This Circular stipulates the responsibilities for contributions and allowances for drug addicts and prostitutes during treatment and rehabilitation at centers, families, and communities. It provides detailed regulations on meal expenses, medication, testing, vocational training, community reintegration, as well as cases of fee reductions and exemptions.
적용 범위
Drug addicts and prostitutes undergoing compulsory treatment and rehabilitation at centers; underage drug addicts and prostitutes being admitted to centers; voluntary drug addicts and prostitutes at centers; drug addicts undergoing rehabilitation at home and in the community.
핵심 사항
- Drug addicts undergoing compulsory treatment and rehabilitation at centers must contribute to meal expenses during periods when they are not receiving allowances.
- Voluntary drug addicts and prostitutes at centers and their families have the responsibility to contribute to expenses such as meals, medication, testing, vocational training, and hygiene.
- Drug addicts and prostitutes caught from the age of twelve years old or older, or between sixteen and fifty-five years old, must contribute to rehabilitation costs at home and in the community.
- Drug addicts and prostitutes shall be provided with a minimum monthly allowance of 240,000 VND per person for meals.
- Centers are responsible for burial services for drug addicts and prostitutes who die at centers without relatives or whose relatives cannot arrive in time.
🌐 이 문서의 사회적 영향
- Positive impact: Helps ensure funding for the rehabilitation process and support for community reintegration.
- Negative impact: Economic burden on drug addicts, prostitutes, and their relatives.
❓ 자주 묻는 질문
How much meal expense must drug addicts and prostitutes pay each month?
Drug addicts undergoing compulsory treatment and rehabilitation at centers must contribute to meal expenses according to provincial regulations during periods when they are not receiving allowances. The minimum amount is 240,000 VND per person per month.
Are prostitutes eligible for treatment cost support?
Prostitutes are entitled to allowances for medications treating sexually transmitted diseases, common illnesses, testing, and other medical expenses. The maximum amount is 200,000 VND per person per enforcement decision.
When are drug addicts and prostitutes exempted from paying meal expenses?
Individuals eligible for social welfare benefits or those without a fixed residence who themselves are unable to contribute or whose relatives (for minors) cannot be identified will be considered for exemption from meal expenses.
Must drug addicts and prostitutes caught from the age of twelve years old or older contribute to rehabilitation costs at home and in the community?
Yes, they are responsible for contributing to these costs during the period of rehabilitation at home and in the community.
What support is provided to drug addicts and prostitutes infected with HIV/AIDS?
Drug addicts and prostitutes, whether voluntary or compulsory, at centers who are infected with HIV/AIDS will receive additional support for medication, purchase of items to prevent HIV transmission, and other related expenses.
전문
JOINT CIRCULAR
Guidelines on the responsibility to contribute and the subsidy regime for drug addicts and prostitutes
____________________
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 applicable 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 a fixed residence in temporary accommodation at medical facilities;
The Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs issue guidelines on the responsibility to contribute and the subsidy regime for drug addicts and prostitutes undergoing treatment and detoxification at the Center for Treatment-Education-Social Work (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. Objectives 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 voluntarily undergoing treatment and detoxification at the Center.
d) Drug addicts undergoing treatment and detoxification at home and in the community.
e) Drug addicts aged 12 years or older caught using drugs illegally without a fixed residence.
f) Prostitutes aged 16 to 55 years 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, as well as at home and in the community, shall bear the costs and be entitled to state subsidies according to the provisions of this Circular. In cases where drug addicts or 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 TO CONTRIBUTE
1. Drug addicts and prostitutes compulsorily admitted to the Center must pay for meals according to the regulations of the People's Committee of the province or centrally administered city (hereinafter collectively referred to as provincial level) during the period they do not receive meal subsidies.
2. For drug addicts voluntarily undergoing treatment and detoxification at the Center, they must contribute the following expenses:
a) Food expenses;
b) Drug support for withdrawal symptoms and other common medications;
c) Fees for testing for drugs and other tests;
d) Fees for cultural and sports activities;
e) Fees for education and vocational training (if the individual requests);
f) Electricity, water, and sanitation fees;
g) Contributions for building infrastructure;
g) Service and management fees;
The Department of Labor, Invalids and Social Affairs shall coordinate with the Department of Finance to report to the People's Committee at the provincial level for the People's Council at the same level to consider and decide on the contribution amounts based on ensuring sufficient costs.
3. For drug addicts undergoing detoxification at home and in the community, the drug addict, spouse, parents, or guardian of a minor drug addict, and the family of the drug addict shall be responsible for contributing the following expenses during the detoxification period:
- Medications to support withdrawal from addiction;
- Detoxification organization costs:
+ Withdrawal and detoxification treatment for the addict (per person/period);
+ Monitoring, managing, and supporting the addict post-detoxification (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 Provincial People's Committee, ensuring sufficient costs and being appropriate to the actual conditions of each locality.
III. SUBSIDY REGIMES AND EXEMPTIONS FROM TREATMENT AND DETOXIFICATION COSTS
1. Subsidies:
Drug addicts and prostitutes (including minor drug addicts and prostitutes) compulsorily admitted to the Center and drug addicts and prostitutes without a fixed residence temporarily accommodated at the Center shall be subsidized the following:
a) Meals: a minimum of 240,000 VND/person/month; specific periods as follows:
- For drug addicts, 12 months; for prostitutes, 9 months. Any remaining time under the decision, drug addicts and prostitutes must pay for meals 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 be subsidized meals during the execution of the decision.
For drug addicts and prostitutes without a fixed residence temporarily accommodated at the Center (hereinafter referred to as temporary residents), a minimum meal subsidy of 8,000 VND/person/day, with a maximum duration of 15 days.
b) Medical treatment:
- For drug addicts, a maximum subsidy of 400,000 VND/person/execution decision for supportive medications, emergency care, testing, and treatment of opportunistic diseases.
- For prostitutes, a maximum subsidy of 200,000 VND/person/execution decision for treatment of sexually transmitted diseases, common medications, testing, and other medical expenses.
- If a prostitute is also a drug addict, they will receive a maximum subsidy of 550,000 VND/person/execution decision for treatment and supportive medications for withdrawal.
During the execution of the decision or temporary stay at the Center, if a drug addict or prostitute suffers an injury due to a work accident, they shall receive prompt first aid and emergency care until stabilized. In case In case of severe illness or incurable disease that exceeds the treatment capacity of the Center and requires transfer to a state hospital for treatment, the treatment costs during the hospital stay shall be borne by the individual or their family. However, individuals who fall under policy beneficiaries or have extremely difficult family circumstances 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 drug addicts and underage prostitutes, 100% of the treatment costs will be subsidized.
c) Personal living necessities purchase expenses: a minimum of 100,000 VND per person per year or per enforcement decision for those with less than one year of decision execution time.
For temporary residents, during the period of temporary residence, they may use their own clothing, quilts, and mosquito nets. If a person brought into temporary residence lacks clothing, quilts, and mosquito nets, the Center will purchase these items based on the number of temporary residents to lend them.
Specifically for drug addicts and underage prostitutes, personal items will be provided in kind according to the following regulations: They can lie on separate wooden beds or floors with mats and mosquito nets. Southern facilities provide each person with one blanket. Northern facilities provide each person with a two-kilogram cotton quilt and a warm jacket. Annually, each person receives two mats, two sets of long pants, one uniform set, two sets of underwear, two face towels, two pairs of plastic sandals, two toothbrushes, one nylon raincoat, and one hard hat. Quarterly, each person receives one 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 enforcement decision for those with less than one year of decision execution time.
đ) Educational and behavioral 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 behavioral rehabilitation for drug addicts, prostitutes, and post-drug rehabilitation individuals.
e) Vocational training expenses: For drug addicts and prostitutes who have not yet received vocational training and wish to learn a trade, the Center Director will consider supporting short-term vocational training expenses, a minimum of 500,000 VND per person. This funding 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 decides 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 administrative violation handling decisions or temporary residence at the Center, drug addicts and prostitutes returning to the community due to difficult circumstances or lack of income from work at the Center and having a clear residential address, upon return, they will receive a travel allowance of 20,000 VND per person per day, up to a maximum of five days; transportation expenses will be reimbursed according to public transport rates. If the Center has the means, it will issue tickets for the subjects.
i) Community reintegration allowance: After completing administrative violation handling decisions, drug addicts and prostitutes who return to their place of origin and show significant progress, commit to not reoffending, and are unemployed with difficult personal and family circumstances, will be considered for community reintegration allowances by the District People's Committee, at a minimum of 750,000 VND per person to create employment and stabilize their lives. This allowance is only provided for the first time and not for subsequent entries.
Drug addicts and prostitutes who are still minors when completing the decision will not receive this allowance.
k) Funeral expenses: The Center is responsible for funeral arrangements for drug addicts and prostitutes undergoing treatment who die at the Center without relatives or whose relatives cannot arrive in time, or who die due to work accidents. The minimum funeral expense is 2,000,000 VND per person. In cases requiring forensic examination to confirm the cause of death, the Center will cover these costs according to current state regulations.
l) For voluntary or compulsory drug addicts and prostitutes infected with HIV/AIDS at the Center, additional medical expenses, expenses for purchasing HIV prevention and control items, and other support expenses (excluding food and detoxification treatment expenses) will 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 HIV prevention at educational institutions, correctional schools, healthcare facilities, social welfare centers, prisons, detention centers, and related guidance documents.
2. Exemption and reduction of food and treatment costs:
a) Eligible for exemption and reduction: Drug addicts and prostitutes undergoing mandatory treatment and detoxification at the Center may be considered for food support during the decision execution period; drug addicts and prostitutes undergoing voluntary or mandatory treatment at the Center, whose families and communities may be eligible for partial reduction or full exemption of treatment and detoxification costs in the following cases:
- Individuals benefiting from social welfare policies as stipulated in Decree No. 67/2007/NĐ-CP dated April 13, 2007, issued by the Government on social assistance policies for social welfare beneficiaries.
- Individuals without a fixed residence, unable to contribute personally or whose relatives cannot be identified (for minors).
- Individuals belonging to policy beneficiary families as stipulated in the Preferential Treatment Ordinance for Those Contributing to the Revolution.
b) The level of exemption and reduction and procedures for application are regulated by the Provincial People's Committee.
The levels of food subsidies, personal necessities purchases, cultural and sports activities, vocational training, and community reintegration prescribed 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 at the provincial level for consideration and decision on appropriate expenditure levels.
3. Implementation funds:
The funding sources for providing subsidies and reducing, exempting treatment and detoxification costs for the subjects specified in this section shall be allocated within the annual social security budget of local governments 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 expenses at Centers: Annually, during the time stipulated for preparing the state budget, the Centers shall base their budgets (Type 15, Item 09) on the subsidies provided to the subjects and the exemptions and reductions required for the subjects as prescribed 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 them together with the Center’s regular expenditures to the managing authority for consolidation and submission to the financial authority for approval by the competent authority.
b) For treatment and detoxification expenses at home and in the community: The People's Committee at the commune level shall base its budget on the number of drug addicts among the subjects eligible for exemption and reduction of detoxification medication costs and support costs for withdrawal symptoms, and include it in the annual commune budget for submission to the competent authority for approval.
IV. IMPLEMENTATION PROVISIONS
1. This Circular shall take effect 15 days from the date of publication in the Official Gazette and shall replace Circular Joint No. 13/2004/TTLT/BLDTBXH-BTC dated November 2, 2004, issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance, guiding the responsibility for contributions and subsidy systems for sex workers and drug addicts, and Circular Joint No. 56/2005/TTLT/BTC-BLDTBXH dated July 5, 2005, issued by the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs, guiding the subsidy system for subjects without fixed residence temporarily residing at 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./.
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