Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 56/2002/ND-CP | Hanoi, May 15, 2002 |
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:
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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.
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.
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5. Concealing drug addicts.
6. Opposing or obstructing the implementation of the provisions on the family- or community-based rehabilitation.
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.
ORGANIZATION OF THE FAMILY- OR COMMUNITY-BASED REHABILITATION
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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.
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.
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:
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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 17.- The drug addicts shall have the responsibility to:
1. Declare by themselves the state of their drug addiction;
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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.
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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.
RESPONSIBILITIES OF THE STATE MANAGEMENT AGENCIES
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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.
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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 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.
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5. Inspect and examine the family- or community-based rehabilitation activities of the localities.
COMMENDATION, REWARD AND HANDLING OF VIOLATIONS
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1 Joint circular No.01/2003/TTLT-BLDTBXH-BYT-BCA, passed by the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security, on guiding the implementation of a number of articles of the Government’s Decree No. 56/2002/ND-CP of May 15, 2002 on organization of the family- or community-based rehabilitation for drug addicts
- 2 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government
- 3 Law No.23/2000/QH10 of December 09, 2000 on drug prevention and fight