Circular No. 25/2018/TT-BLDTBXH guiding the functions, tasks, organizational structure, job positions, and staffing levels of public drug rehabilitation facilities

CIRCULAR

GUIDELINES ON FUNCTIONS, TASKS, ORGANIZATIONAL STRUCTURE,

POSITIONS AND NUMBER OF STAFF AT STATE-OWNED DRUG REHABILITATION CENTERS

OF THE GOVERNMENT-OPERATED DRUG DETOXIFICATION FACILITY

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Based on Decree No. 1Decree No. 35/2004/NĐ-CP dated June 10, 2004 of the Government on the application regime for compulsory treatment measures, operation of treatment centers under the Ordinance on Handling Administrative Violations, and the regime applicable to minors and voluntary patients;

Pursuant to Decree No. 61/2011/NĐ-CP dated July 26, 2011 of the Government amending and supplementing certain articles of Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the application regime for compulsory treatment measures, operation of treatment centers under the Ordinance on Handling Administrative Violations, and the regime applicable to minors and voluntary patients;

Pursuant to Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government on the application regime for administrative violation handling measures involving compulsory drug rehabilitation; FOR ADMINISTRATIVE VIOLATIONS SUBJECT TO COMPULSORY DRUG DETOXIFICATION

Pursuant to Decree No. 136/2016/NĐ-CP dated September 9, 2016 of the Government amending and supplementing certain articles of Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government on the application regime for administrative violation handling measures involving compulsory drug rehabilitation;i, supplementing some articles of Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government on the regime for applying administrative violation handling measures involving compulsory drug detoxification facilities;

Pursuant to Decree No. 55/2012/NĐ-CP dated June 28, 2012 of the Government on the establishment, restructuring, and dissolution of public service units;

Pursuant to Decree No. 41/2012/NĐ-CP dated December 18, 2012 of the Government on positions at public service units;

Pursuant to Resolution No. 98/NQ-CP dated December 26, 2014 of the Government on strengthening guidance for work on prevention, control, and monitoring of drug abuse and drug rehabilitation in new circumstances;control and drug detoxificationin new circumstances;drug situation in Vietnam up to 2020;

Pursuant to Decision No. 2596/QĐ-TTg dated December 27, 2013 of the Prime Minister approving the project to reform drug rehabilitation work in Vietnam until 2020;letter No. 6034/BNV-TCBC dated January 10

Pursuant to Decision No. 1640/QĐ-TTg dated August 18, 2016 of the Prime Minister approving the planning of drug rehabilitation facilities until 2020 with a view to 2030;

After receiving the agreement from the Ministry of Home Affairs in Circular No. 6034/BNV-TCBC dated January 10, 2018;2018;government-operated drug detoxification facility.

At the proposal of the Director of the Department of Social Evils Prevention and Control and the Head of the Legal Department;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the functions, tasks, organizational structure, positions, and staffing levels at state-owned drug rehabilitation centers. This Circular guides the functions, tasks, organizational structure, positions, and staffing levels at state-owned drug rehabilitation centers (including compulsory drug rehabilitation centers, voluntary drug rehabilitation centers, and multi-functional drug rehabilitation centers).The functions of a government-operated drug detoxification facility include: organizing compulsory drug detoxification; organizing voluntary drug detoxification; receiving individuals who use drugs or are drug addicts without stable residence; organizing substitute treatment.

Article 1. Scope and Objects Regulated

State-owned drug rehabilitation centers are public service units under the Department of Labor, Invalids and Social Affairs, having legal personality, their own premises, seals, and separate bank accounts as prescribed by law. State-owned drug rehabilitation centers are directly supervised and managed by the Department of Labor, Invalids and Social Affairs in terms of professional and technical operations, organization, personnel, finance, and infrastructure.

Article 2. Legal Status

State-owned drug rehabilitation centers have the following functions: organizing compulsory drug rehabilitation; organizing voluntary drug rehabilitation; receiving drug users and addicts without stable residence; and conducting substitute therapy.

Article 3. Functions

State-run drug rehabilitation facilities shall have the functions including: organizing mandatory drug rehabilitation; organizing voluntary drug rehabilitation; receiving persons using drugs and drug addicts without stable residence; organizing substitute treatment.

Article 4. Tasks

1. Receiving, screening, evaluating, classifying, determining the addiction status, organizing treatment, detoxification, health recovery, regular health check-ups, enhancing physical strength through activities; treating physical and mental disorders and co-occurring diseases; caring for, advising, and treating people infected with HIV/AIDS and those suffering from tuberculosis; organizing substitute drug therapy for opiate addicts.

2. Organizing therapeutic activities, behavioral psychology, individual and group counseling; disseminating and educating laws on preventing and combating drugs, HIV/AIDS prevention, and implementing measures to prevent HIV/AIDS transmission at drug rehabilitation centers. Advising families of drug addicts on treatment, rehabilitation, management, and education within the family and community.

3. Organizing cultural education, vocational training, behavioral and character restoration education, raising awareness levels; organizing physical exercise, sports, and cultural and social activities for trainees; ensuring hygiene and labor safety according to the law; providing career guidance and coordinating with relevant agencies to implement support measures regarding capital, job creation, and participation in social activities in the community; organizing management, environmental protection, and security at drug rehabilitation centers and their surrounding areas.

4. Cooperating with businesses, organizations, and individuals to organize therapeutic labor, vocational training, and job creation.

5. Managing human resources, finance, and assets according to assigned levels and legal regulations. Updating data into the national database and reporting the operational situation of the drug rehabilitation center to the competent authority as prescribed.

6. Cooperating with agencies, organizations, and individuals to apply treatment and rehabilitation recovery methods.

7. Performing other tasks assigned by higher-level management authorities and in accordance with other legal provisions.

Article 5. Organizational Structure

1. The leadership of the drug rehabilitation center includes: Director and Deputy Director.

2. The organizational structure of the drug rehabilitation center shall be organized not exceeding five departments, including:

a) Treatment, Rehabilitation, and Health Recovery Department;

b) Counseling, Psychological Therapy, and Behavioral Restoration Education Department;

c) Therapeutic Labor, Vocational Training, and Community Integration Support Department;

d) Organization - Administrative - Accounting Department;

e) Trainee Management Department.

3. In addition to the departments specified in Clause 2 of this Article, based on the actual situation of the locality, the drug rehabilitation center may establish committees, zones, teams, and satellite points but must ensure the following requirements:

a) For drug rehabilitation centers with more than 500 trainees, teams can be established to manage trainees;

b) For drug rehabilitation centers establishing satellite points, they must meet the conditions stipulated in Decision No. 1640/QĐ-TTg dated August 18, 2016;

c) Drug rehabilitation centers establishing zones to manage trainees must comply with Resolution No. 98/NQ-CP dated December 26, 2014 of the Government on strengthening guidance for drug prevention, control, and rehabilitation work in new circumstances.

4. Based on the scale, characteristics of the target population in the locality, and guidelines in this Circular, the Director of the drug rehabilitation center shall develop a proposal on the organizational structure, specifically regarding the number and names of departments or committees, zones, teams, and satellite points within the center, report to the Department of Labor, Invalids, and Social Affairs, and submit to the People's Committee of the province or centrally-administered city (hereinafter referred to as provincial level) for consideration and decision.

Article 6. Job Position Framework

1. Group of job positions related to management and administrative tasks

b) Deputy Director;

c) Head of Department;

d) Deputy Head of Department.

d) Deputy Head of Department;

đ) Zone, Team, Point Heads (if applicable).

2. Group of job positions related to specialized and professional tasks

a) Treatment, health recovery;

b) Counseling, psychotherapy, behavioral rehabilitation education;

c) Social work;

d) Therapeutic labor, vocational training, cultural education;

đ) Resident management;

e) Other job positions as prescribed by law.

3. Group of job positions related to support and service tasks

a) Accounting, cashier, clerical work;

b) Administrative, general, management;

c) Driver, security guard.

4. Based on the functions, tasks, organizational structure, and list of job positions approved by the competent authority, each year, public drug rehabilitation centers shall develop plans for the number of staff, report to the Department of Labor - Invalids and Social Affairs for review and decision by the competent authority in accordance with the law.

Article 7. Staffing Standards

1. Public drug rehabilitation centers with fewer than 100 residents shall have a Director and 01 Deputy Director; public drug rehabilitation centers with 100 or more residents shall have a Director and not more than 02 Deputy Directors.

2. For public drug rehabilitation centers with fewer than 100 residents, specialized departments shall have a Head and 01 Deputy Head; for centers with 100 or more residents, specialized departments shall have a Head and not more than 02 Deputy Heads; centers that establish zones and teams may have a Zone Head, 01 Deputy Zone Head; Team Leader, 01 Deputy Team Leader, and other staff as prescribed.

3. Based on the characteristics of drug users, scale, and number of residents, staffing standards shall be determined according to the following principles:

a) For public drug rehabilitation centers with fewer than 100 residents: 01 (one) person manages at least 05 compulsory residents and 01 (one) person manages at least 07 voluntary residents.

b) For public drug rehabilitation centers with 100 to 500 residents: 01 (one) person manages at least 07 compulsory residents and 01 (one) person manages at least 09 voluntary residents.

c) For public drug rehabilitation centers with more than 500 residents: 01 (one) person manages at least 09 compulsory residents and 01 (one) person manages at least 11 voluntary residents.

4. The number of personnel engaged in management work as stipulated in Clause 1 of this Article shall not be included in the staffing standards prescribed in Clause 3 of Article 7 of this Circular.

Article 8. Implementation organization

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

a) Prescribing the functions, tasks, organizational structure, job positions, and number of staff of public drug rehabilitation centers in accordance with the guidelines set out in this Circular;

b) Directing relevant provincial departments and agencies to develop plans, ensure resources, submit to the Provincial People's Council for consideration and decision; inspect, supervise, and report periodically as prescribed;

c) Developing a plan to reorganize public drug rehabilitation centers according to the timeline to end in 2020 in accordance with this Circular. During the process of reorganization, the number of deputy heads of organizations and units resulting from mergers and consolidations may exceed the provisions of this Circular, but measures must be taken to adjust and reorganize the excess deputy heads within a maximum period of 03 years from the date of merger or consolidation, ensuring compliance with the provisions of this Circular.

2. Departments of Labor - Invalids and Social Affairs of provinces and centrally-administered cities shall be responsible for directing public drug rehabilitation centers to annually base the number of residents to develop and adjust the number of staff, submitting to the competent authority for decision.

3. Public drug rehabilitation centers shall be responsible for developing proposals for job positions and the number of staff of public drug rehabilitation centers in accordance with the guidelines of this Circular and current laws, reporting to the Department of Labor - Invalids and Social Affairs, and submitting to the Provincial People's Council for consideration and decision.

4. For provinces and centrally-administered cities establishing social facilities to accept drug users without stable residence during the time of filing for the court to consider and decide on mandatory rehabilitation, the Provincial People's Committee shall decide to apply the staffing standards as prescribed in Clause 3 of Article 7 of this Circular.

Article 9. Effective Date

1. This Circular takes effect from January 31, 2019.

2. Relevant agencies, units, organizations, and individuals shall be responsible for implementing this Circular.

3. Joint Circular No. 21/2008/TTLT-BLDTBXH-BNV dated October 8, 2008 of the Ministry of Labor - Invalids and Social Affairs and the Ministry of Home Affairs guiding the functions, tasks, authorities, organizational structures, and staffing standards of Rehabilitation Centers - Education - Social Work ceases to be effective from the date this Circular takes effect. 

In the course of implementation, if there are any issues arising or difficulties encountered, please reflect them to the Ministry of Labor - Invalids and Social Affairs for guidance and resolution in accordance with regulations./.