Decree No. 146/2004/ND-CP stipulates procedures and authority for deciding to place individuals post-drug rehabilitation into management facilities, vocational training, and employment services.

DECREE OF THE GOVERNMENT

Provisions on procedures and authority to decideplacement in management facilities,

vocational training, and employment resolutionfor individuals after drug rehabilitation

______________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000;

Pursuant to Resolution No. 16/2003/QH11 dated June 17, 2003 of the National Assembly regarding the pilot organization of management, vocational training, and employment resolution for individuals after drug rehabilitation in Ho Chi Minh City and some centrally governed cities and provinces;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the procedures and authority to decide on placement in management facilities, vocational training, and employment resolution for individuals after drug rehabilitation (hereinafter referred to collectively as placement in vocational training and employment resolution) in Ho Chi Minh City and some centrally governed cities and provinces approved by the Prime Minister's approval of the pilot project proposal on organizing management, vocational training, and employment resolution for individuals after drug rehabilitation.

Article 2. Objectives subject to the measure of placement in vocational training and employment resolution

1. Individuals who have completed the compulsory drug rehabilitation period at a compulsory drug rehabilitation facility in accordance with Article 28 of the Law on Prevention and Control of Drugs, aged eighteen years or older, and voluntarily enter vocational training and employment resolution facilities (hereinafter referred to as voluntary individuals).

2. Individuals who have completed the compulsory drug rehabilitation period at a compulsory drug rehabilitation facility in accordance with Article 28 of the Law on Prevention and Control of Drugs but do not voluntarily enter vocational training and employment resolution facilities but have a high risk of relapse if returned to the community (hereinafter referred to collectively as non-voluntary individuals with a high risk of relapse).

Article 3. Authority to decide on placement in vocational training and employment resolution

1. The Chairperson of the People's Committee of centrally governed cities and provinces (hereinafter referred to collectively as provincial level) decides on placement in vocational training and employment resolution for non-voluntary individuals with a high risk of relapse.

2. The Director of the Department of Labor, Invalids, and Social Affairs decides on placement in vocational training and employment resolution for voluntary individuals.

Article 4. Duration of application of the measure of placement in vocational training and employment resolution

1. The duration of applying the measure of placement in vocational training and employment resolution for individuals after drug rehabilitation is from one to two years, and may be extended up to three years if necessary.

2. The Chairperson of the People's Committee at the provincial level and the Director of the Department of Labor, Invalids, and Social Affairs shall decide on the duration of applying the measure of placement in vocational training and employment resolution based on the requirements for organizational management, vocational training, job creation, the degree of risk of relapse, and the individual's request after drug rehabilitation.

Article 5. Definitions

In this Decree, the following terms are understood as follows:

1. Individuals with a high risk of relapse are those falling under one of the following cases:

a) Having been compulsorily rehabilitated at a Medical-Correctional-Labor Facility from the second time onwards;

b) During the rehabilitation period, having violated the internal regulations of the Medical-Correctional-Labor Facility and being disciplined twice or more with a warning or higher penalty;

c) Not having a commitment from family, agencies, units, enterprises, or schools to ensure employment or continued education upon return to the community.

2. Facilities for managing, vocational training, and employment resolution for individuals after drug rehabilitation (hereinafter referred to collectively as vocational training and employment resolution facilities): These are units established, recognized, or assigned tasks by the People's Committee at the provincial level, with the function of receiving individuals after drug rehabilitation to organize management, vocational training, and employment resolution.

Article 6. Principles for applying the measure of placement in vocational training and employment resolution

1. Placement in vocational training and employment resolution shall be carried out according to the procedures and authority prescribed in this Decree.

2. Any acts infringing upon the physical body, health, dignity, and personality of individuals placed in vocational training and employment resolution facilities for individuals after drug rehabilitation are strictly prohibited.

Chapter II

PROCEDURES FOR PLACING INDIVIDUALS IN VOCATIONAL TRAINING

AND EMPLOYMENT RESOLUTION

Article 7. Registration in vocational training and employment resolution facilities

At least forty-five days before the end of the concentrated rehabilitation period, the Director of the Medical-Correctional-Labor Facility shall organize for individuals undergoing rehabilitation to voluntarily register for vocational training and employment resolution facilities.

Article 8. Preparation of the application file for placing voluntary individuals in vocational training and employment resolution facilities

1. Within ten days from the date of registration organization, the Director of the Medical-Correctional-Labor Facility shall prepare the file of voluntary individuals for vocational training and employment resolution facilities.

2. The file of voluntary individuals for vocational training and employment resolution facilities includes:

a) Voluntary registration form for vocational training and employment resolution facilities;

b) Curriculum vitae with a 4x6 cm photograph attached;

c) File tracking the concentrated rehabilitation process at of the Medical-Correctional-Labor Facility;

d) Health examination certificate issued by the District Health Center;

đ) Other relevant documents related to the personal background of voluntary individuals (if any).

Article 9. Decision on placing voluntary individuals in vocational training and employment resolution facilities

1. At least fifteen days before the end of the drug rehabilitation period, the Director of the Medical-Correctional-Labor Facility shall be responsible for transferring the file of voluntary individuals who have registered to the Director of the Department of Labor, Invalids, and Social Affairs.

2. Within ten days from the date of receipt of the file, the Director of the Department of Labor, Invalids, and Social Affairs shall be responsible for reviewing and deciding on placement in vocational training and employment resolution facilities according to Form No. 1 (attached to this Decree).

3. The decision shall be sent to the individual placed in vocational training and employment resolution facilities, their family, the place where the drug rehabilitation is managed, and the People's Committee of the commune, ward, town (hereinafter referred to collectively as commune level) where they reside. of the Medical-Correctional-Labor Facility Verification of a high risk of relapse for non-voluntary individuals

Article 10. 1. The Director

shall be responsible for verifying a high risk of relapse for non-voluntary individuals registering for vocational training and employment resolution facilities. of the Medical-Correctional-Labor Facility 2. In case of necessity, the Director

may request the People's Committee at the commune level and related agencies and organizations to provide information to verify the high risk of relapse of individuals who have completed drug rehabilitation if returned to the community. of the Medical-Correctional-Labor Facility Preparation of the application file for placing non-voluntary individuals with a high risk of relapse in vocational training and employment resolution facilities

Article 11. Establish a dossier to propose placement in vocational training and employment services for individuals who are not voluntary but have a high potential for relapse

1. The dossier for proposing to place individuals who are unwilling but have a high risk of relapse into vocational training and employment centers includes:

a) A curriculum vitae with a 4 x 6 cm photograph attached;

b) A file tracking the concentrated detoxification process at of the Medical-Correctional-Labor Facility;

c) A health examination certificate issued by the Health Center at the district level;

d) A document providing information verifying the high risk of relapse from the People's Committee of the commune where the individual resides or relevant agencies and organizations (if available);

đ) A proposal to place the individual into a vocational training and employment center submitted by the Director; of the Medical-Correctional-Labor Facility;

e) Other documents related to the personal background of the detoxification individual (if available).

2. The Director of the Medical-Correctional-Labor Facility shall be responsible for completing the dossier and transferring it to the Advisory Board no later than twenty days before the end of the detoxification period.

Article 12. Advisory Board on placing individuals who are unwilling but have a high risk of relapse into vocational training and employment centers

1. The Chairman of the Provincial People's Committee shall establish the Advisory Board on placing individuals who are unwilling but have a high risk of relapse into vocational training and employment centers (hereinafter referred to as the Advisory Board).

2. The Advisory Board shall be responsible for assisting the Chairman of the Provincial People's Committee in reviewing the dossiers proposing to place individuals who are unwilling but have a high risk of relapse into vocational training and employment centers.

3. The composition of the Advisory Board includes:

a) The Director of the Department of Labor, Invalids and Social Affairs serves as the Permanent Member of the Board;

b) The Directors of the Department of Health, the Department of Justice, the Provincial Police, and representatives of the Provincial People's Council are members of the Board.

4. The Permanent Member of the Advisory Board shall be responsible for organizing and chairing meetings and preparing documents to submit to the Chairman of the Provincial People's Committee.

5. Within ten days from the date of receipt of the proposal dossier from the Director of the Medical-Correctional-Labor Facility, the Permanent Member of the Advisory Board shall send the dossier to the members of the Advisory Board and convene a meeting of the Advisory Board.

6. The Advisory Board operates under a collective system, examining and voting on each specific case individually, concluding according to the majority opinion. Different opinions must be recorded in the minutes of the meeting along with the document submitted to the Chairman of the Provincial People's Committee.

Article 13. Decision on placing individuals who are unwilling but have a high risk of relapse into vocational training and employment centers

1. Within five days from the date of receipt of the Advisory Board's proposal document, the Chairman of the Provincial People's Committee shall consider and decide on placing individuals who are unwilling but have a high risk of relapse into vocational training and employment centers according to form number 2 (attached to this Decree).

2. The decision shall be sent to the individual being placed into the vocational training and employment center, their family, of the Medical-Correctional-Labor Facility the current management authority of the detoxification facility, the Department of Labor, Invalids and Social Affairs, and the People's Committee of the commune where the individual resides.

Article 14. Effectiveness and enforcement period of the decision on placement into vocational training and employment centers

1. The decision on placement into vocational training and employment centers takes effect from the date of signing.

2. The enforcement period of the decision on placement into vocational training and employment centers is six months, starting from the date the decision becomes effective. In cases where the individual being placed into the management, vocational training, and employment center intentionally avoids enforcement or is temporarily exempted from enforcing the decision, the aforementioned period will be recalculated from the time the avoidance behavior ends or from the time the exemption period expires.

Article 15. Enforcement of the decision on placement into vocational training and employment centers

Within three days from the date the decision on placement into vocational training and employment centers becomes effective, the Director of the Medical-Correctional-Labor Facility shall handle the procedures to transfer the post-detoxification individual to the head of the vocational training and employment center.

Article 16. Procedures for transferring post-detoxification individuals into vocational training and employment centers

1. When receiving post-detoxification individuals, the vocational training and employment center must check the dossier and prepare a handover record.

2. The dossier for transferring post-detoxification individuals into vocational training and employment centers includes:

a) The decision of the Chairman of the Provincial People's Committee or the decision of the Director of the Department of Labor, Invalids and Social Affairs to place into vocational training and employment centers;

b) The dossier proposing to place post-detoxification individuals into vocational training and employment centers as stipulated in Article 8 and Clause 1 of Article 11 of this Decree.

3. When handing over and receiving individuals and dossiers, both parties must prepare a handover record. The handover record shall be prepared in three copies, each party retains one copy, and one copy is sent to the Department of Labor, Invalids and Social Affairs.

4. If the detoxification facility has a vocational training and employment center as stipulated in Clause 2 of Article 5 of this Decree, the Director of the Medical-Correctional-Labor Facility shall transfer the dossier and transfer the post-detoxification individual to be managed according to the Management Regulations of the vocational training and employment center.

Article 17. Suspension or exemption from enforcement of the decision on placement into vocational training and employment centers

1. Individuals placed into vocational training and employment centers may have their decisions suspended in the following cases:

a) Seriously ill with certification from a hospital or Health Center at the district level or higher (individuals in a serious illness condition that renders them unable to work, study, or live normally, or in a life-threatening condition requiring treatment for a certain period to recover, as determined by a physician or doctor);

b) Families facing extraordinary difficulties confirmed by the Chairman of the People's Committee of the commune where the individual resides (families affected by natural disasters, major fires, or having relatives seriously ill with incurable diseases, leaving only the individual to maintain family livelihood, address disaster aftermath, or care for the sick).

When the conditions for suspension no longer exist, the decision continues to be enforced.

2. Individuals placed into vocational training and employment centers may be exempted from enforcement in the following cases:

a) Suffering from a serious illness (as defined by the Ministry of Health) with certification from a hospital at the district level or higher; infected with HIV and progressed to AIDS;

b) Pregnant women with certification from a hospital or Health Center at the district level or higher.

3. The person subject to the decision on placement in vocational training and employment resolution facilities must submit a request for consideration of postponement or exemption from post-rehabilitation management measures. The request shall be submitted to the Chairman of the Provincial People's Committee for those who are not voluntary but have a high risk of relapse, and to the Director of the Department of Labor, Invalids and Social Affairs for those who are voluntary.

Within three days from the date of receipt of the request, the Chairman of the Provincial People's Committee or the Director of the Department of Labor, Invalids and Social Affairs must consider and decide on the postponement or exemption from post-rehabilitation management measures.

Article 18. Pursuit and arrest of persons who have escaped after being decided to be placed in vocational training and employment resolution facilities.

In cases where a person has escaped before being handed over to vocational training and employment resolution facilities, the Director of the Medical-Correctional-Labor Facility shall be responsible for preparing a record, notifying the police department of the district where of the Medical-Correctional-Labor Facility the office is located, the Head of the Police Department of the district to issue a pursuit decision and organize the delivery of the escaped person to the management, vocational training, and employment resolution facility.

Article 19. Handling cases where a person who has been decided to be placed in vocational training and employment resolution facilities is injured or dies before being handed over to such facilities.

1. In cases where a person who has been decided to be placed in vocational training and employment resolution facilities is injured before being handed over to such facilities, the Center for Treatment - Education - Social Labor must promptly organize medical treatment and complete necessary procedures to resolve the regime according to the provisions set forth in Decree No. 135/2004/NĐ-CP dated June 10, 2004, of the Government stipulating the application regime of the measure of placement in treatment facilities, the operation of treatment facilities under the Administrative Violation Handling Ordinance, and the regime applied to minors and voluntary entrants to treatment facilities.

2. In cases where a person who has been decided to be placed in vocational training and employment resolution facilities dies before being handed over to such facilities, the Director of the Center for Treatment - Education - Social Labor must notify the investigation agency, the People's Procuracy, and the health authority where the rehabilitation facility is located to prepare a record confirming the death, with witnesses present, and may request forensic examination to determine the cause of death, while informing the deceased's relatives about the burial.

3. In cases where the deceased has no relatives or the relatives cannot arrive within 24 hours, the Center for Treatment - Education - Social Labor is responsible for organizing the burial. The costs of forensic examination, burial expenses, and other related expenses shall be paid according to the provisions set forth in Decree No. 135/2004/NĐ-CP dated June 10, 2004, of the Government stipulating the application regime of the measure of placement in treatment facilities, the operation of treatment facilities under the Administrative Violation Handling Ordinance, and the regime applied to minors and voluntary entrants to treatment facilities.

Article 20. Expiration of the term of execution of the decision on placement in vocational training and employment resolution facilities.

1. Ten days before the expiration of the term of execution of the decision for post-rehabilitation individuals, the head of the vocational training and employment resolution facility must inform that person.

2. Upon expiration of the term of execution of the decision, the head of the vocational training and employment resolution facility issues a Certificate of Completion of Post-Rehabilitation Management Measures to that person and sends a copy of the Certificate to the Chairman of the Provincial People's Committee, the Director of the Department of Labor, Invalids and Social Affairs, the People's Committee of the commune where the person resides, and the family of the person for continued management and education.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

REGARDING THE ORGANIZATION AND IMPLEMENTATION OF THE MEASURE OF PLACEMENT IN

MANAGEMENT, VOCATIONAL TRAINING, AND EMPLOYMENT RESOLUTION FACILITIES

Article 21. Responsibilities of the Ministry of Labor - War Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs is responsible for:

1. Directing and guiding the implementation of the measure of placement in vocational training and employment resolution facilities; periodically reporting to the Government on the implementation situation of management, vocational training, and employment resolution measures in provinces and cities.

2. Inspecting and auditing the implementation of regulations on procedures and decision-making authorities regarding the placement of post-rehabilitation individuals in vocational training and employment resolution facilities.

Article 22. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

The Ministry of Public Security is responsible for guiding and directing provincial public security agencies and public security agencies where rehabilitation facilities are located in collecting, reviewing files, supporting protection, and pursuing persons who have escaped while executing the decision on placement in vocational training and employment resolution facilities.

Article 23. Responsibilities of the Ministry of Justice

The Ministry of Justice is responsible for coordinating with relevant ministries and sectors in researching, amending, and supplementing legal provisions guiding the implementation of management, vocational training, and job creation measures for post-rehabilitation individuals.

Article 24. Responsibilities of the provincial people's committee

The provincial people's committee is responsible for:

1. Implementing management, vocational training, and employment resolution for post-rehabilitation individuals according to the approved project by the Prime Minister. Annually organizing a review and evaluation of the implementation situation and reporting to the Government.

2. Establishing regulations to organize and manage the implementation of vocational training and employment resolution for post-rehabilitation individuals according to the approved project by the Prime Minister.

Chapter IV

IMPLEMENTING PROVISIONS

Article 25. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette.

Article 26. Implementation guidance

The Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Finance, the Ministry of Justice, and relevant ministries and sectors within their respective functions, tasks, and powers are responsible for coordinating guidance and inspection of the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city people's committees are responsible for enforcing this Decree./.

Model No. 1

Pursuant to …;

OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Regarding the placement of post-rehabilitation drug users in management,

vocational training and employment resolution facilities

DIRECTOR OF THE DEPARTMENT OF LABOR, INVALIDS AND SOCIAL AFFAIRS...

On the basis of Decree No.       /2004/NĐ-CP dated     June 2004 of the Government stipulating the procedures, formalities, and decision-making authorities for the placement of post-rehabilitation drug users in management, vocational training, and employment resolution facilities;

Considering the proposal of the Director of the Rehabilitation Facility...;

Considering the voluntary request for placement in management, vocational training, and employment resolution facilities of Mr./Ms.: ...,

DECISION:

Article 1. Placing Mr./Ms.: ... in management, vocational training, and employment resolution facilities.

Date of birth: ...

Occupation: ...

Place of permanent residence: ...

Article 2. Within three days from the date of receipt of this Decision, the Rehabilitation Facility ... shall organize the transfer of the named individual in Article 1 to the facility ...

Article 3. The period for placement in a management facility, vocational training, and employment resolution is...months from the date of...month...year...to the end of...month...year...

Article 4. The Heads of the Office of the Department of Labor, Invalids, and Social Affairs..., the Directors of the detoxification facility..., the Director of the facility..., and the persons named in Article 1 are responsible for implementing this Decision./.

Form No. 2

DECISION OF THE CHAIRMAN OF THE PEOPLE'S COMMITTEE...

Regarding the placement of post-rehabilitation drug users in management,

vocational training and employment resolution facilities

CHAIRMAN OF THE PEOPLE'S COMMITTEE...

Pursuant to the Law on Organization of People's Councils and People's Committees dated June 21, 1994;

On the basis of Decree No.       /2004/NĐ-CP dated     June 2004 of the Government stipulating the procedures, formalities, and decision-making authorities for the placement of post-rehabilitation drug users in management, vocational training, and employment resolution facilities;

Considering the proposal of the Director of the Rehabilitation Facility...;

Considering the recommendations of the Advisory Board at the Minutes of the meeting held on...month...year...regarding the examination of placing individuals post-detoxification from drug addiction into a management facility, vocational training, and employment resolution,

DECISION:

Article 1. Placing Mr./Ms.: ... in management, vocational training, and employment resolution facilities.

Date of birth: ...

Occupation: ...

Place of permanent residence: ...

Article 2. Within three days from the date of receipt of this Decision, the Rehabilitation Facility ... shall organize the transfer of the named individual in Article 1 to the facility ...

Article 3. The period for placement in a management facility, vocational training, and employment resolution is...months from the date of...month...year...to the end of...month...year...

Article 4. The Heads of the Office of the People's Council and People's Committee, the Chief of Public Security, the Director of the Department of Labor, Invalids, and Social Affairs..., the Director of the detoxification facility..., the Director of the facility..., and the persons named in Article 1 are responsible for implementing this Decision./.