Circular No. 124/2018/TT-BTC on the management and use of funds for voluntary drug rehabilitation support

CIRCULAR

REGULATIONS ON MANAGEMENT AND USE OF FUNDS FOR IMPLEMENTING SUPPORT FOR VOLUNTARY DRUG DEPENDENCY TREATMENT

Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000; the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Narcotics dated June 3, 2008 (hereinafter referred to as the Law on Prevention and Control of Narcotics);

Pursuant to Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on conditions and procedures for issuing permits and managing activities of voluntary drug rehabilitation facilities (hereinafter referred to as Decree No. 147/2003/NĐ-CP);

Pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the application of measures to be admitted to medical facilities, organization of activities of medical facilities under the Administrative Violation Handling Law and the regime applicable to minors and voluntary patients (hereinafter referred to as Decree No. 135/2004/NĐ-CP);

Pursuant to Decree No. 94/2010/NĐ-CP dated September 9, 2010 of the Government on organizing drug rehabilitation at home and in the community (hereinafter referred to as Decree No. 94/2010/NĐ-CP);

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing the implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 80/2018/NĐ-CP dated May 17, 2018 of the Government amending and supplementing certain provisions of Decree No. 147/2003/NĐ-CP and Decree No. 135/2004/NĐ-CP (hereinafter referred to as Decree No. 80/2018/NĐ-CP);

At the proposal of the Director of the Department of Administrative and Public Financial Affairs;

The Minister of Finance issues this Circular on management and use of funds for implementing support for voluntary drug rehabilitation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the management and use of funds for implementing support for voluntary drug rehabilitation at home, in the community, and in public and non-public drug rehabilitation facilities (hereinafter referred to as drug rehabilitation facilities) in accordance with the Law on Prevention and Control of Narcotics and detailed regulations implementing the Law.

2. This Circular does not apply to financial support with specific purposes and recipients from organizations and individuals within and outside Vietnam, or financial support where the donor or authorized representative of the donor and the Ministry of Finance have agreed on the content and expenditure levels.

Article 2. Applicability

1. Agencies, organizations, and individuals involved in the management and use of state budget funds for implementing the regime for voluntary drug rehabilitation at home, in the community, and in drug rehabilitation facilities.

2. Persons voluntarily undergoing drug rehabilitation at home, in the community, and at drug rehabilitation facilities.

Article 3. Source of Funding

1. Domestic budget source

a) Funds for implementing the regime for voluntary drug rehabilitation at home, in the community, and in public drug rehabilitation facilities shall be guaranteed by local budgets according to the current state budget decentralization;

b) Funds for implementing the regime for voluntary drug rehabilitation at non-public drug rehabilitation facilities during the pilot period until 2020 shall be allocated in the social security expenditure budget of the Department of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities conducting the pilot program;

c) Funds for organizing voluntary drug rehabilitation at home, in the community shall be allocated in the social security expenditure budget of commune, ward, and town budgets.

2. Contributions from drug rehabilitation participants (or their families) at specific contribution levels shall be determined by the Department of Labor, Invalids, and Social Affairs in coordination with the Department of Finance, submitted for consideration and decision by the People's Council at the provincial level.

3. Financial contributions from organizations and individuals within and outside Vietnam.

4. Other legitimate sources of finance.

Chapter II

REGIME FOR VOLUNTARY DRUG REHABILITATION PARTICIPANTS AT DRUG REHABILITATION FACILITIES

Article 4. State budget guarantee and support levels for voluntary drug rehabilitation at public drug rehabilitation facilities

Clause 1. The state budget guarantees funds for detoxification drugs, detoxification treatment, and mental disorder treatment for voluntary drug rehabilitation at public drug rehabilitation facilities.

Clause 2. Support costs include screening, assessing addiction levels, implementing medical testing services as prescribed by doctors; treating opportunistic infections and common medications.

Point a) Eligible recipients: As stipulated in Clause 2, Article 48a of Decree No. 135/2004/NĐ-CP, supplemented by Clause 4, Article 2 of Decree No. 80/2018/NĐ-CP;

Point b) State budget support level is 95%, including:

- Screening, assessing addiction levels, implementing medical testing services as prescribed by doctors (including HIV/AIDS tests): Costs according to service prices for diagnosis and treatment decided by competent authorities for public healthcare facilities providing such services;

- Treatment costs for opportunistic infections and common medications at drug rehabilitation facilities not contracted under health insurance: Based on actual expenses incurred and legitimate invoices and receipts. Drug rehabilitation facilities prepare annual budgets consistent with actual conditions for approval by competent authorities.

Clause 3. Provincial People's Councils base their decisions on local budget balancing capacity and anticipated number of voluntary drug rehabilitation participants at public drug rehabilitation facilities within their jurisdiction regarding:

Point a) Higher support levels and expanded eligible recipients beyond those specified in Clauses 1 and 2 of this Article (if applicable);

Point b) Monthly food allowance, clothing, and personal living supplies at least equal to 70% of the standard for drug addicts subject to administrative compulsory rehabilitation measures as stipulated in Clause 6, Article 1 of 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, concerning the implementation of compulsory drug rehabilitation measures;

Point c) Housing support for voluntary drug rehabilitation participants at non-governmental drug rehabilitation facilities (including multi-functional facilities with voluntary rehabilitation programs).

Article 5. Pilot support for voluntary drug rehabilitation at non-public drug rehabilitation facilities

Clause 1. Implement pilot support until 2020 for voluntary drug rehabilitation at 15 non-public drug rehabilitation facilities in 10 centrally-administered provinces and cities including Son La, Thai Nguyen, Hoa Binh, Nghe An, Hanoi, Ho Chi Minh City, Dak Lak, Dong Nai, Binh Duong, and Can Tho, as provided in Article 2a of Decree No. 147/2003/NĐ-CP, supplemented by Clause 3, Article 1 of Decree No. 80/2018/NĐ-CP.

Clause 2. Maximum support level for voluntary drug rehabilitation at non-public drug rehabilitation facilities participating in the pilot program shall be equivalent to the support level specified in Article 4 of this Circular for public drug rehabilitation facilities in the same area.

Clause 3. Based on the support level decided by the Provincial People's Council, the Department of Labor, Invalids, and Social Affairs will develop a pilot project proposal following the professional guidance of the Ministry of Labor, Invalids, and Social Affairs, to be submitted to the Chairman of the Provincial People's Committee for decision; provide financial support to selected non-public drug rehabilitation facilities for voluntary drug rehabilitation to implement drug rehabilitation for voluntary drug rehabilitation participants at these facilities.

Chapter III

VOLUNTARY DRUG REHABILITATION AT HOME AND IN THE COMMUNITY

Article 6. Content and expenditure levels for voluntary drug rehabilitation work at home and in the community

1. Expenditure on establishing voluntary drug rehabilitation files at home and in the community: 30,000 VND/file.

2. Expenditure to support the Drug Rehabilitation Task Force (established by the Chairman of the People's Committee of the commune):

a) Expenditure to support management work: Office supplies, printing of files, purchasing of books and equipment for monitoring, statistics, listing, managing files of drug rehabilitation participants. The actual expenditure will be reimbursed based on the approved budget estimate, contracts, invoices, and expense receipts, and in accordance with legal provisions on bidding.

b) Expenditure to support staff participating in concentrated drug rehabilitation treatment work in the community during detoxification: 100,000 VND/person/day;

c) Expenditure to support staff managing and protecting drug rehabilitation participants during concentrated detoxification treatment in the community: 50,000 VND/person/day;

d) Expenditure to support staff assigned to provide psychological and social counseling to drug rehabilitation participants

- 50,000 VND/drug rehabilitation participant/counseling session;

- 70,000 VND/group of drug rehabilitation participants (two or more participants)/counseling session;

đ) Expenditure to support commune, ward, town staff monitoring and managing voluntary drug rehabilitation participants at home and in the community: Specific support level and number of staffshall be submitted for consideration and decision by the Director of the Department of Labor, Invalids and Social Affairs in accordance with the actual number of drug users Provincial People's Committees in the community and geographical conditions of each commune , ward, town but not exceeding 350,000 VND/person/month. 3. Transportation expenses for transporting drug users from their place of residence to the community-based detoxification center (if applicable): The transportation cost will be based on the public transport fare applicable in the locality. In case of using vehicles from agencies or units, the support amount will be calculated at 0.2 liters of gasoline per kilometer based on the actual distance traveled and the gasoline price at the time of transportation. In case of hiring external vehicles, the rental fee will be agreed upon in the contract and should be consistent with the market prices at the time of rental.

Article 7. Support System 1. Voluntary drug rehabilitation participants at home and in the community who belong to poor households, policy families under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, persons eligible for social assistance, and persons with disabilitiesshall be supported once with the cost of medication for detoxification treatment equivalent to the support level provided to voluntary drug rehabilitation participants in state-run drug rehabilitation centers according to local regulations.

2. Depending on specific local conditions, the Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Department of Finance to report to the People's Council at the provincial level for consideration and decision on higher support levels compared to the provisions of Clause 1 of this Article.

ESTABLISHMENT, ALLOCATION, IMPLEMENTATION AND SETTLEMENT OF EXPENSES Article 8. Establishment, allocation, implementation of budget estimates and settlement of expenses 1. The establishment, allocation, and settlement of expenses implementing policies and systems for voluntary drug rehabilitation participants as stipulated in this Circular shall be carried out in accordance with the State Budget Law, Accounting Law, and detailed regulations and guidelines for implementing these laws. 2. The

support for voluntary drug rehabilitation participants at non-state-run drug rehabilitation facilities during the pilot period shall be implemented as follows:

Chapter IV

a) Non-state-run drug rehabilitation facilities participating in the pilot program at 15 non-state-run drug rehabilitation facilities in 10 centrally-administered provinces shall base on the approved pilot project to prepare annual drug rehabilitation plans and funding requirements for participants according to the levels specified in Clause 2 of Article 5 of this Circular and submit them to the Department of Labor, Invalids and Social Affairs for consolidation;

annually, at the same time as preparing the state budget, the Department of Labor, Invalids and Social Affairs shall base on the drug rehabilitation plans of non-state-run drug rehabilitation facilities, the content, expenditure levels, and systems

of non-state-run drug rehabilitation facilities and the number of voluntary drug rehabilitation participants at non-state-run drug rehabilitation facilities in the locality, prepare the budget estimate and consolidate it within the regular expenditure budget of the agency, and submit it to the Department of Finance for review and consolidation to be reported to the competent authority for approval;

c) The Department of Labor, Invalids and Social Affairs shall provide financial support to non-state-run drug rehabilitation facilities based on the following grounds:

- A consolidated list of names and financial support amounts for drug rehabilitation participants at non-state-run drug rehabilitation facilities (signed or thumb-printed by the beneficiaries) attached as an appendix to this Circular. The Department of Labor, Invalids and Social Affairs shall retain this document as the basis for settlement;

b) H- Verification of invoices and expense receipts related to organizing drug rehabilitation for participants. Non-state-run drug rehabilitation facilities shall directly keep detailed invoices and expense receipts in accordance with current regulations. hỗ trợ The Department of Labor, Invalids and Social Affairs shall be responsible for consolidating and settling the financial support for non-state-run drug rehabilitation facilities in accordance with regulations. 1. This Circular takes effect from February 10, 2019. 2. The provisions on the management and use of funds for implementing voluntary drug rehabilitation programs at home, in the community, and in drug rehabilitation facilities as stipulated in Article 1, Clause 1 and Clause 3 of Article 2, Point b of Clause 3 of Article 3, Chapter I, Chapter IV, and Chapter V of the Joint Circular No. 148/2014/TTLT-BTC-BLDTBXH dated October 8, 2014 issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs on the management and use of funds for implementing administrative measures for compulsory drug rehabilitation; systems for minors, voluntary treatment and rehabilitation at Social Education and Labor Centers and drug rehabilitation organizations at home and in the community

shall cease to be effective from the date this Circular takes effect. The Department of Labor - Invalids and Social Affairs shall provide financial support to non-state drug rehabilitation facilities based on the following grounds:

- A consolidated list of names and financial support for individuals undergoing drug rehabilitation at non-state drug rehabilitation facilities (with signatures or fingerprints of the beneficiaries) according to the annex attached to this Circular. The Department of Labor - Invalids and Social Affairs shall retain these documents as the basis for settlement;

- Verification of invoices and expense receipts related to the organization of drug rehabilitation for beneficiaries. Non-state drug rehabilitation facilities shall directly keep specific invoices and expense receipts in accordance with current regulations.

The Department of Labor - Invalids and Social Affairs is responsible for consolidating and settling the financial support provided to non-state drug rehabilitation facilities in accordance with the regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 9. Effective Date

1. This Circular takes effect from February 10, 2019.

2. The provisions regarding the management and use of funds for implementing voluntary drug rehabilitation programs at home, in communities, and at rehabilitation centers stipulated in Article 1, Clause 1 and Clause 3 of Article 2, Point b of Clause 3 of Article 3 of Chapter I, Chapter IV, and Chapter V of the Joint Circular No. 148/2014/TTLT-BTC-BLDTBXH dated October 8, 2014 issued by the Ministry of Finance and the Ministry of Labor - Invalids and Social Affairs on the management and use of funds for implementing the system

of administrative measures for compulsory drug rehabilitation; the system for minors, voluntary patients, and those undergoing treatment and rehabilitation at Social Education and Labor Centers and family and community-based drug rehabilitation organizations shall cease to be effective from the date this Circular takes effect.

3. In case the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

4. During implementation, if there are difficulties or obstacles, it is recommended that agencies, units, and localities reflect them to the Ministry of Finance for research and appropriate amendments and supplements. difficultly, obstacles, it is suggested that agencies, units, and localities report to the Ministry of Finance for study and appropriate amendments and supplements.

Appendix

NAME OF ESTABLISHMENT

COMPREHENSIVE LISTING OF THE SUPPORT FUNDS FOR VOLUNTARY DRUG DEPENDENCY TREATMENT AT NON-GOVERNMENTAL TREATMENT FACILITIES

(Annexed to Circular No. /2018/TT-BTC dated month day year 2018 of the Ministry of Finance)

The note column should clearly indicate the number of days each drug addict actually stayed at the facility.