Who has the right to complain, propose, or appeal the decision of the Court to place drug addicts aged 12 to under 18 years old in compulsory drug rehabilitation centers in Vietnam?

Who has the right to complain, propose, or appeal the decision of the Court to place drug addicts aged 12 to under 18 years old in compulsory drug rehabilitation centers in Vietnam?

As prescribed in Article 36 of the Ordinance on the Procedure for Reviewing, Deciding to Place Drug Addicts Aged 12 to Under 18 Years Old into Compulsory Drug Rehabilitation Centers, the following persons have the right to complain, propose, or appeal against the decision of the Court to place drug addicts aged 12 to under 18 years old into compulsory drug rehabilitation centers:

1. The person who is the subject of the decision to place the drug addict in compulsory drug rehabilitation, the parents or guardians of the person who is the subject of the decision to place the drug addict in compulsory drug rehabilitation, and the legal representative of the agency that filed the petition to the Court have the right to complain the decision of the Court in the matter of placing the drug addict in compulsory drug rehabilitation.

2. The head of the Department of Labor - War Invalids and Social Affairs, the director of the compulsory drug rehabilitation center, and the People's Procuracy at the same level have the right to propose or appeal the decision of the Court in the matter of placing the drug addict in compulsory drug rehabilitation when there are grounds to believe that the decision is illegal.

What is the time limit for complaints, proposals, and appeals against the decision of the Court to place drug addicts aged 12 to under 18 years old in compulsory drug rehabilitation centers in Vietnam?

As prescribed in Article 37 of the Ordinance on the Procedure for Reviewing, Deciding to Place Drug Addicts Aged 12 to Under 18 Years Old into Compulsory Drug Rehabilitation Centers, the time limit for complaints, proposals, and appeals against the decision of the Court to place drug addicts aged 12 to under 18 years old in compulsory drug rehabilitation centers in Vietnam is stipulated as follows:

1. The time limit for appeals by the person who is the subject of the decision to place the drug addict in compulsory drug rehabilitation, the parents or guardians of the person who is the subject of the decision to place the drug addict in compulsory drug rehabilitation, and the legal representative of the agency that filed the petition to the Court is 05 working days, counting from the date the Court announces the decision; in case they are absent from the hearing or in case the Court does not open a hearing and makes a decision that this Ordinance provides for the right to appeal against that decision, the time limit for appeal is 05 working days, counting from the date of receipt of the decision of the Court.

In case due to force majeure or objective obstacles, the person with the right to appeal cannot exercise the right to appeal on time, the time of occurrence of the force majeure or objective obstacle does not count towards the time limit for appeal.

2. The time limit for proposals by the head of the Department of Labor - War Invalids and Social Affairs, the director of the compulsory drug rehabilitation center, and appeals by the People's Procuracy at the same level is 05 working days, counting from the date the Court announces the decision; in case the Court does not open a hearing and makes a decision that this Ordinance provides for the right to propose, appeal against that decision, the time limit for proposal, appeal is 05 working days, counting from the date of receipt of the decision of the Court.

What are procedures for filing complaints, proposals, and appeals against the decision of the Court to place drug addicts aged 12 to under 18 years old in compulsory drug rehabilitation centers in Vietnam?

As prescribed in Article 38 of the Ordinance on the Procedure for Reviewing, Deciding to Place Drug Addicts Aged 12 to Under 18 Years Old into Compulsory Drug Rehabilitation Centers, the procedures for filing complaints, proposals, and appeals against the decision of the Court to place drug addicts aged 12 to under 18 years old in compulsory drug rehabilitation centers in Vietnam are stipulated as follows:

1. The person who is the subject of the decision to place the drug addict in compulsory drug rehabilitation, the parents or guardians of the person who is the subject of the decision to place the drug addict in compulsory drug rehabilitation, and the legal representative of the agency that filed the petition to the Court must submit a written appeal to the Court that issued the decision, stating the reasons and grounds for the appeal.

2. The head of the Department of Labor - Invalids and Social Affairs, the director of the compulsory drug rehabilitation center, and the People's Procuracy at the same level must submit a written proposal or appeal to the Court that issued the decision, stating the reasons and grounds for the proposal or appeal.

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