Application Dossier for the Application of Administrative Measures for Mandatory Rehabilitation Facility Admission

Circular 05/2018/TT-BCA on regulations regarding the collection of documents and the preparation of dossiers for requesting the application of administrative handling measures to mandatory rehabilitation facilities was issued on February 7, 2018. So, what exactly do the dossiers for requesting the application of administrative handling measures to mandatory rehabilitation facilities include according to this Circular?

According to the provisions of Article 5 of Circular 05/2018/TT-BCA, the application dossier for applying the administrative handling measure of sending to a compulsory drug rehabilitation center is prescribed as follows:

* For drug addicts with stable residence, the dossier includes:

- Summary of the personal background of the person proposed to apply the administrative handling measure of sending to a compulsory drug rehabilitation center with confirmation from the head of the police authority where the dossier is made;

If there are grounds to believe that the violator intentionally hides their personal background, the authority making the dossier will make a list and chart of the violator accompanied by the Summary of the personal background.

- Written statement of the person proposed to apply the administrative handling measure of sending to a compulsory drug rehabilitation center or their legal representative;- Minutes of administrative violation for the act of illegal drug use according to the form No. 01 issued together with Decree No. 97/2017/ND-CP or a test sheet with a positive result for drugs at the time of making the dossier;- A copy of the Certificate of completion of the Decision on education at commune-level such as wards, communes, commune-level towns for those who have completed the decision to apply the educational measure at commune-level due to drug addiction as specified in Clause 1 Article 1 of Decree No. 136/2016/ND-CP or a copy of the Decision to terminate the execution of the Decision on education at commune-level for cases specified in Clause 2 Article 3 of Decree No. 221/2013/ND-CP.

* For drug addicts without stable residence, the dossier includes:

- Summary of the personal background of the person proposed to apply the administrative handling measure of sending to a compulsory drug rehabilitation center with confirmation from the head of the police authority where the dossier is made;

If there are grounds to believe that the violator intentionally hides their personal background, the authority making the dossier will make a list and chart of the violator accompanied by the Summary of the personal background.

- Written statement of the person proposed to apply the administrative handling measure of sending to a compulsory drug rehabilitation center or their legal representative;- Minutes of administrative violation for the act of illegal drug use according to the form No. 01 issued together with Decree No. 97/2017/ND-CP or a test sheet with a positive result for drugs at the time of making the dossier;- Reply slip of the result from the competent authority specified in Clause 1 Article 10 of Decree No. 221/2013/ND-CP on the current addiction status of the person proposed to apply the administrative handling measure of sending to a compulsory drug rehabilitation center;- Documents identifying that the drug addict has no stable residence.

For more related contents, refer to: Circular 05/2018/TT-BCA, effective on March 26, 2018.

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