Decree No. 43/2005/NĐ-CP on the regulation of placing drug addicts and sex workers without a fixed residence for temporary accommodation at medical facilities

DECREE OF THE GOVERNMENT

Regulations on placing drug addicts and prostitutes without a fixed residence for temporary accommodation at medical facilities

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THE GOVERNMENT

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

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

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Based on the Ordinance on Prevention and Control of Prostitution dated March 17, 2003;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the subjects, authority, procedures for establishing files, issuing decisions, and treatment regimes for drug addicts and prostitutes without a fixed residence who are placed for temporary accommodation at medical facilities while awaiting the Chairman of the People's Committee of districts, towns, cities under provinces (hereinafter referred to collectively as district level) to consider and decide on the application of measures to place them in medical facilities.

Article 2. Subjects to be placed for temporary accommodation at medical facilities

The following subjects shall be placed for temporary accommodation at medical facilities:

1. Drug users aged 12 years or older caught using drugs illegally without a fixed residence.

2. Prostitutes aged 16 to 55 years old caught engaging in prostitution or those who frequently engage in prostitution without a fixed residence.

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. "Person without a fixed residence" refers to a person who cannot determine their registered permanent household registration or temporary residence registration and frequently wanders around without a fixed abode; or a person with a registered permanent household registration or temporary residence registration but does not live there and frequently wanders around without a fixed abode.

2. "Placing for temporary accommodation at a medical facility" is a preventive measure and guarantee for administrative violation handling procedures decided by the Head of the Police Department at the district level to compel the subjects specified in Article 2 of this Decree to temporarily reside at a medical facility during the process of conducting procedures to consider and decide on the application of measures to place them in a medical facility.

3. "Temporary accommodation area" is a separate area established at a medical facility for the subjects specified in Article 2 of this Decree to temporarily reside during the process of submitting procedures to the Chairman of the People's Committee at the district level for consideration and decision on the application of measures to place them in a medical facility.

4. "Medical facility" refers to Centers for Treatment-Education-Social Labor established according to the provisions of Government Decree No. 135/2004/NĐ-CP dated June 10, 2004, which stipulates the regime for applying measures to place individuals in medical facilities, organizing activities of medical facilities according to the Ordinance on Administrative Violation Handling and the regime applicable to minors and voluntary entrants to medical facilities (hereinafter referred to as Decree No. 135/2004/NĐ-CP).

Article 4. Duration of placement for temporary accommodation at a medical facility

The duration of temporary accommodation at a medical facility for drug users and prostitutes shall not exceed 15 days.

Article 5. Authority to decide on the application of measures for temporary accommodation at a medical facility

The Head of the Police Department at the district level decides on the placement of individuals for temporary accommodation at a medical facility.

Article 6. Principles for applying measures for temporary accommodation at a medical facility

1. Placement for temporary accommodation at a medical facility must follow the procedures, formalities, and authorities prescribed in this Decree and relevant laws.

2. Individuals placed for temporary accommodation at a medical facility have not yet been considered as being subject to administrative measures for placement in a medical facility.

3. Respect for the dignity, personality, life, health, and property of individuals placed for temporary accommodation at a medical facility must be ensured.

Article 7. Funding for implementation

Funding for the renovation, repair, construction of temporary accommodation areas, procurement of equipment for accommodation and management of individuals placed for temporary accommodation at a medical facility includes: food, clothing, accommodation, living expenses, education, labor, medical treatment, and other costs as prescribed by law, provided by the state budget and allocated annually in the budget for the operation of medical facilities.

PART II
PROCEDURES FOR TEMPORARY ACCOMMODATION AT MEDICAL FACILITIES
AT MEDICAL FACILITIES

Article 8. Establishing a file to propose temporary accommodation at a medical facility

1. When police forces discover subjects as specified in Article 2 of this Decree, they shall establish records and files in accordance with the law.

2. In cases where subjects are directly discovered by police at commune, ward, town levels (hereinafter referred to collectively as commune level) or by the police at the district level, they shall establish records and files and report to the Head of the Police Department at the district level.

3. In cases where subjects are directly discovered by provincial police or municipal police under the central government (hereinafter referred to collectively as provincial level), they shall establish records and files and transfer them to the police department at the district level where the subject committed the violation for the Head of the Police Department at the district level to consider and decide.

Article 9. Considering and deciding on temporary accommodation at a medical facility

On the basis of records and files about subjects proposed for temporary accommodation at a medical facility sent by police at various levels, within the time limit prescribed in Article 11 of this Decree, the Head of the Police Department at the district level shall consider and decide on the placement of subjects for temporary accommodation at a medical facility according to local regulations.

Article 10. Files for temporary accommodation at a medical facility

Files for placing individuals for temporary accommodation at a medical facility include:

1. Records of illegal acts and results of drug testing (for drug users).

2. Self-declared personal history of individuals placed for temporary accommodation at a medical facility.

3. Verification of the subject's lack of a fixed residence.

4. Decision on temporary accommodation at a medical facility issued by the Head of the Police Department at the district level.

Article 11. Time limit for deciding on temporary accommodation at a medical facility

1. The time limit for considering and deciding on temporary accommodation at a medical facility shall not exceed 12 hours; in necessary cases, this period may be extended but shall not exceed 24 hours; for remote mountainous and island areas, the detention period may be extended but shall not exceed 48 hours, starting from the time of detaining the violator according to Articles 44 and 45 of the Ordinance on Administrative Violation Handling. If the Head of the Police Department at the district level fails to issue a decision on temporary accommodation at a medical facility beyond the above time limit, the detained person must be released immediately.

2. The procedures, authority for temporary detention of persons and treatment of persons under temporary detention shall be carried out in accordance with the provisions of the law on administrative temporary detention.

Article 12. Sending the decision to temporarily reside at a medical facility

The decision to temporarily reside at a medical facility shall be sent to the person who is temporarily residing at the medical facility, the Department of Labor - Invalids and Social Affairs, the labor - invalids and social affairs agency, the police agency, the People's Council of the district where the violation occurred, the People's Committee of the commune where the person resides, and the family or close relatives of the person (if any).

Article 13. Content of the decision to temporarily reside at a medical facility

The decision to temporarily reside at a medical facility must clearly state the date, month, and year of issuance; the name, position of the issuer; the name, date of birth, occupation, place of permanent household registration (if ascertainable) of the subject being temporarily residing at the medical facility; the illegal act of the subject and the article, clause of the legal document applied; the duration and place of execution of the decision; the right to appeal and initiate litigation against the decision to temporarily reside at a medical facility in accordance with the law.

Article 14. Enforcement of the decision to temporarily reside at a medical facility

1. The county-level police agency where the subject committed the violation shall be responsible for transferring the subject required to comply with the decision to temporarily reside at a medical facility.

2. The period of compliance with the decision to temporarily reside at a medical facility shall be calculated from the day the subject is transferred to the medical facility.

Article 15. Procedures for receiving persons temporarily residing at a medical facility

The medical facility shall be responsible for receiving and managing persons temporarily residing at the medical facility. When receiving persons temporarily residing at the medical facility, the medical facility must perform the following tasks:

1. Reviewing and deciding on temporary residence at the medical facility and other necessary documents to ensure that the temporary residence is correct and lawful.

2. Preparing a record of handover of files and transfer of persons temporarily residing at the medical facility, while determining their health status.

3. Registering the list of subjects temporarily residing at the medical facility in the tracking book.

4. Informing the internal regulations of the medical facility to the subjects temporarily residing at the medical facility, inspecting their bodies and belongings before they enter temporary residence. The body inspection of the subjects temporarily residing at the medical facility must be conducted by a person of the same gender in a private room.

5. Registering temporary residence with the commune-level police where the medical facility is located.

Article 16. Completing the file to apply administrative measures for placement in a medical facility

When transferring a person required to comply with the decision to temporarily reside at a medical facility, the county-level police agency must promptly coordinate with relevant agencies to complete the file of the subject in accordance with the law and send it to the Chairman of the People's Committee of the district where the subject committed the violation. The file to apply administrative measures for placement in a medical facility includes:

1. Summary of criminal history.

2. Documents regarding the violations of the subject.

3. Verification of the subject's lack of a fixed residence.

4. Decision on temporary accommodation at a medical facility issued by the Head of the Police Department at the district level.

5. Medical records (if available).

6. Applied educational measures (if available).

Procedure and process for reviewing and placing subjects in a medical facility shall be implemented in accordance with the provisions of Decree No. 135/2004/NĐ-CP.

Article 17. Implementing the decision to place in a medical facility

When the person temporarily residing at a medical facility has a decision from the Chairman of the People's Committee of the district to be placed in a medical facility, the medical facility shall transfer the person out of the temporary residence area to implement the decision to be placed in a medical facility.

If the person temporarily residing at a medical facility has a decision to be placed in a medical facility, the time spent in temporary residence at the medical facility shall be counted towards the time of compliance with the decision. One day of temporary residence at the medical facility counts as one day of compliance with the measure of placement in a medical facility.

The decision to place in a medical facility by the Chairman of the People's Committee of the district for drug users aged 12 to under 18 years old shall not be considered an administrative violation handling.

Article 18. Expiration of the period of compliance with the decision to temporarily reside at a medical facility

1. If the temporary residence period expires and the Chairman of the People's Committee of the district does not issue a decision to place the subject in a medical facility, the Head of the police agency of the district which issued the decision to temporarily reside at the medical facility shall decide to allow the subject to return to the community.

2. In case the temporary residence period expires and the Chairman of the People's Committee of the district does not issue a decision to place in a medical facility, and the Head of the police agency of the district which issued the decision to temporarily reside at the medical facility still does not decide to allow the subject to return to the community, they shall bear responsibility under the law for that matter. In this case, the Director of the medical facility shall report to the Director of the Department of Labor - Invalids and Social Affairs and the Director of the provincial police agency, and simultaneously decide to allow the subject to return to the community.

Article 19. Administrative bail for persons with a decision to temporarily reside at a medical facility

1. During the verification of the background to complete the subject's file, if it is determined that the subject has a fixed place of residence, the county-level police agency where the subject committed the violation shall transfer the subject's file to the county-level police agency where the subject resides to request the Chairman of the People's Committee of the district where the subject resides to decide to assign administrative bail to the family or social organization where the subject resides. In case the subject is a minor, the responsibility for administrative bail shall be assigned to the parents or guardian.

2. The family, social organizations, or individuals assigned the responsibility for bail shall be responsible for ensuring that the subject does not continue to violate the law and guarantee the presence of the subject at their place of residence when requested.

3. The Head of the police agency of the district which issued the decision to temporarily reside at the medical facility shall be responsible for revoking that decision.

Article 20. Establishing a temporary residence area

Healthcare facilities must establish a separate area to manage individuals temporarily housed at the healthcare facility and must hang a sign clearly stating: "Temporary Housing Area". Within the temporary housing area, the following categories must be separated:

1. Women.

2. Individuals with dangerous infectious diseases.

3. Minors. In the minor's area, males and females must also be separated.

Article 21. Temporarily transferring individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility upon request from criminal proceedings authorities.

1. The temporary transfer of individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility can only be carried out based on a written request from the competent authority as stipulated in criminal procedure laws.

2. The written request from the competent authority must clearly state:

a) The agency, name, position, and rank of the person making the request;

b) Name, age, address, date of being temporarily housed at the healthcare facility, and the violation of the law by the individual being temporarily transferred out of the healthcare facility;

c) Purpose and duration of temporarily transferring individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility;

d) Name, position, and rank of the staff directly receiving individuals who are executing a decision to be temporarily housed at a healthcare facility and are temporarily transferred out of the healthcare facility.

The competent authority requesting the temporary transfer of individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility must clearly record the date, month, year, and sign the head of the agency on the written request for temporarily transferring individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility, and affix the seal.

3. The agency requesting the temporary transfer of individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility is responsible for transporting the individual and returning them to the healthcare facility within the time limit specified in the written request for temporarily transferring individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility. When handing over and receiving the individual, the healthcare facility must prepare a handover receipt. If the deadline is exceeded, a written notice must be provided to the Director of the healthcare facility. The time spent outside the healthcare facility during temporary transfer is counted towards the execution period of the decision.

4. The Director of the healthcare facility must require the staff directly implementing the temporary transfer of individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility to provide all documents as stipulated in Clauses 2 and 3 of this Article for review and verification to ensure accuracy and to complete the handover procedures, including recording the health status of the individual.

5. The healthcare facility must maintain a logbook for tracking the temporary transfer of individuals who are executing a decision to be temporarily housed at a healthcare facility out of the healthcare facility.

CHAPTER III
REGIME FOR INDIVIDUALS TEMPORARILY HOUSED AT HEALTHCARE FACILITIES
TEMPORARILY AT THE TREATMENT FACILITY

Article 22. Management and Education Regime

Individuals temporarily housed at healthcare facilities must comply with management, education, and adhere to the internal regulations of the healthcare facility and relevant laws.

Article 23. Food and Clothing Regime

1. Based on the actual situation of the locality, the People's Committee of the province shall specify the food allowance for individuals temporarily housed at healthcare facilities. The food standards and quantities for individuals temporarily housed at healthcare facilities shall be equivalent to those for individuals executing decisions to be housed at healthcare facilities at that location.

2. During the temporary housing period, individuals temporarily housed at healthcare facilities may use their own clothing, quilts, and mosquito nets. In cases where individuals temporarily housed at healthcare facilities lack clothing, quilts, and mosquito nets, the healthcare facility will lend them.

Article 24. Accommodation Regime

Individuals temporarily housed at healthcare facilities are arranged to stay in communal rooms. Arrangements are made according to age, nature, severity of violation, gender, and health condition. Living quarters must ensure ventilation in summer and wind protection in winter, and meet environmental hygiene standards. The minimum lying area per person is 2.5 m². Individuals temporarily housed at healthcare facilities are provided with separate beds or floor space, with mats, quilts, and mosquito nets.

Article 25. Travel, Communication, and Daily Life Regime

1. Individuals temporarily housed at healthcare facilities are free to move within the temporary housing area; they can purchase and spend money on personal needs; they can meet relatives (visitors must have identification cards); they can receive and send letters; they can receive money, gifts, quilts, clothing, medical supplies, food, and other essential personal items sent by relatives; they can participate in cultural, sports, entertainment activities, and other collective activities organized by the healthcare facility.

2. Individuals temporarily housed at healthcare facilities are not allowed to receive, purchase, or use alcohol, beer, stimulants, prohibited items, and restricted cultural products.

Article 26. Medical Treatment, Rehabilitation, Study, and Labor Regime

1. Individuals temporarily housed at healthcare facilities are entitled to medical treatment and rehabilitation.

2. Individuals temporarily housed at healthcare facilities are required to attend civic education programs once a week, each session lasting four hours.

3. Depending on the specific conditions of the healthcare facility, the Director of the healthcare facility may arrange for individuals to engage in labor combined with vocational training suitable for their age and individual circumstances.

Article 27. Property Custody Regime

Persons brought into temporary residence at medical facilities may bring essential personal items. Money and other assets they carry must be deposited with the designated location of the medical facility and will be returned when they are released or transferred to another place. Items that cannot be stored during their temporary residence at the medical facility, if they need to be destroyed, shall be decided on in writing by the Director of the medical facility. Destruction must be witnessed by the person brought into temporary residence and a record of destruction must be established. Prohibited items shall be temporarily seized and managed by the Director of the medical facility for return or transfer to the competent authority upon release or transfer. In case the medical facility damages or loses money or property deposited by persons brought into temporary residence, compensation must be provided to them.

Article 28. Treatment regime for seriously ill or critically ill persons

1. In cases where persons undergoing a decision to be brought into temporary residence at a medical facility suffer from serious illness or critical illness beyond the treatment capacity of the medical facility, they shall be transferred to state hospitals. The treatment time shall be counted towards the execution of the decision. For incurable critical illnesses, the remaining time in the decision shall be exempted from enforcement.

2. Hospitalization costs during this period shall be covered by the medical facility from the state budget. The Ministry of Finance shall lead and coordinate with the Ministry of Health to provide detailed guidance on the level of payment for treatment costs for the subjects specified in this Article.

Article 29. Regime for deceased persons

During the execution of the decision, if a person brought into temporary residence at a medical facility dies, the Medical Facility Management Board must immediately report to the investigation agency, the People's Procuracy, and the nearest health agency to confirm the cause of death, with witnesses present. If necessary, forensic examination may be requested to determine the cause of death, while simultaneously informing the deceased's relatives about burial arrangements. Within 24 hours, if the deceased's relatives cannot be identified or do not arrive in time, the Medical Facility Management Board is responsible for organizing the burial. Forensic examination fees and burial expenses shall be covered by the state budget according to the provisions of the law.

PART IV
RESPONSIBILITIES OF NATIONAL ADMINISTRATIVE AUTHORITIES IN BRINGING PERSONS INTO TEMPORARY RESIDENCE
AT MEDICAL FACILITIES

Article 30. Responsibilities of the Ministry of Labor - War Invalids and Social Affairs

The Ministry of Labor, Invalids and Social Affairs is responsible for:

1. Inspecting and supervising the bringing of individuals into temporary residence at medical facilities to ensure these activities comply with the law.

2. Guiding and directing localities to plan temporary residence areas; organizing the reception of persons brought into temporary residence at medical facilities.

3. Coordinating with the Ministry of Interior to guide the responsibilities and authorities of the Director of the medical facility in managing and educating persons brought into temporary residence at medical facilities.

Article 31. 2. Direct subordinate units of the Ministry of Public Security to coordinate with the Central Post and Telecommunications Administration and the enterprise designated to maintain and manage the public postal network in reviewing the political standards of workers participating directly in the provision of KT1 postal services when required.

The Ministry of Public Security is responsible for:

1. Directing and guiding public security agencies at all levels in the arrest and decision to bring persons into temporary residence at medical facilities.

2. Directing and guiding the organization of bringing persons into temporary residence at medical facilities.

3. Directing and guiding public security agencies at all levels to perform other functions related to the application of measures to bring into temporary residence at medical facilities as prescribed by law.

Article 32. Responsibilities of the Ministry of Public Security

The Ministry of Finance is responsible for leading and coordinating with the Ministry of Labor, Invalids and Social Affairs to stipulate the level of financial assistance for medicine, vocational training, purchase of essential personal items, and other expenses for persons brought into temporary residence at medical facilities.

Article 33. Responsibilities of People's Committees at all levels

People's Committees at all levels within their scope of functions and tasks are responsible for:

1. Implementing the provisions of this Decree.

2. Creating favorable conditions for medical facilities located in their locality to fulfill their tasks.

3. Provincial People's Committees shall cooperate with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, and relevant ministries and sectors in organizing and managing medical facilities in their locality; guiding and directing the Department of Labor, Invalids and Social Affairs to direct medical facilities to ensure accommodation for individuals without a fixed residence during the process of examining and deciding on the application of measures to bring them into medical facilities.

CHAPTER V
PETITIONS, COMPLAINTS - REWARDS AND VIOLATION HANDLING

Article 34. Petitions, complaints, and administrative lawsuits

1. Persons brought into temporary residence at medical facilities or their legitimate representatives have the right to petition or file an administrative lawsuit against decisions to bring them into temporary residence at medical facilities contrary to the law.

2. Every citizen has the right to complain about illegal acts in bringing persons into temporary residence at medical facilities.

3. The authority, procedures, and deadlines for handling petitions, complaints, and administrative lawsuits shall be implemented in accordance with the laws on petitions and complaints and the laws on procedures for resolving administrative cases.

Article 35. Rewards and violation handling for persons authorized to implement the measure of bringing persons into temporary residence at medical facilities

1. Individuals and organizations with outstanding achievements in implementing the measure of bringing persons into temporary residence at medical facilities shall be rewarded according to the general reward system of the State.

2. Persons authorized to implement the measure of bringing persons into temporary residence at medical facilities who shield or cover up illegal acts; infringe upon the health, reputation, and dignity of persons brought into temporary residence at medical facilities or violate other provisions of the law shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if material damage is caused, compensation must be provided according to the law.

Chapter VI
IMPLEMENTING PROVISIONS

Article 36. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette.

All previous regulations contrary to this Decree are hereby abolished.

Article 37. Implementation guidance

The Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Finance, and relevant ministries and sectors within their scope of functions, tasks, and powers shall be responsible for coordinating to provide detailed guidance, inspect, and report to the Prime Minister on the implementation of this Decree.

Article 38. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.