What is postponement or exemption from compliance with decision to apply measure of sending to a compulsory rehabilitation center in Vietnam?

What is postponement or exemption from compliance with decision to apply measure of sending to a compulsory rehabilitation center in Vietnam?

Pursuant to Article 57 of Decree 116/2021/ND-CP stipulates the above issue as follows:

1. People who must comply with the decision but have not yet been sent to a compulsory rehabilitation center may postpone compliance with the decision in the following cases:

a) Be seriously ill, have a certificate from a medical examination and treatment facility at the district level or higher;

b) The family is having special difficulties as certified by the Chairman of the People's Committee of the commune where that person resides based on the request of the Commune-level Police.

2. When the conditions for postponing execution of the decision no longer exist, the decision will continue to be enforced. Commune-level police are responsible for collecting information and documents to determine when the conditions for postponing execution of the decision no longer exist.

3. People who must comply with the decision but have not been sent to a compulsory rehabilitation center are exempt from complying with the decision in the following cases:

a) Suffering from a serious illness as certified by a medical examination and treatment facility at the district level or higher;

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

c) Pregnant women with confirmation from a medical examination and treatment facility at the district level or higher.

4. Dossier to request postponement or exemption from compliance with the decision includes:

a) Application for postponement or exemption from compliance with the decision of the person who must comply or the parent, guardian, legal representative of the person from full 12 years old to under 18 years old, with confirmation from the filing agency documents according to Form No. 42a, 42b, Appendix II of this Decree;

b) Documents proving eligibility for postponement or exemption from decision compliance as prescribed in Clauses 1 and 3 of this Article.

5. Procedures for requesting postponement or exemption from compliance with decisions:

a) Within 2 working days from the date of receiving the decision to send to a drug rehabilitation center from the district-level People's Court, the person who must comply with the decision or the legal representative of the person from 12 years old to under 18 year olds must comply with the decision to send 01 set of dossiers requesting postponement or exemption as prescribed in Clause 4 of this Article to the district People's Court where the decision to apply the measure of sending to a compulsory drug rehabilitation center is made for review and resolve according to regulations;

b) The person who must comply with the decision or the parent, guardian, or legal representative must send 01 copy of the dossier requesting postponement or exemption from complying with the decision to the district-level Police agency and the Head of the Department of Labor, War Invalids and Social Affairs at the district level.

What is a proposal to reduce the time limit, postpone or exempt the remaining time at a compulsory rehabilitation center in Vietnam?

Pursuant to Article 58 of Decree 116/2021/ND-CP, it is stipulated as follows:

1. Conditions for reducing the compulsory rehabilitation period:

a) Reduce the time limit from 01 to 03 months for people who have served half of the compulsory rehabilitation period at a rehabilitation center, with at least 03 recent months classified as good or better according to management and evaluation regulations of learning and drug treatment results at the facility;

b) Reducing the time limit from 03 to 06 months for people who have served half of the compulsory rehabilitation period at a rehabilitation center, have achieved merit, and have had at least 03 recent months classified as good or better according to regulations to manage and evaluate learning and rehabilitation results at the facility.

2. Conditions for temporary suspension of decision implementation:

Seriously ill people must be treated as inpatients for more than 10 days at medical facilities at district level or higher. In case a seriously ill person recovers his health and has 3 months or more left to comply with the decision, he or she must continue to comply.

3. Conditions for exemption from serving part of the decision execution time at a compulsory rehabilitation center:

a) The person is temporarily suspended from implementing the decision if he or she has made clear progress or made achievements;

b) People with serious illnesses requiring long-term treatment of 6 months or more;

c) Pregnant women;

d) People aged 14 years or older who are undergoing compulsory drug treatment are found to have committed a crime before or during the period of serving the decision on compulsory drug treatment and are sentenced to imprisonment by the Court but are not entitled to a suspended sentence will be exempted from serving the remaining time in the decision to send them to a compulsory rehabilitation center.

4. Application documents include:

a) Written request to reduce the time limit, temporarily suspend or exempt the remaining time at the compulsory rehabilitation center from the Director of the compulsory rehabilitation center according to Form No. 43, Appendix II of this Decree;

b) List of people who are currently serving and are requested to reduce the time limit, temporarily suspend or exempt them from serving the remaining time according to Form No. 44, Appendix II of this Decree;

c) Documents proving that the person who is complying with the decision belongs to the subjects specified in Clauses 1, 2, 3 of this Article.

5. Implementation sequence:

a) Every 03 months or when there are subjects specified in Clauses 2 and 3 of this Article, the Director of the compulsory rehabilitation center is responsible for reviewing and preparing documents and a list of subjects requesting a temporary or temporary reduction of the duration. Suspension or exemption from serving the remaining time at a compulsory rehabilitation facility;

b) The application dossier and list of subjects who are requested to reduce the time limit, temporarily suspend or exempt them from serving the remaining time at the compulsory rehabilitation facility must be posted and publicly announced to drug addicts at rehabilitation facilities for at least 05 working days;

c) After the deadline for posting and public announcement, the Director of the compulsory rehabilitation center shall send 01 set of documents as prescribed in Clause 4 of this Article to the district People's Court where the compulsory rehabilitation center is located for consideration and resolution.

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