Decree 61/2010/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 135/2004/nd-Cp Dated 10 June 2004 From The Government Regulations On The Regime Applied The Measures Taken On The Basis Of Healing, ...

Original Language Title: Nghị định 61/2011/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 135/2004/NĐ-CP ngày 10 tháng 6 năm 2004 của Chính phủ quy định về chế độ áp dụng biện pháp đưa vào cơ sở chữa bệnh,...

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Pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on drug prevention, 2000; Law on amendments and supplements to some articles of the law on drug prevention on June 3, 2008;
Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 135/2004/ND-CP dated 10 June 2004 from the Government regulations on the regime applied the measures taken on the basis of healing, active organization of the basis of healing according to the Ordinance on handling administrative violations and the regime applicable to minors , who voluntarily on the basis of healing as follows: 1. the additional clause 2 amendments to article 1 as follows: "2. the compulsory rehab facility under the law on drug prevention and curative establishments according to the Ordinance on handling administrative violations are referred to in this Decree is the Healing Center-education-social workers.
The Healing Center-education-social workers is a public business units; Organization and operates under the provisions of the current law on public business units. "
2. Amendments, supplements paragraph 1 article 2 as follows: "1. Drug addicts from 18 years of age in the following circumstances which have unauthorized use of drugs shall be applied the measures taken on the basis of healing from 1 year to 2 years: a) Has sanctioned administrative violations regarding unauthorized use of drugs;
b) Was educated in the communes, wards and towns or have not been applied this measure but without certain residence;
c) were drug Detox in drug rehab or family in the community. "
3. Amendments and supplements article 3 as follows: "article 3. The absence of measures taken on the basis of healing: 1. Foreigners.
2. Drug addicts not enough 18 years.
3. People age 55 for women, over 60 years old for men.
4. The prostitution not enough 16 years.
The legal bases for determining age is birth certificate or identity card, passport or Hukou. The absence of the aforesaid documents shall be based on other materials.
The case at the time of signing the decision to apply the measures taken on the basis that the person is not enough to cure age 18 shall not apply to measures taken on the basis of healing which consider establishment put on the basis of healing according to the order, the procedure for minors prescribed in section II of chapter II of Decree 135/2004/ND-CP dated 10 June 2004 of The Government.
The case has been put into making the basis of healing but to the date of signing the decision taken on the basis of healing, the decision was taken on the basis of healing that a fugitive until arrested again where they were 55 years for women, on over 60 years of age for males is not a decision taken on the basis of healing. The decision was taken on the basis of healing, the President of the people's Committee at district level to revoke that decision.
The case was postponed, temporarily suspended enforcement of the decision but on the expiry, suspension, they were 55 years for women, on over 60 years for men, the President of the people's Committee of the district level executive exemption decision time left.
The Ministry of labor, invalids and Social Affairs, in collaboration with the Ministry of public security, the Ministry of health instructions detailing the implementation of this. "
4. Amendments, supplements article 7 as follows: "article 7. Encourage investment in Healing Center-education-social workers of the enterprises, organizations, individuals invest in Healing Center-education-social workers enjoy preferential policies according to the provisions of the law on the policy encourages socialization with respect to activities in the field of education , vocational, health, culture, sports, the environment. "
5. Amendments, supplements article 8 as follows: "article 8. Funding secured for the application of measures taken on the basis of healing and the financial mechanism of the Healing Center-education-social workers 1. Funding secured for the application of measures taken on the basis of healing be mobilized from other sources: a) to the State budget;
b) contribution of individuals or families who voluntarily on detoxification, treatment at the Center;
c) revenues from production labor results;
d) aid and support of the organizations and individuals in and outside the country;
DD) other sources of legitimate income.
2. the financial mechanism of the Healing Center-education-social workers follow the provisions of the law on autonomy, self responsible for performing the task, organizational, staffing and financial business units. "
6. Amendments, supplements article 9 as follows: "article 9. The recommended procedure for record and put on the basis of healing 1. Chairman of people's Committee of the communes, wards and towns (hereinafter referred to as the social level) set records suggest measures taken on the basis of healing people's Committee Chairman sent the district level. Social public security is responsible for collecting the materials help people's Committee Chairman granted the commune establishment.
2. The records suggest that measures taken on the basis of healing: a) A resume (Photo 4 x 6 cm legal base and defining the age), the Hospital (if any) of drug addicts;
b) thereon or document identification of violations of the laws of that person; measures for the handling of administrative violations, of the measures the Detox, Detox after the management has applied (if any);
c) text of the people's Committee Chairman suggested township-level measures taken on the basis of healing;
d) review of the level of the Commission's opinion, national or organizational members of the fatherland at the same level for which the person is a member.
3. establishment procedure for people without certain residence made under the provisions of Decree No. 43/2005/ND-CP dated April 5, 2005 of the Government putting drug addicts, people in prostitution without certain residence to stay temporarily at the base of healing.
4. prepare funding proposals put to the basis of healing according to the provisions in paragraph 1, paragraph 2 this was arranged in genus estimation of the social budget. "
7. Amendments, supplements article 11 as follows: "article 11. The Advisory Council on the inclusion on the basis of healing 1. The Advisory Council on the inclusion on the basis of healing (hereinafter referred to as the Council) is the agency that helps people's Committee Chairman at district level in the profile review suggested putting on the basis of healing.
Chairman of people's Committee of the district level decision established dissolve Advisory Board.
2. Advisory Board members include representatives of agencies: labor, invalids and Social Affairs, justice, public security, health and the women at district level. Heads of labor, invalids and Social Affairs is consulting Council.
3. When recommended records review measures taken on the basis of healing, Advisory Board working under collective modes, reviewed and voted on each specific case, the conclusion by majority. Advisory Council meeting minutes are stating the opinions of individual members to attend accompanied by the report of the Chairman of the people's Committee at district level.
4. within 7 days from the date of the record, the Advisory Council is responsible for preparing, organizing, chairing the session Advisory Council and made the text suggested the people's Committee Chairman granted the district decided to apply the measures taken on the basis of healing.
5. Funding review of records, the preparation and organization of the session, members participated in the session of the Advisory Council; put the object on the basis of healing, the object has to be decided on the basis of healing but fled before the Center is housed in the estimation of regular budget expenditure at district level. "
8. additional amendments to article 18 as follows: "article 18. Executive exemption, deferred the decision taken on the basis of healing 1. People were measures taken on the basis of healing be delayed enforcement of the decision in the following cases: a) ill have the certification of the hospital from the district level;
b) pregnant women are certified by the hospital from the district level or over or are raising children under the age of thirty-six months have proposed single Committee granted the commune where the person is resident.
2. People were measures taken on the basis of healing are free of executive decisions in the following cases: a liver disease) are certified by the medical establishment from the district level;
b) sick end-stage AIDS;
c) Have distinct progress in the observance of the law or set up and no longer using drugs during the postponement decision.
3. The procedure delayed, provided enforcement of decisions: a) people were measures taken on the basis of healing must propose delayed, free (accompanied by proof of exemption, deferred, subject to voluntary detoxification) sent people's Committee Chairman granted the commune; for people with no fixed residence are temporarily staying at the Center then sent the Director of the Healing Center-education-social workers;
b) within 2 working days from the date of receipt, the Chairman of people's Committee of social, Director of the Healing Center-education-social workers to review, verify and do text to send the Chief of labor, invalids and Social Affairs at district level;
c) within 2 working days from the date of receipt by the Chairman of people's Committee of social, Director of the Healing Center-education-social workers, head of labour, invalids and Social Affairs at district level to consider, the Chairman of people's Committee of the district level;
d) within 2 working days from the date of receipt of the head of labour, invalids and social, Chairman of the people's Committee at district level to consider, decide to defer or exempt executive decisions taken on the basis of healing;
DD) decided to postpone the Executive exemption, the decision taken on the basis of healing must be delivered to the person to be deferred, as long the person, family, labor, invalids and Social Affairs, the police and the district-level people's committees of communes where that person resides.
Upon expiry, the objects on the right continue to obey the decision taken on the basis of healing; being apply coercive measures prescribed by the law on the handling of administrative violations with respect to involuntary case. "
9. Supplement Article 21a after article 21:

"Article 21a. Transfer of records in an object brought into the institution, the school brought 1. The Council consulted brought on the basis of healing move for the competent agency review of records inserted into the institution, the school brought in accordance with the current legislation for the following cases: a) drug addicts in the kind of rough, aggressive;
b) drug addicts have Detox several times, often disturbing public order have used violence or hung, against people on duty or to the life, the health of others.
2. The object is in the cutting phase, recovery that made these acts: theft, fraud, gambling, disrupting the order; property infringement of the Healing Center-education-social workers; compromised assets, health, honor, dignity of others but not to the level of prejudice criminal liability, the Director of the Healing Center-education-social workers established record suggest the Agency has the authority to review the records put in an institution, the school brought in accordance with the law.
3. recommended profiles brought into the institution, the school brought to the object specified in item 2 of this Article are: a) the profile of drug addicts there are in the basis of healing;
b) report about violations during the Detox, treatment in the Healing Center-education-social workers;
c) documents, documents related to violation of the object.
4. The responsibility to set the record, suggested procedures measures taken on the basis of education, the school brought the provisions in paragraph 2 of this Article shall be as follows: a) Director of the Healing Center-education-social workers making the proposal put to the school Committee Chairman sent liberal people of district level where a decision to apply the measures taken on the basis of curing the disease;
b) Healing Center Director-education-social workers making the proposal takes the audience into the institution to send the President the people's committees at district level where a decision to apply the measures taken on the basis of healing to the Chairman of the provincial people's Committee decision;
c) review procedures about putting on the institution, the school brought to the object specified in item 1, item 2 of this Thing done under the provisions of Decree No. 76/2003/ND-CP dated 27 June 2003 of government regulations and guide the application of the measures taken on the basis of education , Decree No. 125/2008/ND-CP on December 11, 2008 of the Government revising, supplementing a number of articles of Decree No. 76/2003/ND-CP of the Government regulations and instructions for the application of measures taken on the basis of education; Decree No. 142/2003/ND-CP dated 24 November 2003 by the Government stipulates the application of the measures taken in the field brought, Decree No. 68/2009/ND-CP of July 8, 2009 the Government's amendments and supplements to some articles of Decree No. 42/2003/ND-CP stipulates the application of the administrative processing measures brought into school.
5. The Ministry of labour, invalids and Social Affairs in collaboration with the Ministry of public security specific instructions about making the proposal put to the institution, the school brought to the object specified in this article.
6. prepare funding proposals put to the institution, the school brought in accordance with paragraph 2 of this Article; cost object fled the Center are arranged in genus estimation of the Healing Center-education-social workers. "
10. Amendment to article 22 as follows: "article 22. Prejudice criminal liability for criminal acts done before or during the implementation of the measures taken on the basis of healing.
1. When people are Executive decided to enter the base healing done criminal acts before or during the Executive decided that not all time prejudice criminal liability, the body conducting the criminal proceedings has the authority to request the President of the people's Committee at district level where a decision to apply the measures taken on the basis of temporary cure family only the enforcement of the decision and move on that person's profile to the body conducting the criminal proceedings.
2. where the provisions of paragraph 1 of this article the renovated court sanction the detention or imprisonment but not to affect probation, they must continue to make drug addiction at the Healing Center-education-social workers.
3. where the provisions of paragraph 1 of this article, the Prison Court sanctions if the time penalty of jail time less drug Detox, then after finishing Executive penalty must continue Drug detox Healing Center-education-social workers for the remainder of the prescribed time limit.
4. the bodies conducting criminal proceedings have a responsibility to inform the President of the people's Committee of the district level where the decision was temporarily suspended enforcement of the decision, the Director of the Healing Center-education-social workers where there are executive decisions and coordinate with the Court the Agency projects, imprisonment to force that person to continue to take measures on Executive healing facility as defined in paragraph 2, paragraph 3 of this article. "
11. Amendment to article 33 as follows: "article 33. Sleep mode to bear mourning case he, she, her, mom (both husband and wife), spouses, children, siblings, children's intestines were measures taken on the basis of healing death, has single family's proposal and was the people's Social Committee confirm the Healing Center Director-education-social workers look for that person to go home suffered bereavement in time less than 3 days (excluding travel time). This time is calculated on the Executive term decision. The family is responsible for pickup and put the person back to the Healing Center-education-social workers. Family case cover, tolerate people were measures taken on the basis of healing does not come back after the period bear Center tang Center, then the search decision under the provisions of the law and the family must take responsibility jointly. "
12. Amend Article 36 as follows: "article 36. The mode of subsidy, contribution 1. People were measures taken on the basis of healing is State aid money medicines, medication support, Detox support apprenticeship, learning the culture and shopping widgets the necessary personal and living expenses; supported a portion of money to eat, in the executive decision time. For people in poor households, the family policy under the Ordinance on the incentive people to the revolution, minors, persons infected with HIV/AIDS, who have no fixed residence support full eat in executive decision time.
2. People were measures taken on the basis of healing or the person's family were measures taken on the basis of healing must contribute a portion of the money to eat according to regulations. "
13. additional amendments clause 1 Article 49 as follows: "1. The person who voluntarily apply the Healing Center-education-social workers have to contribute the entire cost in time at the Center, unless otherwise exempt, falling under the provisions of the law."
14. Amendments, supplements Article 61 as follows: "article 61. Suspension, remission, or Executive exempt decision at the Healing Center-education-social workers 1. During the executive decision taken on the basis of healing, the Healing Center Director-education-social workers review, suggested the people's Committee Chairman granted the district temporarily suspended, remission, or Executive exemption decision with respect to the following cases: a) pregnant women shall be temporarily suspended enforcement of the decision until the full thirty-six months old;
b) Executive who took part two, distinct progress in the executive decision or period in time observance in the Healing Center-education-social workers shall be reduced or exempted Executive part time left;
c) ill People are temporarily suspended executive decisions taken on family therapy; treatment time is counted on the Executive term decide; After the restoration of health which the Executive term decided to rest from 3 months or more, that person must continue to obey; the case of the remaining time under 3, or who have been identified with the poor, the insurance Executive exempt part time left.
2. The following circumstances are considered as distinct progress in the executive decision time, the establishment of: a) cases have distinct progress in the executive decision time is the time in positive decisions Executive labor, learning, healing, accepted rules the Center's regulations, and was Director of merit prescribed in item 2 Article 70 of Decree 135/2004/ND-CP dated 10 June 2004 from the Government;
b) in the case of Executive time to decide is who denounce these acts very serious offences, particularly severe; help authorities detect, prevent crime, the Act of leaving the Center, the Center for prevention; Save the lives of others; the rescue was the property of the State, the collective and Director awards in writing.
3. The order and procedure of considering the reduction of the time limit, temporary suspension or remission of executive decisions taken on the basis of healing: a) Director of the Healing Center-education-social workers make a list of the cases in remission, suspension or exemption from the executor decides according to the provisions in clause 1 item 2, this attached text to send the Chief of labor, invalids and Social Affairs at district level where the establishment measures put the object on the basis of healing;
b) within 3 working days from the date of receipt of the text of the Healing Center Director-education-social workers, head of labour, invalids and Social Affairs is responsible for verification, the Chairman of people's Committee of the district level;
c) within 10 days from the date of the writing of the head of labour, invalids and social, Chairman of people's Committee of the district level must decide whether remission, temporary suspension or remission of executive decisions taken on the basis of healing;

d) decided to temporarily suspend, reduce the time limit, or the free executive decision taken on the basis of healing must be sent to the person who is temporarily suspended, reduced or waived enforcement of decisions, that person's family, labor, invalids and Social Affairs, the police and the district-level people's committees of communes where that person resides.
Upon expiry of temporary suspension, the objects on the right continue to obey the decision taken on the basis of healing; being apply coercive measures prescribed by the law on the handling of administrative violations with respect to involuntary case. "
15. Amendment 62 Article as follows: "article 62. Expiration of executive decisions taken on the basis of healing 1. Before the time finish the required 45-day Detox, Healing Center Director-education-social workers are responsible for organizing the Council review of the re high addiction risk, prepare the proposal applies the following management measures detoxification at the residence, in the heart of management after the Detox as stipulated in Decree No. 94/2009/ND-CP dated 26 October 2009 detailing the Government's enforcement of the law on amendments and supplements to some articles of the law on drug prevention on management after Drug detox.
2. The Ministry of labour, invalids and Social Affairs, in coordination with the ministries concerned instructions detailing the implementation of the management after detoxification in residence and after Rehab Management Center; in collaboration with the Ministry of the Interior, the Ministry of Finance shall guide the establishment, organization, functioning and policy regime for the volunteer social work social support for the work of the management, Detox detoxification in residence. "
16. Amendment 64 Article 2, clause as follows: "2. Regulating the drug research and Drug detox methods; granted, revoked the license of a circulation of drugs, drug Detox methods; guide the procedure identified drug addicts; steer the Agency jurisdiction management, support of people, technical expertise when necessary. "
17. Amend Article 67 Article 67 ". The responsibility of the Ministry of Finance Ministry of finance, in cooperation with the Ministry of labor, invalids and social content guidelines, the level of expenses, records review, object away, put the object on the basis of healing; the contributions of the inhabitants were measures taken on the basis of healing, who voluntarily on the basis of healing; free mode, reduce the contributions, support mode a part of money eat money, medicines, money, trade stores personal living supplies needed and other expenses during the Executive's decisions were measures taken on the basis of healing at the Center. "in article 2. Effective enforcement of this Decree in effect enforced since February 8, 2011.
Article 3. Responsible for guiding the implementation 1. The Ministry of labor, invalids and Social Affairs, the Ministry of public security, the Ministry of health and the Ministry of finance is responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.