Decree No. 56/2002/ND-CP On Organizing Drug Rehabilitation at Home and in the Community

DECREE

Regarding Methamphetamine Rehabilitation at Home and in the Community

____________________

THE GOVERNMENT

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

Based on Article 27 of the Law on Prevention and Control of Methamphetamine dated December 9, 2000;

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

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. This Decree stipulates the organization of methamphetamine rehabilitation at home and in the community.

Individuals undergoing methamphetamine rehabilitation at home and in the community are not considered to be subject to administrative violation handling measures.

The State encourages voluntary methamphetamine rehabilitation at home and in the community. Families of individuals with methamphetamine addiction have the responsibility to participate in organizing rehabilitation activities at home and in the community.

Article 2. Individuals registering for methamphetamine rehabilitation at home and in the community are those who do not fall under the category of being compulsorily admitted to a rehabilitation facility or currently undergoing educational measures at commune, ward, town level, being placed in a juvenile correctional school, educational institution, or being pursued for criminal responsibility for the crime of illegally using methamphetamine.

Article 3. Methamphetamine rehabilitation at home and in the community involves implementing medical, psychological, and social activities aimed at helping individuals recover their personality, health, and live without dependence on methamphetamine; these activities are carried out at the individual's place of residence within the commune, ward, or town (hereinafter referred to collectively as the commune level).

Article 4. Methamphetamine rehabilitation at home and in the community must be conducted according to the guidance procedures of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health.

The duration of methamphetamine rehabilitation at home and in the community is at least six months.

Article 5. Strictly prohibit the following acts:

1. Not reporting the status of methamphetamine addiction.

2. Not registering for rehabilitation methods.

3. Illegally using methamphetamine during the rehabilitation period.

4. Luring or forcing others to illegally use methamphetamine.

5. Concealing individuals with methamphetamine addiction.

6. Resisting or obstructing the implementation of regulations on methamphetamine rehabilitation at home and in the community.

Article 6. When participating in methamphetamine rehabilitation activities at home and in the community, agencies, organizations, individuals, and individuals with methamphetamine addiction must comply with the provisions of this Decree and other relevant laws.

, Clause 1, Clause 2 Article 7a of this Regulation.. The State creates conditions and encourages domestic and foreign organizations and individuals to support methamphetamine rehabilitation activities at home and in the community. Organizations and individuals providing vocational training and job creation for those who have completed rehabilitation are eligible for preferential loans.

Article 8. The costs of organizing rehabilitation at home and in the community are the responsibility of the individual with methamphetamine addiction, the spouse of the individual with methamphetamine addiction, the parents or guardians of minors with methamphetamine addiction, and the family of the individual with methamphetamine addiction, as specified by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.

In cases where individuals are in difficult circumstances or minors without a guardian, who are entitled to preferential policies under the law shall be considered for financial assistance for rehabilitation medication.

Chapter 2:

ORGANIZATION OF METHAMPHETAMINE REHABILITATION AT HOME AND IN THE COMMUNITY

Article 9. Individuals with methamphetamine addiction must report their addiction status and register for rehabilitation methods.

If individuals with methamphetamine addiction do not self-report, their families or guardians are responsible for reporting to the People's Committee of the commune where they reside about the individual with methamphetamine addiction and the condition of the addict within their family.

In cases where individuals with methamphetamine addiction self-report to their workplace agency or organization, that agency or organization shall compile a list and notify the People's Committee of the commune where the individual resides.

Article 10. The initial file of individuals undergoing rehabilitation at home and in the community includes:

1. A self-report from the individual with methamphetamine addiction regarding their addiction status or a record, document of the family or guardian's report to the People's Committee of the commune about the individual with methamphetamine addiction within their family and the condition of the addict.

2. A commitment to undergo rehabilitation at home and in the community.

Article 11. Based on the actual situation of the locality, the Chairman of the People's Committee of the commune issues a decision to establish or dissolve the Methamphetamine Rehabilitation Task Force (hereinafter referred to as the Task Force). The Task Force includes representatives from the leadership of the People's Committee, healthcare staff, police, social workers (if available), and necessary departments, sectors, and mass organizations.

Article 12.

1. Based on the file, the family circumstances of the individual with methamphetamine addiction, and the actual conditions of the locality, the Chairman of the People's Committee of the commune considers issuing a decision allowing the individual with methamphetamine addiction to undergo rehabilitation at home and in the community, assigning responsibilities to the Task Force to coordinate with the head of the residential community group or village leader (hereinafter referred to collectively as the residential community group) to assist the individual undergoing rehabilitation at home and in the community.

2. The decision on rehabilitation at home and in the community is sent to the individual and the family of the person undergoing rehabilitation, the head of the Task Force, and the head of the residential community group where the individual resides.

Article 13. The Task Force has the responsibility to:

1. Assist the People's Committee of the commune in developing plans for organizing rehabilitation; prepare files, organize reception and rehabilitation of methamphetamine addiction at home and in the community.

2. Coordinate with the residential community group where the individual with methamphetamine addiction resides to analyze and assess the addiction status, family circumstances, and personal background of the addict to develop appropriate rehabilitation plans at home and in the community.

3. Guide the individual with methamphetamine addiction and the family or guardian to implement the rehabilitation plan; monthly review and evaluate the implementation and keep the file of the individual undergoing rehabilitation.

4. Assign someone to regularly guide the family with an addict or guardian to monitor, care for, and help the individual undergoing rehabilitation participate in social activities to change behavior, restore personality, and enhance community integration capabilities.

5. Advise and assist individuals after detoxification treatment; organize activities to restore functions, health, and work capacity.

Article 14. Grassroots healthcare staff collaborate with families of individuals with methamphetamine addiction or guardians to establish medical records, develop detoxification and detoxification treatment plans for addicts according to the guidelines of the Ministry of Health. Combine detoxification and detoxification treatments with counseling and other therapeutic measures to help individuals recover their health and stabilize their psychology.

Article 15. For individuals addicted to narcotics who cannot undergo withdrawal and detoxification at home due to circumstances, the People's Committee of the commune shall organize centralized withdrawal and detoxification at a location within the commune. The working group shall be responsible for organizing and implementing the withdrawal and detoxification process for drug addicts. The remaining activities of the rehabilitation process shall be carried out at the addict's home.

Article 16. Upon completion of the specified period, the working group shall cooperate with the head of the residential community group and the family or guardian to evaluate the rehabilitation results of the drug addict. If the addiction has been overcome, the Chairman of the commune People's Committee shall issue a certificate of successful drug rehabilitation and include them in the management, care, and recovery program in the community.

Article 17. Drug addicts have the responsibility to:

1. Self-report their drug addiction status.

2. Commit to undergoing rehabilitation at home and in the community.

3. Strictly comply with state laws and regulations concerning professional procedures and rehabilitation plans.

4. Maintain regular and close contact with staff assigned by the working group to assist them.

5. Contribute to the costs of rehabilitation according to the regulations of the provincial or centrally governed city People's Committee.

Article 18. The family of the drug addict or the guardian has the responsibility to:

1. Timely report to the commune People's Committee about the drug addict in their family and their addiction status.

2. Provide information for the establishment of files and the development of rehabilitation plans.

3. Follow the guidance of local authorities and those assigned to help in caring for, managing, monitoring, preventing, and stopping the illegal use of drugs or behaviors that disrupt social order and safety.

4. Build a harmonious family where members show love and respect for each other, helping the drug addict overcome feelings of shame, commit to rehabilitation, and integrate into society.

5. Contribute to the rehabilitation costs for minors according to the regulations of the provincial or centrally governed city People's Committee.

Article 19. The commune People's Committee has the responsibility to:

1. Organize the understanding of the number of drug addicts and their addiction status within its jurisdiction; create conditions for drug addicts to self-report their addiction status and register for rehabilitation methods.

2. Statistically classify drug addicts and develop plans to organize rehabilitation at home and in the community; lead and coordinate with relevant agencies and organizations in the locality to implement drug rehabilitation activities at home and in the community.

3. Advise, support, manage, and educate rehabilitated individuals at home and in the community; establish clubs and organize cultural, artistic, sports, and other social activities aimed at helping drug rehabilitants recover their health, character, and integrate into society.

4. Create conditions for rehabilitated individuals to learn trades, find employment, access loans, and engage with production, business services, and healthcare and social activities; prevent and combat relapse into drug addiction; mobilize organizations and individuals to help and support rehabilitated individuals to integrate into society.

5. Inspect and supervise rehabilitation activities at home and in the community; regularly report on the organization and implementation of rehabilitation activities at home and in the community to the Department of Labor, Invalids, and Social Affairs of the district.

Article 20. Relevant agencies and organizations and the Anti-AIDS and Anti-Narcotics and Prostitution Steering Committee at the commune level (if any) have the responsibility to assist the commune People's Committee in coordinating with the family of the drug addict or the guardian to manage, educate, and monitor rehabilitation activities at home and in the community, and prevent and combat relapse.

Chapter 3:

RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS AND ORGANIZATIONS AND INDIVIDUALS PROVIDING SERVICES IN IMPLEMENTING SERVICE PRICES

Article 21. The Ministry of Labor, Invalids and Social Affairs is responsible for:

1. Guide and direct the operation of drug rehabilitation at home and in the community.

2. Direct and organize training and capacity building for staff involved in drug rehabilitation at home and in the community.

3. Take the lead and coordinate with the Ministry of Health to guide the process of drug rehabilitation, health recovery, and personality restoration for drug users.

4. Take the lead and coordinate with the Ministry of Planning and Investment to guide and direct localities in planning annual funding for drug rehabilitation at home and in the community.

5. Inspect, monitor, and handle violations in the organization of drug rehabilitation at home and in the community.

Article 22. The Ministry of Health shall be responsible for:

1. Guide and direct the health agencies at the commune level to test for drugs, establish files and medical records for drug users; stipulate treatment and rehabilitation procedures for those undergoing drug rehabilitation at home and in the community.

2. Direct health agencies at the local level to support medical staff and technical personnel for the organization of detoxification and emergency care for drug users undergoing rehabilitation at home and in the community.

3. Coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide the process of drug rehabilitation and health and personality recovery for drug users.

4. Direct the research and production of medicines and treatment methods for drug rehabilitation and recovery for drug users.

Article 23. The Ministry of Public Security is responsible for:

1. Guide and direct the Public Security agencies at the commune level to cooperate with health officials, relevant agencies, and social organizations to assist the People's Committee at the commune level in collecting information, verifying, and establishing files for drug users to organize rehabilitation at home and in the community.

2. Direct Public Security agencies at all levels to organize the elimination of illegal drug trafficking and usage activities in the locality.

3. Guide and direct the Public Security agencies at the commune level to cooperate closely with the families of drug users in managing them before and after rehabilitation.

4. Coordinate with the Ministry of Labor, Invalids, and Social Affairs in inspecting drug rehabilitation activities at home and in the community.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". The Ministry of Finance shall be responsible for coordinating with the Ministry of Labor, Invalids, and Social Affairs to guide the contribution and use of funds for organizing drug rehabilitation at home and in the community, and the exemption and reduction policies for individuals in difficult circumstances, homeless minors, and those entitled to preferential policies under the law on drug rehabilitation at home and in the community.

Article 25. Local People's Committees shall be responsible for:

1. Organizing surveys, statistics, classification of drug users, developing plans, and allocating resources for drug rehabilitation at home and in the community in the locality.

2. Directing and implementing the drug rehabilitation plan at home and in the community in the locality; coordinating with the Vietnam Fatherland Front and related social organizations at the same level, assigning specific responsibilities for organizing rehabilitation activities, monitoring, encouraging, and supporting drug users to undergo rehabilitation at home and in the community.

3. Guiding and directing lower-level People's Committees to develop plans and create conditions for those who have completed rehabilitation to find employment and reintegrate into society; preventing and combating relapse into drug use in the locality.

4. Directing public security agencies at the same level to cooperate with other sectors and organizations to eliminate illegal drug trafficking and usage activities in the locality.

5. Inspecting and auditing drug rehabilitation activities at home and in the community in the locality.

Chapter 4:

REWARD AND VIOLATION HANDLING

Article 26. Organizations and individuals who have achievements in organizing and implementing drug rehabilitation at home and in the community shall be rewarded in accordance with the provisions of the law.

Article 27. Drug users who violate the provisions of this Decree shall be subject to administrative violation handling or criminal prosecution depending on the nature and extent of the violation.

Article 28. Organizations and individuals responsible for organizing and implementing drug rehabilitation at home and in the community who abuse their positions or powers to act contrary to the provisions of this Decree; tolerate, cover up, infringe upon the health, reputation, and dignity of drug rehabilitation participants, or violate other regulations regarding rehabilitation at home and in the community shall be subject to disciplinary action or criminal prosecution for individual responsibility if applicable; if they cause material damage, they must compensate according to the provisions of the law.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 29. This Decree takes effect fifteen days after the date of signature. Previous regulations contrary to this Decree are abolished.

Article 30.. The Minister of Labor, Invalids, and Social Affairs shall coordinate with the Ministers of Public Security, Health, and Finance to guide the implementation of this Decree.

Article 31. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.