Decree No. 94/2010/ND-CP stipulates the organization of drug rehabilitation at home and in the community and the procedures for applying compulsory rehabilitation measures in the community. It applies to agencies, organizations, individuals involved in rehabilitation work, drug users, and their families. Notably, it encourages voluntary rehabilitation and provides financial support for those undergoing rehabilitation.
적용 범위
Agencies, organizations, individuals participating in drug rehabilitation work at home and in the community; drug users and their families.
핵심 사항
- Drug users aged twelve years or older may voluntarily undergo rehabilitation at home or in the community.
- Compulsory rehabilitation is applied to those who do not voluntarily report or register for rehabilitation.
- The working group is established and dissolved by the Chairman of the People's Committee of the commune and assists in organizing rehabilitation activities.
- Drug rehabilitation participants must fulfill all obligations according to the rehabilitation plan.
- The Chairman of the People's Committee of the commune is responsible for directing the Working Group to develop and implement the rehabilitation plan.
🌐 이 문서의 사회적 영향
- Positive impact: Supports voluntary rehabilitation for drug users, reducing the risk of relapse.
- Negative impact: May impose a financial burden on local budgets and family finances.
- Beneficiaries: Drug users, their families, and the community.
❓ 자주 묻는 질문
Who can voluntarily undergo drug rehabilitation at home?
Drug users aged twelve years or older may voluntarily undergo rehabilitation at home and must register with the People's Committee of the commune where they reside.
How long does compulsory rehabilitation in the community last?
The duration of drug rehabilitation in the community ranges from six months to twelve months, calculated from the date of the decision.
Is there financial support for drug rehabilitation participants?
For voluntary rehabilitation participants: One-time funding for medication. For compulsory rehabilitation participants: Funding for meals during concentrated rehabilitation.
How long can a rehabilitation participant be absent from their place of residence?
During rehabilitation, participants may be absent if there is a valid reason, but not exceeding thirty days.
Who is responsible for managing and educating rehabilitation participants?
The Chairman of the People's Committee of the commune is responsible for directing the Working Group to carry out counseling, support, management, and education activities for voluntary rehabilitation participants.
전문
DECREE
Regulations on family-based drug rehabilitation and community-based drug rehabilitation
drug rehabilitation at home and in the community
_______________
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 Drugs 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 and Applicability
1. This Decree stipulates on family-based drug rehabilitation and community-based drug rehabilitation (hereinafter referred to as family-based and community-based rehabilitation) and the procedures for applying compulsory community-based rehabilitation measures.
2. This Decree applies to agencies, organizations, individuals participating in drug rehabilitation work at home and in the community, drug addicts, and families of drug addicts.
Article 2. Interpretation of Terms
In this Decree, the following terms shall be understood as follows:
1. Community is a residential unit defined according to the administrative unit of commune, ward, town.
2. Determination of drug addiction is a medical activity carried out by health authorities with competent authority in accordance with the regulations of the Minister of Health.
3. Drug rehabilitation is the application of treatment activities, counseling, study, labor, training aimed at helping drug addicts recover their health, cognition, psychology, and behavior, personality to return to normal status.
4. The drug rehabilitation process is a comprehensive set of methods and measures implemented according to a certain sequence and time frame issued and uniformly applied by state authorities in various forms of drug rehabilitation to cut off drug addiction, restore health, behavior, personality, learning ability, and labor capacity to enhance social reintegration capabilities and prevent relapse for drug addicts.
Article 3. Age and duration of family-based and community-based drug rehabilitation
1. Family-based and community-based drug rehabilitation is applicable to drug addicts aged twelve years old and above.
2. The duration of family-based and community-based drug rehabilitation ranges from six months to twelve months, calculated from the date of signing the decision on family-based rehabilitation, voluntary rehabilitation, and compulsory community-based rehabilitation.
Article 4. Principles of organizing family-based and community-based drug rehabilitation
1. The State encourages drug addicts to voluntarily rehabilitate; organizes and supports family-based and community-based drug rehabilitation work.
2. Families of drug addicts have the responsibility to participate and cooperate with the People's Committee of the commune in organizing family-based and community-based rehabilitation activities.
Article 5. Drug rehabilitation working group
1. The drug rehabilitation working group (hereinafter referred to as the Working Group) is established and dissolved by the Chairman of the People's Committee of the commune; assists the Chairman of the People's Committee of the commune in organizing drug rehabilitation activities at home and in the community.
2. The Ministry of Labor, War Invalids and Social Affairs provides detailed guidance on the establishment, dissolution, and working regulations of the Working Group.
3. Members of the Working Group include: Deputy Chairman of the People's Committee of the commune, Team Leader. Other members include: labor, war invalids and social affairs officer, police officer, primary healthcare officer; representative of the residential area (ward leader, village head, hamlet head, team leader); representative of the Fatherland Front and its member organizations; person with expertise in healthcare and drug rehabilitation, volunteer participants in drug rehabilitation work.
Based on the number of drug addicts and the actual situation of the locality, the Chairman of the People's Committee of the commune decides the number of Working Group members and designates the Standing Team of the Working Group in accordance with the guidelines of the Ministry of Labor, War Invalids and Social Affairs.
4. The Working Group Leader is responsible for all activities of the group before the Chairman of the People's Committee of the commune. The Leader assigns tasks appropriately based on the functions and responsibilities of the agencies they belong to.
5. Working Group members are entitled to financial support when participating in management, protection, counseling, and assistance for drug rehabilitation.
The Ministry of Finance, in collaboration with the Ministry of Labor, War Invalids and Social Affairs, specifies the level of financial support for Working Group members when participating in management, protection, counseling, and assistance for drug rehabilitation.
6. Tasks of the Working Group:
a) Assist the People's Committee of the commune in receiving declarations and registering for rehabilitation; developing rehabilitation plans; establishing files and organizing drug rehabilitation activities at home and in the community;
b) Coordinate with the residential area where the drug addict resides to assess the addiction status, family circumstances, and background of the drug addict to develop appropriate family-based and community-based rehabilitation plans;
c) Guide drug addicts and their families or guardians to implement rehabilitation plans; monthly review and evaluate the implementation and file the records of drug rehabilitation subjects;
d) Guide families with drug addicts or guardians to monitor, manage, care for, and assist drug rehabilitation subjects to participate in social activities to change behavior, personality, and enhance social reintegration capabilities;
đ) Provide counseling and assistance to drug addicts during rehabilitation; organize activities to restore functional abilities, health, learning, and productive labor.
Article 6. The following acts are strictly prohibited
1. Not declaring one's own drug addiction status.
2. Not registering for detoxification methods when addicted to drugs.
3. Resisting or obstructing the implementation of regulations on drug detoxification at home and in the community.
4. Violating the physical body, health, reputation, and dignity of individuals undergoing detoxification at home and in the community.
5. Exploiting positions or powers to carry out illegal drug detoxification activities.
Article 7. Funding to ensure the organization of detoxification at home and in the community
1. Funding to ensure the organization of detoxification at home and in the community shall be sourced from the following:
a) Local budget;
b) Central budget allocated through the National Target Program on Prevention and Control of Drugs;
c) Contributions from individuals and families of those undergoing drug detoxification;
d) Mobilizing support from organizations and individuals both domestically and internationally, and other lawful sources according to the provisions of the law;
2. State budget support for the following contents related to organizing drug detoxification at home and in the community:
a) For voluntary detoxification at home:
- Providing a one-time subsidy for medication to assist in withdrawal treatment for individuals belonging to poor households, policy beneficiaries under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, social welfare recipients, and persons with disabilities;
- Establishing and reviewing applications for voluntary detoxification registration.
b) For detoxification at the community level:
- Providing a one-time subsidy for medication to assist in withdrawal treatment for individuals belonging to poor households, policy beneficiaries under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, social welfare recipients, and persons with disabilities;
- Investment and renovation costs for facilities and equipment purchase for withdrawal treatment centers;
- Regular operational expenses of withdrawal treatment centers; - Registration and review of detoxification applications.
c) Expenses supporting funding for staff members participating in treatment, management, protection, counseling, and assistance for individuals undergoing detoxification.
Chapter II
SUBJECTS, PROCEDURES FOR VOLUNTARY DRUG DETOXIFICATION AT HOME AND IN THE COMMUNITY
VOLUNTARY DRUG DETOXIFICATION AT HOME AND IN THE COMMUNITY
AND THE PROCEDURE FOR APPLYING COMPULSORY DRUG DETOXIFICATION MEASURES IN THE COMMUNITY
SUBJECTS, PROCEDURES FOR VOLUNTARY DRUG DETOXIFICATION AT HOME AND IN THE COMMUNITY
Section 1
SUBJECTS, PROCEDURES FOR VOLUNTARY DRUG DETOXIFICATION
AT HOME
Article 8. Subjects of voluntary drug detoxification at home
The subjects of detoxification at home are individuals who are addicted to drugs and reside in the community, voluntarily declare their addiction status and register for detoxification at home.
Article 9. Voluntary registration for drug detoxification at home
1. Individuals addicted to drugs or their families, guardians of minor addicts have the responsibility to register for voluntary detoxification at home with the People's Committee of the commune where they reside.
The working group assists the Chairman of the People's Committee of the commune in receiving applications for voluntary detoxification at home.
2. Contents of the registration documents
a) A voluntary detoxification registration form at home of the individual or family, guardian of the drug addict. The content of the form must include: addiction status; drug detoxification methods previously participated in; health condition; commitment to voluntary detoxification at home;
b) A brief resume of the drug addict;
c) An individual detoxification plan of the drug addict.
Article 10. Consideration of applying detoxification at home
1. Within three working days from the date of receipt of the application for voluntary detoxification at home as stipulated in Clause 2 of Article 9 of this Decree, the working group is responsible for examining the application and preparing a document for the Chairman of the People's Committee of the commune to decide on managing voluntary detoxification at home.
2. The decision on managing voluntary detoxification at home must clearly state the date, month, year of issuance; name, position of the issuer; name, date, month, year of birth, place of residence of the detoxification subject; article and clause of the legal document applied, duration of application, date of enforcement of the decision; responsibilities of agencies, organizations, individuals, and families assigned to manage and assist the detoxification subject.
3. The decision on managing voluntary detoxification at home shall be sent to the individual and family of the detoxification subject, the head of the working group, and the head of the community residents' group where the drug addict resides.
Article 11. Voluntary drug rehabilitation organizations at home
The drug addict, together with their family, shall cooperate with the Working Group to develop an individual rehabilitation plan and carry out activities for voluntary drug rehabilitation at home in accordance with Chapter III of this Decree.
Section 2
SUBJECTS, PROCEDURES FOR VOLUNTARY DRUG DETOXIFICATION
DRUGS IN THE COMMUNITY
Article 12. Subjects of voluntary community-based drug rehabilitation
1. The subjects of voluntary community-based drug rehabilitation are drug addicts residing in the community who voluntarily register for rehabilitation but do not have the conditions for detoxification treatment at home.
2. Drug addicts or their families, guardians of underage drug addicts have the responsibility to voluntarily report and register for voluntary community-based drug rehabilitation with the Chairman of the People's Committee of the commune.
Article 13. Registration dossier for voluntary community-based drug rehabilitation
1. The registration dossier for voluntary community-based drug rehabilitation includes:
a) A voluntary registration form for community-based drug rehabilitation from the drug addict themselves or their family, guardian. The form must include the following contents: drug addiction status; forms of drug rehabilitation already participated in; health status; commitment to voluntary community-based drug rehabilitation.
b) A brief resume of the drug addict;
2. The Working Group has the responsibility to assist the Chairman of the People's Committee of the commune in receiving the registration dossier for voluntary community-based drug rehabilitation.
Article 14. Consideration and decision on voluntary community-based drug rehabilitation
1. Within three working days from the date of receipt of the registration dossier for voluntary community-based drug rehabilitation, the Working Group is responsible for reviewing the dossier, compiling a list of voluntary rehabilitation subjects, and preparing a document to submit to the Chairman of the People's Committee of the commune.
2. Within three days from the date of receipt of the Working Group's proposal, the Chairman of the People's Committee of the commune decides on voluntary community-based drug rehabilitation.
3. The decision on voluntary community-based drug rehabilitation must clearly state the date, month, and year of the decision; the name and position of the decision maker; the name, date of birth, place of residence of the person undergoing rehabilitation; the article and clause of the applicable legal document, the duration of application, the implementation date of the decision; the responsibilities of agencies, organizations, individuals, and families assigned to manage and support the person undergoing rehabilitation.
Article 15. Organization of voluntary community-based drug rehabilitation
The Chairman of the People's Committee of the commune directs the Working Group to develop a plan and organize the implementation of rehabilitation activities for voluntary community-based drug rehabilitation according to the provisions of Chapter III of this Decree.
Section 3
SUBJECTS AND PROCEDURES FOR APPLYING COMPULSORY DRUG REHABILITATION MEASURES
AT THE COMMUNITY LEVEL
Article 16. Subjects subject to compulsory community-based drug rehabilitation measures
1. The subjects subject to compulsory community-based drug rehabilitation measures are drug addicts residing in the community but who do not voluntarily report or register for rehabilitation at home or in the community.
2. Compulsory community-based drug rehabilitation measures shall not be applied in the following cases:
a) Drug addicts currently being subjected to administrative education measures in communes, wards, towns under the Administrative Violations Handling Ordinance;
b) Drug addicts who are required to be admitted to medical facilities, educational institutions, or correctional facilities under the Administrative Violations Handling Ordinance;
c) Drug addicts currently being subjected to post-rehabilitation management measures at their place of residence or at Post-Rehabilitation Management Centers under the Anti-Drug Law.
Article 17. Establishing the file for proposing compulsory community drug rehabilitation measures
1. The Head of the Commune Police or equivalent shall take the lead in establishing the file for proposing compulsory community drug rehabilitation measures to be sent to the Working Group.
2. Documents include:
a) A brief resume of the drug addict;
b) Minutes or other documents confirming the state of drug addiction;
c) A document from the Head of the Commune Police or equivalent proposing the application of compulsory community drug rehabilitation measures.
Article 18. Responsibilities and time limit for reviewing the file
1. Within three working days from the date of receipt of the file and the document proposing compulsory community drug rehabilitation measures from the Head of the Commune Police or equivalent, the Working Group shall be responsible for preparing to organize a review meeting and examine the file.
2. The review meeting to examine the file proposing compulsory community drug rehabilitation measures must have at least the following participants: labor, social affairs officer, Head of the Police, health officer, representative of the People's Committee at the commune level, and village head (or ward leader) where the drug addict resides.
3. The Working Group shall consider and vote on each specific case according to the majority principle. In cases where the number of opinions is equal, it must be clearly recorded in the minutes of the meeting to be submitted to the Chairman of the People's Committee for decision. The minutes of the Working Group's review meeting must clearly record the statements of the participating members.
4. The Head of the Working Group shall prepare a document proposing compulsory community drug rehabilitation measures to be sent to the Chairman of the Commune People's Committee along with the minutes of the review meeting.
Article 19. Decision on applying compulsory community drug rehabilitation measures
1. Within three working days from the date of receipt of the proposal document from the Working Group, the Chairman of the Commune People's Committee shall decide on the application of compulsory community drug rehabilitation measures.
2. The decision on applying compulsory community drug rehabilitation measures must clearly state the date, month, year of the decision; name, position of the person making the decision; name, date, month, year of birth, place of residence of the person undergoing rehabilitation; article and clause of the applicable legal document, duration of application, date of implementation of the decision; responsibilities of the agencies, organizations, families entrusted with management and assistance; right to appeal against the decision on applying compulsory community drug rehabilitation measures in accordance with the law.
3. The decision on applying compulsory community drug rehabilitation measures takes effect from the date of signature. If the person subject to the decision does not comply voluntarily, they will be compelled to implement it. The community rehabilitation decision shall be sent to the individual and family, guardian of the person undergoing rehabilitation, Head of the Working Group, and Ward Head where the drug addict resides for management and assistance.
Article 20. Suspension or Exemption from Compliance with the Compulsory Community Drug Rehabilitation Decision
1. Cases eligible for suspension of compliance with the compulsory community drug rehabilitation decision:
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 women nursing children under thirty-six months old.
The Chairman of the Commune People's Committee shall base their decision on the medical facility's determination regarding treatment duration and child-rearing period to determine the suspension period. When the suspension period specified in the Chairman of the Commune People's Committee's decision expires, the individuals mentioned above must continue to comply with the decision. If they do not comply voluntarily, they will be compelled to implement it according to the Administrative Violation Handling Ordinance.
2. Cases eligible for exemption from compliance with the decision:
a) Suffering from a serious illness with certification from a medical facility at the district level or higher;
b) During the suspension period, if the person voluntarily undergoes rehabilitation and stops using drugs, they must provide a certificate confirming completion of voluntary rehabilitation.
3. Procedures for suspending or exempting from compliance with the decision:
a) The person subject to the compulsory community drug rehabilitation decision must submit a request for suspension or exemption (along with supporting documents proving eligibility for suspension or exemption and voluntary rehabilitation) to the Head of the Working Group;
b) Within two working days from the date of receipt of the request, the Head of the Working Group shall examine and review and submit to the Chairman of the Commune People's Committee;
c) Within three working days from the date of receipt of the document from the Head of the Working Group, the Chairman of the Commune People's Committee must examine and decide on the suspension or exemption from compliance with the decision.
Article 21. Compulsory Drug Rehabilitation Programs in the Community
The Chairman of the People's Committee at the commune level shall direct the Working Group to develop plans and organize activities for drug rehabilitation for individuals who are required to undergo compulsory drug rehabilitation in the community as stipulated in Chapter III of this Decree.
Chapter III
ORGANIZING DRUG REHABILITATION AT HOME AND IN THE COMMUNITY
Article 22. Health Examination and Classification of Drug Addicts
1. Health facilities at the commune level and treating doctors (for voluntary drug rehabilitation at home) shall be responsible for organizing initial health examinations, creating medical records (according to the Model issued by the Ministry of Health) for drug rehabilitants; testing for drug substances and other tests necessary for detoxification treatment.
2. Based on medical records and test results, treatment staff shall classify drug rehabilitants according to the type of drugs used and their health status to develop appropriate treatment and rehabilitation plans for each individual.
Article 23. Detoxification Treatment
1. The Chairman of the People's Committee at the commune level shall decide to utilize existing facilities in the locality to organize detoxification treatment for drug addicts in the community.
For communes with few drug users where it is not necessary or feasible to establish a separate detoxification facility, they should collaborate with other communes or combine with Social Education and Labor Centers, other permitted detoxification facilities in the area to organize detoxification treatment for drug addicts.
In cases where there are no facilities to establish a detoxification center, the Chairman of the People's Committee at the commune level shall request the Chairman of the People's Committee at the district level to decide on building a detoxification center suitable for local needs and capabilities.
2. Detoxification centers must implement measures to prevent the spread of HIV/AIDS and other dangerous infectious diseases in accordance with the law.
3. Detoxification and withdrawal treatment for drug addicts at home and in the community must be conducted by physicians trained and instructed in drug detoxification support treatment and granted certificates by the provincial Department of Health; applying the correct herbal remedies and detoxification treatment protocols issued by the Ministry of Health.
4. The Ministry of Health shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to specify the conditions and standards for detoxification centers; guiding the implementation of preventive measures against the spread of HIV/AIDS and other dangerous infectious diseases in detoxification centers.
Article 24. Management and Supervision of Drug Rehabilitants at Home and in the Community
1. After completing the detoxification phase, drug addicts shall have their behavior and psychological changes recorded and returned to family management.
2. The Working Group shall assign staff to assist drug addicts in implementing rehabilitation plans; coordinating with families and social organizations where the drug addict resides to manage, supervise, and support the drug addict.
3. Assigned Working Group staff must have plans and methods to manage, educate, and counsel drug addicts throughout the rehabilitation period, ensuring that drug addicts comply fully with the rehabilitation process; reporting monthly to the Working Group Leader on the implementation of the rehabilitation plan for the drug addict.
Article 25. Education, rehabilitation of behavior and personality
1. During the drug rehabilitation period, the Working Group shall be responsible for:
a) Organizing group psychological therapy sessions and group psychological therapy; organizing legal education, moral education, conduct, healthy lifestyles, confidence-building to comprehensively restore the personality, health, and psychology of the drug rehabilitation participant;
b) Organizing counseling activities to help drug users modify their behavior and personality; gradually give up drugs; prevent and combat relapse; help them correctly orient themselves for the future;
c) Organizing therapeutic labor activities for drug rehabilitation participants to help them understand the value of work; organizing sports and recreational activities.
2. Educational activities, behavioral rehabilitation, and therapeutic labor must be alternately implemented throughout the drug rehabilitation period.
Article 26. Vocational training and job creation for drug rehabilitation participants
1. The Chairman of the People's Committee at the commune level shall be responsible for coordinating with local vocational training institutions to organize skill transmission, vocational training, and job creation for drug rehabilitation participants.
2. Enterprises and production and business establishments within the commune area, based on their conditions and capabilities, shall be responsible for accepting drug rehabilitation participants to organize skill transmission, vocational training, and job creation.
Article 27. Evaluation of drug rehabilitation results at home and in the community
1. During the drug rehabilitation period as decided, the Working Group shall organize random or periodic drug testing; coordinate with the Head of the Community Ward and family members, guardians to evaluate the implementation of the drug rehabilitation plan.
Based on the test results, the process of monitoring and supervising the implementation of the individual drug rehabilitation plan, the Chairman of the People's Committee at the commune level shall issue a "Certificate of Completion of Drug Rehabilitation Period at Home and in the Community."
2. The Ministry of Labor, Invalids and Social Affairs shall take the lead, in coordination with the Ministry of Health and the Ministry of Public Security, to guide the evaluation of drug rehabilitation results and issuance of the Certificate of Completion of Drug Rehabilitation Period at Home and in the Community.
Article 28. Responsibilities of drug users and families of drug users
1. Drug users shall be responsible for:
a) Strictly complying with state laws, actively participating in labor and study, fully performing civic duties, and abiding by village, hamlet, ward, and community unit regulations where they reside;
b) Strictly implementing professional regulations and personal drug rehabilitation plans;
c) Monthly reporting to the directly assigned helper about treatment, rehabilitation progress, results, and improvements;
d) Being present when requested by the People's Committee at the commune level; if absent without a valid reason, the People's Committee at the commune level shall summon them to the committee office to explain their violation;
e) Paying drug rehabilitation costs as prescribed.
2. Families of drug users shall be responsible for:
a) Caring for, managing, monitoring, preventing, and stopping drug users from using drugs illegally or engaging in behaviors that disrupt social order and safety;
b) Cooperating with the Working Group and assigned staff to support and assist drug users in implementing the rehabilitation plan, overcoming stigma, committing to rehabilitation, and reintegrating into society.
Article 29. Support regime for individuals undergoing drug rehabilitation at home and in the community
1. For voluntary drug rehabilitation: provide a one-time financial support for drug withdrawal medication to individuals belonging to poor households, policy families under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, social welfare beneficiaries, and persons with disabilities.
2. For mandatory drug rehabilitation: provide financial support for drug withdrawal medication and food during concentrated rehabilitation periods to individuals belonging to poor households, policy families under the Preferential Treatment Ordinance for Persons Contributing to the Revolution, minors, social welfare beneficiaries, and persons with disabilities.
Article 30. Provisions on travel and change of place of residence for individuals undergoing drug rehabilitation at home and in the community
1. During the period of rehabilitation at home or in the community, if their health condition has recovered, individuals undergoing rehabilitation may be absent from their place of residence for legitimate reasons, except during the drug withdrawal phase. Each absence shall not exceed thirty days, and the total absence time shall not exceed half of the total rehabilitation period as decided by the Chairman of the People's Committee of the commune and must comply with the following provisions:
a) In cases where the individual is absent from their place of residence for up to twenty days, they must report to the Head of the Police Station of the commune.
b) In cases where the individual is absent from their place of residence for more than twenty days, they must submit a written application detailing the reason, duration, and destination, accompanied by the opinion of the Team Leader of the Working Group and obtain approval from the Chairman of the People's Committee of the commune where they reside. The Chairman of the People's Committee of the commune where the individual resides must send a document to the Chairman of the People's Committee of the commune where they will stay temporarily for coordination in monitoring, managing, and supporting the individual.
c) Individuals undergoing rehabilitation have the responsibility to report to the Head of the Police Station or the Chairman of the People's Committee of the commune where they will stay temporarily. Upon completion of the temporary stay period, they must have confirmation from the Head of the Police Station or the Chairman of the People's Committee regarding the duration of the stay and compliance with laws at the temporary residence location.
2. The time individuals undergoing rehabilitation are absent from their place of residence counts towards the execution period of the decision if they do not violate local laws at the temporary residence location; if there is a violation or absence without reporting or without the consent of the Head of the Police Station or the Chairman of the People's Committee of the commune where they reside, then the absence time does not count towards the execution period of the decision.
3. In cases where legitimate reasons such as changing the registered permanent residence address, attending school, having stable employment, or other legitimate reasons require temporary residence in another locality, individuals undergoing rehabilitation must submit a request with the opinion of the Team Leader of the Working Group to the Chairman of the People's Committee of the commune where they reside for consideration and resolution:
a) In cases where individuals undergoing rehabilitation change their registered permanent residence address, the Chairman of the People's Committee makes a written request and sends the entire file of the individual undergoing rehabilitation to the Chairman of the People's Committee of the commune where they will reside for continued management and education.
b) In cases where individuals undergoing rehabilitation attend school, have stable employment, or other legitimate reasons requiring temporary residence in another locality, the Chairman of the People's Committee makes a written request to the Chairman of the People's Committee of the commune where they will stay temporarily or the organization where they work for continued management and assistance.
Chapter IV
RESPONSIBILITIES OF STATE MANAGEMENT ORGANIZATIONS IN
THE ORGANIZATION OF DRUG REHABILITATION AT HOME AND IN THE COMMUNITY
Article 31. The Ministry of Labor, Invalids and Social Affairs shall be responsible for:
1. Implementing state management over drug rehabilitation work at home and in the community.
2. Organizing training and capacity building for staff involved in drug rehabilitation at home and in the community.
3. Regularly inspecting, auditing, reporting, and statistically analyzing the implementation of drug rehabilitation organization work at home and in the community according to the drug prevention and control reporting and statistical system.
4. Issuing uniformly the model individual rehabilitation plan, voluntary rehabilitation registration form, brief curriculum vitae, decision on voluntary rehabilitation management at home, decision on voluntary rehabilitation in the community, and decision on compulsory rehabilitation measures in the community as prescribed in Chapter II of this Decree.
Article 32. The Ministry of Health shall be responsible for:
1. Directing and guiding health facilities at the commune level to test for drug substances, establish medical records and case files for drug users, identify drug users, treatment regimens, and detoxification for individuals undergoing drug rehabilitation at home and in the community.
2. Directing health agencies at the district level to organize training and provide technical support to staff for the organization of detoxification and emergency care for individuals undergoing drug rehabilitation at home and in the community.
Article 33. The Ministry of Public Security shall be responsible for:
1. Guiding and directing public security agencies at the commune, ward, and town levels to cooperate with health, labor, invalids, social affairs officials, and political-social organizations at the same level to assist the People's Committee at the commune level in collecting materials, verifying, establishing files for drug users to organize rehabilitation; ensuring public security during the implementation of rehabilitation activities at home and in the community.
2. Cooperating with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, and the Ministry of Finance in inspecting, auditing, and statistically analyzing rehabilitation activities at home and in the community.
Article 34. The Ministry of Finance shall be responsible for:
Taking the lead and coordinating with the Ministry of Labor, Invalids and Social Affairs to guide the content and amount of expenditure for organizing drug rehabilitation at home and in the community; the contribution and reduction, support for detoxification drugs for people from poor households, minors, and policy families according to the provisions of the law.
Article 35. Provincial People's Committees shall be responsible for:
1. Directing and guiding the organization of surveys, statistics, classification of drug users, developing plans and allocating funds for drug rehabilitation work at home and in the community in their locality; organizing training, capacity building, and standardization of staff involved in drug rehabilitation at home and in the community.
2. Directing and implementing the rehabilitation plan at home and in the community in their locality; coordinating with the Vietnam Fatherland Front and its member organizations to assign specific responsibilities in organizing rehabilitation activities; monitoring, encouraging, and supporting drug users to rehabilitate at home and in the community.
3. Directing and guiding the People's Committees at the district and commune levels to develop plans and create conditions for those who have completed rehabilitation to find employment and reintegrate into the community; preventing and combating relapse into drug use.
4. Inspecting and auditing the organization of rehabilitation at home and in the community in their locality. Implementing the reporting and statistical system for drug rehabilitation work.
Article 36. The People's Committee at the district level shall be responsible for
1. Developing plans and allocating funds for drug rehabilitation work within families and communities in their locality; organizing training and professional development for staff involved in drug rehabilitation work.
2. Guiding and directing the People's Committee at the commune level to develop plans for organizing rehabilitation; based on the situation and number of drug users in the locality, directing detoxification treatment in clusters of communes with fewer drug users; creating conditions for the People's Committee at the commune level to organize activities supporting reintegration into the community; preventing and combating relapse into drug use.
3. Inspecting and auditing the organization of family and community-based drug rehabilitation work in the locality. Implementing reporting and statistical systems regarding drug rehabilitation work.
Article 37. The People's Committee at the commune level shall be responsible for
1. Developing plans, allocating funds, and implementing various activities for drug rehabilitation within families and communities.
2. Directing the Working Group to carry out advisory, support, management, and educational activities for voluntary drug rehabilitation within families and communities; establishing clubs and organizing cultural, artistic, physical education, and other social activities aimed at helping drug rehabilitation participants recover their health, character, and integrate into the community.
3. Creating conditions for those who have completed rehabilitation to learn trades, find employment, obtain loans, engage in production and business, and access healthcare and social services, as well as prevention and combat against relapse into drug use; mobilizing organizations and individuals to assist and support those who have completed drug rehabilitation to reintegrate into the community.
4. Inspecting and auditing the organization of rehabilitation at home and in the community in their locality. Implementing the reporting and statistical system for drug rehabilitation work.
Chapter V
IMPLEMENTING PROVISIONS
Article 38. Effective Date
This Decree takes effect from November 1, 2010.
This Decree replaces Government Decree No. 56/2002/NĐ-CP dated May 15, 2002, concerning the organization of drug rehabilitation within families and communities.
Article 39. Responsibility for 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./.
PRIME MINISTER
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