Recently, the Government of Vietnam has issued Decree 94/2009/ND-CP guiding the amended Law on Drug Prevention and Control regarding post-rehabilitation supervision in Vietnam.
Postponement or exemption from post-rehabilitation supervision at Centers in Vietnam (Illustrative photo)
Specifically, Article 23 of Decree 94/2009/ND-CP stipulates the postponement or exemption from post-rehabilitation supervision at Centers in Vietnam as follows:
1. Post-rehabilitation individuals shall be granted deferral of the decision in the following cases:
- Seriously ill with certification from a medical facility of district level or higher;
- Family facing particular difficulties certified by the Chairman of the commune People's Committee where the individual resides;
- Women who are pregnant or raising children under thirty-six months old.
2. Post-rehabilitation individuals shall be exempted from enforcement of the decision in the following cases:
- Suffering from a terminal illness with certification from a medical facility of district level or higher;
- AIDS patients in the terminal stage.
3. Procedure for considering the deferral or exemption from post-rehabilitation management measures:
- Post-rehabilitation individuals in the cases mentioned above shall submit an application to the Director of the Treatment – Education – Social Labor Center or the Director of the post-rehabilitation management Center; For individuals who have a decision but have not yet been transferred to the post-rehabilitation management Center, the Director of the Treatment – Education – Social Labor Center will receive the application for deferral or exemption; for individuals complying with the decision in the post-rehabilitation management Center, the Director of the post-rehabilitation management Center will receive the application for deferral or exemption.
- Within two days from the receipt of the application, the Director of the Treatment – Education – Social Labor Center, and the Director of the post-rehabilitation management Center shall send a document to the Head of the Labor – Invalids and Social Affairs Department of the district where the individual was admitted to the Treatment – Education – Social Labor Center;
- Within three days from the receipt of the document from the Director of the Treatment – Education – Social Labor Center, and the Director of the post-rehabilitation management Center, the Head of the Labor – Invalids and Social Affairs Department shall verify and send a document to the Chairman of the district People's Committee;
- Within two days from the receipt of the document from the Head of the Labor – Invalids and Social Affairs Department, the Chairman of the district People's Committee shall consider and decide on the deferral or exemption from the enforcement of the decision to apply post-rehabilitation management measures at the Center.
For details, refer to Decree 94/2009/ND-CP which comes into force in Vietnam from December 22, 2009.
Ty Na
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