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GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 333/2025/ND-CP |
Hanoi, December 18, 2025 |
ELABORATING CERTAIN COMMUNITY-BASED DIVERSION MEASURES; RESPONSIBILITIES AND PROCEDURES FOR COMMUNITY-BASED DIVERSION; APPLICATION OF ELECTRONIC MONITORING MEASURES AND COMMUNITY REINTEGRATION TO JUVENILE DELINQUENTS
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Vocational Education No. 74/2014/QH13;
Pursuant to the Criminal Code No. 100/2015/QH13, amended by Law No. 12/2017/QH14 and Law No. 86/2025/QH15;
Pursuant to the Criminal Procedure Code No. 101/2015/QH13, amended by Law No. 02/2021/QH15 and Law No. 99/2025/QH15;
Pursuant to the Law on Children No. 102/2016/QH13, amended by Law No. 28/2018/QH14;
Pursuant to the Law on Execution of Criminal Judgments No. 41/2019/QH14;
Pursuant to the Labor Code No. 45/2019/QH14;
Pursuant to the Law on Juvenile Justice No. 59/2024/QH15, amended by Law No. 85/2025/QH15;
At the request of the Minister of Public Security of Vietnam;
The Government of Vietnam hereby promulgates the Decree elaborating certain community-based diversion measures; responsibilities and procedures for community-based diversion; application of electronic monitoring measures and community reintegration to juvenile delinquents.
This Decree elaborates on Articles 48, 49, 73, 75, 79, 80, 82, 89, 91, 139, and 173 of the Law on Juvenile Justice No. 59/2024/QH15, amended by Law No. 85/2025/QH15 (hereinafter referred to as “the Law on Juvenile Justice”).
1. Agencies, organizations, individuals, and families involved in the implementation of community-based diversion measures, electronic monitoring (EM) measures, and the provision of support to juveniles for community reintegration.
2. Juvenile delinquents; persons serving community-based diversion measures; subjects or defendants under EM; juveniles who have completed educational measures at reformatories, juveniles whose educational measures at reformatories are terminated early, juveniles who have completed serving imprisonment, juveniles who are granted pardon, and juveniles under parole residing in local areas (hereinafter referred to as “juveniles reintegrating into the community”).
DIVERSION MEASURES OF PARTICIPATION IN EDUCATIONAL AND VOCATIONAL TRAINING PROGRAMS AND PARTICIPATION IN PSYCHOLOGICAL TREATMENT OR COUNSELING
Article 3. Participation in educational and vocational training programs
1. Social workers shall reach an agreement and cooperate with educational institutions and vocational education institutions in determining specific contents and educational or vocational training programs appropriate to the juvenile’s educational level, age, and gender.
2. Juvenile delinquents shall participate in education, vocational training, or both education and vocational training in accordance with the diversion plan developed by the social worker, consistent with the training programs of the educational institutions or vocational education institutions.
3. The minimum duration of training shall be 3 months and shall not exceed 1 year.
4. Forms of education and vocational training include:
a) In-person attendance at educational institutions or vocational education institutions selected by the presiding authorities;
b) In cases of force majeure such as natural disasters, epidemics, or objective obstacles, the educational institutions or vocational education institutions selected by the presiding authorities shall cooperate with the person directly supervising the execution of the decision on the application of diversion measures (hereinafter referred to as “the direct supervisor”) in submitting reports to the President of the commune-level People’s Committee, allowing the juvenile delinquent to participate in online education or vocational training programs. Online learning must meet the requirements of the training program.
5. Educational institutions and vocational education institutions selected by the presiding authorities shall have the following responsibilities:
a) Receive, monitor, guide, and train juvenile delinquents participating in educational and vocational training programs;
b) Cooperate with the direct supervisor in developing plans for the execution of decisions on the application of diversion measures involving participation in educational and vocational training programs;
c) Periodically assess the compliance status and learning or training results of juvenile delinquents participating in educational and vocational training programs on a monthly basis, or an ad hoc basis upon request, or when such juvenile delinquents violate relevant obligations, and send such assessments to the direct supervisor for reporting to the President of the commune-level People’s Committee;
d) Manage juvenile delinquents participating in educational and vocational training programs during their period of study at educational institutions or vocational education institutions;
dd) Upon completion of the education or vocational training period, issue a written evaluation of the learning or training results of juvenile delinquents participating in educational and vocational training programs and send it to the direct supervisor, or issue vocational training certificates to participants who meet the prescribed conditions.
Article 4. Participation in psychological treatment or counseling
1. Social workers shall reach an agreement and cooperate with medical examination and treatment establishments, or relevant organizations/individuals, in determining appropriate psychological treatment or counseling suitable to the age and gender of the juvenile.
2. Forms of psychological treatment or counseling include:
a) Direct participation at medical examination and treatment establishments or other organizations competent to provide psychological treatment or counseling;
b) Participation in psychological treatment or counseling at the place of residence of the juvenile delinquent.
3. Persons assigned by medical examination and treatment establishments or other organizations competent to provide psychological treatment or counseling to conduct psychological treatment or counseling at the place of residence of the juvenile delinquent shall cooperate with the direct supervisor and the juvenile’s family in managing and providing psychological treatment or counseling.
4. Medical examination and treatment establishments and other organizations competent to provide psychological treatment or counseling, as selected by the presiding authorities, shall have the following responsibilities:
a) Receive, monitor, conduct medical examination and treatment, or provide psychological treatment or counseling to juvenile delinquents participating in psychological treatment or counseling;
b) Develop intervention plans and prepare dossiers for juvenile delinquents participating in psychological treatment or counseling;
c) Periodically assess the results of medical treatment or psychological treatment or counseling on a monthly basis, an ad hoc basis, or when participants violate relevant obligations, and send such assessments to the direct supervisor for reporting to the President of the commune-level People’s Committee.
RESPONSIBILITIES AND PROCEDURES FOR COMMUNITY-BASED DIVERSION
Article 5. Agencies, organizations, and individuals responsible for execution of decisions on application of community-based diversion measures
1. The commune-level People’s Committee, where persons serving community-based diversion measures reside, shall have the following tasks and powers:
a) Perform the tasks and powers prescribed in Clause 1 Article 73 of the Law on Juvenile Justice;
b) Develop plans for the implementation of community-based diversion measures and assign specific tasks to agencies, organizations, and individuals in the execution of decisions on the application of diversion measures;
c) Support persons serving community-based diversion measures in ensuring their right to have a legal representative, to be treated equally, to receive full and timely information, to have personal privacy protected, to receive legal aid, and to enjoy preferential policies regarding health care, cultural education, career guidance education, vocational training, and labor applicable to juveniles in accordance with regulations;
d) Cooperate with socio-political organizations, families, and agencies or organizations where persons serving community-based diversion measures study or work during the process of education, management, assistance, and assessment of their compliance with community-based diversion measures;
dd) Make decisions on the replacement of the direct supervisor upon proposal of the commune-level police authority;
e) Issue certificates of completion of community-based diversion measures;
g) Organize preliminary and final reviews of the implementation of community-based diversion measures in its area.
2. The commune-level police authority, where persons serving community-based diversion measures reside, shall act as the focal point and advise and assist the commune-level People’s Committee in performing the tasks and powers prescribed in Clause 1 of this Article, and shall have the following tasks and powers:
a) Perform the tasks and powers prescribed in Clause 2 Article 73 of the Law on Juvenile Justice;
b) Propose that the President of the commune-level People’s Committee issues certificates of completion of community-based diversion measures;
c) Advise the President of the commune-level People’s Committee on notifying the authority that has issued the decision on the application of diversion measures of cases of suspension of the execution of decisions on the application of diversion measures;
d) Advise the President of the commune-level People’s Committee on developing plans for the implementation of community-based diversion measures within the first 5 days of the first quarter, conducting preliminary reviews biannually, and conducting annual final reviews of the implementation of community-based diversion measures;
dd) Assess, classify, and include in assessment reports the performance and results of the execution of decisions on the application of diversion measures by the direct supervisor;
e) Cooperate with the direct supervisor in reviewing cases eligible for proposing early termination of the execution of community-based diversion measures.
3. Relevant agencies, organizations, and individuals shall have the following tasks and powers:
a) Perform the tasks and powers prescribed in Clause 3 Article 73 of the Law on Juvenile Justice;
b) Monitor the activities, sentiments, aspirations, advantages, and difficulties of persons serving community-based diversion measures to agree on appropriate educational and supportive measures;
c) Proactively report to the commune-level People’s Committee and commune-level police authority upon detecting signs or acts of violation by persons serving community-based diversion measures to adopt appropriate managerial and educational measures.
4. With respect to the execution of decisions on the application of diversion measures involving compensation for damage issued by the Investigation Authority or the Procuracy:
The direct supervisor shall cooperate with the competent civil judgment enforcement authority in ascertaining the results of compensation for damage; urge enforcement in cases where the juvenile delinquent, their parents, or guardians have not complied with regulations; and report the results to the President of the commune-level People’s Committee.
Article 6. Responsibilities and rights of direct supervisors in execution of decisions on application of diversion measures
1. The direct supervisor shall have the following responsibilities:
a) Perform the responsibilities prescribed in Clause 1 Article 79 of the Law on Juvenile Justice;
b) On a monthly basis, require persons serving community-based diversion measures to report on their compliance with community-based diversion measures;
c) Advise the commune-level police authority on assessing advantages and difficulties in the execution of decisions on the application of diversion measures, and propose remedial measures.
2. The direct supervisor shall have the right to participate in training courses organized by the commune-level People’s Committee to improve skills, knowledge, and experience in educating and supporting juveniles, or to participate in other training programs.
Article 7. Selection and replacement of the direct supervisor in the execution of decisions on the application of diversion measures
1. Immediately upon receipt of a decision on the application of diversion measures, the commune-level police authority shall record the decision in the monitoring register, specifying the time of receipt; review the contents of the decision, and if any inaccuracies in information are detected, advise the President of the commune-level People’s Committee on issuing a written request to the decision-issuing authority for amendment or supplementation.
2. The Head of the commune-level police authority shall issue a decision assigning cadres to perform the tasks and powers prescribed in Clause 2 Article 5 of this Decree. Where there is a change of the assigned cadre, a decision on replacement assignment shall be issued.
3. Replacement of the direct supervisor:
The commune-level police authority shall propose to the President of the commune-level People’s Committee the replacement of the direct supervisor in cases where the direct supervisor no longer satisfies the conditions to continue performing assigned tasks due to a change of residence, a change of workplace, failure to ensure adequate health, or failure to fulfill assigned tasks as a result of not performing one or more of the responsibilities prescribed in Clause 1 Article 6 of this Decree.
4. Procedures for replacing the direct supervisor:
a) Where the grounds prescribed in Clause 3 of this Article exist, within 3 working days, the Head of the commune-level police authority shall propose that the President of the commune-level People’s Committee issues a decision on replacement;
b) Upon receipt of the proposal from the commune-level police authority, within 3 working days, the President of the commune-level People’s Committee shall consider and decide the replacement. In case of refusal to approve the replacement, a written notification specifying the reasons shall be provided;
c) The replacement decision shall be sent to the commune-level police authority, the replacing person, the person being replaced, persons serving community-based diversion measures, their legal representatives, and shall be kept on file.
Article 8. Development of plans for execution of decisions on application of diversion measures
1. Within 5 working days from the date of receipt of the assignment decision, the direct supervisor shall develop a draft plan for the execution of decisions on the application of diversion measures and submit it to the President of the commune-level People’s Committee for approval. Opinions and aspirations of persons serving community-based diversion measures, as well as those of their parents or guardians, may be consulted in the development of the draft plan.
2. In addition to the contents prescribed in Clause 2 Article 80 of the Law on Juvenile Justice, the plan for the execution of decisions on the application of diversion measures shall specify the time for implementation of tasks, reporting contents, and deadlines for submission of reports, for implementation by the direct supervisor and persons serving community-based diversion measures.
3. The direct supervisor shall urge relevant agencies, organizations, and individuals to perform their responsibilities in accordance with the plan, and shall report and propose to the President of the commune-level People’s Committee solutions or adjustments to the plan in cases where the diversion measures are inappropriate, or difficulties arise in the implementation of the plan.
Article 9. Dossiers for execution of decisions on the application of diversion measures
1. Within 5 working days from the date of receipt of a decision on the application of diversion measures, the commune-level police authority shall prepare a dossier for the execution of such a decision.
2. The dossier shall include the following documents:
a) The decision on the application of diversion measures;
b) The decision of the Head of the commune-level police authority on the assignment of cadres;
c) The decision approving the list of persons supervising the execution of the decision on the application of diversion measures in the area; the decision assigning the direct supervisor for the execution of the decision on the application of diversion measures;
d) The record of notification of the execution of the decision on the application of diversion measures;
dd) The written commitment to complying with obligations by the person serving community-based diversion measures;
e) The plan for the execution of the decision on the application of diversion measures;
g) Documents concerning absence from the place of residence or change of residence of the person serving community-based diversion measures (if any);
h) Documents concerning violations of obligations by the person serving community-based diversion measures (if any);
i) The consolidated report on the results of completion of diversion measures;
k) The decision on early termination of the execution of diversion measures (if any);
l) Documents concerning extension of the period of performance of obligations (if any);
m) Documents concerning changes of diversion measures (if any);
n) Periodic and ad hoc reports;
o) The certificate of completion of community-based diversion measures;
p) Other relevant documents.
3. Where the person serving community-based diversion measures changes their place of residence, the commune-level People’s Committee assigned to execute the decision on the application of diversion measures shall issue a written transfer of the dossier to the commune-level People’s Committee of the place to which such person relocates.
4. The handover of the dossier shall be documented in writing and kept on file as part of the dossier for the execution of the decision on the application of diversion measures.
5. The commune-level police authority shall close the dossier in the following cases:
a) Suspension of the execution of the decision on the application of diversion measures;
b) The person serving community-based diversion measures is issued a certificate of completion of community-based diversion measures.
6. The preparation, registration, management, use, and closure of dossiers for the execution of decisions on the application of diversion measures shall be carried out in accordance with the regulations and guidelines of the Ministry of Public Security of Vietnam.
Article 10. Procedures for handling persons serving community-based diversion measures who violate obligations
1. Where a person serving community-based diversion measures violates any of the obligations prescribed in Clause 2 Article 23 of the Law on Juvenile Justice, the direct supervisor shall cooperate with the commune-level police authority in preparing a record of the violation of obligations. The record of violation shall contain the following main contents:
a) Time and place;
b) Participants involved in the preparation of the record;
c) Full name, year of birth, gender, place of residence, the community-based diversion measures to be served, and the period of execution of the person serving community-based diversion measures;
d) Time of violation;
dd) Description of the violation;
e) Proposed form of handling;
g) Opinions of the violator;
h) Opinions of the representative of the person serving community-based diversion measures.
2. Participants in the preparation of the record shall include: a representative of the commune-level police authority (presiding official); the direct supervisor (secretary); the person serving community-based diversion measures; the representative of the person serving community-based diversion measures; witnesses (if any); and victims (if any). The record shall be immediately sent to the President of the commune-level People’s Committee for consideration of extending the period of obligation performance or changing the community-based diversion measures.
3. Cases of extension of the period of obligation performance:
a) The person serving community-based diversion measures intentionally violates an obligation once during the period of obligation performance, except for the obligation to compensate for damage prescribed in Clause 3 Article 42 of the Law on Juvenile Justice, and receives an average assessment and classification result for 3 consecutive months;
b) The person serving community-based diversion measures intentionally violates an obligation twice during the period of obligation performance, except for the obligation to compensate for damage as prescribed in Clause 3 Article 42 of the Law on Juvenile Justice, and receives an average assessment and classification result for the immediately preceding month immediately preceding the second violation.
4. Cases of changing community-based diversion measures to educational measures at reformatories:
a) The person serving community-based diversion measures intentionally violates an obligation once during the extended period of obligation performance and receives an average or poor assessment and classification result for 2 consecutive months;
b) The person serving community-based diversion measures intentionally violates obligations twice and receives a poor assessment and classification result for the immediately preceding month, or intentionally violates obligations three times during the period of obligation performance;
c) The person serving community-based diversion measures violates obligations two or more times during the extended period of obligation performance.
Article 11. Early termination of execution of community-based diversion measures
1. Persons serving community-based diversion measures prescribed in Clauses 4, 5, and 6 Article 36 of the Law on Juvenile Justice may have the execution of such measures terminated ahead of time when fully meeting the following conditions:
a) Having executed at least half of the duration of the application of the community-based diversion measure;
b) Having made significant progress, defined as having at least two-thirds of the months already served classified by the commune-level police authority as good or higher.
2. By the 20th day of every month, the commune-level police authority shall cooperate with the direct supervisor to review cases that fully meet the conditions prescribed in Clause 1 of this Article and advise the President of the commune-level People’s Committee on carrying out procedures for proposing early termination of the execution of community-based diversion measures.
Article 12. Evaluation, classification, reporting, and notification during execution of diversion measures
1. The person serving community-based diversion measures shall carry out reporting as follows:
a) Within the first 3 working days of every month, they shall submit a report on the execution of diversion measures for the immediately preceding month to the direct supervisor;
b) Upon request of the commune-level police authority or the direct supervisor, they shall report on the execution of diversion measures.
2. The direct supervisor shall carry out evaluation and reporting as follows:
a) Within the first 5 working days of every month, the direct supervisor shall submit an evaluation and assessment report on the situation and results of the execution of the decision on diversion measures for the immediately preceding month to the commune-level police authority (enclosed with the report on the execution of diversion measures submitted by the person serving community-based diversion measures), for reporting to the President of the commune-level People’s Committee and for keeping on file;
b) Where the person serving community-based diversion measures violates their obligations, the direct supervisor shall immediately submit a report to the commune-level police authority for reporting to the President of the commune-level People’s Committee;
c) Before the expiration of the period of execution of the decision on diversion measures, or immediately after receiving a decision on early termination of the execution of diversion measures, the direct supervisor shall submit a consolidated report on the results of completion of the diversion measures to the commune-level police for reporting to the President of the commune-level People’s Committee.
3. The Head of the commune-level police authority shall carry out assessment, classification, and reporting as follows:
a) Every month, after receiving the report from the direct supervisor, the commune-level police authority shall conduct an assessment and classification of the person serving community-based diversion measures and include such contents in the report before submitting it to the President of the commune-level People’s Committee;
b) Immediately after receiving the report from the direct supervisor regarding a violation of obligations by the person serving community-based diversion measures, the commune-level police authority shall submit a report to the President of the commune-level People’s Committee, enclosed with the record of violation and relevant documents (if any);
c) Immediately after receiving the consolidated report on completion of diversion measures from the direct supervisor, the commune-level police authority shall conduct an assessment of the results of fulfillment of obligations by the person serving community-based diversion measures, submit such assessment to the President of the commune-level People’s Committee, and keep it on file.
4. The commune-level People’s Committee shall carry out confirmation of reports and notifications as follows:
a) Immediately after receiving the evaluation and assessment report on the situation and results of the execution of the decision on diversion measures submitted by the commune-level police authority, the President of the commune-level People’s Committee shall confirm the report;
b) Within 3 working days from the date of receipt of the record of violation and the report on the violation of obligations by the person serving community-based diversion measures, the President of the commune-level People’s Committee shall prepare a dossier to request the authority that has issued the decision on the application of diversion measures to extend the period of performance of obligations or to change the diversion measures.
5. Criteria for assessment and classification of persons serving community-based diversion measures:
a) Excellent: Fully complying with obligations as prescribed in Clause 2 Article 23 of the Law on Juvenile Justice, and being awarded a certificate of merit or higher, or receiving written commendation or certification of commendation;
b) Good: Fully complying with obligations as prescribed in Clause 2 Article 23 of the Law on Juvenile Justice;
c) Average: Fully complying with obligations as prescribed in Clause 2 Article 23 of the Law on Juvenile Justice, but reporting themselves late or submitting reports more than 15 days past the deadline without a legitimate reason;
d) Poor: Violating obligations prescribed in Clause 2 Article 23 of the Law on Juvenile Justice, or committing a new offense, except for cases specified in Point a Clause 1 Article 92 of the Law on Juvenile Justice. A person previously assessed or classified as poor, if later evaluated by the direct supervisor as having made significant progress, may be re-assessed or re-classified as average before being classified as good, except where they are awarded a certificate of merit or higher, or have written commendation or certification of commendation.
6. Timeframe for monthly evaluation, assessment, and classification: The period shall be calculated from the first day to the last day of the evaluation, assessment, and classification month. For the first month, the period shall be calculated from the date of commencement of execution of the decision to the last day of that month. For the final month, the period shall be calculated from the first day of the month to the date of completion of the community-based diversion measures.
Article 13. Issuance of certificates of completion of community-based diversion measures
1. A person serving community-based diversion measures shall be issued a certificate of completion of community-based diversion measures in the following cases:
a) Having completed the community-based diversion measures;
b) Having the execution of community-based diversion measures terminated early.
2. Procedures for issuance of the certificate of completion of community-based diversion measures:
a) Within 5 working days before the expiry of the period of execution of the decision on the application of community-based diversion measures, or immediately after receipt of a decision on early termination of the execution of community-based diversion measures, the direct supervisor shall prepare a consolidated report on the results of the execution of the community-based diversion measures and submit it to the commune-level police authority for assessment of the results before forwarding the report to the President of the commune-level People’s Committee;
b) Immediately after receiving the report from the direct supervisor, the Head of the commune-level police authority shall advise the President of the commune-level People’s Committee on signing the certificate of completion of community-based diversion measures and issuing it to the person serving community-based diversion measures on the last day of the execution period;
c) The commune-level police authority shall send the certificate of completion of community-based diversion measures to the legal representative of the person serving community-based diversion measures, the authority that has issued the decision on the application of community-based diversion measures, and keep it on file regarding the decision on the application of community-based diversion measures.
IMPLEMENTATION OF ELECTRONIC MONITORING (EM) MEASURES
Article 14. Scope of EM and EM devices
1. The scope of EM shall be limited to the commune where juveniles who are suspects or defendants under EM reside.
2. An EM device is an electronic device used to monitor, collect, and transmit data on the activities of juveniles who are suspects or defendants under EM. Such a device may be attached to the person or to an object that the person is required to carry.
3. The wearing of an EM device must ensure that it does not interfere with the wearer’s daily activities or personal hygiene and must not be abused to engage in discriminatory treatment within the community.
Article 15. Responsibilities of agencies, organizations, individuals, and families in execution of EM
1. The commune-level People’s Committee where suspects or defendants under EM reside shall:
a) Organize the execution of the decision on EM with respect to juveniles who are suspects or defendants;
b) Notify the authority that has issued the decision on the application of EM of the results of the application of EM;
c) Request the authority that has issued the decision on the application of EM to grant written permission for temporary absence from the EM scope;
d) Notify the authority that has issued the decision on the application of EM of cases where suspects or defendants under EM violate their committed obligations.
2. The commune-level police authority shall act as the focal point and advise the commune-level People’s Committee on performing the responsibilities prescribed in Clause 1 of this Article, and shall:
a) Receive suspects or defendants under EM;
b) The Head of the commune-level police authority shall issue a decision assigning police officers to directly manage, supervise, and support suspects or defendants under EM;
c) Manage, supervise, and support suspects or defendants under EM; prepare records of violations where they breach their committed obligations, and report to the President of the commune-level People’s Committee;
d) Support suspects or defendants under EM in complying with regulations on the use of EM devices;
dd) Organize the provision and retrieval of EM devices for suspects or defendants under EM;
e) On a monthly basis or upon request, consolidate data and conduct an assessment of the situation and results of the execution of decisions on the application of EM within its jurisdiction, and report to the President of the commune-level People’s Committee and competent authorities;
g) Verify, call roll, and conduct headcounts upon receiving notifications from competent authorities that suspects or defendants under EM have removed, damaged, interfered with the operation of EM devices, or left the EM scope.
3. Relevant agencies, organizations, and individuals shall:
a) Cooperate with competent authorities, persons, and families in the execution of decisions on the application of EM;
b) Provide necessary services to support suspects or defendants under EM;
c) Assist and facilitate suspects or defendants under EM in performing and completing their committed obligations;
d) Guide and provide support to suspects or defendants under EM in complying with regulations on the use of EM devices;
dd) Assess the effectiveness of the application of EM to suspects or defendants under EM, and propose solutions (if any) to the President of the commune-level People’s Committee.
4. Families of suspects or defendants under EM shall:
a) Encourage and motivate suspects or defendants under EM to comply with the law and fulfill their committed obligations;
b) Adopt specific measures to manage, educate, and assist suspects or defendants under EM;
c) Maintain regular contact with relevant agencies, organizations, and individuals to guide and assist suspects or defendants under EM during the EM period.
Article 16. Procedures for executing EM
1. Immediately after receiving the decision on the application of EM forwarded by the President of the commune-level People’s Committee, the Head of the commune-level police authority shall assign police officers to directly manage, supervise, support, and carry out the handover and receipt of juveniles who are suspects or defendants under EM at the headquarters of the commune-level People’s Committee. The handover shall be documented in writing and kept on file in the case dossier.
2. After receiving the suspects or defendants under EM, the commune-level People’s Committee shall preside over a working session with them. The participants and contents of the session shall include:
a) Participants: A representative of the commune-level People’s Committee (presiding official); a representative of the commune-level police (secretary); the legal representatives of the suspects or defendants under EM; the suspects or defendants under EM; and a representative of the agency or organization responsible for attaching the EM devices;
b) Main contents of the working session: Notification of the decision on the application of EM; explanation of the rights and obligations of the suspects or defendants under EM; requirement for them to prepare a written commitment; notification of the person directly responsible for managing, supervising, and supporting the suspects or defendants under EM;
c) Upon conclusion of the working session, records shall be prepared and kept on file.
3. Where suspects or defendants under EM violate the committed obligations prescribed in Clause 2 Article 139 of the Law on Juvenile Justice, the commune-level police authority shall prepare records of violation and report to the President of the commune-level People’s Committee for notification to the authority that has issued the decision on the application of EM, for handling in accordance with its jurisdiction.
4. Within 5 working days before the expiration of the EM period, the President of the commune-level People’s Committee shall issue a written notification to the authority that has issued the decision on the application of EM for implementation in accordance with its jurisdiction.
5. Immediately after EM is cancelled or replaced, the commune-level police authority shall report to the President of the commune-level People’s Committee to terminate the management, supervision, and support of the suspects or defendants under EM and to remove the EM devices. The removal of the EM devices shall be documented in writing and kept on file.
Article 17. Procedures for handling cases where suspects or defendants under EM leave EM scope
1. Within 3 working days from the date on which the suspect or defendant under EM submits a request for permission to leave the EM scope, the President of the commune-level People’s Committee shall issue a written confirmation of consent or non-consent and send it to the authority that has issued the decision on the application of EM, together with the written request. Immediately after receiving the written confirmation from the commune-level People’s Committee, the authority that has issued the decision on the application of EM shall issue a permit clearly stating the duration for leaving the EM scope. In cases where a permit is not granted, the reasons must be specified.
2. Upon expiration of the period stated in the permit, where the suspect or defendant under EM is unable to return to the EM scope due to force majeure or objective obstacles, confirmation from the commune-level People’s Committee of the place of residence at that time shall be required.
Article 18. Handling of cases where suspects or defendants under EM violate obligations
1. Unauthorized departure from the EM scope:
Where the suspect or defendant under EM leaves the EM scope without authorization, the commune-level police authority shall summon the violator, prepare a record, and require the immediate cessation of the violation. Where the suspect or defendant under EM deliberately fails to appear in response to the summon or continues to leave the EM scope, the commune-level police authority shall prepare a record of violation of committed obligations and report to the President of the commune-level People’s Committee for notification to the authority that has issued the decision on the application of EM, for handling in accordance with its jurisdiction.
2. Removal, destruction, or interference with the EM device:
Where the suspect or defendant under EM removes, destroys, or interferes with the operation of the EM device, the commune-level police authority shall summon the violator, prepare a record, and require the immediate cessation of the violation. Where the EM device is destroyed or disrupted to the extent that it cannot operate, compensation shall be paid in accordance with the Civil Code. The commune-level police authority shall prepare a record of violation of committed obligations and report to the President of the commune-level People’s Committee for notification to the authority that has issued the decision on the application of EM, for handling in accordance with its jurisdiction.
Article 19. Persons eligible for reception and support for community reintegration
1. Persons eligible for reception and support for community reintegration include:
Juveniles reintegrating into the community, including: juveniles who have completed serving educational measures at reformatories; juveniles whose educational measures at reformatories are terminated early; juveniles who have completed serving imprisonment; juveniles who are granted pardon; and juveniles under parole.
2. The period of support for juveniles reintegrating into the community shall be from 6 months until they reach 18 years of age, counting from the date of reception of the juveniles for community reintegration:
a) Where the remaining period until the juvenile reaches 18 years of age is less than 6 months, the period of community reintegration support shall be 6 months;
b) Where the remaining period until the juvenile reaches 18 years of age exceeds 6 months, the period of community reintegration support shall last until the juvenile reaches 18 years of age.
3. The commune-level police authority of where the juvenile returns to reside shall advise and assist the President of the commune-level People’s Committee in receiving and supporting the juvenile’s community reintegration and in preparing the dossier.
Article 20. Reception of juveniles reintegrating into community
1. When a juvenile reintegrating into the community reports to the headquarters of the commune-level People’s Committee, the Head of the commune-level police authority shall assign an officer to work directly with the juvenile. The contents of such work shall include:
a) Notifying the juvenile of the CPV’s and the State’s guidelines, policies, and laws concerning juveniles reintegrating into the community;
b) Understanding the juvenile’s thoughts, aspirations, and wishes;
c) Providing guidance on procedures for residence registration and residence management, and for the issuance of identification to juveniles reintegrating into the community;
d) Providing counseling and support, including information on job creation and other necessary matters for juveniles reintegrating into the community;
dd) Requiring the juvenile to strictly comply with the law and with the regulations of the agency or organization where the juvenile works or studies, and of the local authority of their place of residence;
e) Introducing the person designated to assist the juvenile reintegrating into the community;
g) Preparing a record of the working session with the juvenile reintegrating into the community;
h) Preparing the information form of the juvenile reintegrating into the community.
2. Upon expiration of the reporting period stated in the certificate of completion of imprisonment, certificate of pardon, certificate of completion of educational measures at reformatories, or certificate of parole, where the juvenile reintegrating into the community has not reported or declared, the commune-level police authority shall assign officers to cooperate with the family in verifying and taking the following actions:
a) Where the juvenile has returned to the place of residence, the commune-level police authority shall advise the commune-level People’s Committee on requiring the juvenile to report and declare at the headquarters of the commune-level People’s Committee and to carry out the contents specified in Clause 1 of this Article.
If the juvenile continues to fail to report or declare without a legitimate reason, the commune-level police authority shall report to the commune-level People’s Committee and, at the same time, proactively cooperate with the juvenile’s family in conducting persuasion, reception, and support;
b) Where the juvenile has not returned to the place of residence, the commune-level police authority shall cooperate with relatives and family members in verifying the juvenile’s whereabouts and report to the commune-level People’s Committee for monitoring.
3. Where a juvenile reintegrating into the community reports and declares at the commune-level People’s Committee other than the residence address stated in the certificate of completion of imprisonment, certificate of parole, certificate of pardon, or certificate of completion of educational measures at reformatories, the commune-level police authority shall require the juvenile to declare information and determine the reasons for not residing at the address stated in the certificate.
If it is determined that the juvenile’s residence in the local area complies with the Law on Residence, the commune-level police authority shall advise the commune-level People’s Committee on carrying out the reception procedures in accordance with Clause 1 of this Article.
Article 21. Designation of persons assisting juveniles reintegrating into the community
1. Based on the personal characteristics of the juvenile reintegrating into the community and the actual conditions of the local area, the commune-level police authority shall advise the President of the commune-level People’s Committee on designating a person to assist the juvenile reintegrating into the community from among the following: 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 residential community who have the conditions, capacity, and experience in educating and assisting juveniles.
2. Within 3 working days from the date of working with the juvenile reintegrating into the community, the President of the commune-level People’s Committee shall issue a decision assigning the designated person to assist the juvenile reintegrating into the community.
3. The person designated to assist the juvenile reintegrating into the community shall advise the President of the commune-level People’s Committee on issuing a plan for implementing support for the juvenile’s community reintegration. Such a plan shall specify appropriate support, intervention, and protection measures for the juvenile during community reintegration in accordance with regulations.
4. Within the first 5 days of the first month of each quarter, the person designated to assist the juvenile reintegrating into the community shall submit a report on the results of support to the commune-level police authority for monitoring and for inclusion in the dossier for support for the juvenile reintegrating into the community.
Article 22. Support dossiers for juveniles reintegrating into community
1. The commune-level police authority shall prepare support dossiers for juveniles reintegrating into the community. One dossier shall be prepared for each juvenile reintegrating into the community.
2. A dossier shall include the following main documents:
a) Information form of the juvenile reintegrating into the community;
b) Certificate of completion of imprisonment, certificate of pardon, certificate of completion of educational measures at reformatories, or certificate of parole;
c) Notification of the date on which the prisoner completes serving imprisonment, notification of the pardon decision (if any), or notification of the date on which the student leaves the reformatory;
d) Record of working sessions with the juvenile reintegrating into the community;
dd) Decision assigning the designated person to assist the juvenile reintegrating into the community;
e) Plan for implementing support for the juvenile reintegrating into the community;
g) Report on support results by the designated assisting person;
h) Report proposing the termination of support for the juvenile reintegrating into the community;
i) Decision on termination of support for the juvenile reintegrating into the community;
k) Other relevant documents.
3. Within 5 working days from the date of the working session with the juvenile reintegrating into the community, the commune-level police authority shall prepare the support dossier for the juvenile.
4. The preparation, registration, management, use, and termination of support dossiers for juveniles reintegrating into the community shall be carried out in accordance with the regulations and guidelines of the Ministry of Public Security of Vietnam.
Article 23. Termination of support for juveniles reintegrating into community
1. Support for juveniles reintegrating into the community shall be terminated in the following cases:
a) The juvenile reintegrating into the community has completed the period of community reintegration support as prescribed in Clause 2 Article 19 of this Decree;
b) The juvenile reintegrating into the community has changed their place of residence (with written notification and transfer of the dossier from the commune-level People’s Committee of the former place of residence to the commune-level People’s Committee of the new place of residence);
c) The juvenile reintegrating into the community leaves the place of residence, and their current whereabouts cannot be determined;
d) The juvenile reintegrating into the community has permanently settled abroad (with written confirmation by a competent authority);
dd) The juvenile reintegrating into the community is missing (with a court decision declaring the person missing);
e) The juvenile reintegrating into the community has died (with a death certificate or record certifying death, or a court decision declaring the person deceased);
g) The juvenile reintegrating into the community commits a new offence and is subject to temporary custody or detention, is sentenced to imprisonment and sent to serve the sentence at detention facilities, or is sent to a reformatory or a compulsory drug rehabilitation establishment.
2. The President of the commune-level People’s Committee shall issue a decision to terminate support for the juvenile reintegrating into the community.
Article 24. Provision of support in special cases
1. In the case of a person whose execution of imprisonment is suspended and who is granted a pardon, the reception and support shall be carried out immediately after the commune-level People’s Committee receives the certificate of pardon.
2. Where a juvenile reintegrating into the community changes their place of residence, the commune-level People’s Committee of the former place of residence (place of departure) shall notify and transfer the support dossier for the juvenile reintegrating into the community to the commune-level People’s Committee of the new place of residence (place of arrival).
Within 5 working days from the date of receipt of the notification from the commune-level People’s Committee of the place of departure, the commune-level People’s Committee of the place of arrival shall continue to provide support to the juvenile reintegrating into the community.
1. This Law comes into force as of January 1, 2026, except for the case prescribed in Clause 2 of this Article.
2. The regulations in Chapter IV, from Article 14 to Article 18 of this Decree, shall come into force as of January 1, 2028.
Article 26. Implementation guidelines
The Ministry of Public Security of Vietnam, relevant ministries, and central authorities shall research and promulgate documents stipulating specific forms and provide guidelines on the implementation of community-based diversion measures, the application of EM measures, as well as the implementation of community reintegration activities for juvenile delinquents.
Article 27. Implementation responsibilities
Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces, and relevant agencies, organizations, and individuals shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT Nguyen Hoa Binh |
