Maximum Duration of Mandatory Rehab
Subjects Subject to Mandatory Rehabilitation Measures
According to the provisions of Article 96 of the 2012 Law on Handling of Administrative Violations and the Amended Law on Handling of Administrative Violations of 2020, effective from January 1, 2022, the subjects who shall be subject to the measure of being sent to a mandatory rehabilitation facility are specified as follows:
Drug addicts aged 18 years or older are subject to mandatory rehabilitation measures as prescribed by the Law on Prevention and Control of Narcotic Drugs.
However, the mandatory rehabilitation measure shall not be applied to the following cases:
- Persons with no administrative responsibility;- Pregnant women with certification from a medical examination and treatment establishment from the district level or higher;- Women or the only person currently raising a child under 36 months of age, as confirmed by the People's Committee of the commune where the person resides.
Maximum Duration of Mandatory Rehabilitation
According to Article 95 of the 2012 Law on Handling of Administrative Violations, the duration for mandatory rehabilitation measures is specified as follows:
The duration for applying the measure of being sent to a mandatory rehabilitation facility is from 12 months to 24 months.
=> Thus, according to the above regulations, the duration for a person to be subject to mandatory rehabilitation measures is a minimum of 12 months and a maximum of 24 months.
Can the Duration of Mandatory Rehabilitation be Reduced if the Husband's Wife Gives Birth?
According to Article 58 of Decree 116/2021/ND-CP, the conditions for reducing the duration of mandatory rehabilitation are specified as follows:
- Conditions for reducing the duration of mandatory rehabilitation:
- The duration can be reduced from 01 to 03 months for individuals who have completed at least half of the mandatory rehabilitation period at the facility and have received a "good" rating or higher for at least the last 03 months based on the facility’s management and evaluation criteria;- The duration can be reduced from 03 to 06 months for individuals who have completed at least half of the mandatory rehabilitation period at the facility and have made an outstanding contribution, and have received a "good" rating or higher for at least the last 03 months based on the facility’s management and evaluation criteria.
=> Thus, according to the above regulations, a person subject to mandatory rehabilitation measures may only have their duration reduced if they meet the rating criteria for reduction. The case of the husband's wife giving birth does not fall under the category for mandatory rehabilitation duration reduction.
Regards.
