Joint Circular No. 27/2012/TTLT-BTC-BLDTBXH stipulates the management and use of funds for implementing the regime of applying measures to admit individuals into medical facilities, contribution and support regimes for individuals in medical facilities and organizations providing drug rehabilitation at home and in the community.

JOINT CIRCULAR

Regulations on managing and using funds to implement the regime of applying measures for admission to treatment facilities, contribution and exemption, reduction, and support for subjects in treatment facilities and drug rehabilitation organizations at home and in the community.

Measures for management and use of funds to implement the regime of applying measures for admission to treatment facilities, contributions, and exemptions, reductions, and support for subjects in treatment facilities and drug rehabilitation organizations at home and in the community.

Drug rehabilitation organizations at home and in the community.

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government stipulating the regime of applying measures for admission to treatment facilities, the operation of the Center under the Ordinance on Handling Administrative Violations and the regime applicable to minors and voluntary patients admitted to treatment facilities, and Decree No. 61/2011/NĐ-CP dated July 26, 2011 of the Government amending and supplementing certain Articles of Decree No. 135/2004/NĐ-CP (hereinafter referred to as Decree No. 61/2011/NĐ-CP).

Pursuant to Decree No. 43/2005/NĐ-CP dated April 5, 2005 of the Government stipulating the temporary accommodation of drug addicts and prostitutes without fixed residence in treatment facilities (hereinafter referred to as Decree No. 43/2005/NĐ-CP).

Pursuant to Decree No. 94/2010/NĐ-CP dated September 9, 2010 of the Government stipulating family-based and community-based drug rehabilitation.

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs.

The Minister of Finance and the Minister of Labor, Invalids, and Social Affairs issue this Joint Circular to regulate the management and use of funds to implement the regime of applying measures for admission to treatment facilities, contributions, and exemptions, reductions, and support for subjects in treatment facilities and drug rehabilitation organizations at home and in the community.

Section 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the scope of application, implementation funds; contents and expenditure levels for the work of applying measures for admission to the Center for Treatment-Education-Social Labor (hereinafter referred to as the Center); contributions and exemption regimes; support during the execution of decisions on admission to the center and temporary accommodation at the center; contents and expenditure levels for organizing family-based and community-based rehabilitation; contribution and exemption, support for drug withdrawal medication costs.

Article 2. Applicability

1. The Center, agencies, and organizations using state budget funds for the implementation and enforcement of measures for admission to the Center; participating in family-based and community-based drug rehabilitation work.

2. Juvenile prostitutes who are admitted to the Center for compulsory treatment and rehabilitation.

3. Drug addicts and prostitutes undergoing compulsory treatment and rehabilitation at the Center.

4. Drug addicts and prostitutes voluntarily undergoing treatment and rehabilitation at the Center.

5. Drug addicts aged 12 years or older caught using drugs illegally without a fixed residence.

6. Prostitutes aged 16 to 55 years old caught engaging in prostitution or regularly engaging in prostitution without a fixed residence.

7. Drug addicts undergoing treatment and rehabilitation at home and in the community.

1. The funding for the implementation of the policy on exemption and subsidy of tuition fees shall be guaranteed by the state budget in accordance with the provisions of the law on the decentralization of budget management.

1. Funds for implementing the regime of applying measures for admission to the Center, supporting and exempting costs for the subjects specified in this Circular are guaranteed from the social security budget according to current state budget classification. The establishment, consolidation, allocation, distribution, settlement, and auditing of funds for implementing the regime stipulated in this Circular shall be carried out in accordance with the State Budget Law and related guiding documents.

2. Funds for preparing files to transfer subjects currently serving measures at the Center to educational institutions; searching for subjects who have escaped from the Center; supporting and exempting costs for the subjects specified in Section 2 are allocated within the social security budget of the Center. Annually, along with the time specified for establishing the state budget, the Center bases on the support regime for drug addicts and prostitutes stipulated in Clause 1, Article 7 of this Circular and the amounts to be exempted and reduced for subjects as stipulated in Article 6 of this Circular, and the number of prostitutes and drug addicts undergoing treatment and rehabilitation at the Center, to establish a budget together with the Center's regular expenses and submit it to the competent authority for approval.

3. Funds for preparing files to admit subjects to the Center, funds for implementing the support regime for drug addicts undergoing family-based and community-based rehabilitation; expenses for organizing family-based and community-based rehabilitation are allocated within the social security budget of the commune, ward, town. The People's Committee of the commune bases on the expenditure levels stipulated in Article 8 of this Circular; the support amounts stipulated in Article 11 and the amounts to be exempted and reduced for subjects as stipulated in Article 10 of this Circular; the number of drug addicts undergoing family-based and community-based rehabilitation, to establish a budget together with the annual commune budget for submission to the competent authority for approval.

4. Funds for reviewing files, implementing the expenditure regime for the work of applying measures for admitting subjects to the Center, and transferring subjects in the Center to educational institutions as stipulated in Article 4 of this Circular are allocated within the regular budget of the district.

5. Funds for ensuring regular operational expenses, investment, and renovation of the Center's infrastructure, and investment in infrastructure for community-based drug rehabilitation centers are implemented according to the state budget classification of the State Budget Law.

Section 2

CONTENTS AND EXPENDITURE LEVELS FOR THE WORK OF APPLYING MEASURES FOR ADMISSION TO THE CENTER; CONTRIBUTIONS AND EXEMPTION, REDUCTION, AND SUPPORT REGIMES DURING THE EXECUTION OF DECISIONS ON ADMISSION TO THE CENTER AND TEMPORARY ACCOMMODATION AT THE CENTER.

Article 4. Contents and Maximum Expenditure for Implementing Measures to Place Individuals in the Center

1. Expenditure on establishing files for applying measures to place individuals in the Center: maximum expenditure of VND 150,000 per file.

2. Expenditure on establishing files for transferring individuals currently implementing measures at the Center to educational facilities or rehabilitation schools as stipulated in Clause 9, Article 1 of Decree No. 61/2011/NĐ-CP: maximum expenditure of VND 100,000 per file.

3. Expenditure on convening the Advisory Council to review files for applying measures to place individuals in the Center:

a) Chairman of the council: VND 150,000 per person per session

b) Members of the council and secretary: VND 100,000 per person per session

c) Expenditure on drinking water for participants. The level of expenditure shall be in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, which stipulates the travel expenses system and the regulations on organizing conferences for state agencies and public service units (hereinafter referred to as Circular No. 97/2010/TT-BTC).

4. Expenditure on placing individuals in the Center; searching for individuals who have been ordered to be placed in the Center but fled before being placed there; searching for individuals who have fled from the Center:

a) Expenditure for individuals assigned the task of placing individuals in the Center; searching for individuals who have fled:

- Travel expenses: Content and level of expenditure in accordance with Circular No. 97/2010/TT-BTC. In addition to travel expenses, during the period of searching for individuals who have fled, a daily allowance of VND 100,000 per person per day will be provided.

- Night shift and overtime allowances: the level of expenditure shall be implemented in accordance with Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005, jointly issued by the Ministry of Home Affairs and the Ministry of Finance, guiding the implementation of night work and overtime pay systems for civil servants and public officials.

b) Food allowance for individuals during the journey: VND 40,000 per day, sleeping allowance (if applicable) according to the level stipulated in Circular No. 97/2010/TT-BTC.

c) Transportation costs or rental fees for transportation means. The level of expenditure shall be based on the local transport fare or actual costs (if the unit arranges its own transportation means) or the rental contract (if renting from outside).

Article 5. Contributions

1. The individual subject to the measure of placement in the Center or their family has the responsibility to contribute part of the food expenses as prescribed by the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee), except in cases where they are exempted or reduced in accordance with Article 6 of this Circular.

2. Individuals voluntarily residing in the Center must contribute all expenses during their stay in the Center (except in cases where they are exempted or reduced in accordance with the regulations of the provincial people's committee), including the following expenses:

a) Food expenses;

b) Drug support for withdrawal symptoms and other common medications;

c) Drug testing and other tests;

d) Cultural and sports activities;

d) Cultural education and vocational training (if the individual requests);

e) Electricity, water, sanitation;

g) Contributions for building infrastructure;

h) Service and management.

The Department of Labor, Invalids, and Social Affairs shall coordinate with the Department of Finance to report to the provincial people's committee for consideration and decision on the contribution levels based on ensuring sufficient expenses.

Article 6. Exemption and Reduction System

1. Individuals subject to the measure of placement in the Center:

a) Exempted from contributing food expenses during the execution of the decision in the following cases:

- Individuals from poor households or families with preferential policies under the Preferential Treatment Ordinance for Persons Contributing to the Revolution.

- Minors.

- Individuals infected with HIV/AIDS.

- Individuals without a fixed residence.

b) Reduced by 50% in food contribution expenses during the execution of the decision for individuals from near-poor households.

2. Individuals voluntarily residing in the Center: The object is exempted or reduced; the level of exemption or reduction in treatment and detoxification costs is regulated by the provincial people's committee.

3. Procedures for exemption and reduction are regulated by the provincial people's committee.

2. Depending on specific local conditions, the Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Department of Finance to report to the People's Council at the provincial level for consideration and decision on higher support levels compared to the provisions of Clause 1 of this Article.

1. Individuals subject to the measure of placement in the Center (including minors) and individuals without a fixed residence temporarily residing in the Center are supported with the following items:

a) Food:

- A partial food subsidy of VND 15,000 per person per day for individuals subject to the measure of placement in the Center during the execution of the decision.

- Full food subsidy of VND 30,000 per person per day for individuals from poor households, families with preferential policies under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, individuals infected with HIV/AIDS, individuals without a fixed residence during the execution of the decision.

b) Medical expenses:

- For drug users, a subsidy for withdrawal support drugs, emergency care, testing costs, and treatment of other opportunistic diseases: VND 650,000 per person per execution of the decision.

- For sex workers, a subsidy for treatment of sexually transmitted diseases, common medications, testing, and other medical expenses: VND 300,000 per person per execution of the decision.

- In cases where sex workers are also drug users, a subsidy for treatment and withdrawal support drugs: VND 950,000 per person per execution of the decision.

During the execution of the decision or temporary residence in the Center, if drug users or sex workers suffer work-related injuries and are promptly treated until stable, in cases of severe illness or serious disease beyond the Center's treatment capacity requiring transfer to a state hospital, the cost of hospitalization examination and treatment shall be borne by the individual or their family. If the Center has prepaid these costs, the individual or their family must reimburse them. For individuals from poor households, families with preferential policies under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, temporary residents, and those without relatives, the Center will fully cover the cost of hospitalization examination and treatment. For individuals from near-poor households, the Center will cover 50% of the cost of hospitalization examination and treatment. In cases where individuals have valid health insurance cards, they can receive examination and treatment in accordance with the Health Insurance Law and related implementing regulations.

c) Purchase of essential personal living items: VND 400,000 per person per year or per execution of the decision for individuals whose decision execution period is less than one year.

As for temporary residents, during their temporary residence period, they may use personal clothing, quilts, and mosquito nets. In cases where temporary residents lack clothing, quilts, and mosquito nets, the Center will purchase such items based on the number of temporary residents to lend them.

As for minors, personal items will be provided according to the following regulations: They can lie on separate beds or wooden floors with mats and mosquito nets. Southern facilities provide each person with one blanket. Northern facilities provide each person with a two-kilogram cotton quilt and a warm coat. Annually, each person receives two mats, two sets of long clothes, one uniform set, two undergarment sets, two face towels, two pairs of plastic sandals, two toothbrushes, one raincoat, and one hard hat. Quarterly, each person receives a 90-gram tube of toothpaste and one kilogram of soap.

d) Costs for cultural and sports activities: VND 50,000 per person per year or per enforcement decision for individuals whose decision execution period is less than one year.

đ) Educational and behavioral rehabilitation costs: According to Circular Joint No. 01/2006/TTLT-BLDTBXH-BGD&ĐT-BYT dated January 18, 2006, issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, and the Ministry of Health, guiding the teaching of culture and behavioral rehabilitation education for drug addicts, prostitutes, and post-drug rehabilitation individuals.

e) Vocational training costs: Individuals subject to placement in the Center who have not undergone vocational training and wish to participate in vocational training shall be supported up to a maximum of VND 2,000,000 per person per course. The specific support amount will be determined based on the type of training and actual training duration; individuals subject to placement in the Center for the second time or more will not be supported.

- Forms of support:

+ For vocational training organized directly by the Center, the Center will cover the following expenses: Opening and closing ceremonies, issuance of vocational certificates; purchasing study materials and textbooks; remuneration for theoretical and practical instructors; support for raw materials and equipment for training; editing and compiling training programs and textbooks (if necessary); electricity and water costs for classes; repair and maintenance of training equipment; rental fees for training equipment (if necessary); management costs for classes not exceeding 5% of the total training budget.

+ For vocational training outside the Center, the Center will consider providing short-term training cost support to individuals subject to placement in the Center based on the appropriate tuition fees for each profession.

- Based on the level and capacity of individuals subject to placement in the Center, the material conditions of the Center, and the actual situation, the Director of the Center will decide on the appropriate form of vocational training.

g) Female hygiene costs: VND 20,000 per person per month.

h) Electricity and water costs for living: VND 70,000 per person per month.

i) Food allowance and transportation costs: Individuals subject to placement in the Center, upon completion of their decision execution and returning to the community, if their families are in difficult circumstances or they themselves have no income from labor results at the Center and their residential address is clearly defined, will be subsidized the following amounts when returning home:

- Food allowance is VND 40,000 per person per day during travel days, with a maximum of five days;

- Transportation costs according to public transport prices.

k) Job search financial support:

- Eligibility for support: Individuals subject to placement in the Center, after completing their decision execution at the Center and returning to their localities, have shown significant progress, committed to not reoffending, and are unemployed; they or their families belong to poor households or policy families according to the Law on Preferential Treatment for Persons Contributing to the Revolution.

- Based on the application for job search financial support submitted by individuals who have completed their decision execution at the Center and returned to their localities, the People's Committee of the district, town, city, or provincial capital will consider and subsidize once for self-employment and livelihood stabilization, VND 1,000,000 per person.

- Individuals subject to placement in the Center who are still minors upon completion of their decision execution will not receive this subsidy.

l) Funeral costs: Individuals subject to placement in the Center, temporary residents undergoing treatment or detoxification who die at the Center without relatives or whose relatives cannot arrive in time, or those who die due to work accidents, the Center is responsible for funeral arrangements. The funeral cost is VND 3,000,000 per person. In cases requiring forensic examination to confirm the cause of death, the Center will pay the forensic examination costs according to current state regulations.

m) For individuals subject to placement in the Center, voluntary participants, and temporary residents infected with HIV/AIDS, additional medication costs, costs for purchasing anti-infection items, and other supportive costs (excluding food and medical treatment and detoxification costs) will be provided according to Decision No. 96/2007/QĐ-TTg dated June 28, 2007, issued by the Prime Minister regarding the management, care, counseling, and treatment of HIV-infected individuals and prevention of HIV transmission in educational institutions, correctional schools, Centers, social welfare facilities, prisons, detention centers, and related guidance documents.

2. The support levels specified in Clause 1 of this Article are minimum levels; depending on the specific conditions of the locality, the Department of Labor, Invalids, and Social Affairs will coordinate with the Department of Finance to report to the Provincial People's Committee for consideration and determination of appropriate support levels.

Section 3

CONTENT AND EXPENSE LEVELS FOR ORGANIZING DRUG DETOXIFICATION AT HOME AND IN THE COMMUNITY; CONTRIBUTION REGIMES AND EXEMPTIONS, SUPPORT FOR DRUG DETOXIFICATION MEDICATION COSTS

Article 8. Content and level of expenditure for organizing drug rehabilitation at home and in the community

1. Costs for establishing and reviewing voluntary detoxification files in households and communities; establishing compulsory detoxification files in communities: 30,000 VND per file.

2. Expenditure for convening review meetings to examine and approve applications for mandatory drug rehabilitation in the community:

a) Participants 50,000 VND per person per session.

b) Water expenses for participants. Expense level according to Circular No. 97/2010/TT-BTC.

3. Support expenses for members of the drug rehabilitation work team (established by the Chairman of the People's Committee of the commune) when participating in treatment, management, protection, counseling, and support for drug rehabilitation participants as follows:

a) Management support expenses: office supplies, printing of files, purchasing of books and equipment to serve monitoring, statistics, listing, and managing files of drug rehabilitation participants. The actual payment amount will be based on the approved budget by the competent authority.

b) Support expenses for staff participating in treatment, management, and protection of drug rehabilitation participants during concentrated mandatory detoxification treatment in the community at a rate of VND 50,000 per person per day.

c) Support expenses for staff assigned to provide psychological and social counseling to drug rehabilitation participants as follows:

- VND 50,000 per counseling session per drug rehabilitation participant;

- VND 70,000 per counseling session per group of drug rehabilitation participants (two or more people).

d) Support expenses for staff monitoring and managing drug rehabilitation participants at home and in the community: specific support levels and number of staff shall be determined by the Director of the Department of Labor, Invalids, and Social Affairs, upon submission to the Chairman of the Provincial People's Committee, in accordance with the actual conditions regarding the number of drug users at home and in the community and the geographical conditions of each commune, ward, and town, but the maximum level is VND 350,000 per person per month.

4. Transportation costs for transporting drug users from their place of residence to centralized detoxification facilities in the community (if applicable). The cost will be based on local transportation rates or actual costs (if the unit arranges its own transport) or rental contracts (if renting from outside).

Article 9. Contributions

1. Drug users undergoing mandatory rehabilitation in the community or the family of drug users have the responsibility to contribute to the costs during the rehabilitation period (except for certain contributions provided for in Article 11 of this Circular), including:

a) Health examination fees; testing for drug detection and other tests necessary for preparing for detoxification treatment;

b) Medication costs for treating withdrawal symptoms;

c) Food costs during concentrated rehabilitation periods at treatment facilities;

d) Costs for educational activities, behavioral and character recovery, vocational training, and job creation for persons after rehabilitation (if applicable).

2. Specific contribution levels shall be determined by the Department of Labor, Invalids, and Social Affairs, in coordination with the Department of Finance, upon submission to the Provincial People's Committee for consideration and decision-making, ensuring sufficient funding and suitability to the actual situation of each locality.

Article 10. Exemption and Reduction System

Drug users undergoing mandatory rehabilitation in the community may be exempted or partially reduced in costs during the concentrated rehabilitation period in the community according to the regulations of the Provincial People's Committee.

Article 11. Support System

1. Drug users voluntarily undergoing rehabilitation at home and in the community who belong to poor households, policy families under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, persons under social assistance, and persons with disabilities shall be supported with a one-time medication cost for detoxification treatment at VND 400,000 per person per execution of the decision.

2. Drug users undergoing mandatory rehabilitation in the community who belong to poor households, policy families under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, persons under social assistance, and persons with disabilities shall be supported with the following items:

a) Medication costs for treating withdrawal symptoms: 400,000 VND per person per execution of the decision;

b) Food costs during concentrated rehabilitation: 40,000 VND per person per day, with a maximum duration not exceeding 15 days.

3. The subsidy levels specified in Clause 1 and 2 of this Article are the minimum levels; depending on the specific conditions of the locality, the Department of Labor, Invalids, and Social Affairs, in coordination with the Department of Finance, shall report to the Provincial People's Committee for consideration and decision-making on appropriate support levels.

Section 4

IMPLEMENTING PROVISIONS

Article 12. Effective Date

1. This Circular takes effect from April 10, 2012, and replaces Joint Circular No. 117/2007/TTLT-BTC-BLDTBXH dated October 1, 2007, guiding responsibilities for contributions and subsidy systems for drug users, prostitutes, and Joint Circular No. 17/2008/TTLT-BTC-BLDTBXH guiding amendments and supplements to Joint Circular No. 117/2007/TTLT-BTC-BLDTBXH dated October 1, 2007, issued by the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs.

2. During implementation, if there are difficulties or obstacles, units and localities are requested to reflect these issues to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs for research and appropriate amendments./.