What are principles for considering and deciding on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam?

What are principles for considering and deciding on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam?

In Article 2 of the Ordinance on Order and Procedures for the People's Court to consider and decide on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities, principles for considering and deciding on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities, as follows:

1. Only consider and decide to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities (hereinafter referred to as the proposed person) when they fall into one of the cases specified in Clause 1, Article 33 of the Law on Drug Prevention and Control.

2. The consideration and decision to send to a mandatory rehabilitation facility must ensure the best interests of the person being proposed; ensure friendly procedures, suitable to the psychology, gender, age, maturity level, and cognitive ability of the person being asked.

3. Ensure the right to privacy of the subject's private life.

4. Ensure the right of the defendant to participate, present opinions before the Court, and debate at the meeting according to the provisions of this Ordinance.

5. The subject, parents or guardian of the subject have the right to protect the legal rights and interests of the subject themselves or ask a lawyer or other person.

In case the proposed person does not have a person to protect his/her legal rights and interests, the Court shall request the Bar Association to assign a law practice organization to appoint a lawyer; State legal aid centers appoint legal aid assistants and lawyers to provide legal aid to legal aid recipients according to the provisions of the Law on Legal Aid to protect their legitimate rights and interests. 

The court guarantees the right to protect the legitimate rights and interests of the subject.

6. The consideration and decision to send to a compulsory drug treatment facility is made by a Judge. When considering and deciding to send a person to a mandatory rehabilitation facility, the judge is independent and only follows the law. Ensuring the impartiality of those conducting the review session and deciding on sending to compulsory rehabilitation facilities.

7. Ensure that the review and decision to send to a compulsory rehabilitation facility is carried out quickly and promptly.

8. The spoken and written language used in considering and deciding to send to compulsory drug treatment facilities at the Court is Vietnamese.

The subject, the subject's parents or guardian or legal representative have the right to use the spoken and written language of their ethnic group and must have an interpreter.

9. Ensure the right to be considered at two levels in considering and deciding to send to compulsory rehabilitation facilities.

What are principles for considering and deciding on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam? (Image from the Internet)

What is authority to consider and decide to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam?

According to Article 3 of the Ordinance on Order and Procedures for the People's Court to consider and decide on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities with regulations on authority to consider and decide to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities, as follows:

1. The court with authority to consider and decide to send to compulsory rehabilitation facilities is the People's Court of districts, towns, provincial cities and centrally run cities (hereinafter referred to as is the District People's Court) where the subject person resides or where the violation occurred in case the subject's place of residence cannot be determined.

2. People's Courts of provinces and centrally run cities (hereinafter referred to as Provincial People's Courts) have the authority to review decisions of district-level People's Courts that are complained, petitioned, or protested.

What is supervision of review and decision to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities in Vietnam?

Pursuant to Article 4 of the Ordinance on Order and Procedures for the People's Court to consider and decide on sending drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities, regulations on supervision of review and decision to send drug addicts from 12 years old to under 18 years old to compulsory rehabilitation facilities, as follows:

1. The People's Procuracy supervises the legality of acts and decisions of the Court, agencies, organizations and individuals in considering and deciding to send to compulsory rehabilitation facilities according to the provisions of This Ordinance; Exercise the right to request, recommend and protest to ensure timely and legal resolution.

2. The Procuracy participates in meetings; Participate in considering postponement, exemption, or temporary suspension of execution of decisions on sending to compulsory rehabilitation facilities according to the provisions of this Ordinance.

3. After receiving the notice of acceptance of the file from the Court at the same level, the Procuracy has the right to study the file at the Court that has accepted the case and has the right to copy the file of that case.

Best regards!