Joint Circular No. 43/2011/TTLT-BLDTBXH-BYT guides the issuance of permits and management of voluntary drug rehabilitation facilities.

JOINT CIRCULAR

Guidelines for issuing permits and managing the operations of voluntary drug rehabilitation facilities

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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;

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government stipulating conditions and procedures for issuing permits and managing the operations of voluntary drug rehabilitation facilities;

Pursuant to Decree No. 94/2011/NĐ-CP dated October 18, 2011 of the Government amending and supplementing certain articles of Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government stipulating conditions and procedures for issuing permits and managing the operations of voluntary drug rehabilitation facilities;

Jointly issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health, these guidelines provide instructions on issuing permits and managing the operations of voluntary drug rehabilitation facilities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars provide guidance on:

1. Conditions for issuing permits for medical examination and treatment activities for detoxification and health recovery rooms within voluntary drug rehabilitation facilities (hereinafter referred to as specialized rooms).

2. Conditions, documents, and procedures for issuing permits for voluntary drug rehabilitation activities.

3. Management of voluntary drug rehabilitation facilities (hereinafter referred to as rehabilitation facilities).

Article 2. Applicability

1. These joint circulars apply to agencies, units, organizations, and individuals involved in voluntary drug rehabilitation activities in Vietnam as prescribed in Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government stipulating conditions and procedures for issuing permits and managing the operations of voluntary drug rehabilitation facilities (hereinafter referred to as Decree No. 147/2003/NĐ-CP) and Decree No. 94/2011/NĐ-CP dated October 18, 2011 of the Government amending and supplementing certain articles of Decree No. 147/2003/NĐ-CP stipulating conditions and procedures for issuing permits and managing the operations of voluntary drug rehabilitation facilities (hereinafter referred to as Decree No. 94/2011/NĐ-CP).

2. The agency responsible for issuing permits and managing the operations of voluntary drug rehabilitation facilities.

3. Other organizations and individuals related to the issuance of permits and management of the operations of voluntary drug rehabilitation facilities.

Chapter II

CONDITIONS FOR ISSUING PERMITS FOR VOLUNTARY DRUG REHABILITATION ACTIVITIES

Article 3. Conditions for issuing permits for the operation of rehabilitation facilities that implement detoxification, withdrawal, and health recovery treatments

1. Physical facilities must meet the conditions stipulated in Clause 1, Article 5 of Decree No. 147/2003/NĐ-CP and the following specific conditions:

a) For specialized rooms implementing detoxification, withdrawal, and health recovery treatments:

To be eligible for a permit for medical examination and treatment activities, in addition to meeting the conditions specified in Article 25 of Circular No. 41/2011/TT-BYT dated November 14, 2011 of the Ministry of Health guiding the issuance of practice certificates for practitioners and permits for medical examination and treatment facilities (hereinafter referred to as Circular No. 41/2011/TT-BYT), they must also meet the following additional conditions:

- The area for detoxification, withdrawal, and emergency care must have a minimum usable area of 5m²/person undergoing rehabilitation;

- The area for post-detoxification monitoring and health recovery must have a minimum usable area of 5m²/person undergoing rehabilitation; with basic living amenities (common bathroom; individual bed, mat, quilt, mosquito net for each person) to ensure a minimum stay of 20 days from the start of detoxification and withdrawal;

- Must have sufficient medical equipment as stipulated in Clause 2, Article 25 of Circular No. 41/2011/TT-BYT and other equipment as specified in Appendix 1 attached hereto;

- Must have sufficient detoxification, withdrawal, emergency, and other necessary medications as specified in Appendix 2 attached hereto.

b) Regarding measures and means to ensure security, public order, and safety of lives for staff, employees, and persons undergoing rehabilitation: Must comply with the provisions of Joint Circular No. 19/2006/TTLT-BLĐTBXH-BCA dated December 29, 2006 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Public Security guiding cooperation in ensuring security, public order, and the provision and management of support tools for Social Rehabilitation Centers (hereinafter referred to as Joint Circular No. 19/2006/TTLT-BLĐTBXH-BCA);

c) Regarding electrical systems, water supply systems, fire prevention and extinguishing equipment, and wastewater and waste disposal systems: Must comply with the provisions of Joint Circular No. 35/2010/TTLT-BLĐTBXH-BTNMT dated November 18, 2010 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Natural Resources and Environment guiding environmental management and protection in facilities managing drug users, sex workers, and former drug users (hereinafter referred to as Joint Circular No. 35/2010/TTLT-BLĐTBXH-BTNMT).

2. Regarding personnel, they must meet the conditions stipulated in Clause 3, Article 1 of Decree No. 94/2011/NĐ-CP, specifically as follows:

a) The head of the rehabilitation facility must hold a certificate confirming completion of training in drug rehabilitation management issued by the labor, invalids, and social affairs authority or provincial-level health authority;

b) The person in charge of specialized work and those directly involved in rehabilitation and health recovery must meet the conditions stipulated in Clause 3, Article 25 of Circular No. 41/2011/TT-BYT and the following conditions:

- Hold a certificate confirming completion of training in drug rehabilitation methods issued by a competent state authority;

- Be full-time employees at the rehabilitation facility.

c) Other staff working at the rehabilitation facility must possess academic degrees, certificates, or qualification certificates relevant to their assigned tasks and the scale of the facility's operations.

Article 4. Conditions for issuing a license to operate a drug rehabilitation facility for educational activities, behavior and character recovery; labor therapy, vocational guidance, skill training, community reintegration preparation; and relapse prevention.

1. Physical facilities must meet the physical infrastructure conditions stipulated in Clause 1, Article 5 of Decree No. 147/2003/NĐ-CP and the following specific conditions:

a) There must be a living area for individuals undergoing rehabilitation with a minimum living space of 5m² per person; common amenities (maximum 10 people per toilet); each individual must have their own bed, mat, quilt, and mosquito net to ensure hygienic living and dining conditions during the rehabilitation period.²b) There must be suitable areas and equipment for organizing educational activities, cultural and political education, recreational activities, cultural and artistic events; there must be sufficient educational materials for behavior and character recovery for drug users as prescribed in Circular Joint No. 01/2006/TTLT-BLDTBXH-BGD&ĐT-BYT dated January 18, 2006, issued by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, and the Ministry of Health guiding cultural education and behavior recovery work for drug users, sex workers, and post-drug rehabilitation individuals.

c) Facilities and equipment for organizing labor therapy, vocational guidance, skill training, community reintegration preparation, and relapse prevention:

- There must be a workshop or classroom equipped according to the program, curriculum, goals, and content of each profession organized at the facility;

- The land area for labor therapy and production activities must be appropriate for each profession organized at the facility;

- Labor therapy organization must have a plan that matches the age, health, and gender of drug users; depending on the specific profession, work should progress from light to heavy tasks, from simple to complex jobs.

d) Recreational, cultural, artistic, and sports areas:

- There must be a gym, fitness room, and sports field for health recovery;

- Necessary equipment for functional recovery training must be provided.

đ) Security measures and equipment must be in place to ensure safety and order for staff and individuals undergoing rehabilitation, as guided by Circular Joint No. 19/2006/TTLT-BLDTBXH-BCA.

e) The electrical system, water supply system, fire protection equipment, wastewater treatment system, and waste management system must operate stably as directed by Circular Joint No. 35/2010/TTLT-BLDTBXH-BTNMT.

2. Regarding personnel, they must comply with the provisions of Point 2, Clause 4, Article 1 of Decree No. 94/2011/NĐ-CP and the following specific conditions:

a) The head of the drug rehabilitation facility or the person responsible for rehabilitation and recovery must have:

- A certificate confirming at least 12 months of experience in drug rehabilitation and recovery work issued by authorized drug rehabilitation facilities;

- A certificate of completion of training in drug rehabilitation management work issued by the Department of Labor, Invalids and Social Affairs or the Department of Health at provincial level or higher.

b) Other staff working at the drug rehabilitation facility must hold academic degrees, certificates, or qualification certificates relevant to their assigned tasks and the scale of operations of the drug rehabilitation facility.

b) Other employees working at the drug rehabilitation facility must have diplomas, certificates, or certificates of professional qualifications in fields appropriate to the tasks assigned to them and the scale of operations of the drug rehabilitation facility.

Article 5. Conditions for Issuing a Permit to Operate a Drug Rehabilitation Facility Implementing the Entire Drug Detoxification and Recovery Process

A drug rehabilitation facility implementing the entire detoxification and recovery process as stipulated in Clause 5, Article 1 of Decree No. 94/2011/NĐ-CP must meet all conditions prescribed in Decree No. 147/2003/NĐ-CP and the conditions set forth in Articles 3 and 4 of this Circular.

Chapter III

PROCEDURES FOR ISSUING, EXTENDING, AND REVOKING PERMITS TO OPERATE DRUG DETOXIFICATION FACILITIES

Article 6. Documents for Requesting Issuance, Extension of a Permit to Operate a Drug Detoxification Facility

1. The documents for requesting issuance of a permit to operate a drug detoxification facility include the following:

a) An application form for issuing a permit to operate a drug detoxification facility according to the model prescribed in Appendix 3 attached to this Circular.

b) A certified copy of the establishment decision issued by the competent state agency for voluntary drug rehabilitation facilities established by the state, or a business registration certificate or investment license in accordance with the law for other drug rehabilitation facilities.

c) A declaration of existing material resources of the facility, including: Declaration of material resources; declaration of equipment; certified copy of fire prevention and extinguishing certification; certified copy of wastewater and waste treatment certification.

d) Documentation proving sufficient human resource conditions as prescribed in this Circular, including: Certified copy of graduation certificates from college level or higher for the head of the drug rehabilitation facility; list of staff members and certified copies of their academic degrees, certificates, and professional qualifications.

đ) For facilities specified in Articles 3 and 5 of this Circular, they must also provide a certified copy of the operating permit for specialized rooms conducting detoxification, withdrawal, and health recovery treatments.

The procedures for requesting issuance, reissuance, and amendment of permits to operate drug detoxification and recovery services shall be carried out in accordance with the laws on medical examination and treatment.

2. The documents for requesting extension of a permit to operate a drug detoxification facility include the following:

a) An application form for extending a permit to operate a drug detoxification facility according to the model prescribed in Appendix 3 attached to this Circular;

b) A certified copy of the existing permit to operate a voluntary drug detoxification facility already issued by the competent state management agency;

c) A detailed report on the organization and results of the drug detoxification facility's operations over the last five consecutive years, including: General information about the facility, changes in material resources and personnel, specific annual operation results, suggestions, and proposals.

Article 7. Procedures for Issuing and Extending Permits to Operate Drug Detoxification Facilities

1. The documents for requesting issuance and extension of a permit to operate a drug detoxification facility submitted by a drug detoxification facility established by an organization, entity, or individual must be compiled into one set and directly sent or mailed to the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city (hereinafter referred to as the Department of Labor, Invalids, and Social Affairs) where the drug detoxification facility is located.

Specifically, the documents for requesting an extension of a permit must be sent to the Department of Labor, Invalids, and Social Affairs at least 30 working days before the expiration date.

2. Procedures and time limits for reviewing applications for issuance and extension of permits to operate drug detoxification facilities:

a) Organizations and individuals requesting issuance or extension of a permit to operate a drug detoxification facility submit the documents to the Department of Labor, Invalids, and Social Affairs (Anti-social Evils Prevention and Control Division). Upon receiving complete documents, the receiving agency issues a receipt for the documents according to the model prescribed in Appendix 4 attached to this Circular.

b) In cases where organizations and individuals come to handle the procedures for requesting issuance or extension of a permit to operate a drug detoxification facility but the documents are incomplete according to regulations, within no more than three working days from the date recorded on the receipt, the receiving agency must issue a written notice to the organization or individual to supplement and complete the documents in accordance with regulations;

c) Within twenty working days for issuance permit requests and fifteen working days for extension permit requests, starting from the date recorded on the receipt, the Department of Labor, Invalids, and Social Affairs must organize a review of the conditions and documents of the facility and report the review results to the People's Committee of the province or centrally-administered city (hereinafter referred to as provincial level). The provincial People's Committee provides written comments recommending the Ministry of Labor, Invalids, and Social Affairs to consider issuing a permit to operate the drug detoxification facility;

d) Within twenty working days for issuance permit requests and fifteen working days for extension permit requests, starting from the date of receiving complete and valid documents, the Ministry of Labor, Invalids, and Social Affairs issues or extends the permit to operate drug detoxification facilities; if not issuing or extending, it must provide a written response stating the reasons.

3. Drug Detoxification Facility Operating Permit:

a) The drug detoxification facility operating permit is made in three copies: one copy retained by the Anti-social Evils Prevention and Control Bureau; one copy retained by the Department of Labor, Invalids, and Social Affairs (Anti-social Evils Prevention and Control Division) where the drug detoxification facility is located, and one copy given to the drug detoxification facility requesting issuance or extension of the operating permit.

b) The drug detoxification facility operating permit follows the model prescribed in Appendix 5 attached to this Circular.

Article 8. Amendment and Revocation of Licenses for Drug Rehabilitation Activities and Medical Examination and Treatment Activities

1. Amendment of Drug Rehabilitation Activity License:

In case a rehabilitation facility wishes to amend the scope of activities in its drug rehabilitation activity license, it must follow the procedures to apply for a new drug rehabilitation activity license as stipulated in Clause 1, Article 6 of this Circular and submit a detailed report on the organizational structure and operation of the voluntary rehabilitation facility since the last issuance or extension of the license, including a clear plan for operations after amending the scope of activities and a plan for handling the rights and obligations of all parties involved.

2. Procedure for Revoking Drug Rehabilitation Activity License:

a) In cases where a rehabilitation facility violates regulations leading to the revocation of its drug rehabilitation activity license as provided for in Point 2, Clause 10, Article 1 of Decree No. 94/2011/NĐ-CP, the Director of the Department of Labor, Invalids and Social Affairs shall be responsible for preparing a record, reporting to the Ministry of Labor, Invalids and Social Affairs for consideration and decision to revoke the drug rehabilitation activity license of the violating facility;

b) Based on the recommendation of the Director of the Department of Labor, Invalids and Social Affairs, the Minister of Labor, Invalids and Social Affairs issues a Decision to revoke the drug rehabilitation activity license of the violating facilities. The Decision to revoke the drug rehabilitation activity license is sent to the following agencies and units:

- The facility whose drug rehabilitation activity license is revoked;

- The Ministry of Health (Department of Medical Examination and Treatment, Inspectorate of the Ministry);

- The Department of Labor, Invalids and Social Affairs, the Department of Health, the Department of Planning and Investment, and the Public Security Department of the province where the rehabilitation facility is located;

- The management agency of the rehabilitation facility.

3. Procedure for Revoking Medical Examination and Treatment Activity License of Specialized Departments within Rehabilitation Facilities:

a) In cases where specialized departments within rehabilitation facilities violate regulations leading to the revocation of their medical examination and treatment activity licenses as provided for in Clause 1, Article 48 of the Law on Medical Examination and Treatment, the Department of Health shall be responsible for preparing a record and revoking the license according to its authority or reporting to the Ministry of Health for revocation of the medical examination and treatment activity license of the violating facility;

b) The Director of the Department of Health issues a Decision to revoke the medical examination and treatment activity license of specialized departments within rehabilitation facilities that have been issued by the Director of the Department of Health. The Decision to revoke the medical examination and treatment activity license is sent to the following agencies and units:

- The rehabilitation facility whose medical examination and treatment activity license is revoked;

- The Ministry of Health (Department of Medical Examination and Treatment, Inspectorate of the Ministry);

- The Ministry of Labor, Invalids and Social Affairs (Department of Prevention and Control of Social Evils);

- The Department of Labor, Invalids and Social Affairs, the Department of Planning and Investment, and the Public Security Department of the province where the rehabilitation facility is located;

- The management agency of the rehabilitation facility.

c) The Minister of Health issues a Decision to revoke the medical examination and treatment activity license of specialized departments within rehabilitation facilities that have been issued by the Minister of Health. The Decision to revoke the medical examination and treatment activity license is sent to the following agencies and units:

- The rehabilitation facility whose medical examination and treatment activity license is revoked;

- The Ministry of Labor, Invalids and Social Affairs (Department of Prevention and Control of Social Evils);

- The Department of Labor, Invalids and Social Affairs, the Department of Planning and Investment, and the Public Security Department of the province where the rehabilitation facility is located;

- The management agency of the rehabilitation facility.

Chapter IV

ACTIVITIES OF DRUG REHABILITATION FACILITIES

Article 9. Admission of Drug Addicts

When admitting drug addicts, the rehabilitation facility shall be responsible for performing the following tasks:

1. Conducting initial health check-ups and establishing rehabilitation files for drug addicts.

2. Disseminating rules, internal regulations, and other relevant regulations related to the rehabilitation activities of the facility.

3. Advising and guiding drug addicts, their families, or their guardians to commit to complying with regulations during the rehabilitation process.

Article 10. Handling violations by persons undergoing drug rehabilitation

1. In cases where persons undergoing drug rehabilitation violate internal regulations requiring them to be placed in isolation rooms or have their drug rehabilitation service contracts terminated, the head of the rehabilitation facility must prepare a record with the presence of representatives from the rehabilitation facility, witnesses from other persons undergoing rehabilitation at the facility, and the person violating the drug rehabilitation contract.

2. The model record for violation of commitment to rehabilitation is prescribed in Appendix 7 issued together with this Circular.

Article 11. Handing over persons who have completed drug rehabilitation to their families and communities

When the rehabilitation period ends, the rehabilitation facility has the responsibility to:

1. Issue a certificate of completion of drug rehabilitation according to the model prescribed in Appendix 8 issued together with this Circular.

2. Hand over persons who have completed drug rehabilitation to their families or guardians.

3. Send a copy of the certificate of completion of drug rehabilitation, comments on the results of rehabilitation and recovery, and documents regarding violations of rules and regulations during the rehabilitation period (if any) to the People's Committee of the commune, ward, town where the person resides.

Article 12. Information and reporting system as stipulated in Point d Clause 2 Article 16 of Decree No. 147/2003/ND-CP

1. The rehabilitation facility reports on its operational status and drug rehabilitation results to the Department of Labor, Invalids and Social Affairs (Anti-social Evils Prevention Branch) located at the facility's headquarters and the management agency of the facility before the 20th day of each month.

2. The Department of Labor, Invalids and Social Affairs compiles the drug rehabilitation results of facilities under its jurisdiction and reports to the Ministry of Labor, Invalids and Social Affairs (Anti-social Evils Prevention Bureau) and the provincial People's Committee on a quarterly and annual basis. Quarterly reports must be submitted before the 20th day of the last month of the quarter; annual reports must be submitted before December 20th each year.

3. During the operation of drug rehabilitation, if incidents such as disruption of social order, accidents, or deaths occur, the rehabilitation facility is responsible for reporting to relevant authorities within 24 hours from the time of the incident.

Article 13. Forms used in drug rehabilitation activities

1. Application for drug rehabilitation and declaration of drug addiction status according to the model prescribed in Appendix 6 issued together with this Circular.

2. Drug rehabilitation service contract according to the model prescribed in Appendix 9 issued together with this Circular.

3. Drug rehabilitation monitoring book according to the model prescribed in Appendix 10 issued together with this Circular.

4. Drug rehabilitation participant tracking book according to the model prescribed in Appendix 11 issued together with this Circular.

5. Report on operational status and drug rehabilitation results according to the models prescribed in Appendices 12 and 13 issued together with this Circular.

Article 14. Provisions on cooperation between rehabilitation facilities and state management agencies

1. Cooperate with the Department of Labor, Invalids and Social Affairs in training, upgrading the professional skills of staff involved in drug rehabilitation and recovery; disseminating and updating policies and guidelines of the Party and State, related legal documents, and necessary information on education, vocational training, and job creation to effectively carry out drug rehabilitation and recovery work.

2. Cooperate with health agencies in training and providing technical support for medical treatment, detoxification, emergency care for drug addicts; caring for, managing, and supervising drug addicts infected with HIV.

3. Cooperate with public security agencies in training for security and law enforcement, use of supportive tools, and measures to prevent illegal acts by drug rehabilitation participants.

4. The costs for implementing the cooperation as stipulated in Clauses 1, 2, and 3 of this Article shall be borne by the rehabilitation facilities.

Chapter V

IMPLEMENTING PROVISIONS

Article 15. Implementation Organization

1. The People's Committee of provinces and centrally governed cities shall be responsible for:

a) Direct the People's Committees at all levels to cooperate with the Departments of Labor, Invalids and Social Affairs, Health, and Public Security at the local level to review and compile statistics on unlicensed rehabilitation facilities, currently operating facilities, and those preparing to open.

b) Direct the Department of Labor, Invalids and Social Affairs to take the lead and cooperate with the Provincial Public Security Department and the Department of Health to inspect and strictly handle illegal drug rehabilitation facilities.

2. The Ministry of Labor, Invalids and Social Affairs (Anti-social Evils Prevention Bureau) shall coordinate with the Ministry of Health (Medical Examination and Treatment Management Bureau) to organize implementation, monitor, inspect, and evaluate the implementation of this Circular within their assigned functions and tasks.

3. The Department of Labor, Invalids and Social Affairs (Anti-social Evils Prevention Branch) shall be responsible for:

a) Taking the lead and coordinating with the Department of Health and the Provincial Public Security Department to advise the provincial People's Committee on state management of voluntary drug rehabilitation activities in the locality.

b) Monitoring, inspecting, and evaluating the implementation of this Circular and other relevant laws in drug rehabilitation activities under its jurisdiction.

c) Taking the lead and coordinating with the People's Committees at all levels and the Provincial Public Security Department to review and compile statistics on unlicensed rehabilitation facilities, currently operating facilities, and those preparing to open; recommending suspension of operations and administrative penalties for unlicensed rehabilitation facilities in the locality.

4. The Department of Health shall be responsible for:

a) Coordinating with the Department of Labor, Invalids and Social Affairs to monitor, inspect, and evaluate the implementation of this Circular.

b) Taking the lead and coordinating with the Department of Labor, Invalids and Social Affairs to organize the assessment and issuance of permits for specialized departments of rehabilitation facilities to operate medical examinations and treatments.

5. The Provincial Public Security Department shall be responsible for:

a) Taking the lead and coordinating with the Department of Labor, Invalids and Social Affairs to inspect measures to maintain social order and safety at rehabilitation facilities and to cooperate with relevant agencies to strictly handle violations by rehabilitation facilities.

b) Inspecting and monitoring the implementation of decisions to suspend operations of unlicensed rehabilitation facilities. If necessary, it may propose the provincial People's Committee to apply coercive measures to suspend operations of unlicensed rehabilitation facilities.

Article 16. Effective Date

1. This Circular shall take effect from March 1, 2012.

2. Circular Jointly Issued No. 15/2004/TTLT-BLDTBXH-BYT dated November 12, 2004 guiding the implementation of certain provisions of Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on conditions, procedures for issuing licenses and management of voluntary drug rehabilitation facility operations shall cease to be effective from the date this Circular takes effect.

In the course of implementation, if any issues arise or difficulties occur, it is requested that agencies, organizations, and individuals report them to the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health for consideration and resolution./.