In which cases are students at compulsory rehabilitation centers commended unexpectedly?
What is a Drug Rehabilitation Facility?
According to Clause 14 Article 2 of the 2021 Law on Drug Prevention and Control, a drug rehabilitation facility is understood as an establishment that is set up to fully implement the rehabilitation process as prescribed.
Drug rehabilitation facilities include public drug rehabilitation facilities and voluntary drug rehabilitation facilities.
Which Subjects Must Undergo Mandatory Drug Rehabilitation?
As stipulated in Article 32 of the 2021 Law on Drug Prevention and Control, individuals addicted to drugs from 18 years of age or older are subject to administrative handling measures and must be sent to mandatory drug rehabilitation facilities under the provisions of the Law on Handling Administrative Violations when they fall into one of the following cases:
- Not registering, not implementing, or arbitrarily terminating voluntary drug rehabilitation;- During voluntary drug rehabilitation, being discovered using illicit drugs;- Addicts to opiate-type drugs who do not register, do not implement, or arbitrarily terminate the treatment of addiction to opiate-type drugs with substitute drugs, or are terminated from the treatment due to violations of the addiction treatment regulations;- Relapsing during the post-rehabilitation management period.
Additionally, drug addicts aged from 12 to under 18 years old are sent to mandatory drug rehabilitation facilities when they fall into one of the following cases:
- Not registering, not implementing, or arbitrarily terminating voluntary drug rehabilitation;- During voluntary drug rehabilitation, being discovered using illicit drugs;- Addicts to opiate-type drugs who do not register, do not implement, or arbitrarily terminate the treatment of addiction to opiate-type drugs with substitute drugs, or are terminated from the treatment due to violations of the addiction treatment regulations.
Where is Mandatory Drug Rehabilitation Conducted?
Article 28 of the 2021 Law on Drug Prevention and Control stipulates that drug rehabilitation measures include voluntary drug rehabilitation and mandatory drug rehabilitation.
Voluntary drug rehabilitation measures are implemented at home, in the community, or at drug rehabilitation facilities;
Mandatory drug rehabilitation measures are implemented at public drug rehabilitation facilities.
In Which Cases Are Compulsory Rehabilitation Center Students Given Immediate Commendation?
Pursuant to Clause 1 Article 76 of Decree No. 116/2021/ND-CP, it is stipulated as follows:
Article 71. Reward and Disciplinary Regimes
- During the period of enforcing the decision to apply the measure of being sent to compulsory rehab centers, if the addict shows progress or has outstanding achievements, they shall be rewarded by one of the following forms:
a) Commendation;
b) Propose reduction or exemption of the remaining time to be served;
c) Other forms as prescribed by law.
Additionally, Article 12 of Circular No. 29-2022-TT-BLDTBXH stipulates as follows:
Article 12. Reward Subjects
Individuals undergoing drug rehabilitation at public drug rehabilitation facilities (including both voluntary and mandatory rehabilitation) with good rehabilitation results, outstanding achievements, or remarkable merits.
Drug addicts in public drug rehabilitation facilities with good rehabilitation results, outstanding achievements, or remarkable merits may be considered for rewards.
Reward forms may include:
- Immediate commendation: a form of reward for individuals during their time at the facility with outstanding achievements or remarkable merits.- Periodic commendation: a form of reward for individuals assessed and rated as Good during the month (quarter).
Thus, drug addicts at public drug rehabilitation facilities may receive an immediate commendation form of reward when they showcase outstanding achievements or remarkable merits during their time at the facility.
