Joint Circular No. 01/2006/TTLT-BLDTBXH-BGD&ĐT-BYT guiding the work of teaching culture and behavior, character rehabilitation education for drug addicts, sex workers, and individuals after drug rehabilitation.

JOINT CIRCULAR

Guidelines for teaching cultural education and behavior, character rehabilitation for drug addicts, sex workers, and individuals post-drug rehabilitation

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Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000; the Education Law dated June 14, 2005; the Ordinance on Administrative Violation Handling dated July 2, 2002; the Ordinance on Prevention and Control of Prostitution dated March 17, 2003; Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on conditions, procedures for issuing permits and management of voluntary drug rehabilitation facilities (hereinafter referred to as Decree No. 147/2003/NĐ-CP); Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the regime of applying measures to admit individuals into medical facilities, organization of activities at such facilities under the Ordinance on Administrative Violation Handling, and the regime applicable to minors and individuals voluntarily admitted into medical facilities; Decree No. 34/CP dated June 1, 1996 of the Government guiding the implementation of the Ordinance on Prevention and Control of Infection with Viruses Causing Acquired Immune Deficiency Syndrome;

After receiving comments from the Population, Family, and Children Committee in Circular No. 1506/DSGĐTE-TE dated December 26, 2005, and agreement from the Ministry of Finance in Circular No. 16177/BTC-HCSN dated December 12, 2005, the Ministry of Health issues guidelines for teaching cultural education and behavior, character rehabilitation for drug addicts, sex workers, and individuals post-drug rehabilitation as follows:

I. GENERAL PROVISIONS

1. Scope of regulation and applicable subjects:

a) Scope of Regulation: This circular guides the content, program, and management of teaching cultural education and behavior, character rehabilitation for drug addicts, sex workers, and individuals post-drug rehabilitation.

b) Applicability:

- Drug addicts and sex workers subject to the measure of admitting them into medical facilities under Article 26 of the Ordinance on Administrative Violation Handling, including drug addicts and sex workers who voluntarily apply this measure at medical facilities.

- Individuals post-drug rehabilitation subject to the measure of organizing management, vocational training, and job placement for individuals post-drug rehabilitation as stipulated in Article 2 of Decree No. 16/2003/QH11 dated June 17, 2003 of the National Assembly on implementing pilot programs for managing, vocational training, and job placement for individuals post-drug rehabilitation in Ho Chi Minh City and other centrally-administered cities and provinces.

- Drug addicts undergoing voluntary drug rehabilitation at drug rehabilitation facilities according to the content of the Operating Permit for Drug Rehabilitation Activities specified in point b and point d, Clause 1, Article 3 of Decree No. 147/2003/NĐ-CP.

The facilities specified in point b, Clause 1 herein include: Centers for Treatment - Education - Social Labor; facilities for managing, vocational training, and job placement for individuals post-drug rehabilitation, and voluntary drug rehabilitation facilities (hereinafter collectively referred to as Centers).

2. Educational Methods: Teaching cultural education and behavior, character rehabilitation for drug addicts, sex workers, and individuals post-drug rehabilitation involves the comprehensive use of medical therapies, psychological therapies, and educational measures.

3. Content of Education:

a) Cultural education following the regular education program includes: literacy and continuing education programs after learning to read; supplementary lower secondary education; supplementary upper secondary education.

b) Behavior, character rehabilitation for drug addicts, sex workers, and individuals post-drug rehabilitation (hereinafter collectively referred to as behavior, character rehabilitation) includes: specialized education; group education; individual education, and collective activities.

Depending on the material conditions, teaching equipment, teachers, and students' management capabilities, the number of drug addicts, sex workers, and individuals post-drug rehabilitation in each class should be arranged appropriately. Each class shall not exceed 50 people (excluding individual education and collective activities).

4. Classification of Students: Drug addicts and sex workers, after a period of treatment to alleviate withdrawal symptoms, detoxification, and recovery of health, participating in cultural education and behavior, character rehabilitation, shall be classified based on the following criteria:

a) Age, educational level, and cognitive ability;

b) Medical condition, such as contracting opportunistic infections or having dangerous infectious diseases that do not ensure suitable conditions for study and education;

c) Individuals who have undergone multiple treatments and rehabilitations or those with dangerous disruptive behaviors or criminal records;

d) Based on the results of drug rehabilitation and health recovery during concentrated treatment and rehabilitation for individuals post-drug rehabilitation.

Based on the classification results according to the above criteria, the Director of the Center will divide students into classes with appropriate content and programs to ensure the effectiveness of cultural education and behavior, character rehabilitation activities at the facility.

5. Education Program:

a) Cultural education: carried out according to the education program prescribed by the Ministry of Education and Training.

b) Behavior, character rehabilitation: implemented according to the content and program of education issued by the Ministry of Labor, Invalids, and Social Affairs after consultation with the Ministry of Education and Training, the Ministry of Health, and relevant agencies.

6. Duration: Cultural education and behavior, character rehabilitation are scheduled appropriately with the drug rehabilitation and recovery program for drug addicts, sex workers, and individuals post-drug rehabilitation as follows:

a) For drug addicts and sex workers specified in paragraph 1 and paragraph 3, point b, Clause 1, Section I of this circular, the time allocated for cultural education and behavior, character rehabilitation shall not exceed 70% of the total time they spend on treatment and rehabilitation at the Center.

b) For individuals post-drug rehabilitation specified in paragraph 2, point b, Clause 1, Section I of this circular, the time allocated for cultural education and behavior, character rehabilitation shall not exceed 35% of the total time they spend on living and productive labor at the Center.

7. Funding Sources: The funds for implementing cultural education and behavior rehabilitation programs as stipulated in this Circular shall be allocated in the state budget annually according to the current state budget hierarchy; from service supply and production labor; contributions from the subjects and other sources of financial support from domestic and foreign organizations and individuals in accordance with the law. The preparation, allocation, execution, and settlement of these funds shall be carried out in accordance with the State Budget Law and other guiding legal documents for the implementation of the State Budget Law.

II. CULTURAL EDUCATION AND BEHAVIOR REHABILITATION

1. Cultural Education: Drug addicts, sex workers, and post-drug rehabilitation subjects undergoing treatment or rehabilitation at the Center for six months or more and who are physically fit to study have the right to participate in cultural education. The Center is responsible for organizing appropriate cultural education classes based on the level of each subject as follows:

a) Primary School Program:

Implementing the literacy program and continuing education after learning to read according to the regulations of the Ministry of Education and Training for drug addicts, sex workers, and post-drug rehabilitation subjects who are illiterate or have not completed the primary school curriculum.

b) Lower Secondary School Program:

Implementing the lower secondary school supplementary program according to the regulations of the Ministry of Education and Training for drug addicts, sex workers, and post-drug rehabilitation subjects who have completed the primary school curriculum or have not finished the lower secondary school curriculum.

c) Upper Secondary School Program:

Implementing the upper secondary school supplementary program according to the regulations of the Ministry of Education and Training for drug addicts, sex workers, and post-drug rehabilitation subjects who have completed the lower secondary school curriculum or have not finished the upper secondary school curriculum.

d) The cultural education program stipulated in Clause 1, Section II of this Circular may extend the duration of each subject or part of a lesson, in accordance with the psychological and health characteristics of drug addicts, sex workers, and post-drug rehabilitation subjects, but not exceeding 50% of the total time required for each course and must ensure the objectives, content, and guidance of the cultural education program as prescribed.

2. Behavior Rehabilitation Education: After treatment and rehabilitation, drug addicts, sex workers, and post-drug rehabilitation subjects who are physically fit to study, the Center is responsible for organizing behavior rehabilitation education as follows:

a) Specialized Education:

- The content and program of specialized education include: moral education, civic education, and law; building a cultured lifestyle; social interaction in family and community life; labor and living education; health education and prevention of HIV/AIDS; historical, national defense, and traditional education; the Party and State's viewpoint on drug addicts, sex workers, and post-drug rehabilitation subjects... aimed at restoring behavior and character for drug addicts and sex workers to reintegrate into society.

- The content and program of specialized deep education need to be supplemented, reduced, or strengthened to suit the characteristics of each group of drug addicts, sex workers, and post-drug rehabilitation subjects as follows:

+ For drug addicts: the content and program should strengthen education on the psychological and physiological characteristics, harms, and influencing factors of drug addiction...

+ For sex workers: the content and program need to strengthen education on gender, safe sex, and reproductive health; self-respect, personal integrity.

+ For HIV-infected individuals: the content and program should reduce national defense and legal education; strengthen content on family and community love; measures and skills to prevent and control HIV/AIDS.

+ For multiple drug rehabilitation subjects with public disorderly conduct or criminal records: the content and program must strengthen legal education on concentrated drug rehabilitation and apply management measures, vocational training, and employment solutions for post-drug rehabilitation subjects.

+ For drug rehabilitation subjects: the content and program should supplement education on labor and living; character, morality, and law; strengthen measures to prevent relapse and drug addiction.

- For subjects who have completed the primary school program and are under 16 years old: the content and program should be simplified, avoiding complex and difficult-to-understand content compared to their age and level, focusing on psychological, gender, and age education; friendship, love in young people's lives.

b) Group Education (Group Counseling):

- The content and program of education include: life skills, social interaction, values of life, knowledge and experience in changing lifestyles, enhancing social awareness... in activities at the Center and in the community.

- For drug addicts, sex workers, and post-drug rehabilitation subjects who need to enhance awareness to change behavior and perfect their character, organized in groups of 20 to 30 people per class with educational formats such as roundtable discussions, seminars, information exchange, guided by facilitators for 90 minutes per session.

c) Individual Education (Individual Counseling):

- The content and program of education include: enhancing awareness of personal values, social rules and values regarding morality, spirit, lifestyle...

- For drug addicts, sex workers, and post-drug rehabilitation subjects with special circumstances or psychology, or those who violate the Center's regulations, conducted through information exchange, consultation, and psychological treatment guided by facilitators, lasting from 20 to 45 minutes per session.

d) Collective Activities:

- The content and program of education include: national history, tradition, patriotism; current events, economic and social development of the country...

- For drug addicts, sex workers, and post-drug rehabilitation subjects participating in collective activities on national holidays and anniversaries; entertainment, sports, culture, arts; extracurricular sessions, enhancing spiritual life.

3. Results of cultural education and behavior rehabilitation, character development:

a) Regarding cultural education:

- Persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation complete the literacy program and continue education after learning to read and write, if they meet the conditions stipulated by the Ministry of Education and Training, shall be recognized and issued a certificate of literacy, recognition of completion of the primary school curriculum.

- Persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation complete the supplementary lower secondary school program, if they meet the conditions stipulated by the Ministry of Education and Training, shall be recognized and issued a lower secondary school graduation certificate.

The Director of the Department of Education and Training at the district, city under provincial level shall issue the lower secondary school graduation certificate.

- Persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation complete the supplementary upper secondary school program, if they meet the conditions stipulated by the Ministry of Education and Training, shall be eligible to take the upper secondary school graduation examination, and if they meet the graduation conditions, shall be issued an upper secondary school graduation certificate.

The Director of the Department of Education and Training shall issue the upper secondary school graduation certificate.

b) Regarding behavior rehabilitation and character development education:

- The organization of classes for behavior rehabilitation and character development education as prescribed in Clause 2, Section II of this Circular must include discussion time, practice, writing summaries or examinations, with written or multiple-choice formats for each class or course.

- The Director of the Center shall issue a certificate of completion of the behavior rehabilitation and character development education program for persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation, serving as a basis for evaluating and assessing the treatment and rehabilitation process at the facility.

III. MATERIAL BASE, EQUIPMENT AND REGIME, POLICY

1. During the construction, planning, upgrading, and expansion of treatment facilities based on the scale of reception, Centers must arrange classrooms for cultural and specialized educational programs according to the regulations of the education sector and schedule cultural and specialized educational classes in the morning, afternoon, and evening shifts; group education, individual education, and collective activities are arranged appropriately according to the characteristics of the material base of each facility.

2. Teaching equipment: must ensure teaching equipment for each grade level; audio equipment, projectors... for cultural and behavior rehabilitation and character development education classes; paper, pens, books...

3. Library: there must be classrooms and a full set of books for cultural and behavior rehabilitation and character development education work and necessary reference books for this work.

4. Regime and policy for teachers, lecturers, speakers... shall be implemented in accordance with the provisions of the law.

Annually, Centers are responsible for budgeting funds to ensure sufficient teaching equipment; paper, pens, books; teaching materials, study materials, and reference materials; regime and policy for staff participating in cultural education and behavior rehabilitation and character development education work at the facility, to be submitted for approval by the competent authority.

IV. ASSIGNMENT OF RESPONSIBILITIES

1. Responsibilities of the Department of Labor, Invalids and Social Affairs:

a) To lead and coordinate with the Department of Education and Training and the Department of Health to implement the content and program of behavior rehabilitation and character development education for persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation at Centers.

For the content and program of behavior rehabilitation and character development education not yet specified, the Department of Labor, Invalids and Social Affairs shall be responsible for approving, after obtaining the opinions of the Department of Education and Training and the Department of Health, including domestic and international training projects currently being implemented locally; and report to the Ministry of Labor, Invalids and Social Affairs to organize implementation at Centers.

b) To direct, guide, and inspect voluntary drug rehabilitation facilities to implement cultural education and behavior rehabilitation and character development education for persons addicted to drugs in accordance with this Circular.

c) To direct, guide, and organize training and updating knowledge for visiting teachers supporting cultural education and behavior rehabilitation and character development education about the psychological and physiological characteristics of persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation at Centers.

d) To direct and establish procedures for evaluation, assessment, and issuance of certificates for persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation upon completion of the behavior rehabilitation and character development education program at the facility.

2. Responsibilities of the Department of Education and Training:

a) To direct the implementation of the cultural education program: organizing exams and issuing upper secondary school graduation certificates; directing the Department of Education and Training at the district, city under provincial level to recognize and issue lower secondary school graduation certificates for persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation at Centers in accordance with the regulations of the education sector.

b) To cooperate in implementing the content and program of specialized education, updating knowledge, capacity, duration, methods, and forms of educational activities that meet the requirements of learners; ways to assess results appropriate to the psychological and physiological characteristics of persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation.

c) To direct county, district, city under provincial level Continuing Education Centers to create favorable conditions for teachers to teach cultural subjects to persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation, upon request of the Center Directors.

d) To create favorable conditions for persons addicted to drugs, persons engaged in prostitution, and persons after drug rehabilitation to continue their studies at educational institutions managed by the education sector after completing their treatment and rehabilitation period at Centers.

đ) To direct, guide, and organize training and updating pedagogical skills, teaching methods, and educational psychology for the cadre of educators and student managers at treatment and rehabilitation facilities.

3. Responsibilities of the Health Departments:

a) Direct, guide health agencies within their jurisdiction to organize health examinations, assess, and classify the health status of drug addicts, sex workers, and individuals post-drug rehabilitation according to the Health Classification Standards issued with Decision No. 1613/QĐ-BYT dated August 15, 1997, by the Minister of Health, for Centers to select subjects, arrange time, and divide classes appropriately for each group of drug addicts, sex workers, and individuals post-drug rehabilitation; except for those infected with HIV who have progressed to AIDS stage, active pulmonary tuberculosis that has not been cured, or severely debilitated individuals.

b) Guide the combined use of medical therapies, psychological therapies, along with cultural education and behavioral recovery education to rehabilitate personality, for the Department of Labor, Invalids, and Social Affairs to coordinate with the Department of Education and Training to direct Centers to arrange time and divide classes appropriately for each group of drug addicts, sex workers, and individuals post-drug rehabilitation.

c) Direct, guide, and organize training and dissemination of knowledge about health recovery characteristics; infectious diseases, particularly blood-borne and sexually transmitted diseases, and preventive measures against infection, for teachers and student supervisors from the labor, invalids, and social affairs sector and the education sector to implement cultural education and behavioral recovery education to rehabilitate personality at Centers.

4. Responsibilities of Centers:

a) Rehabilitation-Correction-Education Centers; management facilities for vocational training and employment services for individuals post-drug rehabilitation shall be responsible: based on the number of drug addicts, sex workers, and individuals post-drug rehabilitation at the facility, annually develop plans to organize cultural education and behavioral recovery education programs; simultaneously, based on the content, program, and time schedule for organizing classes, develop annual budget plans to report to the Department of Labor, Invalids, and Social Affairs and the Department of Education and Training for approval by the provincial People's Committee and implementation at the facility.

b) Voluntary drug rehabilitation centers shall be responsible to annually tally the number of drug addicts by educational level, report to the Department of Education and Training to support cultural education; specifically, behavioral recovery education for drug addicts shall be implemented according to this Circular.

V. IMPLEMENTATION

1. The People's Committee of provinces and centrally-administered cities shall direct the Departments of Labor, Invalids, and Social Affairs, Education and Training, and Health to manage and organize the implementation of programs and plans for cultural education and behavioral recovery education for drug addicts, sex workers, and individuals post-drug rehabilitation throughout the province or city.

2. The Department of Labor, Invalids, and Social Affairs shall take the lead, coordinating with the Departments of Education and Training and Health to study, survey, and develop proposals for organizing cultural education and behavioral recovery education for drug addicts, sex workers, and individuals post-drug rehabilitation at Centers within the province or city.

3. Annually, the Department of Labor, Invalids, and Social Affairs shall take the lead, coordinating with the Departments of Education and Training and Finance to develop budget plans to submit for approval by the provincial People's Committee and implement; the Department of Finance shall be responsible for allocating funds to ensure the implementation of this work locally.

4. The Department of Social Evil Prevention and Control - Ministry of Labor, Invalids, and Social Affairs shall take the lead, coordinating with the Department of Directors - Ministry of Education and Training and the Department of Treatment - Ministry of Health to assist leadership in guiding the implementation of this Circular; annually organize a meeting once, compile the situation, and report results to leadership.

5. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 08/TT-LB dated April 22, 1996, issued jointly by the Ministries of Labor, Invalids, and Social Affairs and Education and Training, guiding literacy campaigns (post-literacy) for drug addicts and sex workers at treatment facilities.

During implementation, if there are difficulties or obstacles, please reflect them to the relevant ministries for research and resolution./.