Procedure for Legal Compliance Review of Compulsory Rehabilitation Records by the Head of the District Judicial Division in Vietnam

Procedure for Legal Compliance Review of Compulsory Rehabilitation Records by the Head of the District Judicial Division in Vietnam​ (Illustrative image)

Article 12 of Decree 221/2013/ND-CP stipulates the procedure for legal compliance review of compulsory rehabilitation records by the head of the district judicial division in Vietnam as follows:

1. Upon the expiration of the dossier review period specified at Point d Clause 2 Article 11 of Decree 221/2013/ND-CP, the dossier-preparing agency shall paginate the dossier and create two copies. The original is sent to the District-level Judicial Office Chief for legal scrutiny, and the duplicate is retained by the dossier-preparing agency in compliance with archival laws.

2. Within 05 working days from the receipt of the dossier proposing the measure of compulsory detoxification, the District-level Judicial Office Chief is responsible for checking the legal validity of the dossier. The inspection results must be documented in writing and sent to the District-level Department of Labor, War Invalids, and Social Affairs.

3. The legal scrutiny of the dossier proposing the measure of compulsory detoxification as stipulated in Clause 2 Article 12 of Decree 221/2013/ND-CP must ensure suitability and comprehensiveness according to the administrative violation handling laws concerning the following issues:

- Documents and papers in the dossier proposing the measure of compulsory detoxification as stipulated in Article 9 of Decree 221/2013/ND-CP;

- The statute of limitations for imposing the measure of compulsory detoxification as regulated in Article 4 of Decree 221/2013/ND-CP;

- Subjects to be subjected to the measure of compulsory detoxification as defined in Article 3 of Decree 221/2013/ND-CP;

- The period considered as not having been subjected to community-based educational measures at the society, ward, commune-level town as specified at Clause 2 Article 7 of the Law on Handling of Administrative Violations;

- The authority to prepare the dossier;

- Procedures for preparing the dossier proposing the measure of compulsory detoxification as specified in Article 8 of Decree 221/2013/ND-CP.

More details can be found in Decree 221/2013/ND-CP, effective from February 15, 2014.

Thuy Tram

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