Circular No. 33/2010/TT-BLDTBXH guiding certain provisions of Decree No. 94/2009/NĐ-CP dated October 26, 2009 of the Government detailing the implementation of the Law amending and supplementing some articles of the Drug Prevention and Control Law regarding post-drug rehabilitation management procedures and formalities.

CIRCULAR

||| Guidelines for certain provisions of Decree No. 94/2009/NĐ-CP dated October 26, 2009 of the Government detailing the implementation of the Law amending and supplementing some articles of the Drug Prevention and Control Law regarding post-rehabilitation drug management concerning procedures and formalities for applying post-rehabilitation drug management measures.

||| To implement uniformly the Government's regulations on procedures and formalities for applying post-rehabilitation drug management measures, the Ministry of Labor, Invalids, and Social Affairs provides detailed guidance on specific contents as follows:

||| Article 1. This Circular guides certain provisions on the procedures and formalities for applying post-rehabilitation drug management measures according to Decree No. 94/2009/NĐ-CP dated October 26, 2009 of the Government detailing the implementation of the Law amending and supplementing some articles of the Drug Prevention and Control Law regarding post-rehabilitation drug management (hereinafter referred to as Decree No. 94/2009/NĐ-CP).

||| Article 2. This Circular applies to agencies, organizations, and individuals related to the application of post-rehabilitation drug management measures under Decree No. 94/2009/NĐ-CP.

||| Article 2. Determination of subjects subject to post-rehabilitation drug management at Centers

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Pursuant to Decree No. 94/2009/NĐ-CP dated October 26, 2009 of the Government providing detailed guidance for implementation of the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Drugs regarding post-treatment management after drug dependency treatment;

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;

||| The determination of subjects subject to post-rehabilitation drug management at Centers must be carried out in accordance with Clause 1 and Clause 2 of Article 17 of Decree No. 94/2009/NĐ-CP as follows:

Article 1. Scope of Regulation and Applicability

||| 1. The determination of rehabilitation students (hereinafter referred to as students) during a six-month period who violate internal rules and regulations of the Center for Treatment-Education-Social Work must be based on the behavior of the student in the last six months of their compliance with the Decision on admission to a treatment facility under Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government stipulating the regime for applying the measure of admission to a treatment facility, the organization of activities of treatment facilities under the Administrative Violations Handling Ordinance and the regime applicable to minors and voluntary patients (hereinafter referred to as Decree No. 135/2004/NĐ-CP). Violations of internal rules and regulations and disciplinary actions are determined based on the student's management file at the Center.

||| 2. The determination of persons without a profession, or those with a profession but without stable employment before entering a drug rehabilitation facility is as follows:

||| a) Persons without a profession are those who have not been trained and do not have employment generating income to ensure their livelihood;

||| b) Persons with a profession but without stable employment are those without regular employment generating income to ensure their livelihood.

||| Thirty days before the end of compulsory rehabilitation, the Director of the Center for Treatment-Education-Social Work requests the family of the student to write a Certificate confirming the student's profession and employment status, certified by the People's Committee of the commune, ward, or town where the student resides.

||| 3. The determination of persons without a fixed residence, the Director of the Center for Treatment-Education-Social Work bases it on the student's admission file at the Center according to Article 16 of Decree No. 43/2005/NĐ-CP dated April 5, 2005 of the Government stipulating the placement of drug addicts and sex workers without a fixed residence in temporary accommodation at treatment facilities (hereinafter referred to as Decree No. 43/2005/NĐ-CP). A person without a fixed residence is someone admitted to a treatment facility under Decree No. 43/2005/NĐ-CP and whose fixed residence has not been identified during the compliance with the rehabilitation decision at the treatment facility. In cases where a fixed residence is identified during the compliance with the rehabilitation decision at the treatment facility, confirmation from the family and local authorities is required. Thirty days before the end of compulsory rehabilitation, the Director of the Center for Treatment-Education-Social Work requests the family of the student to write a Certificate confirming the student's residence status, certified by the People's Committee of the commune, ward, or town where the student resides.

||| 4. The Director of the Center for Treatment-Education-Social Work bases the assessment of the student's compliance with discipline, study, and training on the student's management file at the Center. Students who conscientiously comply with discipline, study, and training are those who do not commit disciplinary violations from a warning level upwards during their rehabilitation at the Center for Treatment-Education-Social Work.

b) A person with a profession but without stable employment is a person who does not have regular work to ensure income for their livelihood.

Thirty days before the end of the compulsory drug rehabilitation period, the Director of the Drug Rehabilitation - Education - Social Labor Center requests the family of the trainee to write a Confirmation Letter regarding the trainee's profession and employment status, certified by the People's Committee of the commune, ward, or town where the trainee resides.

3. The determination of a person without a fixed residence shall be based on the file of the trainee admitted to the treatment facility under Article 16 of Decree No. 43/2005/NĐ-CP dated April 5, 2005, of the Government on the placement of drug addicts and prostitutes without a fixed residence in temporary accommodation at treatment facilities (hereinafter referred to as Decree No. 43/2005/NĐ-CP). A person without a fixed residence is one who has been admitted to a treatment facility under Decree No. 43/2005/NĐ-CP and whose fixed residence has not been determined during the execution of the drug rehabilitation decision at the treatment facility. In cases where a fixed residence is determined during the execution of the drug rehabilitation decision at the treatment facility, confirmation from the family and local authorities is required. Thirty days before the end of the compulsory drug rehabilitation period, the Director of the Drug Rehabilitation - Education - Social Labor Center requests the family of the trainee to write a Confirmation Letter regarding the trainee's residence status, certified by the People's Committee of the commune, ward, or town where the trainee resides.

4. The Director of the Drug Rehabilitation - Education - Social Labor Center bases the assessment of the trainee's discipline compliance, study, and training on the management files at the center. A trainee with good awareness of discipline compliance, study, and training is one who does not violate discipline at the level of warning or higher during the drug rehabilitation process at the Drug Rehabilitation - Education - Social Labor Center.

Article 3. Files of compulsory drug rehabilitation subjects at the Medical Treatment - Education - Social Labor Center (Point a Clause 2 Article 6 and Point a Clause 2 Article 18 Decree 94/2009/NĐ-CP)

The files of compulsory drug rehabilitation subjects at the Medical Treatment - Education - Social Labor Center (Copies stamped by the Medical Treatment - Education - Social Labor Center) include:

1. The application file for applying the measure of admission to a medical facility as prescribed in Article 9 Decree 135/2004/NĐ-CP or Article 16 Decree 43/2005/NĐ-CP;

2. Decision on admission to a medical facility according to Article 12 Decree 135/2004/NĐ-CP;

3. Documents and management files of learners during the drug rehabilitation process at the Medical Treatment - Education - Social Labor Center.

Article 4. Council for Reviewing High-Risk Recidivism Individuals

1. The Director of the Medical Treatment - Education - Social Labor Center establishes the Council for Reviewing High-Risk Recidivism Individuals. The members include leaders of the Center and Heads of Departments, Sections, Teams, and Groups within the Center. The Director of the Medical Treatment - Education - Social Labor Center is the Chairman of the Council, and the Head of the Management-Education Department is the Secretary of the Council.

For Centers that have established a Council for Rewarding and Disciplining Learners according to the Model Regulation on Rewards and Discipline as stipulated in Decision No. 60/2008/QĐ-BLĐTBXH dated July 25, 2008 of the Minister of Labor, Invalids, and Social Affairs, this Council shall concurrently serve as the Council for Reviewing High-Risk Recidivism Individuals.

2. The Council for Reviewing High-Risk Recidivism Individuals organizes meetings and votes for each learner based on the majority principle. In case of a tie vote, the opinion of the Chairman of the Council is decisive but must be clearly recorded in the meeting minutes. The minutes of the meeting reviewing high-risk recidivism individuals must clearly record the opinions expressed by the attending members.

3. The results of the Council's meeting are publicly posted and announced over the loudspeaker system of the Medical Treatment - Education - Social Labor Center. If there is no feedback within three days of the announcement, the Director of the Center completes the application file for applying post-rehabilitation management measures. In case of feedback, the Director of the Medical Treatment - Education - Social Labor Center must report to the Department of Labor, Invalids, and Social Affairs for consideration and resolution.

Article 5. Conditions for Considering Post-Rehabilitation Individuals Eligible for Postponement or Exemption from Execution of Post-Rehabilitation Management Measures at the Center

1. Post-rehabilitation individuals who meet one of the conditions specified in Clause 1 and Clause 2 Article 23 Decree 94/2009/NĐ-CP are eligible for consideration for postponement or exemption from execution of post-rehabilitation management measures.

2. Families of post-rehabilitation individuals with particularly difficult circumstances are those families currently affected by natural disasters, fires, or have relatives (father, mother, child, wife, or husband) serving a prison sentence, suffering from accidents, or serious illnesses, where apart from the post-rehabilitation individual, there is no one left to work to maintain family life, mitigate natural disasters, fires, or care for the sick or injured.

Article 6. Content of Reviewing Application Files for Applying Post-Rehabilitation Management Measures and Postponement or Exemption from Applying Post-Rehabilitation Management Measures at the Center by the Head of the Department of Labor, Invalids, and Social Affairs (Article 19 Decree 94/2009/NĐ-CP)

1. Based on Clause 2 Article 6, Clause 2 Article 18, Clause 1 and 2 Article 23 of Decree 94/2009/NĐ-CP, the Head of the Department of Labor, Invalids, and Social Affairs has the responsibility to review the subject, legality, compliance with procedures for preparing application files for applying post-rehabilitation management measures and application files for postponement or exemption from applying post-rehabilitation management measures submitted by the Director of the Medical Treatment - Education - Social Labor Center and the Post-Rehabilitation Management Center.

2. In case the files do not meet the requirements, within the latest two working days from the date of receiving the files, the Head of the Department of Labor, Invalids, and Social Affairs requests the Director of the Medical Treatment - Education - Social Labor Center and the Post-Rehabilitation Management Center to supplement the files.

The review period starts from the date when all application files for applying post-rehabilitation management measures are received.

Article 7. Responsibilities for directing, guiding the preparation of files to apply post-drug rehabilitation management measures

1. The Director of the Drug Prevention and Control Department shall be responsible for leading and coordinating with relevant units to assist the leadership of the Ministry of Labor, Invalids, and Social Affairs in directing, guiding, and inspecting the preparation of files to apply post-drug rehabilitation management measures.

2. The Director of the Department of Labor, Invalids, and Social Affairs within their functional duties, responsibilities, and authorities shall be responsible for organizing, directing, guiding, and inspecting the application of post-drug rehabilitation management measures; resolving complaints and reports related to the preparation of files to apply post-drug rehabilitation management measures according to their authority.

3. The Head of the Sub-District Office for Drug Prevention and Control or the Head of the Drug Prevention and Control Division under the Department of Labor, Invalids, and Social Affairs shall be responsible for assisting the Director of the Department of Labor, Invalids, and Social Affairs in organizing, directing, guiding, and inspecting the application of post-drug rehabilitation management measures; guiding the Social Health Rehabilitation Center in preparing files to apply post-drug rehabilitation management measures.

4. The Head of the Labor, Invalids, and Social Affairs Department shall be responsible for: Leading and coordinating with relevant departments to assist the Chairman of the People's Committee at the same level in examining and reviewing files to apply post-drug rehabilitation management measures; promptly reporting to the Department of Labor, Invalids, and Social Affairs and cooperating with the Social Health Rehabilitation Center to verify and propose solutions for cases with decisions to apply post-drug rehabilitation management measures but eligible for postponement or exemption from execution.

Article 8. Implementation of post-drug rehabilitation management decisions at place of residence and at the Center

1. Within five working days from the date of signing the decision to apply post-drug rehabilitation management measures, the Director of the Social Health Rehabilitation Center must hand over the person and file to the People's Committee of the commune where that person resides.

In cases where the post-rehabilitation individual's place of residence does not belong to the province or city where the file is established for admission to a treatment facility, the Director of the Social Health Rehabilitation Center shall send the file to the People's Committee of the commune, ward, town where the person resides via postal service. The post-rehabilitation individual must report to the People's Committee of the commune, ward, town where they reside within ten days from the date of signing the decision to apply post-drug rehabilitation management measures to be managed. The People's Committee of the commune, ward, town where the post-rehabilitation individual resides shall be responsible for receiving the person and file to implement post-drug rehabilitation management measures while notifying in writing the receipt to the agency issuing the decision to apply post-drug rehabilitation management measures and the Social Health Rehabilitation Center where the file was prepared to coordinate management.

2. Within three working days from the date of signing the decision to apply post-drug rehabilitation management measures, the Director of the Social Health Rehabilitation Center must hand over the person and file to the Post-Rehabilitation Management Center or the post-rehabilitation management department for localities without a Post-Rehabilitation Management Center.

Article 9. Implementation Provisions

1. This Circular takes effect 45 days from the date of signature.

2. Attached to this Circular are the following forms:

a) Minutes of the Review Board for high-risk relapse subjects (Form No. 1);

b) Decision on applying post-drug rehabilitation management measures by the Chairman of the District People's Committee (Form No. 2);

c) Application for postponement (exemption) from executing the decision on applying post-drug rehabilitation management measures (Form No. 3);

d) Handover minutes of post-drug rehabilitation individuals (Form No. 4);

e) Certificate of completion of post-drug rehabilitation management decision at place of residence (Form No. 5);

g) Certificate of completion of post-drug rehabilitation management decision at the Center (Form No. 6);

h) Confirmation letter from the family of the trainee regarding the trainee's occupation and employment status (Form No. 7);

i) Confirmation letter from the family of the trainee regarding the trainee's post-rehabilitation residence status (Form No. 8).

During the implementation of this Circular, if there are arising issues or difficulties, please promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for appropriate amendments and supplements./.