What is postponement or exemption from execution of decisions on sending to compulsory detoxification establishments for drug addicts from full 12 years old to under 18 years old in Vietnam?

What is postponement or exemption from execution of decisions on sending to compulsory detoxification establishments for drug addicts from full 12 years old to under 18 years old in Vietnam?

Article 27 of the Ordinance on Orders and Procedures for People Courts to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments provides as follows:

1. A person who must execute a decision on consignment to a compulsory detoxification establishment (hereinafter referred to as a person subject to execution) but has not yet been sent to a compulsory detoxification establishment may postpone the execution of the decision in the following cases:

a) Being seriously ill, certified by a medical examination and treatment establishment at the district level or higher;

b) The family is facing special difficulties, certified by the chairperson of the commune-level People's Committee where he/she resides;

c) Eligible and have registered to attend or are taking the high school graduation exam or must take the graduation exam in vocational education institutions certified by the educational institution where the person studied. 

2. Persons subject to execution but not yet sent to compulsory detoxification establishments are exempted from execution of decisions in the following cases:

a) Suffering from a serious disease, certified by a medical examination and treatment establishment at the district level or higher;

b) During the period of postponement of execution of the decision specified in Clause 1 of this Article, such person voluntarily detoxifies and is certified by a competent authority that he is not addicted to drugs;

c) During the period of postponement of execution of decisions on sending to compulsory detoxification establishments, they are sentenced to prison by the Court but are not entitled to suspended sentences, apply judicial measures to educate in reformatories, apply handling measures to administratively sent to reformatories according to court judgments or decisions that have taken legal effect.

Who has right to request postponement or exemption from execution of decisions on consignment to compulsory detoxification establishments for drug addicts from full 12 years old to under 18 years old in Vietnam?

According to Article 28 of the Ordinance on Orders and Procedures for People Courts to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments, it stipulates who has the to request postponement or exemption from execution of decisions on consignment to compulsory detoxification establishments, as follows:

1. In case there are grounds for requesting postponement or exemption from execution of decisions on consigning to compulsory detoxification establishments as prescribed in Article 27 of this Ordinance, the obligated persons, their parents or guardians or their representatives The lawful judgment of the sentenced person has the right to submit an application for postponement or exemption from execution of the decision on consignment to a compulsory detoxification establishment to the Court that has issued the decision on consignment to a compulsory detoxification establishment for consideration and decision.

2. An application for postponement or exemption from execution of the decision to send to a compulsory detoxification establishment, enclosed with documents proving that it falls into one of the cases specified in Article 27 of this Ordinance, shall be sent directly to the Court, sent by postal service or sent online electronically through the Court's web portal.

What is receiving and accepting applications for postponement or exemption from execution of decisions on consignment to compulsory detoxification establishments for drug addicts from full 12 years old to under 18 years old in Vietnam?

Pursuant to Article 29 of the Ordinance on Orders and Procedures for People Courts to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments stipulates as follows:

1. Within 02 working days from the date of receipt of the application and enclosed documents, the Court must accept it and assign a judge to consider and settle it, and at the same time notify the applicant in writing, the Head of the Division of Labor - Invalids and Social Affairs and the Procuracy of the same level.

2. Within 03 working days from the date of assignment, the judge must consider and issue a decision; In case of necessity, the head of the Division of Labor - Invalids and Social Affairs and the procuracies of the same level shall give his/her written opinion before the court issues a decision.

3. After considering the dossier enclosed with the application, the judge shall issue one of the following decisions:

a) Accept the application for postponement or exemption from execution of the decision on consignment to a compulsory detoxification establishment;

b) Not accepting applications for postponement or exemption from execution of decisions on consignment to compulsory detoxification establishments.

4. A decision on postponement or exemption from execution of a decision on consignment to a compulsory detoxification establishment must contain the following main details:

a) Number, date, month and year of the decision;

b) Name of the court issuing the decision;

c) Full name of the Judge;

d) Full name of the applicant;

dd) Full name of Head of Division of Labor - Invalids and Social Affairs;

e) Full name, date of birth, place of residence, occupation, and educational level of the person requested to postpone or exempt from execution of the decision on consignment to a compulsory detoxification establishment;

g) Reasons and grounds for making the decision;

h) Contents of postponement or exemption from execution of decisions on consignment to compulsory detoxification establishments;

i) Responsibilities of decision-executing agencies, organizations and individuals;

k) Effect of the decision;

l) The place to receive the decision.

5. The decision on postponement or exemption from execution of the decision on consignment to a compulsory detoxification establishment takes effect from the date of expiration of the time limit for complaints, petitions and protests specified in Article 37 of this Ordinance and must be sent to the district-level police station, the head of the Division of Labor - Invalids and Social Affairs, the person who must execute the decision, the parent or guardian or legal representative of the person subject to the judgment, the procuracies and the public prosecutor's office, the People's Committee of the commune where he/she resides or the People's Committee of the commune where the violation is committed within 2 working days from the date of issuance of the decision.

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