No Stable Residence: The Only Condition for Compulsory Rehab?

How to Identify a Person Without a Stable Residence?

According to Clause 3 of Article 41 of Decree 105/2021/ND-CP on verification of residence, the criteria for identifying a person without a stable residence include:

- A person who has registered permanent or temporary residence but does not live at the registered place of permanent or temporary residence, with certification from the Chief of the commune-level Police where the person is registered stating that the person does not reside at the registered place and their current whereabouts are unknown;

- Family members, as defined by law on marriage and family, providing information to the authorities stating they do not know the person's current whereabouts and occupation, and the Police checking data in the National Database of Population, the Residence Database, the file system of residence records, and the identity records also cannot determine the person's whereabouts;

- A person who has neither permanent nor temporary residence and has lived at the current place of residence for less than 30 days.

Is Being Without a Stable Residence the Only Reason for Mandatory Rehabilitation?

Clause 1 of Article 96 of the Law on Handling Administrative Violations 2012 stipulates the subjects to whom mandatory rehabilitation measures apply:

The subjects to whom mandatory rehabilitation measures apply are drug addicts aged 18 and above who have been subjected to educational measures at the commune, ward, or commune-level town and are still addicted or have not been subjected to such measures but do not have a stable residence.

Accordingly, there are 02 groups of subjects to be subjected to mandatory rehabilitation measures:

+ Drug addicts aged 18 and above who have been subjected to educational measures at the commune, ward, or commune-level town and are still addicted;

+ Drug addicts aged 18 and above who do not have a stable residence.

In the case where a drug addict aged 18 and above has a stable residence but falls into the first group, they will still be subjected to mandatory rehabilitation.

Respectfully!