Joint Circular No. 28/2010/TTLT-BLDTBXH-BNV guiding the functions, tasks, powers, organizational structure, and staffing of the Post-Treatment Management Center for Drug Addicts

JOINT CIRCULAR

Guidelines on functions, tasks, powers, organizational structure, and staffing of

drug rehabilitation management centers Centre for Post-Detoxification Management of Narcotics

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Pursuant to Decree No. 94/2009/NĐ-CP dated October 26, 2009 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Drugs regarding post-rehabilitation management;

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

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Labor, Invalids and Social Affairs and the Ministry of Home Affairs hereby issue guidelines on the functions, tasks, powers, organizational structure, and staffing of drug rehabilitation management centers as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of Regulation and Applicability

Article 1. This joint circular provides guidelines on the functions, tasks, powers, organizational structure, and staffing of drug rehabilitation management centers.

Article 2. This joint circular applies to drug rehabilitation management centers; social education-labor training centers with post-rehabilitation management functions established by provincial People's Committees according to the provisions of the law.

Article 2. Position and function of the Center

Clause 1. The drug rehabilitation management center (hereinafter referred to as the Center) is a public service unit under the Department of Labor, Invalids and Social Affairs, having the function of organizing and implementing post-rehabilitation management, counseling, and assistance to stabilize the psychology and health of individuals after drug rehabilitation; preventing relapse; organizing cultural and vocational education; organizing productive labor, and supporting individuals after drug rehabilitation to prepare for reintegration into society.

Clause 2. The Center operates under a self-management mechanism, bearing responsibility for its tasks, organizational structure, staffing, and finances as a public service unit in accordance with the law.

Clause 3. Civil servants and officials working at the Center shall enjoy allowances as prescribed in Decree No. 114/2007/NĐ-CP dated July 3, 2007 of the Government on allowance regulations for cadres and officials working at drug rehabilitation management facilities, brothel workers, and individuals after drug rehabilitation.

Clause 4. The Center has legal personality, possesses a seal, bank account, independent premises, and is subject to the direction and management of the Department of Labor, Invalids and Social Affairs regarding organization, staffing, and operations; it is also subject to professional guidance and supervision by the Ministry of Labor, Invalids and Social Affairs.

II. SPECIFIC PROVISIONS

Article 3. Tasks and Powers of the Center

Clause 1. Receive, manage, care for, treat, counsel, and assist individuals after drug rehabilitation to stabilize their psychology and health, prevent relapse, organize vocational training; cooperate, link, or coordinate with organizations, individuals, and enterprises to organize productive labor, support job placement, and generate income.

Clause 2. Collaborate with local social organizations, vocational training centers, employment referral centers, social education-labor training centers under the Department of Labor, Invalids and Social Affairs, continuing education centers under the Department of Education and Training, and vocational schools within the province to organize cultural and vocational education, productive labor, and job placement counseling for individuals after drug rehabilitation.

Clause 3. Organize educational activities, behavior recovery, and character development; organize physical exercise, cultural, and artistic activities, and social activities for individuals after drug rehabilitation to change their perceptions and behaviors, creating conditions for community reintegration.

Clause 4. Organize propaganda, counseling, and support for individuals after drug rehabilitation, prevention of relapse, and other diseases; provide information, propaganda, education, and implement measures to prevent HIV/AIDS transmission; monitor and evaluate the learning and behavioral recovery process of individuals after drug rehabilitation.

Clause 5. Implement projects related to employment, poverty reduction, and other socio-economic programs linked to vocational training, productive labor, and treatment for individuals after drug rehabilitation.

Clause 6. Manage and protect the environment at the Center; integrate environmental protection tasks into the Center’s programs, plans, and activities, and those of the locality.

Clause 7. Coordinate with relevant agencies to manage, protect, and maintain social order and safety at the Center.

Clause 8. Organize professional training and capacity building for civil servants and officials of the Center in accordance with the law.

Clause 9. Manage the financial resources and assets of the Center in accordance with the law and the delegation of the provincial People's Committee.

Clause 10. International cooperation within the scope of assigned activities.

Clause 11. Carry out information and regular reporting, as well as urgent reporting on the implementation of assigned tasks in accordance with the law.

Clause 12. Develop annual, five-year plans, and measures to implement these plans.

Clause 13. Perform other tasks assigned by higher-level management authorities and in accordance with the law.

Article 4. Organizational Structure and Staffing

1. Leadership of the Center

a) The Center shall have a Director and not more than three Deputy Directors.

b) The Director is the head of the Center, responsible to the Chairman of the Provincial People's Committee, the Director of the Department of Labor, Invalids and Social Affairs, and to the law for all activities of the Center.

c) The Deputy Directors assist the Director in managing the Center’s operations; they are responsible to the Director and to the law for the tasks assigned to them; when the Director is absent, one Deputy Director authorized by the Director shall manage the Center’s operations.

d) The appointment of the Director and Deputy Directors of the Center shall be carried out according to the分级制度由省级人民委员会分级管理；中心主任和副主任的专业和技术标准按照劳动和社会事务部2003年12月8日第1613/2003/QĐ-LĐTBXH号决定关于发布处理行政违法行为的医疗机构领导职务任命标准以及现行法律规定执行。

The removal, dismissal, commendation, disciplinary action, and other systems for the Director and Deputy Directors of the Center shall be implemented in accordance with the provisions of the law.

2. Structure

a) The Center's departments and divisions include the Organization - Administrative - General Department and various specialized departments. Based on the scale and field of operation of the Center, the Chairman of the Provincial People's Committee decides the number of specialized departments suitable but not exceeding four departments. The structure of each department includes a Head, not more than two Deputy Heads; the number of civil servants in each department is determined based on its functions, tasks, job positions, and civil servant titles stipulated by the competent authority.

b) The Organization - Administrative - General Department is established to perform organizational, administrative, general, statistical system implementation, reporting, competition, documentation, archiving, asset and financial management, and other common activities serving the Center's operations.

c) The specialized departments of the Center are established and organized in accordance with the scale and field of operation of the Center, specifically: behavioral rehabilitation education - anti-relapse; vocational training - productive labor; healthcare; protection.

3. Principles for determining the total staffing quota of the Center are based on the scale, field of operation of the Center, and the specific number of managed subjects.

a) For Centers with from 200 to less than 400 subjects, the quota is set at one staff member managing from six to seven subjects;

b) For Centers with from 400 to 700 subjects, the quota is set at one staff member managing from eight to nine subjects;

c) For Centers with 700 or more subjects, the quota is set at one staff member managing from nine to ten subjects;

d) For Rehabilitation - Education - Social Work Centers tasked by the Provincial People's Committee to implement post-rehabilitation management, the staffing quota is determined based on the number of managed subjects as follows:

- For fewer than 40 subjects, the staffing quota is set at no more than ten staff members;

- For from 40 to less than 200 subjects, the quota is set at one staff member managing four to five subjects.

Based on the scale of subject management of the Center, the Department of Labor, Invalids and Social Affairs will notify the Center of the staffing quota at the beginning of the year to establish socio-economic targets.

Article 5. For provinces and centrally governed cities that do not establish a Center

1. The Department of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Department of Home Affairs and relevant units to develop a proposal for establishing an organization in a separate area to manage individuals after drug rehabilitation at the Drug Treatment - Education - Social Labor Center, to be submitted to the Provincial People's Committee for approval.

2. The Drug Treatment - Education - Social Labor Center, which has the function of managing individuals after drug rehabilitation, shall establish a post-release management room and assign an associate director to oversee the implementation of management functions, counseling, cultural education, vocational training; organize productive labor and support individuals after drug rehabilitation to prepare conditions for reintegration into society.

3. The organizational structure of the Post-Release Management Room includes a Head, no more than two Deputy Heads, and other staff members.

III. IMPLEMENTATION PROVISIONS

Article 6. Effectiveness

This Circular takes effect 45 days from the date of issuance.

Article 7. Implementation Organization

1. The Provincial People's Committee shall be responsible

a) Directing the Director of the Department of Labor, Invalids, and Social Affairs to take the lead and coordinate with the Director of the Department of Home Affairs:

- To develop a proposal for establishing a Post-Release Management Center to be submitted to the Chairman of the Provincial People's Committee for approval;

- To issue a Decision stipulating the functions, tasks, and organizational structure of the Centers in accordance with this Joint Circular;

- To develop annual staffing plans for civil servants and public employees of the Centers to be submitted to the competent authority as prescribed.

b) Directing the Department of Labor, Invalids, and Social Affairs and related agencies to guide and inspect the Centers' implementation of legal regulations on personnel management mechanisms, recruitment, utilization, and management of civil servants and public employees; ensuring that the civil servant and public employee workforce has specialized qualifications, accumulates experience, and avoids unnecessary transfers; specifically delegating powers so that the Centers can exercise autonomy and responsibility in performing their functions, tasks, staffing, and finances for public service units.

2. The funds to implement the staffing standards specified in this Joint Circular shall be managed according to the current budgetary hierarchy and the local budget capacity. During implementation, if any issues arise or difficulties occur, the Provincial People's Committee, relevant agencies, and units are advised to report to the Ministry of Labor, Invalids, and Social Affairs for coordination with the Ministry of Home Affairs to consider and resolve according to their authority.

During implementation, if any issues arise or difficulties occur, the Provincial People's Committee, relevant agencies, and units are advised to report to the Ministry of Labor, Invalids, and Social Affairs for coordination with the Ministry of Home Affairs to consider and resolve according to their authority./

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