Decree No. 94/2011/ND-CP dated October 18, 2011 of the Government amending and supplementing a number of articles of the Government’s Decree No. 147/2003/ND-CP of December 2, 2003, on conditions and procedures for licensing and management of operation of voluntary drug detoxification establishments

THE GOVERNMENT

Decree No. 94/2011/ND-CP of October 18, 2011, amending and supplementing a number of articles of the Government’s Decree No. 147/2003/ND-CP of December 2, 2003, on conditions and procedures for licensing and management of operation of voluntary drug detoxification establishments

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 9, 2000 Law on Drug Prevention and Combat;

Pursuant to the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Law on Drug Prevention and Combat;

Pursuant to the November 29, 2005 Law on Enterprises;

Pursuant to the November 23, 2009 Law on Medical Examination and Treatment;

At the proposal of the Minister of Labor, War Invalids and Social Affairs and the Minister of Health,

DECREES:

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 147/2003/ND-CP of December 2, 2003, on conditions and procedures for licensing and management of operation of voluntary drug detoxification establishments (below referred to as Decree No. 147/2003/ND-CP), as follows:

1. To amend Article 3 as follows:

“Article 3. Scope of licensing voluntary drug detoxification activities

A voluntary drug detoxification license shall be granted to a detoxification establishment for any of the following activities:

1. Drug withdrawal and health rehabilitation treatment;

2. Behavior and personality education and rehabilitation; therapeutic labor, career orientation, vocational training and preparation for community reintegration; addiction relapse prevention;

3. Performance of the complete detoxification and rehabilitation process according to the contents prescribed in Clauses 1 and 2 of this Article.”

2. To amend and supplement Article 4 as follows:

“Article 4. Prohibited acts for voluntary drug detoxification establishments

1. Infringing upon the life, health, honor, dignity and property of detoxification patients; showing discrimination against detoxification patients.

2. Organizing voluntary drug detoxification without operation licenses granted by the Ministry of Labor, War Invalids and Social Affairs.

3. Lending, leasing or transferring voluntary drug detoxification licenses or using them for other purposes.

4. Applying therapeutic methods or using medications to support drug detoxification treatment without licenses granted by the Ministry of Health.

5. Conducting drug detoxification beyond the operation scope stated in their voluntary drug detoxification licenses.

6. Making advertisements at variance with or beyond the operation scope stated in their voluntary drug detoxification licenses.

7. Using land of detoxification establishments for improper purposes.

8. Committing other acts which are banned by law.”

3. To amend and supplement Clause 2, Article 5 as follows:

“Article 5. Conditions for drug withdrawal and health rehabilitation treatment

2. Regarding personnel:

a/ Heads of detoxification establishments must possess a collegial or higher degree and have been trained in drug detoxification;

b/ Persons in charge of professional operations of detoxification establishments must be medical doctors who have been granted practice certificates in  psychiatry or detoxification support therapy, have been engaged in medical examination and treatment for at least full 36 months, including at least full 12 months performing detoxification work;

c/ Detoxification establishments must have a contingent of managers, medical workers and psychologists who possess an intermediate or higher degree and relevant practice certificates. Those who are engaged in security work must have professional training certificates;

d/ Employees of voluntary detoxification establishments must have clear personal records and not be banned from professional practice.”

4. To amend and supplement Article 7 as follows:

“Article 7. Conditions for establishments carrying out behavior and personality education and rehabilitation; therapeutic labor, career orientation, vocational training and preparation for community reintegration; and addiction relapse prevention

1. Regarding physical foundations:

a/ Detoxification establishments must have places for receiving detoxification patients and providing them with health care, monitoring and rehabilitation after drug withdrawal treatment with separate areas for juveniles, women and persons infected with contagious or dangerous diseases;

b/ They must adopt measures and have means to assure security, order and safety for employees and detoxification patients;

c/ They must have places for study, recreation, entertainment, physical training, sports, fitness practice and cultural activities according to programs on behavior and personality education and rehabilitation for detoxification patients;

d/ They must have electricity and water systems, fire extinguishing devices and wastewater and waste treatment facilities which stably operate;

e/ They must have grounds and workshops which are qualified for opening vocational training classes and organizing therapeutic labor suitable to detoxification patients;

f/ To assign the Ministry of Labor, War Invalids and Social Affairs to assume the prime responsibility for, and coordinate with related ministries and sectors in, promulgating regulations to guide the conditions on physical foundations prescribed in this Article.

2. Regarding personnel:

a/ Heads or persons in charge of detoxification and rehabilitation operations of detoxification establishments must possess a collegial or higher degree, have been personally engaged in detoxification and rehabilitation work for at least full 12 months and have been trained in drug detoxification;

b/ Detoxification establishments must have a contingent of managers, health workers, psychologists, vocational teachers and technicians who possess an intermediate or higher degree and relevant practice certificates. Those who are engaged in security work must have professional training certificates;

c/ Employees of voluntary drug detoxification establishments must have clear personal records and not be banned from professional practice.”

5. To amend Article 8 as follows:

“Article 8. Conditions for voluntary drug detoxification establishments performing the complete detoxification process

1. Regarding physical foundations:

Establishments performing the complete detoxification process must meet the conditions prescribed at Point a, Clause 1, Article 5 of Decree No. 147/2003/ND-CP and Clause 4, Article 1 of this Decree.

2. Regarding personnel:

a/ Heads and persons in charge of professional operations of voluntary drug detoxification establishments must meet the conditions prescribed in Clause 3, Article 1 of this Decree;

b/ Other personnel requirements comply with Clause 4, Article 1 of this Decree.”

6. To amend Article 10 as follows:

“Article 10. Dossiers of application for voluntary drug detoxification licenses

1. An application for a voluntary drug detoxification license.

2. A certified copy of the medical examination and treatment license granted by a competent agency under the Law on Medical Examination and Treatment, for establishments applying for licenses for the activity specified in Clause 1 or 3, Article 3 of Decree No. 147/2003/ND-CP which is amended and supplemented under this Decree.

3. A copy of the establishment decision of a competent state agency, for voluntary drug detoxification establishments set up by the State, or business registration certificate or investment certificate according to law, for establishments applying for licenses for the activity specified in Clause 2, Article 3 of Decree No. 147/2003/ND-CP which is amended and supplemented under this Decree.

4. Documents proving the satisfaction of the conditions prescribed in:

a/ Clause 1, Article 5 of Decree No. 147/2003/ND-CP and Clause 3, Article 1 of this Decree, for application dossiers of establishments conducting drug withdrawal and health rehabilitation treatment;

b/ Clause 4, Article 1 of this Decree, for application dossiers of establishments conducting behavior and personality education and rehabilitation; therapeutic labor, career orientation, vocational training and preparation for community reintegration; addiction relapse prevention;

c/ Clause 5, Article 1 of this Decree, for application dossiers of establishments performing the complete rehabilitation and detoxification process.”

7. To amend Article 11 as follows:

“Article 11. Procedures for receiving dossiers of application for voluntary dug detoxification licenses

Voluntary drug detoxification establishments shall send application dossiers to provincial-level Labor, War Invalids and Social Affairs Departments of localities in which they are headquartered.”

8. To amend Article 13 as follows:

“Article 13. Method of processing applications for voluntary drug detoxification licenses

1. Time limit and responsibilities to carry out procedures:

a/ Within 20 working days after receiving a complete dossier as required, for dossiers of application for new licenses, or 15 working days, for dossiers of application for extended licenses, the provincial-level Labor, War Invalids and Social Affairs Department shall examine the dossier and summarize and send examination results to the Ministry of Labor, War Invalids and Social Affairs for the latter to consider and grant an operation license to the applicant. In case the licensing conditions are not fully met, the director of the provincial-level Labor, War Invalids and Social Affairs Department shall give a written reply, clearly stating the reason;

b/ Within 20 working days after receiving a dossier, for dossiers of application for new licenses, or 15 working days, for dossiers of application for extended licenses, the Ministry of Labor, War Invalids and Social Affairs shall consider granting or extending the license for the applicant. In case the dossier is unqualified for licensing, it shall give a written reply, clearly stating the reason;

c/ The Minister of Labor, War Invalids and Social Affairs shall provide the form of voluntary drug detoxification license and guide procedures for appraisal and grant of this license.

2. Validity duration of licenses

A voluntary drug detoxification license is valid for 10 years from the date of its signing.”

9. To amend and supplement Article 14 as follows:

“Article 14. Extension of voluntary drug detoxification licenses

1. A dossier of application for an extended voluntary drug detoxification license comprises:

a/ An application for extension of a voluntary drug detoxification license;

b/ The voluntary drug detoxification license and a certified copy of the medical examination and treatment license of the applicant;

c/ A detailed report on the organization and operation of the applicant in the last 5 years.

2. Procedures for extension of voluntary drug detoxification licenses comply with Article 12 of Decree No. 147/2003/ND-CP, and Clauses 7 and 8, Article 1 of this Decree.”

10. To amend Article 15 as follows:

“Article 15. Change in the scope of voluntary drug detoxification activities and revocation of voluntary drug detoxification licenses

1. Change in the scope of voluntary drug detoxification activities:

a/ A dossier of application for change in the scope of voluntary drug detoxification activities comprises:

- An application for change in the scope of voluntary drug detoxification activities;

- A certified copy of the medical examination and treatment license suitable to the proposed change in the scope of drug detoxification activities;

- A detailed report on the organization and operation of the voluntary drug detoxification establishment since the latest grant or extension of its license, clearly stating plans on operation after changing the operation scope and settlement of rights and obligations of related parties.

b/ Procedures for change in the scope of voluntary drug detoxification activities

Procedures for change in the scope of voluntary drug detoxification activities comply with Article 12 of Decree No. 147/2003/ND-CP and Clauses 7 and 8, Article 1 of this Decree.

2. Revocation of voluntary drug detoxification licenses:

a/ A voluntary drug detoxification license shall be revoked when the concerned voluntary drug detoxification establishment:

- Violates Clause 2, Article 1 of this Decree;

- Erases or modifies its voluntary drug detoxification license;

- Fails to commence operation within six months after being granted a voluntary drug detoxification license or suspends its operation for 6 consecutive months without plausible reasons; is dissolved or seriously breaches law-prescribed obligations;

- Has been handled for an administrative violation related to drug detoxification activities for three or more times within the validity duration of its voluntary drug detoxification license.

b/ For the violations specified at Point a, Clause 2 of this Article, the Minister of Labor, War Invalids and Social Affairs shall issue decisions to revoke voluntary drug detoxification licenses.

11. To amend and supplement Clause 1, Article 16 as follows:

“Article 16. Rights and responsibilities of drug detoxification establishments

1. Drug detoxification establishments may:

a/ Collect drug detoxification service charges under contracts;

b/ Be prioritized for land allocation or lease for construction of voluntary drug establishments. Drug detoxification establishments that do not collect detoxification charges will be considered for exemption from, or reduction of, land use levy or land rent according to law;

c/ Be prioritized in leasing houses and infrastructure facilities for their organization;

d/ Be considered for tax exemption or reduction and borrow preferential loans according to law for their operation;

e/ Receive donations of domestic and overseas organizations and individuals according to law.”

12. To amend Clause 1, Article 22 as follows:

“Article 22. Voluntary drug detoxification service contracts

1. Based on the aspirations of drug addicts or their families or guardians, heads of drug detoxification establishments shall sign voluntary drug detoxification service contracts within the scope of their licensed activities as stated in their voluntary drug detoxification licenses.

The minimum duration of drug withdrawal and health rehabilitation treatment is 20 days while the minimum duration of behavior and personality education and rehabilitation; therapeutic labor, career-orientation counseling, vocational training and preparation for community reintegration; addiction relapse prevention or performance of the complete drug detoxification and rehabilitation process is 6 months, counting from the date of signing voluntary drug detoxification service contracts.”

Article 2. To annul Articles 6 and 9 of the Government’s Decree No. 147/2003/ND-CP of December 2, 2003, on conditions and procedures for licensing, and management of operation of, voluntary drug detoxification establishments.

Article 3. Implementation provisions

1. This Decree takes effect on December 2, 2011.

2. Establishments licensed before the effective date of this Decree must complete licensing procedures under this Decree within 1 year.

3. Implementation guidance responsibilities

The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Health and related ministries and sectors in, guiding the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG