The time limit for considering and deciding the transfer of compulsory rehabilitation dossiers in Vietnam is 07 days

The time limit for considering and deciding the transfer of compulsory rehabilitation dossiers in Vietnam is 07 days (Illustration)

According to Article 13 of Decree 221/2013/ND-CP, the consideration and decision to transfer the dossiers requesting the application of the measure of sending to a compulsory rehabilitation center are stipulated as follows:

1. Within a period of 07 days, from the date of receiving the application dossier from the Head of the Justice Department, the Head of the Department of Labor - Invalids and Social Affairs will compare the application dossier as stipulated in Article 9 of Decree 221/2013/ND-CP with the content of the document inspecting the legality of the Head of the District-Level Justice Department.

- In case the dossier is complete, it will be numbered and made into two copies, with the original dossier transferred to the District People's Court and one copy stored at the Department of Labor - Invalids and Social Affairs as stipulated by the law on archiving;

- In case the dossier is incomplete, a document requesting the agency to complete the dossier will be issued, clearly stating the reasons and the documents needed to be added to the dossier. Within 05 working days from the date of receiving the request document, the agency creating the dossier must supplement the documents as requested. After this period, if the dossier is not supplemented, the Head of the Department of Labor - Invalids and Social Affairs will return the dossier to the agency that created it and simultaneously notify in writing the Head of the Justice Department and the person for whom the request for compulsory rehabilitation is made.

2. The application dossier for the District People's Court to consider applying the measure of sending to a compulsory rehabilitation center:

- Application dossier for the measure of sending to a compulsory rehabilitation center as stipulated in Article 9 of Decree 221/2013/ND-CP;

- Request document from the Head of the District Department of Labor - Invalids and Social Affairs for applying the measure of sending to a compulsory rehabilitation center to the District People's Court. The document specifies the name of the compulsory rehabilitation center where the person subjected to the measure will be enforced.

3. In case the Court issues a document requesting clarification on certain contents of the dossier, the Head of the Department of Labor - Invalids and Social Affairs is responsible for responding in writing and clearly stating the reasons.

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

Thuy Tram

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