Tiếng Việt| GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 20-CP | Hanoi ,April 13 ,1996 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Violations of Administrative Regulations issued on July 6, 1995;
At the proposals of the Minister of Labor, War Invalids and Social Affairs, the Minister of Health and the Minister of the Interior,
DECREES:
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FOR THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
ON THE MEDICAL ESTABLISHMENTS AS PRESCRIBED BY THE ORDINANCE ON THE HANDLING OF VIOLATIONS OF ADMINISTRATIVE REGULATIONS ISSUED ON JULY 6, 1995
(issued together with Decree No.20-CP of April 13, 1996 of the Government)
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a/ Drug addicts: These have been re-educated at the commune, ward or township but cannot yet get rid of addiction; or have been admitted to a Medical Establishment for detoxification but have relapsed into addiction; or who have so heavily been addicted that they are no longer able to be detoxicated at home or in the community .
b/ Prostitutes: They have been re-educated in the commune, ward or township but have not mended their way, or have been admitted to a Medical Establishment but have relapsed or have become regular prostitutes.
Shall not be admitted to a Medical Establishment adolescents under 18 years old or women more than 55 years old and men more than 60 years old.
All acts of infringement on the body, health, honor and dignity of the persons taken into a Medical Establishment are strictly prohibited.
- Allocations from the State budget;
- Additional budget supplied by the locality;
- Part of the income from the activities in productive labor of the inmates;
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- Contributions from individuals, economic units and social organizations in the country, and foreign individuals and organizations.
PROCEDURES FOR ADMISSION OF A PERSON TO A MEDICAL ESTABLISHMENT
The Labor, War Invalids and Social Affairs Service shall cooperate with the Police and the Medical Service to help the People's Committee of the same level in the collection of documents to compile the dossier of the person to be admitted to the Medical Establishment.
- A curriculum vitae;
- Documents on earlier violations of law;
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- The re-education measures already applied;
- Other documents related to the history of the concerned person (if any).
2. Within five days after receiving the dossier, the President of the People's Committee of the provincial level shall transfer it to the Consulting Council. Within 25 days after receiving the dossier, the Standing Member of the Consulting Council shall convene a meeting. This meeting shall be attended also by the representative of the People's Procuracy of the same level. The Council shall examine and vote in each specific case and submit their opinions to the President of the People's Committee of the province or city directly under the Central Government for decision.
The minutes of the meeting must record the opinions of the members of the Consulting Council and the representative of the People's Procuracy.
3. The Standing Member of the Consulting Council shall have to compile a document (to be attached to the minutes of the meeting of the Consulting Council) and submit it to the President of the People's Committee of the province or city directly under the Central Government for decision whether or not to admit the concerned person to the Medical Establishment.
2. The Consulting Council is composed of representatives of the leadership of the Labor, War Invalids and Social Affairs Service, the Police, the Judiciary Agency, the Women's Union at the provincial level. The representative of the leadership of the Labor, War Invalids and Social Affairs Service is Standing Member of the Consulting Council. The Standing Member of the Consulting Council shall have to prepare, organize and preside over the meeting.
3. The Consulting Council adopts the method of collective work . The members of the Council work on a part-time basis and receive allowances according to prescriptions of law.
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1. The dossier of the person to be admitted to the Medical Establishment shall comprise:
- The main points of his/her personal history;
- The decision of the President of the People's Committee at the provincial level to take the concerned person to the Medical Establishment.
2. The dossier of the person to be admitted to the Medical Establishment shall be done in two copies, one to be kept by the Standing Member of the Consulting Council, and the other by the Medical Establishment. The dossier must be closely managed according to the regime of management of State dossiers, documents and official dispatches.
3. The reception of a person admitted to the Medical Establishment must be recorded in writing. The Medical Establishment must check the dossier and identity card of the person admitted to the establishment while filling the procedures for reception.
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ORGANIZATION OF THE MEDICAL ESTABLISHMENT
After receiving a written consent of the Ministry of Labor, War Invalids and Social Affairs, the People's Committee at the provincial level shall decide the setting up or dissolution of the Medical Establishment in their locality.
In key provinces or cities with a large number of drug addicts and prostitutes, a Medical Establishment may be set up exclusively for the drug addicts and another for the prostitutes.
In the localities with a small number of drug addicts and prostitutes, such persons may be sent to the Medical Establishment of another locality if it is so agreed by the sending and receiving localities.
Article 15.- The Medical Establishment has the following functions and tasks:
- Receiving, giving medical care to and restoring the health of those admitted for medical care.
- Organizing the reeducation, studies and job training, ensuring conditions for the material and cultural life for the inmates in accordance with the prescriptions.
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- Collaborating with the concerned agencies and units to manage, give medical treatment and education to, and organize labor and vocational and job training for the inmates.
The Medical Establishment shall have to organize places for the reception of the concerned persons, for their medical examinations, education, job training, labor, board and lodging and everyday life in a hygienic and safe manner, as well places for their healthy recreation. Male and female inmates must be lodged in separate quarters and the sufferers of infectious diseases must be quarantined.
1.- The Directorate comprises:
- The Director;
- A number of Vice Directors.
2. The professional management sections comprise:
- The Medicare and Rehabilitation Section;
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- The Productive Labor Management Section;
- The Personnel-Administrative and Accounting Section;
- The Guard Section.
Depending on the size of the establishment and the number of inmates, the People's Committee at the provincial level shall decide the number of necessary sections and persons suited to the Medical Establishment in its locality .
2. During their mission at the Medical Establishment, the cadres and personnel of the Medical and Police Services shall comply with the division of work and direction of the Director of the Medical Establishment.
3. All the cadres, personnel and combatants of the Medical Establishment shall enjoy the regime of allowances of responsibility, for toxicity and danger as prescribed by law.
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The Deputy Directors shall assist the Director in carrying out the tasks as appointed by the Director.
Basing itself on the health condition, professions and sex of the inmates and the work at the establishment, the Directorate of the Medical Establishment shall assign suitable jobs to the inmates. If the latter have had no previous professional training or if their professions do not suit the conditions of the Establishment, they may be taught a job.
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REGIME WITH REGARD TO THOSE WHO ARE ADMITTED TO THE MEDICAL ESTABLISHMENTS
If, due to their exceptionally difficult circumstances certified by the People's Committee at the commune level, or due to their health and disease they cannot take part in labor or cannot fulfill their set labor quotas, the Medical Establishment may consider providing them free of charge their food rations for the first three months which represent 70% of the minimum monthly salary, and for the subsequent three months if they have no other income to assure their living conditions, but the subsidy in each of these additional months represent only 50% of the minimum monthly salary.
The inmates of a Medical Establishment are entitled to enjoy their labor pay at the prescribed rates and according to the results of their work. This remuneration shall be used to cover the expenses in food and drink, and other activities defined at Article 28 of this Regulation. After deduction of these expenses, the remainder (if any) shall be sent by the Medical Establishment to their savings banks.
The inmates of a Medical Establishment are except from labor on Sundays, on the national and traditional holidays.
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- They have to return the articles, instruments and labor equipment and safety devices which they have borrowed and have to make compensations in case of loss or damage;
- They are issued with a certificate of completion of the term of medical care education and labor;
- They are issued with a certificate of job training (if any);
- They shall be given back their savings (if any)
- In difficult circumstances, they may be given expenses for travel expenses to return to their places of residence.
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b/ During the period of temporary suspension, if the person concerned shows progress in the implementation of State laws and the regulations of the locality, they may be considered for exemption from continued implementation of the decision.
2. In the case mentioned at Point b, Item 1 of this Article, the President of the People's Committee of the commune where the concerned person resides shall make a written report to the President of the People's Committee at district level, and within five days after receiving the report, the President of the People's Committee of the district level shall consider the case and propose to the President of the People's Committee at the provincial level to consider and decide on the exemption from implementing the decision.
The decision on exemption shall be sent to the beneficiary, the Labor, War Invalids and Social Affairs Service, the Police at the provincial level, the People's Committee at the district level, the Peoples Committee at the commune level where the concerned person resides and the Medical Establishment where he/she is implementing the decision.
The medical expenditures during the period of hospitalization shall be borne by the inmate himself or herself. For those in exceptionally difficulty situations, the Directorate of the Medical Establishment may pay it to the hospital if the concerned person has filed a written demand. The rate and source of this payment shall comply with the prescriptions of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance.
If the inmate is injured by a labor accident the Medical Establishment shall have to pay for the medical expenditures from the first aid, the emergency care or operation and the treatment until the injury of the victim is stabilized.
If the inmate makes progress or achieve meritorious deeds, he/she shall be commended and rewarded in time.
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RESPONSIBILITY OF THE STATE AGENCIES IN THE MANAGEMENT OF THE MEDICAL ESTABLISHMENT
Article 39.- The Ministry of Labor, War Invalids and Social Affairs has the responsibility:
To effect unified State management over all the Medical Establishments of this type;
- To provide detailed guidance on the function, tasks, organizational structure, titles and criteria of the personnel of such establishments, and the responsibilities and powers of the Director;
- To guide the planning of the construction of these establishments (concerning the size, the design, the investment rate...);
- To cooperate with the Ministry of Health and the Ministry of the Interior in the treatment and protection of such Medical Establishments, in the education and labor activities suited to each category of persons admitted to the establishment;
- To cooperate with the Ministry of Finance and the Ministry of Health in determining the rate of allowances for the expenditures in medicaments, in job training, in the purchase of necessary personal effects and other expenditures for the inmates;
- To cooperate with the Ministry of Planning and Investment and the Ministry of Finance in guiding the locality to work out the annual plan of expenditures for such Medical Establishments. To make an overall expenditure plan for the whole year;
- To supervise and control the organization and activities of the Medical Establishment;
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Article 40.- The Ministry of Health has the responsibility:
- To guide and direct the treatment of drug addiction and social diseases at the Medical Establishments;
- To send its cadres and personnel to take part in the medicare for the persons admitted to the Medical Establishment at the proposal of the Labor, War Invalids and Social Affairs Service;
- To work out the regime of treatment and detoxification for the drug addicts and social diseases for the persons admitted to the Medical Establishments;
- To study and determine the medicaments and methods of treatment.
Article 41.- The Ministry of the Interior has the responsibility:
- To guide the Police at various levels to cooperate with the Labor, War Invalids and Social Affairs Services and the Medical Service to help the People's Committee of the same level in the collection of materials for compiling the dossier;
- To guide the sending of the persons subjected to the enforcement of the decision to a Medical Establishment;
- To send cadres and personnel of the service to join in the protection of the Medical Establishment at the proposal of the Labor, War Invalids and Social Affairs Service;
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- To cooperate in controlling the protection of the Medical Establishments.
Article 42.- The Ministry of Finance has the responsibility:
- To work out the regime of supplying the operational expenditures of the Medical Establishments;
- To guide the allocation of full and timely allocation of expenditures for the Medical Establishments according to the already ratified plan;
- To coordinate in controlling the use of such expenditures by the Medical Establishments.
- To cooperate with the Ministry of Labor, War Invalids and Social Affairs and the concerned ministries in organizing and managing the Medical Establishments in their localities.
- To work out a plan for monitoring the treatment, re-education, labor and progress of the inmates of the Medical Establishments;
- To cooperate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of the Interior in guiding and directing the People's Committees at the district and commune levels and in collaborating with the Labor, War Invalids and Social Affairs Service and the police to create conditions for board and lodging for the inmates who do not have a permanent residence during the period of compiling the dossier, pending the decision of the President of the People's Committee at the provincial level to admit them to the Medical Establishments.
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The People's Committees at the district level and the People's Committee at the commune where the persons who have completed their terms at the Medical Establishment reside, shall continue to manage and educate them and create conditions for them to get a secure job and stabilize their life and reintegrate with the community.
FOR THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet