Decree No. 80/2018/ND-CP amending and supplementing certain articles of Decree No. 147/2003/ND-CP dated December 2003 of the Government on conditions, procedures for issuing permits, and management of voluntary drug rehabilitation centers; Decree No. 135/2004/ND-CP dated June 10, 2004 of the Government on the application regime of placing individuals in medical facilities, organization of activities of medical facilities under the Administrative Violations Handling Ordinance, and the application regime for minors and voluntary patients.

DECREE

Amending and supplementing some Articles of Decree No. 147/2003/NĐ-CP

dated December 2, 2003 of the Government on conditions, procedures for issuing permits and management of voluntary drug rehabilitation facilities

Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the regime for applying measures to admit individuals to medical facilities, organization of activities of medical facilities under the Administrative Violations Handling Ordinance and the regime applied to minors and voluntary patients

Pursuant to the Law on Prevention and Control of Drugs dated December 19, 2000; the Law Amending and Supplementing Some Provisions of the Law on Prevention and Control of Drugs dated June 3, 2008;

The Government promulgates this Decree amending and supplementing some Articles of Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on Conditions, Procedures for Issuing Permits and Management of Voluntary Drug Rehabilitation Facilities (hereinafter referred to as Decree No. 147/2003/NĐ-CP); Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government on the regime for applying measures to admit individuals to medical facilities, organization of activities of medical facilities under the Administrative Violations Handling Ordinance and the regime applied to minors and voluntary patients (hereinafter referred to as Decree No. 135/2004/NĐ-CP).

Article 1. Amending and supplementing some Articles of Decree No. 147/2003/NĐ-CP

1. Article 21 is amended and supplemented as follows:

"Article 21. Contract for Providing Voluntary Drug Rehabilitation Services

Pursuant to the Law on Government Organization dated June 19, 2015;

1. The transaction between individuals with a need for drug rehabilitation and drug rehabilitation service providers is a civil relationship, implemented through a voluntary drug rehabilitation service provision contract. For minors under 18 years old who have a need for drug rehabilitation, the contract must be concluded through their parents or guardians.

Decree No. 07/2021/NĐ-CP

2. When concluding the contract, the party entering into the contract must prove their identity using one of the following documents: Citizen Identity Card; Identity Card; Passport; Birth Certificate; Driver's License.

3. As soon as the individual with a need for drug rehabilitation proposes to use drug rehabilitation services and proves their identity, the drug rehabilitation facility has the responsibility to clearly explain the rights and obligations of the person undergoing rehabilitation, and the rights and obligations of the drug rehabilitation service provider.

4. The voluntary drug rehabilitation service provision contract is signed between the head of the drug rehabilitation facility providing the service and the individual with a need for drug rehabilitation or the parents, guardians of minors under 18 years old. The voluntary drug rehabilitation service provision contract shall be carried out according to Model No. 01 attached to this Decree.

5. Upon receiving voluntary drug rehabilitation seekers, the drug rehabilitation facility must check, record the receipt of drug users, personal belongings, and luggage (if any); conduct an initial health examination."
2. Article 23 is amended and supplemented as follows:
"Article 23. Termination of Voluntary Drug Rehabilitation Service Provision Contracts
1. When completing the voluntary drug rehabilitation service provision contract, all parties will proceed to liquidate the contract in accordance with the provisions of civil law. At the same time, the head of the drug rehabilitation facility must issue a Certificate of Completion of the Voluntary Drug Rehabilitation Program to the person who has completed drug rehabilitation according to Model No. 02 attached to this Decree. For voluntary drug rehabilitation seekers under 18 years old at the time of contract termination, the drug rehabilitation service provider has the responsibility to hand over the rehabilitated person to their parents or guardians.
2. During implementation, if there is a breach of the voluntary drug rehabilitation contract, the parties will negotiate. In case the contract must be terminated, it will be resolved according to the provisions of civil law. 3. Individuals undergoing voluntary drug rehabilitation during detoxification treatment, mental disorder treatment, and health recovery cannot terminate the contract except in cases where a doctor has given instructions."
3. Supplementing Article 2a after Article 2 of Decree No. 147/2003/NĐ-CP as follows:

"Article 2a. Policy and Support for Individuals Undergoing Voluntary Drug Rehabilitation

1. The policy and support for individuals undergoing voluntary drug rehabilitation as stipulated in this Decree shall be supported by the state budget according to the provisions of Article 48a and Article 48b of Decree No. 135/2004/NĐ-CP, which are supplemented according to Clause 4 and Clause 5 of Article 2 of this Decree.
2. The policy and support for individuals undergoing voluntary drug rehabilitation as stipulated in Clause 1 of this Article shall be piloted from 2018 to 2020 at 15 non-public drug rehabilitation facilities in 10 centrally governed cities and provinces including Son La, Thai Nguyen, Hoa Binh, Nghe An, Hanoi, Ho Chi Minh City, Dak Lak, Dong Nai, Binh Duong, and Can Tho.
3. The Ministry of Finance shall guide the financial management mechanism for voluntary drug rehabilitation at non-public drug rehabilitation facilities as stipulated in Clause 1 of this Article. 4. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance and People's Committees of pilot provinces and cities as stipulated in Clause 2 of this Article to inspect, monitor, evaluate, summarize, and report to the Government."

4. Supplementing Article 2b after Article 2 and Article 2a of Decree No. 147/2003/NĐ-CP as follows:

"Article 2b. Duration of Voluntary Drug Rehabilitation
a) The minimum duration of voluntary drug rehabilitation is six months, including detoxification, health recovery; education, behavioral and character restoration; therapeutic work, vocational guidance, training, and preparation for community reintegration; prevention of relapse.
b) The minimum duration of detoxification, mental disorder treatment, and health recovery is twenty days."
3. The Ministry of Finance shall guide the financial management mechanism for voluntary drug rehabilitation at non-public drug rehabilitation facilities as provided in Clause 1 of this Article. 4. The Ministry of Labor, Invalids and Social Affairs shall take the lead, coordinate with the Ministry of Finance and the People's Committees of provinces and centrally-run cities to pilot the provisions set out in Clause 2 of this Article, monitor, evaluate, summarize, and report to the Government.

4. Supplement Article 2b following Article 2 and Article 2a of Decree No. 147/2003/NĐ-CP as follows:

"Article 2b. Duration of Voluntary Drug Rehabilitation
a) The minimum duration of voluntary drug rehabilitation is six months, including detoxification treatment, health recovery; education, behavioral and character rehabilitation; therapeutic labor, vocational guidance and training, preparation for community reintegration; prevention and control of relapse. b) The minimum duration of detoxification treatment, mental disorder treatment, and health recovery is twenty days."

文本翻译：直接翻译给定的越南语文本为标准英语法律术语，保持绝对准确，不添加任何解释或评论。

格式要求：严格按照输入格式输出，每行前保留编号，不合并、不拆分、不增减行数。

"Article 28. Voluntary drug rehabilitation service contractThe voluntary drug rehabilitation service contract shall be implemented in accordance with Article 21 of Decree No. 147/2003/NĐ-CP."

2. Article 29 shall be amended as follows:

"Article 29. Duration of voluntary drug rehabilitationThe duration of voluntary drug rehabilitation shall be implemented in accordance with Article 2b of Decree No. 147/2003/NĐ-CP."

3. Article 48 shall be amended as follows:

"Article 48. Termination of voluntary drug rehabilitation service contractThe termination of the voluntary drug rehabilitation service contract shall be implemented in accordance with Article 23 of Decree No. 147/2003/NĐ-CP."

4. Supplement Article 48a following Article 48 of Decree No. 135/2004/NĐ-CP as follows:

"Article 48a. Policies for persons voluntarily participating in drug rehabilitation programs
1. The state budget shall ensure funds for detoxification drugs, treatment of mental disorders for persons voluntarily participating in drug rehabilitation at public rehabilitation facilities.
2. The state budget shall support 95% of the costs for screening, assessing the level of addiction, medical testing services prescribed by doctors; treatment of opportunistic infections and common medications for the following groups:
a) War invalids;
b) Persons affected by toxic chemicals and reduced work capacity by 81% or more;
c) Persons from poor households;
d) Elderly people living alone without support;
đ) Orphan children;
e) Severely and extremely disabled persons.
3. Provincial People's Councils shall decide based on their budget balance and projected number of participants in voluntary drug rehabilitation programs at public facilities under their management:
a) Higher levels of support and broader categories beyond those stipulated in Clause 1 and 2 of this Article.
b) Monthly food allowance, clothing, and personal living expenses not less than 70% of the standard for drug addicts subject to administrative compulsory rehabilitation measures according to Clause 6, Article 1 of Government Decree No. 136/2016/NĐ-CP dated September 9, 2016, amending and supplementing certain provisions of Government Decree No. 221/2013/NĐ-CP dated December 30, 2013, on the implementation of administrative compulsory rehabilitation measures.

c) Housing support for drug addicts participating in voluntary drug rehabilitation programs at voluntary drug rehabilitation facilities."

5. Supplement Article 48b following Article 48 and Article 48a of Decree No. 135/2004/NĐ-CP as follows:

"Article 48b. Sources of funding for voluntary drug rehabilitation programsFunding for policies for persons voluntarily participating in drug rehabilitation programs shall be guaranteed by local budgets in accordance with the分级任务如下：

1. This Decree takes effect from July 5, 2018.

2. Repeal Article 19, Article 20, and Article 22 of Decree No. 147/2003/NĐ-CP.

3. Repeal Article 26, Article 27, and Article 49 of Decree No. 135/2004/NĐ-CP.

4. Responsibilities for Implementation

a) The Ministry of Labor, Invalids and Social Affairs shall uniformly manage the state administration in the field of voluntary drug rehabilitation; guide the organization and operation of voluntary drug rehabilitation facilities; organize training and capacity building for staff working in voluntary drug rehabilitation facilities; implement inspection and reporting as prescribed.

b) Ministries, ministerial-level agencies, provincial and centrally-run city People's Committees, and related agencies, organizations, and individuals shall be responsible for implementing this Decree./.