Law amending Law on drug prevention and control 2008, No.16/2008/QH12

THE STATE PRESIDENT

ORDER No. 11/2008/L-CTN OF JUNE 12, 2008, ON THE PROMULGATION OF LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 50 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law Amending and Supplementing a Number of Articles of the Law on Drug Prevention and Control,

which was passed on June 3, 2008, by the XIIth  National Assembly of the Socialist Republic of Vietnam at its 3rd  session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON DRUG PREVENTION AND CONTROL

(No. 16/2008/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 23/2000/QH10 on Drug Prevention and Control.

Article 1.- To amend and supplement a number of articles of the Law on Drug Prevention and Control:

1. To amend and supplement Article 13 as follows:

“Article 13.-

1. Drug-related crime prevention and control agencies of the People’s Police may:

a/ Assume the prime responsibility for, and coordinate with concerned agencies in, carrying out activities to stop, prevent and fight drug-related crimes;

b/ Take necessary professional scouting measures to detect drug-related crimes;

c/ Request the appraisal of necessary specimens and biological samples to detect drug-related crimes;

d/ Request concerned individuals, families, agencies and organizations to supply information, documents, financial status and bank accounts when there are grounds to believe that acts specified in Clauses 1, 2, 3, 4, 5 and 8, Article 3 of this Law are committed;

e/ Request post offices to open postal parcels or mails for examination when there are grounds to believe that such parcels or mails contain narcotic substances, pre-substances, addictive drugs and psychotropic drugs;

f/ Take necessary measures to protect denouncers, witnesses and victims in drug-related cases.

2. Individuals, families, agencies and organizations shall comply with the requests of drug-related crime prevention and control agencies at Points d and e, Clause 1 of this Article.

3. Drug-related crime prevention and control agencies of the Border Guard, Marine Police and Customs shall, within the ambit of their tasks and powers, assume the prime responsibility for, and coordinate with the police and other concerned agencies in, taking necessary measures according to law in order to prevent, stop and deal with acts of illegally trading in and transporting narcotic substances, pre-substances, addictive drugs and psychotropic drugs in areas or localities under their management and control.

4. The Government shall specify the conditions and procedures for, and powers and responsibilities of drug-related crime prevention and control agencies in, implementing or coordinating in the implementation of, the activities specified in Clauses 1 and 3 of this Article.”

2. To amend and supplement Article 25 as follows:

“Article 25.-

The State’s policies on drug detoxication include:

1. Applying detoxication regimes to drug addicts, encouraging voluntary detoxication by drug addicts;

2. Organizing compulsory drug detoxication establishments;

3. Encouraging individuals, families, agencies and organizations to organize voluntary detoxication for drug addicts, supporting activities of  detoxication, post-detoxication management and prevention and control of relapse into drug addiction; researching, manufacturing and using medicines and methods for drug detoxication;

4. To support funds for the detoxication, post-detoxication management and prevention and control of relapse into drug addiction;

5. Domestic and foreign organizations and individuals supporting and investing in the detoxication, post-detoxication management and prevention and control of relapse into drug addiction are entitled to incentive policies according to law.”

3. To amend and supplement Article 26 as follows:

“Article 26.-

1. A drug addict shall:

a/ Report on his/her drug addiction conditions to the agency or organization where he/she works or the People’s Committee of the commune, ward or township (below referred to as commune level) where he/she resides, and register the form of detoxication;

b/ Strictly observe regulations on drug detoxication.

2. The family of a drug addict shall:

a/ Report on its drug addict to the commune-level People’s Committee and register the form of detoxication for that addict;

b/ Encourage, assist and manage the drug addict who receives family- or community-based detoxication under the guidance and supervision of health workers and the commune-level People’s Committee;

c/ Oversee, supervise, prevent and stop the drug addict from illegally using narcotic substances or committing acts of disturbing social order and safety;

d/ Assist competent agencies in admitting the drug addict to a detoxication establishment and pay detoxication expenses according to law.

3. A commune-level People’s Committee shall organize the reporting on drug addiction conditions by drug addicts or their families and the registration of  detoxication forms.”

4. To add the following Article 26a to after Article 26:

“Article 26a.-

1. Detoxication methods comprise:

a/ Voluntary detoxication;

b/ Compulsory detoxication.

2. Forms of detoxication comprise:

a/ Family-based detoxication;

b/ Community-based detoxication;

c/ Detoxication in detoxication establish-ments.”

5. To amend and supplement Article 27 as follows:

“Article 27.-

1. Family- or community-based detoxication may apply to drug addicts who voluntarily receive detoxication, unless drug addicts voluntarily receive detoxication at detoxication establishments.

A drug addict who refuses to be detoxified is subject to community-based compulsory detoxication under the decision of the president of a commune-level People’s Committee.

2. Family- or community-based detoxication lasts between six and twelve months.

3. A commune-level People’s Committee shall organize community-based detoxication and guide and support family-based detoxication.

4. The Government shall specify the organization of family- and community-based detoxication and the order of and procedures for applying community-based compulsory detoxication.”

6. To amend and supplement Article 31 as follows:

“Article 31.-

1. The State applies appropriate detoxification methods to drug addicts being detainees, convicts, inmates of educational institutions and pupils of reformatories. Agencies managing these establishments shall closely coordinate with local health agencies in implementing this provision.

2. Prison and detention camp warders, directors of educational institutions and principals of reformatories shall notify commune-level People’s Committees of the detoxication of drug addicts prescribed in Clause 1 of this Article when they return to their places of residence.”

7. To add the following Article 32a to after Article 32:

“Article 32a.-

A person who commits a crime while under compulsory detoxication at a detoxication establishment shall continue his/her detoxication at a compulsory detoxication establishment after serving his/her sentence if the duration of his/her imprisonment is shorter than that of compulsory detoxication or if he/she is subjected to non-custody reform or a suspended sentence.”

8. To amend and supplement Article 33 as follows:

“Article 33.-

1. After completing compulsory detoxication at a detoxication establishment, a drug addict is subject to post-detoxication management for between one and two years in either of the forms below:

a/ Management at the place of residence by a commune-level People’s Committee for persons other than those defined at Point b of this Clause;

b/ Management at a post-detoxication management establishment for persons facing high risks of relapsing into drug addiction.

2. Post-detoxication management covers:

a/ Managing, guiding and assisting the prevention and control of relapse into drug addiction; supporting detoxified persons subject to the management at their places of residence in vocational training, job seeking and participation in social activities to integrate into the community;

b/ Managing, counseling, educating and providing vocational training and jobs and assisting in reintegration into the community for detoxified persons subject to the management at post-detoxication management establishments.

3. Detoxified persons subject to the management at post-detoxication management establishments who are engaged in production and labor activities may enjoy their work results according to the Government’s regulations.

4. The head of a post-detoxication management establishment shall issue a decision on search for an escaping detoxified person subject to the management at that establishment; the police office shall coordinate with the post-detoxication management establishment in searching for the escapee to bring him/her back to the establishment for continued detoxication till the end of the required duration.

5. Post-detoxification management establish-ments shall respect the honor, dignity, life, health and property of detoxified persons subject to post-detoxication management.

6. Commune-level People’s Committees and detoxified persons families shall receive who complete their post-detoxication management period under Point b, Clause 1 of this Article and create conditions for them to receive vocational training, seek jobs, get loans and participate in social activities to integrate into the community, and assist them in preventing and controlling relapse into drug addiction.

7. The Government shall specify criteria for defining persons facing high risks of relapsing into drug addiction prescribed at Point b, Clause 1 of this Article; the competence to decide on, the order of and procedures for admitting them to post-detoxication management establishments; post-detoxication management mechanisms and support policies for detoxified persons; and the organization and operation of post-detoxication management establishments.”

9. To add the following Article 34a to after Article 34:

“Article 34a.-

1. Intervention method to reduce the harm of drug addiction means a method to reduce harmful consequences of a drug addict’s use of drugs caused to himself/herself and his/her family and community.

2. Intervention methods to reduce the harm of drug addiction shall be applied to groups of drug addicts through programs and projects suitable to socio-economic conditions.

3. The Government shall specify intervention methods to reduce the harm of drug addiction and organize their implementation.”

10. To amend and supplement Clause 1, Article 35 as follows:

“1. Funds for the construction of material foundations, organization of detoxication, post-detoxication management, prevention and control of relapse into drug addiction prescribed in Articles 27, 28, 29, 31, 33 and 34 of this Law include:

a/ State budget funds;

b/ Contributions from detoxified persons and their families;

c/ Financial supports of domestic and foreign organizations and individuals.”

11. To add the following Articles 38a and 38b to after Article 38:

“Article 38a.-

The Ministry of Defense shall:

1. Formulate, and organize the implementation of, plans on drug prevention and control in mainland border areas, marine border areas, the contiguous zone, the exclusive economic zone and the continental shelf;

2. Coordinate with concerned bodies of other countries in detecting and stopping acts of illegally trading in and transporting narcotic substances, pre-substances, addictive drugs and psychotropic drugs across borders according to this Law and other relevant laws;

3. Organize the training and retraining of Border Guard and Marine Police officers in charge of the prevention and control of drug-related crimes.”

“Article 38b.-

The Ministry of Finance shall:

1. Direct customs offices in drug prevention and control according to this Law and other relevant laws;

2. Assume the prime responsibility for, and coordinate with ministries, branches and local administrations in, estimating funds for drug prevention and control, submit them to competent authorities for approval and implement them according to law.”

12. To amend and supplement Article 39 as follows:

“Article 39.-

The Ministry of Labor, War Invalids and Social Affairs shall:

1. Formulate, and organize the implementation of, strategies, guidelines, policies and plans on the organization of drug detoxication and post-detoxication management; direct the organization of drug detoxication, post-detoxication management and settlement of post detoxication-related social issues;

2. Organize the apparatus of, train and retrain, cadres in charge of drug detoxication, post-detoxication management and settlement of post detoxication-related social issues;

3. Assume the prime responsibility for, and coordinate with concerned agencies and organizations and local administrations in building, and guiding the operation of, drug detoxication establishments and post-detoxication management establishments; providing vocational training, creating jobs, providing counseling, supporting and creating material and spiritual conditions for detoxified persons to integrate into the community; and preventing and controlling relapse into drug addiction;

4. Collect statistics on, assess the situation of drug detoxication, post- detoxication management and settlement of post detoxication-related social issues;

5. Guide and direct the setting up and dissolution of compulsory detoxication establishments or post-detoxication management establishments; grant and withdraw operation permits of other drug detoxication establishments;

6. Carry out international cooperation on drug detoxication and settlement of post detoxication-related social issues.”

13. To amend and supplement Clause 1, Article 40 as follows:

“1. The Ministry of Health shall:

a/ Promulgate a list and a Regulation on management of, addictive medicines, pre-substances, psychotropic drugs used in the health sector and organize the implementation of that Regulation; promulgate, assume the prime responsibility for, and coordinate with concerned agencies in, implementing, the Regulation on management of narcotic substances used in the health sector, analysis, testing and scientific research;

b/ Prescribe the research into drug detoxication methods and drugs and grant and withdraw permits of detoxication drug circulation and detoxication methods; guide procedures for identifying drug addicts; and provide human and technical support for drug detoxication;

c/ Carry out international cooperation on control of addictive medicines, pre-substances and psychotropic drugs used in the health sector, analysis, testing and scientific research;

d/ Direct health establishments in conducting tests for, and identifying and detoxifying, drug addicts in communes, wards and townships.”

14. To add the following Article 42a to after Article 42:

“Article 42a.-

The Ministry of Information and Communication and the Ministry of Culture, Sports and Tourism shall direct and guide concerned agencies in carrying out activities of communication, propagation and education on drug prevention and control.”

15. To amend and supplement Article 43 as follows:

“Article 43.-

The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Committee for Ethnic Minorities and other concerned agencies and organizations in, carrying out activities of communication and education on, and organizing the elimination of narcotics-bearing plants; and implement a program to support growers in switching production and stabilizing their life.”

Article 2.-

1. To replace the phrase “the Ministry of Industry” with the phrase “the Ministry of Industry and Trade” in Clauses 1 and 2, Article 41; to replace the phrase “local administrations” with the phrase “commune-level People’s Committees” in Clause 1, Article 53 of the Law on Drug Prevention and Control.

2. To annul Article 44 of the Law on Drug Prevention and Control.

Article 3.- This Law takes effect on January 1, 2009.

This Law was passed on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session. 

Chairman of the National Assembly
NGUYEN PHU TRONG