The CIRCULAR stipulated the legal test of Chief Justice at district level for the record suggest applying the administrative processing measures taken on the field brought, taken on the basis of compulsory education and compulsory detoxification facility _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of law handling administrative violations on June 20, 2012;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations;
Pursuant to Decree No. 111/2013/NĐ-CP on 30 September 2013 by government regulations apply measures to handle the administration of education in the communes, wards and towns;
Pursuant to Decree No. 221/2013/ND-CP on December 30 in 2013 of the Government regulations apply to administrative processing measures taken on the basis of compulsory detoxification;
Pursuant to Decree No. 02/2014/ND-CP dated 10 January 2014 the Government regulations apply, enforce the administrative handling of measures taken in the Liberal and vocational education required;
At the suggestion of Director of Department of management handling administrative violations and monitor the enforcement of the law, the Minister of Justice issued a circular regulating the legal test of Chief Justice at district level for the record suggest applying the administrative processing measures taken on the field brought , taken on the basis of compulsory education and compulsory detoxification facility.
Chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates the legal test of the Chief Justice in the district people's Committee, district, town, city in the province (hereinafter referred to as the Chief Justice of the district level) with respect to the suggested profile apply administrative processing measures taken on the field brought , taken on the basis of compulsory education and compulsory detoxification establishments (hereafter abbreviated as check of legal records suggest).
Article 2. The object that applies to this circular apply to the Chief Justice at district level and the agencies, organizations and individuals involved in the process of checking the legitimacy of the proposed profile.
Article 3. The principle of the legal test of profile recommendations 1. Ensure the implementation of objective, authoritative content, right, order and procedures prescribed in the law on handling administrative violations, the Decree detailing implementation of Law handling administrative violations and specified in this circular.
2. Ensure the legitimate rights and interests of people with established records suggest measures of administrative processing.
Article 4. Check the content of legal records suggest that the legal test content including the review, assessment and conclusions about the suitability and completeness of records suggest applying the administrative handling measures prescribed by the law on handling administrative violations and specified in clause 2 article 17 of Decree 81/2013/ND-CP dated 19 July 2013 of the Government detailing some things law enforcement measures and handling of administrative violations (hereinafter abbreviated as Decree No. 81/2013/ND-CP). Specifically the following: 1. The documents, papers in the profile suggested applying the measure of administrative processing must ensure adequate in number, the composition, the fit of form and content prescribed in clause 1 and 2 Article 99; clause 1 and 2 Article 101; clause 1 and 2 Article 103 of law handling administrative violations; clause 1 article 11, Decree No. 02/2014/ND-CP dated 10 January 2014 the Government regulations apply, enforce administrative processing measures taken on school and educational establishments (hereinafter abbreviated as Decree No. 02/2014/ND-CP); Article 9 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 (hereafter abbreviated as Decree No. 221/2013/ND-CP) and the provisions of this circular.
2. Time limits apply to administrative processing measures ensure consistent with the provisions in points b, c and d, item 2 article 6 of law handling administrative violations.
3. The subject was suggested to apply the measures of administrative processing to ensure conformity with the provisions of item 2 article 5, Articles 92, 94 and 96 of law handling administrative violations; Article 13, paragraph 2 and 3 article 16 of Decree 81/2013/ND-CP and article 3 of Decree 218/2013 issued. 4. The authority making the proposal apply to administrative processing measures to ensure conformity with the provisions of article 99, 101 and 103 of law handling administrative violations.
5. The procedures established records suggest applying measures of administrative processing to ensure conformity with the provisions of article 99, 101 and 103 of law handling administrative violations; Decree No. 81/2013/ND-CP; Decree No. 221/2013/ND-CP; Decree No. 02/2014/ND-CP and the provisions of this circular.
Article 5. Order and procedure of checking the legitimacy of the proposed profile 1. Expiry of reading records prescribed in clause 3 Article 99, paragraph 3 to article 101 and paragraph 3 Article 103 of law handling of administrative violations, the Agency established that record transfer record for Chief Justice at district level to check the legitimacy of the proposed profile. The records include: a) the Agency's dispatch has established recommended records Chief Justice at district level check of legal records suggest.
b) documents, papers are in the profile suggested.
The delivery receipt, must be made in the minutes.
2. within 5 days from the date of the records suggest that measures taken in the field brought, taken on the basis of compulsory education and compulsory detoxification facility, Chief Justice of the district level are responsible to check the legitimacy of the proposed profile according to the provisions of article 17 of Decree 81/2013/ND-CP and the provisions in the entries 1 , 2 and 3 of chapter II of this circular.
3. Test results of legal records suggest must be expressed in writing form is attached to this circular, signed by the competent person check and seal of Justice. After completion of the test, the test documents are legal records suggest.
4. Case profile suggested legal guarantee according to the provisions of article 4 of this circular, the Chief Justice grants the district transferred the entire profile for police districts with regard to measures taken in the field brought and taken on the basis of compulsory education or Chief of labor, invalids and Social Affairs at district level with regard to the measures taken on the basis of the Detox begins forced to consider, decide to recommend the level people's Court measures administrative processing. The records include: a) The papers document the provisions in points a and b of paragraph 1 of this article;
b) legal test text of Chief Justice at district level.
The delivery receipt, must be made in the minutes.
5. Case profile suggested does not guarantee the legally prescribed in article 4 of this circular, the Chief Justice of the district level must specify in writing the legal test of the content does not guarantee legitimacy, the documents need to modify, Supplement and return the entire transfer of records to the establishment to continue modifying Supplement, complete records as prescribed.
Chapter II LEGAL TEST of the PROFILE SUGGESTED APPLYING the MEASURE of ADMINISTRATIVE PROCESSING section 1 RECORDS SUGGEST the MEASURES TAKEN on the FIELD BROUGHT to article 6. Check out the documentation, papers in the record to suggest measures taken on the school brought 1. Checking the suitability and completeness of the materials, the papers in the profile proposed measures introduced into the school brought are based on the provisions in clause 1 and 2 Article 99 of law handling administrative violations and clause 1 article 11, Decree No. 02/2014/ND-CP.

2. The records suggest that measures taken in the field brought with respect to the case of a minor offence has stable residence include: a) a summary of the history being proposed measures introduced into schools brought under model number 02/TGD attached to circular No. 38/2014/TT-BCA day 12/9/2014 of the Minister of public security regulations the form used when applied to administrative processing measures taken on the field brought;
 b) documentary about the violations of law violators comprised one of the documents, the following documents: report on administrative violations; 2 decision sanctioning administrative violations in the theft, fraud, gambling, disturbing public order and administrative violations (3rd time in 6 months) about one of the theft, fraud, gambling, disturbing public order; scenario, a concluded investigation, the record testimony, report review, report on the examination of the scene, experimental investigation thereon (in the form of the Ministry of public security issued, if any); the document, to other documents according to the rules (if any);
c) material about educational measures applied are: certificate has done executive education decision in Ward Township, commune people's Committee Chairman granted the town under model number 17/DONG ANH REGULAR EDUCATION attached to circular No. 42/2014/TT-BCA day 25/9/2014 of the Minister of public security regulations on the form used in the public security when people apply and enforce measures educational administrative processing in communes, wards and towns;
d) statement of the offense or their legal representative (in the form of the Ministry of public security issued, if any). No case form, statement to ensure the contents are mainly the following: full name of the offense, date of birth, place of residence, place of study or workplace of the violation (if available); Summary of violations;
DD) text expressing the opinions of the parents or legal representative of the violation;
e) texts embodying the opinion of the school, agency, organization, where juveniles are learning or work (if any);
g) other related documents (if any) such as: certified Paper; The Passport; citizen identification card; Birth certificate; Hukou of violators; written notice of the making of the record suggest measures of administrative processing.
3. The records suggest that measures taken in the field brought with respect to the case of a minor violation does not have a stable residence include: a) the documents, travel documents as defined in points a, b, d and DD item 2 article 6 of this circular;
b) A money judgment, extract the money due to the police;
c) documents as defined in point c paragraph 2 article 6 of this circular (if any).
4. The records suggest that measures taken in the field brought with respect to the case of a minor offence has stable residence by police agencies or provincial police districts directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to put into the school brought in accordance with Article 92 of law handling administrative violations include the documents, paperwork as defined in points a, b, c, d and DD item 2 article 6 of this circular.
5. The records suggest that measures taken in the field brought with respect to the case of a minor violation does not have a stable residence by police agencies or provincial police districts directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to put into the school brought in accordance in article 92 of law handling administrative violations include the documents, paperwork as defined in paragraph 3 article 6 of this circular.
Article 7. Check the time measures taken on the field brought the inspection time measures taken on the field brought pursuant to the provisions of point b item 2 article 6 of law handling administrative violations, in particular the following: 1. for objects made of violations specified in clause 1 and 2 Article 92 of law handling of administrative violations, the time the effective application of the measures taken in the field brought is 1 year from the date of implementation of individual violations.
2. for objects made of violations specified in paragraph 3 Article 92 of law handling of administrative violations, the time to apply the measures taken on the field brought is 12 months from the date of implementation of individual violations.
3. for objects made of violations specified in clause 4 Article 92 of law handling of administrative violations, the time to apply the measures taken on the field brought is 12 months from the date the individual made the last one of theft, fraud, gambling, disturbing public order.
Article 8. Check the object being applied the measures taken on the school brought 1. Subjected to measures taken in the field brought must ensure conformity of the age, and the violation of the conditions prescribed in item 2 article 5, article 92 of law handling administrative violations and article 16 of Decree 81/2013/ND-CP, include: a) People from age 12 to under 14 years enough acts to show signs of a particularly serious crime by deliberately provisions in the criminal code as specified in paragraph 1 to article 92 of law handling administrative violations;
b) People from enough 14 years to under 16 years perform acts have the sign of a very serious crime caused by inadvertent provisions in the criminal code as specified in paragraph 2 to article 92 of law handling administrative violations;
c) People from 14 years to under 16 years perform acts that signs of a serious crime by intentionally provisions in the criminal code that had previously applied to educational measures in commune, Ward, as defined in paragraph 3 Article 92 of law handling administrative violations;
d) People from age 14 to under 18 years old enough 2 times or more in 6 months of theft, fraud, gambling, disturbing public order without prejudice to criminal responsibility, had previously been applied in educational measures in commune, Ward, as defined in paragraph 4 to article 92 of law handling administrative violations.
2. The case is not subjected to measures taken in the field brought the provisions in paragraph 2 and article 5 paragraph 5 Article 92 of law handling administrative violations, including: alien; who do not have the capacity of administrative responsibility; who are pregnant have the certification of the hospital; women or single people are raising children under 36 months of age are social people's Committee where the person is resident.
Article 9. Check the jurisdiction to file proposed measures introduced into the school brought the inspection authority to file proposed measures introduced into the school brought pursuant to the provisions in clause 1 and 2 Article 99 of law handling administrative violations, specifically the following : 1. for cases of juvenile offence has a stable residence, the President of the people's Committee of social place that residents have the authority to file proposed measures introduced into the school brought in accordance with art. 1 Article 99 of law handling administrative violations.
2. for cases of minors in violation do not have a stable residence, the President of the people's Committee of social place that made violations of the law making authority the proposal measures taken on the field brought under the provisions of point b paragraph 1 Article 99 of law handling administrative violations.

3. for cases of minors by the police at district level or provincial level public security directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to put into the market brought under the provisions of article 92 of law handling of administrative violations, the police agencies are the record-setting authority proposed measures introduced into schools brought under the provisions of clause 2 Article 99 of law handling administrative violations.
4. The police social responsibility to help people's Committee Chairman at the same level of collecting documents and records suggest that measures taken in the field brought forth at points a and b of paragraph 1 Article 99 of law handling administrative violations.
Article 10. Check out procedural sequence, making the proposal to apply the measures taken on the school brought 1. The inspection order procedure file proposed measures introduced into the school brought pursuant to the provisions of article 99 of law handling administrative violations; Articles 13 and 17 of Decree 81/2013/ND-CP and circular 43/2014/TT-BCA October 2014 of the Minister of public security detailing the implementation of the Decree No. 02/2014/NĐ-CP on 10/01/2014 regulations apply, enforce administrative processing measures taken on school and educational establishments (hereinafter abbreviated as circular No. 43/ 2014/TT-BCA).
2. check the sequences, procedures to profile proposed measures introduced into schools brought under the following: a) the collection of documents and records suggest that measures taken in the field brought must ensure conformity of recommended records components as defined in article 6 of this circular for each case and the authority file the proposal according to the provisions in clause 1 and 2 Article 99 of law handling administrative violations and article 9 of this circular;
b) the determination of the place of residence of minors in violation do not have place of residence stability to ensure conformity with the provisions of item 2 article 5 circular 43/2014/TT-BCA, specifically the following: stable residence is where the resident registration or provisional registration of place of residence and the place where violators who are often living or the majority living space;
There is no stable residence is determined not to be the case where the registered permanent residence or registered place of staying of the offense and the person often goes wandering, no fixed abode or place of registered permanent residence or registered place staying but not often living in it and often roam , not in a fixed place.
c) determining the age of the person being proposed measures introduced into the school brought to ensure conformity with the provisions of article 13 of Decree 81/2013/ND-CP;
d) informing people with proposed measures introduced into school, parents or their legal representative about the making of the record by the agency or the authorized person has established recommended records made to ensure fit on the form, content and duration of the notice prescribed in paragraph 3 Article 99 of law handling administrative violations and clause 1 article 17 of Decree 81/2013/ND-CP section 2 PROFILE SUGGEST MEASURES TAKEN on the BASIS of COMPULSORY EDUCATION article 11. Check out the documentation, papers in the record to suggest measures taken on the basis of compulsory education 1. Checking the suitability and completeness of the materials, the papers in the record to suggest measures taken on the basis of compulsory education must be based on the provisions in clause 1 and 2 Article 101 of law handling administrative violations and article 26 of the Decree No. 02/2014/ND-CP DATED. 2. Records suggest that measures taken on the basis of compulsory education for violators had stable residence include: a) a summary of the history being proposed measures taken on the basis of compulsory education under model number 02/CSGDBB attached to circular No. 39/2014/TT-BCA December 2014 of the Minister of public security rules on the form used when applied to administrative processing measures taken on the basis of compulsory education;
b) documentary about the violations of the law were recommended to apply the measures taken on the basis of compulsory education, including one in the document, the following documents: report on administrative violations; 2 decision sanctioning administrative violations regarding the infringement of the property held in the country or abroad, property, health, honor, dignity of the citizens, of foreigner, violating the order, social security and administrative violations (3rd time in 6 months) of one of the acts mentioned above; scenario, a concluded investigation, the record testimony, report review, report on the examination of the scene, experimental investigation thereon (in the form of the Ministry of public security issued, if any); the document, to other documents according to the rules (if any);
c) papers, documents prescribed in points c, d and g of paragraph 2 article 6 of this circular.
3. The records suggest that measures taken on the basis of mandatory education for persons not resident in the place where there are violations of the law and determine the place of residence of the person that includes documents, papers specified in clause 2 article 11 of this circular.
4. The records suggest that measures taken on the basis of mandatory education for persons not resident in the place where there are violations of the law and does not determine the place of residence of the person that includes: a) the documents, papers specified in point d of paragraph 2 article 6; points a and b of paragraph 2 article 11 this circular;                                              
b) documents specified in point c of paragraph 2 article 6 of this circular (if any).
5. The profile suggested measures taken on the basis of compulsory education for violators had stable residence by police agencies or provincial police districts directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to put into institutions required by the provisions of article 94 of law handling administrative violations, including documents, papers specified in points c and d, item 2 article 6; points a and b of paragraph 2 article 11 of this circular.
6. Records suggest that measures taken on the basis of compulsory education for violators have no place of residence stability due to the police at district level or provincial level public security directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to take on the basis of compulsory education According to the provisions of article 94 of law handling administrative violations, including documents, papers specified in point c of paragraph 2 article 6 (if available); d item 2 article 6; points a and b of paragraph 2 article 11 of this circular.
Article 12. Check the time measures taken on the basis of compulsory education inspection time measures taken on the basis of the education required to be pursuant to the provisions in point c of paragraph 2 article 6 of law handling administrative violations, specifically as follows: time limits applicable of the measures taken on the basis of compulsory education is 1 year from the date of the last execution of an individual in violation of the provisions of paragraph 1 to article 94 of law handling administrative violations.
Article 13. Check the object to apply the measures taken on the basis of compulsory education the subject measures taken on the basis of compulsory education must ensure conformity of the age, and the violation of the conditions prescribed in item 2 article 5, article 94 of law handling administrative violations and article 16 of Decree 81/2013/ND-CP particular, the following:

1. The subject was applied the administrative handling of measures taken on the basis of compulsory education must be made violations of the Organization's property in the country or abroad; property, health, honor, dignity of the citizens, of the alien; violation of order, social security twice over in 6 months but not yet to the level of prejudice criminal liability in accordance with paragraph 1 Article 94 of law handling administrative violations; has been applied in educational measures in commune, Ward, for the offense to have a stable residence or have not been applied in educational measures in communes, wards and towns for cases no violators of residence stability;
2. The case is not subject to apply administrative processing measures taken on the basis of compulsory education stipulated in article 5 clause 2 and clause 2 Article 94 of law handling administrative violations, including: alien; who do not have the capacity of administrative responsibility; the eighteen years old; at age 55, men on women over 60 years old; who are pregnant have the certification of the hospital; women or single people are raising children under 36 months of age are social people's Committee where the person is resident.
Article 14. Check the jurisdiction to file the proposal apply to administrative processing measures taken on the basis of compulsory education the inspection authority to file proposed measures taken on the basis of education required pursuant to the provisions in clause 1 and 2 Article 101 of law handling administrative violations particular, the following: 1. for cases where the breach has a stable residence, then the President of the people's Committee of social level where violators of residence have jurisdiction to file proposed measures taken on the basis of compulsory education as defined in art. 101 Articles of law handling administrative violations.
2. For cases who do not reside at the place where there are violations of the law and determine the place of residence of the person, the people's Committee Chairman granted the commune where resident violators have jurisdiction to file proposed measures taken on the basis of compulsory education as defined in point b of paragraph 1 to article 101 of law handling administrative violations.
3. For cases who do not reside at the place where there are violations of the law and does not determine the place of residence of that person, then the President of the people's Committee of social level where people were recommended to apply measures to handle administrative violations of the law making authority the proposal measures taken on the basis of compulsory education in accordance with defined in point b of paragraph 1 to article 101 of law handling administrative violations.
4. With regard to the case of the violation by the police at district level or provincial level public security directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to put into compulsory education establishments as defined in Article 94 of law handling of administrative violations, the police agencies are accepting the record-setting authority proposed the measures taken on the basis of compulsory education as specified in clause 2 Article 101 of law handling administrative violations.
5. the public security organs shall assist the township-level Chairman of the people's Committee at the same level of collecting documents and records suggest that measures taken in the field brought forth at points a and b of paragraph 1 to article 101 of law handling administrative violations.
Article 15. Check out procedural sequence, making the proposal to apply the measures taken on the basis of compulsory education 1. The test sequence, the procedure of making the proposal apply to administrative processing measures taken on the basis of education required pursuant to the provisions of article 101 of law handling administrative violations; Articles 13 and 17 of Decree 81/2013/ND-CP and circular 43/2014/TT-BCA.
2. check the sequences, procedures to profile suggest measures taken on the basis of compulsory education according to the following: a) the collection of documents and records suggest that measures taken on the basis of compulsory education must ensure conformity of recommended records components specified in article 11 of this circular for each case and the authority making the proposal as specified in clause 1 and 2 Article 101 of law handling administrative violations;
b) the determination of the place of residence of minors in violation do not have place of residence stability to ensure conformity with the provisions of point b item 2 article 10 of this circular.
c) transforming the violation does not reside at the place where there are violations of the law in the case to determine the place of residence of the person where local residents to handle must be established thereon and secured the suit of competence, order and delivery procedures specified in point b of paragraph 1 to article 101 of law handling administrative violations;
d) determining the age of the person being recommended measures included educational institutions are required to ensure conformity with the provisions of article 13 of Decree 81/2013/ND-CP;
DD) informing people were recommended to apply, parents or their legal representative about the making of the record by the agency or the authorized person has established recommended records made to ensure fit on the form, content and duration of the notice prescribed in paragraph 3 Article 101 of law handling administrative violations and clause 1 article 17 of Decree 81/2013/ND-CP. Section 3 SUGGESTED PROFILE APPLY ADMINISTRATIVE PROCESSING MEASURES TAKEN on the BASIS of COMPULSORY DETOXIFICATION article 16. Check out the documentation, papers in the record to suggest measures the administrative processing put on compulsory detoxification establishments 1. Checking the suitability, legality and completeness of the materials, the papers in the profile proposed measures introduced into administrative processing mandatory rehab facility pursuant to the provisions of paragraph 1 and 2 in Article 103 of law handling administrative violations and article 9 of Decree 218/2013/NĐ-CP dated. 2. Records suggest measures taken administrative processing on the basis of compulsory detoxification for drug addicts have a stable residence include: a) a summary of the history being proposed measures introduced into administrative processing mandatory rehab facility under model number 01 attached to circular No. 14/2014/TT-BLDTBXH on 12/6/2014 of Minister of labor, invalids and Social Affairs issued 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;
b) documents proving the status of existing drug addicts who were suggested to apply administrative processing measures taken on the basis of compulsory detoxification include: slip the answer results determine the status of drug addiction, the drug substance of competent person determine the status of current drug addicts who were suggested to apply the measures taken on the basis of the Detox required by Appendix 3 attached to circular No. 17/2015/TTLT-BYT-BLDTBXH-BCA on July 9th in 2015 of the Ministry of health, the Minister of labor, invalids and Social Affairs and public security authority rules, procedures and processes to determine the status of drug addiction;
c) statement of the offense or of their legal representative (in the form of the Ministry of labor, invalids and Social Affairs issued, if any). No case form, statement to ensure the content is mainly prescribed in point d item 2 article 6 of this circular;
d) minutes of administrative violations regarding illegal drug use;
DD) document, according to the documents specified in point c and g of paragraph 2 article 6 of this circular.

3. The records suggest measures taken administrative processing on the basis of compulsory detoxification for drug addicts do not reside at the place where the person is behaving in violation of the law and determine the place of residence of the person that includes documents, papers specified in clause 2 article 16 of this circular.
4. The records suggest measures taken administrative processing on the basis of compulsory detoxification for drug addicts do not reside at the place where the person is behaving in violation of the law and does not determine the place of residence of the person that includes: a) the documents specified in the papers, point a , b, c and d, item 2 article 16 of this circular;
b) documents specified in point c of paragraph 2 article 6 of this circular (if any);
5. The profile suggested measures taken administrative processing on the basis of compulsory detoxification for drug addicts had infringed the residence stability due to the police at district level or provincial level public security directly detect, investigate, accepting in the service violates the law , but not to the level of prejudice that criminal liability subject to take on mandatory rehab facility under the provisions of article 96 of law handling administrative violations, including: a) the documents, papers specified in points a, b, c and d, item 2 article 16 of this circular;
b) documents specified in point c of paragraph 2 article 6 of this circular.
6. Records suggest measures taken administrative processing on the basis of compulsory detoxification for drug addicts have no breach of residence stability due to the police at district level or provincial level public security directly detect, investigate, accepting in the service violates the law , but not to the level of prejudice that criminal liability subject to take on mandatory rehab facility under the provisions of article 96 of law handling administrative violations, including: a) the documents, papers specified in points a, b, c and d, item 2 article 16 of this circular;
b) documents specified in point c of paragraph 2 article 6 of this circular (if any).
Article 17. Check the time limits that apply to administrative processing measures taken on the basis of compulsory detoxification checking time limits apply to administrative processing measures taken on the basis of compulsory detoxification pursuant to the provisions in point d item 2 article 6 of law handling administrative violations and article 4 of Decree 218/2013/ND-CP specific, as follows: time limits applicable to administrative processing measures taken on the basis of mandatory Rehab is 12 months from the date the individual acts of unauthorized drug use last, was discovered and founded thereon according to the provisions of article 8 of Decree 218/2013/ND-CP of 18 Thing. Check the object being applied administrative processing measures taken on the basis of the mandatory withdrawal 1. The subject was applied the administrative handling of measures taken on the basis of compulsory detoxification to ensure conformity of the age, and the violation of the conditions prescribed in item 2 article 5, article 96 of law handling administrative violations; Article 16 of Decree 81/2013/ND-CP; Article 37 of Decree 111/2013/ND-CP on 30 September 2013 by government regulations apply measures to handle the administration of education in the communes, wards and towns (hereafter abbreviated as Decree No. 111/2013/ND-CP); Articles 3 and 5 of Decree 218/2013/ND-CP, include the following specific cases: a) drug addicts from 18 years old to have a stable residence, has been applied in educational measures in commune, Ward, due to drug addiction but still addicted as specified in item 1 Article 96 of law handling administrative violations and paragraph 1 of article 3 of Decree 221/ 2013/ND-CP;
b) drug addicts from 18 years of age, have not yet been applied in educational measures in commune, Ward, due to drug addiction but no stable residence under the provisions of paragraph 1 to article 96 of law handling administrative violations and item 2 article 3 of Decree 218/2013/NĐ-CP dated. 2. The case is not subject to apply administrative processing measures taken on the basis of compulsory detoxification prescribed in clause 2 article 5 and item 2 Article 96 of law handling administrative violations; paragraph 3 article 16 of Decree 81/2013/ND-CP; Article 37 of Decree 111/2013/ND-CP; Article 5 of Decree 218/2013/ND-CP and item 2 article 3 of Decree 96/2012/ND-CP on November 15, 2012 of the Government regulations on the treatment of addiction to the drug substance with alternative medicine, including: alien; who do not have the capacity of administrative responsibility; who are pregnant have the certification of the hospital; women or single people are raising children under 36 months of age are social people's Committee where that person resides; people are taking the drug rehab program in the community; people are joining the program substance addiction treatment drug.
Article 19. Check the jurisdiction to file the proposal apply to administrative processing measures taken on the basis of compulsory detoxification the inspection authority to prepare the proposal apply to administrative processing measures taken on the basis of compulsory detoxification pursuant to the provisions in clause 1 and 2 Article 103 of law handling administrative violations particular, the following: 1. for cases of drug addicts have a stable residence and cases of drug addicts do not reside at the place where there are violations of the law and determine the place of residence of that person, the Chairman of people's Committee of social place that residents have the authority to file proposed measures taken on the basis of the Detox required.
2. for cases of drug addicts do not reside at the place where there are violations of the law and does not determine the place of residence of the person, the people's Committee Chairman granted the town where drug addicts make violations of the law making authority the proposal measures taken on the basis of compulsory detoxification.
3. With regard to cases of drug addicts by the police at district level or provincial level public security directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to take on mandatory rehab facility under the provisions of article 96 of law handling administrative violations , then the police are authorized the establishment of the proposed profile to apply the measures taken on the basis of compulsory detoxification.
4. The police social responsibility to help people's Committee Chairman at the same level of collecting documents and records suggest that measures taken in the field brought forth at points a and b of paragraph 1 to article 103 of law handling administrative violations.
Article 20. Check out procedural sequence, making the proposal apply to administrative processing measures taken on the basis of the mandatory withdrawal 1. The test sequence, the procedure of making the proposal apply to administrative processing measures taken on the basis of compulsory detoxification pursuant to the provisions of article 103 of law handling administrative violations; Articles 13 and 17 of Decree 81/2013/ND-CP; Article 8 Decree No. 221/2013/ND-CP and the provisions in paragraph 2 to article 20 of this circular.
2. check the sequences, procedures to profile proposed measures introduced into administrative processing mandatory rehab facility under the following: a) the collection of the materials and prepare the proposal apply to administrative processing measures taken on the basis of compulsory detoxification must ensure conformity of components recommended for each profile where defined in article 16 of this circular and the jurisdiction established recommended records prescribed in clause 1 and 2 Article 103 of law handling administrative violations;
          b) the determination of the place of residence of the drug addicts do not reside at the place where the person is behaving in violation of the law to ensure conformity with the provisions of point b item 2 article 10 of this circular;
c) determining the age of the person being recommended measures taken on the basis of compulsory detoxification to ensure conformity with the provisions of article 13 of Decree 81/2013/ND-CP;

d) transferring the person in violation do not reside at the place where there are violations of the law in the case to determine the place of residence of the person where local residents to handle must be established thereon and secured the suit of competence, order and delivery procedures specified in point b of paragraph 1 to article 103 of law handling administrative violations;
DD) informing people were recommended to apply, parents or their legal representative about the making of the record by the agency or the authorized person has established recommended records made to ensure fit on the form, content and duration of the notice prescribed in paragraph 3 Article 103 of law handling administrative violations and clause 1 article 17 of Decree 81/2013/ND-CP. Chapter III article 21 ENFORCEMENT TERMS. Effective enforcement of this circular effect since Feb. 15 in 2016.
Article 22. The form used in the implementation of the legal test of the record 1. Attached to this circular the following form: a) model No. 01/TGD: Announces test results of legal records suggest measures of administrative processing brought in liberal schools;
b) Model number 02/CSGDBB: test results of legal records suggest measures taken administrative processing on the basis of compulsory education;
c) Model number 03/CSCNBB: test results of legal records suggest measures taken administrative processing on the basis of compulsory detoxification.
2. The Agency, organization or individual using the prescribed form is attached to this circular to ensure consistent, complete the prescribed content.
Article 23. Responsibility 1. Chief Justice at district level, agencies, organizations and individuals concerned is responsible for the implementation of this circular. 
2. In the process of implementation, if the legal texts are references to apply this circular was amended and supplemented, replaced by a new legal text shall apply according to the new text had the effect.
3. In the process of implementing, if there are difficulties, obstacles or problems arise, suggest the Agency, organization, timely personal reflection on the Ministry of Justice to study, modify, Supplement.