Can people who are on the suspended sentence get upper secondary school and graduate high school exa

The person who is enforcing the suspended sentence has a 32-month period and challenge 18 months. So at this time can they learn in continuing education centers or exam high school graduation.

FDVN’s opinion:               

Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice for your question.

1.  The person put on suspended sentence still have the rights study in general education and entitled to all benefits under regulations of such institution.

Pursuant to the provisions of the Law on the execution of criminal judgments 2010 in Clause 3 - Article 65 on labor and study of the person put on suspended sentence:

“ A person subject to a suspended sentence, if admitted by a general education or vocational education institution, is entitled to all benefits under regulations of such institution.”

2. The person put on a suspended sentence has the right to participate in the high school graduation examination.

Pursuant to the provisions of Article 12 of Circular no.04/2017 / TT-BGDDT, amended and supplemented in Circular no. 04/2018 / TT-BGDĐT, 28th February 2017 Regulation of national high school examination and considering the recognition of graduation, the candidates and the conditions for participate in the national high school examination are regulated as follows.:

"Article 12. Subjects and conditions for examination

1. Subjects for examination

a) Persons who have completed high school or Continuing Education programs high school level (collectively referred to as high school program) in the year organize of the exam;

b) Persons who have completed high school but haven't completed high school graduation exams or have taken exams but haven't graduated from high school in previous years; high school graduates; people who have graduated from secondary schools; other objects are permitted by the Ministry of Education and Training (collectively called free candidates).

2. Conditions for taking the exam

a) The contestants register for the exam must submit all the documents on time

b) Subjects specified at Point a, Clause 1 of this Article must ensure additional conditions to be assessed and graded in grade 12: the morality of classifying average or higher, learning capacity is not classified poorly. Particularly for learners who don't need to be classified morality and learners in the form of guided self-study in general education then it does not require a rating of morality.

C) Free candidates who haven't graduated from high schools  except specified at Point a, Clause 2 of this Article must also satisfy the conditions:

- Graduated secondary school

- In case no enough condition for examination in the previous years due to poor results in 12 grade, the candidate must register and attend the end-of-year examination at high school where the 12 grade was studied or place to register some of the subjects with an average score below 5.0, ensuring that when taking the test score replace of the average of the subject, to recalculate medium of year score enough conditions about learning capacity as regulation at Point b, Clause 2 of Article this;

- In case no enough condition for examination in the previous years due to rated poor about conduct in 12 grade, it must be certified by the Commune People's Committee of the place to confirm that without breaking the law.
c) High School's Principal, Director of the continuing education centers (collectively to as Principal of the high school) or where the candidate submitted the registration form to consider and approve the application for registration; at least 20 days before the examination date have to publicly announce the cases of failing to meet the conditions for examination according to the provisions of Clause 2 of this Article. "

 So, if the suspended sentence still responds to the above conditions, they still have the right to participate in the High school graduation exam.

Above is FDVN Law Firm's advisory opinion regarding the request of a consultant of the Guest on the basis of studying legal regulations. Hopefully, FDVN's advice will be helpful to you.

Legal expert: Nguyen Thi Suong

FDVN Law Firm

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