This Circular guides the establishment of files and the admission of drug addicts and prostitutes to medical facilities as stipulated in Decree No. 20/CP of 1996 and the Law on Administrative Violations. It provides detailed procedures and responsibilities of relevant agencies such as Labor, Invalids and Social Affairs, Police, Health, and measures for protection and treatment at the facility.
Đối tượng áp dụng
The Labor, Invalids and Social Affairs agency, the Police agency, medical facilities, People's Committees at all levels, drug addicts, and prostitutes.
Các điểm cốt lõi
- To establish files: Drug addicts who relapse or lack the ability to quit in the community; Prostitutes who reoffend or frequently engage in prostitution. The Police agency informs the People's Committee of the commune where the individual resides.
- Establishing files and conducting medical examinations: The Labor, Invalids and Social Affairs agency collaborates with healthcare facilities to establish files, conduct examinations, perform tests, and confirm the health status of drug addicts and prostitutes.
- Admitting individuals to medical facilities: The Chairman of the Provincial People's Committee signs the decision to admit to the medical facility and assigns the Police to organize its execution. In cases of escape from the facility, reports must be made and coordinated with the Police to track down the individual.
- Cooperation in protection and treatment at the facility: Medical staff of the facility are responsible for protection, and when necessary, they receive support from the Police force. Local health authorities guide the facility's medical staff in their duties.
- Responsibility for implementation: Directors of provincial Labor, Invalids and Social Affairs departments, provincial Police departments, and provincial Health departments coordinate with related sectors to implement this Circular.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Helps drug addicts and prostitutes access medical treatment and rehabilitation. Enhances strict management of these individuals to reduce the risk of recidivism.
- Negative impact: May impose a burden on human resources and finances of medical facilities. Requires time and resources to implement the regulations.
❓ Câu hỏi thường gặp
Who are the subjects eligible for file establishment and admission to the medical facility?
Subjects include drug addicts who relapse or lack the ability to quit in the community, and prostitutes who reoffend or frequently engage in prostitution.
What is the process for establishing files?
The Police agency informs the People's Committee of the commune where the individual resides. The Labor, Invalids and Social Affairs agency collaborates with healthcare facilities to establish files, conduct examinations, perform tests, and confirm the health status.
Who is responsible in case of escape from the medical facility?
The Facility Director records the incident and notifies the family, the People's Committee of the commune where the individual resides, and the Police agency. They also cooperate with the Police, local authorities, and the family to locate and return the individual to the facility.
What are the responsibilities of medical facilities if the number of patients exceeds capacity?
If medical staff cannot handle the situation, the Facility Director reports to the Director of the Labor, Invalids and Social Affairs Department. Upon the Director's recommendation, the Director of the Health Department dispatches specialized personnel to assist with treatment at the facility.
Are there any regulations concerning security and order maintenance at the medical facility?
Security is handled by the facility's staff. When necessary, the Facility Director reports to the Director of the Labor, Invalids and Social Affairs Department to seek support from the Police force.
Toàn văn
CIRCULAR
JOINT MINISTRY OF LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS - INTERIOR - HEALTH
GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 20/CP DATED APRIL 13, 1996 OF THE GOVERNMENT ON REGULATIONS FOR TREATMENT FACILITIES IN ACCORDANCE WITH THE ORDINANCE ON ADMINISTRATIVE VIOLATION HANDLING DATED JULY 6, 1995 REGARDING THE ESTABLISHMENT OF RECORDS, TRANSFERRING PERSONS TO TREATMENT FACILITIES AND COOPERATING IN SECURITY AND TREATMENT AT TREATMENT FACILITIES
PURSUANT TO DECREE NO. 20/CP DATED APRIL 13, 1996 OF THE GOVERNMENT ON REGULATIONS FOR TREATMENT FACILITIES IN ACCORDANCE WITH THE ORDINANCE ON ADMINISTRATIVE VIOLATION HANDLING DATED JULY 7, 1995, THE JOINT MINISTRIES OF LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS - INTERIOR - HEALTH ISSUE GUIDELINES FOR THE ESTABLISHMENT OF RECORDS, TRANSFERRING PERSONS TO TREATMENT FACILITIES AND COOPERATING IN SECURITY AND TREATMENT AT TREATMENT FACILITIES AS FOLLOWS:
I. GENERAL PROVISIONS:
THE ESTABLISHMENT OF RECORDS, REVIEW, AND TRANSFER OF DRUG ADDICTS AND PROSTITUTES TO TREATMENT FACILITIES MUST BE ENSURED TO BE QUICK, IN ACCORDANCE WITH THE PROCEDURES, STANDARDS, AUTHORITY, AND PROCEDURES AS PROVIDED BY LAW. THE RECORDS OF PERSONS WHO HAVE COMMITTED VIOLATIONS ARE DEFINED IN ARTICLE 3 OF THE REGULATIONS FOR TREATMENT FACILITIES ACCORDING TO THE ORDINANCE ON ADMINISTRATIVE VIOLATION HANDLING MUST BE ESTABLISHED FROM THE COMMUNE WHERE THE PERSON RESIDES OR WHERE THE VIOLATION OCCURRED FOR PERSONS WITHOUT A FIXED PLACE OF RESIDENCE.
THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS DEPARTMENT SHALL TAKE THE LEAD IN COORDINATING WITH THE POLICE, HEALTH DEPARTMENTS AT ALL LEVELS, AND OTHER RELEVANT AUTHORITIES TO ASSIST THE PEOPLE'S COMMITTEE AT THE SAME LEVEL IN ESTABLISHING RECORDS AND TRANSFERRING PERSONS TO TREATMENT FACILITIES TO AVOID OVERLAPPING ACTIVITIES OR SHIRK RESPONSIBILITY.
II. SPECIFIC PROVISIONS:
1. File preparation:
1.1. THE OBJECTS FOR RECORD ESTABLISHMENT UNDER ARTICLE 3 OF THE REGULATIONS FOR TREATMENT FACILITIES ARE UNDERSTOOD AS FOLLOWS:
1.1.1. DRUG ADDICTS:
- HAVE BEEN EDUCATED AT THE COMMUNE BUT STILL HAVE NOT SUCCESSFULLY QUIT DRUG USE;
- HAVE BEEN TRANSFERRED TO A TREATMENT FACILITY FOR DRUG DEPENDENCY TREATMENT BUT STILL RELAPSED INTO DRUG USE;
- SEVERELY ADDICTED INDIVIDUALS WHO DO NOT HAVE THE ABILITY TO QUIT DRUG USE AT HOME OR IN THE COMMUNITY, INCLUDING THOSE WHO FREQUENTLY USE DRUGS, ARE DEPENDENT ON DRUGS WHEN EXPERIENCING WITHDRAWAL SYMPTOMS, USUALLY AGGRESSIVE, AGITATED, AND DESTRUCTIVE, AND WHOSE FAMILIES AND COMMUNITIES DO NOT HAVE THE NECESSARY CONDITIONS AND MEANS TO SUPPORT DRUG DEPENDENCY TREATMENT.
1.1.2. PROSTITUTES:
- HAVE BEEN EDUCATED AT THE COMMUNE BUT STILL REFUSE TO CHANGE THEIR BEHAVIOUR;
- HAVE BEEN TRANSFERRED TO A TREATMENT FACILITY BUT STILL REPEAT THE VIOLATION;
- PROSTITUTES WHO ENGAGE IN THIS ACTIVITY ON A REGULAR BASIS, INCLUDING THOSE CAUGHT IN THE ACT OF PROSTITUTION AND TESTED POSITIVE FOR SEXUALLY TRANSMITTED DISEASES; THOSE DISCOVERED THROUGH INVESTIGATION OR OTHER DOCUMENTS (INCLUDING SELF-REPORTS) THAT THEY HAVE SOLD SEX MULTIPLE TIMES.
1.2. POLICE AUTHORITIES AT ALL LEVELS MUST NOTIFY THE PEOPLE'S COMMITTEE OF THE COMMUNE WHERE THE PERSON RESIDES OR WHERE THE VIOLATION OCCURRED (FOR PERSONS WITHOUT A FIXED PLACE OF RESIDENCE) TO MANAGE THE PERSON AND ESTABLISH RECORDS WHEN DISCOVERING DRUG ADDICTS OR PROSTITUTES. LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS AUTHORITIES AT ALL LEVELS MUST INITIATE COORDINATION WITH THE POLICE AT THE SAME LEVEL TO CREATE A LIST AND ESTABLISH RECORDS FOR THE PERSONS.
FOR PERSONS WITHOUT A FIXED PLACE OF RESIDENCE, THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS AUTHORITIES AND THE POLICE MUST CREATE A REPORT, REPORT TO THE PEOPLE'S COMMITTEE OF THE COMMUNE WHERE THE VIOLATION OCCURRED TO PROVIDE ACCOMMODATION FOR THE MANAGEMENT OF THE PERSON DURING THE RECORD ESTABLISHMENT PERIOD AND WAIT FOR THE DECISION OF THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE TO TRANSFER THE PERSON TO A TREATMENT FACILITY.
1.3. THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS AUTHORITIES MUST INITIATE COORDINATION WITH THE HEALTH CARE FACILITIES (MANAGED BY THE HEALTH DEPARTMENT) AT THE SAME LEVEL TO CONDUCT MEDICAL EXAMINATIONS AND ESTABLISH MEDICAL RECORDS FOR DRUG ADDICTS AND PROSTITUTES TO BE TRANSFERRED TO TREATMENT FACILITIES.
HEALTH CARE FACILITIES HAVE THE RESPONSIBILITY TO CONDUCT MEDICAL EXAMINATIONS, DIAGNOSES, CONFIRM HEALTH STATUS, AND ESTABLISH MEDICAL RECORDS FOR DRUG ADDICTS AND PROSTITUTES UPON REQUEST FROM THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS AUTHORITIES AND THE POLICE.
2. TRANSFERRING PERSONS TO TREATMENT FACILITIES:
2.1. THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE AFTER SIGNING THE DECISION TO TRANSFER TO A TREATMENT FACILITY IS RESPONSIBLE FOR IMMEDIATELY SENDING THE DECISION TO THE PERSON REQUIRED TO COMPLY WITH THE DECISION, THE PROVINCE POLICE DEPARTMENT, THE COUNTY PEOPLE'S COMMITTEE, AND THE COMMUNE PEOPLE'S COMMITTEE WHERE THE PERSON RESIDES. WITHIN FIVE DAYS FROM THE DATE OF ISSUANCE OF THE DECISION, THE PROVINCE POLICE CHIEF SHALL ASSIGN THE CRIMINAL INVESTIGATION BRANCH TO ORGANIZE THE TRANSFER OF THE PERSON REQUIRED TO COMPLY WITH THE DECISION TO THE TREATMENT FACILITY.
IF THE PERSON REQUIRED TO COMPLY WITH THE DECISION ESCAPES AFTER THE DECISION TO TRANSFER TO A TREATMENT FACILITY IS ISSUED BY THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE, THE POLICE DEPARTMENT AT THE PROVINCE LEVEL SHALL ORGANIZE THE SEARCH AND TRANSFER OF THE PERSON TO THE TREATMENT FACILITY.
2.2. IN CASE THE PERSON TRANSFERRED TO A TREATMENT FACILITY ESCAPES FROM THE TREATMENT FACILITY AS PROVIDED IN ARTICLE 13 OF THE REGULATIONS, THE TREATMENT FACILITY MANAGEMENT BOARD SHALL CREATE A REPORT, INFORM THE FAMILY, THE COMMUNE PEOPLE'S COMMITTEE WHERE THE PERSON RESIDES, AND THE PROVINCE POLICE DEPARTMENT (CRIMINAL INVESTIGATION BRANCH), AND SIMULTANEOUSLY COORDINATE WITH THE POLICE, LOCAL AUTHORITIES, AND THE FAMILY TO ORGANIZE THE SEARCH AND RETURN THE PERSON TO THE TREATMENT FACILITY.
EVERY CITIZEN WHO DISCOVERS A PERSON ESCAPING FROM A TREATMENT FACILITY MUST REPORT TO THE LOCAL AUTHORITIES AND THE POLICE FOR THE RETURN OF THE PERSON TO THE TREATMENT FACILITY.
3. COOPERATION IN SECURITY AND TREATMENT AT TREATMENT FACILITIES: (AS PROVIDED IN ARTICLE 18 OF THE REGULATIONS)
3.1. THE SECURITY OF TREATMENT FACILITIES IS HANDLED BY THE STAFF OF THE TREATMENT FACILITY. WHEN THE TREATMENT FACILITY HAS COMPLEX SITUATIONS RELATED TO SECURITY AND ORDER SUCH AS: PERSONS FIGHTING, RESISTING PUBLIC SERVANTS, OR ENGAGING IN ILLEGAL ACTS AND DISRUPTING ORDER INSIDE THE TREATMENT FACILITY... AND THE STAFF OF THE TREATMENT FACILITY CANNOT HANDLE IT, POLICE SUPPORT IS REQUIRED, THEN THE DIRECTOR OF THE TREATMENT FACILITY SHALL REPORT TO THE DIRECTOR OF THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS DEPARTMENT. BASED ON THE PROPOSAL OF THE DIRECTOR OF THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS DEPARTMENT, THE DIRECTOR OF THE PROVINCE POLICE DEPARTMENT SHALL ASSIGN POLICE OFFICERS TO ENFORCEMENT TO SUPPORT AND COOPERATE IN SECURING THE TREATMENT FACILITIES.
IN CASE OF EMERGENCY, THE DIRECTOR OF THE TREATMENT FACILITY SHALL REPORT TO THE LOCAL POLICE DEPARTMENT NEAREST TO SOLVE THE PROBLEM ACCORDING TO THE POLICE REGULATIONS.
THE PROVINCE POLICE DEPARTMENT SHALL BE RESPONSIBLE FOR ORGANIZING, TRAINING, AND GUIDING THE SECURITY STAFF OF THE TREATMENT FACILITIES ACCORDING TO THE PROPOSAL OF THE LABOUR - SOCIAL AFFAIRS AND WAR INVALIDS DEPARTMENT.
3.2. When the number of persons admitted to the Treatment Facility exceeds its bed capacity and the medical staff of the Facility cannot meet this demand, specialized personnel from the Health sector must be requested for support. The Director of the Facility shall report this situation to the Director of the Department of Labor, Invalids, and Social Affairs. Upon the request of the Director of the Department of Labor, Invalids, and Social Affairs, the Director of the Department of Health shall dispatch specialized personnel from the Health sector to reinforce and provide support for treatment at the Treatment Facility.
In case of an epidemic at the Treatment Facility, the Director of the Facility shall immediately inform the nearest health authority to coordinate in preventing and controlling the epidemic in accordance with the regulations of the Health sector.
The local Health sector is responsible for providing professional guidance, operational procedures, and regulations as stipulated by the Health sector to the health services of the Treatment Facility; directing the health services of the Treatment Facility and related hospitals and healthcare facilities to organize treatment for individuals admitted to the Treatment Facility in accordance with Article 21 of the Regulation on Treatment Facilities.
III. IMPLEMENTATION:
This Circular takes effect from the date of signature.
The Directors of the Departments of Labor, Invalids, and Social Affairs, Public Security, and Health at the provincial level shall cooperate with relevant sectors to implement this Circular.
The National Anti-Social Evils Prevention Bureau under the Ministry of Labor, Invalids, and Social Affairs, the People's Police General Administration under the Ministry of Public Security, and the Treatment Management Department under the Ministry of Health, within their respective functions and duties, are responsible for guiding, monitoring, and inspecting the implementation of this Circular.
Any difficulties or obstacles encountered during the implementation should be reported to the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Public Security, and the Ministry of Health for consideration and resolution.
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