Law on Drug Prevention and Control, No. 73/2021/QH14

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ATTRIBUTE Law on Drug Prevention and Control

Law on Drug Prevention and Control No. 73/2021/QH14 dated March 30, 2021 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:73/2021/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:30/03/2021Effect status:
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Fields:Medical - Health , Public order

SUMMARY

Drug addiction treatment establishments must have a zone for persons aged between full 12 years and under 18 years

This noticeable content is prescribed in the Law on Drug Prevention and Control No. 73/2021/QH14, which was passed on March 30, 2021, by the National Assembly.

Accordingly, a public drug addiction treatment establishment must have 6 separate zones, including a zone for temporary stay for persons requested for determination of their state of drug addiction and persons awaiting the preparation of dossiers of request for application of the administrative remedy of consignment into compulsory drug addiction treatment establishments; a zone for compulsory drug addiction treatment; a zone for voluntary drug addiction treatment; a zone for drug addiction treatment for persons aged between full 12 years and under 18 years; a zone for drug addiction treatment for persons suffering group-A or group-B infectious diseases in accordance with the Law on Prevention and Control of Infectious Diseases; a zone for drug addiction treatment for persons who commit acts of disturbing order or violating internal rules or regulations of the drug addiction treatment establishment.

On the other hands, the Law also stipulates a drug addict aged between full 12 years and under 18 years shall be consigned into a compulsory drug addiction treatment establishment in one of the following cases: He/she fails to register for or undergo, or terminates at his/her own will the process of, voluntary drug addiction treatment; He/she is detected to have illegally used drugs in the period of voluntary drug addiction treatment; As an opioid addict, he/she fails to register for or undergo, or terminates at his/her own will the process of, treatment of opioid addiction with alternatives, or has treatment of opioid addiction with alternatives terminated for his/her violation of regulations on addiction treatment.

Besides, the Law also details cases subject to drug tests, which are not specified in previous regulations. To be specific: Drug tests may be carried out for: Persons who are detected to have illegally used drugs; Persons for whom competent agencies or persons have grounds to believe that they have illegally used drugs; Persons who illegally use drugs during the period of management, etc.

This Law takes effect on January 01, 2022.

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Effect status: Known

THE NATIONAL ASSEMBLY
 

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 73/2021/QH14

 

Hanoi, March 30, 2021

 

LAW

ON DRUG PREVENTION AND CONTROL[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Drug Prevention and Control.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides drug prevention and control; management of illegal drug users; drug addiction treatment; responsibilities of individuals, families, agencies and organizations in drug prevention and control; and state management of, and international cooperation on, drug prevention and control.

Article 2. Interpretation of terms

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

1. Narcotic substance means an addictive substance or a psychotropic substance on a list of narcotic substances promulgated by the Government.

2. Addictive substance means a stimulant or depressant that may easily cause addiction to users.

3. Psychotropic substance means a stimulant or depressant or hallucinogen that may cause addiction to users if being used for many times.

4. Precursor means a chemical indispensable in the process of preparation and production of narcotics and on the list of precursors promulgated by the Government.

5. Veterinary drug containing a narcotic substance or precursor means a veterinary drug containing a substance defined in Clause 2, 3 or 4 of this Article. 

6. Narcotic plants include opium poppy, coca, marijuana or other plants bearing narcotic substances as specified by the Government.

7. Drug prevention and control means preventing, checking and fighting drug-related crimes and evils and controlling drug-related lawful activities.

8. Drug-related evil means illegal drug use, drug addiction or another act violating the drug-related law which is not serious enough for or not subject to penal liability examination.

9. Control of drug-related lawful activities means permitting, monitoring, inspecting and supervising drug-related lawful activities and preventing and checking the abuse of such activities for other purposes.

10. Illegal drug user means a person who uses narcotic substances without permission of a competent person or specialized agency and has positive drug test results.

11. Drug test means performance of specialized techniques to determine the presence or absence of narcotic substances in a human body based on urine samples, blood samples or other biological specimens.

12. Drug addict means a person who uses narcotic substances, addictive drugs or psychotropic drugs and depends on such substances or drugs.

13. Drug addiction treatment means performance of activities of providing medical, psychological and social assistance to help drug addicts stop using narcotic substances, addictive drugs or psychotropic drugs, rehabilitate their physical and mental wellness, raise their awareness about drug use, and change their behaviors in order to stop illegally using such substances or drugs.

14. Drug addiction treatment establishment means a public or voluntary drug addiction treatment establishment founded to fully perform the process of drug addiction treatment provided in this Law.

Article 3. The State’s policies on drug prevention and control

1. To take synchronously drug prevention and control measures; to combine drug prevention and control with prevention and control of HIV/AIDS and other social evils.

2. To intensify public communication and education about drug prevention and control; to encourage organizations and individuals to participate in public communication and education about drug prevention and control.

3. To prioritize provision of resources for drug prevention and control in areas inhabited by ethnic minority people, mountainous, deep-lying and remote areas, islands, border areas and areas where drug-related situation is complicated.

4. To ensure that officers and soldiers of specialized agencies in charge of drug-related crime prevention and fighting, and persons engaged in drug addiction treatment activities at public drug addiction treatment establishments are entitled to preferential regimes and policies suitable to characteristics of their tasks and operation areas under the Government’s regulations.

5. To protect and assist individuals, families, agencies and organizations participating in drug prevention and control.

6. To strictly manage illegal drug users and drug addicts; to encourage drug addicts to willingly undergo drug addiction treatment and treatment of opioid addiction with alternatives; to encourage individuals, families, agencies and organizations to participate in and support drug addiction treatment and post-treatment management activities.

7. To ensure funds for compulsory drug addiction treatment; to partially pay expenses for voluntary drug addiction treatment and post-treatment management.

8. To ensure that domestic and foreign organizations and individuals investing in drug addiction treatment and providing support for post-treatment management and addiction relapse prevention and control are entitled to land rental and enterprise income tax exemption or reduction in accordance with law.

9. To promote scientific research, technology development and application of high technologies in drug prevention and control.

10. To commend and reward individuals, organizations and agencies that record merits in drug prevention and control.

Article 4. Financial sources for drug prevention and control

1. The state budget.

2. Donations, aid, investments and gifts of domestic and foreign organizations and individuals.

3. Payments by drug addicts and their families.

4. Other lawful financial sources.

Article 5. Prohibited acts

1. Cultivating narcotic plants or guiding cultivation of narcotic plants.

2. Illegally researching, assessing, testing, inspecting, producing, stockpiling, transporting, preserving, storing, trading in, distributing, disposing of, exchanging, importing, exporting, temporarily importing for re-export, temporarily exporting for re-import, or transiting 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.

3. Misappropriating narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drugs materials being addictive drugs, psychotropic pharmaceutical ingredients, precursors used as drugs, and veterinary drugs containing narcotic substances or precursors.

4. Illegally forwarding, managing, controlling, storing, dispensing or preserving narcotic substances and precursors; permitting use of narcotic substances, addictive drugs or psychotropic drugs in contravention of law.

5. Illegally using or organizing illegal use of narcotic substances; forcing or inciting others to illegally use narcotic substances; harboring or supporting illegal use of narcotic substances.

6. Producing, stockpiling, transporting or trading in means and tools for use in production or illegal use of narcotic substances.

7. Opposing or obstructing drug tests, determination of state of drug addiction, management of illegal drug users, drug addiction treatment, and post-treatment management.

8. Retaliating or obstructing persons performing the duty of drug prevention and control and persons participating in drug prevention and control.

9. Abusing positions, powers and occupations to violate the law on drug prevention and control.

10. Guiding production or illegal use of narcotic substances; advertising or marketing narcotic substances.

11. Discriminating against illegal drug users, persons undergoing drug addiction treatment, and persons having undergone drug addiction treatment.

12. Other drug-related prohibited acts specified by law.

Chapter II

DRUG PREVENTION AND CONTROL RESPONSIBILITIES

Article 6. Responsibilities of individuals and families

1. To carry out public communication and education among family members and relatives about drug harms and observance of the law on drug prevention and control; to manage and prevent family members from violating the law on drug prevention and control.

2. To strictly observe instructions of competent persons on use of addictive drugs, psychotropic drugs, precursor drugs and veterinary drugs containing narcotic substances or precursors.

3. To cooperate with competent agencies in fighting drug-related crimes and evils; to participate in providing support for voluntary drug addiction treatment in families or communities or drug addiction treatment at drug addiction treatment establishments and treatment of opioid addiction with alternatives; to monitor and help persons who have undergone drug addiction treatment integrate themselves into the community; to prevent and control addiction relapse.

4. To promptly provide information on drug-related crimes and evils and cultivation of narcotic plants to public security offices or competent state agencies; to participate in the elimination of narcotic plants organized by local administrations.

Article 7. Responsibilities of state agencies

1. To organize drug prevention and control in their agencies or units; to prevent their officials, civil servants, public employees and workers under their management as well as officers and soldiers of the people’s armed forces from violating the law on drug prevention and control; to carry out public communication among and mobilize the people to detect, report and fight drug-related crimes and evils. 

2. To organize the implementation of the State’s guidelines and policies on socio-economic planning and development in areas where the cultivation of narcotic plants is to be eliminated.

Article 8. Responsibilities of education institutions

1. To organize the implementation of programs on education about drug prevention and control; to disseminate and educate the law on drug prevention and control among pupils, students and trainees; to strictly manage and prevent pupils, students and trainees from violating the law on drug prevention and control.

2. To coordinate with families, agencies, organizations and local administrations in managing and educating pupils, students and trainees about drug prevention and control.

3. To coordinate with competent agencies, organizations and persons in organizing drug tests when necessary to detect illegal drug use by pupils, students and trainees.

Article 9. Responsibilities of press agencies

Press agencies shall coordinate with related agencies and organizations in disseminating guidelines, policies and laws on drug prevention and control.

Article 10. Responsibilities of the Vietnam Fatherland Front and its member organizations and other organizations

1. To organize, and coordinate with competent agencies in carrying out, public communication and dissemination of knowledge and the law on drug prevention and control among the people; to mobilize the people to participate in drug prevention and control and carry out drug prevention and control movements.

2. To prevent their members and staffs and all citizens from violating the law on drug prevention and control.

3. To coordinate with local administrations at all levels and competent agencies in mobilizing drug addicts to take drug addiction treatment measures or undergo treatment of opioid addiction with alternatives; to participate in transforming, educating, providing vocational training to, seeking jobs for, and helping persons who have undergone drug addiction treatment integrate themselves into the community; to prevent and fight addiction relapse.

Article 11. Specialized agencies in charge of drug-related crime prevention and fighting

1. Specialized agencies in charge of drug-related crime prevention and fighting include:

a/ The specialized agency in charge of drug-related crime prevention and fighting of the People’s Public Security;

b/ Specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Vietnam Coast Guard and Vietnam Customs.

2. The specialized agency in charge of drug-related crime prevention and fighting of the People’s Public Security shall, within the ambit of its tasks and powers, assume the prime responsibility for, and coordinate with related agencies and organizations in, carrying out drug-related crime prevention and fighting activities.

3. Specialized agencies in charge of drug-related crime prevention and fighting of the Border Guard, Vietnam Coast Guard and Vietnam Customs shall, within ambit of their tasks and powers, assume the prime responsibility for, and coordinate with public security offices, and related agencies and organizations in, carrying out drug-related crime prevention and fighting activities in geographical areas under their management or control.

4. When a violation falling within the ambit of tasks and powers of more than one agency is detected in the same geographical area, the agency that detects such violation first shall handle it according to its competence specified by law. In case such violation falls beyond its competence, the agency that detects it first shall forward the violation case file, violator and exhibits to the agency competent to handle it.

5. The Government shall provide the coordination among specialized agencies in charge of drug-related crime prevention and fighting.

 

Chapter III

CONTROL OF DRUG-RELATED LAWFUL ACTIVITIES

Article 12. Drug-related lawful activities

1. Drug-related lawful activities means activities permitted by competent state management agencies, including:

a/ Researching, assessing, testing, inspecting and producing narcotic substances (excluding cultivating narcotic plants), 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;

b/ Transporting, preserving, stockpiling, trading in, distributing, using, disposing of, and exchanging 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;

c/ Importing, exporting, temporarily importing for re-export, temporarily exporting for re-import, and transiting 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.

2. Drug-related lawful activities specified in Clause 1 of this Article shall be strictly controlled in accordance with this Law and other relevant laws.

Article 13. Control of research, assessment and production of narcotic substances and precursors

1. Research, assessment and production of narcotic substances (excluding cultivation of narcotic plants) and precursors shall be monitored, inspected and supervised by competent state agencies.

2. The Government shall specify agencies competent to permit, order and procedures for permitting, and monitoring, inspection and supervision of, research, assessment and production of narcotic substances and precursors provided in Clause 1 of this Article.

Article 14. Control of transportation of narcotic substances and precursors

1. Agencies, organizations and individuals that are permitted by competent state agencies may transport narcotic substances and precursors. Before transporting narcotic substances and precursors, agencies, organizations and individuals shall package and seal them up under regulations of competent agencies; take responsibility for quantity and quality, and take measures to protect safety and prevent loss during transportation, of narcotic substances and precursors, and submit to monitoring, inspection and supervision by competent state agencies.

2. The Government shall detail this Article.

Article 15. Control of activities related to addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs

Control of activities related to addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs must comply with the law on pharmacy, except the activities specified at Point b, Clause 1, and Clause 2, Article 17 of this Law.

Article 16. Control of activities related to veterinary drugs containing narcotic substances or precursors

The control of activities related to veterinary drugs containing narcotic substances or precursors must comply with regulations of the Government.

Article 17. Control of 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, and precursors used as drugs

1. The following activities are subject to permission by competent agencies:

a/ Importing, exporting, temporarily importing for re-export, and temporarily exporting for re-import narcotic substances and precursors;

b/ Temporarily importing for re-export and temporarily exporting for re-import addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs.

2. Transit through Vietnam’s territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug materials being addictive pharmaceutical ingredients, psychotropic pharmaceutical ingredients, and precursors used as drugs must strictly follow routes stated in transit permits. Agencies and organizations making transits shall carry out procedures and submit to control by customs offices and other competent agencies of Vietnam. 

3. The Government shall detail this Article.

Article 18. Preparation of dossiers of drug-related lawful activities

When carrying out the activities specified in Clause 1, Article 12 of this Law, agencies, organizations and individuals shall prepare dossiers thereof and reports thereon under regulations of the Government.

Article 19. Control of drug-related lawful activities for national defense and security purposes

Research, assessment, production, transportation, stockpiling, preservation, use, 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 for national defense and security purposes must comply with regulations of the Government.

Article 20. Control of addictive drugs, psychotropic drugs and precursor drugs for the purpose of first aid or medical emergency during international voyages or tours or for medical treatment of persons on entry, exit or in transit

1. The carrying of addictive drugs, psychotropic drugs and precursor drugs for use for first aid or medical emergency on board ships, aircraft, trains, automobiles or other means of transport during international voyages or tours shall not be regarded as transportation of goods for import into, export from, or transit through, Vietnam’s territory.

Commanders, operators or drivers of such means of transport shall declare drugs carried on board with customs offices of Vietnam, make explanations about used drug volumes, apply appropriate safety measures to prevent use for improper purposes or illegal transportation of such drugs, and submit to control by competent agencies of Vietnam.

2. The carrying of addictive drugs, psychotropic drugs and precursor drugs for medical treatment of persons on entry, exit or transit through Vietnam’s territory must comply with regulations of the Government and submit to control by competent agencies of Vietnam.

Article 21. Disposal 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 confiscated in cases of violation of law

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 confiscated in criminal cases or administrative violation cases or matters shall be disposed of in accordance with the criminal procedure law or law on handling of administrative violations.

Chapter IV

MANAGEMENT OF ILLEGAL DRUG USERS

Article 22. Drug tests

1. Drug tests may be carried out for:

a/ Persons who are detected to have illegally used drugs;

b/ Persons for whom competent agencies or persons have grounds to believe that they have illegally used drugs;

c/ Persons who illegally use drugs during the period of management;

d/ Persons who are currently subject to the administrative remedy of education in communes, wards or townships for their acts of illegally using drugs; are undergoing drug addiction treatment or treatment of opioid addiction with alternatives; or are currently under post-treatment management.

2. Heads of drug addiction treatment establishments or establishments providing treatment of opioid addiction with alternatives; and persons competent to administratively sanction acts of illegally using drugs shall carry out drug tests according to their competence or request agencies or persons with professional expertise to carry out drug tests for the persons specified in Clause 1 of this Article.

In case of positive test results, such results shall be immediately sent to chairpersons of commune-level People’s Committees of localities where tested persons reside, unless such persons are undergoing compulsory drug addiction treatment.

3. The State shall pay expenses for drug tests for the persons specified in Clause 1 of this Article.

Article 23. Management of illegal drug users

1. Management of illegal drug users means a preventive measure to help illegal drug users stop illegally using drugs and prevent their possible law-breaking acts.

Management of illegal drug users is not an administrative remedy.

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

3. Management of an illegal drug user covers:

a/ Advising, encouraging, educating and assisting him/her so that he/she can stop illegally using drugs;

b/ Carrying out drug tests for him/her;

c/ Preventing him/her from committing acts of disturbing social order and safety.

4. Within 3 working days after receiving positive drug test results of a person residing in a locality, the chairperson of a commune-level People’s Committee shall issue a decision on and organize management of the illegal drug user in the locality.

5. Within the management period, the chairperson of a commune-level People’s Committee shall issue a decision on termination of management of an illegal drug user if the latter falls into one of the following cases:

a/ Being identified as a drug addict;

b/ Being subject to the administrative remedy of education in the commune, ward or township for his/her act of illegally using drugs;

c/ Being subject to the administrative remedy of consignment into a compulsory education institution or reformatory;

d/ Being obliged to serve an imprisonment sentence;

dd/ Being dead or declared missing by the court while being listed as an illegal drug user under management.

6. The Government shall detail this Article.

Article 24. Responsibilities of illegal drug users

1. To provide adequate and accurate information about their acts of illegally using drugs to commune-level public security offices of localities where they reside.

2. To  submit to management by commune-level People’s Committees.

Article 25. Responsibilities of families, agencies, organizations and communities in the management of illegal drug users

1. Families of illegal drug users shall:

a/ Manage and educate illegal drug users, and prevent their acts of illegally using drugs;

b/ Provide information about acts of illegally using drugs of illegal drug users to commune-level public security offices of localities where the latter reside;

c/ Prevent illegal drug users from committing acts of disturbing social order and safety;

d/ Coordinate with competent agencies in sending illegal drug users to get drug tests.

2. Agencies and organizations where illegal drug users work and communities where illegal drug users live shall:

a/ Encourage, assist and educate illegal drug users, and prevent their acts of illegally using drugs;

b/ Coordinate with families and competent agencies in sending illegal drug users to get drug tests.

Article 26. Making of lists of illegal drug users

1. Commune-level public security offices shall assist same-level People’s Committees in making lists of illegal drug users who reside in their localities.

2. When an illegal drug user changes his/her place of residence, the commune-level public security office of the locality from which he/she leaves shall notify such to the commune-level public security office of the locality to which he/she moves within 5 working days after he/she leaves for the latter to include him/her in a list of illegal drug users for continued management.

3. A commune-level public security office shall assist the same-level People’s Committee in removing an illegal drug user from a list of illegal drug users if the latter falls into one of the following cases:

a/ Committing no act of illegally using drugs during the period of management specified in Clause 2, Article 23 of this Law;

b/ Falling into a case eligible for termination of management specified in Clause 5, Article 23 of this Law;

c/ Moving to another locality for residence.

 

Chapter V

DRUG ADDICTION TREATMENT

Article 27. Determination of state of drug addiction

1. The state of drug addiction shall be determined for a person falling into one of the following cases:

a/ He/she is detected to have illegally used drugs during the period of management;

b/ He/she has no stable place of residence;

c/ He/she is being subject to the administrative remedy of education in the commune, ward or township for his/her act of illegally using drugs or is detected to have illegally used drugs within 1 year after completely serving the administrative remedy of education in the commune, ward or township for his/her act of illegally using drugs;

d/ He/she is detected to have illegally used drugs during the period of post-treatment management;

dd/ He/she is willing to have his/her state of drug addiction determined.

2. A commune-level public security office that detects a person falling into a case specified at Point a, b, c or dd, Clause 1 of this Article shall make a dossier to request a competent health establishment to determine his/her state of drug addiction.

3. In case a person falling into the case specified at Point a, b, c or d, Clause 1 of this Article is detected by a district- or provincial-level public security office or detected through investigation or acceptance for settlement of a violation case, the public security office accepting the violation for settlement shall make a dossier to request a competent health establishment to determine his/her state of drug addiction.

4. After issuing results of determination of state of drug addiction, a health establishment shall immediately send such results to the agency requesting determination of state of drug addiction and person whose state of drug addiction is determined.

5. Persons requested for determination of their state of drug addiction have the following rights and responsibilities:

a/ To have their honor and dignity protected; to be provided with support for travel, accommodations, therapy of syndromes upon drug addiction treatment and accompanying diseases during the period of determination of state of drug addiction;

b/ To abide by internal rules and regulations of establishments determining their state of drug addiction; to truthfully declare their history and symptoms of drug use to clinicians;

c/ When receiving positive results of drug addiction, persons aged full 18 years or older or parents, guardians or lawful representatives of persons aged between full 12 years and under 18 years specified at Points a, b, c and dd, Clause 1 of this Article shall register with commune-level People’s Committees of localities where they reside for voluntary drug addiction treatment under Article 28 of this Law or for treatment of opioid addiction with alternatives in case of opioid addiction.

6. The Government shall specify health establishments qualified for determination of state of drug addiction; and dossiers, order and procedures for determination of state of drug addiction.

7. The Minister of Health shall set out standards for diagnosis and professional process of determination of state of drug addiction.

8. The State shall pay expenses for determination of state of drug addiction for the persons specified at Points a, b, c and dd, Clause 1 of this Article.

Article 28. Forms of drug addiction treatment

1. Forms of drug addiction treatment include:

a/ Voluntary drug addiction treatment;

b/ Compulsory drug addiction treatment.

2. Voluntary drug addiction treatment shall be carried out in families and communities or at drug addiction treatment establishments. Compulsory drug addiction treatment shall be carried out at public drug addiction treatment establishments.

Article 29. Process of drug addiction treatment

1. The process of drug addiction treatment consists of the following stages:

a/ Receipt and classification of drug addicts;

b/ Detoxification, and treatment of mental disorders and other pathological signs;  

c/ Education, counseling, and behavioral rehabilitation;

d/ Therapeutic labor and vocational training;

dd/ Preparation for community reintegration.

2. The process of compulsory drug addiction treatment must consist of all stages specified in Clause 1 of this Article. Voluntary drug addiction treatment must consist of 3 stages specified at Points a, b and c, Clause 1 of this Article.

3. The Government shall detail this Article.

Article 30. Family/community-based voluntary drug addiction treatment

1. Family/community-based voluntary drug addiction treatment means that drug addicts are willing to undergo drug addiction treatment in their families or communities with professional assistance of drug addiction treatment service providers and coordination and support of their families or communities, and submit to management by commune-level People’s Committees. 

2. A period of family/community-based voluntary drug addiction treatment is between full 6 months and 12 months.

3. Upon completing at least 3 stages specified at Points a, b and c, Clause 1, Article 29 of this Law, persons undergoing family/community-based voluntary drug addiction treatment will be entitled to financial support.

4. Persons undergoing family/community-based voluntary drug addiction treatment shall:

a/ Strictly and fully comply with regulations on voluntary drug addiction treatment and guidance of professional agencies;

b/ Pay expenses for drug addiction treatment under regulations.

5. Chairpersons of commune-level People’s Committees shall:

a/ Receive registration requests for family/community-based voluntary drug addiction treatment ;

b/ Guide and manage persons undergoing family/community-based voluntary drug addiction treatment ;

c/ Grant certificates of completion of family/community-based voluntary drug addiction treatment.

6. Chairpersons of district-level People’s Committees shall:

a/ Assign local public non-business units under their management to provide services of family/community-based voluntary drug addiction treatment;

b/ Receive registration requests and announce lists of organizations and individuals qualified to provide services of family/community-based voluntary drug addiction treatment;

c/ Notify commune-level People’s Committees of lists of providers of services of family/community-based voluntary drug addiction treatment;

d/ Provide support funds for family/community-based voluntary drug addiction treatment;

dd/ Direct, guide and inspect family/community-based voluntary drug addiction treatment.

7. Drug addiction treatment establishments and organizations and individuals qualified to provide one or more drug addiction treatment service(s) in the process of drug addiction treatment specified in Clause 1, Article 29 of this Law may provide services of family/community-based voluntary drug addiction treatment and have the following responsibilities:

a/ To receive drug addicts and provide services of family/community-based voluntary drug addiction treatment ;

b/ To strictly perform professional processes provided by competent agencies;

c/ Within 5 working days after persons undergoing drug addiction treatment use services or stop using services at their own will or complete using services, to notify such to commune-level People’s Committees of localities where such persons have registered for family/community-based voluntary drug addiction treatment .

8. Qualified organizations and individuals may register to provide services of family/community-based voluntary drug addiction treatment with chairpersons of district-level People’s Committees.

9. The Government shall detail this Article.

Article 31. Voluntary drug addiction treatment at drug addiction treatment establishments

1. A period of voluntary drug addiction treatment at drug addiction treatment establishments is between full 6 months and 12 months.

2. Upon completing at least 3 stages specified at Points a, b and c, Clause 1, Article 29 of this Law, persons undergoing voluntary drug addiction treatment at drug addiction treatment establishments will be entitled to financial support.

3. Persons undergoing voluntary drug addiction treatment at drug addiction treatment establishments shall:

a/ Strictly and fully comply with regulations on voluntary drug addiction treatment and guidance of professional agencies;

b/ Pay expenses for drug addiction treatment under regulations.

Persons undergoing voluntary drug addiction treatment at public drug addiction treatment establishments who are in plight may be considered for reduction of or exemption from payable expenses.

4. Drug addiction treatment establishments shall grant certificates of completion of voluntary drug addiction treatment to persons having undergone voluntary drug addiction treatment.

5. The Government shall detail this Article.

Article 32. Persons subject to the administrative remedy of consignment into compulsory drug addiction treatment establishments

A drug addict who is aged full 18 years or older shall be subject to the administrative remedy of consignment into a compulsory drug addiction treatment establishment under the Law on Handling of Administrative Violations when falling into one of the following cases:

1. He/she fails to register for or undergo, or terminates at his/her own will the process of, voluntary drug addiction treatment;

2. He/she is detected to have illegally used drugs in the period of voluntary drug addiction treatment;

3. As an opioid addict, he/she fails to register for or undergo, or terminates at his/her own will the process of, treatment of opioid addiction with alternatives, or has treatment of opioid addiction with alternatives terminated for his/her violation of regulations on addiction treatment;

4. He/she relapses into drug addiction during the period of post-treatment management.

Article 33. Drug addiction treatment for persons aged between full 12 years and under 18 years

1. A drug addict aged between full 12 years and under 18 years shall be consigned into a compulsory drug addiction treatment establishment in one of the following cases:

a/ He/she fails to register for or undergo, or terminates at his/her own will the process of, voluntary drug addiction treatment;

b/ He/she is detected to have illegally used drugs in the period of voluntary drug addiction treatment;

c/ As an opioid addict, he/she fails to register for or undergo, or terminates at his/her own will the process of, treatment of opioid addiction with alternatives, or has treatment of opioid addiction with alternatives terminated for his/her violation of regulations on addiction treatment.

2. Drug addicts aged between full 12 years and under 18 years who are consigned into compulsory drug addiction treatment establishments shall:

a/ Comply with regulations on compulsory drug addiction treatment, internal rules and regulations of, and submit to management, education and treatment by, compulsory drug addiction treatment establishments;

b/ Participate in activities of treatment, disease cure, education, counseling, academic education, vocational education, and occupational therapy, and other behavioral rehabilitation activities.

3. A period of compulsory drug addiction treatment for drug addicts aged between full 12 years and under 18 years is between full 6 months and 12 months.

4. The consignment of drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments shall be decided by district-level people’s courts and is not an administrative remedy.

5. The National Assembly Standing Committee shall specify the order and procedures for people’s courts to decide on consignment of drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments.

Article 34. Preparation of dossiers of request for consignment of drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments

1. The preparation of a dossier of request for consignment of a drug addict aged between full 12 years and under 18 years into a compulsory drug addiction treatment establishment is as follows:

a/ The chairperson of the commune-level People’s Committee of the locality where the drug addict resides or commits an act of violation in case it is impossible to identify his/her place of residence shall make a dossier of request for consigning him/her into a compulsory drug addiction treatment establishment;

b/ In case the drug addict is detected by a district- or provincial-level public security office or detected in the course of investigation or acceptance for settlement of a violation case in which the violator aged between full 12 years and under 18 years is subject to consignment into a compulsory drug addiction treatment establishment, the public security office accepting the case for settlement shall verify and collect documents and make a dossier of request for consigning him/her into a compulsory drug addiction treatment establishment;

c/ A dossier of request for consigning a drug addict into a compulsory drug addiction treatment establishment must comprise a minutes of his/her violation, his/her resume, documents proving his/her state of drug addiction, his/her or his/her lawful representative’s statements, opinions of his/her parents, guardian or lawful representative; 

d/ The commune-level public security office shall assist the chairperson of the same-level People’s Committee in collecting documents and preparing a dossier of request specified at Point a, Clause 1 of this Article.

2. Agencies or persons preparing dossiers of request specified in Clause 1 of this Article shall take responsibility for the legality of such dossiers. The agency or person preparing a dossier of request shall, after completing it, notify in writing of the dossier preparation to the person requested for application of the remedy of consignment into a compulsory drug addiction treatment establishment, his/her parents, guardian or lawful representative. These persons may read the dossier and give their opinions on the dossier preparation within 3 working days after being notified.

3. Within 1 working day from the date of expiration of the time limit for reading the dossier, the agency or person preparing the dossier shall send the dossier to the head of the district-level Division of Labor, Invalids and Social Affairs of the locality where the concerned drug addict resides or commits the violation in case his/her place of residence is unidentifiable. Within 2 working days after receiving the dossier, the head of the district-level Division of Labor, Invalids and Social Affairs shall decide to forward the dossier to the district-level people’s court to request the latter to decide on consignment of such drug addict into a compulsory drug addiction treatment establishment. In case the dossier is incomplete, the head of the district-level Division of Labor, Invalids and Social Affairs shall return it to the agency or person preparing the dossier for the latter to supplement it within 2 working days after receiving it. Within 2 working days after receiving the supplemented dossier, the head of the district-level Division of Labor, Invalids and Social Affairs shall decide to forward it to the district-level people’s court to request the latter to decide on consignment of the drug addict into a compulsory drug addiction treatment establishment.

4. A dossier of requesting a district-level people’s court to decide to consign a drug addict into a compulsory drug addiction treatment establishment must comprise:

a/ A request for consignment of the drug addict into a compulsory drug addiction treatment establishment specified at Point c, Clause 1 of this Article;

b/ A request made by the head of the district-level Division of Labor, Invalids and Social Affairs for consignment of the drug addict into a compulsory drug addiction treatment establishment.

Such request must state opinions on protection of children’s rights.

5. Dossiers of request for consignment of drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments shall be numbered and archived in accordance with the law on archives.

6. The Government shall provide in detail the preparation of dossiers of request for consignment of drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment establishments; and the regime of drug addiction treatment applicable to persons aged full 12 years and under 18 years.

Article 35. Public drug addiction treatment establishments

1. Public drug addiction treatment establishments shall be founded under decisions of chairpersons of provincial-level People’s Committees.

2. A public drug addiction treatment establishment must have the following zones:

a/ A zone for temporary stay for persons requested for  determination of their state of drug addiction and persons awaiting the preparation of dossiers of request for application of the administrative remedy of consignment into compulsory drug addiction treatment establishments;

b/ A zone for compulsory drug addiction treatment;

c/ A zone for voluntary drug addiction treatment;

d/ A zone for drug addiction treatment for persons aged between full 12 years and under 18 years;

dd/ A zone for drug addiction treatment for persons suffering group-A or group-B infectious diseases in accordance with the Law on Prevention and Control of Infectious Diseases;

e/ A zone for drug addiction treatment for persons who commit acts of disturbing order or violating internal rules or regulations of the drug addiction treatment establishment.

3. In the zones specified in Clause 2 of this Article, there must be separate wards exclusively for males and those for females. Persons whose genders shown on body are different from genders stated in their dossiers and resumes shall be managed in separate rooms in exclusive wards based on their genders shown on their body.

4. Activities of public drug addiction treatment establishments include:

a/ Admitting, and organizing drug addiction treatment for, drug addicts consigned into the establishments and drug addicts willing to undergo drug addiction treatment;

b/ Determining state of drug addiction;

c/ Admitting, managing, educating, providing counseling to, and treating withdrawal syndromes, mental disorders and other diseases of, persons awaiting the preparation of dossiers of request for consignment into compulsory drug addiction treatment establishments.

5. Public drug addiction treatment establishments have the following rights:

a/ To admit drug addicts for voluntary drug addiction treatment as suitable to their capacity;

b/ Their heads may decide to apply appropriate measures to manage, educate and medically treat drug addicts.

6. Public drug addiction treatment establishments have the following responsibilities:

a/ To comply with regulations on determination of state of drug addition, process of drug addiction treatment , management of persons awaiting the preparation of dossiers of request for consignment into compulsory drug addiction treatment establishments;

b/ To respect life, health, honor, dignity and assets of persons undergoing drug addiction treatment, persons requested for determination of their state of drug addiction, and persons awaiting the preparation of dossiers of request for consignment into compulsory drug addiction treatment establishments;

c/ To guarantee rights of drug addicts during the period of drug addiction treatment and grant certificates of completion of compulsory drug addiction treatment to persons aged between full 12 years and under 18 years;

d/ Their heads shall ensure conditions for their operation, and publicly notify expenses for drug addiction treatment at their establishments in accordance with law;

dd/ To prevent and fight illegal conveyance of drugs into the establishments;

e/ To notify commune-level People’s Committees of localities where drug addicts have registered for voluntary drug addiction treatment of the drug addicts being admitted or terminating their use of drug addiction treatment services at their own will or completing the drug addiction treatment process within 5 working days from the date of admission, termination or completion. 

7. The Government shall specify conditions on physical foundations, equipment and personnel of public drug addiction treatment establishments and regulations on management at public drug addiction treatment establishments.

Article 36. Voluntary drug addiction treatment establishments

1. Voluntary drug addiction treatment establishments shall be founded by drug addiction treatment service providers. The Government shall specify conditions on, and competence, order and procedures for grant and revocation of operation licenses of, voluntary drug addiction treatment establishments.

2. Voluntary drug addiction treatment establishments have the following rights:

a/ To admit drug addicts for voluntary drug addiction treatment as suitable to their capacity;

b/ To collect expenses related to drug addiction treatment;

c/ To enjoy incentives provided by law.

3. Voluntary drug addiction treatment establishments have the following responsibilities:

a/ To comply with the drug addiction treatment process;

b/ To respect life, health, honor, dignity and assets of persons undergoing drug addiction treatment;

c/ To guarantee rights of drug addicts aged between full 12 years and under 18 years during the period of drug addiction treatment;

d/ Their heads shall ensure conditions for their operation, and publicly notify expenses for drug addiction treatment at their establishments in accordance with law;

dd/ To prevent and fight illegal conveyance of drugs into the establishments;

e/ To arrange separate wards or rooms for persons aged between full 12 years and under 18 years, persons suffering group-A or group-B infectious diseases in accordance with the Law on Prevention and Control of Infectious Diseases, and females. Persons whose genders shown on body are different from genders stated in their dossiers and resumes shall be managed in separate rooms in exclusive wards based on genders shown on their body;

g/ To notify commune-level People’s Committees of localities where drug addicts have registered for voluntary drug wards of the drug addicts being admitted or terminating their use of drug addiction treatment services at their own will or completing the drug addiction treatment process within 5 working days from the date of admission, termination or completion. 

Article 37. Application of drug addiction treatment measures to Vietnamese deported by foreign countries for their illegal use of drugs or drug addiction; and foreign drug addicts residing in Vietnam

1. Upon their repatriation, Vietnamese deported by foreign countries for their illegal use of drugs or drug addiction shall have their state of drug addiction determined. In case they are identified as drug addicts, they shall be subject to drug addiction treatment measures specified in this Law.

2. Foreign drug addicts residing in Vietnam shall register for voluntary drug addiction treatment at drug addiction treatment establishments in accordance with this Law and pay all expenses for their drug addiction treatment. If refusing to undergo voluntary drug addiction treatment, they shall be handled in accordance with law.

Article 38. Drug addiction treatment for detainees, prisoners, members of compulsory education institutions and students of reformatories

1. The State shall apply appropriate addiction treatment measures for drug addicts who are detainees, prisoners, members of compulsory education institutions or students of reformatories.

2. Superintendents of prisons and detention camps, heads of custody houses, directors of compulsory education institutions and principals of reformatories shall closely coordinate with local health establishments in implementing Clause 1 of this Article.

Article 39. Exemption from execution of the remaining duration of decisions on consignment to compulsory drug addiction treatment establishments for persons aged between full 14 years and under 18 years and undergoing compulsory drug addiction treatment

In case a person aged between full 14 years and under 18 who years and undergoing compulsory drug addiction treatment is detected to have committed a crime before or during his/her execution of the decision on compulsory drug addiction treatment and is sentenced by the court to imprisonment but is not entitled to suspended sentence, he/she shall be exempted from executing the remaining duration of the decision on consignment to a compulsory drug addiction treatment establishment.

Article 40. Post-treatment management in places of residence

1. Persons who have completed voluntary drug addiction treatment, persons who have completed opioid addiction treatment with alternatives and persons aged between full 12 years and under 18 years who have completely executed decisions on consignment to compulsory drug addiction treatment establishments shall be subject to post-treatment management for 1 year after completing the treatment or completely executing such decisions.

2. Persons who have completely executed decisions on application of the administrative remedy of consignment to compulsory drug addiction treatment establishments shall be subject to post-treatment management for 2 years after completely executing such decisions.

3. Post-treatment management covers:

a/ Making a list of persons subject to post-treatment management;

b/ Providing counseling and assistance, and preventing drug addiction relapse;

c/ Monitoring, detecting and preventing illegal drug use.

4. Social support during post-treatment management period covers:

a/ Support for persons aged between full 12 years and under 18 years to learn academic knowledge;

b/ Support in vocational education, loan borrowing, employment and participation in social activities for community integration.

5. Chairpersons of commune-level People’s Committees shall issue decisions on post-treatment management and social support and organize the implementation of such decisions.

6. The Government shall specify dossiers, order and procedures, management mechanisms and policies for providing support for persons subject to post-treatment management.

Article 41. Intervention measures to reduce harms to illegal drug users and drug addicts

1. Intervention measure to reduce harms to illegal drug users and drug addicts means a measure aiming to reduce harms of illegal drug use caused to such persons and their families and communities.

2. Intervention measures to reduce harms to illegal drug users and drug addicts include:

a/ Opioid addiction treatment with alternatives;

b/ Other measures specified by the Government.

Article 42. Responsibilities of families of drug addicts and communities

1. The family of a drug addict shall:

a/ Support the drug addict during drug addiction treatment, post-treatment management and community integration.

b/ Coordinate with competent agencies and persons in preparing dossiers for application of the measure of compulsory drug addiction treatment; coordinate with related agencies, organizations and units in supporting drug addicts during drug addiction treatment, post-treatment management and community integration.

2. The community where a drug addict resides shall:

a/ Give encouragement to and assist the drug addict;

b/ Coordinate with related agencies, organizations and units in supporting drug addicts during drug addiction treatment, post-treatment management and community integration.

Article 43. Making of lists of drug addicts and persons subject to post-treatment management

1. Commune-level public security offices shall assist same-level People’s Committees in making lists of drug addicts and persons subject to post-treatment management residing in their localities.

2. When a drug addict or person subject to post-treatment management changes his/her place of residence, the commune-level public security office of the locality from which he/she leaves shall notify thereof to the commune-level public security office of the locality to which he/she moves within 5 working days after he/she leaves the locality for the latter to include him/her in the list of drug addicts and persons subject to post-treatment management and coordinate in management.

3. Commune-level public security offices shall assist same-level People’s Committees in removing a drug addict or person subject to post-treatment management from the list of drug addicts and persons subject to post-treatment management in the following cases:

a/ His/her illegal drug use is not detected during the post-treatment management period under Clause 1 or 2, Article 40 of this Law;

b/ He/she is sentenced to imprisonment;

c/ He/she moves to reside in another locality;

d/ He/she dies or is declared missing by a court.

 

Chapter VI

STATE MANAGEMENT OF DRUG PREVENTION AND CONTROL

Article 44. Contents of state management of drug prevention and control

1. Formulating, and organizing the implementation of, strategies, guidelines, policies and plans on drug prevention and control.

2. Promulgating, and organizing the implementation of, legal documents on drug prevention and control.

3. Defining the organizational apparatus, and providing training and further training for personnel engaged in drug prevention and control.

4. Controlling drug-related lawful activities.

5. Carrying out drug addiction treatment work and post-treatment management.

6. Organizing drug prevention and control.

7. Making state statistics on drug prevention and control.

8. Organizing research into and application of scientific and technological advances for drug prevention and control.

9. Organizing public communication and education about drug prevention and control.

10. Entering into international cooperation on drug prevention and control.

11. Carrying out commendation, examination and inspection, settling complaints and denunciations, and handling violations of the law on drug prevention and control.

Article 45. Responsibility for state management of drug prevention and control

1. The Government shall perform the uniform state management of drug prevention and control.

2. The Ministry of Public Security shall act as the focal agency to assist the Government in performing the state management of drug prevention and control.

3. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their tasks and powers, carry out and coordinate with related agencies and organizations in drug prevention and control.

4. People’s Committees of all levels shall, within the ambit of their tasks and powers, perform the state management of drug prevention and control in their localities.

Article 46. Responsibilities of the Ministry of Public Security

1. To promulgate according to its competence or submit to competent state agencies for promulgation legal documents on drug prevention and control.

2. To assume the prime responsibility for, and coordinate with related agencies and organizations in, drug prevention and control; to organize the receipt and processing of information on drug-related crimes; to control drug-related lawful activities according to its competence.

3. To organize expert assessment of narcotic substances and precursors.

4. To provide training and further training for personnel engaged in crime investigation for drug-related crime prevention and combat.

5. To guide the making of the lists of illegal drug users, drug addicts and persons subject to post-treatment management.

6. To assume the prime responsibility for collecting state statistics on drug prevention and control; to manage information on drug-related crimes, illegal drug users, drug addicts and persons subject to post-treatment management and results of the control of drug-related lawful activities.

7. To enter into international cooperation on drug prevention and control.

Article 47. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To promulgate according to its competence or submit to competent state agencies for promulgation legal documents on drug prevention and control.

2. To assume the prime responsibility for, and coordinate with related agencies and organizations and local administrations in, guiding the organization of family/community-based voluntary drug addiction treatment, drug addiction treatment in drug addiction treatment establishments and post-treatment management.

3. To guide the formation, dissolution and organization of operation of public drug addiction treatment establishments.

4. To provide training and further training for personnel engaged in drug addiction treatment and post-treatment management.

5. To guide and direct the public communication and education about drug prevention and control in the system of vocational education institutions.

6. To enter into international cooperation on drug addiction treatment.

7. To collect statistics on drug addicts who are undergoing family/community-based voluntary drug addiction treatment or drug addiction treatment in drug addiction treatment establishments.

Article 48. Responsibilities of the Ministry of National Defense

1. To promulgate according to its competence or submit to competent state agencies for promulgation legal documents on drug prevention and control.

2. To 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.

3. To direct the Border Guards and Vietnam Coast Guard forces to assume the prime responsibility for, and coordinate with related agencies and organizations and functional forces in, receiving and processing information on drug-related crimes, detecting, preventing and combating acts of violation of drug-related law, controlling drug-related lawful activities in the regions and areas specified in Clause 2 of this Article and other relevant laws.

4. To provide training and further training for full-time officers of the Border Guards and Vietnam Coast Guard officers who are in charge of drug-related crime prevention and combat.

5. To collect statistics on drug addicts in prisons, detention camps and custody houses subject to the ministry’s management.

Article 49. Responsibilities of the Ministry of Health

1. To promulgate according to its competence or submit to competent state agencies for promulgation legal documents on drug prevention and control.

2. To carry out research into drugs and methods for drug addiction treatment; to grant and revoke permits of drug circulation and methods for drug addiction treatment; and provide human resource and technical support for drug addiction treatment.

3. To make statistics on persons who are undergoing treatment of opioid addiction with alternatives.

Article 50. Responsibilities of the Ministry of Finance

To direct customs offices in carrying out drug prevention and control activities in accordance with this Law and other relevant laws.

 

Chapter VII

INTERNATIONAL COOPERATION ON DRUG PREVENTION AND CONTROL

Article 51. Principles of international cooperation on drug prevention and control

1. The Vietnamese State shall implement treaties on drug prevention and control and other relevant treaties to which the Socialist Republic of Vietnam is a contracting party on the principles of respecting one another’s independence, sovereignty and territorial integrity and mutual benefit; and cooperate with other countries, international organizations, and foreign organizations and individuals in drug prevention and control.

2. On the basis of the treaties to which the Socialist Republic of Vietnam is a contracting member, this Law and other relevant laws, and international agreements to which Vietnam has acceded, Vietnamese competent agencies shall implement programs on cooperation in drug prevention and control with related authorities of other countries, international organizations, and foreign organizations and individuals.

Article 52. Policy of international cooperation on drug prevention and control

The Vietnamese State shall adopt the policy of multilateral and bilateral international cooperation in the field of drug prevention and control on the principle of respecting one another’s national independence and sovereignty; encourage international organizations, and foreign organizations and individuals to cooperate with Vietnamese agencies and organizations for mutual support in terms of physical foundations, building of legal capacity, information, training technologies and healthcare for drug prevention and control activities.

Article 53. Controlled delivery of commodities

The Vietnamese State shall request the controlled delivery of commodities under treaties to which the Socialist Republic of Vietnam is a contracting party in order to detect and examine for penal liability persons who commit drug-related crimes. The decision on application of this method and such application must comply with the agreement reached between competent authorities of Vietnam and related countries.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 54. Effect

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

2. Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12, ceases to be effective on the effective date of this Law.

Article 55. Transitional provisions

1. From the effective date of this Law:

a/ Persons who are undergoing family/community-based voluntary drug addiction treatment or at drug addiction treatment establishments shall continue to undergo voluntary drug addiction treatment until the expiration of the registered period according to Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12, and be subject to post-treatment management according to this Law;

b/ Persons who are being subject to post-treatment management shall continue to execute the decision on post-treatment management until the expiration of the management period according to Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12. If a person undergoing post-treatment management who reaches full 18 years old on the effective date of this Law relapses into drug addiction, the administrative remedy of consigning him/her to a compulsory drug addiction treatment establishment shall be applied;

c/ Persons who are executing the decision on community-based compulsory drug addiction treatment under Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12, may register for voluntary drug addiction treatment according to this Law. The period during which they have executed such decision shall be included in the period of voluntary drug addiction treatment.

d/ Persons subject to consignment to compulsory drug addiction treatment establishments under Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12, and awaiting the preparation of dossiers for consignment to compulsory drug addiction treatment establishments shall undergo drug addiction treatment according to this Law;

dd/ The granted permits concerning drug-related lawful activities remain valid until their expiry dates.

2. Within 2 years from the effective date of this Law, compulsory drug addiction treatment establishments that were set up under Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12, must fully satisfy the conditions for public drug addiction treatment establishments specified in this Law.

Other drug addiction treatment establishments specified in Law No. 23/2000/QH10 on Drug Prevention and Control, which had a number of articles amended and supplemented under Law No. 16/2008/QH12, that have their operation permits granted before the effective date of this Law may continue their operation until the expiration of such permits.

This Law was passed on March 30, 2021, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 11th session.  

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN


[1] Công Báo Nos 567-568 (30/4/2021)

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