Postponement or exemption from post-rehabilitation supervision at Centers in Vietnam

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.

Hoãn hoặc miễn chấp hành quyết định áp dụng BPQL, Nghị định 94/2009/NĐ-CP

 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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