Ordinance No. 01/2022/UBTVQH15 on the Procedures and Formalities for People's Courts to Consider and Decide on the Placement of Drug Addicts Aged from 12 to Under 18 Years Old in Compulsory Rehabilitation Centers

ORDINANCE

PROCEDURE AND PROCEDURAL REQUIREMENTS OF THE PEOPLE'S COURTS IN CONSIDERING AND DECIDING TO SEND PERSONS AGED FROM 12 TO UNDER 18 YEARS OLD WHO ARE DRUG ADDICTS TO COMPULSORY DRUG DEPENDENCY TREATMENT CENTERS

On the basis of the Constitution of the Socialist Republic of Vietnam;

On the basis of the Law on Prevention and Control of Drugs number 73/2021/QH14;

of the National Assembly; The Standing Committee of the National Assembly promulgates this Ordinance on the procedure and procedural requirements of the People's Courts in considering and deciding to send persons aged from 12 to under 18 years old who are drug addicts to compulsory drug dependency treatment centers (hereinafter referred to as sending to compulsory drug dependency treatment centers). 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the procedure and procedural requirements of the People's Courts in considering and deciding to send persons aged from 12 to under 18 years old who are drug addicts to compulsory drug dependency treatment centers (hereinafter referred to as sending to compulsory drug dependency treatment centers); the procedure and procedural requirements for considering and deciding to postpone, exempt from execution, temporarily suspend or exempt from remaining time in the decision to send to compulsory drug dependency treatment centers; complaints, suggestions, appeals and resolution of complaints, suggestions, and appeals in the process of sending to compulsory drug dependency treatment centers.

Article 2. Principles for Considering and Deciding to Send to Compulsory Drug Dependency Treatment Centers

1. Only consider and decide to send to compulsory drug dependency treatment centers persons aged from 12 to under 18 years old who are drug addicts (hereinafter referred to as the person proposed) when they fall within one of the cases prescribed in Clause 1, Article 33 of the Law on Prevention and Control of Drugs.

2. The consideration and decision to send to compulsory drug dependency treatment centers must ensure the best interests of the person proposed; ensure friendly procedures suitable to the psychology, gender, age, level of maturity, and cognitive ability of the person proposed.

3. Ensure the right to privacy of the person proposed.

4. Ensure the right of the person proposed to participate and present opinions before the Court, to debate at the hearing according to the provisions of this Ordinance.

5. The person proposed, parents, or guardians of the person proposed have the right to protect their own legitimate rights and interests themselves or through a lawyer or another person.

In case the person proposed does not have a representative to protect their legitimate rights and interests, the Court requests the Bar Association to assign a law firm to appoint a lawyer; the State Legal Aid Center assigns a Legal Aid Officer or lawyer to provide legal aid to the person receiving legal aid according to the provisions of the Law on Legal Aid to protect their legitimate rights and interests.

The Court ensures the protection of the legitimate rights and interests of the person proposed.

6. The consideration and decision to send to compulsory drug dependency treatment centers shall be carried out by a Judge. When considering and deciding to send to compulsory drug dependency treatment centers, the Judge acts independently and only adheres to the law. Ensuring the impartiality of those conducting the hearing to consider and decide to send to compulsory drug dependency treatment centers.

7. Ensuring that the consideration and decision to send to compulsory drug dependency treatment centers are conducted promptly and timely.

8. The language and writing used in the consideration and decision to send to compulsory drug dependency treatment centers at the Court is Vietnamese.

The person proposed, parents, or guardians or lawful representatives of the person proposed have the right to use their own language and writing and must have an interpreter.

9. Ensuring the right to be considered at two levels in the consideration and decision to send to compulsory drug dependency treatment centers.

1. The People's Court at district, town, city district, provincial city level, and centrally governed city level (hereinafter referred to as the People's Court at district level) where the person proposed resides or where the violation occurred if their place of residence cannot be determined shall have the competence to examine and decide on compulsory drug rehabilitation.

2. The People's Court at provincial level and centrally governed city level (hereinafter referred to as the People's Court at provincial level) shall have the competence to review decisions made by the People's Court at district level that have been appealed, recommended for review, or protested.

Article 4. Supervision of Examination and Decision on Compulsory Drug Rehabilitation

1. The People's Procuracy shall supervise the legality of actions and decisions of the Court, agencies, organizations, and individuals in examining and deciding on compulsory drug rehabilitation as stipulated in this Ordinance; implement rights to request, recommend, and protest to ensure timely and lawful resolution.

2. The Procuracy shall participate in meetings; participate in considering postponement, exemption, or temporary suspension of enforcement of the decision on compulsory drug rehabilitation as stipulated in this Ordinance.

3. After receiving the notification of case acceptance from the same-level Court, the Procuracy has the right to study the file at the Court that accepted the case, and has the right to copy the case file.

Article 5. Responsibilities of Agencies, Organizations, and Individuals in Examining and Deciding on Compulsory Drug Rehabilitation

1. Agencies, organizations, and individuals may not interfere illegally with the Court's examination and decision on compulsory drug rehabilitation.

2. Within the scope of their duties and powers, agencies, organizations, and individuals must cooperate with the Court in examining and deciding on compulsory drug rehabilitation when requested by the Court.

3. Decisions of the Court that have taken legal effect must be enforced and respected by agencies, organizations, and individuals. Agencies, organizations, and individuals related to the matter must comply with the Court's decision and bear responsibility under the law for such compliance.

Article 6. Management Responsibility for Work on Examination and Decision on Compulsory Drug Rehabilitation

Within the scope of their functions, tasks, and powers, the Supreme People's Court manages work on examination and decision on compulsory drug rehabilitation of Courts, with the following responsibilities and powers:

1. To take the lead and coordinate in issuing, proposing to issue, and submitting to competent authorities for issuance of normative legal documents on examination and decision on compulsory drug rehabilitation;

2. To organize statistics, build, and manage databases on examination and decision on compulsory drug rehabilitation;

3. To take the lead and coordinate in guiding, training, and enhancing professional skills in implementing laws on examination and decision on compulsory drug rehabilitation;

4. To inspect the implementation of laws in examination and decision on compulsory drug rehabilitation by Courts.

Article 7. Costs and Fees in Examination and Decision on Compulsory Drug Rehabilitation

1. Costs in examination and decision on compulsory drug rehabilitation include:

a) Costs for interpreters and translators;

b) Costs for Lawyers and Legal Aid Assistants who protect the legitimate rights and interests of the person proposed;

c) Appraisal costs, costs for copying documents, and other costs as prescribed by law.

2. Costs in examination and decision on compulsory drug rehabilitation as stipulated in Clause 1 of this Article shall be implemented according to the provisions of the law on litigation costs.

3. The responsibility for paying costs in examination and decision on compulsory drug rehabilitation is defined as follows:

a) Costs as stipulated in Clause 1 of this Article shall be paid upon request by the Court; in cases where the State Legal Aid Center assigns someone to protect the legitimate rights and interests of the person proposed, it shall be paid by that Center;

b) Costs as stipulated in point a and point b of Clause 1 of this Article, if the person proposed, their parents, or guardians of the person proposed voluntarily request them, they shall pay, except as otherwise provided by law.

4. Fees for issuing copies of documents and copying documents at the Court shall be implemented according to the provisions of the law on court fees and procedural fees.

Chapter II

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR EXAMINATION AND DECISION ONCOMPULSORY DRUG REHABILITATION

Within fifteen days from the date the Court accepts the file proposed by the Head of the Labor - War Invalids and Social Affairs Department, the Court must issue one of the decisions provided for in point i, Clause 4, Article 21 of this Ordinance; for complex cases, this period may be extended but not exceeding thirty days.

Article 9. Acceptance and registration of files proposing compulsory drug rehabilitation

2. Within one working day from the date of receiving the complete file as prescribed in Clause 4, Article 34 of the Law on Prevention and Control of Drugs, the Court must register the case and assign a Judge to examine and resolve it.

Article 10. Assignment of Judges to Examine and Decide on Compulsory Drug Rehabilitation

1. Within the time limit specified in Clause 2, Article 9 of this Ordinance, the Chief Justice of the Court assigns a Judge to examine and decide on compulsory drug rehabilitation. The assigned Judge must be someone who has been trained or has experience in handling cases involving persons under eighteen years old or has necessary knowledge about psychology and education science for persons under eighteen years old.

2. The assigned Judge must refuse to examine and decide if there is clear evidence that they may not be impartial while performing their duties.

3. In case the assigned Judge cannot continue to perform the task or falls under the circumstances requiring refusal to examine and decide, the Chief Justice of the Court assigns another Judge to examine and decide on compulsory drug rehabilitation.

Article 11. Circumstances Requiring Refusal or Change of Judge, Clerk of the Session

1. Being a close relative of the person proposed.

2. Having previously examined and decided on compulsory drug rehabilitation in the same case.

3. Having previously handled complaints, suggestions, appeals against the decision on compulsory drug rehabilitation in the same case.

4. Having other clear grounds indicating that they may not be impartial while performing their duties.

Article 12. Notification of Case Registration

2. The notification document must include the following main contents:

a) Date, month, year of issuing the notification document;

b) Name and address of the Court registering the file;

c) Number, date, month, year of file registration;

đ) Name and place of residence of the proposed person;

e) Proposal for compulsory drug rehabilitation.

Article 13. Examination of Files Proposing Compulsory Drug Rehabilitation

1. The assigned Judge must examine the file regarding the following contents:

a) Documents in the file proposing as stipulated in Clause 4, Article 34 of the Law on Prevention and Control of Drugs;

b) Authority, procedure, and process of establishing the file proposing compulsory drug rehabilitation.

2. If it is necessary to clarify the health status, psychological condition, living conditions, and study conditions of the proposed person, the Judge may seek opinions from medical, psychological, educational, sociological experts, representatives of the school where the proposed person studies, representatives of the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune), representatives of the Vietnam Fatherland Front Committee at the commune level and its member organizations where the proposed person resides, and other agencies, organizations, and individuals.

3. Within three working days from the date of assignment, based on the results of the file examination, the Judge must decide on one of the following contents:

a) Request for supplementary documents;

b) Suspension or temporary suspension of the examination and decision on compulsory drug rehabilitation;

c) Holding a session to examine and decide on compulsory drug rehabilitation.

Article 14. Right to Provide Documents of the Person Subjected to Proposal

1. From the date of receiving the notification of acceptance until the time the Court convenes a session and during the session, the person subjected to proposal, their parents or guardians or lawful representatives, or the person protecting the legitimate rights and interests of the person subjected to proposal have the right to provide documents to the Court that has accepted the case.

2. The provision of documents may be carried out at the Court, sent through postal service, or submitted online via the Court's electronic portal.

Article 15. Request for Supplementing Documents

a) When the application file contains unclear or contradictory documents requiring supplementation and clarification;

b) When serious violations of the procedures and formalities for establishing the application file for compulsory drug rehabilitation facilities are discovered.

2. The document requesting the supplementation of documents must clearly state the required documents and the reasons for the request.

1. The Judge issues a decision to suspend the examination and decision on compulsory drug rehabilitation when there is one of the following grounds:

a) The person subjected to proposal does not fall under any of the circumstances specified in Clause 1 of Article 33 of the Law on Prevention and Control of Drugs;

b) The person subjected to proposal has died;

c) The person subjected to proposal lacks civil capacity;

d) The Head of the Department of Labor - Invalids and Social Affairs withdraws the proposal;

đ) The person subjected to proposal is serving a criminal sentence or awaiting execution of a criminal sentence according to a judgment or decision of the Court that has taken legal effect;

e) The person subjected to proposal is serving or awaiting execution of administrative measures for placement in a reformatory school or educational measures at a reformatory school according to a judgment or decision of the Court that has taken legal effect;

g) The person subjected to proposal suffers from a serious illness, certified by a medical facility at the district level or higher.

2. The Judge issues a decision to temporarily suspend the examination and decision on compulsory drug rehabilitation when there is one of the following grounds:

a) The person subjected to proposal has committed a violation of the law and is being pursued for criminal responsibility or is being considered for administrative measures for placement in a reformatory school;

b) When new circumstances regarding the health or mental condition of the person subjected to proposal arise and require the Head of the Department of Labor - Invalids and Social Affairs to conduct an appraisal;

c) There is an unforeseen event preventing the convening of a session to examine and decide on compulsory drug rehabilitation;

d) The person subjected to proposal is seriously ill, certified by a medical facility at the district level or higher.

3. When the grounds for temporary suspension specified in Clause 2 of this Article no longer exist, the Court will consider reconvening the session in accordance with this Ordinance.

Article 17. Decision to convene a session to consider and decide on compulsory drug rehabilitation

1. Within seven working days from the date of issuing the decision to convene the session, the Court must convene the session to consider and decide on compulsory drug rehabilitation.

2. The decision to convene the session shall include the following main contents:

a) Full name, date of birth, place of residence of the person proposed.

b) Full name of parents or guardians or legal representatives of the person proposed.

d) Proposal for compulsory drug rehabilitation.

đ) Date, month, year, location of the direct or online session.

e) Full name of the Judge and Clerk of the session.

g) Full name of the person protecting the legitimate rights and interests of the person proposed.

h) Full name of the interpreter (if any).

i) Full name of other persons requested to participate in the session.

3. At least three working days before convening the session, the decision to convene the session must be sent to the persons specified in points a, b, c, g, h, and i of Clause 2 of this Article and the same-level People's Procuracy.

Article 18. Composition of the session

1. The session shall be conducted by the Judge and the Clerk of the session.

3. In case of necessity, the Court may request the presence of the appraiser, interpreter, translator, medical, psychological, educational, sociological experts, representatives of the school where the person proposed studies, representatives of the People's Committee at the commune level, representatives of the Vietnam Fatherland Front Committee at the commune level and its member organizations where the person proposed resides, and other participants in the session.

Article 19. Rights and obligations of session participants

1. Request to change the session conductors.

2. Access to, read, record, copy, and view documents in the proposal file.

3. Provide documents, explain, present opinions, debate at the session according to the provisions of this Ordinance.

4. Delegate in writing to a lawyer or another person to represent themselves in the session if they are the person proposed.

5. Receive decisions of the Court.

6. Lodge complaints according to the provisions of this Ordinance.

7. Attend the session as required by the Court.

8. Respect the Court and comply with the session rules.

9. Comply with the Court's decisions that have become legally binding.

10. Other rights and obligations as prescribed by law.

Article 20. Participation in the session to consider and decide on compulsory drug rehabilitation

2. If the person proposed, parents or guardians or legal representatives, or the person protecting the legitimate rights and interests of the person proposed are absent for valid reasons, the Court may postpone the session; in case of absence without valid reasons or upon request to consider the absence, the Court will still proceed with the session.

3. In case the interpreter is absent and the Court cannot replace them immediately, the Court must postpone the session.

4. The postponement period shall not exceed five working days from the date of the postponement notice. The Court must notify the postponement of the session to the participants in the session as stipulated in Clause 1 of this Article and clearly state the reason for the postponement, the time to reconvene the session. For those who are absent from the session, the Court must notify in writing.

Article 21. Meeting to consider and decide on compulsory drug rehabilitation

1. The meeting to consider and decide on compulsory drug rehabilitation may be held either in person or online.

2. The meeting to consider and decide on compulsory drug rehabilitation shall be conducted in a friendly manner, ensuring the rights and legitimate interests of the person proposed for such measures. The meeting room shall be arranged in a friendly and safe manner. The judge assigned to conduct the meeting must comply with the provisions of Clause 1 of Article 10 of this Ordinance and wear the administrative uniform of the People's Court. During the meeting, the parents or guardians, or the lawful representatives of the person proposed shall support the person proposed. Questions asked to the person proposed must be appropriate to their age, level of development, cultural level, and understanding. Questions should be concise, simple, and easy to understand, without asking multiple issues at once.

3. Prior to the commencement of the meeting, the clerk of the meeting shall perform the following tasks:

a) Announce the rules of the meeting;

b) Check the presence of those persons requested by the Court to participate in the meeting; if anyone is absent, the reason must be clarified and reported to the judge for consideration of whether to continue the meeting or postpone it.

4. The procedure for the meeting shall be conducted as follows:

a) The judge declares the opening of the meeting;

b) The judge must explain the rights and obligations of the participants in the meeting. In case there is a request to change the judge or the clerk of the meeting, the judge must examine it; if there is a basis as prescribed in Article 11 of this Ordinance, the meeting shall be temporarily suspended and reported to the Chief Judge of the Court for examination and decision. If the judge or clerk of the meeting needs to be changed but there is no other judge or clerk available to replace them, the meeting shall be postponed. The postponement of the meeting shall be carried out in accordance with the provisions of Clause 4 of Article 20 of this Ordinance;

đ) Participants in the meeting present their opinions on the grounds for compulsory drug rehabilitation, propose or not to propose compulsory drug rehabilitation; the time for compulsory drug rehabilitation;

e) The appraiser, medical specialist, psychologist, educator, sociologist, representative of the school where the person proposed studies, representative of the People's Committee of the commune, representative of the Vietnam Fatherland Front Committee of the commune and its member organizations where the person proposed resides, and other participants in the meeting present their opinions to clarify related issues;

h) The prosecutor expresses opinions on the legality of the actions and decisions of the Court, agency, organization, or individual in considering and deciding on compulsory drug rehabilitation as prescribed by this Ordinance;

i) The judge announces the decision to admit or not admit to compulsory drug rehabilitation; the decision to suspend or temporarily suspend the consideration and decision on compulsory drug rehabilitation if it falls under the cases prescribed in Article 16 of this Ordinance.

The minutes of the meeting to consider and decide on compulsory drug rehabilitation must clearly record the date, month, year, and location of the meeting; participants in the meeting; content and proceedings of the meeting; decisions made by the Judge.

After the conclusion of the meeting, the Judge must review the minutes, together with the Clerk of the meeting, sign the minutes. The Prosecutor, the person proposed, parents or guardians or legal representatives, the defender of the rights and legitimate interests of the proposed person, the Head of the Department of Labor - Invalids and Social Affairs or the authorized representative have the right to view the minutes of the meeting, have the right to request amendments and supplements to be recorded in the minutes and sign to confirm.

Article 23. Content of Decisions to Send or Not Send to Compulsory Drug Rehabilitation Facilities; Decisions to Suspend or Temporarily Suspend Consideration and Decision-Making for Sending to Compulsory Drug Rehabilitation Facilities

The decisions prescribed at point i, Clause 4, Article 21 of this Ordinance must include the following main contents:

1. Number, date, month, year of the decision;

2. Name of the Court issuing the decision;

3. Full name of the Judge and the Clerk of the meeting;

4. Full name of the Prosecutor participating in the meeting;

6. Full name, date of birth, place of residence, occupation, educational level of the proposed person; full name, address of parents or guardians or legal representatives, defenders of the rights and legitimate interests of the proposed person;

7. Proposal to send to compulsory drug rehabilitation facilities;

8. Reasons and bases for making the decision;

9. Decision to send or not send to compulsory drug rehabilitation facilities; decision to suspend or temporarily suspend consideration and decision-making for sending to compulsory drug rehabilitation facilities. The decision to send to compulsory drug rehabilitation facilities must clearly state the duration of compulsory rehabilitation;

10. Responsibilities of agencies, organizations, and individuals executing the decision;

11. Right to appeal against the decision;

12. Effectiveness of the decision;

13. Recipients of the decision.

Article 24. Effectiveness of Court Decisions

1. Decisions to send or not send to compulsory drug rehabilitation facilities; decisions to suspend or temporarily suspend consideration and decision-making for sending to compulsory drug rehabilitation facilities take effect from the day the deadline specified in Article 37 of this Ordinance expires without any appeals, objections, or protests.

2. Decisions of the Court stipulated in this Chapter take immediate effect from the date of issuance, except for the decisions stipulated in paragraph 1 of this Article.

1. Within two working days from the date of announcing the decision, the Court that issued the decision to send or not send to compulsory drug rehabilitation facilities must deliver the decision to the Head of the Department of Labor - Invalids and Social Affairs, the County Police, the People's Committee of the commune where the proposed person resides or the People's Committee of the commune where the violation occurred, the proposed person, parents or guardians or legal representatives of the proposed person, the same-level Prosecution Office, and relevant agencies.

2. Within two working days from the date of announcing the decision, the Court that issued the decision to suspend or temporarily suspend consideration and decision-making for sending to compulsory drug rehabilitation facilities must deliver the decision to the Head of the Department of Labor - Invalids and Social Affairs, the People's Committee of the commune where the proposed person resides or the People's Committee of the commune where the violation occurred, the proposed person, parents or guardians or legal representatives of the proposed person, the same-level Prosecution Office, and other related persons.

Article 26. Management of Files for Review and Decision on Compulsory Drug Rehabilitation Centers

Documents and texts during the review and decision-making process for compulsory drug rehabilitation centers must be compiled into files, indexed, and stored according to legal regulations.

Chapter III

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR REVIEWING AND DECIDING ON SUSPENSION, EXEMPTION FROM ENFORCEMENT OF THE DECISION TO ENTER A COMPULSORY DRUG REHABILITATION CENTER, OR TEMPORARY HALT OR EXEMPTION FROM ENFORCEMENT OF THE REMAINING TIME IN THE DECISION TO ENTER A COMPULSORY DRUG REHABILITATION CENTER

Section 1

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR REVIEWING AND DECIDING ON SUSPENSION, EXEMPTION FROM ENFORCEMENT OF THE DECISION TO ENTER A COMPULSORY DRUG REHABILITATION CENTER

Article 27. Suspension, Exemption from Enforcement of the Decision to Enter a Compulsory Drug Rehabilitation Center

1. Persons required to enforce the decision to enter a compulsory drug rehabilitation center (hereinafter referred to as persons required to enforce) but have not yet entered such a center may have their enforcement of the decision suspended in the following cases:

b) The family is experiencing special difficulties confirmed by the Chairman of the People's Committee of the commune where the person resides;

c) Meeting the conditions and having registered to participate in or currently participating in the national high school graduation examination or must participate in the graduation examination in vocational education institutions, certified by the educational institution where the person studies.

2. Persons required to enforce but have not yet entered a compulsory drug rehabilitation center may be exempted from enforcement of the decision in the following cases:

b) During the suspension period of the decision as stipulated in Clause 1 of this Article, the person voluntarily undergoes detoxification and is certified by the competent authority as being free from drug addiction;

c) During the suspension period of the decision to enter a compulsory drug rehabilitation center, the person is sentenced to imprisonment by the court without probation and is subject to educational measures at a reformatory or administrative handling measures to enter a reformatory according to the judgment or decision of the court that has taken legal effect.

Article 28. Persons Entitled to Request Suspension or Exemption from Enforcement of the Decision to Enter a Compulsory Drug Rehabilitation Center

1. In cases where there are grounds to request suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center as prescribed in Article 27 of this Ordinance, the person required to enforce, parents or guardians or legal representatives of the person required to enforce have the right to submit a request for suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center to the court that issued the decision to enter a compulsory drug rehabilitation center for review and decision.

2. Requests for suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center, along with supporting documents proving one of the cases specified in Article 27 of this Ordinance, shall be submitted directly to the court, sent through postal services, or submitted online via the court’s electronic portal.

1. Within two working days from the date of receipt of the request and accompanying documents, the court must accept and assign a Judge to review and resolve the matter, while simultaneously notifying the person who submitted the request, the Director of the Department of Labor, Invalids and Social Affairs, and the same-level Procurator's Office in writing.

2. Within three working days from the date of assignment, the Judge must review and issue a decision; if necessary, the Director of the Department of Labor, Invalids and Social Affairs, and the same-level Procurator's Office must provide written opinions before the court issues its decision.

3. After reviewing the accompanying documents with the request, the Judge shall issue one of the following decisions:

a) Accept the request for suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center;

b) Reject the request for suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center.

4. The decision regarding suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center must include the following main contents:

a) Number, date, month, year of issuance;

b) Name of the Court issuing the decision;

c) Name of the Judge;

d) Name of the person who submitted the request;

đ) Name of the Director of the Department of Labor, Invalids and Social Affairs;

e) Name, date of birth, place of residence, occupation, and educational level of the person proposed for suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center;

g) Reasons and basis for issuing the decision;

h) Content of the suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center;

i) Responsibilities of agencies, organizations, or individuals implementing the decision;

k) Effectiveness of the decision;

l) Recipients of the decision.

5. The decision regarding suspension or exemption from enforcement of the decision to enter a compulsory drug rehabilitation center takes effect upon expiration of the appeal or objection period as stipulated in Article 37 of this Ordinance and must be sent to the Public Security Bureau at the district level, the Director of the Department of Labor, Invalids and Social Affairs, the person required to enforce the decision, parents or guardians or legal representatives of the person required to enforce, the same-level Procurator's Office, the People's Committee of the commune of residence or the People's Committee of the commune where the violation occurred within two working days from the date of issuance of the decision.

1. When the conditions for postponing enforcement of the decision to admit to a compulsory drug rehabilitation facility no longer exist, or the person whose enforcement has been postponed continues to use drugs, or there is evidence that the person has absconded, the People's Committee of the commune where the person resides must send a notification letter to the court that issued the decision.

2. Within three working days from the date of receipt of the notification letter from the People's Committee of the commune, the court shall consider revoking the decision to postpone enforcement and compel the person whose enforcement has been postponed to execute the decision to admit to a compulsory drug rehabilitation facility.

3. The decision compelling execution of the decision to admit to a compulsory drug rehabilitation facility shall take effect immediately and must be sent to the Public Security Office at the district level, the person subject to execution, their parents or guardian or legal representative, the same-level Procuracy, the People's Committee of the commune where the person resides, or the People's Committee of the commune where the violation occurred within two working days from the date of issuance of the decision.

4. The decision compelling execution of the decision to admit to a compulsory drug rehabilitation facility must include the following main contents:

a) Number, date, month, year of issuance;

b) Name of the Court issuing the decision;

c) Full name, date of birth, place of residence, occupation, educational level of the person to be admitted to the compulsory drug rehabilitation facility;

d) Reason and basis for issuing the decision;

đ) Content of revoking the decision to postpone enforcement and compelling the person whose enforcement has been postponed to execute the decision to admit to a compulsory drug rehabilitation facility;

e) Responsibilities of agencies, organizations, or individuals executing the decision;

g) Right to appeal against the decision;

h) Effectiveness of the decision;

i) Place of receipt of the decision.

Section 2

PROCEDURE AND REQUIREMENTS FOR CONSIDERING AND DECIDING ON TEMPORARY SUSPENSION OR EXEMPTION FROM ENFORCEMENT OF THE REMAINING PERIOD IN THE DECISION TO ADMIT TO A COMPULSORY DRUG REHABILITATION FACILITY

Article 31. Temporary Suspension or Exemption from Enforcement of the Remaining Period in the Decision to Admit to a Compulsory Drug Rehabilitation Facility

a) Seriously ill and required to be hospitalized for more than ten days at a medical facility at the provincial level or higher;

b) Seriously ill and the compulsory drug rehabilitation facility does not have the necessary conditions to provide treatment, requiring outpatient treatment for more than ten days according to the prescription of a medical facility at the provincial level or higher.

2. A person who is executing the decision may be exempted from enforcing the remaining period in the decision to admit to a compulsory drug rehabilitation facility in the following case:

b) A person aged between fourteen and under eighteen years old who is undergoing compulsory drug rehabilitation and is found to have committed a criminal act before or during the execution of the compulsory drug rehabilitation decision, and is sentenced to imprisonment without probation according to a judgment or decision of the court that has taken legal effect.

1. If a person who is executing the decision falls under the provisions of Article 31 of this Ordinance, the court may temporarily suspend or exempt them from enforcing the remaining period in the decision to admit to a compulsory drug rehabilitation facility based on the proposal of the Director of the compulsory drug rehabilitation facility.

2. The Director of the compulsory drug rehabilitation facility shall submit the file proposing temporary suspension or exemption from enforcement of the remaining period in the decision to admit to a compulsory drug rehabilitation facility to the People's Court at the district level where the compulsory drug rehabilitation facility is located. The file proposing includes:

a) Copy of the decision to admit to a compulsory drug rehabilitation facility;

b) Documents proving that they fall under one of the cases stipulated in Article 31 of this Ordinance;

c) Proposal letter from the Director of the compulsory drug rehabilitation facility.

1. Within two working days from the date of receipt of the application for temporary suspension or exemption from execution of remaining time in decisions to enroll in compulsory drug rehabilitation facilities, the Court must accept the case and assign a Judge to review and resolve it, while simultaneously notifying in writing the Director of the compulsory drug rehabilitation facility and the same-level People's Procuracy.

2. Within three working days from the date of assignment, the Judge must review and issue a decision; if necessary, the Director of the compulsory drug rehabilitation facility and the same-level People's Procuracy shall provide their opinions in writing before the Court issues its decision.

3. After reviewing the application, the Judge shall issue one of the following decisions:

a) Accepting the application for temporary suspension or exemption from execution of remaining time in decisions to enroll in compulsory drug rehabilitation facilities;

b) Not accepting the application for temporary suspension or exemption from execution of remaining time in decisions to enroll in compulsory drug rehabilitation facilities.

4. The decision on temporary suspension or exemption from execution of remaining time in decisions to enroll in compulsory drug rehabilitation facilities must include the following main contents:

a) Number, date, month, year of issuance;

b) Name of the Court issuing the decision;

c) Name of the Judge;

d) Full name, date of birth, place of residence, occupation, educational level of the person executing the decision to enroll in compulsory drug rehabilitation facilities;

đ) Full name of the Director of the compulsory drug rehabilitation facility making the request;

e) Reasons and basis for issuing the decision;

g) Content of temporary suspension or exemption from execution of remaining time in decisions to enroll in compulsory drug rehabilitation facilities;

h) Responsibilities of agencies, organizations, or individuals implementing the decision;

i) Right to appeal against the decision.

k) Effectiveness of the decision;

l) Recipients of the decision.

5. The decision on temporary suspension or exemption from execution of remaining time in decisions to enroll in compulsory drug rehabilitation facilities takes effect from the day the appeal period specified in Article 37 of this Ordinance expires and must be sent to the person executing the decision, his parents or legal guardian or legal representative, the People's Court that issued the decision, the Director of the compulsory drug rehabilitation facility, the People's Committee of the commune where the person resides or the People's Committee of the commune where the violation occurred, and the same-level People's Procuracy within two working days from the date of issuance of the decision.

1. When the conditions for temporary suspension of execution of decisions to enroll in compulsory drug rehabilitation facilities no longer exist or the person temporarily suspended continues to use drugs or there is evidence suggesting that the person has fled, the People's Committee of the commune where the person temporarily suspended resides must send a written notification to the Court that issued the decision.

2. Within three working days from the date of receipt of the written notification from the People's Committee of the commune, the Court will consider revoking the decision on temporary suspension and compel the person temporarily suspended to execute the decision to enroll in compulsory drug rehabilitation facilities.

3. The decision compelling execution of the decision to enroll in compulsory drug rehabilitation facilities takes immediate effect and must be sent to the person required to execute the decision, his parents or legal guardian or legal representative, the Director of the compulsory drug rehabilitation facility, the Public Security Department at the district level, and the same-level People's Procuracy within two working days from the date of issuance of the decision.

4. The decision compelling execution of the decision to admit to a compulsory drug rehabilitation facility must include the following main contents:

a) Number, date, month, year of issuance;

b) Name of the Court issuing the decision;

c) Full name, date of birth, place of residence, occupation, educational level of the person to be admitted to the compulsory drug rehabilitation facility;

d) Reason and basis for issuing the decision;

đ) Content of the decision to revoke the temporary suspension and compel the person temporarily suspended to execute the decision to enroll in compulsory drug rehabilitation facilities;

e) Responsibilities of agencies, organizations, or individuals executing the decision;

g) Right to appeal against the decision;

h) Effectiveness of the decision;

i) Place of receipt of the decision.

Chapter IV

APPEAL, PETITION, PROTEST; RESOLUTION OF APPEAL, PETITION, PROTEST IN THE ENROLLMENT IN COMPULSORY DRUG REHABILITATION FACILITIES

Section 1

APPEAL, PETITION, PROTEST; RESOLUTION OF APPEAL, PETITION, PROTEST OF COURT DECISIONS IN THE ENROLLMENT IN COMPULSORY DRUG REHABILITATION FACILITIES

Article 35. Decisions of the Court may be appealed, protested, or prosecuted

1. Decision to place in compulsory drug rehabilitation facility.

2. Decision not to place in compulsory drug rehabilitation facility.

3. Decision to suspend or temporarily suspend the examination and decision on placement in a compulsory drug rehabilitation facility.

4. Decision regarding postponement or exemption from execution of the decision to place in a compulsory drug rehabilitation facility.

5. Decision regarding temporary suspension or exemption from remaining time in the decision to place in a compulsory drug rehabilitation facility.

Article 36. Persons with the right to appeal, protest, or prosecute decisions of the Court

1. The person proposed, parents or guardians or legal representatives of the proposed person have the right to appeal the Court's decision on placement in a compulsory drug rehabilitation facility.

Article 37. Time limit for appealing, protesting, or prosecuting decisions of the Court

1. The appeal period for the proposed person, parents or guardians or legal representatives of the proposed person is five working days, starting from the day the Court announces the decision; in cases where they are absent from the hearing or when the Court does not hold a hearing and issues a decision as provided by this Ordinance, which allows them to appeal against such decision, the appeal period is five working days, starting from the day they receive the Court's decision.

In cases where an irresistible event or objective obstacle prevents the person entitled to appeal from exercising their right to appeal within the prescribed time limit, the duration of such irresistible event or objective obstacle shall not be counted towards the appeal period.

Article 38. Procedure for appealing, protesting, or prosecuting decisions of the Court

1. The appellant must submit a petition to the Court that examined and decided on the placement in a compulsory drug rehabilitation facility, clearly stating the reasons and grounds for the appeal.

Article 39. Procedure for resolving appeals, protests, or prosecutions of decisions of the Court

2. Within two working days from the date of receipt of the appeal petition or protest/prosecution document along with the file, the competent People's Court at the provincial level must accept the case and assign a Judge to examine and resolve it; simultaneously, they must notify in writing the appellant, protester, and the Procurator of the same-level Procuracy.

3. Within five working days from the date of assignment, the Judge must convene a hearing to examine and resolve. At least three working days before the hearing, the Judge must notify in writing the convening of the hearing to the persons specified in Clause 4 of this Article.

a) The appellant, or their legal representative;

b) The Director of the Department of Labor - Invalids and Social Affairs or their authorized representative, or the Director of the compulsory drug rehabilitation facility or their authorized representative;

c) A Prosecutor from the same-level Procuracy;

d) If necessary, the Court may request the presence of experts, interpreters, translators, medical, psychological, educational, sociological specialists, representatives of the school where the proposed person studies, representatives of the People's Committee of the commune, representatives of the Vietnam Fatherland Front Committee of the commune and its member organizations where the proposed person resides, or other participants.

5. If one of the persons specified in points b and c of Clause 4 of this Article is absent, the hearing must be postponed. The postponement of the hearing shall be carried out according to the provisions of Clause 4 of Article 20 of this Ordinance.

If the appellant is absent for the first time with a valid reason, the Court must postpone the hearing; if there is no valid reason or if there is a request for absence or if the appellant is absent for the second time, the Court will still proceed with the hearing.

6. If the appellant withdraws the appeal, the protester withdraws the protest, or the Procurator withdraws the prosecution, the Court suspends the examination of the appeal, protest, or prosecution; in this case, the decision subject to appeal, protest, or prosecution remains enforceable.

Article 40. Session to Examine and Resolve Complaints, Petitions, and Protests against Court Decisions

1. The provisions of Clause 1 and Clause 2 of Article 21 of this Ordinance shall be implemented at the session to examine and resolve complaints, petitions, and protests against court decisions.

2. Prior to convening the session, the Clerk of the session shall perform the following tasks:

a) Announce the rules of the meeting;

b) Check the presence of those persons requested by the Court to participate in the meeting; if anyone is absent, the reason must be clarified and reported to the judge for consideration of whether to continue the meeting or postpone it.

a) The judge declares the opening of the meeting;

b) The judge must explain the rights and obligations of the participants in the meeting. In case there is a request to change the judge or the clerk of the meeting, the judge must examine it; if there is a basis as prescribed in Article 11 of this Ordinance, the meeting shall be temporarily suspended and reported to the Chief Judge of the Court for examination and decision. If the judge or clerk of the meeting needs to be changed but there is no other judge or clerk available to replace them, the meeting shall be postponed. The postponement of the meeting shall be carried out in accordance with the provisions of Clause 4 of Article 20 of this Ordinance;

c) The complainant or their legally authorized representative presents the content of the complaint; the Head of the Labor - War Invalids and Social Affairs Department or the person authorized or the Director of the Compulsory Drug Rehabilitation Center or the person authorized presents the content of the petition; the Prosecutor presents the content of the protest;

d) The person against whom the complaint is directed or their legally authorized representative presents their opinion and debates with the Head of the Labor - War Invalids and Social Affairs Department or the person authorized or the Director of the Compulsory Drug Rehabilitation Center or the person authorized, and the representative of the People's Procuracy in case the Procuracy protests;

đ) The appraiser, medical, psychological, educational, sociological experts, representatives of the school where the person against whom the complaint is directed studies, representatives of the People's Committee of the commune, representatives of the Vietnam Fatherland Front Committee of the commune and its member organizations where the person against whom the complaint is directed resides, and other participants in the session present their opinions to clarify issues related to the content of the complaint, petition, and protest;

e) The Prosecutor expresses their opinion on the legality of the actions and decisions of the court, agency, organization, or individual in examining the complaint, petition, and protest according to the provisions of this Ordinance.

4. The Judge makes one of the decisions prescribed in Article 41 of this Ordinance.

Article 41. Authority of the Judge to Resolve Complaints, Petitions, and Protests

9. Revoking the decision not to accept the request to temporarily suspend or exempt from executing the remaining time in the decision to admit to the Compulsatory Drug Rehabilitation Center and making the decision to temporarily suspend or exempt from executing the remaining time in the decision to admit to the Compulsory Drug Rehabilitation Center when there is a basis stipulated in Article 31 of this Ordinance.

1. The decision resolving complaints, petitions, and objections must include the following main contents:

a) Number, date, month, year of issuance;

b) Name of the Court issuing the decision;

c) Full name of the Judge and Clerk of the session;

d) Full name of the Prosecutor participating in the session;

đ) Full name of the complainant;

e) Full name of the Head of the Labor - War Invalids and Social Affairs Department making the petition, full name of the authorized person (if any), or full name of the Director of the Compulsory Drug Rehabilitation Center making the petition, full name of the authorized person (if any); Prosecutor objecting;

g) Content of the complaint, petition, and objection;

h) Reasons, grounds, and content of the resolution of the complaint, petition, and objection;

i) Effectiveness of the decision;

k) Place to receive the decision.

2. The decision resolving complaints, petitions, and objections takes effect immediately upon issuance.

Within two working days from the date of announcing the decision, the Court must send it to the agencies, individuals specified in Article 25 of this Ordinance and the Court that issued the decision being complained about, petitioned against, or objected to, and the Director of the Compulsory Drug Rehabilitation Center.

3. The decision resolving complaints, petitions, and objections and all documents and texts during the examination and resolution of complaints, petitions, and objections must be indexed and stored according to the provisions of the law.

Section 2

COMPLAINTS AND RESOLUTION OF COMPLAINTS AGAINST THE ACTIONS OF COURT AUTHORIZED PERSONNEL IN THE EXAMINATION AND DECISION TO ADMIT INTO A COMPULSORY DRUG REHABILITATION CENTER

Article 43. Actions That Can Be Complained About in the Examination and Decision to Admit Into a Compulsory Drug Rehabilitation Center

Agencies, organizations, and individuals have the right to complain about the actions of the Chief Justice, Judge, and Clerk of the Court in the transfer, receipt of files, acceptance for trial, assignment of Judges, request for additional materials, sending decisions of the Court, convening sessions, composition of the session, time limit for resolution, and other actions in the examination and decision to admit into a compulsory drug rehabilitation center if there is evidence that such actions are contrary to the law, infringing upon their legitimate rights and interests.

Article 44. Rights and Obligations of the Complainant

1. Agencies, organizations, and individuals who file complaints have the following rights:

a) To file a complaint themselves or through a legally authorized representative;

b) To file a complaint at any stage of the process of examination and decision to admit into a compulsory drug rehabilitation center;

c) To withdraw a complaint at any stage of the complaint resolution process;

d) To receive a document confirming the acceptance of the complaint for resolution, and to receive the decision on the resolution of the complaint;

đ) To restore their legitimate rights and interests that have been infringed upon, and to be compensated for damages according to the provisions of the law.

2. Agencies, organizations, and individuals who file complaints have the following obligations:

a) To file the petition with the competent authority;

b) To truthfully state the facts, provide information and materials to the authority resolving the petition; to bear responsibility under the law for the contents stated and the information and materials provided;

c) To comply with the decision resolving the complaint once it has taken legal effect.

Article 45. Rights and Obligations of the Person Against Whom the Complaint Is Filed

1. The respondent has the following rights:

a) To present evidence regarding the legality of the complained action;

b) To receive the decision resolving the complaint regarding the complained action.

2. The respondent has the following obligations:

a) To explain the complained action; provide relevant information and materials when requested by the authority;

b) To comply with the decision resolving the complaint once it has taken legal effect;

c) To compensate for damages and rectify consequences caused by their unlawful actions according to the provisions of the law.

Article 46. Time Limit for Complaints

The time limit for complaints is three working days, starting from the day when the complainant becomes aware of the act of the person with authority that the complainant believes violates the law.

In cases where force majeure or objective obstacles prevent the complainant from exercising their right to file a complaint within the prescribed time limit under this Article, the period during which such force majeure or objective obstacles occur shall not be counted towards the time limit for filing complaints.

Article 47. Competence and Time Limit for Handling Complaints

Complaints against the acts of the President of the People's Court at district level shall be resolved by the competent President of the People's Court at provincial level within five working days from the date of receipt of the complaint. The decision of the President of the People's Court at provincial level is a legally binding decision.

2. Complaints against the acts of Judges and Court Secretaries at provincial level shall be resolved by the President of the People's Court at provincial level. Within three working days from the date of receipt of the complaint, the President of the People's Court at provincial level must examine and resolve it. The decision of the President of the People's Court at provincial level is a legally binding decision.

4. Within two working days from the date of issuance of the decision, the court must send the decision on handling the complaint to the agency, organization, or individual who filed the complaint and the same-level People's Procuracy.

Chapter V

IMPLEMENTING PROVISIONS

Article 48. Effective Date

This Ordinance takes effect from the date of its adoption.

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This Ordinance was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 9, on March 24, 2022.