Do Drug Addicts with Stable Residences Have to Undergo Mandatory Rehabilitation?

According to Article 95 of the Law on Handling Administrative Violations 2012, being sent to a compulsory detoxification center is an administrative handling measure applied to individuals who violate the regulations stipulated in Article 96 of this Law for the purposes of medical treatment, labor, cultural education, and vocational training under the management of a compulsory detoxification center.

According to Clause 1, Article 96 of the Law on Handling Administrative Violations 2012, the subjects to whom the measure of being sent to a compulsory detoxification center is applied include drug addicts from 18 years of age and above who have been subjected to educational measures at the commune, ward, or commune-level town level but are still addicted or have not been subjected to this measure but do not have a stable residence.

Clause 1, Article 1 of Decree 136/2016/ND-CP specifically guides the subjects to whom the measure of being sent to a compulsory detoxification center is applied:

- Drug addicts from 18 years of age and above, with a stable residence, within 2 years from the date of fulfilling the decision to apply the educational measure at the commune, ward, or commune-level town level due to drug addiction, or within 1 year from the expiration date of the execution period of the decision to apply the educational measure at the commune, ward, or commune-level town level due to drug addiction, but are still addicted.

- Drug addicts from 18 years of age and above, with a stable residence, who have had the decision to apply the educational measure at the commune, ward, or commune-level town level terminated due to drug addiction.

- Drug addicts from 18 years of age and above, without a stable residence.

According to these regulations, a drug addict from 18 years of age and above with a stable residence will still be sent to compulsory detoxification if they fall into one of the following three cases:

- Within 2 years from the date of fulfilling the decision to apply the educational measure at the commune, ward, or commune-level town level due to drug addiction, but are still addicted;

- Within 1 year from the expiration date of the execution period of the decision to apply the educational measure at the commune, ward, or commune-level town level due to drug addiction, but are still addicted;

- Have had the decision to apply the educational measure at the commune, ward, or commune-level town level terminated due to drug addiction.

Thus, your 21-year-old brother, who is a drug addict with a stable residence, will still be sent to compulsory detoxification if he falls into one of the three cases mentioned above.

Sincerely!