There are two forms of addiction treatment: voluntary and compulsory. Individuals belonging to these two groups, when committing the act of escaping from the addiction treatment facility, will incur different legal consequences.
Article table of contents
Can evading rehabilitation be penalized? (Illustrative image)
1. When is rehabilitation mandatory - Is there any penalty for evading rehabilitation?
According to Clause 11, Article 2 of the Law on Prevention and Control of Narcotic Drugs 2000, concerning the definition of a drug addict: "A drug addict is someone who uses narcotic substances, addictive drugs, or psychotropic substances and is dependent on them". They have a responsibility to self-report their drug addiction to their workplace organization or the People’s Committee at the commune level where they reside and self-register for the form of drug rehabilitation. Although the State has a policy encouraging voluntary drug rehabilitation, if addicts do not comply, they must undergo compulsory rehabilitation within the community by decision of the Chairman of the commune-level People’s Committee.
In cases where drug addicts aged 18 and above have already undergone rehabilitation within the family or community or have been educated multiple times at the commune level but are still addicted or have no definite place of residence, compulsory rehabilitation at a rehabilitation center is required (Clause 1, Article 28 of the Law on Prevention and Control of Narcotic Drugs 2000).
However, if drug addicts do not comply and attempt to evade rehabilitation, certain penalty measures will be applied.
2. Measures and penalties for individuals evading rehabilitation
For voluntary rehabilitants: In this case, they are considered to have abandoned rehabilitation.
For compulsory rehabilitants:
- The measures applied when an individual evades rehabilitation are regulated in Article 17 of Decree 221/2013/ND-CP governing the policies for administrative measures involving compulsory rehabilitation centers, specifically:
Article 17. Pursuing individuals evading compulsory rehabilitation
If an individual subject to compulsory rehabilitation at a rehabilitation center escapes before being taken to the center, the district-level Police where the court decided the measure will issue a search decision.
If an individual escapes while undergoing rehabilitation at a center, the Director of the rehabilitation center will issue a search decision. The police are responsible for cooperating with the rehabilitation center in searching to bring the individual back to the center.
If an evading individual subject to compulsory rehabilitation is found and does not voluntarily comply with the authority's request, they will be escorted back to the rehabilitation center as regulated in Decree 112/2013/ND-CP, dated October 2, 2013, by the Government of Vietnam on procedures for administrative penalties, temporary detention, escorting, and managing foreigners violating Vietnamese laws pending expulsion.
The evasion period is not counted in the duration of the compulsory rehabilitation decision.
- Regarding penalties: Stipulated in Clause 3, Article 32 of Decree 221/2013/ND-CP:
- During the implementation of the compulsory rehabilitation decision, if a learner violates the regulations or internal rules of the rehabilitation center, they will be disciplined through one of the following measures:
a) Reprimand;
b) Warning;
c) Education in the disciplinary room.
- Additionally, Clause 2, Article 14 of Decree 167/2013/ND-CP stipulates:
Article 14. Violations of regulations on criminal procedure, criminal execution, and administrative handling measures
...
- A fine from VND 500,000 to VND 1,000,000 for violations of regulations on compliance with educational measures at the commune level, sending to reform schools, compulsory education centers, or compulsory rehabilitation centers.
Therefore, if a drug addict evades rehabilitation and is caught, they will face one of the disciplinary measures which include Reprimand, Warning, or Education in the disciplinary room, and an administrative fine ranging from VND 500,000 to 1,000,000. Furthermore, if during the evasion, any harm or damage occurs to property or individuals, depending on the severity of the actions, they may be subject to criminal responsibility.
For more details, see: Law on Prevention and Control of Narcotic Drugs 2000, Decree 221/2013/ND-CP, Decree 167/2013/ND-CP
Nguyen Phu
