Thông tư liên tịch 01/2003/TTLT-BLDTBXH-BYT-BCA

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 56/2002/ND-CP OF MAY 15, 2002 ON ORGANIZATION OF THE FAMILY- OR COMMUNITY-BASED REHABILITATION FOR DRUG ADDICTS

On May 15, 2002, the Government promulgated Decree No. 56/2002/ND-CP on organization of the family- or community-based rehabilitation for drug addicts. The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and the Ministry of Public Security hereby agree to guide the implementation of a number of articles of this Decree as follows:

SUBJECT TO THE FAMILY- OR COMMUNITY-BASED REHABILITATION

Form of the family- or community-based rehabilitation applies to all drug addicts residing in the community, except those falling in one of the following cases:

1. Being subject to compulsory consignment to rehabilitation establishments;

2. Being subject to measures of education in communes, wards or townships;

3. Being subject to measures of consignment to reformatory schools;

4. Being subject to measures of consignment to education camps;

5. Being examined for penal liability for illegal use of narcotic substances;

6. Having been detoxicated in families or communities but still being addicted.

II. WORKING TEAMS FOR REHABILITATION OF DRUG ADDICTS

1. Working teams’ membership

The presidents of the People’s Committees of communes, wards or townships (hereafter called the commune-level for short) shall make decisions to set up the working teams for family- or community-based rehabilitation for drug addicts (hereafter called the working teams for short), which shall assist the commune-level People’s Committees in organizing the rehabilitation. A working team shall be composed of a vice president of the commune-level People’s Committee, social or socio-cultural workers, health workers, commune, ward or township policemen and a number of officials of other departments, branches and mass organizations of the same level.

Basing themselves on the specific situation and organizational structures of their localities, the presidents of the commune-level People’s Committees shall decide on the number of members and designate officials as the standing members of the working teams.

2. Tasks of the working teams’ members

a/ The heads of the working teams shall have to devise, direct and guide the departments and branches to coordinate with the concerned agencies and organizations in urging and inspecting the implementation of the family- or community-based rehabilitation plans.

< p="">- Sum up dossiers and prepare necessary procedures for the working teams to submit them to the presidents of the commune-level People’s Committees for decisions on rehabilitation or application of measures to handle violations according to their competence, and grant certificates of having undergone the family- or community-based rehabilitation.

- Periodically or extraordinarily evaluate the rehabilitation results and comply with the reporting regime as prescribed.

- Manage rehabilitation dossiers according to regulations.

< p="">- Members being commune, ward or township police officers shall have to collect documents, verify and compile dossiers on those drug addicts entitled to family- or community-based rehabilitation; maintain order and safety for the rehabilitation and coordinate with the concerned agencies and organizations as well as drug addicts’ families in monitoring, helping and closely managing them during and after the rehabilitation.

- Members being the commune-level health workers shall have to verify and determine the addiction state of the drug addicts and conduct drug tests (when necessary); devise plans as well as treatment and restoration methods for each specific case; compile dossiers and medical records and apply measures strictly according to the rehabilitation methods already approved by competent agencies for detoxication and post-detoxication therapy of biological disturbances and medical treatment for those who take the family- or community-based rehabilitation.

- Other members being officials and employees of the departments, branches and social organizations shall, under the assignment of the heads of the working teams, have to supervise, monitor and coordinate with one another in managing and helping the drug detoxicators.

III. ORDER AND PROCEDURES FOR COMPILATION OF REHABILITATION DOSSIERS

1. Organization of rehabilitation declaration and registration

The working teams shall have to arrange convenient places and assign officials to receive the rehabilitation declaration and registration; the places and time for receiving rehabilitation declaration and registration must be publicly announced for people in the localities.

Rehabilitation declaration- and registration-receiving officials shall have to guide the drug addicts and their families or guardians in declaring the addiction state of the drug addicts and other necessary information in service of the rehabilitation (Form No. 1).

2. Rehabilitation commitments

Within 5 days as from the time the drug addicts and their families or guardians declare and register the rehabilitation, the working teams shall inspect, verify and compile dossiers thereof. If the registrants are subjects of family- or community-based rehabilitation, the working teams shall advise and guide them to sign in the commitments (Form No. 2) and submit them to the presidents of the commune-level People’s Committees for decisions. In cases where the drug addicts simultaneously get acute or chronic diseases, which affect the rehabilitation process, they must be advised to have medical treatment before taking the rehabilitation.

3. Rehabilitation decisions

Within 2 days after receiving the working teams’ proposals, basing themselves on each specific case, the presidents of the commune-level People’s Committees shall make decisions to permit the drug addicts to take the family- or community-based rehabilitation for at least 6 months. A rehabilitation decision shall be made in 4 copies, 1 copy to be kept at the commune-level People’s Committee, 1 copy to be sent to the working team for inclusion in the dossier, 1 copy to be sent to the detoxicator or his/her family or guardian, and 1 copy to be sent to the head of the population group or chief of hamlet or village (hereinafter referred collectively to as the population group) where the detoxicator resides for coordination in implementation of the rehabilitation work.

IV. REHABILITATION FOR THE DRUG ADDICTS

1. The family- or community-based rehabilitation shall comply with a uniform process (the appendix is enclosed herewith).

2. The application of measures for detoxication or post-detoxication therapy of biological disturbances and medical treatment for those who take the familly- or community-based rehabilitation must strictly comply with the methods prescribed by the Ministry of Health.

3. Basing themselves on the actual situation in their localities, the commune-level People’s Committees may organize permanent reception of drug addicts for detoxication at the commune, ward or township health stations, or arrange suitable places with adequate safe conditions for organization of detoxication treatment drives for drug addicts at population groups.

4. The drug detoxicators shall have the responsibility:

- To strictly comply with their own commitments;

- Not to use medicines or substances which distort results of drug

- To send monthly reports on rehabilitation results to the officials assigned to help the rehabilitation in order to record them in the monitoring books (Form No. 4);

- When leaving their places of residence, to report such to the officials assigned to help the rehabilitation, and when returning home, to take drug tests (if necessary).

5. Families or guardians of the drug detoxicators shall have to:

- Adequately prepare conditions and funds for the rehabilitation according to the general regulations;

- Guide, care for, encourage and help the drug detoxicators in their rehabilitation;

- Manage and supervise the drug detoxicators in observing the rehabilitation commitments.

V. HANDLING OF VIOLATIONS

1. In the course of organization of the family- or community-based rehabilitation, if the detoxicators are detected to have signs of illegally using narcotic substances, addictive medicines or psychotropics, the officials assigned to help the rehabilitation shall coordinate with their families in inspecting and collecting samples for drug tests.

2. In cases where the detoxicators violate the rehabilitation commitments, the officials assigned to help the rehabilitation shall caution them to redress or make written records on violation handling. Depending on the nature and seriousness of their violations, the working teams shall report thereon and propose to the presidents of the commune-level People’s Committees for decision one of the following measures of violation handling:

- Warning;

- Suspension of the family- or community-based rehabilitation and request for compensation of damage and rehabilitation organization expenses, and application or proposal for application of other measures of handling by competent authorities according to law provisions.

VI. GRANTING OF CERTIFICATES OF HAVING GIVEN UP DRUG ADDICTION

1. Consideration and granting of certificates of having given up drug addiction

a/ Within 15 days before the expiry of the family- or community-based rehabilitation duration, the working teams shall assume the prime responsibility and coordinate with the heads of population groups and families or guardians of those who have given up drug addiction in organizing population groups’ meetings in order to consider and evaluate rehabilitation results of the detoxicators, and request the granting of certificates of having given up drug addiction for those who have met the prescribed conditions. The meetings’ contents must be inscribed in minutes.

< p="">- Having no narcotic substances left in their bodies;

- Fulfilling the rehabilitation commitments;

- Having clear changes in their perception and acts, having a healthy life style and being agreed by 2/3 of population group meetings’ members to apply for granting of such certificates.

c/ In cases where the detoxicators have not yet fully met the criteria for the granting of family- or community-based rehabilitation certificates, the working teams shall report thereon to and propose the presidents of the commune-level People’s Committees to make decisions permitting them to continue the family- or community-based rehabilitation for 3 months. Such decisions shall apply to them no more than twice. If they still fail to satisfy the criteria for certificate granting, the presidents of the commune-level People’s Committees shall consider the application of measures of education in communes, wards or townships, or consignment to compulsory rehabilitation establishments.

After one year as from the date the certificates of having undergone the family- or community-based rehabilitation are granted, if the certificate grantees do not relapse into addiction, they shall be regarded as not yet being subject to the application of this form of rehabilitation.

2. Announcement of rehabilitation results

After the presidents of the commune-level People’s Committees sign the certificates of having undergone the family- or community-based rehabilitation for those who have given up drug addiction, the working teams shall coordinate with population groups, detoxicators’ families as well as concerned agencies and organizations in preparing necessary conditions to organize meetings for announcement of the accomplishment of rehabilitation process, present certificates of having given up drug addiction and hand over the drug addicts to families and population groups so that the latter can continue to manage, supervise and help them in families and communities.

VII. IMPLEMENTATION ORGANIZATION

1. The directors of the provincial/municipal Services of Labor, War Invalids and Social Affairs shall coordinate with the directors of the Health Services and directors of the Public Security Services of the provinces and centrally-run cities in:

- Assisting the presidents of the provincial/municipal People’s Committees to concretize their functions and tasks; formulate the working regulations, coordination mechanisms and relations of the departments, branches and mass organizations; arrange officials, material bases and funds for the work of the family- or community-based rehabilitation, especially at the commune level.

- Directing and guiding the inspection of professional operation of each branch in the rehabilitation of drug addicts; creating conditions for the commune-level People’s Committees to well perform the work of family- or community-based rehabilitation.

2. This Circular takes effect 15 days after its signing for promulgation.

3. Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and the Ministry of Health for settlement.

APPENDIX

(Issued together with Joint Circular No. 01/2003/TTLT/BLDTBXH-BYT-BCA of January 24, 2003 of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and the Ministry of Public Security)

GUIDANCE

FOR THE PROCESS OF FAMILY- OR COMMUNITY-BASED REHABILITATION FOR DRUG ADDICTS

Family- or community-based rehabilitation for drug addicts shall comply with the following process:

I. ELABORATION OF PERSONAL PLANS:

1. Collection of information:

The working teams’ officials shall approve declarations and directly exchange ideas with the subjects in order to collect information related to the work of rehabilitation of drug addicts, including:

- Information on the drug addicts: the state of addiction (reasons, kinds of narcotics and use dosages), having detoxicated or not, health, jobs, law violations

- Information on their families: economic circumstance, occupations and relations among family members.

2. Advice on elaboration of personal rehabilitation plans:

Basing themselves on the information on the subjects and their families, the working teams’ officials shall advise the drug addicts on the selection of and decision on rehabilitation forms, and on the option to participate in rehabilitation activities organized by localities, and elaboration of appropriate treatment and rehabilitation plans.

3. Commitments to carry out plans: Personal plans shall be enclosed with the commitments for the family- or community-based rehabilitation, made between the subjects, their guardians and the commune-level administrations.

4. Reception for medical examination and compilation of medical records for the detoxicators.

II. DETOXICATION SUPPORT TREATMENT

1. Conditions for organization of the family- or community-based treatment of drug detoxication:

1.1. Regarding the subjects’ health: Detoxication treatment shall be given only to those who are in good physical conditions and not suffering respiratory, cardiovascular, hepatic, renal and/or other serious illnesses.

1.2. Regarding health workers’ professional qualifications: Only health workers who have been trained in drug detoxication support treatment and granted certificates thereof by the Health Ministry or the provincial/municipal Health Services can conduct family- or community-based drug detoxication support treatment.

1.3. Regarding equipment:

- At detoxication treatment places, there must be emergency medical cabinets or first-aid kits with full list of emergency medicines and tools as prescribed by the Health Ministry.

- Detoxication treatment rooms must be airy and isolated from the outside environment to avoid narcotic infiltration.

2. A number of basic principles in detoxication support treatment:

2.1. Treatment shall be given only when there appear signs of detoxication syndromes.

2.2. Detoxication syndrome treatment shall be combined with treatment of other coordinated diseases.

2.3. Importance shall be attached to water compensation, electrostriction and nutrients suitable to each subject.

2.4. Solutions to prevent and avoid narcotic infiltration and other unsafe acts of subjects shall be simultaneously taken.

3. Steps of detoxication support treatment:

3.1. Preparation: Treatment officials shall re-check material bases, equipment and medicines used in detoxication support and emergency medicines; inspect detoxication rooms and subjects’ belongings for narcotic infiltration prevention; and encourage subjects to feel at ease during the treatment.

3.2. Compilation of dossiers and medical records: Dossiers and medical records of drug detoxication support treatment shall be made under the set forms, filled in and preserved according to the Health Ministry’s regulations on dossier and medical record regime.

3.3. Treatment of symptoms of detoxication syndromes and coordinated diseases: Depending on the extent of manifestation of detoxication syndromes and the physical strength as well as habitus of each person, the treatment officials shall select suitable methods, medicines and dosages. Methods and types of medicines used for family- or community-based detoxication support treatment must be on the Health Ministry’s list of detoxication methods and medicines. Duration for detoxication support treatment shall range between 7 and 15 days, depending on each person.

III. POST-DETOXICATION TREATMENT OF BIOLOGICAL DISTURBANCES AND PERSONALITY REHABILITATION FOR DRUG ADDICTS

1. Treatment of biological disturbances:

Depending on the nature and extent of biological disturbances (insomnia, anorexia, diarrhea

2. Education for rehabilitation of acts and personalities for drug addicts:

2.1. Application of collective education therapeutics: To engage drug addicts in activities of local social organizations; organize the study of law, life style, ideal and examples of good people and good deeds; organize physical training and sport, entertainment as well as cultural- and art-exchange activities..., thereby to help the drug addicts be clearly aware of their erroneous acts, consolidate their confidence and strive to become honest people.

2.2. Application of group psychological therapeutics: To organize drug addicts in such group activities as the "Friends help one another" group, the "Let’s be progressive together" group, clubs< p="">

The above-said activities must be organized weekly or periodically.

2.3. Personal psychological therapeutics: To advise each person to help drug addicts settle psychological crises, ailment worry, family sentiment relations, social relations, life< p="">

2.4. Therapeutic labor: To organize productive-labor (in families or public-utility labor) for drug addicts with jobs suitable to their capacity and health.

IV. TRAINING AND CREATING JOBS FOR DRUG ADDICTS

1. Job training:

To advise drug addicts to select and decide on learning of jobs suitable to their health, skills and capacity as well as actual demands of localities. To organize, help and create conditions for drug addicts to learn jobs at job-training centers, production establishments or in families with traditional crafts in the localities.

2. Job creation:

2.1. To advise drug addicts and their families on the selection of production development plans, and at the same time to provide capital support and loans to them for implementation organization.

2.2. To organize production establishments and service-trading places in communes and wards to attract the drug addicts to work therein.

2.3. To organize drug addicts in goods-processing enterprises and/or production establishments.

2.4. To mobilize enterprises and production establishments based in the localities to receive drug addicts to work therein.

V. MANAGEMENT AND SUPERVISION OF THE DRUG ADDICTS IN THE FAMILY- OR COMMUNITY-BASED REHABILITATION PROCESS

1. In the family- or community-based rehabilitation process, the drug addicts must be closely managed and supervised. Monthly, the drug addicts must send written reports on their training process to the working teams. The drug addicts’ families should frequently educate, help and encourage them, highly appreciating the results obtained by their children in the process of training and productive labor as well as their daily life.

2. For the post-detoxication treatment drug addicts (then detoxication syndromes have disappeared), books for monitoring changes in their acts and psychology shall be opened. The working teams’ officials, who are assigned to manage and help the post-detoxication treatment drug addicts, must devise plans and take measures to supervise, monitor, educate and help the drug addicts; monthly, to receive the drug addicts’ reports, consult their families, population groups’ heads and inhabitants in population quarters,... on comments and evaluation of the observance of rehabilitation commitments by the drug addicts.

3. Every 6, 9 or 12 months, to organize meetings of population groups where the drug addicts reside to review and evaluate the implementation of rehabilitation plans by the drug addicts, and consider and request the granting of certificates of having given drug addiction..