Decree No. 221/2013/ND-CP on the regime for applying administrative measures to forcibly send drug addicts to compulsory rehabilitation centers

DECREE

REGULATIONS ON THE APPLICATION OF ADMINISTRATIVE SANCTIONS

 TO BE PLACED IN A COMPULSORY DRUG REHABILITATION FACILITY

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of Law on Handling Administrative Violations dated June 20, 2012;

Decree No. 07/2021/NĐ-CP

The Government issues this Decree to regulate the regime for applying administrative sanctions to be placed in a compulsory drug rehabilitation facility (hereinafter referred to as the sanction of being placed in a compulsory drug rehabilitation facility).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procedures and formalities for establishing files to propose, enforce decisions on applying the sanction of being placed in a compulsory drug rehabilitation facility, and organizing activities at compulsory drug rehabilitation facilities.

Article 2. Interpretation of Terms

In this Decree, the following terms shall be understood as follows:

1. Stable place of residence is the place where the violator usually resides or temporarily resides, but it must be the place where the person currently lives regularly.

2. Students are persons who are serving a decision at a compulsory drug rehabilitation facility.

3. Persons using drugs illegally are those who introduce drugs into their bodies without a prescription from a treating doctor.

The subjects proposed to apply the sanction of being placed in a compulsory drug rehabilitation facility under Clause 1, Article 96 of the Law on Handling Administrative Violations include:

1. Drug addicts aged 18 years or older with a stable place of residence, who have been subject to community-based education due to drug addiction but still continue to be addicted.

2. Drug addicts aged 18 years or older who have not been subject to community-based education due to drug addiction but do not have a stable place of residence.

Article 4. Time limit for applying the sanction of being placed in a compulsory drug rehabilitation facility

The time limit for applying the sanction of being placed in a compulsory drug rehabilitation facility is three months, counted from the date when the individual last committed the illegal act of using drugs and was discovered and recorded according to Article 8 of this Decree.

No file shall be established to propose the application of the sanction of being placed in a compulsory drug rehabilitation facility in the following cases:

1. Persons as provided for in Clause 2, Article 96 of the Law on Handling Administrative Violations.

2. Persons participating in community-based drug rehabilitation programs as prescribed in Clause 3, Article 16 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations.

3. Persons participating in treatment for drug addiction with substitute drugs as prescribed in Clause 2, Article 3 of Decree No. 96/2012/NĐ-CP dated November 15, 2012 of the Government on the treatment of drug addiction with substitute drugs.

Article 6. Prohibited acts in the establishment of files to propose and enforcement of decisions to apply the sanction of being placed in a compulsory drug rehabilitation facility

1. Infringing upon the life, health, honor, and dignity of persons proposed to apply the sanction of being placed in a compulsory drug rehabilitation facility and persons required to enforce the decision to apply the sanction of being placed in a compulsory drug rehabilitation facility.

2. Misusing positions and powers to harass, demand money, assets, or limit legitimate rights of persons proposed to apply the sanction of being placed in a compulsory drug rehabilitation facility and persons required to enforce the decision to apply the sanction of being placed in a compulsory drug rehabilitation facility.

3. Forging or distorting files proposing the application of the sanction of being placed in a compulsory drug rehabilitation facility; files proposing to postpone, exempt from enforcement of the decision to apply the sanction of being placed in a compulsory drug rehabilitation facility; files proposing to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period at the compulsory drug rehabilitation facility.

4. Exploiting or exploiting labor, assigning products to persons enforcing the decision to apply the sanction of being placed in a compulsory drug rehabilitation facility.

5. Requesting or suggesting that persons enforcing the decision to apply the sanction of being placed in a compulsory drug rehabilitation facility or their families contribute money or other material beyond the provisions of the law.

6. Extending the duration of the sanction of being placed in a compulsory drug rehabilitation facility beyond the time limit specified in the Court's decision.

Article 7. Funding for the implementation of compulsory drug rehabilitation measures

The funding for the implementation of compulsory drug rehabilitation measures shall be allocated within the annual regular budget estimates of agencies and units according to the current state budget classification.

Chapter II
PROCEDURES AND FORMS FOR ESTABLISHING FILES TO APPLY COMPULSORY DRUG REHABILITATION MEASURES

Article 8. Procedures and forms for establishing files to apply compulsory drug rehabilitation measures

1. When discovering individuals using drugs illegally, the police station where such violations occur shall prepare a record of the illegal drug use behavior and conduct investigations, collect evidence, and establish a file to propose the application of compulsory drug rehabilitation measures. In cases where individuals or organizations discover persons using drugs illegally, they shall report to the police station at the location of the violation to prepare a record and conduct investigations and collect evidence to establish a file:

a. If the violator resides in the commune, ward, town where the violation occurred and has been educated due to drug addiction at the commune, ward, town level, then a file proposing the application of compulsory drug rehabilitation measures shall be established in accordance with Clause 1 of Article 9 of this Decree;

b. If the violator's place of residence does not belong to the commune, ward, town where the violation occurred, then the violator and the violation record shall be handed over to the police station at the violator's place of residence to establish a file proposing the application of compulsory drug rehabilitation measures in accordance with Clause 1 of Article 9 of this Decree. The handover must be documented in a record, with each party keeping a copy;

c. If the stable place of residence of the violator cannot be determined, efforts shall be made to determine their stable place of residence. Within 15 working days, if the stable place of residence can be determined, it will be handled according to Point a or Point b of Clause 1 of this Article; if the stable place of residence cannot be determined, a file proposing the application of compulsory drug rehabilitation measures shall be established in accordance with Clause 2 of Article 9 of this Decree.

2. During the investigation and handling of violations of laws, if the county-level public security agency or provincial-level public security agency discovers acts of illegal drug use or signs of drug addiction by the violator, they shall prepare records, conduct investigations, collect evidence, and establish a file to propose the application of compulsory drug rehabilitation measures against them:

a. If the violator falls under the provisions of Clause 1 of Article 3 of this Decree, a file proposing the application of compulsory drug rehabilitation measures shall be established in accordance with Clause 1 of Article 9 of this Decree. The file shall be sent to the Justice Office of the district where the violator resides.

b. If the violator falls under the provisions of Clause 2 of Article 3 of this Decree, a file proposing the application of compulsory drug rehabilitation measures shall be established in accordance with Clause 2 of Article 9 of this Decree. The file shall be sent to the Justice Office of the district where the file-establishing agency is located.

1. For drug addicts with a stable place of residence:

a. Summary of personal history;

b. Response form from the authority specified in Clause 1 of Article 10 of this Decree regarding the current status of drug addiction of the person proposed to be subject to compulsory drug rehabilitation measures;

c. Record of illegal drug use behavior;

d. Statement from the violator or their legal representative;

đ. Evidence proving completion of the Decision on applying educational measures at the commune, ward, town due to drug addiction, including: Decision on applying educational measures at the commune, ward, town due to drug addiction and Certificate of Completion of the Decision on applying educational measures at the commune, ward, town due to drug addiction issued by the Chairman of the People's Committee of the commune;

e. Confirmation letter from the Chairman of the People's Committee of the commune stating that the time limit for home-based or community-based drug rehabilitation has expired, or evidence proving removal from the methadone maintenance treatment program;

g. Decision of the Chairman of the People's Committee of the commune regarding the transfer of management of the person proposed to be subject to compulsory drug rehabilitation measures to their family during the process of applying compulsory drug rehabilitation measures;

h. Document from the agency establishing the file proposing the application of compulsory drug rehabilitation measures.

2. For drug addicts without a stable place of residence:

a. Files as prescribed in Points a, b, c, d, h of Clause 1 of this Article;

b. Decision of the Chairman of the People's Committee of the commune regarding the transfer of management of the person proposed to be subject to compulsory drug rehabilitation measures to a social organization during the process of applying compulsory drug rehabilitation measures.

Article 10. Authority to Determine Drug Addicts.

2. Those authorized to determine drug addicts must bear responsibility for their determination before the law.

Article 11. Notification Regarding the Establishment of Files for Application of Compulsory Drug Rehabilitation Measures.

1. After completing the establishment of files for application of compulsory drug rehabilitation measures as stipulated in Article 9 of this Decree, the agency establishing the file shall notify in writing the person proposed to be subject to compulsory drug rehabilitation measures or their lawful representative about the establishment of the file.

2. The notification regarding the establishment of files requesting the application of mandatory drug rehabilitation measures shall include the following main contents:

a) Name of the violator;

b) Reason for establishing the request file;

c) Rights of the notified party: the notified party has the right to read, record, copy the file, and express opinions regarding the establishment of the file at the People's Court at district level.

d) Location for reading the file;

đ) Time for reading the file: the time for reading the file is five days from the date of receipt of the notification.

Article 12. Submission of Files for Legal Review of Applications for Compulsory Drug Rehabilitation Measures.

2. Within five working days from the date of receipt of the application file for compulsory drug rehabilitation measures, the Head of the Department of Justice at district level shall be responsible for reviewing the legality of the file. The results of the review must be recorded in writing and sent to the Head of the Department of Labor, Invalids, and Social Affairs at the same level.

3. The legal review of the application file for compulsory drug rehabilitation measures as stipulated in Clause 2 of this Article must ensure compliance and completeness in accordance with the provisions of the law on administrative violations concerning the following issues:

a) Documents and papers in the application file for compulsory drug rehabilitation measures as stipulated in Article 9 of this Decree;

b) The statute of limitations for applying compulsory drug rehabilitation measures as stipulated in Article 4 of this Decree;

c) The subjects to whom compulsory drug rehabilitation measures apply as stipulated in Article 3 of this Decree;

d) The period considered as not having been subject to community-based educational measures under Clause 2 of Article 7 of the Law on Handling Administrative Violations;

đ) Authority to establish the file;

e) Procedures and formalities for establishing the application file for compulsory drug rehabilitation measures as stipulated in Article 8 of this Decree.

Article 13. Consideration and Decision on Transfer of Application Files for Compulsory Drug Rehabilitation Measures.

1. Within seven days from the date of receipt of the application file from the Head of the Department of Justice, the Head of the Department of Labor, Invalids, and Social Affairs shall compare the application file established according to Article 9 of this Decree with the content of the legal review document of the Head of the Department of Justice at district level.

a) In case the file is complete, it shall be indexed and made into two copies, the original to be transferred to the People's Court at district level, and the duplicate to be kept at the Department of Labor, Invalids, and Social Affairs in accordance with the law on archiving;

2. The file submitted to the People's Court at district level for consideration of the application of compulsory drug rehabilitation measures:

a) The application file for compulsory drug rehabilitation measures as stipulated in Article 9 of this Decree;

b) A written request from the Head of the Department of Labor, Invalids, and Social Affairs at district level for the consideration of the application of compulsory drug rehabilitation measures to be submitted to the People's Court at the same level. The document specifies the name of the compulsory drug rehabilitation facility where the person proposed to be subject to such measures will be required to perform.

3. In case the Court requests clarification of certain contents in the file, the Head of the Department of Labor, Invalids, and Social Affairs shall be responsible for responding in writing and providing the reasons.

Article 14. Entrust social organizations to manage persons without a stable place of residence during the process of applying compulsory drug rehabilitation measures

1. Social organizations managing persons without a stable place of residence during the process of applying compulsory drug rehabilitation measures must ensure the following conditions:

a) Regarding material facilities and equipment: the facility must be constructed as an integrated area, isolated from the external environment to prevent drug smuggling, and must have at least three functional rooms and accompanying equipment as follows:

- Examination and emergency room: minimum area of 10 m²² including a medicine cabinet with all categories of medicines and first aid equipment as prescribed by the Ministry of Health;

- Patient ward: minimum area of 8 m²² and equal to or greater than 4 m²²/person treated; in the room, each patient must have one set of living equipment including bed, mat, sheet, pillow, quilt, mosquito net;

- Room for medical staff and security personnel;

b) Regarding human resources, there must be a minimum of four people including: the head of the unit responsible for detoxification treatment, who must be a psychiatrist or general practitioner with a professional license as prescribed by the Law on Medical Examination and Treatment and a certificate of training in drug detoxification treatment; one treating doctor; one nursing assistant; one security guard.

2. Social organizations are responsible for managing persons proposed to apply compulsory drug rehabilitation measures during the procedure as stipulated in Article 131 of the Law on Handling Administrative Violations and supporting detoxification treatment according to the regulations of the Ministry of Health.

3. Social organizations participating in management as provided in Clause 2 of this Article shall be supported with funding during the management of persons proposed to apply compulsory drug rehabilitation measures, including: direct support for personnel of social organizations assigned to manage and assist drug users; support for food expenses, medical expenses for common illnesses, and other living expenses for drug users.

4. The Ministry of Finance shall take the lead in coordinating with the Ministries of Labor, Invalids and Social Affairs, Health, and Home Affairs to guide the conditions necessary for organizing the management of persons without a stable place of residence during the process of preparing files to propose the application of compulsory drug rehabilitation measures.

Chapter III
IMPLEMENTATION OF THE DECISION TO APPLY MEASURES

FOR COMPULSORY DRUG REHABILITATION

Article 15. Transfer persons with decisions to compulsory drug rehabilitation facilities

1. Within five days from the date of receipt of the decision to apply compulsory drug rehabilitation measures issued by the People's Court of the district, the Public Security Office of the district shall take the lead and coordinate with the Department of Labor, Invalids and Social Affairs to transfer the person to implement the decision to apply compulsory drug rehabilitation measures.

2. The act of transferring a person to execute the decision to enter a compulsory drug rehabilitation facility must be recorded in a protocol, witnessed by representatives of the People's Committee of the commune and the head of the residential group, village chief, or equivalent where the person resides. The protocol shall be made in three copies, one copy sent to the People's Court of the district that issued the decision, one copy sent to the agency that prepared the file, and one copy retained by the public security office of the district in accordance with the law on record keeping.

Article 16. Procedure for Accepting Individuals Subjected to Compulsory Drug Rehabilitation

1. When accepting individuals subjected to compulsory drug rehabilitation, the compulsory drug rehabilitation facility must verify the individual, identity card (if available) or fingerprints against the information in the file specified in Clause 2 of this Article to ensure that the correct individual subject to the compulsory drug rehabilitation measure is accepted and prepare a handover record detailing the health status of the individual, documents, files, personal belongings carried along. The record shall be made in four copies, each party retains one copy, one copy sent to the Department of Labor, Invalids, and Social Affairs at the district level for file storage, and one copy sent to the People's Court at the district level where the decision was issued.

2. The file for accepting individuals subjected to compulsory drug rehabilitation measures includes:

a) Decision on applying the compulsory drug rehabilitation measure issued by the People's Court at the district level;

b) A copy of the record of delivering the individual to the compulsory drug rehabilitation facility pursuant to the decision, provided by the Public Security agency at the district level;

c) A copy of the summary of the individual's criminal record, provided by the agency responsible for compiling the file.

3. The Health Department of the compulsory drug rehabilitation facility is responsible for conducting health checks and establishing medical records for individuals subjected to compulsory drug rehabilitation for monitoring and management purposes; providing appropriate treatment.

Article 17. Searching for Individuals Who Have Escaped from Compulsory Drug Rehabilitation Facilities

1. In cases where individuals subjected to compulsory drug rehabilitation measures escape before being admitted to the facility, the Public Security agency at the district level where the People's Court decided to apply the compulsory drug rehabilitation measure shall issue a search warrant.

2. In cases where individuals currently serving their sentence at the compulsory drug rehabilitation facility escape, the Director of the compulsory drug rehabilitation facility shall issue a search warrant for the individual. The Public Security agency shall cooperate with the compulsory drug rehabilitation facility in searching for the individual to return them to the compulsory drug rehabilitation facility.

3. If the individual who has escaped and is subject to compulsory drug rehabilitation measures is found but does not voluntarily comply with the requirements of the competent authority, they shall be forcibly returned to the compulsory drug rehabilitation facility according to the provisions of Decree No. 112/2013/NĐ-CP dated October 2, 2013 of the Government on forms of administrative penalties, temporary detention of persons, escorting violators according to administrative procedures, and managing foreign nationals violating Vietnamese laws during the expulsion process.

4. The time spent escaping shall not be counted towards the period for executing the decision to apply the compulsory drug rehabilitation measure.

Article 18. Suspension or Exemption from Execution of the Decision to Apply Compulsory Drug Rehabilitation Measures

1. Individuals required to execute the decision but not yet admitted to the compulsory drug rehabilitation facility may have the execution of the decision suspended in the following cases:

a) Seriously ill with a hospital certificate;

b) Families facing extraordinary difficulties confirmed by the Chairman of the People's Committee at the commune level where the individual resides.

Extraordinary difficulties refer to families affected by natural disasters, fires, accidents, without valuable assets to generate income for living expenses, or having parents, spouse, or children seriously ill for a prolonged period without care, and the individual subjected to compulsory drug rehabilitation measures is the sole breadwinner of the family, confirmed by the Chairman of the People's Committee at the commune level where the individual resides.

When the conditions for suspending compliance with the decision no longer exist, the decision shall continue to be enforced.

2. Individuals required to execute the decision but not yet admitted to the compulsory drug rehabilitation facility may be exempted from executing the decision under one of the following circumstances:

a) Suffering from a serious illness with a hospital certificate;

b) During the suspension period stipulated in Clause 1 of this Article, the individual shows significant progress in complying with the law or performs meritorious deeds or no longer uses drugs;

Significant progress refers to individuals actively working, studying, participating in local community activities, strictly adhering to the Party's guidelines and state policies, and confirmed by the Chairman of the People's Committee at the commune level where the individual resides.

Meritorious deeds refer to individuals courageously rescuing people or property belonging to the state, collective, or others, and receiving commendation from the People's Committee at the commune level or higher; having technical innovations recognized by competent authorities at the provincial level or higher; achieving outstanding results in mass movements for national security protection and receiving commendations from the Police or People's Committees at the district level or higher.

c) Pregnant, with a hospital certificate.

3. Procedures for requesting suspension or exemption:

a) The request file includes:

Request for suspension or exemption from executing the decision by the individual required to execute it or their legal representative;

Documents proving eligibility for suspension or exemption from executing the decision as stipulated in Clauses 1 and 2 of this Article.

b) The request file shall be submitted to the People's Court at the district level where the decision to apply the compulsory drug rehabilitation measure was issued.

Article 19. Reduction of Duration, Suspension, or Exemption from Remaining Time at Compulsory Drug Rehabilitation Facility

1. A learner who has served half of the duration specified in the decision on compulsory drug rehabilitation measures, if showing significant progress or meritorious acts, may be considered for reduction of part of or exemption from the remaining time.

A learner showing significant progress is someone who strictly adheres to internal regulations, rules, and procedures at the facility, actively participates in labor, study, and common movements of the facility, and is recognized by the Disciplinary Board (hereinafter referred to as the Board).

A learner with meritorious acts is someone who courageously saves people or property belonging to the State, collective, or others, and is rewarded by the Director of the compulsory drug rehabilitation facility; has valuable technical innovations in labor and production recognized by competent authorities at provincial level or higher; has outstanding achievements in mass movements for national security protection and is awarded commendation certificates by the Public Security or People's Committee at district level or higher;

2. A learner suffering from a serious illness or pregnant during the execution of the decision shall be exempted from serving the remaining time.

3. In cases where a person undergoing a decision at a compulsory drug rehabilitation facility falls seriously ill, confirmed by a hospital and is allowed to return home for treatment, their execution of the decision will be temporarily suspended; the treatment period will be counted towards the execution period; after recovery, if the remaining execution period is three months or more, they must continue to serve it; if during the temporary suspension period, they show significant progress or meritorious acts, they may be exempted from serving the remaining time.

4. Annually or exceptionally when there are learners eligible for reduction of duration, suspension, or exemption from remaining time at a compulsory drug rehabilitation facility, the Director of the compulsory drug rehabilitation facility is responsible for preparing a proposal file and organizing a meeting of the Board to consider proposals for reduction of duration, suspension, or exemption from remaining time.

5. Based on the list of learners proposed, the Board examines and votes on each specific case and concludes according to the majority opinion. In case of equal votes, the opinion of the Chairman of the Board is decisive.

6. Within two days from receiving the Minutes of the Board meeting, the Director of the compulsory drug rehabilitation facility prepares a proposal file and sends it to the People's Court of the district where the compulsory drug rehabilitation facility is located for consideration of the decision.

The application documents include:

a) The proposal document of the Director of the compulsory drug rehabilitation facility;

b) List of learners proposed for reduction of duration, suspension, or exemption from remaining time;

c) Minutes of the Board meeting;

d) Monthly review and evaluation results of teams and individual achievements of learners proposed;

đ) Hospital confirmation letter regarding health status for cases of serious illness, critical illness, or pregnancy.

7. During the waiting period for the People's Court of the district to examine and decide, if the proposed person commits a violation of the law or breaches the internal regulations and rules of the compulsory drug rehabilitation facility, the Director of the facility is responsible for convening the Board and preparing a document to remove that person from the list for consideration of reduction of duration, suspension, or exemption from remaining time and sending it to the People's Court of the district where the file was received. If a decision on reduction of duration, suspension, or exemption from remaining time has already been made but not yet implemented, the People's Court of the district should be requested to reconsider and revoke the decision.

Article 20. Temporary removal of trainees from compulsory drug rehabilitation facilities at the request of criminal proceedings agencies

1. At the request of authorized criminal proceedings agencies, the Director of the compulsory drug rehabilitation facility shall decide to temporarily remove individuals who are executing decisions from the compulsory drug rehabilitation facility to participate in litigation in cases related to them. Criminal proceedings agencies are those agencies specified in Clause 1, Article 33 of the Criminal Procedure Code.

The request of the criminal proceedings agency must be in writing and sent to the Director of the compulsory drug rehabilitation facility before removing the individual executing the decision from the facility. The request document must include the following main contents: the trainee's name, reason for and duration of removal from the facility.

2. The agency requesting the removal of the trainee from the compulsory drug rehabilitation facility is responsible for transporting the individual out and returning the individual to the facility within the time limit specified in the temporary removal decision. When handing over and receiving the trainee, a record must be established according to current regulations.

3. In case of need for extension, the head of the authorized criminal proceedings agency must submit a written request to the Director of the compulsory drug rehabilitation facility regarding the extension.

Article 21. Handling cases where trainees die during execution of decisions at compulsory drug rehabilitation facilities

1. During the period of executing the decision, if a trainee dies, the Director of the compulsory drug rehabilitation facility must immediately notify the investigating agency, People's Procuracy, People's Court, and the nearest health agency to establish a record confirming the cause of death. The establishment of the record must have witnesses present. If necessary, forensic medical examination may be requested.

2. The compulsory drug rehabilitation facility is responsible for immediately informing the relatives of the deceased trainee about the death for burial purposes. In cases where there are no relatives or relatives do not arrive within 24 hours, the Director of the compulsory drug rehabilitation facility is responsible for organizing the burial.

Article 22. Management of trainees

1. Trainees are arranged accommodation and living conditions in groups and must strictly comply with state laws, internal regulations, and rules of the compulsory drug rehabilitation facility.

2. Based on the internal regulations and rules of the compulsory drug rehabilitation facility, each month and quarter, groups organize activities to evaluate the training, study, and labor results of each trainee and conduct voting to rank them into four levels: excellent, good, average, and poor.

3. Criteria for ranking trainees are established and issued by the Director of the compulsory drug rehabilitation facility. Trainees must participate in the process of establishing criteria for ranking trainees.

4. On the last Saturday of each month, groups hold meetings to review and rank each member. According to the ranking criteria for trainees, each trainee self-evaluates their ranking, other members comment and vote to approve. The review result is approved when at least two-thirds of attendees agree. The review must be recorded in a document signed by the Group Leader or Team Leader and the responsible officer.

5. The ranking results of trainees are publicly announced through the information means of the compulsory drug rehabilitation facility for three days at the beginning of the following month to widely solicit opinions. If there are no objections, the Group Leader sends the ranking results to the Training Management Department to record in the Monitoring and Evaluation Ranking Record in the management file of the trainee.

6. In case of objections to the ranking results of trainees, within three days from the date of receipt of the objection, the responsible officer of the group or team with the ranked trainee must convene a meeting to review. The review is recorded in a document submitted to the Director of the compulsory drug rehabilitation facility for decision.

7. Trainees who have undergone drug rehabilitation and treatment at the compulsory drug rehabilitation facility for at least three weeks are ranked monthly; if for at least two months, they are ranked quarterly. The ranking is conducted according to the guidance on ranking criteria for trainees.

Article 23. Detoxification Regime and Health Care

1. Students shall be screened and assessed for addiction levels to develop and implement appropriate detoxification plans. They shall receive counseling and participate in group activities aimed at changing behavior, enhancing life skills, handling situations encountered during detoxification, and preventing relapse.

2. Students shall undergo withdrawal treatment, detoxification, mental disorder treatment, and opportunistic infection treatment. Treatment must comply with laws on medical examination and treatment.

3. Students shall have health records established and undergo health check-ups every six months. Regular health check-ups must be recorded on health examination forms and kept in their health monitoring files.

4. In cases where students suffer from severe illness or critical diseases beyond the treatment capacity of compulsory detoxification facilities, they shall be transferred to healthcare facilities or returned home for treatment and care. The cost of treatment at medical examination and treatment facilities shall be borne by the students themselves or their families.

If students have valid health insurance, the health insurance fund shall cover the costs of medical examination and treatment according to the health insurance law.

For students without health insurance, compulsory detoxification facilities shall support students who are relatives of those meritorious to the revolution, social welfare recipients, or members of poor or near-poor households. The level of support shall be equivalent to the amount paid by the health insurance fund for corresponding beneficiaries. For students not falling into these categories but without relatives, compulsory detoxification facilities shall provide medical examination and treatment costs at the level equivalent to that paid by the health insurance fund for poor household members.

Article 24. Food, Clothing, and Living Conditions

On public holidays and New Year's Day, students may receive additional meals up to three times the daily standard; during the Lunar New Year, they may receive additional meals up to five times the daily standard. The food standard is calculated based on local market prices. The diet for sick students shall be determined by the Director of the Compulsory Detoxification Facility according to the prescription of the healthcare authority.

a) Blankets suitable for the weather conditions at the location of the Compulsory Detoxification Facility and mosquito nets: to be replaced every three years;

b) Annually, each student shall be issued two mats, two sets of summer clothes, two sets of winter clothes, three sets of undergarments, two towels, two pairs of plastic sandals, two toothbrushes, one raincoat, one hard hat, one cloth cap, two pairs of socks, and one pair of gloves. Quarterly, each student shall be issued one 150 gram tube of toothpaste, one 200 ml bottle of shampoo, one bar of scented soap, and one kilogram of soap;

c) Sanitary napkins for female students: two packets per person per month.

Based on the physical item allocation standards for students, compulsory detoxification facilities shall prepare annual budgets based on actual prices and submit them for approval by competent authorities.

Article 25. Cultural Education System

1. Students are entitled to participate in cultural education classes appropriate to their level. Based on capacity and actual conditions, compulsory drug rehabilitation facilities shall organize cultural education in accordance with the law. Compulsory drug rehabilitation facilities have the responsibility to organize literacy classes in accordance with the regulations of the Ministry of Education and Training.

2. Compulsory drug rehabilitation facilities shall cooperate with local educational management agencies to organize mid-term examinations, year-end examinations, grade transitions, outstanding student selection, and issuance of cultural education certificates in accordance with the regulations of the Ministry of Education and Training.

3. Grade books, academic records, files, and related forms for cultural education at compulsory drug rehabilitation facilities shall be implemented in accordance with the regulations of the Ministry of Education and Training.

Article 26. Vocational Education System

1. Students who do not have a profession or whose profession is unsuitable may participate in vocational training.

2. Compulsory drug rehabilitation facilities shall conduct vocational training activities when they meet the necessary conditions regarding classroom area, workshop area, vocational training equipment, teaching staff, curriculum, textbooks, and obtain a registration certificate for vocational training activities from the Department of Labor, Invalids, and Social Affairs.

3. In cases where the above vocational training conditions cannot be met, compulsory drug rehabilitation facilities are permitted to organize joint training with vocational schools and other vocational training facilities in the locality. The form of collaboration and content of vocational training must comply with the legal provisions on vocational training.

1. Students are entitled to participate in therapeutic labor and are assigned tasks suitable to their health, age, and gender. Labor within compulsory drug rehabilitation facilities aims at therapy, helping students recognize the value of labor and recover diminished work skills due to drug addiction.

2. The working hours of students shall not exceed three hours per day. Students are entitled to rest from labor on Saturdays, Sundays, holidays, and festivals as prescribed by law. Labor shall not be organized for students during the detoxification period.

3. Students shall receive wages commensurate with their labor results.

4. In cases of work-related accidents involving students, compulsory drug rehabilitation facilities must promptly organize medical treatment and complete necessary procedures to resolve compensation benefits in accordance with the law.

Article 28. Visitation and Meeting with Family Members

1. Students are entitled to visit and meet family members in the visiting room of the compulsory drug rehabilitation facility once a week, each meeting not exceeding two hours, and a maximum of three family members. Longer meetings require approval from the Director of the compulsory drug rehabilitation facility, with a maximum duration of four hours. Students with spouses are entitled to a private meeting once a month, with a maximum duration of forty-eight hours, upon approval by the Director of the compulsory drug rehabilitation facility. Based on scale and conditions, the compulsory drug rehabilitation facility shall construct rooms for students to meet their families.

2. The organization of visits and meetings with family members shall be carried out in accordance with the rules of the compulsory drug rehabilitation facility. The visitation rules of the compulsory drug rehabilitation facility shall be promulgated in accordance with guidelines issued by the Ministry of Labor, Invalids, and Social Affairs.

Article 29. Handling Bereavement Leave

1. When a student's parent, spouse, or child dies, the student shall be granted bereavement leave to attend the funeral. The maximum duration of bereavement leave is five days, excluding travel time, and is included in the term of execution of the decision.

2. The student's family must submit a request for the student to take bereavement leave, confirmed by the People's Committee of the commune where the student resides, to the Director of the Compulsory Drug Rehabilitation Center. The application must clearly state the name, ID number, place of residence, relationship with the student, requested duration of bereavement leave, and commitment to manage and supervise the student to prevent illegal drug use or other criminal activities during the leave period. The student's family is responsible for picking up the student upon return and handing over the student back to the Compulsory Drug Rehabilitation Center at the end of the leave period, with all transportation costs borne by the family.

3. Within twenty-four hours from receiving the application, the Director of the Compulsory Drug Rehabilitation Center shall examine and decide on granting the student bereavement leave. The decision must be documented in writing, specifying the leave period and the family's responsibilities in picking up, delivering, and managing the student during the leave period. The decision shall be made in three copies: one copy sent to the student's family, one copy sent to the People's Committee of the commune where the student resides for coordination in management, and one copy retained in the student's file.

4. The handover between the Compulsory Drug Rehabilitation Center and the family must be recorded in a protocol detailing the student's name, date, name of the person handing over, name of the person receiving, and this protocol shall be made in two copies, each party keeping one copy.

5. Upon expiration of the period specified in Clause 3 of this Article, if the student returns, the Compulsory Drug Rehabilitation Center must conduct a health check on the student to provide appropriate interventions. If the student does not return to the Compulsory Drug Rehabilitation Center, the Director of the Compulsory Drug Rehabilitation Center shall issue a decision to search for the student in accordance with the law.

Article 30. Community Reintegration Support

1. Three months before the completion of the term of execution of the decision to apply compulsory drug rehabilitation measures, counseling staff shall guide students in preparing a community reintegration plan.

2. Forty-five days before the completion of the term of execution of the decision to apply compulsory drug rehabilitation measures, the Compulsory Drug Rehabilitation Center shall notify the People's Committee of the commune where the student resides about the student's preparation for community reintegration, along with the needs of the student requiring support from the family and community to build and implement the community reintegration plan upon returning to the locality.

3. The Compulsory Drug Rehabilitation Center has the responsibility to advise students on community reintegration: social benefits, related healthcare services for drug rehabilitation and HIV prevention; job creation support; post-rehabilitation clubs, drug rehabilitation working groups, voluntary social work teams, self-help groups in the localities where the students reside.

Article 31. Completion of the Term of Execution of the Decision to Apply Compulsory Drug Rehabilitation Measures

1. After completing the term of execution of the decision to apply compulsory drug rehabilitation measures, the Director of the Compulsory Drug Rehabilitation Center shall issue a Certificate of Completion of the Term of Execution of the Decision to Apply Compulsory Drug Rehabilitation Measures. The certificate shall be made in four copies: one copy for the student, one copy sent to the People's Court of the district where the decision to apply compulsory drug rehabilitation measures was issued, one copy sent to the People's Committee of the commune where the student resides, and one copy retained at the Compulsory Drug Rehabilitation Center.

2. Students who cannot determine their place of residence and have lost their ability to work shall, after completing the term of execution of the decision to apply compulsory drug rehabilitation measures, be transferred to a social welfare facility in the locality where the Compulsory Drug Rehabilitation Center is located for care.

3. Rights and obligations of students after completing the term of execution of the decision to apply compulsory drug rehabilitation measures:

a) Issuance of certificates and diplomas for cultural education and vocational training (if applicable);

b) Students who are relatives of those who have rendered meritorious service to the revolution, social welfare beneficiaries, or belong to poor or near-poor households shall be provided with food allowance and travel expenses to return to their place of residence;

c) Return borrowed items, equipment, tools, and labor protective gear; in case of loss or damage, compensation is required.

Article 32. Rewards and Disciplinary Measures

1. Individuals and organizations that achieve success in organizing and implementing compulsory drug rehabilitation measures shall be rewarded in accordance with the provisions of the law on commendation and rewards.

2. During the period of executing the decision to apply compulsory drug rehabilitation measures, learners who show progress or outstanding achievements shall be rewarded in one of the following forms:

a) Public commendation and reward;

b) Proposal for reduction of duration or exemption from remaining execution time.

c) Other methods prescribed by law.

3. During the period of executing the decision to apply compulsory drug rehabilitation measures, learners who violate the regulations and internal rules of the compulsory drug rehabilitation facility shall be disciplined in one of the following forms:

a) Criticism;

b) Warning;

b) Education in the disciplinary room.

4. The Director of the compulsory drug rehabilitation facility shall issue a regulation on rewards and disciplinary measures for learners in accordance with the guidelines of the Ministry of Labor, Invalids, and Social Affairs.

Chapter IV
ORGANIZATION OF COMPULSORY DRUG REHABILITATION FACILITIES

Article 33. Establishment, Reorganization, and Dissolution of Compulsory Drug Rehabilitation Facilities

1. Compulsory drug rehabilitation facilities shall be established in accordance with the provisions of Government Decree No. 55/2012/NĐ-CP dated June 28, 2012, concerning the establishment, reorganization, and dissolution of public service units.

2. Compulsory drug rehabilitation facilities shall be established based on provincial or centrally-administered city areas and shall be directly managed by the Department of Labor, Invalids, and Social Affairs.

3. Based on the actual situation at the local level, the Chairman of the People's Committee of the province shall decide on the establishment and dissolution of compulsory drug rehabilitation facilities in accordance with the approved planning by the Prime Minister. Localities with few drug addicts may send their subjects to compulsory drug rehabilitation facilities in other localities upon mutual agreement between the two localities.

Article 34. Tasks of Compulsory Drug Rehabilitation Facilities

Compulsory drug rehabilitation facilities have the following tasks:

1. Organizing health care, medical examination, treatment, detoxification treatment for drug addiction, and treatment of physical and mental disorders for learners. Medical examinations and treatments shall be carried out in accordance with the provisions of the law on medical examination and treatment.

2. Popularizing and educating the law on prevention and control of drugs, prevention and control of HIV/AIDS, environmental hygiene, and social security and public order maintenance for learners.

3. Providing counseling and education to enhance awareness, change behavior, restore personality, prevent relapse into drug addiction, prevent HIV infection and other infectious diseases for learners.

4. Organizing cultural studies, vocational training, and appropriate labor activities according to the needs, characteristics of each learner, and the practical capabilities and conditions of the facility.

5. Arranging venues and times for learners to participate in cultural, sports, artistic exchange, and other recreational activities.

6. Establishing a library and reading room, creating conditions for learners to read books, newspapers, watch television to update information, improve knowledge, and life skills.

7. Cooperating in building models and procedures for treatment, rehabilitation, and recovery; organizing training and professional development for staff of compulsory drug rehabilitation facilities.

8. Managing and using funds in accordance with regulations; maintaining security and order at the compulsory drug rehabilitation facility.

9. Organizing separate areas for female learners and learners suffering from infectious diseases.

Article 35. Coordination and Support for Ensuring Security and Order and Providing Medical Care at Compulsory Drug Rehabilitation Facilities

1. When complex health or security and order issues arise at compulsory drug rehabilitation facilities, the Director of the Department of Labor, Invalids, and Social Affairs shall issue a document requesting the Director of the Department of Health and the Director of the Provincial Police to dispatch officers to support the compulsory drug rehabilitation facility in handling and resolving such issues. In case the requested agency does not dispatch officers to provide support, it must respond in writing and clearly state the reasons.

2. Officers dispatched to support compulsory drug rehabilitation facilities shall be subject to the direction and assignment of the Director of the compulsory drug rehabilitation facility.

Chapter V
RESPONSIBILITIES OF STATE AGENCIES

Article 36. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

1. To develop and submit to the Prime Minister for approval the planning of the network of compulsory drug rehabilitation facilities.

2. To promulgate forms and templates for establishing files for requests and implementing decisions on applying measures to place individuals in compulsory drug rehabilitation facilities for uniform implementation.

3. To take the lead and coordinate with the Ministry of Construction to promulgate technical standards and economic and technical norms for construction of compulsory drug rehabilitation facilities; to coordinate with the Ministry of Home Affairs to guide functions, tasks, organizational structures, positions, and standards for staff of compulsory drug rehabilitation facilities and the responsibilities and authorities of the Director of compulsory drug rehabilitation facilities; to coordinate with the Ministry of Health to develop materials and organize professional guidance on drug rehabilitation recovery activities at compulsory drug rehabilitation facilities; to coordinate with the Ministry of Finance to establish financial regulations for applying measures to place individuals in compulsory drug rehabilitation facilities.

4. To coordinate with the Ministry of Education and Training to develop educational programs and teaching curricula for illiteracy eradication for individuals placed in compulsory drug rehabilitation facilities.

5. To implement international cooperation in the field of drug rehabilitation.

Article 37. Responsibilities of the Ministry of Health

1. The Ministry of Health is responsible for promulgating diagnostic criteria for drug addiction; to take the lead and coordinate with the Ministry of Public Security to guide procedures and formalities for determining the status of drug addiction.

2. To study medicinal formulas and methods for treating drug addiction.

3. To direct the organization of training for healthcare officials at local levels on identifying the status of drug addiction and supporting treatment to alleviate withdrawal symptoms from drug addiction.

4. To take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide, direct, and manage medical activities within compulsory drug rehabilitation facilities.

Article 38. Responsibilities of the Ministry of Public Security

1. To guide and direct public security agencies at all levels in collecting evidence, establishing files for requests to apply measures to place individuals in compulsory drug rehabilitation facilities; organizing the placement of individuals who have been decided upon into compulsory drug rehabilitation facilities; tracking down escapees; ensuring security and order at compulsory drug rehabilitation facilities.

2. To organize training and guide the use of support tools and professional skills for security forces at compulsory drug rehabilitation facilities.

Article 39. Responsibilities of the Ministry of Education and Training

1. To take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to develop educational programs and teaching curricula for illiteracy eradication for individuals subjected to measures placing them in compulsory drug rehabilitation facilities; to guide and inspect cultural education, organize exams, issue certificates and diplomas for cultural education, and support teachers in illiteracy eradication at compulsory drug rehabilitation facilities.

2. To guide and direct local education and training sectors to create conditions for learners to continue their studies after completing the decision on applying measures to place them in compulsory drug rehabilitation facilities.

Article 40. Responsibilities of the Ministry of Finance

Shall take the lead in coordinating with the Ministry of Labor, Invalids and Social Affairs to guide the content and levels of expenditure for the work of preparing files to request the application of compulsory drug rehabilitation measures; managing individuals without stable residence during the time of requesting the application of compulsory drug rehabilitation measures; transferring persons with decisions into compulsory drug rehabilitation facilities; tracking down fugitive subjects and expenses for learners during the execution of decisions at compulsory drug rehabilitation facilities.

Article 41. Responsibilities of People's Committees at all levels

1. Provincial People's Committees shall be responsible for:

a) To build and implement projects on establishing, reorganizing, and dissolving compulsory drug rehabilitation facilities in accordance with the demand for rehabilitation and planning approved by competent authorities;

b) To direct specialized agencies under their jurisdiction, organizations to disseminate, train, and provide vocational training for staff in the industry to carry out the preparation of files to request and enforce decisions on applying compulsory drug rehabilitation measures;

c) To allocate resources for the work of preparing files to request and enforcing decisions on applying compulsory drug rehabilitation measures;

d) To periodically inspect the preparation of files to request and enforcement of decisions on applying compulsory drug rehabilitation measures.

2. The county People's Committee shall be responsible for:

a) To direct the Justice Office, the Labor, Invalids and Social Affairs Office, the police agency at the district level, and the People's Committee at the commune level in the preparation of files to request and enforcement of decisions on applying compulsory drug rehabilitation measures;

b) To direct the People's Committee at the commune level to create favorable conditions for those who have completed the execution of decisions on applying compulsory drug rehabilitation measures to find employment, reintegrate into society, and prevent relapse.

3. The People's Committee of the commune shall be responsible for:

a) To organize the preparation of files to request the application of compulsory drug rehabilitation measures, and to direct the management of violators during the preparation of files to request the application of compulsory drug rehabilitation measures;

b) To coordinate with the police agency at the district level in organizing the transfer of persons who have received decisions into compulsory drug rehabilitation facilities;

c) To support and create favorable conditions for persons who have completed the execution of decisions on applying compulsory drug rehabilitation measures to participate in self-help groups and clubs for former rehabilitants, helping them secure stable employment, reintegrate into society, and prevent relapse.

Chapter VI
IMPLEMENTING PROVISIONS

Article 42. Effectiveness

1. This Decree takes effect from February 15, 2014.

2. For learners currently executing decisions on administrative violation handling measures involving placement in treatment facilities pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004, concerning the regime of applying treatment facility placement measures, organization of activities at treatment facilities according to the Administrative Violation Handling Ordinance and the regime for applying measures for minors and voluntary individuals at treatment facilities, they shall continue to execute the remaining time according to the decision on applying treatment facility placement measures already issued.

3. Abolish Decree No. 43/2005/NĐ-CP dated April 5, 2005 of the Government regarding the placement of drug users and sex workers without fixed residences in temporary accommodation at treatment facilities.

4. Abolish Articles 2, 3, 4, 5, 30, 31, 32, 33, 34, 35, 36, 37, 38, and Chapter IV of Decree No. 135/2004/NĐ-CP dated June 10, 2004 concerning the regime of applying treatment facility placement measures, organization of activities at treatment facilities according to the Administrative Violation Handling Ordinance and the regime for applying measures for minors and voluntary individuals at treatment facilities.

5. Abolish Clause 2 and Clause 3 of Article 1 of 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 dated June 10, 2004 concerning the regime of applying treatment facility placement measures, organization of activities at treatment facilities according to the Administrative Violation Handling Ordinance and the regime for applying measures for minors and voluntary individuals.

Article 43. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.