Who are subject to educational measures in communes, wards and towns?

Reply:

Educational measures at communes, wards and towns are administrative measures applied to monitor, manage and educate law violators at their place of residence, helping them correct their mistakes and overcome the causes and conditions leading to law violations when it is deemed unnecessary to isolate them from the community.

Clause 2, Article 5, Decree 120/2021/ND-CP stipulates the subjects subject to educational measures at communes, wards and towns as follows:

a) A person from 12 to under 14 years old who commits an act showing signs of a very serious intentional crime as prescribed in the Penal Code shall have a statute of limitations of 01 year from the date of committing the violation;

b) A person from 14 to under 16 years of age who commits an act showing signs of a serious intentional crime as prescribed in the Penal Code shall have a statute of limitations of 06 months from the date of committing the violation;

c) A person from 14 to under 16 years old who has been administratively sanctioned twice and has had an administrative violation record drawn up for the third violation within 6 months for one of the following acts: disturbing public order, stealing property, gambling, fraud, illegal racing, the statute of limitations is 6 months from the date of the last violation;

d) A person from 16 to under 18 years old who has been administratively sanctioned twice and has had an administrative violation record drawn up for the third violation within 6 months for one of the following acts: insulting the dignity and honor of another person, causing injury or harm to the health of another person, illegally occupying property, destroying or intentionally damaging another person's property, disturbing public order, stealing property, gambling, fraud, illegal racing but not a crime, the statute of limitations is 6 months from the date of the last violation of one of these acts;

d) For persons aged 14 years or older who have been administratively sanctioned twice and have had an administrative violation record drawn up for the third violation within a period of 6 months for illegal use of narcotics, the statute of limitations is 3 months from the date of the last violation;

e) A person aged 18 or older who has been administratively sanctioned twice and has had an administrative violation record drawn up for the third violation within 6 months for one of the following acts: insulting the dignity and honor of another person, causing injury or harm to the health of another person, illegally occupying property, destroying or intentionally damaging another person's property, disturbing public order, stealing property, gambling, fraud, illegal racing, abusing or torturing his/her grandparents, parents, spouse, children, grandchildren or the person who raised him/her but is not a criminal, the statute of limitations is 6 months from the date of the last commission of one of these violations.

Accordingly, depending on the violation, the age at which the measure can be applied will be different, but the youngest age at which educational measures can be applied at the commune, ward or town level is from 12 years old when committing an act showing signs of a very serious intentional crime as prescribed in the current Penal Code.

On the authority to decide on applying educational measures in communes, wards and towns:

According to Article 7 of Decree 120/2021/ND-CP, the person with the authority to decide on applying educational measures at communes, wards and towns includes:

- Chairman of the People's Committee of the commune, ward or town (hereinafter referred to as the People's Committee at the commune level) where the violator resides;

- Chairman of the People's Committee of the commune where the social protection facility receiving minors without stable residence is located;

- Chairman of the People's Committee of the commune where the person aged 18 years or older was last found to have illegally used drugs and had no stable residence.