Orders and procedures for checking dossiers requesting to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam

What are orders and procedures for checking dossiers requesting to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam?

Pursuant to Article 13 of Ordinance 01/2022/UBTVQH15 Ordinance on Order and Procedures for People's Courts to consider and decide on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities as prescribed:

Check the application for admission to a compulsory rehabilitation facility as follows:

1. The assigned judge must check the file on the following contents:

a) Documents in the application dossier as prescribed in Clause 4, Article 34 of the Law on Drug Prevention and Control;

b) Authority, order and procedures for preparing dossiers requesting admission to compulsory rehabilitation facilities.

2. In case it is necessary to clarify the health, psychological, living and learning conditions of the subject, the Judge may consult with medical, psychological, educational and sociological experts, representative of the school where the person is proposed to study, representative of the People's Committee of the commune, ward or town (hereinafter referred to as the People's Committee of the commune), representative of the Vietnam Fatherland Front Committee at the local level and member organizations of the Front where the proposed person resides and other agencies, organizations and individuals.

3. Within 03 working days from the date of assignment, based on the results of document inspection, the Judge must decide on one of the following contents:

a) Request additional documents;

b) Suspension or termination of consideration and decision on sending to compulsory rehabilitation facilities;

c) Open a meeting to consider and decide to send the person to a compulsory rehabilitation facility.

Clause 4, Article 34 of the Law on Drug Prevention and Control 2021

4. Application to the district-level People’s Court for consideration of and decision on sending the drug addict to a rehabilitation center for compulsory rehabilitation includes:

a) The application to send the drug addict to a rehabilitation center formulated according to regulations in Point c Clause 1 herein;

b) Proposal for sending the drug addict to a rehabilitation center from the head of the district-level labor - war invalid and social affairs authority.

This proposal must include opinions on children’s rights protection.

5. Applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation must have their pages numbered and retained as per regulations of law on archiving.

6. The Government shall provide for formulation of applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation; and rehabilitation applicable to persons from 12 to under 18 years old.

Orders and procedures for checking dossiers requesting to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam (Image from the Internet)

What are requirements for additional documents to request sending drug addicts from 12 years old to under 18 years old to a compulsory rehabilitation facility in Vietnam?

Pursuant to Article 15 of Ordinance 01/2022/UBTVQH15 stipulates: Additional documents are required as follows:

1. The judge requests the Head of the Department of Labor, War Invalids and Social Affairs to supplement documents in the following cases:

a) When the application file contains unclear or conflicting documents that need to be supplemented or clarified;

b) When detecting a serious violation of the order and procedures, prepare a dossier requesting admission to a compulsory rehabilitation facility.

2. The written request for additional documents must clearly state the documents to be supplemented and the reason for the additional request.

3. Within 02 working days from the date of receiving the request, the Head of the Department of Labor, War Invalids and Social Affairs must send additional documents to the Court; For complicated cases, the time limit for additional documents is no more than 5 working days. In case the documents cannot be supplemented, a written response or explanation must be provided, clearly stating the reason.

4. Within 01 working day from the date of receipt of additional documents or from the expiration date specified in Clause 3 of this Article, the Head of the Department of Labor, War Invalids and Social Affairs does not supplement the documents, the judge issued a decision to open a review session and decided to send the patient to a compulsory rehabilitation facility.

Best regards!