Joint Circular No. 22/2004/TTLT/BLDTBXH-BCA guiding the implementation of certain provisions of Government Decree No. 135/2004/NĐ-CP dated June 10, 2004 on the regime for applying measures to send individuals to treatment facilities, organizing activities of treatment facilities under the Administrative Violation Handling Ordinance, and the regime for applying such measures to minors and voluntary entrants to treatment facilities.

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 135/2004/NĐ-CP

dated June 10, 2004, of the Government on the System of Applying Measures

for Admission to Medical Facilities and Organizing Activities of Medical Facilities According to

the Ordinance on Handling Administrative Violations and the System of Application for Minors and Voluntary Admissions to Medical Facilities

To unify the implementation of Decree No. 135/2004/NĐ-CP dated June 10, 2004, of the Government on the system of applying measures for admission to medical facilities, organizing activities of medical facilities according to the Ordinance on Handling Administrative Violations and the system of application for minors and voluntary admissions to medical facilities (hereinafter referred to as Decree No. 135/2004/NĐ-CP), following the consensus opinion of the Ministry of Health, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Public Security, the guidelines for implementing certain provisions of the aforementioned decree are as follows:

I. PERSONS ADMITTED TO MEDICAL-CORRECTIONAL LABOR SOCIAL CENTERS

A. GENERAL PROVISIONS

1. The determination of drug addicts and prostitutes admitted for rehabilitation and treatment at medical-correctional labor social centers (hereinafter referred to as Centers) must be carried out in accordance with the provisions of Article 2, Article 23, and Article 24 of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

2. Drug addicts and prostitutes subject to the measure of admission to medical facilities (hereinafter referred to as the measure of admission to Centers) include:

2.1. Drug addicts aged 18 years or older and falling under one of the following circumstances:

a. Individuals who have been administratively punished for using illegal drugs but still remain addicted;

b. Individuals who have undergone family or community detoxification but still remain addicted;

c. Individuals who have undergone village, town, or ward education but still remain addicted.

2.2. Prostitutes aged 16 years or older but under 55 years and falling under one of the following circumstances:

a. Individuals who have previously been subjected to the measure of admission to Centers but have recidivated;

b. Individuals who have undergone village, town, or ward education but have recidivated.

3. Drug addicts aged 12 years or older but under 18 years old who are compulsorily detoxified at Centers include:

3.1. Individuals who have undergone family or community detoxification but still remain addicted;

3.2. Individuals who have undergone village, town, or ward education two or more times but still remain addicted.

4. Drug addicts and prostitutes voluntarily requesting admission for detoxification and treatment at Centers.

1. Persons who continue to use drugs and fall under Clause 2.1, Point 2 and Clause 3, Section I, Part A are understood as individuals caught using illegal drugs or whose body tests positive for drug presence.

II. DEFINITIONS

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

1.1. Caught in the act of using illegal drugs;

1.2. Body test results show positive for drug presence.

2. Prostitutes who have recidivated and fall under Clause 2.2, Point 2, Section I, Part A are understood as individuals currently serving or having completed educational measures at village, town, or ward level or having completed the measure of admission to Centers but not yet considered free from administrative violation if they continue to engage in prostitution.

3. Individuals who have undergone family or community detoxification refer to those detoxified according to Circular No. 01/2003/TTLT-BLĐTBXH-BYT-BCA dated January 24, 2003, of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Public Security on guiding the implementation of certain provisions of Decree No. 56/2002/NĐ-CP dated May 15, 2002, of the Government on organizing detoxification at home and in the community.

4. Drug addicts and prostitutes who have undergone village, town, or ward education and have recidivated fall under one of the following circumstances:

4.1. Individuals currently undergoing educational measures at village, town, or ward level as stipulated in Points c or d, Clause 1, Article 3 of Decree No. 163/2003/NĐ-CP dated December 19, 2003, of the Government detailing the implementation of educational measures at village, town, or ward level (hereinafter referred to as Decree No. 163/2003/NĐ-CP) and still remain addicted or engage in prostitution;

4.2. Individuals who have completed educational measures at village, town, or ward level as stipulated in Points c or d, Clause 1, Article 3 of Decree No. 163/2003/NĐ-CP but have not yet reached the period considered free from administrative violation and still remain addicted or engage in prostitution.

5. Individuals showing significant progress in compliance with the law during suspension or temporary cessation are those who sincerely repent, actively work and study, participate positively in local community movements, strictly comply with the Party's policies and state laws, and are confirmed by the Chairman of the People's Committee from village, town, or ward level (hereinafter referred to as Village People's Committee).

6. Individuals showing significant progress in education and treatment at Centers are those who actively work, study, and treat, strictly comply with the internal regulations of Centers, and are confirmed by the Director of the Center.

7. Individuals who have made meritorious contributions during suspension or temporary cessation of execution of decisions are those who report serious crimes; save another person's life; save state, collective, or individual property valued at five million dong or more; are confirmed by the Village People's Committee where they reside or where they made contributions; have outstanding achievements in mass movements for national security protection and are recognized with commendation certificates from the Chairman of the District People's Committee; have valuable technical improvements in production and are recognized by provincial-level authorities or higher.

8. Individuals who have made meritorious contributions during education and treatment at Centers are those who report serious crimes; assist investigative agencies in discovering and preventing crimes, escapes from Centers, and attacks against Centers; save another person's life; save state or collective property valued at five million dong or more and are rewarded in writing by the Center Director; have valuable technical improvements in production and are recognized by provincial-level authorities or higher.

8. A person who has rendered meritorious service during their time at the Center is one who reports very serious or especially serious criminal acts; assists investigative agencies in detecting and preventing crimes, acts of escaping from the Center, opposing, and disrupting the Center; saves another person's life; saves state or collective property valued at five million dong or more and is commended in writing by the Director of the Center; proposes significant technical improvements in labor and production that are recognized by competent authorities at the provincial level or higher.

9. A seriously ill person is someone who is in a state of severe illness to the extent that they are no longer capable of normal work and daily activities, or is in a life-threatening condition, and according to the doctor's prescription must be treated for a certain period of time before recovery can occur.

10. A person suffering from a terminal illness is someone who is currently afflicted with one of the life-threatening diseases such as cancer, polio, cirrhosis with ascites, leprosy, severe tuberculosis, HIV/AIDS, and other diseases designated by the Ministry of Health as terminal illnesses.

III. TIME LIMIT FOR APPLYING MEASURES TO BE SENT TO THE CENTER AND THE TIME LIMIT FOR IMPLEMENTATION OF DECISIONS

1. The time limit for applying the measure of sending individuals to the Center is six months, counted from the last date of committing the violation as stipulated in Article 2 of Decree No. 135/2004/NĐ-CP and detailed in Clause 2, Section I, Part A of this Circular. If, three months after the last date of committing the violation, the violator does not engage in illegal drug use or prostitution, then the measure of sending them to the Center will not be applied.

2. The decision to send drug addicts and prostitutes to the Center shall expire one year after the date of issuance. In cases where the individual subject to the measure of being sent to the Center deliberately evades the execution of the decision, the aforementioned time limit shall be recalculated from the moment the evasion ends, meaning from when the individual voluntarily appears at the police station or local authority where they reside or where they received the decision to be sent to the Center, or is found.

B. PROCEDURES FOR SENDING DRUG ADDICTS AND PROSTITUTES TO THE CENTER

I. PROCEDURES FOR SENDING DRUG ADDICTS AND PROSTITUTES SUBJECT TO THE MEASURE OF BEING SENT TO THE CENTER

1. Establishing the file to propose sending individuals to the Center

1.1. The Police Station of the commune, ward, town (hereinafter referred to as the Police Station of the commune) is responsible for assisting the Chairman of the People's Committee of the commune in collecting materials and establishing the file to propose applying the measure of sending drug addicts and prostitutes to the Center.

1.2. The file proposing to send drug addicts and prostitutes with a fixed place of residence to the Center includes:

a. A summary of the offender's criminal record;

b. Materials on violations of the law and measures taken for rehabilitation and education. This includes materials proving drug addiction and prostitution as defined in Clause 2, Section I, Part A of this Circular.

c. Comments from the Police Station of the commune;

d. Opinions of the Vietnam Fatherland Front Committee of the commune, ward, town (hereinafter referred to as the Vietnam Fatherland Front Committee of the commune) and member organizations of the Vietnam Fatherland Front Committee of the commune to which the individual belongs;

đ. Medical records (if available);

e. Report proposing to send the individual to the Center by the Chairman of the People's Committee of the commune;

g. Temporary detention order (if applicable).

1.3. The Police Station of the commune is responsible for soliciting opinions from the Vietnam Fatherland Front Committee of the commune and member organizations of the Vietnam Fatherland Front Committee of the commune to which the individual belongs. Depending on specific circumstances, opinions may be solicited through written documents or by organizing meetings. Written participation opinions from these organizations must be signed by representatives, with full names, positions, and seals (if the organization has a seal). In cases where meetings are organized to solicit opinions, the opinions must be fully recorded in the meeting minutes.

Opinions from the Vietnam Fatherland Front Committee of the commune and member organizations of the Vietnam Fatherland Front Committee of the commune must be considered and referenced by the Chairman of the People's Committee of the commune during the process of examining and deciding to establish the file to propose the Chairman of the People's Committee of the district to send drug addicts and prostitutes to compulsory rehabilitation and treatment centers.

1.4. In cases where drug addicts or prostitutes are still addicted to drugs or engaging in prostitution while serving a community-based education decision, the Police Station of the commune prepares a document requesting the Chairman of the People's Committee of the commune to issue a decision to suspend the implementation of the community-based education decision and establish a file to propose sending them to the Center. The decision to suspend the application of the community-based education measure is kept in the file proposing to send the individual to the Center.

1.5. In cases where the Public Security Office of the district is handling files to send individuals to educational institutions under Decree No. 142/2003/NĐ-CP dated November 24, 2003 of the Government on administrative measures to send individuals to educational institutions, or where the Public Security Office of the district or province is handling files to send individuals to educational facilities under Decree No. 76/2003/NĐ-CP dated June 27, 2003 of the Government and its detailed guidance, and discovers that the individual is addicted to drugs or engages in prostitution, the Public Security Office handling the case transfers the entire file to the Chairman of the People's Committee of the district where the individual resides to proceed with the procedures to send them to the Center.

1.6. Based on the content of the file proposing to send drug addicts and prostitutes to the Center established by the Police Station of the commune, the Chairman of the People's Committee of the commune examines and prepares a report to submit to the Chairman of the People's Committee of the district.

2. Advisory Board for Sending Individuals to the Center

2.1. The Chairman of the People's Committee of the district establishes the Advisory Board in accordance with Article 11 of Decree No. 135/2004/NĐ-CP to examine and approve the file proposing to send drug addicts and prostitutes to the Center. The composition of the Advisory Board includes:

a) Head of the Department of Labor, Invalids, and Social Affairs of the district - Permanent Member of the Advisory Board;

b) Head of the Justice Department of the district - Member;

c) Chief of the Police Station of the district - Member;

d) Chairwoman of the Women's Union of the district - Member.

In cases where the individual to be sent to the Center is a minor, the Director of the Committee for Population, Family, and Children of the district may be invited to participate in the Advisory Board meeting as a member of the Advisory Board.

2.2. The Permanent Member of the Advisory Board is responsible for:

a) Coordinate with the Head of the County Police to review the file, collect evidence, complete the file to submit for the Advisory Council's examination, and propose that drug addicts and prostitutes be admitted to the Center;

b) Prepare the agenda for the meeting and at least seven days before the Advisory Council convenes, send out invitations and copies of the files for examination to the members of the Advisory Council;

c) Complete the minutes of the Advisory Council's meeting and prepare a report to submit to the Chairman of the People's Committee of the county;

2.3. Within seven days from the date of receiving the file, the Advisory Council shall be responsible for completing the examination of the file.

The Advisory Council operates under a collective system, examining and voting on each specific case individually, concluding based on the majority opinion. In the event of a tie vote, the opinion of the Standing Body of the Advisory Council shall be decisive, but prior to making a decision, discussions should be held with the Head of the County Police.

The minutes of the Advisory Council's meeting must clearly record the statements made by each participant and be attached to the report submitted to the Chairman of the People's Committee of the county.

3. Decision to Admit Individuals to the Center

3.1. The Chairman of the People's Committee of the county shall examine and decide on the admission of individuals to compulsory detoxification and treatment at the Center within five days from the date of receipt of the report and the minutes of the Advisory Council's meeting.

3.2. The decision shall be sent to the individual subject to the measure of admission to the Center, their family, the Department of Labor - Invalids and Social Affairs, the police agency, the People's Council of the county, and the People's Committee of the commune where the individual resides.

In cases where the individual admitted to the Center is a minor, the decision to admit to the Center shall be sent to the parents or guardian of the individual.

4. Management and Supervision of Individuals Who Have Been Decided to Be Admitted to the Center

4.1. Upon receipt of the decision to admit drug addicts and prostitutes to the Center, the Chairman of the People's Committee of the commune shall direct the local police to compile a list and develop a management and supervision plan for individuals residing in the commune, ward, or town who have been decided to be admitted to the Center to ensure the implementation of the decision to admit individuals to the Center.

4.2. For cases where drug addicts and prostitutes have a decision to be admitted to the Center but are currently under administrative bail as stipulated in Articles 16 and 17 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and Article 14 of Decree No. 135/2004/NĐ-CP, the administrative bail decision remains valid until the time when the drug addict or prostitute is admitted to the Center.

5. Enforcement of the Decision to Admit Individuals to the Center

5.1. Within five days from the date of issuance of the decision, the county-level police agency shall be responsible for admitting individuals required to comply with the decision to the Center. The decision to admit individuals to the Center by the Chairman of the People's Committee of the county must be strictly enforced. Individuals who have received a decision to be admitted to the Center by the Chairman of the People's Committee of the county may not be transferred to voluntarily request admission to the Center.

5.2. The enforcement of the decision to admit drug addicts and prostitutes to the Center must be documented in a record; the record must be prepared in two copies (one copy retained by the county-level police agency, one copy attached to the file for admitting the individual to the Center).

5.3. When announcing the decision to admit drug addicts and prostitutes to the Center, if the individual or their parents or guardian requests a postponement or exemption from compliance with the decision, the county-level police agency must immediately consider it. If there are sufficient conditions for a postponement or exemption according to Article 18 of Decree No. 135/2004/NĐ-CP and the guidance provided in Clause 8, Section I, Part B of this Circular, the police agency will guide them through the procedures; simultaneously, they must immediately report to the Chairman of the People's Committee of the county that issued the decision to admit the individual to the Center and inform the head of the Department of Labor - Invalids and Social Affairs of the county about their responsibilities as stipulated in Article 18 of Decree No. 135/2004/NĐ-CP.

5.4. Individuals required to comply with the decision to be admitted to the Center or those arrested pursuant to a decision to search for, if they do not voluntarily comply or engage in resistance, may be restrained, escorted, or other coercive measures may be applied as prescribed by law to compel them to comply with the decision. If the resistance behavior constitutes a criminal offense as defined in the Penal Code, they will be criminally prosecuted according to the provisions of criminal law.

5.5. The period of compliance with the decision to be admitted to the Center is calculated from the day the individual required to comply with the decision is taken to the Center by the police agency, meaning from the day the drug addict or prostitute is taken out of their home by the police agency to comply with the decision to be admitted to the Center.

5.6. The cost of admitting drug addicts and prostitutes to the Center shall be sourced from the annual anti-drug and prostitution prevention budget of the locality.

6. Procedures for Accepting Drug Addicts and Prostitutes to Comply with the Decision for Detoxification and Treatment at the Center

When accepting drug addicts and prostitutes into the Center, the Center must implement the following procedures:

6.1. Check the file of the drug addict or prostitute being admitted to the Center. The file includes: the application for admission to the Center as prescribed in Point 1.2, Clause 1, Section I, Part B of this Circular and the decision to admit the individual to the Center by the Chairman of the People's Committee of the county;

6.2. Compare the file of the individual being admitted to the Center with their Identity Card;

6.3. The Center's health department shall conduct a health check-up for the individual upon admission to determine their current health status and any illnesses;

6.4. Representatives of the county-level police agency and the Center shall prepare a handover record for the file and the individual complying with the decision for detoxification and treatment, clearly stating the documents contained in the file, the current health status of the individual being handed over, personal belongings and items carried. The handover record shall be prepared in two copies, one for each party involved.

7. Search and Arrest of Individuals Who Have Been Decided to Be Admitted to the Center but Have Fled

7.l. The pursuit and arrest of individuals who have been decided to be admitted to the Center for Evading shall be carried out in accordance with the provisions of Article 19 of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

7.2. In cases where individuals who have been decided to be admitted to the Center for Evading before being admitted to the Center, the Chairman of the People's Committee of the commune shall immediately report to the Chairman of the People's Committee of the district to direct the police agency at the same level to issue a decision on pursuit.

7.3. In cases where individuals who have been decided to evade while being escorted, the Head of the Police Department of the county where the file was established and examined shall issue a decision on pursuit.

7.4. In cases where individuals are currently implementing the decision to be admitted to the Center for Evading, the Director of the Center shall prepare a record, issue a decision on pursuit, and notify the People's Committee of the commune where the individual resides and the police agency at the county level where the file was established and examined to facilitate the pursuit and arrest of evaders. The People's Committee of the district where the Center is located shall be responsible for directing the police agency at the county level to cooperate with the Center in the pursuit and organize the return of evaders to the Center. The time spent evading from the Center shall not be counted towards the implementation period of the decision.

7.5. Individuals, families, agencies, organizations discovering individuals who have been admitted to the Center evading shall have the responsibility to immediately report to the nearest police agency or People's Committee. When capturing an evader or receiving an evader transferred, the police agency or People's Committee where the capture took place shall prepare a record and notify the agency that issued the decision on pursuit to receive the evader.

7.6. Upon receipt of the notification, the agency that issued the decision on pursuit shall send someone immediately to the temporary detention location to receive the person. The handover of the captured person must be recorded according to the legal regulations.

7.7. The funds used for the work of pursuing evaders shall be taken from the annual anti-drug and prostitution prevention funds of the locality.

8. Suspension or Exemption from Implementing the Decision to Admit to the Center

8.1. The Chairman of the People's Committee of the district shall consider and decide whether drug addicts and prostitutes may suspend or be exempted from implementing the decision to admit to the Center based on the conditions for suspension or exemption stipulated in Article 18 of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular. In cases where one of the conditions for suspension or exemption needs to be verified, the Chairman of the People's Committee of the district shall assign the head of the Labor, Invalids, and Social Affairs department at the county level to cooperate with the Head of the Police Department at the county level to examine each specific case regarding the request for suspension or exemption before making a decision.

8.2. Drug addicts and prostitutes who have been decided to be admitted to the Center but have not yet come to implement the decision may be suspended from implementing the decision if they fall into one of the following situations:

a) Seriously ill with certification from a hospital or health center at the county level or higher;

b) Pregnant women with certification from a hospital or health center at the county level or higher, or women nursing children under thirty-six months old, with a request confirmed by the People's Committee of the commune where they reside or where their illegal acts were discovered.

When the condition for suspension no longer exists, those suspended from implementing the decision to be admitted to the Center must voluntarily go to the Police Department at the county level to be taken to implement the decision; if they do not comply voluntarily, they will be forcibly implemented according to the provisions of Point 5.4 Clause 5 Section I Part B of this Circular. Police agencies at all levels shall be responsible for assisting the People's Committees at the same level in checking and supervising those suspended from implementing the decision; when the condition for suspension no longer exists, the Police Department at the county level shall be responsible for taking them to the Center to implement the decision.

8.3. Drug addicts and prostitutes who have been decided to be admitted to the Center but have not yet come to implement the decision at the Center may be exempted from implementing the decision if they fall into one of the following situations:

a) Suffering from a serious illness and having certification from a hospital or health center at the county level or higher;

b) During the suspension period, showing significant progress in complying with state laws or performing meritorious deeds recognized by the People's Committee of the commune where they reside or where they performed the deed. For those currently suspended from implementing the decision to be admitted to the Center, they can only be considered for exemption after completing at least half of the suspension period specified in the decision. In the case of performing meritorious deeds, they can be considered for early exemption.

9. Reduction of Time or Exemption from Remaining Time at the Center for Those Performing Meritorious Deeds or Showing Significant Progress

9.1. Monthly, the Center organizes for teams and squads where prostitutes and drug addicts are undergoing rehabilitation and treatment to evaluate their labor, study, and treatment results through secret ballot within each team and squad. Based on the evaluation results, management staff of the teams and squads shall record and comment on each case and keep it in the file of individuals currently implementing the decision at the Center.

9.2. Drug addicts and prostitutes who have been subjected to the measure of admission to the Center and have completed half of the term specified in the decision, if they perform meritorious deeds or show significant progress in education and treatment, may be considered for a reduction of one to four months or exemption from the remaining time of the decision. During the implementation period of the decision, each person can only be reduced once.

9.3. The process of considering a reduction or exemption from the remaining time of the decision at the Center shall be conducted through the Council for Reducing Time or Exempting Remaining Time at the Center (hereinafter referred to as the Council), meeting every three months.

9.4. The Council consists of: The Director or Deputy Director of the Center as the Chairperson and members being the Heads of specialized departments of the Center.

9.5. Based on the internal regulations and rules of the Center, the results of monthly reviews and assessments at teams and squads, and the achievements of individuals executing the decision, the Council examines and votes on each specific case, concluding according to the majority opinion. In cases where the number of votes is equal, the opinion of the Chairman of the Council shall be decisive.

The Director of the Center, based on the results of the Council's meeting, prepares a document requesting the Chairman of the People's Committee of the district to consider and decide on reducing the duration or exempting from executing the remaining time at the Center.

The file for considering reduction or exemption from executing the remaining time of individuals executing the decision at the Center, sent to the Chairman of the People's Committee of the district that issued the decision to bring the person into the Center, includes: Minutes of the Council meeting, the request document of the Center Director, list of individuals considered for reduction or exemption, and other related documents.

9.6. Within seven days from the date of receipt of the file requesting consideration of reduction or exemption from the Center Director, the Chairman of the People's Committee of the district that issued the decision to bring the person into the Center shall examine and decide on reducing the duration or exempting from executing the remaining time at the Center for those proposed for reduction or exemption.

The decision to reduce the duration or exempt from executing the remaining time at the Center shall be sent to the Center and the individual whose duration has been reduced or who has been exempted from executing the remaining time at the Center.

9.7. If an individual proposed for reduction of duration or exemption from executing the remaining time at the Center commits a violation of the law or seriously violates the internal regulations and rules of the Center during the waiting period for the competent authority to consider and decide on reduction or exemption, the Center Director is responsible for convening the Council, preparing a document to send to the Chairman of the People's Committee of the district proposing to remove that person from the list of those considered for reduction or exemption. If there is already a decision on reduction or exemption but it has not yet been implemented, the Chairman of the People's Committee of the district shall be requested to revoke the decision.

10. Suspension of execution of the decision or exemption from executing the remaining time at the Center for individuals suffering from serious illness, pregnant women, and individuals with severe diseases.

10.1. Individuals addicted to drugs or engaged in prostitution who are executing the decision to be placed in the Center and suffer from serious illness may have their execution of the decision temporarily suspended to return home for treatment. The Center Director establishes a file requesting the temporary suspension of the execution of the decision and sends it to the Chairman of the People's Committee of the district that issued the decision to place the individual in the Center for examination and decision. The request file includes:

a) A certificate from a hospital or health center at the district level or higher confirming that the individual is suffering from a serious illness as specified in Clause 9, Section II, Part A of this Circular;

b) A document requesting the temporary suspension of the execution of the decision by the Center Director.

The time of temporary suspension of the execution of the decision counts towards the duration of the execution of the decision. If, after recovery, the remaining execution period is three months or more, the individual must continue to execute the remaining time.

10.2. Individuals addicted to drugs or engaged in prostitution who are executing the decision to be placed in the Center and are pregnant may have their execution of the decision temporarily suspended until the child is thirty-six months old. The Center Director establishes a file requesting the temporary suspension of the execution of the decision and sends it to the Chairman of the People's Committee of the district that issued the decision to place the individual in the Center for examination and decision. The request file includes:

a) A certificate from a hospital or health center at the district level or higher confirming that the individual is pregnant;

b) A document requesting the temporary suspension of the execution of the decision by the Center Director.

The time of temporary suspension does not count towards the execution period. If, during the period of temporary suspension, the individual shows clear progress or performs meritorious acts confirmed by the People's Committee of the commune where the individual resides or where the act was performed, the Center Director establishes a file requesting exemption from executing the remaining time.

10.3. Individuals addicted to drugs or engaged in prostitution who are executing the decision to be placed in the Center and suffer from a severe disease are exempted from executing the remaining time. The Center Director establishes a file requesting exemption from executing the remaining time and sends it to the Chairman of the People's Committee of the district that issued the decision to place the individual in the Center for examination and decision. The request file includes:

a) A certificate from a hospital or health center at the district level or higher confirming that the individual suffers from one of the severe diseases as specified in Clause 10, Section II, Part A of this Circular;

b) A document requesting exemption from executing the remaining time by the Center Director.

10.4. Within seven days from the date of receipt of the file requested by the Center Director, the Chairman of the People's Committee of the district that issued the decision to place drug addicts or prostitutes in the Center shall examine and decide on the temporary suspension of the execution of the decision or exemption from executing the remaining time for the cases specified in Points 10.1, 10.2, and 10.3 of this clause.

The decision on temporary suspension or exemption from executing the remaining time at the Center shall be sent to the Center, the individual temporarily suspended or exempted from executing the remaining time at the Center, and the People's Committee of the commune where the individual resides for monitoring and management.

10.5. At the latest within ten days from the date of returning to the place of residence, individuals temporarily suspended from executing the decision to be placed in the Center or exempted from executing the remaining time must report to the People's Committee of the commune and the police station of the same level where they reside. In cases of serious illness or severe disease where the individual cannot report in person, relatives of the individual must report to the People's Committee of the commune and the police station of the same level.

When the temporary suspension period ends, individuals subject to the decision to be placed in the Center must voluntarily go to the county-level public security agency to be taken to execute the decision; if they do not comply voluntarily, they will be forcibly executed according to the provisions of Point 5.4, Clause 5, Section I, Part B of this Circular.

10.6. In case a drug addict or prostitute who is temporarily suspended from implementing the decision under Points 10.1 and 10.2 of this Clause dies, their family must immediately report to the People's Committee of the commune and the Center (attached with a copy of the Death Certificate confirmed by the People's Committee of the commune). The Director of the Center shall report to the People's Committee of the district that issued the decision to admit such person to the Center to remove their name from the list of persons undergoing rehabilitation and treatment at the Center.

11. Temporarily removing a person implementing the decision from the Center upon request of criminal proceedings authorities

11.1. The temporary removal of a person implementing the decision from the Center for investigative and trial purposes shall be carried out when there is a written request from the competent criminal proceedings authority. The written request for temporarily removing a person from the Center must clearly state the full name, date of birth, ID card number, place of origin of the individual to be temporarily removed from the Center, the reason and duration of the request to remove them from the Center. If the request comes from the Prosecutor's Office or Court, it must also include a letter requesting from the same-level Public Security agency.

11.2. Upon receiving the written request from the competent criminal proceedings authority, the Director of the Center shall issue a decision to temporarily remove a person implementing the decision from the Center to participate in litigation related to that person and hand over to the Public Security officer to receive the person. The Public Security officer receiving the person must present a Police Officer Identification Card or National Security Officer Identification Card and an introduction letter from a Public Security agency at the district level or higher.

11.3. The handover of a person temporarily removed from the Center to participate in litigation shall be recorded in a protocol and made in two copies, each party keeping one copy and must be kept in the Center's tracking logbook. The period during which a person implementing the decision is temporarily removed from the Center for investigative and trial purposes shall be counted towards the time spent implementing the decision at the Center.

11.4. When the term of the Director's decision on temporarily removing a person from the Center for investigative and trial purposes expires, the authority that requested the temporary removal of the person from the Center shall be responsible for returning the person to the Center. If an extension of the time is required, the head of the criminal proceedings authority that requested the removal of the person for investigative and trial purposes must submit a written request to the Center Director to extend the time for temporarily removing the person for investigative and trial purposes.

12. Expiration of the term of the decision to admit into the Center

12.1. Ten days before the expiration of the term of a drug addict or prostitute implementing the decision, the Center Director shall carry out procedures to prepare for their return to the community, including:

a. Notifying the drug addict or prostitute whose term is about to expire;

b. Sending a notification to the family of the person implementing the decision regarding the expiration of the implementation term;

c. Resolving the subsistence allowance according to the provisions of the law.

12.2. Upon expiration of the term of the decision, the Center Director shall issue a Certificate of Completion of Decision Implementation and send a copy of the Certificate to the Director of the Department of Labor, Invalids and Social Affairs, the Labor, Invalids and Social Affairs agency, the Chairman of the People's Committee of the district that issued the decision, the People's Committee of the commune where the person resides, and their family for continued management and education.

12.3. A person who has completed the decision to be admitted into the Center shall be returned their belongings, personal effects, and items previously deposited at the Center (if any), and must return any equipment, tools, and items borrowed for work, study, and daily life. If lost or damaged, compensation is required.

12.4. Within ten days from the date of issuance of the Certificate of Completion of Decision Implementation, a person who has completed the decision to be admitted into the Center must report to the People's Committee of the commune and the Public Security agency at the same level where they reside.

II. PROCEDURES FOR ADMITTING A MINOR DRUG ADDICT INTO MANDATORY REHABILITATION AT THE CENTER

1. The procedures for establishing files to admit a minor drug addict into mandatory rehabilitation at the Center shall be implemented in accordance with Articles 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Section I Chapter II of Decree No. 135/2004/ND-CP and guided by Clauses 1, 2, 3, 4, 5, and 6 of Section I Part B of this Circular.

2. The file proposing to admit a minor drug addict into mandatory rehabilitation at the Center includes:

2.1. A summary of the background of the minor drug addict;

2.2. Measures for rehabilitation and education that have been applied;

2.3. Positive test results for drugs in the body;

2.4. Comments from the Public Security agency of the commune;

2.5. Opinions of the Vietnam Fatherland Front Committee of the commune and its member organizations to which the person belongs;

2.6. Medical records (if any).

3. Decision to admit a minor drug addict into the Center:

3.1. Within five days from the date of receipt of the advisory council's written proposal, the Chairman of the People's Committee of the district shall consider and decide on admitting a minor drug addict into the Center. The decision to admit a minor drug addict into the Center is not a decision on administrative violation handling.

3.2. The decision shall be sent to the person being admitted to the Center, their parents or guardians, the Labor, Invalids and Social Affairs agency, the Public Security agency, the People's Council of the district, and the People's Committee of the commune where the person resides.

4. Procedures for accepting a minor drug addict into mandatory rehabilitation at the Center are as follows:

4.1. Checking the file for admitting a minor drug addict into mandatory rehabilitation. The file includes: the file proposing admission to the Center as stipulated in Clause 2 of Section II Part B of this Circular and the decision to admit a minor drug addict into the Center by the Chairman of the People's Committee of the district;

4.2. Comparing the file of the person not yet admitted to the Center with their Identity Card (if available);

4.3. The Health Agency of the Center conducts a health examination for new arrivals at the Center to determine their health status and any illnesses upon admission;

4.4. Representatives from the County Police Agency and the Center prepare a handover record for the files and individuals subject to rehabilitation and treatment decisions, clearly stating the contents of the file, the current health condition of the person being handed over or received, personal belongings carried along. The handover record is made in two copies, with each party retaining one copy.

III. PROCEDURES FOR ADMITTING VOLUNTARY DRUG ADDICTS AND PROSTITUTES INTO REHABILITATION AND TREATMENT AT THE CENTER

1. The procedures for establishing files for admitting voluntary drug addicts and prostitutes into rehabilitation and treatment at the Center shall be implemented in accordance with Articles 26, 27, 28, and 29 of Section I, Chapter II of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

2. The review and admission file for voluntary drug addicts and prostitutes entering rehabilitation and treatment at the Center includes:

2.1. An application form from the individual voluntarily requesting admission to the Center, confirmed by the People's Committee of the commune. The application should detail the reasons for requesting admission, the addiction status, and any previous rehabilitation, education, and treatment measures taken if applicable; and commitments to rehabilitation and treatment by the individual or their parents, spouse, adult children, siblings, or guardian (if underaged);

2.2. A copy of the Identity Card (if available) or Household Registration Book or long-term residence certificate (accompanied by the original for verification);

2.3. Positive test results for drug substances in the body (for drug addicts);

3. Within seven days from the date of receipt of the file of voluntary drug addicts and prostitutes requesting admission to rehabilitation and treatment at the Center, the Director of the Center shall, based on the Center’s capacity, conduct a review and approve the file and issue an admission decision.

The admission decision for voluntary drug addicts and prostitutes admitted to the Center for rehabilitation and treatment shall be sent to the individual, their parents, spouse, siblings, or guardian (if underaged), and the People's Committee of the commune where they reside.

4. In cases where the review of the file reveals that the individual voluntarily requesting admission to rehabilitation and treatment at the Center is currently being processed by the police for educational institutions, correctional schools, or is a fugitive criminal, the Center Director will refuse admission and immediately inform the nearest police agency. If the Center Director has already issued an admission decision and then discovers such circumstances, the decision will be revoked.

5. The minimum duration of treatment and rehabilitation for voluntary admissions to the Center is six months for drug addicts and three months for prostitutes.

6. Based on the admission decision of the Center Director, the Center organizes the admission of voluntary drug addicts and prostitutes for rehabilitation and treatment:

6.1. Admission staff check and verify the identity of the individual voluntarily requesting admission against the admission decision and file;

6.2. The Center’s Health Agency conducts a health examination and establishes a medical record to determine the health status and any illnesses upon admission;

6.3. Representatives from the Center and the individual voluntarily entering rehabilitation and treatment prepare an admission record detailing the current health status of the individual; personal belongings carried along. The admission record is prepared in two copies, with each party retaining one copy.

In cases where the individual admitted to the Center is underage, their parents or guardian are responsible for handling the transfer procedures for the individual voluntarily entering the Center for rehabilitation and treatment.

7. Upon completion of the voluntary rehabilitation and treatment period at the Center according to the Director's admission decision, the Director issues a Certificate confirming the completion of the voluntary rehabilitation and treatment period at the Center to the individual and sends a copy of the Certificate to the People's Committee of the commune where they reside and their family.

8. In cases where the family of a voluntary participant in rehabilitation and treatment is experiencing special difficulties, and they have submitted a request confirmed by the Chairman of the People's Committee of the commune where they reside, they may be released early by six months for drug addicts and three months for prostitutes. The Center Director issues a Certificate confirming the time spent in voluntary rehabilitation and treatment at the Center and sends a copy to the People's Committee of the commune where they reside and their family.

Special difficulties for families include situations where the family of a voluntary participant in rehabilitation and treatment has been affected by natural disasters or major fires; has a close relative seriously ill or suffering from a critical illness or severe accident, leaving no other person to maintain the family's livelihood, address the aftermath of natural disasters or fires, or care for the sick or injured.

C. APPLICATION OF COMPULSORY MEASURES AND COOPERATION TO ENSURE SECURITY AND ORDER AT THE CENTER

I. APPLICATION OF COMPULSORY MEASURES

1. The application of compulsory measures to ensure security and order at the Center shall be implemented in accordance with Article 57 and Article 58 of Chapter IV of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

2. The Center Director decides on the application of compulsory measures against drug addicts and prostitutes who violate regulations. In the absence of the Director, the Director authorizes in writing one Deputy Director to make such decisions.

3. The Center Director decides on the application of compulsory measures against drug addicts and prostitutes undergoing rehabilitation and treatment at the Center when they commit any of the following violations:

3.1. Failure to comply with the Center's regulations on education, labor, treatment, and recovery;

3.2. Causing disturbances and affecting the security and order at the Center;

3.3. Resisting law enforcement officers;

3.4. Assaulting the health, dignity, and reputation of others.

3.5. Damaging the property of the Center or others.

4. Compulsory measures to prevent violations include the use of support tools and other operational measures as prescribed by law, or the application of one of the disciplinary forms prescribed in Section II Part C of this Circular.

5. When a violation occurs as stipulated in Clause 3 above, the Center must implement explanatory and persuasive measures to convince the violator to voluntarily cease the violation. In cases where the violator continues to commit the violation, the Center Director decides to use support tools and other operational measures as prescribed by law, or apply one of the disciplinary forms prescribed in Section II Part C of this Circular to prevent and stop the violation.

6. After applying compulsory measures to prevent and stop the violation, the Center shall record the violation in a report and file it in the violator's dossier. If the violator, witness, or victim refuses to sign the violation report, the officer recording the report must clearly state the reason in the report.

7. In cases where the violation indicates a criminal offense as defined in the Penal Code, the Center has the responsibility to immediately report to the competent investigative authorities as prescribed by criminal procedure laws.

8. The management and provision of support tools for Center staff and their use must comply with the regulations on the management of weapons and support tools as prescribed by law.

II. DISCIPLINARY MEASURES

1. The application of disciplinary measures is carried out according to Article 70, Chapter VI of Decree No. 135/2004/NĐ-CP and the guidance provided in this Circular.

2. The Center Director examines and decides to apply disciplinary measures against drug addicts and prostitutes undergoing treatment at the Center when they violate internal rules of the Center or commit violations as prescribed in Clause 3 Section I Part C of this Circular.

3. Disciplinary measures applied to drug addicts and prostitutes undergoing treatment at the Center when committing violations as prescribed in Clause 2 above include criticism, warning, and education in the disciplinary room.

3.1. Criticism: is applied to those who commit a first-time violation at a light level or due to unintentional error.

3.2. Warning: is applied to those who repeatedly commit violations or reoffend but do not fall under the circumstances requiring the application of educational measures in the disciplinary room.

3.3. Education in the disciplinary room: is applied to those who commit serious violations of the Center's internal rules such as harming others' health; causing disturbances affecting the security and order of the Center; resisting law enforcement officers; committing organized violations.

4. The Center Director decides to apply disciplinary measures based on the nature and severity of the violations committed by drug addicts and prostitutes undergoing treatment at the Center. In the absence of the Director, the Director authorizes in writing a Deputy Director to make the decision.

5. The Center Director decides to establish a Disciplinary Committee to consider and decide on disciplinary measures.

5.1. The Disciplinary Committee consists of the Center Director as Chairman and members being Heads of specialized departments of the Center. The Committee works collectively, examining and voting on each specific case, concluding by majority rule. In cases of equal votes, the opinion of the Chairman of the Disciplinary Committee is decisive.

5.2. Based on the self-criticism report about the violation presented by the violator, members of the Disciplinary Committee provide opinions and propose disciplinary measures. The maximum duration of education in the disciplinary room is seven days.

5.3. For violations indicating criminal offenses as prescribed in the Penal Code, the Center has the responsibility to immediately report to the investigative authority and proceed with criminal proceedings.

III. COOPERATION IN SECURING AND MAINTAINING SECURITY AND ORDER AT THE CENTER

1. Upon the proposal of the Department of Labor, Invalids and Social Affairs, the provincial police organizes training and guides protective and security operations for Center staff.

2. In cases of complex situations regarding security and order that Center staff cannot handle or stabilize, or due to requirements to stabilize the situation, the Center requests police support to maintain security and order until the situation is stabilized.

3. The Center Director reports to the Department of Labor, Invalids and Social Affairs about the need to dispatch police officers to support the Center's protection. Based on a written request from the Department of Labor, Invalids and Social Affairs, the provincial police chief considers and decides on the dispatch of personnel from the sector to support and cooperate in protecting the Center.

In urgent cases requiring immediate stabilization of the situation and ensuring security and order at the Center, the Center Director informs the local government and the police station where the Center is located to coordinate in resolving the issue. The local government and the police have the responsibility to respond to the request and take timely measures to coordinate and support to ensure security and order at the Center.

D. EFFECTIVENESS OF IMPLEMENTATION AND ORGANIZATION

1. This Circular takes effect 15 days after its publication in the Official Gazette and replaces Circular No. 11/TTLT-LĐTBXH-NV-YT dated May 25, 1996 guiding the implementation of certain provisions of Decree No. 20/CP dated April 13, 1996 of the Government on the regulations of medical facilities under the Administrative Violations Handling Ordinance dated July 6, 1995 and Circular No. 24/TTLB-LĐTBXH dated November 26, 1996 guiding amendments and supplements to some points in Circular No. 11/TTLB-BLĐTBXH-NV-YT dated May 25, 1996. All previous guidance by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Public Security that contradicts this Circular are abolished.

2. During the implementation process, if there are difficulties, units and localities are requested to report to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Public Security for prompt guidance.