Specifically, regarding the division of authority in the Law on Drug Prevention and Control, Decree No. 184/2025/ND-CP stipulates: The authority of the Chairman of the People's Committee at the district level prescribed in Points a and d, Clause 6, Article 30 of the Law on Drug Prevention and Control is transferred to the Chairman of the Provincial People's Committee. Thus, the Chairman of the Provincial People's Committee will assign tasks to public service units under its authority in the area to provide voluntary drug addiction treatment services at home and in the community; and arrange funding to support voluntary drug addiction treatment at home and in the community.
In addition, the authority of the Chairman of the District People's Committee as prescribed in Points b, c and d, Clause 6, Clause 8, Article 30 of the Law on Drug Prevention and Control is transferred to the Director of the Provincial Police. Thus, the Director of the Provincial Police will: Receive registrations and announce the list of organizations and individuals qualified to provide voluntary drug addiction treatment services at home and in the community; notify the Commune People's Committee of the list of organizations and individuals providing voluntary drug addiction treatment services at home and in the community; direct, guide and inspect voluntary drug addiction treatment work at home and in the community.
Organizations and individuals who meet the requirements can register to provide voluntary drug addiction treatment services at home and in the community with the Director of Provincial Public Security.
Determining authority in ensuring security and order, and treating diseases at drug rehabilitation facilities
Decree No. 184/2025/ND-CP also amends and supplements a number of articles of Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government detailing a number of articles of the Law on Drug Prevention and Control, the Law on Handling of Administrative Violations on Drug Addiction Treatment and Post-Drug Addiction Management.
Regarding ensuring security and order, disease prevention and control, and treatment at rehabilitation facilities, Decree No. 184/2025/ND-CP transfers the authority of district-level agencies to commune-level agencies. Specifically, when complicated issues arise regarding security and order, disease prevention and control, and treatment at rehabilitation facilities, rehabilitation facilities shall request the commune-level health agency and the commune-level police agency where the rehabilitation facility is located to coordinate in resolving the issue.
In case of necessity or beyond the capacity of the commune-level agencies, the drug rehabilitation facility shall report to the provincial police; the provincial police shall be responsible for requesting the Department of Health to send someone to coordinate the resolution. In case the requested agency does not send someone to assist, it must respond in writing and state the reason.
Change in authority to grant operating licenses for voluntary drug rehabilitation facilities
According to the provisions of Decree No. 116/2021/ND-CP, the Director of the Department of Labor, War Invalids and Social Affairs shall grant, re-grant, and revoke operating licenses for voluntary drug rehabilitation facilities within the management area.
Decree No. 184/2025/ND-CP transfers the above authority to the Director of Provincial Public Security for implementation.
Accordingly, the voluntary drug rehabilitation facility shall send directly, by post or electronically 01 set of documents as prescribed to the provincial police. In case of sending documents electronically, the drug rehabilitation facility shall be responsible for keeping all original copies of the documents and shall be legally responsible for the accuracy and truthfulness of the documents.
Within 15 working days from the date of receipt of a complete and valid dossier, the Director of the Provincial Police Department where the rehabilitation facility is located shall be responsible for organizing the appraisal of the dossier, operating conditions and deciding to grant a license to operate a drug rehabilitation facility. In case of refusal to grant a license, a written response must be given stating the reasons.
Clearly define the responsibilities of the Ministries in drug addiction treatment work
Decree No. 184/2025/ND-CP also amends regulations on the responsibilities of state agencies in organizing and implementing drug addiction treatment.
Specifically, the Ministry of Public Security: a) Issues under its authority or submits to competent state agencies for issuance legal documents on drug addiction treatment and post-treatment management. Directs local police to organize drug addiction treatment at home and in the community; drug addiction treatment at voluntary drug addiction treatment facilities; measures for compulsory admission to drug addiction treatment facilities;
b) Regularly urge, inspect and supervise the implementation of drug addiction treatment at home and in the community; drug addiction treatment at voluntary drug addiction treatment facilities; measures to send people to compulsory drug addiction treatment facilities, ensuring compliance with legal regulations;
c) Establishing, dissolving and organizing the operation of public drug rehabilitation facilities; guiding the establishment, dissolution and organization of the operation of private drug rehabilitation facilities; promulgating standards for the construction of drug rehabilitation facilities; guiding the organization of voluntary drug rehabilitation at home and in the community, drug rehabilitation at drug rehabilitation facilities and post-rehabilitation management;
d) Coordinate with the Supreme People's Court, the Ministry of Health, the Ministry of Finance, the Ministry of Education and Training and other relevant ministries, branches, provincial People's Committees, agencies and organizations to carry out drug addiction treatment and post-treatment management;
d) Building a database on drug addiction treatment and post-treatment management (management of drug addicts, post-treatment drug addicts, network of compulsory drug addiction treatment facilities, voluntary drug addiction treatment facilities, voluntary drug addiction treatment service providers); deploying information technology applications in drug addiction treatment and post-treatment management;
e) Implement the regime of statistics, information, and reporting on drug addiction treatment and post-treatment management according to the provisions of law;
g) International cooperation in the field of drug addiction treatment and post-treatment management according to the provisions of law.
Ministry of Health: a) Direct and guide local health agencies to coordinate in receiving, classifying; organizing treatment, withdrawal, detoxification, treatment of mental disorders, treatment of other diseases in implementing voluntary drug addiction treatment measures at home and in the community;
b) Research on drugs and methods for drug addiction treatment;
c) Coordinate with the Ministry of Public Security to provide guidance on disease prevention and control, medical examination and treatment, and periodic health check-ups for people subject to compulsory drug rehabilitation measures.
Ministry of Education and Training: a) Coordinate with the Ministry of Public Security to guide the organization of teaching and learning at compulsory drug rehabilitation facilities;
b) Direct the Department of Education and Training to guide, inspect the quality of learning, organize exams and grant diplomas, certificates or graduation certificates corresponding to the study program for drug addicts; implement policies on tuition exemption and reduction, and support for study costs for people after drug addiction rehabilitation.
Ministry of Finance: a) Coordinate with the Ministry of Public Security to synthesize and submit to competent authorities to arrange public funding from the central budget to implement the work of applying measures to send people to compulsory drug rehabilitation facilities, voluntary drug rehabilitation work and post-rehabilitation management according to the provisions of the State Budget Law and current guiding documents;
b) Issue documents regulating and guiding the management and use of public funds from the state budget to implement the regime of applying compulsory drug rehabilitation measures, voluntary drug rehabilitation work at home, in the community, at drug rehabilitation facilities, and post-rehabilitation management.
Ministry of Ethnic Minorities and Religions: Directs specialized agencies on religious beliefs at all levels to preside over and coordinate with specialized agencies on drug addiction treatment and relevant agencies at the same level to guide and inspect religious organizations and individuals participating in drug addiction treatment activities according to the provisions of law.
Thanh Quang
Source: https://baochinhphu.vn/phan-dinh-tham-quyen-lien-quan-den-phong-chong-ma-tuy-khi-to-chuc-chinh-quyen-dia-phuong-2-cap-102250707155526964.htm
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