This Circular guides the allowance system for drug addicts and prostitutes without a fixed residence when they temporarily reside at medical facilities. The allowance includes food expenses, personal items, medical examination and treatment costs, and other support.
适用范围
[Drug addicts aged 12 years old and above] and [prostitutes aged 16 to 55 years old]
要点
- Drug addicts and prostitutes without a fixed residence are provided with food allowances during their temporary stay at medical facilities (Article 2.1).
- Individuals on temporary residence may use their own clothing and bedding; if insufficient, the Center will lend them (Article 2.2).
- Prostitutes and drug addicts are entitled to medical examinations and treatments with a maximum cost of VND 150,000 per person for prostitutes and VND 250,000 per person for drug addicts; if both conditions apply, the total cost does not exceed VND 400,000 per person (Article 2.3).
- Individuals suffering from serious illnesses or critical diseases are supported with hospitalization costs at state hospitals up to a maximum of VND 1,000,000 per person per occurrence (Article 2.4).
- Funeral expenses for individuals on temporary residence who die are organized and paid by the Center according to the regulations of the provincial People's Committee (Article 2.5).
🌐 本文件的社会影响
- Drug addicts and prostitutes are provided material support when temporarily residing at medical facilities.
- Medical facilities must ensure living conditions for individuals on temporary residence, facilitating their continued rehabilitation process or reintegration into society.
- Families and relatives of these individuals may face financial difficulties when seeking medical support outside the Center.
❓ 常见问题
What is the level of food allowance for individuals on temporary residence?
The food allowance during temporary residence equals the monthly food allowance for individuals serving administrative penalty decisions at the Rehabilitation-Education-Social Labor Center, multiplied by the maximum number of days of temporary residence not exceeding 15 days.
To what extent are drug addicts and prostitutes supported for medical examination and treatment costs?
The cost of medication for prostitutes is capped at VND 150,000 per person, while for drug addicts it is VND 250,000 per person; if both conditions apply, the total cost does not exceed VND 400,000 per person.
In cases where individuals on temporary residence suffer from serious illness or critical disease, what level of treatment costs are supported?
Treatment costs at state hospitals are borne by the individual or their family; those eligible under policy or with extremely difficult family circumstances confirmed by the commune People's Committee may have the Center Director consider supporting 50% or the full cost but not exceeding VND 1,000,000 per person per occurrence.
Who is responsible for organizing funeral arrangements in the event of death of an individual on temporary residence?
The Center Director is responsible for organizing funerals and paying expenses according to the regulations of the provincial People's Committee.
What support is provided to individuals upon completion of their temporary residence period and return to the community?
For those in need, the Center Director considers providing travel expenses from the Center back to the previous place of detention based on public transportation rates set by the State and a daily food allowance of VND 10,000 per person.
全文
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MINISTRY OF FINANCE - MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 56/2005/TTLT/BTC-BLDTBXH |
Hanoi, July 5, 2005 |
JOINT CIRCULAR
GUIDELINES ON THE SUBSIDY REGIME FOR PERSONS WITHOUT A FIXED RESIDENCE STAYING TEMPORARILY AT A TREATMENT FACILITY
Pursuant to Decree No. 43/2005/NĐ-CP dated April 5, 2005 of the Government on the placement of drug addicts and prostitutes without a fixed residence for temporary stay at treatment facilities (hereinafter referred to as Centers); the Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs jointly issue guidelines on the subsidy regime for persons without a fixed residence staying temporarily at Centers (hereinafter referred to as temporary residents), as follows:
1. Scope of application:
a) Drug addicts aged 12 years or older who are caught using drugs illegally and have no fixed residence.
b) Prostitutes aged from 16 to 55 years old who are caught engaging in prostitution or regularly engaging in prostitution and have no fixed residence.
2. Subsidy Regime:
2.1. Food Subsidy:
Based on the actual situation of each locality and the food standard for individuals serving administrative penalties at the Treatment-Education-Labor Facility (as stipulated in item a, point 1, section B, part II, Circular Joint No. 13/2004/TTLT-BLDTBXH-BTC dated November 2, 2004 of the Ministry of Labour, Invalids and Social Affairs and the Ministry of Finance guiding responsibilities for contributions and subsidy regimes for prostitutes and drug addicts); the People's Committee of provinces and centrally-administered cities (hereinafter referred to as Provincial People's Committee) shall determine the food subsidy amount for temporary residents according to the following principle:
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Food during temporary stay |
= |
Monthly food allowance |
x |
Number of days of temporary stay at the treatment facility |
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30 days |
2.2. Personal Items: During the period of temporary stay, temporary residents may use their own clothing, quilts, and mosquito nets. In cases where temporary residents lack clothing, quilts, and mosquito nets, the Center will purchase these items based on the number of temporary residents for them to borrow.
2.3. Medical Treatment and Detoxification:
- For prostitutes during the period of temporary stay, they are entitled to medical examinations, treatment, and therapy for common illnesses and sexually transmitted diseases. The cost of medication prescribed by the treating physician shall not exceed VND 150,000 per person.
- For drug addicts during the period of temporary stay, they are entitled to support for detoxification, emergency care, testing costs, and medication for opportunistic illnesses. The cost of medication prescribed by the treating physician shall not exceed VND 250,000 per person.
If a prostitute is also a drug addict, they are entitled to a maximum subsidy of VND 400,000 per person for medication treatment and detoxification support.
- During the period of temporary stay, if a person has already received the maximum level of medication and treatment as mentioned above, when officially transferred to the Center, they will not be eligible for further medication and detoxification support.
2.4. Regime for Seriously Ill or Critically Ill Persons:
During the period of temporary stay, if a prostitute or drug addict becomes seriously ill or critically ill beyond the treatment capacity of the Center and must be transferred to a state hospital for treatment, the hospitalization costs shall be borne by the individual or their family. Those who are policy beneficiaries or whose families are in extreme hardship, confirmed by the People's Committee of the commune, may be supported by the Center Director with up to 50% or the full cost of treatment, but not exceeding VND 1,000,000 per person per treatment session. .
2.5. Regime for Deceased Persons:
During the period of temporary stay, if a temporary resident at the Center dies and their relatives cannot be identified within 24 hours or cannot arrive in time, the Center Management Board shall be responsible for organizing the funeral. Funeral expenses shall be carried out according to the regulations of the Provincial People's Committee. If a forensic examination is required to confirm the cause of death, the treatment facility shall pay the examination costs according to current national regulations.
2.6. In cases where the temporary stay period expires and the individual is decided to return to the community, for those in difficult circumstances, the Center Director may consider supporting the following expenses:
- Transportation fare from the Center back to the previous place of detention according to the public transportation rates set by the State.
- Travel food allowance: VND 10,000 per day per person.
3. Settlement of Subsidy Regime:
When the Chairman of the People's Committee of the district issues a formal decision to transfer individuals to the Center, the expenses provided to the individuals during the period of temporary stay shall be included in the subsidy for prostitutes and drug addicts (including minors) who are compulsorily placed in the Center according to Circular Joint No. 13/2004/TTLT-BLDTBXH-BTC dated November 2, 2004 of the Ministry of Labour, Invalids and Social Affairs and the Ministry of Finance guiding responsibilities for contributions and subsidy regimes for prostitutes and drug addicts.
In cases where the temporary stay period expires and the Chairman of the People's Committee of the district does not issue a decision to transfer the individual to a treatment facility, the individual returns to the community, all expenses paid to the individual shall be settled into the operating budget of the treatment facility.
4. Implementation:
The subsidy funds for the subjects as stipulated in this Circular shall be allocated within the annual social security expenditure budget of the local government. The management, use, and settlement of subsidy funds for the subjects shall comply with the Law on State Budget and related implementing regulations.
This Circular takes effect 15 days after its publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs for resolution./.
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DEPUTY MINISTER OF LABOR, INVALIDS, AND SOCIAL AFFAIRS |
DEPUTY MINISTER |
Place of Receipt:
- Central Party Secretariat, - Prime Minister, Deputy Prime Ministers,
- National Assembly, People's Committees of provinces and centrally-administered cities,
- National Assembly Office,
- Office of the President;
- Central Party Office and Party Committees;
- Ministries, ministerial-level agencies, government agencies,
- THE SUPREME PROSECUTOR'S OFFICE,
- THE SUPREME PEOPLE'S COURT,
- Departments of Labour, Invalids and Social Affairs, Departments of Finance of provinces and centrally-administered cities,
- Bureaus, Directorates, Institutes under the Ministry of Labour, Invalids and Social Affairs, Ministry of Finance,
- Central agencies of social-political organizations,
- Department of Legal Document Inspection (Ministry of Justice),
- Official Gazette,
- The Departments, Bureaus, Institutes under the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance,
- For storage by the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance.
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