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Yunnan Province, Drug Provision

Original Language Title: 云南省戒毒规定

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Therapeutic provisions in Yunnan

(Adopted by the 25th ordinary meeting of the Government of the Republic of Yumnang on 27 November 2013, No. 188 of the Order of the People's Government of Yumnang on 17 December 2013, to be published as from 1 April 2014.

Article I, in order to regulate drug recovery, help drug addiction addicts to the maintenance of social order, develop this provision in line with the laws, regulations and regulations of the People's Republic of China's Drug Control Act, the Narcotics Control Regulations.

Article 2 provides for the application of the Toxic Regulations and the present provisions by taking voluntary efforts in the administrative areas of the province, in the areas of surveillance, community narcotics, forced sequestration and community rehabilitation.

Article 3 Governments of more people at the district level should strengthen the leadership of drug recovery efforts, establish the responsibility for sound surveillance and conduct monitoring and evaluation of drug recovery.

The above-ranking drug committees are responsible for the harmonization of planning, organization, coordination and guidance for drug control efforts, and the Office of the Drug Control Committee at the district level assumes its daily work.

More than the public security at the district level, the health administration and the administration of justice in the State (market) are responsible for the fulfilment of the duties set out in article IV of the Compliance Regulations and in the accompanying sectoral regulations, and for the participation of community poisoning, community rehabilitation.

The executive branch of the State (market) has been responsible for the management of the forced secession of the judicial administration established by the Government of the current people.

More than the public security authorities at the district level are responsible for the management of drug rehabilitation sites established by the Government of the people at this level.

Sectors and relevant groups, such as the Civil Affairs, Human Resources Security, Education, Development Reform, Land Resources, Housing and Urban Development, Food Drugs Control, should assist and support drug recovery efforts in accordance with their respective responsibilities.

Article IV. The Government of the people at the district level should include in the current financial budget the provision of basic expenditure guarantees, infrastructure-building, equipment, medical care, rehabilitation of drug workers, etc. in accordance with relevant national provisions.

Article 5

Article 6. The communes (communes) and the urban street offices should establish community alerts, community rehabilitation leadership groups and offices, in accordance with national requirements, with civil servants that are responsive to their mandates and are equipped with dedicated staff, including through recruitment and training, with specific responsibility for community clearance, community rehabilitation.

Article 7

(i) To enter into working groups, establish management files, develop workplans, conduct an impact assessment and work-outs every half year on their community-based drug recovery, community rehabilitation;

(ii) To organize or assist in drug abuse testing for community-based poisoning and community-based rehabilitation personnel, in accordance with the provisions;

(iii) The establishment of a specialist system, with regular community alerts, community-based rehabilitation personnel and their families, and the promotion of community-based drug control, community rehabilitation agreements, and the warning of those who violate the agreement;

(iv) Provision of treatment and rehabilitation guidance for community-based poisoning, community rehabilitation personnel, leading eligible persons to participate in the treatment of drug addiction;

(v) Conduct regular rule of law education and counter-narcotics education;

(vi) Provide employment guidance, vocational skills training;

(vii) To grant assistance to eligible persons in the areas of application for secure housing, participation in medical care and new farming, minimum living guarantees, unemployment insurance, living hardship assistance, and school attendance.

Article 8. The civil affairs sector should incorporate community surveillance, community rehabilitation efforts into community-building and community service systems, incorporating eligible drug users and their families in minimum living guarantees and temporary assistance.

The human resources social security sector should incorporate the corresponding conditional druges into the corresponding social insurance, vocational training, professional skills identification, special vocational competency employment guidance and employment assistance.

Article 9. Victims of drug addiction are determined by law to be forced to dedicate poisoning, and by a decision-making public security authority to be carried out in order to prevent the diversion of poisons, which should be accepted and implemented by law.

Drug addiction addicts are also determined by administrative detention and forced sequencing, and administrative detention should be carried out by the detention facility and sent to the mandatory interdiction of poisoning. Detention facilities do not have conditions for therapeutic treatment, and administrative detention can be carried out by forced delinquency.

Article 10. For those who have been removed from compulsory segregation, the mandatory deport shall be carried out in accordance with article 34 of the Drug Procedural Regulations and shall inform their families, their offices, the place of residence or the people's Government, the Urban Street Office, the Public Security dispatched to the Force Commander.

Persons who have no special circumstances have been removed from forced isolation are returned to their places of origin or are now in the public security authority.

Persons who have agreed to enter drug-recovery sites are removed from forced sequestration, who are sent to drug rehabilitation sites by forced delinquency, or by means of rehabilitation.

Persons who have been removed from compulsory segregation outside the previous paragraph shall be transported to their place of origin or to their place of residence, by means of forced sequestration.

Article 11. For those who have been removed from compulsory segregation, the decision organ of the decision organ responsible for their recovery, in accordance with article 37 of the Toxication Regulations, shall decide whether to be responsible for the rehabilitation of the community, taking into account the results of its mandatory diagnosing assessment; however, for more than two cases of forced sequencing, direct decisions should be taken.

Article 12 Resistance sites established by law should be equipped with the necessary management, medical care and logistics guarantees based on the scale of treatment.

As agreed by the parties, community rapeutic and community rehabilitation can be carried out in drug rehabilitation sites established by law.

Article 13 Rehabilitation sites should enter into drug recovery agreements with drug-recovery rehabilitation personnel, including, inter alia, the following:

(i) The duration of drug recovery;

(ii) The rights and obligations of both parties;

(iii) Compliance management systems;

(iv) The responsibility to be assumed in violation of the agreement;

(v) Other matters requiring agreement.

Article 14 implements community-based poisoning and community rehabilitation personnel at the place of home or in the place of residence, violates community-based drug control agreements, community rehabilitation agreements but do not meet the conditions of compulsory segregation, which may be determined by the Government of the communes (communes), urban street offices, to change the place of implementation to the management of the public security authorities, to implement the remaining community poisoning, community rehabilitation deadlines, and to keep the implementation informed of the decisions of community poisoning, community rehabilitation.

Article 15 Rehabilitation sites should provide the following management services for the rehabilitation of drug users:

(i) The necessary rehabilitation services;

(ii) Mental rehabilitation and behavioural redress;

(iii) Undertake drug abuse testing in accordance with the provisions;

(iv) Organizing health prevention efforts;

(v) Organizing vocational skills training, employment guidance or participation in productive work.

Article 16 Rehabilitation sites should establish drug recovery files for therapeutic rehabilitation of therapists and transmit relevant material in the drug recovery files to the location of the drug-recovery personnel or to the people's Government, the urban street offices at the time of the completion of the drug recovery agreement.

Article 17 Resistance rehabilitation personnel may not continue to perform drug recovery agreements or to end drug recovery agreements for reasons such as severe illnesses, family variability, but their community rapies, community rehabilitation deadlines have not been implemented, and the victims should return to their place of origin or their place of residence (community), the people's Government, the urban street offices continue to carry out community poisoning, community rehabilitation.

In violation of the agreement on the rehabilitation of poisons, the unauthorized departure of therapeutic rehabilitation site for more than 24 hours, and therapeutic rehabilitation sites should be informed in a timely manner of information about the family members and the location of their families or the place of residence (communes), the Government of the people, the Office of the Urban Street Office, and be treated accordingly in accordance with the request for reciprocation.

Article 18 imposes standards on specialized facilities, such as the Forced Separation, Detention and Rehabilitation of Toxic Substances, which are established by the Provincial Health Administration in conjunction with provincial public safety, judicial administration.

The Government of the people at all levels should adopt measures such as the establishment of a refrigeration base (point) for drug rehabilitation personnel to focus on job placement, dispersal employment placement, provision of public goods, and the encouragement of self-enterprise entrepreneurship, and employment placement of drug rehabilitation personnel in line with the corresponding conditions.

Governments at all levels should provide financial support for units and individuals involved in the employment placement of drug-recovery workers and for those who have autonomous entrepreneurship, in accordance with the relevant provisions, to follow up on the tax incentives established by the State and to support the building of the pooled accommodation base (points).

The development reform, land-use resources, housing and rural-urban construction sectors should support the establishment of the Forced Incidence, therapeutic rehabilitation sites and therapeutic rehabilitation base (point) and include the housing construction of eligible drug-recovery personnel in the area of secure housing. Conditions are available to concentrate on the construction of secure housing at the centrally installed base (point).

Article 20: Health administration, public security, the administration of justice and its relevant operational agencies should train drug workers in occupational exposure protection for infectious diseases such as AIDS, take effective protection measures and establish mechanisms to combat it.

Article 21, staff members of the executive branch or associated units and their staff members are held accountable for violations committed in the context of the National Drug Control Act of the People's Republic of China, the Toxicity Regulations.

Article 2 The Modalities for the Control of Pornnan Province, as amended by Decision 172 of the People's Government Order No. 7 of 30 October 1993 and amended by Decision No. 172 of 31 December 2011.