VietnameseLaw on drug prevention and fight, No. 23/2000/QH10
ATTRIBUTE Law on drug prevention and fight
Law No. 23/2000/QH10 dated December 9, 2000 of the National Assembly on drug prevention and fight
| Issuing body: | National Assembly of the Socialist Republic of Vietnam | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 23/2000/QH10 | Signer: | Nong Duc Manh |
| Type: | Law | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 09/12/2000 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Public order |
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THE NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No: 23/2000/QH10 | Hanoi, December 09, 2000 |
LAW
ON DRUG PREVENTION AND FIGHT
(No. 23/2000/QH10 of December 9, 2000)
Drug-related evils pose a great danger to the entire society, causing harms to the health, degenerating the race and human dignity, undermining the family happiness and causing serious effects on social order and safety as well as national security.
To effectively prevent, check and fight the drug-related evils;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes drug prevention and fight,.
Chapter I
GENERAL PROVISIONS
Article 1.- This Law prescribes the prevention and checking of as well as the fight against drug-related evils; the control of lawful activities related to drug; the responsibilities of individuals, families, agencies and organizations in drug prevention and fight.
Article 2.- In this Law, the following terms are construed as follows:
1. Narcotic substances are addictive substances, centripetalneurotropic substances, prescribed in the lists promulgated by the Government.
2. Additive substances are neurogenic or neurosuppressible substances easily causing addiction to users.
3. Centripetalneurotropic substances are those which stimulate or inhibit nerves or cause illusion, may cause addiction to users if they are used repeatedly for many times.
4. Pre-substances are chemicals indispensible in process of preparation and production of narcotics, specified in the lists promulgated by the Government.
5. Addictive medicines, centripetalneurotropic medicines are curative medicines prescribed in the lists promulgated by the Health Ministry, which contain substances prescribed in Clause 2 and Clause 3 of this Article.
6. Narcotic- bearing plants include opium poppy, coca, marijuana or other plants carrying narcotics, prescribed by the Government.
7. Drug prevention and fight means preventing, checking and fighting drug-related evils and controlling lawful activities related to drug.
8. Drug-related evils mean drug addiction, drug-related crimes and other illegal acts concerning drug.
9. Lawful drug-related activities include activities of researching, expertising, producing, transporting, preserving, storing, selling and buying, distributing, using, treating, exchanging, importing, exporting and/or transiting substances prescribed in Clauses 1, 4 and 5 of this Article, permitted by the competent State bodies under the provisions of law.
10. Control of drug-related lawful activities means permitting, monitoring, inspecting and supervising the activities prescribed in Clause 9 of this Article and preventing and checking the abuse of such activities for other purposes.
11. Drug addicts are persons who use narcotic substances, addictive medicines, centripetalneurotropic medicines and depend on such substances.
Article 3.-The following acts are strictly forbidden:
1. Cultivating narcotic-bearing plants;
2. Illegally producing, storing, transporting, preserving, buying, selling, distributing, expertising, exchanging, exporting, importing, transiting, researching into or appropriating narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines;
3. Illegally using, organizing the illegal use of, drug; inciting, coercing, inducing, harboring and/or supporting the illegal use of narcotic substances;
4. Producing, storing, transporting, buying and selling means and tools for use in the illegal production and/or use of narcotic substances;
5. Legalizing money and/or property acquired through the commission of drug-related crimes;
6. Opposing or obstructing the drug detoxication;
7. Retaliating or obstructing responsible people or persons participating in drug prevention and fight;
8. Abusing positions, powers and occupations to breach the legislation on drug prevention and fight.
9. Other illegal drug-related acts.
Article 4.-
1. Drug prevention and fight is the responsibility of individuals, families, agencies, organizations and the entire society.
2. The State adopts policies to encourage and protect individuals, families, agencies and organizations participating in preventing and fighting drug-related evils; organize the fight against drug-related crimes and synchronously employ economic, legal, cultural, social and professional measures to propagate and mobilize people, public servants, officers and men of the people�s armed forces to take part in the drug prevention and fight; to combine drug prevention and fight with the prevention of and fight against crimes of different types, HIV/AIDS and other social vices.
Article 5.-
1. The Vietnamese State implements international treaties on drug prevention and fight and other relevant international agreements which the Socialist Republic of Vietnam has signed or acceded to on the principle of respect for each other’s independence, sovereignty, territorial integrity and mutual benefits; cooperates with other countries, international organizations, foreign organizations and individuals in drug prevention and fight activities.
2. Foreign individuals and organizations entering, leaving, transiting, residing and traveling on the Vietnamese territory shall have to abide by the regulations of this Law and other regulations of the Vietnamese legislation on drug prevention and fight.
Chapter II
RESPONSIBILITIES FOR DRUG PREVENTION AND FIGHT
Article 6.- Individuals and families shall have the responsibility to:
1. Educate family members and relatives about harms caused by drug and the observance of law provisions on drug prevention and fight; strictly manage and prevent family members from involving in drug-related evils;
2. Strictly observe the doctors’ instructions on the use of addictive medicines and entripetalneurotropic medicines for treatment of ailments;
3. Oppose drug-related illegal acts committed by relatives and other persons;
4. Participate in or support activities related to drug detoxication at detoxication establishments and communities; monitor and help persons who have given up drug addiction to integrate into the community; prevent and combat the relapse into addiction.
Article 7.- Individuals, families, agencies and organizations have the responsibility to detect and promptly supply information on drug-related evils to police offices or other competent bodies. The competent State bodies shall have to consider and settle in time the information and denunciations on drug-related evils.
Article 8.-
1. Individuals, families, agencies and organizations have the responsibility to detect and promptly report to the competent State bodies the cultivation of narcotic-bearing plants; actively participate in the destruction of narcotic-bearing crops, organized by local administration.
2. In regions where the narcotic-bearing plants must be got rid of, the State bodies shall, within the scope of their respective tasks and powers, have the responsibility to organize the implementation of the State’s undertaking and policies on the development of agricultural and forestry production to substitute the cultivation of narcotic-bearing plants; plan appropriate agricultural, forestry, industrial and service structure so that people shift their production with efficiency.
Article 9.- The Vietnam Fatherland Front and its member organizations as well as other organizations shall, within the scope of their respective tasks and powers, have the responsibility to:
1. Organize and coordinate with competent bodies in the propagation and education among people about knowledge and legislation on drug prevention and fight; build a healthy and civilized social environment;
2. Prevent and stay their people and all citizens from involving in drug- related evils;
3. Supervise the drug prevention and fight activities in agencies, schools, other educational institutions and population quarters;
4. Coordinate with the administrations at all levels and competent bodies in mobilizing drug addicts to give up addiction; participate in providing education and job-training and seeking jobs for and helping people who have given up addiction integrate into the community; prevent and combat the relapse into addiction.
Article 10.- The schools and other educational institutions have the responsibility to:
1. Organize the implementation of the education program on drug prevention and fight; to educate pupils, students and trainees in the legislation on drug prevention and fight as well as the healthy way of life; strictly manage and prevent pupils, students and trainees from involving in drug-related evils;
2. Coordinate with families, agencies, organizations and local administration in managing and educating pupils, students and trainees about drug prevention and fight;
3. Coordinate with health bodies and local administration in organizing tests when necessary in order to detect drug addicts among pupils, students and trainees.
Article 11.- The State agencies and people’s armed force units shall, within the scope of their tasks and powers, have to organize the drug prevention and fight in their respective agencies and units; to prevent and stay their officials and employees, officers and men of the people’s armed force units from involving in drug-related evils; to propagate and encourage officials and employees as well as officers and men of people’s armed force units and people to detect, denounce and combat the drug-related evils.
Article 12.- The information and propagada agencies have the responsibility to coordinate with agencies, organizations and people’s armed force units in organizing the propagation and education of people in realizing clearly the harms caused by drug; the State’s undertakings, policies, legislation and measures on drug prevention and fight.
Article 13.-
1. The drug prevention and fight agencies of the people’s police force may carry out the following activities:
a) Assuming the prime responsibility and coordinating with the concerned agencies to carry out activities to prevent and fight drug-related crimes in the border and inland regions;
b) Applying necessary scouting measures to detect drug-related crimes;
c) Requesting expertise of necessary specimen, bio-product samples to detect drug-related crimes;
d) Requesting concerned individuals, families, agencies and/or organizations to supply information, documents, financial situation and accounts at banks when there are grounds to believe that acts prescribed in Clauses 1, 2, 3, 4, 5 and 8, Article 3 of this Law are committed;
e) Requesting post offices to open parcels, postal matters for inspection when there are grounds to believe that such parcels, postal matters contain narcotic substance, pre-substances, addictive medicines, entripetalneurotropic medicines;
f) Applying necessary measures to protect denouncers, witnesses and victims in drug-related cases.
2. Individuals, families, agencies and organizations defined at Points d and e of Clause 1 of this Article shall have to strictly satisfy the requests of drug prevention and fight agencies, if any.
3. The Government shall specify the conditions, procedures, competence and responsibility of the drug prevention and fight agencies in carrying out activities prescribed in Clause 1 of this Article.
Article 14.-
1. Individuals, families, agencies and organizations participating in drug prevention and combat activities shall be protected and kept confidential by the State.
2. Where individuals, families, agencies and/or organizations participating in drug prevention and fight suffer from material losses, they shall be compensated therefor by the State; where individuals are injured, harmed in their health or lose their lives, they themselves or their families shall be entitled to special regimes and policies as prescribed by the Government.
3. Police offices, customs offices, border guards, coast guards, procuracies, courts and administration at all levels shall, within the scope of their tasks and powers, have to implement the provisions in Clause 1 of this Article.
Chapter III
CONTROL OF LAWFUL DRUG-RELATED ACTIVITIES
Article 15.- The research into, expertise, production, transportation, preservation, storage, purchase and sale, distribution, use, processing, exchange, import, export and transit on the Vietnamese territory of narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines must be tightly controlled under the provisions of law.
Article 16.-
1. Individuals, agencies and organizations entitled to transport narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines must pack and seal them under the regulations of competent bodies, take responsibility for the quantity and quality of their commodities and take measures to safely protect them without letting them be lost.
2. The transportation of substances prescribed in Clause 1 of this Article by foreign agencies, organizations and individuals on the Vietnamese territory must comply with the provisions of Vietnamese laws.
Article 17.- The storage, preservation, prescription and sale of addictive medicines and centripetalneurotropic medicines for treatment of illnesses at medical establishments must comply with the regulations of the Health Ministry.
Article 18.- Individuals, agencies and organizations carrying out activities prescribed in Articles 15, 16 and 17 of this Law must compile dossiers on such activities under the regulations of the competent State management bodies and notify the concerned agencies thereof, when so requested, for coordinated management and tight control.
Article 19.- Only agencies and organizations which fully meet the conditions prescribed by the Government are allowed to import and/or export narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines.
Article 20.-
1. In cases where narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines are transited on the Vietnamese territory, the Vietnamese Public Security Minister’s permit for such transit is required. The organizations requesting the transit shall have to file their applications and dossiers asking for the transit permits, enclosed with the permits of the exporting countries and the importing countries to Vietnamese Ministry of Public Security for carrying out the procedures.
The transit permits shall be addressed to the applying organizations, the customs offices at the border-gates where the transit goods are transported through and other relevant agencies. A permit is valid for one transit within the time limit prescribed therein.
2. The transiting of substances prescribed in Clause 1 of this Article must strictly adhere to the itineraries inscribed in the transit permits. The organizations transporting transit goods must carry out the procedures and be subject to the inspection by the customs and other competent bodies of Vietnam.
Article 21.- All cases of transporting narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines into, out of or in transit on the Vietnamese territory without import, export and/or transit permits or not in compliance with other relevant provisions of Vietnamese legislation on transport, import, export and/or transit, shall be considered illegal transportation.
Article 22.- The delivery, receipt, transport, storage, preservation, use, import, export and/or transit of narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines for defense or security purposes shall comply with the regulations of the Government.
Article 23.-
1. The carriage of a limited quantity of reserve addictive medicines, centripetalneurotropicdrugs for first-aid or emergency treatment in the iteneraries or international tours on ships, airplanes, trains, cars or other transport means shall not be considered the transport of export, import or transit goods on the Vietnamese territory.
The transport means commanders or operators shall have to carry out the procedures for declaration with the customs offices of Vietnam, explain the volume of medicines already used and apply appropriate safety measures to prevent the use not for the right purposes or illegal transport of such medicines. When necessary, the competent bodies of Vietnam may carry out inspection and control on such transport means.
2. The bringing along of addictive medicines and/or centripetalneurotropic medicines for treatment of personal ailments when being on entry, exit or transit on the Vietnamese territory shall comply with the regulations of the Health Ministry of Vietnam and be subject to the inspection by competent bodies of Vietnam.
Article 24.-
1. Narcotic substances, addictive medicines and centripetalneurotropic medicines, which are seized in criminal cases must be destroyed except where the narcotic substances, addictive medicines and centripetalneurotropic medicines are used in drug-related lawful activities and appropriated, which must be returned to their owners.
2. The handling of addictive medicines and/or centripetalneurotropic medicines of poor quality or with expired dates shall comply with regulations of the Health Ministry.
3. The handling of narcotic substances, addictive medicines and/or centripetalneurotropic medicines which do not fall under the cases prescribed in Clauses 1 and 2 of this Article and pre-substances shall comply with the regulations of the Government.
Chapter IV
DRUG DETOXICATION
Article 25.- The State shall adopt the policy of encouraging the voluntary drug detoxication; apply the detoxication regime to drug addicts; organize compulsory detoxication establishments and encourage individuals, families, agencies and organizations to apply form of family-based or community-based detoxication; encourage domestic and foreign organizations and individuals to support drug detoxication activities.
Article 26.-
1. Drug addicts have the responsibility to:
a) Declare by themselves the state of their drug addiction to the agencies or organizations where they have worked or the administrations of the localities where they have resided and register by themselves for forms of detoxication;
b) Strictly abide by the regulations on drug detoxication.
2. Drug addicts’ families have the responsibility to:
a) Report to the local administrations on the drug addicts in their own families and the addiction state of such persons;
b) Assist the drug addicts to apply the family-based detoxication under the guidance and supervision of medical workers and local administration;
c) Monitor, supervise, prevent or stay the addicts from illegally using narcotic substances or committing acts of disturbing social order and safety;
d) Help the competent bodies to send drug addicts to detoxication establishments and contribute funds for detoxication under the provisions of law.
Article 27.- Forms of family- or community-based detoxication shall apply to all drug addicts. The local agencies and organizations shall have to support, inspect and supervise the family- and community-based detoxication activities.
The Government shall specify the organization of family- and community- based detoxication.
Article 28.-
1. Drug addicts aged full 18 years or older, who have been placed under the family- or community- based detoxication or educated time and again in communes, wards, district towns, but kept on addicting or had no fixed residence places, must be put into compulsory detoxication establishments.
2. The sending of drug addicts into compulsory detoxication establishments shall be effected by decisions of the presidents of the People’s Committees of rural districts, urban districts, provincial towns and cities. The time limit for detoxication at compulsory detoxication establishments shall range from one to two years.
3. Those drug addicts who voluntarily file their applications for detoxication shall be admitted for detoxication at compulsory detoxication establish-ments and not be considered having been handled for administrative violations.
4. The organization and operation of compulsory detoxication establishments, the compulsory detoxication regime and the procedures to consign drug addicts defined in Clause 1 of this Article to compulsory detoxication establishments shall comply with the law provisions on handling of administrative violations.
Article 29.-
1. Drug addicts aged between full 12 and under 18 years, who have been detoxicated in families or communities or educated time and again in communes, wards or district towns but kept addicting or had no fixed residence places, shall be sent to compulsory detoxication establishments reserved for them.
2. Drug addicts aged between full 12 and under 18 years, who apply either voluntarily on their own or under their families’ applications for detoxication shall be admitted into compulsory detoxication establishments reserved for them.
3. The detoxication for drug addicts defined in Clauses 1 and 2 of this Article shall not be considered the handling of administrative violations.
4. The organization and operation of compulsory detoxication establishments, the competence, duration and regime of detoxication, the procedures for consigning drug addicts prescribed in Clauses 1 and 2 of this Article into compulsory detoxication establishments shall be stipulated by the Government.
Article 30.- During the compulsory detoxication period, the drug addicts have the responsibility to:
1. Abide by the internal regulations and be subject to the management and education by the compulsory detoxication establishments;
2. Labor, study and have medical treatment for detoxication and contribute to ensuring the life during the detoxication period.
Article 31.- The State applies appropriate detoxication methods for drug addicts being detainees, convicts, inmates of education establishments, pupils of reformatory schools. Agencies managing these establishments shall closely coordinate with the local medical bodies in implementing this regulation.
Article 32.-
1. In the detoxication establishments, the following drug addicts must be arranged in areas isolated from other drug addicts for management and medical treatment:
a) Juveniles;
b) Women;
c) Persons affected with dangerous contagious diseases;
d) Persons detoxicated for many times or committing acts of disturbing order.
2. The detoxication establishments have the responsibility to strictly comply with the detoxication methods already approved by competent bodies; organize labor, study and medical treatment for drug detoxicators.
3. Heads of the detoxication establishments may decide the application of coercive measures prescribed by law to strictly manage, educate and medically treat the drug detoxicators and request the local administration and people’s armed forces to assist when necessary.
The local administrations and the people’s armed forces have the responsibility to coordinate with one another in the implementation of measures to protect the detoxication establishments and support officials and employees in these establishments when so requested.
4. The detoxication establishments must respect the honor, dignity, lives, health and property of drug detoxicators.
Article 33.- People who have given up their drug addiction shall be received and given conditions by local administrations, families and organizations for job learning, job seeking, capital borrowing and participation in social activities so as to integrate themselves into the community.
The concerned individuals, families, agencies and organizations have the responsibility to support the local administrations in managing, educating, supervising and combating relapse into addiction for drug detoxicators.
Article 34.- The People’s Committees of all levels in localities with drug addicts shall have to work out plans on organization of drug detoxication, prevention of and combat against relapse into drug addiction in the localities; direct the labor- war invalid and social affairs offices to assume the prime responsibility and coordinate with police offices, health bodies, educational and training institutions of the same level and relevant bodies as well as organizations in organizing drug detoxication, management and education of drug addicts and drug detoxicators; support and create conditions for drug detoxicators to integrate themselves into the community.
Article 35.-
1. Fund for building material foundations, organizing compulsory detoxication and carrying out the activities prescribed in Articles 31 and 34 of this Law shall include:
a) State budget;
b) Contributions from drug detoxicators and their families;
c) Financial support from domestic and foreign organizations and individuals.
2. Drug addicts, their spouses, parents of juvenile drug addicts shall have to contribute detoxication fund under the regulations of the Government; those who meet with financial difficulties shall be considered for reduction or exemption of fund contributed to detoxication.
3. Drug detoxication establishments may receive contributions, financial supports of domestic individuals, families, agencies and organizations as well as foreign organizations and individuals to organize detoxication for drug addicts and have to manage and use such contributions and supports according to the provisions of law.
Chapter V
STATE MANAGEMENT OF DRUG PREVENTION AND FIGHT
Article 36.- The contents of State management of drug prevention and fight shall include:
1. Drawing up and organizing the implementation of strategies, guidelines, policies and plans on drug prevention and fight;
2. Promulgating and organizing the implementation of legal documents on drug prevention and fight;
3. Organizing the apparatus, training, fostering of cadres on drug prevention and fight;
4. Promulgating, amending, supplementing and announcing lists of narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines;
5. Granting and withdrawing permits for lawful drug-related activities;
6. Deciding the setting up and dissolution of compulsory drug detoxication establishments; granting and withdrawing operation permits of other drug detoxication institutions; organizing and managing the drug detoxication and community integration for persons who have been detoxicated;
7. Organizing the drug-related crime prevention and fight;
8. Making State statistics on drug prevention and fight;
9. Organizing research into and application of scientific and technological advances to drug prevention and fight;
10. Organizing propagation and education about drug prevention and fight;
11. Undertaking international cooperation in drug prevention and fight;
12. Examining, inspecting and settling complaints and denunciations, and handling violations of the legislation on drug prevention and fight.
Article 37.-
1. The Government performs the uniform State management of drug prevention and combat.
2. The Ministry of Public Security shall take responsibility before the Government for coordinating with the ministries, ministerial-level agencies and agencies attached to the Government in performing the uniform State management of drug prevention and fight.
3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within the scope of their tasks and powers, have to carry out and coordinate with concerned agencies in drug prevention and fight.
4. The People�s Committees of all levels shall perform the State management of drug prevention and fight in their respective localities; direct the propagation and education about and organize the drug prevention and fight in their localities; manage the drug detoxication and community integration for people who have been detoxicated.
Article 38.-
1. The Ministry of Public Security shall have the responsibility to:
a) Work out and organize the implementation of strategies, guidelines, policies and plans on drug-related crime prevention and fight; sum up the results of implementing the drug prevention and fight plans of the ministries and branches for submission to the Government;
b) Assume the prime responsibility and coordinate with concerned State bodies in the struggle for drug-related crime prevention and fight; organize the reception and processing of information on drug-related crimes;
c) Promulgate and organize the implementation of the regulations on management of narcotic substances and pre-substances in service of the struggle against drug-related crimes;
d) Organize forces for investigation of drug-related crimes, guide other agencies in conducting the preliminary investigation of such crimes according to the provisions of law;
e) Organize the expertise of narcotic substances, pre-substances;
f) Organize the apparatus, training and fostering of personnel engaged in the investigation of drug-related crimes, the struggle to prevent and combat them as well as the expertise of narcotic substances and pre-substances;
g) Make the State statistics on drug prevention and fight; manage the information on drug-related crimes;
h) Coordinate with the Ministry of Labor, War Invalids and Social Affairs in directing the making of dossiers and organizing the consignment of drug addicts to compulsory detoxication establishments, maintain security and order at detoxication establishments, inspect the detoxication activities in communities and detoxication establishments;
i) Effecting international cooperation on drug-related crime prevention and fight.
2. The Minister of Public Security shall grant and withdraw permits for transiting narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines through the Vietnamese territory; grant and withdraw permits for import and/or export of narcotic substances for use in the struggle against criminals.
Article 39.- The Ministry of Labor, War Invalids and Social Affairs shall have the responsibility to:
1. Work out and organize the implementation of strategies, guidelines, policies and plans on organizing drug detoxication; direct the organization of drug detoxication and settle post-detoxication social problems;
2. Organize the apparatus, training and fostering of cadres engaged in the work of drug detoxication and the settlement of post-detoxication social problems;
3. Take initiative in coordinating with concerned agencies, organizations and local administrations in building and guiding the operation of drug detoxication establishments; provide of training, job creation, employment consultancy, support, material and moral assistance for drug detoxicators to integrate themselves into the community; prevent and combat relapse into addiction;
4. Make statistics on and evaluate the detoxication situation and the settlement of post-detoxication social problems;
5. Guide and direct the setting up and dissolution of compulsory detoxication establishments; grant and withdraw operation permits of other drug detoxication institutions;
6. Effect international cooperation on drug detoxication and settlement of post-detoxication social problems.
Article 40.-
1. The Health Ministry shall have the responsibility to:
a) Promulgate lists and regulations on management of addictive medicines, centripetalneurotropic medicines, pre-substances used in the health domain and organize the implementation of such regulations; promulgate and take initiative in coordinating with concerned agencies in organizing the implementation of the regulations on management of narcotic substances used in the domains of public health, scientific analysis, test and research;
b) Stipulate the research into detoxication medicines and methods; grant and withdraw permits for circulation of detoxication medicines, or for the application of detoxication methods; provide human and medically technical supports for drug detoxication;
c) Effect international cooperation in control of addictive medicines, centripetalneurotropic medicines, pre-substances used in the domains of public health, scientific analysis, test and research.
2. The Health Minister shall grant and withdraw permits for import and/or export of detoxication medicines, addictive medicines, centripetalneurotropic medicines, narcotic substances, pre-substances used in the domains of public health, scientific analysis, test and research.
Article 41.-
1. The Ministry of Industry shall have the responsibility to:
a) Promulgate lists and regulations on management of pre-substances used in the industrial domain and organize the implementation of such regulations;
b) Effect international cooperation in control of pre-substances used in the industrial domain.
2. The Industry Minister shall grant and withdraw the permits for import and/or export of pre-substances for use in the production domain, except for cases prescribed in Clause 2, Article 40 of this Law.
Article 42.- The Ministry of Education and Training shall have the responsibility to promulgate and organize the implementation of the educational program on drug prevention and fight; elaborate and organize the implementation of projects on education of the drug prevention and fight in schools and other educational institutions.
Article 43.- The Ministry of Agriculture and Rural Development shall have to coordinate with the Committee for Ethnic Minorities and Mountain Regions as well as other concerned agencies and organizations in propagating, educating and organizing the elimination of narcotic-bearing plants; carry out the program on support for efficient production shift and stabilization of people�s life.
Article 44.-
1. The customs offices, border-guards and coast guards shall, within the scope of their tasks and powers, have to closely coordinate with the police offices and local administrations in inspecting, controlling, detecting and handling acts of illegally buying, selling or trafficking narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines across the borders according to the provisions of law.
2. Agencies defined in Clause 1 of this Article may coordinate with concerned agencies of other countries under the provisions in Chapter VI of this Law in detecting and/or preventing acts of illegally buying, selling and/or trafficking narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines across the border.
Article 45.- The agencies defined in Article 37 thru Article 44 of this Law shall, within the scope of their respective tasks and powers, have the responsibility to:
1. Examine and inspect the observance of regulations on management of lawful drug-related activities; drug-related crime prevention and combat; drug detoxication and post-detoxication management; scientific research, professional training in drug prevention and fight;
2. Handle administrative violations according to the provisions of law and request the investigating bodies to prosecute, investigate acts with signs of drug-related crimes.
Chapter VI
INTERNATIONAL COOPERATION IN DRUG PREVENTION AND FIGHT
Article 46.- The Vietnamese State adopts the policy of multilateral and bilateral international cooperation in the field of drug prevention and fight on the principle of respect for each other’s national independence and sovereignty with Southeast Asian countries and other countries in the world; encourage international organizations, foreign organizations and individuals to cooperate with Vietnamese agencies and/or organizations for mutual support in material foundations, enhancement of legal capacity, information, technology and training for drug prevention and combat activities.
Article 47.- On the basis of the provisions of this Law and relevant international agreements which Vietnam has signed or acceded to, the competent agencies of Vietnam shall effect the programs for drug prevention and combat cooperation with concerned agencies of other countries, international organizations, foreign organizations and individuals.
Article 48.- The coordination between the concerned agencies of Vietnam and those of concerned countries in settling specific drug cases must comply with the provisions of the international agreements which Vietnam and such concerned countries have signed or acceded to, or with the direct agreements reached between the Vietnamese Government and the governments of the concerned countries.
Article 49.-
1. The Vietnamese State shall give priority to providing the countries which have signed bilateral agreements with Vietnam with the legal assistance in investigating, prosecuting and adjudicating drug-related crimes.
2. The Vietnamese State may deny the legal assistance in the following cases:
a) The request for legal assistance does not conform to international treaties on drug prevention and fight, which Vietnam has signed or acceded to, and Vietnamese laws;
b) The satisfaction of the request for legal assistance causes harms to the national sovereignty, security or other important interests of Vietnam.
Article 50.- In cases where Vietnam and the concerned country have not together acceded to multilateral agreements or have not yet signed with each other bilateral agreements, the judiciary bodies of Vietnam shall, within the framework of laws and their own practical situation, reach direct agreement with judiciary bodies of the concerned country on the investigation, prosecution and trial of drug-related crimes.
Article 51.- The Vietnamese State shall request the controlled goods transfer on the basis of international agreements which Vietnam has signed or acceded to in order to detect and examine for penal liability persons who commit drug-related crimes. The decisions to apply this measure shall be made according to the agreement reached between competent bodies of Vietnam and those of the concerned countries.
Chapter VII
COMMENDATION, REWARD, AND HANDLING OF VIOLATIONS
Article 52.- Individuals, families, agencies and/or organizations that have recorded achievements in the struggle for drug prevention and fight shall be commended and/or rewarded according to the provisions of law.
Article 53.-
1. All acts of breaching the legislation on drug prevention and fight must be handled in a prompt, strict and fair manner according to the provisions of law; the handling must be resolute, open and notified to agencies, organizations or local administrations where the violators work or reside.
2. Those who use their own property and/or means to harbor or create conditions for illegal drug-related activities; fail to meet or do no fully meet the requests of competent drug prevention and fight bodies; obstruct, oppose, infringe upon the lives, health, honor and dignity of denouncers, witnesses, victims, persons on official duty or commit other acts of violating the provisions of this Law shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability; if causing damage, they must pay compensations therefor as prescribed by law.
3. Those who abuse their positions and powers and breach the provisions of this Law while performing drug prevention and combat duties shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage they must make compensations therefor as prescribed by law.
Article 54.- The complaints and denunciations about violations of the legislation on drug prevention and fight and the settlement thereof shall comply with the provisions of the legislation on settlement of complaints and denunciations.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 55.- This Law takes effect for implementation as from June 1, 2001.
The previous provisions contrary to this Law shall all be annulled.
Article 56.- The Government shall detail and guide the implementation of this Law.
This Law was passed on December 9, 2000 by the National Assembly of the Socialist Republic of Vietnam, Xth Legislature, 8th session.
NATIONAL ASSEMBLY CHAIRMAN Nong Duc Manh |
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