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Circular 23/2009/tt-Bca (V19): Guide The Implementation Of A Number Of Articles Of Decree No. 76/2003/nd-Cp Dated 27 June 2003 Rules And Specific Guidelines The Measures Taken On The Basis Of Education ...

Original Language Title: Thông tư 23/2009/TT-BCA(V19): Hướng dẫn thi hành một số điều của Nghị định số 76/2003/NĐ-CP ngày 27 tháng 6 năm 2003 quy định và hướng dẫn cụ thể việc áp dụng biện pháp đưa vào cơ sở giáo dục ...

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CIRCULAR guiding the implementation of a number of articles of Decree No. 76/2003/ND-CP dated 27 June 2003 rules and specific guidelines the measures taken on the basis of education and Decree No. 125/2008/ND-CP on December 11, 2008 on amending and supplementing a number of articles of Decree No. 76/2003/ND-CP DATED _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ basing the Ordinance on administrative violations processing 2 in July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Pursuant to Decree No. 76/2003/ND-CP dated 27 June 2003 about rules and specific guidelines the measures taken on the basis of education; Decree No. 125/2008/ND-CP on December 11, 2008 on amending and supplementing a number of articles of Decree No. 76/2003/ND-CP dated 27 June 2003;
Pursuant to Decree No. 142/2003/ND-CP on November 14, 2003 functions, tasks, powers and organizational structure of the Ministry of public security;
To make uniform regulations of Ordinance on handling administrative violations and the Government's Decree on the measures taken on the basis of education, the Ministry of public security guide details the implementation of some specific content as follows: i. IDENTIFY OBJECTS BROUGHT into the INSTITUTION to identify the object put into the institution must follow the right rules of the Ordinance on handling administrative violations have been modified and supplemented in 2008 and the provisions of article 3 of the Decree No. 76/2003/ND-CP dated 27 June 2003 about rules and specific guidelines the measures taken on the basis of education was amended and supplemented by Decree No. 125/2008/ND-CP on December 11, 2008 (hereafter abbreviated as Conference No. 76, no. 125) and instructions in this circular, in which to note some of the following: 1. Item 3 Article 113 Ordinance handling administrative violations have been modified and supplemented in 2008 regulations: "the cutting phase, recovery, the Executive decided to object at the base of healing if there are violations of the provisions in point c account 2 article 24 and article 25 clause 2 of this Ordinance shall be applied the measures taken in the field, brought the institution ". At the same time, paragraph 2 article 25 Ordinance handling administrative violations in 2002 stipulates: "Don't put in the institution who has not enough women on the 18 years, 55 years old, male over 60 years". Therefore, with regard to the violations in the case prescribed in clause 3 Article 113 Ordinance handling administrative violations have been modified and supplemented in 2008 and paragraph 3 of article 3 of Decree 76 was amended and supplemented by Decree No. 125 that not enough 18 years must prepare measures taken on the field brought; just apply the measures taken on the basis of education in case they make when violations were from 18 to 55 years old for women, age 60 for men.
2. The following circumstances are considered to have no fixed residence: a) does not determine the place of registration of permanent residence or temporary stay registration frequently roam, have no place in a stable;
b) where registration of permanent residence or registered place staying but not often living in it and often roam, have no place in the stable.
3. The following circumstances are deemed to have been applied in educational measures in commune, Ward, the: a) Are executive education measures in communes, wards and towns that have violations set forth in article 3 of Decree 76 was amended and supplemented by Decree No. 125;
b) Was finished decided to apply executive measures for education in the communes, wards and towns but not all the time limit to be considered not yet dealt with administrative violations that have violations set forth in article 3 of Decree 76 was amended and supplemented by Decree No. 125.
4. in case of violation the last time were competent authorities establish the minutes of administrative violations and making recommendations measures taken on the basis of education, but after consideration, not qualified to recommend the application of this measure or proposed but not people's Committee Chairman issued the decision to apply the measures taken on the institution must then transfer the right profile for the competent authority sanctioning administrative violations to sanctions prescribed by law.
5. where a person made of violations of the law just to put in an institution, has to take on the basis of healing then made according to the provisions of article 113 Ordinance on handling administrative violations have been modified and supplemented in 2008 and article 12 of Decree 76 has been modified additional, according to Decree No. 125.
In case the police were accepting the suggested profile put in institutions that discovered that person subject to take on the basis of healing are regulated in article 26 of Ordinance on handling administrative violations in 2002 to transfer the entire record for the competent authority to conduct the review procedure the decision adopting the measures taken on the basis of healing according to the provisions of the law.
6. With regard to the case of the object had decided to enter the school brought the executive decision or being put on the market brought that fled to when caught, that person has to be 18 years of age then prescribed in clause 2 Article 52 Ordinance on handling administrative violations in 2002 The police Chief, district level do the text suggested the President cancel the same level people's Committee decided to enter the school and making recommendations put into educational establishments according to the general procedures that do not need to have the condition that has been applied in educational measures in commune, Ward , the town.
II. ESTABLISHMENT Of The PROPOSAL PUT To The INSTITUTION 1. The proposals put on record-setting institutions must comply with the provisions of article 9 of Decree 76 was amended and supplemented by Decree No. 125; in particular, the opinions of the Committee of the Fatherland Front and social society organizations concerned, as the case specifically, the people's Committee Chairman granted the commune can organize meetings or joined opinions in writing. Opinion of the Committee of the Fatherland Front and social organizations concerned must be studied, refer to considerations in the review process, the decision to establish the profile suggested bringing in the institution.
2. The communes, wards and towns are responsible for collecting the materials, complete the profile report, recommending people's Committee Chairman at the same level. Chairman of people's Committee of the communes, wards and towns are responsible for considering the text, do the President the people's Committee at district level (sent by the police at district level). The police districts are responsible to verify the record, suggested the people's Committee Chairman at the same level to the Chairman of the provincial people's Committee to review the decision.
III. RESPONSIBILITY To STEER, Guide And PREPARE RECOMMENDATIONS PUT Into INSTITUTIONS And ORGANIZATIONS TAKE The RIGHT DECISION On The OBSERVANCE Of The INSTITUTION 1. Director of criminal investigation police about social order have the responsibility to host, in cooperation with the relevant units to help the leader Of the Police Department and head of the Ministry of public security in the direction, instruction, check the profile suggested bringing in educational establishments and organizations take the right decision in the Executive institution.
2. The Director of provincial public security within the scope of the functions, duties, authority, responsibility: a) Organization, direction, guidance, check the application of the measures taken on the basis of education; complaints, accusations related to the suggested profile put in institutions under the authority;
b) Advisory Council Do about putting on the institution (hereinafter abbreviated as Advisory Board); the case could not join the Advisory Council then authorized the Deputy Director in charge of the police Advisory Council.
3. The Chief of the police criminal investigation about the social order of public security provincial responsibility: a) coordinated with legislation or police offices, central cities (Legal Department) and the relevant units to help provincial public security Director in consideration of establishment brought into the institution and guide the police force investigating the crime of social order in public security at district level in the profile suggested bringing in the institution;
b) at the latest within 7 (seven) working days before the meeting of the Advisory Council, must copy send the Member a written Advisory Council of the President of the people's Committee at district level the proposal put to the institution or the text of the provincial public security organs to directly detect, prepare the proposal put to the institution; a résumé and violation of the people being proposed measures introduced into the institution and other documents relevant to the review, the decision taken on the basis of education; at the same time, the invitation of Permanent Representative to the Council or Commission representative to the provincial people's Council meeting consultant (accompanied by the documents mentioned above);
c) organize the implementation of the decision of the Chairman of the provincial people's Committee on the application of the measures taken on the basis of education: d) Help the Director provincial public security inspection, verify to propose the President of the provincial people's Committee about the postponed or waived Executive decided to apply the measures taken on the basis of education;
4. Police districts are responsible for: a social public security guide) to profile the proposal put to the institution;
b) presiding, in cooperation with the functional sectors help people's Committee Chairman the same level of review, evaluation of records suggest putting in the institution; timely reporting and cooperation with the criminal investigation police about social order verification, propose to resolve the case have decided to enter the institutions but in an Executive exemption or postponement was decided;
c) directing the criminal investigation police Team on social order organized the implementation of the decision taken on the basis of the education of the people's Committee Chairman granted the province according to the assignment of superior public security;
d) decision-making in the search by the authorities and organizations capture executor evasion audience decided to enter the institution.
5. The police force crime investigation about the social order of public security responsible levels coordinated with relevant units help lead public safety the same level of consideration, file brought into the institution and conduct other work relevant to the application of the measures taken on the basis of education.

6. Minister of public security, Ward Township, the town is responsible for helping the people's Committee Chairman at the same level in the proposed records put on the institution as prescribed by law; coordinate and implement the guidance, direction of provincial public security, police districts in the enforcement of the decision taken on the basis of education; the Organization captured hiding objects obey the decision taken on the basis of education; managed objects are postponed or temporarily suspend the Executive decided to enter the institution.
IV. ADVISORY COUNCIL 1. According to the provisions of article 10 of Decree 76, Advisory Board composition include: a) Director of provincial public Security-Council;
b) Director of the Department of Justice – Member;
c) Director of the Department of labor, invalids and Social Affairs – Member;
d) Committee Chairman national provincial level – member;
2. The Permanent Representative of the people's Council or representative office of the provincial people's Committee was invited to the session the Council but does not participate in the voting. The case represented the people's Council or representative office of the people's Committee did not attend the meeting, Council must still proceed normally.
V. DECISIONS TAKEN On The BASIS Of EDUCATION 1. Chairman of the provincial people's Committee of review, a decision taken on the basis of education within 7 (seven) working days from the date of receiving the report of the Advisory Council.
2. The decision taken on the basis of education have enforceable from the date signed and should be sent immediately to the provincial public security, the people's Council, a provincial-level people's committees of communes where that person resides or where established records suggest putting on the institution and the Executive must be decided before the implementation.
3. content decided to enter the institution must specify the number, day, month, year of decision; they, the name, the position of the decision; they, the name, date of birth, occupation, place of residence, violations of the laws of the people were measures taken on the basis of education; Article, the text's clause is applied; time limit, where executive decisions; the Agency is responsible for enforcing organization, the agency coordinating the implementation; the right to complain, to sue for the decision taken on the basis of education in accordance with the law.
4. where the measures were taken on the basis of education are to measure executive education in the communes, wards and towns or the executive measures are taken on the basis of the cure in the decision taken on the basis of education must have content decision to apply measures in education , Ward, subdistrict or decided on the basis of healing for the person.
VI. IMPLEMENTATION Of The DECISION TAKEN On The BASIS Of EDUCATION 1. Within 5 (five) working days from the date of the decision taken on the basis of education, head of the police criminal investigation about the social order is responsible for organizing the implementation of the decision; the enforcement of the decision must be founded thereon according to the prescribed form; the minutes are made in 2 (two) copies, a store in crime investigation police department about the social order, submit a profile to take on the institution.
The event object has a single proposal to postpone or Executive exempt decided they must receive and verify, if eligible to be deferred or exempted under the provisions of Decree No. 76 and guidance in this circular, the head of the police criminal investigation about the social order must do the text proposed to the Director of public security Provincial Committee Chair report people of the same level the decision to defer or exempt executive decisions for that person.
Executive time decided to put the person into the institution is calculated from the date the person is applying this measure be put away executive decision (including time lines and time management at the provincial level).
2. Profile, the procedure takes the decision on the institution: a) human-designated institution must have attached, including:-decided to take on the institution of the President of the provincial people's Committee;
-A résumé and violations of the laws of the people were measures taken on the basis of education;
-The list of people with measures taken on the basis of education;
-Object management decisions at the provincial public security before putting on the institution and other documents related to the management, education subjects (if available);
-Report on the implementation of the decision taken on the basis of education.
b) the delivery, get people to accept the decision taken on the basis of education is established thereon, which must specify the person's health condition was delivered, the recipient; the enclosed documents, records and other matters related to the delivery, get the object.
3. Who must accept the decision taken on the institution or the people arrested by the decision to seek, if not self-awareness or executive acts against the locked hand to apply the award or apply coercive measures required under the provisions of the law to force the object. The case against behavior for signs of crime must then establish the profile suggested prejudice criminal liability under the law.
VII. MANAGEMENT OF THE OBJECT DOES NOT HAVE A DEFINITE RESIDENCE IS HIDING, MAKING IT DIFFICULT TO PUT ON THE RECORD-SETTING PROCESS OF THE INSTITUTION AND THE EXECUTIVE MUST DECIDE BEFORE PUTTING ON THE INSTITUTION AT THE PROVINCIAL LEVEL.
1. Manage objects without certain residence is hiding, making it difficult for record-setting process brought into the institution: Clause 6 article 9 of Decree 76 was amended and supplemented by Decree No. 125, in time, if the object does not have a place of residence for certain acts which evade , making it difficult for the process of establishment of the profile put in an institution, the head of the police district level do report writing Director provincial public security management decisions at the provincial level within a period not exceeding 15 (fifteen) days prescribed in paragraph 3 article 14 of Decree 76 has been modified additional, according to Decree No. 125 to file brought into the institution. To avoid whitewash, wrong or improper object management, the proposed, considered, decided to manage the above objects must be very cautious and only done when the conditions below: a) object has no fixed residence and eligible measures being brought into the institution;
b) must have a base object that hiding expression, making it difficult for record-setting process brought into the institution.
The management of the above mentioned object and mode, the policy for the management of sufferers have to comply to the provisions in article 14 paragraph 3 of Decree 76 was amended and supplemented by Decree No. 125 and the instructions in the paragraph 3, 4, 5 and 6 item VII to this circular.
2. the management has decided to take on the institution at the provincial police to conduct the necessary procedures before put into educational establishments: as defined in article 14 paragraph 3 of Decree 76 was amended and supplemented by Decree No. 125 and paragraph 4 Article 17 of Decree 76 object, the management has decided to take on the institution in public security provincial level before putting them into the institution is applied only in the case of: c) need to have the time to establish a, fingerprinted, photographed, or conduct other necessary procedures before putting them into the institution. Police professional records room is responsible for coordination with the unit concerned conduct establish a, fingerprinted, photographed objects (color or black and white picture size 3 cm x 4 cm) to the profile for full before putting them into the institution;
b) objects seized by the decision to seek to be transferred to the provincial level to manage the time of responsible authorities to accept the object put into the institution.
3. object management decision referred to in paragraph 1, item 2 item VII to this circular by the provincial public security Director (or Deputy Director authorized to) sign, which clearly numbers, days, months, years of decision-making; they, the name, the position of the decision; they, the name, date of birth, occupation, place of residence of the person being managed; the reason, the thing, the text's clause is applied; deadline management, the agency responsible for enforcement of the decision. The term managed no more than 15 (fifteen) days and is calculated on the Executive term decided at the institution.
4. provincial public security is responsible for governing and layout where the aforesaid objects management accordingly; the Chamber must be dedicated to the management of the object, the door must have recorded sea: the Chamber managed objects take on the institution "; cases where managed objects are arranged in the area of prisons, the prison warden is responsible for organizing the management object.
Prohibits the inclusion of the above mentioned subjects on management in the same Chamber with the subject was the custody, detention under criminal proceedings or General Manager South, women in the same Chamber or at the place where the management does not guarantee hygiene, safety for the object.
5. Diet, in the above object in time management at the provincial level are entitled to such diets, in the camp of the member institution; funding due to State budget in the annual budget estimates of the Ministry of public safety. 6. The case of dead objects in time management at the provincial level, the head of the unit where the object manager must notify the investigating agency, the people's Procuratorate at the same level to determine the cause of death and resolved in accordance with the law; at the same time, must immediately notify the family of the dead know.
Within 24 hours from when done the above procedure, if the dead person's family not to receive the body, the object management unit is responsible for organizing funeral; funeral funding due to State budget level.
VIII. TRACING and ARRESTING HIDING OBJECTS OBEY the DECISION TAKEN on the BASIS of EDUCATION search and arrest subjects escape Executive decided to enter the institution must comply with the provisions of article 17 of Decree 76 and guidance in this circular.

1. where the person must accept the decision taken on the basis of education ran away before the enforcement of the decision, the head of the police districts (where the person is resident or established place of records) in search of decisions. In the case of provincial public security got the audience to put away the Executive decided that the subject fled on the path or prize away in time management at the provincial level, the provincial public security profile, transfer documents (decisions taken on the basis of education, report on the subject to escape and the other related document) for public safety at district level to off Search decisions.
2. where the campers away institution Director of the institution in search of decisions. Time away from the institution are not counted on the Executive term decision.
3. specific case which determines the search will be sent to the police and the local people's Committee where needed to serve search and arrest subjects.
IX. THE EXECUTIVE EXEMPTION, DEFERRED THE DECISION; SUSPENSION Of ENFORCEMENT Of The DECISION TAKEN On The BASIS Of EDUCATION 1. The decision was taken on the basis of education but have yet to accept the decision in the institution can be postponement decisions, if in one of the following cases: a) Are seriously ill, there are certification of the medical center or hospital from the district level;
b) are pregnant, have the certificate of the medical center or hospital from the district level upwards or women are raising children under 36 months of age, there are menu suggestions and birth certificates of children under 36 months of age.
c) to troubled families in particular, have suggested menu and be the people's Committee of social place that resident.
2. The deadline was postponed as follows: for the case of seriously ill or troubled family circumstances in particular, you can let them be postponement decision until cured or difficult family circumstances; the case of women who are raising children, was postponed until sufficient 36 months of age.
When the deadline was delayed or when conditions are no longer delayed, then the person is applying the measures on the basis of education must own up to the police to be sent to the executive decision; If not, will comply.
Public security levels have a responsibility to help the people's committees at the same level regularly, monitoring the postponement was decided; When the condition is delayed no longer must promptly report the Agency has the responsibility to take them away Executive decided to enter the institution; Police investigate offences of social order have the responsibility to host, in cooperation with the police at district level organization put the above object to the institution.
3. The decision was taken on the basis of education, but have yet to accept the decision in the institution may be exempt if the decision Executive in one of the following cases: a) Are getting illness (certified medical center or hospital from the district level upwards) or mental disease (conclusion of competent examiners);
b) in time is postponement decision taken on the basis of the education has distinct progress in the observance of the law or set up.
The following cases are considered "apparent progress in the observance of the law" or "set up":-"markedly progress in the observance of the law" must be manifested by specific actions such as: honest remorse, positive labour, study, engage the General movement of local , strictly obey the party's policies and guidelines, the laws of the State, received the certificate of merit of the people's Committee from social or older and certified by Ministry of communications from the social level.
-"Establishment" must be manifested by the specific action, such as denouncing the offence is very serious, particularly severe; brave rescue people property of great value to the State, the collective or of another person; technical innovations have great value in labor, manufacturing, are authorities from provincial level recognition; outstanding achievements in mass movement to protect homeland security and received the certificate of merit of the police or the people's committees from district level upwards.
The object being postponement decided to take on the institution Executive exemption was only decided when the time was delayed at least half the time limit stated in the decision taken on the basis of education; the case of the exemption could be sooner.
4. The Chairman of the provincial people's Committee consideration, decided to defer or exempt executive decisions for people who have decided to enter the institution but not to the Executive institution to decide on the basis of the person's application and the opinions of the people's Committee of social where they reside; where necessary, the Chairman of the provincial people's Committee for public security delivered the same level of verification, verify each case before making a decision.
5. where the person must accept the decision taken on the basis of the death education before enforcement of the provincial public security Director reported people's Committee Chairman at the same level the decision to suspend enforcement of that decision.
X. SUSPENSION THE EXECUTIVE TERM REDUCTION DECISIONS TAKEN ON THE BASIS OF EDUCATION; EXECUTIVE EXEMPTION PART TIME LEFT For CAMP STAFF The INSTITUTION 1. The case of the camp staff seriously ill and may apply for guarantees of the family shall be temporarily suspended Executive decided to give about family therapy. In this case, the Director of the institution making the proposal, in which the patient or patients copies of the medical center or hospital from the district level upward, sending about prison management Bureau, the institution and the school brought to review the decision.
Treatment time is counted on the Executive term decide; If after your health is restored that the Executive term remaining from three months or more, that person must continue to accept the decision in the institution.
2. The camp staff is pregnant women (with certification of the hospital, the Medical Center from district level upwards) or nursing children under 36 months of age (a birth certificate of children under 36 months of age) was temporarily suspended executive decisions. The Director of the institution making the proposal sent to the prison administration, the institution and the school brought to review the decision. Time temporary suspension are not counted on the Executive term decision. If during the temporary suspension of that person having apparent progress or set up according to the provisions of this circular, the Director of the institution making the Executive exemption proposal part time left for camp staff.
3. Campers trapped illness, Executive exempt part time left. The Director of the institution that founded the Council approval (component such as the reduction of the time limits prescribed in clause 8 of this entry) and making the Executive exemption proposal part time left for camp staff, patients or have on file a copy of the medical health centers or hospitals from district level upwards (have a clear confirmation that people are getting illness) posted on prison management Bureau, the institution and the school brought to review the decision.
4. within 7 (seven) working days from the date of receiving the proposed profile of the institution, the prison director, the institution and the school of liberal review, decided to temporarily suspend the executive decision or Executive exempt part time remaining for the cases referred to in paragraphs 1 , 2 and 3 of this section.
The decision to temporarily suspend the Executive exemption or part time left for camp staff to be sent to the institution, who must obey and the provincial people's Committee has decided to take out place that person into the institution, police districts, where social people's Committee on residents to track , management.
5. within 5 (five) working days from the date of signing of the decision or the 3 (three) days from the return date to the local, who was temporarily suspended Executive decided to take on the institution or the Executive exemption part time left, to show the people's committees at the commune level the place of residence; cases of seriously ill or suffer illness without to be the relative of that person must report to the President of the people's Committee of the social level.
6. The case of the camp are prorogued executive decision referred to in paragraph 1, item 2 of this section being dead, the family must notify the people's Committee of social and educational facilities (enclose a certificate confirmation of people's Social Committee). The Director of the institution do reports of prisons Management Department, educational institutions and liberal school and notify the provincial people's Committee has decided to take out place that person into the institution to know.
7. the campers have is half the time limit stated in the decision taken on the basis of apparent progress education establishment or are considering reducing or exempting part Executive part time left.
8. The institution established the Executive exemption or remission of part time left for camp staff; the composition of the Council include:-the Director of the institution – Chairman;
-Deputy Director of the institution in charge of educational affairs-Vice Chairman;
-The captain of education, educational management, profile-member of the Secretariat;
-Reconnaissance captain, base-board member;
-Profile-camp officer Commissioner;
-The Commander of the police force to protect educational institutions-Commissioner;
-Head of clinic or physician directly treat-Commissioner (if the object proposed exemption Executive part time left is people are getting illness).

For many institutions, the Director of the District Department of education decision established in each sector to have a Sub-Committee considering the Executive exemption or remission of part time left for camp staff Vice Director in charge of the sector as head of the Subcommittee. The components of the Board include: head of sector, the captain of the education, records, institutions (Secretary), reconnaissance officer, education of the sector and institutions directly in charge of the camp team member. The Subcommittee is responsible for considering the recommendations of the teams directly manage campers about reducing or exempting part time Executive left at the institution for camp staff and do report the text reduce the duration or the Executive exemption part time left for camp staff.
9. Based on the criteria, conditions and academic performance, work out of campers, 4 (four) months (unless otherwise required, consider the steady, long irregular), the Panel reduced or waived Executive part time remaining at the institution that is responsible for organizing meetings to review each specific case. When the Council meeting, the captain of the education, records, institutions must present specific and suggest reduced levels or the Executive exemption for each object. After that, the Council considered, decided and recommended records posted on prison management Bureau, the institution and the school brought to review the decision. Records suggest long time reduction, Executive at the institution for camp staff consists of Board meeting minutes, reports suggest of educational institutions, the list of campers proposed exemption, reduction and other related documents.
10. within 7 (seven) working days from the date of receiving the profile of the institution, the prison administration, the institution and the school brought to Council by the review Bureau Chief or Deputy Commissioner as the President of the Council, including Chief monitor work in educational institutions and liberal school do standing Member , Deputy Head of the follow-up work in the institution and the school brought do Commissioner Secretary; leadership representative Room reconnaissance and direct officers to track the work of the institution making the Commissioner. Representatives of educational establishments and the captain of the education, management, profile of educational institutions are invited to attend the meeting to directly report the case before the Council.
When considering to long, steady object to have the violations specified in point e point e of article 3 paragraph 1 of Decree 76 was amended and supplemented by Decree No. 125, Chairman of exemption, reduction to invite representatives of relevant units of the Ministry of public security jointly attend or send comments to participate in writing of that unit.
The Council based on the recommendations of the profile of the institution and reconciled with the conditions, the standard rules to approve, suggest reduced levels or suggest long for each case.
Director of Department of management of prisons, educational institutions and liberal school review, a decision to reduce the duration or the Executive exemption part time left for camp staff within 5 (five) days after the meeting of the Council.
The Executive term reduction decisions addressed to the institution in order to save the record and notify the camp staff know. The decision to exempt Executive part time rest is sent to the institution and person are free; send the provincial people's Committee has taken a decision to place the person on the basis of education, public security, the people's Committee at district level social where they reside on. The Executive exemption part time remaining at the institution that is responsible for the people's Committee of social representation as specified in clause 5 section X of this circular.
11. where the campers have recommended reducing the time limit or the Executive exemption proposal part time remaining, but pending the review authority, decides that there are violations of the law, a serious breach of the rules of the institution, the Director of the institution is responsible for meeting the Council establishment to immediately report to the Department of management, the institution and the school brought to suggest putting the campers that come out of the list of exemption, reduction; the case has decided to exempt, reduce, but not yet executed, the proposed decision.
XI. To EXTRACT The CAMP STAFF 1. The extract campers only made when requested in writing by the authority conducting the criminal proceedings authorized under the provisions of article 23 of Decree 76. The required text extract campers must specify them, name, date, month, year of birth of the objects to extract and reasons, time limit for asking extract; the number of decisions taken on the basis of education, day, month, year, decision. If it is required by the Procurator or the Court to add the text suggested by the police at the same level. When requested in writing by the authority conducting the criminal proceedings authority, the Director of the institution decides to extract and handed the camp staff have decided to extract for public safety officers are assigned the responsibility to get the camp staff. Public safety officers to receive delivery of the object to retrieve must have proof of public security of the people and the recommendation of the police from the district level upwards.
Term extract campers are charged to the Executive term at the institution.
2. Expiry of the extract, the Agency requested the extract are responsible for bringing about the campers pay the institution. The case has asked to renew the extract campers then heads to conduct criminal proceedings authority must have written recommendations to the Director of the institution decides to renew extract campers. The institution shall report in writing on the renewal of the camp staff extract about prison management Bureau, the institution and the school brought to the track.
XII. Establish And MANAGE EDUCATIONAL INSTITUTIONS 1. The Minister of public safety decides the establishment, merger, dissolution of the institution on nationwide.
2. Educational institutions established under each area. For the province, central cities and annually the amount people are brought into the institution from the 500 or more people then might formed proposals to the Minister of public safety consideration, decided to establish the institution in the province, that city. Alternatives the establishment of the institution by the province people's Committee Chairman, the central city in the proposal must specify the scale, location, funding of construction and other issues related to the establishment and organization of the activity of the institution.
3. The Director, Deputy Director, the institution must have a diploma of the Academy, University: the people's police, the people's security, law, education, social sciences and Humanities and to have knowledge, experience of management, education of people breaking the law.
XIII. DIET, DRESS, VISIT TO MEET RELATIVES; RECEIVE, SEND THE MESSAGE; RECEIVING MONEY, GIFTS Of CAMP STAFF 1. Diet, even of the member institution is made according to the provisions of article 28 of Decree 76 was amended and supplemented by Decree No. 125.
Basing the actual situation and needs to take care of the diet, in order to ensure health for campers, the Director of the institution can adjust, swap the norms of use between the foods accordingly to the camp staff handled according to standard rules.
2. mode of visits to meet relatives; receive, send the message; receiving money, gifts of the members of the institution must undertake in accordance with the provisions of article 33 of Decree 76 was amended and supplemented by Decree No. 125 and guidance in this circular.
When meet relatives, campers receive mail, gifts and money. Private cash, must submit to the Division of depository institutions. Each month, the campers are 2 (two) times to send messages and receive 1 (one) packages not exceeding 7 kg (seven); the letters and gifts must be cross checked by the institution. The camp staff was in touch with relatives in the country by telephone each month from 1 to 2 times, each time not more than 5 minutes according to the specific regulations of the prison director, the institution and the school brought.
XIV. REWARDS, CAMP STAFF DISCIPLINE 1. The reward, discipline campers must follow the rules in article 34 of Decree 76. The decision to reward, discipline must be written and saved to the profile of the camp staff.
2. The file review proposal, decided to apply the measures taken on the basis of education as specified in clause 2 Article 34 of Decree 76 is applied only in cases of real need and must note: violations of the laws of the campers that are regular in nature and has been applied to the form of discipline from 3 times over but still not corrected, continue to have violations as defined in article 3 of Decree 76 was amended and supplemented by Decree No. 125 and the guidance in section I of this circular, the establishment of the new proposal review, measures taken on the basis of education for them. Components of the proposed measures introduced into the institution is done as for the remission or Executive exempt part time left for camp staff specified in clause 8 Item X to this circular.
Records suggest that measures taken on the basis of education with regard to the case mentioned above include: a) the disciplinary board meeting minutes of the institution regarding proposed measures introduced into the institution;
b) report and suggest measures to put the person into the institution;
c) summary records, minutes, documents about the violation of the law;
d) The minutes of the camp staff violated discipline, disciplinary decisions the camp members and other documents related to the violation of the law.

3. The Director of the institution must send the proposal put to the institution of detention, administration of the institution and the school brought to the review. Within 10 (ten) working days from the date of the records suggest, the prison director, the institution and the school brought is responsible, in coordination with the relevant units in the review, if the eligible measures taken on the basis of education for people with text to suggest people's Committee Chairman the level where the institution closes the review, a decision. The decision to apply the measures taken on the basis of education in this case be sent to an institution where set records suggested to organize the implementation and publication for people to accept the decision know, at the same time send a provincial people's Committee where previously released take that person into the institution and the people's Committee of township level that person to know.
The case comes on the camp staff expiry must accept the decision taken on the institution that does not yet have the decision of the Chairman of the provincial people's Committee where the closed institutions on the application of the measures taken on the basis of education for that person, the Director of the institution must do the right procedures for them out of the institution according to the rules.
XV. Management, USING The RESULTS Of The INSTITUTION 1. The results of the institution must be uniformly managed, used in accordance with the provisions of article 76 of Decree 31 and other provisions of the relevant legislation; to make the right books, accounting mode under the rules.
2. The results of the institution's workers after deducting reasonable costs according to the provisions of the law, the rest are used as follows:-30% for investment in development of production, the construction of infrastructure of educational establishments.
-25% support for the visit, healing, fostering more food for camp.
-20% for education, career, vocational educational program (building, shops, print learning materials, paper, pens, learning media and money to hire teachers outside (if available).-10% do the Welfare Fund of the institution, spent on cultural activities, art, sport of the institution. 8% for commended campers have outstanding achievements in work, labour, academic.
-5% for commended officers, soldiers have achievements in the management of education, the camp staff.
-2% of lodging on the Bureau of prison, the institution and the school brought to do reward Fund for the institution and for other activities related to the management of the institution.
Part of the funds obtained by the campers to do beyond the norm, the norm was used as follows:-70% will be fostered for camp staff workers beyond the norm, the norm.
-20% will be fostered for the campaign, officials of the institution in making achievements in directing, managing staff in labor camps beyond the norm.
-10% do the Welfare Fund of the institution.
Private use of the results of labour, production of educational establishments to develop production, construction of infrastructure of educational establishments (30%), the Director of the institution shall report in writing to request the opinion of the prison director, the institution and the school brought before implementation.
3. Periodic 6 month, 1 year educational establishments to report specifically on the situation, the result of production, management, using the labor of production results of his on the basis (through the General Department of logistics, Financial Services, Department of management, the institution and the school brought).
4. The Bureau of prison management, the institution and the school brought is responsible, in coordination with logistics, financial tracking, testing, guide the institution to comply to the provisions of the law on management, use the results of the institution of annual and periodic reports the Ministry of public security leaders. XVI. FUNDING SECURED For IMPLEMENTATION The MEASURES TAKEN On The BASIS Of EDUCATION 1. Funding secured for implementation the measures taken on the basis of education is arranged in the annual budget estimates of the Ministry of public security, including: a) secured funding for the creation, review of records, putting the Organization on the basis of education, tracing and arresting hiding objects; for the management, eat, wear, living, for objects in the time management at the provincial level;
b) funding for the construction of infrastructure, procurement of equipment, means and organisation of activities of educational establishments; for eating, wearing, in, study, vocational, art, sport, prevention, cure and drug detoxification organizations for camp staff of the institution;
c) funds for other expenses related to the Organization of the implementation of the measures taken on the basis of education.
2. The provision of regular funding guaranteed for implementation the measures taken on the basis of education is as follows: a) public safety social establishment plan funding to send the police at district level; The police at district level of synthesis, provincial police report. On the basis of the recommendation of the police at district level and the functional unit, the provincial public security establishment funding provisions for the application of measures taken on the basis of local education sent Financial Services;
b) institution founded planned funding for the construction of infrastructure, procurement of equipment, means and organisation of activities of educational establishments; for eating, wearing, in, study, prevention, cure, drug detoxification organizations for camp staff and for other activities of the institution, send report facility management Department, educational institutions and liberal school. On the basis of proposals by the institution, prison administration, the institution and the school brought up planned public expenditure for educational institutions, sending Financial Services;
c) on the basis of the funding provisions of the public security of the central cities, and Bureau of prison, the institution and the school finance Case, brought up the general budget plan assurance for the Organization of the implementation of the measures taken on the basis of education , the leadership of the Ministry of public security to review the decision.
XVII. EFFECT And IMPLEMENTATION 1. This circular effect since August 2009 and replaces circular 02/2004/TT-BCA (V19) October 8, 2004 of the Ministry of public security on guiding the implementation of some provisions of Decree No. 76/2003/ND-CP dated 27 June 2003 about rules and specific guidelines the measures taken on the basis of education.
2. the General Director of the Police Department, General Director of Logistics Bureau, Director of Department of management of prisons, educational institutions and liberal school, Director of finance, Chief Inspector, Director of Legal Affairs within the scope of its mission, functions, has the responsibility to coordinate with related steering units inspection, testing, and guiding the implementation of this circular.
3. annual recurring, public safety, local units must have the sum, superior police report about the results of the work of the implementation measures taken on the basis of education; timely reward collective, individual achievement and rectify these cases have not made good the measures taken on the basis of education.
4. The General Director, the heads of subdivisions, Minister, Director of the public security Department, central cities, according to its mission, functions, is responsible for implementation of this circular.