Decree No. 94/2011/ND-CP Amending and supplementing some articles of Decree No. 147/2003/ND-CP dated December 2, 2003 of the Government on conditions, procedures for issuing licenses and management of voluntary drug rehabilitation facilities

DECREE

Amending and supplementing some articles of Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on conditions, procedures for issuing licenses and management of voluntary drug rehabilitation facilities regarding the conditions, procedures for issuing permits and managing the operations of voluntary drug rehabilitation facilities

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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 Some Articles of the Law on Prevention and Control of Drugs dated June 3, 2008;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on Medical Examination and Treatment dated November 23, 2009;

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

DECREE

Article 1. Amending and supplementing some articles of Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on conditions, procedures for issuing licenses and management of voluntary drug rehabilitation facilities (hereinafter referred to as Decree No. 147/2003/NĐ-CP), as follows:

3. Article 8 shall be amended as follows:

"Article 3. Scope of license for voluntary drug rehabilitation activities

The license for voluntary drug rehabilitation activities shall be issued to a facility operating within one of the following scopes:

1. Detoxification and health recovery treatment;

2. Education, behavior and personality rehabilitation; therapeutic labor, vocational guidance, skill training, community reintegration preparation; prevention of relapse;

3. Implementing the entire detoxification and rehabilitation process according to the contents stipulated in Clause 1 and Clause 2 of this Article".

2. Clause 4 shall be amended and supplemented as follows:

"Article 4. Prohibited acts for voluntary drug rehabilitation facilities

1. Violating the life, health, honor, dignity, property of drug users; discriminating against drug users.

2. Organizing voluntary drug rehabilitation without being granted a license by the Ministry of Labor, Invalids and Social Affairs.

3. Lending, renting, transferring or using the license for voluntary drug rehabilitation for other purposes.

4. Applying treatment methods or using drugs for supportive detoxification without permission from the Ministry of Health.

5. Conducting drug rehabilitation beyond the scope specified in the license for voluntary drug rehabilitation.

6. Advertising inaccurately or beyond the scope specified in the license for voluntary drug rehabilitation.

7. Using land of the rehabilitation facility for purposes other than intended.

8. Other prohibited acts as prescribed by law".

3. Clause 2 of Article 5 shall be amended and supplemented as follows:

"Article 5. Conditions for conducting detoxification and health recovery treatment

2. Regarding personnel:

a) The head of the rehabilitation facility must have a college degree or higher and have been trained in drug rehabilitation work;

b) The person in charge of professional matters at the rehabilitation facility must be a doctor with a certificate to practice in the field of psychiatry or in the field of supportive detoxification treatment, having practiced for at least thirty-six months, including at least twelve months directly involved in drug rehabilitation work;

c) There must be a team of management staff, medical personnel, psychological counselors, each with a diploma or higher and appropriate certificates. Security guards must have undergone security training;

d) Staff working at voluntary rehabilitation facilities must have clear records and not belong to groups barred from practicing.

4. Article 7 shall be amended and supplemented as follows:

"Article 7. Conditions for facilities implementing education, behavior and personality rehabilitation; therapeutic labor, vocational guidance, skill training, community reintegration preparation; prevention of relapse.

1. Regarding physical facilities:

a) There must be areas for reception, care, health monitoring, and post-detoxification health recovery; separate zones for managing juvenile, female, infectious disease, and dangerous disease drug users;

b) There must be measures and equipment ensuring security and safety for staff and drug users;

c) There must be places for study, entertainment, sports, health exercises, cultural and artistic activities according to the educational and behavioral rehabilitation program for drug users;

d) There must be a stable electrical system, water supply, fire protection equipment, wastewater and waste disposal systems;

đ) There must be sufficient space and workshops to open vocational classes and organize therapeutic labor suitable for drug users;

e) The Ministry of Labor, Invalids and Social Affairs shall take the lead in coordinating with relevant ministries and sectors to issue guidelines on material conditions as stipulated in this Article.

2. Regarding personnel:

a) The head of the rehabilitation facility or the person responsible for rehabilitation must have a college degree or higher; have worked in rehabilitation for at least twelve months and have been trained in drug rehabilitation work;

b) There must be a team of management staff, medical personnel, psychological counselors, vocational teachers, technical staff, each with a diploma or higher and appropriate certificates. Security guards must have undergone security training;

c) Staff working at voluntary rehabilitation facilities must have clear records and not belong to groups barred from practicing".

5. Article 8 is amended as follows:

"Article 8. Conditions for voluntary drug rehabilitation facilities to implement the entire detoxification process

1. Regarding infrastructure: The facility implementing the entire detoxification recovery process must meet the conditions stipulated in point a, Clause 1, Article 5 of Decree No. 147/2003/NĐ-CP and Clause 4, Article 1 of this Decree.

2. Regarding personnel:

a) The head and the person responsible for specialized matters at the voluntary drug rehabilitation facility must meet the conditions stipulated in Clause 3, Article 1 of this Decree;

b) Other personnel conditions as stipulated in Clause 4, Article 1 of this Decree".

6. Article 10 shall be amended as follows:

"Article 10. Documents for applying for permission to operate voluntary drug rehabilitation

1. Application for permission to operate voluntary drug rehabilitation.

2. Certified copy of the permit for medical examination and treatment issued by the competent authority in accordance with the Law on Medical Examination and Treatment for the facility applying for permission under Clause 1 and Clause 3, Article 3 amended and supplemented by this Decree.

3. Decision on establishment by the competent state authority for voluntary drug rehabilitation facilities established by the State or business registration certificate or investment permit in accordance with the law for facilities applying for permission under Clause 2, Article 3 amended and supplemented by this Decree.

4. Documentation proving compliance with the conditions stipulated in:

a) Clause 1, Article 5 of Decree No. 147/2003/NĐ-CP and Clause 3, Article 1 of this Decree for applications for permits for facilities operating detoxification and health recovery;

b) Clause 4, Article 1 of this Decree for applications for permits for facilities operating education, behavior and personality recovery; therapeutic labor, vocational training, community reintegration preparation; prevention of relapse;

c) Clause 5, Article 1 of this Decree for applications for permits for facilities implementing the entire detoxification recovery process".

7. Article 11 is amended as follows:

"Article 11. Procedure for receiving application documents for permission to operate voluntary drug rehabilitation Voluntary drug rehabilitation facilities submit application documents for permission to the Department of Labor, Invalids and Social Affairs of the province or centrally administered city where the facility's headquarters is located.

8. Article 13 shall be amended as follows:

"Article 13. Method of applying for permission to operate voluntary drug rehabilitation

1. Timeframe and responsibility for handling procedures:

a) The Department of Labor, Invalids and Social Affairs shall be responsible for receiving application documents within twenty working days for new applications; fifteen working days for renewal applications from the date of receipt of complete documents according to regulations, and shall organize the review and consolidate the results to send to the Ministry of Labor, Invalids and Social Affairs for consideration of granting permission to operate voluntary drug rehabilitation facilities. In cases where the conditions for granting permission are not met, the Director of the Department of Labor, Invalids and Social Affairs must respond in writing and specify the reasons;

b) Within twenty working days for new applications; fifteen working days for renewal applications from the date of receipt of documents, the Ministry of Labor, Invalids and Social Affairs shall be responsible for considering and granting/renewing permission to operate voluntary drug rehabilitation facilities. If the application documents do not meet the conditions for granting permission, they must respond in writing and specify the reasons;

c) The Minister of Labor, Invalids and Social Affairs shall prescribe the format of the permission to operate voluntary drug rehabilitation and guidelines for the procedure of reviewing and granting permission to operate voluntary drug rehabilitation.

2. Validity period of the permission

The permission to operate voluntary drug rehabilitation granted has a validity period of ten years from the date of issuance".

9. Article 14 is amended and supplemented as follows:

"Article 14. Renewal of permission to operate voluntary drug rehabilitation

1. Documents for applying for renewal of permission to operate voluntary drug rehabilitation include:

a) Application for renewal of permission to operate voluntary drug rehabilitation;

b) Permission to operate voluntary drug rehabilitation, certified copy of the permit for medical examination and treatment of the facility applying for renewal;

c) Detailed report on the organization and operation of the voluntary drug rehabilitation facility applying for renewal over the last five consecutive years.

2. Procedure for renewing permission to operate voluntary drug rehabilitation shall be carried out in accordance with Article 12 of Decree No. 147/2003/NĐ-CP and Clauses 7 and 8, Article 1 of this Decree".

10. Article 15 is amended as follows:

"Article 15. Change in scope of voluntary drug rehabilitation activities and revocation of permission to operate voluntary drug rehabilitation

1. Change in scope of voluntary drug rehabilitation activities:

a) Documents for changing the scope of voluntary drug rehabilitation activities include:

- Application for change in scope of voluntary drug rehabilitation activities;

- Certified copy of the permit for medical examination and treatment corresponding to the changed scope of voluntary drug rehabilitation activities;

- Detailed report on the organization and operation of the voluntary drug rehabilitation facility since the last time it was granted or renewed permission, including the plan for operations after the change in scope and the plan for resolving rights and obligations of related parties.

b) Procedure for changing the scope of voluntary drug rehabilitation activities The procedure for changing the scope of voluntary drug rehabilitation activities shall be carried out in accordance with Article 12 of Decree No. 147/2003/NĐ-CP and Clauses 7 and 8, Article 1 of this Decree.

2. Revocation of permission to operate voluntary drug rehabilitation:

a) The permission to operate voluntary drug rehabilitation will be revoked in the following cases:

- Violation of Clause 2, Article 1 of this Decree;

- Alteration or tampering with the content of the permission to operate voluntary drug rehabilitation;

- Failure to commence operations or cessation of operations for six consecutive months without justifiable cause, six months after being granted permission to operate voluntary drug rehabilitation; dissolution or serious violation of obligations under the law;

- The facility is subject to administrative penalties related to drug rehabilitation activities three times or more during the validity period of the permission to operate voluntary drug rehabilitation.

b) In cases of violations stipulated in point a, Clause 2 of this Article, the Minister of Labor, Invalids and Social Affairs shall issue a decision to revoke the permission to operate voluntary drug rehabilitation".

11. Clause 1 of Article 16 is amended and supplemented as follows:

"Article 16. Rights and responsibilities of drug rehabilitation facilities

1. Drug rehabilitation facilities have the following rights:

a) To collect service fees for drug rehabilitation according to contracts;

b) To be prioritized in land allocation and leasing for the construction of voluntary drug rehabilitation facilities. For voluntary drug rehabilitation facilities that operate without charging service fees for drug rehabilitation, land use fees and land rental fees may be exempted or reduced in accordance with the provisions of the law;

c) To be prioritized in renting houses and infrastructure to organize voluntary drug rehabilitation facilities;

d) To be considered for tax exemption, tax reduction, and preferential interest rate loans for operations in accordance with the provisions of the law;

đ) To accept financial support from domestic and foreign organizations and individuals in accordance with the provisions of the law".

12. Clause 1 of Article 22 shall be amended as follows:

"Article 22. Voluntary drug rehabilitation service contract

1. Based on the wishes of the drug addict or their family or guardian, the head of the drug rehabilitation facility signs a voluntary drug rehabilitation service contract within the scope permitted in the voluntary drug rehabilitation activity license of the voluntary drug rehabilitation facility.

The minimum treatment period for detoxification and health recovery is twenty days; the education and behavioral, character restoration period, therapeutic labor, vocational guidance counseling, skill training, and preparation for community reintegration, prevention of relapse, or the entire drug rehabilitation and restoration process must last at least six months, starting from the date the voluntary drug rehabilitation service contract is implemented".

Article 2. Abolish Article 6 and Article 9 of Decree No. 147/2003/NĐ-CP dated December 2, 2003 of the Government on conditions, procedures for issuing licenses, and management of voluntary drug rehabilitation facility activities.

Article 3. Implementation Provisions

1. This Decree takes effect from December 2, 2011.

2. Facilities licensed before this Decree takes effect must complete supplementary requirements in accordance with this Decree within one year from its effective date.

3. Responsibilities for implementation guidance

The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Health and relevant ministries and sectors to guide the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.