This Circular stipulates the functions, tasks, organizational structure, and job positions of public drug rehabilitation centers. It also sets standards for specialized civil servants managing trainees and provides guidance on recruitment, appointment of occupational titles, and salary grading for civil servants in this field. The Circular takes effect from February 15, 2023.
Scope of application
Public drug rehabilitation centers and organizations, individuals related to the activities of these centers.
Key points
- Regulations on functions, tasks, organizational structure, and job positions of public drug rehabilitation centers.
- Standards for specialized civil servants managing trainees.
- Guidance on recruitment, appointment of occupational titles, and salary grading for civil servants in this field.
- Effective date: February 15, 2023.
- Requirements for transitioning for civil servants who have not met the training qualification standards.
🌐 Social impact of this document
- Improving the quality of operations of public drug rehabilitation centers.
- Ensuring rights for civil servants in this field.
- Enhancing management and operational efficiency of competent authorities.
❓ Frequently asked questions
Which consolidated documents does this Circular replace?
This Circular replaces Decision No. 1614/2003/QĐ-BLDTBXH, Circular No. 14/2014/TT-BLDTBXH, Circular No. 25/2018/TT-BLDTBXH, and Decision No. 60/2008/QĐ-BLDTBXH.
How will civil servants who have not met the training qualification standards be handled?
Civil servants may participate in training and development to meet the standards or continue working if there is no need for training. In cases where civil servants do not meet the standards and have no need for training, the drug rehabilitation center will report to the Department of Labor, Invalids, and Social Affairs to arrange suitable work or terminate their employment.
Full text
CIRCULAR
Guidelines on establishment, dissolution; organization of activities,
framework of job position catalogues and staffing norms; internal regulations,
rules; code numbers, occupational standards for specialized civil servants in charge of managing drug rehabilitation clients;
attire for civil servants and employees
at public drug rehabilitation facilities
Pursuant toLaw on Prevention and Control of Narcoticsdated March 30, 2021;
Pursuant toDecree No. 62/2022/NĐ-CPdated September 12, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
Pursuant toDecree No. 106/2020/NĐ-CPdated September 10, 2020 of the Government stipulating job positions and staffing levels in public service units;
Pursuant toDecree No. 115/2020/NĐ-CPdated September 25, 2020 of the Government stipulating recruitment, utilization, and management of civil servants;
Pursuant toDecree No. 120/2020/NĐ-CPdated October 7, 2020 of the Government stipulating establishment, restructuring, and dissolution of public service units;
Pursuant toDecree No. 204/2004/NĐ-CPdated December 14, 2004 of the Government stipulating salary system for cadres, civil servants, civil servants, and armed forces;Decree No. 117/2016/NĐ-CPdated July 21, 2016 of the Government amending and supplementing certain articles ofDecree No. 204/2004/NĐ-CPdated December 14, 2004 of the Government stipulating salary system for cadres, civil servants, civil servants, and armed forces;
Pursuant toDecree No. 116/2021/NĐ-CPdated December 21, 2021 of the Government detailing certain provisions of the Law on Prevention and Control of Narcotics, the Law on Administrative Violation Handling regarding drug rehabilitation and post-rehabilitation management;
Based on the consensus opinion of the Ministry of Home Affairs;
At the proposal of the Director of the Department of Social Evils Prevention and Control;
The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the establishment, dissolution; organization of activities, framework of job position catalogues and staffing norms; internal regulations, rules; code numbers, occupational standards for specialized civil servants in charge of managing drug rehabilitation clients; attire for civil servants and employees at public drug rehabilitation facilities.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. Establishment, dissolution, functions, tasks, organization of activities, framework of job position catalogues and staffing norms of public drug rehabilitation facilities.
2. Development of internal regulations and rules of public drug rehabilitation facilities; model internal regulations and rules, including: internal regulations of public drug rehabilitation facilities; rules on management, assessment of learning outcomes, drug rehabilitation results, rewards, and disciplinary actions for drug rehabilitation clients; rules on visiting, receiving letters, money, and gifts from relatives of drug rehabilitation clients.
3. Code numbers, occupational standards, conditions for examination or evaluation for promotion, content and form of evaluation for promotion, appointment, and classification of occupational standards for specialized civil servants in charge of managing drug rehabilitation clients at public drug rehabilitation facilities.
4. Attire, management, and use of attire for civil servants and employees at public drug rehabilitation facilities.
Article 2. Applicability
1. Public drug rehabilitation facility.
2. Civil servants and employees working at public drug rehabilitation facilities.
3. Drug rehabilitation client, family of drug rehabilitation client at public drug rehabilitation facilities.
4. Other related agencies, organizations, and individuals.
Article 3. Establishment of State-run Drug Rehabilitation Centers
1. The People's Committee of the province shall decide on the establishment of State-run Drug Rehabilitation Centers; define the functions, tasks, powers, and organizational structure of State-run Drug Rehabilitation Centers in accordance with Clause 1 of Article 24 of Decree No. 120/2020/ND-CP dated October 7, 2020 of the Government on the establishment, restructuring, and dissolution of public service units, and in compliance with the approved industry development plan by the competent authority.
2. The establishment of State-run Drug Rehabilitation Centers must meet the conditions stipulated in Clause 1 of Article 5 of Decree No. 120/2020/ND-CP and the conditions stipulated in Articles 6, 7, and 8 of Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government detailing certain provisions of the Law on Prevention and Control of Drugs and the Law on Handling Administrative Violations regarding drug rehabilitation and post-rehabilitation management.
3. The procedures for establishing State-run Drug Rehabilitation Centers shall be carried out in accordance with Decree No. 120/2020/ND-CP.
Article 4. Dissolution of State-run Drug Rehabilitation Centers
1. The dissolution of State-run Drug Rehabilitation Centers shall be implemented when one of the conditions stipulated in Clause 3 of Article 5 of Decree No. 120/2020/ND-CP is met.
2. A State-run Drug Rehabilitation Center may only proceed with dissolution after completing financial obligations, property, land, loans, debts, and other related issues (if any), and obtaining written confirmation from the competent authority.
3. The procedures for dissolving State-run Drug Rehabilitation Centers shall be carried out in accordance with Decree No. 120/2020/ND-CP.
Chapter II
ORGANIZATION OF OPERATIONS, POSITION CLASSIFICATION, AND STAFFING LEVELS OF DRUG REHABILITATION CENTERSEMPLOYMENT, FIXED NUMBER OF WORKERS OF THE DRUG DETOXIFICATION FACILITYLEGAL DRUG DETOXIFICATION CENTER
Article 5. Functions of State-run Drug Rehabilitation Centers
1. Organize drug rehabilitation for individuals subject to compulsory placement in drug rehabilitation centers under the Law on Handling Administrative Violations, and individuals aged 12 to under 18 years old subject to compulsory drug rehabilitation under the Law on Prevention and Control of Drugs.
2. Manage drug users during the period of preparing files for compulsory placement in drug rehabilitation centers as prescribed by the Law on Handling Administrative Violations and the Law on Prevention and Control of Drugs.
3. Provide drug rehabilitation services to voluntary drug rehabilitation seekers.
4. Conduct assessments of drug addiction status.
Article 6. Tasks and Powers
1. Organize drug rehabilitation for individuals subject to compulsory placement in drug rehabilitation centers at the center:
a) Develop and implement drug rehabilitation procedures in accordance with the law for mandatory rehabilitation and drug rehabilitation service provision procedures for voluntary rehabilitation seekers;
b) Receive, classify subjects; provide counseling and develop rehabilitation plans for drug rehabilitation seekers;
c) Organize activities for detoxification, treatment of mental disorders, and other illnesses, support physical and mental health recovery, and other functions for drug rehabilitation seekers;
d) Implement educational, counseling, therapeutic, and functional rehabilitation activities concerning behavior, personality, and other disorders for drug rehabilitation seekers;
đ) Organize labor therapy activities, vocational training, or coordinate with centers or facilities meeting the conditions to organize cultural and vocational education for drug rehabilitation seekers in accordance with the law, linked to job creation projects, poverty reduction programs, and other socio-economic programs suitable to local economic structures; provide career guidance for drug rehabilitation seekers to find employment and adapt to social life upon returning to the community;
e) Organize cultural classes for individuals subject to compulsory placement in drug rehabilitation centers in accordance with regulations of the Ministry of Education and Training;
g) Connect, advise, and promote participation in post-rehabilitation management programs suitable for drug rehabilitation seekers to receive livelihood support and other social supports; guide and advise families of drug rehabilitation seekers on managing and educating them at home and in the community;
h) Evaluate the implementation results of rehabilitation plans according to objectives; assess the physical and mental health status of drug rehabilitation seekers; equip them with necessary knowledge and skills to reintegrate into society.
2. Manage drug users during the period of preparing files for compulsory placement in drug rehabilitation centers under the Law on Handling Administrative Violations and the Law on Prevention and Control of Drugs:
a) Receive and manage drug users during the period of preparing files for compulsory placement in drug rehabilitation centers;
b) Organize detoxification treatment and treatment of mental disorders and other illnesses;
c) Carry out educational and counseling activities for individuals during the period of preparing files for compulsory placement in drug rehabilitation centers.
3. Conduct assessments of drug addiction status at the request of agencies preparing files for compulsory placement in drug rehabilitation centers.
4. Carry out activities providing drug rehabilitation services to voluntary rehabilitation seekers:
a) Receive, classify, provide counseling, and develop drug rehabilitation plans according to the procedures and drug rehabilitation services provided at the center;
b) Implement tasks to assess drug addiction status and conduct drug rehabilitation at the center and in the community;
c) Connect, provide professional and technical advice on drug rehabilitation to units and facilities providing drug rehabilitation services at home and in the community; coordinate with relevant agencies to promote and mobilize drug users and drug users to participate in appropriate intervention, treatment, and rehabilitation programs.
5. Advise on post-rehabilitation management measures at places of residence, prevention and control measures against relapse, and policies supporting community integration; connect and advise on community support services for drug rehabilitation seekers.
6. Organize management, care, and treatment counseling for drug rehabilitation seekers infected with HIV/AIDS; provide information, education, communication, and implement preventive measures against HIV/AIDS transmission at the center.
7. Appointing staff and workers of the facility to attend training courses on specialized knowledge and skills for identifying drug addiction and drug rehabilitation; coordinating with relevant agencies, organizations, and individuals to provide training and update specialized knowledge and skills for counseling and drug rehabilitation for those working on drug rehabilitation at home and in the community according to the regulations of the competent authority at the local level.
8. Cooperating with domestic and foreign agencies, organizations, and individuals in researching, participating in research, organizing experimental models and methods for treating, rehabilitating, and restoring behavior and character for drug addicts, and labor activities including therapeutic work according to the provisions of the law.
9. Organizing management and environmental protection at the drug rehabilitation facility and its area; integrating environmental protection tasks with programs, plans, and activities of the drug rehabilitation facility; implementing disease prevention and control measures at the facility according to the regulations.
10. Leading and coordinating with relevant agencies at the local level to organize management, protection, and maintenance of order and safety at the facility and its area; preventing drug smuggling into the facility.
11. Implementing statistical and reporting systems; building, compiling, and providing information and databases on drug rehabilitation according to the provisions of the law.
12. Managing human resources, finance, and assets according to the分级制度和法律规定。
13. Organizing and providing daily living services for drug rehabilitation participants and facilitating visits from their relatives.
14. Performing other tasks and exercising other powers assigned by the Director of the Department of Labor, Invalids, and Social Affairs or the Chairman of the People's Committee of the province.
Article 7. Public Drug Rehabilitation Facility Organization
1. Leadership of public drug rehabilitation facilities:
a) Public drug rehabilitation facilities have a Director and Deputy Directors as prescribed by law;
b) The appointment of Directors and Deputy Directors of public drug rehabilitation facilities is carried out according to the分级制度or delegated by the Chairman of the People's Committee of the province, and in accordance with the law. The removal, transfer, rotation, commendation, disciplinary action, dismissal from position, retirement, and implementation of policies for Directors and Deputy Directors of public drug rehabilitation facilities are conducted according to the law.
2. Specialized departments implement areas of work within the drug rehabilitation facility:
a) Based on functions and responsibilities, public drug rehabilitation facilities establish specialized departments as prescribed by law to ensure comprehensive coverage of areas related to treatment and drug rehabilitation;
b) The establishment of specialized departments to organize the implementation of stages of the drug rehabilitation process must meet the conditions stipulated in Articles 6, 7, and 8 of Decree No. 116/2021/ND-CP and comply with the criteria specified in Decree No. 120/2020/ND-CP.
3. Subordinate units of public drug rehabilitation facilities (if any):
a) Units (facilities) providing voluntary drug rehabilitation services in districts, counties, towns, cities under provinces, and municipalities directly under the central government;
b) Areas and teams responsible for managing, treating, rehabilitating, supporting recovery, and therapeutic labor for drug rehabilitation participants.
4. Based on the nature, characteristics, number of rehabilitation participants, physical infrastructure conditions, and management capabilities, public drug rehabilitation facilities develop organizational restructuring plans to be submitted to the competent authority for decision-making according to the law.
Article 8. Framework for job positions in public drug rehabilitation facilities
1. Leadership and management job positions:
b) Deputy Director;
c) Head of Department;
d) Deputy Head of Department.
d) Deputy Head of Department;
đ) Zone Leader, Team Leader, Service Facility Head.
2. Job positions with specialized vocational titles:
a) Senior Student Manager (Student Manager Grade II);
b) Student Manager (Student Manager Grade III);
c) Intermediate Student Manager (Student Manager Grade IV);
d) Job positions with specialized vocational titles in other fields (healthcare, pharmacy, social work, psychology, education, law, economics, and other relevant fields in accordance with the functions and tasks of the facility).
3. Job positions with general professional titles:
a) Administrative, General, Office Management;
b) Human Resources Organization;
c) Financial Planning;
d) Clerical, Cashier;
đ) Other general professional job positions (if any).
4. Supporting and service job positions:
a) Driver, Security Guard;
b) Nutritionist, Cook;
c) Cleaning Staff.
5. Professional Title Structure:
a) The ratio of each group of job positions to the total number of employees at the public drug rehabilitation facility is as follows:
|
No. |
Job Position |
Percentage (%) |
|
I |
Group of student manager professional titles |
40-60 |
|
1 |
Senior Student Manager (Student Manager Grade II) |
1-5 |
|
2 |
Student Manager (Student Manager Grade III) |
29-40 |
|
3 |
Intermediate Student Manager (Student Manager Grade IV) |
10-15 |
|
II |
Group of professional titles in other fields (healthcare, pharmacy, social work, psychology, education, law, economics, and other relevant fields in accordance with the functions and tasks of the facility) |
20-25 |
|
III |
Group of general professional titles |
5-10 |
|
IV |
Support and service group (including labor contracts) |
3-5 |
b) Based on the functions, tasks, organizational structure, and approved job position list, the public drug rehabilitation facility annually builds job positions and reports to the Department of Labor, Invalids, and Social Affairs or the agency assigned by the provincial People's Committee for review and decision by the competent authority according to the law.
Article 9. Staffing Standards at Public Drug Rehabilitation Facilities
1. Public drug rehabilitation facilities base their staffing plan on the functions, tasks, authorities, organizational structure of the unit, complexity, nature, characteristics, scale of operations; scope and target audience; professional management and business procedures as stipulated by law to develop a job position proposal, which is then submitted for approval by the competent authority.
2. The number of staff at public drug rehabilitation facilities is determined according to Clause 2 of Article 4 of Decree No. 106/2020/ND-CP dated September 10, 2020 of the Government on job positions and staffing levels in public service units and the scale of drug rehabilitation clients accepted by the facility, ensuring the principle that one (1) person manages, advises, educates, treats, and teaches skills to a maximum of seven (7) drug rehabilitation clients at the facility.
3. The number of staff for the job positions specified in points a, b of Clause 1, Clauses 3, 4 of Article 8 of this Circular is not included in the staffing standard set forth in Clause 2 of this Article.
Chapter III
INTERNAL RULES AND REGULATIONS OF PUBLIC DRUG REHABILITATION FACILITIES
Article 10. Internal Rules and Regulations at Public Drug Rehabilitation Facilities
1. The Director of the public drug rehabilitation facility is responsible for establishing and implementing the following internal rules and regulations:
a) Internal rules of the public drug rehabilitation facility according to Model No. 01 in Appendix I of this Circular;
b) Management, evaluation, classification, reward, and disciplinary regulations for drug rehabilitation clients at the public drug rehabilitation facility according to Model No. 02 in Appendix I of this Circular;
c) Visiting, receiving letters, money, gifts, and communication regulations for drug rehabilitation clients at the public drug rehabilitation facility according to Model No. 03 in Appendix I of this Circular.
2. In addition to the above internal rules and regulations, the Director of the public drug rehabilitation facility establishes and issues other internal rules and regulations based on actual conditions and management requirements of the unit, ensuring the principles and requirements stipulated in Articles 11 and 12 of this Circular.
Article 11. Principles and requirements for drafting internal regulations and rules
1. The drafting and content of internal regulations and rules must ensure constitutionality, legality, and consistency with the provisions of the Law on Prevention and Control of Narcotics, the Law on Handling Administrative Violations, Decree No. 116/2021/NĐ-CP dated December 21, 2021 of the Government detailing certain articles of the Law on Prevention and Control of Narcotics and the Law on Handling Administrative Violations regarding drug rehabilitation and post-rehabilitation management, and other related legal documents.
2. Internal regulations and rules must closely adhere to and specifically detail the drug rehabilitation process and services, be suitable for the organizational structure, staff, and practical management and operation of public drug rehabilitation facilities.
3. The content of internal regulations and rules must be transparent, clearly stipulating the responsibilities and tasks of individuals and units involved in their implementation; ensuring the rights and interests of drug rehabilitation participants as prescribed by law.
Article 12. Drafting, issuing, and implementing internal regulations and rules
1. Based on the provisions of Articles 10 and 11 of this Circular and the operational realities of the facility, the Director of the public drug rehabilitation facility shall determine the content of internal regulations and rules; organize the drafting of internal regulations and rules for the drug rehabilitation facility.
2. The Director of the drug rehabilitation facility shall organize the dissemination and implementation of internal regulations and rules to all staff, employees, and drug rehabilitation participants within the unit for implementation.
3. After issuance, internal regulations and rules must be publicly posted at appropriate locations to ensure that staff, employees, drug rehabilitation participants, families, and relatives can access, read, and understand them.
Chapter IV
CODE, STANDARDS FOR PROFESSIONAL TITLES, REQUIREMENTS FOR EXAMINATION OR PROMOTION AND CONTENT, FORM OF PROMOTION, APPOINTMENT, AND SALARY GRADING
FOR PROFESSIONAL TITLES
PROFESSIONAL TITLES OF SPECIALIST FUNCTIONAL STAFF IN DRUG REHABILITATION MANAGEMENT
PROFESSIONAL STAFF MEMBERS
Section 1
COMMON STANDARDS FOR PROFESSIONAL TITLES OF SPECIALIST FUNCTIONAL STAFF IN DRUG REHABILITATION MANAGEMENT
PROFESSIONAL EDUCATION STAFF
Article 13. Professional titles, code numbers for professional titles of specialist functional staff in drug rehabilitation management
The professional titles of specialist functional staff in drug rehabilitation management of public drug rehabilitation facilities include:
1. Senior Drug Rehabilitation Manager (Drug Rehabilitation Manager Grade II). Code number: V.09.05.01.
2. Drug Rehabilitation Manager (Drug Rehabilitation Manager Grade III). Code number: V.09.05.02.
3. Intermediate Drug Rehabilitation Manager (Drug Rehabilitation Manager Grade IV). Code number: V.09.05.03.
Article 14. Common standards for professional ethics of specialist functional staff in drug rehabilitation management
1. Passionate about work, respectful, open-minded, cooperative, empathetic, and supportive towards colleagues in professional activities; always fulfilling all duties of a functional staff member in professional activities; protecting the legitimate rights and interests of drug rehabilitation participants, colleagues, and the community.
2. Dedicated to work, prioritizing counseling, education, and assistance to help drug rehabilitation participants change behavior, character, and integrate into society as the primary goal in professional activities; respecting, encouraging, and supporting drug rehabilitation participants; not exploiting professional relationships for personal gain that affects the drug rehabilitation process of drug rehabilitation participants.
3. Continuously studying to improve professional knowledge and skills in drug rehabilitation; strictly adhering to internal regulations and rules of the drug rehabilitation facility and the industry.
Section 2
STANDARDS FOR PROFESSIONAL TITLES OF FUNCTIONAL STAFF
PROFESSIONAL EDUCATION STAFF
Article 15. Professional standards for staff specializing in managing drug rehabilitation trainees - Code: V.09.05.01
1. Duties:
a) Lead or participate in developing plans, programs, and content of guidance materials for activities according to the drug rehabilitation process;
b) Lead or participate in developing internal regulations and rules of the drug rehabilitation facility; propose measures to manage and supervise drug rehabilitation participants in implementing the internal regulations and rules of the facility;
c) Lead or participate in developing extracurricular and regular activity programs for drug rehabilitation participants;
d) Directly organize and guide drug rehabilitation participants in following schedules of daily life, study, work, therapeutic labor, and other activities according to the internal regulations and rules of the facility;
đ) Directly organize the development and implementation of plans for activities according to the drug rehabilitation process.
2. Qualifications regarding education and training:
a) Hold a bachelor's degree or higher in law, economics, psychology, social sciences, humanities, or education;
b) Possess a certificate or training completion recognition in specialized knowledge on counseling, treatment, and drug rehabilitation issued by authorized agencies or organizations based on the framework program issued by the Ministry of Labor, Invalids, and Social Affairs.
3. Qualifications regarding professional expertise and skills:
a) Have the ability to lead, direct, and implement professional activities related to managing drug rehabilitation trainees;
b) Have the ability to effectively coordinate with relevant agencies, units, and individuals during the execution of tasks related to managing drug rehabilitation trainees;
c) Have the ability to synthesize and generalize activities related to professional expertise to propose solutions to enhance the effectiveness of tasks related to managing drug rehabilitation trainees;
d) Have the ability to provide professional guidance on managing drug rehabilitation trainees consistent with the trained specialty.
Article 16. Professional standards for staff specializing in managing drug rehabilitation trainees - Code: V.09.05.02
1. Duties:
a) Organize the development and implementation of plans for activities according to the drug rehabilitation process;
b) Propose the development of plans, programs, and content of guidance materials for activities according to the drug rehabilitation process;
c) Propose the development of internal regulations and rules of the drug rehabilitation facility; propose measures to manage and supervise drug rehabilitation participants in implementing the internal regulations and rules of the facility;
d) Implement specialized activities such as legal awareness sessions, learning internal regulations and rules, cultural and sports activities for drug rehabilitation participants;
đ) Guide drug rehabilitation participants in following schedules of daily life, study, work, therapeutic labor, and other activities according to the internal regulations and rules of the facility.
2. Qualifications regarding education and training:
a) Hold a bachelor's degree or higher in law, economics, psychology, social sciences, humanities, or education;
b) Possess a certificate or training completion recognition in basic knowledge on counseling, treatment, and drug rehabilitation issued by authorized agencies or organizations based on the framework program issued by the Ministry of Labor, Invalids, and Social Affairs.
3. Qualifications regarding professional expertise and skills:
a) Have the ability to independently and proficiently perform methods and professional activities related to managing drug rehabilitation trainees;
b) Have the ability to grasp theoretical knowledge and practical methods during the execution of tasks related to managing drug rehabilitation trainees;
c) Have the ability to lead and coordinate with organizations and individuals during the execution of tasks related to managing drug rehabilitation trainees, personally responsible for the results of assigned tasks;
d) Have the ability to provide professional guidance, disseminate experiences, and participate in scientific research in the field of managing drug rehabilitation trainees.
Article 17. Professional standards for staff in the specialized field of managing intermediate-level students - Code: V.09.05.03
1. Duties:
a) Perform certain tasks with simple requirements related to organizing and managing drug rehabilitation personnel according to regulations;
b) Participate in drafting internal rules and regulations for managing drug rehabilitation personnel at drug rehabilitation facilities according to regulations;
c) Guide the implementation of internal rules and regulations of drug rehabilitation facilities;
d) Participate in developing extracurricular and regular programs concerning content, time schedules for activities, study sessions, cultural and sports activities, entertainment, labor, and therapeutic labor for drug rehabilitation personnel;
đ) Directly implement daily schedules for activities, study sessions, labor, therapeutic labor, and other activities according to the internal rules and regulations of drug rehabilitation facilities.
2. Qualifications regarding education and training:
a) Hold a diploma in law, economics, social psychology, social sciences, humanities, or education;
b) Possess a certificate or training completion recognition in basic knowledge on counseling, treatment, and drug rehabilitation issued by authorized agencies or organizations based on the framework program issued by the Ministry of Labor, Invalids, and Social Affairs.
3. Qualifications regarding professional expertise and skills:
a) Have the ability to independently and proficiently perform methods and professional activities related to managing drug rehabilitation trainees;
b) Possess the ability to work in teams during the execution of tasks related to managing students;
c) Have the ability to guide professional practices and disseminate experience in the field of managing students;
d) Possess skills to coordinate with organizations and individuals during the execution of assigned tasks related to managing students.
Section 3
PRINCIPLES, CONDITIONS FOR EXAMINATION OR PROMOTION REVIEW
AND CONTENT, FORM OF PROMOTION REVIEW FOR STAFF IN THE SPECIALIZED FIELD
MANAGING STUDENTSEDUCATION STAFF
Article 18. Basis and principles for organizing examinations or promotion reviews for staff in the specialized field of managing students
1. The selection of staff in the specialized field of managing students to participate in examinations or promotion reviews must be based on job positions, professional standards, and align with the staffing structure approved by competent authorities.
2. Staff in the specialized field of managing students may register for examinations or promotion reviews when there is a need from public service units and they meet the required standards and conditions stipulated by law.
3. The organization of examinations or promotion reviews for staff in the specialized field of managing students must ensure equality, transparency, objectivity, and compliance with the law.
4. Examination results or promotion review outcomes for staff in the specialized field of managing students cannot be carried over to subsequent examination or promotion review periods.
Article 19. Conditions for examinations or promotion reviews for advancement from managing students to senior managing students
1. Conditions for examination for promotion:
a) Meeting the standards and conditions specified in point a, Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020, issued by the Government regarding recruitment, utilization, and management of staff;
b) Meeting the professional standards for senior managing students as stipulated in Article 15 of this Circular;
c) Having held the position of managing students or equivalent for at least nine years (excluding probationary and trial periods). In cases where the individual has held civil servant ranks or equivalent staff positions to the managing students position, they must have held the managing students position for at least one year (twelve months) up to the deadline for submitting application forms for promotion review.
2. Conditions for promotion review:
Fulfilling all conditions stipulated in Clause 1 of this Article and meeting one of the following conditions:
a) Having at least one research project in the field of drug rehabilitation or related fields: leading the development of scientific projects or research topics at provincial level or higher on drug rehabilitation work, which have been accepted and evaluated as satisfactory by competent authorities; author of a scientific article on drug rehabilitation published in a scientific journal; author of an innovation in the field of drug rehabilitation applied effectively in organizational activities recognized by competent authorities; compiler of a book on drug rehabilitation and related fields that has been published;
b) Receiving a Commendation from the People's Committee Chairman at provincial level or higher for outstanding achievements in drug rehabilitation work.
Article 20. Conditions for considering promotion from the rank of intermediate-level student manager to student manager.
1. Promotion from the rank of intermediate-level student manager to student manager shall be carried out through the form of consideration for promotion.
2. Conditions for considering promotion:
a) Meeting the standards and conditions specified in point a, Clause 1, Article 32 of Decree No. 115/2020/NĐ-CP dated September 25, 2020, issued by the Government regarding recruitment, utilization, and management of staff;
b) Meeting the standards for the rank of student manager as stipulated in Article 16 of this Circular;
c) Having held the rank of intermediate-level student manager or equivalent for at least three years (excluding probationary and trial periods). In cases where there is time spent holding civil service ranks or equivalent professional positions to the rank of intermediate-level student manager, the current time holding the rank of intermediate-level student manager must be at least one year (twelve months) as of the deadline for submitting registration forms for the promotion examination.
Article 21. Documents, forms, contents of examination or consideration for promotion of the professional rank of student manager.
1. The application documents for the examination or consideration for promotion of the professional rank of student manager shall be implemented in accordance with the provisions of Article 36 of Government Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, use, and management of public servants.
2. For the examination for promotion: the form, content, and duration of the examination for promotion of the professional rank of student manager shall be implemented in accordance with the provisions of Article 39 of Government Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, use, and management of public servants.
3. For consideration for promotion:
a) Form of consideration: organizing a board to consider promotion of the professional rank of student manager shall be implemented in accordance with the provisions of Articles 37 and 38 of Government Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, use, and management of public servants;
b) Content of consideration for promotion to senior student manager: assessing compliance with the conditions prescribed in Clause 2 of Article 19 of this Circular;
c) Content of consideration for promotion to student manager: assessing compliance with the conditions prescribed in Clause 2 of Article 20 of this Circular.
Article 22. Determining successful candidates in the promotion examination or consideration period for the professional rank of student manager.
1. Determining successful candidates in the promotion examination
The determination of successful candidates in the promotion examination for the professional rank of student manager shall be carried out in accordance with the provisions of Clauses 1, 2, and 3 of Article 40 of Government Decree No. 115/2020/NĐ-CP dated September 25, 2020 on recruitment, use, and management of public servants.
2. Determining successful candidates in the consideration period for promotion
Successful candidates in the consideration period for promotion are those who meet all the conditions and standards as prescribed in Clause 1 and Clause 2 of Article 18, Clause 2 of Article 19 (for senior student managers), and Clause 2 of Article 20 (for student managers) of this Circular and are recognized as successful candidates in the promotion consideration period by the head of the agency or unit organizing the promotion consideration. In cases where two or more candidates are equal in the final quota, the determination of successful candidates shall be carried out in the following priority order:
a) Public servants with higher commendation awards from competent authorities;
b) Female public servants;
c) Specialists belonging to ethnic minorities;
d) Older public servants (based on date, month, and year of birth);
e) Public servants with longer tenure.
If it is still not possible to determine the successful candidate, the head of the agency or unit organizing the promotion of the professional rank shall exchange written communications with the head of the agency or unit managing the public servant and decide on the successful candidate based on the recommendation of the head of the agency or unit managing the public servant.
Article 23. Announcing the results of examination or assessment for promotion to the occupational title of specialized staff in student management
1. Announcing the results of the examination for promotion to the occupational title
The announcement of the results of the examination for promotion to the occupational title of specialized staff in student management shall be carried out in accordance with Clause 5, Article 40 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, use, and management of public officials.
2. Announcing the results of the assessment for promotion to the occupational title:
a) Within fifteen working days from the date of completing the review of the dossier, the Assessment Board for Promotion to the Occupational Title of specialized staff in student management shall report to the head of the agency or unit organizing the assessment for promotion to approve the results of the assessment period and the list of successful candidates;
b) Not later than five working days from the date of the decision approving the results of the assessment period for promotion to the occupational title, the Assessment Board for Promotion to the Occupational Title of specialized staff in student management shall have the responsibility to announce the results of the assessment and the list of successful candidates in writing to the agencies or units that sent the staff members to participate in the assessment period; at the same time, publish them on the electronic information website or the electronic portal of the agency or unit organizing the assessment for promotion to the occupational title.
Section 4
APPOINTMENT AND GRADING OF OCCUPATIONAL TITLES
SPECIALIZED STAFF IN STUDENT MANAGEMENT
Article 24. Appointment to the occupational title and grading upon completion of the probationary period
After completing the probationary period and meeting the requirements, the probationer shall be appointed to the occupational title of specialized staff in student management in accordance with Article 24 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, use, and management of public officials, and graded according to Table 3. The salary table for professional staff in state-run organizations issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces, and Decree No. 117/2016/NĐ-CP dated July 21, 2016 of the Government amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Table 3) as follows:
1. In the case of appointment to the occupational title of intermediate-level student manager:
a) Public officials appointed to the occupational title of intermediate-level student manager, code V.09.05.03 with a secondary vocational education level shall be graded at Level 1, with a salary coefficient of 1.86 (Type B public official);
b) Public officials appointed to the occupational title of intermediate-level student manager, code V.09.05.03 with a higher vocational education level or above shall be graded at Level 2, with a salary coefficient of 2.06 (Type B public official).
2. In the case of appointment to the occupational title of student manager:
a) Public officials appointed to the occupational title of student manager, code V.09.05.02 with a bachelor's degree shall be graded at Level 1, with a salary coefficient of 2.34 (Type A1 public official);
b) Public officials appointed to the occupational title of student manager, code V.09.05.02 with a master's degree shall be graded at Level 2, with a salary coefficient of 2.67 (Type A1 public official).
Article 25. Appointment of occupational titles and salary grading upon passing the examination or promotion review
1. Civil servants who pass the examination or promotion review for occupational titles shall be appointed to the position of specialized civil servant managing trainees according to the provisions of Article 42 of Decree No. 115/2020/ND-CP dated September 25, 2020 of the Government on recruitment, utilization, and management of civil servants.
2. The salary grading for specialized civil servants managing trainees who pass the examination or promotion review for occupational titles shall be carried out in accordance with the guidance provided in Clause 1, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs on salary grading when upgrading, transferring, or changing categories of civil servants and public officials, applying the salary table for specialized and vocational staff in state-run units (Table 3) issued together with Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public officials, and armed forces personnel, and Decree No. 117/2016/ND-CP dated July 21, 2016 of the Government amending and supplementing some articles of Decree No. 204/2004/ND-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public officials, and armed forces personnel, as follows:
a) The occupational title of specialized civil servant managing senior trainees shall apply the salary coefficient of category A2 group 1 (A2.1), from salary coefficient 4.40 to salary coefficient 6.78;
b) The occupational title of specialized civil servant managing trainees shall apply the salary coefficient of category A1, from salary coefficient 2.34 to salary coefficient 4.98;
c) The occupational title of specialized civil servant managing intermediate-level trainees shall apply the salary coefficient of category B, from salary coefficient 1.86 to salary coefficient 4.06.
Article 26. Appointment of occupational titles and salary grading for specialized civil servants managing trainees in other cases
1. In cases where they have been appointed to the occupational title of specialized civil servant managing trainees according to Decision No. 1614/2003/QĐ-BLĐTBXH dated December 8, 2003 of the Ministry of Labor, Invalids, and Social Affairs promulgating standards for certain professional positions and applying vocational standards for other positions in treatment facilities under the Administrative Violation Handling Ordinance, and civil servants currently assigned tasks managing trainees but not yet holding the occupational title of specialized civil servant managing trainees within the same category of civil servants according to Table 3, shall be transferred to the occupational title of specialized civil servant managing trainees according to the guidance provided in Clause 2, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs on salary grading when upgrading, transferring, or changing categories of civil servants and public officials, applying the salary table for specialized and vocational staff in state-run units.
2. In cases where they hold a college education level and were initially graded at the A0 category of civil servants or public officials when recruited, upon being recruited as specialized civil servant managing intermediate-level trainees (code V.09.05.03), their salary shall be regraded as follows: Based on the current salary coefficient at the A0 category, they shall be regraded to the highest grade with a higher salary coefficient of the occupational title of specialized civil servant managing intermediate-level trainees (civil servant category B). The time for considering the next salary increase shall be calculated from the date of the current salary coefficient at the A0 category. If the current salary coefficient (including any additional years-of-service allowance exceeding the ceiling, if applicable) at the A0 category is higher than the highest salary coefficient of civil servant category B, then the salary shall be graded according to the calculation method specified in point c, Clause 1, Section II of Circular No. 02/2007/TT-BNV dated May 25, 2007 of the Ministry of Home Affairs on salary grading when upgrading, transferring, or changing categories of civil servants and public officials, applying the salary table for specialized and vocational staff in state-run units.
3. Cases stipulated in Clauses 1 and 2 of this Article, when appointing the occupational title of specialized civil servant managing trainees without having the appropriate professional training in law, economics, psychology, social sciences, humanities, and education for the occupational title of specialized civil servant managing senior trainees, must meet the requirements specified in point b, Clause 2, Article 15 of this Circular. For the occupational title of specialized civil servant managing trainees, they must meet the requirements specified in point b, Clause 2, Article 16 of this Circular. For managing intermediate-level trainees, they must meet the requirements specified in point b, Clause 2, Article 17 of this Circular.
Chapter V
UNIFORMS AND MANAGEMENT AND USE OF UNIFORMS
FOR CIVIL SERVANTS AND WORKERS AT DRUG DEPENDENCY REHABILITATION FACILITIES
UNDER STATE SUPERVISION
Article 27. Uniforms for civil servants and employees at state-run drug rehabilitation facilities
1. The uniforms for civil servants and employees at state-run drug rehabilitation facilities include: spring and summer pants and shirts; autumn and winter pants and shirts; winter outer coats (for provinces and cities north of Thua Thien-Hue); long-sleeved shirts; short-sleeved shirts; leather shoes; name badges; hard hats; soft hats; belts; raincoats; insignia sets.
For civil servants and employees working in the health department of state-run drug rehabilitation facilities, when performing tasks such as examination and treatment for drug addicts, they shall use uniforms according to the regulations of the Ministry of Health.
2. The style and color of uniforms for civil servants and employees at state-run drug rehabilitation facilities are specified in Section A of Appendix II of this Circular.
Article 28. Standards, service life, and principles for issuing and using uniforms for civil servants and employees
1. Standards and service life for issuing uniforms:
|
Serial number |
Name of Uniform |
Unit of Measurement |
Quantity |
Service life (years) |
|
1 |
Autumn and Winter Clothing |
AND |
2 |
2 |
|
2 |
Spring and Summer Clothing |
AND |
2 |
1 |
|
3 |
Winter outer coat (Applicable to provinces north of Thua Thien-Hue) |
Unit" |
1 |
3 |
|
4 |
Shirts |
Unit" |
2 |
1 |
|
5 |
Leather Shoes |
Pair |
1 |
1 |
|
6 |
Name badge |
Unit" |
1 |
Issued initially and when information changes. |
|
7 |
Hard hat |
Unit" |
1 |
2 |
|
8 |
Soft hat |
Unit" |
1 |
1 |
|
9 |
Belt |
Unit" |
1 |
3 |
|
10 |
Raincoat |
AND |
1 |
3 |
|
11 |
Insignia set |
AND |
1 |
Issued initially and when information changes. |
2. Principles for issuing and using uniforms:
a) The issuance and use of uniforms must comply with standards, purposes, correct recipients, and service life as prescribed. State-run drug rehabilitation facilities must maintain records to manage the issuance and use of uniforms for civil servants and employees accurately and in accordance with regulations;
b) Civil servants and employees who are issued uniforms for use while performing duties have the responsibility to maintain and preserve the uniforms as prescribed. In cases where the issued uniforms are damaged or lost due to objective reasons, they will be reissued. If the damage or loss is not due to objective reasons, individuals must replace them themselves to meet the uniform requirements stipulated in this Circular;
c) In cases of retirement, disability leave, transfer to other positions, if the issued uniforms have not yet reached their service life, they need not be recalled; if the service life has been exceeded and they have not been issued, they will not be issued. In cases of forced termination of employment or other types of leave, the name badges and uniforms previously issued must be returned before leaving the job.
Chapter VI
IMPLEMENTING PROVISIONS
Article 29. Effective Date
1. This Circular takes effect from February 15, 2023.
2. The following legal documents cease to be effective from the date this Circular takes effect:
a) Decision No. 1614/2003/QĐ-BLĐTBXH dated December 8, 2003, of the Ministry of Labor, Invalids, and Social Affairs promulgating standards for certain professional positions and applying standards for other positions in treatment centers under the Administrative Violation Handling Ordinance;
b) Circular No. 14/2014/TT-BLĐTBXH dated June 12, 2014, of the Ministry of Labor, Invalids, and Social Affairs promulgating forms for requesting and implementing administrative handling decisions involving compulsory drug rehabilitation and guidelines for building internal rules and regulations for drug rehabilitation centers;
c) Circular No. 25/2018/TT-BLĐTBXH dated December 10, 2018, of the Ministry of Labor, Invalids, and Social Affairs guiding functions, tasks, organizational structure, job positions, and staffing levels for state-run drug rehabilitation facilities;
d) Decision No. 60/2008/QĐ-BLĐTBXH dated July 25, 2008, of the Ministry of Labor, Invalids, and Social Affairs promulgating model regulations on student management at Rehabilitation-Correction-Labor Centers.
3. In cases where the legal documents referred to in this Circular are amended, supplemented, or replaced by other legal documents, they shall be applied according to those amended, supplemented, or replacing documents.
Article 30. Transitional Provisions
1. For civil servants working at public drug rehabilitation facilities who have not yet met the training level requirements according to the occupational title standards for specialized staff managing intermediate-level students, with less than 05 (five) years remaining in their service period:
a) In cases where civil servants request additional training to meet the occupational title standards for specialized staff managing intermediate-level students as stipulated in this Circular, the public drug rehabilitation facility shall report to the Department of Labor, Invalids, and Social Affairs to arrange and schedule supplementary training for the civil servants in accordance with the provisions of this Circular;
b) In cases where civil servants do not request additional training to meet the occupational title standards for specialized staff managing intermediate-level students as stipulated in this Circular, the public drug rehabilitation facility shall report to the Department of Labor, Invalids, and Social Affairs to create conditions allowing the civil servants to work until the end of their service period as prescribed.
2. For civil servants working at public drug rehabilitation facilities who have not yet met the training level requirements according to the occupational title standards for specialized staff managing intermediate-level students, with more than 05 (five) years remaining in their service period:
a) The public drug rehabilitation facility shall compile the training needs based on the registration of the civil servants and report to the Department of Labor, Invalids, and Social Affairs to send the civil servants for training and supplementary education to meet the occupational title standards for specialized staff managing intermediate-level students as stipulated in this Circular;
b) In cases where civil servants do not request training or supplementary education to meet the occupational title standards for specialized staff managing intermediate-level students as stipulated in this Circular, the public drug rehabilitation facility shall report to the Department of Labor, Invalids, and Social Affairs to arrange and schedule appropriate job positions or terminate employment in accordance with regulations.
3. For civil servants who already hold certificates for senior specialist rank and specialist rank, occupational title standards for social work officers, and occupational title standards for social work personnel, they will be recognized and retained to transfer to the corresponding ranks of specialized staff managing senior students and specialized staff managing students as provided in this Circular.
4. For public institutions currently performing drug rehabilitation functions, the Chairman of the People's Committee of the province shall direct relevant departments to review and adjust to ensure uniform implementation in accordance with the provisions of this Circular, Decree No. 116/2021/NĐ-CP dated December 21, 2021 of the Government detailing certain provisions of the Law on Prevention and Control of Drugs, the Law on Administrative Violations Handling concerning drug rehabilitation and post-rehabilitation management, and other related laws.
Article 31. Responsibilities for Implementation and Organization
1. Provincial People's Committees directly under the Central Government shall be responsible for:
a) Directing public drug rehabilitation facilities within their jurisdiction to implement recruitment, appointment of occupational titles, and salary grading for civil servants in the unit;
b) Approving recruitment plans, appointments to occupational titles, and salary grading for civil servants in public drug rehabilitation facilities within their jurisdiction, transferring from current civil servant ranks to corresponding specialized staff managing student ranks as stipulated in this Circular; resolving any issues arising during the appointment of occupational titles and salary grading within their authority;
c) Deciding on the appointment and salary grading for civil servants under their management to corresponding specialized staff managing student ranks in public institutions within their authority;
d) Reporting the results of occupational title appointments and salary grading for civil servants in public drug rehabilitation facilities within their jurisdiction to the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Home Affairs;
đ) Directing relevant provincial departments and agencies to allocate funds for uniforms for civil servants and workers at public drug rehabilitation facilities;
e) Reviewing, arranging, and strengthening public drug rehabilitation facilities within their jurisdiction to ensure compliance with operational standards and conditions as prescribed.
2. Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities shall be responsible for:
a) Annually reviewing the organizational structure, job position framework, and staffing levels of public drug rehabilitation facilities, submitting them for approval by the competent authority;
b) Directing public drug rehabilitation facilities to develop internal regulations and rules; examining and providing comments on draft internal regulations and rules before the Director of the drug rehabilitation facility approves and promulgates them; preparing budgets for uniforms for civil servants and workers within the regular operating expenses of the drug rehabilitation facility, submitting them for approval by the competent authority in accordance with the State Budget Law;
3. Relevant agencies, units, organizations, and individuals shall be responsible for implementing this Circular.
During the implementation process, if any issues arise or difficulties occur, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for guidance and resolution in accordance with regulations./.
DEPUTY MINISTER
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