73 of this Law, propose a person to directly supervise the execution of the decision on application of the diversionary measure in the following order of priority:

a/ The social worker;

b/ The commune-level social work collaborator;

c/ Representatives of the Vietnam Women’s Union and the Ho Chi Minh Communist Youth Union or reputable persons in the residential community who have good ethical qualities, conditions, abilities and experience in educating and helping minors.

3. Immediately after receiving the proposal of the commune-level public security office, the chairperson of the commune-level People’s Committee shall decide to assign a person to directly supervise the execution of the decision on application of the diversionary measure. One person may be assigned to directly supervise no more than 3 persons at the same time.

Such a decision shall be immediately sent to the commune-level public security office, the person directly supervising the execution of the decision on application of the diversionary measure, the person serving the diversionary measure in the community and his/her representative.

4. In the course of supervising the execution of the decision on application of the diversionary measure, if the person directly supervising the execution of such decision has no conditions to continue performing his/her task or fails to complete his/her assigned task, the commune-level public security office shall promptly propose another person to replace him/her, and report such to the chairperson of the commune-level People’s Committee for consideration and decision.

5. The Government shall detail this Article.

Article 76. Notification of the execution of decisions on application of diversionary measures

1. Within 2 working days after assigning a person to directly supervise the execution of a decision on application of a diversionary measure, the chairperson of the commune-level People’s Committee shall summon the person serving the diversionary measure in the community; invite his/her representative, the person directly supervising the execution of such decision, the commune-level public security office and representatives of related agencies, organizations and individuals to notify the execution of such decision.

2. The notification must cover the following contents:

a/ Rights and obligations of the person serving the diversionary measure in the community;

b/ Person directly supervising the execution of the decision on application of the diversionary measure and his/her responsibilities;

c/ Responsibilities of related agencies, organizations and individuals and the family of the person serving the diversionary measure in the community for the execution of the decision on application of the diversionary measure.

3. A notice of the execution of a decision on application of a diversionary measure shall be made in writing and filed in the dossier of execution of the decision on application of the diversionary measure.

Article 77. Commitments of persons serving diversionary measures in the community

1. Persons serving diversionary measures in the community shall make written commitments on performance of the obligations specified in Clause 2, Article 23 of this Law and send them to persons directly supervising the execution of decisions on application of diversionary measures.

2. Commitments of persons serving diversionary measures in the community must contain opinions of their parents or guardians.

Article 78. Responsibilities of families for the execution of decisions on application of diversionary measures

1. To stimulate and encourage persons serving diversionary measures in the community to abide by law and perform their obligations.

2. To take specific measures to manage, educate and help persons serving diversionary measures in the community in their daily-life activities, study and work; to encourage and create conditions for them to participate in movements, mass activities, community activities, and counseling and life skills development programs (if any) at their places of residence.

3. To coordinate with commune-level People’s Committees, persons directly supervising the execution of decisions on application of diversionary measures, and local organizations and mass organizations in managing, educating and helping persons serving diversionary measures in the community.

4. To notify results of the execution of decisions on application of diversionary measures to persons directly supervising the execution of such decisions and commune-level People’s Committees upon request.

5. To coordinate with education institutions or vocational education institutions and organizations where persons serving diversionary measures in the community are studying, learning jobs or working in order to manage, encourage and help them.

6. Parents or guardians of persons serving diversionary measure in the community shall pay compensation for damage in accordance with law.

7. To be present when competent persons make minutes of breaches of obligations of persons serving diversionary measures in the community under Clause 1, Article 82 of this Law.

Article 79. Responsibilities and rights of persons directly supervising the execution of decisions on application of diversionary measures

1. Persons directly supervising the implementation of decisions on application of diversionary measures have the following responsibilities:

a/ To formulate, and organize the implementation of, plans on execution of decisions on application of diversionary measures;

b/ To request persons serving diversionary measures in the community to make written commitment under Article 77 of this Law;

c/ To guide persons serving diversionary measures in the community in exercising their rights and performing their obligations;

d/ To contact related agencies and organizations in order to create conditions for persons serving diversionary measures in the community to participate in appropriate academic study, vocational education and labor programs for stabilization of their livelihood;

dd/ To seek, and introduce persons serving diversionary measure in the community to participate in, life skills development classes, and cultural, social and sports activities available in their localities;

e/ To coordinate with agencies, organizations and families in supervising the execution of decisions on application of diversionary measures;

g/ To coordinate with commune-level public security offices and related persons in advising chairpersons of commune-level People’s Committees on organizing the execution of decisions on application of diversionary measures;

h/ To monitor, supervise and urge the execution of decisions on application of diversionary measures;

i/ To review and assess on a monthly basis the situation and results of the execution of decisions on application of diversionary measures;

k/ To promptly report to chairpersons of commune-level People’s Committees on manifestations and acts of law violation of persons serving decisions on application of diversionary measures in the community in order to take appropriate preventive, management and education measures;

l/ To report to chairpersons of commune-level People’s Committees on breaches of obligations of persons executing decisions on application of diversionary measure in the community and coordinate with commune-level public security offices in making minutes of the violations;

m/ To report to chairpersons of commune-level People’s Committees for consideration and compilation of dossiers of request for extension of the duration for performance of obligations, change of diversionary measures, and early termination of the serving of diversionary measures. If deeming that a diversionary measure is no longer appropriate or the execution thereof encounters difficulties, to propose solutions or modify plans, and report such to chairpersons of commune-level People’s Committees for decision;

n/ To report on results of the execution of decisions on application of diversionary measures to chairpersons of commune-level People’s Committees;

o/ Other responsibilities as specified by law.

2. Persons directly supervising the execution of decisions on application of diversionary measures may participate in classes to improve their skills, knowledge and experience in the education and provision of assistance to minors.

3. The Government shall detail this Article.

Article 80. Formulation of plans on execution of decisions on application of diversionary measures

1. Within 5 working days after receiving an assignment decision, the person directly supervising the execution of a decision on application of a diversionary measure shall formulate a draft plan on execution of such decision and have it approved by the chairperson of the commune-level People’s Committee.

2. A plan on execution of a decision on application of a diversionary measure must have the following principal contents:

a/ Diversionary measure to be applied;

b/ Assistance services that need to be provided for addressing risk factors, causes and conditions for law violations of the person serving the diversionary measure in the community;

c/ Agencies, organizations and individuals responsible for executing the decision on application of the diversionary measure; establishments providing necessary assistance services; and agencies, organizations and individuals responsible for coordination;

d/ Points of time of commencement and termination of the serving of the decision on application of the diversionary measure or the provision of assistance services;

dd/ Other activities to execute the decision on application of the diversionary measure.

3. Within 5 working days after receiving the draft plan on execution of the decision on application of the diversionary measure, the chairperson of the commune-level People’s Committee shall approve it.

Such a plan shall be sent to the person serving the diversionary measure in the community, his/her representative, related agencies, organizations and individuals, and the commune-level public security office for filing in the dossier for execution of the decision on application of the diversionary measure.

4. The Government shall detail this Article.

Article 81. Settlement of cases in which persons serving diversionary measures in the community are absent from their places of residence or change their places of residence

1. Persons serving diversionary measures in the community may be absent from their places of residence for plausible reasons but shall apply for permission and obtain the consent of chairpersons of commune-level People’s Committees; and shall declare their temporary absence in accordance with the law on residence. In case chairpersons of commune-level People’s Committees refuse to give their consent, they shall reply in writing, clearly stating the reason.

Each period of absence from the place of residence must not exceed 10 days and the total period of absence from the place of residence must not exceed one-third of the period of obligation performance, except cases of illness requiring treatment ata medical examination and treatment establishment as indicated by a medical doctor with treatment certification by such medical examination establishment.

2. In case a person serving a diversionary measure in the community has to change his/her place of residence for a plausible reason, he/she shall file an application and obtain the consent of the chairperson of the commune-level People’s Committee assigned to execute the decision on application of the diversionary measure.

Within 5 working days after receiving the application of the person serving the diversionary measure in the community, the commune-level People’s Committee shall coordinate with related units and the commune-level People’s Committee of the locality to which he/she is relocated in examining, verifying and deciding on the change of his/her place of residence. In case of acceptance of the change of the place of residence, the commune-level People’s Committee assigned to execute the decision on application of the diversionary measure shall send a notice to the applicant and a document on transfer of the dossier for execution of the decision on application of the diversionary measure to the commune-level People’s Committee of the locality to which he/she is relocated in order to continue organizing the execution of the decision in accordance with this Law; in case of refusal, it shall notify such in writing, clearly stating the reason.

The person serving the diversionary measure in the community shall immediately report to the commune-level public security office of the locality where he/she comes to reside upon his/her arrival.

3. A document on transfer of the dossier for execution of the decision on application of a diversionary measure specified in Clause 2 of this Article shall be concurrently sent to the agency that has issued such decision.

Article 82. Settlement of cases in which persons serving diversionary measures in the community breach their obligations

1. In case a person serving a diversionary measure in the community breaches his/her obligation specified in Clause 2, Article 23 of this Law, the person directly supervising the execution of the decision on application of the diversionary measure shall coordinate with the commune-level public security office in making minutes of the violations.

The making of minutes must involve the person serving the diversionary measure in the community and his/her representative. Such minutes shall be immediately sent to the chairperson of the commune-level People’s Committee for requesting the extension of the duration for obligation performance or change of the diversionary measure.

2. A person serving a diversionary measure in the community who deliberately breaches his/her obligation once in the course of obligation performance may have the obligation performance duration extended, except the obligation to pay compensation for damage specified in Clause 3, Article 42 of this Law.

3. A person serving a diversionary measure in the community who deliberately breaches his/her obligation once within the extended obligation performance duration or deliberately breaches his/her obligation twice or more in the course of obligation performance may have the diversionary measure in the community changed to education measures at a reformatory.

4. The Government shall detail this Article.

Article 83. Extension of duration for obligation performance

The extension of the duration  for obligation performance shall be carried out once as follows:

1. The extended duration  for a person aged under full 18 years at the time of obligation breach must not exceed a half of the applied duration  for obligation performance;

2. The extended duration  for a person aged full 18 years or older at the time of obligation breach is equal to the applied duration  for obligation performance.

Article 84. Procedures for extension of duration  for obligation performance

1. Within 3 working days after receiving a minutes of obligation breach, the chairperson of the concerned commune-level People’s Committee shall make a dossier of request for extension of the duration  for obligation performance and send it to the agency that has issued the decision on application of a diversionary measure.

2. A dossier of request for extension of the duration  for obligation performance must comprise:

a/ A written request of the chairperson of the commune-level People’s Committee;

b/ A report of the person directly supervising the execution of the decision on application of the diversionary measure;

c/ A minutes of obligation breach;

d/ Other relevant documents.

3. Within 3 working days after receiving a dossier of request from the chairperson of the commune-level People’s Committee, the agency that has issued the decision on application of the diversionary measure shall consider and decide to extend the duration  for obligation performance. For complicated cases, this time limit may be extended but must not exceed 5 working days. In case of refusal to extend the duration  for obligation performance, such agency shall reply in writing, clearly stating the reason.

4. A decision on extension of the duration for obligation performance takes legal effect from the date of its issuance. Such a decision is not subject to complaints or petitions and shall be immediately sent to the person serving the diversionary measure in the community, his/her representative and the requesting chairperson of the commune-level People’s Committee.

Article 85. Change of diversionary measures

1. Cases of change of a diversionary measure include:

a/ The person serving the diversionary measure in the community may change to another diversionary measure in the community if it is deemed that the measure being applied is no longer suitable to objective conditions and circumstances;

b/ The person serving the diversionary measure in the community falls into the case specified in Clause 3, Article 82 of this Law.

2. The change of a diversionary measure specified at Point a, Clause 1 of this Article may be made only once.

Article 86. Procedures for changing a diversionary measure in the community to another diversionary measure in the community

1. Upon having the ground specified at Point a, Clause 1, Article 85 of this Law, the person directly supervising the execution of the decision on application of the diversionary measure shall send a report thereon to the chairperson of the commune-level People’s Committee. Within 3 working days after receiving the report, the chairperson of the commune-level People’s Committee shall make a dossier of request for change of the diversionary measure in the community to another diversionary measure in the community and send it to the agency that has issued the decision on application of the diversionary measure.

2. A dossier of request for change of a diversionary measures must comprise:

a/ A written request of the chairperson of the commune-level People’s Committee;

b/ A report of the person directly supervising the execution of the decision on application of the diversionary measure;

c/ Other relevant documents.

3. Within 3 working days after receiving the dossier of request, the head or deputy head of the investigation agency, the chief procurator or deputy chief procurator of the procuracy or the judge of the court who has issued the decision on application of the diversionary measure shall consider and decide on change of the diversionary measure. In case of refusal of the change, he/she shall reply in writing, clearly stating the reason.

4. When deciding to change a diversionary measure, the agency that has issued the decision of application of such diversionary measure shall consider and decide on the duration for implementation of the diversionary measure and the appropriate duration for obligation performance.

5. A decision on change of a diversionary measure takes legal effect from the date of its issuance and replaces the previous decision on application of a diversionary measure. Such a decision is not subject to complaints or petitions and shall be immediately sent to the person serving the diversionary measure in the community, his/her representative and the requesting chairperson of the commune-level People’s Committee.

Article 87. Procedures for changing a diversionary measure in the community to education measures at a reformatory

1. Within 3 working days after receiving a minutes of obligation breach, the chairperson of the commune-level People’s Committee shall make a dossier of request for consideration of change of the diversionary measure in the community to the education measure at a reformatory and send it to the district-level people’s court of the locality where the person serving the diversionary measure in the community resides.

2. A dossier of request for change of a diversionary measure must comprise:

a/ A written request of the chairperson of the commune-level People’s Committee;

b/ A report of the person directly supervising the execution of the decision on application of the diversionary measure;

c/ A minutes of obligation breach;

d/ A copy of the dossier for execution of the decision on application of the diversionary measure;

dd/ Other relevant documents.

3. Upon receiving the dossier of request, the chief justice of the court shall assign a judge to settle it. Within 3 working days after being assigned, the judge shall consider and settle as follows:

a/ If the dossier of request is complete, to issue a decision to hold a meeting;

b/ If the dossier of request is unclear or incomplete, to request the requester to add necessary documents. The requester shall add necessary documents within 3 working days after being so requested. If it is impossible to add necessary documents, the requester shall reply in writing, clearly stating the reason.

Within 5 working days after receiving additional documents or after the time limit specified in this Clause expires but the requester still fails to add necessary documents, the judge shall issue a decision to hold a meeting to consider and change the diversionary measure in the community to education measures at a reformatory.

4. A decision on holding of a meeting must have the following principal contents: date of issuance of the decision; name of the decision-issuing court; full name, position and name of the agency of the requester; full names of the judge and meeting clerk; date and place of holding an in-person or online meeting; full name, date of birth, gender, personal identification number, and place of residence of the person serving the diversionary measure in the community; name of the agency that has issued the decision on application of the diversionary measure; and the applied diversionary measure.

Such a decision shall be sent to the persons specified at Point c, Clause 5 of this Article, the requester and the same-level procuracy immediately after its issuance.

5. Composition of a meeting includes:

a/ Persons conducting the meeting: judge and the meeting clerk;

b/ Participants in the meeting: the requester or a person authorized by the requester, and the procurator participating in the meeting;

c/ Other persons participating in the meeting: the person serving the diversionary measure in the community; his/her representative; defender of lawful rights and interests of the person serving the diversionary measure in the community (if any); and the person directly supervising the execution of the diversionary measure;

d/ In case of necessity, the court may request the interpreter, translator; medical, psychological, educational and sociological experts; representative of the education institution or vocational education institution, agencies, organizations, commune-level Vietnam Fatherland Front Committee, and member organizations of the Front of the locality where the person serving the diversionary measure in the community is studying, working and residing and other participants in the meeting.

6. A meeting to consider and change a diversionary measure in the community to the education measure at a reformatory shall be held within 5 working days from the date of issuance of the decision on holding of the meeting.

7. Meeting procedures are as follows:

a/ Before the meeting is opened, the meeting clerk shall check the presence of persons requested by the court to participate in the meeting. If any person is absent, the reason for his/her absence shall be clarified and reported to the judge for consideration whether to proceed with or postpone the meeting;

b/ The judge opens the meeting;

c/ The requester or person authorized by the requester presents the written request for changing the diversionary measure in the community to education measures at a reformatory;

d/ Other participants in the meeting present their opinions to clarify relevant issues;

dd/ The judge gives questions to the requester or the person authorized by the requester and other participants in the meeting to clarify relevant issues;

e/ The procurator gives his/her opinions;

g/ The judge decides to accept or reject the request for changing the diversionary measure in the community to education measures at a reformatory and announce contents of the decision at the meeting.

8. All developments at the meeting shall be recorded in the meeting minutes and filed in the dossier. The meeting minutes must bear signatures of the judge and the meeting clerk.

9. The court shall consider postponing the meeting when the requester or the person authorized by the requester is absent. The duration for postponement of the meeting must not exceed 5 working days from the date of issuance of the postponement decision. The decision to postpone the meeting shall be immediately notified to persons present at the meeting; and sent to the same-level procuracy and persons absent from the meeting within 3 working days from the date of issuance of the postponement decision.

10. A decision on change of a diversionary measure in the community to education measures at a reformatory must have the following principal contents:

a/ Serial number and date of its issuance;

b/ Name of the decision-issuing court;

c/ Full name of the decision-issuing judge;

d/ Full name, date of birth, gender, personal identification number, place of residence, occupation and academic level of the minor;

dd/ Reasons and grounds for decision issuance;

e/ Decision to change or not to change the diversionary measure in the community to education measures at a reformatory. In case of a decision to change, such decision must have a content of termination of the execution of the decision on application of diversionary measures in the community;

g/ Responsibilities of agencies, organizations and individuals for executing the decision;

h/ Effect of the decision;

i/ Recipients of the decision.

11. A decision on change of a diversionary measure in the community to education measures at a reformatory takes effect on the date of its announcement.

12. Within 7 days after announcing the decision, the court shall hand over the decision to the person serving the diversionary measure in the community and his/her representative and send it to the requester, the same-level procuracy and the agency that has issued the decision on application of the diversionary measure in the community, and to the criminal judgment execution agency of the district-level public security office of the locality where the person serving the diversionary measure in the community resides, in case of issuance of a decision to change the diversionary measure in the community to education measures at a reformatory.

13. In case of rejection of the request to change the diversionary measure in the community to education measures at a reformatory, the person serving the diversionary measure in the community shall continue to implement the applied diversionary measure.

Article 88. Complaints and petitions about decisions on change of diversionary measure in the community to education measures at a reformatory, and settlement thereof

1. Within 5 working days after receiving a decision to change or a decision not to change the diversionary measure in the community to education measures at a reformatory, the person serving the diversionary measure in the community and his/her representative may file a complaint while the same-level procuracy may file a petition about this decision.

2. A complaint or petition about the judge’s decision to change or not to change the diversionary measure in the community to education measures at a reformatory shall be considered and settled by the chief justice of the court within 3 working days after it is received.

A complaint or petition about a decision to change or not to change the diversionary measure in the community to education measures at a reformatory issued by the judge holding the position of chief justice shall be considered and settled by the chief justice of the immediately superior court within 7 working days after such complaint or petition is received.

3. Within the time limit specified in Clause 2 of this Article, the chief justice of the competent court shall issue one of the following decisions:

a/ Decision to accept the complaint or petition and cancel the decision to change the diversionary measure in the community to education measures at a reformatory in order to continue the implementation of the diversionary measure in the community;

b/ Decision to accept the complaint or petition and cancel the decision not to change the diversionary measure in the community to education measures at a reformatory and issue a decision to change the diversionary measure in the community to education measures at a reformatory;

c/ Decision to reject the complaint or petition and uphold the decision to change or not to change the diversionary measure in the community to education measures at a reformatory.

4. Within 3 working days after issuing the decision, the person competent to settle the complaint or petition shall send the decision on complaint or petition settlement to the complainant or petitioner; the person requesting the change of the diversionary measure; and the criminal judgment execution agency of the district-level public security office of the locality where the minor resides, for the cases specified at Points a and b, Clause 3 of this Article.

5. A decision on complaint or petition settlement takes legal effect and is the final decision.

Article 89. Case of early termination of the serving of a diversionary measure

1. A person obliged to serve a diversionary measure in the community as specified in Clauses 4, 5 and 6, Article 36 of this Law who has served at least half of the duration of application of the diversionary measure and recorded remarkable progress may be entitled to early termination of his/her serving of the diversionary measure.

2. The Government shall detail this Article.

Article 90. Procedures for early termination of the serving of a diversionary measure

1. For a person serving a diversionary measure in the community and falling into the case specified in Article 89 of this Law, the person directly supervising the execution of the decision on application of the diversionary measure shall report to the chairperson of the commune-level People’s Committee for compilation of a dossier of request for early termination of the serving of the diversionary measure and send it to the agency that has issued the decision on application of the diversionary measure.

2. A dossier of request for early termination of the serving of a diversionary measure must comprise:

a/ A written request of the person serving the diversionary measure in the community;

b/ A written request of the chairperson of the commune-level People’s Committee;

c/ A report of the person directly supervising the execution of the decision on application of the diversionary measure;

d/ Other relevant documents.

3. Within 5 working days after receiving a dossier of request for early termination of the serving of the diversionary measure, the agency that has issued the decision on application of the diversionary measure shall consider and decide on early termination of the serving of the diversionary measure. In case of rejection of the request, it shall reply in writing, clearly stating the reason.

4. A decision on early termination of the serving of a diversionary measure takes legal effect on the date of its issuance and is not subject to complaints and petitions.

5. A decision on early termination of the serving of a diversionary measure shall be immediately sent to the person serving the diversionary measure in the community, his/her representative and the requesting chairperson of the commune-level People’s Committee.

Article 91. Certification of completion of the serving of a diversionary measure in the community

1. At least 5 working days before the expiration of the duration for execution of a decision on application of a diversionary measure or upon receiving a decision on early termination of the serving of a diversionary measure, the person directly supervising the execution of the decision on application of the diversionary measure shall make a report summarizing results of completion of the serving of the diversionary measure, and send it to the chairperson of the commune-level People’s Committee.

2. On the last day of the duration for serving the diversionary measure, the chairperson of the commune-level People’s Committee shall issue a certificate of completion of the serving of the diversionary measure in the community to the person serving such measure.

3. A certificate of completion of the serving of the diversionary measure in the community shall be sent to the representative of the person serving such measure and the agency that has issued the decision on application of the diversionary measure.

The agency that has issued the decision on application of the diversionary measure shall file the certificate of completion of the serving of the diversionary measure in the community in the case file in accordance with the law on archives.

4. The Government shall detail this Article.

Article 92. Termination of the execution of decisions on application of diversionary measures

1. Cases of termination of the execution of a decision on application of a diversionary measure:

a/ The person serving the diversionary measure in the community has been examined for penal liability for another criminal offense and is therefore arrested for temporary detention or obliged to serve the penalty of non-custodial reform or imprisonment sentence;

b/ The person serving the diversionary measure in the community dies;

c/ The person serving the diversionary measure in the community suffers a mental illness or another disease that makes him/her lose cognitive or behavior control ability;

d/ The person serving the diversionary measure in the community is shifted to education measures at a reformatory.

2. The termination of the execution of a decision on application of a diversionary measure does not terminate the obligation to pay compensation for damage (if any).

3. When a person serving a diversionary measure in the community falls into one of the cases specified at Points a, b and c, Clause 1 of this Article, the person directly supervising the execution of the decision on application of a diversionary measure shall report such to the chairperson of the commune-level People’s Committee for sending a notice to the agency that has issued the decision on application of the diversionary measure.

4. Upon receiving a notice, the agency that has issued the decision on application of the diversionary measure shall issue a decision on termination of the execution of the decision on application of the diversionary measure.

5. A decision on termination of the execution of the decision on application of the diversionary measure shall be immediately sent to the person serving the diversionary measure in the community specified at Point a, Clause 1 of this Article, his/her representative, and the commune-level People’s Committee of the locality where he/she resides.

Section 2

EXECUTION OF DECISIONS ON THE APPLICATION OF EDUCATION MEASURES AT A REFORMATORY

Article 93. Conditions on physical foundations of reformatories

1. A reformatory must have lodging areas, infirmaries, areas for general education and vocational education, recreation, common activities, and physical training and sports, libraries, and other necessary facilities which are arranged and designed to be suitable to minors.

2. Lodging rooms must be airy in summer, airtight in winter, and environmentally hygienic. The minimum sleeping space for each reformatory student is 2.5 m².

3. The Government shall detail this Article.

Article 94. Procedures for execution of decisions on the application of education measures at a reformatory

1. Within 3 working days after receiving a decision on the application of education measures at a reformatory, the criminal judgment enforcement agency of the district-level public security division of the locality where the concerned minor resides shall report thereon to the criminal judgment enforcement management agency of the Ministry of Public Security for the latter to issue a decision to consign the minor to a reformatory.

2. Within 3 working days after receiving the report of the criminal judgment enforcement agency of the district-level public security division, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue a decision to consign the minor to a reformatory and send it to the criminal judgment enforcement agency of the district-level public security division.

3. Within 5 working days after receiving the decision of the criminal judgment enforcement management agency of the Ministry of Public Security, the criminal judgment enforcement agency of the district-level public security division shall formulate a dossier and hand over the concerned minor to the reformatory. The dossier must comprise:

a/ A copy of the decision on the application of education measures at a reformatory;

b/ The decision on consigning the minor to a reformatory;

c/ The minor’s curriculum vitae certified by the commune-level People’s Committee;

d/ The minor’s personal identification statement;

dd/ A copy of the social investigation report (if any);

e/ Other relevant documents (if any).

4. When admitting the student, the principal of the reformatory shall check the dossier, make a handover record, and organize a health check-up for the student. Within 5 working days after admitting the student, the principal of the reformatory shall notify the admission of the student to his/her representative.

5. After admitting the student, the reformatory shall make a student file. The file must comprise:

a/ The documents specified in Clause 3 of this Article;

b/ A student handover record;

c/ Documents reflecting results of the execution of education measures at a reformatory;

d/ Other relevant documents made during the student’s execution of education measures at a reformatory.

Article 95. Postponement and suspension of the serving of education measures at a reformatory

1. A person who has to serve education measures at a reformatory may be entitled to postpone the serving of education measures at a reformatory in one of the following cases:

a/ He/she is seriously ill, undergoing emergency treatment or unable to move due to other health reasons as confirmed by a hospital;

b/ He/she has other plausible reasons as confirmed by the head of the criminal judgment enforcement agency of the district-level public security division of the locality where he/she resides.

2. In case of postponing the serving of education measures at a reformatory, the criminal judgment enforcement agency of the district-level public security division of the locality where the person who has to serve education measures at a reformatory resides shall make a dossier to request the court that has issued the decision on the application of education measures at a reformatory to consider and decide on the postponement. The dossier must comprise:

a/ A written request, made by the person who has to serve education measures at a reformatory or his/her representative;

b/ The hospital’s conclusion on the medical condition of the person who has to serve education measures at a reformatory, for the case specified at Point a, Clause 1 of this Article, or the confirmation of the head of the criminal judgment enforcement agency of the district-level public security division, for the case specified at Point b, Clause 1 of this Article;

c/ A letter of guarantee from the representative of the person who has to serve education measures at reformatory.

3. In case a student of a reformatory is seriously ill, the principal of the reformatory shall make a dossier and send a written request to the district-level people’s court of the locality where the reformatory is located for consideration and decision on suspension from serving education measures at a reformatory.

The dossier of request for suspension of the serving of education measures at a reformatory must comply with Clause 2 of this Article.

4. Within 5 working days after receiving the dossier of request for postponement or suspension of the serving of education measures at a reformatory, the chief justice of the competent court shall consider and decide on the case.

5. Within 3 working days after issuing a decision on postponement or suspension of the serving of education measures at a reformatory, the court that has issued the decision shall send that decision to the following agencies, organizations and individuals:

a/ The person who is entitled to postponement or suspension of the serving of education measures at a reformatory, and his/her representative;

b/ The criminal judgment enforcement agency of the district-level public security division of the locality where the person who is entitled to postponement or suspension of the serving of education measures at a reformatory resides;

c/ The same-level people’s procuracy;

d/ The reformatory and the court that has issued the decision on the application of education measures at a reformatory, in the case of suspension.

6. The criminal judgment enforcement agency of the district-level public security division of the locality where the person entitled to postponement or suspension of the serving of education measures at a reformatory resides shall manage such person during the period of postponement or suspension.

Within 3 working days after receiving the postponement or suspension decision, the criminal judgment enforcement agency of the district-level public security division of the locality where the person who is entitled to postponement or suspension of the serving of education measures at a reformatory resides shall request that person to make a written commitment to strictly abiding by law and presenting himself/herself when requested, unless that person is seriously ill, undergoing emergency care, or unable to move for other health reasons.

In case the person who is entitled to postponement or suspension of the serving of education measures at a reformatory absconds, the criminal judgment enforcement agency of the district-level public security division of the locality where that person resides shall issue a pursuit decision and organize the pursuit and bring that person to the reformatory and notify thereof to the court that has issued the decision on postponement or suspension for the latter to issue a decision to cancel the postponement or suspension decision.

7. For a person who is entitled to postponement or suspension of the serving of education measures at a reformatory for the reason of serious illness, if there are signs of health recovery but he/she still cites health reasons to shirk serving education measures at a reformatory or shows signs of mental illness or other illness that causes loss of cognitive ability or ability to control behavior, the criminal judgment enforcement agency of the district-level public security division of the locality where he/she resides shall solicit medical assessment or forensic psychiatric assessment. Assessment expenses shall be paid by the agency soliciting assessment.

8. When the reason for postponement or suspension no longer exists, the criminal judgment enforcement agency of the district-level public security division of the locality where the person who is entitled to postponement or suspension of the serving of education measures at a reformatory resides shall notify thereof to the court that has issued the postponement or suspension decision for the latter to issue a decision to cancel the postponement or suspension decision and send him/her to a reformatory.

9. In case a person who is entitled to postponement or suspension of the serving of education measures at a reformatory dies, his/her family shall immediately notify thereof to the commune-level People’s Committee of the locality where he/she resides. Upon receiving the notification, the commune-level People’s Committee shall report thereon to the criminal judgment enforcement agency of the district-level public security division.

Article 96. Termination of the execution of decisions on the application of education measures at a reformatory

1. Cases of termination of the execution of a decision on the application of education measures at a reformatory include:

a/ The person who has to serve education measures at a reformatory/reformatory student is examined for penal liability for another offense and is temporarily detained or subject to a non-custodial reform or serving an imprisonment sentence;

b/ The person who has to serve education measures at a reformatory/reformatory student dies;

c/ The person who has to serve education measures at a reformatory/reformatory student suffers a mental illness or another illness that causes loss of cognitive ability or ability to control behavior;

d/ The decision on the application of education measures at a reformatory or decision on change of the diversionary measure in the community to education measures at a reformatory is revoked.

2. The termination of the execution of decisions on the application of education measures at a reformatory does not lead to the termination of the obligation to compensate for damage (if any).

3. When there is one of the grounds specified in Clause 1 of this Article, the criminal judgment enforcement agency of the district-level public security division of the locality where the person who has to serve education measures at a reformatory resides or the principal of the reformatory shall notify thereof to the competent court specified in Clauses 2 and 3, Article 95 of this Law for the latter to issue a decision on termination of the execution.

4. Upon receiving the notice, the chief justice of the competent court shall issue a decision to terminate the execution of the decision on the application of education measures at a reformatory.

5. Decisions on termination of the execution of decisions on the application of education measures at a reformatory shall be immediately sent to persons who have to serve education measures at a reformatory or reformatory students specified at Point a or Point d, Clause 1 of this Article, their representatives, criminal judgment enforcement agencies of district-level public security divisions, reformatories, same-level people’s procuracies and courts that have issued the decisions on the application of education measures at a reformatory.

Article 97. Handling of cases where persons who have to serve education measures at a reformatory or reformatory students abscond

1. Cases where a person who has to serve education measures at a reformatory or reformatory student absconds shall be handled as follows:

a/ In case a person who has to serve education measures at a reformatory absconds, the criminal judgment enforcement agency of the district-level public security division of the locality where he/she resides shall issue a pursuit decision and organize the pursuit;

b/ In case a reformatory student absconds, the principal of the reformatory shall issue a pursuit decision and organize the pursuit.

2. People’s Committees and public security agencies at all levels shall coordinate in the pursuit and arrest of absconders.

3. When discovering an absconder who is pursued:

a/ The person who discovers the absconder shall report thereon to the nearest public security agency or People’s Committee or arrest and bring the absconder to such agency for transfer to the nearest district-level criminal judgment enforcement agency. When receiving the absconder, the district-level criminal judgment enforcement agency shall make a record of receipt, record statements of, and manage, the absconder, and, at the same time, immediately notify the agency that has issued the pursuit decision for the latter to know and send an officer to receive the absconder. When it is necessary to hold the absconder in custody, the head of the district-level criminal judgment enforcement agency shall issue a decision on holding of the absconder in the holding room of the district-level public security division. The custody period must not exceed 3 days from the date of commencement of the holding in custody and shall be included in the period of serving education measures at a reformatory.

The taking of statements shall be carried out in a quick and timely manner and may be participated by the absconder’s representative or the social worker;

b/ Upon receiving the notice, the agency that has issued the pursuit decision shall send an officer to receive the absconder, immediately take him/her to a reformatory and report to the criminal judgment enforcement management agency of the Ministry of Public Security;

c/ The handover and receipt of the absconder shall be recorded in a minutes.

4. The period when a reformatory student absconds may not be counted into the period of serving education measures at a reformatory. The absconder shall serve the remaining period of education measures at a reformatory.

5. The Government shall detail Clause 4 of this Article.

Article 98. Student management regime

1. Students shall submit to the supervision and management by officers and teachers of reformatories and shall strictly comply with reformatory regulations. Officers and teachers of reformatories must have knowledge of physiology and psychology of minors or have experience in solving problems related to minors.

2. Based on the age, gender, health, educational level, nature and severity of violations of their students, reformatories shall arrange their students into teams, classes and groups and assign teachers in charge.

3. The Government shall detail this Article.

Article 99. Implementation of student transfer orders

1. Upon receiving a written request for transfer of a student from an agency or person competent to conduct the proceedings, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue a transfer order.

2. In case it is necessary to transfer a student for educational purposes or medical examination and treatment, a transfer order shall be issued by the principal of the reformatory.

3. An order to transfer a student must have the following main contents:

a/ The agency, full name, position and rank of the person issuing the order;

b/ The full name, date of birth and place of residence of the student;

c/ The transfer purpose and duration;

d/ The agency, organization or person receiving the transferred student (if any);

dd/ The date of issuance of the order; the signature of the person issuing the order, and seal.

4. The competent agency shall take and return the transferred student to the reformatory at the time stated in the transfer order; a record shall be made upon delivery and receipt. Travel, food and accommodation expenses for the transferred student shall be covered by the state budget, except in case where the student is sent home for medical treatment in accordance with law.

5. The transfer period shall be counted into the period of serving education measures at a reformatory.

6. The Government shall detail this Article.

Article 100. Regime of general education, career education, vocational training and labor for students

1. Reformatory students may participate in general education, career education and vocational training under the Government’s regulations.

Reformatories shall arrange teachers and provide general education for students. When it is impossible to arrange teachers to provide general education under regulations, reformatories shall coordinate with other education institutions in organizing online classes for students. The opening of online classes must ensure safety, and avoid discrimination and negative affects to all students.

2. Reformatories shall coordinate with vocational education institutions in providing vocational training for students.

3. In addition to study hours, students aged full 15 years or older shall work under plans organized by reformatories. Reformatories shall arrange work appropriate to the age and health of students to ensure their normal physical development; may not arrange heavy, dangerous or hazardous work; and ensure occupational safety and health.

The working time of students must not exceed the study time. Study and working time must not exceed 7 hours per day and not exceed 35 hours per week.

Fruits of students’ work shall be used for their living and studying activities and supplemented to their food rations, the community integration fund and the reward fund.

4. Students are off on Saturdays, Sundays, public holidays, and Tet (lunar new year festival) in accordance with law.

5. The Government shall detail this Article.

Article 101. Cultural, artistic and recreational activities of students

1. In addition to general education classes, vocational training classes and working hours, students may participate in cultural, artistic, physical training and sports activities, read books and newspapers, watch television, and participate in other recreational activities organized by reformatories.

2. In addition to the time for participating in educational, learning, working and common activities, students who are religious followers may use scriptures legally published in the form of printed books and express their religious beliefs in accordance with the law on beliefs and religions.

3. Students are encouraged to promote their abilities and strengths in music, painting, literature, arts and sports.

4. The Government shall detail this Article.

Article 102. Examination, assessment, classification of students and organization of exams

1. Reformatories shall organize examinations, assessment, classification of students and organize term-end exams, end-of-school year exams, transfer exams, exams for selection of gifted students or other forms of exams.

2. Grade books, school reports, records and forms related to students’ learning must comply with unified forms set by the Ministry of Education and Training.

3. Provincial-level Departments of Education and Training, and district-level Education and Training Divisions of localities where reformatories are located shall grant general education certificates to students; vocational training institutions shall grant vocational certificates to students.

4. The Government shall detail this Article.

Article 103. Meal and clothing regime of students

1. Students shall be provided with law-specified rations of rice, vegetables, meat, fish, egg, sugar, fish sauce, cooking oil, food seasonings, fuel and some other essentials.

On public holidays and Tet specified by law, students are entitled to additional food rations for their meals which must not exceed 5 times the normal daily food rations.

Students shall be provided with hygienic foods and drinks. The diet for sick, ill, or injured students shall be prescribed by physicians or doctors.

2. Every year, students shall be provided with clothes and other daily necessities; female students shall be additionally provided with necessities for feminine hygiene. Students who work or participate in vocational training shall be additionally provided with personal protective clothes and gear for their work and vocational training.

3. The Government shall detail this Article.

Article 104. Accommodation and daily necessities for students

1. Based on the gender, age, personal characteristics, and nature and level of offenses of students, reformatories shall arrange suitable accommodation for them in dormitory rooms.

2. Students shall be provided with beds with mats, mosquito nets, pillows, blankets and may use their own personal items, except those prohibited from use in reformatories. Items necessary for students’ daily activities shall be lent or provided by reformatories.

3. The Government shall detail this Article.

Article 105. Health care for students

1. Students shall be provided with periodic health check-ups; students who are ill or suffer diseases or injuries shall be treated at reformatories’ infirmaries. For those whose illness, diseases or injuries fall beyond treatment capacity of reformatories’ infirmaries, principals of reformatories shall decide to send them to state-run medical examination and treatment facilities for treatment. Medical examination and treatment expenses shall be paid by reformatories.

In case there are medical examination and treatment establishments that are capable of providing treatment and voluntarily provide free-of-charge medical examination and treatment to students, principals of reformatories shall decide on the cases.

2. Medical examination and treatment expenses specified in Clause 1 of this Article shall be paid by the state budget. Expenses for organization of drug addiction treatment and HIV/AIDS treatment for students must comply with law. In case a student is allowed to take a leave to be taken home for medical treatment, his/her family shall pay medical examination and treatment expenses.

3. The Government shall detail this Article.

Article 106. Procedures for handling cases where students die

1. In case a student dies, the principal of the reformatory shall immediately notify thereof to the district-level investigation agency and people’s procuracy of the locality where the reformatory is located for the latter to identify the cause of his/her death, and concurrently to his/her relatives.

2. After the investigation agency and the people’s procuracy permit the burial, the reformatory shall organize the burial, report thereon to the criminal judgment enforcement management agency of the Ministry of Public Security and notify thereof to the court that has issued the decision on the application of education measures at a reformatory. Burial expenses shall be paid by the state budget. In case relatives of a deceased student file a request for receipt of his/her corpse, ashes or remains for burial and bear expenses themselves, the reformatory shall hand over the student’s corpse to his/her relatives. The organization of the burial must ensure security, order and environmental sanitation.

3. The Government shall detail this Article.

Article 107. Regime of meeting relatives, contacting and receiving gifts of students in reformatories

1. Students may meet relatives at the reception area of ​​reformatories and shall comply with regulations on meetings and visits.

2. Students may contact by phone or connect by video or audio calls using electronic means with relatives in the country under the supervision of teachers of reformatories and shall bear expenses therefor by themselves.

3. Students may send and receive letters and gifts in the form of money and objects, except alcohol, beer, cigarettes, other stimulants, objects and cultural products on the prohibited list. Reformatories shall check letters and gifts before students send or receive them. Students who have money or valuable papers shall deposit them to reformatories for management and use under regulations of reformatories.

4. The Government shall detail this Article.

Article 108. Handling of cases of students in mourning

1. When a family member of the student, who is his/her father, mother, biological child, or direct fosterer, dies and his/her relatives file a letter of guarantee, certified by the commune-level People’s Committee of the locality where the student resides, the principal of the reformatory may consider allowing the student to return to his/her family for no more than 5 days, excluding travel time. The time at family shall be counted into the period of serving education measures at a reformatory.

2. When a student is allowed to return to his/her family, a relative shall come to receive the student and write a commitment to manage him/her during the time at family and be responsible for bringing him/her back to the reformatory within the law-prescribed time.

3. When the time of returning to family expires, the student himself/herself shall voluntarily return to the reformatory to continue serving education measures at a reformatory. If the student fails to do so, the principal of the reformatory shall arrange forces to bring that student back to the reformatory. If the student absconds, the principal of the reformatory shall issue a decision to search for him/her.

Article 109. Emulation grading of students

1.  For the purpose of emulation, students shall be assessed and graded into 4 levels: good, fair, average, and poor.

2. Reformatories shall grade their students on a monthly, quarterly and annual basis.

3. The Government shall detail this Article.

Article 110. Early termination of the serving of education measures at a reformatory

1. Students who have served half of the term of education measures at a reformatory and obtain a fair or higher emulation grade are entitled to early termination of the serving of education measures at a reformatory if they:

a/ Show a positive study attitude and great improvement;

b/ Have made meritorious contributions.

2. Principals of reformatories shall make dossiers to request district-level people’s courts of localities where reformatories are located to consider and decide on early termination of the serving of education measures at a reformatory. Such a dossier must comprise:

a/ A written request, made by the concerned reformatory student;

b/ An official request, made by the concerned reformatory;

c/ A copy of the decision on the application of education measures at a reformatory;

d/ The student’s grading results;

dd/ An evaluation sheet stating the student’s positive study attitude and great improvement or documents showing the student’s contributions, certified by competent agencies;

e/ Other relevant documents.

3. Within 3 working days after receiving a dossier of request of the principal of the reformatory, the chief justice of the court shall consider and decide on early termination of the serving of education at a reformatory for the student. In case of rejecting the request, he/she shall reply in writing, clearly stating the reason.

4. The decision on early termination of the serving of education measures at a reformatory becomes legally effective from the date of issuance and is not subject to any complaints or petitions. It shall be immediately sent to the student, his/her representative, the reformatory, the court that has issued the decision on application of education measures at a reformatory, the same-level procuracy, and the criminal judgment enforcement management agency of the Ministry of Public Security.

5. Upon receiving the decision, the principal of the reformatory shall announce it and carry out procedures for the student to leave the reformatory.

Article 111. Commendation and handling of violations of students

1. Students who strictly abide by law and regulations of reformatories and have their performance graded as fair or higher or have made meritorious contributions, shall be commended by principals of reformatories in one or more of the following forms:

a/ Receiving commendation and certificates of merit and/or gifts;

b/ Joining in tours organized by reformatories;

c/ Reuniting with their families at reformatories for 1 day;

d/ Increasing the number of phone calls or video or audio calls by electronic means with their relatives in the country.

2. In case students violate study or labor discipline or commit other acts of violating the regulations of reformatories, principals of reformatories shall, depending on the nature and severity of their violations, decide to handle them in one of the following forms:

a/ Warning;

b/ Criticism;

c/ Suspension of certain recreational activities for up to 3 days.

3. The decision on commendation or handling of violations shall be recorded in the student’s file.

4. The Government shall detail this Article.

Article 112. Procedures for students to leave reformatories

1. Two months before a student’s term of serving education measures at a reformatory expires or immediately after receiving a decision on early termination of the serving of education measures at a reformatory, the principal of the reformatory shall notify in writing the commune-level People’s Committee of the locality where the student resides and his/her family of the date when the student may leave the reformatory.

2. For a student aged under 18 years who has completely served education measures at a reformatory and whose parents and guardians are unknown, the reformatory shall contact the commune-level People’s Committee of the locality where the reformatory is located to request the latter to assist, arrange accommodation, and create employment and study opportunities for the student. In case the commune-level People’s Committee cannot arrange accommodation for the student, the reformatory shall prepare a file to send him/her to a social protection facility in the locality where the reformatory is located.

2. On the last day of the term of serving education measures at a reformatory, the principal of the reformatory shall organize a health check-up and issue a certificate of completion of the serving of education measures at a reformatory for the student and send such certificate to the criminal judgment enforcement management agency of the Ministry of Public Security, the court that has issued the decision on the application of education measures at a reformatory and the commune-level People’s Committee of the locality where the student comes to reside.

3. When leaving the reformatory, the student shall receive back his/her money, valuable papers, assets and objects kept by the reformatory, general education and vocational training certificates issued during the period of serving education measures at a reformatory; and shall be provided with travel and food expenses for the trip to his/her place of residence, and 1 set of clothes. In case the term of serving education measures at a reformatory has expired but the student has yet to make any improvement, the principal of the reformatory shall make a separate assessment and recommend further educational measures to the commune-level People’s Committee and the criminal judgment enforcement agency of the district-level public security division of the locality where the student comes to reside.

4. For a student aged under 16 years or a student who is ill or suffers a disease and has no relatives to pick him/her up on the day of leaving the reformatory, the reformatory shall appoint a person to take him/her back to family or the commune-level People’s Committee of the locality where the student comes to reside.

5. Within 10 days after leaving the reformatory, the student who has completely served education measures at a reformatory shall present him/herself to the commune-level People’s Committee of the locality where he/she comes to reside, except the cases where the student is assigned to a social protection facility.

6. The Government shall detail this Article.

Article 113. Supervision of the execution of education measures at a reformatory

1. When supervising the execution of education measures at a reformatory, procuracies have the following tasks and powers:

a/ To request criminal judgment enforcement agencies of district-level public security divisions of localities where persons who have to serve education measures at a reformatory reside and reformatories to self-inspect the execution of education measures at a reformatory and notify results to procuracies; to request the provision of dossiers and documents related to the execution;

b/ To directly supervise the execution of education measures at a reformatory by criminal judgment enforcement agencies of district-level public security divisions and reformatories; to supervise dossiers of execution of education measures at a reformatory;

c/ To request criminal judgment enforcement agencies of district-level public security divisions and reformatories to prepare dossiers to request competent courts to consider and decide to postpone, suspend or early terminate the serving of education measures at a reformatory or request criminal judgment enforcement agencies of district-level public security divisions or reformatories to notify competent courts for the latter to terminate the execution of decisions on the application of education measures at a reformatory;

d/ To make petitions to courts when detecting violations related to the performance of tasks and exercise of powers of courts during the process of execution of education measures at a reformatory;

dd/ To make protests, petitions and requests to criminal judgment enforcement agencies of district-level public security divisions and reformatories with regard to the execution of education measures at a reformatory when detecting violations; to request the termination of the execution, amendment or annulment of decisions containing violations of law with regard to the execution of education measures at a reformatory; to request the termination of illegal acts;

e/ To supervise the compliance with law in the settlement of complaints and denunciations about the execution of education measures at a reformatory under Clause 2 of this Article;

g/ To institute criminal proceedings or request investigation agencies to institute criminal proceedings when detecting cases and matters showing signs of crime in the execution of education measures at a reformatory in accordance with law;

h/ To perform other tasks and exercise other powers in supervising the execution of education measures at a reformatory.

2. Procuracies shall directly supervise the settlement of complaints and denunciations by courts, the criminal judgment enforcement management agency, and criminal judgment enforcement agencies.

When supervising the settlement of complaints and denunciations in the execution of education measures at a reformatory, procuracies may request courts, the criminal judgment enforcement management agency, and criminal judgment enforcement agencies at the same or lower level to perform the following tasks: to issue complaint or denunciation settlement documents; to inspect the settlement of complaints and denunciations within their authority and of their subordinates; to notify results of the settlement to procuracies; and provide dossiers and documents relating to the settlement of complaints and denunciations to procuracies.

3. The responsibility to realize requests, petitions, protests and recommendations of procuracies on the execution of education measures at a reformatory is as follows:

a/ For the requests specified at Point a, Clause 1 of this Article, criminal judgment enforcement agencies of district-level public security divisions and reformatories shall realize such request within 30 days after receiving such a request, except requests for making a dossier under Clause 3, Article 94 of this Law and requests for provision of dossiers and documents related to execution of  judgments, which must be implement immediately;

b/ For the requests, protests and petitions specified at Points c, d and dd, Clause 1 of this Article, the court, criminal judgment enforcement agencies of district-level public security divisions and reformatories shall issue a written reply within 15 days after receiving such a request, protest or petition;

c/ For the protests specified at Point d, Clause 1 of this Article, criminal judgment enforcement agencies of district-level public security divisions and reformatories shall issue a written reply within 15 days after receiving such a protest. If disagreeing with protests, these agencies may file a complaint to the immediate superior people’s procuracy; the immediate superior people’s procuracy shall settle the case within 15 days after receiving the complaint. The decision of the immediate superior people’s procuracy is binding.

Article 114. Complaints and denunciations in the execution of education measures at a reformatory

1. The filing of complaints and denunciations must comply with the Law on the Execution of Criminal Judgments.

2. The Minister of Public Security shall assume the prime responsibility for, and coordinate with Chief Justice of the Supreme People’s Court and the Procurator General of the Supreme People’s Procuracy in, detailing this Article.

Part Three

PENALTIES AND PROCEEDINGS APPLICABLE TO MINORS

Chapter VI

PENALTIES

Section 1

PENALTIES

Article 115. Penalties applicable to juvenile offenders

A minor who commits an offense shall be subject to only one of the following penalties for each offense:

1. Warning;

2. Fine;

3. Non-custodial reform;

4. Termed imprisonment.

Article 116. Warning

Warning shall be imposed on a person aged between full 16 years and under 18 years who commits a serious crime unintentionally or commits a less serious crime with several extenuating circumstances which, however, are not enough for him/her to be exonerated from penalty.

Article 117. Fine

1. Fine shall be imposed on a juvenile offender if he/she has income or private property.

2. The fine level imposed on a person aged between full 16 years and under 18 years who commits a crime must not exceed half of the fine level specified in the relevant article of the Penal Code.

3. The fine level imposed on a person aged between full 14 years and under 16 years who commits a crime must not exceed one-third of the fine level specified in the relevant article of the Penal Code.

Article 118. Non-custodial reform

1. Non-custodial reform shall be imposed on a person aged between full 16 years and under 18 years who commits a very serious crime unintentionally or commits a less serious crime or a serious crime, or a person aged between full 14 years and under 16 years who commits a very serious crime.

2. When applying the penalty of non-custodial reform to a juvenile offender, no deduction shall be made from his/her income.

3. The term of non-custodial reform for a juvenile offender must not exceed half of the term specified in the relevant article of the Penal Code.

Article 119. Termed imprisonment

Termed imprisonment sentences applicable to juvenile offenders are specified as follows:

1. For a person who is aged between full 16 years and under 18 years when committing a crime, if the penalty specified in the applicable article of the Penal Code is life imprisonment or the death penalty, the highest applicable penalty must not exceed 15 years of imprisonment; if it is a termed imprisonment, the highest applicable penalty must not exceed three-fifths of the imprisonment term specified in the relevant article of the Penal Code, except the cases specified in Clause 2 of this Article;

2. For a person who is aged between full 16 and under 18 years when committing a crime, if the penalty specified in the applicable article of the Penal Code is life imprisonment or the death penalty, the highest applicable penalty must not exceed 18 years of imprisonment; if it is a termed imprisonment, the highest applicable penalty must not exceed three-fourths of the imprisonment term specified in the relevant article of the Penal Code if he/she commits one of the following crimes:

a/ Murder;

b/ Rape;

c/ Raping a person aged under 16 years;

d/ Having forcible sexual intercourse with a person aged between full 13 years and under 16 years;

dd/ Illegal producting narcotics;

3. For a person who is aged between full 14 years and under 16 years when committing a crime, if the penalty specified in the applicable article of the Penal Code is life imprisonment or the death penalty, the highest applicable penalty must not exceed 9 years of imprisonment; if it is a termed imprisonment, the highest applicable penalty must not exceed two-fifths of the imprisonment term specified by the relevant article of the Penal Code, except the cases specified in Clause 3 of this Article;

4. For a person who is aged between full 14 years and under 16 years when committing a crime, if the penalty specified in the applicable article of the Penal Code is life imprisonment or the death penalty, the highest applicable penalty must not exceed 12 years of imprisonment; if it is a termed imprisonment, the highest applicable penalty must not exceed half of the imprisonment term specified in the relevant article of the Penal Code if he/she commits one of the following crimes:

a/ Murder;

b/ Rape;

c/ Raping a person aged under 16 years;

d/ Having forcible sexual intercourse with a person aged between full 13 years and under 16 years;

e/ Illegal producting narcotics.

Section 2

DECISION ON PENALTIES, AGGREGATION OF PENALTIES, EXEMPTION FROM, AND REDUCTION OF, PENALTIES, EXPUNGEMENT OF CRIMINAL RECORDS

Article 120. Decision on penalties in case of preparation to commit crimes or uncompleted commission of crimes

1. Courts shall decide on penalties for minors in case of preparation to commit crimes or uncompleted commission of crimes according to relevant articles of the Penal Code on such crimes, depending on the nature, extent of danger to the society, extent of realizing the intention to commit the crime and other circumstances that prevent the crime from being carried out to the end.

2. The highest penalty imposed on a person aged between full 14 years and under 16 years who prepares to commit a crime must not exceed one-third of the penalty specified in the penalty bracket for the act of preparing to commit a crime specified in the applicable article of the Penal Code.

The highest penalty imposed on a person aged between full 16 years and under 18 years who prepares to commit a crime must not exceed half of the penalty specified in the penalty bracket for the act of preparing to commit a crime specified in the applicable article of the Penal Code.

3. The highest penalty imposed on a person aged between full 14 years and under 16 years who commits a crime in an uncompleted manner must not exceed one-third of the penalty specified in Articles 117, 118 and 119 of this Law.

The highest penalty imposed on a person aged between full 16 and under 18 years who commits a crime in an uncompleted manner must not exceed half of the penalty specified in Articles 117, 118 and 119 of this Law.

Article 121. Aggregation of penalties in case of commission of multiple crimes

1. When adjudicating a minor who commits multiple crimes at the same time, the court shall decide on penalty(ies) for each crime and aggregate penalties in accordance with the Penal Code.

If the aggregated penalty is non-custodial reform, the applicable maximum penalty must not exceed 3 years.

If the aggregated penalty is termed imprisonment, the applicable maximum penalty must not exceed 18 years for persons who are aged between full 16 years and under 18 years when committing the crime or 12 years for persons who are aged between full 14 years and under 16 years when committing the crime.

2. For minors who commit multiple crimes, some of which are committed before they reach full 16 years old and others are committed after they reach full 16 years old, the aggregated penalty must not exceed the maximum penalty applicable to persons aged between full 16 years and under 18 years as specified in Clause 1 of this Article.

3. For persons who commit multiple crimes, some of which are committed before they reach full 18 years old and others are committed after they reach full 18 years old, the aggregation of penalties must comply with regulations applicable to persons aged full18 years or older who commit crimes.

Article 122. Aggregation of penalties under multiple judgments

In case a person who is serving a judgment and is adjudicated for a crime committed before or after the judgment is rendered, the aggregation of penalties must comply with the Penal Code.

In case a person is serving multiple judgments that have taken legal effect while penalties under such judgments have not been aggregated, the aggregation of penalties must comply with the Penal Code.

The aggregated penalty must not exceed the maximum penalty specified in Article 121 of this Law.

Article 123. Reduction of pronounced penalties

1. For a juvenile offender who is sentenced to non-custodial reform or imprisonment, if he/she shows improvements and has served one-quarter of his/her penalty, the court may consider reducing his/her penalty-serving term; those who are subject to imprisonment may be entitled to reduction of penalties with each reduction of up to 4 years but they must have served at least two-fifths of the pronounced penalty.

2. For a juvenile offender who is sentenced to non-custodial reform or imprisonment, if he/she has made a meritorious contribution or suffers a serious illness, he/she may be considered for immediate reduction of penalty and may be exempted from serving the remaining part of the penalty.

3. For a juvenile offender who is fined but falls into a particularly difficult economic situation for a long time due to a disaster, fire, accident or illness or has made a meritorious contribution, upon the proposal of the chief procurator, the court may decide on reduction of or exemption from the remaining part of the fine.

Article 124. Suspended sentence

When rendering an imprisonment sentence of up to 3 years, based on the juvenile offender’s personal records and extenuating circumstances, if deeming it unnecessary to send him/her to prison, the court shall suspend the execution of the sentence and place the offender on probation for a period of between 1 year and 3 years and coerce him/her to fulfill all obligations during the probation period in accordance with the Law on Enforcement of Criminal Judgments.

Article 125. Postponement of the serving of imprisonment penalty

A juvenile offender who is sentenced to imprisonment may be entitled to postponement of the serving of his/her imprisonment sentence in the following cases:

1. The cases eligible for postponement of the serving of imprisonment penalty in accordance with the Penal Code;

2. He/she has registered and is qualified for participation or is participating in the junior secondary school graduation exam, upper secondary school graduation exam, or graduation exam in vocational education institutions as certified by the education institution or vocational education institution where he/she studies, he/she may be entitled to postponement of the imprisonment sentence until the exam completes.

Article 126. Conditional early release

1. A juvenile offender who is serving an imprisonment sentence may be entitled to early release if fully meeting the following conditions:

a/ Having shown improvements and good sense of reform;

b/ Having served one-third of the imprisonment term;

c/ Having a clear place of residence.

2. The conditional early release shall be considered as soon as all the conditions specified in Clause 1 of this Article are met.

The competent criminal judgment enforcement agency shall make a dossier of request for conditional early release and shall be held responsible for the accuracy and legality of the dossier.

3. At the request of the competent criminal judgment enforcement agency, the court shall decide to grant conditional early release for the convicted person. The person granted conditional early release shall fulfill the obligations during the probation period. The probation period is equal to the remaining time of the imprisonment sentence.

4. If a person who is granted conditional early release intentionally breaches his/her obligations twice or more or is administratively sanctioned twice or more during the probation period, the court may cancel the decision on conditional early release and shall coerce him/her to serve the remaining time of the imprisonment sentence.

If he/she commits a new crime during the probation period, the court shall coerce him/her to serve the penalty under the new judgment aggregated with the unserved part of the imprisonment penalty of the previous judgment under Article 122
of this Law.

5. In case a person who is granted conditional early release and has served at least half of the probation period shows great improvements, the court may, at the request of the competent criminal judgment enforcement agency, decide to shorten the probation period.

Article 127. Expungement of criminal records

1. A convicted minor shall be considered having never been convicted if falling into one of the following cases:

a/ He/she is aged between full 14 years and under 16 years;

b/ He/she is aged between full 16 years and under 18 years and is convicted for committing a less serious crime, a serious crime, or a very serious crime unintentionally.

2. A person aged between full 16 years and under 18 years who is convicted of intentionally committing a very serious crime or a particularly serious crime may be entitled to automatic expungement of criminal records if he/she commits no new crime within the following period counting from the date he/she completely serves the penalty or from the date of expiration of the probation period of the suspended sentence or from the expiration of the statute of limitations for execution of the sentence:

a/ Three months, if he/she is subject to warning, fine, non-custodial reform or suspended sentence;

b/ Six months, if he/she is sentenced to imprisonment of up to 5 years;

c/ One year, if he/she is sentenced to imprisonment of between over 5 years and 15 years;

d/ Two years, if he/she is sentenced to imprisonment of over 15 years.

CHAPTER VII

LITIGATION PROCEDURES FOR MINORS WHO ARE DENOUNCED, PROPOSED FOR INSTITUTION OF CRIMINAL PROCEEDINGS, DETAINED IN EMERGENCY CASES, AND CHARGED WITH CRIMES

Section I

GENERAL PROVISIONS

Article 128. Matters to be identified when conducting proceedings against minors charged with a crime

1. Age, level of physical and mental development, and cognition of their criminal acts;

2. Living and educational conditions;

3. Whether or not being incited by adults;

4. Causes, conditions and circumstances of the offense commission.

Article 129. Time limits for investigation, decision on prosecution, first-instance trial preparation and appellate trial preparation

1. The time limits for investigation, decision on prosecution, first-instance trial preparation and appellate trial preparation for cases involving minors charged with crimes must not exceed half of the equivalent time limits specified in the Criminal Procedure Code.

For particularly complicated cases or cases in the stage of prosecution or first-instance trial for which procuracies or courts have declared the application of diversionary measures, it is allowed to apply relevant provisions on time limits for investigation, decision on prosecution, first-instance trial preparation, and appellate trial preparation of the Criminal Procedure Code.

2. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, Minister of Public Security and Minister of National Defense in, detailing this Article.

Article 130. Defense

1. A minor charged with a crime may make self-defense or ask another person to defend him/her.

2. The representative of a minor charged with a crime may select a defense counsel for, or defend by himself/herself, such minor.

3. In case a minor charged with a crime does not accept the defense counsel selected by his/her representative, the minor’s selection must be complied with.

4. In case a minor charged with a crime has no defense counsel or his/her representative does not select a defense counsel for him/her, the agency competent to conduct the proceedings shall appoint a defense counsel for him/her in accordance with the Criminal Procedure Code. In case the minor refuses the appointed defense counsel, the agency competent to conduct the proceedings shall still appoint a defense counsel for him/her.

Article 131. Notification of procedural activities

1. Before conducting procedural activities, agencies or persons competent to conduct the proceedings shall notify in advance within a reasonable period of time for representatives, defense counsels, and defenders of lawful rights and interests of minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with crimes of the time and places of conducting the procedural activities in which they have the right to participate in accordance with the Criminal Procedure Code.

2. The notification must be in writing, clearly stating the full name, address and phone number of the person making the notification and the notified person. When it is necessary to ensure the timely presence of the representative, defense counsel or defender of lawful rights and interests of the minor who is denounced, proposed for institution of criminal proceedings, detained in an emergency case or charged with a crime, the agency or person competent to conduct the proceedings shall notify such person in person or via phone or other electronic means and immediately send a notice afterward.

3. The representative, defense counsel or defender of lawful rights and interests of the minor who is denounced, proposed for institution of criminal proceedings, detained in an emergency case or charged with a crime shall, after receiving the notice, promptly inform the agency or person competent to conduct the proceedings of his/her presence and participation in the proceedings.

4. The notification of other procedural activities must comply with the Criminal Procedure Code.

Article 132. Participation in proceedings of representatives

1. Representatives of minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with crimes have the right and obligation to participate in proceedings under decisions of agencies competent to conduct the proceedings.

2. A person may not act as the representative of a minor who is denounced, proposed for institution of criminal proceedings, detained in an emergency case or charged with a crime in the following cases:

a/ The participation in proceedings of such person asserts adverse impacts on the psychological status of the minor, thus affecting the verification of the truth of the case;

b/ The act of such person is the direct cause of the criminal act of the minor.

3. The representative of a minor who is denounced, proposed for institution of criminal proceedings, detained in an emergency case or charged with a crime may participate in the statement taking, interrogation, confrontation and search and examination of traces on the body of the minor; participate in the identification, voice recognition and other procedural activities of the minor in accordance with this Law and the Criminal Procedure Code; present evidence, documents, objects, requests, complaints and denunciations; read, take notes and make copies of documents relating to the accusation against the minor in the case file upon the completion of the investigation.

4. The representative of a minor being a defendant, when participating in a hearing, may present evidence, documents, objects, requests and proposals on replacement of the proceedings-conducting person; present his/her opinions and arguments; and complain about procedural acts of the persons competent to conduct the proceedings and about rulings of the court.

5. Immediately after accepting a matter or case for settlement, the agency competent to conduct the proceedings shall notify in writing the representative of the minor who is denounced, proposed for institution of criminal proceedings, detained in an emergency case or charged with a crime for participation in the proceedings; when necessary, it is allowed to notify the representative in person or via phone or other electronic means provided a notice shall be sent immediately afterward.

6. The representative shall be present on time and at the place stated in the notice.

Article 133. Participation in proceedings of organizations

1. Representatives of education institutions, vocational education institutions, the Vietnam Women’s Union, the Ho Chi Minh Communist Youth Union, and other organizations where minors study, work and participate in common activities have the right and obligation to participate in the proceedings under decisions of agencies competent to conduct the proceedings.

2. When participating in a hearing, the persons specified in Clause of this Article may present evidence, documents, objects and requests; and present their opinions and arguments.

Article 134. Confidentiality of information of minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with crimes

1. Information related to criminal acts committed by minors may not be made public, unless such persons are pursued under decisions of competent agencies.

2. Documents, evidence and information related to personal identifications and criminal acts of minors may only be used for the settlement of matters or cases, and are strictly prohibited from being used for other purposes.

3. In special cases where it is necessary to protect minors, courts may hold a in-camera trial but shall publicly announce judgments’ rulings.

Section 2

DETERRENT MEASURES AND COERCIVE MEASURES

Article 135. Deterrent measures and coercive measures

1. Deterrent measures applicable to minors include:

a/ Holding of persons in cases of emergency;

b/ Arrest in the cases specified in the Criminal Procedure Code;

c/ Holding of persons in custody;

d/ Temporary detention;

dd/ Electronic monitoring;

e/ Monitoring by representatives;

g/ Bail;

h/ Deposit of money as security;

i/ Ban on travel outside minors’ residences;

k/ Postponement of exit.

2. Coercive measures applicable to minors include:

a/ Police escort and accompanied escort;

b/ Distraint of property;

c/ Freezing of account.

3. After holding a minor in case of emergency, arresting, holding in custody or temporarily detaining a minor, the person issuing the holding, arrest, holding in custody or temporary detention warrant or decision against the minor shall notify such to his/her family, the commune-level People’s Committee of the locality where he/she is residing or the agency or organization where he/she is working or studying; when necessary, it is allowed to notify such person, agency or organization in person or via phone or other electronic means, provided a written notice shall be sent immediately afterward.

Within 12 hours after receiving a minor who is held or arrested, the investigation agency receiving him/her shall notify such to his/her family, the People’s Committee of the commune where he/she is residing or the agency or organization where he/she is working or studying. In case the minor is a foreign citizen, his/her holding or arrest shall be notified to the Vietnamese diplomatic agency for notification to the diplomatic mission of the country of which he/she is a citizen.

If the notification impedes the pursuit and arrest of another person or the investigation, after such impediment no longer exists, the issuer of the holding or arrest warrant or decision and the investigation agency that has received the minor shall immediately notify such.

Article 136. Application of the measure of holding of persons in case of emergency

1. Persons aged between full 14 years and under 16 years may be held in case of emergency for offenses for which they bear penal liability in accordance with the Penal Code if falling into the cases subject to application of the measure of holding in case of emergency specified in the Criminal Procedure Code.

2. Persons aged between full 16 years and under 18 years may be held in case of emergency for serious offenses committed intentionally, very serious offenses or particularly serious offenses if falling into the cases subject to application of the measure of holding in case of emergency specified in the Criminal Procedure Code.

Article 137. Application of the measure of holding of persons in custody

1. Persons aged between full 14 years and under 16 years may be held in custody for offenses for which they bear penal liability in accordance with the Penal Code if falling into the cases subject to application of the measure on holding of persons in custody specified in the Criminal Procedure Code.

2. Persons aged between full 16 years and under 18 years may be held in custody for serious offenses committed intentionally, very serious offenses or particularly serious offenses if falling into the cases subject to application of the measure on holding of persons in custody specified in the Criminal Procedure Code.

Persons aged between full 16 years and under 18 years may be held in custody for serious offenses committed unintentionally or less serious offenses if they relapse into committing offenses or abscond and be arrested under pursuit warrants.

3. The period of for holding of a person in custody must not exceed 3 days, counted from the date the investigation agency or agency assigned to carry out a number of investigation activities receives a held or arrested minor or escorts him/her to its office or counted from the date the investigation agency issues a decision to hold a self-surrendering or confessing offender in custody. When necessary, a person issuing a decision on holding of a person in custody may extend the period of holding him/her in custody once for up to 3 days.

Within 12 hours after receiving a dossier of request for extension of the period of holding of a person in custody, the same-level procuracy or competent procuracy shall issue a decision approving or disapproving the extension.

Article 138. Application of the measure of temporary detention

1. Temporary detention may apply to a minor as the accused or a defendant who is aged between full 14 years and under 16 years and charged with a particularly serious offense in accordance with the Penal Code when having grounds to believe that such minor falls into one of the following cases:

a/ Having been subject to another deterrent measure but still committing a violation;

b/ Having no clear place of residence;

c/ Having absconded and being arrested under a pursuit warrant; 

d/ Relapsing into committing an offense or having grounds to believe that he/she seeks, prepares tools or means or creates other conditions to continue  the offense commission;

dd/ Committing act of destroying or falsifying evidence, documents or objects of the case; intimidating, controlling or taking revenge on a witness, victim or offense denouncer or his/her relatives.

2. Temporary detention may apply to a minor as the accused or a defendant aged between full 14 years and under 16 years charged with a very serious crime in accordance with the Penal Code when having grounds to believe that he/she falls into one of the following cases:

a/ Having been subject to another deterrent measure but still committing a violation;

b/ Having no clear place of residence;

c/ Having absconded and being arrested under a pursuit warrant; 

d/ Relapsing into committing an offense or having grounds to believe that he/she seeks, prepares tools or means or creates other conditions to continue the offense commission;

dd/ Committing act of destroying or falsifying evidence, documents or objects of the case; intimidating, controlling or taking revenge on a witness, victim or offense denouncer or his/her relatives.

3. Temporary detention may apply to a minor as the accused or a defendant aged between full 16 years and under 18 years charged with a serious offense committed intentionally, very serious offense or particularly serious offense in accordance with the Penal Code when having grounds to believe that he/she falls into one of the following cases:

a/ Having been subject to another deterrent measure but still committing a violation;

b/ Having no clear place of residence;

c/ Having absconded and being arrested under a pursuit warrant or having grounds to believe that he/she is likely to abscond; 

d/ Relapsing into committing an offense or having grounds to believe that he/she seeks, prepares tools or means or creates other conditions to continue the offense commission;

dd/ Committing act of buying off, forcing or inciting another person to make untruthful statements or declarations or provide untruthful documents; destroying or falsifying evidence, documents or objects of the case; intimidating, controlling or taking revenge on a witness, victim or offense denouncer or his/her relatives.

4. Temporary detention may apply to a minor as the accused or a defendant aged between full 16 years and under 18 years charged with a serious crime committed unintentionally or less serious crime if he/she relapses into committing an offense or has absconded and is arrested under a pursuit warrant.

5. The period of temporary detention of a minor as the accused or a defendant must not exceed half of the temporary detention duration specified in the Criminal Procedure Code, except the case specified in Clause 8, Article 151 of this Law. When the ground for temporary detention no longer exists, the agency or person competent to conduct the proceedings shall promptly cancel such measure and replace it with another deterrent measure.

6. In case a minor as the accused or a defendant is temporarily detained and there is a notice of application of diversionary procedures, the proceedings-conducting agency shall consider to continue the temporary detention or cancel the measure or replace it with another deterrent measure.

7. The Procurator General of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, Minister of Public Security and Minister of National Defense in, detailing Clause 5 of this Article.

Article 139. Application of the measure of electronic monitoring

1. Electronic monitoring is a deterrent measure in replacement of temporary detention. Based the nature and level of danger to the society of the act and on the personal identification of the minor as the accused or a defendant, the investigation agency, procuracy or court may decide to put him/her under electronic monitoring.

2. A minor as the accused or a defendant put under electronic monitoring shall make a written commitment to perform the following obligations:

a/ To refrain from going out of the area of monitoring, except the case specified in Clause 5 of this Article;

b/ To be present in response to a summon, unless he/she cannot do so due to a force majeure event or an external obstacle;

c/ To refrain from absconding or relapsing into committing an offense;

d/ To refrain from buying off, forcing or inciting another person to make false statements or declarations or provide untruthful documents; to refrain from destroying or falsifying evidence, documents and objects of the case, or dispersing property related to the case; to refrain from intimidating, controlling or taking revenge on a witness, victim or offense denouncer or his/her relatives.

dd/ To refrain from disassembling, destroying or interfering the operation of the electronic monitoring device.

3. Heads and deputy heads of investigation agencies, chief procurators and deputy chief procurators of procuracies, chief justices and deputy chief justices of courts, judges presiding over court hearings, and trial panels may issue decisions on electronic monitoring of minors as the accused or defendants and must clearly state the scope of monitoring. Decisions of heads or deputy heads of investigation agencies must be approved by same-level procuracies before being executed.

4. The duration of electronic monitoring must not exceed the investigation time limit, and time limit for decision on prosecution, first-instance trial preparation or appellate trial preparation specified in this Law. The duration of electronic monitoring of a minor sentenced to imprisonment must not exceed the period from the time his/her imprisonment sentence is pronounced to the time such person starts serving the sentence.

5. The person who issues the decision on application of the measure of electronic monitoring shall immediately send such decision to the minor as the accused or defendant and his/her representative; and immediately notify the application of such measure to the People’s Committee of the commune where the minor is residing and hand over the minor to the People’s Committee of such commune for execution.

In case a minor as the accused or a defendant who, due to a force majeure event or an external obstacle, has to temporarily leave the area of monitoring, he/she shall obtain the consent of the People’s Committee of the commune where he/she is residing and permission of the person who has issued the decision on application of the measure of electronic monitoring. Such permission shall be sent to the People’s Committee of the commune where he/she is residing.

6. The minor as the accused or a defendant who breaches the guaranteed obligations specified in Clause 2 of this Article shall be temporarily detained. The People’s Committee of the commune where he/she is residing shall immediately notify the agency that has issued the decision on application of the measure of electronic monitoring of the breach for handling according to the latter’s competence.

7. The cancellation or replacement of the measure of electronic monitoring must comply with provisions on cancellation or replacement of deterrent measures of this Law and the Criminal Procedure Code.

8. The Government shall detail this Article.

Article 140. Application of the measure of supervision by representatives

1. Supervision by representatives may apply to minors as the accused or defendants to ensure their presence upon summons of investigation agencies, procuracies or courts.

2. A minor as the accused or a defendant supervised by his/her representative shall make a written commitment to perform the following obligations:

a/ To be present in response to a summons, unless he/she cannot do so due to a force majeure event or an external obstacle;

b/ To refrain from absconding or relapsing into committing an offense;

c/ To refrain from buying off, forcing or inciting another person to make false statements or declarations or provide untruthful documents; to refrain from destroying or falsifying evidence, documents and objects of the criminal case, or dispersing property related to the case; to refrain from intimidating, controlling or taking revenge on a witness, victim, offense denouncer or his/her relatives.

3. Heads and deputy heads of investigation agencies, chief procurators and deputy chief procurators of procuracies, chief justices and deputy chief justices of courts, judges presiding over court hearings, and trial panels may issue decisions on supervision by representatives, and assign minors as the accused or defendants to their representatives for supervision.

The representatives assigned the task of supervision have the obligation to closely supervise the minors, monitor their behaviors and ethics, and educate them.

In case a representative no longer has conditions to continue performing the assigned task or fails to complete the assigned task, the competent person specified in this Clause shall decide on change of the representative.

4. The duration of supervision by representatives must not exceed the investigation time limit and time limit for decision on prosecution, first-instance trial preparation or appellate trial preparation specified in this Law. The duration of supervision by a representative for a minor sentenced to imprisonment must not exceed the period from the time his/her imprisonment sentence is pronounced to the time such person starts serving the sentence.

5. The person who issues the decision on application of the measure of supervision by a representative shall immediately send such decision to the minor as the accused or defendant and his/her representative; and immediately notify the application of such measure to the People’s Committee of the commune where the minor is residing and hand over him/her to the People’s Committee of such commune for management and monitoring.

In case a minor as the accused or a defendant who, due to a force majeure event or an external obstacle, has to temporarily leave his/her residential area, he/she must obtain consent of the People’s Committee of the commune where he/she is residing and permission of the person who has issued the decision on application of the measure of supervision by a representative. Such permission shall be sent to the People’s Committee of the commune where he/she is residing.

6. A minor as the accused or a defendant who breaches the guaranteed obligations specified in Clause 2 of this Article shall be temporarily detained. The representative assigned to perform the supervision task shall promptly notify the commune-level People’s Committee of the breach and coordinate with the competent agency in promptly taking deterrent and handling measures. The People’s Committee of the commune where he/she is residing shall immediately notify the agency that has issued the decision on application of the measure of supervision by a representative of the breach for handling according to the latter’s competence.

7. The cancellation or replacement of the measure of supervision by a representative must comply with provisions on cancellation or replacement of deterrent measures of this Law and the Criminal Procedure Code.

Article 141. Application of the measures of police escort and accompanied escort

1. Police escort may apply to a minor falling into one of the following cases:

a/ A minor as the accused or a defendant who has been summoned for the second time but intentionally absent without a force majeure reason or an external obstacle;

b/ A minor held in case of emergency, or as the accused or a defendant being temporarily detained, for police escort conducted from the place of detention or custody to the location of investigation, prosecution or trial of the case.

2. Accompanied escort may only apply to a minor who is denounced or proposed for institution of criminal proceedings, who, through examination and verification with sufficient grounds, is determined involving in the criminal act for which the case is prosecuted, and has been summoned but is still absent without a force majeure reason or an external obstacle.

3. When being subject to police escort and accompanied escort, a minor may not be handcuffed or subject to another coercive measure, unless he/she shows signs of abscondence or commits act of resistance or disturbance of public order.

Section 3

PROCEDURES FOR INSTITUTION OF CRIMINAL PROCEEDINGS, INVESTIGATION AND PROSECUTION

Article 142. Receipt and processing of criminal information, institution of criminal proceedings, investigation and prosecution

1. All activities concerning the receipt and processing of criminal information, institution of criminal proceedings and investigation of cases involving minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with a crime must be carried out in an environment favorable for assurance of their safety in terms of life, health, personal secrets, honor, dignity, and other lawful rights and interests.

2. Friendly litigation procedures must be applied to minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with a crime right from the stage of institution of criminal proceedings.

3. When conducting the proceedings against minors who are denounced, proposed for institution of criminal proceedings, detained in emergency cases or charged with a crime, persons competent to conduct the proceedings must express friendly attitudes, and use language that is intelligible and suitable to minors’ age, gender, cognitive capacity and maturity level.

4. Agencies assigned to carry out investigation and receive cases involving minors charged with a crime shall request competent procuracies to decide to transfer the cases to competent investigation agencies.

5. The Chief Procurator of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security, and the Minister of National Defense in, detailing Clause 4 of this Article.

Article 143. Separation of criminal cases involving minors

1. In case the accused in a criminal case includes both minors and adults, the investigation agency shall separate the criminal case to settle the case of the minors as an independent case.

2. Documents and evidence collected in the course of settlement of the case involving the minors and the case involving the adults specified in Clause 1 of this Article shall be used in the course of settlement of these cases.

3. The Chief Procurator of the Supreme People’s Procuracy shall assume the prime responsibility for, and coordinate with the Chief Justice of the Supreme People’s Court, the Minister of Public Security, and the Minister of National Defense, in detailing this Article.

Article 144. Taking of statements, interrogation

1. In case of taking statements or conducting interrogation of minors at the place for conducting investigation or prosecution, rooms for the taking of statements or interrogation of minors must be arranged and set up in a manner that is friendly and suitable to minors’ psychological status and age.

2. When taking statements or conducting interrogation of minors, persons competent to conduct the proceedings shall consider applying appropriate measures to reduce to the utmost the duration and the times of taking statements or conducting interrogation and must immediately cease the taking of statements or interrogation if the minors show signs of fatigue, affecting their ability to provide accurate and complete information.

3. The taking of statements or interrogation of minors shall be conducted in the presence of representatives, or defense counsels or defenders of lawful rights and interests of minors, except cases of necessity to keep investigation secrets for the offenses of infringing upon the national security which must comply with the Criminal Procedure Code.

In the course of taking statements or conducting interrogation, when necessary, agencies competent to conduct the proceedings may invite social workers or experts in the fields of healthcare, psychology, education or sociology.

4. After each time a competent person completes the taking of statements or interrogation of a minor, his/her representative and defense counsel, defender of his/her lawful rights and interests and social worker may raise questions to the minor if the investigator or procurator so agrees. The investigator or procurator may request these persons not to raise questions and immediately cease the questioning if these persons’ questions are suggestive or directional with regard to the relevant cases or matters.

5. The taking of statements or interrogation of a minor shall be conducted at most twice a day with each lasting for no more than 2 hours, except in the following cases:

a/ The offense is committed in an organized manner;

b/ The taking of statements or interrogation aims to pursue other offenders who are absconding;

c/ The taking of statements or interrogation aims to prevent other persons from committing offenses;

d/ The taking of statements or interrogation aims to search for tools and means used for committing the offense or other exhibits of the case;

dd/ The case or matter involves many complicated circumstances.

6. The taking of statements or interrogation of minors may not be carried out at night, except in the following cases:

a/ The minors are held in custody in case of emergency;

b/ The taking of statements or interrogation aims to pursue other offenders who are absconding;

c/ The taking of statements or interrogation aims to prevent other persons from committing offenses.

7. The record of taking of statements or interrogation of minors shall be legally valid only when it contains signatures or fingerprints of the minor’s representative or defense counsel or the defender of his/her lawful rights and interests.

Article 145. Identification, voice recognition

1. In case of necessity, investigators may request minors who are arrested or held in custody or who are the accused to identify objects or recognize voice.

In case minors are requested to identify dead bodies with frightening features, it is required to carry out careful psychological preparation for the minors or use appropriate electronic devices or simulated images for identification.

2. In the course of identification and voice recognition, investigators shall create a comfortable atmosphere and motivate minors to identify as accurately as possible. After the minor requested to identify objects or recognize voice confirms a person, an object, an image, or a voice among those presented, investigators may not need to request him/her to explain which traces or characteristics he/she has relied on to confirm such person, object, image, or voice.

3. Identification and voice recognition may not be conducted at night, except the cases specified at Points b and c, Clause 6, Article 144 of this Law.

4. Identification and voice recognition by minors must be conducted in the presence of representatives or defense counsels of minors.

Article 146. Confrontation

1. Confrontation with minors may only be carried out in case it is impossible to settle cases without such confrontation.

2. The confrontation with a minor may be held once a day for no more than 2 hours. Persons competent to conduct the proceedings shall immediately halt the confrontation when minors show signs of fatigue or tension.

3. When conducting the confrontation, persons competent to conduct the proceedings may arrange the persons participating in the confrontation in a separate room and use electronic devices, screens, or other protective measures so as to not affect minors’ psychological status.

4. The confrontation with a minor must be conducted in the presence of his/her representative or defense counsel or defender of his/her lawful rights and interests.

Article 147. Body search, examination of traces on human bodies

1. Body search and examination of traces on the bodies of minors must be conducted in the presence of their representatives.

2. Body search, examination of traces on the bodies of minors shall be conducted as quickly as possible.

Section 4

ADJUDICATION PROCEDURES

Article 148. Competence to adjudicate criminal cases

The Family and Juvenile Tribunal has the competence to adjudicate criminal cases involving minors charged with a crime. For courts where the Family and Juvenile Tribunal has yet to be organized, the adjudication of criminal cases involving minors charged with a crime shall be carried out by the judges specified in Clause 1, Article 29 of this Law.

Article 149. Friendly courtrooms

1. Courts shall adjudicate minor defendants at friendly courtrooms.

2. The positions of proceeding-conducting persons, proceeding participants and other court attendees in the courtroom shall be arranged at the same level.

Minor defendants who participate in the proceedings at hearings may sit next to their defense counsels or representatives.

3. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 150. Presence of social workers

Social workers shall participate in hearings when being summoned by courts. If social workers are absent, trial panels shall, depending on each specific case, decide to postpone the hearings or still conduct the adjudication.

Article 151. Friendly adjudication procedures

1. Hearings must be conducted in a friendly manner, ensuring the lawful rights and interests of minors. Judges presiding over hearings shall wear the official attires of the court; prosecutors shall wear appropriate attires other than the official uniforms of the people’s procuracy.

2. In the course of adjudication, handcuffs or other coercive measures may not be used, unless minors show signs of resistance, cause disorder in the courtroom or commit other negative acts.

3. Minors’ representatives may support minors at hearings.

4. The judges presiding over hearings may request the social workers who are present at the hearings to present social investigation reports and supplementary social investigation reports (if any), propose application of diversionary measures (if any), and other related issues.

5. The inquiry of, and exchange of arguments with, minors at hearings shall be conducted in a manner suitable to their age, gender, cognitive capacity, and maturity level. Questions should be concise, simple, easy to understand, and not cover multiple issues at once.

6. In the course of adjudication, if deeming that a minor is eligible for the application of diversionary measures, the trial penal shall consider and issue a decision on the application of diversionary measures to defendants. The decision must include the contents specified in Clause 1, Article 56 of this Law, except the content on cessation of the case against the defendant. This decision may be appealed or protested against in accordance with the Criminal Procedure Code.

If deeming it necessary to formulate or supplement the diversion plan, the trial penal shall decide to suspend the hearing and request the social worker to formulate or supplement the diversion plan. The hearing suspension period shall be 10 days at most from the date the hearing suspension is decided. When the hearing suspension period expires, the trial penal shall resume the settlement of the case in accordance with law.

7. After pronouncing a judgment or announcing a ruling, the trial penal shall decide to temporarily detain the minor if he/she falls into one of the following cases:

a/ The minor is being temporarily detained and the trial panel deems it necessary to continue temporarily detaining him/her to ensure the enforcement of the judgment or ruling;

b/ The minor is not being temporarily detained but there are grounds to believe that he/she may abscond or continue to commit offenses.

8. The period of temporary detention of minors is as follows:

a/ Not exceeding 45 days from the date of pronouncing the judgment;

b/ Not exceeding 25 days from the date of announcing the decision on the application of education measures at a reformatory.

Article 152. Pronouncement of judgments

When pronouncing a judgement, the trial panel shall read aloud the decision part in the judgment. After reading aloud the judgment, the trial panel may give further explanations about the serving of the judgment, the right to appeal, and other contents as prescribed by law.

Chapter VIII

LITIGATION PROCEDURES FOR MINOR VICTIMS AND MINOR WITNESSES

Article 153. Protection and support of minor victims and minor witnesses

1. Proceedings involving minor victims or witnesses must be conducted in an environment favorable for assurance of their safety in terms of life, health, honor, dignity, property, personal secrets, and other lawful rights and interests. To reduce to the utmost the times of contact between minor victims or minor witnesses with persons who are denounced, proposed for institution of criminal proceedings or charged with a crime.

2. Agencies and persons competent to conduct the proceedings must apply appropriate measures to reduce anxiety and tension for minor victims and minor witnesses when participating in the proceedings.

3. Agencies and persons competent to conduct the proceedings shall coordinate with social workers, child protection agencies, and other related organizations to support, care for, and protect minor victims and minor witnesses in the course of conducting the proceedings.

4. To prioritize cases and matters involving minor victims or minor witnesses so as to settle them as soon as possible.

5. Agencies and persons competent to conduct the proceedings shall apply appropriate and necessary measures as prescribed by law to protect the life, health, honor, dignity, property, and other lawful rights and interests of minor victims and minor witnesses, and their family members when they are harmed or threatened to be harmed.

6. Minor victims and minor witnesses shall not be escorted.

7. Minor victims who are in difficult circumstances shall be entitled to support from the Child Protection Fund.

Article 154. Participation in the proceedings by minors’ representatives and other supporting persons

1. Minor victims are entitled to have their representatives and defenders of their lawful rights and interests, and minor witnesses are entitled to have their representatives to participate in the proceedings together with them. If the participation of a representative of a minor cannot guarantee the interests of the minor, another representative must be designated for the minor in accordance with law.

2. Right after receiving a matter or case, the agency competent to conduct the proceedings shall notify thereof in writing to the representative of the minor victim or minor witness for the latter to participate in the proceedings; in case of necessity, the agency may notify in person, via telephone or by other electronic means but must send a written notice later. The representative must show up at the time and place specified in the notice.

3. Before conducting the proceedings, agencies and persons competent to conduct the proceedings must notify thereof to representatives and defenders of lawful rights and interests of minor victims or representatives of minor witnesses as prescribed by this Law and the Criminal Procedure Code.

4. At the request of minor victims or their representatives, or when deeming it necessary, agencies competent to conduct the proceedings may request social workers to participate in the proceedings to guide and support the minors and perform other tasks and powers of social workers in accordance with law.

5. In case of necessity, agencies competent to conduct the proceedings may request experts in the fields of healthcare, psychology, education, or sociology to support minor victims and minor witnesses when participating in the proceedings.

Article 155. Keeping information of minor victims and minor witnesses confidential

1. Agencies and persons competent to conduct the proceedings must apply appropriate measures to keep personal information of minor victims and minor witnesses confidential.

2. It is prohibited to disclose information such as full name, place of residence, study place, workplace, images, and other identification information of minor victims and minor witnesses.

When pronouncing judgments, judges may not state the full name, place of residence, study place and workplace of minor victims and minor witnesses.

3. Courts may conduct in-camera adjudication for criminal cases involving minors suffering sexual abuse or other special cases requiring the protection of minors.

4. Agencies and persons competent to conduct the proceedings must promptly request press and news agencies not to publish or to remove information and images related to matters and cases affecting the honor and dignity of minor victims or minor witnesses.

5. Agencies and persons competent to conduct the proceedings shall take professional measures or request competent agencies to apply technical measures to protect personal information, honor, and dignity of minor victims and minor witnesses from being disseminated on the cyber environment.

6. Agencies and persons competent to conduct the proceedings shall handle according to their competence, or propose concerned agencies or organizations to handle according to their competence persons who deliberately spread or disseminate personal information of minor victims in child molestation matters and cases, affecting their honor and dignity.

Article 156. Taking of statements, confrontation, identification, voice recognition, and investigative experiments

1. The taking of statements of minor victims and minor witnesses may be conducted at the place for conducting investigation or prosecution; their place of residence, study place, workplace or place of daily activities, or care centers for minors. To prioritize the taking of statements at their place of residence. In case the taking of statements of minor victims or minor witnesses is carried out at the place for conducting investigation or prosecution, statement-taking rooms must be friendly or suitable to minors’ psychological status and age.

In case of necessity, the taking of statements of minor victims and minor witnesses may be audio-recorded or audio-video-recorded.

2. When taking statements of minor victims and minor witnesses, persons competent to conduct the proceedings must express friendly attitudes and use a language that is intelligible and suitable to minors’ age, gender, cognitive capacity and maturity level, specific family circumstances, psychological status, health, and other characteristics of the minors.

3. Agencies and persons competent to conduct the proceedings must reduce to the utmost the times of taking statements of minor victims and minor witnesses and only take statements in case of necessity to serve the proceedings.

4. It is not permitted to question minor victims and minor witnesses for several times about the same content. The taking of statements may be carried out at most twice a day with each time lasting for no more than 2 hours, except matters or cases involving many complicated circumstances. The taking of statements must be immediately halted in case the minors show signs of fatigue, affecting their ability to provide accurate and complete information.

5. When taking statements of minor victims or minor witnesses, persons competent to conduct the proceedings may use diagrams, models, electronic devices, or other tools to support the taking of statements.

6. It is not permitted to conduct confrontation between minor victims or minor witnesses and persons charged with a crime, unless it is impossible to settle the cases without such confrontation.

When conducting confrontation, persons competent to conduct the proceedings shall arrange isolated rooms for persons participating in the confrontation and use electronic devices, screens, or other protective measures so as to not affect minors’ psychological status.

The confrontation with minor victims or minor witnesses may be conducted only once a day for no more than 2 hours. Persons competent to conduct the proceedings shall immediately halt the confrontation if the victims or witnesses show signs of fatigue or tension.

7. Minor victims and minor witnesses have the right to refuse to participate in investigative experiments if such may harm their psychological or emotional status.

8. The taking of statements, confrontation, identification, voice recognition, and investigative experiments must be conducted in the presence of representatives or defenders of lawful rights and interests of minors.

9. In the course of taking of statements, confrontation, identification, voice recognition, or investigative experiments, investigators, investigation officers, procurators, and controllers shall wear appropriate attires other than uniforms of the people’s public security or people’s procuracy forces.

Article 157. Examination of traces on human bodies, solicitation of expert assessment

1. Examination of traces on the bodies of minor victims or minor witnesses must be conducted in the presence of their representatives.

In case of necessity, medical doctors may be invited to participate in the examination of traces on the bodies of minor victims. The examination of sex organs of minor victims must be conducted by medical doctors.

2. The examination of traces on the bodies of minor victims or minor witnesses must be carried out as quickly as possible.

3. The solicitation of expert assessment or taking of samples on the bodies of minor victims or minor witnesses may be conducted only when there are grounds to believe that it is necessary for the settlement of the matters or cases. When conducting the expert assessment and taking samples from the bodies of minors, their right to privacy must be respected.

4. For matters or cases in which offenders are caught in the act or are detected immediately after committing the offenses or when there are grounds or documents to identify acts of abuse against minors; or cases in which expert assessment is compulsory, agencies currently receiving the matters or cases must solicit expert assessment within 24 hours after obtaining the grounds. In case of necessity to take the victims to medical examination and treatment establishments for first aid or emergency care, agencies currently receiving the matters or cases must coordinate with the medical examination and treatment establishments in collecting samples.

Article 158. Restriction of contact with defendants

1. The trial penal must restrict contact between minor victims or minor witnesses and defendants when the former present their testimonies at court hearings.

2. In the course of adjudicating cases, the trial penal must isolate minor victims or minor witnesses from defendants in the following cases:

a/ Cases involving minors who are victims of sexual abuse, violence, or trafficking;

b/ Cases in which victims are aged under 10 years;

c/ Other cases where minors or their representatives request isolation and the trial panel deems that isolation is necessary to ensure the best interests of the minors.

Article 159. Adjudication procedures

1. To restrict the summoning of minor victims or minor witnesses to participate in court hearings unless the summoning affects the settlement of the cases. Judges presiding over hearings shall use minors’ testimonies in case files or apply other alternative measures to adjudicate cases.

Judges presiding over hearings may decide to conduct online adjudication in accordance with law so that minor victims or minor witnesses may participate in court hearings at bridge points.

2. In case minor victims or witnesses participate in court hearings, they shall be arranged to sit in an isolated room with electronic devices; when it is impossible to arrange an isolated room, minors may sit in an area separated from defendants in the courtroom.

3. The course of adjudication must meet the following requirements:

a/ During the inquiry, questions must be brief, simple, and intelligible, using a language suitable to minors’ age, gender, cognitive capacity and maturity level, refraining from asking multiple issues at the same time; and with their particular characteristics with regard to family circumstances, psychological status and health, and other characteristics taken into consideration;

b/ In case of necessity, diagrams, body models, electronic devices or other tools may be used to support minors in answering questions. It is not permitted to require minor victims or minor witnesses to point to their body parts;

c/ It is not permitted to ask questions that are offensive to, threatening, embarrassing or insulting minor victims or minor witnesses.

4. Minor victims or minor witnesses are given opportunities to become familiar and interact with the process and procedures of adjudication.

5. The Chief Justice of the Supreme People’s Court shall detail this Article.

Article 160. Compensation for minor victims

1. The determination of, and compensation for, damage must comply with the civil law.

2. Compensation for minor victims must be carried out promptly and in time.

3. In case minor victims have their life or health infringed upon and need to receive urgent medical treatment but persons obligated to compensate are unable to make compensation immediately, it is permitted to use money from the Child Protection Fund to make compensation. Persons obligated to compensate must reimburse the Fund under regulations.

The Government shall detail Clause 3 of this Article.

Article 161. Support for rehabilitation care for minor victims

1. Victims aged under 16 years shall be entitled to support and intervention in accordance with the Law on Children.

2. Victims who are aged between full 16 years and under 18 years have the right to be provided with safe shelters, psychological counseling, medical treatment, legal aid, skills training, alternative care, and access to other supportive activities in accordance with law.

Part Four

EXECUTION OF IMPRISONMENT SENTENCES, COMMUNITY REINTEGRATION

Chapter IX

EXECUTION OF IMPRISONMENT SENTENCES

Article 162. Conditions on physical foundations of prisons exclusive for minor inmates or prison camps or detention facilities exclusive for minor inmates in prisons

1. Prisons exclusive for minor inmates or prison camps or detention facilities exclusive for minor inmates in prisons must be arranged and designed to be appropriate to their age and gender and must accommodate the following areas and works:

a/ Detention facilities based on characteristics of crimes, penalties and gender;

b/ Prison cells;

c/ Facilities serving learning, daily activities and health care;

d/ Sports and entertainment areas;

dd/ Work and vocational training areas;

e/ Visiting areas;

g/ Other works as prescribed by the Law on Execution of Criminal Judgments.

2. Prison cells must be airy in summer and airtight in winter and satisfy the environmental sanitation requirements. The minimum sleeping space for a minor inmate is 2.5m².

3. Prisons exclusive for minor inmates or prison camps or detention facilities exclusive for minor inmates in prisons must have equipment installed for minor inmates to participate in physical exercise, sports, and cultural and art activities, listen to the radio, read books and newspapers, watch television, and for other appropriate entertainment and recreational activities.

4. The separate incarceration of minor inmates must comply with the Law on Execution of Criminal Judgments.

5. Based on minor inmates’ age, gender, health and educational level, characteristics of crimes, and penalty levels, prisons shall arrange minor inmates into teams and groups for learning, working and other daily activities and assign prison officers of the same gender to take direct charge of such teams and groups.

6. Based on practical conditions, the Minister of Public Security and Minister of National Defense shall decide on the organization of prisons, prison camps or detention facilities exclusive for minor inmates.

7. The Government shall detail Clauses 1, 2, 3, 4 and 5 of this Article.

Article 163. Regimes on health care

1. Minor inmates shall be entitled to health care, including:

a/ Psychological counseling and mental health care;

b/ Reproductive health care;

c/ Other health care regimes as prescribed in the Law on Execution of Criminal Judgments.

2. Minor inmates shall be entitled to health check-ups upon their arrival at prisons and general health check-ups once every year.

3. The Government shall detail this Article.

Article 164. Regimes on general education, career orientation, vocational training and working

1. Prisons shall provide minor inmates with general education, law education, career orientation and vocational education suitable to their age, educational level, gender and health. Minor inmates are entitled to attend general education, career orientation and vocational training classes according to the Government’s regulations.

2. If it is impossible to arrange teachers to provide general education according to regulations, prisons shall coordinate with education institutions in organizing online classes for minor inmates. The opening of online classes must ensure safety and avoid discrimination and negative impacts on minor inmates and other students.

3. Minor inmates may do jobs suitable to their age and health and shall not be assigned to perform heavy or hazardous jobs or jobs with exposure to hazardous substances; it is required to ensure occupational safety and health for minor inmates.

4. The Government shall detail this Article.

Article 165. Regime of food, clothing and cultural, art and recreational activities

1. Minor inmates shall be provided with standard food rations and health care like adult inmates and are entitled to additional meat and fish not exceeding 20% of the standard rations.

2. In addition to clothing and personal articles like adult inmates, every year, minor inmates shall be additionally provided with uniforms and other personal articles under regulations.

3. Prisons shall organize physical exercise, sports, cultural and art activities and provide access to radio, books, newspapers, television and other entertainment and recreational activities suitable to characteristics of minor inmates. 

4. Minor inmates are encouraged to develop their abilities, strengths and personal talents.

5. The Government shall detail this Article.

Article 166. Regimes of meeting and contact with relatives

1. Minor inmates may meet their relatives for no more than 4 times a month with each meeting lasting for no more than 4 hours. Based on sentence-serving rating results, education and reformation requirements, and working and learning achievements of minor inmates, their meeting time may be prolonged to no more than 24 hours for each time.

2. Minor inmates may communicate with their relatives in the country through phone calls or video or audio calls by electronic means for no more than 4 times a month with each call lasting for no more than 15 minutes, except in urgent cases. The communication must be supervised by prison officers. The communication costs mentioned in this Clause shall be paid by minor inmates.

3. The State shall encourage relatives of minor inmates to send textbooks, notebooks, learning aids, and gear for physical exercise, sports, entertainment and recreational activities to inmates.

Article 167. Prison officers

Prison officers must be persons who have been trained or further trained in psychology or adolescence education science, or have previously been involved in handling minor-related matters.

Article 168. Commendation of minor inmates

1. While serving his/her imprisonment sentence, a minor inmate who properly observes the prison’s internal rules, makes achievements in learning and working or records a meritorious contribution shall be commended in one or more of the following forms:

a/ Praise;

b/ Presentation of a certificate of merit;

c/ Reward in cash or in kind;

d/ Increase of the number of phone calls or video or audio calls by electronic means with relatives in the country;

dd/ Increase of the number of times and prolongation of the time of meetings with relatives;

e/ Increase of the number of receipt and quantities of presents.

2. The Government shall detail this Article.

Article 169. Handling of violating minor inmates

1. A minor inmate who violates the prison’s internal rules or commits a violation of law shall, depending on the nature and severity of his/her violation, be disciplined as prescribed by the law on execution of criminal judgments. The measure of incarceration in a disciplinary room shall not apply to minor inmates.

2. The Government shall detail this Article.

Article 170. Transfer of inmates to other prisons, prison camps or detention facilities for further serving of their sentences

1. When an inmate reaches full 18 years, he/she shall be transferred to a prison, prison camp or detention facility for adult inmates and put under the incarceration management and education regime applicable to adult inmates as prescribed by the law on execution of criminal judgments.

2. A minor inmate may be considered for transfer to another prison if deeming that his/her education, rehabilitation and community reintegration will be more effective there or when deeming it necessary.

Article 171. Preparation for release

1. Two months before the period of serving the imprisonment sentence of a minor inmate expires, the prison shall notify thereof to him/her, his/her representative, the criminal judgment enforcement agency of the district-level public security division and commune-level People’s Committee of the locality and the agency or organization where he/she will reside, study or work after having completely served the imprisonment sentence, and the Ministry of Foreign Affairs in case the minor inmate is a foreigner.

2. The notice must state the date of release of the minor inmate, the results of the serving of the imprisonment sentence and other necessary relevant information serving the consideration, arrangement and building of a normal life for him/her.

3. For a minor inmate who has completely served his/her imprisonment sentence and, by the date when he/she is released, his/her parents or guardian are/is unknown, the prison shall contact the commune-level People’s Committee of the locality where the prison is located to request the latter to support and arrange accommodation and meals and create employment and study opportunities for him/her. If the commune-level People’s Committee cannot arrange accommodation and meals for the minor inmate, the prison shall make a file for sending the minor inmate to a social protection facility in the locality.

4. For an inmate who is aged under 16 years or an inmate who is aged between full 16 years and under 18 years and is sick or suffers a disease and has no relatives coming to pick him/her up on the date when he/she is released, the prison shall assign an officer to take the inmate to his/her family or commune-level People’s Committee of the locality where the inmate comes to reside.

5. The Government shall detail this Article.

Chapter X

COMMUNITY REINTEGRATION

Article 172. Preparation for community reintegration

1. Reformatories and prisons shall prepare conditions for community reintegration of minors before they completely serve education measures at a reformatory, minors who are entitled to early termination of the serving of education measures at a reformatory, minors who have completely served their imprisonment sentences, and minors who are entitled to amnesty or conditional early release. Activities of preparation for community reintegration include:

a/ Providing psychological counseling and assistance for completion of legal procedures;

b/ Providing career orientation and job placement services;

c/ Providing partial financial support from the fund for community integration of reformatories and prisons.

2. The State shall encourage agencies, organizations, units, and individuals to create conditions and help minors who have completely served education measures at a reformatory, minors who are entitled to early termination of the serving of education measures at a reformatory, minors who have completely served their imprisonment sentences, and minors who are entitled to amnesty or conditional early release reintegrate themselves into the community by the following measures:

a/ Providing information and carrying out public communication and education about community reintegration;

b/ Providing vocational training and job placement services;

c/ Providing psychological assistance and support for completing legal procedures;

d/ Other supportive measures.

4. The Government shall detail this Article.

Article 173. Receipt of, and provision of support, for minors to reintegrate into the community

1. The chairperson of the commune-level People’s Committees of the locality where a minor comes to reside shall organize community reintegration for the minor and support him/her in community reintegration. The minimum support period is 6 months from the date the minor is received.

2. The community reintegration support covers:

a/ Appointing a person to help the minor reintegrate himself/herself into the community; this person may be a social worker; a commune-level social work collaborator; a representative from the Vietnam Women’s Union or the Ho Chi Minh Communist Youth Union, or a prestigious person in the community who has conditions, capacity and experience in educating and helping minors;

b/ Inspecting, urging, and mobilizing people in the residential area to closely coordinate with the minor’s family in helping him/her reintegrate himself/herself into the community;

c/ Providing psychological assistance and support for completing necessary legal procedures for the minor;

d/ Creating favorable conditions for the minor to participate in educational and vocational programs as well as programs on career orientation, job training, and life skills development;  

dd/ Disseminating and mobilizing the people and implementing other measures to eliminate prejudice, stigma, and discrimination against the minor;

e/ Encouraging and creating favorable conditions for agencies, organizations, education institutions, vocational education institutions, enterprises, and individuals to receive and assist the minor in education and vocational activities, career orientation, vocational training, and job creation.

3. The Government shall detail this Article.

Article 174. Provision of psychological assistance

1. Provision of psychological assistance aims to support and help minors who have completely served education measures at a reformatory, minors who are entitled to early termination of the serving of education measures at a reformatory, minors who have completely served their imprisonment sentences, and minors who are entitled to amnesty or conditional early release build trust, resilience, and determination to reintegrate themselves into the community and prevent negative acts and violations of law.

2. Psychological assistance covers: counseling to eradicate inferiority complex; training in life skills and community integration skills; enhancing the ability to self-resolve difficulties and problems in social relations and other support.

3. Psychological assistance shall be provided in the following forms:

a/ Organizing individual counseling and group counseling;

b/ Providing information and materials based on minors’ needs for assistance;

c/ Organizing talks, community activities and forums;

d/ Providing counseling through social networks, websites, emails, telephone and other means of communication.

Article 175. Vocational training and job creation

1. Minors who have completely served education measures at a reformatory, minors who are entitled to early termination of the serving of education measures at a reformatory, minors who have completely served their imprisonment sentences, and minors who are entitled to amnesty or conditional early release shall be given with priority in vocational training and support in borrowing loans for job creation in accordance with law.

2. Based on the needs of minors who have completely served education measures at a reformatory, minors who are entitled to early termination of the serving of education measures at a reformatory, minors who have completely served their imprisonment sentences, and minors who are entitled to amnesty or conditional early release and the reality of the labor market, employment service centers shall provide free-of-charge counseling and job placement services for them; monitor and report their employment status introduced by the centers to the state management agencies in charge of employment services.

3. When recruiting and employing laborers, enterprises, organizations, and individuals may not discriminate against or stigmatize minor laborers who are aged full 15 years or older on the grounds that they have been subject to education measures at a reformatory or have been sentenced to imprisonment.

Article 176. Responsibilities of persons assigned to help minors reintegrate themselves into the community

1. To provide psychological assistance to the minors.

2. To propose support, intervention and protection measures suitable to the minors in the course of community reintegration in accordance with law.

3. To provide timely support to resolve issues that arise in the course of helping the minors.

4. To perform other tasks assigned by chairpersons of commune-level People’s Committees.

Part Five

IMPLEMENTATION PROVISIONS

Article 177. Amendment, supplementation or annulment of a number of chapters and articles of relevant laws

1. To amend, supplement or annul a number of chapters and articles of Penal Code No. 100/2015/QH13, which has a number of articles amended and supplemented under Law No. 12/2017/QH14, as follows:

a/ To annul Chapter XII;

b/ To remove the word “judicial” at Point g, Clause 1, Article 134.

2. To amend, supplement or annul a number of chapters and articles of Criminal Procedure Code No. 101/2015/QH13, which has a number of articles amended and supplemented under Law No. 02/2021/QH15 and Law No. 34/2024/QH15, as follows:

a/ To amend and supplement Article 7 as follows:

“Article 7. Guarantee of socialist legality in the criminal procedure

All criminal proceedings shall be carried out in accordance with this Code. It is prohibited to process criminal information or to initiate, investigate, prosecute and adjudicate criminal cases based on grounds and according to processes and procedures other than those prescribed in this Code. The receipt and processing of criminal information, institution of criminal proceedings, investigation, prosecution and adjudication related to minors must also comply with the Law on Justice for Minors.”;

b/ To remove the phrase “to decide to hand over persons aged under 18 years to the agencies, organizations or individuals responsible for supervising them; to decide to replace persons supervising offenders aged under 18 years;” at Point dd, Clause 1, Article 37 and Point h, Clause 1, Article 42;

c/ To annul Point dd, Clause 1, Article 39;

d/ To remove the phrase “replacement of persons supervising offenders aged under 18;” at Point e, Clause 2, Article 45;

dd/ To replace the phrase “or there are the grounds specified in Article 16 or 29, or Clause 2, Article 91, of the Penal Code;” at Point a, Clause 1, Article 230, and in Clause 1, Article 248, with the phrase “or there are the grounds specified in Article 16 or 29 of the Penal Code or the minor is entitled to diversionary measures as prescribed in the Law on Justice for Minors”;

e/ To add the phrase “or the minor is entitled to diversionary measures as prescribed in the Law on Justice for Minors” below the phrase “of this Code” at Point a, Clause 1, Article 282;

g/ To remove the phrase “or Clause 2, Article 91” in Article 285;

h/ To amend and supplement Clause 2, Article 330 as follows:

“2. A first-instance ruling that is appealed or protested against is a ruling on suspension or cessation of the case, ruling on suspension of the case for the accused or defendant, ruling on cessation of the case for the accused or defendant, or another ruling of a first-instance court as prescribed in this Code and the Law on Justice for Minors.”;

i/ To annul Chapter XXVIII;

k/ To add the phrase “and the procedural rulings specified in Chapters VII and VIII of the Law on Justice for Minors” below the phrase “of this Code” in Clause 1, Article 470;

l/ To add the phrase “and the procedural acts specified in Chapters VII and VIII of the Law on Justice for Minors” below the phrase “of this Code” in Clause 2, Article 470.

3. To amend, supplement or annul a number of articles of Law No. 41/2019/QH14 on Execution of Criminal Judgments as follows:

a/ To remove the phrase “, education at a reformatory” in Clause 4, Article 2;

b/ To annul Clause 15, Article 3; Point b, Clause 1, Article 132; Clause 2, Article 133; Clause 2, Article 135; Section 4 of Chapter III, and Section 3 of Chapter X;

c/ To remove the phrase “or a person serving the judicial education measure at a reformatory” in Clause 17, Article 3.

4. To replace the phrase “to reprimand or conciliation at community, or education at a commune, ward or township after enjoying exemption from penal liability” in Clause 1, Article 71 of Law No. 102/2016/QH13 on Children, which has a number of articles amended and supplemented under Law No. 28/2018/QH14, with the phrase “diversionary measures in the community”.

5. To amend and supplement a number of articles of Law No. 26/2008/QH12 on Enforcement of Civil Judgments, which has a number of articles amended and supplemented under Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14, Law No. 03/2022/QH15, Law No. 31/2024/QH15, and Law No. 43/2024/QH15, as follows:

a/ To add the phrase “of the court, diversionary measures of compensation for damage in decisions on the application of diversionary measures of investigation agencies, procuracies or courts” below the phrase “criminal rulings” in Article 1;

b/ To add Clause 3 below Clause 2, Article 2 as follows:

“3. Decisions on the application of diversionary measures of compensation for damage of investigation agencies, procuracies or courts shall become legally effective.”.

6. To amend, supplement or annul a number of clauses of Article 7 of Law No. 11/2017/QH14 on Legal Aid as follows:

a/ To amend and supplement Clause 5 as follows:

“5. Persons aged between full 16 years and under 18 years who are denounced, proposed for institution of criminal proceedings, held in case of emergency, charged with a crime, victims, witnesses, persons serving diversionary measures, or inmates.”;

b/ To annul Point dd, Clause 7.

7. To amend and supplement Point a, Clause 1, Article 31 of Law No. 68/2020/QH14 on Residence as follows:

“a/ He/she leaves the commune-level administrative unit where he/she is residing for 1 day or more, for the accused or defendants on bail; persons who are sentenced to imprisonment but judgment execution decisions have not been issued; and persons who are sentenced to imprisonment and are on bail or entitled to postponement or suspension of the serving of such sentence though judgment execution decisions have been issued; persons sentenced to imprisonment who are entitled to suspended sentence and in the probation period; persons who are currently serving probation or non-custodial reform sentences; or persons who are entitled to conditional early release and in the probation period; persons who serve diversionary measures in the community or education measures at a reformatory but are entitled to postponement or suspension of the serving of such measures;”.

Article 178. Effect

1. This Law takes effect on January 1, 2026, except the cases specified in Clause 2 of this Article.

2. The provisions in Article 139, and Clauses 1 and 2 of Article 162, of this Law, take effect on January 1, 2028.

Article 179. Transitional provisions

1. From January 1, 2026:

a/ For matters or cases for which the processing of criminal information, institution of criminal proceedings, investigation, prosecution or first-instance trials is/are underway and has/have not been completed by January 1, 2026, the provisions of this Law shall apply, except the time limit for investigation, the time limit for decision on prosecution, the time limit for preparing first-instance trial, the time limit for holding in custody or the time limit for temporary detention and the separation of cases which must comply with the Criminal Procedure Code. In case no social worker has participated in the proceedings during the investigation, prosecution or trials, the investigation agencies, procuracies or courts shall request a social worker to participate in the proceedings in accordance with this Law.

In case the remainder of the time limit for investigation, the time limit for decision on prosecution or the time limit for preparing the first-instance trial is not enough for full application of diversionary procedures but there are grounds for application of the diversionary measures specified in Articles 35, 37 and 39 of this Law to a minor, the proceedings-conducting body accepting the cases shall consider and issue a decision on the application of diversionary measures to the minor;

b/ For cases at the stage of appellate trial that have not been completed by January 1, 2026, the appellate courts shall base themselves on the provisions of this Law to further settle the cases, except the time limit for preparing the appellate trials and the time limit for temporary detention which must comply with the Criminal Procedure Code.

If deeming that there are grounds for application of the diversionary measures specified in Articles 35, 37, and 39 of this Law to a minor, the trial panel shall modify the first-instance judgment and state the decision on the application of diversionary measures in the appellate judgment;

c/ For cases that are received and settled by bodies assigned to carry out a number of investigation activities according to their competence as prescribed in the Criminal Procedure Code and are not completed by January 1, 2026, the competence to settle the cases must comply with the Criminal Procedure Code until the investigations are completed; 

d/ For the defendants and accused who are currently kept in temporary detention under the Criminal Procedure Code but are no longer subject to temporary detention under this Law by January 1, 2026, procuracies or courts shall decide to cancel the measure of temporary detention that is currently applied or replace it with another deterrent measure in accordance with this Law and the Criminal Procedure Code;

dd/ For legally effective court judgments and rulings which, by January 1, 2026,  have not been executed or completely executed, the provisions of this Law and relevant laws shall apply for their execution.

2. The provisions of this Law regarding the penalties of reprimand, fine, and termed imprisonment; decision on penalties in case of preparation to commit crimes or uncompleted commission of crimes; reduction of pronounced penalties; suspended sentences; postponement of the serving of imprisonment penalties; conditional early release; and expungement of criminal records, and other provisions in Chapter VI of this Law that are favorable to offenders shall apply from the date this Law is promulgated.

3. The provisions of this Law regarding diversionary measures; reprimand, fine, and termed imprisonment; decision on penalties in case of preparation to commit crimes or uncompleted commission of crimes; reduction of pronounced penalties; suspended sentences; postponement of the serving of imprisonment penalties; conditional early release; and expungement of criminal records, and other provisions specified in Chapters III and VI of this Law that are favorable to offenders shall also apply to criminal offenses that are committed before 00:00 of January 1, 2026, and detected after that point of time and are currently under investigation, prosecution or trial or to persons who are being considered for reduction of the period of serving their penalties, postponement of the serving of the imprisonment penalty or expungement of criminal records.

4. For criminal offenses for which court judgments or rulings have become legally effective before January 1, 2026, the provisions of this Law containing contents different from the laws applied upon the pronouncement of sentences shall not apply to protest according to cassation procedures, except cases of violations specified in Clause 2 of this Article; in case the protest is based on other grounds or has been lodged before January 1, 2026, the cassation trial must comply with Clauses 2 and 3 of this Article.

5. As from the date this Law is promulgated, cases where offenders have been sentenced to imprisonment before this Law is promulgated according to previous legal documents and judgments have become legally effective and which involve offenders who are aged between full 14 years and under 16 years, are sentenced to imprisonment of over 9 years and do not fall into the cases specified in Clause 4, Article 119; and Articles 121 and 122, of this Law, or the offenders who are aged between full 16 years and under 18 years, are sentenced to imprisonment of over 15 years and do not fall into the cases specified in Clause 2, Article 119; and Articles 121 and 122, of this Law, shall be settled as follows:

a/ In case an offender has served the imprisonment sentence for a period equal to or exceeding the highest imprisonment penalty specified in Clauses 1 and 3, Article 119 of this Law, the prison shall review and request in writing the chief justice of the provincial-level People’s Court or chief justice of the military court of the military zone where he/she is serving his/her imprisonment sentence to decide to exonerate the serving of the remainder of his/her imprisonment sentence;

b/ In case an offender has served part of his/her imprisonment sentence for a period that is shorter than the highest penalty prescribed in Clauses 1 and 3, Article 119 of this Law, the prison shall review and request in writing the chief justice of the provincial-level People’s Court or the chief justice of the military court of the military zone where he/she is serving his/her imprisonment sentence to decide to reduce the pronounced penalty to 9 years, for offenders aged between full 14 years and under 16 years, or 15 years, for offenders aged between full 16 years and under 18 years;

c/ In case an offender is entitled to postponement of the serving of his/her imprisonment penalty, the criminal judgment enforcement agency of the district-level public security division or the military zone-level criminal judgment enforcement agency shall review and request in writing the chief justice of the court that issued the judgment execution decision to decide to reduce the pronounced penalty to 9 years, for offenders aged between full 14 years and under 16 years, or 15 years, for offenders aged between full 16 years and under 18 years.

6. From the date this Law is promulgated, cases involving minors who have been sentenced to imprisonment but are entitled to suspended sentences before this Law is promulgated according to previous legal documents and whose judgments have become legally effective, shall be settled as follows if their probation period is over 3 years:

a/ In case a minor has served his/her probation for a period equal to or exceeding 3 years, the criminal judgment enforcement agency of the district-level public security division shall request in writing the chief justice of the district-level People’s Court or the chief justice of the military court of the military zone where he/she resides to decide to remit the remainder of his/her probation period;

b/ In case a minor has served his/her probation for a period of under 3 years, the criminal judgment enforcement agency of the district-level public security division shall request in writing the chief justice of the district-level People’s Court or the chief justice of the military court of the military zone where he/she resides to decide to reduce his/her probation period to 3 years.

7. When implementing the provisions of Clauses 5 and 6 of this Article, the court needs to explain to persons who are exonerated from serving the remainder of their imprisonment penalties, entitled to reduction of pronounced penalties or given reduction of their probation periods of the suspended sentences that the exoneration or reduction is applied due to the new humane criminal policy of the State but not due to wrongful convictions caused by proceedings-conducting bodies; therefore, they may not claim for compensation for damage under the Law on State Compensation Liability.

This Law was passed on November 30, 2024, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairman of the National Assembly
TRAN THANH MAN