Decree No. 64/2011/NĐ-CP on the Implementation of Compulsory Medical Treatment Measures

DECREE

Regulations on the Implementation of Compulsory Medical Treatment Measures

THE GOVERNMENT

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

Pursuant to the Criminal Code of 1999, the Law Amending and Supplementing Certain Articles of the Criminal Code of 2009;

Pursuant to the Criminal Procedure Code 2003;

Based on the Criminal Enforcement Law 2010;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Decrees provide detailed regulations for the implementation of compulsory medical treatment measures as stipulated in the Criminal Code, the Criminal Procedure Code, and the Law on Enforcement of Criminal Penalties.

Article 2. Applicability

These Decrees apply to agencies and organizations with authority and responsibility in implementing compulsory medical treatment measures, individuals subject to such measures (referred to collectively as persons subject to compulsory medical treatment), and other agencies, organizations, and individuals related to the implementation of compulsory medical treatment measures as stipulated in the Criminal Code, the Criminal Procedure Code, and the Law on Enforcement of Criminal Penalties.

Article 3. Principles for Implementing Compulsory Medical Treatment Measures

1. Compliance with provisions of the Criminal Code, the Criminal Procedure Code, the Law on Enforcement of Criminal Penalties, and other relevant laws; ensuring the interests of the State, rights, and legitimate benefits of organizations and individuals.

2. Combining management with treatment, care, and rehabilitation for persons subject to compulsory medical treatment.

3. Ensuring respect for the rights and legitimate benefits of persons subject to compulsory medical treatment and preventing them from committing acts dangerous to society.

Article 4. Funding for the Implementation of Compulsory Medical Treatment Measures

1. Funding for the implementation of compulsory medical treatment measures shall be provided from the state budget, including funding for investment, construction of physical facilities, purchase of equipment and means serving medical treatment and management of persons subject to compulsory medical treatment; establishment of files, forensic psychiatric examinations, organization of admission to compulsory psychiatric treatment facilities, search for persons subject to compulsory medical treatment who have escaped; food, clothing, accommodation, care, and medical treatment for persons subject to compulsory medical treatment, handling cases where persons subject to compulsory medical treatment die.

2. Compulsory medical treatment facilities may accept financial and material assistance from organizations and individuals to create sources of funding to support management, treatment, care, and functional recovery for persons subject to compulsory medical treatment in accordance with the law.

3. Regular allocation of funds for specific activities shall be guided by the Ministry of Public Security, the Ministry of Defense, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Health.

Chapter II

APPLICATION OF COMPULSORY MEDICAL TREATMENT MEASURES

Article 5. Application of Compulsory Medical Treatment Measures During the Investigation Stage

During the investigation stage, when there is suspicion that a person who has committed an act dangerous to society lacks criminal responsibility according to Article 13 of the Criminal Code, the investigating agency must request a forensic psychiatric examination. If the Forensic Psychiatric Examination Board concludes that the person suffers from a mental illness or another disease causing loss of capacity for recognition or control of their actions, then the investigating agency must submit a request for application of compulsory medical treatment measures along with the examination conclusion to the same-level People's Procuratorate.

Article 6. Application of Compulsory Medical Treatment Measures During the Execution of Sentences Stage

1. In cases where a person sentenced to imprisonment is serving their sentence at a Prison or Detention Center and there is suspicion that they suffer from a mental illness or another disease causing loss of capacity for recognition or control of their actions, the Warden of the Prison or Detention Center must request the provincial People's Court or military regional court where the Prison or Detention Center is located to conduct a forensic psychiatric examination and decide on the application of compulsory medical treatment measures.

2. In cases where a person sentenced to imprisonment is serving their sentence at a Temporary Holding Facility and there is suspicion that they suffer from a mental illness or another disease causing loss of capacity for recognition or control of their actions, the criminal enforcement agency of the district police must report to the criminal enforcement agency of the provincial police to request the provincial People's Court to conduct a forensic psychiatric examination and decide on the application of compulsory medical treatment measures.

Article 7. Request for forensic psychiatric examination

The procedures and formalities for requesting a forensic psychiatric examination shall be carried out in accordance with the provisions of the Criminal Procedure Code, the Forensic Examination Ordinance, and other guiding documents.

Chapter III

IMPLEMENTATION OF COMPULSORY TREATMENT MEASURES

Article 8. Admission to Compulsory Mental Health Treatment Facilities

1. During the investigation, prosecution, and trial stages, the investigating agency that has been or is currently handling the case shall organize, coordinate with the criminal enforcement police force and judicial security forces, or cooperate with detention centers or temporary holding facilities (in cases where the person subject to compulsory treatment is being held at a detention station or temporary holding facility), to transfer such persons to the compulsory mental health treatment facility specified in the decision on the application of compulsory treatment measures.

2. During the enforcement stage, if the person subject to compulsory treatment is serving their sentence at a prison or detention center, then the prison or detention center shall be responsible for transferring them to the compulsory mental health treatment facility specified in the decision on the application of compulsory treatment measures. If the person subject to compulsory treatment is serving their sentence at a temporary holding facility, then the criminal enforcement agency of the county-level public security organ where the temporary holding facility is located shall be responsible for transferring such persons to the compulsory mental health treatment facility specified in the decision on the application of compulsory treatment measures.

3. The compulsory mental health treatment facility designated by the People's Procuratorate or Court shall be responsible for receiving the person subject to compulsory treatment and accompanying files, and establishing a handover record. The agency responsible for transferring the person to the compulsory mental health treatment facility must immediately inform the relatives of the person subject to compulsory treatment; in cases where the person does not have relatives or their relatives cannot be identified, they must inform the local government authority where the person subject to compulsory treatment is registered as a resident or temporary resident.

Article 9. Management and Treatment Regime for Persons Subject to Compulsory Treatment

1. From the moment the person is admitted to compulsory treatment, the compulsory mental health treatment facility shall be responsible for managing and treating such persons. The management and treatment of persons subject to compulsory treatment shall be conducted similarly to those suffering from mental illness and shall not involve discrimination.

2. The Ministry of Health shall take the lead and coordinate with the Ministry of Public Security to guide the review, selection, and training of staff for security personnel in compulsory mental health treatment facilities.

Article 10. Handling Cases of Persons Subject to Compulsory Treatment Who Escape

When a person subject to compulsory treatment escapes, the compulsory mental health treatment facility must establish a record and immediately notify the agency that issued the decision on the application of compulsory treatment measures, the agency that requested the application of compulsory treatment measures, and the family of the person subject to compulsory treatment to cooperate in searching for them; simultaneously, they must organize immediate measures to search for the person as would be done for other mentally ill individuals and report to the provincial-level public security agency where the compulsory mental health treatment facility is located to cooperate in the search.

Article 11. Handling Cases of Persons Subject to Compulsory Treatment Who Die

1. In cases where a person subject to compulsory treatment dies, the head of the compulsory mental health treatment facility must immediately report to the investigative agency, the Provincial People's Procuracy, and the central city People's Procuracy where the compulsory mental health treatment facility is located to implement measures according to the law to determine the cause of death; at the same time, they must notify the deceased's relatives, the agency that requested the application of compulsory treatment measures, and the People's Procuracy and Court that issued the decision on the application of compulsory treatment measures; and complete the registration of death with the local authority. In cases where the person subject to compulsory treatment who died is a foreign national, the compulsory mental health treatment facility must notify the Criminal Enforcement Management Agency of the Ministry of Public Security or the Criminal Enforcement Management Agency of the Ministry of National Defense, and the Ministry of Foreign Affairs to notify the diplomatic representative of the country of which the person is a citizen.

2. After obtaining approval from the investigative agency, the Provincial People's Procuracy, and the central city People's Procuracy where the compulsory mental health treatment facility is located, the compulsory mental health treatment facility shall organize the burial according to general regulations. After organizing the burial, the compulsory mental health treatment facility must send a notification to the People's Procuracy or Court that issued the compulsory treatment decision.

3. In cases where the relatives of the person subject to compulsory treatment request to receive the body for burial and commit to bearing all costs and complying with legal regulations on security, order, and environmental hygiene, the compulsory mental health treatment facility shall establish a handover record for the body.

Article 12. Suspension of Compulsory Medical Treatment Measures

1. When the person subject to compulsory medical treatment has recovered from the illness, the head of the compulsory medical treatment facility shall notify the agency that proposed the compulsory medical treatment measure to request the Forensic Mental Health Appraisal Board to conduct an appraisal on the health condition of that person.

2. Based on the conclusion of the Forensic Mental Health Appraisal Board regarding the recovery of the person subject to compulsory medical treatment, the agency that proposed the compulsory medical treatment measure shall request the People's Procuracy or the People's Court that issued the decision on the compulsory medical treatment measure to issue a decision suspending the implementation of this measure. Upon receiving the decision to suspend the implementation of the compulsory medical treatment measure, the agency that proposed the compulsory medical treatment measure must immediately notify the compulsory mental health treatment facility and the relatives of the person subject to compulsory medical treatment.

3. After receiving the decision to suspend the implementation of the compulsory medical treatment measure from the People's Court, the agency that proposed the compulsory medical treatment measure must come to receive the person subject to compulsory medical treatment. In case the People's Procuracy issues the decision to suspend, then upon receiving the suspension decision, the relatives of the person subject to compulsory medical treatment must come to receive that person. The handover must be recorded in a protocol, clearly stating the time spent in compulsory mental health treatment. If within fifteen days from the date the compulsory mental health treatment facility receives the decision to suspend the implementation of the compulsory medical treatment measure, the responsible agency or the relatives of the person subject to compulsory medical treatment do not come to receive the person who has recovered from the illness and there is no other information, the compulsory mental health treatment facility will process the discharge procedures for the person subject to compulsory medical treatment according to normal procedures.

The head of the responsible agency coming to receive the person, but failing to do so or arriving beyond the specified deadline, shall bear responsibility under the law.

4. In cases where the person subject to compulsory medical treatment has completed serving the sentence and has recovered from the illness, the compulsory mental health treatment facility shall process the discharge procedures for them similarly to other patients.

Article 13. Resolution after Suspension of Implementation of Compulsory Medical Treatment Measures

After the Decision to Suspend the Implementation of Compulsory Medical Treatment Measures takes effect, the resumption of suspended litigation activities, application of preventive measures, and continued execution of sentences against persons whose compulsory medical treatment measures have been suspended shall be decided by investigative agencies, the People's Procuracy, and the People's Court in accordance with relevant laws.

Article 14. Organization of Compulsory Mental Health Treatment Facilities to Implement Compulsory Medical Treatment Measures

1. The Central Institute of Forensic Psychiatry and the Central Mental Hospital No. 1 (Thuong Tin, Hanoi) shall be responsible for receiving, managing, and treating persons subject to compulsory medical treatment in northern provinces and centrally-administered cities; the Da Nang Mental Hospital (Da Nang city) shall be responsible for receiving, managing, and treating persons subject to compulsory medical treatment in central and western highland provinces and centrally-administered cities; the Southern Branch of the Central Institute of Forensic Psychiatry and the Central Mental Hospital No. 2 (Bien Hoa, Dong Nai) shall be responsible for receiving, managing, and treating persons subject to compulsory medical treatment in southern provinces and centrally-administered cities.

2. The number of beds at compulsory mental health treatment facilities as stipulated in Clause 1 of this Article shall be regulated by the Ministry of Health.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from September 15, 2011.

Article 16. Responsibility for Implementation

1. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals shall be responsible for implementing this Decree.

2. The Ministry of Public Security shall take the lead, coordinate with relevant ministries and sectors to inspect, guide, and urge the implementation of this Decree./.