This Circular amends and supplements certain provisions of Circular No. 33/2010/TT-BLDTBXH on guiding post-rehabilitation management measures. The document details the criteria for determining the subjects to whom post-rehabilitation management measures at centers apply, necessary files, and specific conditions.
Đối tượng áp dụng
Drug rehabilitation facilities; drug rehabilitation students
Các điểm cốt lõi
- Students during the last six months at compulsory drug rehabilitation facilities who violate internal regulations will be determined as subjects to whom post-rehabilitation management measures apply (Article 2).
- The Director of the drug rehabilitation facility must base on information recorded in the summary of personal history to determine the employment status, occupation, and place of residence of the student before entering the drug rehabilitation facility (Article 2).
- Within six months prior to the expiration of the decision execution period, the Director of the compulsory drug rehabilitation facility must organize a health examination for the students to determine their ability to work and produce after rehabilitation (Article 3).
- The file of a drug rehabilitation subject includes the decision to apply the measure of compulsory admission to a drug rehabilitation facility, the summary of personal history, and the health examination certificate (Article 3).
- Abolish the provision that students must have stable residence and clear employment to be eligible for post-rehabilitation management measures at centers (Clause 2, Article 9).
🌐 Tác động xã hội từ văn bản này
- Assist drug rehabilitation facilities in clearly identifying the subjects to whom post-rehabilitation management measures apply.
- Strengthen the health examination work for students before the end of the compulsory rehabilitation period to ensure they are fit for labor production.
- Reduce the requirements for stable residence and employment for students, creating more favorable conditions for applying post-rehabilitation management measures.
- subjects to whom post-rehabilitation management measures may face difficulties when lacking the conditions for labor production or stable residence.
❓ Câu hỏi thường gặp
Who will be identified as a subject to whom post-rehabilitation management measures apply?
Students during the last six months at compulsory drug rehabilitation facilities who violate internal regulations will be determined as subjects to whom post-rehabilitation management measures apply (Article 2).
What information must the Director of the drug rehabilitation facility base on to determine the employment status, occupation, and place of residence of the student?
The Director of the drug rehabilitation facility must base on the information recorded in the summary of personal history (Article 2).
Within how long before the expiration of the decision execution period must the Director of the compulsory drug rehabilitation facility organize a health examination for the students?
Within six months before the expiration of the decision execution period (Article 3).
What does the file of a drug rehabilitation subject include?
It includes the decision to apply the measure of compulsory admission to a drug rehabilitation facility, the summary of personal history, and the health examination certificate (Article 3).
Does this Circular abolish any provisions?
Abolishes Point h and Point i Clause 2, Article 9 of Circular No. 33/2010/TT-BLDTBXH dated November 1, 2010 (Article 4).
Toàn văn
CIRCULAR
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 33/2010/TT-BLDTBXH DATED NOVEMBER 1, 2010 OF THE MINISTRY OF LABOR, WAR INVALIDS, AND SOCIAL AFFAIRS GUIDING CERTAIN PROVISIONS OF DECREE NO. 94/2009/NĐ-CP DATED OCTOBER 26, 2009 OF THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE LAW ON PREVENTION AND CONTROL OF DRUG ABUSE REGARDING POST-TREATMENT MANAGEMENT AFTER DRUG DEPENDENCY TREATMENT CONCERNING PROCEDURES AND FORMALITIES FOR APPLYING POST-TREATMENT MANAGEMENT MEASURES AFTER DRUG DEPENDENCY TREATMENT
Pursuant to the Law on Prevention and Control of Drugs dated December 9, 2000;
Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Drugs dated June 3, 2008;
Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;
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 Circular No. 33/2010/TT-BLDTBXH dated November 1, 2010 of the Ministry of Labor, War Invalids, and Social Affairs guiding certain provisions of 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 concerning procedures and formalities for applying post-treatment management measures after drug dependency treatment;
At the proposal of the Director of the Department of Social Evils Prevention and Control,
The Minister of Labor, War Invalids, and Social Affairs issues this Circular amending and supplementing certain articles of Circular No. 33/2010/TT-BLDTBXH dated November 1, 2010 of the Ministry of Labor, War Invalids, and Social Affairs guiding certain provisions of 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 concerning procedures and formalities for applying post-treatment management measures after drug dependency treatment.
Article 1. Contents of amendments and supplements
1. Supplement Clause 3, Article 1 as follows:
"3. The drug rehabilitation facility specified in Point d, Clause 1, Article 17 of Decree No. 94/2009/NĐ-CP is a facility with the function of receiving and treating drug addiction for persons subject to compulsory drug rehabilitation measures under the Law on Prevention and Control of Drugs and persons subject to administrative handling measures for compulsory drug rehabilitation under the Law on Handling Administrative Violations."
2. Article 2 is amended as follows:
"Article 2. Determination of subjects subject to post-drug rehabilitation management at the Center
The determination of subjects subject to post-drug rehabilitation management at the Center shall be carried out in accordance with Clause 1 and Clause 2 of Article 17 of Decree No. 94/2009/NĐ-CP as follows:
1. The determination of drug rehabilitation students (hereinafter referred to as students) during a six-month period who have violated internal regulations and rules of compulsory drug rehabilitation facilities must be based on the behavior of the students during the last six months at the compulsory drug rehabilitation facility.
2. The determination of employment status, job situation, and place of residence of students before entering drug rehabilitation facilities: The director of the drug rehabilitation facility bases the determination on information recorded in the Summary of Personal History issued together with Circular No. 14/2014/TT-BLDTBXH dated June 12, 2014 of the Ministry of Labor, War Invalids, and Social Affairs promulgating forms for establishing application files, implementing decisions on applying administrative handling measures for compulsory drug rehabilitation, and guiding the establishment of internal regulations and rules for students at compulsory drug rehabilitation facilities.
3. Determination of students' health condition for vocational training and production labor: Within six months before the end of the execution period, the director of the compulsory drug rehabilitation facility must organize a health examination for the students. The health examination shall be conducted in accordance with Circular No. 14/2013/TT-BYT dated May 6, 2013 of the Ministry of Health on guiding health examinations.
4. The director of the compulsory drug rehabilitation facility bases the assessment of disciplinary compliance, study, and training of students on their management files. Students who conscientiously comply with discipline, study, and training are those who, during the compulsory drug rehabilitation period, do not violate warnings or higher disciplinary actions."
3. Article 3 is amended as follows:
"Article 3. Files of drug rehabilitation subjects (copies stamped by the drug rehabilitation facility) include:
1. Decision on applying compulsory drug rehabilitation measures by competent authorities;
2. Summary of personal history of persons subject to compulsory drug rehabilitation measures;
3. Health examination certificate of students issued by the health authority as stipulated in Circular No. 14/2013/TT-BYT dated May 6, 2013 of the Ministry of Health on guiding health examinations.
4. Management files of students during the compulsory drug rehabilitation period."
4. Abolish Point h and Point i of Clause 2, Article 9 of Circular No. 33/2010/TT-BLDTBXH dated November 1, 2010.
Article 2. Implementation clause
1. This Circular takes effect from February 15, 2015.
2. In cases where students are admitted to drug rehabilitation facilities according to decisions made by competent authorities signed before January 1, 2014, they shall be implemented in accordance with Circular No. 33/2010/TT-BLDTBXH dated November 1, 2010 of the Ministry of Labor, War Invalids, and Social Affairs guiding certain provisions of 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 concerning procedures and formalities for applying post-treatment management measures after drug dependency treatment.
3. The director of the drug rehabilitation facility is responsible for preparing application files for post-drug rehabilitation management measures in accordance with this Circular and relevant laws on post-drug rehabilitation management for students who have completed compulsory drug rehabilitation periods at the facility.
During the implementation process, if there are any arising issues or difficulties, please promptly report to the Ministry of Labor, War Invalids, and Social Affairs for guidance and resolution./.
DEPUTY MINISTER
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