Joint Circular No. 117/2007/TTLT/BTC-BLDTBXH guiding responsibilities for contributions and assistance benefits for drug addicts and prostitutes

 

JOINT CIRCULAR

Guidelines on the responsibility for contributions and allowance regimes for drug addicts and prostitutes

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Pursuant to Decree No. 56/2002/NĐ-CP dated May 15, 2002 of the Government on organizing detoxification at home and in the community;

Pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government stipulating the regime for applying measures to admit individuals to medical facilities, the operation of such facilities under the Administrative Violation Handling Ordinance, and the regime for application to minors and voluntary admissions;

Pursuant to Decree No. 43/2005/NĐ-CP dated April 5, 2005 of the Government stipulating the placement of drug addicts and prostitutes without fixed residence in temporary accommodation at medical facilities;

The Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs provide guidelines on the responsibility for contributions and allowance regimes for drug addicts and prostitutes undergoing treatment and detoxification at the Medical-Correctional-Labor Social Center (hereinafter referred to as the Center), at home, and in the community as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Object and scope of application:

a) Drug addicts and prostitutes undergoing compulsory treatment and detoxification at the Center.

b) Minors who are drug addicts or prostitutes admitted to the Center for compulsory treatment and detoxification.

c) Drug addicts and prostitutes undergoing voluntary treatment and detoxification at the Center.

d) Drug addicts undergoing treatment and detoxification at home and in the community.

đ) Drug addicts aged 12 years or older caught using drugs illegally without a fixed residence.

e) Prostitutes aged 16 to 55 years old caught engaging in prostitution or those with a regular pattern of prostitution without a fixed residence.

2. Drug addicts and prostitutes undergoing compulsory and voluntary treatment and detoxification at the Center and at home and in the community shall be responsible for contributing certain expenses and shall receive state allowances according to the provisions of this Circular. In cases where drug addicts and prostitutes are unable to contribute, their relatives shall be responsible for contributing (except in cases exempted or reduced according to the provisions of this Circular).

II. RESPONSIBILITY FOR CONTRIBUTIONS

1. For drug addicts and prostitutes compulsorily admitted to the Center, they must contribute towards food costs as prescribed by the People's Committee of the province (hereinafter referred to as the provincial level) during the period when they are not entitled to food allowances.

2. For drug addicts voluntarily undergoing treatment and detoxification at the Center, they must contribute towards the following expenses:

a) Food expenses;

b) Drug support for withdrawal symptoms and other common medications;

c) Costs for testing for drugs and other tests;

d) Cultural and sports living expenses;

đ) Educational and vocational training fees (if the individual requests);

e) Electricity, water, and sanitation costs;

g) Contributions for building infrastructure;

h) Service and management costs;

The Department of Labour, Invalids and Social Affairs shall coordinate with the Department of Finance to report to the People's Committee of the province for submission to the People's Council at the same level for consideration and decision on contribution levels based on ensuring sufficient costs.

3. For drug addicts undergoing detoxification at home and in the community, the drug addict, spouse of the drug addict, parents or guardians of minor drug addicts, and the family of the drug addict shall be responsible for contributing towards the following expenses during the detoxification period:

- Medications to support withdrawal symptoms;

- Detoxification organization costs:

+ Withdrawal and detoxification treatment for the addict (per person/period);

+ Monitoring, management, and assistance for post-detoxification addicts (per person/month);

+ Testing for drugs before and after detoxification;

+ Educational activities, behavioral rehabilitation, vocational training, and job creation for post-detoxification addicts (per person/detoxification period).

Specific contribution levels shall be determined by the People's Committee of the province, ensuring sufficient costs and being appropriate to the actual conditions of each locality.

III. ALLOWANCE REGIMES AND EXEMPTIONS FROM, OR REDUCTIONS IN, TREATMENT AND DETOXIFICATION COSTS AND EXEMPTIONS, REDUCTION IN MEDICAL TREATMENT AND REHABILITATION COSTS

1. Allowance items:

Drug addicts and prostitutes (including minor drug addicts and prostitutes) who are compulsorily admitted to the Center and drug addicts and prostitutes without a fixed residence temporarily accommodated at the Center shall be provided with the following allowances:

a) Food allowance: a minimum of 240,000 VND/person/month; specific duration as follows:

- For drug addicts, 12 months; for prostitutes, 9 months. Any remaining time of the decision execution, drug addicts and prostitutes must pay for food according to regulations;

- For drug addicts and prostitutes infected with HIV/AIDS who are no longer capable of working, and minor drug addicts and prostitutes shall receive food allowances throughout the execution of the decision.

Specifically, for drug addicts and prostitutes without a fixed residence temporarily accommodated at the Center (hereinafter referred to as temporary residents), a minimum food allowance of 8,000 VND/person/day, with a maximum duration not exceeding 15 days.

b) Treatment allowance:

- For drug addicts, a maximum allowance of 400,000 VND/person/execution of the decision for supportive withdrawal medications, emergency care, testing costs, and treatment for opportunistic diseases.

- For prostitutes, a maximum allowance of 200,000 VND/person/execution of the decision for treatment of sexually transmitted diseases, general medication, testing, and other medical costs.

- For prostitutes who are also drug addicts, a maximum allowance of 550,000 VND/person/execution of the decision for treatment and withdrawal support medications.

- During the period of execution of the decision or temporary residence at the Center, if drug addicts or prostitutes suffer injuries due to work accidents, they shall be provided with first aid and emergency care until their condition stabilizes. In cases where they fall seriously ill or suffer from incurable diseases beyond the treatment capacity of the Center and must be transferred to state hospitals for treatment, the hospitalization costs shall be borne by themselves or their families. However, those who are eligible for policy benefits or whose family circumstances are extremely difficult, confirmed by the People's Committee of the commune, may be considered for assistance covering 50% or the full cost of treatment, but not exceeding 1,000,000 VND per person per treatment session. For underage drug addicts or prostitutes, the full cost of treatment shall be covered.

c) Personal living necessities purchase expenses: a minimum of 100,000 VND per person per year or per execution of the decision for subjects whose decision execution period is less than one year.

Specifically for temporary residents, during the period of temporary residence, they may use their own clothing, quilts, and mosquito nets. If individuals brought in for temporary residence lack clothing, quilts, and mosquito nets, the Center will purchase these items based on the number of temporary residents to lend them.

Specifically for underage drug addicts and prostitutes, personal items shall be provided in kind according to the following regulations: They shall be assigned individual beds or wooden floors with mats and mosquito nets. Southern facilities shall provide each person with one blanket. Northern facilities shall provide each person with a two-kilogram cotton quilt and a warm jacket. Annually, each person shall be provided with two mats, two sets of long-sleeved clothes, one set of uniform, two sets of underclothes, two face towels, two pairs of plastic sandals, two toothbrushes, one nylon raincoat, and one hard hat. Quarterly, each person shall be provided with a 90-gram tube of toothpaste and one kilogram of soap.

d) Cultural and sports activity expenses: a minimum of 30,000 VND per person per year or per execution of the decision for subjects whose decision execution period is less than one year.

đ) Education and behavior rehabilitation expenses: as stipulated in Circular Joint No. 01/2006/TTLT-BLDTBXH-BGD&ĐT-BYT dated January 18, 2006, issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, and the Ministry of Health, guiding cultural education and behavior rehabilitation for drug addicts and prostitutes.

e) Vocational training expenses: Drug addicts and prostitutes who have not undergone vocational training and wish to participate in short-term vocational training shall be supported financially by the Center Director, with a minimum of 500,000 VND per person. This support is only provided for the first time and not for subsequent entries into the Center. Based on the level, needs, budget, and specific conditions, the Center Director shall decide on the appropriate form of vocational training.

g) Women's hygiene expenses: 10,000 VND per person per month.

h) Travel allowance and transportation expenses: After completing the administrative violation handling decision or the end of temporary residence at the Center, drug addicts and prostitutes returning to the community, if they are in difficult circumstances or have no income from labor results at the Center and their residential address is clearly defined, upon returning to their place of residence, they shall be granted a travel allowance of 20,000 VND per person per day, up to a maximum of five days; transportation expenses shall be subsidized according to public transport rates. If the Center has the means to purchase tickets, it shall issue tickets to the subjects.

i) Community reintegration allowance: After completing the administrative violation handling decision and returning to the locality with significant progress, a commitment not to reoffend, and without employment, and if the subject and their family are in difficult circumstances, the People's Committee of the district, town, city, or provincial city shall consider providing a community reintegration allowance of a minimum of 750,000 VND per person to help them create employment and stabilize their lives. The community reintegration allowance is only provided for the first time and not for subsequent times.

Drug addicts and prostitutes who complete the decision and are still minors shall not be entitled to this allowance.

k) Funeral expenses: If drug addicts or prostitutes die while undergoing treatment at the Center without relatives or if relatives cannot arrive in time, or if they die due to work accidents, the Center shall be responsible for funeral arrangements. The minimum funeral expense is 2,000,000 VND per person. In cases requiring forensic examination to confirm the cause of death, the Center shall pay the relevant costs according to current state regulations.

l) For voluntary or compulsory drug addicts and prostitutes at the Center infected with HIV/AIDS, additional allowances for medication, purchase of anti-infection items, and other support expenses (excluding food and detoxification medication) shall be provided according to Decision No. 96/2007/QĐ-TTg dated June 28, 2007, issued by the Prime Minister regarding management, care, counseling, and treatment for HIV-infected individuals and prevention of HIV transmission at educational institutions, correctional schools, medical facilities, social welfare centers, prisons, detention centers, and related guidance documents.

2. Exemption and reduction of food expenses and treatment costs:

a) Eligible for exemption and reduction: Drug addicts and prostitutes undergoing compulsory treatment and detoxification at the Center shall be considered for food expense support during the execution of the decision; drug addicts and prostitutes undergoing compulsory or voluntary treatment at the Center, whose families and communities are eligible for partial reduction or full exemption of treatment and detoxification costs in the following cases:

- Individuals eligible for social welfare benefits as stipulated in Decree No. 67/2007/NĐ-CP dated April 13, 2007, issued by the Government regarding policies for assisting social welfare beneficiaries.

- Individuals without a fixed residence, who personally cannot contribute or whose relatives (for minors) cannot be identified.

- Persons belonging to the policy family target group under the Ordinance on Preferential Treatment for Those Contributing to the Revolution.

b) The level of exemption and reduction and the procedures for considering such exemptions and reductions shall be stipulated by the People's Committee of the province.

The levels of food allowance, personal necessities purchase subsidy, cultural and sports activities, vocational training, and community reintegration stipulated in points a, c, d, e, and i, Clause 1, Section III of this Circular are the minimum levels; depending on specific conditions of each locality, the Department of Labor, Invalids and Social Affairs shall coordinate with the Department of Finance to report to the People's Committee of the province for consideration and decision on appropriate expenditure levels.

3. Funding Implementation:

The funding source for implementing allowances and exemptions/reductions in treatment and detoxification costs for the subjects specified in this section shall be allocated within the annual social security budget of the local government according to the provisions of the State Budget Law and guiding documents of the State Budget Law. This Circular supplements certain specific points as follows:

a) For treatment and detoxification funding at Centers: Annually, during the time prescribed for preparing the state budget estimate, the Centers shall base their estimates (Type 15, Item 09) on the allowances provided to the subjects and the exemptions/reductions required to be implemented for the subjects as stipulated in Clause 2 of this Section, along with the number of sex workers and drug addicts undergoing treatment and detoxification at the Centers, and submit these estimates together with the Center's regular expenses to the competent authority for consolidation and submission to the financial agency for approval by the authorized body.

b) For treatment and detoxification funding at home and in the community: The People's Committee of the commune shall base its estimates on the number of drug addicts among the subjects eligible for exemption from drug detoxification costs and support for withdrawal symptoms, and submit these estimates together with the annual commune budget for approval by the authorized body.

IV. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days after its publication in the Official Gazette and shall replace Circular Joint Circular No. 13/2004/TTLT/BLDTBXH-BTC dated November 2, 2004 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance on guidelines for contributions and allowance systems for sex workers and drug addicts, and Joint Circular No. 56/2005/TTLT/BTC-BLDTBXH dated July 5, 2005 of the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs on allowance systems for individuals without fixed residence temporarily housed in medical facilities.

2. During the implementation process, if there are any difficulties, they should be promptly reported to the relevant ministries for study and resolution./.

 

 

Place of Receipt:

- Central Committee of the Party,

- Prime Minister;

- Central Party Office;

- National Assembly Office, President's Office, Government Office;

- Ministries, agencies equivalent to ministries, and government agencies;

- People's Committees of provinces and centrally governed cities;

- Supreme People's Court; Supreme People's Procuracy;

- State Audit Agency;

- Central Agencies of Mass Organizations;

- Provincial Departments of Finance, KBNN, Departments of Labor, Invalids and Social Affairs under centrally governed cities and provinces;

- Department of Legal Drafting, Ministry of Justice;

- Official Gazette; Government website;

- Ministry of Finance; Ministry of Labor, Invalids and Social Affairs website;

- Units under the Ministry of Finance, Ministry of Labor, Invalids and Social Affairs;

- To be filed: Ministry of Finance, Ministry of Labor, Invalids and Social Affairs; Social Affairs.