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Circular 02/2004/tt-Bca: Guide 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 The D Education

Original Language Title: Thông tư 02/2004/TT-BCA: Hướng dẫn thi hành một số quy định của Nghị định số 76/2003/NĐ-CP ngày 27 tháng 6 năm 2003 về quy định và hướng dẫn cụ thể việc áp dụng biện pháp đưa vào cơ sở giáo d

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On 27/6/2003, the Government issued Decree No. 76/2003/ND-CP rules and specific guidelines the measures taken on the basis of education, to implement the above-mentioned Decree of the unity Government, the Ministry of public security instructions detailing the implementation of a number of the specific content of the decree are as follows : I-OBJECT BROUGHT into the INSTITUTION: 1-the identification of the object put into the institution should follow the provisions of clause 2, article 25 Ordinance handling administrative violations, clause 1, article 3, Decree 77/2003/ND-CP on 27/6/2003 by the Government on the regulations and guidance can the Bureau measures taken on the basis of education (hereinafter abbreviated is Decree No. 76) and instructions in this circular.

2-the object put into educational facilities including those in violation of the law here is frequently, but not yet to the level of criminal responsibility and prejudice has been applied in educational measures in commune, Ward, subdistrict or have not been applied in educational measures in commune Ward, but without certain residence: a-compromised health, honour, dignity of the citizens, of foreigners.

b-infringement of property of organizations and individuals in the country or abroad.

c-gambling in any form would be lost in the money or kind.

d-gambling organization or holders of silver.

DD-held brokerage, prostitution.

e-disturbing public order, against the person on duty.

g-abusing democratic freedoms, freedom of religion, to entice, provoke others to infringe the interests of the State, the legitimate rights and interests of organizations and individuals.

h-held forcibly, entice, lure others fled abroad or stay abroad.

I-other acts violating the laws of order, social security.

3-To ensure human right institution regulation, avoid whitewash, wrong, and not to reach the object, in the review process, file, note: violations that should not prejudice to criminal liability and must have regular nature. The following cases are considered breach nature, regularly: a-who have no fixed residence are from two or more violations within 12 months. The following cases are considered to have no fixed place of residence:-failed to determine where to register permanent residence or temporary stay registration and frequently roam, no fixed abode.

-Where to register permanent residence or registered place staying but not living there and regularly hike, with no fixed abode.

b-Who have certain residence has been applied in educational measures in commune, Ward, but then again made violations of the provisions of point 2 of section I of this circular. The following circumstances are deemed to have been applied in educational measures in commune, Ward, the Executive Are:-educational measures in commune, Ward, the breach of which may be specified in point 2 of section I of this circular.

-Have all done 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 specified in point 2 of section I of this circular.

Note: for people who have certain residence, in all cases are necessarily conditions have been applied in educational measures in commune, Ward, the town may file proposed measures introduced into the institution.

4-object cases do the police at district level, the provincial level directly, accepting, investigation of violations of the law but not to the level of prejudice that criminal liability subject to take on the institution as prescribed in paragraph 2 and paragraph 7, article 9 , Decree No. 76 also must have sufficient conditions stipulated in the Ordinance on handling administrative violations, Decree No. 76 and guidance in this circular.

5-in case of violation the next was also competent authorities establish the minutes of administrative violations and making recommendations measures taken on the basis of education, but after consideration, are not eligible to apply this measure suggested or recommended, but not provincial PEOPLE'S COMMITTEE Chairman decides to apply the measures taken to the Department of education, they must transfer the right profile for the competent authority sanctioning administrative violations to sanctions under the provisions of the law, in this case time sanctioning administrative violations is three months from the date of sanction authority record.

Within the time limit stated above, if the person that made the new administrative violations in the field had previously violated or willfully evading, obstructing the sanctions do not apply time limits specified in this point that time sanctioning administrative violations will be reassessed since the time of the implementation of the new violation or termination hide behavior avoid, obstruct the sanction.

6-the case of a person who performs the acts violate the law just to put in an institution, has to take on the basis of healing, then according to the provisions of article 113 Ordinance on handling administrative violations and article 12 of Decree 76, the Agency has the authority to apply the measures taken on the basis of healing.

In case the police were accepting resumes put into institutions that discovered that person subject to take on the basis of healing are specified in article 26, the Ordinance on handling administrative violations must immediately transfer the entire profile that gives the agency authority to conduct the review procedure the decision adopting the measures taken on the basis of healing according to the provisions of the law.

7-for 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 which that person has to be 18 years and over, under the provisions of clause 2, article 52 Ordinance on handling administrative violations The police Chief, district level do text recommend Chairman the same level cancel decided to enter the school and making recommendations put into educational establishments according to the General procedure, without the need to have the condition to have been educated in the communes, wards and towns.

II-FUNDING SECURED for IMPLEMENTATION the MEASURES TAKEN on the BASIS of EDUCATION: 1-ensure funding for implementation of the measures taken on the basis of education including: a-for funding, review of records, for the Organization of the human institutions , for the management of activities, meals, objects within the time limit are managed at the provincial level before putting them into the institution, for tracing, arrest fugitive object.

b-the funding for construction of infrastructure, procurement of equipment, means and organisation of activities of educational establishments, eating, wearing, in, study, vocational, art, sport and the prevention and treatment of the camp staff.

c-funding for other expenses related to the Organization of the implementation of the measures taken on the basis of education.

2-ensure funding for implementation of the measures taken on the basis of education due to balance the State budget, in the annual budget estimates of the Ministry of public security.

The regular budget provisions for the implementation of the measures taken on the implementation of the institution are as follows: a-social public security establishment plan funding to send the police districts, police districts, provincial police report. On the basis of the recommendation of the police at district level and the functional unit, the provincial public security is responsible for establishing the funding provisions for the application of measures taken on the basis of local education sent Financial Services.


b-the institution created the planned funding for the construction of infrastructure, procurement of equipment, means and organisation of activities of educational establishments, eating, wearing, in, study, prevention and treatment of campers and for other activities of the institution management report, prisons, schools and religious institutions. 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 planned funding of public security of the central cities, and Bureau of prison, the institution and the school brought, plan-setting Financial Services funding to ensure the implementation of the measures taken on the basis of education, the Ministry of leadership review decision.

III-ABOUT MAKING RECOMMENDATIONS to PUT PEOPLE into the INSTITUTION: 1-establish the profile suggested putting people into educational establishments must comply with the provisions of article 9 of Decree 76.

Records suggest bringing in an institution for the people who have given shelter to as prescribed in clause 1, article 9 of Decree 76, on the opinion of the 9TH and the social organizations concerned, the township level depending on the particular case, the Chairman may hold social meetings or comments to participate in writing.

The opinion of the social organization and the 9TH social to be Chairman of the same level of research, refer to considerations in the review process, the decision to establish the profile suggested putting people into the institution.

2-the communes, wards and towns are responsible for collecting the materials, complete the profile report, the Chairman proposed the same level browser, the Chairman at district level.

IV-RESPONSIBILITY ASSIGNMENT in the DIRECTION, guidance, setting RECORDS SUGGEST PUTTING PEOPLE into the INSTITUTION and ORGANIZATION of HUMAN INSTITUTIONS: 1-Bureau Chief of Criminal Police Bureau is responsible for chairing, in cooperation with the relevant units to help the leader Of the Police Department and head of the Department in the direction , instructions, check the profile suggested putting people on the basis of education, organizing people on basis of education.

2-the Director of provincial public security, within the scope of the functions, duties, authority, is responsible for: a-organization, direction, guide, examine the measures taken by the institution, to resolve complaints, accusations related to the profile suggested putting people into educational establishments according to the authority.

b-Do Advisory Council, the case for other reasons which cannot join the Advisory Council then authorized the Deputy Director in charge of the police Advisory Council.

3-the Chief of the criminal police of public security provincial responsibility.

a-coordinated with the head of the police investigation, the Office of public security in the province, city (Legal Department) and the relevant units to help provincial public security Director in the review, prepare to put people on the basis of the education and guidance of criminal police in the police at district level in the profile suggested putting people into the institution.

b-at the latest 7 days before the meeting, the Advisory Council must submit copy of the membership Advisory Council the text of the Chairman put the proposal to the district level educational institution (or the text of the provincial public security organs directly suggested putting people on the basis of education as specified in clause 7 Article 9, Decree No. 76), a résumé and violation of the people being proposed measures introduced into the institution and other documents relevant to the review, the decision to put the person into the institution, at the same time sending the invites Permanent Representative provincial people's Council to attend meetings (Advisory Council attached to the above mentioned documents on).

c-the Organization made the decision of the provincial PEOPLE'S COMMITTEE Chairman about putting people in the institution.

d-provincial public security Director Help verify, verify to propose provincial PEOPLE'S COMMITTEE Chairman on the Executive exemption or postponement decided to take on the institution as prescribed in article 18 Decree No. 76.

4-police districts are responsible for public safety instructions: a-social establishment suggested putting people into the institution, presided, in cooperation with the functional sectors help Chairman the same level of review, evaluation of records suggest bringing people into the institution.

b-in collaboration with the criminal police in the Organization made the decision of the provincial PEOPLE'S COMMITTEE Chairman about putting people on the basis of education, decision-making in the search by the authorities and held captured the audience has decided to take on the institution to escape.

5-the criminal police force of public security responsible levels coordinated with the police force to investigate relevant units and help lead the same level during the review, prepare to put the person into the institution and conducted other activities relevant to the implementation of the measures taken by the institution.

6-police communes, wards and towns shall assist the Chairman the same level in the profile suggested putting people into the institution in accordance with the law, coordinate and implement the guidance, direction of provincial public security, police districts in the Organization of the human institutions , captured the audience has decided to enter the institutions fled, managing to be postponed, a temporary suspension of the measures taken on the basis of education.

V-Council ADVICE on PUTTING PEOPLE into the INSTITUTION: 1-as defined in article 10, Decree No. 76, composition Board about bringing people into the institution includes: a-public safety Director-Council.

b-the Director of the Department of justice-members.

c-Director of Department of labour-MINISTRY-"d-9TH President. Provincial PH-"2-Permanent Representative to the provincial people's Council was invited to attend the Council session. The Permanent Representative of the people's Council can statements of opinion to participate but not to vote, in the case of Permanent Representative to the Council not to be, the Advisory Council meeting must still proceed normally.

VI-DECIDED to PUT PEOPLE into the INSTITUTION: 1-provincial PEOPLE'S COMMITTEE Chairman to review the decision of putting people into the institution within a period of 7 days from the receipt of the report of the Advisory Council.

2-decided to put people into educational establishments 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 the measures taken on the basis of education for that person and the executive decision to take into the Department of education before enforcement.

3-the content decided to put the person into the institution must specify day, month, year of decision, last name, position of decision, full name, date of birth, occupation, place of residence of the person being brought into the institution, violations of the laws of that person; Article, the text's clause is applied; the time limit must accept the decision; where executive decisions; the right to complain, to sue for the decision taken on the basis of education in accordance with the law.


4-in case people were measures taken on the basis of education are to measure executive education in the communes, wards and towns (in the cases prescribed in detail b, point 3, section I to this circular) then in the decision put the person into the institution must have the content cancel the decision of the Council on the application of social educational measures in commune Ward, for that person to the executive measures they put in an institution.

VII-ENFORCEMENT of DECISIONS PUT PEOPLE into the INSTITUTION: 1-within 5 days from the date of the decision, the head of the criminal police responsible for putting the Organization has decided on the basis of education. The enforcement of the decision taken on the basis of education is established thereon according to the form prescribed, established 2 a, a in the Criminal Police Department, submit a profile to put people into the institution.

When it announced the decision to put the person into the institution, if the object has a single proposal to postpone or Executive exempt decided then to consider immediately, if eligible to be deferred or exempted under the provisions of Decree No. 76 and guidance in this circular the text proposed to the Director of provincial public Security Council report the same level of decision postponed or the Executive exemption decisions for that person.

The Executive term 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, procedures when taking the decision on the basis of education: a-When bringing people into the institution must have attached, including:-the decision of the provincial PEOPLE'S COMMITTEE Chairman on the application of the measures taken by the institution.

-A résumé and violation 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).

b-When delivered, the receiver who has decided to take on the institution to set the minutes, which must specify the person's health status, receive; the enclosed documents, records and other matters related to the delivery, get the object.

3-the person 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 it may be locked or tied hands to solve or apply coercive measures required under the provisions of the law to force people to accept the decision. The case against behavior for signs of crime they must file proposed blind crime criminal responsibility respectively according to the provisions of the criminal code.

VIII-MANAGEMENT DECISION was TAKEN on the BASIS of PROVINCIAL PUBLIC SECURITY EDUCATION to CONDUCT the NECESSARY PROCEDURES BEFORE PUT into the INSTITUTION: 1-as specified in paragraph 2, and article 14 paragraph 4, article 17 of Decree 76 then the management object before putting into the institution is applied only with respect to who has decided to take into educational establishments in the following cases: a-need to have the time to establish a, fingerprinted, photographed, or conduct other necessary procedures before bringing them to accept the decision in educational establishments (police professional records Room is responsible for coordination with the unit concerned conduct establish a , fingerprinted, photographed (color or black and white size 3 x 4) of objects to add to the profile for full before putting them on the institution).

b-object captured by the decision to seek out and transferred to the provincial level to manage the time the competent authorities to receive the object placed on the institution.

2-time management object before putting into the institution in public security provincial level not exceeding 5 days and are counted on the Executive term decided at the institution.

Object management decisions before putting on the institution by the provincial public security Director (or Deputy Director in charge of the police was authorized Director) sign and submit a profile must be brought into the institution to make the Executive term calculation base decided at the institution for that person.

3-provincial public security is responsible for governing and managing the place layout objects before the institution accordingly, cases where managed objects are arranged in the area of detention camps, the Superintendent of detention camps are responsible for organizing the management object the Chamber must have a management dedicated to the subject, the door must have clearly sea "the Chamber managed objects take on the institution".

Prohibiting the holding the above-mentioned objects in the same Chamber with the subject was the custody, detention under criminal proceedings, keep male and female General in the same Chamber or keep in the place does not guarantee hygiene, safety for the object.

4-diet, in the above object in time management at the provincial level are entitled to such diets, in the camp's member institutions, funding due to State budget in the annual budget estimates of the Ministry of public security.

5-the case of dead objects in time are being managed 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 the free burial, funeral funding due to State budget level.

IX-the SEARCH for and ARREST SUBJECTS HAD DECIDED to ENTER the INSTITUTION RAN AWAY: 1-The search for and arrest subjects had decided to enter the institutions fled to comply with the provisions of article 17, Decree No. 76 and guidance in this circular.

2-The decision was taken on the basis of education ran away before put in an institution, the head of the police districts (where the person is resident or established place of records) in search of decisions. Provincial public security cases 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 to transfer records, 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.

3 – where the campers disappear beetle institution Director of the institution in search of decisions. Time away from the institution are not counted on the Executive term decision.

4-specific case which decided the search will be sent to the police and the local PEOPLE'S COMMITTEE where needed to serve search and arrest subjects.

X-DEFER or EXEMPT EXECUTIVE DECIDED to PUT the PERSON into the INSTITUTION: 1-The decision was taken on the basis of education but have to accept the decision in the institution can be postponement decisions, if in one of the following cases: a-ill have the certificate of the medical center or hospital from the district level upwards.


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, have the form and the social people's Committee where the person is resident.

c-struggling family in particular, have suggested menu and social people's Committee where the person is resident.

2-the deadline is postponed: for cases of severe illness, mental disease or family circumstances are special difficulty, you can let them be postponement of decision until cured or family situation has special difficulties; cases of pregnant women or small children adopted are to be postponed until enough 36 months of age.

When the deadline was delayed or when conditions are no longer the postponement were measures taken on the basis of education must own up to the police to be sent to executive decisions, if not self-awareness, will comply.

Public security levels are responsible for helping the PEOPLE'S COMMITTEE at the same level regularly, monitoring the executive decision was postponed, when the condition was delayed no longer must then promptly put them on the institution to accept the decision. The criminal police responsible for chairing, in cooperation with the police at district level in the Organization of the Executive who must take the decision 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-sick insurance (with certification of the medical center or hospital from the district level upwards) mental disease, is to have the conclusions of the competent inspection authority and those which are no longer a danger to society.

b-has a distinctly progressive in the observance of the law or in time is postponement decision taken on the basis of education, in particular as follows:-"markedly progress in the observance of the law" the provisions of this circular must be manifested by specific actions such as : honest remorse, labour, positive learning, actively involved in the General movement of local, strictly obey the party's policies, the laws of the State and was Chairman from social back-up confirmed, suggest.

-The case of "establishment" in the regulations this circular must be manifested by the specific action, such as denouncing the offence is very serious, especially serious, brave rescue people, great value property of the State, the collective or of others, have outstanding achievements in mass movement to protect homeland security and received the certificate of merit of the Chairman from the district level upwards, there are technical innovations have great value in labor, manufacturing, relevant authorities from the provincial level.

Cases of objects 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 put the institution into a private establishment of case, the exemption could be sooner.

4-review of provincial PEOPLE'S COMMITTEE Chairman, 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 application must accept the decision taken on the basis of education and of social opinion where they reside; in case of need, the provincial PEOPLE'S COMMITTEE Chairman delivered to the same level of verification, verify each case is specific about the postpone or long before making a decision.

XI-TEMPORARILY SUSPENDED EXECUTIVE DECIDED to PUT the PERSON into the INSTITUTION, provided the EXECUTIVE PART TIME LEFT for CAMP STAFF the INSTITUTION: 1-where campers 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 must prepare the proposal, which must have 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 health is restored after 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 shall be temporarily suspended executive decision until the full 36 months of age. The Director of the institution making the proposal, which must contain the certificate 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. Time temporary suspension are not counted on the Executive term decisions, if in time to temporarily suspend that person has a distinctly progressive or set up, the Director of the institution making the Executive exemption proposal part time left for camp staff.

3-stranded campers illness shall be free of executive part time left. The Director of the institution that founded the Council approval (component as the Council consider reducing the time limit) and set the records suggest the Executive exemption part time left for camp staff, in the profile have to be patient or patients copies of the medical center or hospital from the district level upwards (have a clear confirmation that people are getting illness) sent to the camp administration confinement, the institution and the school brought to review the decision.

4-within 7 days of receiving the proposed profile of the institution, the prison director, the institution and the school brought to consideration, decided to temporarily suspend the executive decision or Executive exempt part time remaining for the cases referred to in points 1 , 2, 3 this item.

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 submit provincial PEOPLE'S COMMITTEE where previously the decision put that person on the basis of education, public security, social PEOPLE'S COMMITTEE at district level where they about residence to track , management.

5-at the latest, within 5 days from the date of signing the decision or 3 days from the day of arrival, local people are temporary suspension measures taken on the basis of education or Executive exempt part time left, to show where the township-level PEOPLE'S COMMITTEES at the residence of half pipe case, heavy or expensive illness without to be then that person's relatives to report the Chairman granted the commune.

6-the case of the camp are prorogued accept the decision referred to in point 1, point 2, the entry that was killed, the family must notify PEOPLE'S COMMITTEE of social and educational facilities (enclose a certificate confirmation of social level). The Director of the institution do reports of prisons Management Department, the institution and the school brought and informs the provincial PEOPLE'S COMMITTEE where the decision was taken before the person into the institution to know.

XII-REMISSION, EXECUTIVE EXEMPT PART TIME LEFT for CAMP STAFF HAVE DISTINCTLY PROGRESSIVE or ESTABLISHMENT of: 1-the Executive's Camp was half the time limit stated in the decision taken on the basis of education if the apparent progress or establishment shall be reduced or exempted in part chếp, consider the components for the remaining time.

2-the institution that founded the Council consider reducing the time limit or exempt Executive part time left for camp staff, the composition of the Council include:-the Director of the institution-President of the Council.


-Deputy Director for education-Vice President of the Council.

Management Team-Captain, Commissioner of Education Secretary.

-Profile officers and managers, educate the campers-Commissioner.

-Commander of the police force in protecting the institution-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 District Director of the institution decides to establish in each of a Subcommittee consider remission or Executive exempt part time remaining at the institution led by Vice Director-in-charge sector as head of the Subcommittee. The components of the Board include: head of sector, Chief Manager, education (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 and do report the text reduce the duration or the Executive exemption part time left for camp staff of the institution.

3-based on the criteria, conditions and academic performance, work out of campers, 4 a month (unless asked to consider reducing, long irregular), the reduced or free of Executive time remaining at the institution that is responsible for organizing meetings to review each specific case. When the Council meeting, officers management education is outlined and proposed reduced levels or the Executive exemption for each object in his team in charge. 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.

4-within 7 days from the date of 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 with the components including the Chief monitor the work of the institution and the school brought do standing Member , Deputy Head of the follow-up work of the institution and the school brought do Commissioner Secretary, representatives of reconnaissance and defense officers to directly track the work exemption, reduction of the prison administration, the institution and the school brought do Commissioner. Representatives of the institution are invited to attend the meeting to directly report the case before the Council. When considering the subject of violations specified in point g, point h, paragraph 2, section I to this circular, then Chairman of the exemption, reduction to invite representatives of the relevant authorities of the Ministry of public security.

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.

Within 5 days after the Board meeting, the Director of the Bureau of prison management, the institution and the school brought to consider the decision reducing the time limit or exempt Executive part time left for camp staff.

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 who are exempt from provincial PEOPLE'S COMMITTEE, where previously the decision to put that person on the basis of education, public security, social PEOPLE'S COMMITTEE at district level where they reside. The Executive exemption part time remaining at the institution that is responsible for submitting an PEOPLE'S COMMITTEE of social as defined in point 5 of section XI of this circular.

5-the case of the camp staff had 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, correctional institutions and liberal school, suggest that students camp out of the exemption list, rising; the case has decided to exempt, reduce, but not yet executed, the proposed decision.

XIII-EXTRACT: CAMP 1-extracting 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, specify the name, date of birth, identification number, hometown of the objects to extract and reasons, time limit for asking extract campers. 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 the certificate of the people's police or people's security identification and referral of the police from the district level upwards.

The delivery, get the campers must be founded thereon according to the model of unity; traffic thereon, campers are made in 2 copies, each party holds one copy. After delivery of the object to extract, the institution must send a copy of the text suggested by the bodies conducting criminal proceedings and decided to extract the camp staff of Correctional Administration, the institution and the school brought to the track.

Term extract campers are charged to the Executive term at the institution.

2-extract the expiry, 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.

XIV-to ESTABLISH and ADMINISTER EDUCATIONAL INSTITUTIONS: 1-the Minister of public safety decides the establishment, merger, dissolution of the institution on nationwide.

2-the institution that was 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. Proposals to establish the institution due to the Chairman, central cities suggest to specify scale, location, funding of construction and other issues related to the establishment and organization of the activity of the institution.

3-the Director, the Deputy Director, the institution must have graduated from the Police Academy, people's Security Institute or the University of the people's police, the people's security University, College of law, University of Social Sciences and Humanities, University pedagogy and must have knowledge experience on the management of education, people who violate the law.

XV-MANAGEMENT, USE THE RESULTS OF THE INSTITUTION'S WORKERS:


1-the management, using 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-results of the institution's workers after deducting reasonable costs according to the provisions of the law, the rest is distributed using the following:-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, labor, learning.

-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 operation 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 officers, soldiers of the institution have the 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 spend on the construction of infrastructure of educational establishments, the Director of the institution shall report in writing to request the opinion of the prison administration, the institution and the school brought before implementation.

3-6 month recurring, 1 year educational establishments to report specifically on the situation, the result of production, management, use of production results on The basis (through the General Department of logistics, Financial Services, Department of management, the institution and the school brought).

4-logistics, Financial Services is responsible for coordinating with the Bureau of prison management, the institution and the school brought the track, test, 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 leadership.

XVI-MODES of VISIT to MEET RELATIVES, receiving, SENDING MAIL, RECEIVING MONEY, GIFTS: visit to meet relatives, receiving, sending mail, receiving money, gifts of the members of the institution must undertake in accordance with the provisions of article 33 of Decree 76 and guidance in this circular.

When meet relatives, campers receive mail, gifts and money. Each month, the camp served to members sent 2 letters and received a gift package not exceeding 7 kg, messages and gifts must be cross checked by the institution.

XVII-reward, DISCIPLINE: CAMP 1-compensation, 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 to follow.

2-the making of records suggest consideration, 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 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, Decree No. 76 and instructions at point 2, section I to 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 referred to in point 2 of section XII of this circular.

Recommended records include: a disciplinary Council meeting minutes of the institution regarding proposed measures put people into the institution.

b-report and suggest measures to put the person into the institution.

c-A résumé, minutes, documents on the laws of the camp staff.

d-The campers thereon in violation of discipline, the disciplinary decision campers and other documents related to the violation of the law.

3-the Director of the institution must submit the profile suggested putting people into the institution of detention, the administration of the institution and the school brought to the review. Within 10 days of receiving the records suggest, the prison director, the institution and the school brought is responsible for chairing, in collaboration with the General Directorate of the police, Legal Services and units concerned to review the records, if the eligible measures taken on the basis of education with the text to suggest that the President The provincial PEOPLE'S COMMITTEE where the closed institution to review the decision. The decision to apply measures to bring people into the institution in this case sent the institution where the file recommended to organize implementation; send the provincial PEOPLE'S COMMITTEE where the decision has been taken previously in the institution and the PEOPLE'S COMMITTEE of social residence of that person to know.

To day campers expiry must obey the measure put on the institution that does not yet have the decision of the provincial PEOPLE'S COMMITTEE Chairman 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 procedures for them out of the institution according to the rules.

XVIII-IMPLEMENTATION: 1-this circular have effect after 20 days from the date of signing and replacing circular No. 7/1998/TT-BCA on 03/12/1998 of the Ministry of public security on guiding the implementation of some provisions of the Statute of the institution attached to the Decree No. 32/CP on 14/4/1997 of the Government. The previous regulations of the Ministry of public security contrary to this circular are repealed.

2-the General Director of the Police Department, the prison director, the institution and the school brought, Inspector, Legal Services in the scope of its mission, functions, has the responsibility to coordinate with related steering units, testing, inspection and guiding the implementation of this circular.

3-The General Director, Director, Director of the Service Bureau directly under the Minister of public safety, the Director of the province, central cities, according to its mission, functions, is responsible for implementation of this circular.

In the process of implementation if there are obstacles, it should promptly report to the Ministry (through the General Directorate of the police, prison administration, the institution and the school brought) to have timely instructions./.