Joint Circular No. 01/2003/TTLT-BLDTBXH-BYT-BCA guiding the implementation of certain provisions of Decree No. 56/2002/NĐ-CP dated May 15, 2002 of the Government on organizing drug rehabilitation at home and in the community.

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 56/2002/NĐ-CP dated May 15, 2002 of the Government on Organizing Drug Detoxification at Home and in the Community

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On May 15, 2002, the Government issued Decree No. 56/2002/NĐ-CP on organizing drug detoxification at home and in the community. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Public Security have jointly established guidelines for implementing certain provisions of this Decree as follows:

I. OBJECTS OF DETOXIFICATION AT HOME AND IN THE COMMUNITY

The form of detoxification at home and in the community shall be applied to individuals addicted to drugs who are living in the community, except those falling under any of the following circumstances:

1. Those who must be admitted to compulsory detoxification facilities;

2. Those currently subject to educational measures at commune, ward, or township level;

3. Those currently subject to placement in specialized education centers;

4. Those currently subject to placement in educational facilities;

5. Those currently being investigated for criminal responsibility for the crime of illegal drug use;

6. Those who have previously undergone detoxification at home and in the community but still remain addicted.

II. DRUG DETOXIFICATION TASK FORCE

1. Composition of the Task Force

The Chairman of the People's Committee of the commune, ward, or township (hereinafter referred to as the commune level) issues a decision to establish a Drug Detoxification Task Force at home and in the community (hereinafter referred to as the Task Force) to assist the People's Committee at the commune level in organizing drug detoxification. The composition of the Task Force includes: one Deputy Chairman of the People's Committee at the commune level, a social worker or cultural-social officer, a health officer, a police officer from the commune, ward, or township, and other officers from relevant departments and organizations at the same level.

Based on specific circumstances and organizational structure of the locality, the Chairman of the People's Committee at the commune level decides on the number of members and designates staff to serve as permanent members of the Task Force.

2. Duties of Task Force Members

a) The Head of the Task Force has the duty to develop and direct, guide relevant departments to coordinate with related agencies and organizations to urge and inspect the implementation of the drug detoxification plan at home and in the community.

b) The permanent members of the Task Force have the duties:

- To compile files and prepare necessary procedures for the Task Force to submit to the Chairman of the People's Committee at the commune level for decisions on drug detoxification or applying handling measures within their authority, issuing certificates of successful drug detoxification at home and in the community.

- To periodically or urgently assess the results of drug detoxification and implement reporting requirements as prescribed.

- To manage drug detoxification files according to regulations.

c) Other members of the Task Force have the duties:

- Police officers from the commune, ward, or township are responsible for collecting information, verifying, and preparing files on individuals addicted to drugs eligible for detoxification at home and in the community; maintaining public order and safety during detoxification activities and coordinating with related agencies and organizations and families of individuals addicted to drugs to monitor and support them closely before and after detoxification.

- Health officers at the commune level are responsible for verifying and determining the addiction status of individuals addicted to drugs and organizing drug testing when necessary; planning and implementing treatment and recovery programs tailored to each individual case; preparing medical records and implementing detoxification methods approved by competent authorities to alleviate withdrawal symptoms, treat post-withdrawal biological disorders, and provide treatment for individuals undergoing detoxification at home and in the community.

- Other members assigned by the Head of the Task Force from various departments and social organizations are responsible for supervising, monitoring, managing, and supporting individuals undergoing detoxification.

III. PROCEDURES AND FORMALITIES FOR ESTABLISHING DETOXIFICATION FILES

1. Organization of Reporting and Registration for Detoxification

The Task Force is responsible for arranging convenient locations and assigning staff to receive reports and registrations for detoxification; the location and time for receiving reports and registrations must be publicly announced to the local population.

Staff receiving reports and registrations for detoxification are responsible for guiding individuals addicted to drugs, their families, or guardians to report the addiction status and other necessary information for detoxification (Model Form No. 1).

2. Commitment to Detoxification

Within five days from the date of reporting and registering for detoxification by individuals addicted to drugs, their families, or guardians, the Task Force will conduct verification and file preparation. If the registrant qualifies as an object for detoxification at home and in the community, they will be advised and guided to sign a commitment (Model Form No. 2) and submit it to the Chairman of the People's Committee at the commune level for a decision. In cases where individuals addicted to drugs suffer from acute or chronic diseases affecting the detoxification process, they must be advised to stabilize their condition before proceeding with detoxification.

3. Detoxification Decision

Within two days from the receipt of the Task Force's proposal, based on specific circumstances, the Chairman of the People's Committee at the commune level issues a decision allowing individuals addicted to drugs to undergo detoxification at home and in the community for a minimum period of six months (Model Form No. 3). The detoxification decision is prepared in four copies: one copy retained by the People's Committee at the commune level, one copy sent to the Task Force for inclusion in the file, one copy given to the individual undergoing detoxification or their family or guardian, and one copy sent to the Head of the People's Group or Village Chief where the individual undergoing detoxification resides to coordinate in implementing detoxification activities.

IV. DETOXIFICATION FOR INDIVIDUALS ADDICTED TO DRUGS

1. Detoxification at home and in the community shall be carried out according to a unified procedure (annexed).

2. Measures to alleviate withdrawal symptoms, treat post-withdrawal biological disorders, and provide treatment for individuals undergoing detoxification at home and in the community must be implemented according to methods prescribed by the Ministry of Health.

3. Based on the actual situation of the locality, the People's Committee at the commune level may organize regular reception and treatment for individuals addicted to drugs at the commune health station or arrange suitable locations with adequate safety conditions to organize detoxification treatment for individuals addicted to drugs in batches at people's groups.

4. Individuals undergoing detoxification have the responsibility:

- Strictly fulfill the commitments.

- Not to use any types of drugs or substances that distort the results of testing for narcotics.

- Report monthly on the detoxification results to the assigned detoxification support staff for recording (Form No. 4).

- When leaving the place of residence, report to the assigned detoxification support staff, and upon return, undergo testing for narcotics if necessary.

5. The family or guardian of the person undergoing detoxification from narcotics shall be responsible for:

- Preparing full conditions and funding for detoxification from narcotics as stipulated.

- Guiding, caring for, encouraging, and assisting the person undergoing detoxification from narcotics to implement the detoxification process.

- Managing and supervising the person undergoing detoxification from narcotics to fulfill their detoxification commitments.

V. VIOLATION HANDLING

1. During the organization of detoxification from narcotics at home and in the community, if signs of illegal use of narcotics, addictive drugs, or psychotropic substances are observed in the person undergoing detoxification, the assigned detoxification support staff shall cooperate with the family to conduct inspections, collect samples for testing for narcotics.

2. In cases where the person undergoing detoxification violates their detoxification commitments, the assigned detoxification support staff shall remind them to correct the violation or prepare a record of the violation (Form 5). Depending on the nature and severity of the violation, the Working Group shall report and propose to the Chairman of the People's Committee of the commune to decide on one of the following measures to handle the violation:

- Warning;

- Suspension of detoxification at home and in the community and requiring compensation for damages and costs of organizing detoxification, while applying or proposing competent authorities to apply other measures as prescribed by law.

VI. ISSUING A CERTIFICATE OF COMPLETION OF DETOXIFICATION FROM NARCOTICS

1. Examination and issuance of a certificate of completion of detoxification from narcotics

a) Within 15 days before the end of the detoxification period at home and in the community, the Working Group shall take the lead in coordinating with the Head of the Neighborhood Association and the family (or guardian) of the person who has completed detoxification to organize a neighborhood meeting to review and evaluate the detoxification results of the person undergoing detoxification and propose issuing a certificate of completion of detoxification from narcotics for those who meet the criteria. The contents of the meeting must be recorded in a protocol.

b) The Chairman of the People's Committee of the commune shall issue a Certificate of Completion of Detoxification from Narcotics at Home and in the Community (Form 6) to persons who have completed detoxification and meet the following criteria:

- No narcotics remaining in the body;

- Fully fulfilling all detoxification commitments;

- Showing clear improvement in awareness, behavior, having a healthy lifestyle, and receiving agreement from two-thirds of the people attending the neighborhood meeting to propose issuing the certificate.

c) In cases where the person undergoing detoxification does not meet the criteria for issuing a certificate of completion of detoxification from narcotics at home and in the community, the Working Group shall report and propose the Chairman of the People's Committee of the commune to decide on continuing their detoxification at home and in the community for a period of three months. The decision to continue detoxification at home and in the community may be applied no more than twice. If they still do not meet the criteria for issuing the certificate, the Chairman of the People's Committee of the commune shall consider applying educational measures in the commune, ward, town or placing them in a compulsory detoxification facility.

If within one year from the date of issuance of the certificate of completion of detoxification from narcotics at home and in the community, the person who received the certificate does not relapse, they will be considered as not having been subject to this form of detoxification.

2. Announcing the detoxification results

After the Chairman of the People's Committee of the commune signs the Certificate of Completion of Detoxification from Narcotics at Home and in the Community for the person who has completed detoxification, the Working Group shall coordinate with the Neighborhood Association, the family of the person who has completed detoxification, and relevant agencies and organizations to prepare the necessary conditions to organize a meeting to announce the completion of the detoxification process, present the certificate of completion of detoxification, hand over the person undergoing detoxification to the family and the Neighborhood Association for continued management, supervision, and assistance at home and in the community.

VII. IMPLEMENTATION ORGANIZATION

1. The Director of the Department of Labor, Invalids, and Social Affairs shall coordinate with the Director of the Department of Health, the Director of the Provincial Police, and the Municipal Police under the Central Government:

- Assist the Chairman of the People's Committee of the province or city in detailing functions and tasks; establish working regulations, coordination mechanisms, and relationships among departments, mass organizations; allocate personnel, material resources, and funds to ensure the work of detoxification from narcotics at home and in the community, especially at the commune level.

- Direct and guide specialized inspections of activities in the field of detoxification and rehabilitation for drug addicts; create favorable conditions for the People's Committee of the commune to effectively carry out detoxification from narcotics at home and in the community.

2. This Circular shall take effect 15 days from the date of issuance.