Joint Circular No. 03/2012/TTLT-BLDTBXH-BYT-BCA provides detailed regulations and guidance on implementing certain provisions of Government Decree No. 94/2010/NĐ-CP dated September 9, 2010, concerning the organization of drug rehabilitation at home and in the community.

JOINT CIRCULAR

Detailed regulations and guidance on implementation of certain provisions of Decree No.

94/2010/NĐ-CP dated September 9, 2010 issued by the Government regarding

organization of drug rehabilitation at home,

community-based drug rehabilitation

____________________________

Pursuant to Decree No. 94/2010/NĐ-CP dated September 9, 2010 of the Government on organization of drug rehabilitation at home, community-based drug rehabilitation;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Public Security.

The Joint Ministries: Ministry of Labor, Invalids and Social Affairs, Ministry of Health, and Ministry of Public Security issue detailed regulations and guidance on implementation of certain provisions of Decree No. 94/2010/NĐ-CP dated September 9, 2010 of the Government on organization of drug rehabilitation at home, community-based drug rehabilitation (hereinafter referred to as Decree No. 94/2010/NĐ-CP) as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

1. Establishment, dissolution, and operational regulations of the Drug Rehabilitation Task Force (hereinafter referred to as the Task Force).

2. Authority and procedures for identifying drug users.

3. Conditions and activities of detoxification centers (hereinafter referred to as detoxification centers).

4. Evaluation of rehabilitation results and issuance of Certificate of Completion of Home and Community-Based Drug Rehabilitation Period.

Article 2. Principles of Guidance and Application of Law

1. This Circular guides the provisions assigned by Decree No. 94/2010/NĐ-CP to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Public Security for implementation and other related issues concerning the execution of home and community-based drug rehabilitation activities.

2. In addition to applying Decree No. 94/2010/NĐ-CP and this Circular, the implementation of home and community-based drug rehabilitation must also comply with the provisions of the Anti-Drug Law and other relevant legal documents.

Chapter II

REGULATIONS ON ESTABLISHMENT, DISSOLUTION AND OPERATIONAL REGULATIONS

OF THE DRUG REHABILITATION TASK FORCE

Article 3. Establishment and Dissolution of the Task Force

1. Establishment of the Task Force:

a) The application dossier for establishing the Task Force is prepared by the labor officer of the commune, ward, town (hereinafter referred to as commune level), including the following documents:

- A proposal from the Chairman of the People's Committee at the commune level regarding the establishment of the drug rehabilitation task force;

- A plan for organizing home-based and community-based drug rehabilitation programs approved by the Chairman of the People's Committee at the commune level;

- A list of proposed members of the Task Force.

b) Composition and number of Task Force members:

- The composition of the Task Force includes: Deputy Chairman of the People's Committee at the commune level as the Head, the labor officer at the commune level as the Deputy Head, and other members as prescribed in Clause 3, Article 5 of Decree No. 94/2010/NĐ-CP;

- The number of Task Force members: For communes with fewer than 20 drug rehabilitants, the Task Force shall consist of seven members; for communes with 20 or more drug rehabilitants, for every additional three drug rehabilitants, one additional member shall be added to the Task Force. Based on the residence of the drug rehabilitants, the Task Force will arrange members in residential wards, villages, hamlets, or villages to facilitate management and support for drug rehabilitants.

c) Within three working days from receipt of the application dossier for establishing the Task Force, the Chairman of the People's Committee at the commune level shall decide to establish the Task Force;

d) The content of the Decision to establish the Task Force shall be implemented according to the model specified in Appendix 1 attached to this Circular.

2. Dissolution of the Task Force:

The Task Force shall dissolve itself upon expiration of its term of operation as decided. If the term has not yet expired but there are no longer any drug rehabilitants in the commune, the Head of the Task Force shall submit a request to the Chairman of the People's Committee at the commune level to dissolve the Task Force.

Article 4. Rules of Operation of the Working Group

The rules of operation of the Working Group shall be established by the Head of the Working Group and submitted to the Chairman of the People's Committee at the commune level for approval based on Article 5 of Decree No. 94/2010/NĐ-CP and the provisions of this Article, including the following main contents:

1. Principles of Operation of the Working Group

a) The Working Group operates on a part-time basis, subject to the assignment and division of responsibilities by the Head of the Working Group. All activities of members must comply with legal regulations on prevention and control of drug abuse;

b) Each member is assigned to directly monitor and manage a number of individuals undergoing rehabilitation and cooperate with other members to implement activities related to their professional expertise;

c) Ensure the rights and legitimate interests of individuals undergoing rehabilitation in accessing counseling services, medical care, psychological and social support.

2. Duties of the Head of the Working Group

a) Advise the People's Committee at the commune level to develop and approve plans for organizing detoxification treatment for individuals undergoing rehabilitation at home and in the community;

b) Advise the People's Committee at the commune level to direct political and social organizations, mass organizations in the locality to coordinate with the Working Group to implement plans for rehabilitation at home and in the community;

c) Assign responsibilities to each member of the Working Group in implementing the rehabilitation plan and the assistance plan for individuals undergoing rehabilitation from drug addiction;

d) Chair the review of voluntary registration files for rehabilitation at home, voluntary registration files for rehabilitation in the community, and review sessions for files requesting compulsory rehabilitation measures in the community;

đ) Urge and inspect the implementation of rehabilitation plans at home and in the community.

3. Duties of the Permanent Staff of the Working Group

a) Receive voluntary registration files for rehabilitation at home, voluntary registration files for rehabilitation in the community, and files requesting compulsory rehabilitation measures in the community;

b) Compile files to serve the review process of voluntary rehabilitation registrations at home, voluntary rehabilitation registrations in the community, and review meetings for files requesting compulsory rehabilitation measures in the community;

c) Prepare procedures for the Head of the Working Group to submit to the Chairman of the People's Committee at the commune level for decisions on managing voluntary rehabilitation at home, voluntary rehabilitation in the community, and decisions on applying compulsory rehabilitation measures in the community according to the model specified in Appendix 2 issued together with this Circular; issue Certificates of Completion of Rehabilitation Time at Home and in the Community according to the model specified in Appendix 3 issued together with this Circular;

d) Regularly or urgently compile reports on the results of rehabilitation at home and in the community;

đ) Manage rehabilitation files at home and in the community in accordance with regulations.

4. Duties of Members of the Working Group

a) Members who are police officers at the commune level are responsible for

- Preparing files to request the identification of drug users;

- Collecting evidence, preparing, and reviewing files to identify individuals eligible for voluntary rehabilitation at home, voluntary rehabilitation in the community, or compulsory rehabilitation measures in the community;

- Maintaining order and safety for rehabilitation work and coordinating with relevant agencies, organizations, and families of drug users to monitor, assist, and manage drug users during and after rehabilitation according to the assignment of the Head of the Working Group.

b) Members who are health workers at the commune level are responsible for

- Reviewing and determining the status of drug addiction of drug users and organizing tests to detect drugs when necessary;

- Guiding drug users and their families or guardians to establish and implement rehabilitation plans;

- Preparing medical records, organizing detoxification treatment and biological disorder treatment for individuals undergoing rehabilitation at home and in the community according to the model specified in Appendix 4 issued together with this Circular.

c) Other members are responsible for supervising, monitoring, managing, and assisting individuals undergoing rehabilitation according to the assignment of the Head of the Working Group.

5. Meeting and Reporting Procedures

a) Monthly, the Head of the Working Group is responsible for convening regular meetings, where each member reports on the results of their tasks for the month and proposes plans for the next month;

b) Monthly, quarterly, every six months, annually, or urgently, the Head of the Working Group is responsible for reporting the results of rehabilitation activities at home and in the community to the Chairman of the People's Committee at the commune level.

Chapter III

AUTHORITY AND PROCEDURES FOR IDENTIFYING

DRUG USERS

Article 5. Authority to Determine Drug Addicts

The authority to determine drug addicts shall be vested in individuals meeting the following conditions:

1. They are doctors or medical practitioners holding a practice certificate for diagnosis and treatment in accordance with the Law on Diagnosis and Treatment and possessing a training certificate for drug addiction detoxification issued by the Health Departments of provinces and centrally-administered cities.

2. They belong to one of the following categories:

a) Head of the Commune Health Station;

b) Military Hospital Outpatient Department Director;

c) Directors or Heads of Outpatient Departments at district-level hospitals and above, and Heads of Diagnosis Departments at regional outpatient clinics;

d) Directors or Heads of Health Departments of Drug Rehabilitation Centers.

Article 6. Procedures for Determining Drug Addicts

1. The dossier for requesting determination of drug addicts includes:

a) A request for determining drug addicts from the commune police;

b) A brief curriculum vitae of the person proposed to be determined as a drug addict, in accordance with the model prescribed in Appendix 5 attached hereto;

c) A copy of documentation proving illegal drug use.

2. Procedures for determining drug addicts:

a) Within three working days from the date of receipt of the dossier for requesting determination of drug addicts from the commune police, the individual authorized to determine drug addicts under Clause 1 of this Article shall, based on the criteria for determining drug addiction as stipulated by the Minister of Health, determine the state of drug addiction;

b) Within two working days, the individual authorized to determine drug addicts must provide a written response regarding the result of the determination of drug addiction according to the model prescribed in Appendix 6 attached hereto.

Chapter IV

CONDITIONS AND ACTIVITIES OF TREATMENT FACILITIES FOR DRUG DEPENDENCY DETOXIFICATION IN THE COMMUNITY

WITHDRAWAL MANAGEMENT FROM DRUG DEPENDENCY IN THE COMMUNITY

Article 7. Conditions for Treatment Facilities for Drug Dependency Detoxification in the Community

1. In the case of establishing a separate detoxification treatment facility:

a) Regarding infrastructure and equipment: the detoxification treatment facility must be constructed as an integrated complex, isolated from the external environment to prevent drug smuggling, and must have a minimum of three functional rooms and accompanying equipment as follows:

- Examination and emergency room: Minimum area of 10 square meters, including a medicine cabinet with all required categories of drugs and first aid equipment as prescribed by the Ministry of Health;

- Patient accommodation room: Minimum area of 8 square meters, with a minimum of 4 square meters per patient; the room must be well-ventilated during summer and windproof during winter, and each patient must have a set of living equipment including a bed, mat, sheet, pillow, quilt, and mosquito net;

- Room for healthcare staff and security personnel.

b) Regarding personnel: there must be a minimum of four people including: the unit head responsible for detoxification treatment, who must be a specialist doctor in psychiatry or general medicine holding a practice certificate in accordance with the Law on Diagnosis and Treatment and possessing a training certificate for drug addiction detoxification; one treating doctor; one nursing assistant; one security guard.

2. In the case where a separate detoxification treatment facility is not established as prescribed in Clause 1 of Article 23 of Decree No. 94/2010/NĐ-CP but is combined with the Social Rehabilitation Center, other permitted detoxification treatment facilities in the region to organize detoxification treatment for drug addicts, then the detoxification treatment area must meet the following conditions:

a) Regarding infrastructure and equipment: the area for organizing detoxification treatment must be isolated from the external environment to prevent drug smuggling; it must have sufficient living equipment for drug addicts at a rate of one set per person, including: bed, mat, sheet, pillow, quilt, mosquito net; a medicine cabinet with all required categories of drugs and first aid equipment as prescribed by the Ministry of Health;

b) Regarding personnel: detoxification treatment and detoxification staff for drug addicts must have undergone training and received a certificate from the Health Department for supportive detoxification treatment for drug addiction.

Article 8. Activities of detoxification treatment facilities

1. Specialized activities on detoxification

a) Establish medical records according to prescribed models. The recording and preservation of medical records must be carried out in accordance with the regulations of the Minister of Health;

b) Implement detoxification treatment regimens according to protocols issued by the Minister of Health.

2. Prevention and control of HIV/AIDS and other dangerous infectious diseases at the facility.

a) Conduct propaganda and education for drug addicts to enhance their awareness and implement preventive behaviors against HIV transmission and other infectious diseases at the facility;

b) Implement infection control measures as stipulated by the Ministry of Health;

c) Ensure continuous antiretroviral therapy for cases of drug addicts undergoing antiretroviral therapy.

3. Ensuring order and safety for patients undergoing detoxification at the facility, implementing comprehensive measures to prevent drug smuggling and other unsafe behaviors of patients.

4. Guide families in managing, caring for, and supporting drug addicts during the detoxification process, providing counseling, encouragement, and motivation to ensure they are comfortable with the treatment.

Chapter V

EVALUATION OF DRUG ABSTINENCE RESULTS AND ISSUANCE OF CERTIFICATE

COMPLETION OF DRUG ABSTINENCE PERIOD

AT HOME AND IN THE COMMUNITY

Article 9. Content of management and supervision of drug abstinence at home and in the community.

1. Management and assistance to drug abusers in implementing individual drug abstinence plans, including:

a) Supervising daily schedules;

b) Guiding drug addicts to participate in vocational training, production labor, club activities, and cultural, artistic, and sports activities organized by localities;

c) Managing compliance with residence, travel, information reporting, and other regulations;

2. Regularly organizing quarterly or sudden urine tests to determine drug usage behavior of drug abusers.

Article 10. Evaluation of drug abstinence results at home and in the community

1. Content of Assessment

a) Health status of drug abusers;

b) Mental and psychological state of drug abusers, relationships between drug abusers and family members, and relationships between drug abusers and community residents;

c) Drug usage status;

d) Results of vocational training, production labor, and participation in other activities in the locality.

2. Methods of evaluation

a) Staff assigned to monitor and assist drug abusers, Ward Chiefs where drug abusers reside, and families observe the attitudes and behaviors of drug abusers in implementing their individual drug abstinence plans and provide written comments;

b) Ward Chief organizes work team meetings, ward meetings, village meetings to evaluate drug abstinence results at home and in the community and record meeting minutes;

c) Urine testing for drug substances.

3. The evaluation of drug abstinence results must be conducted regularly monthly and evaluated upon completion of the drug abstinence period.

Article 11. Evaluation of drug abstinence results and issuance of Certificate of Completion of Drug Abstinence Period at Home and in the Community

1. Drug abusers are issued a Certificate of Completion of Drug Abstinence Period at Home and in the Community when they meet the following conditions:

a) Urine test results are not positive for drug substances;

b) They have fully implemented the contents of their individual drug abstinence plan for voluntary abstinence at home;

c) They have strictly followed the abstinence procedures for voluntary abstinence in the community and compulsory abstinence in the community.

2. Ward Chief organizes the evaluation of drug abstinence results for each drug abuser according to Article 10 of this Circular and prepares a written request to the Chairman of the People's Committee of the commune to issue a Certificate of Completion of Drug Abstinence Period at Home and in the Community.

Chapter VI

IMPLEMENTATION

Article 12. Responsibilities of the Department of Labor, Invalids and Social Affairs, and the Labor, Invalids and Social Affairs Office

1. Take the lead in coordinating with the Health Department, Provincial Police to advise the People's Committee at the provincial level on concretizing functions and tasks; developing work regulations, cooperation mechanisms, and relationships among departments, mass organizations; allocating personnel, material resources, and funding to ensure the operation of family-based and community-based drug rehabilitation programs, especially at the commune level.

2. Organize training sessions to enhance knowledge and skills in counseling and treating drug addiction and preventing relapse for staff involved in family-based and community-based drug rehabilitation programs.

3. Guide and inspect the organization of family-based and community-based drug rehabilitation programs.

4. The Labor, Invalids and Social Affairs Offices at districts, counties, towns within provinces shall be responsible for advising the People's Committees at the district, county, town levels within provinces:

- Directing communes to develop and implement plans for family-based and community-based drug rehabilitation programs and guiding and supervising their implementation;

- Establishing detoxification centers in clusters of communes, upgrading clinics for detoxification treatment, and arranging human and material resources for family-based and community-based drug rehabilitation programs in accordance with local conditions.

Article 13. Responsibilities of the Department of Health

1. Organize training and issue certificates for detoxification treatment of drug addiction for local health workers.

2. Guide and inspect the activities of detoxification centers; the identification of drug addicts and testing for drug substances.

Article 14. Responsibilities of the Provincial Police

1. Organize training for maintaining order and safety at detoxification centers.

2. Direct the Police at the commune level

- Prepare files to identify drug addicts;

- Prepare voluntary family-based and community-based drug rehabilitation files and apply compulsory community-based drug rehabilitation measures.

Article 15. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Repeal Circular Jointly Issued No. 01/2003/TTLT/BLDTBXH-BYT-BCA dated January 24, 2003, of the Ministry of Labor, Invalids and Social Affairs, Ministry of Health, and Ministry of Public Security guiding the implementation of certain provisions of Decree No. 56/2002/NĐ-CP dated February 15, 2002, of the Government on organizing family-based and community-based drug rehabilitation from the date this Circular takes effect.

Any difficulties encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs, Ministry of Health, and Ministry of Public Security for consideration and resolution./.