9 principles for considering and deciding to send to a compulsory detoxification establishment

Ordinance 01/2022/UBTVQH15 on the order and procedures for the People's Court to consider and decide to send drug addicts from full 12 to under 18 years old to compulsory detoxification establishments approved by the National Assembly Standing Committee passed on March 24, 2022.

9 principles for considering and deciding to send to a compulsory detoxification establishment

9 principles for considering and deciding to send to a compulsory detoxification establishment (Illustration image)

Accordingly, there are 9 principles for considering and deciding to send to a compulsory detoxification establishment as follows:

(1) Only consider and decide to send to a compulsory detoxification establishment for drug addicts from full 12 years old to under 18 years old (hereinafter referred to as the proposed person) when falling into one of the specified cases. in Clause 1, Article 33 of the Law on Drug Prevention and Control .

(2) The consideration and decision to send to a compulsory detoxification establishment must ensure the best interests of the proposed person; ensure friendly procedures, suitable to psychology, gender, age, maturity level, cognitive ability of the proposed person.

(3) Ensuring the privacy of the proposed person's private life.

(4) Ensure the right of the petitioner to participate, present his/her opinions before the Court, and argue at the meeting in accordance with this Ordinance.

(5) The proposed person, the proposed person's parents or guardians have the right to protect the proposed person's lawful rights and interests by themselves or through a lawyer or other person.

If the proposed person does not have a defender of his/her legitimate rights and interests, the court shall request the bar association to assign a law-practicing organization to appoint a lawyer; The state legal aid center appoints legal assistants and lawyers to provide legal aid to legal aid recipients in accordance with the Law on Legal Aid to protect their legitimate rights and interests. .

The court guarantees the right to protect the legitimate rights and interests of the petitioner.

(6) The consideration and decision to send to a compulsory detoxification establishment shall be made by a judge. When considering and deciding to put in a compulsory detoxification establishment, the judge is independent and only obeys the law. Ensuring the impartiality of those conducting the meeting to consider and decide to send them to compulsory detoxification establishments.

(7) To ensure that the consideration and decision on sending to compulsory detoxification establishments is carried out quickly and in a timely manner.

(8) The spoken and written language used in the consideration and decision to send to a compulsory detoxification establishment at the Court is Vietnamese.

The proposed person, his/her parents or guardian or legal representative have the right to use their own language and script and must have an interpreter.

(9) Ensuring the right to be considered at two levels in considering and deciding to send to compulsory detoxification establishments.

Ordinance 01/2022/UBTVQH15  takes effect from March 24, 2022.

See more order of sending people from full 12 to under 18 years old to compulsory detoxification HERE

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