GOVERNMENT
---------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
------------
|
No.
20-CP
|
Hanoi
,April 13 ,1996
|
DECREE
PROMULGATING THE REGULATION ON MEDICAL ESTABLISHMENTS AS PRESCRIBED
BY THE ORDINANCE ON THE HANDLING OF VIOLATIONS OF ADMINISTRATIVE REGULATIONS
ISSUED ON JULY 6, 1995
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Violations of Administrative
Regulations issued on July 6, 1995;
At the proposals of the Minister of Labor, War Invalids and Social Affairs, the
Minister of Health and the Minister of the Interior,
DECREES:
Article 1.- To issue
together with this Decree the Regulation on Medical Establishments for the drug
addicts, and prostitutes subjected to administrative sanctions.
Article 2.- The Minister
of Labor, War Invalids and Social Affairs, the Minister of Health, the Minister
of the Interior and the Minister of Finance shall have to guide and inspect the
implementation of the Regulation issued together with this Decree.
Article 3.- This Decree
takes effect on the date of its promulgation. The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People's Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree. The regulations issued earlier by the Government which are contrary to
this Regulation are now annulled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR THE
GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
REGULATION
ON THE MEDICAL ESTABLISHMENTS AS PRESCRIBED BY THE ORDINANCE
ON THE HANDLING OF VIOLATIONS OF ADMINISTRATIVE REGULATIONS ISSUED ON JULY 6,
1995
(issued together with Decree No.20-CP of April 13, 1996 of the Government)
Chapter I
GENERAL PROVISIONS
Article 1.- A Medical
Establishment defined in this Regulation is the place to give medical
treatment, to provide education, labor, job and vocational training for the
drug addicts and prostitutes defined in the Ordinance on the Handling of
Violations of Administrative Regulations issued on July 6, 1995.
Article 2.- Admission
to a Medical Establishment is an administrative measure which can be taken only
by decision of the President of the People's Committee of the province or city
directly under the Central Government. The persons who are admitted to the
Medical Establishment shall be given medical treatment, provided with
education, ,job and vocational training under the management of the Medical
Establishment for three months to one year.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Drug addicts: These have been re-educated at
the commune, ward or township but cannot yet get rid of addiction; or have been
admitted to a Medical Establishment for detoxification but have relapsed into
addiction; or who have so heavily been addicted that they are no longer able to
be detoxicated at home or in the community .
b/ Prostitutes: They have been re-educated in
the commune, ward or township but have not mended their way, or have been
admitted to a Medical Establishment but have relapsed or have become regular
prostitutes.
Shall not be admitted to a Medical Establishment
adolescents under 18 years old or women more than 55 years old and men more
than 60 years old.
Article 4.- The
enforcement of the measure to take a person into a Medical Establishment must
be done in accordance with the competence, procedure and order prescribed at
the Ordinance on the Handling of Violations of Administrative Regulationsand
this Regulation.
All acts of infringement on the body, health,
honor and dignity of the persons taken into a Medical Establishment are
strictly prohibited.
Article 5.- A Medical
Establishment is a non-business unit having its legal person status and is
allocated non-business expenditures. The financial sources to ensure the
operation of such an establishment comprise the following:
- Allocations from the State budget;
- Additional budget supplied by the locality;
- Part of the income from the activities in
productive labor of the inmates;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Contributions from individuals, economic units
and social organizations in the country, and foreign individuals and
organizations.
Chapter II
PROCEDURES FOR ADMISSION
OF A PERSON TO A MEDICAL ESTABLISHMENT
Article 6.- The
compilation of the dossier, the examination, approval and decision to admit a
drug addict or prostitute to a Medical Establishment must be done in strict
conformity with the order, procedure and competence prescribed at Articles 74,
75 and 76 of the Ordinance on the Handling of Violations of Administrative
Regulations.
The Labor, War Invalids and Social Affairs
Service shall cooperate with the Police and the Medical Service to help the
People's Committee of the same level in the collection of documents to compile
the dossier of the person to be admitted to the Medical Establishment.
Article 7.-
1. The dossier of the
person to be admitted to the Medical Establishment and to be sent to the
President of the People's Committee at the provincial level shall comprise:
- A curriculum vitae;
- Documents on earlier violations of law;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The re-education measures already applied;
- Other documents related to the history of the
concerned person (if any).
2. Within five days after receiving the dossier,
the President of the People's Committee of the provincial level shall transfer
it to the Consulting Council. Within 25 days after receiving the dossier, the
Standing Member of the Consulting Council shall convene a meeting. This meeting
shall be attended also by the representative of the People's Procuracy of the
same level. The Council shall examine and vote in each specific case and submit
their opinions to the President of the People's Committee of the province or city
directly under the Central Government for decision.
The minutes of the meeting must record the
opinions of the members of the Consulting Council and the representative of the
People's Procuracy.
3. The Standing Member of the Consulting Council
shall have to compile a document (to be attached to the minutes of the meeting
of the Consulting Council) and submit it to the President of the People's
Committee of the province or city directly under the Central Government for
decision whether or not to admit the concerned person to the Medical
Establishment.
Article 8.-
1. The Consulting Council
is an agency to help the President of the People's Committee of the provincial
level in the examination and approval of the dossier proposing the admission of
the concerned person to the Medical Establishment. The Consulting Council shall
be founded by decision of the President of the People's Committee of the
province or city directly under the Central Government.
2. The Consulting Council is composed of
representatives of the leadership of the Labor, War Invalids and Social Affairs
Service, the Police, the Judiciary Agency, the Women's Union at the provincial
level. The representative of the leadership of the Labor, War Invalids and
Social Affairs Service is Standing Member of the Consulting Council. The
Standing Member of the Consulting Council shall have to prepare, organize and
preside over the meeting.
3. The Consulting Council adopts the method of
collective work . The members of the Council work on a part-time basis and
receive allowances according to prescriptions of law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 9.- Within 10
days after receiving the written proposal of the Consulting Council, the
President of the People's Committee at the provincial level shall decide to
admit the concerned person to the Medical Establishment.
Article 10.- Upon
receiving the decision to admit the concerned person to the Medical Establishment,
the President of the People's Committee at the district level shall direct the
Labor, War Invalids and Social Affairs Service and the Police of the same level
and the People's Committee at the communal level to work out a plan for the
management and supervision of the person named in the decision of admission to
the Medical Establishment. At the same time he/she shall have to collaborate
with the Police at the provincial level in the implementation of the decision.
Article 11.- The person
to be admitted to the Medical Establishment or his/her lawful representative
may appeal against the decision as provided for in Article 89 of the Ordinance
on the Handling of Violations of Administrative Regulations.
Article 12.-
1. The dossier of the
person to be admitted to the Medical Establishment shall comprise:
- The main points of his/her personal history;
- The decision of the President of the People's
Committee at the provincial level to take the concerned person to the Medical
Establishment.
2. The dossier of the person to be admitted to
the Medical Establishment shall be done in two copies, one to be kept by the
Standing Member of the Consulting Council, and the other by the Medical
Establishment. The dossier must be closely managed according to the regime of
management of State dossiers, documents and official dispatches.
3. The reception of a person admitted to the
Medical Establishment must be recorded in writing. The Medical Establishment
must check the dossier and identity card of the person admitted to the
establishment while filling the procedures for reception.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter III
ORGANIZATION OF THE
MEDICAL ESTABLISHMENT
Article 14.- A Medical
Establishment for drug addicts and prostitutes shall be set up either in a
province or a city directly under the Central Government. It shall be placed
under the direct management of the Labor, War Invalids and Social Affairs
Service. Each province or city shall have one such Medical Establishment.
After receiving a written consent of the
Ministry of Labor, War Invalids and Social Affairs, the People's Committee at
the provincial level shall decide the setting up or dissolution of the Medical
Establishment in their locality.
In key provinces or cities with a large number
of drug addicts and prostitutes, a Medical Establishment may be set up
exclusively for the drug addicts and another for the prostitutes.
In the localities with a small number of drug
addicts and prostitutes, such persons may be sent to the Medical Establishment
of another locality if it is so agreed by the sending and receiving localities.
Article 15.- The
Medical Establishment has the following functions and tasks:
- Receiving, giving medical care to and
restoring the health of those admitted for medical care.
- Organizing the reeducation, studies and job
training, ensuring conditions for the material and cultural life for the
inmates in accordance with the prescriptions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Collaborating with the concerned agencies and
units to manage, give medical treatment and education to, and organize labor
and vocational and job training for the inmates.
Article 16.- The
Medical Establishment shall arrange a separate sector for the drug addicts, and
another sector for the prostitutes.
The Medical Establishment shall have to organize
places for the reception of the concerned persons, for their medical
examinations, education, job training, labor, board and lodging and everyday
life in a hygienic and safe manner, as well places for their healthy recreation.
Male and female inmates must be lodged in separate quarters and the sufferers
of infectious diseases must be quarantined.
Article 17.- A Medical
Establishment shall comprise the Directorate and the various sections for
professional management:
1.- The Directorate comprises:
- The Director;
- A number of Vice Directors.
2. The professional management sections
comprise:
- The Medicare and Rehabilitation Section;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The Productive Labor Management Section;
- The Personnel-Administrative and Accounting
Section;
- The Guard Section.
Depending on the size of the establishment and
the number of inmates, the People's Committee at the provincial level shall
decide the number of necessary sections and persons suited to the Medical
Establishment in its locality .
Article 18.-
1. When a complicated
situation in medicare or order and security arises which is beyond the control
of the establishment, the Director of the Labor, War Invalids and Social Affairs
Service shall make a written proposal, and the Director of the Medical Service
and the Director of the Police at the provincial level shall have to send
cadres and personnel of their respective branches to strengthen, support and
collaborate with the establishment in ensuring security and order and medical
treatment and care at the establishment.
2. During their mission at the Medical
Establishment, the cadres and personnel of the Medical and Police Services
shall comply with the division of work and direction of the Director of the
Medical Establishment.
3. All the cadres, personnel and combatants of
the Medical Establishment shall enjoy the regime of allowances of
responsibility, for toxicity and danger as prescribed by law.
Article 19.- The Director
of the Medical Establishment shall be appointed and dismissed by the President
of the People's Committee at the provincial level at the proposal of the
Director of the Medical Establishment.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 20.- The
Director of the Medical Establishment shall take responsibility for the
operation of the Establishment on the basis of the provisionsof law.
The Deputy Directors shall assist the Director
in carrying out the tasks as appointed by the Director.
Article 21.- The
medical section of the Medical Establishment shall have to conduct health check
for the persons newly admitted to the establishment in order to determine their
health situation, their diseases and compile their health bulletins in service
of the medical treatment and job training and the assignment of labor duties to
them. The Director of the provincial or city Medical Service shall have to
direct the medical section of the Medical Establishment and the related
hospitals and medical centers to organize the treatment for the inmates of the
establishment.
Basing itself on the health condition,
professions and sex of the inmates and the work at the establishment, the
Directorate of the Medical Establishment shall assign suitable jobs to the
inmates. If the latter have had no previous professional training or if their
professions do not suit the conditions of the Establishment, they may be taught
a job.
Article 22.- The
Directorate of the Medical Establishment shall have to organize complementary
education or anti-illiteracy classes as currently prescribed by the Ministry of
Education and Training as well as classes on legal education for those admitted
to the Medical Establishment.
Article 23.- Every
month, the Directorate of the Medical Establishment shall make remarks or
assessment about the results of the labor and education of the inmates in order
to monitor the process of their re-education and self-training. For those who
have made visible progress in the observance of the regulations, the
Directorate shall write its observations and propose to the President of the
People's Committee at the provincial level to shorten the term of the inmates
at the Establishment. For those who have taken acts of resisting the persons on
duty, who refused to implement the decision, who fled the establishment or
taken other acts of violation which, however, are not serious enough to be
examined for penal liability, the Director of the Establishment may propose the
President of the People's Committee at the provincial level to consider the
case and take the appropriate measure of penalty.
Article 24.- Within 10
days before the expiry of the term of implementation of the decision to admit a
person to a Medical Establishment, the Directorate of the establishment shall
notify the concerned person. On expirty of the implementation of the decision,
the Directorate shall issue a certificate of completion of the term to the
concerned person and send a copy of the certificate to the President of the
People's Committee which has issued the decision to take the concerned person
to the Medical Establishment, to the People's Committee of the district which
made the proposal, and to the People's Committee of the commune where the
concerned person resides in order to continue his/her management and education,
the Medical Service and Police which have compiled the dossier, as well as
notifying his/her family .
Article 25.-The State
budget shall ensure the expenses to maintain the organization, activities, and
material equipment of the Medical Establishment, to get the necessary supply of
medicaments, the cost of job training, to cover the purchase of necessary
things for the daily life of the inmates and part of the food for those who
cannot take part in labor either due to difficult circumstances or health
condition.
Article 26.- A Medical
Establishment may receive drug addicts and prostitutes who have not reached the
point of being forced to enter a Medical Establishment but who volunteer to
enter the establishment for the purpose of medical treatment and physical
rehabilitation. The organization of medical care and health rehabilitation for
these persons must comply with the provisions of the law on medical
examinations and treatment.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
REGIME WITH REGARD TO
THOSE WHO ARE ADMITTED TO THE MEDICAL ESTABLISHMENTS
Article 27.- The
persons who are admitted to a Medical Establishment shall have to strictly
abide by the law of the State and the internal rules of the establishment,
place themselves under the management and education of the establishment, obey
the regime of treatment, medicare and labor prescribed by the establishment.
Article 28.- The
persons who are admitted to a Medical Establishment shall have to pay for their
food at the rate set by the Ministry of Labor, War Invalids and Social Affairs.
If, due to their exceptionally difficult circumstances
certified by the People's Committee at the commune level, or due to their
health and disease they cannot take part in labor or cannot fulfill their set
labor quotas, the Medical Establishment may consider providing them free of
charge their food rations for the first three months which represent 70% of the
minimum monthly salary, and for the subsequent three months if they have no
other income to assure their living conditions, but the subsidy in each of
these additional months represent only 50% of the minimum monthly salary.
Article 29.- The
persons admitted to the Medical Establishment are allowed to take along their
essential effects for their daily life. They are allowed to meet their close
relatives, send letters or information to their families, receive money,
blankets and mosquito nets, clothings, medicaments, food and other essential
personal effects sent by their relatives; they are allowed to take part in the
cultural activities, sports and recreation and healthy spiritual activities
organized by the Directorate of the Medical Establishment, are allowed to read
books, newspapers and listen to the radio under the guidance of the Directorate
of the Medical Establishment.
Article 30.- The
inmates of a Medical Establishment are equipped with labor safety devices,
sanitary and labor safety equipment, and enjoy the regime of working time
prescribed by the legislation on labor.
The inmates of a Medical Establishment are
entitled to enjoy their labor pay at the prescribed rates and according to the
results of their work. This remuneration shall be used to cover the expenses in
food and drink, and other activities defined at Article 28 of this Regulation.
After deduction of these expenses, the remainder (if any) shall be sent by the
Medical Establishment to their savings banks.
The inmates of a Medical Establishment are
except from labor on Sundays, on the national and traditional holidays.
Article 31.- The
inmates of a Medical Establishment are supplied with part of the expenses on
medicaments, job training and expenses for the purchase of necessary personal
effects at the rate prescribed by the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Finance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 33.- The
inmates of a Medical Establishment have the following obligations and interests
after completing their terms:
- They have to return the articles, instruments
and labor equipment and safety devices which they have borrowed and have to
make compensations in case of loss or damage;
- They are issued with a certificate of
completion of the term of medical care education and labor;
- They are issued with a certificate of job
training (if any);
- They shall be given back their savings (if
any)
- In difficult circumstances, they may be given
expenses for travel expenses to return to their places of residence.
Article 34.- If the
father or mother (of the inmate or his/her spouse), his/her spouse or child
dies and that is certified by the People's Committee and at the proposal of the
concerned person, the Directorate of the establishment may allow him/her to
return to their home to attend to the funeral but for not more than three days
(excluding the traveling days).
Article 35.-
1. An inmate of the
Medical Establishment in childbirth shall be exempted from compulsory medical
treatment, re-education and labor, and shall be allowed to return to their
place of residence and entrusted to their family or the local administration or
organization for management for a period of 12 months . This period of time
shall not be accounted for in the time prescribed for the implementation of the
decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ During the period of temporary suspension, if
the person concerned shows progress in the implementation of State laws and the
regulations of the locality, they may be considered for exemption from
continued implementation of the decision.
2. In the case mentioned at Point b, Item 1 of
this Article, the President of the People's Committee of the commune where the
concerned person resides shall make a written report to the President of the
People's Committee at district level, and within five days after receiving the
report, the President of the People's Committee of the district level shall
consider the case and propose to the President of the People's Committee at the
provincial level to consider and decide on the exemption from implementing the
decision.
The decision on exemption shall be sent to the
beneficiary, the Labor, War Invalids and Social Affairs Service, the Police at
the provincial level, the People's Committee at the district level, the Peoples
Committee at the commune level where the concerned person resides and the
Medical Establishment where he/she is implementing the decision.
Article 36.- If the
person admitted to the Medical Establishment is so sick as to exceed the
treatment capacity of the Medical Establishment, the latter shall send him/her
to a State hospital for treatment. The period of treatment shall be accounted
for in the time of implementing the decision.
The medical expenditures during the period of
hospitalization shall be borne by the inmate himself or herself. For those in
exceptionally difficulty situations, the Directorate of the Medical
Establishment may pay it to the hospital if the concerned person has filed a
written demand. The rate and source of this payment shall comply with the
prescriptions of the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Finance.
Article 37.- During
his/her implementation of the decision to be treated at a Medical
Establishment, if the inmate dies, the Directorate of the Medical Establishment
must immediately report the death to the investigative agency and the nearest
Procuracy agency so that they may come and make a written report to certify the
cause of the death in the presence of witnesses, and when necessary, the
Coroner of the province may be invited to examine and determine the cause of
the death. At the same time the Directorate must inform the next of kin of the
dead in order to organize the burial. If the dead has no next of kin or if the
latter cannot arrive in time, or if the inmate dies of labor accident, the
Directorate of the Medical Establishment shall have to organize the burial, the
expenditures for which shall be covered by the State budget as prescribed by
the Ministry of Labor, War Invalids and Social Affairs and the Ministry of
Finance.
If the inmate is injured by a labor accident the
Medical Establishment shall have to pay for the medical expenditures from the
first aid, the emergency care or operation and the treatment until the injury
of the victim is stabilized.
Article 38.- During
their time in the Medical Establishment, if the inmate breaks the law, he/she
shall be subject to administrative sanction or be examined for penal liability,
depending on the character and seriousness of the violation.
If the inmate makes progress or achieve
meritorious deeds, he/she shall be commended and rewarded in time.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
RESPONSIBILITY OF THE
STATE AGENCIES IN THE MANAGEMENT OF THE MEDICAL ESTABLISHMENT
Article 39.- The Ministry
of Labor, War Invalids and Social Affairs has the responsibility:
To effect unified State management over all the
Medical Establishments of this type;
- To provide detailed guidance on the function,
tasks, organizational structure, titles and criteria of the personnel of such
establishments, and the responsibilities and powers of the Director;
- To guide the planning of the construction of
these establishments (concerning the size, the design, the investment rate...);
- To cooperate with the Ministry of Health and
the Ministry of the Interior in the treatment and protection of such Medical
Establishments, in the education and labor activities suited to each category
of persons admitted to the establishment;
- To cooperate with the Ministry of Finance and
the Ministry of Health in determining the rate of allowances for the
expenditures in medicaments, in job training, in the purchase of necessary
personal effects and other expenditures for the inmates;
- To cooperate with the Ministry of Planning and
Investment and the Ministry of Finance in guiding the locality to work out the
annual plan of expenditures for such Medical Establishments. To make an overall
expenditure plan for the whole year;
- To supervise and control the organization and
activities of the Medical Establishment;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 40.- The
Ministry of Health has the responsibility:
- To guide and direct the treatment of drug
addiction and social diseases at the Medical Establishments;
- To send its cadres and personnel to take part
in the medicare for the persons admitted to the Medical Establishment at the
proposal of the Labor, War Invalids and Social Affairs Service;
- To work out the regime of treatment and
detoxification for the drug addicts and social diseases for the persons
admitted to the Medical Establishments;
- To study and determine the medicaments and
methods of treatment.
Article 41.- The
Ministry of the Interior has the responsibility:
- To guide the Police at various levels to
cooperate with the Labor, War Invalids and Social Affairs Services and the
Medical Service to help the People's Committee of the same level in the
collection of materials for compiling the dossier;
- To guide the sending of the persons subjected
to the enforcement of the decision to a Medical Establishment;
- To send cadres and personnel of the service to
join in the protection of the Medical Establishment at the proposal of the
Labor, War Invalids and Social Affairs Service;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- To cooperate in controlling the protection of
the Medical Establishments.
Article 42.- The
Ministry of Finance has the responsibility:
- To work out the regime of supplying the
operational expenditures of the Medical Establishments;
- To guide the allocation of full and timely
allocation of expenditures for the Medical Establishments according to the
already ratified plan;
- To coordinate in controlling the use of such
expenditures by the Medical Establishments.
Article 43.- The
People's Committees of the provinces and cities directly under the Central
Government have the responsibility:
- To cooperate with the Ministry of Labor, War
Invalids and Social Affairs and the concerned ministries in organizing and
managing the Medical Establishments in their localities.
- To work out a plan for monitoring the
treatment, re-education, labor and progress of the inmates of the Medical
Establishments;
- To cooperate with the Ministry of Labor, War
Invalids and Social Affairs and the Ministry of the Interior in guiding and
directing the People's Committees at the district and commune levels and in
collaborating with the Labor, War Invalids and Social Affairs Service and the
police to create conditions for board and lodging for the inmates who do not
have a permanent residence during the period of compiling the dossier, pending
the decision of the President of the People's Committee at the provincial level
to admit them to the Medical Establishments.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The People's Committees at the district level
and the People's Committee at the commune where the persons who have completed
their terms at the Medical Establishment reside, shall continue to manage and
educate them and create conditions for them to get a secure job and stabilize
their life and reintegrate with the community.
Article 44.- The
Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the
Ministry of the Interior and the Ministry of Finance shall have to cooperate in
guiding the detailed implementation of this Regulation.
FOR THE
GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet