Regulations on post-rehabilitation management in places of residence in Vietnam

Regulations on post-rehabilitation management in places of residence in Vietnam (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

1. Regulations on post-rehabilitation management in places of residence in Vietnam

Regulations on post-rehabilitation management in places of residence according to Article 40 of the Law on Prevention and Control of Narcotic Substances 2021 are as follows:

- Persons having completed voluntary rehabilitation, persons having completed opioid substitution therapy and persons from 12 to under 18 years old having fully served compulsory rehabilitation decisions shall be subject to post-rehabilitation management for 01 year starting from the date on which rehabilitation is completed or the compulsory rehabilitation decision is fully served.

- Persons having fully served decisions on imposition of administrative penalty of compulsory rehabilitation in rehabilitation centers shall be subject to post-rehabilitation management for 02 years starting from the date on which the decision is fully served.

- Post-rehabilitation management consists of:

+ Draw up list of persons subject to post-rehabilitation management;

+ Provide counsel and assistance, and prevent relapse;

+ Monitor, detect and prevent illegal use of narcotic substances.

- Social assistance during post-rehabilitation management includes:

+ Assistance for persons from 12 to under 18 years old to receive general education;

+ Assistance for vocational training, loans, job search and participation in social activities for integration into society.

- Chairpersons of commune-level People’s Committees have the power to issue decisions on and organize post-rehabilitation management and social assistance.

2. Regulations on formulation of applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation

Regulations on formulation of applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation in Vietnam according to Article 34 of the Law on Prevention and Control of Narcotic Substances 2021 are as follows:

- An application to send a drug addict from 12 to under 18 years old to a rehabilitation center for compulsory rehabilitation shall be formulated as follows:

+ Chairperson of the People’s Committee of the commune where the drug addict resides or committed the violation (if their place of residence cannot be determined) shall formulate the application;

+ The district-level or provincial police force that found the drug addict directly or during the investigation into or handling of a violation against the law shall verify, collect documents and formulate the application;

+ An application includes an offence notice, curriculum vitae, documentary proof of narcotic substance dependence of the drug addict, statement of the drug addict or legal representative thereof, and opinion of the father, mother, guardian or legal representative;

+ The commune-level police shall assist the Chairperson of the People’s Committee at the same level in collecting documents and formulating the application according to regulations in Point a Clause 1 of Article 34 of the Law on Prevention and Control of Narcotic Substances 2021.

- The regulatory body or person formulating the application according to Clause 1 herein shall take responsibility for the validity of the application. After completing the application, the regulatory body or person formulating the application shall notify the drug addict and their father, mother, guardian or legal representative of the application in writing.

These persons have the right to read the application and have their opinions on the application recorded within 03 working days from the date of receipt of the notification.

- Within 01 working day after the deadline for reading the application, the regulatory body or person formulating the application shall send it to the head of the labor - war invalid and social affairs authority of the district where the drug addict resides or committed the violation (if their place of residence cannot be determined).

Within 02 working days from the date of receipt of the application, the head of the labor - war invalid and social affairs authority shall decide to send the application to the People’s Court of the district for decision on sending the drug addict to a rehabilitation center.

If the application is inadequate, the head of the labor - war invalid and social affairs authority shall return it to the regulatory body or person formulating it for amendment, which must be completed within 02 working days from the date of receipt of the returned application.

Within 02 working days from the date of receipt of the amended application, the head of the labor - war invalid and social affairs authority shall decide to send it to the People’s Court of the district for decision on sending the drug addict to a rehabilitation center.

- Application to the district-level People’s Court for consideration of and decision on sending the drug addict to a rehabilitation center for compulsory rehabilitation includes:

+ The application to send the drug addict to a rehabilitation center formulated according to regulations in Point c Clause 1 of Article 34 of the Law on Prevention and Control of Narcotic Substances 2021;

+ Proposal for sending the drug addict to a rehabilitation center from the head of the district-level labor - war invalid and social affairs authority.

This proposal must include opinions on children’s rights protection.

- Applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation must have their pages numbered and retained as per regulations of law on archiving.

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