Decree No. 94/2009/NĐ-CP detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law regarding post-drug rehabilitation management

DECREE

Detailed Implementation Decree of the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Narcotics Regarding Post-Rehabilitation Management

Of Narcotics

_______________

THE GOVERNMENT

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

Pursuant to the Law on Prevention and Control of Drugs dated December 9, 2000;

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

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates measures for post-rehabilitation management (hereinafter referred to as post-rehabilitation management), subjects, authority, and procedures and formalities for applying post-rehabilitation management measures; management systems, support policies for persons subject to post-rehabilitation management measures (hereinafter referred to as post-rehabilitation persons) and organization and activities of post-rehabilitation management facilities.

Post-rehabilitation management narcotics facility in this Decree is called Post-Rehabilitation Management Center (hereinafter referred to as Center).

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Post-Rehabilitation Management Center is a unit established by the Chairman of the People's Committee of provinces and centrally governed cities (collectively referred to as provincial level) to implement post-rehabilitation management work for persons who have completed compulsory drug rehabilitation but still have a high risk of relapse.

2. Relapse is the situation where a drug addict continues to use drugs after completing the prescribed drug rehabilitation process.

Article 3. Duration, Age, and Statute of Limitations for Implementing Post-Rehabilitation Management Decision

1. The duration of post-rehabilitation management for persons who have completed compulsory drug rehabilitation is from one to two years. Based on the nature and degree of high risk of relapse, the person with authority to decide on post-rehabilitation management as stipulated in Clause 2, Article 5 and Clause 3, Article 17 of this Decree shall decide the duration of post-rehabilitation management for each specific case.

2. Post-rehabilitation management measures shall not be applied to women over 55 years old and men over 60 years old.

3. The statute of limitations for implementing the decision to apply post-rehabilitation management measures is one year, counted from the date of signing the decision. In cases where persons subject to post-rehabilitation management measures deliberately evade implementation, the aforementioned statute of limitations shall be recalculated from the time the evasive behavior ceases.

Article 4. Funding to Ensure Post-Rehabilitation Management Work

1. Funding to ensure post-rehabilitation management work includes:

a) State budget according to the 分级后的第二部分翻译如下：

b) Contributions from individuals or families of persons subject to post-rehabilitation management measures;

c) Revenue from production and service activities of the Center;

d) Donations and support from organizations and individuals both within and outside the country, and other lawful sources of income.

2. Enterprises, organizations, and individuals investing in vocational training and job creation for post-rehabilitation persons shall enjoy preferential policies on tax, loans, and other preferential policies as stipulated by law.

Chapter II

POST-REHABILITATION MANAGEMENT AT PLACE OF RESIDENCE

Article 5. Subjects and Authority to Decide on Applying Post-Rehabilitation Management Measures at Place of Residence

1. The subjects of post-rehabilitation management measures at place of residence are persons who have completed their time at the Drug Rehabilitation - Education - Social Labor Center, excluding those specified in Clause 1, Article 17 of this Decree.

2. The Chairman of the People's Committee of districts, towns, and cities under provinces (collectively referred to as district level) where the file for sending the subject to the treatment facility was established shall decide on applying post-rehabilitation management measures at place of residence.

Article 6. Establishment of Application Proposal for Post-Rehabilitation Management Measures at Place of Residence

1. Prior to the end of the compulsory rehabilitation period by forty-five days, the Director of the Medical-Correctional-Labor Social Center shall be responsible for establishing the application proposal for post-rehabilitation management measures at place of residence.

2. The application proposal includes:

a) The file of the compulsory rehabilitation subject at the Medical-Correctional-Labor Social Center (a copy);

b) The assessment and evaluation report of the Director of the Medical-Correctional-Labor Social Center on the learning and training process of the drug rehabilitation person at the Center;

c) The application proposal for post-rehabilitation management measures issued by the Director of the Medical-Correctional-Labor Social Center;

d) Documents proving that the subject falls within the scope of post-rehabilitation management at place of residence.

Article 7. Decision on Application of Post-Rehabilitation Management Measures at Place of Residence

1. The Director of the Medical-Correctional-Labor Social Center shall be responsible for transferring the file to the Head of the Labor-Welfare-Social Affairs Office of the district where the file was established, to include the subject into the Medical-Correctional-Labor Social Center, no later than twenty days before the end of the compulsory rehabilitation period.

2. Within five days from the date of receipt of the file, the Head of the Labor-Welfare-Social Affairs Office shall be responsible for reviewing and preparing a document to submit to the Chairman of the People's Committee of the district.

3. Within five days from the date of receipt of the document from the Head of the Labor-Welfare-Social Affairs Office, the Chairman of the People's Committee of the district shall decide on the application of post-rehabilitation management measures at place of residence and notify the list of subjects under post-rehabilitation management to the People's Committee of the commune where the drug user resides for planning reception and implementation of post-rehabilitation management.

4. The decision on the application of post-rehabilitation management measures at place of residence must clearly state the date, month, year of the decision; the name, position of the decision maker; the name, date of birth, occupation, place of residence of the person subject to post-rehabilitation management measures; the duration and location of enforcement of the decision, the agency responsible for enforcing the decision.

5. The decision must be sent to the rehabilitant, their family, the Medical-Correctional-Labor Social Center currently managing the rehabilitant, and the People's Committee of the commune where they reside.

Article 8. Handover of Persons and Files of Post-Rehabilitation Subjects at Place of Residence

1. After receiving the decision of the Chairman of the People's Committee of the district, the Medical-Correctional-Labor Social Center managing the rehabilitant shall be responsible for handing over the person and file to the People's Committee of the commune where they reside. Upon receiving the handover, the People's Committee of the commune must check the file and prepare a handover record. The handover record is made in three copies, each party keeps one copy, and one copy is sent to the People's Committee of the district issuing the decision for coordinated management.

2. The handover files include:

a) The decision of the Chairman of the People's Committee of the district regarding the application of post-rehabilitation management measures at place of residence;

b) The application proposal for post-rehabilitation management measures at place of residence as stipulated in Clause 2, Article 6 of this Decree.

Article 9. Content of post-rehabilitation management and responsibilities of the Chairman of the People's Committee at the commune level and related agencies in organizing post-rehabilitation management at the place of residence

1. Content of post-rehabilitation management at the place of residence:

a) Managing, guiding, and assisting individuals after rehabilitation to prevent and combat relapse; advising them to change behavior and personality;

b) Supporting vocational training, job search, and creating conditions for individuals after rehabilitation to participate in social activities and integrate into the community.

2. The Chairman of the People's Committee at the commune level shall be responsible for:

a) Directing and organizing the implementation of post-rehabilitation management work; establishing a tracking and evaluation record of the post-rehabilitation process; assigning organizations and individuals to help and guide individuals after rehabilitation to isolate themselves from drug environments, prevent and combat relapse; regularly or unexpectedly organizing inspections and drug testing for individuals after rehabilitation;

b) Organizing volunteer social activity teams; mobilizing the community to participate in managing and assisting individuals after rehabilitation; encouraging and motivating individuals after rehabilitation to participate in social activities;

c) Propagandizing, managing, organizing care, counseling, and treatment support for individuals after rehabilitation who are infected with HIV/AIDS;

d) Monthly, organizing meetings to review and evaluate the progress and efforts of individuals after rehabilitation.

3. Social Labor, War Invalids and Social Affairs officers, Health officers, and Police officers at the commune level, according to their assigned functions and tasks, assist the Chairman of the People's Committee at the commune level in organizing post-rehabilitation management at the place of residence.

Article 10. Support for job creation for individuals after rehabilitation at the place of residence

1. Families of individuals after rehabilitation, organizations, and individuals with capital, technical skills, and production and business experience may cooperate and link up to establish production bases to help and create conditions for individuals after rehabilitation to have stable employment and income.

2. Chairmen of People's Committees at all levels shall be responsible for creating favorable conditions for production and business for production bases belonging to organizations and individuals that accept and resolve employment for individuals after rehabilitation.

3. Production bases must fulfill commitments in labor contracts with workers who are individuals after rehabilitation; coordinating with the People's Committee at the commune level in managing individuals after rehabilitation;

Article 11. Responsibilities of families of individuals after rehabilitation

1. Strictly managing, supervising, and supporting job creation for individuals after rehabilitation.

2. Closely cooperating with the People's Committee at the commune level in managing individuals after rehabilitation.

3. Creating conditions for individuals after rehabilitation to participate in community activities organized by the People's Committee at the commune level, mass organizations, and social organizations in their place of residence.

Article 12. Rights, responsibilities, and support systems for individuals after rehabilitation at the place of residence

1. Individuals after rehabilitation at the place of residence have the following rights:

a) To engage in labor, study, and participate in social activities of the community at the place of residence;

b) To express their wishes and suggestions to the Chairman of the People's Committee at the commune level;

c) To exercise other citizen rights as prescribed by law.

2. Individuals after rehabilitation have the following responsibilities:

a) Developing a post-rehabilitation discipline plan according to the guidance of assigned individuals and organizations; committing to implementing regulations on post-rehabilitation management at the place of residence and strictly adhering to these commitments;

b) Strictly abiding by state laws, fulfilling civic duties, and observing village, hamlet, ward, and community unit agreements where they reside;

c) Monthly reporting to the organization responsible for managing and assisting about their discipline, effort, and progress.

3. Support systems for individuals after rehabilitation:

a) Individuals after rehabilitation at the place of residence are supported psychologically and socially during the post-rehabilitation management period and reintegration into the community;

b) Individuals after rehabilitation are considered for vocational training support and job search assistance based on the specific capabilities and conditions of the People's Committee at the commune level.

Article 13. Provisions on travel and change of place of residence for persons after drug rehabilitation

1. During the period of implementing the decision to manage after drug rehabilitation at the place of residence, persons after drug rehabilitation may be absent from their place of residence if there are valid reasons, but each absence shall not exceed thirty days and the total time of absence shall not exceed one third of the duration of the management measure after drug rehabilitation as follows:

a) In case of absence from the place of residence for up to ten days, they must report to the organization, person assisting, or the People's Committee of the commune.

b) In case of absence from the place of residence for more than ten days up to thirty days, they must submit a request for permission stating the reason, duration, and destination, accompanied by the opinion of the organization or the directly assigned assistant person, and obtain the agreement of the Chairman of the People's Committee of the commune or the Chief of the Police Station of the commune where they reside.

2. Persons after drug rehabilitation have the responsibility to report to the police station of the commune where they stay about their stay. Upon completion of the permitted stay period, they must have confirmation from the Chief of the Police Station of the commune where they stayed regarding the duration of stay and compliance with the law at the place of stay.

3. The time that persons after drug rehabilitation are absent from their place of residence will be counted towards the implementation period of the decision if they do not violate the law at the place of temporary residence; if they violate the law or are absent without reporting or without the consent of the Chief of the Police Station of the commune, then the time of absence will not be counted towards the management period after drug rehabilitation.

4. In cases of valid reasons such as changing the registered permanent residence, going to school, having stable employment, or other valid reasons, persons after drug rehabilitation must submit a request and include the opinion of the organization or the assigned manager and helper. Based on the request and confirmed opinions, the Chairman of the People's Committee of the commune where the person resides will consider and resolve. If the person changes their registered permanent residence, the Chairman of the People's Committee of the commune where the person currently resides will prepare a document requesting and send the entire file of the person after drug rehabilitation to the Chairman of the People's Committee of the commune where the person will reside to continue managing and supporting after drug rehabilitation.

Article 14. Reduction of Duration, Suspension, or Exemption from Implementation of Management After Drug Rehabilitation at Place of Residence

1. Persons after drug rehabilitation who have implemented two-thirds of the time according to the decision to manage after drug rehabilitation, if they make meritorious contributions or show clear progress, the Chairman of the People's Committee of the commune may propose to the Chairman of the People's Committee of the district to decide to reduce part of or exempt from the remaining time of implementation.

2. In cases where persons implementing the decision to manage after drug rehabilitation fall seriously ill, they may be temporarily suspended from implementing the decision for treatment; the treatment time will not be counted towards the implementation period. For pregnant women, they may be temporarily suspended from implementing the decision until the child is thirty-six months old. If during the suspension period, they show clear progress or make meritorious contributions confirmed by the People's Committee of the commune where they reside, they may be exempted from the remaining time of implementation. For persons suffering from serious illnesses certified by hospitals at the district level or higher, they may be exempted from the remaining time of implementation.

3. The procedures and formalities for considering the reduction of duration, suspension, or exemption from implementation of the decision to manage after drug rehabilitation at the place of residence are as follows:

a) The Chairman of the People's Committee of the commune prepares a list of cases for reduction of duration, suspension, or exemption from implementation of the decision to manage after drug rehabilitation as stipulated in Clause 1 and 2 of this Article and sends it in writing to the Head of the Department of Labor, Invalids, and Social Affairs of the district.

b) Within three days from the date of receipt of the document from the Chairman of the People's Committee of the commune, the Head of the Department of Labor, Invalids, and Social Affairs of the district must review and prepare a document to submit to the Chairman of the People's Committee of the district.

c) Within two days from the date of receipt of the document from the Head of the Department of Labor, Invalids, and Social Affairs of the district, the Chairman of the People's Committee of the district must consider and decide on the reduction of duration, suspension, or exemption from implementation of the decision to manage after drug rehabilitation.

Article 15. Expiry of Post-Rehabilitation Management Period

1. Upon expiry of the post-rehabilitation management period, the post-rehabilitation individual must prepare a self-assessment report on their learning and training process during the entire period they were subject to post-rehabilitation management measures.

2. Based on the self-assessment report of the post-rehabilitation individual and confirmation from the individuals or organizations assigned to assist in post-rehabilitation management, the People's Committee of the commune shall review, evaluate, and issue a "Certificate of Completion of Post-Rehabilitation Management Decision at Place of Residence."

Article 16. Support System and Policies for Individuals Directly Involved in Post-Rehabilitation Management Work at Place of Residence

1. Individuals directly involved in post-rehabilitation management work for drug users at place of residence shall be entitled to subsistence allowances as prescribed.

2. The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of Finance to specify the details regarding supplementary allowances and support levels for individuals directly involved in post-rehabilitation management work for drug users at place of residence.

Chapter III

POST-REHABILITATION MANAGEMENT AT THE CENTER

Section 1. PROCEDURES FOR APPLYING POST-REHABILITATION MANAGEMENT MEASURES

AT THE CENTER

Article 17. Subjects and Authority to Decide on Application of Post-Rehabilitation Management Measures at the Center

1. The subjects to whom post-rehabilitation management measures at the center are applied are those who have completed compulsory drug rehabilitation at the Medical-Correctional-Labor Center and have a high risk of relapse, falling under one of the following cases:

a) Having a history of drug addiction for five years or more, or using drugs through injection for two years or more (determined based on the application file for admission to the Medical-Correctional-Labor Center);

b) Having undergone compulsory drug rehabilitation at the Medical-Correctional-Labor Center three times or more;

c) Within six months, the subject has committed violations of the center's internal regulations and received disciplinary actions in the form of warnings three times or more, or isolation in disciplinary rooms twice or more;

d) Not having a profession; having a profession but not having stable employment before entering a drug rehabilitation facility; lacking a fixed place of residence

2. Post-rehabilitation management measures at the center shall not be applied to individuals who have completed compulsory drug rehabilitation and have a high risk of relapse as stipulated in Clause 1 of this Article, but who lack the health to learn a trade or engage in productive labor, or who suffer from late-stage AIDS; individuals falling under Point a of Clause 1 of this Article but who, during compulsory rehabilitation at the center, demonstrated good compliance with discipline, study, and training.

3. The Chairman of the People's Committee of the district where the file for admitting the subject to the Medical-Correctional-Labor Center was established shall decide on the application of post-rehabilitation management measures at the center.

Article 18. Preparation of Application File for Post-Rehabilitation Management Measures at the Center

1. Forty-five days prior to the end of compulsory rehabilitation, the Director of the Medical-Correctional-Labor Center shall be responsible for preparing the file, organizing a Review Board for high-risk relapse individuals as stipulated in Clause 1 of Article 17 of this Decree, and preparing the application file for post-rehabilitation management measures at the center.

2. The application proposal includes:

a) Copy of the compulsory rehabilitation file of the individual at the Medical-Correctional-Labor Center;

b) Self-assessment report on the learning and training process during the time at the center by the rehabilitated individual, with comments and evaluations by the Director of the Medical-Correctional-Labor Center;

c) Minutes of the Review Board for high-risk relapse individuals at the center; documents proving that the subject falls within the scope of post-rehabilitation management at the center;

d) Written request of the Director of the Medical-Correctional-Labor Center sent to the Head of the Labor-Invalids-Social Affairs Office where the file for admitting the subject to the Medical-Correctional-Labor Center was established.

Article 19. Responsibility and time limit for reviewing the file

Within ten days from the date of receipt of the file specified in Clause 2 of Article 18 of this Decree, the Head of the Department of Labor - War Invalids and Social Affairs shall be responsible for reviewing the file and submitting it to the Chairman of the People's Committee at the district level.

Article 20. Decision on applying post-treatment management measures at the Center

1. Within five days from the date of receipt of the proposal document of the Head of the Department of Labor - War Invalids and Social Affairs, the Chairman of the People's Committee at the district level shall consider and decide on the application of post-treatment management measures at the Center.

2. The decision must clearly state the date, month, year of the decision; the name, position of the person making the decision; the name, date of birth, occupation, place of residence of the post-treatment individual; the duration and place of enforcement of the decision, the agency responsible for enforcing the decision.

3. The decision shall be sent to the post-treatment individual, their family, the Social Rehabilitation - Education - Labor Center currently managing the post-treatment individual, the Post-Treatment Management Center, the Department of Labor - War Invalids and Social Affairs.

Article 21. Enforcement of the decision on applying post-treatment management measures at the Center

1. Within three days from the date the decision on applying post-treatment management measures at the Center becomes effective, the Director of the Social Rehabilitation - Education - Labor Center shall be responsible for organizing the handover of the post-treatment individual to the Director of the Post-Treatment Management Center.

2. If the individual subject to the post-treatment management decision at the Center does not voluntarily comply within the time limit stipulated in this Clause, they will be compelled to enforce the decision.

Article 22. Handover procedures for post-treatment individuals to the Center

1. When receiving the handover of individuals subject to post-treatment management measures for drug addiction, the Center must check the file and establish a handover record. The handover record is established in three copies, each party retains one copy, one copy is sent to the Department of Labor - War Invalids and Social Affairs where the file was established to transfer the individual to the Center.

2. The handover files include:

a) The decision of the Chairman of the People's Committee at the district level applying post-treatment management measures at the Center;

b) The file proposing the application of post-treatment management measures at the Center as specified in Clause 2 of Article 18 of this Decree.

3. In cases where the Social Rehabilitation - Education - Labor Center is simultaneously the Post-Treatment Management Center, the Director of the Social Rehabilitation - Education - Labor Center must conduct classification and file storage for separate management and report to the Department of Labor - War Invalids and Social Affairs.

Article 23. Suspension or exemption from enforcement of the decision on applying post-treatment management measures at the Center

1. Post-treatment individuals may have their enforcement of the decision suspended in the following cases:

a) Seriously ill with certification from a medical facility at the district level or higher;

b) Families with particularly difficult circumstances confirmed by the Chairman of the People's Committee at the commune level where the individual resides;

c) Pregnant women or those nursing children under thirty-six months old.

2. Post-treatment individuals may be exempted from enforcement of the decision in the following cases:

a) Suffering from a serious illness with certification from a medical facility at the district level or higher;

b) Terminal stage AIDS patients.

3. Procedures and formalities for considering suspension or exemption from enforcement of post-treatment management measures:

a) Post-treatment individuals falling under the cases specified in Clauses 1 and 2 of this Article submit a request to the Director of the Social Rehabilitation - Education - Labor Center or the Director of the Post-Treatment Management Center; for individuals who have already received a decision but have not yet been transferred to the Post-Treatment Management Center, the Director of the Social Rehabilitation - Education - Labor Center receives the request for suspension or exemption; for individuals currently enforcing the decision at the Post-Treatment Management Center, the Director of the Post-Treatment Management Center receives the request for suspension or exemption.

b) Within two days from the date of receipt of the request, the Director of the Social Rehabilitation - Education - Labor Center, the Director of the Post-Treatment Management Center shall prepare a document to send to the Head of the Department of Labor - War Invalids and Social Affairs at the district level where the file was established to transfer the individual to the Social Rehabilitation - Education - Labor Center;

c) Within three days from the date of receipt of the document from the Director of the Social Rehabilitation - Education - Labor Center, the Director of the Post-Treatment Management Center, the Head of the Department of Labor - War Invalids and Social Affairs must review and prepare a document to submit to the Chairman of the People's Committee at the district level;

d) Within two days from the date of receipt of the document from the Head of the Department of Labor - War Invalids and Social Affairs, the Chairman of the People's Committee at the district level must consider and decide on the suspension or exemption from enforcement of the decision on applying post-treatment management measures at the Center.

4. When the suspension period of the decision of the Chairman of the People's Committee at the district level expires, the decision shall continue to be enforced. If the post-treatment individual does not voluntarily comply, compulsory measures shall be applied according to the provisions of the law.

Article 24. Reduction of Duration, Suspension, or Exemption from Execution of Remaining Time at the Center

1. A person who has completed two-thirds of the duration prescribed in the decision on post-detoxification management measures, has established good habits, or has shown significant progress shall be considered for reduction of the remaining duration or exemption from execution of the remaining time by the Director of the Center, who will propose to the Chairman of the People's Committee of the district for a decision.

2. In cases where a person executing the decision on placement in the Center falls seriously ill, they may be temporarily suspended from executing the decision, transferred back to their family for treatment; the treatment period will not be counted towards the execution period.

3. Pregnant women may be temporarily suspended from executing the decision until their child reaches thirty-six months of age. If during this suspension period, such person demonstrates outstanding achievements in study, training, and labor, confirmed by the People's Committee of the commune where they reside, they may be exempted from executing the remaining time.

4. Procedures and formalities for considering reduction of duration, suspension, or exemption from execution of post-detoxification management decisions at the Center:

a) The Director of the post-detoxification management center shall prepare a list of cases for reduction of duration, suspension, or exemption from execution of post-detoxification management decisions as stipulated in Clause 1, 2, and 3 of this Article and submit it in writing to the Head of the Labor, Invalids, and Social Affairs Department of the district where the file for placing the subject into the Rehabilitation-Education-Social Work Center was established.

b) Within three days from receiving the Director's document, the Head of the Labor, Invalids, and Social Affairs Department of the district must review and prepare a report to present to the Chairman of the People's Committee of the district.

c) Within two days from receiving the Head of the Labor, Invalids, and Social Affairs Department's document, the Chairman of the People's Committee of the district must consider and decide on the reduction of duration, suspension, or exemption from execution of the post-detoxification management decision.

Article 25. Completion of Execution Period of Post-Detoxification Management Decision at the Center

1. Thirty days before the completion of the execution period of the post-detoxification management decision at the Center, the Director of the Center shall notify the person concerned.

2. Upon completion of the execution period, the Director of the Center shall issue a "Certificate of Completion of Post-Detoxification Management Decision Execution at the Center" to the person concerned and send a copy of the certificate to the Labor, Invalids, and Social Affairs Department, the People's Committee of the commune where the person resides, and the person's family to assist with community reintegration.

3. For provinces with resettlement areas and employment for post-detoxification individuals, if such individuals wish to remain and live or work in these areas upon completion of the execution period, they shall submit a request to the Chairman of the People's Committee of the province. Within ten days, the Chairman of the People's Committee of the province must consider and resolve the matter.

SECTION 2. MANAGEMENT REGIME, STUDY, LABOR, AND REWARD AND DISCIPLINE FOR POST-DETOXIFICATION INDIVIDUALS AT THE CENTER

REWARD AND DISCIPLINE FOR PERSONS AFTER DRUG DETOXIFICATION AT THE CENTER

HEART

Article 26. Management Regime

1. Post-detoxification individuals may bring essential personal items; they may meet relatives, send letters, or communicate with their families; they may receive money, quilts, clothing, medical supplies, food, and other essential personal items sent by relatives according to the Center's regulations; they may participate in cultural, sports, entertainment activities, and other collective activities organized by the Center.

2. During their stay at the Center, post-detoxification individuals must comply with the Center's regulations on management, education, study, daily life, labor, and training; they must participate in production labor to cover their own food expenses and living costs.

Article 27. Vocational Training System

Persons after rehabilitation shall be provided with vocational training and skill enhancement based on the conditions and organizational capacity of the Center.

Article 28. Labor Conditions and Enjoyment of Labor Outcomes

1. Persons after rehabilitation must comply with the working schedule and labor regulations set by the Center and shall be equipped with labor protective gear to ensure safety and hygiene as prescribed.

2. Persons after rehabilitation shall receive wages according to their labor quota and work performance or as stipulated in the Labor Contract. The wages shall be used for living expenses and daily necessities, with any remaining amount deposited into a savings account. Upon completion of the decision, they shall receive back the saved amount along with the corresponding interest.

3. In cases where persons after rehabilitation suffer workplace accidents, the Center must promptly organize rescue and treatment, and complete necessary procedures to provide compensation benefits as prescribed by law.

Article 29. Contribution, Subsidy, and Health Insurance System

1. Persons after rehabilitation at the Center must contribute towards food costs, medical examination and treatment fees, and other management expenses as prescribed. For those from poor households, policy families under the Preferential Treatment Ordinance for Those Contributing to the Revolution, minors, individuals in the final stage of AIDS, and those without a fixed residence, contributions may be waived or reduced upon consideration.

2. Persons after rehabilitation at the Center shall be supported by the State with partial funding for food, medication, vocational training, essential personal items, and other expenses during the execution period of the decision.

3. Persons after rehabilitation at the Center shall participate in health insurance in accordance with current regulations on health insurance systems.

Article 30. Bereavement Leave System

In the event that the father, mother, paternal or maternal grandparents (from both sides), spouse, child, full brother, sister, or half-sibling of a person after rehabilitation passes away, and the family submits a request confirmed by the People's Committee of the commune, the Director of the Center may allow the person to return home for bereavement leave for up to three days (excluding travel time). The family is responsible for picking up and returning the person to the Center. This period will be counted towards the execution period of the decision.

Article 31. Reward and Disciplinary System

1. During the execution of the decision for post-rehabilitation management, persons after rehabilitation who show progress or outstanding achievements shall be rewarded in the following forms:

a) Public commendation;

b) Recommendation for reduction or exemption from the execution period of the decision;

c) Other forms as prescribed by law;

2. The Director of the Center shall impose disciplinary measures on persons after rehabilitation under management at the Center who violate internal rules and regulations through the following methods:

a) Reprimand;

b) Warning;

c) Educational detention in a disciplinary room;

d) Other disciplinary measures as prescribed by law. The maximum duration for educational detention in a disciplinary room imposed by the Director of the Center is seven days per decision. Individuals placed in the disciplinary room must write a self-criticism report and present it before the directly managing unit.

3. Decisions on rewards and punishments must be in writing and recorded in the file of the person after rehabilitation.

4. In cases where the individual commits a violation of the law, they shall be subject to administrative penalties, referral to a medical facility, educational institution, or criminal prosecution depending on the nature and severity of the violation; if material damage is caused, compensation must be made in accordance with the law.

Article 32. Handling cases where individuals after drug rehabilitation become seriously ill or suffer from critical illnesses, or die

1. Individuals after drug rehabilitation who become seriously ill or suffer from critical illnesses beyond the treatment capacity of the Center shall be transferred to state medical facilities for examination and treatment or returned to their families for care. The Center shall bear the cost of medical examination and treatment and request the individual after drug rehabilitation or their family to reimburse it. In cases where individuals have valid health insurance cards, the costs of medical examination and treatment shall be covered by the Social Insurance Fund according to current regulations. For individuals classified as poor, near-poor, or from policy families without health insurance cards, if they submit a request, the Center may provide partial or full subsidies for medical examination and treatment costs. Minors will be subsidized 100% of medical examination and treatment costs. The Center is responsible for managing individuals after drug rehabilitation during their care and treatment at medical facilities.

2. In cases where individuals after drug rehabilitation die during the execution of the decision, the Director of the Center must immediately report to the Investigation Agency, the Prosecutor's Office, and the Health Authority where the Center is located to determine the cause of death, and simultaneously inform the deceased's relatives to handle funeral procedures. If the deceased has no relatives or if relatives cannot arrive in time, the Center is responsible for organizing the funeral within 24 hours. The Center shall settle forensic examination fees and funeral expenses according to current laws.

Article 33. Responsibilities of the family of individuals after drug rehabilitation

1. Closely cooperate with the Center in managing and supporting individuals subject to post-drug rehabilitation management measures.

2. Manage, supervise, and prevent individuals after drug rehabilitation from using drugs or engaging in behaviors that disrupt public order and social safety upon returning to the community.

Article 34. Responsibilities and benefits of individuals after drug rehabilitation

1. During the execution of the post-drug rehabilitation management decision at the Center, individuals after drug rehabilitation have the responsibility to:

a) Strictly comply with legal provisions, internal regulations, and rules of the Center;

b) Actively participate in production labor, complete assigned work quotas, quantity, and quality;

c) Actively train, study, compete in labor, participate in cultural, sports activities, and social activities of the Center;

d) Actively participate in propaganda and mobilization efforts to eliminate drug addiction and other social evils, report and denounce negative manifestations and behaviors, especially drug use, buying, and storing, to relevant authorities to contribute to building a healthy living environment;

đ) Upon completion of the execution period of the decision to enter the Center, return borrowed work tools and protective equipment; compensate for lost or damaged items; settle personal debts owed to the Center;

e) Within ten days from the date of issuance of the Certificate of Completion of Execution of Decision, report to the People's Committee and Police Station of the place of residence.

2. During the execution of the post-drug rehabilitation management decision at the Center, individuals after drug rehabilitation enjoy the following benefits:

a) When participating in production labor at enterprises outside the Center, they can sign labor contracts, enjoy wage, bonus, working hours, rest time, and insurance benefits according to the Labor Code;

b) Be provided with appropriate accommodation, ensuring necessary amenities; register temporary residence at the workplace location; study and vocational training according to their wishes and the needs of employers;

c) Participate in political-social organizations and occupational organizations according to regulations; meet relatives in designated areas outside working and studying hours, as guided by the Ministry of Labor, Invalids and Social Affairs and specific regulations of the managing unit;

d) Receive rewards for outstanding achievements in production labor, studies, training, maintaining security and order, and ensuring safety of the unit and locality;

đ) Upon completion of the execution period of the decision to enter the Center, individuals after drug rehabilitation will be issued a Certificate of Completion of Execution of Decision; receive certificates and diplomas for completed education and vocational training (according to achieved levels); receive back savings and corresponding interest (if applicable). In cases of difficulty, they will be provided with travel allowances to return to their place of residence.

MOUNTAIN 3. ORGANIZATION AND OPERATIONS OF THE CENTER

Article 35. Authority to Establish the Center

1. The Chairman of the People's Committee at the provincial level shall decide on establishing or dissolving the Center based on specific conditions in the locality and the number of individuals requiring post-rehabilitation management. The procedures for establishing the Center shall be carried out in accordance with the provisions of the law on establishment, restructuring, and dissolution of administrative organizations and state-run public service organizations.

2. For provinces that do not establish a separate Center, the Chairman of the People's Committee at the provincial level shall assign the task of post-rehabilitation management to the Medical Treatment - Education - Social Labor Center. The Medical Treatment - Education - Social Labor Center must allocate a separate area for managing individuals after rehabilitation.

Article 36. Organizational Structure, Staffing, Cadre Policies, and Financial Mechanism of the Center

1. The organizational structure of the Center includes: Director, up to three Deputy Directors, and specialized departments. In special cases, this shall be reviewed and decided by the Chairman of the People's Committee at the provincial level. The appointment, dismissal of the Director and Deputy Directors; and decisions on staffing and organizational structure of the Center shall be implemented according to current regulations on decentralization management.

2. The Center is established at the provincial level and directly under the Department of Labor, Invalids, and Social Affairs. Each Center must manage at least 200 individuals.

3. Personnel working at the Center shall enjoy allowances as stipulated in Decree No. 114/2007/NĐ-CP dated July 31, 2007 of the Government regarding allowances for cadres and civil servants working at facilities managing drug addicts, sex workers, and individuals after drug rehabilitation.

4. The financial mechanism of the Center shall be implemented according to current regulations on self-management and self-responsibility for performing tasks, organizational structure, staffing, and finance for public service units.

Article 37. Content of Post-Rehabilitation Management and Responsibilities of the Center

1. Content of post-rehabilitation management:

a) Managing, counseling, and assisting individuals after rehabilitation to stabilize their psychology, health, and prevent relapse;

b) Organizing cultural education, vocational training, labor production, and supporting individuals after rehabilitation to prepare for reintegration into society.

2. Responsibilities of the Center:

a) Receiving, organizing education, training, job placement, and career guidance for individuals after rehabilitation; collaborating, partnering, or coordinating with individuals, organizations, and enterprises to organize labor production and employment for individuals after rehabilitation. Ensuring living conditions, including food, accommodation, recreational activities, and entertainment for individuals after rehabilitation as prescribed;

b) Organizing propaganda, management, care, counseling, treatment, and support for individuals after rehabilitation; disseminating information, educational communication, and implementing measures to prevent HIV/AIDS transmission; monitoring and evaluating the learning and behavioral rehabilitation process of individuals after rehabilitation; regularly or randomly conducting tests for drug substances among individuals after rehabilitation;

c) Organizing professional training and capacity building for staff of the Center as prescribed;

d) Managing and utilizing infrastructure and financial resources as prescribed;

đ) Cooperating with local authorities to maintain security and order at the Center;

e) Organizing environmental protection at the Center; integrating environmental protection with other programs and plans of the Center.

Article 38. Methods for resolving employment and responsibilities of entities resolving employment for individuals after drug rehabilitation:

1. Individuals after drug rehabilitation shall be arranged and resolved employment through one of the following methods:

a) Organizing production zones at the Center to mobilize organizations and individuals from various economic sectors to invest and organize production with the aim of providing employment for individuals after drug rehabilitation;

b) Organizing concentrated production areas suitable for medium and small-scale business models to provide stable employment and long-term resettlement for individuals after drug rehabilitation;

c) Arranging work at cooperatives and production units for families of individuals after drug rehabilitation or organizations and individuals from various economic sectors that have invested.

2. The People's Committee of the province shall organize employment resolution entities for individuals after drug rehabilitation based on specific local conditions and in accordance with Clause 1 of this Article.

3. Employment resolution entities for individuals after drug rehabilitation as stipulated in Clause 1 of this Article shall have the responsibility:

a) To develop plans, programs for management, education, labor production organization, vocational training and enhancement, and cultural, artistic, physical and sports activities appropriate to the operational conditions of the unit to improve spiritual life and enhance production efficiency;

b) To promulgate internal regulations at the unit;

c) To comply strictly with organizational management regulations, labor production organization according to the functions and tasks of the unit and state regulations. Any acts infringing upon the body, health, honor, and dignity of individuals after drug rehabilitation are strictly prohibited;

d) To regularly inspect, monitor, and evaluate the level of self-improvement and effort of individuals after drug rehabilitation. Monthly, quarterly, and annual reports on the management of individuals after drug rehabilitation at the entity must be submitted to the Department of Labor, Invalids, and Social Affairs;

e) To register temporary residence permits for individuals after drug rehabilitation in the locality where they reside; to coordinate with relevant agencies and the People's Committee of the commune where they reside to ensure social security, safety of the unit, and prevention of illicit drugs and addictive substances from entering the facility;

Article 39. Zoning within the Center

1. The Center shall organize a separate area for women. The Center's Health Department must arrange isolation areas for individuals with dangerous infectious diseases as prescribed by the Minister of Health.

2. The Center must have reception areas, medical examination and treatment areas, educational areas, vocational training areas, labor production areas, dining, living, and cultural and sports activity areas ensuring hygiene and safety for individuals after drug rehabilitation.

3. The Center has a disciplinary room to educate individuals who resist law enforcement officers and violate internal regulations and rules of the Center.

Article 40. Coordination and Support for Ensuring Security and Order and Activities at the Center

When there are complex situations regarding security and order or disease outbreaks, the Director of the Center shall request the police agency and local health authority to dispatch additional personnel to support.

Article 41. Provision and Use of Auxiliary Tools

Center security staff shall be provided with and allowed to use auxiliary tools. The provision and use of auxiliary tools must comply with the provisions of Government Decree No. 47/CP dated August 12, 1996 on the management of weapons, explosives, and auxiliary tools.

Article 42. Pursuit and arrest of persons who escape after drug rehabilitation

1. Persons who are implementing the decision on post-rehabilitation management at the Center and escape shall have the Director of the Center responsible for issuing a decision to pursue and organize the pursuit of the escaped person to return to the Center.

2. Individuals, families, agencies, organizations discovering persons who have escaped after rehabilitation shall be responsible for reporting to the Center, the Police Agency or the People's Committee of the nearest commune. The agency receiving the information must coordinate with the Center to organize the capture and return of the escaped person to the Center.

Article 43. Authority of the Center Director in applying coercive measures

1. The Director of the Center may decide to apply coercive measures against persons under post-rehabilitation management at the Center in the following cases:

a) Failure to comply with internal regulations and rules regarding education, study, labor, and training at the Center;

b) Engaging in acts that disrupt public security and social safety; resisting law enforcement officers;

c) Infringing upon the health, property, and reputation of others or damaging the property and facilities of the Center.

2. Coercive measures applied to prevent violations of the law include the use of support tools as prescribed in Decree No. 47/CP dated August 12, 1996 of the Government on the management of weapons, explosives, and support tools, and other preventive measures as prescribed in Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing certain provisions of the Ordinance on Administrative Violation Handling in 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Administrative Violation Handling in 2008.

Chapter IV

RESPONSIBILITIES OF STATE AGENCIES

Article 44. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs

1. Implement state management over post-rehabilitation management work

2. Lead and coordinate with relevant ministries and sectors in researching, drafting, and promulgating policies and systems related to post-rehabilitation management; management and vocational training regulations and employment resolution for persons after rehabilitation at their place of residence and at the Center; promulgate economic and technical standards of post-rehabilitation management centers; stipulate positions, qualifications for leadership cadres and managers of the Center.

3. Organize staff, train, and provide further training for cadres engaged in post-rehabilitation management and address social issues after rehabilitation.

4. Regularly inspect, audit, supervise, and compile reports on the implementation of post-rehabilitation management work.

Article 45. Responsibilities of the Ministry of Public Security

1. Direct police agencies at all levels to cooperate with labor, invalids, and social affairs agencies, the Fatherland Front, and related social organizations to assist local people's committees in managing, supervising, and supporting persons after rehabilitation to reintegrate into society.

2. Direct police agencies at all levels to support the Center in ensuring public security and order; pursuing and returning escaped persons to the Center.

Article 46. Responsibilities of the Ministry of Health

1. Lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide food safety assurance and prevention and control of infectious diseases and social diseases at the Center.

2. Coordinate with the Ministry of Labor, Invalids, and Social Affairs to specify the criteria for medical facilities within the Center.

Article 47. Responsibilities of the Ministry of Interior and the Ministry of Finance

1. The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to specify the level of vocational training support and job placement support for individuals after drug rehabilitation at their place of residence; guide contributions, exemption and reduction policies for such contributions, partial food and medical expenses, vocational training costs, and necessary personal living supplies, as well as other related expenses for individuals after drug rehabilitation.

2. The Ministry of Interior shall coordinate with the Ministry of Labor, Invalids and Social Affairs in guiding the organizational structure and operation of post-rehabilitation management facilities; define positions, standards for leadership and management staff at Centers; establish systems and policies for post-rehabilitation management staff working at places of residence and Centers.

Article 48. Responsibilities of People's Committees of Provinces and Central Cities

1. Direct the Department of Labor, Invalids and Social Affairs to coordinate with relevant agencies and People's Committees at the district level:

a) Develop plans and organize the implementation of post-rehabilitation management work;

b) Establish regulations to organize the implementation of management, vocational training, and job creation for individuals after drug rehabilitation at their place of residence and at Centers;

c) Develop community reintegration programs and manage assistance for individuals after drug rehabilitation to find employment, stabilize their lives, and prevent relapse.

2. Establish, organize activities, and manage post-rehabilitation management centers according to the provisions of Clause 3, Chapter III of this Decree.

3. Develop and organize training for staff involved in post-rehabilitation management work.

4. Allocate budget annually in accordance with the State Budget Law to implement post-rehabilitation management work as stipulated in this Decree.

Chapter V

IMPLEMENTING PROVISIONS

Article 49. Effective Date

This Decree takes effect from December 22, 2009. The Government Decree No. 146/2004/NĐ-CP dated July 19, 2004, concerning procedures and authority to decide on admission to management, vocational training, and job placement for individuals after drug rehabilitation is hereby repealed.

Article 50. Guidance on Implementation

The Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Ministry of Public Security, the Ministry of Interior, the Ministry of Finance, and other relevant ministries and sectors within their respective functions, tasks, and authorities shall be responsible for leading and coordinating guidance and supervision of the implementation of this Decree.

Article 51. Responsibility for Implementation

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