Quyết định 133/2002/QD-TTG

DECISION

ISSUING THE REGULATION ON COORDINATION AMONG THE POLICE, BORDER GUARD, COAST GUARD AND CUSTOMS FORCES IN THE DRUG-RELATED CRIME PREVENTION AND COMBAT IN BORDER AREAS, AT BORDER-GATES AND ON THE SEA

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 22, 2000 Law on Drug Prevention and Combat;
Pursuant to the Prime Minister’s Decision No. 150/2000/QD-TTg of December 28, 2000 approving the drug prevention and combat action program in the 2001-2005 period;
At the proposal of the Minister of Public Security, the Minister of Defense and the General Director of Customs under the Ministry of Finance,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on coordination among the Police, Border Guard, Coast Guard and Customs forces in the drug-related crime prevention and combat in border areas, at border gates and on the sea.

Article 2.- This Decision takes effect 15 days after its signing.

Article 3.- The Minister of Public Security, the Minister of Defense, the Minister of Finance, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People’s Committees shall have to implement this Decision.

REGULATION

ON COORDINATION AMONG THE POLICE, BORDER GUARD, COAST GUARD AND CUSTOMS FORCES IN THE DRUG-RELATED CRIME PREVENTION AND COMBAT IN BORDER AREAS, AT BORDER GATES AND ON THE SEA
(Issued together with Decision No. 133/2002/QD-TTg of October 9, 2002 of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1.- Responsibilities of the Police, Border Guard, Coast Guard and Customs forces in the prevention and combat of drug-related crimes in border areas, at border gates and on the sea:

1. The Public Security Ministry’s police force in charge of drug-related crime prevention and combat shall take initiative in coordinating with the functional forces of the Border Guard, the Coast Guard and the Customs in carrying out activities to prevent, stop and combat drug-related crimes in border areas, at border gates and on the sea.

2. The Defense Ministry’s Border Guard force shall assume the prime responsibility and coordinate with the Police and Customs forces as well as the local authorities in border areas in carrying out activities to prevent, stop and combat drug-related crimes in border areas.

3. The Defense Ministry’s Coast Guard force shall assume the prime responsibility and coordinate with the Police, Border Guard and Customs forces in detecting, seizing and handling drug-related crimes committed on the sea, including the internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of Vietnam.

4. The Finance Ministry’s Customs force shall assume the prime responsibility and coordinate with the Police, Border Guard and Coast Guard forces in inspecting, controlling, detecting and handling acts of illegally trading and transporting drugs, pre-substances, addictives, psychotropic substances in areas under the Customs control, including national and international border gates, goods clearance gates, bonded warehouses

Article 2.- Principles for coordination among the Police, Border Guard, Coast Guard and Customs forces:

1. The coordination among the Police, Border Guard, Coast Guard and Customs forces shall be based on the functions, tasks and powers of each force already prescribed by law, ensuring unity, cooperation and mutual support in order to bring into full play the strengths and effectiveness in the prevention and combat of drug-related crimes in border areas, at border gates and on the sea.

2. To ensure the uniform State management over the drug prevention and combat in each specialized branch, avoid weaknesses, overlapping, obstacles to the travel and lawful activities across the borders, at border gates and on the sea.

3. The exchange of crime information, the investigation and the application of professional measures must comply with the prescribed secret-keeping regime.

4. The Public Security Ministry’s agency in charge of drug-related crime prevention and combat shall act as the core and the central coordinator of activities of the concerned forces in the drug-related crime prevention and combat in the whole country, including border areas, border gates and sea areas.

Chapter II

CONTENTS OF COORDINATION OF DRUG-RELATED CRIME PREVENTION AND COMBAT IN BORDER AREAS, BORDER GATES AND ON THE SEA

Article 3.- The regime of exchange of information and materials and processing of reports and denunciations about drug-related crimes among the Police, Border Guard, Coast Guard and Customs forces:

1. The Ministry of Public Security, the Ministry of Defense and the Ministry of Finance shall, within the scope of their respective powers, uniformly direct the forces in charge of drug prevention and combat at all levels to closely collaborate in grasping the situation of drug-related crimes and exchanging information thereon so as to coordinate with one another in preventing and combating drug-related crimes in the localities and domains assigned to them. They shall implement the regime of monthly, quarterly and annual briefings. For unexpected cases, the forces shall inform one another thereof for coordinated settlement.

2. The agencies in charge of drug-related crime prevention and combat, which are under the Ministry of Public Security, the Border Guard, the Coast Guard and the Customs at all levels shall, when organizing training, workshops, symposiums on drug-related crime prevention and combat, have to inform such to the above-said agencies of the same level for the latter�s representatives to participate in.

3. The regime, content and form of exchange of information and materials relating to drug-related crime prevention and combat among the Police, Border Guard, Coast Guard and Customs forces at all levels are prescribed as follows:

a/ For information and materials on the situation and activities of drug criminals related to inland areas, which are collected by the Border Guard, Coast Guard and Customs forces, if the police force’s coordination is required, the units that receive such information and/or materials shall have to promptly report them to their immediate superior agencies and concurrently inform the police force and concerned forces of the same level thereof for coordinated combat.

Upon receiving information and/or materials on activities of drug criminals related to border areas, border gates or on the sea, the police force shall have to inform the direct units of the Border Guard, Coast Guard or Customs force thereof for coordinated settlement.

b/ The Ministry of Public Security shall have to inform the Ministry of Defense and the Ministry of Finance of the situation of prevention and combat of drug-related crimes, new modes and tricks of activity of drug criminals at home and abroad, the situation of production, trafficking, transportation, use, storing, organization of illegal use of drugs

c/ Quarterly, the provincial-level Police, Border Guard, Coast Guard and Customs forces (in the border provinces) shall hold briefings to uniformly assess the situation as well as the prevention and combat of drug-related crimes. Monthly, the police in border districts, Border Guard stations, border-gate customs sub-departments and Coast Guard units stationed in the concerned localities shall hold briefings to exchange information on the situation of, and reach agreement on the measures to prevent and combat, drug-related crimes. These briefings shall be sponsored by the police force.

d/ The Public Security Ministry’s agency in charge of drug-related crime prevention and combat shall have the responsibility to sum up the situation of activity of drug criminals in border areas, at border gates, on the sea and in inland areas, report it to the leaders of the Ministry of Public Security for, after consulting the Ministry of Defense and Ministry of Finance, direction of the implementation of undertakings, plans and settlement measures in each period.

Article 4.- Regime of coordination in the implementation of professional measures

1. The police force shall coordinate with the Border Guard, the Coast Guard and the Customs at all levels in the propagation work to help people in the border areas, at border gates and on the sea grasp the legislation on drug prevention and combat, tricks employed by drug criminals, consequences and harms caused by drugs to social life; thereby to launch a mass movement for active participation in preventing, detecting and denouncing drug-related crimes.

2. The Border Guard stations and sub-regions as well as functional departments of the provincial-level Border Guard Commands, the Coast Guard units, border and border-gate customs sub-departments and professional units of the provincial-level Customs Departments shall coordinate with the Public Security Ministry’s drug-related crime prevention and combat force of the same level in performing comprehensively all essential professional tasks in the localities under their management.

In areas where occur serious and complicated cases, if deeming it necessary, the Public Security’s drug-related crime prevention and combat force shall assume the prime responsibility and coordinate with the Border Guard, Coast Guard and Customs forces in concentrating efforts on handling them completely.

3. When the Public Security Ministry’s drug-related crime prevention and combat force needs to carry out professional scouting activities in border areas, adjacent areas, at border gates or on the sea, the Border Guard, Coast Guard and Customs forces shall create conditions, supply information and support the deployment of such activities.

4. When the Border Guard, Coast Guard and Customs forces apply professional measures to prevent and combat drugs, the police force in charge of drug-related crime prevention and combat shall have to share information and materials on the drug-related crime situation and activity in inland areas, related to border areas, border gates and sea areas, and at the same time apply necessary supportive professional measures according to their law-prescribed jurisdiction.

Article 5.- Regime of coordination in investigating and handling specific cases:

1. The Border Guard, the Coast Guard and the Customs offices at all levels shall investigate and handle drug-related offenses specified in Chapter XVIII of the 1999 Penal Code, which occur in the localities under their respective management, according to their respective jurisdiction defined in the Ordinance on Organization of Criminal Investigation, the Ordinance on the Border Guard, the Ordinance on the Coast Guard, and the Customs Law. In the course of investigation, the Border Guard, the Coast Guard and the Customs may, when necessary, send detained persons into the custody houses or detention camps of the police force.

2. Upon receiving the requests of the Border Guard, the Coast Guard and/or the Customs of the same level to pursue law-breaking subjects and/or means that flee from border areas, border gates or the sea into inland areas, the police force at all levels shall have to deploy its force to coordinate in hunting and arresting them, then handing them over to the Border Guard, the Coast Guard or the Customs, or receive dossiers for further investigation and handling.

For big drug cases detected and combated by the Border Guard, the Coast Guard and the Customs, which involve subjects related to inland areas and need to be clarified, they shall be transferred to the police force in charge of drug-related crime prevention and combat and the investigation police agency of the same level for further investigation according to the provisions of law (except for drug cases under the investigating competence of the military investigation agency).

For separate cases detected and combated by the police force, which involve subjects related to the areas under the management of the Border Guard, the Coast Guard and the Customs forces, the Border Guard, the Coast Guard and the Customs forces shall coordinate with and create conditions for the police force as requested.

3. For complicated drug cases involving subjects related to many localities and foreign countries for which special-case boards must be set up with the participation of the police, Border Guard and Coast Guard forces, the police force shall assume the prime responsibility in such boards.

For separate cases detected by the Border Guard, the Coast Guard and the Customs forces, they shall be investigated according to current law provisions. When requested, the police force shall have to render support and coordination.

4. Where the police force needs to carry out professional tasks, investigate, scout and/or verify drug-related crimes in border areas, at border gates and on the sea, the Border Guard, Coast Guard and Customs forces shall have to coordinate with, and create conditions for, the police force to accomplish its missions. The police force shall have to support the Border Guard, the Coast Guard and the Customs forces when the latter request the police force’s coordination in inland areas.

5. After completing the investigation and handling, the involved parties shall inform one another of the coordination results and draw experiences therefrom.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6.- Strengthening and streamlining the forces engaged in preventing and combating drug-related crimes

1. The Ministry of Public Security, the Ministry of Defense and the Ministry of Finance shall take initiative in strengthening and streamlining their respective forces in charge of drug prevention and combat, depending on the functions and tasks of each force as well as the requirements of each region and locality. Officers and men engaged in drug prevention and combat must be carefully selected, have good qualities, firm and unswerving stance, professional qualifications, law knowledge and capabilities. They shall, as a priority, be equipped with necessary equipment and means of transport, information and communication equipment as well as weapons and support instruments, be fostered in the drug-related crime prevention and combat operation right when they are studying at professional schools of each branch.

2. In case of necessity, the Police, the Border Guard, the Coast Guard and the Customs forces may set up inter-branch anti-drug task-force units operate along key routes and in key areas. These units shall be organized under the prime responsibility of the force that proposes their establishment; other forces shall have to appoint their officers and men to join therein.

Article 7.- Organization of implementation:

1. The Minister of Public Security, the Minister of Defense and the Minister of Finance shall have to direct and guide the implementation of this Regulation. In the course of implementation if it is necessary to supplement and/or amend the Regulation, the Ministry of Public Security shall sum up supplements and amendments for submission to the Prime Minister.

Annually, preliminary reviews shall be organized and the commendation and discipline regime be implemented according to regulations.

2. The Public Security Ministry’s agency in charge of drug-related crime prevention and combat shall have to supervise and inspect the implementation of this Regulation and periodically report the implementation results to the chairman of the National Committee for AIDS, drug-related evils and prostitution prevention and combat.