The National Assembly Standing Committee has issued Ordinance 01/2022/UBTVQH15 on the order and procedures for the People's Court to consider and decide to send drug addicts aged from full 12 to under 18 years old to detoxification establishments. Obligatory.
Article table of contents
Order of sending people from full 12 to under 18 years old to compulsory detoxification (Illustration image)
Accordingly, guiding some contents on sending drug addicts from full 12 to under 18 years old to compulsory detoxification establishments are as follows:
1. Competence to consider and decide to send to compulsory detoxification establishments
- The court competent to consider and decide to send the person to a compulsory detoxification establishment is the People's Court of the district, town, provincial city, and city under the central-affiliated city where the person is proposed. residence or place of violation in case the place of residence of the proposed person cannot be determined.
- People's Courts of provinces and centrally run cities have the authority to review decisions of district-level People's Courts which are complained about, petitioned for or protested against.
2. Order of sending people from full 12 to under 18 years old to compulsory detoxification
(1) Time limit for considering and deciding to send to a compulsory detoxification establishment
Within 15 days after the Court accepts the application file of the Head of the Division of Labor - Invalids and Social Affairs, the Court must issue one of the following decisions:
+ Decision to send to compulsory detoxification establishment;
+ Decide not to send to compulsory detoxification establishments;
+ Decide to suspend the consideration and decision to send to compulsory detoxification establishments;
+ Decide to temporarily suspend the consideration and decision to send to compulsory detoxification establishments.
For complicated cases, this time limit may be extended but must not exceed 30 days.
(2) Receive and accept the application for sending to a compulsory detoxification establishment
- When receiving the application file from the Head of the Division of Labor - Invalids and Social Affairs, the Court must enter the delivery book; if the dossier is incomplete with documents as prescribed in Clause 4, Article 34 of the Law on Drug Prevention and Control , the court shall return the file and clearly state the reason.
- Within 01 working day from the day on which the complete application is received as prescribed in Clause 4, Article 34 of the Law on Drug Prevention and Control , the Court must accept it and assign a judge to consider and settle it.
(3) Assigning Judges to consider and decide to send to compulsory detoxification establishments
- Within 01 working day from the day on which the complete dossier is received, the chief judge of the court shall assign the judge to consider and decide to send him to a compulsory detoxification establishment.
The assigned judge must be a person who has been trained or experienced in handling cases involving people under 18 years of age or has the necessary knowledge of psychology and educational science for people under 18 years of age.
- The assigned judge must refuse to consider and decide if there are clear grounds to believe that they may not be impartial while on duty.
- In case the assigned judge is unable to continue performing his/her tasks or falls into a situation where he/she must refuse to consider and decide, the chief justice of the court shall assign another judge to consider and decide to send him/her to a drug rehabilitation establishment. tie.
(4) Notice of application handling
Within 02 working days from the date of acceptance, the Court must notify in writing the acceptance of the dossier to the Head of the Division of Labor, War Invalids and Social Affairs, the petitioner, his/her parents or the petitioner. guardian or legal representative of the proposed person and the same-level Procuracy.
(5) Check the application for sending to a compulsory detoxification establishment
- The assigned judge must examine the dossier on the following contents:
+ Documents in the application file as prescribed in Clause 4, Article 34 of the Law on Drug Prevention and Control ;
+ Competence, order and procedures for making dossiers of request for consignment to compulsory detoxification establishments.
- In case it is necessary to clarify the health, psychological, living and learning conditions of the petitioner, the judge may consult experts in health, psychology, education, sociology, representative of the school where the person is proposed to study, representative of the People's Committee of the commune, ward or township (hereinafter referred to as the People's Committee of the commune), representative of the Vietnam Fatherland Front Committee of the commune and member organizations of the Front where the proposed person resides and other agencies, organizations and individuals.
- Within 03 working days from the date of assignment, based on the results of the examination of the dossier, the judge must decide on one of the following matters:
+ Request additional documents;
+ Suspend, temporarily suspend the consideration and decision to send to compulsory detoxification establishments;
+ Open a meeting to consider and decide to send him to a compulsory detoxification establishment.
(6) Decide to open a meeting to consider and decide to send to a compulsory detoxification establishment
Within 07 working days from the date of issuing the decision to open the meeting, the court must open a meeting to consider and decide to send to a compulsory detoxification establishment.
See more at Ordinance 01/2022/UBTVQH15 effective from March 24, 2022.
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