Decree 105/2021/ND-CP detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control

DECREE

Detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the March 30, 2021 Law on Drug Prevention and Control;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details and guides the implementation of a number of articles of the Law on Drug Prevention and Control regarding coordination among specialized agencies in charge of drug-related crime prevention and fighting; control of drug-related lawful activities; and management of illegal drug users provided in Clause 5, Article 11; Clause 2, Article 13; Clause 2, Article 14; Article 16; Clause 3, Article 17; Articles 18 and 19; and Clause 6, Article 23, of March 30, 2021 Law No. 73/2021/QH14 on Drug Prevention and Control.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the coordination in drug-related crime prevention and fighting; control of drug-related lawful activities; and management of illegal drug users.

Article 3. Principles of implementation

1. The coordination among specialized agencies in charge of drug-related crime prevention and fighting; control of drug-related lawful activities; and management of illegal drug users must comply with the Law on Drug Prevention and Control, this Decree, and relevant legal documents.

2. The coordination among specialized agencies in charge of drug-related crime prevention and fighting must adhere to the following principles:

a/ Specialized agencies in charge of drug-related crime prevention and fighting shall, based on the functions, tasks and powers of ministries, sectors and localities, carry out coordination activities ensuring solidarity, cooperation and mutual support;

b/ A single agency shall take main responsibility for each region or area in preventing and fighting drug-related crimes; other agencies shall, within the ambit of their functions and tasks, coordinate with responsible agencies;

c/ The exchange of crime-related information and implementation of professional measures must ensure promptness, accuracy and compliance with regulations on protection of state secrets;

d/ Specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces shall act as the core force in coordination among specialized agencies in preventing and fighting drug-related crimes nationwide.

3. The control of drug-related lawful activities must adhere to the following principles:

a/ Drug-related lawful activities specified in Clause 1, Article 12 of the Law on Drug Prevention and Control shall be strictly controlled in each sector, field and locality and to the final product;

b/ Competent state management agencies shall, within the ambit of their functions, tasks and powers, manage activities in specialized fields and coordinate with one another in controlling drug-related lawful activities.

4. The management of illegal drug users must adhere to the following principles:

a/ Illegal drug users shall be managed in a public and objective manner in accordance with law;

b/ The management of illegal drug users must ensure respect for and guarantee of lawful rights and interests of illegal drug users and their families;

c/ Families, agencies, organizations and communities where illegal drug users reside, work or study shall participate in managing the latter;

d/ Information and documents on illegal drug users shall be updated regularly and accurately;

dd/ Functional agencies shall, within the ambit of their functions, competence and responsibilities, closely coordinate with one another in managing illegal drug users according to the order, procedures and time limit for settlement of matters;

e/ It is prohibited to take advantage of the management of illegal drug users to infringe upon lawful rights and interests of citizens.

Article 4. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Production of narcotic substances means activities to create narcotic substances from narcotic plants, precursors, chemicals or other narcotic substances in any form or by any mode or method. Such production does not cover the cultivation of narcotic plants.

2. Production of precursors means activities to create precursors through chemical reactions.

3. Professional training in drug-related crime prevention and fighting means activities of professional training and further training for persons engaged in drug prevention and control work; training of professional animals; and other activities in terms of modes, methods and signs for identification of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors.

4. Tracing of origin of narcotics means application of bio-chemical, physio-chemical and physical measures to determine the status and nature of materials, written languages, images and logos on packages, containers and labels with a view to identifying the place of production, origin of materials, and methods and modes of preparation and production of narcotic substances to serve drug-related crime prevention and fighting work.

Chapter II

COORDINATION AMONG SPECIALIZED AGENCIES IN CHARGE OF DRUG-RELATED CRIME PREVENTION AND FIGHTING

Article 5. Specialized agencies in charge of drug-related crime prevention and fighting

1. Specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces include the Police Department for Drug-related Crime Investigation of the Ministry of Public Security; Police Divisions for Drug-related Crime Investigation of provincial-level Departments of Public Security; and Police Squads for Drug-related Crime Investigation (or Squads with the function of drug-related crime investigation) of district-level Police Offices.

2. Specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard force include the Department for Drug and Crime Prevention and Fighting; and the Special Task Mission for Drug and Crime Prevention and Fighting of the Border Guard High Command under the Ministry of National Defense; Divisions for Drug and Crime Prevention and Fighting (Departments for Drug and Crime Prevention and Fighting), and Special Task Squads for Drug and Crime Prevention and Fighting of High Commands of provincial-level Border Guards; Drug and Crime Prevention and Fighting Squads of Border Guard Stations (Border-Guard Commanding Committees of Port Border Gates); and Border-Guard Naval Battalions.

3. Specialized agencies in charge of drug-related crime prevention and fighting of the Coast Guard force include the Department of Operational and Legal Affairs and Special Task Missions for Drug-related Crime Prevention and Fighting of the Coast Guard High Command under the Ministry of National Defense; and Drug-related Crime Prevention and Fighting Divisions of Coast Guard Regions.

4. Specialized agencies in charge of drug-related crime prevention and fighting of the Customs force include the Anti-Smuggling Department of the General Department of Vietnam Customs under the Ministry of Finance; Anti-Drug Control Squads (or Customs Control Squads) under provincial-level or inter-provincial Customs Departments; and Drug Control Groups under border-gate Customs Branches.

Article 6. Coordination in providing counseling and instructions

1. Specialized agencies in charge of drug-related crime prevention and fighting shall coordinate with one another in studying, reporting, and advising competent authorities on guidelines and measures to enhance coordination in drug-related crime prevention and fighting work.

2. Specialized agencies in charge of drug-related crime prevention and fighting shall propose amendments or supplementations to mechanisms, policies and laws in response to new issues arising in drug-related crime prevention and fighting work according to their competence or report such issues to competent authorities for the latter to revise or issue mechanisms, policies and laws to meet requirements of the state management of drug prevention and control.

3. Specialized agencies in charge of drug-related crime prevention and fighting shall coordinate with one another in performing, and organizing the performance of, tasks in the fields under their respective management.

Article 7. Coordination in public communication and mobilization of the people

Specialized agencies in charge of drug-related crime prevention and fighting shall exchange opinions and reach agreement with one another in order to advise Party Committees and administrations at all levels on organizing public communication for improving awareness of the people about the law on drug prevention and control, modes and tricks of drug-related crimes, and consequences and harms of drugs; compile documents and formulate and implement plans on public communication and mobilization of the people to actively participate in preventing, detecting, reporting and fighting drug-related crimes and evils.

Article 8. Coordination in information exchange

1. Information and documents for exchange among specialized agencies in charge of drug-related crime prevention and fighting include those on:

a/ Situation of drug-related crimes in the world; drug-related policies and laws of countries in the world; information on drug-related crimes relating to Vietnam that is exchanged by countries in the world and international organizations; situation of drug-related crimes in border areas, at border gates and on the sea;

b/ Results of drug-related crime prevention and fighting of each agency; results of processing of reports and denunciations on drug-related crimes in border areas; forecasts about trend and situation of drug-related crimes; operating modes, tricks and rules of offenders; organizations, rings, gangs, lines and areas involved in drug crimes; and drug-related wanted persons;

c/ Working processes and regulations, experience in and measures for overcoming difficulties and addressing problems in drug-related crime prevention and fighting work of specialized agencies;

d/ Scientific and technological advances applicable to drug-related crime prevention and fighting work;

dd/ New types of drugs and new legal documents in drug-related crime prevention and fighting work;

e/ Other information and documents upon request.

2. Specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security, Border Guard, Coast Guard and Customs forces shall promptly notify and share information and documents on activities of drug-related crimes in regions and geographical areas managed by other forces for coordinated settlement.

Article 9. Coordination in implementation of professional measures

1. Specialized agencies in charge of drug-related crime prevention and fighting shall coordinate with one another in organizing forces and means and applying professional measures to prevent and fight drug-related crimes; and exchanging professional operations to investigate and settle cases and matters upon request.

2. Specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces shall coordinate with same-level specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces in implementing professional measures in regions and geographical areas under their respective management, specifically as follows:

a/ In geographical areas with drug-related complicated situation, specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces shall proactively coordinate with specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces in formulating plans on implementation of professional measures for addressing such situation;

b/ When specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces request coordination in implementing reconnaissance operations in border areas, at border gates or on the sea, specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces shall coordinate with the former in exchanging information and supporting the implementation of such operations;

c/ When specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces implement professional measures on drug-related crime prevention and fighting in border areas, at border gates or on the sea in the inland, specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces shall coordinate with the former in exchanging information and supporting the implementation of such measures.

Article 10. Coordination in fighting crimes in difficult cases and investigation and settlement of specific cases and matters

1. Specialized agencies in charge of drug-related crime prevention and fighting shall coordinate with one another in initiating and carrying out investigation in difficult cases as follows:

a/ For drug-related difficult cases initiated for investigation by specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces that involve subjects related to geographical areas in the inland, specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces shall coordinate with the former, respond to the former’s requests, and receive relevant files and material evidence in order to investigate and settle such cases in accordance with law;

b/ For drug-related difficult cases initiated for investigation by specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces that involve subjects related to border areas, border gates or on the sea, specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces shall coordinate with the former and respond to the former’s requests;

c/ For complicated drug-related difficult cases that involve subjects related to different localities or transnational crimes, agencies shall coordinate with one another in establishing a joint committee for crime investigation. The specialized agency in charge of drug-related crime prevention and fighting of a force that detects the difficult case shall, together with the specialized agency in charge of drug-related crime prevention and fighting of the People’s Public Security force, assume the prime responsibility for, while other agencies shall participate in, investigating the case; the agency immediately superior to the unit initiating the difficult case has the competence to approve establishment of the joint committee for the difficult case; the steering committee for the difficult case, which is immediately superior to the committee for the difficult case, shall be formed with its head being a representative of the People’s Public Security force, and members being representatives of the Border Guard, Coast Guard and Customs forces;

d/ In case a specialized agency in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard or Customs force in the geographical area or region under its management that has information and documents as grounds for initiating a difficult case shall assume the prime responsibility for, and coordinate with another specialized agency in charge of drug-related crime prevention and fighting in, initiating the difficult case for investigation.

2. Specialized agencies shall coordinate with one another in investigating drug-related crimes and handling drug-related violations in accordance with law.

a/ In case specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces request drug-related crime investigation to be carried out in border areas, border gates or on the sea, specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces shall coordinate with and assist the former in task performance;

b/ Specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces shall assist, and create favorable conditions for, specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces after receiving the latter’s requests for coordination in investigation and handling of crimes and violations in the inland;

When receiving requests of specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Coast Guard and Customs forces for pursuit of suspects or search for means or material evidence related to drug-related crimes or violations from border areas, border gates or on the sea into the inland, specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security forces shall immediately organize forces for coordinated arrest and pursuit of suspects. After arresting suspects or finding means or material evidence, the latter shall promptly notify and hand over files, suspects, material evidence and means to the former for further investigation in accordance with law;

c/ After finishing investigation and handling of cases and matters, the agencies shall notify coordination results and reach agreement on holding review meetings to draw experience.

3. When necessary, specialized agencies in charge of drug-related crime prevention and fighting shall propose formation of an interdisciplinary working group with the participation of officers of other specialized agencies in charge of drug-related crime prevention and fighting. The working group shall automatically dissolve after accomplishing its tasks.

Article 11. Other contents of coordination

1. Specialized agencies in charge of drug-related crime prevention and fighting shall, within the ambit of their functions, tasks and powers, coordinate with and assist one another in providing professional training on drug-related crime prevention and fighting; and coordinate with one another in, or propose competent authorities to consider, commending organizations and individuals that have recorded outstanding achievements in drug-related crime prevention and fighting coordination.

2. Specialized agencies in charge of drug-related crime prevention and fighting shall coordinate with one another in carrying out international cooperation in drug-related crime prevention and fighting.

Article 12. Forms of coordination

1. Exchanging and providing information and documents on contents of coordination among specialized agencies in charge of drug-related crime prevention and fighting in the forms of in-person working meetings, virtual meetings or sending documents, etc.

2. Implementing plans on public communication and mobilization of the people to participate in drug prevention and fighting.

3. Performing interdisciplinary patrol and control; formulating and implementing professional plans, and initiating difficult cases for coordination in fighting drug-related crimes in key geographical areas.

4. Holding regular briefings, conferences, seminars and talks on issues related to contents of coordination among agencies.

5. Organizing professional training and further training courses on drug-related crime prevention and fighting.

6. Making regular or unscheduled reports; organizing briefings and meetings to review coordination activities in accordance with this Decree.

Article 13. Briefing, reporting and statistical regimes

1. Briefing regime

a/ Specialized agencies in charge of drug-related crime prevention and fighting shall organize regular briefings as follows:

At the central level: These agencies shall organize a briefing once every year on a rotational basis.

At the provincial level: These agencies shall organize a briefing once every 6 months on a rotational basis.

b/ After a regular briefing, the participating units shall report results of the briefing to their immediate superiors for monitoring and direction and, at the same time, notify such results to their subordinates for compliance;

c/ In emergency cases or complicated circumstances, specialized agencies in charge of drug-related crime prevention and fighting shall inform one another thereof in appropriate forms such as organizing unscheduled meetings, informing via communications means, or via regular-watch or commanding-watch systems.

2. Reporting and statistical regimes

Every year and every 6 months, specialized agencies in charge of drug-related crime prevention and fighting shall report on situation and results and make statistics of their coordination activities to their immediate superiors. For difficult cases or cases and matters of drug-related violations that involve coordination among different agencies in settlement, the responsible unit shall make initial statistics and notify them to the coordinating units.

Central-level specialized agencies in charge of drug-related crime prevention and fighting shall sum up and send general reports to the Ministry of Public Security for summarization and reporting to the Prime Minister.

The time of sending reports and cutting off data for statistical reports must comply with the Government’s regulations on reporting regime applicable to state administrative agencies.

Chapter III

CONTROL OF DRUG-RELATED LAWFUL ACTIVITIES

Section 1

CONTROL OF RESEARCH, ASSESSMENT, PRODUCTION AND TRANSPORTATION OF NARCOTIC SUBSTANCES, PRECURSORS AND VETERINARY DRUGS CONTAINING NARCOTIC SUBSTANCES OR PRECURSORS

Article 14. Agencies competent to permit research, assessment, production and transportation of narcotic substances, precursors and activities related to veterinary drugs containing narcotic substances or precursors

1. The Ministry of Public Security may permit agencies and organizations to carry out the following activities:

a/ Researching narcotic substances and precursors on the Government-issued List of narcotic substances and precursors;

b/ Producing narcotic substances and precursors on the Government-issued List of narcotic substances and precursors (except precursors subject to management and permission by the Ministry of Industry and Trade or the Ministry of Health);

c/ Transporting narcotic substances on the Government-issued List of narcotic substances.

2. The Ministry of Agriculture and Rural Development may permit agencies, organizations and individuals to research, test, inspect, produce, transport, preserve, store, trade, distribute, use, dispose of and exchange veterinary drugs containing narcotic substances or precursors.

3. Provincial-level Departments of Industry and Trade may permit agencies, organizations and individuals to produce precursors on the Government-issued List of precursors and current legal documents on management of chemicals (for precursors subject to management by the Ministry of Industry and Trade).

4. The Ministry of Public Security and Ministry of Agriculture and Rural Development shall, within the ambit of their tasks and powers, may assign functional agencies to receive and appraise dossiers, and decide to permit the research, production and transportation of narcotic substances and precursors and activities related to veterinary drugs containing narcotic substances or precursors in accordance with Section 1, Chapter III of this Decree (below referred to as licensing agencies).

5. The Ministry of Public Security shall, within the ambit of its functions, tasks and powers of state management of forensic science assessment, follow the order and procedures for assessment of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors in accordance with the Law on Judicial Assessment, the Criminal Procedure Code, relevant legal documents, and Section 3, Chapter III of this Decree.

Article 15. Control of research of narcotic substances and precursors

1. Order and procedures for permitting research of narcotic substances and precursors

a/ Science and technology institutions established in accordance with the Law on Science and Technology (below referred to as research bodies) that wish to research narcotic substances and precursors specified at Point a, Clause 1, Article 14 of this Decree shall prepare a dossier of application for permit specified in Clause 2 of this Article and hand-deliver it or send it by post to the Ministry of Public Security or send an e-dossier via the Ministry of Public Security’s online public service system on the Vietnam National Single Window;

b/ Within 5 working days after receiving a complete dossier under regulations, the licensing agency shall appraise the dossier and notify its permission in writing.

Within 3 working days after receiving a dossier, if requesting modification or supplementation of documents in the dossier, the licensing agency shall issue a notice of modification or supplementation of documents, clearly stating documents and contents that need to be modified or supplemented and time limit for completion. The receipt and processing of dossiers shall be carried out within 3 working days after receiving a completely modified or supplemented dossier.

In case the time limit for filing requests for modification or supplementation of documents in a dossier has expired or there is an inconsistency between information in the requests and supporting papers in the dossier, the licensing agency shall not process the dossier.

2. A dossier of application for permit for research of narcotic substances and precursors must comprise:

a/ A research body’s application for a permit for research of narcotic substances and precursors, which must clearly state its name and address; list and role of persons participating in the research; purpose of the research; name and address of the supplier of narcotic substances and precursors, and names, CAS numbers, HS numbers, quantity, and content of narcotic substances and precursors requested for research; research period; period, itinerary and vehicles for transportation of narcotic substances and precursors from the place of supply to the place of preservation and research;

b/ A copy of the scientific and technological activity registration certificate of the research body;

c/ A copy of the research plan approved by a competent authority;

d/ Papers proving legality of substances requested for research; plans and safety measures and preservation conditions for narcotic substances and precursors requested for research; plans and measures for disposing of residual narcotic substances and precursors during the research.

3. Contents of permits for research of narcotic substances and precursors

A permit for research of narcotic substances and precursors must clearly state the name and address of the research body; names, CAS numbers, HS codes, quantity, and content of narcotic substances and precursors permitted for research; permitted research period; period, itinerary and vehicles for transportation of narcotic substances and precursors (in case it is necessary to transport narcotic substances and precursors from the place of storage and preservation to the place of research);

The permit shall be sent to the research body and the provincial-level Public Security Department of the locality where the research body preserves and researches narcotic substances and precursors permitted for research.

4. Order and procedures for extending the permitted period of research of narcotic substances and precursors

a/ At least 3 days before the expiration of the permitted research period, the research body shall send to the licensing  agency a request for extending the permitted research period, which must clearly state the reason for the request and requested extension period;

b/ The licensing agency shall consider the request and notify in writing its approval or disapproval of the extension (clearly stating the reason) within 3 working days after receiving the request;

c/ The approval of extension must comply with Points a and b, Clause 3 of this Article;

d/ Extension of research period will not be permitted in case of a change in purpose of research, type, content, quantity of, and safety measures and preservation conditions for, narcotic substances and precursors; or in the plan and measure for disposal of residual narcotic substances and precursors.

5. The research of narcotic substances specified in this Article shall be closely monitored, inspected and supervised from the time the research is permitted to the time it is completed.

a/ The research body shall strictly comply with the research permit and notify the licensing  agency of the completion of research, research outcomes, and quantity of narcotic substances and precursors used; residual narcotic substances and precursors, and measures and results of disposal;

b/ The provincial-level Public Security Department of the locality where the research body preserves and researches narcotic substances may arrange forces to monitor, inspect and supervise the transportation, delivery, receipt, preservation and use of narcotic substances for conducting research in accordance with law and the research permit;

c/ In case of detecting a violation, the Public Security force shall immediately notify it to the licensing agency and coordinate with the latter in handling the violation in accordance with law.

Article 16. Control of production of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors

1. Order and procedures for licensing the production of narcotic substances or precursors

a/ When producing narcotic substances or precursors under Point b, Clause 1, Article 14 of this Decree, agencies and organizations (below collectively referred to as producers) shall send their dossiers by hand-delivery or by post to the Ministry of Public Security or send e-dossiers via the online public service system of the Ministry of Public Security on the Vietnam National Single Window;

b/ Within 30 working days after receiving a complete dossier, the licensing agency shall consider and carry out physical assessment at the production establishment and grant a certificate of eligibility for production of narcotic substances or precursors;

c/ In case of requesting dossier modification or supplementation, within 3 working days after receiving a dossier of request, the licensing agency shall issue a notice clearly stating documents and contents that need modification or supplementation;

After receiving a modified or supplemented dossier, the licensing agency shall grant a license under Point b, Clause 1 of this Article;

Past the time limit of 3 months after the licensing agency requests in writing dossier modification or supplementation, if the organization applying for a narcotic substance or precursor production license fails to complete the dossier modification or supplementation, its submitted dossier is no longer valid;

d/ Dossiers, conditions and criteria for producers and persons related to the production must comply with current legal documents on pharmacy regarding drug materials subject to special control and those on chemical management regarding chemicals subject to conditional production or trading. 

2. Order and procedures for licensing the production of veterinary drugs containing narcotic substances or precursors

a/ When producing veterinary drugs containing narcotic substances or precursors, producers shall send their dossiers by hand-delivery or by post to the Ministry of Agriculture and Rural Development or send e-dossiers via the online public service system of the Ministry of Agriculture and Rural Development on the Vietnam National Single Window;

b/ Order and procedures, dossiers, conditions and criteria for producers and persons related to the production and circulation registration of veterinary drugs containing narcotic substances or precursors must comply with the law on animal health regarding management of veterinary drugs and this Decree;

c/ An establishment that has been granted a certificate of eligibility for production of veterinary drugs in accordance with the current law on animal health and wishes to produce veterinary drugs containing narcotic substances or precursors in the same veterinary drug production line for which such certificate is granted shall send a dossier of request for production, which must comprise the producer’s request enclosed with a copy of the certificate of eligibility for production of veterinary drugs and documents proving the production process and that materials for production of veterinary drugs are addictive substances, psychotropic substances or precursors used as veterinary drugs.

Within 5 working days after receiving a complete dossier, the licensing agency shall appraise it and grant a certificate of eligibility for production for the line for production of veterinary drugs containing narcotic substances or precursors. In case conditions for production licensing are not fully satisfied, the licensing agency shall reply in writing, clearly stating the reason for its refusal to grant a certificate of eligibility for production.

3. Order and procedures for re-grant of certificates of eligibility for production of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors

a/ In case a certificate is lost, contains an error or is damaged or there is a change in information on the producer, the producer shall make 1 dossier of request or a written request for re-grant of the certificate (in case the error is made by the licensing agency) enclosed with the granted certificate. Such dossier shall be sent by hand-delivery or by post to the licensing agency or by electronic means via the online public service system of the Ministry of Public Security or the Ministry of Agriculture and Rural Development on the Vietnam National Single Window;

b/ Within 5 working days after receiving a complete dossier, the licensing agency shall appraise it and re-grant a certificate.

4. Order and procedures for modification of certificates of eligibility for production of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors

a/ In case of a change in location, scale, category or type of research or production, a producer shall make 1 dossier of request for modification of certificate, which must comprise a written request and an authenticated copy of the document proving the change. Such dossier shall be sent by hand-delivery or by post to the licensing agency or by electronic means via the online public service system of the Ministry of Public Security or the Ministry of Agriculture and Rural Development on the Vietnam National Single Window;

b/ The licensing agency shall appraise the dossier, carry out physical assessment at the production establishment, and decide on modification of the certificate according to the order and procedures for grant of a certificate.

5. The production of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors is subject to strict monitoring, inspection and supervision from the stage of production licensing to the stage of product finishing in the production process.

a/ Certificates of eligibility for production of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors and certificates of circulation of veterinary drugs containing narcotic substances or precursors shall be sent to applicants, provincial-level Public Security Departments and specialized state management agencies in localities where the production is carried out;

b/ Producers shall strictly comply with their certificates and submit to monitoring, inspection and supervision by functional agencies;

c/ Provincial-level Public Security Departments and specialized state management agencies in localities where the production is carried out shall coordinate with one another in monitoring, inspecting and supervising the production in accordance with law;

d/ In case of detecting a violation, the public security office shall immediately notify it to the licensing agency for coordination in handling it in accordance with law.

Article 17. Control of transportation of narcotic substances

1. Order and procedures for licensing transportation of narcotic substances

a/ Agencies and organizations that need to have narcotic substances transported (below collectively referred to as consignors) shall prepare a dossier of request for transportation specified in Clause 2 of this Article and send it by hand-delivery or by post to the Ministry of Public Security or  send e-dossiers via the online public service system of the Ministry of Public Security on the Vietnam National Single Window;

b/ Within 5 working days after receiving a complete dossier, the licensing agency shall appraise it and grant a transportation permit to the consignor;

c/ In case of requesting dossier modification or supplementation, within 3 working days after receiving the dossier, the licensing agency shall issue a notice of dossier modification or supplementation, clearly stating documents and contents that need to be modified or supplemented and time limit for modification or supplementation completion. The appraisal of the dossier and grant of a transportation permit shall be carried out within 5 working days after the receipt of a modified or supplemented dossier.

2. Dossier of application for a narcotic substance transportation permit

a/ An application for a narcotic substance transportation permit stating the names and addresses of the narcotic substance consignor and consignee; transportation purpose; name, CAS number and HS number, quantity and content of the narcotic substance; time, itinerary and means of transport;

b/ A copy of the transportation contract between the consignor and a lawful transporter;

c/ A copy of the license for import, export, temporary import for re-export or temporary export for re-import of the narcotic substance (in case of transportation from the storage or preservation warehouse to the border gate or vice versa for performance of customs procedures).

3. A transportation permit shall be granted for a single shipment and valid for a period stated therein, which must not exceed 6 months. The permit must clearly state names and addresses of the narcotic substance consignor and consignee; transportation purpose; name, CAS number and HS number, quantity and content of the narcotic substance; time, itinerary and means of transport. It shall be sent to the consignor, the transporter, and related customs, border guard and coast guard offices and provincial-level Public Security Departments of the localities along the transportation route stated therein.  

4. Order and procedures for extension or re-grant of narcotic substance transportation permits

a/ At least 3 days before the expiration of a narcotic substance transportation permit, the consignor shall send a written request for permit extension to the licensing agency, clearly stating the reason for extension request and requested extension period; 

b/ In case a permit is lost or there is a change in time, itinerary or means of transport, the consignor shall send a written request for permit re-grant, enclosed with the original permit, to the permit-granting agency;

c/ Within 3 working days after receiving the consignor’s request, the licensing agency shall consider and grant an extended permit or re-grant the permit for the cases specified at Points and b of this Clause.

5. Transportation of narcotic substances must comply with contents of transportation permits. Upon narcotic substance delivery and receipt, it is required to make minutes of delivery and receipt between consignors and transporters. Such a minutes must clearly state names and addresses of the narcotic substance consignor and consignee; names of the deliverer and the recipient and their personal identification papers; name, CAS number and HS number, quantity and content of the narcotic substance; time and place of delivery and receipt and undertakings on full delivery and receipt by the deliverer and the recipient;  

6. Transportation of narcotic substances under this Article shall be strictly monitored, examined and supervised from the stage of grant of transportation permits to the stage of transportation completion. 

a/ Consignors and transporters shall take responsibility for quantities and quality, and take measures to ensure safety of transported narcotic substances and to prevent any loss in the course of transportation, and submit to monitoring, inspection and supervision by competent state agencies;

b/ Provincial-level Public Security Departments, border guard units and coast guard units managing routes according to permitted itineraries shall deploy forces and vehicles to strictly monitor, examine and supervise the transportation so as to ensure it is carried out along designated routes and according to transportation permits. In case of detecting signs of violation, functional agencies shall immediately notify them to the licensing agency and coordinate with the latter in handling violations in accordance with law.

Article 18. Control of activities related to veterinary drugs containing narcotic substances or precursors

1. Control of production of veterinary drugs containing narcotic substances or precursors must comply with Clauses 2, 3 and 4, Article 16 of this Decree.

2. Establishments testing or inspecting veterinary drugs containing narcotic substances or precursors must satisfy conditions and conform to standards on animal health-related physical foundations and locations and practitioners specified by the law on animal health regarding the management of veterinary drugs and designated by the Ministry of Agriculture and Rural Development to carry out such testing or inspection activities and submit to monitoring, inspection and supervision by competent agencies.

3. Agencies, organizations and individuals engaged in research, transportation, preservation, stockpiling, trading, distribution, use, disposal and exchange of veterinary drugs containing narcotic substances or precursors shall comply with the law on animal health regarding the management of veterinary drugs and relevant provisions of this Decree, and submit to monitoring, inspection and supervision by competent agencies.

4. The Ministry of Agriculture and Rural Development shall control activities related to veterinary drugs containing narcotic substances or precursors in accordance with the law on animal health regarding the management of veterinary drugs and relevant provisions of this Decree; detect and handle according to its competence violations or forward them to competent agencies for handling in accordance with law.

Section 2

CONTROL OF IMPORT, EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TEMPORARY EXPORT FOR RE-IMPORT AND TRANSIT THROUGH VIETNAM’S TERRITORY OF NARCOTIC SUBSTANCES, PRECURSORS, ADDICTIVE DRUGS, PSYCHOTROPIC DRUGS, PRECURSOR DRUGS, DRUG MATERIALS BEING ADDICTIVE PHARMACEUTICAL INGREDIENTS, PSYCHOTROPIC PHARMACEUTICAL INGREDIENTS, PRECURSORS USED AS DRUGS, AND VETERINARY DRUGS CONTAINING NARCOTIC SUBSTANCES OR PRECURSORS

Article 19. Agencies competent to license and agencies, organizations and individuals licensed to carry out import, export, temporary import for re-export, temporary export for re-import or transit through Vietnam’s territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors

1. The Ministry of Public Security may license agencies and organizations to carry out the following activities:

a/ Importing or exporting narcotic substances and precursors on the Government-issued List of narcotic substances and precursors (excluding narcotic substances and precursors used as drug materials subject to special control and permission by the Ministry of Health and industrial precursors subject to management and permission by the Ministry of Industry and Trade);

b/ Transiting through Vietnam’s territory narcotic substances and precursors on the Government-issued List of narcotic substances and precursors; addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors.

2. The Ministry of Industry and Trade may license agencies, organizations and individuals to carry out the following activities:

a/ Importing or exporting precursors on the Government-issued List of precursors (excluding precursors subject to management and permission by the Ministry of Public Security or the Ministry of Health);

b/ Temporarily importing for re-export or temporarily exporting for re-import narcotic substances and precursors on the Government-issued lists of narcotic substances and precursors; addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors.

3. The Ministry of Agriculture and Rural Development may license agencies and organizations to carry out the following activities:

a/ Importing or exporting veterinary drugs containing narcotic substances or precursors;

b/ Importing narcotic substances and precursors used as veterinary drug materials which are narcotic substances and precursors on the Government-issued lists of narcotic substances and precursors.

4. The Ministry of Public Security, Ministry of Industry and Trade, and Ministry of Agriculture and Rural Development shall, within the ambit of their tasks and powers, assign functional agencies to receive and appraise dossiers and decide to license the activities specified in Clauses 1, 2 and 3 of this Article (below referred to as the licensing agencies).

5. Agencies, organizations and individuals engaged in the activities specified in Clauses 1, 2 and 3 of this Article are Vietnamese traders and foreign traders carrying out commercial activities in Vietnam in accordance with the Commercial Law (below collectively referred to as enterprises). 

Article 20. Control of import and export of narcotic substances, precursors and veterinary drugs containing narcotic substances or precursors

1. Order and procedures for grant of import/export licenses

a/ An enterprise engaged in the activities specified at Point a, Clause 1, and Clause 3, Article 19 of this Decree shall prepare a dossier of application for an import/export license specified in Clause 2 of this Article, then send it by hand-delivery or by post to the Ministry of Public Security or Ministry of Agriculture and Rural Development or send an e-dossier via the online public service system of the Ministry of Public Security or Ministry of Agriculture and Rural Development on the Vietnam National Single Window;

b/ Within 3 working days after receiving a complete dossier of application for a narcotic substance import license under regulations, the licensing agency shall appraise the dossier and grant an import license;

c/ Within 10 working days after receiving a complete dossier of application for a narcotic substance or precursor export license under regulations, the licensing agency shall appraise the dossier, issue a pre-export notification, and grant an export license. In case the competent authority of the country of importation does not approve the requirement on pre-export notification, the licensing agency shall refuse to grant an export license and notify in writing the enterprise of the reason for refusal;

d/ Within 5 working days after receiving a complete dossier of application for a license for import or export of veterinary drugs containing narcotic substances or precursors under regulations, the licensing agency shall appraise the dossier and grant an import/export license.

2. Dossier of application for an import/export license

a/ An enterprise’s application for an import/export license, made according to Form No. 01 provided in the Appendix to this Decree;

b/ The original import/export license of the country of importation or exportation (if any);

c/ Authenticated copies of the following papers: investment certificate, business registration certificate, enterprise registration certificate, production or trading eligibility certificate for licensed activities, import eligibility certificate, and certificate of circulation of veterinary drugs in Vietnam, except cases of import for the purpose of research or use for treatment of diseases for wild, precious and rare animals; 

d/ Copies of relevant contracts and purchase orders enclosed with their originals for collation (when required); 

dd/ Other relevant documents: certificate of analysis (CoA) of product quality issued by the producer or sheet of product or product label inspection results for veterinary drugs containing narcotic substances or precursors;

If the above documents are in foreign languages, they must be enclosed with their Vietnamese translations notarized in accordance with the Law on Notarization.

3. Import/export licenses shall be made according to Form No. 02A or No. 02B provided in the Appendix to this Decree.

a/ A license shall be granted for a single importation or exportation and valid for the validity period stated therein which must not exceed 12 months. In case the validity period stated in the license has expired but the importation or exportation has not yet been carried out, the enterprise may request the licensing agency to extend the license without restriction in the number of extensions;

b/ Licenses shall be sent to enterprises, district-level Customs Branches that have carried out customs procedures for imported or exported goods, and the Ministry of Finance (the General Department of Vietnam Customs) and Ministry of Public Security for monitoring, management and fulfillment of requirements on pre-export notification (when required);

In case the grant of licenses cannot be carried out on the Vietnam National Single Window: Within 3 working days after granting an import/export license, the licensing agency shall send it to the applying enterprise, the district-level Customs Branch that has carried out customs procedures for imported or exported goods, and the Ministry of Finance (the General Department of Vietnam Customs) and Ministry of Public Security for coordinated management and control.

In case the grant of licenses has been carried out on the Vietnam National Single Window but the Ministry of Public Security’s data center for control of drug-related lawful activities cannot be connected to the Vietnam National Single Window, the licensing agency shall, within 3 working days after granting an import/export license, notify and send it to the Ministry of Public Security for coordinated management and control;

d/ For grant, modification or re-grant of a license that is lost or missing or contains an error, an enterprise shall send an application or a written request enclosed with papers and documents proving contents that need to be modified or a report explaining the reason for loss or missing to the licensing agency. Within 5 working days, the licensing agency shall consider and modify or re-grant the license. In case of refusal to grant, modify or re-grant the license, the licensing agency shall reply in writing, clearly stating the reason.

4. Dossiers, order and procedures for grant of import/export licenses for the precursors specified at Point a, Clause 2, Article 19 of this Decree must comply with the chemical law and relevant provisions of this Decree.

5. Customs offices shall carry out customs procedures and inspect and supervise imported or exported goods in accordance with law. In case of detecting any imported or exported goods inconsistent with contents of a license, a customs office shall suspend import or export procedures, make a minutes and handle the violation according to its competence. Within 3 working days after detecting the violation, the customs office shall notify it directly via the hotline to the licensing agency and the Ministry of Public Security for coordinated management and control.

6. In case of detecting a violation of regulations on import and export control, the head of the licensing agency and head of the Customs Branch that has carried out customs procedures shall, depending on nature and severity of the violation, decide to revoke the granted import/export license, terminate or suspend the importation or exportation, and handle the violator and imported or exported goods according to their competence or transfer the violation to a competent agency for handling in accordance with law.

Article 21. Control of temporary import for re-export or temporary export for re-import of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors

1. Enterprises engaged in the activities specified at Point b, Clause 2, Article 19 of this Decree shall prepare dossiers of application for licenses in accordance with the law on foreign trade management, then send them by hand-delivery or by post to the Ministry of Industry and Trade or send e-dossiers via the online public service system of the Ministry of Industry and Trade on the Vietnam National Single Window.

2. Licensing agencies shall receive and appraise dossiers, issue a pre-export notification under Point d, Clause 2, Article 35 of this Decree, and grant licenses for temporary import for re-export or temporary export for re-import of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors in accordance with the Law on Foreign Trade Management.

3. Within 3 working days after granting a license for temporary import for re-export or temporary export for re-import, the licensing agency shall send it to the Customs Branch that has carried out customs procedures and the Ministry of Finance (the General Department of Vietnam Customs) and Ministry of Public Security for coordinated management and control.

4. Customs offices shall carry out customs procedures, inspection and supervision in accordance with the customs law. The change of designs, packages or containers of goods temporarily imported for re-import or temporarily exported for re-import must be approved by the Ministry of Industry and Trade and supervised by customs offices. In case of detecting any goods temporarily imported for re-export or temporarily exported for re-import inconsistent with contents of a license, customs offices shall suspend customs procedures, make minutes and handle violations according to their competence. Within 3 working days after detecting violations, customs offices shall notify them directly via the hotline to licensing agencies and the Ministry of Public Security for coordinated management and control.

Article 22. Control of transit through Vietnam’s territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors

1. Order and procedures for grant of permits for transit through Vietnam’s territory

a/ An enterprise engaged in the activities specified at Point b, Clause 1, Article 19 of this Decree shall prepare a dossier of application for a permit specified in Clause 2 of this Article, then send it by hand-delivery or by post to the Ministry of Public Security or send an e-dossier via the online public service system of the Ministry of Public Security on the Vietnam National Single Window;

b/ Within 5 working days after receiving a complete dossier under regulations, the licensing agency shall appraise it and grant a transit permit. In case of refusal to grant such a permit, it shall reply in writing, clearly stating the refusal.

2. Dossier of application for a transit permit

a/ An enterprise’s application for a transit permit, stating the name and address of the enterprise; transit time, location and reason; name and address of the place of production, name, CAS number and HS number, quantity, content; name, HS number and quantity of drugs and drug materials that are subject to control and need to be transited; value of goods; means of transport, itinerary and conditions for assurance of transportation safety;

b/ The original transportation contract;

c/ The original of one of the following papers: official letter of a competent authority of the country requesting transit of goods, export permit of the country having exported goods or import permit of the country having imported goods;

d/ The original transit permits of the countries through which the imported or exported goods have been transported before arriving in Vietnam (in case of transit via more than one country).

If the above documents are in foreign languages, they must be translated into Vietnamese and their Vietnamese translations must be notarized in accordance with the Law on Notarization.

3. Transit permits

a/ A transit permit must clearly state the name and address of the enterprise permitted to make a transit; name, CAS number, HS number and UN number (if any), quantities and contents of substances permitted to be transited; period and vehicles for transit transportation; names of border gates through which in-transit goods are to be transported;

b/ A transit permit is valid for a single use for the period stated therein which must not exceed 2 months. In case the validity period stated in the permit has expired but the transit has not yet been made, the enterprise shall request extension of such period. The extension shall be made only once for no more than 30 days;

c/ Transit permits shall be sent to applying enterprises, Customs Branches, provincial-level Public Security Departments, border guard and coast guard units of localities through which transited goods are transported, the Ministry of Finance (the General Department of Vietnam Customs) and Ministry of Industry and Trade for coordinated management and control;

d/ In case of necessity to modify a permit that contains an error or re-grant a permit that is lost or missing, an enterprise shall send a written request, enclosed with papers and documents proving contents that need to be modified or a report explaining the reason for loss or missing, to the licensing agency. Within 5 working days after receiving a compete dossier under regulations, the licensing agency shall consider and modify or re-grant the permit. In case of refusal to modify or re-grant the permit, the licensing agency shall reply in writing clearly stating the reason.

4. Narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors in transit through Vietnam’s territory must be stored in containers, packaged and sealed up in conformity with international standards and regulations and consistency with accompanying dossiers. In case of detecting a change in seals or status quo of goods in transit, the Customs Branch that has carried out transit procedures shall suspend customs procedures, make a minutes, handle the violation according to its competence, and promptly notify such via the hotline to the Ministry of Public Security for coordinated management and control.

5. Transits through Vietnam’s territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors must follow entry/exit itineraries through border gates stated in transit permits. Enterprises that make transits shall carry out procedures, submit to control by customs offices and competent agencies of Vietnam, and bear all expenses for transit in accordance with law;

Transited narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors may be retained in Vietnam’s territory for up to 30 days from the date of completion of customs procedures at border gates of importation, unless they are eligible for extension of the transit period or warehousing in Vietnam or suffer damage or loss or means of transport suffer damage;

Domestic consumption of transited narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors must comply with this Decree’s provisions on import and export and relevant regulations.

6. Customs offices shall carry out customs procedures, inspection and supervision for transited goods in accordance with the customs law. In case of detecting transited goods inconsistent with contents of permits, customs offices shall suspend customs procedures, make minutes and handle such goods according to their competence. Within 3 working days after detecting the violation, notify directly to the licensing agency or via the hotline to the Ministry of Public Security and Ministry of Industry and Trade for coordinated management, control and handling.

7. Provincial-level Public Security Departments, border guard and coast guard units managing routes for permitted transits shall deploy forces and means to strictly control and ensure that the transportation is carried out along routes and according to contents stated in permits. In case transported goods are in large quantities or in other cases of necessity, licensing units may request local public security forces, border guard and coast guard units to coordinate with customs offices in organizing the escort of transited goods out of Vietnam’s territory. When enterprises carry out transit procedures, if functional agencies detect signs of violation, they shall promptly notify them to customs offices for coordinated handling in accordance with law.

8. Carriage of addictive drugs, psychotropic drugs or precursor drugs by persons in transit through Vietnam’s territory for their own medical treatment is not considered transiting goods through Vietnam’s territory. Persons in transit shall declare and explain quantities of drugs they have used to Vietnamese customs offices and strictly abide by appropriate safety measures applied by customs offices to stop the use for improper purposes or illegal transportation of those drugs and, at the same time, submit to control by Vietnamese competent agencies.  

Section 3

CONTROL OF DRUG-RELATED LAWFUL ACTIVITIES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 23. Agencies competent to license and agencies and organizations licensed to carry out drug-related lawful activities for national defense and security purposes

1. The Ministry of Public Security may license agencies and organizations to carry out the following drug-related lawful activities for national defense and security purposes:

a/ Researching and transporting narcotic substances on the Government-issued lists of narcotic substances;

b/ Producing narcotic substances or precursors on the Government-issued lists of narcotic substances and precursors;

c/ Importing or exporting narcotic substances and precursors on the Government-issued lists of narcotic substances and precursors (excluding precursors subject to the permission by the Ministry of National Defense as specified in Clause 2 of this Article);

d/ Importing samples of narcotic substances specified in Clause 5 of this Article.

2. The Ministry of National Defense may license agencies and organizations to import, export, trade and use precursors on the Government-issued List of precursors (excluding precursors subject to the management and permission by the Ministry of Public Security and Ministry of Health).

3. The Ministry of Public Security and Ministry of National Defense shall, within the ambit of their tasks and powers, assign functional agencies to perform the tasks of receiving and appraising dossiers and deciding to license the activities specified in Clauses 1 and 2 of this Article (below referred to as licensing agencies).

4. Agencies and organizations carrying out the activities specified in Clauses 1 and 2 of this Article must be those designated and licensed by the Ministry of Public Security or Ministry of National Defense (below referred to as units).

5. Units licensed to import, manage and use samples of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors (below collectively referred to as samples of narcotic substances) for national defense and security purposes include:

a/ The Institute of Criminal Sciences of the  Ministry of Public Security which is the sole unit licensed to import samples of narcotic substances;

b/ Units licensed to manage and use samples of narcotic substances, including:

Functional units of the Institute of Criminal Sciences of the Ministry of Public Security; forensic science divisions of provincial-level Public Security Departments that may receive samples of narcotic substances from the Institute of Criminal Sciences of the Ministry of Public Security, manage and use them for assessment and professional training in drug-related crime prevention and fighting and tracing of drug origin;

 Specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security, Border Guard, Vietnam Coast Guard and Customs forces and establishments providing training to personnel engaged in drug-related crime prevention and fighting of the Ministry of Public Security, Ministry of National Defense and Ministry of Finance (General Department of Vietnam Customs) may receive samples of narcotic substances from the Institute of Criminal Sciences of the  Ministry of Public Security, manage and use them for professional training in drug-related crime prevention and fighting;

Units providing professional animal training for drug detection of the  Ministry of Public Security (the Mobile Police Command), Ministry of National Defense and Ministry of Finance (General Department of Vietnam Customs) may receive samples of narcotic substances from the Institute of Criminal Sciences of the  Ministry of Public Security, manage and use them for professional animal training.

Article 24. Control of research, assessment and production of narcotic substances and precursors for national defense and security purposes

1. Units engaged in the activities specified at Points a and b, Clause 1 of Article 23 of this Decree shall send dossiers of application for licenses to the licensing agency of the Ministry of Public Security.

2. Dossiers, order and procedures for granting licenses and conditions and criteria for conducting research and production of narcotic substances or precursors for national defense and security purposes must comply with Articles 15 and 16 of this Decree. When designated to carry out research of narcotic substances and precursors for national defense and security purposes, units of the People’s Public Security and People’s Army forces specified in Clause 4, Article 23 of this Decree are not required to obtain scientific and technological activity registration certificates for research bodies.

3. Units licensed to research and produce narcotic substances and precursors for national defense and security purposes shall fully comply with regulations on operation and submit to monitoring, inspection and supervision by competent agencies under this Article and relevant regulations.

4. The Institute of Criminal Sciences of the  Ministry of Public Security shall carry out the procedures for assessment of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors in accordance with the Law on Judicial Assessment, the Criminal Procedure Code, and relevant legal documents.

Article 25. Control of import, export and transportation of narcotic substances and precursors for national defense and security purposes

1. Units engaged in the activities specified at Points a and c, Clause 1, and Clause 2, of Article 23 of this Decree shall send dossiers of application for licenses to the Ministry of Public Security or Ministry of National Defense.

2. Dossiers, order and procedures for granting licenses and conditions and criteria for import, export and transportation of narcotic substances and precursors for national defense and security purposes must comply with Articles 17 and 20 of this Decree. On a case-by-case basis, the Minister of Public Security and Minister of National Defense shall decide to eliminate a number of conditions, criteria and specific documents with little or no relevance to national defense and security activities or for cases in which it is required to meet emergency national defense and security requirements.

3. Licensing agencies of the Ministry of Public Security and Ministry of National Defense are units receiving dossiers, considering and evaluating and organizing the appraisal, grant of licenses and monitoring, inspection and supervision of the import, export and transportation of narcotic substances and precursors for national defense and security purposes by licensed units under regulations.

4. Units licensed to import, export and transport narcotic substances and precursors for national defense and security purposes shall fully comply with regulations on import, export and transportation and submit to monitoring, inspection and supervision by functional agencies specified in this Article and Articles 17 and 20 of this Decree and relevant regulations.

Article 26. Preservation, stockpiling, distribution, use, disposal and exchange of narcotic substances and precursors for national defense and security purposes

1. Units licensed to carry out drug-related lawful activities for national defense and security purposes specified in Article 23 of this Decree shall:

a/ Formulate plans to organize the preservation, stockpiling, distribution, use, disposal and exchange of narcotic substances and precursors, ensuring total safety, and bear responsibility before law for confusion or loss of such substances;

b/ Submit to monitoring, inspection and supervision by functional agencies of their preservation, stockpiling, distribution, use, disposal and exchange of narcotic substances and precursors.

2. Functional units of the Ministry of Public Security shall coordinate with functional agencies of related ministries and sectors in monitoring, inspecting and supervising the preservation, stockpiling, distribution, use, disposal and exchange of narcotic substances and precursors for national defense and security purposes by the units specified in Clause 1 of this Article.

Article 27. Import of samples and sampling of narcotic substances for national defense and security purposes

1. Sources of samples of narcotic substances for national defense and security purposes include:

a/ Imported samples of narcotic substances;

b/ Samples of narcotic substances being exhibits of drug-related crime cases;

c/ Samples of narcotic substances being products from drug-related lawful activities for national defense and security purposes for use in the assessment and professional training of personnel in drug-related crime prevention and fighting, and samples of sources of narcotic scent for professional animal training.

2. A dossier of application for an import license for samples of narcotic substances must comprise:

a/ A document proving lawful funding source(s);

b/ A plan approved by a competent agency;

c/ A notice of aid goods (in case the narcotic substances are aid goods);

d/ An application for an import license, made by the Institute of Criminal Sciences.

3. Order and procedures for grant of an import license for samples of narcotic substances

a/ Based on the estimated demand for use of samples of narcotic substances approved by the Ministry of Public Security, the Institute of Criminal Sciences shall prepare and send a dossier of application for an import license for samples of narcotic substances to a licensing agency for appraisal;

b/ Within 10 working days after receiving a complete dossier, the licensing agency shall appraise the dossier and grant an import license;

An import license for samples of narcotic substances shall be made into 5 sets (with each set having Vietnamese and English versions), of which 2 sets shall be sent to the Institute of Criminal Sciences and 1 set each to the Customs Branch where import procedures are carried out and the Ministry of Finance (General Department of Vietnam Customs), and 1 set shall be kept at the licensing agency;

c/ After obtaining an import license, the Institute of Criminal Sciences shall carry out import procedures, including signing of a contract with the partner that has obtained approval of import entrustment (in case it is permitted by the Ministry of Public Security, Ministry of National Defense or Ministry of Finance to purchase samples of narcotic substances for use); and coordination with the aid partner’s representative in carrying out import procedures (if any).

4. Sampling of narcotic substances for national defense and security purposes

a/ The sampling of narcotic substances under Point b, Clause 1 of this Article for solicitation of experts for assessment to serve the investigation, prosecution and trial of cases of drug-related crimes must comply with the Criminal Procedure Code;

b/ Annually or when there is demand for more samples of narcotic substances for assessment, professional training in drug-related crime prevention and fighting and professional animal training, the Director of the Institute of Criminal Sciences shall propose the Minister of Public Security to approve a plan on sampling of narcotic substances being products from drug-related lawful activities for national defense and security purposes. Units licensed to carry out production or import activities specified in Clauses 1 and 2, Article 23 of this Article shall hand over samples of narcotic substances to the Institute of Criminal Sciences of the Ministry of Public Security under approved plans.

Article 28. Preservation, distribution and use of samples of narcotic substances for national defense and security purposes

1. Samples of narcotic substances shall be retained and preserved in national warehouses of samples of narcotic substances and intermediary warehouses of samples of narcotic substances.

a/ National warehouses of samples of narcotic substances are places where samples are received from sources specified in Clause 1, Article 27 of this Decree and shall be directly managed, preserved and distributed by the Narcotic Substance Assessment Center of the Institute of Criminal Sciences of the Ministry of Public Security to the units specified at Point b, Clause 5, Article 23 of this Decree;

b/ Intermediary warehouses of samples of narcotic substances at the agencies specified at Point b, Clause 5, Article 23 of this Decree include:

- Intermediary warehouses of samples of narcotic substances at the provincial-level Public Security Departments are places where samples of narcotic substances are received from the Institute of Criminal Sciences of the  Ministry of Public Security and shall be directly managed by forensic science divisions of provincial-level Public Security Departments that carry out assessment and provide professional training in drug-related crime prevention and fighting and tracing of drug origin;

- Intermediary warehouses of samples of narcotic substances in the Ministry of National Defense and Ministry of Finance (General Department of Vietnam Customs) are places where samples of narcotic substances are received from the Institute of Criminal Sciences of the  Ministry of Public Security and shall be directly managed by and used by specialized agencies in charge of drug-related crime prevention and fighting and establishments providing training to personnel engaged in drug-related crime prevention and fighting and professional animal training for drug detection of the Border Guards, Vietnam Coast Guard and General Department of Vietnam Customs in professional training in drug-related crime prevention and fighting;

- Intermediary warehouses of samples of narcotic substances at establishments providing training to personnel engaged in drug-related crime prevention and fighting of the Ministry of Public Security are places where samples of narcotic substances are received from the Institute of Criminal Sciences of the Ministry of Public Security and shall be directly managed and used for professional training in drug-related crime prevention and fighting;

- The intermediary warehouse of samples of narcotic substances at the Mobile Police Command is the place where samples of narcotic substances are received from the Institute of Criminal Sciences of the Ministry of Public Security and shall be directly managed and used for professional animal training.

2. The Institute of Criminal Sciences of the Ministry of Public Security shall distribute and hand over samples of narcotic substances under an approved plan, receive samples of narcotic substances no longer used by units, monitor and inspect the use of samples by units, and evaluate quality of samples of narcotic substances stored in intermediary warehouses of samples of narcotic substances before proposing the disposal thereof under Article 29 of this Decree.

3. If no longer wishing to use samples of narcotic substances, units shall hand over such samples to the Institute of Criminal Sciences of the Ministry of Public Security.

4. Units licensed to carry out the activities specified in Clause 1 of this Article shall comply with regulations on preservation, distribution and use of samples of narcotic substances for national defense and security purposes under Article 26 of this Decree.

Article 29. Disposal of samples of narcotic substances for national defense and security purposes

1. Annually, the Institute of Criminal Sciences of the Ministry of Public Security shall inspect and evaluate the quality of samples of narcotic substances stockpiled in intermediary warehouses of samples of narcotic substances and inspect and evaluate by itself the quality of samples of narcotic substances stockpiled in the national warehouse of samples of narcotic substances.

2. In case samples of narcotic substances are mistaken or lost, units shall immediately report thereon to their immediate superior agencies. After receiving reports, such superior agencies shall examine and verify reported information for application of appropriate measures and send reports to the Ministry of Public Security (through the Institute of Criminal Sciences).

3. When samples of narcotic substances are stockpiled in large quantities or have their quality deteriorated after being used or transformed due to the preservation, the Director of the Institute of Criminal Sciences shall send reports on the state of such samples (clearly indicating names, quantities, concentrations, content, reasons for and methods of disposal) to the Minister of Public Security for consideration and establishment of sample disposal councils.

4. A sample disposal council shall be composed of the chairperson being a leader of the Institute of Criminal Sciences, members being representatives of the Supreme People’s Procuracy, Drug-related Crime Investigation Police Department and the person in charge of the national warehouse of narcotic substances, and a secretary member being the Director of the Narcotic Substance Assessment Center of the Institute of Criminal Sciences.

5. The order and procedures for disposal of samples of narcotic substances must comply with the criminal procedure law regarding the disposal of exhibits and minutes of disposal shall be made, photographed and filed under regulations at the Institute of Criminal Sciences of the Ministry of Public Security.

Article 30. Estimation, dossiers, reporting on, and expenses for, import and sampling of narcotic substances for national defense and security purposes

1. The units specified at Point b, Clause 5, Article 23 of this Decree shall make estimates and send registrations of quantity of samples of narcotic substances to the Institute of Criminal Sciences of the  Ministry of Public Security before January 15 every year for summarization and collation of stockpiled quantity and propose to the Minister of Public Security to approve plans on estimation and distribution of samples of narcotic samples and plans on import and sampling of narcotic substances for national defense and security purposes.

2. Units using samples of narcotic substances shall keep books to monitor the use thereof. The Institute of Criminal Sciences shall keep a book to monitor input, output, delivery and use of samples by units and make reports and statistics under the Ministry of Public Security’s regulations. Relevant documents shall be preserved and managed under regulations.

a/ Samples of narcotic substances used in origin tracing must comply with regulations on assessment and origin tracing. Minutes of use of samples shall be made or books recording the process of use of samples shall be kept bearing signatures of sample analysis participants and direct leaders;

b/ Laboratories assessing the use of standard samples for assessment shall keep books for monitoring the use of samples bearing signatures of sample analysis participants and direct leaders;

c/ Units using samples for personnel training or professional animal training shall make minutes recording the state and process of using samples with signatures of sample users and direct leaders.

3. On a biannual basis or an annual basis, units shall report on practical use of samples of narcotic substances to the Institute of Criminal Sciences of the Ministry of Public Security before July 15 (with data cut from December 15 of the year preceding the reporting period to June 14 of the reporting period) or before January 15 (with data cut from December 15 of the year preceding the reporting period to December 14 of the reporting period). The Institute of Criminal Sciences shall sum up results of import, sampling, distribution, use, disposal and stockpiling of samples of narcotic substances and send reports thereon to the Ministry of Public Security, Supreme People’s Procurary and Supreme People’s Court.

4. Expenses for import, sampling and disposal of samples of narcotic substances shall be covered by the state budget funds for recurrent expenditures for the Ministry of Public Security. Expenses for assurance of conditions for preservation of samples of narcotic substances shall be covered by the state budget funds for recurrent expenditure for ministries, sectors and localities.

Article 31. Responsibility for inspection, supervision and handling of violations

1. Units engaged in drug-related lawful activities for national defense and security purposes shall carry out inspection and supervision and handle violations according to their competence and sum them up for reporting to the Ministry of Public Security.

2. The specialized agency in charge of drug-related crime prevention and fighting of the Ministry of Public Security shall assume the prime responsibility for, and coordinate with functional agencies of ministries, sectors and localities in, carrying out inspection and supervision and proposing the handling of or handling violations according to their competence.

Section 4

PREPARATION OF DOSSIERS OF, AND REPORTING REGIME APPLICABLE TO, DRUG-RELATED LAWFUL ACTIVITIES

Article 32. Preparation of dossiers

1. When carrying out the drug-related lawful activities specified in Clause 1, Article 12 of the Law on Drug Prevention and Control, agencies, organizations and individuals shall prepare dossiers thereof under regulations of specialized management agencies. Such dossiers must have:

a/ Data on quantity, quality, use duration and production process; data on output, input and inventory; bills of output and input, for agencies and organizations engaged in research, assessment and production activities;

b/ Data on input, output and inventory and invoices and documents related to each substance on the lists of narcotic substances and precursors promulgated together with the Government’s Decree, for agencies, organizations and individuals engaged in trading, export, import temporary import for re-export, or temporary export for re-import activities.

2. Dossiers and documents must be retained for a duration specified by specialized management agencies. Upon expiry of the duration for retaining books and documents, head of units shall set up councils for destruction of such books and documents and make written records of such destruction.

Article 33. Reporting regime

1. The Ministry of Public Security, Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense shall summarize information on drug-related lawful activities in the fields under their management nationwide, and make a biannual report (with data cut from December 15 of the year preceding the reporting period to June 14 of the reporting period) or an annual report (with data cut from December 15 of the year preceding the reporting period to December 14 of the reporting period), and send it to the Ministry of Public Security for summarization and reporting to the Prime Minister.

2. The Ministry of Finance shall summarize information on the import, export, temporary import for re-export, temporary export for re-import, and transit through Vietnam’s territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors nationwide (actual quantity, number of violation cases, methods of handling violations, and other relevant information), and make a biannual report (with data cut from December 15 of the year preceding the reporting period to June 14 of the reporting period) or an annual report (with data cut from December 15 of the year preceding the reporting period to December 14 of the reporting period), and send it to the Ministry of Public Security for summarization and reporting to the Prime Minister.

 3. In the course of carrying out drug-related lawful activities, agencies, organizations and individuals shall send urgent reports to their managing agencies in case there is a mistake, poisoning or loss of such substances.

4. When it is necessary to dispose of narcotic substances, precursors, or veterinary drugs containing narcotic substances or precursors other than those specified in Article 21 of the Law on Drug Prevention and Control, managing units shall report such to immediate superior agencies, clearly stating the reasons for and methods of disposal. The disposal may be carried out only after competent superior agencies approve it in writing. Heads of units shall set up councils for disposal and make written records thereof, report on the disposal to the immediate superior managing agency and to the Ministry of Public Security for monitoring and management.

Article 34. Making of estimates

1. Agencies and organizations that wish to import and export narcotic substances and precursors on the list of substances subject to estimation under international conventions on drug control shall annually send their registrations for estimates of their import and export demands to competent agencies under line ministries.

2. The Ministry of Health, Ministry of Industry and Trade, Ministry of National Defense, and Ministry of Agriculture and Rural Development shall summarize the estimates of import and export demands for the narcotic substances and precursors specified in Clause 1 of this Article according to the form provided by the United Nations’ International Narcotics Control Board, and send them to the Ministry of Public Security before March 31 every year. In case the demand exceeds the estimates or there are other changes, ministries shall notify such in writing to the Ministry of Public Security for additional registration before May 31 or before September 30 of the year of registration.

3. The Ministry of Public Security shall summarize, review and collate import and export demands and results of the previous year, register demands with the United Nations’ International Narcotics Control Board and monitor, send a pre-export notification to other countries under regulations; and at the same time, send them to the Ministry of Finance (the General Department of Vietnam Customs) for coordinated monitoring.

Section 5

COORDINATION IN CONTROL OF DRUG-RELATED LAWFUL ACTIVITIES

Article 35. Contents of and mechanism for coordination in control of drug-related lawful activities

1. Coordination in controlling research, testing, inspection, production, transport, preservation, storage, trading, distribution, use, disposal and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors.

a/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related units and localities in, monitoring, inspecting and supervising research, production and transport of narcotic substances and precursors under regulations;

b/ The Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Finance (the General Department of Vietnam Customs), and Ministry of National Defense shall, within the ambit of their functions, tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Public Security in, guiding and inspecting local functional agencies in control of preservation, storage, trading, distribution, use, disposal and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors by units engaged in production, import, export, temporary import for re-export, or temporary export for re-import activities;

c/ Provincial-level People’s Committees shall, within the ambit of their functions, tasks and powers, direct functional agencies to coordinate with one another in controlling transport, preservation, storage, trading, distribution, use, disposal and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors in their localities.

2. Coordination in controlling import, export, temporary import for re-export, temporary export for re-import, and transit of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors.

a/ Coordinating in control of pre-export notification for the import of precursors from abroad into Vietnam (for the import from countries adopting Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotics Drugs and Psychotropic Substances):

On the basis of import licenses granted by line ministries and sent to the Ministry of Public Security or information on import licenses on the Vietnam National Single Window, within 2 working days after receiving a notice of an exporting country, the Ministry of Public Security shall reply to the exporting country about the legality of the shipment. In case of not receiving an import license for the notified shipment, the Ministry of Public Security shall send to the exporting country a request for suspending the export of such shipment to Vietnam and send it to the Ministry of Finance (the General Department of Vietnam Customs) for monitoring;

b/ Coordinating in control of pre-export notifications for the export of precursors from Vietnam abroad (for the export to countries adopting Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotics Drugs and Psychotropic Substances), in the forms of both single elements and compounds;

Within 3 working days after receiving a valid application and dossier of application for an export license, a licensing agency shall send to the Ministry of Public Security information on name and address of the applicant; names, contents and quantity of precursors; name and address of the importer; and name of the border gate through which the exported goods are transported for issuing a pre-export notification for the shipment to a functional authority of the importing country.

Within 2 working days after receiving information from the licensing agency, the Ministry of Public Security shall issue a pre-export notification for the shipment for which a license is applied. Within 2 working days after receiving the feedback from the functional authority of the importing country, the Ministry of Public Security shall reply to the licensing agency for the latter to decide whether to grant a license according to its competence, and send it to the Ministry of Finance (the General Department of Vietnam Customs) for monitoring;

c/ Coordinating in control of the import of narcotic substances, precursors, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs from abroad into Vietnam;

On the basis of the report of the Ministry of Finance (the General Department of Vietnam Customs) on the actual quantity of imported narcotic substances, precursors, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, or precursors used as drugs specified in Clause 2, Article 33 of this Decree, the Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense in, evaluating results of import of the year and the demand for import of narcotic substances and precursors of the following year in order to summarize and notify import results, and register estimates with the United Nations’ International Narcotics Control Board under regulations.

d/ Coordinating in control of temporary import for re-export and temporary export for re-import of narcotic substances, precursors, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs;

Within 3 working days after receiving a dossier of application for a license for temporary import for re-export or temporary export for re-import of narcotic substances, precursors, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs, the Ministry of Industry and Trade shall send to the Ministry of Public Security information on name and address of the applicant; names, quantity and content of narcotic substances and precursors; names and addresses of the importer or exporter; and time of, and name of the border gate through which the goods in temporary import for re-export or temporary export for re-import are transported for issuing a pre-export notification;

Within 2 working days after receiving information from the Ministry of Industry and Trade, the Ministry of Public Security shall issue a pre-export notification for the shipment for which a license is applied. Within 2 working days after receiving the feedback from the importing country, the Ministry of Public Security shall reply to the licensing agency for the latter to decide whether to grant a license for temporary import for re-export or temporary export for re-import according to its competence, and send it to the Ministry of Finance (the General Department of Vietnam Customs) for monitoring;

dd/ The Ministry of Public Security, Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense shall, within the ambit of their functions, tasks and powers, grant licenses for import, export, temporary import for re-export, temporary export for re-import, or transit of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors. Within 3 working days after granting a license for import, export, temporary import for re-export, temporary export for re-import, or transit, the licensing agency shall send it to the applicant, the Customs Branch that has carried out the custom procedures for goods in import, export, temporary import for re-export, temporary export for re-import, or transit, and send it to the Ministry of Finance (the General Department of Vietnam Customs) and Ministry of Public Security for monitoring and management. 

4. Coordination in the exchange of information on control of drug-related lawful activities

a/ The Ministry of Public Security shall act as the focal point for exchanging information on the control of drug-related lawful activities with the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (the General Department of Vietnam Customs), Ministry of National Defense, localities, related countries, and the United Nations’ International Narcotics Control Board through the Data Center for Control of Drug-Related Lawful Activities (below referred to as the Data Center) based at the Ministry of Public Security.

The Data Center shall be directly managed and operated by a functional agency under the Ministry of Public Security that shall access, update, exploit, process and exchange information with the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (the General Department of Vietnam Customs), Ministry of National Defense, localities, related countries, and the United Nations’ International Narcotics Control Board by a software for drug prevention and control-related data management;

The Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (the General Department of Vietnam Customs), Ministry of National Defense, and provincial-level People’s Committees may use their own accounts and passwords of the software for drug prevention and control-related data management provided by the Ministry of Public Security for accessing, updating, exploiting and exchanging information at the Data Center, except professional information specified by the Ministry of Public Security;

In case an agency requests provision of information and documents falling beyond the scope of the Data Center to serve the control of drug-related lawful activities, the coordinating agency shall exchange and provide information and documents to the requesting agency. In case of refusal to provide information and documents, the requested agency shall reply in writing, clearly stating the reason.

b/ The Ministry of Public Security shall notify related ministries, sectors and localities of information on methods of operation and tricks of crimes and other relevant information in the process of controlling drug-related lawful activities for the latter to take proactive and effective measures for prevention;

c/ The Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, the Ministry of Finance (the General Department of Vietnam Customs), and Ministry of National Defense shall:

Collect and manage information on drug-related lawful activities within the ambit of their functions, tasks and powers;

Provide necessary information related to the control of drug-related lawful activities to the Data Center through accessing and updating data, using the software for drug prevention and control-related data management; particularly, originals are required for licenses for import, export, temporary import for re-export, temporary export for re-import, or transit of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors;

Promptly exchange information with and provide it to the Ministry of Public Security for coordinating with each other in prevention and handling of violations when receiving information and documents or detecting violations in the control of drug-related lawful activities.

d/ The Ministry of Finance (the General Department of Vietnam Customs) shall ensure data connection and operation between the Data Center and the Vietnam National Single Window.

The Ministry of Finance (the General Department of Vietnam Customs) shall provide a separate account and password to the Data Center for accessing, updating, exploiting and exchanging information on licenses for import, export, temporary import for re-export, temporary export for re-import, and transit on the Vietnam National Single Window.

dd/ Provincial-level People’s Committees shall, within the ambit of their functions, tasks and powers, direct functional agencies to regularly exchange with one another information on the control of drug-related lawful activities in their localities.

5. Coordination in monitoring, inspecting and supervising drug-related lawful activities

a/ The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (the General Department of Vietnam Customs), and Ministry of National Defense in, guiding, monitoring, inspecting and supervising agencies, organizations, individuals and localities in the implementation of legal documents on the control of drug-related lawful activities, with a view to preventing and stopping the abuse of such activities for illegal purposes;

b/ Ministries shall, within the ambit of their tasks and powers, perform their assigned tasks, and inspect and examine the implementation of regulations on control of drug-related lawful activities by agencies, organizations and individuals; handle violations under regulations according to their competence, and transfer cases of violations showing criminal signs to the Ministry of Public Security for investigation and handling;

c/ Provincial-level People’s Committees shall, within the ambit of their functions, tasks and powers, direct functional agencies to guide, inspect and supervise agencies, organizations and individuals in the implementation of legal documents on the control of drug-related lawful activities, with a view to preventing and stopping the abuse of such activities for illegal purposes; inspect and examine the implementation of regulations on control of drug-related lawful activities by agencies, organizations and individuals; handle violations under regulations according to their competence, and transfer cases of violations showing criminal signs to provincial-level Public Security Departments for investigation and handling.

Article 36. Interdisciplinary working groups at all levels for coordination in control of drug-related lawful activities

1. The central-level interdisciplinary working group for coordination in control of drug-related lawful activities

a/ The Ministry of Public Security shall establish, issue the regulation on operation, and direct the operation of the central-level interdisciplinary working group for coordination in control of drug-related lawful activities;

b/ Tasks of the central-level interdisciplinary working group for coordination in control of drug-related lawful activities: To disseminate, guide, train, urge, monitor, inspect and supervise agencies, organizations, individuals and localities in implementing legal documents on control of drug-related lawful activities in order to prevent and stop the abuse of such activities for unlawful purposes; and to detect, prevent and propose competent authorities to handle violations in accordance with law.

2. Provincial-level interdisciplinary working groups for coordination in control of drug-related lawful activities.

a/ Provincial-level People’s Committees shall establish, issue regulations on operation, and direct the operation of provincial-level interdisciplinary working groups for coordination in control of drug-related lawful activities;

b/ Tasks of provincial-level interdisciplinary working groups for coordination in control of drug-related lawful activities: To disseminate, guide, train, monitor, inspect and supervise local agencies, organizations and individuals in implementing legal documents on control of drug-related lawful activities in order to prevent and stop the abuse of such activities for unlawful purposes; and to detect, prevent and propose competent authorities to handle violations in accordance with law.

Chapter IV

MANAGEMENT OF ILLEGAL DRUG USERS

Article 37. Persons subject to management

Persons subject to management are those who commit the act of illegally using drugs and do not fall into the cases specified in Clause 5, Article 23 of the Law on Drug Prevention and Control.

Article 38. Grounds for testing people showing signs of illegally using drugs

1. A person is regarded as having shown signs of illegally using drugs if there is one of the following grounds:

a/ A report or denunciation of  an individual, agency or organization, which has been verified and clarified by a competent agency;

b/ Information or documents in a case of law violation;

c/ A sign of loss of cognitive capacity or behavior control suspiciously due to drug use;

d/ A trace of a narcotic substance on his/her body, vehicle or in his/her place of residence, or a tool or means for illegal use of drugs;

dd/ A sign of using a stimulant that is suspected of being a drug when he/she operates a vehicle;

e/ His/her presence in a location where the act of illegally organizing, harboring or using drugs is committed without any plausible reason.

g/ A self-report of his/her act of illegally using drugs;

h/ His/her act of illegally using drugs caught red-handed;

i/ Other signs as specified by law.

2. When having a ground to believe that a person shows signs of illegally using drugs as specified in Clause 1 of this Article, an agency or a person competent to test narcotic substances in human body specified in Clause 2, Article 22 of the Law on Drug Prevention and Control shall carry out a drug test. Drug test results shall be recorded according to Form No. 03 provided in the Appendix to this Decree.

Article 39. Funds for implementation of measures to manage illegal drug users

1. Funds for organizing in-body drug tests under Clause 2, Article 38 of this Decree cover:

a/ Expense for drug test kits;

b/ Expense for sending persons who are subject to in-body drug test to the testing place;

c/ Expense for requesting a specialized agency to carry out a drug test (if any).

2. Funds for determination of state of drug addiction upon detecting illegal drug users who are subject to determination of state of drug addiction under Clause 8, Article 27 of the Law on Drug Prevention and Control include:

a/ Expense for sending persons subject to determination of state of drug addiction to the place for determining state of drug addiction, and expenses for accommodations and meals for persons subject to determination of state of drug addiction during the period of monitoring for determination of state of drug addiction (except persons held in custody to determine the state of drug addiction);

b/ Expense for requesting medical establishments to determine the state of drug addiction.

3. Funds for management of illegal drug users include:

a/ Expense for transfer of illegal drug users and relevant dossiers to competent commune-level People’s Committees for management;

b/ Expense for provision of support for persons who are not entitled to salaries from the state budget but are assigned to directly assist illegal drug users currently under management under Point c, Clause 2, Article 42 of this Decree;

4. Funds specified in Clauses 1, 2 and 3 of this Article are allocated by the state budget according to current budget decentralization and lawful funding sources.

Provincial-level People’s Committees shall propose same-level People’s Councils to allocate funds from local budgets for functional agencies to perform the tasks specified in Clauses 1, 2 and 3 of this Article in accordance with the law on the state budget.

5. The level of support for persons assigned to assist illegal drug users under Point b, Clause 3 of this Article shall be decided by provincial-level People’s Councils but must not be lower than 25% of the basic salary.

Article 40. Collection of information and documents to compile dossiers for management of illegal drug users

1. When test results specified in Clause 2, Article 38 of this Decree are positive, a public security office that detects an illegal drug user shall:

a/ Verify his/her place of residence under Article 41 of this Decree;

b/ Send a notice of the act of illegally using drugs to the chairperson of the commune-level People’s Committee of the locality where the illegal drug user resides or is detected to have illegally used drugs in case he/she does not have a stable place of residence, made according to Form No. 04 provided in the Appendix to this Decree, for organizing the management of the illegal drug user and compiling a dossier for management of the illegal drug user.

2. A dossier for management of an illegal drug user must comprise:

a/ A decision on application of measures to manage the illegal drug user, made according to Form No. 07 provided in the Appendix to this Decree;

b/ A resume’ of the illegal drug user, made according to Form No. 05 provided in the Appendix to this Decree; results of the verification of the place of residence of the illegal drug user;

c/ A slip of drug test results, made according to Form No. 03 provided in the Appendix to this Decree;

d/ Documents and dossiers on the act of illegally using drugs; the violator’s illegal drug use or drug addiction treatment records (if any);

dd/ A statement of the illegal drug user, made according to Form No. 06 provided in the Appendix to this Decree;

e/ A test result slip confirming the violator’s non-addiction to drugs, for the subjects specified in Clause 1, Article 27 of the Law on Drug Prevention and Control.

3. Commune-level public security offices shall assist chairpersons of commune-level People’s Committees to collect documents to compile dossiers for management of illegal drug users.

Article 41. Verification of places of residence and sending of documents

1. Within 3 working days after detecting a person who illegally uses drugs, a public security office that detects the violation shall verify the violator’s place of residence.

For mountainous areas, islands or remote areas where travel is difficult,, the time limit for verification of the place of residence of an illegal drug user may be longer but must not exceed 10 working days after detecting his/her act of illegally using drugs.

2. Criteria for determining that a person has a stable place of residence:

a/ A person having a stable place of residence is a person currently living in the registered place of permanent or temporary residence;

b/ In case the registered place of permanent or temporary residence of a person cannot be determined, his/her stable place of residence is his/her current place of residence as specified in Clause 1, Article 19 of the Law on Residence, with a period of habitual residence of at least 30 days as certified by the head of the commune-level public security office.

3. Criteria for determining that a person has no stable place of residence:

a/ He/she has registered permanent or temporary residence but currently does not live in the registered place of permanent or temporary residence as certified by the head of the commune-level public security office of the locality where his/her permanent or temporary residence has been made and there is no information on his/her whereabouts;

b/ His/her family members as specified in the law on marriage and family inform functional agencies that they do not know where he/she is or what he/she is doing, and the local public security office remains unable to determine his/her current place of residence even though having referred to relevant data on the national population database, residence database, and residence dossier and citizen identity archive system;

c/ He/she has neither a place of permanent residence nor a place of temporary residence and has last lived in his/her current place of residence for less than 30 days.

4. The verification of places of residence and notification of results of the verification of residence must comply with the law on residence and guidance of the Ministry of Public Security.

5. In case a person who illegally uses drugs has a stable place of residence, within 3 working days after obtaining verification results, a public security office that has detected the act of illegally using drugs shall notify such act and send relevant documents thereon to the chairperson of the commune-level People’s Committee of the locality where such person stably resides.

6. In case a person who illegally uses drugs does not have a stable place of residence, within 3 working days after obtaining verification results, the public security office that has detected the act of illegally using drugs shall notify such act and send relevant documents thereon to the chairperson of the commune-level People’s Committee of the locality where the act of illegally using drugs has been detected.

Article 42. Decision on management of illegal drug users

1. Within 3 working days after receiving a notice of the act of illegally using drugs and drug test results, the chairperson of the commune-level People’s Committee of the locality where the illegal drug user stably resides or where his/her act of illegally using drugs has been detected in case he/she has no stable place of residence shall make a decision on and organize the management of the illegal drug user under Clauses 2 and 4, Article 23 of the Law on Drug Prevention and Control.

2. A decision on application of the measure of managing an illegal drug user shall be made according to Form No. 7 provided in the Appendix to this Decree, clearly stating:

a/ Summarized details of the act of illegally using drugs; positive test results for narcotic substances in his/her body; results of the determination that he/she is not an addict (if any);

b/ Assignment of the commune-level public security office to make a list of illegal drug users under local management and organize in-body drug tests during the management period;

c/ Assignment of a team to manage illegal drug users that is composed of the leader being a commune-level public security officer; a deputy leader being the representative of the village/residential quarter; and members being family representatives of illegal drug users or prestigious people in family lines, socio-political organizations (based on personal backgrounds of illegal drug users) and public social workers (if any); and assignment of a team member to directly counsel, encourage, educate and assist illegal drug users.

3. Decisions on management of illegal drug users take effect on the date of their signing.

4. A decision on management of an illegal drug user shall be filed in the dossier for management of such illegal drug user (1 copy), sent to him/her (1 copy), the commune-level public security officer who is the team leader (1 copy), and to his/her family representative for participation in management (1 copy).

Article 43. Management period and method of calculation of management period

1. The management period of an illegal drug user is 1 year from the date the chairperson of the commune-level People’s Committee issues a management decision.

2. During the management period, if a person subject to management is detected to continue illegally using drugs and does not fall into the cases specified in Clause 5, Article 23 of the Law on Drug Prevention and Control, the chairperson of the commune-level People’s Committee may issue a new management decision that states a new management period of 1 year from the date of issuance of the new management decision. 

3. In case a person who is currently subject to the management of change of his/her place of residence, the management period shall be further counted from the date of change occurrence to the end of the remaining management period.  

Article 44. Contents of management

1. The purpose of management of illegal drug users is to stop them from illegally using drugs and preventing them from committing violations of law.

2. Contents of management:

a/ To carry out drug tests for illegal drug users during the period of management;

b/ To provide psychological and behavior change counseling for illegal drug users to help them adopt a positive attitude and actively keep themselves off drug;

c/ To provide education about the law on drug prevention and control, drug harms, and other contents based on personal characteristics of illegal drug users.

d/ To encourage and assist illegal drug users to participate in community activities, self-managed activities, physical training and sport activities, and social movements so as to improve their health and life skills and prevent them from committing violations of law.

3. For under-18 illegal drug users, it is required to ensure their academic education and participation of teachers at education institution where they are studying or representative of the Young Pioneer Organization or Youth Union in the provision of counseling, encouragement, education and assistance to such persons.

Article 45. Drug tests of illegal drug users during the period of management

1. Commune-level public security offices that manage illegal drug users shall carry out, or request specialized agencies or persons to carry out, drug tests for illegal drug users during the period of management.

2. Drug tests shall be carried out on an irregular basis for illegal drug users during the period of management when commune-level public security offices obtain the grounds specified in Clause 1, Article 38 of this Decree.

Article 46. Drug tests of illegal drug users

1. For persons subject to drug tests, agencies and persons competent to carry out drug tests shall invite them to testing places for testing.

In case illegal drug users are unwilling to take the drug test, public security offices shall summon them to come to testing places to take testing samples. Persons subject to drug tests must show up when being summoned by public security offices.

2. Forms of taking samples for drug tests include taking blood samples; taking urine samples, urinary catheterization, and taking of other samples in the body.

3. Waiting rooms and sample-taking rooms must be divided into separate areas for men and women. For testing places without separate waiting rooms for men and women, men and women shall stand in separate queues and there must be separate sample-taking rooms for men and women.

Urine samples shall be taken under supervision of officials of the same gender with tested persons.

4. The taking of samples of under-18 persons must be approved by their parents or guardians or at-law representatives, except cases of taking urine samples.

Article 47. Management of illegal drug users in case they leave their places of residence

1. At least once a month, commune-level public security offices that manage illegal drug users shall check and update information on places of residence of those during the period of management.

2. When an illegal drug user changes his/her place of residence, the commune-level public security office of the locality to which he/she moves shall coordinate with the commune-level public security office which is managing him/her for information checking and verification. When the verification completes, the commune-level public security office managing the illegal drug user shall notify verification results to the commune-level People’s Committee chairperson.

Within 5 working days after such person moves to the new place of residence, the chairperson of the commune-level People’s Committee from which he/she leaves shall notify and transfer the dossier of management of the illegal drug user, made according to Form No. 08 provided in the Appendix to this Decree, to the chairperson of the commune-level People’s Committee to which he/she moves for continued management.

3. Commune-level public security offices shall regularly update information on places of residence of illegal drug users to the residence database and the national population database.

Article 48. Suspension and termination of management of illegal drug users

1. The chairperson of the commune-level People’s Committees managing an illegal drug user shall issue a decision on suspension of management of such person, made according to Form No. 09 provided in the Appendix to this Decree, in the case specified in Clause 5, Article 23 of the Law on Drug Prevention and Control.

2. The chairperson of the commune-level People’s Committees managing an illegal drug user shall issue a decision on termination of management of such person, made according Form No. 10 in the Appendix to this Decree, if upon the expiration of the management duration, such person is not detected to have illegally used drugs.

3. Within 3 working days after issuing a decision specified in Clause 1 or 2 of this Article, the chairperson of the commune-level People’s Committee shall send such decision to the agencies, organizations and individuals specified at Point c, Clause 2 and Clause 4, Article 42 of this Decree.

Article 49. Management and archive of dossiers of management of illegal drug users

Commune-level public security offices that formulate dossiers of management of illegal drug users shall manage and archive such dossiers under the Ministry of Public Security’s regulations.

Chapter V

RESPONSIBILITIES OF AGENCIES

Article 50. The Ministry of Public Security

1. To direct specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security to proactively and closely coordinate with specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Vietnam Coast Guard, and Vietnam Customs in preventing, fighting, stopping, investigating, and handling drug-related crimes.

2. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, performing unified state management of control of drug-related lawful activities

a/ To sum up plans on, and results of implementation of long-term and annual plans on, control of drug-related lawful activities of ministries, sectors and localities for reporting to the Prime Minister;

b/ To guide, urge and examine agencies, organizations, individuals and localities in the implementation of legal documents on control of drug-related lawful activities in sectors and geographical areas under their management so as to prevent and stop the abuse of these activities for illegal purposes;

3. To promulgate and organize the implementation of the Ministry of Public Security’s legal documents on control of drug-related lawful activities for the purpose of national defense and security.

4. To formulate and organize the implementation of regulations and plans on personnel training and further training and make state statistics on import, taking, management and use of narcotic substance samples.

5. To direct its specialized agencies in charge of drug-related crime prevention and fighting to grant licenses for the activities specified in Clause 1 of Article 14, Clause 1 of Article 19, and Clause 1 of Article 23 of this Decree; make state statistics on, and conduct international cooperation in controlling, drug-related lawful activities, and manage and operate the data center for control of drug-related lawful activities; to perform in a permanent manner the tasks of the Inter-Disciplinary Working Group for Coordination in Control of Drug-Related Lawful Activities at the central level, and guide and examine the performance of the tasks specified in this Decree by provincial-level Inter-Disciplinary Working Groups.

6. To direct the public security forces at all levels to coordinate with related agencies and organizations in detecting and managing illegal drug users.

7. To guide commune-level public security offices to make lists of illegal drug users.

Article 51. The Ministry of National Defense

1. To direct the specialized agency in charge of drug-related crime prevention and fighting of the Border Guard to assume the prime responsibility for preventing and stopping  illegal transportation of drugs  into Vietnam; promptly detect and arrest drug criminals in border areas in accordance with law; and regularly and closely coordinate with specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security, Vietnam Coastal Guard, and Vietnam Customs in preventing and fighting drug-related crimes.

2. To direct the specialized agency in charge of drug-related crime prevention and fighting of the Vietnam Coastal Guard to assume the prime responsibility for preventing, fighting, stopping, investigating, and handling drug-related crimes at sea; and closely coordinate with specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Vietnam Customs, People’s Public Security, local authorities, and related agencies and organizations in implementing activities of preventing and fighting drug-related crimes.

3. To grant and revoke permits for import and export of precursors for the purpose of national defense according to its competence under Clause 2, Article 23, and comply with this Decree’s provisions on coordination in control of drug-related lawful activities.

4. To coordinate with concerned agencies of other countries in detecting and preventing acts of illegal across-border trading in, and transport of, narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors in accordance with law.

Article 52. The Ministry of Finance

 1. To direct the specialized agency in charge of drug-related crime prevention and fighting of the Vietnam Customs to assume the prime responsibility for, and coordinate with specialized agencies in charge of drug-related crime prevention and fighting of the People’s Public Security, Border Guard, and Vietnam Coastal Guard in examining, controlling, detecting and coordinating with functional agencies in handling, drug-related  violations and crimes committed in operation areas of the customs force.

2. To assume the prime responsibility for summing up and submitting to competent authorities for approval current expenditure estimates for coordinated activities in control of drug-related lawful activities and inclusion of these amounts in the current state budget estimates of the Ministries of Public Security, National Defense, and Finance, and related ministries and sectors in accordance with the Law on the State Budget.

3. To direct customs offices in carrying out customs procedures and customs inspection and supervision for import, export, temporary import for re-export, temporary export for re-import, and transit via Vietnam’s territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors in accordance with the customs law; to comply with this Decree’s provisions on coordination in control of drug-related lawful activities.

Article 53. The Ministry of Health

To comply with this Decree’s provisions on coordination in control of drug-related lawful activities.

Article 54. The Ministry of Industry and Trade

1. To perform state management of research, testing, production, trading, and use of industrial precursors in accordance with the Law on Drug Prevention and Control, the Law on Chemicals and other relevant laws.

2. To grant and revoke licenses for the activities specified in Clause 2, Article 19, and comply with provisions on coordination in control of drug-related lawful activities, of this Decree.

Article 55. The Ministry of Agriculture and Rural Development

1. To perform state management of veterinary drugs containing narcotic substances or precursors in accordance with the Law on Drug Prevention and Control, the Law on Animal Health, and other relevant laws.

2. To promulgate the list of veterinary drugs containing narcotic substances or precursors, and list of narcotic substances and precursors being materials of veterinary drugs containing narcotic substances or precursors.

3. To grant and revoke licenses of activities specified in Clause 2, Article 14, and Clause 3, Article 19, and comply with provisions on coordination in control of drug-related lawful activities, of this Decree.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 56. Funds for implementation

Funds for implementation of coordination activities of specialized agencies in charge of drug-related crime prevention and fighting, control of drug-related lawful activities, and management of illegal drug users come from the state budget, and are allocated in the current expenditure estimates of ministries, and central and local agencies in accordance with the law on the state budget.

Article 57. Effect

1. This Decree takes effect on January 1, 2022.

2. The following documents cease to be effective on the effective date of this Decree:

a/ The Government’s Decree No. 80/2001/ND-CP of November 5, 2001, guiding the control of domestic drug-related lawful activities;

b/ The Government’s Decree No. 58/2003/ND-CP of May 29, 2003, on control of the import, export, and transit via Vietnam’s territory of narcotic substances, precursors, addictive drugs, and psychotropic drugs;

c/ The Government’s Decree No. 45/2009/ND-CP of May 13, 2009, guiding the import, taking, management and use of samples of narcotic substances, precursors, addictive drugs, and psychotropic drugs for the purpose of national defense and security;

d/ The Prime Minister’s Decision No. 133/2002/QD-TTg of October 9, 2002, promulgating the Regulation on coordination among the Public Security, Border Guard, Vietnam Coastal Guard, and Vietnam Customs in prevention and control of drug-related crimes in border and border-gate areas, and at sea;

dd/ The Prime Minister’s Decision No. 52/2011/QD-TTg of September 21, 2011, promulgating the Regulation on coordination in control of drug-related lawful activities.

Article 58. Transitional provisions

1. Dossiers of application for research and production of narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors received before the effective date of this Decree shall be further processed under the Government’s Decree No. 80/2001/ND-CP of November 5, 2001, guiding the control of drug-related lawful activities, unless the dossier submitters request the application of this Decree.

2. Dossiers of application for permission for import, export, and transit via the Vietnamese territory of narcotic substances, precursors, addictive drugs, and psychotropic drugs received before the effective date of this Decree shall be further processed under the Government’s Decree No. 58/2003/ND-CP of May 29, 2003, on control of the import, export, and transit via Vietnam’s territory of narcotic substances, precursors, addictive drugs, and psychotropic drugs, except the case where the applicants request to comply with this Decree.

Article 59. Implementation responsibility

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

For the Government
Prime Minister
PHAM MINH CHINH

* The Appendix to this Decree is not translated.