Law No. 59/2024/QH15 dated November 30, 2024 on juvenile justice

NATIONAL ASSEMBLY OF VIETNAM --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
Law No: 59/2024/QH15	Hanoi, November 30, 2024

 

LAW

ON JUVENILE JUSTICE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly issues Law on Juvenile Justice.

Part one

GENERAL PROVISIONS

Chapter I

SCOPE OF REGULAITON AND BASIC RULES

Article 1. Scope

This Law provides diversion, penalties for juvenile delinquent; legal proceedings for juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges, crime victims, witness testifiers; enforcement of imprisonment sentences, community integration for juveniles; tasks, powers and responsibilities of agencies, organizations, individuals, families in juvenile justice.

Article 2. Application of Law on Juvenile Justice and relevant laws

Criminal information, filing of charges, settlement of criminal cases, diversion, enforcement of imprisonment sentences, community integration in respect of juveniles shall comply with this Law and Criminal Code, Criminal Procedure Code, Law on Enforcement of Criminal Judgments, and other laws that are not against this Law.

Article 3. Term interpretation

For the purposes of this Law, the terms below shall be construed as follows:

1. Juvenile delinquent means persons from 14 to under 18 years of age who commit crime specified in Criminal Code.

2. Accused juvenile means persons who are arrested, detainees, suspects, and defendants from 14 to under 18 years of age.

3. Juvenile victim means persons under 18 suffering from direct damage to physical body, mentality and property are impaired or threatened.

4. Juvenile witness testifier means persons under 18 that possess knowledge of facts relating to the crime and lawsuit and receive competent procedural agencies' subpoena to testify.

5. Person serving diversion measure means persons who serve community-based diversion measures or persons who have to serve the educational measure in reformatory, reformatory inmates.

6. Representatives of a juvenile include:

a) Parents;

b) Guardian;

c) Person designated by the Court.

7. Juvenile justice means regulations on policies, measures to handle juveniles; juvenile-friendly procedures in diversion, criminal information, filing of charges, investigation, prosecution, adjudication, enforcement of imprisonment sentences, community integration; task, powers and responsibilities of relevant agencies, organizations, individuals.

8. Diversion measure means supervision, education, prevention measures for juvenile delinquents, including community-based diversion measures specified in clause 1 to 11 of Article 16 of this Law and educational measures at reformatory specified in clause 12 of Article 36 of this Law.

9. Diversion procedure means procedures for consideration, decision on enforcing diversion measures on juvenile suspects, defendants specified in this Law.

10. Social worker in juvenile justice (hereinafter referred to as “social worker(s)") means officials, public employees engaging in social work, individuals in charge of child protection affairs at the communal level, socio-cultural officials at the communal level, and other social workers in accordance with law.

11. Social investigation report (SIR) means a report made by social workers on information about identity, family relationships, living conditions, education, health history, maturity level of the juvenile, and other relevant information that may affect the delinquency of the juvenile suspect, defendant.

12. Diversion plan means plans prepared by social workers to propose enforcement of community-based diversion measures, organization of assistance provision, and education of juveniles subject to community-based diversion measures.

Article 4. Funding, cost, support for juvenile justice

1. Funding for juvenile justice covered by the state budget and other lawful funding in accordance with law.

2. The State budget shall cover the following:

a) Facilities for conducting juvenile-friendly legal proceedings;

b) Organization of the enforcement of electronic supervision measures;

c) Organization of enforcement of decision on community-based diversion measures;

 d) Organization of enforcement of decision on educational measures at reformatory;

dd) Facilities of reform schools, separate prison, prison divisions, and areas for detention for juveniles; board and lodging, clothing, accommodation, daily necessities, medical care, cultural education, vocational education, job training, labor, cultural and artistic activities, and entertainment for juvenile reformatory inmates;

e) Expenditures of the National Fund for Vietnamese Children for juvenile justice;

g) Professional training and refresher training for social workers, person directly supervising enforcement of decision on applying diversion measures;

h) Expenses for social workers participating in legal proceedings, persons directly supervising the enforcement of decisions on applying diversion measures, persons assigned to help juveniles in community integration; expenses for medical, psychological, educational, sociological experts, representatives of educational institutions, vocational training institutions, representatives of the Vietnam Fatherland Front Committee, member organizations of the Front and other agencies, organizations and individuals participating in the process of resolving cases at the request of competent agencies and persons;

i) Other contents in respect of juvenile justice covered by the state budget accordance with relevant law.

3. Reform schools are allowed to accept material assistance from local authorities, domestic agencies, organizations, individuals, and foreign individuals and organizations to organize cultural education, career education, vocational training, and the purchase of learning and living supplies for students.

4. The Government shall elaborate this Article.

Article 5. Ensuring best interest

1. When resolving cases involving juveniles, their best interests must be ensured.

2. Juvenile delinquents shall only be prosecuted when necessary and primarily for educational purposes, aiming to assist them in correcting their mistakes, fostering healthy development, and becoming useful citizens to society.

3. The handling of Juvenile delinquent must be based on the criminal behavior, identity, age, level of maturity, their understanding of the societal harm caused by the offense, the reasons, conditions leading to the crime, and the requirements for crime prevention.

4. The safety of juveniles during legal proceedings, the enforcement of educational measures at reformatory, and the enforcement of imprisonment sentences shall be ensured in accordance with law.

5. Promptly assistance must be provided to juveniles.

Article 6. Ensuring friendly legal proceedings

Juvenile-friendly legal proceedings must be simple, friendly, aligned with the psychological state, age, level of maturity, and cognitive abilities of the juveniles.

Article 7. Equal treatment

1. Ensuring fairness, non-discrimination, and equal treatment for juveniles.

2. Addressing the legitimate needs of juveniles regarding gender, juveniles who are ethnic minorities, and vulnerable populations.

Article 8. Right to be promptly and fully informed

Juveniles have the right to receive complete and timely information in simple, friendly, and understandable language regarding matters related to the resolution of cases.

Article 9. Ensuring right to have a representative

Juveniles are ensured the right to have a representative participates in the process of resolving cases.

Article 10. Fast and timely resolution

Cases involving juveniles must be resolved as quickly as possible, limiting extensions and prioritizing simplified procedures.

Article 11. Prioritizing application of diversion measures

1. The diversion measures are prioritized for Juvenile delinquents at all stages, including investigation, prosecution, and adjudication.

2. The application of diversion measures must be aligned with the interests of Juvenile delinquents and the community.

Article 12. Penalty application

1. The penalties imposed on Juvenile delinquents primarily aim to educate them on respecting and obeying the law and ethical standards, guiding their lifestyles, preventing further offenses, and serving as a deterrent against crime.

2. The court shall only impose penalties on Juvenile delinquents if the diversion measures are deemed ineffective as deterrents. In cases where penalties must be applied, priority is given to warnings, fines, community sentence, and suspended sentences.

3. Juvenile delinquents are not subject to life imprisonment or the death penalty.

4. The court shall only impose definite imprisonment on Juvenile delinquents if the diversion measures are deemed ineffective as deterrents.

5. Upon being imposed a definite imprisonment, Juvenile delinquents shall receive a lighter sentence than what would be applied to adult offenders for corresponding crimes, with the shortest appropriate term.

6. Juvenile delinquents are not subject to additional penalties.

7. The sentence pronounced against Juvenile delinquents, if falling under the following cases, is not considered when determining recidivism or dangerous recidivism:

a) Offenders from 14 to 16 years of age;

b) Offenders from 16 to 18 years of age who involuntarily commit a less serious crime, serious crime or very serious crime;

Article 13. Ensuring confidentiality of personal privacy

1. The confidentiality of personal privacy of juveniles must be respected and protected throughout the process of receiving and handling criminal information, prosecution, investigation, adjudication, diversion, sentence enforcement, and community integration.

2. The court conducts private hearings for criminal cases involving juveniles who are victims of gender-based violence or in other special cases requiring the protection of juveniles.

3. Juvenile victims or witnesses participating in legal proceedings must be provided with an isolated room or other protective measures.

Article 14. Right to defense, rights to receive legal aid, interpretation

1. Accused juveniles must have a defender.

2. Competent procedural agencies, persons shall notify and explain to the accused juvenile and ensure that they fully carry out their right to defense in accordance with law.

3. Juveniles participating the criminal procedures shall receive free legal aid and interpretation.

Article 15. Minimizing the application of preventive measures, coercive measures

1. Preventive measures and coercive measures shall only apply to juveniles when deemed necessary.

2. Temporary detainment and detention shall only apply to juveniles when there are grounds proven that other measures are not effective.

Competent procedural agencies, persons must regularly supervise, review, and inspect the custody, detention of juveniles; if there are no longer grounds or necessity for temporary detainment, detention, a decision must promptly be made to cancel it and replace it with other preventive measures.

Article 16. Specialization in juvenile justice

Investigators, prosecutors, and judges handling cases involving juveniles must be individuals who have been trained, educated, or have experience in investigating, prosecuting, and adjudicating cases related to juveniles, or have the necessary understanding of the psychology and educational sciences of juveniles.

Article 17. Ensuring and respecting right to participate, express opinions

1. Juveniles have the right to participate and express opinions on issues concerning their rights and obligations throughout the legal proceedings.  Their opinions must be respected and not deemed unreliable solely because of their age. The fact that a juvenile does not admit guilt shall not be used as grounds for holding them to a higher level of liability.

2. Competent procedural agencies, persons must listen to the opinions, wishes, and concerns of juveniles in a manner appropriate to their age, gender, level of maturity, and development.

Article 18. Ensuring the effect of decision on applying diversion measures

1. An effective decision on applying diversion measures must be respected by agencies, organizations, individuals; strictly implemented by relevant agencies, organizations, individuals.

2. Agencies, organizations, individuals, within their jurisdiction shall cooperate and implement request of competent agencies and individuals in enforcement of decision on applying diversion measures.

Article 19. Ensuring appropriate enforcement of educational measures at reformatory, enforcement of imprisonment

1. During the enforcement of educational measures at reformatory, enforcement of imprisonment sentences, juveniles must be protected, educated, rehabbed, and reintegrated into the community.

2. Reform schools, prisons must provide facilities that are suitable for the age, gender, and development of juveniles.

3. Juveniles serving imprisonment shall be held in prisons, prison divisions, and designated areas for detention of juvenile inmates.

Article 20. Ensuring community reintegration

1. Ensure favorable conditions for juvenile individuals to complete educational measures in reform schools and reintegrate into the community after completing imprisonment, maintain stable lives, and prevent further offenses:

2. Ensure participation from agencies, organizations, individuals and families in community reintegration in accordance with law.

3. Strictly prohibit discrimination and prejudice against juveniles who have completed educational measures at reformatory or imprisonment.

Chapter II

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

Article 21. Rights and obligations of juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges

1. Juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges have the following rights and obligations:

a) Rights and obligations in accordance with Criminal Procedure Code;

b) Having a representative participating in legal proceedings;

c) Receiving support from medical, psychological, educational, and sociological experts if necessary;

d) Being provided with complete and timely information in simple, friendly, and understandable language regarding matters related to resolving cases;

dd) Being ensured confidentiality of personal privacy throughout the process of resolving cases;

e) Receiving legal aid in accordance with law;

g) Receiving notification and explanation regarding rights and obligation prescribed in this Law;

h) Other rights and obligations in accordance with this Law.

2. In addition to right and obligations specified in clause 1 of this Article, juveniles who are suspects, defendants shall also have the following rights and obligations:

a) Requesting application of Diversion measures;

b) Receiving assistance from social worker during legal proceedings;

c) Complaining about decision on applying Diversion measures.

Article 22. Rights and obligations of juveniles who are victims, witnesses

1. Juveniles who are victims shall have the following rights and obligations:

a) Rights and obligations in accordance with Criminal Procedure Code;

b) Having a representative participating in legal proceedings;

c) Receiving support from medical, psychological, educational, and sociological experts if necessary;

d) Being provided with complete and timely information in simple, friendly, and understandable language regarding matters related to resolving cases;

dd) Being ensured confidentiality of personal privacy throughout the process of resolving cases;

e) Receiving legal aid in accordance with law;

g) Receiving notification and explanation regarding rights and obligation prescribed in this Law;

h) Receiving assistance from social worker during legal proceedings;

i) Receive recompense and assistance in accordance with this Law and relevant laws;

k) Complaining about decision on applying Diversion measures.

l) Other rights and obligations in accordance with this Law.

2. Juveniles who are witnesses shall have rights and obligations specified from point a to g of this Article and other rights and obligations in accordance with this Law.

Article 23. Rights and obligations of persons serving diversion measure

1. Persons serving diversion measure have the following rights:

a) Receiving notification and explanation regarding rights and obligation prescribed in this Law;

b) Being provided with opportunities for work, education, job orientation, vocational training; Participate in counseling and life skills development programs;

c) Expressing wishes and proposals with the Chairman of the commune-level People's Committee; the person directly supervising the enforcement of decisions on applying diversion measures; the Principal, officials, and teachers at the reform school;

d) Being ensured confidentiality of personal privacy throughout the implementation of Diversion measure;

dd) Being granted a certificate of the completion of diversion measures;

e) Being provided with guidance on procedures for temporary absence declaration, permanent residence registration, temporary residence registration when complying with decision on applying community-based diversion measures.

2. Persons serving diversion measure have the following obligations:

a) Complying with decision on applying Diversion measures;

b) Complying with the law, internal regulation of place of residence, study, or work;

c) Undergoing supervision and education by competent agencies, organizations, or individuals during the implementation of diversion measures;

d) Reporting on the compliance with diversion measures when requested;

dd) Appearing before competent authorities when required during the implementation of decisions applying community-based diversion measures.

3. Other rights and obligations in accordance with law.

Article 24. Rights and obligations of juveniles who are inmates

1. Rights and obligations in accordance with Law on Enforcement of Criminal Judgments.

2. Being ensured confidentiality of personal privacy during imprisonment;

3. Being provided with appropriate cultural education in accordance with education laws.

4. Participating in cultural, artistic, physical, sports, and recreational activities suitable for their age and gender that are organized by the prison that are suitable for their age and gender.

5. Receiving notification and explanation regarding rights and obligation prescribed in this Law.

6. Other rights and obligations in accordance with this Law.

Article 25. Determining the age of juveniles who are accused persons, victims

1. The age of juveniles who are accused persons, victims shall be determined by competent procedural agencies, persons in accordance with law. The age shall be determined based on: Notice of Birth, Birth certificate, 9-digit Identity card, 12-digit Citizen identity card, 12-digit Identity card, Identity certificate, Passport or information in the national population database, other specialized databases.

In case documents, records, or information in the databases mentioned above are contradictory, unclear, or lacking, the competent procedural agencies, persons must cooperate with the family, legal representatives, relatives, educational institutions, vocational training institutions, Ho Chi Minh Communist Youth Union, or other relevant organizations and individuals where the person studies, works, or resides to verify, clarify contradiction, or find other valuable documents or records proving their age.

2. In cases where legal measures have been applied but the exact date of birth cannot be determined, the date of birth shall be determined as follows:

a) If the month is determined but the date is not, the last day of that month shall be chosen as the birth date.

b) If the quarter is determined but the date and month are not, the last day of the last month in that quarter shall be chosen as the birth date.

c) If the half of the year is determined but the date and month are not, the last day of the last month in that half year shall be chosen as the birth date.

d) If the year is determined but the date and month are not, the last day of the last month in that year shall be chosen as the birth date.

3. In cases where the birth year cannot be determined, an examination must be conducted to ascertain the age.

Article 26. National Council of Juvenile Justice

1. The National Council of Juvenile Justice is established by the Prime Minister. The Prime Minister shall determine the members of the National Council of Juvenile Justice established by the Prime Minister based on request of the standing body of the Council.

2. The National Council of Juvenile Justice shall operate based on an inter-sectoral coordination mechanism. Members of the National Council on Juvenile Justice shall perform assigned tasks and powers and work part-time.

3. The National Council of Juvenile Justice shall have the following tasks and powers:

a) Instructing and urging ministries, central authorities to resolve matters regarding juvenile justice;

b) Proposing solutions to implement matters related to juvenile justice;

c) Cooperating with agencies of the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front and its member organizations, social organizations, and socio-professional organizations in implementing juvenile justice;

d) Instructing and urging ministries, central authorities to report to the National Assembly on the results of performing tasks related to juvenile justice in the annual work report;

dd) Instructing and urging social work related to juvenile justice; instructing the disclosure of the list of social workers in juvenile justice, and providing professional training and refresher training for social workers in juvenile justice;

e) Giving instruction on statistics, information, and reports on juvenile justice;

g) Other task requested by the Prime Minister and competent authorities.

4. The Government shall elaborate this Article.

Article 27. Standing body of National council of juvenile justice

1. The Standing body of National council of juvenile justice is the Ministry of Public Security.

2. The Standing body shall have the following tasks and powers:

a) Providing assistance to the National Council of Juvenile Justice in carrying out their tasks and powers;

b) Submitting annual report on the operation of the Council to the Government;

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

3. The Government shall elaborate this Article.

Article 28. Responsibilities of competent procedural agencies, persons

1. Competent procedural agencies, persons shall complying with regulations on diversion, penalties, legal proceedings, and have other responsibilities in accordance with law; ensure lawful rights and interests of juveniles.

2. Competent procedural agencies, persons shall provide necessary information about the process of diversion, the legal proceedings, and the exercise of rights and obligations for the participants in the legal proceedings who are juveniles, their representatives, defenders, and protectors of their lawful rights and interests.

Article 29. Presiding officers

1. Investigators, Prosecutors and Judges engaging in juvenile justice must satisfy one of the following conditions:

a) Having completed training, refresher training in skills for resolving cases involving juveniles;

b) Having experience in investigating, prosecuting, and adjudicating cases involving juveniles;

c) Having completed training, refresher training in psychology and educational sciences of juveniles;

2. The adjudication panel participating in the first-instance adjudication of cases involving juveniles must include at least one person who is a teacher, a member of the Ho Chi Minh Communist Youth Union, or an individual with experience working in fields of justice, management, training, protection, care or education of juveniles, or someone trained in psychology and educational sciences of juveniles.

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

1. The Vietnam Fatherland Front and its member organizations, within their jurisdiction, shall encourage union members, association members, and people of all walks of life to implement this Law; participate in supervision and social criticism in the field of juvenile justice.

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

Article 31. Responsibilities of other agencies, organizations, individuals

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

a) Closely and promptly cooperating with competent procedural agencies, persons;

b) Assisting, enabling execution of rights and obligations of juveniles;

c) Cooperating and exchanging information with competent procedural agencies, persons;

d) Provide assistance to juveniles in community reintegration, vocational training, and employment when they reach working age;

dd) Other tasks in accordance with Law.

2. Representatives, defenders, and protectors of the lawful rights and interests of juveniles; representatives of educational institutions, vocational training institutions, the Ho Chi Minh Communist Youth Union, the Vietnam Women's Union, and other relevant agencies, organizations, and individuals must be present and fully participate in legal proceedings and other activities in accordance with the decisions or requests of competent agencies and individuals.

3. Reform schools and prisons shall ensure compliance with regulations on enforcement of educational measures at reformatory, enforcement of imprisonment, community reintegration, and other responsibilities as prescribed by law; and ensure the lawful rights and interests of juveniles.

Reform schools and prisons shall improve the competence of officials and teachers in management and education skills that are appropriate to juveniles.

4. Legal aid-providing organizations and Bar Federations shall provide legal aid assistants and lawyers with refresher training and guidance on skills to defend and protect lawful rights and interests of juveniles and legal aid skills for juveniles.

Article 32. Social workers

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

a) Having knowledge about laws on juveniles;

b) Having completed training and refresher training in psychology and educational sciences of juveniles or having experience, understanding of juvenile psychology, or having skills of communication with juveniles.

2. Social workers participating in juvenile justice shall have the following tasks and powers:

a) Formulating social investigation reports and diversion plans;

b) Participating in providing appropriate support and intervention to juveniles when requested;

c) Participate in meetings and trials as prescribed by this Law;

d) Participating in the enforcement of decisions on applying community-based diversion measures and community integration for juveniles in accordance with the law;

d) Being reimbursed for expenses when participating in juvenile justice in accordance with the law;

dd) Other tasks and powers in accordance with this Law.

3. Social workers shall participate in juvenile justice cases on a case-by-case basis.

4. A social worker may provide support to multiple accused persons or multiple victims but may not assist both the accused person and the victim in the same case. 

5. Provincial People's Committees shall disclose the list of social workers in juvenile justice in their area.

Article 33. Responsibilities of families

1. Parents, caregivers of juveniles and other family members shall have the following responsibilities:

a) Complying with the law and decisions of competent authorities and individuals in juvenile justice;

b) Regularly communicate with responsible agencies, organizations, and individuals for guidance and assistance in implementing decisions on applying diversion measures and community reintegration for juveniles;

c) Comply with decisions, measures, and regulations of competent authorities, individuals to ensure the safety, protection of life, health, dignity, honor, property, personal privacy, other lawful rights and interests of juveniles.

2. 2. Parents or guardians of juveniles shall participate in the process of resolving the case; select a defender, protector of lawful rights and interests, or defend and protect the lawful rights and interests of juveniles in the legal proceedings in accordance with law.

3. Parents or guardians of accused juveniles are responsible for compensating for damages and fulfilling other responsibilities as prescribed by law.

Part two

DIVERSION FOR ACCUSED JUVENILES

Chapter III

DIVERSION MEASURES

Article 34. Purposes of Diversion

1. Promptly and effectively handle juveniles.

2. Assist juveniles in changing their perceptions, recognizing and correcting their mistakes, self-improvement, preventing the causes of criminal behavior, and educating them to become useful citizens for society

3. Promote mediation between juveniles and victims affected by the juveniles’ crime.

4. Enhance the responsibility of families and communities directly participating in diversion.

5. Limit the negative impacts of criminal procedures on juveniles.

6. Prevent juveniles from committing new crimes and enable community reintegration.

Article 35. Application of diversion measures

1. The application of diversion measures must consider the nature and severity of the offense; the educational and rehabilitation possibilities of juvenile delinquents, and the safety of victims and the community.

2. The selection of diversion measures for juvenile delinquents must be appropriate to their circumstances, age, and psychological characteristics.

3. Juvenile delinquents may be subject to one or more community-bases diversion measures. The diversion measures specified in Articles 6, 7, 8, 9, 10, and 11 of this Law must be applied simultaneously with one or  multiple diversion measures specified in Articles 1, 2, 3, 4, and 5 of this Law.

In cases where juvenile offenders are subject to multiple community-based diversion measures but must also fulfill the obligations specified in points b, c, d, and dd of Article 23.2 of this Law, the duration of fulfilling these obligations must not exceed the maximum time limit prescribed for the applied measures.

4. Educational measures at reformatory shall not be applied simultaneously with community-based diversion measures.

5. Diversion measures shall be applied if the offender has reached the age of 18 at the time of consideration.

Article 36. Diversion Measures

1. Reprimand.

2. Apology to the victim.

3. Damage compensation

4. Education in the community.

5. House arrest

6. Restriction on movement.

7. Prohibition on contact with individuals at risk of influencing the juvenile to commit new crime.

8. Prohibition from visiting places that may lead the juvenile to commit new crime.

9. Participation in educational or vocational programs.

10. Participation in treatment or psychological counseling.

11. Community service.

12. Education at reformatory.

Article 37. Cases eligible for diversion measures

Juvenile delinquents falling into one of the following cases, if not exempt from criminal liability according to the provisions of the Criminal Code, may be eligible for diversion measures:

1. Individuals from 14 to under 16 years of age who commit a very serious crime as defined by the Criminal Code, except for cases specified in clauses 1 and 3 of Article 38 of this Law.

2. Individuals from 16 to under 18 years of age who involuntarily commit very serious crime, serious crime or less serious crime as defined by the Criminal Code, except for cases specified in clauses 2 and 3 of Article 38 of this Law.

3. Juveniles who are accomplices with insignificant roles in the case.

Article 38. Cases ineligible for diversion measures

1. Juveniles from 14 to under 16 years of age are not eligible for diversion measures if they fall into one of the following cases, except as specified in clause 3 of Article 37 of this Law:

a) Commit a very serious crime such as: Murder, Rape, Rape of a person under 16, Non-consensual intercourse with a person from 13 to under 16 years of age, Illegal manufacturing of narcotic substances;

b) Commit a very serious crime multiple times, or commit multiple very serious crimes as defined by the Criminal Code;

c) Commit an extremely serious crime multiple times as defined by the Criminal Code.

2. Juveniles from 16 to under 18 years of age are not eligible for diversion measures if they fall into one of the following cases, except as specified in clause 3 of Article 37 of this Law:

a) Committing a very serious crime such as: Rape, Illegal manufacturing of narcotic substances, Illegal possession of narcotic substances, Illegal trading of narcotic substances, Illegal trafficking of narcotic substance, Appropriation of narcotic substances;

b) Recidivism and dangerous recidivism

c) Deliberately committing a serious crime multiple times, or commit multiple serious crimes as defined by the Criminal Code;

d) Deliberately committing a very serious crime, or committing an extremely serious crime as defined by the Criminal Code;

3. Juveniles who have been subject to diversion measures but commit new crime are not eligible for diversion measures.

Article 39. Requirements for application of diversion measures

Juvenile delinquents falling under the cases specified in Article 37 of this Law may be eligible for application of diversion measures when they satisfy the following requirements:

1. There is evidence confirming that the juvenile has committed the a crime

2. The juvenile admits to having committed a crime;

3. The juvenile consents in writing to the diversion.

Article 40. Reprimand

1. Reprimand is a strict criticism towards juvenile delinquents, explaining the harm caused by the them and the consequences of further violations. Reprimand shall be executed immediately during the session to consider and decide on the application of diversion measures, trials, or shall be executed at the People's Committee of the commune where the juvenile delinquent resides.

2. Reprimand shall apply to the following cases:

Individuals from 16 to under 18 of age who involuntarily commit very serious crime, or commit a less serious crime as defined by the Criminal Code;

b) Juveniles who are accomplices with insignificant roles in the case.

3. Juvenile delinquents subject to reprimand must fulfill the obligations specified in clause 2 of Article 23 of this Law from 3 months to 1 year.

Article 41. Apology to the victim

1. Apology to the victim means juvenile delinquents admitting their mistakes to the victims and wishing to be forgiven for the crime that they have committed. Apology to the victim shall be carried out immediately during the session to consider and decide on the application of diversion measures, trials.

2. Apology to the victim shall apply to the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in point a of clause 2 of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who commit a less serious crime or serious crime as defined by the Criminal Code, except for cases specified in point b of clause 2 of Article 51 of this Law;

c) Juveniles who are accomplices with insignificant roles in the case.

3. Apology to the victim shall be applied with the consent of the victim or their representative.

4. Juvenile delinquents subject to apology to the victim must fulfill the obligations specified in clause 2 of Article 23 of this Law from 3 months to 1 year.

Article 42. Damage compensation

1. Damage compensation means that the juvenile delinquents or their parents shall compensate victims for the physical and mental damages affecting the life, health, dignity, reputation, character, or property that are caused by the crime.

2. Damage compensation shall apply to the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in point a of clause 2 of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who commit a less serious crime or serious crime as defined by the Criminal Code, except for cases specified in point b of clause 2 of Article 51 of this Law;

c) Juveniles who are accomplices with insignificant roles in the case.

3. Damage compensation shall be applied with the consent of the victim or their representative.  The competent authority determines the time for fulfilling the obligation to compensate for damages, not exceeding 01 year.

4. Juvenile delinquents subject to damage compensation must fulfill the obligations specified in clause 2 of Article 23 of this Law from 3 months to 1 year.

Article 42. Education in the community

1. Education in the community means that juvenile delinquents shall be put under the management, supervision, and education of the People's Committee of the commune where they reside regarding compliance with the law, performance of civic duties, and compliance with the internal regulations of their place of residence, study or work.     

2. Education in the community shall apply to the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who commit a less serious crime or serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law;

3. The duration of applying the educational measure at the community and fulfilling the obligations specified in clause 2 of Article 23 of this Law is from 6 months to 2 years.

Article 44. House arrest

1. House arrest means that juvenile delinquents shall stay at home under direct supervision of their family and only be allowed to leave the house when necessary with the permission from the person directly supervising the enforcement of decision on applying diversion measures.

2. House arrest shall be applied in the following cases:

a) Individuals from 14 to under 16 of age who commit an extremely serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law;

b) Individuals from 16 to under 18 of age who unintentionally commit a very serious crime or commit serious crime as defined by the Criminal Code, except for cases specified in clause 3 of Article 37 of this Law and crime specified in point a of Article 51 of this Law.

3. House arrest shall be applied upon the request and commitment of the father, mother, grandfather, grandmother, elder brother, or elder sister who are adults living in the same household as the juvenile delinquents. The requester must ensure that he/she has a clear place of residence, has adequate facilities, and is capable of caring for, educating, and directly supervising the juvenile delinquents.

4. The duration of applying the house arrest and fulfilling the obligations specified in clause 2 of Article 23 of this Law is from 03 months to 1 year.

Article 45. Restriction on movement

1. Restriction on movement means limiting juvenile delinquents from leaving their home during specific hours from 6:00 PM of the previous day to 6:00 AM of the following day, except when necessary and permitted by the person directly supervising the enforcement of decision on applying diversion measures.

2. The duration of restriction on movement is from 03 to 06 months.

Article 46. Prohibition on contact with individuals at risk of influencing the juvenile to commit new crime

1. Prohibition on contact with individuals at risk of influencing the juvenile to commit new crime means prohibiting juvenile delinquents from communicating, contacting, or approaching victims, accomplices, or individuals who may have a negative influence on the behavior of the juvenile at risk of prompting them to commit new crime.

2. The duration of applying prohibition on contact with individuals at risk of influencing the juvenile to commit new crime is from 06 months to 01 year.

Article 47. Prohibition from visiting places that may lead the juvenile to commit new crime

1. Prohibition from visiting places that may lead the juvenile to commit new crime means prohibiting juvenile delinquents from visiting places where criminal acts have been committed or places with similar environments to those where the crimes have been committed, which may pose a risk of prompting the juvenile delinquent to commit new crime.

2. The duration of applying prohibition from visiting places that may lead the juvenile to commit new crime is from 06 months to 01 year.

Article 48. Participation in educational or vocational programs

1. Participation in educational or vocational programs means that juvenile delinquents must learn about law, ethics, civic duties, problem-solving skill, life skills, or participate in vocational training.

2. Educational institutions and vocational training institution selected by the presiding authorities shall educate and train juvenile delinquents and cooperate with the person directly supervising the enforcement of decision on applying diversion measures.

3. The duration of applying measures of participation in educational or vocational programs is no more than 01 year

4. The Government shall elaborate this Article.

Article 49. Participation in treatment or psychological counseling

1. Participation in treatment or psychological counseling is the provision of therapy, medical intervention to overcome mental, emotional, mood, health problems that lead to juvenile delinquency.

2. Medical establishments, treatment centers, and other organizations providing treatment and psychological counseling selected by presiding authorities shall implement professional measures to treat and intervene for juveniles and cooperate with the person directly supervising the enforcement of decision on applying diversion measures.

3. The duration of applying measures of participation in treatment or psychological counseling is no more than 01 year

4. The Government shall elaborate this Article.

Article 50. Community service

1. Community service involves directly serving the community where juvenile delinquents reside, including:

a) Participating in planting and caring for greenery in public areas; repairing, cleaning village roads, alleys, streets, community centers, or other public works;

b) Engaging in other activities to improve the living environment and landscape of the community.

Assisting and supporting the elderly, persons with disabilities, individuals in special circumstances, or other voluntary activities to enhance awareness, responsibility, and community connection and sharing.

2. The total duration of community service shall be from 20 to 80 hours.  Community service shall not exceed 4 hours per day, 5 days per week, and shall not be conducted between 8:00 PM the previous day and 6:00 AM the following day.

3. Enforcement of community service must ensure safety, avoid discrimination, and not adversely affect the education of the juvenile.

4. The duration of applying community service shall not exceed 3 months.

Article 51. Education at reformatory

1. Education at reformatory means that juvenile delinquents shall be obligated to study culture, participate in vocational training, work, and live under the management and education of an educational organization with strict discipline in accordance with law.

2. Education in the community shall apply to the following cases:

a) Individuals from 14 to under 16 years of age who commit a very serious crime such as: Deliberate infliction of bodily harm upon another person, Human trafficking, Trafficking of a person aged under 16,  Illegal possession of narcotic substances, Robbery, Snatching , Illegal trading of narcotic substances, Illegal trafficking of narcotic substance, Appropriation of narcotic substances, except in cases where the juvenile is an accomplice with an insignificant role in the case;

b) Individuals from 16 to under 18 years of age who commit a very serious crime such as: Deliberate infliction of bodily harm upon another person, Robbery, Snatching, except in cases where the juvenile is an accomplice with an insignificant role in the case;

c) Other cases requiring application due to the seriousness of the crime, identity, and living environment of the juvenile delinquent.

d) Other cases specified in clause 3 of Article 82 of the Law.

3. The duration of educational measures at reformatory is from 06 to 02 months.

Chapter IV

PROCEDURES FOR REVIEWING AND DECIDING ON APPLICATION OF DIVERSION MEASURES

Section 1. GENERAL PROVISIONS

Article 52. Authority to apply diversion measures

1. The heads, deputy heads of investigation authorities, directors, and deputy directors of the Procuracy shall have the authority to apply community-based diversion measures, except in cases where the case requires compensation or asset seizure.

2. Judges, adjudication panels shall have the authority to apply diversion measures as stipulated in Article 36 of this Law

Article 53. Requesting social workers to participate in legal proceedings

1. Immediately after pressing charge against a juvenile suspect, the investigation authority must request social workers on the list specified in clause 5 of Article 32 of this Law to participate in the legal proceedings.  If necessary, requests may be made directly, by phone, or through other electronic means but must be followed up with a written request.

2. Selection of social workers should follow the following priority order:

a) Officials, public employees, and workers who are social workers residing in the same commune-level administrative unit as the juvenile;

b) Officials, public employees, and workers who are social workers residing in the same district-level administrative unit as the juvenile;

c) Child protection social workers or cultural-social officials at the commune where the juvenile resides.

d) Other social workers as prescribed by law.

3. Within 01 day of receiving the investigation authority's request, social workers must respond in writing regarding their participation in the legal proceedings.  If necessary, notifications can be made directly, by phone, or through other electronic means but must be followed up with a written response.

4. Within one day of the social worker confirming participation in the proceedings, the investigation authority must issue a written notification regarding participation in the legal proceedings and send it to them. This notification must include a request for the social worker to prepare a social investigation report on the juvenile suspect.

The notification of the social worker's participation in the legal proceedings is valid throughout the legal proceedings.

5. Social workers are considered participants in the legal proceedings from the moment they receive the notification about their participation.

Article 54. Formulating social investigation reports

1. Within one day of the social worker confirming participation in the proceedings, the investigation authority must issue a written notification regarding participation in the legal proceedings and send it to them.

2. Social investigation reports must include:

a) Full name, date of birth, gender, personal identification number, place of residence of the juvenile;

b) Full name, place of residence of the representative of the juvenile;

c) Full name, place of work (if any) of the social worker;

d) Family relationships, living conditions of the juvenile;

dd) Maturity level of the juvenile;

e) Health history of the juvenile;

g) Learning, educational level and occupation of the juvenile;

h) Factors that may be the cause of juvenile delinquency;

i) Places and individuals that may lead the juvenile to commit new offenses (if any);

k) Proposal for application of Diversion measures (if any).

3. Relevant agencies, organizations and individuals shall provide information about juvenile suspects when requested by social workers.

4. At the request of the presiding authorities, social workers shall formulate supplementary social investigation reports during the investigation, prosecution, and adjudication.

Article 55. Consideration for application of diversion measures

1. Within 15 days from the date the investigation authority receives the social investigation report; within 7 days from the date the Procuracy receives the case file and the conclusion of investigation for charges, and the Court  receives the case file and the charge, the heads, deputy heads of the investigation authority, heads and vice heads of The Procuracy, or judges must base issue a notification on applying or not applying the diversion procedure in accordance with regulations of Articles 35, 37, 38, and 39 of this Law.

2. Notification on applying or not applying the diversion procedure shall include:

a) Number, date of issuance of the notification;

b) Name of the issuing agency;           

c) Full name of the heads, deputy heads of the investigation authority, heads and vice heads of The Procuracy, or judges issuing the notification;

d) Full name, date of birth, gender, personal identification number, place of residence, occupation, educational level of the juvenile suspects;

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

e) Reasons, grounds for issuing the notification;

g) Application or non-application of the diversion procedure;

h) Recipient of the notification.

3. The notification on applying or not applying the diversion procedure shall be sent to the juvenile suspect, his/her representative, defense counsel, social worker and the Procuracy at the same level within 3 days of issuance.

4. Immediately after issuance of the notification, the investigation authority, Procuracy, or Court shall:

a) If the juvenile is found eligible for the community-based diversion measure, issue a written request to the social worker to formulate a diversion plan, except in cases specified in point b of this clause.

The request must include information on the nature and severity of the juvenile's crime and other necessary details for formulation of the diversion plan.

b) If the juvenile is found eligible for the community-based diversion measure with an existing diversion plan in the case file, the Procuracy or Court shall convene a meeting as stipulated in Article 59 of this Law if it deems unnecessary to amend or create a new diversion plan;

c) If the juvenile is deemed eligible for application of educational measures at reformatory, the Investigation authority or Procuracy shall submit a written request, along with the case file, to the Court for review and decision on applying educational measure at reformatory.

If the juvenile is deemed eligible for application of educational measure at reformatory, the Court shall review and decide on applying educational measure at reformatory.

5. During the diversion procedure, if compensation or asset seizure is required, the Investigation authority or Procuracy shall submit a written request, along with the case file, to the Court for review and decision on applying the diversion procedure and resolving issues regarding compensation or asset seizure.

6. If the Investigation authority requests the Court to consider and decide on applying the diversion procedure according to the provisions in point c of clause 4 and clause 5 of this Article, the Investigation authority must notify the Procuracy of the corresponding level immediately.

7. The application of the diversion procedure does not terminate the necessary procedural activities to resolve the case

In cases where criminal proceedings are being simplified and a juvenile is found eligible for the diversion procedure, the Investigation authority, Procuracy, or Court shall decide to cancel the simplified procedure and resolve the case in accordance with this Law and the Criminal Procedure Code.

8. When issuing a notification on not applying Diversion procedure, the Investigation authority, the Procuracy, and the Court shall continue to resolve the case in accordance with the Criminal Procedure Code and this Law.

9. The Head of the Supreme People’s Procuracy shall take charge and cooperate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, shall elaborate points 4, 5, and 7 of this Article.

Article 56.  Decision on applying Diversion measures  

1. Decision on applying Diversion measures must include:

a) Number, date of issuance of the decision;

b) Name of the issuing agency;

c) Full name of the heads, deputy heads of the Investigation authority, the Director, Deputy Director of the Procuracy, Judge or Adjudication Council that issue the decision;

d) Full name, date of birth, gender, personal identification number, place of residence, occupation, educational level of the juvenile;

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

e) Crime, article, clause, and point of the Criminal Code applied;

g) Reasons, grounds for issuing the decision;

h) Decision on applying or not applying Diversion measures.

The name of the diversion measure that apply, the duration of application, the duration of fulfilling obligations, suspending the investigation of the case against the suspect, or suspending the case against the suspect subject to the diversion measure, and the cancellation of preventive measures, coercive measures, return of temporarily seized documents or objects (if any), handling of evidence, and other related issues must be clearly stated.

i)  Responsibilities of agencies, organizations, individuals enforcing the decision;

k) Effect of the decision

l) Recipient of the decision.

2. The decision on applying Diversion measures shall come into force on the date of publication.

This decision may be appealed, except in cases specified in clause 6 of Article 151 of this Law; or be petitioned, except in cases specified in Article 4 of this Law and clause 6 of Article 151 of this Law.

3. Within 5 days from the date of publication the decision on applying or not applying the community-based diversion measure, the Investigation authority, Procuracy, and Court shall take the following actions:

a) Deliver the decision to the juvenile suspect, their legal representative; send it to the Procuracy of the corresponding level, the victim; send it to the corresponding level of the investigation authority in cases where the Procuracy makes the decision;

b) Send the decision on applying the community-based diversion measure and a copy of the social investigation report to the People's Committee at the commune where the juvenile resides;

c) Send the decision on applying the diversion measure for damage compensation to the civil judgment-enforcing agencies.

4. If the decision on applying or not applying the community-based diversion measure of the Investigation authority is unfounded or unlawful, within 5 days from receiving the decision, the Procuracy shall resolve as follows and provide clear reasons:

a) Make a decision to annul that decision and request the investigation authority to continue resolving the case in accordance with this Law and the Criminal Procedure Code;

b) Make a decision to annul the decision on not applying/applying the community-based diversion measure and request the investigation authority to reconvene to review and decide on applying the community-based diversion measure, except in cases specified in point c of this clause.

Within 5 days from receiving the decision specified in this point, the investigation authority must reconvene to review and decide on applying the community-based diversion measure;

c) In cases where the case file and the conclusion of the investigation for charges have already been transferred to the Procuracy, the Procuracy shall review and decide on applying the community-based diversion measure in accordance with this Law.

5. Within 5 days from the date of publication the decision on applying or not applying the educational measure at reformatory, the Court shall take the following actions:

a) Deliver the decision to the juvenile suspect, their legal representative; send it to the Procuracy of the corresponding level, the victim; send it to the agency requesting the application of the educational measure at reformatory (if any);

b) Send the decision on applying the educational measure at reformatory and a copy of the social investigation report to the criminal judgment enforcement agency of a district-level Police where the juvenile resides;

c) Return the case file to the investigation authority, Procuracy that made the request in cases where the Court does not accept the request to apply the educational measure at reformatory as stipulated in clause 1 of Article 68 of this Law.

Article 57. Handling of cases where person serving diversion measure commit another crime

In cases where individuals under diversion measures are prosecuted for other crimes, they shall not be prosecuted for the crime for which the diversion measure is applied.

Section 2. PROCEDURES FOR REVIEWING AND DECIDING ON APPLICATION OF COMMUNITY-BASED DIVERSION MEASURES

Article 58. Formulating diversion plans

1. Within 07 day of receiving the investigation authority's request, Procuracy, Court, social workers must formulate diversion plan and send it to the requesting agency.  

2. The Diversion plan must include:

a) The proposed Diversion measures;

b) Duration and place of implementation;

c) Rights and obligations of juveniles in accordance with Article 23 of this Law;

d) Responsibilities of the relevant agencies, organizations, individuals in enforcement of the decision on applying the diversion measure.

3. When necessary, the social worker may request the agency handling the current case to provide information or organize a meeting to formulate the diversion plan. The meeting, chaired by the social worker, must involve the representative of the juvenile suspect, and may include the juvenile suspect, victim or their legal representative.

 If the proposed diversion measure involves participation in educational programs, vocational training, treatment, or psychological counseling for the juvenile, the social worker must cooperate with educational institutions, vocational education institutions, medical establishments, or other relevant organizations or individuals to specify the content, educational programs, vocational training, treatment, or psychological counseling suitable for the juvenile.

4. At the request of the presiding authorities, social workers shall formulate supplementary diversion plan during the investigation, prosecution, and adjudication.

Article 59. Decision for convening a meeting to review and decide on the application of the community-based diversion measure

1. Within 3 days from the date receiving the diversion plan or from the date of issuance of notification on applying the diversion procedure if falling under the cases specified in point b of clause 4 of Article 55 of this Law, the Head, Deputy Head of the investigation authority, Director, Deputy Director of the Procuracy, or Judge shall make a decision on convening a meeting to review and decide on the application of the community-based diversion measure.

2. Decision on convening a meeting must include:

a) Date of issuance, name of the issuing agency;

b) Date, place of the offline/online meeting;

c) Full name, date of birth, gender, personal identification number, place of residence of the juvenile suspect;

d) Full name, place of residence of the representative of the juvenile suspect;

dd) Full name of the heads, deputy heads of the investigation authority, heads and vice heads of The Procuracy, or Judge presiding over the meeting; Meeting clerk;

e) Full name of procurators participating in the meeting convened by the Investigation authority, Court;

g) Full name, place of work (if any) of the defense counsel;

h) Full name, place of work (if any) of the social worker;

i) Full name of the interpretation (if any);

k) Full name of other people required to participate in the meeting (if any).

3. Participants in the meeting include:

a) Meeting conductors: Head or Deputy Head of the investigation authority; Head and Deputy Head of The Procuracy; Judge; Meeting clerk;

b) Meeting attendees: Prosecutors participating in the meeting convened by the Investigation authority, Court; Investigators participating in the meeting convened by the Procuracy;

c) Others: the juvenile suspect, their legal representative, defense counsel; social worker; victim (if any);

d) When necessary, the Investigation authority, Procuracy, Court may request experts such as appraisers, interpreters, translators, medical, psychological, educational, social work experts, representatives of educational institutions, vocational education institutions where the juvenile suspect studies, representatives of agencies and organizations where the juvenile suspect works, representatives of the Vietnam Fatherland Front Committee at the commune level, member organizations of the Front where the juvenile suspect resides, and other people to attend the meeting.

4. The decision on convening the meeting must be sent to the individuals specified in point c of clause 3 of this Article, the Procuracy of the corresponding level, the Investigation authority in cases where the Procuracy convenes the meeting immediately after the decision is issued. The meeting to review and decide on the application of the community-based diversion measure must be organized within 5 days from the date of issuing the decision to convene the meeting.

Article 60. Meeting to review and decide on the application of the community-based diversion measure

1. Before the meeting begins, the meeting clerk shall check the presence of those requested by the Investigation authority, Procuracy, or Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the meeting chairperson for a decision on whether to proceed or postpone the meeting.

2. The meeting procedure is conducted as follows:

a) The meeting chairperson shall open the meeting;

b) The social worker shall present the Diversion plan;

c) The juvenile suspect and their representative shall present their opinions;

d) The defense counsel shall present their opinions;

dd) Other participants shall present their opinions to clarify relevant issues;

e) The meeting chairperson shall ask questions to clarify relevant issues;

g) The prosecutor shall express their opinions;

h) The chairperson shall decide on whether to apply or not apply the diversion measure and announce the decision content immediately at the meeting.

If the juvenile is deemed eligible for application of educational measures at reformatory or if there are requests to address issues regarding compensation or asset seizure, the Investigation authority or Procuracy shall submit a written request, along with the case file, to the Court for review and decision on applying educational measures at reformatory.

If the juvenile is deemed eligible for application of educational measure at reformatory, the Judge shall review and decide on applying educational measure at reformatory.

3. Meetings to review and decide on the application of the community-based diversion measure must be juvenile-friendly, ensure lawful rights and obligations of juveniles. Questions for juveniles must be age-appropriate and gender-sensitive and consider their cognitive abilities and maturity level. Questions should be brief, simple, easy to understand, and not cover multiple issues at once.  The legal representative of the juvenile can assist them during the meeting.

4. The Investigation authority, Procuracy, Court may postpone the meeting in the following cases:

a) The interpreter is absent, and there is no immediate replacement available;

b) The juvenile suspect or their representative is absent for the first time with a valid reason.

5. The meeting must not be postponed for more than 05 days from the date of issuance of the postponement decision. The postponement decision must be promptly sent to those present at the meeting; sent to the Procuracy of the corresponding level and the absent individuals within 3 days from the date of issuance.

Article 61. Minute of meeting to review and decide on the application of the community-based diversion measure

1. The minutes of the meeting to review and decide on the application of the community-based diversion measure must clearly record the date and location of the meeting; participants in the meeting; the content and proceedings of the meeting; the decision of the meeting chairperson.

2. After the meeting, the chairperson must review the minutes, and together with the clerk, sign the minutes.

Article 62. Procedures of the court for reviewing and deciding on application of community-based Diversion measures at the request of the Investigation authority, the Procuracy

1. Immediately upon receiving the request, along with the case file from the Investigation authority, the Procuracy as stipulated in clause 5 of Article 55 and point h of clause 2 of Article 60 of this Law, the Chief Justice of the Court must assign a Judge to handle the case. Within 3 days from the assignment date, the Judge shall take the following actions:

a) If there is already a diversion plan in the case file, the Judge will make a decision to convene a meeting to review and decide on the application of the community-based diversion measure, except when additional documents are needed;

b) If there is no diversion plan in the case file, the Judge will request the social worker to formulate a diversion plan in accordance with Article 58 of this Law. Within 3 days from the date receiving the diversion plan, the Judge will make a decision on convening a meeting to review and decide on the application of the community-based diversion measure.

2. If the suspect is held in detention, the Chief Justice, Deputy Chief Justice will review and decide on whether to continue with the detention or replace it with other preventive measures in accordance with this Law and the Criminal Procedure Code.

Preventive measure will apply until the Court discloses a decision on the application of the diversion measure.

3. The decision on convening a meeting, meeting participants, meeting opening time, meeting postponement, meeting minutes, and request for additional documents will comply with the corresponding regulations in Clauses 2, 3 and 4 of Article 64, Article 65, Clauses 4 and 5 of Article 66 and Article 67 of this Law.

4. Before the meeting begins, the meeting clerk shall check the presence of those requested by the Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the Judge for a decision on whether to proceed or postpone the meeting. The meeting procedure is conducted as follows:

a) The Judge shall open the meeting;

b) The representative of the requesting agency shall present the request;

c) The social worker shall present the Diversion plan;

d) The juvenile suspect, their representative, defense counsel shall present their opinions;

dd) Other participants shall present their opinions to clarify relevant issues;

e) e) The judge shall question the representative of the requesting agency, the juvenile suspect, their representative and other people attending the meeting to clarify relevant issues;

g) The juvenile suspect, their legal representative, and their defense counsel shall debate about relevant issues. The debate is conducted under the Judge's guidance. Participants have the right to respond to each other's opinions. The Judge must not limit the debate time, allowing participants to present their arguments fully; the Judge may request others to refrain from presenting irrelevant or repetitive arguments;

h) The prosecutor shall express their opinion;

h) The Judge shall decide whether to apply or not apply the community-based diversion measure or decide on applying the educational measure at reformatory if the juvenile is deemed eligible for educational measure at reformatory; resolve the issue of damage compensation or asset seizure; and publish the content of the decision immediately at the meeting.

The decision on detention for the juvenile subject to the educational measure at reformatory shall comply with clause 6 of Article 66 of this Law.

5. Meetings to review and decide on the application of the community-based diversion measure must be conducted in a friendly manner as stipulated in clause 3 of Article 60 of this Law.

6. Within 5 days from the date of announcing the decision on applying/not applying the diversion measure, the Court shall take the following actions:

a) Deliver the decision to the juvenile suspect, their legal representative; send it to the Procuracy of the corresponding level, the victim, the requesting agency;

b) Send the decision on applying the community-based diversion measure and a copy of the social investigation report to the People's Committee at the commune where the juvenile resides;

c) Send the to the civil judgment-enforcing agency at the same level as the Court that issued the decision;

d) Send the decision on applying the educational measure at reformatory and a copy of the social investigation report to the criminal judgment enforcement agency of a district-level Police where the juvenile resides;

e) Return the case file to the Investigation authority, the Procuracy that made the request in cases of refusal for further case resolution in accordance with Criminal Procedure Code and this Law.

Section 3. Procedures for reviewing, deciding on applying educational measures at reformatory

Article 63. Procedures for reviewing, deciding on applying educational measures at reformatory

1. The Court shall review and decide to apply the educational measure at reformatory in the following cases:

a) Upon requested by the Investigation authority or the Procuracy as specified in point c of clause 4 of Article 55 and point h of clause 2 of Article 60 of this Law;

b) If the juvenile is deemed eligible for application of educational measure at reformatory by the Court in accordance with this Law.

2. Immediately upon receiving the request, along with the case file from the Investigation authority, the Procuracy as stipulated in point a of clause 1 of this Article 55, the Chief Justice of the Court must assign a Judge to handle the case.

3. If the suspect is held in detention, the Chief Justice, Deputy Chief Justice will review and decide on whether to continue with the detention or replace it with other preventive measures in accordance with this Law and the Criminal Procedure Code.

Preventive measure will apply until the Court public a decision on the application of the educational measure at reformatory.

Article 64. Decision on convening a meeting for reviewing, deciding on applying educational measures at reformatory

1. Within 7 days from the date of assignment in accordance with clause 2 of Article 63 of this Law, or during the adjudication preparation phase as specified in point b of clause 1 of Article 63 of this Law, the Judge must make a decision to convene a meeting to review and decide on the application of the educational measure at the reformatory, except as provided in Article 65 of this Law.

2. Decision on convening a meeting must include:

a) Date of issuance, name of the issuing Court;

b) Date, place of the offline/online meeting;

c) Full name, date of birth, gender, personal identification number, place of residence of the juvenile suspect;

d) Full name, place of residence of the representative of the juvenile suspect;

dd) Name of the requesting agency;

e) Full name of the Judge, meeting clerk;

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

h) Full name, place of work (if any) of the defense counsel;

i) Full name, place of work (if any) of the social worker;

k) Full name of the interpretation (if any);

l) Full name of other people required to participate in the meeting (if any).

3. Meeting participants include:

a) Meeting conductors: Judge; Meeting clerk;

b) Meeting attendees: representative of the requesting agency, Prosecutor participating in the meeting;

c) Others: the juvenile suspect, their legal representative, defense counsel; social worker; victim (if any);

d) When necessary, the Investigation authority, Procuracy, Court may request experts such as appraisers, interpreters, translators, medical, psychological, educational, social work experts, representatives of educational institutions, vocational education institutions where the juvenile suspect studies, representatives of agencies and organizations where the juvenile suspect works, representatives of the Vietnam Fatherland Front Committee at the commune level, member organizations of the Front where the juvenile suspect resides, and other people to attend the meeting.

4. The decision on convening the meeting must be sent to the individuals specified in point c of clause 3 of this Article, the requesting agency, and the Procuracy of the corresponding level immediately after the decision is issued. The meeting to review and decide on the application of the educational measure at reformatory must be organized within 5 days from the date of issuing the decision to convene the meeting.

Article 65. Request for additional documentation

1. The Judge shall request the Investigation authority, Procuracy to provide additional documentation in cases where the case file is unclear or contradictory and requires clarification.

2. The request must specify the documents needing supplementation and the reason for the request.

3. Within 5 days from the date of receiving the Court's request, the requested agency must send the supplemental documents to the Court. If the documents cannot be provided, a written response must be given, stating the reasons.

4. Within 5 days from the date of receiving the supplemental documents or from the expiration of the deadline as prescribed in clause 3 of this Article, if the requested agency fails to provide the documents, the Judge will issue a decision to convene a meeting to review and decide on the application of the educational measure at reformatory.

Article 66. Meeting for reviewing, deciding on applying educational measures at reformatory

1. Before the meeting begins, the meeting clerk shall check the presence of those requested by the Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the Judge for a decision on whether to proceed or postpone the meeting.

2. The meeting procedure is conducted as follows:

a) The Judge shall open the meeting;

b) The representative of the requesting agency shall present the request;

C) The juvenile suspect, their representative, defense counsel shall present their opinions;

d) The social worker participates in the meeting shall present the social investigation report;

dd) Other participants shall present their opinions to clarify relevant issues;

e) The judge shall question the representative of the requesting agency, the juvenile suspect, their representative and other people attending the meeting to clarify relevant issues;

g) The juvenile suspect, their legal representative, and their defense counsel shall debate about relevant issues with the representative of the requesting agency The debate is conducted under the Judge's guidance. Participants have the right to respond to each other's opinions. The Judge must not limit the debate time, allowing participants to present their arguments fully; the Judge may request others to refrain from presenting irrelevant or repetitive arguments;

h) The prosecutor shall express their opinion;

i) The Judge shall decide on whether to apply or not apply the educational measure at reformatory and announce the decision content immediately at the meeting.

3. Meetings to review and decide on the application of the educational measure at reformatory must be conducted in a friendly manner as stipulated in clause 3 of Article 60 of this Law.  

4. The Court may postpone the meeting in the following cases:

a) The representative of the requesting agency is absent;

b) The interpreter is absent, and there is no immediate replacement available;

c) The juvenile suspect or their representative is absent for the first time with a valid reason.

5. The meeting must not be postponed for more than 05 days from the date of issuance of the postponement decision. The postponement decision must be promptly sent to those present at the meeting; sent to the Procuracy of the corresponding level and the absent individuals within 3 days from the date of issuance.

6. The Judge shall decide to hold the juvenile in detention until the district-level criminal judgment enforcement agency of a district-level police hands them over to the reform school if:

a) The juvenile is currently detained but it is deemed necessary to continue with the detention to ensure the implementation of the educational measure at reformatory;

b) The juvenile is not held in detention, but there are grounds to believe they may flee or commit further offenses.

Article 67. Minute of meeting for reviewing, deciding on applying educational measures at reformatory

1. The minutes of the meeting to review and decide on the application of the educational measures at reformatory must clearly record the date and location of the meeting; participants in the meeting; the content and proceedings of the meeting; the decision of the Judge.

2. After the meeting, the Judge must review the minutes, and together with the Clerk, sign the minutes.

Article 68. Handling of cases where the Court does not apply the educational measure at reformatory

1. If the Court does not accept the request from the Investigation authority, Procuracy to apply the educational measure at reformatory, the Court shall return the case file to the Investigation authority, Procuracy to continue resolving the case as per the provisions of the Criminal Procedure Code and this Law.

2. If the Court convenes a meeting to review and decide on the application of the educational measure at reformatory but decides not to apply this measure to the juvenile suspect, the Court will proceed to resolve the case in accordance with the Criminal Procedure Code and this Law.

Section 4. COMPLAINT AND PETITION AGAINST DECISION ON APPLYING DIVERSION MEASURES

Article 69. Persons with rights to file complaints and petitions against decisions on applying diversion measures

1. When there are grounds to believe that the decision on applying diversion is against the law, the rights to file petitions shall be exercised as follows:

a) The Investigation authority participating in the meeting to review and decide on the application of diversion measures has the right to file a petition against decision on applying/not applying diversion measures of the Procuracy, Court;

b) The Procuracy at the same level has the right to file a petition against decision on applying/not applying diversion measures of the Court, except as prescribed in clause 6 of Article 151 of this Law.

2. Suspects who are juveniles, victims, their legal representatives have the right to complain about the decision on applying/not applying diversion measures if there are grounds that the decision is against the law, infringing on their lawful rights and interests.

Article 70. Time limit for complaints and petitions

The time limit for filing a complaint and petition is 5 days from the date of publication or receipt of the decision on applying/not applying diversion measures.

In cases of force majeure or objective obstacles preventing the exercise of the right to file a complaint within the specified time limit, the time period due to such force majeure or objective obstacles shall not be included in the complaint deadline.

Article 71. Authority and time limit for resolving complaints and petitions

1. Complaints against decisions on applying/not applying diversion measures made by the Deputy Head of the Investigation authority are reviewed and resolved by the Head of Investigation authority within 3 days from the date of receiving the complaints.

Complaints against decisions on applying/not applying diversion measures made by the Deputy Head of the Investigation authority are reviewed and resolved by the Chief Procurator of the Procuracy within 3 days from the date of receiving the complaints.

2. Complaints, petitions against decisions on applying/not applying diversion measures made by the Deputy Chief Procurator of the Procuracy are reviewed and resolved by the Chief Procurator of the Procuracy within 3 days from the date of receiving the complaints, petitions.

Complaints, petitions against decisions on applying/not applying diversion measures made by the Chief Procurator of the Procuracy are reviewed and resolved by the Head of the immediate superior Procuracy within 05 days from the date of receiving the complaints, petitions.

Complaints, petitions against decisions on applying/not applying diversion measures made by the Deputy Head of the provincial Procuracy are reviewed and resolved by the Head of the Supreme People’s Procuracy within 10 days from the date of receiving the complaints, petitions.  

3. Complaints, petitions against decisions on applying/not applying diversion measures made by the Judge are reviewed and resolved by the Procurator General of the Supreme People’s Procuracy within 03 days from the date of receiving the complaints, petitions.  

Complaints, petitions against decisions on applying/not applying diversion measures made by the Judge who is currently the Chief Justice are reviewed and resolved by the Chief Justice of the immediate superior Court within 07 days from the date of receiving the complaints, petitions.  

Article 72. Resolving complaints and petitions

1. Within the time limit prescribed in Article 71 of this Law, the person with authority to resolve complaints and petitions must make one of the following decisions:

a) Accepting the complaint or petition and cancelling the decision on applying diversion measures to continue resolving the case in accordance with the Criminal Procedure Code and this Law;

b) Accepting the complaint or petition and cancelling the decision on not applying/applying diversion measures and requesting the competent authority or person to reopen the meeting to review and decide the application of diversion measures.

Within 5 days from the date of receiving the decision to resolve the complaint or petition, the competent authority, person must reopen the meeting to review and decide the application of diversion measures;

c) Rejecting the complaint, petition and keeping the applicable decision on applying/not applying diversion measures.

2. Within 3 days from the date of issuance of the decision, the person with authority to resolve complaints and petitions must send the decision to resolve the complaint or petition to the person who filed it, the Procuracy of the same level, the juvenile and their legal representative, and the criminal judgment enforcement agency of a district-level police where the juvenile is residing in cases specified in points a and b of clause 1 of this Article.

3. The decision to resolve the complaint or petition is legally effective and final.

4. If the case file and the conclusion of the investigation for charges have been transferred to the Procuracy, the person with authority to resolve complaints as stipulated in clause 1 of Article 71 of this Law shall make a decision to suspend the settlement of the complaint.

If the case file and the charge have been transferred to the Procuracy, the person with authority to resolve complaints and petitions as stipulated in clause 2 of Article 71 of this Law shall make a decision to suspend the settlement of the complaint, petition.

Chapter V

ENFORCEMENT OF DECISION ON APPLYING DIVERSON MEASURES

Section 1. ENFORCEMENT OF DECISION ON APPLYING COMMUNITY-BASED DIVERSON MEASURES

Article 73. Responsibilities of agencies, organizations, individuals in enforcement of the decision on applying the diversion measure

1. The People's Committee of the commune where the person serving diversion measure resides has the following tasks and powers:

a) Organize the enforcement of decisions to apply diversion measures;

b) Determine the list of supervisors for the enforcement of decisions to apply diversion measures locally; appoint individuals directly supervising the enforcement of decisions to apply diversion measures;

c) Direct the organization of vocational training programs, employment, counseling programs, life skills development, medical and social services, community activities in the area to enable the participation of the person serving diversion measure;

d) Provide support to persons serving diversion measure to ensure that they receive all of the priority rights and preferential policies of the State for juveniles as regulated;

dd) Cooperate with political-social organizations, families, and agencies, organization where persons serving diversion measure study or work to monitor and educate them;

e) Direct the preparation of budget estimates for implementing diversion measures and submit them to competent authorities for decision;

g) Report to the presiding authorities that have issued the decision on applying diversion measures on the results of application of diversion measures;

h) Organize training for supervisors enforcing the decision on applying diversion measures or assign them to participate in training programs;

i) Other tasks and powers in accordance with law.

2. The Commune-level police offices shall act as a focal point to assist the Commune-level People's Committee in carrying out the tasks and powers outlined in this clause and the following tasks and powers:

a) Prepare and manage records on the enforcement of decisions on applying diversion measures;

b) Propose to the Chairman of the commune-level People’s Committee the list of supervisors for enforcing decisions on applying diversion measures in the local area based on the following priority order: social workers; commune-level social work collaborators; representatives of the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, or reputable persons in the community, good ethics, conditions, capabilities, and experience in educating and assisting juveniles;

c) Propose to the Chairperson of the People's commune-level People's Committee the assignment of individuals directly supervising the enforcement of decisions on applying diversion measures;

d) Cooperate with the individuals directly supervising the enforcement of decisions on applying diversion measures, families, agencies, organizations, and individuals in managing, educating, and assisting persons serving community-based diversion measure;

dd) Provide guidance and assistance to persons serving community-based diversion measures in  carrying out procedures for, permanent/temporary residence registration, stay registration, temporary absence declaration, issuance, replacement of ID cards; monitor their presence at their residence, changes in residence of persons serving community-based diversion measure;

e) Receive persons serving  community-based diversion measure transferred from elsewhere to stay or reside temporarily during their absence from their residence, changes in residence, and assess and evaluate their legal compliance during their stay;

g) Periodically or upon request, compile data, assess the situation, and report the progress and results of enforcing decisions on applying diversion measures within their jurisdiction to the Chairman of the commune-level People’s Committee and the competent authority;

h) Other tasks and powers in accordance with law.

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

a) Cooperate with the competent authorities, families in enforcing decisions on applying diversion measures;

b) Implement applied diversion measures or provide necessary services to support persons serving community-based diversion measure;

c) Assist and enable persons serving community-based diversion measures in fulfilling their obligations;

d) Assess the compliance and effectiveness of the diversion measures applied to persons serving diversion measures and propose solutions (if any) to the individuals directly supervising the enforcement of decisions on applying diversion measures.

4. The enforcement of decisions on applying diversion measures of damage compensation of the Investigation authority, Procuracy is regulated as follows:

a) Commune-level civil judgment-enforcing agencies shall enforce decision of the Investigation authority, the Procuracy at the same level;

b) The provincial-level civil judgment-enforcing agencies shall enforce decisions from the Investigation authority, the Procuracy at the same level or from the Investigation Authorities of the Ministry of Public Security, Ministry of National Defense, or the Supreme People's Procuracy;

c) The procedures for enforcement of decisions as stipulated in this clause are carried out in accordance with laws on enforcement of civil judgments.

5. The agency that issued decisions on applying diversion measures is responsible for monitoring the enforcement of those decisions.

6. The Government shall elaborate clauses 1, 2, 3, and 4 of this Article.

Article 74. Calculation of the implementation duration of decisions on applying diversion measures

1. The implementation duration of decisions on applying diversion measures specified in clauses 1, 2, 3, 4, 5, 6, 7, 8, and 11 of Article 36 of this Law shall start from the date the person serving community-based diversion measure is present at the commune-level People's Committee headquarters to receive notification regarding the implementation of the decision on applying measures.

2. The implementation duration of decisions on applying diversion measures specified in clauses 9, 10 of Article 36 of this Law shall start from the date the educational institutions, vocational education, medical establishments or organizations eligible to provide psychological treatment or counseling.

Article 75. Selection and replacement of persons directly supervising enforcement of decision on applying diversion measures

1. Immediately upon receiving the decision on applying diversion measures, the Chairman of the commune-level People’s Committee shall transfer this decision to the Commune-level Police to carry out the assigned tasks within their jurisdiction.

2. Within 3 working days from the date of receiving the decision on applying diversion measures, the Commune-level Police shall, based on the conditions and circumstances of the person serving community-based diversion measure, the capacities, and workloads of individuals on the list specified in point b of clause 1 of Article 73 of this Law, propose candidates for direct supervision of the enforcement of the decision on applying diversion measures in the following priority order:

a)  Social workers;

b) Commune-level social work collaborators;

c) Representatives of the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, or reputable persons in the community, good ethics, conditions, capabilities, and experience in educating and assisting juveniles.

3. Upon receiving the proposal from the Commune-level Police, the Chairman of the commune-level People’s Committee shall appoint person directly supervising the enforcement of the decision on applying diversion measures. One supervisor may be appointed to directly supervise multiple individuals but not more than 03 persons at the same time.

This decision must be promptly sent to the Commune-level Police, the person directly supervising the enforcement of the decision on applying diversion measures, the person serving community-based diversion measure, and their legal representatives.

4. During the supervision, if the supervisor is unable to continue performing their duties or does not complete the assigned tasks, the Commune-level Police must promptly propose a replacement, report to the Chairman of the commune-level People’s Committee for consideration and decision.

5. The Government shall elaborate this Article.

Article 76. Notification of the enforcement of the decision on applying diversion measures  

1. Within 2 working days from the date of appointing the person directly supervising the enforcement of the decision on applying diversion measures, the Chairman of the commune-level People’s Committee shall summon the person serving community-based diversion measure; invite their representative, the supervisor, the Commune-level Police, and representatives of relevant agencies, organizations, and individuals to notify them about the enforcement of the decision on applying diversion measures.

2. The notification includes:

a) Rights and obligations of persons serving community-based diversion measure;

b) Person directly supervising enforcement of decision on applying diversion measures and their responsibilities;

c) Responsibilities of the relevant agencies, organizations, individuals and families in enforcement of the decision on applying the diversion measure.

3. The notification of the enforcement of decision on applying diversion measures must be documented and kept in the records.

Article 77. Commitment of persons serving community-based diversion measure

1. The person serving community-based diversion measure must make a commitment regarding fulfillment of obligations specified in clause 2 of Article 23 of this Law and send it to the person directly supervising enforcement of decision on applying diversion measures.

2. The commitment of the person serving community-based diversion measure must include the opinions of their father, mother, or guardian.

Article 78. Responsibilities of families in enforcement of the decision on applying the diversion measure

1. Encourage and motivate persons serving community-based diversion measures to comply with the law and fulfill their obligations.

2. Implement specific measures to manage, educate, and assist the persons serving community-based diversion measures in their daily activities, education, and work; encourage and enable their participation in cultural, vocational, community activities, counseling programs, and life skills development (if any) at their place of residence.

3. Cooperate with the commune-level People's Committee, the person directly supervising enforcement of decision on applying diversion measures, local organizations, and associations in managing, educating, and assisting the persons serving community-based diversion measures.

4. Report the results of enforcement of decision on applying diversion measures to the person directly supervising the enforcement thereof and the commune-level People's Committee when requested.

5. Cooperate with educational institutions, vocational education institution, and organizations where the person serving community-based diversion measure is studying or working to manage, encourage, and assist them.

6. Parents or guardian of the person serving community-based diversion measure are responsible for compensating for damages as stipulated by law.

7. Be present when the competent person drafts a report on breach of obligations of the person serving community-based diversion measure as per the regulations in clause 1 of Article 82 of this Law.

Article 79. Responsibilities and power of the person directly supervising enforcement of decision on applying diversion measures

1. The person directly supervising enforcement of decision on applying diversion measures shall have the following responsibilities:

a) Formulate and organize plan for enforcement of decisions on applying diversion measures;

b) Request the person serving community-based diversion measure to write a commitment as stipulated in Article 77 of this Law.;

c) Provide guidance to persons serving community-based diversion measure on their rights and obligations;

d) Cooperate with relevant agencies and organizations in enabling the participation of the persons serving community-based diversion measure in appropriate and life-stabilizing cultural, vocational activities;

dd) Contact and introduce persons serving community-based diversion measure to participate in available life skills classes and cultural, social and sports activities in their local area;

e) Cooperate with agencies, organization, families in supervising enforcement of decisions on applying diversion measures;

g) Cooperate with the Commune-level Police and relevant individuals in advising the Chairman of the commune-level People’s Committee on enforcement of decisions on applying diversion measures;

h) Monitor, supervise, and urge the enforcement of decisions on applying diversion measures;

i) Assess the situation and results of enforcement of decisions on diversion measures monthly;

k) Timely report to the Chairman of the commune-level People’s Committee on any behaviors, violations against the law of the person serving community-based diversion measures to have appropriate prevention, management, and educational measures;

l) Report to the Chairman of the commune-level People's Committee on any breaches of obligations by the person serving community-based diversion measures and cooperate with the Communal Police to record the violations.

m) Report to the Chairman of the commune-level People's Committee for review and preparation of an application for an extension of the obligation fulfillment period, a change in the diversion measures, or an early termination of the application of diversion measures; if the diversion measures are deemed inappropriate or implementation is challenging, propose solutions or adjust plans, and report to the Chairman of the commune-level People's Committee for a decision;

n) Report the results of enforcement of decisions on applying diversion measures to the Chairman of the commune-level People's Committee;

o) Other responsibilities in accordance with law.

2. The person directly supervising enforcement of decision on applying diversion measures shall have the right to participate in training programs to improve their skills, knowledge, and experience in educating and assisting juveniles

3. The Government shall elaborate this Article.

Article  80. Formulation of plan for enforcement of decisions on applying diversion measures

1. Within 5 working days from the date of receiving the assignment decision, the person directly supervising enforcement of the decision on applying diversion measures must draft a plan for enforcement of the decision  on applying diversion measures for approval from the Chairman of the commune-level People's Committee.

2. The plan for enforcement of the decision on applying diversion measures must include:

a) The applied diversion measures;

b) Support services that need to be implemented to address risk factors, causes and conditions for violations against the law of the person serving community-based diversion measures;

c) Agencies, organizations, individuals responsible for enforcement of the decision on applying the diversion measure; necessary support service providers; agencies, organizations and individuals responsible for cooperation;

d) The start and end dates for enforcing the decision applying diversion measure, support services;

dd) Other activities to enforce the decision on applying diversion measures.

3. Within 5 working days from the date of receiving the draft plan for enforcement of the decision on applying diversion measures, the Chairman of the commune-level People's Committee must approve the plan.

The plan must be sent to the person serving community-based diversion measure, their representative, relevant agencies, organizations, individuals, and the Commune-level Police for inclusion in the records of enforcement of the decision on applying measures.

4. The Government shall elaborate this Article.

Article 81. Resolving cases where the person serving community-based diversion measure commit is absent from or change place of residence

1. The person serving community-based diversion measure may be absent from their place of residence with a valid reason, must submit a leave request, and obtain the consent of the Chairman of the commune-level People's Committee; and must make a temporary absence declaration as per laws on residence. In cases of refusal, a written response must be given, stating the reasons.

The duration of absence from the place of residence each time must not exceed 10 days, and the total duration of absence must not exceed one-third of the term of duty, except in cases of illness requiring treatment at a medical establishment as prescribed by a doctor and must have confirmation of treatment from that medical establishment.

2. If the person serving community-based diversion measure must change his/her place of residence for legitimate reasons, he/she must submit an application and obtain the consent of the Chairman of the commune-level People's Committee assigned to enforce the decision on applying diversion measures.

Within 05 working days from the date of receipt of the application of the person serving commune-level diversion measure, the commune-level People's Committee shall cooperate with relevant units and the commune-level People's Committee where the person is transferred to shall inspect, verify and decide on the change of residence of that person. In case of approving the change of residence, the commune-level People's Committee assigned to enforce the decision on applying diversion measure must issue a written notice to the applicant and a document transferring the dossier on enforcement of the decision on applying diversion measure to the commune-level People's Committee where the applicant is transferred to continue to organize the enforcement in accordance with this Law; in case of refusal, a written notice must be given stating the reasons.

The person serving community-based diversion measure after transfer to a new place of residence must immediately report to the police at the commune where they are transferred to.

3. The document transferring the dossier on execution of the decision applying diversion measure prescribed in Clause 2 of this Article must also be sent to the agency that issued the decision applying diversion measure.

Article 82. Article 82. Handling of cases where person serving diversion measure breaches obligations

1. If the person serving community-based diversion measure breaches the obligations specified in Clause 2 of Article 23 of this Law, the person directly supervising enforcement of the decision on applying diversion measures must cooperate with the commune-level police in preparing a report on the breach of obligations.

The preparation of report must involve the participation of the person serving community-based diversion measure and their representative. The report must be promptly sent to the Chairman of the commune-level People's Committee to request an extension of the deadline for fulfilling the obligation or a change in the diversion measure.

2. The person serving community-based diversion measure who intentionally breaches the obligation once during the obligation fulfillment period may have the deadline extended for fulfilling the obligation, except for cases of damage compensation specified in Clause 3 of Article 42 of this Law.

3. The person serving who intentionally breaches obligations once during the extended obligation fulfillment period or intentionally breaches obligations multiple times during the obligation fulfillment period may change their community-based diversion measure to an educational measure at reformatory.

4. The Government shall elaborate this Article.

Article 83. Extension of time limits for fulfilling obligations

The time limit for performing obligations may be extended once. To be specific:

1. The extension period for individuals under 18 years of age at the time of the violation shall not exceed half of the original obligation fulfillment period applied.

2. The extension period for individuals from 18 years of age at the time of the violation shall be equal to the original obligation fulfillment period applied.

Article 84. Procedures for extension of time limits for performing obligations

1. Within 3 working days from the date of receiving the violation report, the Chairman of the commune-level People's Committee must prepare an application for extension of time limits for performing obligations and send it to the authority that issued the decision on applying diversion measure.

2. The application for extension of time limits for performing obligations includes:

a) Application from the Chairman of the commune-level People's Committees;

b) Report from the person directly supervising enforcement of decision on applying diversion measures;

c) Report on breach of obligations;

d) Other relevant documents.

3. Within 03 working days from the date of receiving the application from the Chairman of the commune-level People's Committee, the authority that issued the decision on applying diversion measure must review, decide on the extension of time limits for performing obligations. For complex cases, this deadline may be extended, but not exceeding 5 working days.  In case of refusal, a written response must be given, stating the reasons.

4. The extension decision shall come into force from the date on which it is signed. This decision is not subject to complaint or petition and must be promptly sent to the person serving community-based diversion measure, their representative, and the Chairman of the commune-level People's Committee who made the application.

Article 85. Change in diversion measures

1. Cases of changing the diversion measure include:

a) The person serving community-based diversion measure may have their current measure changed to a different community-based diversion measure if the current measure is considered not suitable due to the objective reasons.

b) Persons serving community-based diversion measure who fall under cases specified in clause 3 of Article 82 of this Law.

2. The change of the diversion measure specified in point a of Clause 1 of this Article shall only be carried out once.

Article 86. Procedures for changing the current community-based diversion measure to another community-based diversion measure

1. Immediately after there are grounds specified in point a of Clause 1, Article 85 of this Law, the person directly supervising the enforcement of the decision on applying diversion measure must report to the Chairman of the commune-level People's Committee. Within 3 working days from the date of receiving the report, the Chairman of the commune-level People's Committee shall prepare an application on changing the current community-based diversion measure to a different current community-based diversion measure and send it to the authority issuing the decision on applying diversion measure.

2. The application for changing the diversion measure includes:

a) Application from the Chairman of the commune-level People's Committees;

b) Report from the person directly supervising enforcement of decision on applying diversion measures;

c) Other relevant documents.

3. Within 3 days from the date of receiving the application, the Head, Deputy Head of the investigation authority, Director, Deputy Director of the Procuracy or Judge that issued the decision on applying diversion measure must review and change the diversion measure. In case of refusal, a written response must be given, stating the reasons.

4. Upon deciding to change the redirection measure, the authority issuing the decision on applying diversion measure must review and decide on the appropriate time limit for implementing the diversion measure and the time limit for performing obligations.

5. The decision on changing the diversion measure shall come into force from the date on which it is signed and replace the previously issued decision on applying diversion measure. This decision is not subject to complaint or petition and must be promptly sent to the person serving community-based diversion measure, their representative, and the Chairman of the commune-level People's Committee who made the application.

Article 87. Procedures for changing the current community-based diversion measure to educational measure at reformatory

1. Within 3 working days from the date of receiving the violation report, the Chairman of the commune-level People's Committee shall prepare an application for reviewing and changing the current community-based diversion measure to educational measure at reformatory and send it to the district-level People's Court where the person serving the community-based diversion measure resides.

2. The application for changing the diversion measure includes:

a) Application from the Chairman of the commune-level People's Committees;

b) Report from the person directly supervising enforcement of decision on applying diversion measures;

c) Report on breach of obligations;

d) Copy of the dossier on enforcement of the decision on applying diversion measure;

dd) Other relevant documents.

3. Immediately upon receiving the application, the Chief Justice of the Court must assign a Judge to handle the case. Within 3 working days from the assignment date, the Judge shall take the following actions:

a) If the application is adequate, issue a decision to convene a meeting;

b) If the request file is unclear or inadequate, request the application to provide additional documents. The applicant must submit the requested additional documents within 03 working days from the date of receiving the request.  If the documents cannot be provided, a written response must be given, stating the reasons.

Within 5 working days from the date of receiving the additional documents or from the expiration of the deadline as prescribed in this clause, if the applicant fails to provide the documents, the Judge will issue a decision to convene a meeting to review and change the current community-based diversion measure to educational measure at reformatory.

4. Decision on convening a meeting must include: date of decision, full name of the Court issuing the decision; full name, position, and agency of the applicant; full name of the Judge, Clerk of the meeting, date, location of the meeting (in-person or online); full name, date of birth, gender, personal identification number, place of residence of the person serving community-based diversion measure; name of the authority issuing the decision on applying diversion measure; the name of the applied diversion measure.

This decision must be sent to the individuals specified in point c of clause 5 of this Article, the applicant, and the Procuracy of the corresponding level immediately after the decision is issued.

5. Meeting participants include:

a) Meeting conductors: Judge; Clerk;

b) Meeting attendees: applicant or their representative, Prosecutor participating in the meeting;

c) Other participants: the person serving community-based diversion measure; their representative; the person protecting their legal rights and interests (if any); the person directly supervising the enforcement of the diversion measure;

d) When necessary, the Court may request interpreters, translators, medical, psychological, educational, social work experts, representatives of educational institutions, vocational education institutions, representatives of agencies and organizations, representatives of the Vietnam Fatherland Front Committee at the commune level, member organizations of the Front where the person serving community-based diversion measure studies, works and resides, and other people to attend the meeting.

6. The meeting to review and change the current community-based diversion measure to educational measure at reformatory must be organized within 5 working days from the date of issuing the decision to convene the meeting.

7. The meeting procedure is conducted as follows:

a) Before the meeting begins, the clerk shall check the presence of those requested by the Court to participate in the meeting; if someone is absent, the reason must be clarified and reported to the Judge for a decision on whether to proceed or postpone the meeting.

b) The Judge shall open the meeting;

c) The applicant or the authorized person shall present the request to change the current community-based diversion measure to educational measure at reformatory;  

d) Other participants shall present their opinions to clarify relevant issues;

dd) The judge shall question the applicant or the authorized and other people attending the meeting to clarify relevant issues;

e) The prosecutor shall express their opinion;

g) The Judge shall accept or refuse the application for changing the current community-based diversion measure to educational measure at reformatory and announce the decision content immediately at the meeting.

8. All proceedings at the meeting are recorded in minutes and kept on file. The meeting minute must be signed by the Judge and the Clerk.

9. The court shall consider postponing the meeting when the applicant or authorized person is absent. The meeting must not be postponed for more than 05 working days from the date of issuance of the postponement decision. The postponement decision must be promptly sent to those present at the meeting; sent to the Procuracy of the corresponding level and the absent individuals within 03 working days from the date of issuance.

10. Decision on changing the current community-based diversion measure to educational measure at reformatory must include:

a) Number, date of issuance of the decision;

b) Name of the Court that issues the decision;

c) Full name of the Judge that issue the decision;

d) Full name, date of birth, gender, personal identification number, place of residence, occupation, educational level of the juvenile;

dd) Reasons, grounds for issuing the decision;

e) Decision on changing/not changing the current community-based diversion measure to educational measure at reformatory. In case of changing, the decision must include content regarding the suspension of the implementation of the previously issued decision on applying community-based measures;

g)  Responsibilities of agencies, organizations, individuals enforcing the decision;

h) Effect of the decision

i) Recipient of the decision.

11. Decision on changing the current community-based diversion measure to educational measure at reformatory shall come into force from the date which it is announced.

12. In cases of approving changing the current community-based diversion measure to educational measure at reformatory, within 07 days from the date of announcement, the Court must deliver the decision to the person serving community-based diversion measure, their representative, and send it to the applicant, the People's Procuracy at the same level, the agency issuing the previous decision on applying community-based diversion measure; send it to the criminal judgment enforcement agency of a district-level police where the person serving community-based diversion measure resides.

13. In case of refusal, the person serving the community-based diversion measure shall continue to serve the current diversion measure.

Article 88. Filing complaints, petitions and resolving complaints, petitions against decisions on changing/not changing the current community-based diversion measure to educational measure at reformatory

1. Within 05 working days from the date of receipt of the decision on changing/not changing the current community-based diversion measure to educational measure at reformatory, the person serving community-based diversion measure or their representative has the right to file complaint, and the People's Procuracy at the same level has the right to file petition against this decision.

2. Complaints, petitions against decision on changing/not changing the current community-based diversion measure to educational measure at reformatory made by the Judge are reviewed and resolved by the Chief Justice of the Court within 03 working days from the date of receiving the complaints, petitions.  

Complaints, petitions against decision on changing/not changing the current community-based diversion measure to educational measure at reformatory made by the Judge who is currently the Chief Justice are reviewed and resolved by the Chief Justice of the immediate superior Court within 07 days from the date of receiving the complaints, petitions.  

3. Within the time limit specified in point 2 of this Article, the competent Chief Justice of the Court must make one of the following decisions:

a) Accept the complaint or petition and cancel the decision on changing the current community-based diversion measure to educational measure at reformatory to continue implementation of the current community-based diversion measure.

b) Accept the complaint or petition and cancel the decision on not changing the current community-based diversion measure to educational measure at reformatory and issue a decision on changing the current community-based diversion measure to educational measure at reformatory;

c) Reject the complaints, petitions and keep the applicable decision on changing/not changing the current community-based diversion measure to educational measure at reformatory.

4. Within 3 working days from the date of issuance of the decision, the person with authority to resolve complaints and petitions must send the decision to resolve the complaint or petition to the person who filed it; application for changing the diversion measure; criminal judgment enforcement agency of a district-level police where the juvenile is residing for cases specified in points a and b of this clause 3 of this Article.

5. The decision to resolve the complaint or petition is legally effective and final.

Article 89. Early termination of serving diversion measures

1. The person serving community-based diversion measure specified in clauses 4, 5 and 6 of Article 36 of this Law, who has served half of the term of serving the measure and made considerable progress, may be eligible early termination of serving this diversion measures.

2. The Government shall elaborate this Article.

Article 90. Procedures for early termination of serving diversion measures

1. If the person serving community-based diversion measure falls under cases specified in Article 89 of this Law, the person directly supervising the enforcement of the decision on applying diversion measure shall report to the Chairman of the commune-level People's Committee to prepare an application for early termination of serving diversion measure and send it to the agency issuing the decision on applying diversion measures.

2. The application for early termination of serving diversion measures includes:

a) Application from persons serving community-based diversion measure;

b) Application from the Chairman of the commune-level People's Committees;

c) Report from the person directly supervising enforcement of decision on applying diversion measures;

d) Other relevant documents.

3. Within 03 working days from the date of receiving the application for early termination of serving diversion measure, the agency that issued the decision on applying diversion measure must review and decide on early termination of serving diversion measure. In case of refusal, a written response must be given, stating the reasons.

4. Decisions on early termination of serving diversion measures shall come into force from the date on which it is signed and not be subject to complaint or petition.

5. The decision on early termination of serving diversion measure must be promptly sent to the person serving community-based diversion measure, their representative, and the Chairman of the commune-level People's Committee who made the application.

Article 91. Certification of completion of serving community-based diversion measure

1. 1. Within 05 working days before the end of the enforcement period of the decision on applying diversion measure or immediately after receiving the decision on early termination of serving diversion measure, the person directly supervising the enforcement of the decision on applying diversion measure shall prepare a summary report on the results of the completion of the diversion measure and send it to the Chairman of the commune-level People's Committee.

2. On the last day of the implementation period of the diversion measure, the Chairman of the commune-level People's Committee shall issue a certificate of completion of the community-based diversion measure to the person serving community-based diversion measure.

3. The certificate of completion of the community-based diversion measure shall be sent to the representative of the person serving community-based diversion measure and the agency that issued the decision on applying diversion measure.

The agency that issued the decision on applying diversion measure shall keep the certificate of completion of the community-based diversion measure in the case file in accordance with the law on archives.

4. The Government shall elaborate this Article.

Article 92. Suspension of enforcement of decision on applying diversion measures

1. Cases of suspension of enforcement of decision on applying diversion measures include:

a) The person serving community-based diversion measure who is prosecuted for another offense and is put in detention or subject to community sentence, or imprisonment;

b) Persons serving community-based diversion measure who have passed away;

c) Persons serving community-based diversion measure who suffer from a mental illness or other illness that causes loss of cognitive ability or ability to control behavior;

d) Persons serving community-based diversion measure who have their community-based diversion measure changed to educational measure at reformatory.

2. The suspension of enforcement of decision on applying diversion measures does not terminate the obligation to compensate for damages (if any).

3. If the person serving community-based diversion measure falls under cases specified in points a, b and c of clause 1 of this Article, the person directly supervising the enforcement of the decision on applying diversion measure shall report to the Chairman of the commune-level People's Committee to notify the agency issuing the decision on applying diversion measures.

4. Immediately after receiving the notification, the agency that issued the decision on applying diversion measure shall issue a decision to suspend the enforcement of the decision on applying diversion measure.

5. The decision on suspension of enforcement of decision on applying diversion measures must be promptly sent to the person serving community-based diversion measure specified in point a of clause 1 of this Article, his/her representative and the commune-level People's Committees where he/she resides.

Section 2. ENFORCEMENT OF DECISION ON APPLYING EDUCATIONAL MEASURES AT REFORMATORY

Article 93. Requirements of facilities for reform schools

1. Reform schools must ensure that there are areas for housing, infirmary, cultural education, vocational training, recreation, communal activities, physical training, sports, libraries, and other necessary facilities that are arranged and designed to suit juveniles.

2. Accommodation must be cool in the summer, windproof in the winter, and environmentally hygienic. The minimum sleeping area for each reformatory inmate is 2.5 m2.

3. The Government shall elaborate this Article.

Section 94. Procedures for enforcement of decision on applying educational measures at reformatory

1. Within 03 working days from the date of receipt of the decision applying educational measures at reformatory, the criminal judgment enforcement agency of the district-level police where the juvenile resides must report to the criminal judgment enforcement management agency of the Ministry of Public Security to issue a decision to send the juvenile to a reform school.

2. Within 03 working days from the date of report from the criminal judgment enforcement agency of the district-level police, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue and send a decision to send the juvenile to a reform school to the criminal judgment enforcement agency of the district-level police.

3. Within 05 working days from the date of receipt of the decision of the criminal judgment enforcement management agency of the Ministry of Public Security, the criminal judgment enforcement agency of the district-level police shall prepare a dossier and deliver the juvenile to the reform school. The dossier includes:

a) A copy of the decision on applying educational measures at reformatory;

b) Decision to send the juvenile to a reform school;

c) The juvenile's resume certified by the commune-level People's Committee;

d) Personal identification statement;

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

e) Other relevant documents (if any).

4. Upon receiving the juvenile, the Principal of the reform school must check the dossier and make an admission record and organize a health check for him/her.  Within 05 working days from the date of receiving the juvenile, the Principal of the reform school must notify the juvenile's representative of the admission.

5. Upon receiving the juvenile, the Principal of the reform school must prepare the dossier of the juvenile. The dossier includes:

a) Documents specified in clause 3 of this Article;

b) Admission record of the juvenile;

c) Documents reflecting the results of implementation of educational measures at reformatory;

d) Other relevant documents during the juvenile's implementation of educational measures at reformatory.

Article 95. Postponement and suspension of serving educational measures at reformatory

1. The person serving educational measure at reformatory may postpone serving educational measures at reformatory in one of the following cases:

He/she is seriously ill, receiving intensive medical care or physically unable to move as certified by a hospital;

b) He/she has another plausible reason as certified by the head of the criminal judgment enforcement agency of the district-level police office.

2. For cases of postponement of serving educational measures at reformatory, the criminal judgment enforcement agency of a district-level police where the person serving educational measure at reformatory resides must prepare and submit an application to the Court that issued the decision on applying educational measures at reformatory for review and decision. The application includes:

a) An application from the person serving educational measure at reformatory or their representative;

b) The hospital's conclusion on the medical condition of the person serving educational measure at reformatory for the case specified in Point a of Clause 1 of this Article or the confirmation of the Head of the criminal judgment enforcement agency of the district-level police for the case specified in Point b of Clause 1 of this Article;

A guarantee of the representative of the person subject to educational measure at reformatory.

3. If a reformatory inmate is seriously ill, the Principal of the reform school shall prepare a dossier and send an application to the district-level People's Court where the reform school is located to review and decide on suspension.

The application for suspension of serving the measure shall comply with clause 2 of this Article.

4. Within 05 working days from the date of receipt of the application for postponement or suspension of serving educational measures at reformatory, the competent Chief Justice of the Court shall review and decide.

5. Within 03 working days from the date of issuing the decision on postponement or suspension of serving educational measures at reformatory, the Court that issued the decision must send that decision to the following agencies, organizations and individuals:

a) The person whose educational measures at reformatory is postponed or suspended, and their representative;

b) The criminal judgment enforcement agency of the district-level police where the person whose educational measures at reformatory is postponed or suspended resides;

c) The Procuracy at the same level;

d) The reform school, the Court that issued the decision on applying educational measures at reformatory in the case of suspension.

6. The criminal judgment enforcement agency of the district-level police where the person whose educational measures at reformatory is postponed or suspended resides is responsible for managing them during the postponement or suspension period.

Within 03 working days from the date of receiving the postponement or suspension decision, the criminal judgment enforcement agency of the district-level police, where the person whose educational measures at reformatory is postponed or suspended resides, must request that person to make a written commitment to strictly comply with the law and present himself/herself when requested, except in cases where he/she is seriously ill, receiving intensive medical care, or physically unable to move.

If the person whose educational measures at reformatory is postponed or suspended escapes, the criminal judgment enforcement agency of the district-level police where that person resides shall issue a pursuit decision and organize the pursuit and take him/her back to the reform school and notify the Court that issued the postponement or suspension decision to issue a decision to cancel the issued postponement or suspension decision.

7. If the person whose educational measures at reformatory is postponed or suspended due to serious illness still uses health reasons to avoid serving even if he/she is showing sign of recovering or if he/she shows signs of mental illness or other illness that causes loss of cognitive ability or ability to control behavior, the criminal judgment enforcement agency of the district-level police where that person resides shall be request a medical assessment or a forensic mental assessment. The assessment costs shall be covered by the requesting agency.

8. When there is no longer a reason for postponement or suspension, the criminal judgment enforcement agency of the district-level police where the person whose educational measures at reformatory is postponed or suspended resides must notify the Court that issued the postponement or suspension decision to issue a decision to cancel the postponement or suspension decision and send that person to a reform school.

9. If the person whose educational measures at reformatory is postponed or suspended dies, his/her family must immediately notify the People's Committee of the commune where he/she resides.  Immediately after receiving the notification, the commune-level People's must report to the criminal judgment enforcement agency of the district-level police.

Section 96. Suspension of enforcement of decision on applying educational measures at reformatory

1. Cases of suspension of enforcement of decision on applying educational measures at reformatory include:

a) Persons serving educational measures at reformatory, reformatory inmates who are prosecuted for another offense and is put in detention or subject to community sentence, or imprisonment;

b) Persons serving educational measures at reformatory, reformatory inmates who have passes away;

c) Persons serving educational measures at reformatory, reformatory inmates who suffer from a mental illness or other illness that causes loss of cognitive ability or ability to control behavior;

d) Canceling decisions on applying educational measures at reformatory, decisions on changing the current community-based diversion measure to educational measures at reformatory.

2. The suspension of enforcement of decision on applying educational measures at reformatory does not terminate the obligation to compensate for damages (if any).

3. When having one of the grounds specified in Clause 1 of this Article, the criminal judgment enforcement agency of the district-level police where the person subject to educational measures at a reformatory school resides, or the Principal of the reform school, shall notify the competent Court specified in Clauses 2 and 3 of Article 95 of this Law to issue an enforcement suspension decision.

4. Immediately after receiving the notification, the competent Chief Justice of the Court shall issue a decision on suspension of enforcement of decision on applying educational measures at reformatory.

5. The decision on suspension of enforcement of decision on applying educational measures at reformatory must be immediately sent to the person serving educational measure at reformatory, the reformatory inmate in Points a and d of Clause 1 of this Article, their representative, the criminal judgment enforcement agency of the district-level Police, the reform school, the Procuracy at the same level, and the Court that issued the decision on applying educational measures at reformatory.

Article 97. Handling of cases where the person serving educational measures at reformatory or the reformatory inmate escapes

1. Cases where the person serving educational measures at reformatory or the reformatory inmate escapes shall be handled as follows:

a) If the person serving educational measures at reformatory escapes, the criminal judgment enforcement agency of the district-level police where that person resides shall issue a pursuit decision and organize the pursuit;

b) If the reformatory inmate escapes, the principal of the reform school shall issue a pursuit decision and organize the pursuit;

2. People's Committees and police authorities at all levels shall cooperate in organizing pursuit and arresting the escapee.

3. Upon detecting the escapee:

a) The person who detects the escapee shall report to the nearest police authority or People's Committee or arrest and bring them to these agencies to be taken to the nearest criminal judgment enforcement agency of the district-level police. Upon receiving the escapee, the criminal judgment enforcement agency of the district-level police must prepare a record regarding this matter, take testimonies of, manage such person and immediately inform the agency that issued the pursuit decision so they can send someone to receive the escapee. In cases of requiring detainment of the escapee, the head of criminal judgment enforcement agency of the district-level police shall issue a decision on detaining such person in the detention room of the district-level police. The detention period shall not exceed 03 days from the date of detention and shall be included in the period of serving educational measure at reformatory.

The testimonies must be quickly and promptly taken, and may involve the participation of their representatives or social workers;

b) Immediately after receiving the notification, the agency that issued the pursuit decision must send someone to receive the escapee, immediately take him/her to the reform school, and report to the criminal judgment enforcement management agency of the Ministry of Public Security;

c) The handover and receipt of the escapee must be recorded in the report.

4. The duration when an inmate escapes shall not be included in the period of serving educational measures at reformatory. The escapee shall serve the remaining time limit of educational measures at reformatory.

5. The Government shall elaborate this clause 4 of this Article.

Article 98. Management of reformatory inmates

1. Reformatory inmates shall be supervised and managed by officers and teachers of reform schools and strictly comply with the schools' internal regulations. Officers and teachers of the reform school must be knowledgeable about psychology or have experience in solving problems related to juveniles.

2. Depending on the reformatory inmates' age, gender, education as well as the nature and severity of their offenses, reform schools shall divide reformatory inmates into groups and classes and assign teachers to directly take charge of them.

3. The Government shall elaborate this Article.

Article 99. Execution of transfer orders

1. Upon receiving a written request of a competent procedural agency, person for transfer of a reformatory inmate, the criminal judgment enforcement management agency of the Ministry of Public Security shall issue a transfer order.

2. When necessary to transfer a reformatory inmate for educational or medical examination and treatment purposes, the principal of the reform school shall issue a transfer order.

3. A transfer order must include:

a) Agency, full name, position and rank of the issuer;

b) Full name, date of birth, registered place of residence of the inmate to be transferred;

c) Purpose and length of transfer;

d) Agency, organization, person receiving the transferred inmate (if any);

dd) Date of issuance of the order; signature and seal of the issuer.

4. The competent agency shall receive the transferred reformatory inmate and return him/her to the reformatory within the time limit indicated in the transfer order, and make a report of the handover and receipt. Costs of travel and accommodation of transferred reformatory inmates shall be covered by the state budget, unless the reformatory inmates are sent to their families for medical treatment as prescribed by the law.

5. The transfer period shall be included in the period of serving educational measures at reformatory.

6. The Government shall elaborate this Article.

Article 100. Cultural education, career education, vocational training and labor

1. Reformatory inmates shall be provided with cultural education, career education, vocational training as prescribed by the Government.

Reform schools shall arrange teachers and organize cultural education for students. If the school is unable to arrange teachers to teach cultural subjects according to applicable regulations, they shall cooperate with other educational institutions to organize and link online classes for inmates. Opening online classes must ensure safety and avoid discrimination and negative impact to all inmates.

2. Reform schools shall cooperate with vocational education institution to provide vocational training for inmates.

3. Outside of school hours, inmates from 15 years old must participate in labor according to the plan organized by the reform school. Reform schools must arrange work that is appropriate to the age and health of inmates to ensure normal physical development, not assign heavy, dangerous, or toxic work, and ensure occupational safety and hygiene.

The labor time of a reformatory inmate must not exceed his/her learning time. The learning and labor time of a reformatory inmate must not exceed 7 hours per day and 35 hours per week.

Reformatory inmates' labor fruits shall be used for improving their living and learning conditions and transferred to the meal fund, community integration fund, or commendation fund of reformatory inmates.

4. Reformatory inmates are entitled to days off being Saturdays, Sundays and public holidays as specified by law.

5. The Government shall elaborate this Article.

Article 101. Cultural, artistic, entertainment and recreational activities

1. After learning, vocational training or laboring hours, reformatory inmates may participate in cultural activities, art performances, sports and physical exercise, read books and newspapers, watch television and other recreational activities organized by reform school.

2. Outside the time spent participating in educational activities, studying, working, and communal activities, students practicing religion are allowed to use published scriptures in printed form that are distributed legally and manifest their faith of religion or folk belief as stipulated by the law on religion or folk belief.

3. Inmates are encouraged to develop their talents and strengths in music, painting, literature, arts, physical education, and sports.

4. The Government shall elaborate this Article.

Article 102. Examination, assessment and grading of reformatory inmates and organization of exams

1. Reform schools shall organize examination, assessment and grading of their reformatory inmates and organize term, year-end and grade exams, exams for selection of excellent reformatory inmates or other exams.

2. Grade books, academic transcripts, dossiers and forms relevant to the learning of reformatory inmates shall be made according to forms uniformly set by the Ministry of Education and Training.

3. The Department of Education and Training, Office of Education and Training where the reformatory school is located shall issue cultural education certificates; vocational education institutions shall issue vocational training certificates for reformatory inmates.

4. The Government shall elaborate this Article.

Article 103. Meals and clothing of reformatory inmates

1. Reformatory inmates are entitled to standard rations of rice, vegetable, meat, fish, egg, sugar, fish sauce, cooking oil, monosodium glutamate, salt, fuel and some other necessary goods.

On public holidays and the Tet holiday, reformatory inmates shall be provided with higher food rations not exceeding five times the normal daily one.

Reformatory inmates shall be provided with hygienic food and drink.  Meals for ill, diseased or injured reformatory inmates shall be prescribed by physician assistants or doctors.

2. Annually, reformatory inmates shall be provided with clothing and other items for daily-life use; female reformatory inmates will be provided with additional items necessary for their personal hygiene. Reformatory inmates participating in labor and vocational training are provided with additional clothing and protective equipment.

3. The Government shall elaborate this Article.

Article 104. Lodging conditions and daily-life items of reformatory inmates

1. Depending on the gender, age, personal characteristics, nature and severity of offense of each reformatory inmate, the reform school shall arrange a suitable lodging place for him/her in a communal room.

2. Reformatory inmates shall be provided with mats, curtains, pillows, blankets and may use their personal items in daily life activities, except those prohibited in the reform school. Items necessary for daily life activities of reformatory inmates shall be lent or provided by the reform school.

3. The Government shall elaborate this Article.

Article 105. Healthcare for reformatory inmates

1. Reformatory inmates shall be given periodical health checks. Sick, diseased or injured reformatory inmates shall be treated in medical facilities of reform schools. For reformatory inmates whose illness, diseases or injuries are beyond the treatment capacity of their reform schools, their principals shall decide to send them to a state medical establishment. Medical examination and treatment cost shall be covered by reform schools.

If there is a medical establishment that is capable of treating students and voluntarily provides free medical examination and treatment, the Principal of the reform school shall make the decision.

2. Medical examination and treatment cost specified in clause 1 of this Article shall be covered by the state budget. Cost of detoxification or treatment of drug-addicted or HTV/AIDS-affected reformatory inmates shall comply with the law. For reformatory inmates allowed to leave reform schools for medical treatment with their families, their families shall pay medical examination and treatment costs.

3. The Government shall elaborate this Article.

Article 106. Handling of cases in which reformatory inmates die

1. In case a reformatory inmate dies, the principal of his/her reform school shall promptly notify such to the district-level Investigation Authority and procuracy of the place where the reformatory inmate dies for identifying the causes of the death and concurrently notify such to his/her relatives.

2. After obtaining permission of the Investigation Authority and procuracy for burial, the reform school shall organize the burial and report such to the criminal judgment enforcement management agency of the Ministry of Public Security for notification to the court that issued the decision on applying educational measure at reformatory. Burial costs shall be covered by the state budget. In case the relatives of the deceased have a request to receive the corpse, ashes or remains for burial and bear the costs themselves, the corpse of the deceased shall be handed over to their relatives. The burial shall be held in a way that ensures security and order and environment hygiene.

3. The Government shall elaborate this Article.

Article 107. Visits, correspondence and receipt of money, items and personal possessions of reformatory inmates

1. Reformatory inmates may meet their relatives at places of reception in their reform schools and strictly comply with regulations on visits.

2. Reformatory inmates may contact their relatives within the country by phone or via video call using electronic devices, under the supervision of teachers of the reformatory school and at their own expense.

3. Reformatory inmates may send and receive letters, presents, objects, except liquor, beer, cigarettes, other stimulants and prohibited articles and materials. Reform schools shall check letters and presents before they are sent or received by reformatory inmates. Reformatory inmates shall deposit their money or valuable papers at their reform schools for management and use under regulations of the reform school

4. The Government shall elaborate this Article.

Article 108. Handling of cases of students in mourning

1. When there is a family funeral of: father, mother, biological child, direct caregiver and there is a guarantee application from relatives confirmed by the commune-level People's Committee where the student resides, the Principal of the reform school may consider allowing the student to return home for no more than 05 days, excluding travel time. The period of returning home shall be included in the period of serving educational measures at reformatory.

2. When allowing inmates to return home, relatives' representatives shall come to pick up the students and write a commitment to manage the students during the time they are at home and ensure that the students shall return to the reform school within the specified time limit.

3. After the time allowed to return home ends, the inmate must voluntarily return to the reform school to continue implementing the measure. If not, the Principal of the reformatory school will bring them back; if the inmate escapes, the Principal of the reform school will issue a pursuit decision.

Article 109. Emulation classification of reformatory inmates

1. Emulation classification of reformatory inmates includes 4 categories: excellent, good, average, poor.

2. Reformatory schools must classify students’ emulation by month, quarter, year.

3. The Government shall elaborate this Article.

Article 110. Early termination of serving educational measures at reformatory

1. Reformatory inmates who have served half of the term of educational measures at reformatory and are classified as good or higher may have their educational measures at reformatory terminated ahead of time if they fall into one of the following cases:

a) Actively studying and making progress;

b) Having made achievements.

2. The principal of the reform school shall prepare and submit an application to the district-level People's Court where the reform school is located for review and decision on early termination of educational measure at reformatory. The application must include:

a) An application of the reformatory inmate;

b) Written request of the reform school;

c) A copy of the decision on applying educational measures at reformatory;

d) Emulation classification result;

dd) A written comment on active studying and making progress or a document or material showing the student's achievements confirmed by a competent authority;

e) Other relevant documents.

3. Within 03 working days from the date of receipt of the application of the Principal of the reform school, the Chief Justice of the Court shall review and decide to early terminate the serving of educational measures at reformatory for inmates. In case of refusal, a written response must be given, stating the reasons.

4. Decisions on early termination of serving educational measures at reformatory shall come into force from the date on which it is signed and not be subject to complaint or petition. This decision must be immediately sent to the inmate, their representative, the reform school, the Court that issued the decision on applying educational measures at reformatory, the Procuracy at the same level, and the criminal judgment enforcement management agency of the Ministry of Public Security.

5. Immediately after receiving the decision, the Principal of the reform school must announce and carry out the procedures for discharging the reformatory inmate.

Article 111. Commendation and handling of violations of reformatory inmates

1. Reformatory inmates who have strictly observed the law and internal regulations of reform schools, with good or better learning results or merits, are entitled to the following forms of commendation under decisions of principals:

a) Commending, awarding certificates of merit, giving gifts;

b) Participating in field trips organized by the reform school;

c) Being entitled to family reunions at the school for a day;

d) Increasing the frequency of communication via telephone or video calls using electronic means with relatives within the country.

2. Reformatory inmates who violate academic or labor discipline or engage in other behaviors that breach the internal regulations of the reform school may be dealt with by the Principal of the reformatory school based on the nature and severity of the violation through one of the following measures:

a) Warning;

b) Criticism;

c) Suspension of some recreational activities for no more than 03 days.

3. The commendation decision or decision on handling violations shall be recorded in the student's dossier.

4. The Government shall elaborate this Article.

Article 112. Procedures for discharging reformatory inmates

1. Two months before the end of the term of serving educational at reformatory or immediately after receiving the decision on early termination of serving educational measures at reformatory, the principal of the reform school shall notify in writing the commune-level People's Committee where the reformatory inmate will come to reside and his/her family of the date of discharge.

In case a reformatory inmate under 18 years of age completes the educational measure at reformatory but his/her parents and guardians are unknown, the reform school shall contact the commune-level People's Committee where the school is located to request assistance, arrange accommodation, employment, and education; in case the commune-level People's Committee is unable to arrange accommodation for the inmate, the reform school shall prepare a dossier on sending to a social protection facility in the local area where the reform school is located.

2. On the last day of the term of educational measure at reformatory, the principal shall organize health check-up, issue a certificate of complete serving of the measure for the discharged reformatory inmate and send it to the criminal judgment enforcement management agency of the Ministry of Public Security, the court that issued the decision on applying educational measure at reformatory and the commune-level People's Committee of the place in which such reformatory inmate will come to reside.

3. Upon graduation, the inmate will receive their money, valuable papers, assets and belongings previously deposited at the reform school, certificates of cultural education and vocational training issued during the time of serving educational measures at the reformatory; will be provided with travel fare and meal allowance for their return to their places of residence and 01 set of clothes. For a reformatory inmate who has made no considerable improvement by the expiration of the term of the educational measure at reformatory, the principal shall make a separate assessment and propose subsequent educational measures to be applied by the commune-level People's Committee and the criminal judgment enforcement agency of the district-level police where such person will come to reside.

4. For an under-16, sick or diseased reformatory inmate who has no relative coming to receive him/her on the date of discharge, the reform school shall assign a person to bring him/her back to his/her family or hand him/her over to the commune-level People's Committee where he/she will come to reside.

5. Within 10 days after the date of discharge, the reformatory inmate who has completely served their measure shall report him/herself to the commune-level People's Committee where he/she comes to reside.

6. The Government shall elaborate this Article.

Article 113. Oversight of enforcement of educational measures at reformatory

1. When over sighting the enforcement of educational measures at the reformatory, the Procuracy has the following tasks and powers:

a) Request the criminal judgment enforcement agency of the district-level police where the person serving educational measure at reformatory resides, the reform school shall self-inspect the enforcement of educational measures at reformatory and notify the Procuracy of the results; request the provision of dossiers and documents related to the enforcement;

b) Directly supervise the enforcement of educational measures at reformatory by the criminal judgment enforcement agency of the district-level police, the reform school; supervise the dossiers on enforcement of educational measures at reformatory;

c) Request the criminal enforcement agency of the district-level police or reform school to prepare and submit an application to the competent Court for review and decision on postponement, suspension, or early termination of enforcement of educational measures at reformatory, or an application to the criminal enforcement agency of the district-level police or reformatory school to notify the competent Court to suspend the enforcement of the decision on applying educational measures at reformatory;

 d) File petitions to the Court upon discovering violations related to the performance of tasks and powers of the Court during the enforcement of educational measures at reformatory;

dd) Protest, file petitions and request the criminal judgment enforcement agencies of the district-level police or reform school upon discovering violations during the enforcement of educational measures at reformatory; request termination of the execution, amendment or annulment of unlawful decisions in enforcement of educational measures at reformatory; terminate illegal acts;

e) Oversight compliance with the law in handling complaints and denunciations regarding the enforcement of educational measures at reformatory as prescribed in Clause 2 of this Article;

g) Institute lawsuits or request Investigation Authorities to institute criminal lawsuits upon detecting signs of crime in the enforcement of educational measures at reformatory in accordance with law;

h) Perform other tasks, powers in enforcement of educational measures at the reformatory.

2. The Procuracy shall directing oversight handling of complaints and denunciations by Courts, the criminal judgment enforcement management agencies, and the criminal judgment enforcement agencies.

When over sighting the handling of complaints and denunciations in the enforcement of educational measures at reformatory, the Procuracy has the right to request the Court, the criminal judgment enforcement management agency, and the criminal judgment enforcement agency at the same or lower level to: issue documents to resolve complaints and denunciations; inspect the handling of complaints and denunciations within its jurisdiction and of lower levels; notify the Procuracy of the results of the settlement; provide dossiers and documents related to the settlement of complaints and denunciations to the Procuracy.

3. The responsibility for handling requests, proposals, appeals and petitions of the Procuracy on the enforcement of educational measures at reformatory is prescribed as follows:

a) Regarding the requests stipulated in point a of clause 1 of this Article, the criminal judgment enforcement agency of a district-level police, the reform school, within 30 days from the date of receiving the request, must handle them. For cases requiring dossier preparation as prescribed in clause 3 of Article 94 of this Law, they must request the provision of dossiers, documents related to the enforcement of the judgment, and handle the requests immediately;

b) Regarding the proposals, petitions, and requests stipulated in points c, d, and dd of clause 1 of this Article, the criminal judgment enforcement agency of a district-level police, the reform school, must respond in writing within 15 days from the date of receiving proposals, petitions, and requests;

a) Regarding the appeals stipulated in point dd of clause 1 of this Article, the criminal judgment enforcement agency of a district-level police, the reform school, must respond in writing within 15 days from the date of receiving appeals; if they do not agree with the appeal, these agencies have the right to appeal to the immediate superior Procuracy; the immediate superior Procuracy must resolve the appeal within 15 days from the date of receipt of the appeal. The decision of the immediate superior Procuracy must be enforced.

Article 114. Complaints and denunciations in enforcement of educational measures at reformatory

1. Complaints and denunciations are made in accordance with the Law on Enforcement of Criminal Judgments.

2. The Minister of Public Security shall take charge and cooperate with the Chief Justice of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy in elaborating this Article.

Part three

PENALTIES AND LEGAL PROCEEDINGS IN RESPECT TO JUVENILES

Chapter VI

PENALTIES

Section 1. PENALTIES

Article 115. Penalties for juvenile delinquents

Juvenile delinquents shall only be subject to one of the following penalties for each crime:

1. Warning

2. Fines;

3. Community sentence;

4. Definite term imprisonment.

Article 116. Warning

Warning is applied to persons from 16 to under 18 years of age who commit serious crimes unintentionally or less serious crimes with mitigating factors, but not to the extent of being exempt from punishment.

Article 117. Fines

1. Fines shall be imposed on juvenile delinquents if they have income or private property.

2. The fine imposed on person from 16 to under 18 years of age who commit crimes shall not exceed one-half of the fines prescribed by the Criminal Code.

3. The fine imposed on person from 14 to under 16 years of age who commit crimes shall not exceed one-third of the fine prescribed by the Criminal Code.

Article 118. Community sentence

1. Community sentence is applied to persons from 16 to under 18 years of age who commit very serious crimes unintentionally or commit less serious crimes, serious crimes or persons from 14 to under 16 years of age who commit very serious crimes.

2. When applying community sentence on juvenile delinquents, their income shall not be deducted.

3. The duration of community sentence for juvenile delinquents shall not exceed one-half of the duration prescribed by the Criminal Code.

Article 119. Definite imprisonment

The term of imprisonment applicable to juvenile delinquents is prescribed as follows:

1. For persons from 16 to under 18 years of age when committing crimes, if the indefinite imprisonment or death sentence is imposed on the crimes they committed in accordance with the Criminal Code, the highest penalty applied shall not exceed 15 years of imprisonment; if a definite imprisonment is imposed on the crimes they committed, the highest penalty applied shall not exceed three-fifths of the duration of imprisonment prescribed by the Criminal Code, except for the case prescribed in Clause 2 of this Article;

2. For persons from 16 to under 18 years of age when committing the following crimes, if the indefinite imprisonment or death sentence is imposed on the crimes they committed in accordance with the Criminal Code, the highest penalty applied shall not exceed 15 years of imprisonment; if a definite imprisonment is imposed on the crimes they committed, the highest penalty applied shall not exceed three-fourths of the duration of imprisonment prescribed by the Criminal Code:

a) Murder;

b) Rape

Rape of a person under 16 years of age;

Non-consensual intercourse with a person from 13 to under 16 years of age;

dd) Illegal manufacturing of narcotic substances;

3. For persons from 14 to under 16 years of age when committing crimes, if the indefinite imprisonment or death sentence is imposed on the crimes they committed in accordance with the Criminal Code, the highest penalty applied shall not exceed 09 years of imprisonment; if a definite imprisonment is imposed on the crimes they committed, the highest penalty applied shall not exceed two-fifths of the duration of imprisonment prescribed by the Criminal Code, except for the case prescribed in Clause 4 of this Article;

4. For persons from 14 to under 16 years of age when committing the following crimes, if the indefinite imprisonment or death sentence is imposed on the crimes they committed in accordance with the Criminal Code, the highest penalty applied shall not exceed 18 years of imprisonment; if a definite imprisonment is imposed on the crimes they committed, the highest penalty applied shall not exceed half of the duration of imprisonment prescribed by the Criminal Code:

a) Murder;

b) Rape

Rape of a person under 16 years of age;

Non-consensual intercourse with a person from 13 to under 16 years of age;

dd) Illegal manufacturing of narcotic substances;

Section 2. SENTENCE DECISION, COMBINATION OF SENTENCES, SENTENCE EXEMPTION OR COMMUTATION, CONVICTION EXPUNGEMENT

Article 120. Sentence decision in cases of preparation for crimes, attempts to commit a crime

1. The court shall decide on the sentence for juveniles in cases of preparation for crimes, attempts to commit a crime as specified in Criminal Code on corresponding crimes hereof and vary according to their nature, danger to society, progress of the crime and other factors that prevent the crime from being committed to the end.

2. The highest sentence imposed on a person from 14 to under 16 years of age preparing to commit a crime shall not exceed one-third of the sentence prescribed in the bracket for the act of preparing to commit a crime in the applicable article of the Criminal Code.

The highest sentence imposed on a person from 16 to under 18 years of age preparing to commit a crime shall not exceed half of the sentence prescribed in the bracket for the act of preparing to commit a crime in the applicable article of the Criminal Code.

3. The highest sentence imposed on persons from 14 to under 16 years of age who commit crimes shall not exceed one-third of the sentence prescribed by Articles 117, 118, and 119 of the Criminal Code.

The highest sentence imposed on persons from 16 to under 18 years of age who commit crimes shall not exceed half of the sentence prescribed by Articles 117, 118, and 119 of the Criminal Code.

Article 121. Combination of sentences of multiple crimes

1. When a juvenile delinquent is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence in accordance with the Criminal Code.

If the combined sentence is a community sentence, it shall not exceed 3 years of community sentence.

If the combined sentence is a definite imprisonment, it shall not exceed 18 years of imprisonment for offenders from 16 to under 18 years of age and 12 years for offenders from 16 to under 18 years of age.

2. For juveniles who commit multiple crimes, some of which are committed before they turn 16, some of which are committed after they turn 16, the combined sentence shall not exceed the highest sentence for persons from 16 to under 18 years of age as prescribed in Clause 1 of this Article.

3. For persons who commit multiple crimes, some of which are committed before they turn 16 and some of which are committed after they turn 16, the combined sentence shall be applied as for offenders who are 18 years of age or older.

Article 122. Combination of sentences of multiple judgments

The combination of sentence in cases where a person who is serving a sentence is tried for a crime committed before such sentence is imposed, shall follow the Criminal Code.

In case a person has to serve multiple sentences that are not combined, the combination shall follow the Criminal Code.

For juvenile who commit multiple crimes, some of which are committed before they turn 16, some of which are committed after they turn 16, the combined sentence shall not exceed the highest sentence for persons from 16 to under 18 years of age as prescribed in Clause 1 of this Article.

Article 123. Commutation of sentence

1. A juvenile delinquent subject to a community sentence or imprisonment, if he/she has made progress and has served one-fourth of the term, shall be considered for a commutation by the Court; for imprisonment, each time the sentence may be reduced by four years, but he/she must serve at least two-fifths of the sentence. 

2. A juvenile delinquent subject to a community sentence or imprisonment, if he/she has made merits or is suffering from serious illness, shall immediately be considered for sentence commutation and may be exempted from serving the remaining part of the sentence.

3. A juvenile delinquent who is fined but falls into a particularly disadvantaged economic situation for a long time due to a natural disaster, fire, accident, or illness or has made merits, the Court may decide on commutation or exemption from the remaining part of the fine upon the request of the Director of the Procuracy.

Article 124. Suspended sentence

Where a person is sentenced to imprisonment of up to 03 years, in consideration of the juvenile's identity and mitigating factors, the Court might give a suspended sentence with a probation period of 01 - 03 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal judgment enforcement if imprisonment is deem unnecessary.

Article 125. Commutation of sentence

 Juvenile delinquents sentenced to imprisonment shall be eligible for suspended sentence in one of the following cases:

1. Cases eligible for suspended sentence in accordance with the Criminal Code;

2. In case the juvenile sentenced to imprisonment has registered and is eligible to participate in or is participating in the lower secondary school graduation exam, high school graduation exam, or graduation exam in vocational education institutions confirmed by the educational institution or vocational education institution where he/she studies, his/her sentence may be postponed until the exam is completed.

Article 126. Parole

1. Juvenile delinquents sentenced to imprisonment shall be eligible for a parole in one of the following cases:

a) Have made considerable progress and great rehabilitation;

b) Have serve one-thirds of the imprisonment;

c) Have a clear place of residence.

2. The juvenile delinquent shall be eligible for to be considered for a parole immediately when all the conditions specified in Clause 1 of this Article are met.

The competent criminal judgment enforcement agency must prepare an application for parole and take responsibility for the accuracy and legality of the application.

3. Upon request by the competent criminal judgment enforcement agency, the court shall decide to grant a parole to the convict.  The person on parole must fulfill the obligations during the probation period. The probation period is equal to the remaining time of the imprisonment.

4. If the person on parole breach his/her obligations multiple times or is administratively sanctioned multiple times during the probation period, the Court may cancel the parole decision and force him/her to serve the remaining part of imprisonment.

If that person commits a new crime during the probation period, the Court shall force him/her to serve a new combined sentence including the unserved imprisonment as prescribed in Article 122 of this Law.

5. If the person on parole has served at least half of the probation period and has made significant progress, the Court may, upon the request of the competent criminal judgment enforcement agency, shorten the probation period.

Article 127. Conviction expungement

1. A juvenile convict shall be considered not having convictions if he/she falls in one of the following cases:

a) Persons from 14 to 16 years of age;

b) Persons from 16 to 18 years of age who are convicted of unintentional less serious crimes, serious crimes, or very serious crimes;

2. Persons from 16 to 18 years of age who are convicted of intentional less serious crimes, serious crimes, or very serious crimes shall have his/her convictions automatically expunged if, from the time of completing the sentence or the end of the probation period or the end of the statute of limitations for the sentence enforcement, that person does not commit a new crime in:

a) 03 months in case of subject to warning, fine, community sentence or imprisonment but entitled to parole;

b) 06 months for cases subject to 5 years of imprisonment;

c) 01 year for cases subject to 5 to 15 years of imprisonment;

d) 02 years for cases subject to more than 15 years of imprisonment;

Chapter VII

LEGAL PROCEEDINGS FOR JUVENILES WHO ARE PERSONS FACING DENUNCIATION OR REQUISITIONS FOR CHARGES, PERSONS HELD IN EMERGENCY CUSTODY, PERSONS FACING CHARGES

Section 1. GENERAL PROVISIONS

Article 128. Issues to be determined when conducting legal proceedings for accused juveniles

1. 1. Age, physical and mental development level, level of awareness of the criminal behavior of the juvenile.

2. Living and educational conditions.

3. Whether or not there was an adult who instigated the crime.

4. Causes, conditions, and circumstances of the crime.

Article 129. Time limits for investigation, decisions on prosecution, preparation for adjudication in the first instance/second instance 

1. Time limits for investigation, decisions on prosecution, preparation for adjudication in the first instance/second instance for cases involving accused juveniles shall not exceed half of the time limits prescribed by Criminal Procedure Code.

For particularly complex cases or during the prosecution and adjudication in the first instance, the Procuracy and the Court shall issue a notification on applying diversion procedure, then the corresponding regulations on the time limits for investigation, decisions on prosecution, preparation for adjudication in the first instance/second instance as prescribed in the Criminal Procedure Code shall apply.

2. The Prosecutor General of the Supreme People's Procuracy shall take charge and cooperate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, shall elaborate this Article.

Article 130. Defense

1. Accused juveniles have the right to defend himself or herself or to have someone else defend him or her.

2. The representative of the accused juvenile has the right to choose a defense counsel or to defend the juvenile himself or herself

3. If the accused juvenile does not agree with the defense counsel selected by the representative, the choice must be made according to the opinion of the accused juvenile.

4. If the accused juvenile does not hire a defense counsel or his or her representative does not select a defense counsel, the competent procedural agency must appoint a defense counsel in accordance with the Criminal Procedure Code. If the accused juvenile does not hire a defense counsel or his or her representative does not select a defense counsel, the competent procedural agency must appoint a defense counsel in accordance with the Criminal Procedure Code.

Article 131. Notification of procedural activities

1. Before the legal proceedings, the competent procedural agency, person must notify in advance, within a reasonable time, the representative, the defense counsel, the person protecting the lawful rights and interests of the juvenile who is person facing denunciation or requisition for charge, person held in emergency custody, person facing charge of the time and place of conducting the legal proceedings in which they have the right to participate in accordance with this Law and the Criminal Procedure Code.

2. The notification must be in writing, clearly stating the full name, address, and phone number of the person issuing the notification and the person being notified. In cases where it is necessary to ensure the timely presence of the representative, defense counsel, or person protecting lawful rights and interests of the juvenile who is person facing denunciation or requisition for charge, person held in emergency custody, person facing charge, the competent procedural agency, person may notify directly, by telephone or other electronic means, but must immediately send a written notice afterwards.

3. The representative, defense counsel, or person protecting lawful rights and interests of the juvenile who is person facing denunciation or requisition for charge, person held in emergency custody, person facing charge, upon receiving the notification, must promptly inform the competent procedural agency, person of their presence and participation in the legal proceedings.

4. Notification of other procedural activities shall be carried out in accordance with the Criminal Procedure Code.

Article 132. Representatives’ participation in legal proceedings

1. The representative of the juvenile who is the person facing denunciation or requisition for charge, the person held in emergency custody, or the person facing charge shall have the right and obligation to participate in legal proceedings in accordance with competent procedural agency.

2. Cases ineligible to be the representative of a juvenile who is the person facing denunciation or requisition for charge, the person held in emergency custody, or the person facing charge include:

a) This person's participation will have a negative impact on the psychology of the juvenile, affecting the determination of the truth of the case;

b) This person's behavior is the direct cause of the crime of the juvenile.

3. The representative of the juvenile who is the person facing denunciation or requisition for charge, the person held in emergency custody, or the person facing charge are allowed to participate in taking testimonies, interrogating, confronting, searching body, inspecting traces across the body of the juvenile, participating in the identification, voice recognition and other procedural activities of the juvenile as prescribed by this Law and the Criminal Procedure Code; presenting evidence, documents, objects, requests, complaints, denunciations; reading, recording, photocopying documents related to the accusation of the juvenile in the case file after the investigation is completed

4. The representative of the juvenile who is the defendant, when participating in the trial has the right to present evidence, documents, objects, requests and proposals to change the presiding officers; express opinions, debate; complain about the procedural acts of those with authority to institute proceedings and the decisions of the Court.

5. Immediately after admitting a case, the competent procedural agency must notify in writing the representative of the juvenile who is the person facing denunciation or requisition for charge, the person held in emergency custody, or the person facing charge to participate in the proceedings; if necessary, the notification may be made directly, by phone or other electronic means, but a written one must be sent immediately afterwards.

6. The representative must be present at the time and place stated in the notification.

Article 133. Organizations’ participation in legal proceedings

1. Representatives of educational institutions, vocational training institutions, the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union, and other organizations where juveniles study, work, and live have the right and obligation to participate in the legal proceedings in accordance with the decision of the competent procedural agency.

2. The persons specified in Clause 1 of this Article, when participating in the trial, have the right to present evidence, documents, objects, requests; express opinions, and debate.

 Article 134. Maintaining confidentiality of information of juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges

1. Information related to crimes of juveniles shall not be made public, except in cases where the person is under a pursuit warrant of a competent authority.

2. Documents, evidence, and information related to the personal identity and crimes of juveniles shall only be used for the settlement of the case and shall be strictly prohibited from being used for other purposes.

3. In special cases where it is necessary to protect juveniles, the Court may conduct a secret adjudication but must publicly announce the decision of the judgment.

Section 2. PREVENTIVE MEASURES, COERCIVE MEASURES

Article 135. Preventive measures, coercive measures

1. Preventive measures applying to juveniles include:

a) Emergency custody;

b) Arrest for cases specified in the Criminal Procedure Code;

c) Temporary detainment;

d) Detention;

dd) Electronic monitoring (EM);

e) Being put under supervision of the representative;

g) Bail;

h) Surety;

i) Residential confinement;

k) Exit restriction.

2. Coercive measures applying to juveniles include:  

a) Coercive delivery and forced escort

b) Distrainment of property;

c) Freezing of accounts.

3. After emergency custody, arrest, temporary detainment or detention, persons issuing detainment order or custodial orders against juveniles inform in writing the juveniles’ families, the commune-level People's Committees where they reside or agencies, organizations where they work or study; if necessary, the notification may be made directly, by phone or other electronic means, but a written one must be sent immediately afterwards.

Within 12 hours from the time receiving juveniles who are detainees, arrestees, investigation authorities receiving detainees, arrestees must inform their families, the commune-level People's Committees where they reside or agencies, organizations where they work or study; if the detainees, arrestees are foreigners, Vietnamese diplomatic authorities must be informed to deliver notices to diplomatic missions of countries whose citizens are detained or arrested.

If such notice obstructs the pursuit of suspects or investigative activities, investigation authorities receiving detainees and arrestees shall release notices after such obstructions suspend to exist.

Article 136. Emergency custody

1. Persons 14 to under 16 years of age may be held in emergency custody for crimes for which they are criminally liable under the Criminal Code if they fall under the cases subject to emergency custody as prescribed in the Criminal Procedure Code.

2. Persons 16 to under 18 years of age may be held in emergency custody for intentional serious crimes, very serious crimes, extremely serious crimes for which they are criminally liable under the Criminal Code if they fall under the cases subject to emergency custody as prescribed in the Criminal Procedure Code.

Article 137. Temporary detainment

1. Persons 14 to under 16 years of age may keep in Temporary detainment for crimes for which they are criminally liable under the Criminal Code if they fall under the cases subject to Temporary detainment as prescribed in the Criminal Procedure Code.

2. Persons 16 to under 18 years of age may be temporarily detained for intentional serious crimes, very serious crimes, extremely serious crimes for which they are criminally liable under the Criminal Code if they fall under the cases subject to Temporary detainment as prescribed in the Criminal Procedure Code.

Persons 16 to under 18 years of age may be temporarily detained for unintentional serious crimes or less serious crimes if they continue to commit more crimes or escape and get caught under pursuit warrants.

3. The duration of temporary detainment must not exceed 3 days from the time the Investigation Authority or the agency assigned to conduct certain investigation activities receives the detainee or arrestee or escorts the detainee or arrestee to its headquarters or from the time the Investigation Authority make an order to temporarily detain the offender who turns themselves in. If necessary, the person making the order of temporary detainment may extend the detainment duration once but not more than 03 days.

Within 12 hours of receiving the application for an extension of temporary detainment, the Procuracy at the same level or the competent Procuracy must issue a decision to approve or not approve.

Article 138. Detention

1. Detention may be applied to juveniles who are suspects or defendants from 14 to under 16 years of age for extremely serious crimes as prescribed by the Criminal Code when there are grounds to determine that that person falls into one of the following cases:

a) Other preventive measures have been applied, but the offender still continues to violate the law;

c) He/she does not have a clear place of residence;

c) He/she escapes and gets caught under a pursuit warrant;

d) He/she continues to commit crimes or there is reason to believe that this person is searching for, preparing tools, means or creating other conditions to continue committing crimes;

d) He/she destroys or forges evidence, documents, or objects of the case; threatens, represses, or takes revenge on witness testifiers, crime victims, denouncers, and their kin.

2. Detention may be applied to juveniles who are suspects or defendants from 14 to under 16 years of age for very serious crimes as prescribed by the Criminal Code when there are grounds to determine that that person falls into one of the following cases:

a) Other preventive measures have been applied, but the offender still continues to violate the law;

c) He/she does not have a clear place of residence;

c) He/she escapes and gets caught under a pursuit warrant;

d) He/she continues to commit crime;

d) He/she destroys or forges evidence, documents, or objects of the case; threatens, represses, or takes revenge on witness testifiers, crime victims, denouncers, and their kin.

3. Detention may be applied to juveniles who are suspects or defendants from 16 to under 18 years of age for intentional serious crimes, very serious crimes, extremely serious crimes as prescribed by the Criminal Code when there are grounds to determine that that person falls into one of the following cases:

a) Other preventive measures have been applied, but the offender still continues to violate the law;

c) He/she does not have a clear place of residence;

c) He/she escapes and gets caught under a pursuit warrant, or there are grounds proving that he/she will escape;

d) He/she continues to commit crimes or there is reason to believe that this person is searching for, preparing tools, means or creating other conditions to continue committing crimes;

d) He/she bribes, coerces, or incites other individuals to give false statements or documents; destroys or forges evidence, documents, or objects of the case; threatens, represses, or takes revenge on witness testifiers, crime victims, denouncers, and their kin.

4. Detention may be imposed on persons 16 to under 18 years of age for unintentional serious crimes or less serious crimes if they continue to commit more crimes or escape and get caught under pursuit warrants.

5. The detention period for juveniles who are suspects or defendants shall not exceed half of the corresponding detention period prescribed in the Criminal Procedure Code, except in the case prescribed in Clause 8 of Article 151 of this Law. When there are no longer grounds for applying detention, the competent procedural agency or person must promptly cancel or replace the measure with another preventive measure.

6. If the juveniles who are suspects or defendants are being held in detention and there are notifications of the application of the diversion procedure, presiding authorities shall consider continuing the detention or canceling it and replacing it with another preventive measure.

7. The Prosecutor General of the Supreme People's Procuracy shall take charge and cooperate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, shall elaborate clause 5 of this Article.

Article 139. Electronic monitoring - EM

1. EM is an alternative preventive measure to detention. Based on the nature, level of danger to society of the behavior and personal identity of the juvenile who is a suspect or defendant, the Investigation Authority, the Procuracy, or the Court may decide to allow them to be electronically monitored.

2. The suspect or defendant under EM must make a written commitment to perform the following obligations:

a) Not leaving the monitoring area, except in cases specified in Clause 5 of this Article;

b) Being present upon summons, except in cases of force majeure or objective obstacles;

c) Not escaping or continuing to commit crimes;

a) Not committing acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin;

dd) Not removing or destroying electronic monitoring devices or disrupt the operation of electronic monitoring devices.

3. The Head and Deputy Head of the Investigation Authority, the Director and Deputy Director of the Procuracy, the Chief Justice and Deputy Chief Justice of the Court, the Judge presiding over the trial, and the Adjudication Panel have the right to issue decisions on electronic monitoring of minors who are suspects or defendants and must clearly state the scope of monitoring.  The decision of the Head and Deputy Head of the Investigation Authority must be approved by the Procuracy of the same level before enforcement.

4. The period of electronic monitoring shall not exceed the time limit for investigation, decisions on prosecution, preparation for adjudication in the first instance/second instance as prescribed in this Law.  The period of electronic monitoring for a person sentenced to imprisonment shall not exceed the time limit from the date of sentencing until the time the person goes to serve imprisonment.

5. The person who issues the decision on applying electronic monitoring must immediately send this decision to the juvenile who is the suspect, the defendant, and their representative; immediately notify the People's Committee of the commune where the juvenile resides and hand over the juvenile to the People's Committee of that commune for enforcement.

If the juvenile who is the suspect, the defendant must temporarily leave the area of ​​monitoring due to force majeure or objective obstacles, the consent of the People's Committee of the commune where the person resides and a permit from the person who issued the decision on applying electronic monitoring must be obtained; The permit must be sent to the People's Committee of the commune where the person resides.

6. If the suspects and defendants violate duties guaranteed in clause 2 of this Article, they shall be held in detention. People's Committees of communes where the suspects and defendants reside must inform the authorities issuing Decision on applying electronic monitoring about the violations to handle them within their jurisdiction.

7. Cancellation or replacement of electronic monitoring shall comply with the regulations on cancellation or replacement of preventive measures of this Law and the Criminal Procedure Code.

8. The Government shall elaborate this Article.

Article 140. Measures of being put under supervision of the representative

1. Measures of being put under the supervision of the representative shall apply to juveniles who are suspects or defendants to ensure that they are present upon being summoned by Investigation authorities, Procuracies, Courts.

2. The suspect or defendant under supervision of the representative must make a written commitment to perform the following obligations:

a) Being present upon summons, except in cases of force majeure or objective obstacles;

b) Not escaping or continuing to commit crimes;

c) Not committing acts of bribing, coercing or inciting other individuals to give false statements or documents, destroying or forging case evidences, documents and item, shifting property related to the case away, threatening, repressing or avenging witness testifiers, crime victims, denouncers and their kin;

3. The Head and Deputy Head of the Investigation Authority, the Director and Deputy Director of the Procuracy, the Chief Justice and Deputy Chief Justice of the Court, the Judge presiding over the trial, and the Adjudication Panel have the right to issue decisions on measures of being put under the supervision of the representative and handle over the juveniles who are suspects, defendants to their representatives for supervision.

The representative assigned to supervise has the obligation to closely supervise the juvenile and his/her conduct, morality and education.

In case the representative is not able to continue performing the assigned tasks or fails to complete the assigned tasks, the competent person specified in this clause shall decide to change the representative.

4. The period of measures of being put under supervision of the representative shall not exceed the time limit for investigation, decisions on prosecution, preparation for adjudication in the first instance/second instance as prescribed in this Law.  The period of the measure of being put under supervision of the representative for a juvenile sentenced to imprisonment shall not exceed the time limit from the date of sentencing until the time the person goes to serve imprisonment.

5. The person who issues the decision on applying the measure of being put under supervision must immediately send this decision to the juvenile, who is the suspect, the defendant, and their representative; immediately notify the People's Committee of the commune where the juvenile resides for management and supervision of the juvenile.

If the juvenile who is the suspect or defendant must temporarily leave the place of residence due to force majeure or objective obstacles, the consent of the People's Committee of the commune where the person resides and a permit from the person who issued the decision on applying the measure of being put under supervision must be obtained. The permit must be sent to the People's Committee of the commune where the person resides.

6. If the suspects and defendants violate duties guaranteed in clause 2 of this Article, they may be held in detention. The representative assigned to supervise must promptly inform the People's Committee at the commune level of the violation and cooperate with competent authorities to take timely measures to prevent and handle it. People's Committees of communes where juveniles who are suspects and defendants reside must inform the authorities issuing Decision on applying the measure of being put under supervision about the violations to handle them within their jurisdiction.

7. Cancellation or replacement of measures of being put under supervision shall comply with the regulations on cancellation or replacement of preventive measures of this Law and the Criminal Procedure Code.

Article 141. Coercive delivery and forced escort

1. Coercive delivery and forced escort shall be imposed on juveniles in one of the following cases:

a) Juveniles who are suspects or defendants that have been summoned for the second time but are intentionally absent not due to a force majeure reason or an objective obstacle;

b) Juveniles who are persons held in emergency custody, suspects and defendants held in detention from the place of detention, temporary detainment to the location of investigation, prosecution and adjudication of the case.

2. Forced escort shall only apply on juveniles who are persons facing denunciation or requisitions for charges and through examination and verification there are enough grounds to determine that they are involved in a crime for which the case is prosecuted, has been summoned but is still absent without force majeure or objective obstacles.

3. When escorting the juvenile, handcuffs or other coercive measures shall not be applied, except in cases where the juvenile shows signs of escape, acts of resistance, or disturbs public order.

Section 3. PROCEDURES FOR FILING OF CHARGES, INVESTIGATION, PROSECUTION

Article 142. Lodging and processing of criminal information, filing of charges, investigation, prosecution

1. All activities of lodging and processing of criminal information, filing of charges, investigation of cases involving juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges must be conducted in an environment that is favorable for ensuring the safety of their lives, health, personal privacy, honor, dignity, and other lawful rights and interests.

2. Friendly legal proceedings must be applied to juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges right from the stage of prosecution.

3. When conducting proceedings against juveniles who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges, competent procedural persons must have a friendly attitude and use easy-to-understand language that is appropriate to their age, gender, cognitive ability, and maturity level.

4. In case the agency assigned to conduct some investigation admits a case involving a juvenile who is a person facing charges, it must request the competent Procuracy to issue a decision to transfer the entire case to the competent Investigation authority.

5. The Prosecutor General of the Supreme People's Procuracy shall take charge and cooperate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, shall elaborate clause 4 of this Article.

Article 143. Separation in criminal cases involving juveniles

1. In a criminal case involving a juvenile and an adult defendant, the Investigation Authority shall separate the criminal case to resolve the case independently for the juvenile defendant.

2. Documents and evidence collected during the resolution of cases involving juveniles and cases involving adults as prescribed in Clause 1 of this Article shall be used in the resolution of these cases.

3. The Prosecutor General of the Supreme People's Procuracy shall take charge and cooperate with the Chief Justice of the Supreme People's Court, the Minister of Public Security, and the Minister of National Defense, shall elaborate this Article.

Article 144. Statement extraction or interrogation

1. For cases of statement extraction from or interrogation of juveniles at the place of investigation and prosecution, the room for statement extraction from or interrogation must be arranged to ensure friendliness and suitability for their psychology and age.

2. While extracting statements and interrogating, the competent procedural person must consider applying appropriate measures to minimize the time and number of times of extracting statements and interrogating and must immediately stop extracting statements and interrogating when the juvenile shows signs of fatigue, affecting the ability to give accurate and complete statements.

3. While extracting statements and interrogating juveniles, their representatives or defense counsels, or persons protecting their lawful rights and interests must be present; cases where it is necessary to keep the investigation confidential for crimes against national security shall be handled in accordance with the Criminal Procedure Code.

 If necessary, when extracting statements and interrogating, the competent procedural agency may invite social workers, medical, psychological, educational, and social work experts.

4. After each time of statement extraction or interrogation by the competent person, the representative, the defense counsel, the person protecting of lawful rights and interests, and the social worker may interrogate the juvenile if the Investigator or Prosecutor agrees. The Investigator or Prosecutor has the right to request the cancellation of the interrogation, and the interrogation must immediately stop in case the questions of these people are suggestive or directional in nature related to the case.

5. Statement extraction from or interrogation of juveniles must not be carried out more than 02 times per day, 02 hours per session, except for the following cases:

a) Organized crimes;

b) Seeking of fugitive criminals;

c) Prevention of crimes;

d) Search of tools or instruments of crime or other exhibits related to the case;

dd) Cases with several complex facts.

6. Statement extraction from or interrogation of juveniles must not be carried out at night, except for the following cases:

a) Juveniles held in emergency custody;

b) Seeking of fugitive criminals;

c) Prevention of crimes.

7. Written records of statements and interrogation bear no legal effect when they have the signature or fingerprint of juveniles’ representatives or defense counsels, or persons protecting their lawful rights and interests.

Article 145. Identification, voice recognition

1. Investigators, when necessary, may let juveniles who are arrestees, detainees and defendants to identify, recognize voices.

In case the juvenile is asked to identify an image of a corpse with a frightening appearance, he/she must be psychologically prepared or use appropriate electronic devices and simulated images for identification.

2. During the process of identification and voice recognition, the Investigator must create a comfortable atmosphere and encourage the minor to make the most accurate identification possible. After the identifying identifies, recognizes an individual, item or photo displayed for identification or one of the voices projected, the Investigator are not required to ask the juvenile to explain on how he/she identifies, recognizes that person, item, photo or voice.

3. Identification, voice recognition shall not be carried out at night, except for cases specified in Points b and c of Clause 6 of Article 144 of this Law.

4. Identification and voice recognition must be carried out in the presence of juveniles’ representatives or defense counsels.

Article 146. Confrontation

1. Confrontation with juveniles shall only be carried out in cases where the case cannot be resolved without confrontation.

2. Confrontation with juveniles shall only be carried out once a day and shall not last more than 2 hours. The competent procedural person shall immediately suspend the confrontation if the juvenile shows signs of fatigue or stress.

3. When conducting the confrontation, the competent procedural person may put the participants in an isolated room and use electronic devices, curtains, or other protective measures to avoid affecting the psychology of the juvenile.

4. The confrontation with minors must be conducted in the presence of their representatives or defense counsels and persons protecting their lawful rights and interests.

Article 147. Search of body, inspection of traces across a body

1. Search of body, inspection of traces across a body of a juvenile must be conducted in the presence of his/her representative.

2. Search of body, inspection of traces across a body of a juvenile must be carried out as fast as possible.

Section 4. ADJUDICATION PROCEDURE

Article 148. Authority to adjudicate criminal cases

The Family and Juvenile Court has the authority to adjudicate criminal cases involving juveniles who are accused persons. For Courts that have not yet organized the Family and Juvenile Court, the adjudication of criminal cases involving juveniles who are accused persons shall be conducted by the Judge specified in Clause 1 of Article 29 of this Law.

Article 149. Friendly courtroom

1. The court shall adjudicate the defendant who is a juvenile in a friendly courtroom.

2. The positions of the presiding officers, participants in legal proceedings, and participants in the trial in the courtroom shall be arranged on the same plane.

The juvenile who is a defendant participating in the court proceedings shall sit next to his/her defense counsel or representative.

3. The Chief Justice of the Supreme People's Court shall elaborate this Article.

Article 150. Attendance of social workers

The social worker shall attend the trial when summoned by the Court. If the social worker is absent, depending on the case, the Trial Panel shall decide to postpone the trial or continue the adjudication.

Article 151. Friendly adjudication procedure

1. Trials must be conducted in a friendly manner, ensuring lawful rights and interests of juveniles. The Judge presiding over the trial must wear the administrative uniform of the Court; the prosecutor must wear appropriate uniform, not the uniform of the People's Procuracy.

2. During the trial, handcuffs or other coercive measures must not be applied, except in cases where the juvenile shows signs of resistance, causes disorder in the trial or other negative actions.

3. The representative of the juvenile may assist the juvenile at the trial.

4. Court president shall request the social worker present at the trial to present the social investigation report and the additional social investigation report (if any), propose the application of diversion measures (if any) and other related issues.

5. The questioning and debate with juveniles at court shall be conducted a manner that is suitable with their age, gender, cognitive ability and maturity.  Questions should be brief, simple, and easy to understand, and not cover multiple issues at once.  

6. During the trial, if the juvenile is found to be eligible for diversion measures, the Trial Panel shall review and decide to apply diversion measures on the defendant. This decision shall include the contents specified in Clause 1 of Article 56 of this Law, except for content related to adjournment of the lawsuits against the defendant. This decision may be appealed in accordance with the Criminal Procedure Code.

If it is deemed necessary to develop or supplement a diversion plan, the Trial Panel shall decide to suspend the trial and request the social worker to develop or supplement a diversion plan. The suspension period of the trial shall not exceed 10 days from the date of the trial suspension decision. After the suspension of the trial, the Trial Panel shall continue to resolve the case in accordance with law.

7. After pronouncing judgments or announcing decisions, the Trial Panel shall decide to hold the juvenile in detention in one of the following cases:

a) The juvenile is being held in detention, but it is deemed necessary to continue with the detention to ensure the enforcement of the judgment or decision;

b) The juvenile is not being held in detention, but there are grounds to believe they may flee or commit further offenses.

8. The detention period applicable to juveniles is prescribed as follows:

a) No more than 45 days from the date of pronouncing judgments;

b) No more than 25 days from the date of announcing the decision on applying the educational measure at reformatory.

Article 152. Pronouncement of judgments

When pronouncing judgments, The Trial Panel shall read the decision in the judgment. Additional explanations on the abidance by the sentences and the right to appeal and other contents may be provided after the reading of the judgment in accordance with law.

Chapter VIII

LEGAL PROCEEDINGS IN RESPECT TO JUVENILES WHO ARE CRIME VICTIMS, WITNESS TESTIFIERS

Article 153. Provision of protection, assistance to juveniles who are crime victims, witness testifiers 

1. The legal proceedings involving juveniles who are crime victims, witness testifiers must be conducted in an environment conducive to ensuring their safety in terms of life, health, dignity, honor, property, personal secrets, rights, and other lawful interests. Limiting the number of interactions between juveniles who are crime victims, witness testifiers, and persons facing denunciation or requisitions for charges, persons facing charges to the lowest possible extent.

2. Competent procedural agencies, persons must apply appropriate measures to minimize the anxiety and stress of the juveniles who are crime victims, witness testifiers during their participation in the proceedings.

3. Competent procedural agencies, persons must cooperate with social workers, child protection agencies, and other relevant organizations to support, care for, and protect juveniles who are crime victims, witness testifiers during their participation in the proceedings.

4. Cases involving juveniles who are crime victims or witness testifiers shall be prioritized and handled as soon as possible.

5. Competent procedural agencies, persons must apply appropriate, necessary measures in accordance with the law to protect the life, health, dignity, honor, property, and other lawful rights and interests of juveniles who are crime victims or witness testifiers and their kin when they are harmed or threatened.

6. Juveniles who are crime victims or witness testifiers shall not be escorted by force.

7. Juveniles who are crime victims facing difficult circumstances shall receive support from the Child Protection Fund.

Article 154. Representatives and supporters' participation in legal proceedings

1. Juveniles who are crime victims have the right to have a legal representative, a person protecting their lawful rights and interests, and juveniles who are witness testifiers have the right to have a legal representative to participate in legal proceedings.  If the participation of the legal representative does not ensure the juvenile's interests, another legal representative must be appointed in accordance with the law.

2. Immediately after admitting a case, the competent procedural agency must notify in writing the legal representative of the juvenile who is a crime victim, the witness testifier to participate in the proceedings; if necessary, and the notification can be made directly, via phone, or other electronic means, but must be followed up with a written notification. The legal representative must be present at the time and location specified in the notification.

3. Before conducting any legal proceedings, the competent authority must inform the legal representative, the person protecting lawful rights and interests of the juvenile who is a crime victim, the legal representative of the witness testifier as stipulated in this Law and the Criminal Procedure Code.

4. At the request of the juvenile who is a crime victim, their legal representative, or when deemed necessary, the competent procedural agency may request the involvement of a social worker to guide, support the juvenile and perform other duties, powers of the social worker as prescribed by law.

5. If deemed necessary, the competent procedural agency may request medical, psychological, educational, and social work experts to assist the juvenile who is a crime victim, witness testifier during the legal proceedings.

Article 155. Maintaining confidentiality of information of juveniles who are crime victims or witness testifiers

1. Competent procedural agencies, persons must apply appropriate measures to maintain confidentiality of personal privacy of juveniles who are crime victims or witness testifiers.  

2. It is strictly prohibited to disclose information about the full name, place of residence, education, work, images, and other identification-related information of juveniles who are crime victims or witness testifiers.

During pronouncing judgments, the Judge is not allowed to mention the full name, place of residence, education, or work of the juvenile who is a crime victim or witness testifier.

3. The court shall handle cases involving gender-based violence of juveniles or other special cases requiring juvenile protection in a secret trial.

4. Competent procedural agencies, persons must promptly request press agencies and news agencies not to publish or to remove information and images related to the case that affect the honor and dignity of juveniles who are crime victims or witness testifiers.

5. Competent procedural agencies, persons shall apply professional measures or request the competent authority to apply technical measures to protect the personal information, honor and dignity of juveniles who are crime victims or witness testifiers that are disseminated on the internet.

6. Competent procedural agencies, persons must handle, within their jurisdiction, or propose to relevant agencies or organizations to handle, any intentional dissemination of personal information of juveniles who are crime victims in cases of child abuse that affects their dignity and honor.

Article 156. Statement extraction, confrontation, identification, voice recognition, experimental investigations

1. Extraction of statements from juveniles who are crime victims and witness testifiers can be done at the place of investigation, prosecution, their place of residence or place of study, workplace, or living place, or at the facility for taking care of juveniles. Priority should be given to extracting statements at their place of residence. When extracting the testimony of juveniles who are crime victims or witness testifiers at the place of investigation or prosecution, a designated room must be arranged to ensure a friendly environment suitable for their psychology and age.

If deemed necessary, the testimony of juveniles who are crime victims or witness testifiers may be audio or video recorded.

2. During the extraction of the testimony of juveniles who are crime victims or witness testifiers, the competent procedural person must maintain a friendly attitude and use language that is easy to understand, appropriate for their age, gender, cognitive abilities, maturity level, and the specific circumstances of the family, psychological state, health, and other characteristics of the juveniles.

3. Competent procedural agencies, persons must limit the number of times of extraction of testimony from juveniles who are crime victims or witness testifiers and should only do so if deemed necessary.

4. Juveniles who are victims or witnesses should not be repeatedly questioned on the same matter. Testimony should not be taken more than twice in one day, each session not exceeding two hours, except in cases with complex circumstances. Extraction of testimony should be paused immediately if the juvenile shows signs of fatigue that may affect their ability to provide accurate and complete information.

5. During the extraction of testimony, the competent procedural person may use diagrams, models, electronic devices, or other tools to assist the extraction of testimony from juveniles who are crime victims or witness testifiers.

6. Confrontation between juveniles who are crime victims or witness testifiers and the accused persons should not be conducted unless deemed necessary for case resolution.

During the confrontation, the competent procedural person shall arrange separate rooms for the participants and use electronic devices, screens, or other protective measures to avoid affecting the psychology of the juveniles.

Confrontation with juveniles who are crime victims or witness testifiers should only be conducted once a day and not exceed two hours per session.  Competent procedural persons must immediately halt the confrontation if juveniles show signs of fatigue or stress.

7. Juveniles who are crime victims or witness testifiers have the right to refuse to participate in experimental investigations if such investigations may harm their psychological well-being.

8. During testimony, confrontation, identification, voice recognition, or experimental investigations, the juvenile’s legal representative or person protecting their lawful rights and interests must be present.  

9. During testimony, confrontation, identification, voice recognition, or experimental investigations, Investigators, Investigation Officers, Prosecutors, and Inspectors should dress appropriately, not in the uniform of the People’s Police or Prosecution.

Article 157. Inspection of traces across a body, request for expert examinations

1. Inspection of traces across a body of a juvenile who is a crime victim, witness testifier must involve their legal representative.

If deemed necessary, a doctor may be invited to participate in the inspection of traces across the body of a juvenile who is a crime victim. The examination of the genital of a juvenile who is the victim must be performed by a doctor. 

2. The inspection of traces on the body of a juvenile who is the victim or witness must be carried out as quickly as possible.

3. Only request an expert examination or take samples from the body of a minor who is the victim or witness if there are grounds to believe that it is necessary to resolve the case. When conducting an expert examination and taking samples from the body, the privacy of the juvenile must be respected.

4. The agency handling the case must perform an examination within 24 hours of discovering grounds in cases of crimes in flagrante, crimes that have just ended but are discovered, or cases that require expert examination or have grounds or documents proving an act of harming juveniles. If it is necessary to take the victim to a medical establishment for first aid or emergency care, the agency handling the case must cooperate with the medical establishment to collect samples for expert examination.

Article 158. Limiting contact with the defendant

1. The Trial Panel must limit contact between the juvenile who is the victims and witnesses and the defendant when they present their testimony at the trial.

2. During the trial, the Trial Panel must isolate the juvenile who is the crime victim and witness testifier from the defendant in the following cases:

a) Cases involving juveniles who are victims of gender-based violence, violence, or trafficking;

b) Cases involving victims under 10 years of age;

c) Other cases where the juvenile or their representative requests isolation and the Trial Panel deems it necessary to isolate them to ensure the best interests of the juvenile.

Article 159. Adjudication procedure

1. Limiting the summoning of juveniles who are crime victims or witness testifiers to participate in court if it does not affect the resolution of the case. The judge presiding over the trial shall use the juvenile’s testimony in the case file or apply other alternative measures to adjudicate the case.

The judge presiding over the trial may decide to conduct an online trial in accordance with law so that juveniles who are crime victims or witness testifiers can participate in the trial at the multi-party hearing venue. 

2. When juveniles who are victims or witnesses participate in the trial, they shall be put in an isolated room and allowed to use electronic devices; if an isolated room cannot be arranged, they shall be allowed to sit in the courtroom but must be separated from the defendant.

3. During the trial, the following requirements must be satisfied:

a) When questioning, questions must be brief, simple, and easy to understand, using language appropriate to the juvenile's age, gender, cognitive ability, and maturity level. Multiple matters shall not be asked at the same time. The questioning must pay attention to the specific characteristics of juveniles' family circumstances, psychological status, health and other characteristics;

b) If necessary, body diagrams, models, electronic devices or other tools can be used to assist the juvenile in answering questions. Juveniles who are crime victims and witness testifiers must not be asked to point to their body parts;

c) Questions that are offensive, threatening, embarrassing or insulting to juveniles who are crime victims and witness testifiers are prohibited.

4. Juveniles who are crime victims or witness testifiers are provide with conditions to be familiar with and interact with the adjudication process and procedures.

5. The Chief Justice of the Supreme People's Court shall elaborate this Article.

Article 160. Compensation for juveniles who are crime victims

1. Determination of damage and compensation for damage shall be carried out in accordance with civil laws.

2. Compensation for juveniles who are crime victims must be made promptly.

3. If life, health of the juvenile who is the crime victim is harmed and requires timely treatment but the person compensating cannot make compensation immediately, funds from the Children Protection Fund may be used. The person with the obligation to compensate must repay the Fund in accordance with applicable regulations.

4. The Government shall detail Clause 3 of this Article.

Article 161. Support for functional rehabilitation for juvenile who are victims

1. Crime victims who are under 16 years of age shall receive support and intervention in accordance with the Law on Children.

2. Victims from 16 to under 18 years of age have the right to be arranged a safe temporary residence, receive psychological counseling, medical treatment, legal aid, skills training, alternative care and other support activities as prescribed by law.

Part four

ENFORCEMENT OF IMPRISONMENT, COMMUNITY REINTEGRATION

Chapter IX

ENFORCEMENT OF IMPRISONMENT

Article 162. Facility conditions of separate prisons, prison divisions, and areas for detention for juvenile inmates in prisons

1. Separate prisons, prison divisions, and areas for detention for juvenile inmates in prisons must be arranged and designed to suit age and gender of the juveniles and ensure the following areas and facilities are available:

a) Detention area by the nature of the crime, level of sentence, gender;

b) Prison cell;

c) Facilities serving study, living, medical care;

d) Sports and entertainment area;

dd) Labor and vocational training area;

e) Visiting area;

g) Other facilities as prescribed by the Law on Enforcement of Criminal Judgments.

2. Prison cells must be cool in the summer, windproof in the winter, and environmentally hygienic The minimum sleeping area for each juvenile inmate is 2,5 m².

3. Separate prisons, prison divisions, and areas for detention for juvenile inmates must have facilities for juveniles to participate in physical education, sports, cultural and artistic activities, listen to the radio, read books and newspapers, watch television, and other appropriate forms of entertainment.

4. The arrangement of separate detention for juvenile inmates shall follow the Law on Enforcement of Criminal Judgments.

5. Based on age, gender, health, educational level, nature of crime, and sentence level, prisons shall arrange juvenile inmates into teams or groups for study, work, and participate in activities and assign prison officers of the same gender to be directly in charge.

6. Based on actual conditions, the Minister of Public Security and the Minister of National Defense shall decide to organize separate prison, prison divisions, and areas for detention for juvenile inmates.

7. The Government shall detail Clauses 1, 2, 3, 4, and 5 of this Article.

Article 163. Medical care

1. Juvenile inmates shall receive medical care, including:

a) Psychological and mental health counseling;

b) Reproductive health care;

c) Other types of medical care as prescribed by the Law on Enforcement of Criminal Judgments.

2. Juvenile inmates shall receive a medical check-up upon arrival at the detention center and a general health check once a year.

3. The Government shall detail this Article.

Article 164. Cultural education, career education, vocational training, labor

1. Prisons are responsible for educating juvenile inmates about culture, law, providing career education, vocational training appropriate to their age, educational level, gender and health. Juvenile inmates are entitled to cultural education, career education, and vocational training according to regulations of the Government.

 2. In cases where it is not possible to arrange teachers for cultural education according to regulations, prisons must cooperate with educational institutions to organize and link online classes for juvenile inmates.  The opening of online classes must ensure safety, avoid discrimination, and influence juvenile inmates and other inmates.

3. Juvenile inmates are allowed to work in accordance with their age and health; do not have to do heavy or dangerous work or exposure to toxic substances; are ensured occupational safety and hygiene.

4. The Government shall detail this Article.

Article 165. Board and lodging, clothing, cultural and artistic activities, and entertainment  

1. Juvenile inmates are guaranteed the same food ration standards as adult inmates and are given additional meat and fish, but not more than 20% of the ration.

2. In addition to receiving standard clothing and personal belongings as adult prisoners, each year juvenile inmates are provided with additional uniform clothing and other personal belongings according to applicable regulations.

3. Prisons are responsible for organizing physical education, sports, cultural and artistic activities, activities of listening to the radio, reading books and newspapers, watching television and other forms of entertainment suitable to the characteristics of juveniles.

4. Juvenile inmates are encouraged to develop their personal abilities, strengths and talents.

5. The Government shall detail this Article.

Article 106. Visits, correspondence   

1. Juvenile inmates are allowed to meet their relatives no more than 4 times in 1 month, each meeting not exceeding 4 hours. Depend on the inmate's performance grade, the requirements for education and reform, and the achievements in work and study, juvenile inmates may have their meeting time extended but not exceeding 24 hours for 1 meeting.

2. Juvenile inmates are allowed to make domestic telephone calls and video calls, calls using electronic devices with their relatives no more than 4 times in 1 month; each call shall not exceed 15 minutes, except in urgent cases. The communication must be supervised by prison officers.  The costs of communication specified in this clause shall be paid by the inmate.

3. The State encourages relatives of juvenile inmates to send books, school supplies, exercise, sports, and entertainment equipment to the inmates.

Article 167. Prison officers

Prison officers must be trained or educated in psychology and educational sciences of juveniles, or have participated in resolving cases involving juveniles.

Article 168. Commendation for juvenile inmates

1. While serving his/her prison sentence, a juvenile inmate who properly complies with prison internal regulations, makes achievements in study, work, or records merits, and shall be commended in one or more of the following forms:

a) Praise;

b) Award Certificate of Merit;

c) Reward in cash or in kind;

d) Increase of the number of domestic telephone calls and video calls, calls using electronic devices with relatives;

dd) Increase the number and duration of visits with relatives;

e) Increase the number of receipt and quantities of presents.

2. The Government shall detail this Article.

Article 169. Handling of violating juvenile inmates

1. Juvenile inmates who violate internal regulations of prisons or commit illegal acts shall, depending on the nature and severity of the violation, be subject to disciplinary action in accordance with the law on enforcement of criminal judgments. The measure of detention in a disciplinary cell shall not be applied to juvenile inmates.

2. The Government shall detail this Article.

Article 170. Transfer of inmates to other prisons, prison divisions, or detention areas to continue serving their sentences.

1. When the inmate reaches 18 years of age, he/she shall be transferred to a prison, prison division, or detention area for adults and shall be subject to the management, detention, and education for adults in accordance with the law on the enforcement of criminal judgments.

2. Juvenile inmates may be considered for transfer to another prison if it is deemed more effective for their education, rehabilitation, and reintegration into the community or when deemed necessary.

Article 171. Preparation of release of inmates

1. Two months before the juvenile inmate’s imprisonment expires, the prison must inform him/her, his/her representative, the criminal judgment enforcement agency of the district-level police, the commune-level People's Committee, the agency or organization agency or organization in which such person will return to reside and work, and inform the Ministry of Foreign Affairs in the case of a foreign juvenile inmate.

2. The notification includes: the date of release, the results of serving imprisonment and other relevant necessary information for consideration, arrangement and establishment of a normal life for that person.

3. If the release date of the juvenile inmate who has completed serving imprisonment is unknown, the prison shall notify the People's Committee of the commune where the prison is located to request assistance, arrangement of food, accommodation, and employment and study; if the commune-level People's Committee cannot arrange food and accommodation for them, the prison shall prepare a file to send them to a social protection facility in that local area.

4. For inmates under 16 years of age or sick inmates from 16 to under 18 years who have no relatives to pick them up on the day of release, the prison shall send someone to take them back to their family or the People's Committee of the commune where they reside.

5. The Government shall detail this Article.

Chapter X

COMMUNITY REINTEGRATION

Article 172. Preparation for community reintegration

1. Reform schools and prisons shall prepare for community reintegration for juveniles before they complete their educational measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole. Preparation for community reintegration includes:

a) Psychological counseling, support for legal procedures;

b) Career orientation, job seeking;

c) An amount of financial support set aside from the community integration fund of the reform school, prison.

2. The State encourages agencies, organizations, units and individuals to enable and help juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole to reintegrate into the community through the following measures:

a) Information, communication and education on community reintegration;

b) Vocational training and employment;

a) Psychological counseling, support for legal procedures;

d) Other types of assistance.

3. The Government shall detail this Article.

Article 173. Receipt, provision of assistance for juveniles reintegrating into the community

1. The Chairman of the People's Committee of the commune where the juvenile resides shall organize and provide assistance to the juvenile reintegrating into the community. The duration of assistance shall be at least 06 months from the time of receiving the juvenile.

2. Assistance for community reintegration includes:

a) Appointing one or more of the following persons to assist the juvenile in community integration: social workers, commune-level social work collaborators, representatives of the Vietnam Women's Union, the Ho Chi Minh Communist Youth Union or reputable persons in the community who have the conditions, ability and experience in educating and helping juveniles;

b) Inspecting, urging the implementation and mobilizing people in the residential area to closely cooperate with the family in helping the juvenile reintegrate into the community;

c) Providing necessary psychological assistance, support for legal procedures for the juvenile;

d) Enable the juvenile’s participation in education, labor, career orientation, vocational training, and life skill programs;

dd) Propagate, mobilize people, and implement other measures to eliminate prejudice, stigma, and discrimination against juveniles;

e) Encourage and enable agencies, organizations, educational institutions, vocational training institutions, enterprises, and individuals to receive and provide assistance in study, work, career orientation, vocational training, and job seeking for juveniles.

3. The Government shall detail this Article.

Article 174. Psychological assistance

1. Psychological assistance aims to support and assist juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole to build confidence, determination, and will to reintegrate into the community and prevent negative behaviors and violations of the law.

2. Psychological assistance includes: counseling to eliminate inferiority complexes; training in life skills and community integration skills; improving the ability to self-solve difficulties and problems in social relationships and other types of assistance.

3. Psychological assistance shall be provided in the following forms:

a) Organizing private counseling, group counseling;

b) Providing information and documents based on the need for assistance;

c) Through talks, community activities, forums;

d) Consulting through social networks, websites, emails, telephones and other means of information and communication.

Article 175. Vocational training, employment

1. Juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole are given priority in vocational training and loan support for employment in accordance with law.

2. Based on the needs of juveniles who have completed serving education measures at reformatory, juveniles whose educational measures at reformatory schools are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole, and the reality of the labor market, the employment service center shall provide free job counseling and referrals for them; monitor and report their employment status as introduced by the center to the state management agency for employment services.

3. Enterprises, organizations and individuals are not allowed to discriminate or stigmatize when recruiting or employing employees who are juveniles from 15 years of age or older because they have previously been subjected to educational measures at reformatory or have been sentenced to imprisonment.

Article 176. Responsibilities of persons appointed to assist minors in community reintegration

1. Providing psychological assistance to juveniles.

2. Proposing appropriate assistance, intervention and protection measures for juveniles during the process of community reintegration in accordance with law.

3. Providing timely support for issues arising during the process of assisting juveniles.

4. Performing other tasks assigned by the Chairman of the commune-level People's Committee.

Part five

IMPLEMENTATION CLAUSES

Article 177. Amendments, annulment of some chapters, articles of relevant laws

1. Some chapters and articles of the Criminal Code No. 100/2015/QH13, which has been amended by a number of articles under Law No. 12/2017/QH14 shall be amended and annulled as follows:

a) Chapter XII is annulled;

b) The Phrase “tư pháp” is removed from point g of clause 1 of Article 134.

2. Some chapters and articles of the Criminal Procedure Code No. 101/2015/QH13, which has been amended by a number of articles under Law No. 02/2021/QH15 and Law No. 34/2024/QH15 shall be amended and annulled as follows:

a) Amendments to Article 7:

“Article 7. Upkeep of socialist law enforcement regarding criminal procedures

Every activity of criminal procedures must abide by this Code. The processing of criminal information, filing of charges, investigation, prosecution and adjudication shall abide only by the grounds, procedures and formalities as defined by this Code. Lodging and processing of criminal information, filing of charges, investigation, prosecution and adjudication in respect of juveniles must also comply with the Law on Juvenile Justice.";

b) The phrase “quyết định giao người dưới 18 tuổi cho cơ quan, tổ chức, cá nhân có trách nhiệm giám sát; quyết định thay đổi người giám sát người dưới 18 tuổi phạm tội;” (“decisions on the entrustment of persons under 18 to authorities and entities in charge of supervision”) at Point d of Clause 1 of Article 37 and Point h of Clause 1 of Article 42 shall be removed;

c) Point d of clause 1 of Article 39 is annulled;

d) The phrase “thay đổi người giám sát người dưới 18 tuổi phạm tội;” (“change of supervisors for perpetrators under 18") at Point e of Clause 2 of Article 45 shall be removed;

d) The phrase “hoặc có căn cứ quy định tại Điều 16 hoặc Điều 29 hoặc khoản 2 Điều 91 của Bộ luật Hình sự” ("or as per justifications prescribed in Article 16 or Article 29 or Clause 2 of Article 91 of the Criminal Code") shall be replaced with the phrase “hoặc có căn cứ quy định tại Điều 16 hoặc Điều 29 của Bộ luật Hình sự hoặc người chưa thành niên được áp dụng biện pháp xử lý chuyển hướng theo quy định của Luật Tư pháp người chưa thành niên” ("or as per justifications prescribed in Article 16 or Article 29 of the Criminal Code" or juveniles eligible for diversion measures as prescribed in Law on Juvenile Justice”) at Point a of Clause 1 of Article 230 and Clause 1 of Article 248;  

e) The phrase “hoặc người chưa thành niên được áp dụng biện pháp xử lý chuyển hướng theo quy định của Luật Tư pháp người chưa thành niên” ("juveniles eligible for diversion measures as prescribed in Law on Juvenile Justice") shall be added to after the phrase “của Bộ luật này” ("of this Code") at Point a of Clause 1 of Article 282;

g) The phrase "or clause 2 of Article 91” in Article 285 shall be removed;

h) Amendments to clause 2 of Article 330:

"2. The decisions in a first instance court, which are appealed, refer to decisions to suspend or dismiss the case or lawsuit against suspects and defendants and other decisions in the first instance court as per this Code and the Law on Juvenile Justice.”;

i) Chapter XXVIII shall be annulled;

e) The phrase “và quyết định tố tụng quy định tại chương VII và chương VIII của Luật Tư pháp người chưa thành niên” ("and procedural decisions prescribed in Chapter VII and Chapter VIII of the Law on Juvenile Justice") shall be added to after the phrase “của Bộ luật này” ("of this Code") at Clause 1 of Article 470;

l) The phrase “and proceedings prescribed in Chapter VII and Chapter VIII of the Law on Juvenile Justice” shall be added to after the phrase "of this Code" at Clause 2 of Article 470;

3. Some articles of Law on Enforcement of Criminal Judgments No. 41/2019/QH14 shall be amended and annulled as follows:

a) The phrase “, giáo dục tại trường giáo dưỡng” (“, education at reformatory”) shall be removed from clause 4 of Article 2;

b) Clause 15 of Article 3, Point b of Clause 1 of Article 132, Clause 2 of Article 133, Clause 2 of Article 135, Section 4 of Chapter III and Section 3 of Chapter X shall be annulled;

c) The phrase “hoặc người chấp hành biện pháp tư pháp giáo dục tại trường giáo dưỡng” ("or persons serving educational measures at reformatory") shall be removed from Clause 17 of Article 3.

4. The phrase “biện pháp khiển trách, hòa giải tại cộng đồng hoặc biện pháp giáo dục tại xã, phường, thị trấn khi được miễn trách nhiệm hình sự” ("reprimand, community conciliation or edification at the commune, ward or town when being exempted from criminal liability") shall be replaced with the phrase “biện pháp xử lý chuyển hướng tại cộng đồng” (“community-bases diversion measures) in Clause 1 of Article 71 of the Law on Children No. 102/2016/QH13, which has been amended by a number of articles under Law No. 28/2018/QH14.

5. Some articles of the Law on Civil Judgment Enforcement No. 26/2008/QH12 have been amended by a number of articles under Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14, Law No. 03/2022/QH15, Law No. 31/2024/QH15 and Law No. 43/2024/QH1 shall be amended as follows:

a) The phrase "of the Court, the diversion measure of damage compensation in the decision on applying diversion measure of the Investigation authority, the Procuracy, the Court" shall be added after the phrase "criminal decision" in Article 1;

b) Addition of clause 3 after clause 2 of Article 2:

“3. Decision on applying diversion measure of damage compensation of the Investigation authority, the Procuracy, the Court shall have legal effect.”.

6. Some clauses of Article 7 of Law on Legal Aid No. 11/2017/QH14 shall be amended and annulled as follows:

a) Amendments to clause 5:

“5. Persons from 16 to under 18 years of age who are persons facing denunciation or requisitions for charges, persons held in emergency custody, persons facing charges, crime victims, witness testifiers, persons serving diversion measures, and inmates.”;

b) Point dd of clause 7 shall be annulled.

7. Point a of Clause 1 of Article 31 of the Law on Residence No. 68/2020/QH14 shall be amended as follows:

“a) The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole; is serving community-based diversion measure, or serving educational measure at reformatory but is granted postponement, suspension of sentence enforcement, and leaves the commune-level administrative unit where they are residing for 01 day or more;”.

Article 178. Effect

1. This Law comes into force from January 1, 2026, except for the case specified in Clause 2 of this Article.

2. Article 139, Clause 1 and Clause 2 of Article 162 of this Law comes into force from January 1, 2028.

Article 179. Transitional provisions

1. From January 1, 2026:

a) For cases in processing of criminal information, filing of charges, investigation, prosecution, and adjudication of first instance that have not been completed by January 1, 2026, the regulations of this Law shall apply to resolve the case, except for the investigation period, the period for deciding on prosecution or the period for preparing for first-instance trials, the period for temporary detainment, the period for detention, and the separation of cases, which shall comply with Criminal Procedure Code. In cases where the investigation, prosecution, and adjudication stages do not involve the participation of social workers in the proceedings, the Investigation Authority, the Procuracy, and the Court shall request social workers to participate in the proceedings in accordance with this Law.

If the remaining investigation period, the period for deciding on prosecution, or the period for preparing for the first instance trial is not enough to fully apply the diversion procedure but there are grounds for applying the diversion measures prescribed in Articles 35, 37, and 39 of this Law, the presiding authority handling the case shall review and issue a decision to apply the diversion measures to the juvenile;

b) For cases in the stage of second-instance trial that have not ended by January 1, 2026, the second-instance court must base on the regulations of this Law to continue handling the case, except for the period for preparing for the second-instance trial and the period of detention, which shall comply with the Criminal Procedure Code.

If there are grounds for applying the diversion measures prescribed in Articles 35, 37 and 39 of this Law, the Trial Panel shall amend the first-instance judgment and decide to apply the diversion measures in the second-instance judgment;

c) For cases that are being handled and resolved by the Agency assigned to conduct a number of investigation activities within the authority prescribed in the Criminal Procedure Code but have not been completed by January 1, 2026, the authority to resolve the case shall comply with the Criminal Procedure Code until the investigation is completed;

d) For suspects and defendants who are being held in detention under the Criminal Procedure Code but have not been held in detention under the regulations of this Law by January 1, 2026, the Procuracy and the Court shall decide to cancel the detention measure currently applied or replace it with another preventive measure in accordance with this Law and the Criminal Procedure Code;

dd) For judgments and decisions of the Court that have come into effect but have not been enforced or have not been fully enforced by January 1, 2026, the regulations of this Law and relevant laws shall be applied for enforcement.

2. The clauses and articles of this Law on warnings, fines, definite-term imprisonment, decisions on penalties in cases of preparing to commit a crime, attempted crime, reduction of the imposed penalty, suspended sentences, postponement of execution of imprisonment, parole, expungement of convictions and other favorable provisions for offenders as prescribed in Chapter VI of this Law shall apply from the date of issuance of this Law.

3. The clauses and articles of this Law on diversion measures, warnings, fines, definite-term imprisonment, decisions on penalties in cases of preparing to commit a crime, attempted crime, reduction of the imposed penalty, suspended sentences, postponement of execution of imprisonment, parole, expungement of convictions and other favorable provisions for offenders as prescribed in Chapters III and VI of this Law shall apply crimes that occurred before 0:00 on January 1, 2026 but were discovered after that time, are being investigated, prosecuted, adjudicated or to those who are being considered for a reduction in the term of the sentence, postponement of execution of the imprisonment, or expungement of convictions.

4. For criminal acts for which a court judgment or decision has come into effect before January 1, 2026, regulations of this Law shall not be use as legal basis if they have different contents from the regulations of the law that were applied when the judgment was pronounced to lodge protests through the cassation procedure, except in cases of violations of the provisions in Clause 2 of this Article; in cases where the appeal is based on other grounds or has been appealed before January 1, 2026, the cassation review must comply with the provisions in Clauses 2 and 3 of this Article.

5. In case the offender has been sentenced to imprisonment before the date this Law is promulgated in accordance with previous documents and the judgment has come into legal effect, if the offender is from 14 to under 16 years of age who subject to imprisonment of more than 09 years and does not fall under the cases specified in Clause 4 of Article 119, Article 121 and Article 122 of this Law or the offender is from 16 to under 18 years of age and who subject to imprisonment of more than 15 years and does not fall under the cases specified in Clause 2 of Article 119, Article 121 and Article 122 of this Law, from the date this Law is promulgated, the case shall be resolved as follows:

a) In case they have served a term equal to or exceeding the maximum imprisonment prescribed in Clause 1 and Clause 3 of Article 119 of this Law, the prison shall review and submit an application to the Chief Justice of the Provincial People's Court or the Chief Justice of the Military Court of the military zone where they are serving their sentence on exemption from serving the remaining imprisonment;

b) In case they have served a part of their sentence but not yet reached the maximum term of imprisonment prescribed in Clause 1 and Clause 3 of Article 119 of this Law, the prison shall review and submit an application to the Chief Justice of the Provincial People's Court or the Chief Justice of the Military Court of the military zone where they are serving their sentence to decide to reduce the duration of the sentence to 09 years for offenders from 14 to under 16 years of age or 15 years for offenders from 16 to under 18 years of age;

c) In case they are being granted a postponement of imprisonment, the criminal judgment enforcement agency of the district-level police or the criminal judgment enforcement agency of the military zone shall review and submit an application to the Chief Judge of the Court that issued the decision on sentence enforcement to reduce the term of the sentence to 09 years for offenders from 14 to under 16 years of age or 15 years for offenders from 16 to under 18 years of age.

6. In case a juvenile is sentenced to imprisonment but given a suspended sentence before the date of issuance of this Law in accordance with previous documents and the judgment has come into effect, if their probation period is more than 03 years from the date this Law is promulgated, the case shall be resolved as follows:

a) In case they have served a probation period equal to or exceeding 03 years, the criminal judgment enforcement agency of the district-level police shall submit an application to the Chief Judge of the district-level People's Court, the Chief Judge of the Military Court of the area where they reside to decide to shorten the remaining probation period;

b) In case they have served a part of the probation period but less than 03 years, the criminal judgment enforcement agency of the district-level Police shall submit an application to the Chief Judge of the district-level People's Court, the Chief Judge of the Military Court of the area where they reside to decide to shorten the probation period to 03 years.

7. When implementing the regulations of Clauses 5 and 6 of this Article, the Court must explain to the person who is exempted from serving the remaining term of imprisonment, has their sentence reduced, or has the probationary period of the suspended sentence shortened that the exemption, reduction, or shortening is due to the new humane criminal policy of our State, and not a wrongful conviction caused by the presiding agency; therefore, they do not have the right to request compensation for damages according to the provisions of the Law on State Compensation Liability.

This Law was passed by the 15th National Assembly of the Socialist Republic of Vietnam, 8th session on November 30, 2024.

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man