Nghị định 34/2002/NĐ-CP về trình tự, thủ tục và chế độ cai nghiện đối với người nghiện ma tuý đưa vào cơ sở cai nghiện bắt buộc

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.

Article 2.- Compulsory rehabilitation establishments prescribed in this Decree are medical establishments set up under 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 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.

Article 5.- The district-level Labor, War Invalids and Social Affairs Offices shall have to coordinate with the police offices of the same level in assisting the presidents of the district-level People’s Committees in receiving and evaluating the dossiers.

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.-

1. Within four days as from the date of receiving the written requests of the Advisory Councils, the presidents of the district-level People’s Committees shall consider and decide on the consigning of the addicts to compulsory rehabilitation establishments.

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.

A dossiers of those who voluntarily apply for admission to compulsory rehabilitation establishments include:

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

REHABILITATION ORDER, PROCEDURES AND REGIMES FOR JUVENILE DRUG ADDICTS WHO ARE CONSIGNED TO COMPULSORY REHABILITATION ESTABLISHMENTS

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.

2. Juvenile addicts must not be employed to do heavy, hazardous and dangerous jobs which are on the list issued by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

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.

Article 27.- The Ministry of Labor, War Invalids and Social Affairs shall have to assume the prime responsibility and coordinate with the Ministry of Public Security, the Ministry of Finance and the Ministry of Health in guiding the implementation of this Decree.

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.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn