Decree 116/2021/ND-CP detailing regulations on drug addiction treatment and post-treatment management

DECREE

Detailing a number of articles of the Law on Drug Prevention and Control, Law on Handling of Administrative Violations on drug addiction treatment and post-treatment management

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Drug Prevention and Control dated March 30, 2021;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree detailing a number of articles of the Law on Drug Prevention and Control, Law on Handling of Administrative Violations on drug addiction treatment and post-treatment management.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Drug Prevention and Control and the Law on Handling of Administrative Violations on:

1. Operation conditions of public drug addiction treatment establishments; procedures for grant and revocation of operation licenses of voluntary drug addiction treatment establishments; procedures for registration and announcement of organizations and individuals qualified to provide services of family/community-based voluntary drug addiction treatment.

2. Process of drug addiction treatment.

3. Voluntary drug addiction treatment.

4. Compulsory drug addiction treatment for drug addicts aged full 18 years or older who are subject to the administrative remedy of consignment into compulsory drug addiction treatment establishments.

5. Compulsory drug addiction treatment for drug addicts aged between full 12 years and under 18 years.

6. Post-treatment management.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals participating in or related to drug addiction treatment and post-treatment management.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Drug addiction treatment service means an activity conducted by an organization or individual that fully meets the conditions prescribed by law in order to support drug addicts undergoing family/community-based voluntary drug addiction treatment.

2. Drug addiction treatment service contract means the agreement between an organization or individual providing drug addiction treatment service and a drug addict or a legal representative of drug addict aged between full 12 years and under 18 years on provision and use of voluntary drug addiction treatment service.

3. Failure to register for voluntary drug addiction treatment or failure to register for treatment of opioid addiction with alternatives means that a drug addict or a legal representative of drug addict aged between full 12 years and under 18 years, within 05 working days after being identified and notified by the competent authority as a drug addict, fails to register for voluntary drug addiction treatment or fails to register for treatment of opioid addiction with alternatives as prescribed by law. If it is not possible to comply with the above time limit due to a force majeure event, the time limit shall be redetermined from the termination of such force majeure event under the competent authority’s decision.

4. Failure to undergo voluntary drug addiction treatment or failure to undergo treatment of opioid addiction with alternatives means that a drug addict aged full 12 years or older, within 05 working days from the date of issuance of decision on voluntary drug addiction treatment or decision on treatment of opioid addiction with alternatives by the competent authority, fails to undergo registered drug addiction treatment. If it is not possible to comply with the above time limit due to a force majeure event, the time limit shall be redetermined from the termination of such force majeure event under the competent authority’s decision.

5. Arbitrary termination of voluntary drug addiction treatment process, termination of process of treatment of opioid addiction with alternatives means that the person undergoing voluntary drug addiction treatment, process of treatment of opioid addiction with alternatives does not comply with professional regulations on drug addiction treatment; leaves at his/her own will the drug addiction treatment establishment for 05 working days or more, fails to go to the establishment for treatment of opioid addiction with alternatives for 05 working days or more, or fails to comply with 10 continuous treatment courses without a good reason.

6. Addiction relapse means that the person completed voluntary drug addiction treatment, compulsory drug addiction treatment or completed treatment of opioid addiction with alternatives commits illegal drug use and is identified as a drug addict by the competent authority.

7. Having made remarkable progress means that persons undergoing the drug addiction treatment strictly abide by the rules, regulations and process of drug addiction treatment, actively work and study; not use illegal drugs, and are recognized by drug addiction treatment establishments, commune-level People's Committees where drug addicts register for drug addiction treatment.

8. Making merit means that persons undergoing drug addiction treatment have act of bravery in saving lives or property of the State, of the collective or of other people; have valuable technical innovations in labor and production, which are recognized by competent authorities at the provincial level or higher; have particularly outstanding achievements in the movement of “All people protect national security” and awarded certificates of merit from the public security or the People's Committee at the district level or higher.

9. Post-treatment management in the places of residence means a measure to support persons having undergone drug addiction treatment in addiction relapse prevention and control and integration into the community under the decision of the chairperson of the commune-level People's Committee in accordance with law.

Article 4. Principles of organization of drug addiction treatment, post-treatment management

1. Organization of drug addiction treatment and post-treatment management must comply with the provisions of the Law on Drug Prevention and Control, the Law on Handling of Administrative Violations, this Decree and other relevant laws.

2. During performance of drug addiction treatment and post-treatment management, agencies, organizations and individuals must respect the rights and obligations of persons undergoing drug addiction treatment and persons having undergone drug addiction treatment; keep personal information of persons undergoing drug addiction treatment and persons having undergone drug addiction treatment confidential; only provide relevant information to competent individuals, agencies and organizations.

3. The State ensures provision of resources for organization of voluntary and compulsory drug addiction treatment; adopt policies to encourage and support persons undergoing voluntary drug addiction treatment, persons having undergone drug addiction treatment, and organizations and individuals participating in drug addiction treatment and post-treatment management.

Article 5. Assurance of security and order, epidemic prevention and control and disease treatment at drug addiction treatment establishments

1. Upon the occurrence of complicated problems of security and order, disease prevention and control and disease treatment at the drug addiction treatment establishment, the drug addiction treatment establishment shall request combination of district-level public security or health center where the drug addiction treatment establishment is located for settlement.

2. In case of necessity or beyond the handling capacity of district-level agencies, the drug addiction treatment establishment shall report to the Department of Labor, Invalids and Social Affairs; then, the Department of Labor, Invalids and Social Affairs shall request the department of health and the public security at the provincial level to send personnel to coordinate with the drug addiction treatment establishment in settlement. In case any required agency does not send its personnel, it must reply in writing and clearly state the reasons.

Chapter II

OPERATION CONDITIONS OF PUBLIC DRUG ADDICTION TREATMENT ESTABLISHMENTS; PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF OPERATION LICENSES OF VOLUNTARY DRUG ADDICTION TREATMENT ESTABLISHMENTS; PROCEDURES FOR ANNOUNCEMENT OF ORGANIZATIONS AND INDIVIDUALS QUALIFIED TO PROVIDE SERVICES OF FAMILY/COMMUNITY-BASED VOLUNTARY DRUG ADDICTION TREATMENT

Section 1

OPERATION CONDITIONS OF PUBLIC DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 6. Conditions on physical foundations

Public drug addiction treatment establishments (hereinafter referred to as establishments) must ensure the following minimum conditions on physical foundations:

1. The establishments must be located at convenient locations for traffic access and access to health establishments; provided with electricity and clean water for daily life; with protection walls, nameplate of the establishments.

2. Physical foundations

a) Natural land area for each subject: 80 m²/subject in urban area, 100 m²/subject in rural area, 120 m²/subject in mountainous area;

b) Average room area is 06 m²/subject; for subjects with required care for 24/24, the average room area is 08 m²/subject.

3. The structure of building block of the drug addiction treatment establishments includes:

a) Administrative and management block includes: working areas, halls and accommodations of employees;

b) Residential block of the persons undergoing drug addiction treatment: organized under separate zones as prescribed in Clauses 2 and 3, Article 35 of the Law on Drug Prevention and Control;

c) Functional unit block includes: health care zone, education zone, psychotherapy zone, family-visiting room, therapeutic labor zone and production zone (if any);

d) Dining area, kitchen and warehouse;

dd) Playground, sports ground must have an area of at least 25% of total usable area of the establishment.

4. Other professional standards:

a) Construction works and equipment must be convenient and safe for drug addicts who are the disabled and persons aged between full 12 years and under 18 years; meet the conditions on environment, fire prevention and fighting according to the provisions of law;

b) The establishments must comply with health, hygiene, clothing and nutrition standards for persons undergoing drug addiction treatment; ensure that persons undergoing drug addiction treatment can access to culture, physical training, sports and recreation in accordance with traditions, beliefs and religions within the framework of Vietnamese law, age and characteristics of the subjects.

Article 7. Conditions on the establishment's equipment

1. Have equipment for reception, dining, accommodation and living activities of the persons undergoing drug addiction treatment and necessary equipment for professional activities under the drug addiction treatment process.

2. List of minimum equipment and means of drug addiction treatment establishments specified in Appendix I to this Decree.

Article 8. Conditions on personnel

1. Public employees of the drug addiction treatment establishments must have training majors in one of the following professions: medicine, pharmacy, social work, psychology, pedagogy, law, economics and other professions under the functions and tasks of the establishment, in which:

a) There is at least one person responsible for, in charge of, one stage of the drug addiction treatment process in Chapter III of this Decree, with appropriate professional qualifications;

b) The person in charge of health is a physician or doctor who has been trained in determination of state of drug addiction and drug addiction treatment.

2. Leadership and management positions, specialized professional titles, structure of public employees by professional titles and norms of number of people working at public drug addiction treatment establishments shall comply with the guidance of the Minister of Labor, Invalids and Social Affairs.

Section 2

PROCEDURES FOR GRANT, RE-GRANT AND REVOCATION OF OPERATION LICENSES OF VOLUNTARY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 9. Conditions for grant of operation licenses for voluntary drug addiction treatment

An establishment shall be granted operation license for voluntary drug addiction treatment (hereinafter referred to as drug addiction treatment establishment) when it fully meets the following conditions:

1. It is established, organized and operated in accordance with the provisions of law.

2. Its physical foundations meet the drug addiction treatment operation requirements as prescribed in Clauses 1, 2 and 4, Article 6 of this Decree and at Point e, Clause 3, Article 36 of the Law on Drug Prevention and Control. In case of leasing physical foundations, the remaining lease term must be at least 02 years from the time of submitting the application for operation license.

3. It is equipped with the required equipment and means according to the list specified in Appendix I to this Decree.

4. Personnel working at drug addiction treatment establishment must satisfy the conditions and standards specified in Clause 1, Article 8 of this Decree. The head or legal representative of the drug addiction treatment establishment must have university qualification or higher, have been provided training and further training in drug addiction treatment, or have experience in drug addiction treatment at drug addiction treatment establishments for at least 02 years.

5. It has financial plan to ensure the maintenance of drug addiction treatment activities of such drug addiction treatment establishment.

Article 10. Authority to grant, re-grant and revoke operation licenses

The Director of the Department of Labor, Invalids and Social Affairs shall grant, re-grant and revoke operation licenses for voluntary drug addiction treatment establishments in the respective geographical areas under their management.

Article 11. Dossiers, order and procedures for granting operation licenses

1. A dossier of request for grant of operation license includes:

a) Written request for grant of drug addiction treatment license for voluntary drug addiction treatment establishment, made according to Form No. 01, Appendix II of this Decree;

b) 01 copy of decision on establishment, approval of establishment or certificate of enterprise registration;

c) Written approval of the headquarters of the voluntary drug addiction treatment establishments of the chairpersons of the People's Committee of the district, town, city directly under the province or centrally run city (hereinafter referred to as district level) where the drug addiction treatment establishments are located, according to Forms No. 02a and 02b, Appendix II of this Decree;

d) Documents proving the satisfaction of conditions for physical foundations and equipment specified in Clauses 2 and 3, Article 9 of this Decree;

dd) 01 original list of employees according to Form No. 03, Appendix II, enclosed with copies of diplomas and certificates; 01 resume of the head or the legal representative, made according to Form No. 04, Appendix II of this Decree, 01 copy of certificate of completion of training, further training in drug addiction treatment, or certificate of working time at the drug addiction treatment establishment of the head, the legal representative of such establishment;

e) 01 copy of the establishment's financial plan for continuing drug addiction treatment according to Form No. 05, Appendix II of this Decree.

2. Order of implementation:

a) Voluntary drug rehabilitation establishment must send 01 set of documents specified in Clause 1 of this Article in person, by post or by electronic means to the Department of Labor, Invalids and Social Affairs. In case of sending dossiers by electronic means, the drug addiction treatment establishment shall keep all the originals of the dossiers and take responsibility before law for accuracy and truthfulness of such dossiers;

b) Within 15 working days from the date of receipt of complete and valid dossiers, the Director of the Department of Labor, Invalids and Social Affairs shall organize appraisal of dossiers, operating conditions and make decision on the grant of operation license for drug addiction treatment. In case of refusal to grant operation license, it must reply in writing, clearly stating the reasons.

3. Operation license for voluntary drug addiction treatment, made according to Form No. 06, Appendix II of this Decree, includes the following details: establishment name; organizational form of the establishment; full name of the head or the legal representative; locations of head office and establishments (if any); scope of performed drug addiction treatment services; the establishment's daily working hours.

Article 12. Conditions, dossiers, order and procedures for re-grant of operation licenses for drug addiction treatment

1. Drug addiction treatment establishments shall request the re-grant of drug addiction treatment license (hereinafter referred to as license) in one of the following cases:

a) Lost or damaged license;

b) Change of the head or the legal representative of the drug addiction treatment establishment;

c) Change of location of the head office of the voluntary drug addiction treatment establishment;

d) Expiration of time limit for operation suspension as prescribed in Article 13 of this Decree.

2. A dossier of request for re-grant of license includes:

a) Written request for re-grant of the license, made according to Form No. 01, Appendix II of this Decree;

b) 01 original copy of the drug addiction treatment establishment’s minutes on confirmation on license loss or damages, made according to Form No. 07, Appendix II of this Decree, for the case specified at Point a, Clause 1 of this Article;

c) 01 resume of the head or the legal representative of the drug addiction treatment establishment, made according to Form No. 04, Appendix II of this Decree, enclosed with diplomas and certificates as prescribed in Clause 4, Article 9 of this Decree, for the case specified at Point b, Clause 1 of this Article;

d) Documents proving the satisfaction of conditions on physical foundations and equipment at the new head office as prescribed in Clauses 2 and 3, Article 9 of this Decree, for the case specified at Point c, Clause 1 of this Article;

dd) Report on the results of remedying the suspension of operation of the drug addiction treatment establishment, for the case specified at Point d, Clause 1 of this Article, made according to Form No. 08, Appendix II of this Decree.

3. Order of implementation:

a) Voluntary drug rehabilitation establishment must send 01 set of documents specified in Clause 2 of this Article in person, by post or by electronic means to the Department of Labor, Invalids and Social Affairs. In case of sending dossiers by electronic means, the drug addiction treatment establishment shall keep all the originals of the dossiers and take responsibility before law for accuracy and truthfulness of such dossiers;

b) Within 10 working days from the date of receipt of complete and valid dossiers, the Director of the Department of Labor, Invalids and Social Affairs shall organize appraisal of dossiers, conditions specified in Clause 2 of this Article and make decision on the re-grant of operation license for drug addiction treatment. In case of refusal to re-grant operation license, it must reply in writing, clearly stating the reasons.

Article 13. Definite-term suspension of voluntary drug addiction treatment

1. A voluntary drug addiction treatment establishment shall have its drug addiction treatment activities suspended for a definite term in the following cases:

a) Fail to meet the operation conditions specified in Article 9 of this Decree;

b) Fail to provide services after 03 months from the date of grant of operation license;

c) Commit acts of violating the provisions of the law on drug addiction treatment;

d) Other cases as prescribed by law.

2. Under nature and seriousness of the violation, the Director of the Department of Labor, Invalids and Social Affairs shall decide to suspend the operation of the voluntary drug addiction treatment establishment for 3 to 6 months.

3. Procedures for suspension of voluntary drug addiction treatment:

a) Within 05 working days from the date of detecting violations as prescribed in Clause 1 of this Article, the Department of Labor, Invalids and Social Affairs shall make minutes according to Form No. 09, Appendix II and consider, decide to suspend voluntary drug addiction treatment according to Form No. 10, Appendix II of this Decree;

b) Drug addiction treatment establishment shall refund drug addiction treatment costs and exercise other lawful rights and interests of persons undergoing drug addiction treatment under the drug addiction treatment service contract when its operation is suspended.

4. Upon the expiration of the suspension period, the voluntary drug addiction treatment establishment must report the results of remedying the suspension to the Director of the Department of Labor, Invalids and Social Affairs where the suspension decision is issued. The re-grant of operation license shall comply with the provisions of Article 12 of this Decree.

Article 14. Revocation of operation license

1. The drug addiction treatment establishment's license shall be revoked in one of the following cases:

a) Have written request for suspension of drug addiction treatment according to Form No. 11, Appendix II of this Decree;

b) Fail to take remedial measures upon operation suspension as prescribed in Article 13 of this Decree;

c) Fail to fulfill the responsibilities specified in Clause 3, Article 36 of the Law on Drug Prevention and Control, causing serious material and spiritual damage to the persons undergoing drug addiction treatment;

d) After 06 months from the date of grant of the license, the voluntary drug addiction treatment establishment has not organized drug addiction treatment activities or ceased its operation for 06 consecutive months without reason, except the cases of having to suspend operations due to force majeure events; is dissolved or violates its obligations as prescribed by law.

2. Procedures for revocation of drug addiction treatment license:

a) Within 02 working days, the Director of the Department of Labor, Invalids and Social Affairs shall consider and decide to revoke the license of the drug addiction treatment establishment for the case specified at Point a, Clause 1 of this Article;

b) Within 05 working days from the date of detecting violations specified at Points b, c and d, Clause 1 of this Article, the Department of Labor, Invalids and Social Affairs shall make minutes according to Form No. 09, Appendix II and consider and decide to revoke the license of drug addiction treatment according to Form No. 12, Appendix II of the Decree.

c) The Director of the Department of Labor, Invalids and Social Affairs shall notify the revocation of the drug addiction treatment license to the Department of Health, the provincial-level public security, and the district-level People's Committee of the locality where the voluntary drug addiction treatment establishment’s head office is located and other relevant agencies.

3. Voluntary drug addiction treatment establishment shall refund drug addiction treatment costs and exercise other lawful rights and interests of persons undergoing drug addiction treatment under the drug addiction treatment service contract when its operation license is revoked.

Section 3

PROCEDURES FOR ANNOUNCEMENT OF ORGANIZATIONS AND INDIVIDUALS QUALIFIED TO PROVIDE SERVICES OF FAMILY/COMMUNITY-BASED VOLUNTARY DRUG ADDICTION TREATMENT

Article 15. Scope of voluntary drug addiction treatment service

1. Family/community-based voluntary drug addiction treatment services include:

a) Provision of counseling and support for drug addicts in formulating drug addiction treatment plans;

b) Detoxification, and treatment of mental disorders and other pathological signs for drug addicts;

c) Education, counseling, and behavioral rehabilitation for drug addicts;

d) Organization of therapeutic labor, vocational training and support for community integration for drug addicts.

2. Under the conditions specified in Article 16 of this Decree, organizations and individuals shall register to provide one or more services within the scope specified in Clause 1 of this Article.

Article 16. Conditions for providing services of family/community-based voluntary drug addiction treatment

Organizations and individuals providing family/community-based voluntary drug addiction treatment services must satisfy the following conditions:

1. Organizations are established, organized and operate in accordance with law; individuals are not during the period of being examined for penal liability or serving the criminal judgment of the court; not during the period of prohibition from practicing or working.

2. Conditions on physical foundations and equipment:

a) Have physical foundations to receive and provide drug addiction treatment services according to the registered service scope. In case of providing inpatient services, the establishment must satisfy the conditions for accommodation and other professional standards specified at Point b, Clause 2 and Clause 4, Article 6 of this Decree;

b) Have equipment to provide drug addiction treatment services as prescribed in Section A, Appendix I of this Decree.

3. Conditions on personnel:

a) There is at least 01 person in charge of providing the services, with appropriate professional qualifications and training;

b) Personnel must meet the conditions and standards specified in Clause 2, Article 8 of this Decree.

Article 17. Dossier, order of registration, announcement of organizations and individuals qualified to provide family/community-based voluntary drug addiction treatment services

1. Dossiers for registration of providing family/community-based voluntary drug addiction treatment services include:

a) Written request of organizations or individuals for announcement of eligibility to provide family/community-based voluntary drug addiction treatment services, made according to Form No. 13, Appendix II of this Decree;

b) 01 copy of decision on establishment, approval of establishment or certificate of enterprise registration (for service providers);

c) Documents proving the satisfaction of conditions for physical foundations and equipment for service provision;

d) 01 original list of employees according to Form No. 03, Appendix II, together with 01 copy of diplomas, certificates, and criminal records certified within 03 months at the time of submission of dossiers of each employee; resume of the head or the legal representative of the service provider, made according to Form No. 04, Appendix II of this Decree;

dd) Estimated process of providing family/community-based voluntary drug addiction treatment services.

2. Order of implementation:

a) Organizations and individuals send 01 set of dossiers in person, by post or by electronic means as prescribed in Clause 1 of this Article to the district-level People's Committee of the locality where the organization is headquartered or where the individual resides. In case of sending dossiers by electronic means, the organizations, individuals shall keep all the originals of the dossiers and take responsibility before law for accuracy and truthfulness of such dossiers;

b) Within 10 working days from the date of receipt of valid registration dossiers, the chairpersons of the district-level People's Committees shall organize appraisal and announce organizations and individuals eligible to provide services of family/community-based voluntary drug addiction treatment under Form No. 14, Appendix II of this Decree. In case of ineligibility for announcement, a written reply must be given clearly stating the reason.

3. The announcement of organizations and individuals eligible to provide family/community-based voluntary drug addiction treatment services must be publicly posted on the website of the district-level People's Committee, the head office of the commune-level People's Committee and announced on mass media in the locality.

Article 18. Suspension of provision of family/community-based voluntary drug addiction treatment services

1. Organizations and individuals providing family/community-based voluntary drug addiction treatment services shall be suspended for a definite time in the following cases:

a) Fail to meet the conditions for providing family/community-based voluntary drug addiction treatment services as prescribed in Article 16 of this Decree;

b) Fail to provide services after 06 months from the date of announcement;

c) Commit acts of violating the provisions of the law on drug addiction treatment;

d) Other cases as prescribed by law.

2. Under the nature and seriousness of the violation, the chairperson of the district-level People's Committee shall decide to suspend the provision of family/community-based voluntary drug addiction treatment services for 3 to 6 months.

3. Procedures for suspension of provision of voluntary drug addiction treatment services:

a) Within 05 working days from the date of detecting violations as prescribed in Clause 1 of this Article, the head of the Division of Labor, Invalids and Social Affairs shall make minutes according to Form No. 15, Appendix II of this Decree to report to the Chairperson of the district-level People's Committee. Within 05 working days from the date of making minutes, the chairperson of the district-level People's Committee shall consider and decide to suspend the provision of voluntary drug addiction treatment services according to Form No. 16, Appendix II of this Decree;

b) Organizations and individuals subject to operation suspension shall refund the cost of using drug addiction treatment services and exercise other lawful rights and interests of the persons undergoing drug addiction treatment under the drug addiction treatment service contract upon suspension.

4. Upon the expiration of the suspension period, organizations and individuals shall re-register and announce them according to the provisions of Article 19 of this Decree.

Article 19. Conditions, dossiers and order for re-announcement for organizations and individuals providing family/community-based voluntary drug addiction treatment services

1. Conditions on re-announcement:

a) Change of the legal representative of the service provider; change of the service provision location;

b) Expiry of the period of suspension of provision of voluntary drug addiction treatment services under the decision of the chairperson of district-level People's Committee.

2. Dossiers of request for re-announcement include:

a) Written request for re-announcement of organizations or individuals, made according to Form No. 13, Appendix II of this Decree;

b) Resume of the legal representative of the service-providing organization, made according to Form No. 04, Appendix II, enclosed with diplomas, certificates, and criminal records or new head office location of the service provider for the case specified at Point a, Clause 1 of this Article; report on the results of remedying the suspension of service provision in the case specified at Point b, Clause 1 of this Article, under Form No. 17, Appendix II of this Decree.

3. Within 10 working days from the date of receipt of valid dossiers, the chairpersons of district-level People's Committees shall appraisal and re-announce organizations and individuals eligible to provide family/community-based voluntary drug addiction treatment services under Form No. 14, Appendix II of this Decree. In case of ineligibility for announcement, a written reply must be given clearly stating the reason.

4. The re-announcement of organizations and individuals eligible to provide family/community-based voluntary drug addiction treatment services must be publicly posted on the website of the district-level People's Committee, the head office of the commune-level People's Committee and announced on mass media in the locality.

Article 20. Order of registration and announcement of voluntary drug addiction treatment establishments and public drug addiction treatment establishments

1. Voluntary drug addiction treatment establishments and public drug addiction treatment establishments shall send written request for announcement of eligibility to provide family/community-based voluntary drug addiction treatment services to the chairpersons of the district-level People's Committees of the localities where the services are expected to be provided.

2. The chairpersons of the district-level People's Committees shall make the announcement in accordance with Clause 2, Article 17 of this Decree.

Article 21. Order and assignment of provision of family/community-based voluntary drug addiction treatment services to public non-business units

1. Based on the demand for family/community-based voluntary drug addiction treatment and the functions, tasks and actual conditions, the chairpersons of the district-level People's Committees shall decide to order and assign public non-business units under their management to provide one or more family/community-based voluntary drug addiction treatment services according to Form No. 18, Appendix II of this Decree.

2. Public non-business units under order or assignment to provide family/community-based voluntary drug addiction treatment services must satisfy the conditions of physical foundations, equipment and personnel as prescribed in this Decree and current regulations on bidding, ordering and assigning tasks to provide the state budget-based public products and services.

3. Chairpersons of the district-level People's Committees shall arrange resources for selected public non-business units and publicly notify the list of such public non-business units on the website of the district-level People's Committees, headquarters of commune-level People's Committees and announce on mass media in the locality.

Chapter III

PROCESS OF DRUG ADDICTION TREATMENT

Article 22. Receipt and classification

1. Carry out procedures for receiving persons undergoing drug addiction treatment according to the rules and regulations of drug addiction treatment establishments and voluntary drug addiction treatment service providers.

2. Collect personal information of drug addicts to advise on formulating drug addiction treatment plans, including: age, gender, health status, type of drug used, level of use, educational qualifications, occupation and other issues of the drug addicts and their families according to Form No. 19 Appendix II of this Decree.

3. Provide information on drug addiction treatment methods, drug addiction treatment programs; counsel and answer questions for drug addicts.

4. Classify subjects and advice on formulating drug addiction treatment plans according to Form No. 20, Appendix II of this Decree.

Article 23. Detoxification, and treatment of mental disorders and other pathological signs

1. Examine and develop medical records for drug addicts; Pay attention to signs of mental disorders, opportunistic illnesses.

2. Determine the type of drug and drug dosage used by drug addicts to develop a treatment regimen for detoxification according to the guidance of the Ministry of Health.

3. Perform psychological counseling for drug addicts before detoxification.

4. Implement treatment regimens according to regulations and professional guidelines of the Ministry of Health. Combine the use of drugs with psychological measures and physical therapy and rehabilitation measures; combine detoxification with treatment of mental disorders and other opportunistic illnesses.

Article 24. Education, counseling, and behavioral rehabilitation

1. Organize education, and learning of topics: civic education, health and community, law, ethics, national traditions and other relevant topics in accordance with the number and qualifications of persons undergoing drug addiction treatment.

2. Organize psychotherapy activities to treat mental disorders, improve life skills, life values, positive thinking, self-management skills for persons undergoing drug addiction treatment.

3. Combine study and therapy with counseling and encouraging persons undergoing drug addiction treatment to participate in daily labor activities at the establishment to create awareness and good habits in daily life.

4. Organize and perform cultural activities, sports, programs of collective activities, physical games for persons undergoing drug addiction treatment.

Article 25. Therapeutic labor, vocational training

1. Organize therapeutic labor activities to help persons undergoing drug addiction treatment improve their physical and mental health, enhance their sense of organization and discipline at work, improve their self-reliance and help persons undergoing drug addiction treatment to realize the value of labor.

2. Based on the number, health, age, gender, qualifications, time, and aspirations of persons undergoing drug addiction treatment, organize career orientation and vocational training activities under the actual conditions at the establishments according to the Law on Vocational Education.

Article 26. Preparation for community reintegration.

1. Assess the results of the implementation of the drug addiction treatment plan by the objectives; assess physical and mental health status of persons undergoing drug addiction treatment;

2. Determine the place of residence of the persons undergoing drug addiction treatment to prepare for the implementation of post-treatment management measures; advise measures on drug addiction relapse prevention and control for persons undergoing drug addiction treatment; skills to refuse to use drugs upon community reintegration.

3. Provide information on community-based post-treatment management measures and the state's integration support policies for persons having undergone drug addiction treatment; introduce, provide information, address of social work services, local peer groups for persons undergoing drug addiction treatment.

4. Disseminate policies, laws, information on socio-economic situation, labor market, counseling, life skills education, support psychological issues, support legal procedures to equip with necessary knowledge and improve the ability of persons undergoing drug addiction treatment to self-solve difficulties and problems.

5. Guide persons undergoing drug addiction treatment to develop community reintegration plans according to Form No. 21, Appendix II of this Decree. The plans should identify the goals and aspirations of the persons undergoing drug addiction treatment, the actual situation, the support of resources, the own capacity of persons undergoing drug addiction treatment, choose jobs suitable to their health and working skills.

Article 27. Development and implementation organization of the drug addiction treatment process

1. Develop and issue drug addiction treatment process under the provisions of Articles 22, 23, 24, 25 and 26 of this Decree and physical foundations, equipment, personnel of the drug addiction treatment establishments and units.

2. The drug addiction treatment process must be consistent with the classification of drug addicts, the drug addiction treatment period of subjects, age, gender, health and qualifications of the persons undergoing drug addiction treatment.

Chapter IV

VOLUNTARY DRUG ADDICTION TREATMENT

Section 1

PROCEDURES FOR REGISTRATION OF DRUG ADDICTION TREATMENT AND ORGANIZATION OF FAMILY/COMMUNITY-BASED VOLUNTARY DRUG ADDICTION TREATMENT

Article 28. Registration of voluntary drug addiction treatment, treatment of opioid addiction with alternatives

1. Within 05 working days from the date of receipt of results of determination of drug addiction from the competent authority, drug addicts aged full 12 years or older (hereinafter referred to as drug addicts) must register voluntary drug addiction treatment or register treatment of opioid addiction with alternatives at the commune-level People's Committees of the localities where such persons reside. In case, the person has no stable place of residence, such person must register at the commune-level People's Committee of the locality where such person commits illegal acts and conducts drug addiction treatment at public drug addiction treatment establishment after having decision of the competent authority.

2. Procedures and dossiers for registration of treatment of opioid addiction with alternatives shall comply with the regulations of the Government. Within 5 working days after the drug addicts participate in treatment or terminate treatment, the opioid addiction treatment establishment shall notify the chairpersons of the commune-level People's Committees of the locality where the drug addicts register to manage or prepare dossiers of requesting the application of compulsory drug addiction treatment measures.

3. Voluntary drug addiction treatment locations:

a) At family, community;

b) At public drug addiction treatment establishments or voluntary drug addiction treatment establishments.

4. A dossier for registration of voluntary drug addiction treatment includes:

a) 01 registration form for voluntary drug addiction treatment according to Form No. 22 Appendix II of this Decree;

b) 01 copy of the result sheet on determination of state of drug addiction issued by the competent agency;

c) 01 copy of one of the identification papers: citizen identification card or identity card, passport, birth certificate (for persons aged between full 12 years and under 18 years) of drug addicts.

5. Procedures for registration of voluntary drug addiction treatment:

a) Drug addicts, legal representatives of drug addicts aged between full 12 years and under 18 years shall submit 01 set of dossiers as prescribed in Clause 4 of this Article at the commune-level People's Committee's point of receiving registration for drug addiction treatment; produce the original of the identification papers for comparison.

b) The recipient shall check the dossiers, compare the identification papers and enter the code of voluntary drug addiction registration according to Form No. 23, Appendix II of this Decree. In case of invalid dossiers, the recipient shall guide the registrant to complete and supplement the application for registration of voluntary drug addiction treatment.

Article 29. Receipt of registration for voluntary drug addiction treatment

1. Chairpersons of the commune-level People's Committees shall arrange locations, personnel to receive dossiers, guide the registration of voluntary drug addiction treatment.

2. The place to receive registration for voluntary drug addiction treatment must have necessary equipment for reception and record keeping.

Article 30. Decision on family/community-based voluntary drug addiction treatment or decision on treatment of opioid addiction with alternatives

1. Within 03 working days from the date of receiving registration for voluntary drug addiction treatment, registration for treatment of opioid addiction with alternatives, the commune-level public security office shall assist the Chairperson of same-level People’s Committee in assessment of drug addiction treatment registration dossiers, submit to the Chairperson of the commune-level People's Committee for decision on family/community-based voluntary drug addiction treatment or treatment of opioid addiction with alternatives.

2. Decision on family/community-based voluntary drug addiction treatment or treatment of opioid addiction with alternatives according to Form No. 24, Appendix II of this Decree must be sent to persons undergoing drug addiction treatment and their families, units providing family/community-based voluntary drug addiction treatment services and related organizations and individuals for implementation.

Article 31. Implementation of family/community-based voluntary drug addiction treatment

1. Persons undergoing drug addiction treatment, legal representatives of the persons undergoing drug addiction treatment shall:

a) Carry out drug addiction treatment according to the decision of the chairperson of the commune-level People's Committee;

b) Coordinate with organizations and individuals providing voluntary drug addiction treatment services and voluntary drug addiction treatment establishments to complete the drug addiction treatment plan and implement the drug addiction treatment plan with the professional support of the organizations or individuals providing services and family support. Comply with guidance of specialized agency in the process of implementing the individual's drug addiction treatment plan;

c) Pay the cost of using voluntary drug addiction treatment services to organizations and individuals providing services under service use contracts.

2. Families and legal representatives of persons undergoing voluntary drug addiction treatment shall:

a) Manage, support and encourage persons undergoing drug addiction treatment to implement drug addiction treatment plans;

b) Create material and spiritual conditions for persons undergoing drug addiction treatment to recover their health and psychology; implement appropriate support, intervention and protection measures in accordance with the law on child protection in participating in learning (for those aged under 18 years), vocational training, create jobs, livelihoods to help persons undergoing drug addiction treatment in society, community integration;

c) Pay drug addiction treatment costs under the contract of using drug addiction treatment services (for persons aged between full 12 years and under 18 years).

3. Organizations and individuals providing services of family/community-based voluntary drug addiction treatment, and voluntary drug addiction treatment establishments shall:

a) Publicly and transparently announce the service type, the service performance process, and the service provision price for persons undergoing drug addiction treatment and families of drug addicts;

b) Receive, advise and guide persons undergoing drug addiction treatment in developing drug addiction treatment plans under the drug addiction treatment process specified in Chapter III of this Decree;

c) Strictly comply with professional regulations according to the drug addiction treatment process, take responsibility for the quality of provided services;

d) Notify the commune-level People's Committee such persons have registered for family/community-based voluntary drug addiction treatment when the persons undergoing drug addiction treatment use the service or voluntarily terminate the service use or complete the service.

Article 32. Contents of family/community-based voluntary drug addiction treatment management of the commune-level People's Committees

1. Guidance on the implementation of family/community-based voluntary drug addiction treatment:

a) Propagate and disseminate to the people about policies and laws on drug prevention and control and drug addiction treatment; subjects, order and procedures for registration of family/community-based voluntary drug addiction treatment;

b) Review and make statistics on the number of drug addicts to develop voluntary drug addiction treatment management plan; mobilize the Vietnam Fatherland Front and its member organizations, voluntary social work teams and volunteers in the locality to participate in management and support of persons undergoing voluntary drug addiction treatment;

c) Make a list of persons undergoing voluntary drug addiction treatment; assign staff to manage, monitor and evaluate results for persons undergoing family/community-based voluntary drug addiction treatment;

d) At the drug addiction treatment registration point, publicly notify list of organizations and individuals eligible to provide family/community-based voluntary drug addiction treatment services, and voluntary drug addiction treatment establishments. Request the organization and individuals providing drug addiction treatment services to publicly and transparently notify the following contents: service type, service performance process, service price;

dd) Create conditions for persons undergoing drug addiction treatment to participate in activities of mass organizations and social organizations in the locality; prioritize activities creating jobs and livelihoods for persons undergoing family/community-based voluntary drug addiction treatment.

2. Management of persons undergoing family/community-based voluntary drug addiction treatment when they change their place of residence:

a) Upon of change of place of residence, persons undergoing family/community-based voluntary drug addiction treatment must notify to the chairpersons of the commune-level People's Committees where voluntary drug addiction treatment decisions are made;

b) Chairpersons of the commune-level People's Committees of the locality from which they leave shall transfer dossiers of persons undergoing voluntary drug addiction treatment to the chairpersons of the commune-level People's Committees of the locality to which they move for continuing management and support.

A dossier includes: written request for continuing management and support for persons undergoing family/community-based voluntary drug addiction treatment under Form No. 25, Appendix II of this Decree; decision on voluntary drug addiction treatment.

c) Commune-level public security offices shall assist the chairpersons of the same-level People's Committees in implementation of Points a and b, Clause 2 of this Article.

3. Grant of certificate of completion of family/community-based voluntary drug addiction treatment:

a) At the end of the voluntary drug addiction treatment period, the person assigned to monitor and manage the person undergoing drug addiction treatment shall evaluate the results of voluntary drug addiction treatment and request the chairperson of the commune-level People's Committee to grant certificate of completion of family/community-based voluntary drug addiction treatment;

b) Certificate of completion of family/community-based voluntary drug addiction treatment is made according to Form No. 26a, Appendix II of this Decree, 01 copy is sent to the person undergoing drug addiction treatment, her/his family (for persons aged between full 12 years and under 18 years), 01 copy is sent to the commune-level public security office for post-treatment management.

Article 33. Handling of cases of violations of the law on voluntary drug addiction treatment

1. Chairperson of commune-level People's Committee or Chief of commune-level public security shall make record of violations according to Form No. 27, Appendix II of this Decree as a basis for preparation of dossiers for consignment into compulsory drug addiction treatment establishments in the following cases:

a) Drug addicts who do not register for voluntary drug addiction treatment;

b) Persons who have had a decision on family/community-based voluntary drug addiction treatment but fail to undergo drug addiction treatment or terminate at their own will the voluntary drug addiction treatment process;

c) Illegal drug users during voluntary drug addiction treatment;

d) Drug addicts who fail to undergo or terminate treatment at their own will when registering for treatment of opioid addiction with alternatives.

2. Dossier and order of requesting the application of compulsory drug addiction treatment measures shall comply with the provisions of Section 1, Chapter V of this Decree.

Article 34. Conditions for organization of family/community-based voluntary drug addiction treatment and support regime for people undergoing voluntary drug addiction treatment

1. Based on the number of persons undergoing voluntary drug addiction treatment, the chairperson of the commune-level People's Committee shall assign at least 01 person to perform psychological counseling, social work, management, and support for persons undergoing family/community-based voluntary drug addiction treatment.

2. Funds for investment, renovation and upgrading of physical foundations, procurement of equipment for point of receiving registration for voluntary drug addiction treatment under the commune-level People's Committee, public non-business units providing family/community-based drug addiction treatment services shall comply with the law on public investment, state budget, management and use of public property and current regulations on financial autonomy mechanism applicable to public non-business units.

3. Funds of preparation, review and approval of dossiers for registration of voluntary drug addiction treatment; support for the persons in charge of psychological counseling, social work, the persons in charge of management of and support for the persons undergoing family/community-based drug addiction treatment, and other funds to serve the organization of family/community-based voluntary drug addiction treatment shall be paid by the State budget according to the decentralization of the Law on State Budget.

4. Support regime:

a) Commune-level persons in charge of psychological counseling, social work, management, and support for persons undergoing family/community-based voluntary drug addiction treatment, persons subject to post-treatment management shall receive monthly remuneration. The maximum remuneration is 0.6 (zero point six) times of the current base salary;

b) Upon completing at least 03 stages as prescribed in Articles 22, 23 and 24 of this Decree, persons undergoing family/community-based voluntary drug addiction treatment will receive the State’s one-time support of drug addiction treatment expenses, with the minimum amount equal to the current base salary.

5. Expenditure contents and levels are specified in Clauses 3 and 4 of this Article under the guidance of the Ministry of Finance.

Section 2

PROCEDURES FOR RECEIVING AND PERFORMING VOLUNTARY DRUG ADDICTION TREATMENT AT DRUG ADDICTION TREATMENT ESTABLISHMENTS AND SUPPORT REGIMES FOR PERSONS UNDERGOING VOLUNTARY DRUG ADDICTION TREATMENT

Article 35. Procedures for receiving persons undergoing voluntary drug addiction treatment at drug addiction treatment establishments

1. Drug addicts aged full 12 years or older with drug addiction treatment demand may receive voluntary drug addiction treatment at drug addiction treatment establishments.

2. A dossier of receipt of voluntary drug addiction treatment at drug addiction treatment establishments includes:

a) 01 registration form for voluntary drug addiction treatment according to Form No. 22, Appendix II of this Decree;

b) 01 copy of one of the identification papers: citizen Identification card, identity card, passport or birth certificate (for persons aged between full 12 years and under 18 years) of persons undergoing drug addiction treatment.

3. Order of implementation:

a) Drug addicts aged full 18 years, legal representatives of drug addicts aged between full 12 years and under 18 years shall submit 01 set of dossiers as prescribed in Clause 2 of this Article at drug addiction treatment establishments; produce the original of one of the identification papers for comparison;

b) Drug addiction treatment establishments shall receive dossiers, check, compare and advise drug addiction treatment plans; provide information on drug addiction treatment services available at the establishments, cost of using the establishments' drug addiction treatment services, other expenses, contributions and support regime for persons undergoing drug addiction treatment (if any);

c) Drug addicts or legal representatives of the drug addicts aged between full 12 years and under 18 years and the representatives of the drug addiction treatment establishments shall reach an agreement and sign the drug addiction treatment service contract;

d) For drug addiction treatment service contract: 01 copy is sent to drug addicts, legal representatives of drug addicts aged between full 12 years and under 18 years, 01 copy is sent to the commune-level People's Committees of the localities where persons undergoing drug addiction treatment register for voluntary drug addiction treatment according to regulations.

Article 36. Voluntary drug addiction treatment service contract

1. Drug addiction treatment service contract includes the following main contents:

a) Subject of the contract: organizations and individuals providing drug addiction treatment service and drug addicts or legal representatives of drug addicts aged between full 12 years and under 18 years on provision and use of voluntary drug addiction treatment service;

b) Object of the contract (type of service, form of service provision, time and location of drug addiction treatment, etc.);

c) Service use price, form;

d) Rights and obligations of drug addiction treatment establishments and persons undergoing drug addiction treatment in providing and using drug addiction treatment services;

dd) Liability for breach of contract; cases of compensation for damage, reduction of service use costs; cases of unilateral termination of the performance of the service contract or renewal of the service contract;

e) Date of validity and termination of the contract.

2. Form of drug addiction treatment service contract shall be according to Form No. 28, Appendix II of this Decree.

Article 37. Performance of drug addiction treatment service contract

1. Drug addicts aged full 18 years or older or legal representatives of drug addicts aged between full 12 years and under 18 years shall:

a) Make sure that persons undergoing drug addiction treatment are present at drug addiction treatment establishments during the entire period of service use under the signed contract;

b) Comply with the internal rules, regulations, and instructions and professional regulations of drug addiction treatment establishments;

c) Pay the cost of using drug addiction treatment services under the contract.

2. Drug addiction treatment establishments shall:

a) Receive, classify and advise on the formulation of drug addiction treatment plans according to the drug addiction treatment process specified in Chapter III of this Decree. Organize drug addiction treatment and provide drug addiction treatment services under signed contracts;

b) Strictly comply with professional regulations, take responsibility for the quality of provided services;

c) Notify in writing to the commune-level People's Committees of the localities where such persons register for family/community-based voluntary drug addiction treatment when the persons undergoing drug addiction treatment use the service or voluntarily terminate the use of the service.

Article 38. End of drug addiction treatment service contract

1. Before the end of the period of providing drug addiction treatment services under the contract, the drug addiction treatment establishments shall evaluate the results of drug addiction treatment; coordinate with persons undergoing drug addiction treatment or legal representatives of drug addicts aged between full 12 years and under 18 years to carry out procedures for contract liquidation in accordance with law.

2. Directors (or the heads) of drug addiction treatment establishments shall issue certificates of completion of voluntary drug addiction treatment to drug addicts according to Form No. 26b, Appendix II of this Decree.

The certificates must be sent to drug addicts, parents or guardians, legal representatives of drug addicts, commune-level People's Committees of the localities where persons undergoing drug addiction treatment register for voluntary drug addiction treatment to carry out post-treatment management.

3. For persons undergoing drug addiction treatment aged between full 12 years and under 18 years, drug addiction treatment establishments shall notify and handover persons undergoing drug addiction treatment to their parents or guardians or legal representatives.

Article 39. Regimes and policies for persons undergoing voluntary drug addiction treatment at drug addiction treatment establishments

1. The State shall pay expenses for medicines for detoxification, and treatment of mental disorders for persons undergoing voluntary drug addiction treatment at public drug addiction treatment establishments.

2. The State shall support 95% of expenses of drug addiction treatment and common medicines for the following subjects:

a) Veterans;

b) Persons infected with toxic chemicals and with their working capacity reduced by 81% or higher;

c) Persons subject to poor households;

d) Lonely old people without support;

dd) Orphaned children;

e) People with severe and especially severe disabilities.

3. Provincial-level People's Councils, based on their ability to balance the budget and quantity of participants in voluntary drug addiction treatment at public establishments under their management shall decide:

a) The higher support level, the subjects extended beyond the regime specified in Clauses 1 and 2 of this Article;

b) Level of support for monthly meals, clothing and personal-use items is at least 70% of the norm for drug addicts subject to the administrative remedy of consignment into compulsory drug addiction treatment establishments;

c) Level of support for accommodation for drug addicts participating in voluntary drug addiction treatment at voluntary drug addiction treatment establishments.

4. Funds for the implementation of regimes and policies for persons undergoing voluntary drug addiction treatment at drug addiction treatment establishments shall be paid by the local budget according to the decentralization of the Law on State Budget.

5. Expenditure contents and levels are specified in this Article under the guidance of the Ministry of Finance.

Chapter V

COMPULSORY DRUG ADDICTION TREATMENT

Section 1

PROCEDURES FOR PREPARRATION OF DOSSIERS OF REQUEST FOR APPLICATION OF THE ADMINISTRATIVE REMEDY OF CONSIGNMENT INTO COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 40. Prepare dossiers of request for application of the remedy of consignment into compulsory drug addiction treatment establishments (hereinafter referred to as dossiers of request)

1. Within 05 working days from the date of detection of drug addicts specified in Article 32 of the Law on Drug Prevention and Control, competent agencies shall prepare dossiers of request for application of the remedy of consignment into compulsory drug addiction treatment establishments according to the provisions of Article 103 of the Law on Handling of Administrative Violations (amended and supplemented in 2020).

2. The identification of drug addicts without stable place of residence shall comply with the provisions of the Decree detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control.

Article 41. Components of dossiers of request

1. For drug addicts with stable residence:

a) 01 resume of the person proposed to apply the remedy of consignment into compulsory drug addiction treatment establishments according to Form No. 30, Appendix II of this Decree;

b) 01 minutes of violation of one of the illegal acts on registration of drug addiction treatment, family/community-based voluntary drug addiction treatment, post-treatment management, and treatment of opioid addiction with alternatives according to Form No. 27, Appendix II of this Decree;

c) 01 copy of the result sheet on determination of state of drug addiction issued by the competent agency;

d) 01 report of the person proposed to apply the remedy of consignment into compulsory drug addiction treatment establishments according to Form No. 31, Appendix II of this Decree;

dd) Chairpersons of the commune-level People's Committees, the public security offices shall prepare dossiers of request for application of the remedy of consignment into compulsory drug addiction treatment establishments and make a written request according to Form No. 29, Appendix II of this Decree enclosed with the documents specified at Points a, b, c and d, Clause 1 of this Article and other relevant documents (if any).

2. For drug addicts without stable place of residence:

a) Documents specified in Clause 1 of this Article;

b) Document on identification of the drug addict without stable place of residence, issued by the competent public security office.

Article 42. Notice of preparation of dossiers and transfer of dossiers of request

1. After completing the preparation of dossiers of request, the dossier-making agency specified in Article 40 of this Decree shall notify in writing the preparation of dossiers of request for application of compulsory drug addiction treatment measures, enclosed with 01 copy of dossier set according to Form No. 32, Appendix II of this Decree to drug addicts or their legal representatives.

2. Written notice of the preparation of dossiers of request for application of the measure of consignment into compulsory drug addiction treatment establishments includes the following basic contents:

a) Full name of the violator;

b) Reason for preparing dossiers of request;

c) Right of the person to be notified;

d) Time limit for reading the dossiers.

3. Within 03 working days from the date of receiving the notice, the drug addicts or their legal representatives have the right to read the records and take notes of the necessary contents.

4. Within 01 working day from the date of expiration of reading the dossiers

a) The provincial-level public security office shall send written request enclosed with the dossiers to the head of the Division of Labor, Invalids and Social Affairs of the locality where the person requested to apply the measure commits a violation; the district-level public security office, the chairperson of the commune-level People's Committee shall send written request enclosed with the dossiers to the head of the Division of Labor, Invalids and Social Affairs of the locality where the dossiers of request are made.

b) The dossiers of request shall be numbered and made in two copies, the original is sent to the head of the Division of Labor, Invalids and Social Affairs, other copy is archived at the dossier-making agency in accordance with the law on archiving.

Article 43. Order of consideration and decision on the transfer of dossiers of request for application of the remedy of consignment into compulsory drug addiction treatment establishments

1. Within 02 working days from the date of receipt of the dossiers of request from the dossier-making agency, the head of Division of Labor, Invalids and Social Affairs shall check and compare the composition of the dossiers of request according to the provisions of Article 41 of this Decree.

a) In case of valid dossiers, the head of the Division of Labor, Invalids and Social Affairs shall transfer the dossiers to the district-level People's Court for consideration and decision on application of the remedy of consignment into compulsory drug addiction treatment establishments;

b) In case of invalid dossiers, the head of the Division of Labor, Invalids and Social Affairs shall return the dossiers to the dossier-making agency for supplement according to Form No. 33, Appendix II of this Decree; duration of supplement is 2 working days from the date of receipt of the dossiers.

Within 02 working days from the date of receipt of additional documents, the head of the Division of Labor, Invalids and Social Affairs shall transfer the dossiers to the district-level People's Court for consideration and decision on application of the remedy of consignment into compulsory drug addiction treatment establishments.

2. Dossiers to request the district-level People's Court to consider application of the remedy of consignment into compulsory drug addiction treatment establishments:

a) Written request of the head of the Division of Labor, Invalids and Social Affairs for consideration and application of the remedy of consignment into compulsory drug addiction treatment establishments shall be sent to the same level People's Court. The document must specify the name of the compulsory drug addiction treatment establishments that the person proposed to apply this remedy according to Form No. 34, Appendix II of this Decree;

b) Dossiers of request of application for the remedy of consignment into compulsory drug addiction treatment establishments specified in Article 41 of this Decree.

The dossiers of request shall be numbered and made into 02 copies, the original is transferred to the district-level People's Court, other copy is archived at the Division of Labor, Invalids and Social Affairs in accordance with the law on archiving.

3. In case the Court makes a written request for clarification of a number of contents in the dossier, within 2 working days from the date of receipt of the Court's written request, the head of the Division of Labor, War Invalids and Social Affairs is responsible for coordinating with the dossier-making agency in making a written reply, clearly stating the reason.

Section 2

MANAGEMENT OF DRUG ADDICTS DURING PENDING COMPLETION OF PROCEDURES FOR REQUEST FOR CONSIGNMENT INTO COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 44. Subjects under management

1. Drug addicts during pending completion of procedures for request for consignment into compulsory drug addiction treatment establishments shall be subject to management measures in one of two forms specified in Article 45 of this Decree.

2. The management time limit is counted from the time of making the dossier until the competent person sends the subject to apply the remedy of consignment into compulsory drug addiction treatment establishments according to the decision of the Court.

3. Management period at the compulsory drug addiction treatment establishments or the centers, the establishments receiving the social subjects for the subjects specified in Clause 1 of this Article shall be deducted from the compulsory drug addiction treatment period.

Article 45. Forms of management

1. Family-based management shall be applied to drug addicts with stable place of residence, and their families (father, mother, spouse, siblings aged full 18 years or older) agree to manage and the representative of their families confirms in writing under Form No. 35, Appendix II of this Decree

2. Management at compulsory drug addiction treatment establishments or centers or establishments receiving the social subjects (hereinafter referred to as management establishments) shall be applied to drug addicts who do not have a stable place of residence or have stable place of residence but their families (father, mother, spouse, siblings aged full 18 years or older) do not agree to manage, the representative of their families confirms in writing under Form No. 35, Appendix II of this Decree.

Article 46. Management decision

1. Under the provisions in Articles 44 and 45 of this Decree, the dossier-making agency shall decide to assign management of the drug addicts during the preparation of dossiers to compulsory drug addiction treatment establishments, according to Form No. 36, Appendix II of this Decree. This decision must be sent immediately to drug addicts, drug addicts' families, and management establishments for implementation.

2. The decision must clearly state: date of the decision; full name and position of the decider; full name, date of birth, place of residence of the person in charge of management or name and address of the management establishment; full name, date of birth, place of residence of the manager; reasons, time limits, responsibilities of the manager, responsibilities of the manager or managing agency or organization, and responsibilities of commune-level People’s Committee of the locality where the subject resides.

Article 47. Execution of management decisions

1. The agency making management decisions shall bring drug addicts to management establishments. In case the drug addict is in state of mental disorder or has disease requiring treatment, he/she must be taken to medical establishment for stable treatment before handing over to the management establishment.

2. Handover dossiers include:

a) Management decision according to the provisions of Article 46 of this Decree;

b) Resume of the subject, certified by the dossier-making agency.

3. Handover procedures:

a) The representative of the agency issuing the management decision shall hand over the person under management;

b) The representative of the management establishment shall compare people, documents and make minutes of handover according to Form No. 37, Appendix II of this Decree. The minutes must be sent to the commune-level People's Committee of the locality where the subject resides or the place where the subject commits a violation, where the agency makes dossier.

Article 48. Responsibilities of families, management establishments and drug addicts during the management period

1. Families, agencies and organizations assigned to manage drug addicts have the following responsibilities:

a) Not let the person under management continue to violate the law;

b) Ensure the presence of the person under management upon decision on consignment into compulsory drug addiction treatment establishments;

c) Promptly report to the competent agency or person that has issued the decision to assign the management in case the person under management escapes or commits illegal acts;

d) Management establishments are responsible for management, education, counseling, treatment of withdrawal syndrome, treatment of mental disorders and other diseases for drug addicts.

2. Drug addicts under management shall:

a) Strictly abide by the provisions of law on temporary residence and temporary absence; when leaving the commune, ward or township to stay in another locality, they must notify the family, agency or organization in charge of management of the address and duration of temporary stay there;

b) Be present at the head office of the dossier-making agency when requested.

c) Comply with the rules and regulations of the management establishment.

3. The agency making decision on management of drug addicts shall:

a) Notify families, management establishments and drug addicts of their rights and obligations during the management period;

b) Take measures to support families, management establishments in supervising drug addicts during the management period;

c) Upon receiving notice of drug addicts' escape or illegal acts, the management decision-making agency must take handling measures according to its competence or notify in writing the competent handling agency according to the provisions of the law.

4. Upon receiving notice of drug addicts' escape, the management decision-making agency must coordinate with the management establishments and the drug addicts' families to track down and apply necessary coercive measures as prescribed by law to bring the subject back to the place of management.

In case of escape of the drug addicts under the management of their families, the management decision-making agency shall cancel the decision on family-based management of drug addicts and apply the management form at the management establishments.

Article 49. Assurance of physical foundations and personnel for the management of drug addicts at compulsory drug addiction treatment establishments, centers, and establishments for receiving social subjects, and regimes for those under management

1. Based on the actual situation of the locality, the chairperson of the provincial-level People's Committee shall assign the drug addicts management during pending completion of procedures for request for consignment into compulsory drug addiction treatment establishments to the compulsory drug addiction treatment establishments or centers, establishments receiving the social subjects under their management.

2. Compulsory drug addiction treatment establishments or centers or establishments receiving social subjects assigned to manage drug addicts during pending completion of procedures for request for consignment into compulsory drug addiction treatment establishments must ensure the following conditions on physical foundations, equipment and personnel as prescribed in Articles 6, 7 and 8 of this Decree; arrange dedicated zone for management.

3. During the management period at the compulsory drug addiction treatment establishments or the centers, the establishments receiving social subjects, drug addicts are entitled to the same meals, accommodation, living activities and medical support as those of compulsory drug addiction treatment establishments or centers or establishments receiving social subjects.

Section 3

ORDER AND PROCEDURES FOR PREPARATION OF DOSSIERS OF APPLICATION FOR CONSIGNMENT INTO COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS FOR DRUG ADDICTS AGED BETWEEN FULL 12 YEARS AND UNDER 18 YEARS

Article 50. Preparation of dossiers of request for consignment into compulsory drug addiction treatment establishments

Within 05 working days from the date of detection of drug addicts specified in Article 33 of the Law on Drug Prevention and Control, competent agencies shall prepare dossiers of request for consignment into compulsory drug addiction treatment establishments according to the provisions of Article 34 of the Law on Drug Prevention and Control.

Article 51. Components of dossiers of request for consignment into compulsory drug addiction treatment establishments

1. For drug addicts aged between full 12 years and under 18 years with stable place of residence:

a) 01 minutes of violation of one of the illegal acts on registration of drug addiction treatment, family/community-based voluntary drug addiction treatment and treatment of opioid addiction with alternatives according to Form No. 27,, Appendix II of this Decree;

b) 01 resume of the person proposed to apply the remedy of consignment into compulsory drug addiction treatment establishments according to Form No. 30, Appendix II of this Decree;

c) 01 copy of the result sheet on determination of state of drug addiction issued by the competent agency;

d) 01 report of drug addicts aged between full 12 years and under 18 years or their legal representative's report according to Form No. 31, Appendix II of this Decree;

dd) 01 written opinion of the parent, guardian or legal representative according to Form No. 38, Appendix II of this Decree;

e) Chairpersons of the commune-level People's Committees, the public security offices shall prepare dossiers of request for application of the remedy of consignment into compulsory drug addiction treatment establishments and make a written request according to Form No. 29, Appendix II of this Decree enclosed with the documents specified at Points a, b, c and d, Clause 1 of this Article and other relevant documents (if any).

2. For drug addicts aged between full 12 years and under 18 years without stable place of residence:

a) Documents specified in Clause 1 of this Article;

b) Document on identification of the drug addict without stable place of residence, issued by the competent public security office.

3. For drug addicts aged between full 12 years and under 18 years directly detected, investigated and handled by the district-level public security offices or provincial-level public security offices in cases of law violations:

a) Documents specified in Clause 1 of this Article;

b) Other relevant documents (if any).

Article 52. Notice of preparation of dossiers and transfer of dossiers of request

The order, procedures, and content of notice on making and transferring dossiers of application for consignment into compulsory drug addiction treatment establishments for persons aged between full 12 years and under 18 years shall comply with the provisions of Article 42 of this Decree.

Article 53. Order of consideration and decision on the transfer of dossiers of request for application of the remedy of consignment into compulsory drug addiction treatment establishments

1. The order of consideration and decision on transfer of dossiers of application for the remedy of consignment into compulsory drug addiction treatment establishments for persons aged between full 12 and under 18 years shall comply with the provisions of Clause 1, Article 43 of this Decree.

2. Dossiers to request the district-level People's Court to consider and decide to consign drug addicts between full 12 years and under 18 years into compulsory drug addiction treatment establishments:

a) Written request of the head of the Division of Labor, Invalids and Social Affairs on consideration and decision on consigning drug addicts between full 12 years and under 18 years into compulsory drug addiction treatment establishments, sent to the district-level People's Court under Form No. 39, Appendix II of this Decree. The content of the written request must clearly state the name of the compulsory drug addiction treatment establishments that the person proposed to apply this measure will have to perform; condition, situation of families and relatives of drug addicts aged between full 12 years and under 18 years, propose management plan for each specific case to ensure the rights of children during drug addiction treatment.

b) Dossiers of application for consignment into compulsory drug addiction treatment establishments specified in Article 51 of this Decree.

The dossiers of request shall be numbered and made into 02 copies, the original is transferred to the district-level People's Court, other copy is archived at the Division of Labor, Invalids and Social Affairs in accordance with the law on archiving.

3. In case the Court makes a written request for clarification of a number of contents in the dossier, within 2 working days from the date of receipt of the Court's written request, the head of the Division of Labor, War Invalids and Social Affairs is responsible for coordinating with the dossier-making agency in making a written reply, clearly stating the reason.

Section 4

EXECUTION OF THE DECISION ON CONSIGNMENT INTO COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 54. Consignment of person subject to decision on consignment into compulsory drug addiction treatment establishments, decision on consigning drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments (hereinafter referred to as the decision on consignment into compulsory drug addiction treatment establishments)

1. Within 05 days from the date of receipt of the decision on consignment into compulsory drug addiction treatment establishments of the district-level People's Court, the district-level public security office, in combination with the Division of Labor, Invalids and Social Affairs shall consign the person subject to decision into compulsory drug addiction treatment establishments.

2. In case drug addicts fail to comply with the decision on consignment into compulsory drug addiction treatment establishments, the district-level public security offices shall decide to apply necessary coercive measures as prescribed by law to consign such subjects into the compulsory drug addiction treatment establishments.

3. If it is not possible to comply with the time limit specified in Clause 1 of this Article due to force majeure event, the time limit shall be redetermined from the termination of such force majeure event under the competent authority’s decision. In case the drug addiction treatment establishments is no longer able to receive the subject, the time limit may be extended for no more than 03 months. The Division of Labor, Invalids and Social Affairs shall notify in writing the district-level People's Court that issued the decision and clearly state the reasons therefor.

Article 55. Procedures for receiving persons consigned into compulsory drug addiction treatment establishments

1. Compulsory drug addiction treatment establishments are required to arrange locations, equipment and personnel to receive people consigned into compulsory drug addiction treatment establishments.

2. When receiving, the establishments must check and compare the persons with the received dossiers and personal papers of the persons consigned into the compulsory drug addiction treatment establishments; preliminary examination of health status and making of handover minutes between the district-level public security offices and the compulsory drug addiction treatment establishments.

Handover minutes shall clearly state health status; number of documents and records; personal belongings of persons consigned into compulsory drug addiction treatment establishments according to Form No. 40, Appendix II of this Decree.

3. Dossiers for receiving persons consigned into compulsory drug addiction treatment establishments

a) The district-level People's Court's decision on application of the remedy of consignment into compulsory drug addiction treatment establishments or decision on consigning persons aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments.

b) Copy of resume of the person subject to the remedy of consignment into compulsory drug addiction treatment establishments, the person aged between full 12 years and under 18 years consigned into compulsory drug addiction treatment establishments, provided by the dossier-making agency.

4. For persons undergoing drug addiction treatment aged between full 12 years and under 18 years, the establishments must arrange locations, equipment and personnel to receive persons by age and gender.

Article 56. Search for escaped subjects subject to the measure of consignment into compulsory drug addiction treatment establishments

1. If persons subject to the decision on application of the remedy of consignment into compulsory drug addiction treatment establishments escape before being consigned into the establishments, the district-level public security office where the dossiers are made shall issue a decision to search for such persons according to Form No. 41, Appendix II of this Decree.

2. If persons subject to the decision at compulsory drug addiction treatment establishments escape, the directors of the compulsory drug addiction treatment establishments shall issue a decision to track down such subject. The district-level public security offices of localities where the drug addiction treatment establishments are located shall have to coordinate with the compulsory drug addiction treatment establishments in tracing the subjects down in order to bring them back to the establishments.

3. In case escaped persons subject to the remedy of consignment into compulsory drug addiction treatment establishments are found but fail to voluntarily comply with the return to compulsory drug addiction treatment establishments, the district-level public security offices shall apply the prevention measures and ensure continued consignment into compulsory drug addiction treatment establishments.

4. The time of escape shall not be counted into the time limit for serving the decision on application of the remedy of consignment into compulsory drug addiction treatment establishments.

Article 57. Postponement or exemption from execution of the decision on application of the remedy of consignment into compulsory drug addiction treatment establishments

1. The persons subject to the decision but in pending completion of procedures for consignment into compulsory drug addiction treatment establishments may be postponed the execution of decisions in the following cases:

a) Be seriously ill, certified by medical examination and treatment establishment at the district level or higher;

b) Families facing special difficulties certified by the chairpersons of the commune-level People's Committees of the localities where such persons reside on the basis of the recommendation of the commune-level public security offices.

2. When the conditions for postponing the execution of the decision no longer exist, the decision may continue to be executed. The commune-level public security offices shall collect information and documents to determine when the conditions for postponement of decision execution are no longer available.

3. The persons subject to the decision but in pending completion of procedures for consignment into compulsory drug addiction treatment establishments may be exempted from decision execution in the following cases:

a) Suffer from fatal disease certified by medical examination and treatment establishments at the district level or higher;

b) During postponement of decision execution specified in Clause 1 of this Article that such person voluntarily undergo drug addiction treatment and certified by the competent authority as not drug addicts;

c) Pregnant women certified by medical examination and treatment establishments at the district level or higher.

4. A dossier of request for postponement or exemption from decision execution includes:

a) Application form for postponement or exemption from decision execution of the person subject to the execution or parent, guardian, or legal representative of the person aged between full 12 years and under 18 years, certified by the agency making the application according to Forms No. 42a and 42b Appendix II of this Decree;

b) Documents proving that the subjects are eligible for postponement or exemption from decision execution as prescribed in Clauses 1 and 3 of this Article.

5. Procedures for requesting postponement or exemption of decision execution:

a) Within 2 working days from the date of receipt of the decision to consign into the drug addiction treatment establishments of the district-level People's Court, the person subject to the decision execution or the legal representative of the person aged between full 12 years and under 18 years subject to the decision execution must send 01 set of dossiers of request for postponement or exemption as prescribed in Clause 4 of this Article to the district-level People's Court where the decision to apply the remedy of consignment into compulsory drug addiction treatment establishments is made for consideration and settlement according to regulations;

b) The person subject to the decision execution or the parent, guardian, or legal representative must send 01 set of copies of the application for postponement or exemption from decision execution to the district-level public security office, the head of the Division of Labor, Invalids and Social Affairs.

Article 58. Proposal to reduce the time limit, temporarily suspend or exempt from serving the remaining time at the compulsory drug addiction treatment establishments

1. Conditions for reduction of the compulsory drug addiction treatment period:

a) Reduce the time limit from 01 to 03 months for those who have served half of the compulsory drug addiction treatment period at the drug addiction treatment establishment, and have at least the last 3 months with being classified as good or higher in the regulations on management and assessment of learning outcomes and drug addiction treatment at the establishment.

b) Reduce the time limit from 03 to 06 months for those who have served half of the compulsory drug addiction treatment period at the drug addiction treatment establishment, make merit and have at least the last 3 months with being classified as good or higher in the regulations on management and assessment of learning outcomes and drug addiction treatment at the establishment.

2. Conditions for temporary suspension of decision execution:

Severely ill persons with required inpatient treatment for more than 10 days at health establishment at the district level or higher. In case the person becomes seriously ill after his/her health recovery, but the time limit for decision execution is 03 months or more, he/she must continue to comply with decision execution.

3. Conditions for exemption from the decision execution period at compulsory drug addiction treatment establishments:

a) Persons during the period of temporary suspension of execution of the decision if such persons have made remarkable progress or made merits;

b) Persons suffering from serious diseases requiring long-term treatment for 06 months or more;

c) Pregnant women;

d) Persons aged between full 14 years or more and undergoing compulsory drug addiction treatment are detected to have committed a crime before or during their execution of the decision on compulsory drug addiction treatment and are sentenced by the court to imprisonment but are not entitled to suspended sentence, they shall be exempted from executing the remaining duration of the decision on consignment to compulsory drug addiction treatment establishments.

4. Dossiers of request include:

a) Written request for reduction of time limit, temporary suspension, exemption from serving the remaining time at the compulsory drug addiction treatment establishments of the director of the compulsory drug addiction treatment establishments according to Form No. 43, Appendix II of this Decree;

b) List of current executioners proposed to reduce the time limit, temporary suspension or exemption from serving the remaining time according to Form No. 44, Appendix II of this Decree;

c) Documents evidencing the person subject to the decision execution as subjects specified in Clauses 1, 2 and 3 of this Article.

5. Order of implementation:

a) Every 3 months or when there are subjects specified in Clauses 2 and 3 of this Article, the director of the compulsory drug addiction treatment establishments shall review, prepare dossier and list of subjects requesting reduction of the time limit or temporary suspension, exemption from serving the remaining time at the compulsory drug addiction treatment establishments;

b) Dossier of application, list of subjects proposed to reduce the time limit, temporarily suspend or exempt from serving the remaining time at the compulsory drug addiction treatment establishments must be posted up and publicly announced to all persons undergoing drug addiction treatment at the drug addiction treatment establishments for at least 5 working days;

c) After the time limit for posting and public announcement, the director of the compulsory drug addiction treatment establishments shall send 01 set of documents as prescribed in Clause 4 of this Article to the district-level People's Court of the locality where the compulsory drug addiction treatment establishments are located for consideration and settlement.

Article 59. Temporary transfer of persons undergoing drug addiction treatment out of compulsory drug addiction treatment establishments at the request of the criminal proceedings agency

1. At the request of the criminal proceedings agency, the director of the compulsory drug addiction treatment establishments shall decide to suspend the execution of the decision according to Form No. 45, Appendix II of this Decree and taking him/her out of the compulsory drug addiction treatment establishments to participate in the proceedings in the cases related to such person.

The request of the criminal proceedings agency must be made in writing to the director of compulsory drug addiction treatment establishments before taking the person serving the decision out of the establishment. The written request must contain the following contents: full name of the persons undergoing drug addiction treatment, the reason and the time when the persons undergoing drug addiction treatment is taken out from the establishments.

2. The agency with request to take the persons undergoing drug addiction treatment out of the drug addiction treatment establishment shall take the persons undergoing drug addiction treatment away and return the persons undergoing drug addiction treatment to the establishment within the time limit specified in the decision on temporary suspension of sending the persons undergoing drug addiction treatment out of the establishment. When delivering, receiving persons undergoing drug addiction treatment, it must make a record according to current regulations.

3. In case of the extension is required, the head of the competent criminal proceedings agency must send a written request to the director of the compulsory drug addiction treatment establishments for extension.

Article 60. Preparation of dossiers of sending to educational institutions for persons subject to administrative measures of sending to compulsory drug addiction treatment establishments and violating the law at compulsory drug addiction treatment establishments

1. During the execution of the decision, if the persons undergoing drug addiction treatment commits any of the violations specified in Clause 1, Article 94 of the Law on Handling of Administrative Violations, the director of the drug addiction treatment establishment is required to prepare a dossier of request for consignment to the educational institution and send it to the head of the district-level public security office of the locality where the compulsory drug addiction treatment establishments is located.

2. Procedures for making dossiers of request for the subjects specified in Clause 1 of this Article comply with the law on handling of administrative violations regarding the application of the measure of consignment to educational institution.

Article 61. Settlement of the case where the person undergoing drug addiction treatment dies during the execution of the decision at the compulsory drug addiction treatment establishment

1. During the decision execution, if the persons undergoing drug addiction treatment dies, the director of compulsory drug addiction treatment establishments must notify in writing the investigating agency, the People's Procuracy, the district-level People's Court of the locality where the drug addiction treatment establishment is located, the nearest health agency and the relatives of the persons undergoing drug addiction treatment shall make minutes on confirming the cause of death. The establishment the minutes must be witnessed by the persons undergoing drug addiction treatment.

In case the persons undergoing drug addiction treatment dies without relatives or after 24 hours from the date of notification but the relatives of the dead persons undergoing drug addiction treatment are not present, a record shall be made in the presence of 02 persons undergoing drug addiction treatment.

2. Compulsory drug addiction treatment establishments are responsible for immediately notifying the relatives of the dead persons undergoing drug addiction treatment for funeral. In case there are no relatives or relatives do not come within 24 hours, the director of compulsory drug addiction treatment establishment is responsible for funeral arrangements. Funeral expenses are guaranteed by the State; minimum support level for funeral expenses is equal to 20 times the standard social support level in accordance with Decree No. 20/2021/ND-CP dated March 15, 2021 prescribing social assistance policies for social protection beneficiaries.

Article 62. Expiration of consignment into compulsory drug addiction treatment establishments

1. At least fifteen days before the expiration of consignment to compulsory drug addiction treatment establishments, the director of the compulsory drug addiction treatment establishment shall notify the district-level People's Court where the decision has been made, the commune-level People's Committee of the locality where dossier is made, the family’s representative (father, mother, spouse, sibling), the legal representative of the person aged between full 12 years and under 18 years knows the date of expiration of the time limit for serving the compulsory drug addiction treatment measure.

2. The director of the compulsory drug addiction treatment establishments shall issue certificate of completion of the execution of the decision on consignment to the compulsory drug addiction treatment establishments according to Form No. 46, Appendix II of this Decree and send copy to the district-level People's Court of the locality where the decision was made, the Division of Labor, Invalids and Social Affairs, the commune-level People's Committees of the localities where persons having undergone drug addiction treatment reside, family representatives (father, mother, spouse, siblings), legal representatives of persons aged between full 12 and under 18 years.

3. For persons aged between full 12 and under 18 years completed the execution of the decision but have no family to pick them up, the director of the compulsory drug addiction treatment establishment shall have to take them back and hand them over to their family or the commune level People's Committee of the locality where persons having undergone drug addiction treatment reside according to Form No. 47, Appendix II of this Decree.

4. The person completed the execution of the decision shall be entitled to receive back the money and objects deposited in the depository, the diplomas and certificates of qualifications and vocational training (if any); get meal expenses, and a set of casual clothes (if they don't have one) and must return the mats, blankets, nets and supplies, equipment used for study, work or daily life lent by compulsory drug addiction treatment establishments; If lost, they are responsible for compensation.

5. Within 05 working days from the date of return to the locality, the persons completed the execution of the decision must report to the commune-level People's Committee and the public security offices where they reside.

Article 63. Procedures for consigning people who have completed the compulsory drug addiction treatment measure into social protection establishment

1. Director of the compulsory drug addiction treatment establishment shall report to the Director of the Department of Labor, Invalids and Social Affairs and make a dossier requesting the consignment of the subject into the social protection establishment where the compulsory drug addiction treatment establishment is located with the following objects:

a) Persons having undergone drug addiction treatment aged between full 12 and under 18 years, without unknown parents, place of support or place of residence;

b) Persons having undergone drug addiction treatment is ill, unable to work, unable to determine the place of residence.

2. Dossier and procedures for requesting the transfer of persons completed the compulsory drug addiction treatment measure to social protection establishment shall comply with the provisions of the law on social protection.

Section 5

REGIME FOR PERSONS UNDERGOING DRUG ADDICTION TREATMENT SUBJECT TO THE MEASURE OF SENDING TO COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 64. Management regimes

1. Persons subject to the remedy of consignment into compulsory drug addiction treatment establishments (hereinafter referred to as persons undergoing drug addiction treatment) must undergo drug addiction treatment, study, work and live under the management and supervision of compulsory drug addiction treatment establishments.

2. Under the size of the compulsory drug addiction treatment establishments, the time limit for execution of the decision, personal characteristics, state of drug addiction, health status, gender, age, and education level of the persons undergoing drug addiction treatment, directors of drug addiction treatment establishments shall arrange them into teams or groups in accordance with the requirements of drug management and drug addiction treatment. Each team, group must have a person from the drug addiction treatment establishment directly in charge.

3. Directors of compulsory drug addiction treatment establishments shall develop regulations on management and assessment of learning and drug addiction treatment results at the establishments and organize the implementation according to the guidance of the Ministry of Labor, Invalids and Social Affairs. Result of evaluation of persons undergoing drug addiction treatment is the basis for considering and proposing to reduce the time limit or exempt the decision execution time for compulsory drug addiction treatment.

Article 65. Regime for meals, clothing and personal-use items

1. The norm of monthly meal allowance of the persons undergoing drug addiction treatment is equal to 0.8 of the current base salary. On holidays and calendar new year holiday, persons undergoing drug addiction treatment can eat no more than 03 times of weekday standards; On lunar new year holiday, persons undergoing drug addiction treatment can eat no more than 05 times of weekday standards; The meals for sick persons undergoing drug addiction treatment shall be decided by the director of the compulsory drug addiction treatment establishment as indicated by the medical staff, but not less than 03 times of weekday standards.

2. The amount of blanket, curtains, mats, pillows, clothes, personal items and sanitary napkins for female persons undergoing drug addiction treatment is equal to 0.9 of the current base salary.

3. The norms specified in Clause 1, Clause 2 of this Article are the minimum norm, and based on the specific conditions of each locality, the People's Committee shall request the provincial-level People's Council for adjusting the norms accordingly.

Article 66. Regime of drug addiction treatment.

1. Persons undergoing drug addiction treatment are entitled to drug addiction treatment, rehabilitation, psychological and health treatment according to the process, and drug addiction treatment support services organized by drug addiction treatment establishments.

2. Based on the drug addiction treatment process specified in Chapter III of this Decree and the existing physical foundations and personnel conditions of the drug addiction treatment establishments, the director of the compulsory drug addiction treatment establishments shall develop and organize the implementation of the drug addiction treatment process, addiction treatment support services as prescribed.

Article 67. Health care regime

1. Compulsory drug addiction treatment establishments must periodically organize medical examination and examination for persons undergoing drug addiction treatment and regularly take measures to prevent epidemics; HIV/AIDS prevention and control and infectious diseases for persons undergoing drug addiction treatment.

2. The sick persons undergoing drug addiction treatment are treated in the medical room of the drug addiction treatment establishments. In case the persons undergoing drug addiction treatment are seriously ill beyond the treatment capacity of the drug addiction treatment establishments, they may be taken to a hospital or sent home for treatment. The director of the drug addiction treatment establishment must report to the Department of Labor, Invalids and Social Affairs and notify the father, mother or guardian of person undergoing drug addiction treatment.

3. Payment of treatment costs:

a) In case the person undergoing drug addiction treatment is temporarily suspended from the execution of the decision to send her/him home for treatment, the family must pay the entire medical examination and treatment expenses.

b) In case the person undergoing drug addiction treatment has health insurance, the expenses for medical examination and treatment for the persons undergoing drug addiction treatment shall be covered by the health insurance according to regulations. In case the persons undergoing drug addiction treatment do not have health insurance, the funding for medical examination and treatment for the persons undergoing drug addiction treatment shall be covered by the state budget in the expenditure estimate of the drug addiction treatment establishment. The compulsory drug addiction treatment establishment directly pays the hospital fees to the hospital where the person undergoing drug addiction treatment is treated.

c) In case the person undergoing drug addiction treatment is injured due to a labor accident, natural disaster or fire, the drug addiction treatment establishment must organize treatment and carry out procedures to implement the allowance regime as prescribed.

4. During the treatment period at the hospital, the drug addiction treatment establishment is responsible for strict management, not allowing the persons undergoing drug addiction treatment to escape or violate the law. The treatment time of the persons undergoing drug addiction treatment is included in the time of execution of the decision. One day of treatment is counted as one day of execution of the decision.

Article 68. Therapeutic labor and working regime

1. The working and therapeutic hours of persons undergoing drug addiction treatment must not exceed 08 hours in a day and 48 hours in a week.

2. In case the drug addiction treatment establishment organizes labor or cooperates with the employer to organize labor, it must comply with the provisions of the labor law; persons undergoing drug addiction treatment must register with drug addiction treatment establishments and enjoy the fruits of their labor as prescribed.

Article 69. Regime of visiting relatives, receiving, sending letters, receiving money, gifts from persons undergoing drug addiction treatment

1. Persons undergoing drug addiction treatment can visit relatives at visiting room of the compulsory drug addiction treatment establishment, once a week, no more than 02 hours each, with no more than 03 relatives. In case of meeting longer than that must be approved by the director of the compulsory drug addiction treatment establishment and not more than 04 hours.

 The person undergoing drug addiction treatment with spouse is approved by the director of the compulsory drug addiction treatment establishment to consider, allow visit in a private room of the compulsory drug addiction treatment establishment once a month and for a maximum of 48 hours per visit. Under the size and conditions, the drug addiction treatment establishment shall build and organize separate rooms for students visit their spouse.

2. The drug addiction treatment establishment shall develop visitation regulations according to the instructions of Minister of Labor, Invalids and Social Affairs.

3. The person undergoing drug addiction treatment is allowed to receive and send letters, receive money, gifts (except for alcohol, beer, cigarette, stimulants, objects and prohibited cultural products). The drug addiction treatment establishment shall check mail and kind of gift before giving to the person undergoing drug addiction treatment. For money or valuable papers, the persons undergoing drug addiction treatment must send it to the depository department of the compulsory drug addiction treatment establishments and use it according to the regulations of the drug addiction treatment establishments.

Article 70. Funeral regime

1. Upon death of mother, spouse, or child, the person undergoing drug addiction treatment is allowed to return home. The maximum time for mourning is 05 days, excluding travel time and is counted in the time limit for executing the decision.

2. Procedures for handling the mourning regime:

a) The family of person undergoing drug addiction treatment makes an application for the persons undergoing drug addiction treatment for mourning, certified by the commune-level People's Committees of the localities where person undergoing drug addiction treatment resides to send to the director of the compulsory drug addiction treatment establishments. Application must include the following contents: full name, citizen identification number or identity card number, place of residence, relationship with the persons undergoing drug addiction treatment, the proposed time for the persons undergoing drug addiction treatment to return home for mourning, and commitment on management and supervision so that the persons undergoing drug addiction treatment will not be allowed to use illegal drugs or commit other illegal acts during the mourning period according to Form No. 48, Appendix II of this Decree.

b) Within 01 day after receiving the application as prescribed in Clause 1 of this Article, director of drug addiction treatment establishment shall consider and decide whether to send the persons undergoing drug addiction treatment home for mourning or not.

The decision on mourning must include the following contents: full name, mourning period; responsibilities of the family in the pick-up and drop-off to the drug addiction treatment establishment, and the management of the persons undergoing drug addiction treatment during the mourning period. The decision is sent to the persons undergoing drug addiction treatment's family, the commune-level People's Committees of the localities where such persons reside to coordinate in managing and keeping in the persons undergoing drug addiction treatment's file according to Form No. 49, Appendix II of this Decree.

3. The persons undergoing drug addiction treatment's family is responsible for picking up the persons undergoing drug addiction treatment and handing it over to the compulsory drug addiction treatment establishments and arising costs when the funeral period is over. Delivery and receipt of persons undergoing drug addiction treatment between the compulsory drug addiction treatment establishments and the family must be recorded in writing and kept in the file of the persons undergoing drug addiction treatment.

4. Drug addiction treatment establishments must check their health and drug use status when receiving persons undergoing drug addiction treatment. In case after the time limit for mourning is over, the persons undergoing drug addiction treatment do not return to the compulsory drug addiction treatment establishments, the director of the compulsory drug addiction treatment establishments shall issue decision on tracing according to the provisions of law.

Article 71. Reward and discipline regime

1. During serving the decision to apply the remedy of consignment into compulsory drug addiction treatment establishments, persons undergoing drug addiction treatment made progress or had excellent achievements shall be rewarded in one of the following forms:

a) Praise and reward;

b) Request to reduce the term or exempt from serving the remaining time;

c) Other forms as prescribed by law.

2. During the execution of the decision to apply the remedy of consignment into compulsory drug addiction treatment establishments, the person undergoing drug addiction treatment who has committed acts of disorderly conduct, violates the rules and regulations of the drug addiction treatment establishment, has not yet reached the use the measure of consignment to compulsory education institution shall be disciplined in one of the following forms:

a) Criticism;

b) Warning;

c) Consignment of the person into management at a reserved area for people who cause disorderly behavior or violate the rules and regulations of drug rehabilitation establishments.

3. Directors of compulsory drug addiction treatment establishments shall promulgate regulations on reward and discipline for persons undergoing drug addiction treatment under the guidance of the Ministry of Labor, Invalids and Social Affairs.

Section 6

REGIME FOR PERSONS AGED BETWEEN FULL 12 YEARS AND UNDER 18 YEARS AT COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 72. Regime of management; meals, clothing and personal-use items; drug addiction treatment, support for recovery; medical examination and treatment; visiting relatives, receiving, sending letters, receiving money and gifts; funeral regime; reward, discipline

1. Regimes: management; meals, clothing and personal-use items; drug addiction treatment, support for recovery; medical examination and treatment; visiting relatives, receiving, sending letters, receiving money and gifts; funeral regime; reward and discipline for persons aged between full 12 and under 18 years shall be applied as subjects subject to the remedy of consignment into compulsory drug addiction treatment establishments specified in Section 5, Chapter V of this Decree.

2. Compulsory drug addiction treatment establishments must develop and organize the implementation of support services according to the drug addiction treatment process under age and health of persons aged between full 12 years and under 18 years.

Article 73. Education regime

1. Persons aged between full 12 years and under 18 years consigned into the compulsory drug addiction treatment establishments may receive education programs according to the program of the Ministry of Education and Training. Education for those who have not yet universalized elementary education is compulsory; for other levels of education, under the actual capacity and conditions of the compulsory drug addiction treatment establishments, it may organize teaching and learning according to the provisions of law.

2. Compulsory drug addiction treatment establishments shall coordinate with local education and training management agencies in organizing semester exams, at the end of the school year, transfer education level and grant diplomas in accordance with regulations of the Ministry of Education and Training.

3. Scores, school records, dossiers and forms related to teaching and learning at compulsory drug addiction treatment establishments comply with regulations of the Ministry of Education and Training.

Article 74. Therapeutic labor regime

1. For persons undergoing drug addiction treatment aged between full 12 years and under 18 years, when participating in therapeutic labor according to the drug addiction treatment process organized by drug addiction treatment establishments, the duration of therapeutic labor is as follows:

a) For persons aged between full 12 years and under 15 years, the working time shall not exceed 04 hours per day and be not more than 20 hours per week.

b) For persons aged between full 15 years and under 18 years, the working time shall not exceed 06 hours per day and be not more than 30 hours per week.

2. When organizing therapeutic labor, drug addiction treatment establishments must arrange jobs and workplaces for persons undergoing drug addiction treatment aged between full 12 years and under 18 years in accordance with the provisions of the Labor Code and ensure occupational safety and hygiene in accordance with the provisions of law.

Section 7

CONDITIONS FOR APPLICATION AND ENFORCEMENT OF THE REMEDY OF CONSIGNMENT INTO COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS AND REGIMES AND POLICIES FOR PUBLIC EMPLOYEES OF COMPULSORY DRUG ADDICTION TREATMENT ESTABLISHMENTS

Article 75. Conditions for application and enforcement of the remedy of consignment into compulsory drug addiction treatment establishments

1. Expenses for investment in infrastructure construction and procurement equipment, physical foundations, organization and operation of compulsory drug addiction treatment establishments shall comply with the provisions of law on public investment, state budget, management and use of public property and current regulations on financial autonomy for public non-business units.

2. Funds for preparation of dossiers, organization of sending people to compulsory drug addiction treatment establishments; tracing; funds for meals, clothing, accommodation, study, vocational training, cultural and artistic activities, physical training and sports, disease prevention, medical examination and treatment of persons undergoing drug addiction treatment; funds for sending persons aged between full 12 years and under 18 years when they have finished serving the decision to return to their locality without relatives’ pick-up, and other expenses for the application and implementation of the measure of consignment of persons into the compulsory drug addiction treatment establishments shall be paid by the State budget according to the decentralization of the State Budget Law.

3. Compulsory drug addiction treatment establishments may receive material, professional and technical assistance from domestic and foreign organizations and individuals; may enter into contracts and associate with organizations and individuals in economic activities in accordance with the law to create funding sources to support the procurement of equipment, means and supplies in service of learning, daily life, medical examination and treatment, and organizing drug addiction treatment for people currently serving decisions.

Article 76. Regime for officials and public employees working at compulsory drug addiction treatment establishments

1. Officials and public employees working at compulsory drug addiction treatment establishments are entitled to special allowances and preferential allowances according to their occupations in accordance with current law.

2. Personnel assigned and dispatched by public security and health agencies to work and support at compulsory drug addiction treatment establishments for 6 months or more are entitled to the regimes specified in Clause 1 of this Article.

3. Officials and workers in compulsory drug addiction treatment establishments are equipped with support means, equipment and tools, uniform clothes to perform drug addiction treatment, manage students under the guidance of the Minister of Labor, Invalids and Social Affairs.

4. The regime prescribed in Clauses 1 and 2 of this Article follows the guidance of the Ministry of Finance.