Nghị định 56/2002/NĐ-CP của Chính phủ về tổ chức cai nghiện ma tuý tại gia đình và cộng đồng

DECREE

ON THE ORGANIZATION OF THE FAMILY- OR COMMUNITY-BASED REHABILITATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;

Pursuant to Article 27 of the Law on Drug Prevention and Fight of December 9, 2000;

At the proposals of the Minister of Labor, War Invalids and Social Affairs, the Minister of Public Security and the Minister of Health,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-This Decree prescribes the organization of the family- or community-based rehabilitation.

Drug addicts, who are detoxicated in families or communities, shall not be regarded as being subject to the application of administrative violation handling measures.

The State encourages drug addicts to voluntarily rehabilitate themselves in their families or communities. The families of drug addicts shall have to take part in the organization of the family- or community-based rehabilitation activities.

Article 2.-Drug addicts registering for the family- or community-based rehabilitation are those who are neither subject to compulsory consignment to rehabilitation establishments, to measures of education at communes, wards or townships, the consignment to reformatory schools, nor examined for penal liability for illegal use of narcotic substances.

Article 3.-The family- or community-based rehabilitation means the implementation of medical, psychological and social activities in order to help the addicts restore their personality, health and lead a life independent from narcotics; these activities shall be carried out in families and communes, wards or townships (hereinafter referred collectively to as commune-level) where the addicts reside.

Article 4.-The family- or community-based rehabilitation must strictly comply with the process guided by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

The duration for the family- or community-based rehabilitation shall be at least six months.

Article 5.-The following acts are strictly forbidden:

1. Failing to declare and report on the state of drug addiction.

2. Failing to register the form of rehabilitation.

3. Illegally using narcotic substances during the rehabilitation period.

4. Inducing and/or forcing other persons to illegally use narcotic substances.

5. Concealing drug addicts.

6. Opposing or obstructing the implementation of the provisions on the family- or community-based rehabilitation.

Article 6.-Agencies, organizations, individuals, and drug addicts, when participating in the family- or community-based rehabilitation activities, shall have to abide by the provisions of this Decree and other relevant law provisions.

Article 7.-The State shall create conditions for and encourage domestic and foreign organizations and individuals to support the family- or community-based rehabilitation activities. Organizations and individuals, that train and create jobs for those who have given up drug addiction, shall be provided with loans at preferential interest rates.

Article 8.-The drug addicts and their spouses, mothers, fathers or guardians of juvenile drug addicts and their families shall have to make contributions to cover expenses for the organization of the family- or community-based rehabilitation as prescribed by the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance.

Persons meeting with difficulties, juvenile addicts without any one to support and beneficiaries of preferential treatment policies as prescribed by law shall be considered for subsidies to detoxication medicines.

Chapter II

ORGANIZATION OF THE FAMILY- OR COMMUNITY-BASED REHABILITATION

Article 9.-The drug addicts shall have to declare by themselves the state of their drug addiction and register the rehabilitation forms.

If the drug addicts fail to make declarations by themselves, their families or guardians shall have to report to the commune-level People’s Committees of their residence places on the drug addicts in their own families and the addiction state of such persons.

In cases where the drug addicts themselves make declarations to the agencies or organizations where they are working, these agencies or organizations shall draw up the lists thereof and notify them to the commune-level People’s Committees of the localities where the declarers reside.

Article 10.-The initial dossiers of those who take family- or community-based rehabilitation include:

1. The written declarations on the addiction state made by the addicts themselves or the records and/or documents on the declarations on the addicts and their addiction state by their families or guardians with the commune-level People’s Committee.

2. The written commitment for the family- or community-based rehabilitation.

Article 11.-Depending on the practical situation of the localities, the presidents of the commune-level People’s Committees shall issue decisions to set up or dissolve the Working Teams for Drug Detoxication (hereinafter called Working Teams for short). The Working Teams shall be composed of the representatives of leaderships of the People’s Committees, medical officials, police officers, social workers (if any) and representatives of several necessary departments, branches and mass organizations.

Article 12.-

1. Based on the dossiers of the drug addicts, the circumstance of their families, and the practical conditions in the localities, the presidents of the commune-level People’s Committees shall consider and issue decisions permitting the drug addicts to rehabilitate themselves in their families or communities and assigning the Working Teams the responsibility to coordinate with the heads of the population groups or the chiefs of villages or hamlets (hereinafter referred collectively to as population groups) in assisting those who are under the family-or community-based rehabilitation.

2. The decisions on the family- or community-based rehabilitation shall be sent to the detoxicators, their families, the heads of the Working Teams and the heads of the population groups where the addicts reside.

Article 13.-The Working Teams shall have the responsibility to:

1. Assist the commune-level People’s Committees in formulating the plans for organization of the rehabilitation; compile dossiers, organize the reception and the family- or community-based rehabilitation;

2. Coordinate with the population groups, where the drug addicts reside, in analyzing and assessing their addiction state, family circumstance and personal backgrounds in order to work out suitable plans for the family- or community-based rehabilitation.

3. Guide the drug addicts, their families or guardians in carrying out the rehabilitation plans, make comments and assessment on the implementation thereof every month, and keep the detoxicators dossiers.

4. Assign cadres to regularly guide the addicts families or guardians in monitoring, managing, caring for and helping the detoxicators participate in social activities so as to redress their acts, rehabilitate their personality and raise their capacity to integrate themselves into communities.

5. Provide consultancy and assistance to the addicts after the detoxication treatment; to organize activities to rehabilitate their functions, health and working capacity.

Article 14.-Grassroots medical officials shall coordinate with the addicts families or guardians in compiling their dossiers and medical records and formulating the plans on detoxication treatment under the guidance of the Ministry of Health. To combine the detoxication treatment with consultancy and other therapeutic measures in order to help the addicts restore their health and stabilize their psychology.

Article 15.-For the drug addicts, who, due to conditions, cannot be treated for detoxication in their families, the commune-level People’s Committees shall organize the concentrated detoxication treatment at one place in the communes. The Working Teams shall have to organize the detoxication treatment for the addicts. Other activities in the rehabilitation process shall be carried out in the addicts’families.

Article 16.-Past the prescribed time limits, the Working Teams shall coordinate with the heads of the population groups and the addicts families or guardians in assessing their detoxication results; if they are completely detoxicated, the presidents of the commune-level People’s Committees shall grant them certificates thereof and put them on the list of those subject to the management, care and rehabilitation in community.

Article 17.-The drug addicts shall have the responsibility to:

1. Declare by themselves the state of their drug addiction;

2. Commit themselves to the family- or community-based rehabilitation;

3. Strictly abide by the State law as well as professional regulations and rehabilitation plans;

4. Keep regular and close contacts with the officials who are assigned by the Working Team to help them;

5. Make contributions to cover expenses for the rehabilitation as prescribed by the provincial/municipal People’s Committees.

Article 18.-The families or guardians of the drug addicts shall have the responsibility to:

1. Timely report to the commune-level People’s Committees on the drug addicts in their own families and the state of their addiction.

2. Supply information in service of the compilation of dossiers and formulation of rehabilitation plans.

3. Care for, manage, monitor, supervise, and prevent the addicts from illegally using narcotic substances or committing acts of disturbing social order and safety under the guidance of local administrations and those who are assigned to assist the addicts.

4. Build harmonious families in which members love and respect one another, and help the drug addicts do away with their complex, resolve to rehabilitate and integrate themselves into communities.

5. Make contributions to cover expenses for the rehabilitation of juveniles as prescribed by the provincial/municipal People’s Committees.

Article 19.-The commune-level People’s Committees shall have the responsibility to:

1. Thoroughly grasp the number of drug addicts in the localities and their addiction state; create conditions for the drug addicts to declare by themselves their addiction state and register the rehabilitation forms.

2. Make the statistics of and classify drug addicts, work out plans on the organization of the family- or community-based rehabilitation; assume the prime responsibility and coordinate with the concerned agencies and organizations in the localities in deploying the family- or community-based rehabilitation activities.

3. Advise, support, manage and educate those who are allowed to take the family- or community-based rehabilitation; set up clubs and organize cultural, art, physical training and sport, as well as other social activities with a view to helping the drug detoxicators rehabilitate their health, personality and integrate themselves into the communities.

4. Create conditions for those who have given up their addiction to learn trade, seek jobs, borrow capital and have access to production and/or business services, as well as medical and social activities; prevent and combat the relapse into drug addiction; and mobilize organizations and individuals to help, support and create conditions for those who have given up drug addiction to integrate themselves into the communities.

5. Inspect and supervise the family- or community-based rehabilitation activities; make periodical reports to the district-level Labor, War Invalids and Social Affairs Agencies on the organization of the family- or community-based rehabilitation activities.

Article 20.-The concerned agencies, organizations and commune-level Steering Boards for AIDS, drug, and prostitution prevention and combat (if any) shall have to assist the commune-level People’s Committees in organizing the coordination with the addicts families or guardians in order to manage and educate the addicts, as well as supervise the family- or community-based rehabilitation activities, prevent and combat the relapse into addiction.

Chapter III

RESPONSIBILITIES OF THE STATE MANAGEMENT AGENCIES

Article 21.-The Ministry of Labor, War Invalids and Social Affairs shall have the responsibility to:

1. Guide and direct the family- or community-based rehabilitation activities;

2. Direct and organize the training and fostering for the officials engaged in the family- or community-based rehabilitation activities;

3. Assume the prime responsibility and coordinate with the Ministry of Health in guiding the process of detoxication and health and personality rehabilitation for the drug addicts;

4. Assume the prime responsibility and coordinate with the Ministry of Planning and Investment in working out the annual funding plans for the family- or community-based rehabilitation;

5. Examine, inspect and handle violations in the organization of the family- or community-based rehabilitation activities.

Article 22.-The Ministry of Health shall have the responsibility to:

1. Guide and direct the commune-level medical agencies to conduct narcotic-finding tests and compile dossiers and medical records of the drug addicts; prescribe the treatment, detoxication and rehabilitation regimes applicable to those who take the detoxication in their families or communities.

2. Direct the local medical agencies to render personnel and professional support for the organization of detoxication treatment and provision of first-aid to those who take the detoxication in their families or communities.

3. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the process of detoxication, health and personality rehabilitation for drug addicts.

4. Direct the research into and/or production of medicines as well as treatment, detoxication and rehabilitation methods for the drug addicts.

Article 23.-The Ministry of Public Security shall have the responsibility to:

1. Guide and direct the police offices of the communes, wards or townships (referred collectively to as the commune-level police offices) to coordinate with medical officials as well as concerned agencies and mass organizations and associations in assisting the commune-level People’s Committees in collecting documents, expertising and compiling the dossiers of the drug addicts so as to organize the family- or community-based rehabilitation.

2. Direct the police offices of various levels to organize the elimination of illegal trading and use of narcotics in the localities.

3. Guide and direct the commune-level police offices to coordinate with the addicts families in closely managing them before and after the rehabilitation duration.

4. Coordinate with the Ministry of Labor, War Invalids and Social Affairs in inspecting the family- or community-based rehabilitation activities.

Article 24.-The Ministry of Finance shall have to coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the contribution and use of funding for the organization of the family- or community-based rehabilitation, as well as the regimes of exemption and/or reduction for persons meeting with difficulties, juvenile addicts without any one to support and beneficiaries of preferential treatment policies according to the provisions of legislation on the family- or community-based rehabilitation.

Article 25.-The People’s Committees of various levels shall have the responsibility to:

1. Organize surveys, statistics and classification of drug addicts, formulate plans and allocate resources for the work of family- or community-based rehabilitation of the localities.

2. Direct and organize the realization of the plans on the family- or community-based rehabilitation of the localities; coordinate with Vietnam Fatherland Front and the concerned mass organizations and associations of the same levels in assigning concrete tasks on the organization of rehabilitation activities, as well as supervising, encouraging and assisting those who take the detoxication in their families or communities.

3. Guide and direct the People’s Committees of lower levels to formulate plans and create conditions for those who have given up their addiction to seek jobs and re-integrate themselves into communities; prevent and combat the relapse into addiction in the localities.

4. Direct the police offices of the same level to coordinate with the branches and mass organizations in eliminating the illegal trading and use of narcotics in the localities.

5. Inspect and examine the family- or community-based rehabilitation activities of the localities.

Chapter IV

COMMENDATION, REWARD AND HANDLING OF VIOLATIONS

Article 26.-Organizations and individuals, that record achievements in the organization and deployment of the family- or community-based rehabilitation, shall be commended and/or rewarded according to law provisions.

Article 27.-The drug addicts who commit 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.

Article 28.-Organizations and individuals that have the responsibility to organize the family- or community-based rehabilitation but abuse their positions and/or powers to act in contravention of the provisions of this Decree; connive at or cover up the detoxicators, infringe upon their health, honor, or dignity, or breach other provisions on family- or community-based rehabilitation shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must compensate therefor as prescribed by law.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 29.-This Decree takes effect 15 days after its signing. All previous provisions contrary to this Decree are hereby annulled.

Article 30.-The Minister of Labor, War Invalids and Social Affairs shall coordinate with the Ministers of Public Security; Health; and Finance in guiding the implementation of this Decree.

Article 31.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.