When is the deadline for the court to consider the decision to send drug addicts aged 12 to under 18 into compulsory rehabilitation centers in Vietnam?

When is the deadline for the court to consider the decision to send drug addicts aged 12 to under 18 into compulsory rehabilitation centers in Vietnam?

Based on Article 25 of Ordinance No. 01/2022/UBTVQH15 on the Procedure and Process of People's Court's Consideration and Decision on Sending Drug Addicts Aged 12 to Under 18 in Compulsory Rehabilitation Facilities, the court shall send the decision as follows:

1. Within 2 working days from the date of announcement of the decision, the court shall make a decision to place or not to place the person in a compulsory rehabilitation facility and send the decision to the Head of the Department of Labor - Invalids and Social Affairs, the district-level People's Committee, the commune-level People's Committee where the person resides or where the violation occurred, the person being requested, the parents or legal guardians or legal representatives of the person being requested, the same-level prosecutor's office, and relevant agencies.

2. Within 2 working days from the date of announcement of the decision, the court shall make a decision to suspend or temporarily suspend the consideration and decision to place the person in a compulsory rehabilitation facility and send the decision to the Head of the Department of Labor - Invalids and Social Affairs, the district-level People's Committee, the commune-level People's Committee where the person resides or where the violation occurred, the person being requested, the parents or legal guardians or legal representatives of the person being requested, the same-level prosecutor's office, and other relevant persons.

When is the deadline for the court to consider the decision to send drug addicts aged 12 to under 18 into compulsory rehabilitation centers in Vietnam? (Image from the Internet)

What are cases of postponement, exemption from complying with the decision to send drug addicts aged 12 to under 18 into compulsory rehabilitation centers in Vietnam?

Based on Article 27 of Ordinance No. 01/2022/UBTVQH15, the postponement or exemption from the execution of the decision to send drug addicts in compulsory rehabilitation facilities is as follows:

1. The person who is required to comply with the decision to place them in a compulsory rehabilitation facility (hereinafter referred to as the person to be complied with) but has not been sent in a compulsory rehabilitation facility may have the execution of the decision postponed in the following cases:

a) Being seriously ill, certified by a medical facility from the district level or higher;

b) The family is facing special difficulties, confirmed by the Chairman of the commune-level People's Committee where the person resides;

c) Meeting the conditions and having registered to participate in or currently participating in the high school graduation examination or must participate in the graduation examination at vocational education institutions, confirmed by the educational institution where the person is studying.

2. The person who is required to comply with the decision but has not been sent in a compulsory rehabilitation facility may be exempted from the execution of the decision in the following cases:

a) Suffering from serious and incurable diseases, certified by a medical facility from the district level or higher;

b) During the period of postponement of the execution of the decision specified in clause 1 of this Article, the person voluntarily undergoes rehabilitation and is confirmed by the competent authority to be drug-free;

c) During the period of postponement of the execution of the decision to place them in a compulsory rehabilitation facility, the person is sentenced to imprisonment by the court but not granted a suspended sentence, and the judicial education measure is applied at the reformatory school, or the administrative handling measure is applied to place them in the reformatory school according to the judgment or decision of the court that has taken legal effect.

Best Regards!