Vietnam: Who is sent to a compulsory rehabilitation facility? In what cases do not apply measures to put into compulsory rehabilitation facilities?
Who is sent to compulsory rehab in Vietnam?
In accordance with Article 32 of the Vietnam Law on Drug Prevention and Control 2021, the subjects subject to administrative measures put into compulsory rehabilitation establishments are as follows:
Drug addicts aged 18 or older shall be subject to the administrative penalty of compulsory rehabilitation in rehabilitation centers according to regulations of the Vietnam Law on Handling Administrative Violations in any of the following cases:
- They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;
- They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;
- They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment;
- They relapse while subject to post-rehabilitation management.
At the same time, based on Article 96 of the Vietnam Law on Handling of Administrative Violations 2012 (amended by Clause 49, Article 1 of the Vietnam Law on Handling of Administrative Violations amended in 2020) stipulating the subjects of applying measures to be put into compulsory rehabilitation establishments as follows:
Drug addicts who are at least 18 years old are subject to measures to be put into compulsory rehabilitation establishments in accordance with the Vietnam Law on Drug Prevention and Control 2021.
Vietnam: Who is sent to a compulsory rehabilitation facility? In what cases do not apply measures to put into compulsory rehabilitation facilities?
In what cases do not apply measures to put in compulsory rehabilitation facilities in Vietnam?
Pursuant to Article 96 of the Vietnam Law on Handling of Administrative Violations 2012 (amended by Clause 49, Article 1 of the Vietnam Law on Handling of Administrative Violations amended in 2020) stipulates the following cases in which measures are not applied to compulsory rehabilitation establishments:
- Persons incapable of administrative responsibility;
- Pregnant persons with certificates of medical examination and treatment establishments from district level or higher;
- A woman or single person raising a child under 36 months of age shall be confirmed by the People's Committee of the commune where she resides.
How is the drug rehabilitation process regulated in Vietnam?
Pursuant to Article 29 of the Vietnam Law on Drug Prevention and Control 2021, the drug rehabilitation process is as follows:
- The drug rehabilitation process consists of the following stages:
Step 1: Receipt and classification;
Step 2: rehabilitation, treatment of mental disorders and treatment of other conditions;
Step 3: Education, counseling and behavior and personality recovery;
Step 4: Therapeutic working and vocational training;
Step 5: Preparation for reintegration into society.
- Drug rehabilitation is required to fully ensure the stages specified in Clause 1, Article 29 of the Vietnam Law on Drug Prevention and Control 2021; voluntary drug rehabilitation must ensure the completion of all 03 stages specified at Points a, b and c, Clause 1, Article 29 of the Vietnam Law on Drug Prevention and Control 2021.
Are voluntary drug rehabilitation and relapse subject to compulsory drug rehab in Vietnam?
In Article 32 of the Vietnam Law on Drug Prevention and Control 2021, there are provisions on subjects subject to administrative measures to be put into compulsory rehabilitation establishments as follows:
Article 32. Persons subject to administrative penalty of compulsory rehabilitation in rehabilitation centers
Drug addicts aged 18 or older shall be subject to the administrative penalty of compulsory rehabilitation in rehabilitation centers according to regulations of the Vietnam Law on Handling Administrative Violations in any of the following cases:
1. They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;
2. They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;
3. They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment;
4. They relapse while subject to post-rehabilitation management.
At the same time, based on Article 33 of the Vietnam Law on Drug Prevention and Control 2021, there are regulations on drug rehabilitation for people from full 12 years old to under 18 years old as follows:
Article 33. Rehabilitation for persons from 12 to under 18 years old
1. Drug addicts from 12 to under 18 years old shall be subject to compulsory rehabilitation in rehabilitation centers in any of the following cases:
a) They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;
b) They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;
c) They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment.
2. Responsibilities of drug addicts from 12 to under 18 years old undergoing compulsory rehabilitation in rehabilitation centers:
a) Comply with regulations on compulsory rehabilitation and rules, and be managed by and receive education and treatment from rehabilitation centers;
b) Participate in activities in relation to treatment, education, counseling, general education, vocational training, therapeutic working and behavior and personality recovery.
3. Compulsory rehabilitation for drug addicts from 12 to under 18 years old shall last from 06 to 12 months.
4. Sending drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation shall be decided by the district-level People’s Court and is not considered an administrative penalty.
5. The Standing Committee of the National Assembly shall provide for procedures for consideration of and decision on sending drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation by People’s Courts.
Thus, in case a voluntary drug addict who is in the post-rehabilitation management period is found to have relapsed, he/she will be put into a compulsory rehabilitation facility.
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