Chương 4 Luật Phòng, chống ma túy 2000: Cai nghiện ma túy

Chapter IV

DRUG DETOXICATION

Article 25.- The State shall adopt the policy of encouraging the voluntary drug detoxication; apply the detoxication regime to drug addicts; organize compulsory detoxication establishments and encourage individuals, families, agencies and organizations to apply form of family-based or community-based detoxication; encourage domestic and foreign organizations and individuals to support drug detoxication activities.

Article 26.-

1. Drug addicts have the responsibility to:

a) Declare by themselves the state of their drug addiction to the agencies or organizations where they have worked or the administrations of the localities where they have resided and register by themselves for forms of detoxication;

b) Strictly abide by the regulations on drug detoxication.

2. Drug addicts’ families have the responsibility to:

a) Report to the local administrations on the drug addicts in their own families and the addiction state of such persons;

b) Assist the drug addicts to apply the family-based detoxication under the guidance and supervision of medical workers and local administration;

c) Monitor, supervise, prevent or stay the addicts from illegally using narcotic substances or committing acts of disturbing social order and safety;

d) Help the competent bodies to send drug addicts to detoxication establishments and contribute funds for detoxication under the provisions of law.

Article 27.- Forms of family- or community-based detoxication shall apply to all drug addicts. The local agencies and organizations shall have to support, inspect and supervise the family- and community-based detoxication activities.

The Government shall specify the organization of family- and community- based detoxication.

Article 28.-

1. Drug addicts aged full 18 years or older, who have been placed under the family- or community- based detoxication or educated time and again in communes, wards, district towns, but kept on addicting or had no fixed residence places, must be put into compulsory detoxication establishments.

2. The sending of drug addicts into compulsory detoxication establishments shall be effected by decisions of the presidents of the People’s Committees of rural districts, urban districts, provincial towns and cities. The time limit for detoxication at compulsory detoxication establishments shall range from one to two years.

3. Those drug addicts who voluntarily file their applications for detoxication shall be admitted for detoxication at compulsory detoxication establish-ments and not be considered having been handled for administrative violations.

4. The organization and operation of compulsory detoxication establishments, the compulsory detoxication regime and the procedures to consign drug addicts defined in Clause 1 of this Article to compulsory detoxication establishments shall comply with the law provisions on handling of administrative violations.

Article 29.-

1. Drug addicts aged between full 12 and under 18 years, who have been detoxicated in families or communities or educated time and again in communes, wards or district towns but kept addicting or had no fixed residence places, shall be sent to compulsory detoxication establishments reserved for them.

2. Drug addicts aged between full 12 and under 18 years, who apply either voluntarily on their own or under their families’ applications for detoxication shall be admitted into compulsory detoxication establishments reserved for them.

3. The detoxication for drug addicts defined in Clauses 1 and 2 of this Article shall not be considered the handling of administrative violations.

4. The organization and operation of compulsory detoxication establishments, the competence, duration and regime of detoxication, the procedures for consigning drug addicts prescribed in Clauses 1 and 2 of this Article into compulsory detoxication establishments shall be stipulated by the Government.

Article 30.- During the compulsory detoxication period, the drug addicts have the responsibility to:

1. Abide by the internal regulations and be subject to the management and education by the compulsory detoxication establishments;

2. Labor, study and have medical treatment for detoxication and contribute to ensuring the life during the detoxication period.

Article 31.- The State applies appropriate detoxication methods for drug addicts being detainees, convicts, inmates of education establishments, pupils of reformatory schools. Agencies managing these establishments shall closely coordinate with the local medical bodies in implementing this regulation.

Article 32.-

1. In the detoxication establishments, the following drug addicts must be arranged in areas isolated from other drug addicts for management and medical treatment:

a) Juveniles;

b) Women;

c) Persons affected with dangerous contagious diseases;

d) Persons detoxicated for many times or committing acts of disturbing order.

2. The detoxication establishments have the responsibility to strictly comply with the detoxication methods already approved by competent bodies; organize labor, study and medical treatment for drug detoxicators.

3. Heads of the detoxication establishments may decide the application of coercive measures prescribed by law to strictly manage, educate and medically treat the drug detoxicators and request the local administration and people’s armed forces to assist when necessary.

The local administrations and the people’s armed forces have the responsibility to coordinate with one another in the implementation of measures to protect the detoxication establishments and support officials and employees in these establishments when so requested.

4. The detoxication establishments must respect the honor, dignity, lives, health and property of drug detoxicators.

Article 33.- People who have given up their drug addiction shall be received and given conditions by local administrations, families and organizations for job learning, job seeking, capital borrowing and participation in social activities so as to integrate themselves into the community.

The concerned individuals, families, agencies and organizations have the responsibility to support the local administrations in managing, educating, supervising and combating relapse into addiction for drug detoxicators.

Article 34.- The People’s Committees of all levels in localities with drug addicts shall have to work out plans on organization of drug detoxication, prevention of and combat against relapse into drug addiction in the localities; direct the labor- war invalid and social affairs offices to assume the prime responsibility and coordinate with police offices, health bodies, educational and training institutions of the same level and relevant bodies as well as organizations in organizing drug detoxication, management and education of drug addicts and drug detoxicators; support and create conditions for drug detoxicators to integrate themselves into the community.

Article 35.-

1. Fund for building material foundations, organizing compulsory detoxication and carrying out the activities prescribed in Articles 31 and 34 of this Law shall include:

a) State budget;

b) Contributions from drug detoxicators and their families;

c) Financial support from domestic and foreign organizations and individuals.

2. Drug addicts, their spouses, parents of juvenile drug addicts shall have to contribute detoxication fund under the regulations of the Government; those who meet with financial difficulties shall be considered for reduction or exemption of fund contributed to detoxication.

3. Drug detoxication establishments may receive contributions, financial supports of domestic individuals, families, agencies and organizations as well as foreign organizations and individuals to organize detoxication for drug addicts and have to manage and use such contributions and supports according to the provisions of law.