Decree 109/2021/ND-CP regulations on order and procedures for the determination of state of drug addiction

DECREE

Prescribing regulations on health establishments qualified for the determination of state of drug addiction and dossiers, order and procedures for the determination of state of drug addiction

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

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

At the request of the Minister of Health;

The Government issues the Decree prescribing regulations on health establishments qualified for the determination of state of drug addiction and dossiers, order and procedures for the determination of state of drug addiction.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree shall prescribe regulations on health establishments qualified for the determination of state of drug addiction (hereinafter referred to as qualified health establishments) and dossiers, order and procedures for the determination of state of drug addiction prescribed in Clause 6, Article 27 of the Law on Drug Prevention and Control dated March 30, 2021.

2. This Decree applies to agencies, organizations and individuals related to the determination of state of drug addiction.

Article 2. Locations for determining the state of drug addiction

1. Persons who are willing to have their state of drug addiction determined shall choose a qualified health establishment by themselves to conduct the determination of state of drug addiction.

2. The locations for determining the state of drug addiction for persons who are requested to determine the state of drug addiction in the cases specified at Points a, b, c and d, Clause 1, Article 27 of the Law on Drug Prevention and Control shall be conducted as follows:

a) The location for the determination of state of drug addiction shall be at the administrative detention places for persons who are kept in custody in accordance with the administrative procedures specified in the Law on Handling of Administrative Violations;

b) The location for determination of state of drug addiction shall be at qualified health establishments or locations requested by the public security agencies to determine the state of drug addiction as agreed with the health establishments for persons who are not kept in custody in accordance with the administrative procedures. The public security agencies shall be responsible for coordinating with the health establishments to ensure that all necessary conditions are satisfied for the determination of state of drug addiction at the selected locations.

Chapter II

HEALTH ESTABLISHMENTS QUALIFIED FOR THE DETERMINATION OF STATE OF DRUG ADDICTION; DOSSIERS, ORDER AND PROCEDURES FOR THE DETERMINATION OF STATE OF DRUG ADDICTION

Article 3. Health establishments qualified for the determination of state of drug addiction

Health establishments conducting the determination of state of drug addiction must satisfy all the following conditions:

1. Being medical examination and treatment establishments that have the license to conduct medical examination and treatment within the scope of professional medical examination and treatment in internal medicine or psychiatry, or drug addiction treatment or treatment of addiction to opiate substances with alternative medicine; forensic mental health establishments.

2. Doctors who determine the state of drug addiction must have the certificate of medical examination and treatment in psychiatry or general medicine or internal medicine or traditional medicine. In cases where doctors have the certificate of practice in medical examination and treatment in general or in internal medicine or traditional medicine, they must obtain the certificate of completion of a training course on the determination of state of drug addiction issued by a functional training establishment.

3. Facilities and equipment must be ensured to be able to carry out the professional process of determining the state of drug addiction, suitable with the organizational form and scope of professional practices of the specialties specified in Clause 1 of this Article.

Article 4. Dossiers, order and procedures for the determination of state of drug addiction for persons willing to have their state of drug addiction determined

1. The dossier for the determination of state of drug addiction shall include:

a) An application form for the determination of state of drug addiction made according to Form No. 01 specified in the Appendix issued together with this Decree (hereinafter referred to as the application form). Persons under 18 years old; persons who have lost their civil act capacity; persons with limited civil act capacity; persons with difficulty in cognition or behavior control must obtain consent from their father, mother, guardian or legal representative;

b) Medical records in accordance with law regulations on medical examination and treatment;

c) The written result sheet of determining the state of drug addiction made according to Form No. 04 specified in the Appendix issued together with this Decree (hereinafter referred to as the result sheet).

2. The order and procedures for the determination of state of drug addiction shall be as follows:

a) Persons who are willing to have their state of drug addiction determined shall submit an application form for the determination of state of drug addiction and present to the health establishment one of the following documents: people’s identity card, citizen’s identity card, passport or other documents with personal photo and information issued by competent state agencies that are still valid for use;

b) The health establishments shall receive application forms, receive patients, compare personal information and prepare medical records;

c) The health establishments shall conduct the determination of state of drug addiction in accordance with the professional guidance of the Ministry of Health;

d) The health establishments shall make the result sheets of the determination of state of drug addiction into 02 copies made according to the form specified at Point c, Clause 1 of this Article; of which, 01 copy shall be archived in the medical record, 01 copy shall be given back to the persons who are willing to have their state of drug addiction determined.

Article 5. Dossiers, order and procedures for the determination of state of drug addiction for persons who are kept in custody in accordance with the administrative procedures and are requested to have their state of drug addiction determined at the detention place with a qualified health establishment

1. The dossier for the determination of state of drug addiction shall include:

a) A written request for the determination of state of drug addiction made by the commune-level, district-level or provincial-level public security agency (hereinafter referred to as the police agency) made according to Form No. 02 specified in the Appendix issued with this Decree;

b) A copy of the result sheet of the drug test in the body;

c) A summarized resume of the persons requested to have their state of drug addiction determined made according to Form No. 03 specified in the Appendix issued together with this Decree (hereinafter referred to as the summarized resume);

d) A copy of the decision on temporary detention in accordance with the administrative procedures;

dd) The medical record in accordance with the law regulations on medical examination and treatment;

e) The result sheet on determining the state of drug addiction made according to Form No. 05 specified in the Appendix issued together with this Decree.

2. The order and procedures for determining the state of drug addiction shall be as follows:

a) The police agencies shall send the dossier including: a request for determining the state of drug addiction, a copy of the result of a drug test in the body, a summarized resume, and a copy of the decision on temporary detention in accordance with the administrative procedures to the agency directly managing the place of temporary detention in accordance with the administrative procedures (hereinafter referred to as the place of temporary detention);

b) The agency directly managing the place of detention shall immediately transfer the dossier of the police agencies to the place of detention;

c) Immediately after receiving the dossier of the police agencies, the detention place shall transfer the dossier and the persons who are requested to have their state of drug addiction determined to the qualified health establishments to carry out the determination of state of drug addiction;

d) The health establishments shall set up the medical record and perform the determination of state of drug addiction in accordance with the professional guidance of the Ministry of Health. The temporary detention place shall be responsible for coordinating with the health establishments and ensuring the security and safety for the entire process of determining the state of drug addiction;

dd) After completing the process of determining the state of drug addiction, the health establishments shall make the result sheet of determining the state of drug addiction into 02 copies and submit them to the head of the unit for approval using the form specified at Point e, Clause 1 of this Article; of which, 01 copy shall be archived in the medical record, 01 copy shall be sent to the police agency which requests the determination of state of drug addiction.

Article 6. Dossiers, order and procedures for the determination of state of drug addiction for persons who are kept in custody in accordance with the administrative procedures and are requested to have their state of drug addiction determined at the detention place without a qualified health establishment

1. The dossier for the determination of state of drug addiction shall comply with regulations in Clause 1, Article 5 of this Decree.

2. The order and procedures for the determination of state of drug addiction shall be as follows:

a) The police agencies shall send a dossier including: a written request for the determination of state of drug addiction, a copy of the result sheet of the drug test in the body, a summarized resume, a copy of the decision on temporary detention in accordance with the administrative procedures to the qualified health establishments which are appointed by the competent agencies to perform the determination of state of drug addiction in the locality;

b) Within 24 hours after receiving the dossier of the police agencies, the health establishments shall have to send medical staff to the place of detention to perform the task;

c) The health establishments shall prepare the medical record and determine the state of drug addiction in accordance with the professional guidance of the Ministry of Health. The temporary detention place shall be responsible for coordinating with the health establishments to ensure the security and safety throughout the entire process of determining the state of drug addiction;

d) After completing the process of determining the state of drug addiction, the health establishments shall make the result sheet of determining the state of drug addiction into 02 copies and submit them to the head of the unit for approval using the form specified at Point e, Clause 1, Article 5 of this Decree; of which, 01 copy shall be archived in the medical record, 01 copy shall be sent to the police agencies which request the determination of state of drug addiction.

Article 7. Dossiers, order and procedures for the determination of state of drug addiction for persons who are not kept in custody in accordance with the administrative procedures as prescribed at Point b, Clause 2, Article 2 of this Decree

1. The order for the determination of state of drug addiction shall include regulations at Points a, b, c, dd and e, Clause 1, Article 5 of this Decree.

2. The order and procedures for the determination of state of drug addiction conducted at locations which are health establishments qualified for the determination of state of drug addiction shall be as follows:

a) The police agencies shall send a dossier including: a written request for the determination of state of drug addiction, a copy of the result sheet of the drug test in the body, a summarized resume and shall transfer persons who are requested to have their state of drug addiction determined to the health establishments qualified for the determination of state of drug addiction;

b) The health establishments shall prepare the medical record and determine the state of drug addiction in accordance with the professional guidance of the Ministry of Health. The police agencies which send the dossier shall be responsible for coordinating with the health establishments to ensure the security and safety throughout the entire process of determining the state of drug addiction;

c) After completing the process of determining the state of drug addiction, the health establishments shall make the result sheet of determining the state of drug addiction into 02 copies and submit them to the head of the unit for approval using the form specified at Point e, Clause 1, Article 5 of this Decree; of which, 01 copy shall be archived in the medical record, 01 copy shall be sent to the police agencies which request the determination of state of drug addiction.

3. The order and procedures for the determination of state of drug addiction in cases where the location is selected as agreed between the police agencies requesting the determination of state of drug addiction and the health establishments shall be as follows:

a) The police agencies shall send a dossier including: a written request for the determination of state of drug addiction, a copy of the result sheet of the drug test in the body, a summarized resume to the health establishments qualified for the determination of state of drug addiction;

b) Within 24 hours after receiving the dossier of the police agencies, the health establishments shall have to send medical staff to the selected place to perform the task;

c) The health establishments shall prepare the medical record and determine the state of drug addiction in accordance with the professional guidance of the Ministry of Health. The police agencies which send the dossier shall be responsible for coordinating with the health establishments to ensure the security and safety throughout the entire process of determining the state of drug addiction;

d) After completing the process of determining the state of drug addiction, the health establishments shall make the result sheet of determining the state of drug addiction into 02 copies and submit them to the head of the unit for approval using the form specified at Point e, Clause 1, Article 5 of this Decree; of which, 01 copy shall be archived in the medical record, 01 copy shall be sent to the police agencies which request the determination of state of drug addiction.

Article 8. Management and archive of dossiers on the determination of state of drug addiction

The management and archive of dossiers prescribed in Article 4, Article 5, Article 6 and Article 7 of this Decree shall comply with law regulations on medical examination and treatment.

Chapter III

IMPLEMENTATION PROVISIONS

Article 9. Organization of implementation

1. The Ministry of Health shall be responsible for:

a) Assuming the prime responsibility and coordinating with relevant ministries and sectors to organize the implementation of this Decree;

b) Assigning health establishment qualified for the determination of state of drug addiction under the Ministry of Health; assigning training facilities to organize specialized training on the determination of state of drug addiction;

c) Publishing on the portal of the Ministry of Health the list of health establishments qualified for the determination of state of drug addiction under its management.

2. The Ministry of Public Security shall be responsible for:

a) Coordinating with the Ministry of Health to organize the implementation of this Decree;

b) Assigning health establishments qualified for the determination of state of drug addiction under the Ministry of Public Security;

c) Directing the public security forces at all levels to organize the implementation of this Decree; ensuring the security and order at establishments which conduct the determination of state of drug addiction in accordance with law regulations in this Decree;

d) Publishing on the portal of the Ministry of Public Security the list of health establishments qualified for the determination of state of drug addiction under its management

3. The Ministry of Labor, Invalids and Social Affairs shall be responsible for:

a) Coordinating with the Ministry of Health to organize the implementation of this Decree;

b) Instructing, inspecting and urging units in the sector of Labor, Invalids and Social Affairs to implement this Decree.

4. The Ministry of Defence shall be responsible for:

a) Coordinating with the Ministry of Health to organize the implementation of this Decree;

b) Assigning health establishments qualified for the determination of state of drug addiction under its management;

c) Instructing, inspecting and urging units under the Ministry of Defence to implement this Decree;

d) Publishing on the portal of the Ministry of Defence the list of health establishments qualified for the determination of state of drug addiction under its management

5. People’s Committees of provinces and centrally-run cities shall be responsible for:

a) Directing relevant Departments, sectors, branches and agencies to take responsibility for implementing this Decree;

b) Issuing coordination regulations on the implementation of determination of state of drug addiction in their locality;

c) Directing the Departments of Health to assign health establishments qualified for the determination of state of drug addiction to the subjects specified at Points a, b, c and d, Clause 1, Article 27 of the Law on Drug Prevention and Control in accordance with their respective management locality; providing guidance and assign tasks to training facilities to organize specialized training on the determination of state of drug addiction; publishing the list of qualified health establishments having been assigned on the portal of their unit;

d) Directing the Departments of Public Security of provinces and centrally-run cities to assign the health establishments qualified for the determination of state of drug addiction to the subjects specified at Points a, b, c and d, Clause 1, Article 27 of the Law on Drug Prevention and Control in accordance with their respective management locality. Publishing the list of qualified health establishments having been assigned on the portal of their unit;

dd) Directing the coordination, the maintenance of security and safety for medical staff conducting the determination of state of drug addiction at establishments in charge of determining the state of drug addiction.

6. Ministries, central agencies, People's Committees of provinces and centrally-run cities shall allocate budgets for implementing the determination of state of drug addiction for persons who are requested to have their state of drug addiction determined in accordance with the decentralization of the Law on State Budget.

7. Health establishments qualified for the determination of state of drug addiction shall be responsible for:

a) Appointing medical staff in charge of determining the state of drug addiction to participate in trainings and update professional knowledge on the determination of state of drug addiction;

b) Assigning medical staff who meet professional conditions to conduct the determination of state of drug addiction;

c) Complying with the professional guidelines of the Ministry of Health on the determination of state of drug addiction.

Article 10. Effect

This Decree takes effect from January 01, 2022.

Article 11. Transitional provisions

Physicians whose certificate of practice on medical examination and treatment being issued before the date on which this Decree takes effect, who are working on the determination of state of drug addiction shall be allowed to continue to determine the state of drug addiction.