Hanoi-Vietnam: Measures and forms of drug rehabilitation

According to Clause 4, Article 1 of the Law on Amendments of Law on Drug Prevention and Fight 2008, the measures and forms of drug rehabilitation in Vietnam are as follows:

"1. Drug rehabilitation measures include:

a. Voluntary drug rehabilitation;

b. Compulsory drug rehabilitation;

2. Forms of drug rehabilitation consist of:

a. Home-based drug rehabilitation;

b. Community-based drug rehabilitation;

c. Drug rehabilitation in drug rehabilitation centers.”

According to current legal regulations, drug addicts must self-declare their state of drug dependence and register the form of rehabilitation with local authorities. Acceptance of individuals into rehabilitation must meet diagnostic criteria for addiction and withdrawal syndrome. The forms of drug rehabilitation prescribed by Vietnamese  law include

Rehabilitation at Home:

Articles 8 and 9 of Decree No. 94/2010/ND-CP dated September 9, 2010, stipulate the organization of drug rehabilitation at home and in the community:

- The persons undergoing at home are drug addicts residing in the community who voluntarily self-declare and register for rehabilitation at home.

- Drug addicts, or their families and guardians (for minors), are responsible for registering for voluntary rehabilitation at home with the People's Committee at the commune level of residence.

- The working group assisting the Chairman of the commune-level People's Committee shall receive the registration dossiers for voluntary rehabilitation at home.

* Registration dossier includes:

- A voluntary rehabilitation registration application at home by the addict themselves, or their family/guardian. The application must include information about the state of drug dependence, forms of rehabilitation previously joined, health status, and commitment to voluntary rehabilitation at home;

- The résumé of the drug addict;

- The personal rehabilitation plan of the drug addict.

Rehabilitation in the Community:

Articles 16 and 17 of Decree No. 94/2010/ND-CP dated September 9, 2010 stipulate the organization of drug rehabilitation at home and in the community:

- Individuals subject to mandatory rehabilitation in the community are drug addicts residing in the community who do not voluntarily self-declare and register for rehabilitation at home or in the community.

- Mandatory rehabilitation in the community shall not be applied in the following cases:

+ Drug addicts who are under educational measures at the commune level according to the Law on Handling of Administrative Violations;

+ Drug addicts subject to compulsory medical treatment facilities, educational institutions, or reformatory schools according to the Ordinance on Handling of Administrative Violations;

+ Drug addicts under post-rehabilitation management measures at local residences or rehabilitation management centers as prescribed by the Law on Drug Prevention and Control.

* Dossier proposal for applying mandatory rehabilitation in the community:

- The Head of the commune police (or equivalent) takes charge of preparing the dossier proposal for applying mandatory rehabilitation in the community and submits it to the working group.

- The dossier includes:

+ The résumé of the drug addict;

+ Minutes or documents confirming the state of drug dependence;

+ A written proposal by the Head of the commune police (or equivalent) for applying mandatory community rehabilitation measures.

The duration of drug rehabilitation at home or in the community is from six months to twelve months, calculated from the date of signing the decision for home rehabilitation, voluntary rehabilitation, or mandatory community rehabilitation.

Mandatory rehabilitation at Centers:

Under Clauses 1 and 2, Article 1 of Decree No. 136/ND-CP dated September 9, 2016, of the Government of Vietnam on Amendments to Decree No. 211/2013/ND-CP dated December 30, 2013, of the Government of Vietnam, policies on the enforcement of mandatory rehabilitation as follows:

- Drug addicts aged 18 and above, with stable residences, within two years from the completion date of the decision to apply educational measures at the commune level due to drug addiction, or within one year from the expiry date of the decision to apply educational measures at the commune level due to drug addiction, who are still addicted;

- Drug addicts aged 18 and above, with stable residences, who are terminated from the enforcement of educational measures at the commune level due to drug addiction;

- Drug addicts aged 18 and above, without stable residences.

Proposal dossier for applying measures to send into mandatory rehabilitation centers:

- For drug addicts with stable residences:

+ The summary of the personal history of the proposed individual for mandatory rehabilitation;

+ The statement of the proposed individual or their legal representative;

+ The minutes of administrative violations regarding illegal drug use or a positive drug test at the time of dossier preparation;

+ A copy of the certificate of completion of educational measures at the commune level for cases specified in Clause 1, Article 3 of this Decree, or a copy of the decision to terminate enforcement of educational measures at the commune level for cases specified in Clause 2, Article 3 of this Decree.

- For drug addicts without stable residences:

+ The summary of the personal history of the proposed individual for mandatory rehabilitation measures;

+ The statement of the proposed individual or their legal representative;

+ The minutes of administrative violations regarding illegal drug use or a positive drug test at the time of dossier preparation;

+ A response form from an authorized person (doctors or medical officers at commune health stations, military clinics, district hospital clinics, or higher-level medical facilities within mandatory rehabilitation centers with practice certificates according to the Law on Medical Examination and Treatment and training certificates on drug withdrawal treatment issued by a competent authority. The Ministry of Health provides guidance on training and issuing certificates for drug withdrawal treatment) on the current state of drug dependence of the proposed individual for mandatory rehabilitation measures;

+ Documents confirming that the drug addict has no stable residence.

The duration of drug rehabilitation at mandatory rehabilitation centers is from one year to two years.

Source: Electronic Information Portal of Bac Giang Department of Justice

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