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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
147/2003/ND-CP
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Hanoi,
December 02, 2003
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DECREE
PRESCRIBING THE CONDITIONS, PROCEDURES FOR GRANTING PERMITS
TO, AND THE MANAGEMENT OF OPERATION OF, VOLUNTARY DRUG DETOXICATION
ESTABLISHMENTS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 30, 1989 Law on Protection of the People's Health;
Pursuant to the April 20, 1995 Law on State Enterprises and the June 12, 1999
Law on Enterprises;
Pursuant to the December 9, 2000 Law on Drug Prevention and Fight;
Pursuant to the February 25, 2003 Ordinance on Private Medical and
Pharmaceutical Practice;
At the proposals of the Labor, War Invalids and Social Affairs Minister and the
Health Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Subjects and
scope of regulation
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Detoxication establishments shall be established
by agencies, organizations or individuals according to law provisions and
organize drug detoxication activities in the form of charged service,
non-profit service or humanitarian and charity service.
2. Compulsory drug detoxication institutions
under the Law on Drug Prevention and Fight and founded under the Ordinance on
Handling of Administrative Violations shall not be governed by this Decree.
Article 2.- Encouraging
voluntary drug detoxication activities
For agencies, organizations and individuals
prescribed in Clause 1, Article 1, if they satisfy all conditions prescribed by
this Decree and wish to establish detoxication establishments, competent State
bodies shall consider, grant permits and create conditions for their drug
detoxication activities.
Article 3.- Contents of
permits for drug detoxication activities
1. Competent bodies shall consider and grant
drug detoxication activity permits to detoxication establishments according to
each content of the detoxication and rehabilitation process including:
a/ Treatment to stop addictive fits,
detoxication and health rehabilitation;
b/ Education and rehabilitation of good
behaviors, personality;
c/ Therapeutic labor, preparation for community
integration and combat against relapse into addiction;
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2. The grant of drug detoxication activity
permits according to the contents prescribed at Points b and c, Clause 1 of
this Article shall only apply to detoxication establishments which are
operating according to such contents. For newly founded establishments, permits
shall only be granted according to the content prescribed at Point a or d,
Clause 1 of this Article.
Article 4.- Prohibited
acts
The following acts are strictly prohibited:
1. Organizing detoxication establishments
illegally.
2. Lending, leasing, transferring drug
detoxication activity permits or using them for other purposes.
3. Infringing upon the life, honor, dignity,
health and property of persons undergoing drug detoxication at the detoxication
establishments.
Chapter II
CONDITIONS FOR GRANTING
DRUG DETOXICATION ACTIVITY PERMITS
Article 5.- Conditions
for activities of treatment to stop addictive fits, detoxication and health
rehabilitation
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1. On material foundations:
a/ In the specialized areas, there must be
places for reception of drug addicts, stoppage of addictive fits, detoxication,
first aid, post-fit stoppage supervision, health rehabilitation, testing and
other necessary conditions as prescribed by the Health Ministry;
b/ There must be adequate electricity, water,
fire prevention and fighting equipment and waste-water and waste-matter
treatment systems according to regulations;
c/ There must be adequate medical equipment in
service of the fit stoppage, detoxication, and post-fit stoppage and
-detoxication health monitoring and rehabilitation strictly according to the
regulations of the Health Ministry;
d/ There must be a separate management area for
detoxicators being minors, women, persons suffering from dangerous contagious
diseases, persons who have undergone detoxication for many times or persons
having committed acts of disturbing public order in the detoxifying period.
e/ There must be measures and means to ensure
security and order, to protect health and life of officials, employees as well
as detoxicators at the detoxication establishments;
f/ Sanitary accommodation conditions must be
ensured for drug detoxicators.
2. On personnel:
a/ Heads of the detoxication establishments or
persons with professional responsibility for detoxication and health
rehabilitation must be general doctors who have practiced their professions at
the detoxication establishments for over three years and have been personally
engaged in the detoxicating work for at least one year, or psychiatrists who
have practiced their specialized profession for at least three years.
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Article 6.- Conditions
for activities of behavior and personality education and rehabilitation
Detoxication establishments must ensure the
following conditions:
1. On material foundations:
a/ There must be places for admission, health
care and monitoring of, sanitary accommodation conditions for, detoxicators;
b/ There must be places for organizing learning
classes, recreation and entertainment, physical training and sports, exercise,
cultural and art activities according to the program on behavior and
personality education and rehabilitation for detoxicators according to the
regulations of the Labor, War Invalids and Social Affairs Ministry, the
Education and Training Ministry and the Health Ministry.
2. On personnel:
a/ Heads of the detoxication establishments or
persons in charge of detoxication and rehabilitation must have university
degrees and have been engaged in the work of detoxicating and rehabilitating
drug addicts for at least three years.
b/ There must be a contingent of managers,
educators, psychologists, medical workers, guards, and other necessary titles,
who have good ethics, be devoted to their professions, possess professional
diplomas and certificates suitable to their assigned tasks and the scope of
operation of their detoxication establishments.
Article 7.- Conditions
for activities of therapeutic labor, preparation for community integration and
combat against relapse into addiction
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1. On material foundations:
a/ There must be places for admission, health
care and monitoring of, sanitary accommodation conditions for, detoxicators;
b/ There must be adequate land areas and
workshops for organizing job-training classes and productive labor,
implementing the therapeutic labor program suitable to drug detoxicators as
prescribed by the Labor, War Invalids and Social Affairs Ministry and the
Health Ministry;
c/ There must be places for recreation and
entertainment, physical training and sport, cultural and art activities.
2. On personnel:
a/ Heads of the detoxication establishments or
persons in charge of detoxication and rehabilitation must have intermediate
professional or technical qualifications or higher, and have been engaged in
the work of detoxicating and rehabilitating drug addicts for at least three
years;
b/ There must be a contingent of managers,
technicians, job trainers, psychologists, medical workers, guards, and other
necessary titles, who have good ethics, be devoted to their professions,
possess professional diplomas and certificates suitable to their assigned tasks
and the scope of operation of their detoxication establishments.
Article 8.- Conditions
for implementing the whole detoxication and rehabilitation process
Detoxication establishments shall be granted
permits for implementing the whole detoxication and rehabilitation process only
when they meet all conditions prescribed in Articles 5, 6 and 7 of this Decree.
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Basing themselves on the level of investment by
the detoxication establishments in their material foundations and personnel, the
competent bodies prescribed in Article 12 of this Decree shall consider and
grant drug detoxication activity permits as follows:
1. For detoxication establishments currently
engaged in drug detoxication activities according to each content of the detoxication
and rehabilitation process prescribed at Points b and c, Clause 1, Article 3,
if they meet all conditions prescribed in Articles 6 and 7 of this Decree, they
shall be granted permits for continuing to operate according to such contents
for two years. After two years, the competent bodies shall only grant drug
detoxication activity permits to the detoxication establishments which operate
according to the content prescribed at Point a or d, Clause 1, Article 3 of
this Decree.
2. For detoxication establishments which are
newly founded or carrying out drug detoxication activities according to the
content prescribed at Point a or d, Clause 1 of Article 3, they shall be
granted drug detoxication activity permits if they meet all conditions
prescribed in Articles 5, 6 and 7 of this Decree.
Chapter III
PROCEDURES AND
COMPETENCE TO GRANT, WITHDRAW DRUG DETOXICATION ACTIVITY PERMITS
Article 10.- Dossiers
of application for drug detoxication activity permits
1. A dossier of application for a drug
detoxication activity permit consists of:
a/ The application for a drug detoxication
activity permit;
b/ Personal dossiers of founders of the
detoxication establishment, including resumes, valid copies of professional and
technical diplomas and/or certificates; health certificates issued by competent
medical agencies;
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d/ A certificate of eligibility for medical
examination and treatment practice, granted by the provincial/municipal Health
Service, for fit-stoppage treatment, detoxication and health rehabilitation, as
prescribed in Article 5 of this Decree.
2. For detoxication establishments which have
been set up, the dossiers of application for drug detoxication activity permits
must contain, apart from those papers prescribed in Clause 1, Article 10 of
this Decree, valid copies of their business registration certificates or
establishment decisions of competent bodies.
3. The applying agencies, organizations and
individuals must pay charges and fees according to law provisions and the
guidance of the Finance Ministry.
Article 11.- Procedures
for receiving dossiers of application for drug detoxication activity permits
1. Dossiers of application for drug detoxication
activity permits of detoxication establishments set up by agencies,
organizations or individuals shall be sent to the provincial/municipal Labor,
War Invalids and Social Affairs Services of the localities where the
detoxication establishments are to be headquartered.
2. Dossiers of application for drug detoxication
activity permits of detoxication establishments set up by ministries, branches
or central bodies of mass organizations, socio-political or social
organizations shall be sent to the Labor, War Invalids and Social Affairs
Ministry.
Article 12.- Competence
to grant drug detoxication activity permits
The Labor, War Invalids and Social Affairs
Minister shall grant drug detoxication activity permits to the detoxication
establishments.
Article 13.- Time limit
for the grant of drug detoxication activity permits and valid duration thereof
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a/ The provincial/municipal Labor, War Invalids
and Social Affairs Services shall have to verify the dossiers prescribed in
Article 10 of this Decree, report on the verification results to the Labor, War
Invalids and Social Affairs Minister for consideration and grant of drug
detoxication activity permits to the detoxication establishments under the
provisions of Clause 1, Article 11 of this Decree;
Where all conditions are not met for the grant
of drug detoxication activity permits, the directors of the Labor, War Invalids
and Social Affairs Services must issue written replies, clearly stating the
reasons therefor.
b/ The Labor, War Invalids and Social Affairs
Ministry shall have to verify and consider the dossiers prescribed in Article
10 of this Decree with the participation of the provincial/municipal Labor, War
Invalids and Social Affairs Services of the localities where the detoxication
establishments are to be headquartered for the grant of drug detoxication activity
permits to the detoxication establishments prescribed in Clause 2, Article 11
of this Decree. In case of refusal to grant drug detoxication activity permits,
the Ministry must issue written replies, clearly stating the reasons therefor.
The grant of permits shall be notified to the
People's Committees of the provinces or centrally run cities; the People's
Committees of rural districts, urban districts or provincial cities and the
People's Committees of communes, wards or townships (hereinafter called the
provincial-level People's Committees, district-level People's Committees and
commune-level People's Committees) of the places where the detoxication
establishments are headquartered according to law provisions.
2. The valid duration of a drug detoxication
activity permit is five years. Upon the expiry of the valid duration prescribed
in their drug detoxication activity permits, if the detoxication establishments
wish to continue operating, they must carry out the procedures for extension of
their drug detoxication activity permits according to the provisions of Article
14 of this Decree. The extended duration of drug detoxication activity permits
shall not exceed five years each.
Article 14.- Procedures
for extension of drug detoxication activity permits
1. A dossier of application for extension of a
drug detoxication activity permit consists of:
a/ The application for extension of the drug
detoxication activity permit;
b/ Documents proving that the detoxication establishments
satisfy all new conditions (if any) for performing the contents of the
detoxication and rehabilitation process prescribed in Clause 2, Article 9 of
this Decree;
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2. Thirty days before their drug detoxication
activity permits expire, the detoxication establishments shall send the
dossiers of application for extension thereof to:
a/ The provincial/municipal Labor, War Invalids
and Social Affairs Services as prescribed in Clause 1, Article 11 of this
Decree;
b/ The Ministry of Labor, War Invalids and
Social Affairs as prescribed in Clause 2, Article 11 of this Decree.
3. The time limit for granting extended drug
detoxication activity permits is 30 days, counting from the date of receipt of
the complete and valid dossiers of application for extension of the permits. In
case of refusal to grant the extension, written replies must be made, clearly
stating the reasons therefor.
Article 15.-
Modification, withdrawal of drug detoxication activity permits
1. In case of modifying the contents of drug
detoxication activity permits as prescribed in Clause 2 of Article 9, the
procedures for change of drug detoxication activity permits must be carried out
under the provisions of Article 10 of this Decree.
2. Drug detoxication activity permits shall be
withdrawn in the following cases:
a/ Violation of the provisions of Article 4 of
this Decree;
b/ Deletions and modifications to change the
contents of drug detoxication activity permits;
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d/ The detoxication establishments fail to
operate within 12 months after being granted the drug detoxication activity
permits;
e/ The detoxication establishments have been
sanctioned for administrative violations related to their drug detoxication
activities for three or more times in within the valid duration of their drug
detoxication activity permits.
3. For the cases of violating the provisions of
Clause 2 of this Article, the Labor, War Invalids and Social Affairs Minister
shall issue decisions to withdraw drug detoxication activity permits; the
provincial/municipal Labor, War Invalids and Social Affairs Services shall have
to withdraw the permits and examine the implementation of such decisions of the
Labor, War Invalids and Social Affairs Minister.
Chapter IV
RIGHTS AND
RESPONSIBILITIES OF DETOXICATION ESTABLISHMENTS AND DRUG DETOXICATORS
Article 16.- Rights and
responsibilities of detoxication establishments
1. The detoxication establishments shall have
the following rights:
a/ To collect detoxication and rehabilitation
service charges as contracted, for the form of charged service;
b/ To be prioritized in renting land and
locations for their establishment;
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d/ To use support tools as prescribed by law;
e/ Other rights as prescribed by law.
2. The detoxication establishments shall have
the following responsibilities:
a/ To promulgate their own operation charters,
internal regulations and rules;
b/ To detoxify drug addicts properly according
to the contents of their granted drug detoxication activity permits and the
contents of the detoxication and rehabilitation process prescribed by the
Labor, War Invalids and Social Affairs Ministry and the Health Ministry;
c/ To create accommodation, study, labor,
recreation and entertainment conditions for drug detoxicators at their
establishments;
d/ To make public the detoxication and
rehabilitation service charge rates and prescribe the exemption and reduction
thereof for drug detoxicators of families meeting with difficulties, families
entitled to social policies and families of persons with meritorious services;
e/ To observe the regime of information, regular
or irregular reporting according to the regulations of the Labor, War Invalids
and Social Affairs Ministry;
f/ To coordinate with the agencies of the labor,
war invalids and social affairs, health and police services as well as the
administrations of the localities where they carry out drug detoxication
activities in managing their activities and in order to receive assistance from
these agencies when necessary;
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h/ To fulfil other obligations as prescribed by
law.
Article 17.- Rights and
responsibilities of heads of detoxication establishments
1. Heads of the detoxication establishments
shall have the following rights:
a/ To decide to apply the measure of consigning
into isolation wards drug detoxicators who have committed acts of disturbing
public order, seriously threatening the life and health of other persons at the
detoxication establishments, except for persons aged under 18 years and
pregnant women;
Decisions to consign persons into isolation
wards must be made in writing and the isolation duration must not exceed three
days per decision. In cases where the violators show a good sense of
self-mending and progresses. they may have their isolation duration shortened.
Decisions to consign persons into isolation wards must clearly state the
reasons therefor and be added to the dossiers of the detoxicators.
b/ To terminate detoxication contracts ahead of
time with detoxicators who have committed many acts of violating the internal
rules and regulations of the detoxication establishments; to notify the
commune-level People's Committees of the places where such persons reside and
their families or guardians thereof.
2. Heads of the detoxication establishments
shall have the following responsibilities:
a/ If drug detoxificators die in the
detoxication period at the detoxication establishments, to organize the
protection of the scenes, immediately notify such to the nearest local
investigating bodies and procuracies for making records thereon and
identification of the causes thereof; to witness the scene examination, autopsy
or probably seek for forensic medicine examination; and concurrently notify
such to the dead persons' relatives and request them to bury the dead.
To organize the burial of dead drug addicts who
have no relatives; all burial costs shall be covered by the detoxication
establishments.
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c/ To be responsible for all activities of their
detoxication establishments according to the provisions of this Decree and
relevant law provisions.
Article 18.- Rights and
responsibilities of drug detoxicators
1. Drug detoxicators shall have the following rights:
a/ To undergo drug detoxication according to the
contents of the detoxication and rehabilitation process under drug detoxication
service contracts;
b/ To express their aspirations or proposals to
the heads of the detoxication establishments on their accommodation, medical
treatment, study, labor and other daily-life activities at the establishments;
c/ To complain about and denounce illegal acts
committed by officials, employees in managing activities of the detoxication
establishments according to law provisions on complaints and denunciations.
2. Drug detoxicators shall have the following
responsibilities:
a/ To report accurately on their drug addiction;
b/ To observe the regulations and rules and
submit to the management and education of the detoxication establishments; to
observe the labor, study, therapy and medical treatment regimes prescribed by
relevant laws;
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- Admonition, criticism.
- Consignment into isolation wards.
- Termination of their detoxication service
contracts and notification to their localities.
c/ If causing material damage to the
detoxication establishments, the drug detoxicators or their families or
guardians must pay compen-sations therefor according to law provisions;
d/ To bear detoxication expenses under their
drug detoxication service contracts.
Chapter V
PROCEDURES FOR ADMISSION
OF DRUG DETOXICATORS INTO DETOXICATION ESTABLISHMENTS
Article 19.- Dossiers
of drug detoxicators
A dossier of a drug detoxicator consists of:
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2. A copy of his/her people's identify card; the
household registration book or long-term temporary residence certificate;
c/ The drug addiction state of the drug addict,
declared by the drug addict himself/herself or by his/her family or guardian.
Article 20.- Receipt of
dossiers of drug addicts
The dossiers of drug addicts shall be sent to
the detoxication establishments; within seven days after receiving the complete
dossiers, the heads of the detoxication establishments shall consider them and,
on the basis of the capability of their establishments, notify the admission or
non-admission of the drug addicts into their detoxication establishments.
Article 21.- Reception
of drug addicts
1. Upon receiving the drug addicts, the
detoxication establishments must check and make records on the reception of the
drug addicts, their personal belongings (if any), give them medical checks and
compile drug detoxication dossiers.
2. The detoxication establishments must
disseminate their internal regulations and rules and other regulations related
to their drug detoxication activities. Drug addicts, their families or
guardians must commit to implementing these regulations and rules.
Article 22.- Drug
detoxication service contracts
1. Basing themselves on the aspirations of the
drug addicts or their families or guardians, the heads of the detoxication
establishments shall sign drug detoxication service contracts, depending on the
contents of the detoxication and rehabilitation process prescribed in Article 9
of this Decree.
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2. The heads of the detoxication establishments
must notify the admission of drug addicts into their detoxication
establishments to the commune-level People's Committees of the places where
such drug addicts reside and to their families or guardians. In cases where the
drug addicts do not sign in person the detoxication service contracts, to
notify them of their admission.
Article 23.- Hand-over
of drug detoxified persons to their families and communities
1. At least 10 days before the expiry of the
drug detoxication service contracts, the heads of the detoxication
establishments must notify such to the drug detoxicators and conduct necessary
tests. Upon the expiry of the detoxication period, they must grant the
detoxication certificates to the drug addicts, and at the same time, send the
copies thereof to the commune-level People's Committees of the places where
such persons reside.
2. Upon the expiry of the detoxication period,
the detoxication establishments must hand over the detoxicated persons to their
families or guardians; give comments on their detoxication and rehabilitation
results together with the records (if any) on such persons' violations of
internal regulations and rules committed in their detoxication period at the
detoxication establishments to the commune-level People's Committees of the
places where such persons reside for further supervision.
Chapter VI
RESPONSIBILITIES OF
STATE MANAGEMENT BODIES
Article 24.-
Responsibilities of the Labor, War Invalids and Social Affairs Ministry
The Labor, War Invalids and Social Affairs Ministry
shall have the following responsibilities:
1. To perform the State management over
voluntary drug detoxication activities;
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3. To direct the local Labor, War Invalids and
Social Affairs agencies to draw up plans on, and organize, training for people
engaged in the detoxifying and rehabilitating work to raise their professional
qualifications; to update information on and popularize the Party's and State's
undertakings and policies as well as relevant legal documents;
4. To assume the prime responsibility for, and
coordinate with the Health Ministry in, guiding the process of detoxication,
health rehabilitation and dignity rehabilitation for drug addicts.
5. To observe the information and reporting
regime as prescribed by the Government.
Article 25.-
Responsibilities of the Health Ministry
The Health Ministry shall have the following
responsibilities:
1. To guide the charts for fit-stoppage
treatment and detoxication; to direct local medical agencies to draw up plans
on, and organize, professional and medical training and support for officials
in organizing the fit-stoppage treatment, detoxication and first aid for drug
addicts at the detoxication establishments;
2. To coordinate with the Labor, War Invalids
and Social Affairs Ministry in guiding the process of detoxication and health
rehabilitation for drug addicts;
3. To organize the inspection of the
implemen-tation of professional and technical regulations at the detoxication
establishments.
Article 26.-
Responsibilities of the Public Security Ministry
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1. To guide and direct the police at all levels
to coordinate with and support the detoxication establishments in maintaining
security and order within the detoxication establishments and in areas where
the detoxication establishments operate;
2. To direct the local police to organize
training in the guard work, use of support tools, application of measures to
prevent drug addicts from violating internal regulations and rules, to grant
certificates to the guard force according to regulations, and ensure security
and order for activities of the detoxication establishments.
Article 27.-
Responsibilities of the People's Committees at all levels
1. The provincial-level People's Committees
shall have the following responsibilities:
a/ To direct the provincial-level Labor, War
Invalids and Social Affairs; Health; and Public Security agencies to clearly
define their responsibilities in the work of managing voluntary drug
detoxication activities and working out regulations on coordination among the
concerned branches and agencies;
b/ To direct the Labor, War Invalids and Social
Affairs as well as Health agencies at all levels to strengthen their
organizational apparatuses, reinforce the contingent of officials to ensure the
good management of drug detoxication activities;
c/ To guide and direct the lower-level People's
Committees to collect statistics on, and classify, persons already detoxicated
at the detoxication establishments; to draw up plans on management and
education of detoxicated persons who have returned to their families and
communities.
2. The district-level People's Committees shall
have the following responsibilities:
a/ To direct the Labor, War Invalids and Social
Affairs; Health; and Public Security agencies to coordinate with the concerned
agencies in grasping the situation and rendering support when necessary,
ensuring smooth activities of the detoxication establishments in their
respective localities;
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c/ To guide and direct the commune-level
People's Committees to collect statistics and on, classify detoxicated persons
who have returned from the detoxication establishments to their families and
communities, and to apply measures to manage, educate, support and create jobs
for them to stabilize their life.
3. The commune-level People's Committees shall
have the following responsibilities:
a/ To receive dossiers of, collect statistics
on, classify and supervise detoxicated persons for at least 24 months as from
the time they return to their localities;
b/ To direct mass organizations and assign
responsibilities to them to participate in managing, educating and supporting
detoxicated persons, helping them integrate into their communities and
stabilize their life.
Chapter VII
EXAMINATION, INSPECTION,
COMMENDATION, AND HANDLING OF VIOLATIONS
Article 28.-
Examination and inspection
1. The drug detoxication establishments must
submit to the regular or irregular examination and examination by the competent
Labor, War Invalids and Social Affairs and/or Health agencies.
2. The Labor, War Invalids and Social Affairs
Ministry, the Health Ministry; the provincial/municipal Labor, War Invalids and
Social Affairs; and Health Services shall have to examine and handle according
to their respective competence violations committed by the detoxication
establishments in their drug detoxication activities.
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Agencies, organizations and individuals that
have recorded achievements in drug detoxication activities shall be commended
and/or rewarded according to law provisions.
Article 30.- Handling
of violations
1. Drug detoxicators who have committed acts of
violating the provisions of this Decree shall, depending on the nature and
seriousness of their violations, be handled for administrative violations or
examined for penal liability.
2. Organizations and individuals that have
violated the provisions of this Decree shall, depending on the nature and
seriousness of their violations, be handled for administrative violations or
examined for penal liability according to law provisions; if causing material
damage, they must pay compensations therefor according to law provisions.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 31.-
Implementation effect
This Decree takes effect 15 days after its
publication in the Official Gazette. All previous regulations contrary to this
Decree are hereby annulled.
Article 32.-
Implementation guidance
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Article 33.-
Implementation responsibility
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies, and
the presidents of the People's Committees of the provinces and centrally run cities
shall have to implement this Decree.]
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai