Decree No. 61/2011/ND-CP Amending and supplementing some articles of Decree No. 135/2004/ND-CP dated June 10, 2004 of the Government on the regime of applying measures to be admitted to medical facilities, organizing activities of medical facilities according to the Administrative Violation Handling Ordinance and the regime applied to minors and voluntary admission to medical facilities.

DECREE

Amending and supplementing some articles of Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the regime of applying measures to be admitted to medical facilities, organizing activities of medical facilities under the Administrative Violation Handling Ordinanceand the regime of applying such measures for minors and voluntary admissions to medical facilitiesOn the basis of the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance amending and supplementing some articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

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; and the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Narcotics dated June 3, 2008;

Amending and supplementing some articles of Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the regime of applying measures to be admitted to medical facilities, organizing activities of medical facilities under the Administrative Violation Handling Ordinance and the regime of applying such measures for minors and voluntary admissions to medical facilities as follows:

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

DECREE:

Article 1. "2. Compulsory drug rehabilitation centers under the Anti-Drug Law and medical facilities under the Administrative Violation Handling Ordinance shall be referred to collectively as Social Rehabilitation Centers in this Decree.

1. Amending and supplementing Clause 2 of Article 1 as follows:

Social Rehabilitation Centers are public service units; they organize and operate according to current laws governing public service units."

"1. Persons addicted to drugs who are at least 18 years old and fall into the following categories and have engaged in illegal drug use shall be subject to admission to a medical facility for a period of one to two years:

a) They have been administratively punished for illegal drug use;

b) They have been educated at the commune, ward, town level or have not had a fixed residence;

c) They have undergone drug rehabilitation at home or in the community."

"Article 3.

Cases where the measure of admission to a medical facility will not be applied: 1. Foreign nationals.
2. Drug addicts under 18 years old.
3. Persons over 55 years old for women and over 60 years old for men.
4. Prostitutes under 16 years old.
The legal basis for determining age is Birth Registration Certificate, Identity Card, Passport, or Household Register. In cases where these documents are not available, other materials may be used.

If at the time of signing the decision to apply the measure of admission to a medical facility, the person is under 18 years old, then the measure will not be applied, and the case will be reviewed and a file established for admission to a medical facility for minors according to the procedures and formalities stipulated in Section II Chapter II of Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government.

In cases where a person has been registered for admission to a medical facility but escapes before the decision is signed, and when caught again, they are over 55 years old for women and over 60 years old for men, the decision to admit them to a medical facility will not be issued. For those who already have a decision to be admitted to a medical facility, the Chairman of the People's Committee of the district shall revoke that decision.

In cases where a person has been granted a deferral or temporary suspension of execution of the decision, and upon expiration of the deferral or suspension period, they are over 55 years old for women and over 60 years old for men, the Chairman of the People's Committee of the district shall decide to exempt them from serving the remaining time.

The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Public Security and the Ministry of Health to provide detailed guidance on implementing this Article."

"Article 7.

4. To amend and supplement Article 7 as follows:

Encouraging investment in Social Rehabilitation Centers Enterprises, organizations, and individuals investing in Social Rehabilitation Centers shall enjoy preferential policies according to the law on encouraging socialization in education, vocational training, healthcare, culture, sports, and environmental activities."

"Article 8.

5. Amending and supplementing Article 8 as follows:

Funding for the application of measures to be admitted to medical facilities and the financial mechanism of Social Rehabilitation Centers 1. Funding for the application of measures to be admitted to medical facilities shall be raised from the following sources:

b) Contributions from individuals or families of persons voluntarily entering for drug rehabilitation or treatment at the Center;
a) State budget;
c) Income from labor production results;
d) Donations and support from domestic and foreign organizations and individuals;
2. The financial mechanism of Social Rehabilitation Centers shall be implemented according to the provisions of the law on self-management, self-responsibility for performing tasks, organizational structure, staffing, and finance for public service units."
đ) Other lawful sources of income.

"Article 9.

6. Amending and supplementing Article 9 as follows:

Files and procedures for requesting admission to a medical facility 1. The Chairman of the People's Committee of the commune, ward, town (hereinafter referred to collectively as the commune level) shall establish a file to request the application of the measure of admission to a medical facility and submit it to the Chairman of the People's Committee of the district. The police station at the commune level shall be responsible for collecting materials to assist the Chairman of the People's Committee of the commune level in establishing the file.

2. The file for requesting the application of the measure of admission to a medical facility includes:

a) A brief resume (with a 4x6 cm photo and legal basis for determining age), and medical records (if any) of the drug addict;
b) Minutes or documents confirming the violation of the law by the person concerned; administrative penalties, drug rehabilitation measures, and post-rehabilitation management measures already applied (if any);
c) A document from the Chairman of the People's Committee of the commune requesting the application of the measure of admission to a medical facility;
d) Comments from the police station at the commune level, opinions from the Vietnam Fatherland Front or its member organizations at the same level where the person is a member.
3. Procedures for establishing files for persons without a fixed residence shall be carried out according to the provisions of 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 in temporary accommodation at medical facilities.

4. Funding for establishing files for requesting admission to a medical facility as stipulated in Clause 1 and Clause 2 of this Article shall be allocated within the regular budget expenditure of the commune level."

Advisory Council on Admission to Medical Facilities

7. Amend and supplement Article 11 as follows:

"Article 11. 1. The Advisory Council on Admission to Medical Facilities (hereinafter referred to as the Advisory Council) is an advisory body assisting the Chairman of the People's Committee of the district in reviewing files for requesting admission to a medical facility.

1. The Advisory Board on Admission to Medical Facilities (hereinafter referred to as the Advisory Board) is an advisory body assisting the Chairman of the People's Committee at the district level in reviewing applications for admission to medical facilities.

The Chairman of the People's Committee at the district level decides on the establishment and dissolution of the Advisory Council.
2. Members of the Advisory Council include representatives from the following agencies: Labor - Invalids and Social Affairs, Justice, Public Security, Health, and Women's Union at the district level. The head of the Labor - Invalids and Social Affairs agency serves as the Standing Body of the Advisory Council.
3. When reviewing applications for applying measures to be admitted to a medical facility, the Advisory Council operates collectively, examining and voting individually on each specific case, concluding according to the majority opinion. The minutes of the Advisory Council meeting must clearly record the opinions expressed by each attending member along with the report submitted to the Chairman of the People's Committee at the district level.
4. Within seven days from the date of receiving the application file, the Standing Body of the Advisory Council is responsible for preparing, organizing, and chairing the Advisory Council meeting and drafting a document requesting the Chairman of the People's Committee at the district level to decide on applying the measure to admit to a medical facility.

5. The expenses for reviewing application files, preparing and organizing meetings, compensating members participating in the Advisory Council meetings; admitting subjects to medical facilities, searching for subjects who have been decided to be admitted to medical facilities but fled before being admitted to the Center shall be included in the regular budget expenditure plan of the district-level state budget.

8. Amend and supplement Article 18 as follows:

Article 18. Suspension, Exemption from Execution of Decision to Admit to Medical Facility
1. A person subject to the measure of admission to a medical facility may have their execution of the decision suspended in the following cases:
a) Seriously ill with certification from a hospital at the district level or higher;
b) Pregnant women with certification from a hospital at the district level or higher or nursing infants under thirty-six months old with a request confirmed by the People's Committee at the commune where they reside.
2. A person subject to the measure of admission to a medical facility may be exempted from executing the decision in the following cases:
a) Suffering from a serious illness with certification from a healthcare facility at the district level or higher;
b) Affected by AIDS in the terminal stage;
c) Showing clear progress in complying with laws or making meritorious contributions and not using drugs during the suspension period.
3. Procedures for suspending or exempting from execution of the decision:
a) A person subject to the measure of admission to a medical facility must submit a request for suspension or exemption (accompanied by relevant documents proving eligibility for suspension or exemption, voluntary detoxification) to the Chairman of the People's Committee at the commune; for those without a fixed residence temporarily staying at the center, it should be sent to the Director of the Rehabilitation-Education-Social Work Center;
b) Within two working days from the date of receipt of the request, the Chairman of the People's Committee at the commune, the Director of the Rehabilitation-Education-Social Work Center must examine, verify, and send a document to the Head of the Labor - Invalids and Social Affairs Department at the district level;
c) Within two working days from the date of receipt of the document from the Chairman of the People's Committee at the commune, the Director of the Rehabilitation-Education-Social Work Center, the Head of the Labor - Invalids and Social Affairs Department at the district level must examine and submit to the Chairman of the People's Committee at the district level;
d) Within two working days from the date of receipt of the document from the Head of the Labor - Invalids and Social Affairs Department, the Chairman of the People's Committee at the district level must examine and decide on the suspension or exemption from execution of the decision to admit to a medical facility;
đ) The decision to suspend or exempt from execution of the decision to admit to a medical facility must be sent to the person suspended or exempted, their family, the Labor - Invalids and Social Affairs Department, the public security agency at the district level, and the People's Committee at the commune where they reside.

Upon expiration of the suspension period, the above individuals must continue to execute the decision to admit to a medical facility; compulsory measures will be applied according to the law on administrative violations for those who do not voluntarily comply.

9. Supplement Article 21a after Article 21:

Article 21a. Transfer of Files of Subjects Eligible for Admission to Educational Facilities and Juvenile Correctional Schools
1. The Advisory Council for Admission to Medical Facilities transfers files to the competent authority for review of files for admission to Educational Facilities and Juvenile Correctional Schools according to current laws in the following cases:
a) Drug addicts who are violent and aggressive;
b) Drug addicts who have undergone multiple detoxifications and frequently commit acts disrupting public order using violence or weapons, resisting law enforcement officers, or harming the lives and health of others.
2. Individuals undergoing withdrawal symptoms or recovery who commit offenses such as theft, fraud, gambling, disruption of public order; infringing upon the property of the Rehabilitation-Education-Social Work Center; infringing upon the property, health, dignity, and reputation of others but not to the extent of criminal prosecution, the Director of the Rehabilitation-Education-Social Work Center shall prepare a file to request the competent authority to review the file for admission to Educational Facilities and Juvenile Correctional Schools according to the law.
3. The file requesting admission to Educational Facilities and Juvenile Correctional Schools for individuals specified in Clause 2 of this Article includes:
a) File of drug addicts currently at the medical facility;
b) Record of violations committed during detoxification and treatment at the Rehabilitation-Education-Social Work Center;
c) Relevant documents and evidence related to the violations committed by the individual.
4. Responsibilities for preparing the file and procedures for requesting the application of measures for admission to Educational Facilities and Juvenile Correctional Schools as stipulated in Clause 2 of this Article are carried out as follows:
a) The Director of the Rehabilitation-Education-Social Work Center prepares a file requesting admission to a Juvenile Correctional School and sends it to the Chairman of the People's Committee at the district level where the decision to admit to a medical facility was made;
b) The Director of the Rehabilitation-Education-Social Work Center prepares a file requesting admission of the individual to an Educational Facility and sends it to the Chairman of the People's Committee at the district level where the decision to admit to a medical facility was made to submit to the Chairman of the People's Committee at the provincial level for decision.
c) The procedure for considering the placement in educational facilities, rehabilitation centers for the subjects specified in Clause 1 and Clause 2 of this Article shall be implemented in accordance with the provisions of Decree No. 76/2003/NĐ-CP dated June 27, 2003 of the Government on the application of measures for placement in educational facilities, Decree No. 125/2008/NĐ-CP dated December 11, 2008 of the Government amending and supplementing certain articles of Decree No. 76/2003/NĐ-CP of the Government on the application of measures for placement in educational facilities; Decree No. 142/2003/NĐ-CP dated November 24, 2003 of the Government on the application of measures for placement in rehabilitation centers, Decree No. 66/2009/NĐ-CP dated August 1, 2009 of the Government amending and supplementing certain articles of Decree No. 42/2003/NĐ-CP on the application of administrative measures for placement in rehabilitation centers.
5. The Ministry of Labor, Invalids and Social Affairs shall coordinate with the Ministry of Public Security to provide specific guidance on the establishment of files for requesting placement in educational facilities, rehabilitation centers for the subjects specified in this Article.

6. The funding for establishing files for requesting placement in educational facilities, rehabilitation centers as stipulated in Clause 2 of this Article; the funding for searching for individuals who have escaped from the Center shall be allocated within the regular budget of the Center for Treatment - Education - Social Labor.

10. Amend Article 22 as follows:

"Article 22. Criminal responsibility shall be pursued for criminal acts committed before or during the period of execution of the measure of placement in treatment facilities.

1. When discovering that a person who is executing a decision to be placed in a treatment facility commits a criminal act before or during the execution of the decision and the statute of limitations for pursuing criminal responsibility has not expired, the competent criminal prosecution authority shall request the Chairman of the People's Committee of the district where the decision to apply the measure of placement in a treatment facility was issued to temporarily suspend the execution of the decision and transfer the file of that person to the criminal prosecution authority.
2. In cases where the person specified in Clause 1 of this Article is sentenced by the Court to conditional suspended imprisonment or non-custodial imprisonment, they must continue to undergo drug rehabilitation at the Center for Treatment - Education - Social Labor.
3. In cases where the person specified in Clause 1 of this Article is sentenced to imprisonment, if the time of imprisonment is less than the time of drug rehabilitation, then after completing the prison sentence, they must continue to undergo drug rehabilitation at the Center for Treatment - Education - Social Labor until the end of the prescribed term.

4. The criminal prosecution authority shall notify the Chairman of the People's Committee of the district which issued the temporary suspension decision, the Director of the Center for Treatment - Education - Social Labor where the person is executing the decision, and cooperate with the Court and the enforcement agency to compel the person to continue to execute the measure of placement in a treatment facility as provided for in Clauses 2 and 3 of this Article.

11. Amend Article 33 as follows:

"Article 33. Bereavement leave

In cases where the grandfather, grandmother, father, mother (from both the wife's and husband's side), spouse, child, brother, sister, or half-sibling of the person subject to the measure of placement in a treatment facility dies, and there is a family request and confirmed by the People's Committee of the commune, the Director of the Center for Treatment - Education - Social Labor may allow that person to return home for bereavement leave for a period not exceeding three days (excluding travel time). This period will be counted towards the execution period of the decision. The family is responsible for picking up and returning the person to the Center for Treatment - Education - Social Labor. If the family shields or tolerates the person subject to the measure of placement in a treatment facility from returning to the Center after the bereavement leave period, the Center will issue a search decision according to the law and the family will bear joint liability.

12. Amend Article 36 as follows:

"Article 36. Subsidies and contributions

1. The person subject to the measure of placement in a treatment facility shall be supported by the State with funds for medicine, detoxification support, vocational training, cultural education, and necessary personal living items, as well as other expenses; partially supported with food expenses during the execution of the decision. For those belonging to poor households, policy families under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, people infected with HIV/AIDS, and those without a fixed residence, full food support will be provided during the execution of the decision.

2. The person subject to the measure of placement in a treatment facility or their family must contribute part of the food expenses as prescribed.

13. Amend and supplement Clause 1 of Article 49 as follows:

"1. A person voluntarily entering the Center for Treatment - Education - Social Labor must pay all costs during their stay at the Center, except in cases where exemptions or reductions are provided for by law.

14. Amend and supplement Article 61 as follows:

"Article 61. Suspension, reduction, or exemption from execution of the decision at the Center for Treatment - Education - Social Labor

1. During the execution of the decision to place in a treatment facility, the Director of the Center for Treatment - Education - Social Labor may consider and propose the Chairman of the People's Committee of the district to temporarily suspend, reduce, or exempt from execution of the decision in the following cases:
a) Pregnant women shall be temporarily suspended from executing the decision until the child is thirty-six months old;
b) Those who have completed half of the term and shown significant progress during the execution of the decision or made meritorious contributions during their stay at the Center for Treatment - Education - Social Labor may have their remaining term reduced or exempted;
c) Those seriously ill shall be temporarily suspended from executing the decision and allowed to return home for treatment; the treatment period shall be counted toward the execution period; if the remaining term is three months or more after recovery, they must continue to execute the decision; if the remaining term is less than three months or if they are diagnosed with a serious illness, they may be exempted from the remaining term.

2. The following cases shall be considered as showing significant progress during the execution of the decision or making meritorious contributions:"
a) In case there is clear progress during the execution of the decision, it refers to a person who, during the execution of the decision, actively works, studies, receives treatment, strictly abides by the internal regulations and rules of the Center, and is rewarded by the Director of the Center in accordance with Clause 2, Article 70 of Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government;
b) In case of meritorious service during the execution of the decision, it refers to a person who reports serious crimes, especially serious crimes; assists the investigation agency in discovering and preventing criminal activities, acts of escaping from the Center, opposing and disrupting the Center; saves another person's life; saves state and collective property, and is rewarded in writing by the Director of the Center.

3. The procedure for considering reduction of duration, temporary suspension, or exemption from the execution of the decision to send to a medical facility:
a) The Director of the Medical-Correction-Labor Center shall prepare a list of cases for reduction of duration, temporary suspension, or exemption from the execution of the decision in accordance with Clause 1 and Clause 2 of this Article, along with a document sent to the Head of the Labor-Social Welfare Department of the district where the application file for sending the subject to a medical facility was established;
b) Within three working days from the date of receipt of the document from the Director of the Medical-Correction-Labor Center, the Head of the Labor-Social Welfare Department shall be responsible for reviewing and submitting to the Chairman of the People's Committee at the district level;
c) Within two days from the date of receipt of the document from the Head of the Labor-Social Welfare Department, the Chairman of the People's Committee at the district level must consider and decide on the reduction of duration, temporary suspension, or exemption from the execution of the decision to send to a medical facility;
d) The decision on temporary suspension, reduction of duration, or exemption from the execution of the decision to send to a medical facility must be sent to the person temporarily suspended, reduced in duration, or exempted from execution, their family, the Labor-Social Welfare Department, the local police station, and the People's Committee of the commune where they reside.

When the temporary suspension period expires, the above individuals must continue to execute the decision to send to a medical facility; compulsory measures will be applied according to the law on administrative violations for those who do not voluntarily comply.

15. Amend Article 62 as follows:

"Article 62. Expiration of the execution of the decision to send to a medical facility

1. Before the end of the mandatory drug rehabilitation period by 45 days, the Director of the Medical-Correction-Labor Center shall organize a review board to assess high-risk relapse individuals, establish files to propose the application of post-rehabilitation management measures at the place of residence or at the Post-Rehabilitation Management Center in accordance with Decree No. 94/2009/NĐ-CP dated October 26, 2009 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law regarding post-drug rehabilitation management.

2. The Ministry of Labor, Invalids and Social Affairs shall take the lead, coordinate with relevant ministries and agencies to provide detailed guidance on post-rehabilitation management at the place of residence and at the Post-Rehabilitation Management Center; coordinate with the Ministry of Home Affairs and the Ministry of Finance to guide the establishment, operation, and policy support for the voluntary social work team at the commune level to assist in drug rehabilitation and post-rehabilitation management at the place of residence."

16. Amend Clause 2 of Article 64 as follows:

"2. Regulations on researching drugs and methods for drug rehabilitation; issuing and revoking permits for the circulation of drugs and methods for drug rehabilitation; guiding and procedures for identifying drug users; directing agencies under their jurisdiction to provide personnel and technical support when necessary."

17. Amend Article 67 as follows:

"Article 67. Responsibilities of the Ministry of Public Security

The Ministry of Finance shall take the lead, coordinate with the Ministry of Labor, Invalids and Social Affairs to guide the content and levels of expenditure for establishing and reviewing files, searching for escaped subjects, sending subjects to medical facilities; contributions from persons subject to the measure of being sent to a medical facility, and those who voluntarily enter a medical facility; exemptions and reductions in contributions, support for part of food expenses, medical expenses, vocational training fees, and other necessary living expenses during the execution of the decision at the Center."

Article 2. Effectiveness

This Decree takes effect from September 8, 2011.

Article 3. Responsibility for guiding implementation

1. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Health, and the Ministry of Finance shall be responsible for guiding the implementation of this Decree.

2. 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./.