Regulations on the Development and Issuance of Monitoring and Education Plans

On March 10, 2018, the Government of Vietnam promulgated Decree 37/2018/ND-CP detailing the implementation of supervision and education measures for individuals under 18 years of age who commit crimes and are exempt from criminal liability.

Decree 37 stipulates in detail the construction and promulgation of the monitoring and education plan as follows:

- Within 05 working days from the date of receiving the Assignment Decision, the person directly overseeing and educating, based on the monitoring and education period and the Information Collection Report, identifying risk factors, causes, and conditions of legal violations, the person directly overseeing and educating shall draft the Monitoring and Education Plan and submit it to the Chairman of the Commune-level People's Committee;- During the drafting process of the Plan, the person directly overseeing and educating shall consult the opinions and wishes of the monitored and educated person and their parents or guardian; proactively contact available local service providers, discuss with the Social Work Center and related agencies and organizations to ensure the Plan's suitability and feasibility.

Decree 37 clearly states that the Monitoring and Education Plan includes the following basic contents:

- Specific monitoring and education measures, necessary support services to overcome risk factors, causes, and conditions of legal violations of the monitored and educated person;- Agencies, organizations, and individuals responsible for implementing specific monitoring and education measures; necessary support service providers; agencies, organizations, and individuals responsible for coordination;- The start and end time of implementing specific monitoring and education measures, and support services;- Specific monitoring and education measures, support services requiring the direction and assistance of district or provincial-level agencies and organizations.

Within 05 working days from the date of receiving the draft Monitoring and Education Plan, the Chairman of the Commune-level People’s Committee shall organize a meeting to discuss and provide feedback on the draft Monitoring and Education Plan.

Participants in the meeting include: the monitored and educated person; the monitored and educated person’s parents or guardian; the person directly overseeing and educating; Commune-level Police; Commune-level Child Protection Committee; agencies, organizations, and individuals responsible for implementing specific monitoring and education measures; necessary support service providers; other agencies, organizations, and individuals responsible for coordination.

At the meeting, the person directly overseeing and educating shall present the Information Collection Report, identifying risk factors, causes, and conditions of legal violations of the monitored and educated person and the draft Monitoring and Education Plan; participants in the meeting give their opinions; the Chairman of the Commune-level People’s Committee concludes.

After the meeting ends, the person directly overseeing and educating shall complete the draft Monitoring and Education Plan and submit it to the Chairman of the Commune-level People’s Committee for signature and issuance.

The plan must be sent to the monitored and educated person, their parents or guardian, related agencies, organizations, and individuals for implementation, and sent to the Commune-level Police for filing in the monitoring and education enforcement record.

Decree 37/2018/ND-CP takes effect from March 10, 2018.

-Thao Uyen-

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