In what cases are drug addicts under 18 years old subject to compulsory rehabilitation in rehabilitation centers in Vietnam?

In what cases are drug addicts under 18 years old subject to compulsory rehabilitation in rehabilitation centers in Vietnam?

Pursuant to Clause 1, Article 33 of the Law on Prevention and Control of Narcotic Substances 2021 stipulating:

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.

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Thus, drug addicts from 12 to under 18 years old will be subject to compulsory rehabilitation in rehabilitation centers 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.

In what cases are drug addicts under 18 years old subject to compulsory rehabilitation in rehabilitation centers in Vietnam? (Image from the Internet)

What acts are prohibited in prevention and control of narcotic substances in Vietnam?

Pursuant to Article 5 of the Law on Prevention and Control of Narcotic Substances 2021 stipulating prohibited acts in prevention and control of narcotic substances:

- Growing of plants containing narcotic substances; provision of instructions for growing of plants containing narcotic substances.

- Illegal research, examination, testing, inspection, production, storage, transport, preservation, trade, distribution, processing, exchange, export, import, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs, and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

- Appropriation of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

- Illegal delivery, receipt, management, control, storage, dispensing and preservation of narcotic substances and precursors; allowing illegal use of narcotic substances, narcotic drugs or psychotropic drugs.

- Illegal use or organization of illegal use of narcotic substances; forcing or persuading others to use narcotic substances illegally; aiding and abetting illegal use of narcotic substances.

- Illegal production, storage, transport and trade of equipment used for illegal production or use of narcotic substances.

- Resisting or obstructing testing for narcotic substance in body, diagnosis of narcotic substance dependence, drug user management, rehabilitation or post-rehabilitation management.

- Taking revenge on or obstructing persons performing duties of narcotic substance prevention and control and participants in narcotic substance prevention and control.

- Abusing positions, powers or jobs to commit violations against regulations of law on narcotic substance prevention and control.

- Provision of instructions for illegal production or use of narcotic substances; advertising narcotic substances.

- Discrimination against drug users, persons undergoing rehabilitation and persons having completed rehabilitation.

- Other prohibited acts involving narcotic substances provided for by regulations of law.

How long is the time limit of post-rehabilitation management in places of residence?

Pursuant to Clause 1 and Clause 2, Article 40 of the Law on Prevention and Control of Narcotic Substances 2021 stipulating:

Post-rehabilitation management in places of residence

1. Persons having completed voluntary rehabilitation, persons having completed opioid substitution therapy and persons from 12 to under 18 years old having fully served compulsory rehabilitation decisions shall be subject to post-rehabilitation management for 01 year starting from the date on which rehabilitation is completed or the compulsory rehabilitation decision is fully served.

2. Persons having fully served decisions on imposition of administrative penalty of compulsory rehabilitation in rehabilitation centers shall be subject to post-rehabilitation management for 02 years starting from the date on which the decision is fully served.

3. Post-rehabilitation management consists of:

a) Draw up list of persons subject to post-rehabilitation management;

b) Provide counsel and assistance, and prevent relapse;

c) Monitor, detect and prevent illegal use of narcotic substances.

4. Social assistance during post-rehabilitation management includes:

a) Assistance for persons from 12 to under 18 years old to receive general education;

b) Assistance for vocational training, loans, job search and participation in social activities for integration into society.

5. Chairpersons of commune-level People’s Committees have the power to issue decisions on and organize post-rehabilitation management and social assistance.

6. The Government shall provide for documents, procedures and requirements concerning post-rehabilitation management and assistance policies for persons subject to post-rehabilitation management.

Thus, the time limit of post-rehabilitation management in places of residence is specifically determined as follows:

- Time limit: 01 year starting from the date on which rehabilitation is completed, applicable to the following cases:

+ Persons having completed voluntary rehabilitation;

+ Persons having completed opioid substitution therapy;

+ Persons from 12 to under 18 years old having fully served compulsory rehabilitation decisions: 01 year starting from the date on which rehabilitation is completed.

- Time limit: 02 years starting from the date on which the date of compulsory rehabilitation decision is fully served, applicable to people who have fully served decisions on imposition of administrative penalty of compulsory rehabilitation in rehabilitation centers.

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