Circular 14/2014/tt-Bldtbxh Dated: Issued In The Form Of Making Recommendations, The Implementation Of The Decision To Apply The Administrative Processing Measures Taken On The Basis Of Compulsory Detoxification And Population Of Building Rules, Qu ...

Original Language Title: Thông tư 14/2014/TT-BLĐTBXH: Ban hành biểu mẫu về lập hồ sơ đề nghị, thi hành quyết định áp dụng biện pháp xử lý hành chính đưa vào cơ sở cai nghiện bắt buộc và hướng dân xây dựng nội quy, qu...

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The CIRCULAR, issued in the form of making recommendations, the implementation of the decision to apply the administrative processing measures taken on the basis of compulsory detoxification and guide the construction of rules and regulations for students of compulsory detoxification facility _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 221/2013/ND-CP on December 30 in 2013 of the Government regulations apply to the baggage handling measures political take on the basis of compulsory detoxification;
Pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
At the suggestion of Director of Department of social evils prevention, Minister of labor, invalids and Social Affairs issued a circular issued in the form of making recommendations, the implementation of the decision to apply the administrative processing measures taken on the basis of compulsory detoxification and guide build rules regulations for students of compulsory detoxification facility.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular issued in the form of making the proposal and decided to apply enforcement measures taken administrative processing on the basis of compulsory detoxification; guide the construction of rules and regulations on the management of students, visit to meet relatives and rewarded, discipline for students of compulsory detoxification facility (hereinafter referred to as the regulations).
2. This circular apply to: a) mandatory rehab facility under the law on handling administrative violations;
b) drug addicts were recommended and must enforce the decision to apply the administrative processing measures taken on the basis of compulsory detoxification;
c) organizations and individuals concerned.
Article 2. General requirements in the building regulations 1. The content specified in the regulation to ensure the provisions of the law on application of administrative processing measures taken on the basis of compulsory detoxification, in accordance with the situation of local practices, ensure the rights and obligations of students.
2. The construction of the regulation must have the participation of practitioners, ensuring objectivity, transparency and proper authority.
Chapter II article 3 FORM. Issued in the form attached to this circular 16 form: 1. Model No. 1: summary;
2. Model No. 2: decisions for managing family who were suggested to apply administrative processing measures taken on the basis of compulsory detoxification during the procedures put into compulsory detoxification facility;
3. Model No. 3: decisions for social organizations manage people were recommended to apply administrative processing measures taken on the basis of compulsory detoxification during the procedures put into compulsory detoxification facility;
4. Model No. 4: memorandums to put people on the basis of compulsory detoxification;
5. Model No. 5: minutes of delivery people have decided to apply the administrative processing measures taken on the basis of compulsory detoxification;
6. Model No. 6: decision object being applied administrative processing measures taken on the basis of compulsory detoxification;
7. Model No. 7: decided to temporarily put people off the premises of compulsory detoxification;
8. Model No. 08: temporary extension decision bringing people out of the Detox facility required;
9. Model No. 9: the decision for students about good mourning;
10. Model No. 10: the minutes delivered to family practitioners about good mourning;
11. Model No. 11: minutes of getting students to expiry on good mourning back mandatory rehab facility;
12. Model No. 12: the vote-tracking reviews;
13. The sample of 13: track Windows visit met the mandatory rehab facility;
14. Model No. 14: the decision to reward for students;
15. Model No. 15: the decision to discipline for students;
16.16: certificate on the complete Executive decided to apply administrative processing measures taken on the basis of compulsory detoxification.
Article 4. Management and use of the form the Agency, organization or individual using the form prescribed in article 3 of this circular are unified, fully guaranteed the prescribed content.
Chapter III CONTENTS REGULATIONS of MANDATORY REHAB FACILITY article 5. Rights of students 1. During the treatment and rehab at the facility forced detoxification, all students are treated equally.
2. Students are allowed to bring into the room in furniture, personal belongings under the statutes of compulsory detoxification facility.
3. In addition to the time of healing, learning and labour, practitioners are involved in activities, culture, arts, sports, fitness, recreation, reading books, newspapers and publications healthy content culture.
4. During treatment, Detox Detox campus students are required to meet relatives and get gifts under regulation visit met relatives of compulsory detoxification facility.
5. During treatment, Detox Detox facility required, students perform strictly the provisions of the law, the statutes of compulsory detoxification facility, have outstanding achievements in academic, labor, work out or set up shall be considered rewarded according to merit regulation discipline for students of compulsory detoxification facility.
Article 6. Responsibilities of participants 1. Join the active healing, learning, labour, work to restore health, human behavior the way to become useful for family, society.
2. Accepted the provisions of the law, the statutes of compulsory detoxification facility.
3. personal belongings of self-preservation; preserving furniture, items of compulsory detoxification facility; protection of the public. Case of loss, damage or compensation under the statutes of compulsory detoxification facility.
4. Detect, fight, prevent the violation of the laws and regulations of the mandatory rehab facility, promptly notify the officers forced detoxification facility for processing.
Article 7. Prohibited behavior for students 1. Contentious fight, causing loss of solidarity, opposition, instigate, incite or entice others to oppose the implementation of the regulation of compulsory detoxification facility and the other provisions of the law.
2. Gambling, organizing gambling in all forms; keep, use and spread the books, newspapers, literature has a reactionary content, depraved and superstition.
3. bring on the basis of compulsory detoxification warfare, poison, explosives, flammable and easy to damage, narcotics, stimulants and psychotropic substances in the banned use of competent bodies.
4. Vandalism, theft, use of equipment, supplies of others when not they agree. The other law violations.
Article 8. Student management of compulsory detoxification establishments 1. The management students of compulsory detoxification facility was made according to the provisions of article 22 of Decree 218/2013/ND-CP on December 30 in 2013 of the Government regulations apply to administrative processing measures taken on the basis of compulsory detoxification.
2. Students accommodation, activities as per the nest or the team match the detoxification process and actual conditions of compulsory detoxification facility.
3. Detox, treatment students in compulsory detoxification establishments from 9 weeks or more are the average review and rating by month. Results based on the rating scale stated in the criteria grading and student ratings (Appendix No. 1). Students management cadres burn assessment tracking Votes (model No 12) and save the file.
4. Students are joining labor therapy and the layout of work consistent with the health, age, sex. Labor time not exceeding 3 hours/day, off the labor on Saturday, Sunday, holidays, lunar new year according to the regulations.
Article 9. Visit to meet relatives 1. The visit to meet relatives are made according to the provisions of article 28 of Decree 218/2013/ND-CP on December 30 in 2013 of the Government regulations apply to administrative processing measures taken on the basis of compulsory detoxification.
2. When visiting the met students, relatives of practitioners certificate or identity papers have pictures of the bodies authorities and reporting relationships with students to undertake visits to meet. Visit case met in the room dedicated to his wife, the husband also papers on must have the paper marriage registration or confirmation of the people's Committee of the communes, wards and towns where residents about marital status.
3. Officers in charge visits having responsibility: checking the papers of relatives, collating visits meet in watched visit to meet compulsory detoxification establishments (13); the Guide and the same relatives, students perform the procedure visit met under visit to meet relatives of compulsory detoxification facility. The case is not eligible to visit encountered explain to relatives and students said.
4. in case of questionable students hiding drugs or banned substances, objects use according to the regulations of mandatory rehab facility, the officer in charge of the visits met to coordinate with the protection officers to conduct checks.
Article 10. Awards, discipline 1. The reward, discipline for students to be made according to the provisions of article 32 of Decree 218/2013/ND-CP on December 30 in 2013 of the Government regulations apply to administrative processing measures taken on the basis of compulsory detoxification.
2. The Council commended, discipline: a) Director of the compulsory detoxification establishments decided to form the Council commended, discipline for students (hereafter abbreviated as the Council), including:-the Director of compulsory detoxification facility was the Chairman of the Council;
-A representative of the departments as members;
-Function rooms represent the Organization, Administrative Secretary of the Council.
b) quarterly or irregular, Council meeting to consider and vote on merit, discipline for each specific case on the basis of the average results of review of the proposal, or the team and comments of managers. The case of equal voting, the comments of the President of the Council is of the opinion the decision.
3. recommended awards records, discipline by officers in charge of the nest or the team created and submitted to the Council in the first week of the next quarter for the case merit periodically, or at the latest 2 days after meeting is the nest suggest review reward, discipline.

Within 7 days from the date of receiving the record, the President of the Council to convene the Council combined. Results the average merit review, the discipline was announced on the news media of mandatory rehab facility. Within 3 days, if there is no complainant, the President of the Council issued the decision rewards, discipline. The event of a complaint, the President of the Council to convene the review about the content match the complaint under the provisions of the law on complaints.
4. Review periodic rewards for students is done based on the vote results, classification of students according to the following criteria: a) praised: in the review quarter awards are graded fairly, of which 1 was good rating;
b) suggest reducing the time limit or exempt Executive part time remaining at the facility forced detoxification is done under the provisions of article 19 of Decree 218/2013/ND-CP on December 30 in 2013 of the Government regulations apply to administrative processing measures taken on the basis of compulsory detoxification.
Student progress is apparent with the monthly rate reaching kind quite back up continuously for 6 months as of the time of the meeting consider the Executive term reduction proposal part time remaining at the facility forced detoxification.
5. Records suggest periodic rewards include: a) the vote track reviews, rating of the proposed reward;
b) meeting minutes the nest or the team suggest rewarded;
c) A recommended reward practitioners of officers in charge of the nest or the team.
6. The sudden reward review applicable to students belonging to one of the following cases: a) positive, courageous in disaster prevention, fire to protect other people's lives, personal property, organization;
b) provide information to detect, prevent, arrest criminals;
c) Helps authorities to detect, prevent, acts of vandalism forced detoxification facility.
7. the suggested profile rewarded extraordinarily: a) the report recommended performance awards have the Agency's verification authority;
b) meeting minutes the nest or the team recommended a minimum reward 2/3 of the contract of Italy;
c) A recommended reward practitioners of officers in charge of the nest or the team.
8. Periodic quarterly or irregular, officials in charge of the nest or the team for living to the average reviews, rewards for students on the basis of the results of reviews, monthly rating, or have unexpected achievement. The review comments are made in the form of secret ballot, the results are recorded in the minutes of the officers in charge of the nest or the team.
9. disciplinary regime: a) the student violated the statutes of compulsory detoxification establishments being reviewed, discipline by one of the following forms:-critics: applicable to violations of the rules of compulsory detoxification facility managers have been reminded twice a month.
-Caution: apply to cases already criticized that still violate the statutes of compulsory detoxification facility within 3 months from the time of criticism but not yet to the level applied in educational discipline;
-In-education discipline: applicable to cases of violations in severity as invasive health others, disrupting the order at the facility forced detoxification, against people on duty, fled or held away from compulsory detoxification facility. The period of education in the discipline room a maximum of 5 days to 7 times.
b) management trainees are responsible for setting the minutes of violations, sending officers in charge of the nest or the team. Within 3 days from receipt of the minutes of the violation, the officer in charge of the nest or the team ask violators to write a review meeting review and self discipline. The disciplinary review meeting must set the minutes signed by the officers in charge of the nest or the team.
c) suggested the discipline records including:-slip the track's assessment was recommended discipline;
-Minutes of the violation;
Review meeting minutes-students of the discipline or the team.
10. The Director of compulsory detoxification establishments decided to adopt the form of reward, discipline in writing (form number 14, model No. 15) and saved to the profile of the student.
Chapter IV IMPLEMENTATION and EFFECTIVE ENFORCEMENT of article 11. Implementation 1. The heads of the relevant units of the Ministry of labor, invalids and Social Affairs, the Director of the Department of labor, invalids and Social Affairs Department, central cities, the Director of compulsory detoxification establishments and organizations and individuals concerned is responsible for the implementation of this circular.
2. The Director of the Department of labor, invalids and Social Affairs is responsible for the General People's Committee directed the ministries of locally made this circular; Guide, test, monitor the implementation.
3. The Director of compulsory detoxification facility is responsible for construction, issued regulations for students of compulsory detoxification facility. The regulations are listed in the right place and rules common to all officers, students, students ' relatives know to make.
Article 12. Effect 1. This circular has effective from August 1, 2014.
2. During the implementation process, if there are problems or obstacles, suggest information about Ministry of labor, invalids and Social Affairs.