Circular No. 05/2018/TT-BCA on the collection of materials and the establishment of files for the proposal to apply administrative sanctions to compulsory drug rehabilitation facilities

CIRCULAR

Regulations on collecting materials and preparing files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities
administrative handling placing under compulsory drug rehabilitation

Pursuant to the Law on Handling Administrative Violations 2012;

Based on Decree No. 22/2013/NĐ-CP dated December 30, 2013, detailing the regime for applying administrative handling measures to be placed in compulsory drug rehabilitation facilities;1/2013/NĐ-CP dated December 30, 2013 stipulates the regime for applying administrative handling placing under compulsory drug rehabilitationintention administrative handling placing under compulsory drug rehabilitation;

Based on Decree No. 136/2016/NĐ-CP dated September 9, 2016, amending and supplementing certain provisions of Decree No. 221/2013/NĐ-CP dated December 30, 2013, detailing the regime for applying administrative handling measures to be placed in compulsory drug rehabilitation facilities; đArticle of Decree No. 221/2013/NĐ-CP dated December 30, 2013 stipulates the regime for applying administrative handling placing under compulsory drug rehabilitation;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Police General Department,

The Minister of Public Security promulgates this Circular regulating the collection of materials and preparation of files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities.

PART I
GENERAL PROVISIONS

This Circular stipulates detailed regulations on pharmaceutical business, including: đAdjustment

This Circular stipulates principles, methods of collecting materials, preparing files, managing, using, storing files, and forms used in the preparation of files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities.

Article 2. Principles for collecting materials and preparing files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities

1. Compliance with the Law on Administrative Violations Handling, this Circular, and other relevant laws.

2. Ensuring the rights and legitimate interests of individuals proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities.

3. Ensuring objectivity, comprehensiveness, and accuracy.

4. Strictly prohibiting the abuse of material collection and file preparation for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities to infringe upon the rights and legitimate interests of citizens.

Chapter II
SPECIFIC PROVISIONS

Article 3. Determination of Age of Individuals Proposed to be Subject to Administrative Handling Measures to be Placed in Compulsory Drug Rehabilitation Facilities

The determination of age of individuals proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities shall be carried out in accordance with Article 13 of Decree No. 81/2013/NĐ-CP dated July 19, 2013, detailing certain provisions and implementation measures of the Law on Administrative Violations Handling.

Article 4. Determination of Place of Residence and Verification of Place of Residence of Individuals Proposed to be Subject to Administrative Handling Measures to be Placed in Compulsory Drug Rehabilitation Facilities

1. The determination of place of residence of individuals proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities shall be carried out in accordance with Clause 5, Article 1 of Decree No. 56/2016/NĐ-CP dated June 29, 2016, amending and supplementing certain provisions of Decree No. 111/2013/NĐ-CP dated September 30, 2013, detailing the regime for applying administrative handling measures for education at commune, ward, town level (hereinafter referred to as Decree No. 56/2016/NĐ-CP).

2. Verification of place of residence of individuals proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities:

The competent police agency responsible for preparing files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities shall conduct verification of place of residence of violators. Verification shall be conducted through direct verification or sending Request for Verification Forms, specifically as follows:

a) Direct Verification:

In cases where staff are dispatched to directly verify at the police station of the commune where the violator resides, the assigned verifiers must present the Request for Verification Form (according to Model No. 02 issued together with this Circular) along with an introduction letter, Identity Card, or Citizen Identification Card.

Based on the request for verification, the Chief of the police station of the commune where the violator resides will provide the results of verification (according to Model No. 03 issued together with this Circular).

b) Sending Request for Verification Form:

- In cases where the competent police agency responsible for preparing files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities sends the Request for Verification Form to the police station of the commune where the violator resides, upon receipt of the Request for Verification Form, the receiving police station shall promptly organize verification and send the Verification Response Form to the requesting police agency within no more than five days from the date of receipt of the Request for Verification Form. Documentation proving the mailing of the Request for Verification Form and the Verification Response Form via postal service must be kept in the file.

- The competent police agency responsible for preparing files for the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities may contact the police station of the commune where the violator resides in advance by telephone to verify information about the violator. The Chief of the police station of the commune where the violator resides has the responsibility to check the information about the violator and report the results to the requesting unit through telephone within twenty-four hours from the time of receipt of the request. Staff assigned to verify information must submit a written report of the results to their immediate superior (indicating the date, time, phone number dialed, name, position of the person responding, and the content of the response). After verifying information by telephone, the requesting police agency must send the Request for Verification Form to the police station of the commune where the violator resides for verification. Upon receipt of the Request for Verification Form, the receiving police station shall promptly organize verification and send the Verification Response Form to the requesting police agency within no more than five days from the date of receipt of the Request for Verification Form. In this case, verification is based on the results in the Verification Response Form.

Article 5. Documents for requesting the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities

1. The documents for requesting the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities for individuals with stable residence who are drug addicts include:

a) A summary of the personal history of the individual proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities (in accordance with Model No. 01 issued together with this Circular), confirmed by the head of the police agency where the file is established. In cases where there is evidence that the violator intentionally conceals their personal history, the agency establishing the file shall prepare a list and original copy of the violator along with the Summary of Personal History;

b) A statement from the individual proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities or from their legally authorized representative (in accordance with Model No. 04 issued together with this Circular);

c) An administrative violation record regarding the illegal use of drugs according to Model Record No. 01 issued together with Decree No. 97/2017/NĐ-CP dated August 18, 2017 amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and enforcement measures of the Law on Handling Administrative Violations, or a test result sheet showing positive for drugs at the time of file establishment;

d) A copy of the Certificate confirming completion of the Decision on education at commune, ward, town level (in accordance with Model No. MGCN01 issued together with Decree No. 56/2016/NĐ-CP) for cases where the decision on applying educational measures at commune, ward, town level due to drug addiction as stipulated in Clause 1, Article 1 of Decree No. 136/2016/NĐ-CP dated September 9, 2016 amending and supplementing certain articles of Decree No. 221/2013/NĐ-CP dated December 30, 2013 on the system of applying administrative handling measures to be placed in compulsory drug rehabilitation facilities (hereinafter referred to as Decree No. 136/2016/NĐ-CP) has been completed, or a copy of the Decision terminating the execution of the Decision on education at commune, ward, town level for cases as stipulated in Clause 2, Article 3 of Decree No. 221/2013/NĐ-CP.

2. The documents for requesting the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities for individuals with drug addiction but without stable residence include:

a) The documents and papers specified in points a, b, and c of Clause 1 of this Article;

b) A response form from the authority specified in Clause 1, Article 10 of Decree No. 221/2013/NĐ-CP regarding the current status of drug addiction of the individual proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation facilities;

c) Documentation identifying the individual with drug addiction without stable residence.

Article 6. Collection of documents and establishment of files for cases of drug addicts discovered directly by the Police of Districts or Provinces

In cases where drug addicts are discovered, investigated, and handled by the Police of Districts, counties, towns, cities under provinces (collectively referred to as Police of Districts) or the Police of Provinces, centrally governed cities (collectively referred to as Police of Provinces) directly in cases of violations of laws that fall within the scope of being placed in compulsory drug rehabilitation facilities, the police agency handling the case shall conduct verification, collect documents, establish a file for requesting the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities for such individuals, and coordinate with the Police of Communes where the violator resides or the Police of Communes where the violation occurred or social organizations (if any) to manage the violators during the period of collecting documents and establishing a file for requesting the application of administrative handling measures to be placed in compulsory drug rehabilitation facilities.

Article 7. Reading the file

1. After completing the file establishment, the police agency responsible for establishing the file must directly deliver or send via postal service a notification regarding the file establishment to the person proposed to apply administrative measures for compulsory drug rehabilitation or their legitimate representative (in accordance with Form No. 05 issued together with this Circular).

2. The act of allowing the person proposed to apply administrative measures for compulsory drug rehabilitation or their legitimate representative to read the file must be recorded in a record (in accordance with Form No. 06 issued together with this Circular).

3. The reading of the file shall be conducted during working hours at the office of the agency responsible for establishing the file or at a convenient location chosen by the agency. The deadline for reading the file is five days from the date of receiving the notification.

4. The police agency responsible for establishing the file has the responsibility to arrange staff to supervise the reading of the file, prepare one copy of the file for the reading process (only presenting the original when required for comparison by the reader).

5. After the five-day period from the date of receipt of the notification, if the notified person does not carry out the reading of the file according to the notification, the procedures for establishing the file will still be carried out as prescribed.

Article 8. Sending the file for legal review of the file proposing the application of administrative measures for compulsory drug rehabilitation

Upon expiration of the deadline for reading the file as stipulated in Clause 3 of Article 7 of this Circular, the police agency responsible for establishing the file transfers the file along with a request for legal review of the file proposing the application of administrative measures for compulsory drug rehabilitation to the Head of the Department of Justice at the district level (in accordance with Form No. 07 issued together with this Circular), specifically as follows:

1. In cases where the agency responsible for establishing the file delivers the file directly to the Department of Justice at the district level, a record of handover of the file must be established.

2. In cases where the agency responsible for establishing the file sends the file through official correspondence to the Department of Justice at the district level, it must be recorded in the logbook of correspondence handover.

Article 9. Management and storage of files proposing the application of administrative measures for compulsory drug rehabilitation

The police agency responsible for establishing the file bears the responsibility for managing and storing copies of the files of persons proposed to apply administrative measures for compulsory drug rehabilitation according to the file management system for administrative work on public order and social safety of the Ministry of Public Security.

Article 10. Forms used in the establishment of files proposing the application of administrative measures for compulsory drug rehabilitation

1. The following forms are issued together with this Circular for use in collecting information and establishing files proposing the application of administrative measures for compulsory drug rehabilitation:

a) Summary of the personal history of the person proposed to apply administrative measures for compulsory drug rehabilitation (Form No. 01);

b) Request for verification form (Form No. 02);

c) Verification result response form (Form No. 03);

d) Statement form (Form No. 04);

đ) Notification regarding the establishment of the file proposing the application of administrative measures for compulsory drug rehabilitation (Form No. 05);

e) Record of file reading (Form No. 06);

g) Request for legal review of the file proposing the application of administrative measures for compulsory drug rehabilitation (Form No. 07).

2. Printing and managing forms

a) Local police agencies organize the printing of the forms specified in Clause 1 of this Article;

b) The management of forms is carried out according to the business file system;

c) The printing costs of the forms specified in Clause 1 of this Article are allocated from the regular budget of the Ministry of Public Security provided to local police agencies. Each year, provincial and centrally-administered city police agencies prepare estimates of the number of forms needed to be printed and the printing cost budget, which are submitted to the Financial Bureau for consolidation and reported to the leadership of the Ministry for consideration and decision.

Chapter III
IMPLEMENTATION

Article 11. Allocation of responsibilities for monitoring, guiding, and directing the collection of materials and the preparation of files to propose administrative measures for compulsory drug rehabilitation centers

1. The Drug-related Crime Investigation Police Corps shall monitor, guide, urge, and compile data to report on the implementation of administrative measures for compulsory placement in drug rehabilitation centers nationwide.

2. Provincial Public Security Departments shall direct the Drug-related Crime Investigation Units to monitor, guide, urge, and compile data to report within their province.

3. County-level Public Security Departments shall direct the units responsible for investigating drug-related crimes to monitor, guide, urge, and compile data to report within their county.

Article 12. Effective Date

This Circular takes effect from March 26, 2018.

Article 13. Responsibility for Implementation

1. The Drug-related Crime Investigation Police Corps shall be responsible for guiding, urging, and inspecting the implementation of this Circular.

2. Heads of public security units and localities within the scope of their functions and duties, and related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, public security units and localities, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Drug-related Crime Investigation Police Corps) for timely guidance./.