Provisions on home-based drug rehabilitation

Organization of home-based drug rehabilitation

Previously, according to Article 9 of the Decree No. 94/2010/ND-CP, the regulations on home-based drug withdrawal are as follows:

- Drug addicts or their families and guardians must register voluntary drug rehabilitation with the People's Committee of the commune where they reside.

The Working Team shall assist the chairperson of the commune-level People's Committee in receiving the dossier for voluntary rehabilitation at home.

- A registration dossier comprises:

+ Registration form for voluntary drug rehabilitation in families of the drug-dependent person or his/her family or guardian; Contents of the application shall include: drug dependence status; forms of drug rehabilitation participated; health; commitment to voluntarily participate in the family-based drug rehabilitation;

+ The drug addict's resume;

+ The plan for personal rehabilitation of the drug-dependent person."

Accordingly, the drug-dependent person or his/her family or guardian may register for voluntary drug rehabilitation in his/her family. However, the Decree No. 94/2010/ND-CP expires on January 01, 2022.

Pursuant to Article 16 of the Decree No. 116/2021/ND-CP prescribing conditions for provision of voluntary drug rehabilitation services in families and communities as follows:

"Article 16. Conditions for provision of voluntary drug detoxification services in families and communities

Organizations and individuals providing voluntary drug detoxification services in families and communities must satisfy the following conditions:

1. To be established, organized and operate in accordance with law; individuals may not be examined for penal liability or serve a criminal sentence of a court, or not be banned from practice or working.

2. Regarding material foundations, equipment and facilities:

a/ Having material foundations for receiving and providing detoxication services within the registered service scope. If inpatient services are provided, the service provider must satisfy the conditions for accommodation and other standards specified in Point b Clause 2 and Clause 4 Article 6 of this Decree;

b/ Having equipment for providing rehabilitation services according to the provisions of Section A of Appendix I to this Decree.

3. On personnel:

a) There is at least 01 person who is in charge of provision of services and qualifications suitable for the profession;

b) The personnel must satisfy the conditions and standards prescribed in Clause 2 Article 8 of this Decree."

Accordingly, organizations and individuals must satisfy all the above conditions can be permitted to provide family-based drug rehabilitation services.

Provisions on home-based drug rehabilitation in Vietnam

Handling of acts of organizing drug detoxification without permit

Clause 7 Article 23 of the Decree No. 144/2021/ND-CP shall be elaborated as follows:

"Article 23.- Violation of regulations on drug prevention, fighting and control

1. A warning or a fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for illegally using drugs.

…

7. A fine of from 50,000,000 VND to 75,000,000 VND shall be imposed for organizing voluntary drug rehabilitation without registration or operation license.

8. Additional penalties:

a) Seizure of objects used as exhibits for administrative violations referred to in paragraph 1, 2, 3, 4, 5, 6 and 7 of this Article;

b) Suspend the license, the practicing certificate or the certificate of satisfaction of security and order conditions for 06 - 12 months if the violation prescribed in Point a Clause 4 or Clause 6 of this Article is committed;

c) Mandatory suspension of operation for 3 to 6 months imposed for violations specified in Points b and g Clause 5 hereof;

d/ Expulsion of foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

9. Remedial measures:

Enforced transfer of illegal benefits obtained from administrative violations prescribed in Clause 6 of this Article."

Accordingly, if the voluntary drug detoxification organization has not yet been licensed, it shall be subject to a administrative fine of between VND 50,000,000 and 70,000,000. Note: The above fine level is fine level applied to administrative violations of individuals. The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation. Besides, the material evidences and/or means of violation may also be confiscated if the foreigners who have committed acts of violation may be expelled.

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