Joint Circular No. 14/2012/TTLT-BLDTBXH-BCA stipulates detailed regulations on the application of administrative measures for compulsory treatment at medical facilities and the treatment regime for minors and voluntary patients at such facilities.

JOINT CIRCULAR

Detailed regulations on the implementation of administrative handling measures for admission to treatment facilities and the application regime for minors and voluntary entrants to treatment facilities

treatment and regime applied to minors,persons voluntarily entering a treatment facility,

person voluntarily entering a medical facility

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Pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government stipulating the regime for applying the measure of admission to treatment facilities, the organization of operation of treatment facilities under the Administrative Violation Handling Ordinance and the regime for application to minors and voluntary entrants to treatment facilities (hereinafter referred to as Decree No. 135/2004/NĐ-CP);

Pursuant to Decree No. 61/2011/NĐ-CP dated July 26, 2011 of the Government amending and supplementing certain articles of Decree No. 135/2004/NĐ-CP (hereinafter referred to as Decree No. 61/2011/NĐ-CP);

Pursuant to Decree No. 186/2007/NĐ-CP dated December 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of Labor - War Invalids and Social Affairs and the Minister of Public Security issue this Circular detailing the regime for implementing administrative handling measures for admission to treatment facilities and the regime for application to minors and voluntary entrants to treatment facilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the implementation of certain provisions of Decree No. 135/2004/NĐ-CP, which has been amended and supplemented by Decree No. 61/2011/NĐ-CP (hereinafter referred to as Decree No. 135/2004/NĐ-CP) regarding procedures and regimes for persons subject to the measure of admission to treatment facilities, minors, voluntary entrants to treatment facilities, and the responsibilities of relevant agencies, organizations, and individuals.

Article 2. Applicability

1. This Circular applies to:

a) Compulsory drug rehabilitation centers under the Law on Prevention and Control of Drugs and treatment facilities under the Administrative Violation Handling Ordinance (collectively referred to as Rehabilitation-Counseling-Labor Social Centers, hereinafter referred to as Centers);

b) Drug users and prostitutes subject to the measure of admission to Centers;

c) Minors who are compulsorily rehabilitated at Centers;

d) Drug users and prostitutes voluntarily entering Centers for rehabilitation and treatment;

đ) Other related organizations and individuals.

2. This Circular does not apply to foreigners.

3. Persons undergoing rehabilitation and treatment at Centers are referred to as students.

Article 3. Regulations on forms

1. Forms accompanying this Circular shall be used when applying measures and regimes for rehabilitation and treatment at Centers.

2. Agencies, organizations, and individuals printing the forms prescribed in Clause 1 of this Article must print them uniformly on A4 paper and may not arbitrarily change their content; they are responsible for managing the printing, distribution, and use of the forms and maintaining records thereof.

Chapter II

PROCEDURES FOR ADMITTING PERSONS TO CENTERS

Section 2

PROCEDURES FOR ADMITTING PERSONS SUBJECT TO THE MEASURE OF ADMISSION TO CENTERS

Article 4. Persons subject to the measure of admission to Centers

1. Drug users aged from 18 to 55 years old for females and up to 60 years old for males, who have engaged in illegal drug use and fall into one of the following cases:

a) Have completed the Decision on administrative penalty for illegal drug use or the time limit for enforcement of such Decision has expired but the period for being considered as not having been administratively penalized has not yet ended;

b) Have completed the Decision on education at commune, ward, town level for illegal drug use or the time limit for enforcement of such Decision has expired but the period for being considered as not having been administratively penalized has not yet ended;

c) Have obtained a certificate of completion of voluntary home/community-based drug rehabilitation or have not obtained such certificate but the period for implementing the Decision on voluntary home/community-based drug rehabilitation or the Decision on compulsory community-based drug rehabilitation has expired;

d) Persons who have not been subject to educational measures at commune, ward, town level due to illegal drug use but do not have a fixed residence.

2. Prostitutes aged from 16 to 55 years old for females and up to 60 years old for males, who fall into one of the following cases:

a) Have completed the Decision on education at commune, ward, town level or the Decision on admission to treatment facilities for prostitution or the time limit for enforcement of such Decisions has expired but the period for being considered as not having been administratively penalized has not yet ended;

b) Persons without a fixed residence who have been administratively penalized twice or more within twelve months for prostitution and have not been educated at commune, ward, town level.

3. Persons engaging in illegal drug use are those who fall into one of the following cases:

a) Currently using drugs illegally or through investigation and verification, competent authorities determine that they have engaged in illegal drug use; persons who voluntarily declare their illegal drug use;

b) Through testing for drugs in their bodies, the results are positive and cannot be proven to be legally obtained.

4. The following cases are considered as not having a fixed residence:

a) Unable to identify the place of permanent registration or temporary residence, frequently wandering with no fixed abode;

b) Having a place of permanent registration or temporary residence but not living there regularly and frequently wandering with no fixed abode at the registered places.

Article 5. Establishing the Application File for Admission to the Center

1. The establishment of the application file for admission to the Center shall be carried out in accordance with the provisions of Article 9 of Decree No. 135/2004/NĐ-CP.

2. The application file for applying the measure of admission to the Center includes:

a) A brief curriculum vitae (with a 4x6 cm photograph and legal basis determining age) of the person proposed to apply the measure of admission to the Center;

b) Medical records (if any);

c) Minutes or documents confirming the violation of laws by that person; Copies of Administrative Sanction Decision due to illegal drug use or prostitution and payment receipt (if any);

d) Copies of Decisions on implementing educational measures at commune, ward, town level due to illegal drug use or prostitution, Decisions on implementing treatment measures at facilities, Decisions on voluntary detoxification at home, Decisions on voluntary detoxification in the community, or Decisions on compulsory detoxification in the community; Decisions on post-detoxification management measures (if any);

e) Copies of Certificates confirming completion of educational measures at commune, ward, town level, Certificates confirming completion of treatment measures at facilities, or Certificates confirming completion of time spent on detoxification at home, in the community, Certificates confirming completion of post-detoxification management measures (if any);

f) Comments from the Public Security Office at the commune level, opinions from the Vietnam Fatherland Front Committee or its member organizations at the same level where that person is a member;

h) A document proposing the application of the measure of admission to the Center by the Chairman of the People's Committee at the commune level.

Article 6. Advisory Board on Admission to the Center

1. According to the provisions of Article 11 of Decree No. 135/2004/NĐ-CP, the composition of the Advisory Board on Admission to the Center includes:

a) The Director of the Labor - War Invalids and Social Affairs Department serving as the Standing Member and chairing the Advisory Board meetings;

b) Members including: Chief of Public Security, Director of the Justice Department, Health, and Chairwoman of the Women's Union at the district level.

2. At least three days before convening the Advisory Board meeting, the Standing Member of the Advisory Board must send copies of the documents specified in Clause 3, Article 5 of this Circular to the members of the Advisory Board.

3. In cases where Advisory Board members (including the Standing Member of the Advisory Board) do not attend the meeting, their respective agencies have the responsibility to appoint other leaders to attend. Substitute attendees have the right to vote like regular members. The Advisory Board can only convene when at least two-thirds (2/3) of the members are present and must be recorded in minutes (Form No. 01).

Article 7. Decision on Admission to the Center

1. Within five days from the date of receiving the proposal document from the Advisory Board, the Chairman of the People's Committee at the district level shall examine and decide on the admission to the Center.

2. The Decision on Admission to the Center (Form No. 02) must be sent to the person subject to the measure of admission to the Center, their family, the Labor - War Invalids and Social Affairs agency, the Public Security agency, the People's Council at the district level, and the People's Committee at the commune level where they reside.

Article 8. Enforcement of the Decision on Admission to the Center

1. Within five days from the date of receiving the Decision, the Public Security Office at the district level (hereinafter referred to as the District Public Security Office) shall be responsible for transferring the person required to comply with the Decision to the Center; enforcement of the Decision must be recorded in minutes (Form No. 03). The minutes are made in two copies, one copy kept at the District Public Security Office, and one copy attached to the file for admitting the person to the Center.

2. In cases where a person has a Decision on Admission to the Center but has not been transferred to comply with the Decision and submits a request for postponement or exemption from compliance with the Decision, such requests must be received and examined immediately. If it is found that there are sufficient conditions to postpone or exempt according to Article 18 of Decree No. 135/2004/NĐ-CP and the guidance in this Circular, the Chief of the District Public Security Office must submit a document proposing and report to the Chairman of the People's Committee at the same level to issue a Decision on postponement or exemption from compliance with the Decision for that person and notify the Labor - War Invalids and Social Affairs agency at the district level.

The period of compliance with the Decision on Admission to the Center starts from the day the person subject to this measure is transferred to comply with the Decision (including travel time and administrative detention time).

3. Persons required to comply with the Decision on Admission to the Center or persons arrested under the Decision on search and seizure, if they do not comply voluntarily or engage in resistance, may be handcuffed for escort or other necessary coercive measures as prescribed by law to compel compliance. In cases where resistance constitutes criminal acts, a file must be established to consider criminal liability according to the law.

Article 9. Acceptance of persons brought to the Center

1. The acceptance of persons brought to the Center shall be carried out in accordance with the provisions of Article 17 of Decree No. 135/2004/NĐ-CP.

2. The acceptance of persons brought to the Center must be recorded in a protocol, clearly stating their health condition, documents, files, personal belongings, and personal items they carry (Form No. 04). The handover protocol is made in three copies, each party retains one copy, and one copy is sent to the Standing Advisory Council for file retention.

3. The medical department of the Center is responsible for checking the health status and establishing medical records of persons brought to the Center for monitoring and management. In cases where the person's health condition is abnormal, a protocol confirming the health status (Form No. 05) must be established.

Article 10. Suspension, Exemption from Execution of Decision; Suspension of Implementation of Decision to Bring into the Center

1. Persons subject to the measure of being brought to the Center may have their execution of the Decision suspended or exempted if they fall under one of the circumstances stipulated in Clauses 1 and 2 of Article 18 of Decree No. 135/2004/NĐ-CP, noting that:

a) A person who shows significant progress in complying with the law is one who actively works, studies, participates positively in local community movements, strictly adheres to the Party's policies and state laws, and is confirmed by the Chairman of the People's Committee of the commune where the person resides;

b) A person who performs meritorious acts must be demonstrated through specific actions such as reporting serious crimes, extremely serious crimes; courageously rescuing people, saving state, collective, or other individuals' property and being rewarded by the People's Committee of the commune where the person resides or where the act was performed; having technical innovations recognized by competent authorities at provincial level or higher; achieving outstanding results in mass movements for national security protection and receiving commendation from the Public Security or People's Committee at district level or higher.

2. Suspension period: For severe illness cases, the suspension can be extended until recovery. For women nursing infants, the suspension can be extended until the child reaches 36 months old.

The Public Security at the district and commune levels are responsible for assisting the People's Committee at the same level in supervising persons whose execution of the Decision has been suspended; when the conditions for suspension no longer exist, these subjects must continue to execute the Decision to bring them to the Center; if they do not comply voluntarily, they will be forcibly executed.

3. Persons currently suspended from executing the Decision to bring them to the Center may only be considered for exemption from the Decision after the suspension period is at least half the duration specified in the Decision to bring them to the Center; in cases of meritorious acts, early consideration for exemption may be granted. The Decision on suspension and exemption from the execution of the Decision to bring into the Center is implemented according to Form No. 06 and Form No. 07 issued together with this Circular.

4. If a person required to execute the Decision to bring them to the Center dies before the Decision is implemented, the Head of the Public Security at the district level reports to the Chairman of the People's Committee at the same level to issue a Decision suspending the implementation of that Decision.

Article 11. Searching for and apprehending persons who have escaped after being ordered to enter the Center

1. The search for and apprehension of persons who have escaped after being ordered to enter the Center (hereinafter referred to as escapees) shall be carried out in accordance with Article 19 of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

2. The decision to search for escapees issued by the Head of the Police Department at the district level (in cases where the escapees have not yet been handed over to the Center) or by the Director of the Center (in cases where the escapees are currently serving the Decision at the Center) shall be established according to Model No. 08 attached to this Circular.

Depending on specific circumstances, the search decision shall be sent to the relevant police agencies and local People's Committees as necessary to facilitate the search and apprehension of the subject.

3. When the fugitive is apprehended or received, the police agency must prepare a record, take statements from that person, and immediately notify the agency that issued the search decision so they can come to receive the subject. If necessary, the authorized person temporarily detaining the individual under administrative procedures shall issue an administrative detention decision and transfer them to the administrative detention facility of the police agency.

The time spent in escape shall not be counted towards the period of execution of the Decision to enter the Center.

Article 12. Temporarily transferring persons executing the Decision out of the Center upon request of criminal proceedings agencies

1. The temporary transfer of persons executing the Decision out of the Center shall be carried out when there is a written request from the competent criminal proceedings agency as stipulated in Article 20 of Decree No. 135/2004/NĐ-CP. The request document must clearly state the full name, date of birth, identification card number (if available), place of residence, reason, and duration of the temporary transfer of the person executing the Decision; the Decision number to enter the Center; the date, month, year, and issuer of the Decision. Based on the request letter, the Center Director shall issue a Decision to temporarily transfer the person executing the Decision out of the Center (Model No. 09) and hand them over to the police officer to receive the person. The receiving officer must have a People's Public Security Identity Card and an Introduction Letter from a police agency at the district level or higher. The handover and receipt must be recorded in a protocol.

2. Upon expiration of the temporary transfer period, the requesting agency shall be responsible for returning the person to the Center. If an extension is required, the head of the competent criminal proceedings agency must submit a request letter to the Center Director to issue a Decision on the extension (Model No. 10).

Article 13. Transfer of files of subjects to be admitted to Educational Facilities or Rehabilitation Schools

1. The transfer of files of subjects to be admitted to educational facilities or rehabilitation schools must be carried out strictly in accordance with Article 21a of Decree No. 135/2004/NĐ-CP, noting:

a) The age determination point for considering the Decision to admit to an educational facility or rehabilitation school is the signing date of the Decision to admit to the educational facility or rehabilitation school;

b) The Advisory Board, when reviewing the file requesting admission to the Center, if they find the subject falls within the category to be admitted to an educational facility or rehabilitation school, must record it in the meeting minutes and report to the Chairman of the People's Committee at the district level where the file requesting admission was established, while simultaneously transferring the file to the same-level police agency for verification and investigation, and to initiate the procedure to apply the measure of admitting to an educational facility or rehabilitation school as prescribed by law.

2. The responsibility for preparing the file and procedures to apply the measure of admitting to an educational facility or rehabilitation school for persons currently executing the Decision at the Center shall be carried out in accordance with Clause 4 of Article 21a of Decree No. 135/2004/NĐ-CP.

Section 2

PROCEDURES FOR TRANSFERRING YOUNG DRUG ABUSERS AND VOLUNTARY DRUG ABUSERS AND SELLERS INTO THE CENTER

Article 14. Procedures for admitting minors addicted to drugs to the Center

1. The procedures for establishing, reviewing files, and admitting minors addicted to drugs to compulsory drug rehabilitation at the Center shall be carried out in accordance with Articles 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Decree No. 135/2004/NĐ-CP and Articles 5, 6, 7, 8, and 9 of this Circular.

2. Decision on admitting minors addicted to drugs to the Center

a) Within five days from the date of receipt of the advisory council's proposal, the Chairman of the People's Committee of the district shall consider and decide on the admission of minors addicted to drugs to the Center;

b) The decision shall be sent to the person admitted to the Center, their parents or guardians, the Department of Labor - Invalids and Social Affairs, the Police, the People's Council of the district, and the People's Committee of the commune where the person resides.

The decision on admitting minors addicted to drugs to the Center is not a decision on administrative violation handling.

3. Procedures for admitting minors addicted to drugs to the Center

a) Checking the file and the decision on admitting minors addicted to drugs to the Center

b) Comparing the file of the person admitted to the Center with their Identity Card (if available);

c) The medical department of the Center conducts a health check upon admission for monitoring and management;

d) Representatives of the County Police and the Center prepare a handover record for the person required to comply with the decision and accompanying files, clearly stating the documents in the file, the health condition of the person, personal belongings, and personal items carried. The handover record is prepared in two copies, each party retains one copy.

Article 15. Procedures for admitting voluntary drug addicts and sex workers to rehabilitation, treatment, and recovery at the Center

1. The procedures for establishing, reviewing files, and admitting voluntary drug addicts and sex workers to rehabilitation, treatment, and recovery at the Center shall be carried out in accordance with Articles 26, 27, 28, and 29 of Decree No. 135/2004/NĐ-CP.

2. Files for reviewing and admitting voluntary persons to the Center:

a) Application form of the voluntary person requesting admission to the Center (Form No. 11);

b) Copy of Identity Card or Household Registration Book or Long-term Residence Certificate (notarized or accompanied by the original for comparison).

3. Within seven days from the date of receipt of the application form of the voluntary person requesting admission to the Center, the Director of the Center shall review the file and issue a decision to admit based on the Center's capacity (Form No. 12).

The admission decision shall be sent to the voluntary person requesting admission to the Center, their parents, spouse, siblings, or guardian (for minors) and the People's Committee of the commune where the person resides.

4. In cases where the review of the file reveals that the voluntary person requesting admission to the Center is being investigated by the Police for referral to an educational institution or detention center or is a fugitive criminal, the Director of the Center shall refuse admission and immediately inform the nearest Police agency. If the Director of the Center has already issued an admission decision and then discovers such a situation, the admission decision shall be revoked.

5. Admission procedures for persons entering the Center

a) Admission staff shall check and compare the voluntary person requesting admission to the Center with the admission decision and file;

b) The medical department of the Center shall conduct a health examination and establish a medical record to determine the health status upon admission;

c) The Center shall be responsible for preparing an admission record and clearly stating the health status of the person admitted; personal belongings, and personal items carried. The admission record is prepared in two copies, one retained by the person undergoing rehabilitation and treatment and the other by the Center.

In cases where the person admitted to the Center is a minor, their parents or guardian shall be responsible for completing the admission procedures with the Center.

6. Duration of treatment, rehabilitation, and recovery at the Center

a) The duration of treatment, rehabilitation, and recovery at the Center shall be at least six months for drug addicts and three months for sex workers;

b) Upon completion of the rehabilitation and treatment period, the Director of the Center shall issue a certificate of treatment, rehabilitation, and recovery and send a copy of the certificate to the People's Committee of the commune where the person resides;

c) During the treatment and rehabilitation period, if the voluntary person requesting admission to the Center does not wish to continue staying at the Center, they must submit a request to the Director of the Center for consideration and decision. The request must have the consent of their parents, spouse, siblings, or guardian (for minors);

d) Within seven days from the date of receipt of the request, the Director of the Center shall consider and decide to terminate voluntary rehabilitation and treatment at the Center; the decision shall be documented in writing and sent to the voluntary person, their parents, spouse, siblings, or guardian (if the person is a minor) and the People's Committee of the commune where the person resides.

Chapter III

REGIME FOR PERSONS ADMITTED TO THE CENTER

Section 1

REGIME FOR PERSONS SUBJECT TO MEASURES OF ADMISSION TO THE CENTER

Article 16. Management, Evaluation, and Classification of Students

1. Detoxification and treatment students shall be managed in groups and teams; each group shall not exceed twenty people; each team shall not exceed five groups. Weekly, monthly, quarterly, the Center shall organize group activities for evaluations of students' study, work, and discipline results, categorized into four types: excellent, good, average, and poor.

2. Detoxification and treatment students who attend at least five days a week shall be evaluated and classified weekly. The classification result is based on the scoring criteria set forth in the Weekly Effort and Discipline Assessment Criteria (hereinafter referred to as Scoring Criteria, Appendix No. 01).

Every Saturday, the group leader shall convene group members for evaluation and classification. Based on the Scoring Criteria, each student shall self-classify, other members shall comment and vote to approve. The evaluation result shall be approved when at least two-thirds of attendees agree. The evaluation must be recorded in a protocol signed by the Group Leader and the responsible officer.

3. The classification result of students shall be publicly announced via the Center's communication means on Sunday morning of the same week. If there are no objections, the Group Leader must submit the result to the specialized department responsible for managing students within the latest Wednesday of the following week to record the Student Assessment and Classification Form (Form No. 13) and file the management records.

4. Center staff and students, within two days from the announcement of the classification result, if they discover any inaccurate classifications, shall report to the Center Director and the responsible officer of that group for review. Upon receiving complaints, the responsible officer must convene a meeting to re-examine the case; the re-meeting must be recorded and sent to the department responsible for managing students.

5. Students with detoxification and treatment periods of three weeks or more at the Center shall be classified monthly; those with periods of two months or more shall be classified quarterly. The classification shall be conducted according to the guidelines in the Student Classification Criteria (Appendix No. 02).

Article 17. Living Conditions, Cultural Activities, and Physical Exercise

1. Students shall be allocated accommodation suitable for their gender, age, and health condition. Each student shall have a minimum area of 2.5 square meters. The living quarters must ensure ventilation during summer and protection from cold winds during winter, maintaining environmental hygiene.

2. Daily, outside of study and work hours, the Center shall organize cultural, artistic, physical exercise, reading, watching television, and other recreational activities for students; depending on the Center's conditions, regular monthly or quarterly cultural exchanges between groups and teams shall be organized.

3. Depending on conditions and scale, each Center may establish one or more bookshelves and reading rooms for students; organizing students to participate in building a weekly bulletin to inform about Center activities and highlight exemplary groups, teams, and students achieving excellence in discipline, study, and work.

4. Daily, the Center shall broadcast current affairs programs through the radio and television system so that students can access necessary information.

Article 18. Counseling System

1. Counseling activities must be carried out by dedicated staff members who have been trained in counseling procedures at the Center. In cases where learners encounter complex psychological issues beyond the capacity of Center staff, the Center may invite professional counselors.

2. When learners request individual counseling, the Center must promptly arrange for counseling staff to understand their thoughts, wishes, and psychological changes, providing timely psychological advice and support to the learners.

3. Learners must participate in group counseling activities at least twice a week, with each session not exceeding 90 minutes, and each counseling group not exceeding 20 people. The Center must arrange counseling rooms and provide a specific schedule for activities.

4. Depending on the specific conditions of the Center and the voluntary participation of the learners' families, the Center may organize group counseling activities for the learners' families, not more than once a week, with each session not exceeding 90 minutes.

5. Annually, the Center conducts surveys and evaluates needs to develop training and budget plans for counseling staff, reporting to the Director of the Department of Labor, Invalids, and Social Affairs for review and approval, and submitting to the competent authority for decision.

6. The Department of Labor, Invalids, and Social Affairs compiles the training and development plan for counseling staff and reports it to the Ministry of Labor, Invalids, and Social Affairs (through the Anti-Social Evils Prevention Bureau) for coordination in guidance, direction, and support regarding funding and expertise.

Article 19. Labor System

1. The allocation and arrangement of labor for learners at the Center must be appropriate to the learners' health, age, and gender. The daily working hours for learners shall not exceed four hours. The combined time for work, study, and counseling shall not exceed eight hours a day. Learners are entitled to rest on Saturdays, Sundays, holidays, and festivals as stipulated by law.

2. Product quotas must be suitable for the learners' health, age, and gender. Learners who exceed their quotas will be rewarded and recognized, and they will receive the full amount of wages earned from the excess work. If learners fail to meet their quotas, they will be criticized and reminded during collective meetings.

3. Learners may use their bonuses and income from labor to purchase food and personal necessities, deposit them for safekeeping and retrieve them upon leaving the Center, or send them back home according to the Center's regulations.

4. Every six months and annually, the Center must report in detail on the organization of labor and the utilization of labor results to the Department of Labor, Invalids, and Social Affairs and the Ministry of Labor, Invalids, and Social Affairs for monitoring and inspection.

Article 20. Visitation and Meeting with Relatives

1. Except for learners undergoing detoxification or newly admitted to the Center within 15 days, or those awaiting disciplinary review or being disciplined in a disciplinary room, learners are permitted to visit and meet relatives who are family members or close kin.

2. On a regular basis, two to five times a week, the Center organizes visits for learners to meet their relatives. Each learner can meet their relatives no more than once a week, with each meeting not exceeding two hours and a maximum of three people per visit.

3. Learners who have been married for at least two months and were rated as good or better in the previous month may be considered by the Center Director for permission to meet their spouse privately once a month in the following month, with a maximum duration of 24 hours per meeting.

4. When visiting learners, relatives must present their Identity Card and fill out the Application Form for Visiting Learners provided by the Center (Form No. 14).

5. Relatives may bring bedding, mosquito nets, clothing, and other essential living items for learners to use; non-alcoholic food and drinks may only be consumed in the visiting room; money, valuable papers, and medicines must be deposited according to the Center's regulations.

6. The Center Director decides to establish a Visitation Team consisting of staff from various departments of the Center. Members of the Visitation Team are responsible for guiding, supervising, and managing visitation activities, answering questions from relatives and learners about the visitation system, and have the authority to suspend visits if they violate the Center's rules and the visitation system. They also have the responsibility to update information on visitation activities in the Learner Visitation Logbook (Form No. 15) and the Supervision Activity Logbook (Form No. 16).

Article 21. Bereavement Leave System

1. The handling of student leave to attend family funerals shall be carried out in accordance with Article 33 of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

2. The student's family must submit a Request Form confirmed by the People's Committee of the commune where the student resides to the Center Director. The form must clearly state the name, ID number, place of residence, relationship to the student, the requested bereavement leave period, and a commitment to manage and supervise the student to prevent illegal drug use or other criminal behavior during the leave period, and to cover the costs for returning the student home and back to the Center.

3. Upon receiving the family's request, the Center Director (or someone authorized by the Director) must review and decide on granting the student bereavement leave. The decision must be in writing, specifying the leave duration, the family's responsibility for transporting and supervising the student during the leave period (Model No. 17). The decision must be sent to the student's family, the People's Committee of the commune where the student resides, and kept in the student's file.

4. When allowing students to return for bereavement leave and upon their return to the Center, a handover record must be established with the student's family; the record must be made in duplicate, with each party keeping one copy.

5. Students returning home must present the Center Director's Decision allowing bereavement leave to the People's Committee of the commune where they reside.

6. Upon the student's return to the Center, a drug test must be conducted. The test results must be publicly announced to the student and their family and recorded in the handover record to serve as a basis for evaluation, classification, and appropriate disciplinary action.

Article 22. Reward and Disciplinary System

1. Rewards and disciplinary actions for students shall be implemented according to the provisions of Article 70 of Decree No. 135/2004/NĐ-CP.

2. The Reward and Disciplinary Council:

a) The Center Director issues a Decision to establish the Reward and Disciplinary Council (hereinafter referred to as the Council) for students, consisting of Center leadership and heads of specialized departments at the Center. The Center Director serves as the Chair of the Council, and the head of the department responsible for managing students acts as the Secretary of the Council;

b) The Council convenes regularly every quarter or at short notice to review and vote on rewards and disciplinary actions for specific cases based on the results of evaluations and recommendations from teams and comments from management staff. In case of a tie vote, the opinion of the Council Chair will be decisive.

3. The reward and disciplinary recommendation files are prepared by team officers and submitted to the Council within the first week of the next quarter for regular rewards, or no later than two days after the team meeting for urgent rewards and disciplinary actions. Within seven days of receiving the file, the Council Chair must convene a meeting to review rewards and disciplinary actions. The results are announced through the Center's communication channels.

Within three days, if there are no appeals, the Center Director signs the Decision on rewards and disciplinary actions. If there are appeals, the Council Chair must convene a meeting to review the appeal content.

4. Reward System: If a student demonstrates outstanding achievements in study and work, the Center Director may reward them in one of the following ways:

a) Public recognition and monetary or material rewards from the Center's Merit Award Fund (if available);

b) Increased visits to family members: up to twice a week for one month;

c) Recommendation for reduction or exemption from the execution period of the Decision.

5. Regular reward assessment for students is based on their evaluation and classification results according to the following criteria:

a) For public recognition: being classified as good in the quarter under consideration, including one month classified as excellent;

b) For increased visitation rewards: being classified as excellent in the quarter under consideration;

c) For recommendation of reduced or exempted execution time: implemented according to the provisions of Article 61 of Decree No. 135/2004/NĐ-CP and the guidance provided in Article 24 of this Circular.

6. The regular reward recommendation file includes: - Evaluation and classification tracking sheet of the person recommended for reward; - Report on academic and work achievements of the person recommended for reward; - Meeting minutes of the team recommending rewards.

7. Urgent reward assessment applies to students in the following situations:

a) Actively and selflessly participating in disaster prevention and firefighting efforts to protect others' lives and Center property;

b) Providing information leading to the discovery, prevention, or arrest of criminals;

c) Assisting authorities in discovering and preventing escape or disruption activities at the Center.

8. The urgent reward recommendation file includes: - Achievement report of the person recommended for reward; - Team meeting minutes recommending rewards, with at least two-thirds of attendees agreeing.

9. Regularly every quarter or urgently, team officers organize team meetings to evaluate and recommend rewards for students based on monthly or quarterly evaluations or outstanding achievements. Voting is done by secret ballot, with results recorded in the minutes confirmed by the Team Leader and the team officer.

10. Disciplinary System:

a) If a student violates Center regulations, refuses to participate in labor or study, they will be subject to one of the following disciplinary measures:

- Criticism: applicable for the first offense with minor misconduct or unintentional error;

- Warning: applicable for the first offense with serious misconduct or repeated offenses;

- Educational detention: applicable for severe misconduct such as harming others' health, disrupting Center security and order, resisting authority, escaping, or organizing escapes from the Center. The maximum educational detention period is seven days per decision.

In addition to the above disciplinary forms, depending on the nature and severity of the violation, trainees may be subject to supplementary disciplinary measures such as being required to publicly apologize, having their visits with relatives restricted, performing community service at the Center, etc.

b) Management staff are responsible for drafting a record of the violation and sending it to the team leader. Within three days from receiving the violation record, the team leader must request the violator to write a self-criticism statement and convene a team meeting to review the disciplinary action. The team meeting shall be recorded with signatures of the Team Leader and the team leader.

c) The disciplinary proposal file includes:

- Monitoring and evaluation form for classification of the person proposed for disciplinary action;

- Violation record;

- Self-criticism statement of the violator;

- Record of the team meeting regarding the disciplinary review.

11. The Director of the Center decides to apply rewards and disciplinary measures in writing (Form No. 18, Form No. 19) and retains them in the trainee's file.

Article 23. Suspension of Execution of the Decision at the Center

1. Trainees who are pregnant or seriously ill, with a Certificate from a hospital at district level or higher, shall submit a Request for Suspension of Execution of the Decision to the Center Director.

2. Within two days from receiving the request, the Center Director must prepare a proposal letter, attaching the Request and the Hospital Certificate for the person concerned, and send it to the Head of the Labor, Invalids, and Social Affairs Department of the district where the decision to implement the measure was made for verification, and report to the Chairman of the People's Committee of that district.

Within two days from receiving the document from the Head of the Labor, Invalids, and Social Affairs Department, the Chairman of the People's Committee of the district must examine and decide on the suspension of execution of the Decision at the Center (Form No. 20).

At the latest within three days from returning to residence, the person whose execution of the Decision at the Center has been suspended or their family must report to the People's Committee of the commune where they reside.

3. If, upon expiration of the suspension period, the person is still seriously ill, confirmed by a medical facility at district level or higher, the Decision suspending execution can be extended.

4. If a person who is temporarily suspended dies during the suspension period, their family must register the death with the People's Committee of the commune where they reside and send a copy of the Death Certificate to the Center. The Center Director reports to the People's Committee of the district that issued the Decision to remove the name from the list of persons under management, rehabilitation, and treatment at the Center.

Article 24. Reduction of Time or Exemption from Execution of the Decision at the Center

1. Quarterly or at any time when there is a trainee eligible for reduction of time or exemption from execution of the Decision at the Center according to Article 61 of Decree No. 135/2004/NĐ-CP, the Center Director is responsible for preparing a proposal file and organizing a meeting of the Council for Reduction or Exemption (hereinafter referred to as the Council for Reduction or Exemption), specifically:

a) Considering reduction of time for those who have shown significant progress during the execution of the Decision at the Center. The maximum reduction time shall not exceed one-third of the total time of the Decision at the Center. Each individual can only be considered for reduction once during the execution of the Decision at the Center;

b) Considering exemption from the remaining time for those who have performed meritorious acts or suffer from serious illnesses.

A person suffering from a serious illness is one currently afflicted with life-threatening diseases such as cancer, polio, cirrhosis, severe tuberculosis, HIV/AIDS, and other diseases as specified by the Ministry of Health.

2. Members of the Council for Reduction or Exemption include: the Center Director as Chairperson, and members are the Heads of specialized departments of the Center.

3. Based on the Rules and Regulations of the Center, monthly assessment results from teams and platoons, and achievements of each trainee, the Council for Reduction or Exemption reviews and votes on each specific case and concludes based on majority opinion. In case of equal votes, the opinion of the Chairperson is decisive.

4. Within two days from receiving the Meeting Minutes of the Council, the Center Director prepares a proposal letter, attaching the list of cases proposed and the Meeting Minutes of the Council, and sends it to the Head of the Labor, Invalids, and Social Affairs Department of the district where the decision to implement the measure was made for verification, and reports to the Chairman of the People's Committee of that district for examination and decision (Form No. 21, Form No. 22).

5. During the waiting period for the competent authority to examine and decide, if the proposed person commits a violation of the law or violates the rules and regulations of the Center, the Center Director is responsible for convening the Council and preparing a document to send to the Head of the Labor, Invalids, and Social Affairs Department requesting the Chairman of the People's Committee of the district to remove the person from the list for reduction or exemption. If a Decision for reduction or exemption has already been made but not yet implemented, it is requested that the Chairman of the People's Committee of the district revoke the Decision (Form No. 23, Form No. 24).

Article 25. Expiry of Execution of Decision on Admission to the Center

1. Forty-five days before the end of the compulsory drug rehabilitation period, the Director of the Center shall organize a Review Board to assess individuals at high risk of relapse, prepare files to propose measures for post-rehabilitation management at their place of residence or at a post-rehabilitation management center in accordance with Decree No. 94/2009/NĐ-CP dated October 26, 2009 detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Narcotics regarding Post-Rehabilitation Management (hereinafter referred to as Decree No. 94/2009/NĐ-CP).

2. After receiving the Decision of the Chairman of the People's Committee of the district applying post-rehabilitation management measures at the place of residence or at a post-rehabilitation management center for individuals who have completed the compulsory rehabilitation period at the Center, the Director of the Center shall be responsible for transferring the individual and file to the People's Committee of the commune or the post-rehabilitation management center responsible for managing such individual according to Decree No. 94/2009/NĐ-CP.

3. For individuals engaged in prostitution upon completion of the execution period of the Decision, the Director of the Center shall issue a Certificate of Completion of the Decision (Form No. 25) to such individual and send a copy of the Certificate to the Director of the Department of Labor - Invalids and Social Affairs, the Department of Labor - Invalids and Social Affairs, the Chairman of the People's Committee of the district that issued the Decision, the People's Committee of the commune where the individual resides, and the family of the individual.

Section 2

REGIME FOR MINORS AND VOLUNTARY PATIENTS AT THE CENTER

Article 26. Management, Rehabilitation, and Treatment Regime for Minors

1. The management, rehabilitation, and treatment regime for minor trainees shall be implemented in accordance with Section II Chapter III of Decree No. 135/2004/NĐ-CP and the guidance provided in Section I Chapter III of this Circular, noting:

a) Product quotas shall not be assigned to minors;

b) The time spent on therapeutic labor shall not exceed the time allocated for study and medical treatment and shall not exceed three hours per day.

2. Minor trainees may be rewarded by increasing the number of visits from relatives in accordance with Clause 4 and Clause 5 of Article 22 of this Circular, with each reward being applicable for two months.

3. The disciplinary measure of educational detention shall not be applied to minors.

Article 27. Regime for Voluntary Patients at the Center

1. The management, rehabilitation, and treatment regime for voluntary patients at the Center shall be implemented in accordance with Section III Chapter III of Decree No. 135/2004/NĐ-CP and Articles 16, 17, 18, 19, 20, 21, and 22 of this Circular.

2. Voluntary rehabilitation and treatment trainees must comply with the therapeutic labor regime of the Center and shall not be required to participate in production work.

3. Voluntary rehabilitation and treatment trainees may visit their spouses privately in accordance with Clause 3 of Article 20 of this Circular but not more than twice a month.

4. In cases where trainees return home for mourning, upon readmission to the Center, they must bear the cost of drug testing conducted by the Center.

5. Regarding rewards and disciplinary measures

a) Trainees may be rewarded by increasing the number of visits from relatives in accordance with Clause 4 and Clause 5 of Article 22 of this Circular, with each reward being applicable for two months;

b) The disciplinary measure of educational detention shall not be applied to voluntary rehabilitation and treatment trainees at the Center. Instead, the Director of the Center shall consider terminating the rehabilitation and treatment process and notify the family and the People's Committee of the commune where the trainee resides.

6. Upon completion of the rehabilitation and treatment period, the Director of the Center shall issue a Certificate of Completion of Voluntary Rehabilitation and Treatment (Form No. 26) and send a copy of the Certificate to the People's Committee of the commune where the individual resides and the family.

Chapter IV

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 28. Implementation Organization

1. The Department of Social Evils Prevention and Control under the Ministry of Labor - Invalids and Social Affairs shall coordinate with the General Bureau of Criminal Investigation and Legal Support under the Ministry of Public Security to guide the Departments of Labor - Invalids and Social Affairs, local police forces, social education and labor centers, educational institutions, correctional schools, prisons, and temporary detention centers in implementing this Circular; and take the lead in assisting the leadership of the Ministry of Labor - Invalids and Social Affairs and the Ministry of Public Security in directing, guiding, and inspecting the implementation of this Circular.

2. Annually, the Departments of Labor - Invalids and Social Affairs shall cooperate with local police forces to summarize and report to the Ministry of Labor - Invalids and Social Affairs, the Ministry of Public Security, and the People's Committees of provinces and centrally-administered cities on the implementation of this Circular; promptly rewarding collectives and individuals with outstanding achievements and correcting those who have not implemented the measures for admission to treatment facilities and the management and treatment regimes at social education and labor centers effectively.

Article 29. Effective Date

1. This Circular takes effect from July 21, 2012, and replaces Circular No. 22/2004/TTLT-BLĐTBXH-BCA dated December 31, 2004, jointly issued by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Public Security, guiding the implementation of certain provisions of Decree No. 135/2004/NĐ-CP dated June 10, 2004, concerning the application of measures for admission to treatment facilities, the organization of activities of treatment facilities under the Administrative Violations Handling Ordinance, and the application of measures for minors and voluntary patients at treatment facilities.

2. The management system, evaluation, classification of trainees; living conditions, cultural activities, physical exercise activities; visiting and meeting with relatives and reward-punishment regulations stipulated in Chapter III of this Circular replace the Model Regulation on Trainee Management at Rehabilitation-Education-Social Labor Centers, the Model Regulation on Visiting and Meeting Activities between Families of Trainees and Trainees, Staff at Rehabilitation-Education-Social Labor Centers, and the Model Regulation on Rewards and Punishments for Trainees at Rehabilitation-Education-Social Labor Centers issued together with Decision No. 60/2008/QĐ-BLĐTBXH dated July 25, 2008 of the Ministry of Labor, War Invalids, and Social Affairs issuing model regulations on trainee management at Rehabilitation-Education-Social Labor Centers.

3. The Chairpersons of the People's Committees of provinces and centrally governed cities, Heads of relevant units under the Ministry of Public Security, the Ministry of Labor, War Invalids, and Social Affairs, Directors of Public Security Departments of provinces and centrally governed cities, Directors of Educational Institutions, and related organizations and individuals are responsible for implementing this Circular. In the course of implementation, if any difficulties arise, they are requested to report to the Ministry of Labor, War Invalids, and Social Affairs and the Ministry of Public Security for timely guidance.

During the implementation process, if any difficulties arise, it is recommended that they be reported to the Ministry of Labor, War Invalids, and Social Affairs and the Ministry of Public Security for timely guidance./.