Decree No. 34/2002/ND-CP on the procedures, formalities, and treatment regime for drug addicts who are compulsorily admitted to rehabilitation centers

DECREE OF THE GOVERNMENT

Regulations on the procedures, formalities, and treatment for compulsory drug rehabilitation facilities

for individuals addicted to narcotics who are admitted to compulsory rehabilitation centers

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Drugs dated December 9, 2000;

At the proposal of the Minister of Labor, Invalids and Social Affairs, and theMinister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.This Decree stipulates the procedures, formalities, and treatment for individualsaddicted to narcotics (hereinafter referred to as addicts) who are admitted tocompulsory rehabilitation centers as prescribed in Clauses 1 and 3 of Article 28and Clauses 1 and 2 of Article 29 of the Law on Prevention and Control of Narcotics.

Article 2.The compulsory rehabilitation center mentioned in this Decree is a medical facilityestablished under Decree No. 20/CP dated April 13, 1996 issued by the Governmentregulating medical facilities according to the Ordinance on Administrative ViolationHandling dated July 6, 1995.

Chapter II

PROCEDURES, FORMALITIES AND REGIME FOR REHABILITATION

OF ADDICTS ADMITTED TO COMPULSORY REHABILITATION CENTERS

Article 3.The Chairman of the People's Committee of communes, wards, towns (collectivelyreferred to as commune level) where the addict resides or where the addict hascommitted acts of using narcotics illegally without a fixed residence shall preparea dossier to submit to the Chairman of the People's Committee of districts, counties,towns, cities directly under provinces (collectively referred to as district level).

The public security organ at the commune level shall take the lead and coordinatewith the Vietnam Fatherland Front, the Ho Chi Minh Communist Youth Union, theVietnam Veterans Association, the Farmers' Association, the Women's Union, et cetera,to assist the Chairman of the People's Committee at the commune level in preparingthe dossier.

Article 4. The dossier for considering the admission of addicts to compulsory rehabilitationcenters includes:

1. A brief curriculum vitae of the addict.

2. Measures for rehabilitation that have been applied.

3. Other relevant documents concerning the personal background of the addict (ifany).

4. Comments from the public security organ at the commune level, opinions from theVietnam Fatherland Front, and organizations and social groups of which the personis a member.

Article 5.The Department of Labor, Invalids and Social Affairs at the district level shall be responsiblefor coordinating with the public security organs at the same level to assist theChairman of the People's Committee at the district level in receiving and reviewingthe dossier.

Article 6.

1. The Chairman of the People's Committee at the district level decides to establishan Advisory Board to assist in reviewing the dossier for admitting addicts tocompulsory rehabilitation centers.

2. The members of the Advisory Board include: the Head of the Department of Labor,Invalids and Social Affairs as the permanent member of the Board; the Heads of theDepartment of Justice, the Department of Health, and the Public Security Organ atthe district level as members of the Board.

The permanent member of the Advisory Board shall be responsible for organizingand chairing the meeting and preparing the document to submit to the Chairman ofthe People's Committee at the district level.

3. Within five days from the date of receipt of the dossier, the Head of the Departmentof Labor, Invalids and Social Affairs shall send the dossier to the members of theAdvisory Board and convene a meeting of the Advisory Board.

4. The Advisory Board operates collectively, examining and voting on each specificcase, concluding based on majority opinion. If the addict is a minor, the AdvisoryBoard invites representatives from the child protection and care agency at thesame level to participate in the meeting.

The minutes of the Advisory Board meeting must clearly record the opinions ofeach representative present.

Article 7.The costs for preparing the dossier, admitting addicts to compulsory rehabilitationcenters, and the activities of the Advisory Board shall be drawn from the annualanti-narcotics budget of the locality.

Article 8.

1. Within four days from the date of receipt of the advisory document from theAdvisory Board, the Chairman of the People's Committee at the district level shallconsider and decide on the admission of addicts to compulsory rehabilitation centers.

2. The decision shall be sent to the individual and family of the person beingadmitted to the compulsory rehabilitation center, the Department of Labor,Invalids and Social Affairs, the public security organ, the People's Procuracy atthe district level, the People's Committee at the commune level, and the compulsoryrehabilitation center.

3. The duration of compulsory drug rehabilitation at the compulsory rehabilitationcenter ranges from one to two years.

Article 9.

1. Within three days from the date of receipt of the decision, the public securityorgan at the district level shall be responsible for transferring the individual whoshall comply with the decision to the compulsory rehabilitation center.

2. The implementation period of the decision to admit to the compulsory rehabilitationcenter shall be calculated from the time the compulsory rehabilitation centerprocesses the reception formalities.

Article 10.The regime for rehabilitation of addicts admitted to compulsory rehabilitationcenters shall be implemented in accordance with the provisions of Decree No. 20/CPdated April 13, 1996 issued by the Government regulating medical facilities accordingto the Ordinance on Administrative Violation Handling dated July 6, 1995.

Chapter III

PROCEDURES, FORMALITIES AND REGIME FOR REHABILITATION

REGARDING VOLUNTARY ADDICTS ADMITTING TO COMPULSORYREHABILITATION CENTERS

Article 11.Addicts voluntarily seeking rehabilitation admitted to compulsory rehabilitationcenters shall not be considered as being subject to administrative violation handling.

The dossier of voluntary addicts seeking admission to compulsory rehabilitationcenters includes:

1. An application for admission to the rehabilitation center from the individualor family of the voluntary addict, confirmed by the People's Committee at thecommune level where they reside. For addicts under 18 years old, there must beagreement from their parents or legal representatives.

2. A copy of the identity card or household registration book or long-term temporaryresidence certificate (accompanied by the original for verification).

3. A commitment to rehabilitation from the voluntary addict or their legalrepresentative with the rehabilitation center.

The dossier shall be submitted to the head of the rehabilitation center.

Article 12. Within seven days from the date of receipt of the dossier of voluntary addictsseeking admission to the rehabilitation center, the head of the compulsoryrehabilitation center shall review the dossier and make a decision to accept basedon the capacity of the center. The minimum duration of rehabilitation at the centeris six months.

The decision shall be sent to the individual and family of the voluntary addictseeking admission to the rehabilitation center and the People's Committee at thecommune level where they reside.

Article 13.The regime for rehabilitation of voluntary addicts admitted to compulsoryrehabilitation centers shall be implemented in accordance with the provisions ofDecree No. 20/CP dated April 13, 1996 issued by the Government regulating medicalfacilities according to the Ordinance on Administrative Violation Handling datedJuly 6, 1995.

Article 14.Voluntary addicts admitted to compulsory rehabilitation centers must contributefees during their stay at the center, except in cases of exemption or reduction inaccordance with the law. Depending on the actual situation of the locality, thePeople's Committee of provinces directly under the central government shall specifythe fee levels for treatment and health recovery at compulsory rehabilitationcenters.

Chapter IV

PROCEDURES, FORMALITIES AND REGIME FOR REHABILITATION

REGARDING MINOR ADDICTS ADMITTING TO COMPULSORYREHABILITATION CENTERS

Article 15.A person under the age of eighteen who is addicted to drugs and is at least twelveyears old shall be admitted to a compulsory drug rehabilitation facility withoutbeing subject to administrative violations.

Article 16.The procedures for establishing files for persons under the age of eighteen whowish to enter a compulsory drug rehabilitation facility shall be carried out inaccordance with the provisions of Chapter I of this Decree.

Article 17.The procedures for establishing files and the duration of compulsory drugrehabilitation for persons under the age of eighteen who voluntarily request toenter a compulsory drug rehabilitation facility shall be implemented inaccordance with Articles 12 and 13 of Chapter III of this Decree.

Article 18.Persons under the age of eighteen undergoing compulsory drug rehabilitation in afacility shall be allocated separate areas, divided into teams and classes, andarranged accommodation suitable for their age, gender, educational level, andthe nature and degree of addiction..

Living quarters must ensure ventilation during summer and wind protection duringwinter, and comply with environmental hygiene standards.

Article 19.Persons under the age of eighteen undergoing compulsory drug rehabilitation in afacility shallbe subject to management, education, and assigned labor tasks by the compulsorydrug rehabilitation facility.

Article 20. Persons under the age of eighteen undergoing compulsory drug rehabilitation in afacility who have not completed primary education must study according to theprogramme prescribed by the Ministry of Education and Training. For those withother levels of education, the facility may organize cultural studies according totheir capabilities and actual conditions.

Article 21.

1. Outside treatment and study hours, persons under the age of eighteen mustparticipate in labor organized by the compulsory drug rehabilitation facility. Thefacility has the responsibility to arrange work appropriate to their age andhealth to ensure normal physical, intellectual, and moral development.

2. Persons under the age of eighteen shall not be employed in heavy, dangerous,or harmful jobs listed by the Ministry of Labor, Invalids and Social Affairs andthe Ministry of Health.

3. The working time of persons under the age of eighteen shall not exceed theirstudy and medical treatment time. Working and studying time shall not exceedseven hours per day. Additional hours and night work for persons under the age ofeighteen can only be arranged in cases of genuine necessity and in accordancewith labor laws.

Article 22. Persons under the age of eighteen admitted to a compulsory drug rehabilitationfacility shall be provided with financial support for tuition fees, medicaltreatment costs, vocational training fees, and other expenses during the periodof execution of the decision to admit them to the facility.

Article 23.Parents or legal representatives of persons under the age of eighteen addictedto drugs are responsible for contributing monthly food expenses; in cases wherefamilies are poor, individuals eligible for preferential policies as prescribedby law, or those without a fixed place of residence, monthly food subsidies shallbe considered.

Article 24. Drug Rehabilitation Regime for persons under the age of eighteen who voluntarily request to enter acompulsory drug rehabilitation facility shall be implemented in accordance withthe provisions of this chapter.

Chapter V

IMPLEMENTING PROVISIONS

Article 25.This Decree takes effect fifteen days from the date of signature. All previousprovisions contrary to this Decree are abolished.

Article 26. Persons addicted to drugs admitted to a compulsory drug rehabilitation facilityor their legal representatives have the right to appeal to competent authoritiesregarding the admission to the compulsory drug rehabilitation facility.

The authority, procedures, and deadlines for handling appeals and complaintsabout the admission of drug addicts to a compulsory drug rehabilitation facilityshall be carried out in accordance with the relevant laws on appeals andcomplaints.

Article 27.The Ministry of Labor, Invalids and Social Affairs shall take the lead andcoordinate with the Ministries of Public Security, Finance, and Health to guidethe implementation of this Decree.

Article 28.Ministers, Heads of ministerial-level agencies, Heads of agencies under theGovernment, Chairmen of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.