CIRCULAR

MANAGEMENT AND USE OF PROFESSIONAL FUNDING FROM STATE BUDGET SERVING IMPLEMENTATION OF ADMISSION TO COMPULSORY REHABILITATION CENTERS, FAMILY-BASED AND COMMUNITY-BASED VOLUNTARY REHABILITATION, VOLUNTARY REHABILITATION AT REHABILITATION CENTERS, AND POST-REHABILITATION MANAGEMENT

Pursuant to the Law on Imposing Penalties for Administrative Violations dated June 20, 2012; Law on amendment to the Law on Imposing Penalties for Administrative Violations dated November 13, 2020;

Pursuant to Law on Prevention and Control of Narcotic Substances dated March 30, 2021;

Pursuant to Law on State Budget dated June 25, 2015;

Pursuant to Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government elaborating to the Law on Prevention and Control of Narcotic Substances and the Law Imposing Administrative Penalties for Violations relating to narcotic rehabilitation and post-rehabilitation management (hereinafter referred to as “Decree No. 116/2021/ND-CP”);

Pursuant to Decree No. 163/2016/ND-CP dated December 21, 2016 of Government elaborating the Law on State Budget;

Pursuant to Decree No. 87/2017/ND-CP dated July 26, 2017 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Finance;

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The Minister of Finance promulgates the Circular prescribing management and use of professional funding from state budget serving implementation of admission to compulsory rehabilitation centers, family-based and community-based voluntary rehabilitation, voluntary rehabilitation at rehabilitation centers, and post-rehabilitation management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular prescribes management and use of professional funding from state budget serving implementation of admission to compulsory rehabilitation centers, family-based and community-based voluntary rehabilitation, voluntary rehabilitation at rehabilitation centers, and post-rehabilitation management.

2. This Circular does not deal with:

a) Grants that are made purpose or to address of domestic or foreign organizations and individuals or grants where sponsors or competent representatives thereof have entered into agreement with the Ministry of Finance.

If the sponsors or competent representatives thereof and the Ministry of Finance have not agreed on contents and amount, comply with this Circular;

b) Expenditure covering common operations, investment, renovation, upgrade of facilities, equipment, instruments, combat gears, uniforms of compulsory rehabilitation centers (hereinafter referred to as “CRC”) and public providers of family-based and community-based voluntary rehabilitation service shall conform to Clause 2 Article 34, Clause 1 Article 75, and Clause 3 Article 76 of Decree No. 116/2021/ND-CP.

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d) Policies supporting capital for job creation made from the National employment fund shall conform to Clause 3 and Clause 4 Article 80 of Decree No. 116/2021/ND-CP; Decree No. 61/2015/ND-CP dated July 9, 2015 of the Government; Decree No. 74/2019/ND-CP dated September 23, 2019 of the Government and Decree No. 78/2002/ND-CP dated October 4, 2002.

Article 2. Regulated entities

1. Drug addicts admitted to CRCs, drug addicts waiting for paperwork for admission to CRC in accordance with the Law on Imposing Administrative Penalties.

2. Drug addicts under family-based, community-based voluntary rehabilitation and voluntary rehabilitation in rehabilitation centers.

3. Persons under post-rehabilitation management at residence.

4. Agencies, organizations, and individuals relating to management and use of professional funding from state budget serving implementation of admission to CRCs, family-based and community-based voluntary rehabilitation, voluntary rehabilitation at rehabilitation centers (hereinafter referred to as “center-based rehabilitation”), and post-rehabilitation management.

Article 3. Implementation expenditure

1. Expenditure on implementing admission to CRCs; assisting family-based, community-based, and center-based voluntary rehabilitation; managing post-rehabilitation and implementing policies for public employees and employees of CRCs under Articles 4, 5, 6, 8, 9, and 10 hereof shall be allocated in annual recurrent expenditure estimates of agencies and entities assigned to take charge the tasks in accordance with the Law on State Budget, except for cases under Clause 2 and Clause 3 of this Article.

2. Expenditure on implementing regulations and policies applicable to persons under voluntary rehabilitation at rehabilitation centers under Article 7 hereof shall be covered by local government budget and allocated under annual recurrent expenditure estimates in accordance with the Law on State Budget under Clause 4 Article 39 of Decree No. 116/2021/ND-CP. Expenditure assisting voluntary rehabilitation at non-public rehabilitation centers shall be allocated in recurrent expenditure estimates of Departments of Labor - War Invalids and Social Affairs, covered by local government budget, and implemented in accordance with Clause 2 Article 11 hereof.

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Chapter II

DETAILS AND AMOUNT OF EXPENDITURE ON ADMISSION TO COMPULSORY REHABILITATION CENTERS

Article 4. Expenditure on procedures for implementation of admitting to compulsory rehabilitation centers.

1. Expenditure on producing request for implementing admission to CRCs:

a) Expenditure on stationer, communication, post fees, printing of documents and forms for the purpose of documentation and archive: The amount incurred shall depend on each time the payment arises based on estimates approved by a competent body, contracts, invoices, proof of expenditures that are legitimate and compliant with bidding laws;

b) Expenditure on identifying narcotic addiction: The amount incurred shall conform to health service price decided by a competent body in case of public facilities eligible for identifying narcotic addiction;

c) Expenditure on business allowance for public officials assigned to verify residence, hand over offenders, verify, collect documents to produce written request or collect additional documents: The amount incurred shall conform to Circular No. 40/2017/TT-BTC dated April 28, 2017 of the Ministry of Finance.

2. Expenditure on meal allowance, accommodations, and medical assistance for drug addicts during the period in which:

a) They reside at CRCs while waiting for procedures for admission to CRCs: Details and amount of expenditure shall conform to Clauses 1, 2, 3, 7, and 8 Article 5 hereof.

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- With respect to medical assistance: Expenditure details and amount shall conform to Clause 2 and Clause 3 Article 5 hereof.

- Meal allowance, accommodations, and daily allowance shall be similar to those applicable to individuals held under centers for social protection beneficiaries.

3. Paying for transport or renting vehicles transporting drug addicts while waiting for procedures for admission to CRCs, centers for social protection beneficiaries; transporting drug addicts subject to decisions issued by People’s Courts of districts on admission to CRCs; transporting persons not subject to admission to CRCs from social organizations, social establishments, multi-purpose facilities to social protection facilities (if any); referring persons whose drug addiction is to be identified for the purpose of drug addiction identification:

- Expenditure amount shall conform to prices of public transport applicable in the area.

- When transporting using vehicles of agencies and entities, expenditure amount shall equal 0,2 liter of gasoline/km based on distance between administrative divisions and gasoline price at the time of transport. In case of renting other vehicles, expenditure amount shall equal vehicle rental price under agreement based on local price at the time of renting. Heads of agencies and entities are responsible for preparing vehicles and hiring external vehicles while keeping the costs to the minimum.

4. Expenditure on searching for drug addicts who, while producing request for admission to CRCs, have evaded temporary custody in residence, CRCs, or centers for social protection beneficiaries in accordance with Clause 4 Article 18 of Decree No. 116/2021/ND-CP:

a) Allowance for persons assigned to search for evaded drug addicts:

- Business allowance: Detail and amount shall conform to Circular No. 40/2017/TT-BTC.

- In addition to business allowance, upon arresting previously evaded suspects and transferring to admitting facilities, persons participating in the search will receive 100.000 VND/person/day for the duration of the search;

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b) Allowance for drug addicts while being transported to CRCs or centers for social protection beneficiaries from the date in which they are found:

- Meal allowance: 70.000 VND/person/day;

- Rent (if any): according to Circular No. 40/2017/TT-BTC.

- Payment for transport or rent for transport to return drug addicts: according to Clause 3 Article 4 hereof.

Article 5. Expenditure on policies for rehabilitating individuals waiting for transfer to CRCs (hereinafter referred to as “persons under compulsory rehabilitation”) while rehabilitating at CRCs.

1. Expenditure on meal allowance, blankets, mosquito nets, clothing, and personal belongings of persons under compulsory rehabilitation and sanitary pads (in case of female persons under compulsory rehabilitation): Expenditure details and amount shall conform to Article 65 of Decree No. 116/2021/ND-CP.

2. Expenditure on rehabilitation:

a) Expenditure on screening, assessment of addiction level, technical services for medical test as per doctor’s indication and professional guidelines of Ministry of Health to determine rehabilitation regimen: Expenditure amount shall conform to applicable medical examination and treatment service fees promulgated by competent bodies in case of public medical examination and treatment establishments. With respect to expenditure on identification of narcotic addition, conform to Point b Clause 4 Article 8 hereof;

b) Expenditure on anti-craving medications (except for cases where drug addicts have received craving relief treatment at social organizations, social establishments, and multi-function facilities), detoxification, treatment for psychological disorder, and treatment for other opportunistic illnesses (if any) in accordance with professional guidelines of Ministry of Health.

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- With respect to other expenses, expenditure amount shall conform to the amount incurred and legitimate invoices. The establishments shall produce estimates based on annual situations and request a competent body to approve.

3. Expenditure on medical examination and treatment:

a) Expenditure on periodic medical examination every 6 months according to Clause 1 Article 67 of Decree No. 116/2021/ND-CP and professional guidance of the Ministry of Health: Expenditure amount shall conform to current medical examination and treatment costs promulgated by competent bodies applicable to public medical examination and treatment establishments;

b) Expenditure on medicine for regular illnesses and medicine for HIV/AIDS, infectious diseases, and epidemic for ill persons under compulsory rehabilitation receiving treatment at CRCs: Expenditure amount shall conform to actual costs and legitimate invoices. The establishments shall produce estimates based on annual situations and request a competent body to approve;

c) Treatment costs for persons under compulsory rehabilitation who are ill beyond treatment capacity of the CRCs and hospitalized: Conform to Point a and Point b Clause 3 Article 67 of Decree No. 116/2021/ND-CP;

d) Expenditure on transporting persons caring for persons under compulsory rehabilitation who are ill beyond treatment capacity of CRCs and hospitalized:

- Expenditure on transport for persons under rehabilitation and employees of CRCs assigned to manage said persons under rehabilitation according to Clause 4 Article 67 of Decree No. 116/2021/ND-CP: Expenditure amount shall conform to Clause 3 Article 4 hereof;

- Benefits for employees of CRCs assigned to manage persons under rehabilitation according to Clause 4 Article 67 of Decree No. 116/2021/ND-CP: Business allowance according to Circular No. 40/2017/TT-BTC, night shifts and overtime shall conform to current regulations on salaries for night shifts and overtime applicable to public officials, officials, and public employees;

dd) If persons under compulsory rehabilitation sustain injuries due to occupational accidents, natural disasters, or fire, CRCs must organize treatment (if within their capacity) and adopt procedures for allowance as per the law.

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a) Salaries for persons providing formal education (including teachers in payroll of public education institutions and persons outside payroll of public education institutions with sufficient teaching standards and capacity): Salaries shall conform to employment contracts based on region-based minimum wage and proportionally to salaries of teachers in payroll with the same education level, tenure, teaching in the same level according to applicable regulations of the government on salaries for public officials, officials, public employees, and armed forces;

b) Expenditure on studying essentials: Expenditure details and amount shall conform to Clause 6 Article 2 of Joint Circular No. 109/2009/TTLT/BTC-BGDDT dated May 29, 2009 of the Ministry of Finance, Ministry of Education and Training;

c) Expenditure on studying materials, textbooks, teaching aids, and other necessary expenses (if any) for the purpose of teaching and studying: Expenditure amount shall conform to actual amount incurred on the basis of estimates approved by a competent body, contracts, invoices, legitimate proof of expenditures, and regulations and law on bidding.

5. Expenditure on popularizing the law via topics of community health, law, moral, tradition, character education, and other topics that fit number and education level of persons under compulsory rehabilitation: Expenditure details and amount shall conform to Joint Circular No. 14/2014/TTLT-BTC-BTP dated January 27, 2014 of the Ministry of Finance and Ministry of Justice.

6. Expenditure on short-term vocational education and training:

a) Persons under compulsory rehabilitation who do not have suitable occupation and wish to take a basic vocational education and training course that lasts less than 3 months shall receive a lump-sum amount for tuition fee. Based on level and capacity of persons under compulsory rehabilitation, facilities of the centers and practical situations, heads of CRCs shall choose suitable forms of vocational education and training. Specific amount varies by persons under rehabilitation, vocation, training duration, and methods of training without exceed value under Clause 1 Article 7 of Circular No. 152/2016/TT-BTC dated October 17, 2016 of the Ministry of Finance; persons who are admitted to CRCs for the second time and onwards and have taken vocational education and training courses are not eligible for tuition support;

b) Training mode

- The case where CRCs organize training by themselves, they shall receive financial support to cover: Opening ceremony, closing ceremony, diploma issue; purchase of documents, textbooks, learning materials; salaries for theory and practice instructors; purchase of ingredients, fuel, and materials for the purpose of training; revision and compilation of programs, textbooks (if any); electricity and water for classrooms; repair of training assets and equipment; rent of training equipment (if any); classroom management which does not exceed 5% of total expenditure on training course;

- When providing vocational education and training via cooperation model between CRCs and vocational education and training facilities: CRCs shall incur payment as per training contracts.

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8. Expenditure on cultural activities, art performances, sports, books, newspapers, television viewing, and other recreational activities outside of minimum studying and working time: 100.000 VND/person under compulsory rehabilitation/year.

If support exceeds amount under this Clause, based on balance of local government budget, People’s Councils of provinces shall consider and decide on specific amount.

9. Expenditure on labor, occupational therapy:

Comply with Article 68 of Decree No.116/2021/ND-CP. Heads of agencies and entities shall decide on criteria and salaries based on work results of persons under compulsory rehabilitation.

10. Expenditure on burial of persons under compulsory rehabilitation who die while rehabilitating at CRCs and have no relatives or are not collected by relatives within 24 hours from the time of death: Support for burial shall conform to Clause 2 Article 61 of Decree No. 116/2021/ND-CP.

11. Expenditure on returning persons completing compulsory rehabilitation from CRCs to residence:

a) Persons completing compulsory rehabilitation and returning to residence are eligible for meal allowance, travel allowance, and a casual outfit (if they do not have one) in accordance with Clause 4 Article 62 of Decree No. 116/2021/ND-CP; to be specific:

- Meal allowance: 70.000 VND/person/day during travel days for no more than 3 days;

- Travel allowance: depending on common public transport prices;

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Depending on balance of local government budget, People’s Committees of provinces shall request People’s Councils of the same levels to consider and decide on maximum support to allow CRCs to purchase and supply persons completing compulsory rehabilitation with outfit; provide meal allowance and travel allowance higher than those prescribed under this Point;

b) Business allowance for persons escorting persons who are at 12 years of age to less than 18 years of age, completing compulsory rehabilitation, and not collected by family members back to their residence or to People’s Committees of communes where they reside in accordance with Clause 4 Article 62 of Decree No. 116/2021/ND-CP: Expenditure details and amount shall conform to Circular No. 40/2017/TT-BTC.

12. Expenditure on searching for persons evading compulsory rehabilitation (including: persons evading admission to CRCs according to Article 56 of Decree No. 116/2021/ND-CP; persons taking bereavement leave and failing to return to CRCs at the end of the bereavement leave according to Article 70 of Decree No. 116/2021/ND-CP): Expenditure details and amount shall conform to Clause 4 Article 4 hereof.

13. Other expenditure according to decisions of directors of CRCs on the basis of estimates approved by a competent body, contracts, invoices, legitimate proof of expenditures, and regulations on bidding, including:

a) Hiring experts to counsel persons under compulsory rehabilitation for the purpose of cognitive restructuring, soft skills, community reintegration, details pertaining to relapse prevention, and prevention of HIV and other infectious diseases (if any);

b) Purchasing, printing documents, covering stationery for the purpose of counseling, raising awareness, cognitive restructuring, relapse prevention, prevention of HIV infection and other infectious diseases;

c) Expenditure on environmental hygiene and epidemic control.

14. If any expense outside the scope regulated by documents of the Government, Prime Minister, or Ministry of Finance arises, People’s Committees of provinces shall request People’s Councils of provinces to consider and decide depending on balance of local government budget in accordance with Clause 3 Article 21 of Decree No. 163/2016/ND-CP dated December 21, 2016 of the Government.

Chapter III

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Article 6. Expenditure on family-based and community-based voluntary rehabilitation

1. Expenditure on producing and approving application for family-based, community-based voluntary rehabilitation:

a) Expenditure on counseling, guiding production of application for family-based, community-based voluntary rehabilitation: 30.000 VND/application;

b) Expenditure on holding meeting to appraise application for family-based, community-based voluntary rehabilitation:

- For meeting participants: 50.000 VND/person/meeting;

- Drinking water for meeting participants: Conform to Circular No. 40/2017/TT-BTC;

c) Expenditure on administration purposes (stationery, printing documents, purchasing records and equipment for the purposes of monitoring, inventorying, producing lists, and managing persons under rehabilitation): Conform to actual amount that arises based on estimates approved by a competent body, contracts, invoices, legitimate proof of expenditures, and regulations and law on bidding.

2. Monthly salaries for persons assigned to provide psychology advice, carry out social tasks, manage, and assist persons under family-based and community-based voluntary rehabilitation according to assignment of Chairpersons of People’s Committees of communes: Based on balance of local government budget, People’s Committees of provinces shall request People’s Councils of provinces to decide on monthly salaries for persons assigned to provide psychology advice, carry out social tasks, manage, and assist persons under family-based and community-based voluntary rehabilitation without exceeding 0,6 times the applicable statutory pay rate according to Point a Clause 4 Article 34 of Decree No. 116/2021/ND-CP.

3. A lump-sum support of rehabilitation costs for persons under family-based, community-based voluntary rehabilitation when at least 3 stages according to Articles 22 through 24 of Decree No. 116/2021/ND-CP have been completed: Minimum amount shall equal the applicable statutory pay rate. Based on balance of local government budget, People’s Committees of provinces shall request People’s Councils of provinces to decide on support higher than the applicable statutory pay rate.

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1. Expenditure on anti-craving medications, detoxification, and treatment of mental disorders for persons under voluntary rehabilitation at public rehabilitation centers in accordance with Clause 1 Article 39 of Decree No. 116/2021/ND-CP and professional guidelines of the Ministry of Health: Depending on applicable medical examination and treatment service costs decided by a competent body with respect to public medical examination and treatment establishments.

2. Expenditure on 95% of the costs for rehabilitation and medicine for regular diseases in accordance with Clause 2 Article 39 of Decree No. 116/2021/ND-CP, including:

a) Expenditure on rehabilitation: Conform to Clause 2 Article 5 hereof.

b) Expenditure on medicine for regular diseases: Conform to Point b Clause 3 Article 5 hereof.

3. Expenditure on meal allowance, clothing, blanket, mosquito net, personal belongings, and sanitary pad (for women) for persons under voluntary rehabilitation at public rehabilitation centers: Based on balance of local government and expected number of people in voluntary rehabilitation in public rehabilitation centers in the provinces, People’s Committees of provinces shall request People's Councils of provinces to decide on specific amount which must equal to or higher than 70% of support provided for drug addicts met with admission to CRCs of the provinces.

4. Based on balance of local government budget and expected number of persons under voluntary rehabilitation at public rehabilitation centers, People’s Committees of provinces shall request People’s Councils of provinces to decide on:

a) Support amount higher and scope broader than those under Clause 1 and Clause 2 of this Article;

b) Accommodation allowance for drug addicts under voluntary rehabilitation at voluntary rehabilitation centers.

Chapter IV

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Article 8. Expenditure on post-rehabilitation management at residence

1. Expenditure on producing dossiers on post-rehabilitation management at residence: 30.000 VND/dossier.

2. Expenditure on supporting post-rehabilitation management at residence: expenditure on stationery, communication, post charges, printing of documents and forms for the purpose of documentation: Conform to invoices, legitimate proof of expenditure without exceeding estimates approved by a competent body.

3. Expenditure on supporting persons assigned to provide psychological counseling, carry out social affairs, manage, and assist persons under post-rehabilitation management by Chairpersons of People's Committees of communes: Conform to Clause 2 Article 6 hereof.

4. Expenditure on periodic or irregular drug test for rehabilitated drug abusers in accordance with regulations and law on prevention and control of narcotics and professional guidelines of Ministry of Health:

a) Expenditure on system drug test shall conform to legitimate invoices, proof of expenditures, and estimates approved by a competent body;

b) Expenditure on identification of drug addiction shall conform to medical service prices decided by a competent body in regard to public centers eligible for identifying narcotic addiction without exceeding estimates approved by a competent body.

Article 9. Expenditure on vocational education and training for rehabilitated drug abusers.

Expenditure on vocational education and training for rehabilitated drug abusers who do not have suitable occupations and wish to take vocational education and training shall conform to Clause 2 and Clause 3 Article 80 of Decree No. 116/2021/ND-CP and Article 7 of Circular No. 152/2016/TT-BTC.

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BENEFITS FOR PUBLIC EMPLOYEES AND EMPLOYEES OF COMPULSORY REHABILITATION CENBERS

Article 10. Expenditure on specialized allowance and preferential job allowance for public employees, employees of CRCs.

1. Public employees and employees of CRCs are eligible for specialized allowance and preferential job allowance in accordance with Decree No. 26/2016/ND-CP dated April 6, 2016 of the Government.

2. Persons assigned to work and assist in CRCs for at least 6 months by police or health authorities are also eligible for benefits under Clause 1 of this Article.

Chapter VI

PRODUCING, ADHERING TO ESTIMATES, AND FINALIZING EXPENDITURES

Article 11. Producing, adhering to estimates, and finalizing expenditures.

1. The production, adherence to estimates and finalization of professional funding from the state budget for the purpose of admission to CRCs; family-based, community-based voluntary rehabilitation, voluntary rehabilitation at rehabilitation centers, and post-rehabilitation management under this Circular shall conform to regulations and law on state budget, accounting, and relevant law provisions.

2. This Circular provides specific guidelines for producing, adhering to estimates, and finalizing expenditure on implementation of policies and regulations for persons under voluntary rehabilitation at non-public rehabilitation centers as follows:

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b) Departments of Labor - War Invalids and Social Affairs shall cover expenditure of non-public rehabilitation centers on the following basis:

- Schedules containing list and expenditure relating to rehabilitating drug addicts at non-public rehabilitation centers (together with signatures or fingerprints of beneficiaries) for the purpose of financial support. Departments of Labor - War Invalids and Social Affairs shall keep these documents as the basis for finalization;

- Invoices and proof of expenditures pertaining to organization of rehabilitation. Non-public rehabilitation centers shall keep invoices and proof of expenditures as per applicable laws;

c) Departments of Labor - War Invalids and Social Affairs shall consolidate expenditure on supporting non-public rehabilitation centers as per the law.

Chapter VII

IMPLEMENTATION

Article 12. Entry into force.

1. This Circular comes into force from November 19, 2022.

2. Joint Circular No. 121/2010/TTLT-BTC-BLDTBXH dated August 12, 2010 of the Ministry of Finance, Ministry of Labor - War Invalids and Social Affairs; Joint Circular No. 148/2014/TTLT-BTC-BLDTBXH dated October 8, 2014 of the Ministry of Finance, Ministry of Labor - War Invalids and Social Affairs; Circular No. 117/2017/TT-BTC dated November 6, 2017 of the Ministry of Finance, and Circular No. 124/2018/TT-BTC dated December 20, 2018 of the Ministry of Finance expire from the effective date hereof.

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PP. MINISTER
DEPUTY MINISTER




Vo Thanh Hung