Electronic monitoring device. — VNA/VNS Illustration photo

HÀ NỘI — The Government has issued a decree spelling out community-level diversionary measures, clarifying responsibilities, procedures and safeguards aimed at supporting juvenile suspects and defendants while ensuring community safety.

The decree regulates responsibilities, order and procedures for handling community-based diversion, the application of electronic monitoring measures and community reintegration for juvenile offenders.

It provides detailed regulations, including diversionary measures involving participation in education and vocational training programmes, medical treatment or psychological counselling; responsibilities, order and procedures for community-based diversion; the implementation of electronic monitoring measures; and community reintegration.

Accordingly, an electronic monitoring device is an electronic tool used to monitor, collect and transmit data on the activities of juveniles who are suspects or defendants.

The device may be attached to the person or to an object that the individual is required to carry.

The wearing of electronic monitoring devices must ensure that it does not obstruct daily activities or personal hygiene and must not be exploited to carry out discriminatory behaviour within the community.

The decree stipulates the responsibilities of agencies, organisations, individuals and families in enforcing electronic monitoring measures, including commune-level People’s Committees, commune-level police forces and other relevant agencies, organisations and individuals.

The responsibilities of families of electronically monitored suspects or defendants include encouraging and motivating them to comply with the law and fulfil their commitments; implementing specific measures to manage, educate and support the monitored individual; and maintaining regular contact with relevant agencies, organisations and individuals to provide guidance and assistance throughout the monitoring period.

Immediately after an electronic monitoring measure is cancelled or replaced, the commune-level police must report to the chairperson of the commune-level People’s Committee to conclude the management, monitoring and support of the monitored individual and to remove the electronic monitoring device.

In cases where a monitored suspect or defendant leaves the designated monitoring area without permission, destroys the monitoring device or interferes with its operation, the commune-level police shall summon the violator, draw up a violation record and require the immediate cessation of the violation.

If an electronic monitoring device is destroyed or disrupted to the extent that it can no longer function, compensation must be made in accordance with the Civil Code.

This decree will take effect from January 2026. — VNS