Nghị định 147/2003/NĐ-CP về điều kiện, thủ tục cấp giấy phép và quản lý hoạt động của các cơ sở cai nghiện ma túy tự nguyện

DECREE

PRESCRIBING THE CONDITIONS, PROCEDURES FOR GRANTING PERMITS TO, AND THE MANAGEMENT OF OPERATION OF, VOLUNTARY DRUG DETOXICATION ESTABLISHMENTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 30, 1989 Law on Protection of the People's Health;
Pursuant to the April 20, 1995 Law on State Enterprises and the June 12, 1999 Law on Enterprises;
Pursuant to the December 9, 2000 Law on Drug Prevention and Fight;
Pursuant to the February 25, 2003 Ordinance on Private Medical and Pharmaceutical Practice;
At the proposals of the Labor, War Invalids and Social Affairs Minister and the Health Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Subjects and scope of regulation

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Detoxication establishments shall be established by agencies, organizations or individuals according to law provisions and organize drug detoxication activities in the form of charged service, non-profit service or humanitarian and charity service.

2. Compulsory drug detoxication institutions under the Law on Drug Prevention and Fight and founded under the Ordinance on Handling of Administrative Violations shall not be governed by this Decree.

Article 2.- Encouraging voluntary drug detoxication activities

For agencies, organizations and individuals prescribed in Clause 1, Article 1, if they satisfy all conditions prescribed by this Decree and wish to establish detoxication establishments, competent State bodies shall consider, grant permits and create conditions for their drug detoxication activities.

Article 3.- Contents of permits for drug detoxication activities

1. Competent bodies shall consider and grant drug detoxication activity permits to detoxication establishments according to each content of the detoxication and rehabilitation process including:

a/ Treatment to stop addictive fits, detoxication and health rehabilitation;

b/ Education and rehabilitation of good behaviors, personality;

c/ Therapeutic labor, preparation for community integration and combat against relapse into addiction;

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2. The grant of drug detoxication activity permits according to the contents prescribed at Points b and c, Clause 1 of this Article shall only apply to detoxication establishments which are operating according to such contents. For newly founded establishments, permits shall only be granted according to the content prescribed at Point a or d, Clause 1 of this Article.

Article 4.- Prohibited acts

The following acts are strictly prohibited:

1. Organizing detoxication establishments illegally.

2. Lending, leasing, transferring drug detoxication activity permits or using them for other purposes.

3. Infringing upon the life, honor, dignity, health and property of persons undergoing drug detoxication at the detoxication establishments.

Chapter II

CONDITIONS FOR GRANTING DRUG DETOXICATION ACTIVITY PERMITS

Article 5.- Conditions for activities of treatment to stop addictive fits, detoxication and health rehabilitation

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1. On material foundations:

a/ In the specialized areas, there must be places for reception of drug addicts, stoppage of addictive fits, detoxication, first aid, post-fit stoppage supervision, health rehabilitation, testing and other necessary conditions as prescribed by the Health Ministry;

b/ There must be adequate electricity, water, fire prevention and fighting equipment and waste-water and waste-matter treatment systems according to regulations;

c/ There must be adequate medical equipment in service of the fit stoppage, detoxication, and post-fit stoppage and -detoxication health monitoring and rehabilitation strictly according to the regulations of the Health Ministry;

d/ There must be a separate management area for detoxicators being minors, women, persons suffering from dangerous contagious diseases, persons who have undergone detoxication for many times or persons having committed acts of disturbing public order in the detoxifying period.

e/ There must be measures and means to ensure security and order, to protect health and life of officials, employees as well as detoxicators at the detoxication establishments;

f/ Sanitary accommodation conditions must be ensured for drug detoxicators.

2. On personnel:

a/ Heads of the detoxication establishments or persons with professional responsibility for detoxication and health rehabilitation must be general doctors who have practiced their professions at the detoxication establishments for over three years and have been personally engaged in the detoxicating work for at least one year, or psychiatrists who have practiced their specialized profession for at least three years.

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Article 6.- Conditions for activities of behavior and personality education and rehabilitation

Detoxication establishments must ensure the following conditions:

1. On material foundations:

a/ There must be places for admission, health care and monitoring of, sanitary accommodation conditions for, detoxicators;

b/ There must be places for organizing learning classes, recreation and entertainment, physical training and sports, exercise, cultural and art activities according to the program on behavior and personality education and rehabilitation for detoxicators according to the regulations of the Labor, War Invalids and Social Affairs Ministry, the Education and Training Ministry and the Health Ministry.

2. On personnel:

a/ Heads of the detoxication establishments or persons in charge of detoxication and rehabilitation must have university degrees and have been engaged in the work of detoxicating and rehabilitating drug addicts for at least three years.

b/ There must be a contingent of managers, educators, psychologists, medical workers, guards, and other necessary titles, who have good ethics, be devoted to their professions, possess professional diplomas and certificates suitable to their assigned tasks and the scope of operation of their detoxication establishments.

Article 7.- Conditions for activities of therapeutic labor, preparation for community integration and combat against relapse into addiction

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1. On material foundations:

a/ There must be places for admission, health care and monitoring of, sanitary accommodation conditions for, detoxicators;

b/ There must be adequate land areas and workshops for organizing job-training classes and productive labor, implementing the therapeutic labor program suitable to drug detoxicators as prescribed by the Labor, War Invalids and Social Affairs Ministry and the Health Ministry;

c/ There must be places for recreation and entertainment, physical training and sport, cultural and art activities.

2. On personnel:

a/ Heads of the detoxication establishments or persons in charge of detoxication and rehabilitation must have intermediate professional or technical qualifications or higher, and have been engaged in the work of detoxicating and rehabilitating drug addicts for at least three years;

b/ There must be a contingent of managers, technicians, job trainers, psychologists, medical workers, guards, and other necessary titles, who have good ethics, be devoted to their professions, possess professional diplomas and certificates suitable to their assigned tasks and the scope of operation of their detoxication establishments.

Article 8.- Conditions for implementing the whole detoxication and rehabilitation process

Detoxication establishments shall be granted permits for implementing the whole detoxication and rehabilitation process only when they meet all conditions prescribed in Articles 5, 6 and 7 of this Decree.

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Basing themselves on the level of investment by the detoxication establishments in their material foundations and personnel, the competent bodies prescribed in Article 12 of this Decree shall consider and grant drug detoxication activity permits as follows:

1. For detoxication establishments currently engaged in drug detoxication activities according to each content of the detoxication and rehabilitation process prescribed at Points b and c, Clause 1, Article 3, if they meet all conditions prescribed in Articles 6 and 7 of this Decree, they shall be granted permits for continuing to operate according to such contents for two years. After two years, the competent bodies shall only grant drug detoxication activity permits to the detoxication establishments which operate according to the content prescribed at Point a or d, Clause 1, Article 3 of this Decree.

2. For detoxication establishments which are newly founded or carrying out drug detoxication activities according to the content prescribed at Point a or d, Clause 1 of Article 3, they shall be granted drug detoxication activity permits if they meet all conditions prescribed in Articles 5, 6 and 7 of this Decree.

Chapter III

PROCEDURES AND COMPETENCE TO GRANT, WITHDRAW DRUG DETOXICATION ACTIVITY PERMITS

Article 10.- Dossiers of application for drug detoxication activity permits

1. A dossier of application for a drug detoxication activity permit consists of:

a/ The application for a drug detoxication activity permit;

b/ Personal dossiers of founders of the detoxication establishment, including resumes, valid copies of professional and technical diplomas and/or certificates; health certificates issued by competent medical agencies;

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d/ A certificate of eligibility for medical examination and treatment practice, granted by the provincial/municipal Health Service, for fit-stoppage treatment, detoxication and health rehabilitation, as prescribed in Article 5 of this Decree.

2. For detoxication establishments which have been set up, the dossiers of application for drug detoxication activity permits must contain, apart from those papers prescribed in Clause 1, Article 10 of this Decree, valid copies of their business registration certificates or establishment decisions of competent bodies.

3. The applying agencies, organizations and individuals must pay charges and fees according to law provisions and the guidance of the Finance Ministry.

Article 11.- Procedures for receiving dossiers of application for drug detoxication activity permits

1. Dossiers of application for drug detoxication activity permits of detoxication establishments set up by agencies, organizations or individuals shall be sent to the provincial/municipal Labor, War Invalids and Social Affairs Services of the localities where the detoxication establishments are to be headquartered.

2. Dossiers of application for drug detoxication activity permits of detoxication establishments set up by ministries, branches or central bodies of mass organizations, socio-political or social organizations shall be sent to the Labor, War Invalids and Social Affairs Ministry.

Article 12.- Competence to grant drug detoxication activity permits

The Labor, War Invalids and Social Affairs Minister shall grant drug detoxication activity permits to the detoxication establishments.

Article 13.- Time limit for the grant of drug detoxication activity permits and valid duration thereof

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a/ The provincial/municipal Labor, War Invalids and Social Affairs Services shall have to verify the dossiers prescribed in Article 10 of this Decree, report on the verification results to the Labor, War Invalids and Social Affairs Minister for consideration and grant of drug detoxication activity permits to the detoxication establishments under the provisions of Clause 1, Article 11 of this Decree;

Where all conditions are not met for the grant of drug detoxication activity permits, the directors of the Labor, War Invalids and Social Affairs Services must issue written replies, clearly stating the reasons therefor.

b/ The Labor, War Invalids and Social Affairs Ministry shall have to verify and consider the dossiers prescribed in Article 10 of this Decree with the participation of the provincial/municipal Labor, War Invalids and Social Affairs Services of the localities where the detoxication establishments are to be headquartered for the grant of drug detoxication activity permits to the detoxication establishments prescribed in Clause 2, Article 11 of this Decree. In case of refusal to grant drug detoxication activity permits, the Ministry must issue written replies, clearly stating the reasons therefor.

The grant of permits shall be notified to the People's Committees of the provinces or centrally run cities; the People's Committees of rural districts, urban districts or provincial cities and the People's Committees of communes, wards or townships (hereinafter called the provincial-level People's Committees, district-level People's Committees and commune-level People's Committees) of the places where the detoxication establishments are headquartered according to law provisions.

2. The valid duration of a drug detoxication activity permit is five years. Upon the expiry of the valid duration prescribed in their drug detoxication activity permits, if the detoxication establishments wish to continue operating, they must carry out the procedures for extension of their drug detoxication activity permits according to the provisions of Article 14 of this Decree. The extended duration of drug detoxication activity permits shall not exceed five years each.

Article 14.- Procedures for extension of drug detoxication activity permits

1. A dossier of application for extension of a drug detoxication activity permit consists of:

a/ The application for extension of the drug detoxication activity permit;

b/ Documents proving that the detoxication establishments satisfy all new conditions (if any) for performing the contents of the detoxication and rehabilitation process prescribed in Clause 2, Article 9 of this Decree;

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2. Thirty days before their drug detoxication activity permits expire, the detoxication establishments shall send the dossiers of application for extension thereof to:

a/ The provincial/municipal Labor, War Invalids and Social Affairs Services as prescribed in Clause 1, Article 11 of this Decree;

b/ The Ministry of Labor, War Invalids and Social Affairs as prescribed in Clause 2, Article 11 of this Decree.

3. The time limit for granting extended drug detoxication activity permits is 30 days, counting from the date of receipt of the complete and valid dossiers of application for extension of the permits. In case of refusal to grant the extension, written replies must be made, clearly stating the reasons therefor.

Article 15.- Modification, withdrawal of drug detoxication activity permits

1. In case of modifying the contents of drug detoxication activity permits as prescribed in Clause 2 of Article 9, the procedures for change of drug detoxication activity permits must be carried out under the provisions of Article 10 of this Decree.

2. Drug detoxication activity permits shall be withdrawn in the following cases:

a/ Violation of the provisions of Article 4 of this Decree;

b/ Deletions and modifications to change the contents of drug detoxication activity permits;

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d/ The detoxication establishments fail to operate within 12 months after being granted the drug detoxication activity permits;

e/ The detoxication establishments have been sanctioned for administrative violations related to their drug detoxication activities for three or more times in within the valid duration of their drug detoxication activity permits.

3. For the cases of violating the provisions of Clause 2 of this Article, the Labor, War Invalids and Social Affairs Minister shall issue decisions to withdraw drug detoxication activity permits; the provincial/municipal Labor, War Invalids and Social Affairs Services shall have to withdraw the permits and examine the implementation of such decisions of the Labor, War Invalids and Social Affairs Minister.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF DETOXICATION ESTABLISHMENTS AND DRUG DETOXICATORS

Article 16.- Rights and responsibilities of detoxication establishments

1. The detoxication establishments shall have the following rights:

a/ To collect detoxication and rehabilitation service charges as contracted, for the form of charged service;

b/ To be prioritized in renting land and locations for their establishment;

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d/ To use support tools as prescribed by law;

e/ Other rights as prescribed by law.

2. The detoxication establishments shall have the following responsibilities:

a/ To promulgate their own operation charters, internal regulations and rules;

b/ To detoxify drug addicts properly according to the contents of their granted drug detoxication activity permits and the contents of the detoxication and rehabilitation process prescribed by the Labor, War Invalids and Social Affairs Ministry and the Health Ministry;

c/ To create accommodation, study, labor, recreation and entertainment conditions for drug detoxicators at their establishments;

d/ To make public the detoxication and rehabilitation service charge rates and prescribe the exemption and reduction thereof for drug detoxicators of families meeting with difficulties, families entitled to social policies and families of persons with meritorious services;

e/ To observe the regime of information, regular or irregular reporting according to the regulations of the Labor, War Invalids and Social Affairs Ministry;

f/ To coordinate with the agencies of the labor, war invalids and social affairs, health and police services as well as the administrations of the localities where they carry out drug detoxication activities in managing their activities and in order to receive assistance from these agencies when necessary;

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h/ To fulfil other obligations as prescribed by law.

Article 17.- Rights and responsibilities of heads of detoxication establishments

1. Heads of the detoxication establishments shall have the following rights:

a/ To decide to apply the measure of consigning into isolation wards drug detoxicators who have committed acts of disturbing public order, seriously threatening the life and health of other persons at the detoxication establishments, except for persons aged under 18 years and pregnant women;

Decisions to consign persons into isolation wards must be made in writing and the isolation duration must not exceed three days per decision. In cases where the violators show a good sense of self-mending and progresses. they may have their isolation duration shortened. Decisions to consign persons into isolation wards must clearly state the reasons therefor and be added to the dossiers of the detoxicators.

b/ To terminate detoxication contracts ahead of time with detoxicators who have committed many acts of violating the internal rules and regulations of the detoxication establishments; to notify the commune-level People's Committees of the places where such persons reside and their families or guardians thereof.

2. Heads of the detoxication establishments shall have the following responsibilities:

a/ If drug detoxificators die in the detoxication period at the detoxication establishments, to organize the protection of the scenes, immediately notify such to the nearest local investigating bodies and procuracies for making records thereon and identification of the causes thereof; to witness the scene examination, autopsy or probably seek for forensic medicine examination; and concurrently notify such to the dead persons' relatives and request them to bury the dead.

To organize the burial of dead drug addicts who have no relatives; all burial costs shall be covered by the detoxication establishments.

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c/ To be responsible for all activities of their detoxication establishments according to the provisions of this Decree and relevant law provisions.

Article 18.- Rights and responsibilities of drug detoxicators

1. Drug detoxicators shall have the following rights:

a/ To undergo drug detoxication according to the contents of the detoxication and rehabilitation process under drug detoxication service contracts;

b/ To express their aspirations or proposals to the heads of the detoxication establishments on their accommodation, medical treatment, study, labor and other daily-life activities at the establishments;

c/ To complain about and denounce illegal acts committed by officials, employees in managing activities of the detoxication establishments according to law provisions on complaints and denunciations.

2. Drug detoxicators shall have the following responsibilities:

a/ To report accurately on their drug addiction;

b/ To observe the regulations and rules and submit to the management and education of the detoxication establishments; to observe the labor, study, therapy and medical treatment regimes prescribed by relevant laws;

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- Admonition, criticism.

- Consignment into isolation wards.

- Termination of their detoxication service contracts and notification to their localities.

c/ If causing material damage to the detoxication establishments, the drug detoxicators or their families or guardians must pay compen-sations therefor according to law provisions;

d/ To bear detoxication expenses under their drug detoxication service contracts.

Chapter V

PROCEDURES FOR ADMISSION OF DRUG DETOXICATORS INTO DETOXICATION ESTABLISHMENTS

Article 19.- Dossiers of drug detoxicators

A dossier of a drug detoxicator consists of:

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2. A copy of his/her people's identify card; the household registration book or long-term temporary residence certificate;

c/ The drug addiction state of the drug addict, declared by the drug addict himself/herself or by his/her family or guardian.

Article 20.- Receipt of dossiers of drug addicts

The dossiers of drug addicts shall be sent to the detoxication establishments; within seven days after receiving the complete dossiers, the heads of the detoxication establishments shall consider them and, on the basis of the capability of their establishments, notify the admission or non-admission of the drug addicts into their detoxication establishments.

Article 21.- Reception of drug addicts

1. Upon receiving the drug addicts, the detoxication establishments must check and make records on the reception of the drug addicts, their personal belongings (if any), give them medical checks and compile drug detoxication dossiers.

2. The detoxication establishments must disseminate their internal regulations and rules and other regulations related to their drug detoxication activities. Drug addicts, their families or guardians must commit to implementing these regulations and rules.

Article 22.- Drug detoxication service contracts

1. Basing themselves on the aspirations of the drug addicts or their families or guardians, the heads of the detoxication establishments shall sign drug detoxication service contracts, depending on the contents of the detoxication and rehabilitation process prescribed in Article 9 of this Decree.

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2. The heads of the detoxication establishments must notify the admission of drug addicts into their detoxication establishments to the commune-level People's Committees of the places where such drug addicts reside and to their families or guardians. In cases where the drug addicts do not sign in person the detoxication service contracts, to notify them of their admission.

Article 23.- Hand-over of drug detoxified persons to their families and communities

1. At least 10 days before the expiry of the drug detoxication service contracts, the heads of the detoxication establishments must notify such to the drug detoxicators and conduct necessary tests. Upon the expiry of the detoxication period, they must grant the detoxication certificates to the drug addicts, and at the same time, send the copies thereof to the commune-level People's Committees of the places where such persons reside.

2. Upon the expiry of the detoxication period, the detoxication establishments must hand over the detoxicated persons to their families or guardians; give comments on their detoxication and rehabilitation results together with the records (if any) on such persons' violations of internal regulations and rules committed in their detoxication period at the detoxication establishments to the commune-level People's Committees of the places where such persons reside for further supervision.

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT BODIES

Article 24.- Responsibilities of the Labor, War Invalids and Social Affairs Ministry

The Labor, War Invalids and Social Affairs Ministry shall have the following responsibilities:

1. To perform the State management over voluntary drug detoxication activities;

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3. To direct the local Labor, War Invalids and Social Affairs agencies to draw up plans on, and organize, training for people engaged in the detoxifying and rehabilitating work to raise their professional qualifications; to update information on and popularize the Party's and State's undertakings and policies as well as relevant legal documents;

4. To assume the prime responsibility for, and coordinate with the Health Ministry in, guiding the process of detoxication, health rehabilitation and dignity rehabilitation for drug addicts.

5. To observe the information and reporting regime as prescribed by the Government.

Article 25.- Responsibilities of the Health Ministry

The Health Ministry shall have the following responsibilities:

1. To guide the charts for fit-stoppage treatment and detoxication; to direct local medical agencies to draw up plans on, and organize, professional and medical training and support for officials in organizing the fit-stoppage treatment, detoxication and first aid for drug addicts at the detoxication establishments;

2. To coordinate with the Labor, War Invalids and Social Affairs Ministry in guiding the process of detoxication and health rehabilitation for drug addicts;

3. To organize the inspection of the implemen-tation of professional and technical regulations at the detoxication establishments.

Article 26.- Responsibilities of the Public Security Ministry

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1. To guide and direct the police at all levels to coordinate with and support the detoxication establishments in maintaining security and order within the detoxication establishments and in areas where the detoxication establishments operate;

2. To direct the local police to organize training in the guard work, use of support tools, application of measures to prevent drug addicts from violating internal regulations and rules, to grant certificates to the guard force according to regulations, and ensure security and order for activities of the detoxication establishments.

Article 27.- Responsibilities of the People's Committees at all levels

1. The provincial-level People's Committees shall have the following responsibilities:

a/ To direct the provincial-level Labor, War Invalids and Social Affairs; Health; and Public Security agencies to clearly define their responsibilities in the work of managing voluntary drug detoxication activities and working out regulations on coordination among the concerned branches and agencies;

b/ To direct the Labor, War Invalids and Social Affairs as well as Health agencies at all levels to strengthen their organizational apparatuses, reinforce the contingent of officials to ensure the good management of drug detoxication activities;

c/ To guide and direct the lower-level People's Committees to collect statistics on, and classify, persons already detoxicated at the detoxication establishments; to draw up plans on management and education of detoxicated persons who have returned to their families and communities.

2. The district-level People's Committees shall have the following responsibilities:

a/ To direct the Labor, War Invalids and Social Affairs; Health; and Public Security agencies to coordinate with the concerned agencies in grasping the situation and rendering support when necessary, ensuring smooth activities of the detoxication establishments in their respective localities;

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c/ To guide and direct the commune-level People's Committees to collect statistics and on, classify detoxicated persons who have returned from the detoxication establishments to their families and communities, and to apply measures to manage, educate, support and create jobs for them to stabilize their life.

3. The commune-level People's Committees shall have the following responsibilities:

a/ To receive dossiers of, collect statistics on, classify and supervise detoxicated persons for at least 24 months as from the time they return to their localities;

b/ To direct mass organizations and assign responsibilities to them to participate in managing, educating and supporting detoxicated persons, helping them integrate into their communities and stabilize their life.

Chapter VII

EXAMINATION, INSPECTION, COMMENDATION, AND HANDLING OF VIOLATIONS

Article 28.- Examination and inspection

1. The drug detoxication establishments must submit to the regular or irregular examination and examination by the competent Labor, War Invalids and Social Affairs and/or Health agencies.

2. The Labor, War Invalids and Social Affairs Ministry, the Health Ministry; the provincial/municipal Labor, War Invalids and Social Affairs; and Health Services shall have to examine and handle according to their respective competence violations committed by the detoxication establishments in their drug detoxication activities.

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Agencies, organizations and individuals that have recorded achievements in drug detoxication activities shall be commended and/or rewarded according to law provisions.

Article 30.- Handling of violations

1. Drug detoxicators who have committed acts of violating the provisions of this Decree shall, depending on the nature and seriousness of their violations, be handled for administrative violations or examined for penal liability.

2. Organizations and individuals that have violated the provisions of this Decree shall, depending on the nature and seriousness of their violations, be handled for administrative violations or examined for penal liability according to law provisions; if causing material damage, they must pay compensations therefor according to law provisions.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 31.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette. All previous regulations contrary to this Decree are hereby annulled.

Article 32.- Implementation guidance

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Article 33.- Implementation responsibility

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, and the presidents of the People's Committees of the provinces and centrally run cities shall have to implement this Decree.]

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai