THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
34/2002/ND-CP
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Hanoi, March 28, 2002
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DECREE
STIPULATING THE REHABILITATION ORDER,
PROCEDURES AND REGIMES FOR DRUG ADDICTS CONSIGNED TO COMPUL-SORY REHABILITATION
ESTABLISHMENTS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Law on Drug Prevention and Fight of December 9, 2000;
At the proposals of the Minister of Labor, War Invalids and Social Affairs and
the Minister of Public Security,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree prescribes the rehabilitation order,
procedures and regimes for drug addicts (hereafter called addicts for short)
who are consigned to compulsory rehabilitation establishments as stipulated in
Clauses 1 and 3, Article 28 and Clauses 1 and 2, Article 29 of the Law on Drug
Prevention and Fight.
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Chapter
II
ORDER, PROCEDURES AND REHABILITATION REGIMES FOR ADDICTS WHO ARE
CONSIGNED TO COMPULSORY REHABILITATION ESTABLISHMENTS
Article 3.- The presidents of the People’s Committees of the communes, wards or townships
(referred collectively to as commune-level) where the addicts reside or where
they commit acts of illegally using narcotic substances, for those having no
fixed residence places, shall compile and submit dossiers to the presidents of
the People’s Committees of the
urban districts, rural districts, provincial towns and cities (referred collectively
to as district-level).
The commune-level police offices shall assume
the prime responsibility and coordinate with the Fatherland Front, Ho Chi Minh
Communist Youth Union, War Veterans Association, Peasants Union, and Women’s
Union organizations in assisting the presidents of the commune-level People’s Committees in compiling such dossiers.
Article 4.- A dossier on consigning a drug addict to
compulsory rehabilitation establishments includes:
1. Curriculum vitae of the addict;
2. Rehabilitation measures already applied;
3. Other documents related to relatives of the
addict (if any);
4. Comments of the commune-level police office
and the opinions of the Fatherland Front and social and mass organizations of
which such person is a member.
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Article 6.-
1. The presidents of the district-level People’s Committees shall decide to set up Advisory
Councils to assist them in examining and approving the dossiers on consigning
addicts to compulsory rehabilitation establishments.
2. An Advisory Council shall be composed of the
head of the Labor, War Invalids and Social Affairs Section as its standing
member; and the head of Legal Section, the head of Health Section and the head
of the police office of the district-level as its members.
The Advisory Council’s
standing member shall have to organize and preside over the Council’s meetings and make records thereon for submission
to the president of the district-level People’s
Committee.
3. Within five days as from the date of
receiving the dossiers, the heads of the Labor, War Invalids and Social Affairs
Sections shall send such dossiers to members of the Advisory Councils and
convene the Councils meetings.
4. The Advisory Councils shall work
collectively, consider and vote on each specific case and draw conclusions by the
majority. If the addicts are minors, the Advisory Councils shall invite
representatives of the child protection and care agencies of the same level to
participate in the meetings.
The written records of the Advisory Councils
meetings must clearly inscribe the opinions of each participant.
Article 7.- Funding for the compilation of dossiers on the
consigning of addicts to compulsory rehabilitation establishments and the
operation of Advisory Council shall be deducted from the annual funding for
drug prevention and fight of the localities.
Article
8.-
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2. The decisions shall be sent to the persons to
be consigned to compulsory rehabilitation establishments, their families, the
Labor, War Invalids and Social Affairs Sections, the police offices and the People’s Procuracies of the district level, the
commune-level People’s Committees which
have compiled the dossiers, and the compulsory rehabilitation establishments.
3. The duration for drug detoxication at
compulsory rehabilitation establishments shall range from one to two years.
Article
9.-
1. Within three days as from the date of
receiving the decisions, the district-level Police Offices shall have to
consign the persons subject to the decisions to compulsory rehabilitation
establishments.
2. The duration of executing the decisions on
consigning addicts to compulsory rehabilitation establishments shall be counted
from the time the compulsory rehabilitation establishments fill in the
reception procedures.
Article 10.- The rehabilitation regimes for drug addicts who
are consigned to compulsory rehabilitation establishments shall comply with the
provisions of the Government’s
Decree No. 20/CP of April 13, 1996 promulgating the Regulation on medical
establishments according to the Ordinance on the Handling of Administrative
Violations of July 6, 1995.
Chapter
III
REHABILITATION ORDER, PROCEDURES AND REGIMES FOR ADDICTS WHO
VOLUNTARILY APPLY FOR ADMISSION TO COMPULSORY REHABILITATION ESTABLISHMENTS
Article 11.- Drug addicts who voluntarily apply for
rehabilitation and be admitted to compulsory rehabilitation establishments
shall not be considered having been handled for administrative violations.
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1. The application for admission to compulsory
rehabilitation establishments of the addict or his/her family, certified by the
commune-level People’s Committee of the
locality where he/she resides. For addicts aged under 18, there must be
consents of their parents or lawful representatives.
2. A copy of his/her identity card, household
registration book or long-term temporary residence certificate (enclosed with
the originals for comparison)
3. The rehabilitation commitment made by the
volunteer or his/her lawful representative to the compulsory rehabilitation
establishment.
The dossiers shall be submitted to the heads of
the rehabilitation establishments.
Article 12.- Within seven days as from the date of receiving
the dossiers of those who voluntarily apply for admission to rehabilitation
establishments, the heads of the compulsory rehabilitation establishments shall
consider the dossiers and base themselves on the capability of their
establishments to issue decisions admitting the applicants. The duration for
rehabilitation at the establishments shall be at least six months.
The decisions shall be sent to the persons who
voluntarily apply for admission to rehabilitation establishments, their
families and the commune-level People’s
Committees of the localities where such persons reside.
Article 13.- The rehabilitation regimes for those who
voluntarily apply for admission to compulsory rehabilitation establishments
shall comply with the provisions of the Government’s
Decree No. 20/CP of April 13, 1996 promulgating the Regulation on medical
establishments according to the Ordinance on the Handling of Administrative
Violations of July 6, 1995.
Article 14.- Those who voluntarily apply for admission to
compulsory rehabilitation establishments shall have to make contributions to
cover expenses for their stay therein, except for cases of entitlement to
exemption and/or reduction as prescribed by law. The provincial/municipal
People’s Committees shall,
depending on the practical conditions of their localities, prescribe the levels
of charge for medial treatment and health restoration at compulsory
rehabilitation establishments.
Chapter
IV
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Article 15.- Minors consigned to compulsory rehabilitation
establishments are addicts who are aged from full 12 to under 18 and not
considered having been handled for administrative violations.
Article 16.- The order and procedures for the compilation of
dossiers for consigning juvenile drug addicts to compulsory rehabilitation
establishments shall comply with the provisions in Chapter II of this Decree.
Article 17.- The order and procedures for the compilation of
dossiers and the rehabilitation duration for juveniles, who voluntarily apply
for admission to compulsory rehabilitation establishments shall comply with the
provisions in Article 11 and Article 12, Chapter III of this Decree.
Article 18.- Juvenile addicts who are detoxicated at
compulsory rehabilitation establishments shall be located in separate areas,
grouped in teams and given collective accommodations suitable to their ages,
gender, educational levels, and addiction nature and level.
The dormitories must be airy in summer and warm
in winter, ensuring environmental hygiene.
Article 19.- Juvenile addicts who are detoxicated at
compulsory rehabilitation establishments shall be subject to the management,
education and labor assignment by the compulsory rehabilitation establishments.
Article 20.- Juvenile addicts at compulsory rehabilitation
establishments who have not yet finished the universal primary education shall
have to further their primary education according to the programs prescribed by
the Ministry of Education and Training. For addicts with different educational
levels, depending on the practical capability and conditions, the
rehabilitation establishments may organize classes for them according to
regulations.
Article 21.-
1. Apart from the time for medical treatment and
study, juvenile addicts shall have to join in labor activities organized by
rehabilitation establishments. The rehabilitation establishments shall have to
arrange jobs suitable to their ages and health conditions so as to ensure their
normal physical, intellectual and moral development.
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3. The working time of juvenile addicts must not
be longer than the time for study and medical treatment. The working and
studying time shall not exceed seven hours a day. Juvenile addicts may be
employed to work overtime and at night only when it is really necessary and
according to the provisions of the labor legislation.
Article 22.- Juvenile addicts who are consigned to
compulsory rehabilitation establishments shall be provided with schooling fees,
medicines and job-training as well as other expenses during the time of
executing the decisions on consigning them to compulsory rehabilitation
establishments.
Article 23.- Monthly, the father, mother or lawful
representatives of juvenile addicts shall have to pay for their food; poor
families, beneficiaries of preferential treatment policies as prescribed by law
or people without any fixed residence places shall be considered for the
provision of monthly meal allowance.
Article 24.- The rehabilitation regime for juvenile drug
addicts who voluntarily apply for admission to compulsory rehabilitation
establishments shall comply with the provisions in this Chapter.
Chapter V
IMPLEMENTATION PROVISIONS
Article 25.- This Decree takes effect 15 days after its
signing. The previous provisions which are contrary to this Decree are hereby
annulled.
Article 26.- Drug addicts who are consigned to compulsory
rehabilitation establishments or their lawful representatives may lodge
complaints to the competent agencies about the consigning of the addicts to
compulsory rehabilitation establishments.
The competence, procedures and time limits for
settling complaints and denunciations about the consigning of drug addicts to
compulsory rehabilitation establishments shall comply with the provisions of
the legislation on complaints and denunciations.
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Article 28.- The ministers, the heads of the
ministerial-level agencies, the heads of agencies attached to the Government
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