Decree No. 136/2016/ND-CP Amending and Supplementing Certain Provisions of Decree No. 221/2013/ND-CP dated December 30, 2013 of the Government on the regime for applying administrative handling measures to compulsory drug rehabilitation centers.

 DECREE

Amending and supplementing some articles of Decree No. 221/2013/NĐ-CP

dated December 30, 2013 of the Government stipulating the regime for applying administrative handling measures to be placed in compulsory drug rehabilitation centers

Implementing administrative handling measures to place individuals in compulsory drug rehabilitation centers

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 201 the Government promulgates this Decree amending2;

Decree No. 07/2021/NĐ-CP

the Government detailing certain provisions3/NĐ-CP dated Decemberand supplementing some articles of the Law on Government Organization 2. General Provisions 221/20130, 2013 of the Government stipulating the regime for applying administrative handling measures to place individuals in compulsory drug rehabilitation centers (hereinafter referred to as Decree No.January 1,February 201221/2013/NĐ-CP).人民政府规定制 Article 1. Amending and supplementing some articles of Decree No. 221/2013/NĐ-CP 221Article 3. Subjects to whom administrative handling measures to be placed in compulsory drug rehabilitation centers apply

1. Individuals addicted to drugs who are at least 18 years old, have a stable residence, within two years from the date they completed the execution of a decision to apply educational measures at commune, ward, town level due to drug addiction, or within one year from the expiration of the time limit for implementing a decision to apply educational measures at commune, ward, town level due to drug addiction, but still remain addicted.

1. Clause 3 shall be amended and supplemented as follows:

2. Individuals addicted to drugs who are at least 18 years old, have a stable residence, whose implementation of educational measures at commune, ward, town level due to drug addiction has been terminated.

3. Individuals addicted to drugs who are at least 18 years old, without a stable residence."

Article 9. Documents for requesting application of administrative handling measures to place in compulsory drug rehabilitation centers

2. Article 9 shall be amended and supplemented as follows:

1. For individuals addicted to drugs with a stable residence:

a) A summary curriculum vitae of the individual proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation centers;

b) A statement from the individual proposed to be subject to administrative handling measures to be placed in compulsory drug rehabilitation centers or their lawful representative;

c) An administrative violation record regarding the act of using drugs illegally or a test result showing positive for drugs at the time of filing the documents;

d) A copy of the certificate confirming completion of the execution of a decision to apply educational measures at commune, ward, town level due to drug addiction as stipulated in Clause 1, Article 3 of this Decree, or a copy of the Decision terminating the implementation of a decision to apply educational measures at commune, ward, town level due to drug addiction as stipulated in Clause 2, Article 3 of this Decree.

2. For individuals addicted to drugs without a stable residence:

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

b) A response sheet from the authority specified in Clause 1, Article 10 of this Decree 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 centers;

c) Documents proving that the individual addicted to drugs does not have a stable residence."

"1. The authority responsible for determining the status of drug addiction is a doctor or medical officer certified or trained in diagnosing and treating drug addiction withdrawal symptoms by organizations authorized by the Ministry of Health to organize training and issue certificates, currently working at: Military health facilities, military-civilian health facilities; health examination and treatment facilities under the police; health rooms of compulsory drug rehabilitation centers; health rooms of facilities with functions to receive and manage individuals addicted to drugs without a stable residence during the period of preparing files for the People's Court to consider decisions to place in compulsory drug rehabilitation centers; township health stations; district multi-disciplinary clinics; county-level hospitals and above and hospitals under other ministries and sectors."

3. Clause 1 of Article 10 shall be amended and supplemented as follows:

"1. After the deadline for reading the file as stipulated in Point d, Clause 2, Article 11 of this Decree, the agency preparing the file shall record the file according to the regulations on archiving, store the file according to the law on archiving, and transfer the file along with the document of the agency preparing the file proposing to apply administrative handling measures to place in compulsory drug rehabilitation centers, as follows:

4. Clause 1 of Article 12 shall be amended and supplemented as follows:

a) For the file as stipulated in Clause 1, Article 9 of this Decree, it shall be transferred to the Head of the Justice Department of the district where the individual proposed to be subject to administrative handling measures resides to check the legality of the file;

b) For the file as stipulated in Clause 2, Article 9 of this Decree, it shall be transferred to the Head of the Justice Department of the district where the agency preparing the file is located to check the legality of the file."

5. Point b, Clause 1, Article 13 is amended and supplemented as follows:

"b) In case the file is incomplete, there shall be a written request to the agency preparing the file to supplement it, specifying the reasons and the documents needed to be added to the file. Within three working days from the date of receipt of the request, the agency preparing the file must supplement the required documents. If the file is not supplemented after the said period, the Head of the Department of Labor, Invalids and Social Affairs shall return the file to the agency preparing the file and notify in writing the Head of the Justice Department and the individual whose file was prepared to propose the application of administrative handling measures to be placed in compulsory drug rehabilitation centers."

6. Clause 1, Clause 2, Article 24 are amended and supplemented as follows:

"1. The monthly food allowance for students is 0.8 times the minimum wage. On public holidays, students may have up to three additional meals per day compared to regular days; during the Lunar New Year holiday, students may have up to five additional meals per day compared to regular days; the food allowance for sick students is determined by the Director of the compulsory drug rehabilitation center based on the prescription of the medical staff, but not less than three times the regular daily standard.

2. The annual allowance for bedding, blankets, quilts, pillows, clothing, personal items, and sanitary napkins for female students is 0.9 times the minimum wage."

7. Clause 3a is added after Clause 3, Article 24 as follows:

"3a. Based on specific conditions of each locality, the Provincial People's Council decides on a higher support level than the standard set out in Clauses 1 and 2 of this Article."

Article 27. Labor regime

8. Article 27 is amended and supplemented as follows:

1. Therapeutic labor for students at the rehabilitation center aims to treat them, help them recognize the value of work, hone their skills, and recover lost work abilities due to drug addiction.

2. Students are entitled to rest from therapeutic labor on Saturdays, Sundays, and public holidays as prescribed by law. The daily duration of therapeutic labor for students shall not exceed four hours. Therapeutic labor shall not be organized during detoxification periods.

3. Students participating in therapeutic labor shall be assigned tasks suitable to their health condition, age, and gender.

3. Students participating in therapeutic labor are assigned tasks appropriate to their health condition, age, and gender.

4. Where learners have the need and voluntarily work to earn income, the detoxification facility shall organize for them to work, and such organization of work must comply with the provisions of the Labor Law.

5. Learners participating in therapeutic labor and voluntary labor shall be entitled to the fruits of their labor commensurate with their work results.

Article 2. Implementation Provisions

1. This Decree takes effect from October 30, 2016.

2. The Article 5 of Decree No. 221/2013/NĐ-CP is repealed.

3. Organization of Implementation

a) The Minister of Labor, Invalids and Social Affairs shall be responsible for organizing the implementation of this Decree;

b) The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree./.