On October 26, 2009, the Government of Vietnam promulgated Decree 94/2009/ND-CP providing guidance on the amended Law on Drug Prevention and Control regarding post-rehabilitation management.
Persons having completed rehabilitation may be absent from their place of residence in Vietnam within 30 days (Illustrative Image)
To be specific, at Article 13 Decree 94/2009/ND-CP stipulates that during the period of complying with the decision on post-rehabilitation management at the place of residence, persons having completed rehabilitation may be absent from their place of residence for justified reasons, but each absence shall not exceed thirty days, and the total absence shall not exceed one-third of the duration of the applied post-rehabilitation management measures as follows:
- In the case of an absence from the place of residence up to ten days, it is required to notify the organization, helper, or the Commune-level People's Committee;- In the case of an absence from the place of residence from over ten to thirty days, it is necessary to submit an application for permission specifying the reason, duration, and destination, accompanied by the opinion of the organization or the person assigned to directly assist, and receive approval from the Chairman of the Commune-level People's Committee or the Head of the Commune-level Police where the residence is located.
persons having completed rehabilitation are responsible for reporting to the local police where they stay. Upon the expiry of the authorized stay, there must be confirmation from the Head of the Commune-level Police at the destination regarding the stay duration and law compliance at the place of residence.
The period of absence from the place of residence will be counted in the duration of the compliance with the decision if the individual does not violate the law at the place of stay. If there are violations, or if the absence is not reported, or not approved by the Head of the Commune-level Police, the absence period will not be counted in the post-rehabilitation management duration.
In cases of legitimate reasons such as changing permanent residence registration, attending school, obtaining stable employment, or other justified reasons, the post-rehabilitation individual must submit an application and have the opinion of the organization or person assigned to manage and assist. Based on the application and those opinions, the Chairman of the Commune-level People's Committee where the post-rehabilitation individual resides will consider and resolve.
Details can be seen in Decree 94/2009/ND-CP which takes effect from December 22, 2009.
Ty Na
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