Nghị định 64/2011/ND-CP

DECREE

STIPULATING THE EXECUTION OF THE MEASURE OF COMPULSORY MEDICAL TREATMENT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the. Government;

Pursuant to the 1999 Penal Code and the 2009 Law Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to the 2003 Criminal Procedure Code;

Pursuant to the 2010 Law on Execution of Criminal Judgments;

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates in detail the execution of the measure of compulsory medical treatment provided in the Penal Code, the Criminal Procedure Code and the Law on Execution of Criminal Judgments.

Article 2. Subjects of application

This Decree applies to agencies and organizations competent and responsible for the execution of the measure of compulsory medical treatment, persons subject to this measure (referred to as persons subject to compulsory medical treatment) and other agencies, organizations and individuals involved in the execution of this measure under the Penal Code, the Criminal Procedure Code and the Law on Execution of Criminal Judgments.

Article 3. Principles of execution of the measure of compulsory, medical treatment

1. Compliance with the Penal Code, the Criminal Procedure Code, the Law on Execution of Criminal Judgments and relevant laws: guarantee of the interests of the State and the rights and legitimate interests of organizations and individuals.

2. Combination between management and treatment, care for and rehabilitation of the health of persons subject to compulsory medical treatment.

3. Assurance of respect for the rights and legitimate interests of persons subject to compulsory medical treatment and prevention of them from committing acts dangerous to the society.

Article 4. Funds for execution of the measure of compulsory medical treatment

1. Funds for the execution of the measure of compulsory medical treatment come from the state budget, including funds for construction of physical foundations, procurement of equipment and facilities to serve medical treatment and management of persons subject to compulsory medical treatment: compilation of dossiers, medical assessment, sending of persons to compulsory mental disease treatment establishments, search and pursuit for persons absconding during compulsory medical treatment; food, clothes, lodging, care and medical treatment for persons subject to compulsory medical treatment, and settlement of cases of death of persons during compulsory medical treatment.

2. Compulsory mental disease treatment establishments may receive financial and material assistance from organizations and individuals to support the management, treatment, care for and functional rehabilitation of persons subject to compulsory medical treatment in accordance with law.

3. Funding levels for each specific activity shall be guided by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.

Chapter II

REQUEST FOR APPLICATION OF THE MEASURE OF COMPULSORY MEDICAL TREATMENT

Article 5. Request for application of the measure of compulsory medical treatment at the stage of investigation

At the stage of investigation, if suspecting that a person having committed an act dangerous to the society has no penal liability capacity defined in Article 13 of the Penal Code, the investigative agency currently handling the case shall invite mental medical assessment. If the Council for Menial Medical Assessment concludes that such person suffers a mental disease or another disease that deprives him/ her of the perception or act control capacity, the investigative agency currently handling the case shall send a request for application of the measure of compulsory medical treatment together with the assessment conclusion to the same-level procuracy.

Article 6. Request for application of the measure of compulsory medical treatment at the stage of judgment execution

1. If suspecting that a convict who is serving his/her sentence in a prison or detention camp suffers a mental disease or another disease that deprives him/her of the perception or act control capacity, the prison or detention camp superintendent may request the provincial-le\ el people's court or military zone-level military court of the locality in which the prison or detention camp is located to invite mental medical assessment of such person and decide on the application of the measure of compulsory medical treatment.

2. If suspecting that a convict who is serving his/her sentence in a custody house suffers a mental disease or another disease that deprives him/her of the perception or act control capacity, the criminal judgment execution agency of the district-level public security office shall report it to the criminal judgment execution agency of the provincial-level Public Security Department to propose the provincial-level people's court to invite mental medical assessment of such person and decide on the application of the measure of compulsory medical treatment.

Article 7. Invitation of mental medical assessment

The order and procedures for inviting menial medical assessment comply with the Criminal Procedure Code, the Ordinance on Judicial Assessment and guiding documents.

Chapter III

EXECUTION OF THE MEASURE OF COMPULSORY MEDICAL TREATMENT

Article 8. Sending of persons to compulsory mental disease treatment establishments

1. At the stage of investigation, prosecution or trial, the investigative agency that has handled or is handling the case shall organize in coordination with the criminal judgment execution and judicial assistance police force, the judicial police force or the detention camp or custody house (in case the person subject to compulsory medical treatment is currently held in a detention camp or custody house) the sending of the person subject to compulsory medical treatment to the compulsory mental disease treatment establishment stated in the decision on application of the measure of compulsory medical treatment.

2. At the state of judgment execution, if the person subject to compulsory medical treatment is serving his/her sentence in a prison or detention camp, the prison or detention camp shall organize the sending of such person to the compulsory mental disease treatment establishment stated in the decision on application of the measure of compulsory medical treatment. If the person is serving his/ her sentence in a custody house, the criminal judgment execution agency of the district-level public security office of the locality in which the custody house is located shall organize the sending of such person to the compulsory mental disease treatment establishment slated in the decision on application of the measure of compulsory medical treatment.

3. The compulsory mental disease treatment establishment designated by the procuracy or court shall receive the person subject to compulsory medical treatment and his/her file, and make a record of his/her receipt. The agency responsible for sending the person to the compulsory mental disease treatment establishment shall immediately notify his/her relatives thereof. If such person has no relatives or his/her relatives are unidentifiable, it shall notify the sending to the administration of the locality in which such person has registered for permanent or temporary residence.

Article 9. Regime of management and treatment of persons subject to compulsory-medical treatment

1. From the time of receiving a person subject to compulsory medical treatment, the compulsory mental disease treatment establishment shall manage and give medical treatment to such person like other mental patients without discrimination.

2. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in. guiding the consideration, recruitment and training of security staffs for establishments in charge of compulsory mental disease treatment.

Article 10. Settlement of cases of persons absconding during compulsory medical treatment

When a person absconds during compulsory medical treatment, the compulsory mental disease treatment establishment shall make a record thereof and immediately notify it to the agency that has issued the decision on application of the measure, the agency that has requested the application of the measure and the absconding persons family for coordinated search and pursuit; and at the same time promptly take search and pursuit measures as applicable to other mental patients and notify the provincial-level Public Security Department of the locality in which it is located, for coordinated search and pursuit.

Article 11. Settlement of cases of death of persons during compulsory medical treatment

1. When a person dies during compulsory medical treatment, the head of the compulsory mental disease treatment establishment shall promptly notify it to the investigative agency and the procuracy of the province or centrally run city in which the establishment is located for taking measures as required by law to identify causes of the death: and at the same time notify it to the deceased's relatives and the agency that has requested the application of the measure and the procuracy or court that has decided on the application of the measure: and carry out death declaration procedures at the local administration. In case the deceased person is a foreigner, the establishment shall notify it to the criminal judgment execution management agency of the Ministry of Public Security or the Ministry of National Defense, and the Ministry of Foreign Affairs for notification to the representative mission of the country of which the deceased is a citizen.

2. After getting the approval of the investigative agency and the procuracy of the province or centrally run city in which the compulsory mental disease treatment establishment is located, the establishment shall hold a burial under general regulations. After the burial, it shall send a notice thereof to the procuracy or court that has decided on the application of the measure of compulsory medical treatment.

3. In case the relatives of the deceased person ask for receipt of his/her corpse for burial and commit to paying expenses and strictly observing the laws on security, order and environmental sanitation, the compulsory mental disease treatment establishment shall hand over the deceased’s corpse to his/her relatives and make a record thereof.

Article 12. Termination of execution of the measure of compulsory medical treatment

1. When a person subject to compulsory medical treatment is fully recovered, the head of the compulsory mental disease treatment establishment shall notify it to the agency that has requested the application of the measure for requesting the Council for Mental Medical Assessment to examine the health conditions of such person.

2. Based on the conclusion of the Council for Mental Medical Assessment on the full recovery of the person subject to compulsory medical treatment, the agency that has requested the application of the measure shall request the procuracy or the court that has issued the decision to apply the measure to issue a decision to terminate the execution of this measure. After receiving such decision, the agency that has requested the application of the measure shall immediately notify it to the compulsory mental disease treatment establishment and relatives of the person subject to compulsory medical treatment.

3. After receiving the court's decision to terminate the execution of the measure of compulsory medical treatment, the agency that has requested the application of the measure shall come to receive the person subject to compulsory medical treatment. In case the procuracy issues such decision, upon receiving such decision, the relatives of the person subject to compulsory medical treatment shall come to receive him/her. A record of the hand-over and receipt shall be made, clearly stating the period of medical treatment at the compulsory mental disease treatment establishment. After 15 days from the dale the compulsory mental disease treatment establishment receives a decision to terminate the execution of the measure of compulsory medical treatment, if the responsible agency or relatives of the person subject to compulsory medical treatment fail to come to receive such person who has fully recovered and give no reply, the establishment shall carry out normal procedures for discharging him/her.

If the agency responsible for receiving a person as mentioned above fails to come to receive such person or comes to receive such person after the above lime limit, its head shall take responsibility therefor before law.

4. If the person subject to compulsory medical treatment has completely served his/her penalty and fully recovered, the compulsory mental disease treatment establishment shall carry out procedures for discharging him/her like other normal patients.

Article 13. Settlement after termination of the execution of the measure of compulsory medical treatment

After a decision to terminate the execution of the measure of compulsory medical treatment is issued, the resumption of procedures already suspended, application of a deterrent measure to or continued serving of penalties by persons in favor of whom the measure of compulsory medical treatment is terminated shall be decided by the investigative agency, procuracy or court in accordance with relevant laws.

Article 14. Compulsory mental disease treatment establishments implementing the measure of compulsory medical treatment

1. The Central Mental Medical Assessment Institute and Central Mental Disease Hospital No. 1 (Thuong Tin, Hanoi) shall receive, manage and treat persons subject to compulsory medical treatment from provinces and centrally cities in the northern region: Da Nang Mental Disease Hospital (Da Nang city) shall receive, manage and treat persons subject to compulsory medical treatment from provinces and centrally cities in the central region and the Central Highlands; and the Southern Mental Medical Assessment Sub-Institute and Central Mental Disease Hospital No. 2 (Bien Hoa. Dong Nai) shall receive, manage and treat persons subject to compulsory medical treatment from provinces and centrally cities in the southern region.

2. The number of patient beds at compulsory mental disease treatment establishments mentioned in Clause 1 of this Article shall be prescribed by the Ministry of Health.

Article 15. Effect

This Decree takes effect on September 15, 2011.

Article 16. Implementation responsibilities

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and related agencies, organizations and individuals shall implement this Decree.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in. examining, guiding and urging the implementation of this Decree.-