Nghị định 105/2021/ND-CP

DECREE

ELABORATING UPON THE LAW ON PREVENTION AND CONTROL OF NARCOTIC SUBSTANCES

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on Prevention and Control of Narcotic Substances dated March 30, 2021;

At request of Minister of Public Security;

The Government promulgates Decree elaborating upon the Law on Prevention and Control of Narcotic Substances.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates the Law on Prevention and Control of Narcotic Substances regarding cooperation of drug-related crime preventing authorities; control of legal activities related to narcotic substances and management of individuals using narcotic substances illegally specified under Clause 5 Article 11, Clause 2 Article 13, Clause 2 Article 14, Article 16, Clause 3 Article 17, Article 18, Article 19, Clause 6 Article 23 of the Law on Prevention and Control of Narcotic Substances No. 73/2021/QH14 dated March 30, 2021.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and individuals engaging in cooperation for drug-related crime; control of legal activities related to narcotics; and management of illegal drug users.

Article 3. Implementation rules

1. Cooperation of drug-related crime preventing authorities; control of legal activities related to narcotics; and management of illegal drug users must comply with the Law on Prevention and Control of Narcotic Substances, this Decree, and relevant law provisions.

2. Cooperation between drug-related crime preventing authorities must conform to the following rules:

a) On the basis of functions, tasks, and powers of each department and local authority, drug-related crime preventing authorities shall cooperate in a manner that guarantees unification and mutual assistance;

b) Each drug-related crime preventing authority shall be in charge of preventing and fighting drug-related crimes in an area and other authorities shall cooperate within their functions and tasks;

c) The exchange of information crime and execution of professional measures must be timely, precise, and compliant with regulations on protection of government secret;

d) Drug-related crime preventing authorities affiliated to the People’s police shall serve as the center for cooperation between other drug-related crime preventing authorities.

3. The control of legal activities relating to narcotics must comply with the following rules:

a) Legal activities relating to narcotics mentioned under Clause 1 Article 12 of the Law on Prevention and Control of Narcotics Substances must be under strict and thorough control within each sector;

b) Competent regulatory authorities, within their functions, tasks, and powers, are responsible for managing professional activities and cooperating in controlling legal activities related to narcotics.

4. Management of illegal drug users must comply with the following rules:

a) The management of illegal drug users must be implemented in a manner that is transparent, objective, and compliant with regulations and law;

b) The management of illegal drug users must be implemented in a manner that respects and protects legal rights, benefits of illegal drug users and their families;

c) Families, agencies, organizations, and communities where illegal drug users reside, work, and study are responsible for managing the illegal drug users;

d) Information and documents on illegal drug users must be updated regularly and precisely;

dd) Authorities must strictly cooperate in managing illegal drug users within their functions, powers, and responsibilities, and comply with procedures, deadline for resolving tasks;

e) Forbid abusing the management of illegal drug users to violate legal rights and benefits of citizens.

Article 4. Term interpretation

In this Decree, terms below are construed as follows:

1. “narcotic substance production” refers to the process of creating narcotic substances from plants containing narcotic substances, precursors, chemicals, or other narcotic substances by any means or methods. This product does not include the planting of plants containing narcotic substances.

2. “precursor production” means the production of precursors via chemical reactions.

3. “training for prevention and control of drug-related crimes” refers professional trainings and advanced training for individuals engaged in prevention and control of narcotic substances; professional animal training and other activities regarding methods, manners, signs of identifying narcotic substances, precursors, addictive substances, psychotropic drugs, precursor drugs, drug ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and/or veterinary drugs and containing narcotic substances, precursors.

4. “narcotic substance origin tracing” refers to application of biochemical, chemical, and physical methods to identifying state, nature of ingredients, handwriting, images, logos on packaging, containers, and labels in order to identify origin, ingredients, methods, production methods of narcotic substances serving prevention and control of drug-related crimes.

Chapter II

COOPERATION OF DRUG-RELATED CRIME PREVENTING AUTHORITIES

Article 5. Drug-related crime preventing authorities

1. Drug-related crime preventing authorities affiliated to the People’s police include: Investigation Police Department for Drug Crimes, Ministry of Public Security; Investigation Police Departments for Drug Crimes of provinces and central-affiliated cities; Investigation Police Teams for Drug Crimes (or Teams specializing in investigating drug crimes) of police authorities of districts, district-level towns, provinces, and central-affiliated cities.

2. Drug-related crime preventing authorities affiliated to the Border Guard include: Department of Drug and Crime Prevention and Control; Task Force Commissions for Drug and Crime Prevention and Control, Command of Border Guard, Ministry of National Defense; Department of Drug and Crime Prevention and Control (Drug and Crime Prevent and Control Authority), Task Forces for Drug and Crime Prevention and Control affiliated to Commands of Border Guard of provinces and cities; Drug and Crime Prevention and Control Forces affiliated to Border Guard Stations (Command of Port Border Guard); Naval Border Guard Squadrons

3. Drug-related crime preventing authorities affiliated to Vietnam Coast Guard include: Department of Operations and Legislation, Task Force Commissions for Drug and Crime Prevention and Control, Command of Vietnam Coast Guard, Ministry of Defense; Department of Drug and Crime Prevention and Control affiliated to Coast Guard.

4. Drug-related crime preventing authorities affiliated to Customs include: Anti-smuggling and Investigation Department affiliated to the General Department of Customs, Ministry of Finance; Drug Prevention and Control Teams (or Customs Control Teams) affiliated to Customs Departments of provinces, multi-provinces, and cities; Narcotic Substance Control Group affiliated to Customs Sub-departments of border checkpoints.

Article 6. Cooperation in leading

1. Drug-related crime preventing authorities must cooperate in conducting research, producing reports, consulting competent authority about policies and solutions for promoting cooperation in prevention and control of drug-related crimes.

2. Propose amendment and addition to policies and regulations when new issues regarding prevention and control of drug-related crimes arise within their competent or report to competent authority in order to do so in order to satisfy state management requirements regarding narcotic substance prevention and control.

3. Cooperate in implementing and organizing effective implementation of tasks within the sector.

Article 7. Cooperation in informing and mobilizing the general public

Drug-related crime preventing authorities shall exchange and discuss in order to consult governments of all levels to publicize and raise awareness of the general public about regulations on narcotic substance prevention and control, methods of operation of drug-related criminals, consequences and impact of narcotic substances; compose documents, develop and implement plans for publicizing and mobilizing the general public to prevent, seek, inform, and fight against drug-related crimes and criminals.

Article 8. Cooperation in exchanging information

1. Information and documents to be exchanged between drug-related crime preventing authorities include:

a) Situation of worldwide drug-related crimes; policies and regulations of other countries regarding narcotic substances; information on drug-related crimes related to Vietnam exchanged between countries and international organizations; situation of drug-related crimes in border areas, border checkpoints, and at sea.

b) Results of drug-related crime prevention and control of each entity; processing results of intelligence, information on drug-related crimes in border areas; forecast about trend and situation of drug-related crimes; methods, schemes, and rules of operation of offenders; key organizations, supply chains, groups, and areas; individuals wanted for drug-related crimes;

c) Procedures for operation, experience, and solutions for dealing with difficulties in preventing and controlling drug-related crimes of drug-related crime preventing authorities;

d) Scientific, technological, and technological advances that can be applied to prevention and control of drug-related crimes;

dd) New types of narcotic substances and new legislative documents on preventing and controlling drug-related crimes;

e) Other information and documents on demand.

2. Drug-related crime preventing authorities affiliated to the People’s police, Border guards, Vietnam Coast Guard, and Customs are responsible for promptly informing and sharing information, documents on activities of drug-related crimes related to the areas under management of other entities in order to cooperate in execution.

Article 9. Cooperation in executing operational measures

1. Drug-related crime preventing authorities shall cooperate in organizing forces, methods, and adopting operational measures in order to prevent, control drug-related crime, and exchange operational affairs to serve investigation and resolution of the case.

2. Drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs shall cooperate with drug-related crime preventing authorities affiliated to the People’s police of the same levels in implementing operational measures in areas under their management.

a) In key areas and areas with complicated drug issues, drug-related crime preventing authorities affiliated to the People’s police shall cooperate with drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs in developing plans for implementing operational measures;

b) When requested by drug-related crime preventing authorities affiliated to the People’s police to cooperate in conducting reconnaissance in border areas, checkpoints, and at sea, drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs are responsible for cooperating in exchanging information and assisting implementation;

c) When drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs implement operational measures to prevent and control drug-related crimes in border areas, checkpoints, and at sea, drug-related crime preventing authorities of the People’s police are responsible for cooperating in exchanging information and providing assistance.

Article 10. Cooperation in pursuing major cases, investigating and handling specific cases, matters

1. Drug-related crime preventing authorities shall cooperate in establishing and resolving major cases as follows:

a) For drug-related major cases handled by drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs and involving entities in domestic areas, drug-related crime preventing authorities affiliated to the People’s police shall actively cooperate, comply with request, and promptly receive documents and exhibits to conduct investigation as per the law;

b) For drug-related major cases handled by drug-related crime preventing authorities affiliated to the People’s police and involving entities in border areas, checkpoints, and at sea, drug-related crime preventing authorities affiliated to the Border Guard, Coast Guard, and Customs shall cooperate and comply with request;

c) For complicated drug-related major cases involving entities which are related to multiple provinces and operate beyond a country’s border, agencies shall establish a commission of investigation for investigation. The drug-related crime preventing authority that discovers the drug-related crimes shall host together with drug-related crime preventing authorities affiliated to the People’s police while the other agencies shall cooperate; the immediate superior of entity that establishes the major case shall have the power to establish the commission of investigation; establish Major case Steering committee with the police authority acting as the director of the Steering committee and the Border Guard, Vietnam Coast Guard, and Customs as the members; the Major case Steering committee shall be the immediate superior to the commission of investigation;

d) If drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs, within their jurisdiction, discover information and documents that serve as the basis for establishing major cases, they shall take charge and cooperate with other drug-related crime preventing authorities in establishing the major cases.

2. Drug-related crime preventing authorities shall cooperate during investigation and imposing penalties for drug violations as per the law.

a) When drug-related crime preventing authorities affiliated to the People’s police request operational measures serving investigation of drug-related crimes in border area, checkpoints, and/or at sea, the respective drug-related crime preventing authorities are responsible for cooperating and facilitating the drug-related crime preventing authorities affiliated to the People’s police;

b) Drug-related crime preventing authorities affiliated to the People’s police are responsible for assisting and enabling drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs when these entities request cooperation in investigating and dealing with drug-related crimes and violations;

Upon receiving request of drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs for cooperation in pursuing subjects, searching for vehicles and exhibits relating to drug-related crimes and violations in border areas, checkpoints or at sea, drug-related crime preventing authorities affiliated to the People’s police are responsible for immediately dispatching forces for apprehension and search. Upon apprehending the suspects, vehicles, and/or exhibits, immediately and notify and transfer documents on the suspects, vehicles, and exhibits to the requesting authority for further investigation as per the law;

c) Once the investigation concludes, entities shall notify each other of cooperation results and organize final experience-learning conclusion.

3. If necessary, drug-related crime preventing authorities shall take charge and propose establishment of Interdisciplinary Task Forces; other drug-related crime preventing authorities shall assign officials to participate. The task groups shall be automatically dissolved once the task is completed.

Article 11. Other cooperation affairs

1. Drug-related crime preventing authorities, within their tasks, functions, and powers, are responsible for cooperating and assisting each other in the training for prevention and control of drug-related crimes; cooperate in implementation or request competent authority to consider commending individuals and entities having exceptional achievements in cooperation in prevention and control of drug-related crimes.

2. Cooperate in performing international cooperation in prevention and control of drug-related crimes.

Article 12. Forms of cooperation

1. Exchange, provide information, documents, and situation relating to cooperation between drug-related crime preventing authorities via face-to-face meeting, means of communication and sending documents, etc.

2. Execute plans for publicizing and mobilizing the general public to participate in preventing and controlling narcotic substances.

3. Carry out interdisciplinary patrols; develop and implement operational plans, establish common major cases, cooperate in fighting drug-related crimes in key areas.

4. Organize periodic meetings, conferences, seminars, and discussions regarding issues in cooperation between authorities.

5. Organize classes for teaching, training, and improving drug-related crime prevention and control operations.

6. Produce periodic or irregular reports; organize operational transfer, preliminary conclusions, and final conclusions regarding cooperation according to this Decree.

Article 13. Duty transfer, report, and statistical report policies

1. Duty transfer policies

a) Drug-related crime preventing authorities shall perform periodic duty transfer as follows:

In central government: Take turn hosting duty transfer meeting once a year.

In provincial government: Take turn hosting duty transfer meeting once every 6 months.

b) After each periodic duty transfer meeting, entities shall submit reports on the meeting results to their immediate superior and inform their affiliated entities for implementation;

c) In case of being requested irregularly or in case of complicated situations, drug-related crime preventing authorities must actively inform each other using appropriate methods such as irregular meetings, means of communication, guard duty, commander duty.

2. Reports and statistical reports

Once every 6 months or once every year, drug-related crime preventing authorities shall submit reports on situation, results, and figures regarding cooperation between drug-related crime preventing authorities to their immediate superior. Regarding major cases, cases, and matters involving drug-related violations handled by cooperation between entities, the presiding entities are responsible for producing initial statistical reports and informing cooperating entities.

Central drug-related crime preventing authorities are responsible for consolidating general reports and submit to the Ministry of Public Security.

Report submission date and figure collection date shall conform to regulations of the Government on reporting policies of government administrative agencies.

Chapter III

CONTROL OF LEGAL ACTIVITIES RELATING TO NARCOTIC SUBSTANCES

Section 1. CONTROL OF RESEARCH, ASSESSMENT, PRODUCTION, AND TRANSPORT OF NARCOTIC SUBSTANCES, PRECURSORS, AND VETERINARY DRUGS CONTAINING NARCOTIC SUBSTANCES OR PRECURSORS

Article 14. Competent authority entitled to permit research, assessment, production, transport of narcotic substances and precursors, and activities relating to veterinary drugs containing narcotic substances or precursors

1. The Ministry of Public Security shall permit agencies and organizations to conduct the following activities:

a) Research on narcotic substances and precursors specified under the list of narcotic substances and precursors promulgated by the Government;

b) Production of narcotic substances and precursors under the list of narcotic substances and precursors promulgated by the Government (other than the precursors under management and permission of the Ministry of Industry and Trade or the Ministry of Health);

c) Transportation of narcotic substances under the list of narcotic substances promulgated by the Government.

2. The Ministry of Agriculture and Rural Development shall permit agencies, organizations, and individuals to conduct research, test, assess, produce, transport, preserve, retain, sell, purchase, distribute, use, dispose, and exchange veterinary drugs containing narcotic substances or precursors.

3. Departments of Industry and Trade of provinces and central-affiliated cities shall permit agencies, organizations, and individuals to produce precursors under the list of precursors promulgated by the Government and applicable legislative documents on chemical management (for precursors under management of the Ministry of Industry and Trade).

4. Ministry of Public Security and Ministry of Agriculture and Rural Development, within their tasks and powers, shall assign authorities to receive application, assess, and decide to permit research, production, transport of narcotic substances and precursors, and activities relating to veterinary drugs containing narcotic substances and precursors under Section 1 of Chapter III hereof (hereinafter referred to as “permitting authority”).

5. The Ministry of Public Security, within their functions, tasks, and state management powers regarding technical assessment, is responsible for organizing procedures for assessing narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors in accordance with the Law on Judicial Expertise, the Criminal Procedure Code, relevant law provisions, and Section 3 Chapter III hereof.

Article 15. Control of research on narcotic substances and precursors

1. Procedures for permitting research on narcotic substances and precursors

a) When a science and technology organization established in accordance with the Law on Science and Technology (hereinafter referred to as “research organization”) wishes to conduct research on narcotic substances or precursors in accordance with Point a Clause 1 Article 14 hereof, they shall prepare an application in accordance with Clause 2 of this Article and submit in person or via postal service to the Ministry of Public Security or online via the online public service system of the Ministry of Public Security on the National single-window information portal;

b) Within 5 working days from the date on which an adequate application has been received, the permitting authority shall assess and inform the applicant in writing.

Any adjustment or addition of documents must be notified to the applicant by the permitting authority in writing within 3 working days from the date on which the permitting authority receives the application. The written notification must specify contents that need to be adjusted and/or added and deadline for submission. Receipt and processing of application must be performed within 3 working days from the date on which the permitting authority receives the updated application.

If the deadline for adjusting and/or adding to the application expires or the information in the application is inconsistent with that in the verifying documents, the permitting authority shall not process the application.

2. Application for conducting research on narcotic substances and precursors consists of:

a) Written application for conducting research produced by the applicant. The application must specify name, address of research organizations; list and roles of individuals engaging in the research; purpose of research; name and address of agencies, organizations supplying narcotic substances, precursors, name, CAS code, HS code, quantity, and contents of narcotic substances and precursors applied for research permission; time of research; time, route, and transport vehicles for transporting from supply location to the storage, research location;

b) Copies of the Science and technology registration certificate of the applicant;

c) Copies of Research plan approved by competent authority;

d) Documents proving legitimacy of the substances applied for research permission; safety plans, safety measures, and conditions for preserving narcotic substances and precursors applied for research permission; plans and measures to dispose residual narcotic substances and precursors left from the research process.

3. Written permission for research on narcotic substances and precursors

The written permission must specify information on name, address of research organization; name, CAS code, HS code, quantity, and content of the narcotic substances and precursors subject to research; permitted time for research; time, route, and transport vehicles (when transporting narcotic substances from storage to research locations);

The written permission shall be sent to research organization and police authority of provinces and cities where the research organization preserves and conducts research on the permitted narcotic substances.

4. Procedures for extending permission for research on narcotic substances and precursors

a) The research organization must send application for extending permission for research at least 3 days prior to the expiry date of the original permission. The application for extension must specify reason and period to be extended;

b) Permitting authority is responsible for reviewing and deciding whether or not to extend research deadline in writing within 3 working days from the date on which the application for extension is received;

c) Permission for extension shall conform to Point a and Point b Clause 3 of this Article;

d) Extension of research deadline shall not be granted for cases of altering research purposes, type of substances, content, quantity, safety measures, and conditions for preserving narcotic substances and precursors applied for extension of research; plans and solutions for disposing residual narcotic substances and precursors produced during the extended research period.

5. Research on narcotic substances under this Article must be monitored, inspected, and supervised closely from the permission granting phase to the completion date.

a) Research organization must comply with the written permission and must notify the permitting authority of completion of the research, research results, quantity of narcotic substances and precursors used; residual narcotic substances and precursors and disposal solutions;

b) Police authority of provinces and cities where research organizations preserve and research on the narcotic substances are allowed to assign personnel to monitor, inspect, and supervise the transport, deliver, receipt, preservation, and use of narcotic substances for research according to permitting documents and regulations and law;

c) Police authority shall discover any violation, immediately inform and cooperate with permitting authority in intercepting and handling as per the law.

Article 16. Control of production of narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors

1. Procedures for permitting production of narcotic substances and precursors

a) Prior to producing narcotic substances and precursors in accordance with Point b Clause 1 Article 14 hereof, a producing agency or organization (hereinafter referred to as “production applicant”) shall send the application in person or via postal office to the Ministry of Public Security or online via the online public service portal of the Ministry of Public Security on the National single-window system;

b) Within 30 working days from the date on which adequate application is received, permitting authority shall review, assess the producing facilities physically, and issue certificate of eligibility for producing narcotic substances and precursors;

c) Any revision or addition of must be notified by the permitting authority in writing within 3 working days from the date on which the application is received. The notification must specify documents and contents that need to be revised and/or added;

Once adequately adjusted application is received, permitting authority shall issue the permit in accordance with Point b Clause 1 of this Article;

If the applicant fails to revise or adjust the application within 3 months from the date on which the permitting authority issues the notice requesting adjustment, the submitted application shall no longer remain valid;

d) Documents, conditions, and standards of the production applicant and individuals related to the production shall conform to applicable regulations and law on pharmacy for drug ingredients that must be placed under special control and chemical management for chemicals under conditional production and sale.

2. Procedures for permitting production of veterinary drugs containing narcotic substances and precursors

a) When an agency or organization producing veterinary drugs containing narcotic substances or precursors, they shall submit application in person or via postal service to the Ministry of Agriculture and Rural Development or online via the online public service portal of the Ministry of Agriculture and Rural Development on the National single-window information portal;

b) Procedures, documents, conditions, and standards of the agency or organization and the individuals related to production, registration for circulation of veterinary drugs containing narcotic substances and precursors shall conform to regulations and law on animal health regarding veterinary drugs and this Decree;

c) When a facility which has obtained the certificate of eligibility for producing veterinary drugs as per applicable animal health laws wishes to produce veterinary drugs containing narcotic substances or precursors on the same line of production where veterinary drugs under the certificates of eligibility for production are produced, they must submit application consisting of: written application of the production applicant together with copies of the certificate of eligibility for production of veterinary drugs and documents proving production of veterinary drugs and the use of addictive substances, psychotropic substances, and precursors as ingredients of veterinary drugs.

Within 5 working days from the date on which adequate application is received, the permitting authority shall receive, assess, and issue certificate of eligibility for production for the production line of veterinary drugs containing narcotic substances and precursors; in case of rejection, the permitting authority shall respond in writing and specify reasons for rejection.

3. Procedures for reissuance of certificate of eligibility for production of narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors.

a) If the certificate is missing, defective, damaged, or altered in terms of information on the production applicant, the production applicant shall prepare an application for reissuance of certificate or a written request for reissuance of the certificate (if the error is on the permitting authority’s part) together with issued certificate. The application shall be sent in person or via postal service to the permitting authority or via the online public service portal of Ministry of Public Security, Ministry of Agriculture and Rural Development on the National single-window information portal;

b) Within 5 working days from the date on which adequate application is received, the permitting authority shall assess and reissue the certificate.

4. Procedures for revision of certificate of eligibility for production of narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors.

a) In case of any change to location, scale, type, model of research and/or production, the production applicant must produce an application consisting of: Official Dispatch and verified true copies of documents proving the changes. The application shall be sent in person or via postal service to the permitting authority or via the online public service portal of Ministry of Public Security, Ministry of Agriculture and Rural Development on the National single-window information portal;

b) The permitting authority shall conduct physical assessment at the facility and decide to revise the certificate following the procedures for issuing new certificate.

5. The production of narcotic substances, precursors, and veterinary drugs containing narcotic substances and precursors must be monitored, examined, and assessed closely from the permission granting stage to the completion stage.

a) Certificate of eligibility for production of narcotic substances, precursors, and veterinary drugs containing narcotic substances and precursors and certificate for sale of veterinary drugs containing narcotic substances and precursors shall be sent to the applicant, police authority of the province and regulatory authority in province where the production takes place;

b) The production applicant must comply with the certificate and stay under monitor, inspection, and supervision of authorities;

c) Police authorities of provinces and cities and specialized regulatory authorities in areas where production takes place must cooperate in monitoring, inspection, and supervising the production as per the law;

d) Police authority shall discover any violation, immediately inform and cooperate with permitting authority in intercepting and handling as per the law.

Article 17. Control of transport of narcotic substances

1. Procedures for applying for transport permit for narcotic substances

a) An agency or organization that wishes to transport narcotic substances (hereinafter referred to as “transport applicant”) shall produce an application according to Clause 2 of this Article and submit in person or via postal service to the Ministry of Public Security or online via the online public service portal of Ministry of Public Security via the Single-window information system;

b) Within 5 working days from the date on which an adequate application is received, permitting authority shall examine and issue transport permit to the transport applicant;

c) Any adjustment or addition of documents must be notified to the applicant by the permitting authority in writing within 3 working days from the date on which the permitting authority receives the application. The written notification must specify contents that need to be adjusted and/or added and deadline for submission. The receipt, examination, and issuance of transport permit shall be done within 5 working days from the date on which the adequately adjusted application is received.

2. Application for transport permit of narcotic substances

a) Application for transport permit of narcotic substances contains the following information: names, addresses of the consignor and the consignee; purpose of transport; name, CAS code, HS code, quantity, content of narcotic substances; time, route, and means of transport;

b) Copies of transport agreement between the transport applicant and the legal carrier;

c) Copies of permit for export, import, temporary import for re-export, temporary export for re-import of narcotic substances (when transporting from storage, preservation areas to border checkpoints or vice versa for customs procedures).

3. Transport permit shall be issued for each delivery and remain valid during the period specified on the permit without exceeding 6 months. The permit must specify names and addresses of the consignor and the consignee; purpose of delivery, name, CAS code, HS code, quantity, content of narcotic substances; time, route, and means of transport. The permit shall be sent to transport applicant, the carrier, Customs, Border Guard, Vietnam Coast Guard, police authority of provinces and cities along the route mentioned under the permit.

4. Procedures for extension and reissuance of transport permit of narcotic substances

a) At least 3 days prior to the expiration of the permit, the transport applicant must submit the application for extension to the permitting authority which specifies reason and duration of extension;

b) If the permit is missing or there is any change to the time, route, or means of transport, the transport applicant shall submit application for re-issuance of the permit together with the previously issued permit;

c) Within 3 working days from the date on which application of the transport applicant is received, permitting authority shall consider and allow extension or re-issuance of transport permit for cases under Point a and Point b of this Clause.

5. The transport of narcotic substances must conform to the permit. Record of delivery must be produced by the transport applicant and the carrier when handing over and receiving narcotic substances. The record must specify names and addresses of the consignor and the consignee; names and identification papers of the carrier and name of receiver; name, CAS code, HS code, quantity, and content of the narcotic substances; time, location of delivery and proof of delivery of both the consignee and the consignor.

6. The transport of narcotic substances under this Article must be monitored, inspected, and supervised closely from the permission granting stage to completion

a) The transport applicant and the carrier must be responsible for the quantity, quality, adopting protective measures to ensure safety and prevent loss during transport, and subject to monitor, inspection, and supervision of competent authority;

b) Police authority of provinces and central-affiliated cities, Border Guards, Vietnam Coast Guard managing areas along the permitted route must assign forces and vehicles to monitor, inspect, closely supervise, and ensure adherence to the route and other details under the permit. If an authority discovers any sign of violation, they must immediately report to the permitting authority and cooperate in intercepting and resolving as per the law.

Article 18. Control of activities relating to veterinary drugs containing narcotic substances or precursors

1. Control the production of veterinary drugs containing narcotic substances or precursors in accordance with Clause 2, Clause 3, and Clause 4 Article 16 of this Decree.

2. Testing, inspecting facilities for veterinary drugs containing narcotic substances or precursors must satisfy requirements and standards regarding facilities, location, and animal health practitioners in accordance with regulations and law on animal health regarding management of veterinary drugs, be designated by the Ministry of Agriculture and Rural Development to operate, and be subject to monitor, inspection, and supervision of competent authority.

3. Agencies, organizations, and individuals conducting research, transporting, preserving, storing, selling, distributing, using, processing, or exchanging veterinary drugs containing narcotic substances or precursors shall conform to regulations and law on animal health regarding management of veterinary drugs, this Decree and stay under monitor, inspection, supervision of competent authority.

4. The Ministry of Agriculture and Rural Development shall inspect activities relating to veterinary drugs containing narcotic substances or precursors in accordance with regulations and law on animal health for management of veterinary drugs and this Decree; discover violations and take actions within their competence or transfer the case to the competent authority for resolution as per the law.

Section 2. CONTROL OF IMPORT, EXPORT, TEMPORARY IMPORT FOR RE-EXPORT, TEMPORARY EXPORT FOR RE-IMPORT, AND TRANSIT WITHIN VIETNAMESE TERRITORY OF NARCOTIC SUBSTANCES, PRECURSORS, ADDICTIVE DRUGS, PSYCHOTROPIC DRUGS, PRECURSOR DRUGS, DRUG INGREDIENTS THAT ARE ADDICTIVE ACTIVE INGREDIENTS, PSYCHOTROPIC ACTIVE INGREDIENTS, DRUG PRECURSORS, AND VETERINARY DRUGS CONTAINING NARCOTIC SUBSTANCES AND PRECURSORS

Article 19. Competent authority entitled to permit and agencies, organizations, and individuals allowed to import, export, temporarily import for re-export, temporarily export for re-import, and transit within Vietnamese territory narcotic substances, precursors, addictive substances, psychotropic drugs, precursor drugs, drug ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and/or veterinary drugs and containing narcotic substances, precursors

1. The Ministry of Public Security permits agencies and organizations to:

a) Import and export narcotic substances and precursors under list of narcotic substances and precursors regulated by the Government (except narcotic substances and precursors that serve as medicinal ingredients and require special control and permission of Ministry of Health and industrial precursors that are under management and require permission of Ministry of Industry and Trade);

b) Transit narcotic substances and precursors under the list of narcotic substances and precursors regulated by the Government; addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances or precursors in Vietnamese territory.

2. Ministry of Industry and Trade permits agencies, organizations, and individuals to:

a) Import and export precursors under the list of precursors regulated (except for precursors under management and requiring permission of Ministry of Public Security and Ministry of Health);

b) Temporarily import for re-export and temporarily export for re-import narcotic substances and precursors under the list of narcotic substances and precursors regulated by the Government; addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances or precursors.

3. Ministry of Agriculture and Rural Development permits agencies and organizations to:

a) Import and export veterinary drugs containing narcotic substances or precursors;

b) Import narcotic substances and precursors used as ingredients for veterinary drugs that are narcotic substances precursors under the list of narcotic substance and precursors regulated by the Government.

4. Ministry of Public Security, Ministry of Industry and Trade, and Ministry of Agriculture and Rural Development, within their tasks and powers, shall assign authority to receive application, Appraise, and decide to permit activities under Clause 1, Clause 2, and Clause 3 of this Article (hereinafter referred to as “permitting authority”).

5. Agencies, organizations, and individuals that are Vietnamese traders and foreign traders engaging in commercial activities in Vietnam in accordance with the Law on Commerce (hereinafter referred to as “enterprises”) are allowed to conduct activities under Clause 1, Clause 2, and Clause 3 of this Article 3.

Article 20. Control of import, export of narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors

1. Procedures for applying for import, export permit

a) An enterprise operating in accordance with Point a Clause 1 and Clause 3 Article 19 of this Decree shall send the application for import, export permit prepared according to Clause 2 of this Article in person or via postal service to Ministry of Public Security, Ministry of Agriculture and Rural Development or online via the online public service portal of Ministry of Public Security, Ministry of Agriculture and Rural Development on the National single-window information portal;

b) Within 3 working days from the date on which adequate application for import permit is received, the permitting authority shall appraise and issue import permit;

c) Within 10 working days from the date on which adequate application for export permit for narcotic substances and precursors is received, permitting authority shall appraise, notify export value, and issue export permit. If competent authority of the importing country refuses to approve the notification of export value, the permitting authority shall not issue the permit and inform the applicant about the reason in writing;

d) Within 5 working days from the date on which adequate application for import, export permit for veterinary drugs containing narcotic substances and precursors as per the law, the permitting authority shall appraise and issue import, export permit.

2. Application for import, export permit

a) The application prepared using Form No. 1 under Appendix hereto;

b) Copies of the import permit or export permit of the country where the exports or imports come from (if any);

c) Certified true copies of the following copies: Investment registration certificate, Business registration certificate, Enterprise registration certificate, Certificate of eligibility for producing, conducting businesses for permitted activities, Certificate of eligibility for import and Certificate for selling veterinary drugs in Vietnam (except for cases where imports are used for research or treatment of wild, rare animals);

d) Copies of relevant contracts and orders together with master registers for comparison (when necessary);

dd) Other relevant documents: Certificate of Analysis (CoA) of the producer or product inspection record, product labels for veterinary drugs containing narcotic substances or precursors;

If the aforementioned documents are in foreign languages, attach notarized Vietnamese translations according the Law on Notarization.

3. Import, export permits using Form No. 02A and Form No. 02B under the Appendix attached hereto

a) The permit shall be issued for each instance of import, export and remain valid for the duration on the permit but no longer than 12 months. If import, export has not been implemented by the end of the duration in the permit, the applicant shall apply for extension without limit on number of instances of extension;

b) The permit shall be sent to the applicant, the Customs Sub-departments where customs procedures of the imports, exports are adopted, Ministry of Finance (General Department of Customs), and Ministry of Public Security for monitor, management, and implementation of pre-export notification requirements (when requested);

If the permit is not issued on the National single-window information portal, within 3 working days from the date on which the permission is granted, the permitting authority is responsible for sending the import, export permit to the applicant, Customs Sub-department where customs procedures of imports, exports are adopted, Ministry of Finance (General Department of Customs), and Ministry of Public Security.

If the permit is issued via the National single-window information portal during the period in which the Database center for controlling legal activities relating to narcotic substances (hereinafter referred to as “Database center”) affiliated to Ministry of Public Security is not connected to the National single-window information portal, within 3 working days from the date on which the permit is issued, permitting authority is responsible for notifying and sending the import, export permit to Ministry of Public Security;

d) The enterprise shall submit the application for issuance, revision, re-issuance of the missing, lost, or defective permit together with documents proving the revised contents or reports presenting the cause of the missing, lost permit to the permitting authority. Within 5 working days, the permitting authority shall review, revise, or re-issue the permit. In case of rejection, the permitting authority shall respond in writing and include the reasons for rejection.

4. Application and procedures for import, export permit of precursors in accordance with Point a Clause 2 Article 19 of this Decree shall conform to regulations and law on chemicals and relevant provisions under this Decree.

5. Customs are responsible for implementing customs procedures and inspection, supervising imports and exports as per the law. If imports or exports are inconsistent with the permit, customs authority shall cease all import, export procedures, produce records, and take actions within their competence; within 3 working days from the date on which the violation is discovered, customs authority is responsible for notifying permitting authority and Ministry of Public Security.

6. With respect to violations to regulations on control of import and export, heads of permitting authority and directors of Customs Sub-departments where customs procedures are adopted may decide to revoke import, export permit, cease, suspend import and export, take actions against the offenders and imports, exports within their competence, or transfer to competent authority as per the law depending on nature and severity of the violations.

Article 21. Control of temporary import for re-export and temporary export for re-import of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances and precursors

1. An enterprise operating in accordance with Point b Clause 2 Article 19 hereof shall send application for permit in accordance with regulations and law on foreign trade management, in person, or via postal service to Ministry of Industry and Trade, or online via the online public service portal of Ministry of Industry and Trade via the National single-window information system.

2. The permitting authority shall receive the application, appraise, notify export value in accordance with Point d Clause 2 Article 35 of this Decree, and issue temporary import for re-export or temporary export for re-import permit for narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances or precursors in accordance with the Law on Foreign Trade Management.

3. Within 3 working days from the date on which the permit is issued, permitting authority is responsible for sending the permit to the Customs Sub-departments where customs procedures are adopted, Ministry of Finance (General Department of Customs), and Ministry of Public Security.

4. The Customs is responsible for adopting procedures, inspecting, supervising in accordance with customs laws. The change to model, packaging, or container of goods temporarily imported for re-export, temporarily exported for re-import requires consent of Ministry of Industry and Trade and supervision of customs authority. If goods temporarily imported for re-export or temporarily exported for re-import are inconsistent with the permit, customs authority shall cease all customs procedures, produce records, and take actions within their competence; within 3 working days from the date on which the inconsistency is discovered, inform the permitting authority and Ministry of Public Security via the hotline.

Article 22. Control of transit of narcotic substances, precursors, addictive substances, psychotropic drugs, precursor drugs, drug ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and/or veterinary drugs and containing narcotic substances, precursors in Vietnamese territory

1. Procedures for applying for transit permit

a) An enterprise conducting activities under Point b Clause 1 Article 19 of this Decree shall submit applications prepared in accordance with Clause 2 of this Article in person or via postal service to Ministry of Public Security or online via the online public service portal of Ministry of Public Security on the National single-window information portal;

b) Within 5 working days from the date on which an adequate application is received, the permitting authority shall appraise and issue transit permit. In case of rejection, respond the applicant in writing and provide reasons for rejection.

2. Application for transit permit

a) Application for transit permit consists of information on name, address of the applicant; time, location, and reason for transit; name, address of manufacturing location, name, CAS code, HS code, quantity, and content; name, HS code, quantity of medicine and medicinal ingredients under control that need to be in transit; value of goods; vehicles, route, and conditions for ensuring safety during transport;

b) Master registers of transport agreement;

c) Master registers of any of the following documents: Official documents of competent authority of the country requesting transit of goods, export permit of the exporting country, or import permit of the importing country;

d) Master registers of transit permit of the countries which the exports or imports have previously transited between prior to entering Vietnam (if goods have transited between multiple countries).

If the aforementioned documents are in foreign languages, attach notarized Vietnamese translations according the Law on Notarization.

3. Transit permit

a) The permit must specify name, address of the enterprise allowed to transit goods; name, CAS code, HS code, UN code (if any), quantity, and content of chemicals allowed to be in transit; time and vehicles for transit; name of checkpoints which the goods travel through;

b) The transit permit is valid for a single use within the duration which is specified in the permit and not exceeding 2 months. If the goods have not been in transit before the end of the deadline in the permit, the enterprise may apply for extension of the deadline. The extension shall be granted once for no longer than 30 days;

c) Transit permit shall be sent to the applicant, Customs Sub-departments, police authority of provinces and central-affiliated cities, Border Guards, Vietnam Coast Guard where the goods will travel through, Ministry of Finance (General Department of Customs), and Ministry of Industry and Trade;

d) If the applicant wishes to revise or re-issue the permit, they shall submit the application together with documents proving the contents that need to be revised or reports presenting the cause of missing or lost to the permitting authority. Within 5 working days from the date on which adequate application is received, permitting authority shall revise the permit or re-issue the permit. In case of rejection, the permitting authority must respond the applicant in writing and specify reason.

4. Narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances or precursors in transit in Vietnamese territory must be placed in containers, packed, sealed, and compliant with international standards and regulations and attached documents. If any change to the seal or condition of the goods during transit is discovered, Customs Sub-department where transit procedures are adopted must immediately cease all customs procedures, produce records, take actions within their competent, and immediately inform Ministry of Public Security via the hotline.

5. The transit of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotics or precursors in Vietnamese territory must adhere to the entry and exit route and checkpoints specified in the transit permit. The enterprise whose goods are to be in transit must be subject to procedures and control of customs authority and competent authority of Vietnam and incur all transit costs as per the law;

Narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotics or precursors shall remain in transit in Vietnamese territory for up to 30 days from the date on which customs procedures are complete at import checkpoints, except for cases where the transit period is extended or the transit goods are stored in Vietnam or the transit goods or transport thereof is damaged;

The domestic sale of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotics or precursors must comply with regulations and law on import, export under this Decree and relevant law provisions.

6. Customs are responsible for performing customs procedures, inspecting, and supervising transit goods in accordance with customs laws. If transit goods are found to be inconsistent with the permit, customs authority shall cease all customs procedures, produce records, and take actions within their competence; within 3 working days from the date on which the violation is found, customs authority is responsible for informing permitting authority in person or informing Ministry of Public Security and Ministry of Industry and Trade via the hotline.

7. Police authority of provinces and central-affiliated cities, Border Guard, and Vietnam Coast Guard shall assign forces to closely control and monitor the transport in order to guarantee adherence to the route and other details in the permit. If goods come in great quantity or when necessary, the permitting authority has the right to request local police authority, Border Guard, and Vietnam Coast Guard to cooperate with Customs in escorting transit goods out of Vietnam. During adoption of transit procedures, the authority that discovers signs of violation must immediately inform customs authority for cooperation in intervention and actions as per the law.

8. Addictive drugs, psychotropic drugs, or precursor drugs carried for treating individuals in transit in Vietnamese territory shall not be considered to be in transit in Vietnamese territory. Individuals in transit are responsible for declaring, providing explanation for the used medicine with Vietnamese customs authority, adopting appropriate safety measures required by the customs authority in order to prevent the in appropriate use or illegal transport of the chemicals, and subject to control of Vietnamese authority.

Section 3. CONTROL OF LEGAL ACTIVITIES RELATING TO NARCOTIC SUBSTANCES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 23. Competent authority entitled to permit and agencies, organizations allowed to conduct legal activities relating to narcotic substances for national defense and security purposes

1. The Ministry of Public Security permits agencies and organizations to:

a) Conduct research and transport narcotic substances mentioned under the list of narcotic substances regulated by the Government;

b) Produce narcotic substances and precursors under the list of narcotic substances and precursors regulated by the Government;

c) Import and export narcotic substances and precursors under the list of narcotic substances and precursors regulated by the Government (except for precursors that require permission of Ministry of National Defense under Clause 2 of this Article);

d) Import samples of narcotic substances under Clause 5 of this Article.

2. The Ministry of National Defense permits agencies and organizations to import, export, sale, and use precursors under the list of precursors regulated by the Government (except for precursors under management and requiring permission of Ministry of Public Security and/or Ministry of Health).

3. Ministry of Public Security and Ministry of National Defense, within their tasks and powers, shall assign authorities to receive application, appraise, and decide to permit activities under Clause 1 and Clause 2 of this Article (hereinafter referred to as “permitting authority”).

4. Agencies and organizations must be designated and permitted (hereinafter referred to as “designated and permitted entities”) by Ministry of Public Security and Ministry of Health prior to carrying out activities under Clause 1 and Clause 2 of this Article.

5. Designated and permitted entities are allowed to import, manage, and use samples of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances or precursors used for national defense and security (hereinafter referred to as “narcotic substance samples”):

a) National Institute of Criminal Sciences, Ministry of Public Security is the only entity allowed to import narcotic substance samples;

b) Designated and permitted entities allowed to manage and use narcotic substance samples include:

Designated and permitted entities affiliated to the National Institute of Criminal Sciences, Ministry of Public Security; Police Departments of Criminal Sciences of provinces and central-affiliated cities are allowed to receive, manage, and use narcotic substance samples from the National Institute of Criminal Sciences of Ministry of Public Security in order to appraise and provide professional training for prevention and control of narcotic substance-related crimes and origin tracing of narcotic substances;

Drug-related crime preventing authorities affiliated to the People’s police authority, Border Guard, Vietnam Coast Guard, Customs, and training facilities providing training for individuals engaging in prevention of drug-related crimes affiliated to Ministry of Public Security, Ministry of National Defense, and Ministry of Finance (General Department of Customs) are allowed to receive, manage, and use narcotic substance samples from the National Institute of Criminal Sciences of Ministry of Public Security in order to provide training for drug-related crime prevention;

Designated and permitted entities training animals for drug detection affiliated to Ministry of Public Security (Command of Mobile Police), Ministry of National Defense, and Ministry of Finance (General Department of Customs) are allowed to receive, manage, and use narcotic substance samples from the National Institute of Criminal Sciences, Ministry of Public Security to train professional animals.

Article 24. Control of research, assessment, and production of narcotic substances and precursors for national defense and security purposes

1. Designated and permitted entities conducting activities under Point a and Point b Clause 1 Article 23 of this Decree shall send application for permit to permitting authority affiliated to Ministry of Public Security.

2. Application, procedures for permit issuance, conditions, and standards for research and production of narcotic substances and precursors for national defense and security shall conform to Article 15 and Article 16 hereof. When designated and permitted entities affiliated to the People’s police and the People’s army under Clause 4 Article 23 hereof are designated to conduct research on narcotic substances or precursors for national defense and security purposes, they are not required to submit Science and technology registration certificate of research organizations.

3. Designated and permitted entities allowed to conduct research, produce narcotic substances and precursors for national defense and security are responsible for adequately complying with regulations on operations and staying under monitor, examination, and supervision of authorities in accordance with this Article and relevant law provisions.

4. National Institute of Criminal Sciences, Ministry of Public Security is responsible for organizing procedures for assessing narcotic substances, precursors, addictive drugs, psychotropic drugs, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances or precursors used for national defense and security in accordance with the Law on Judicial Expertise, the Criminal Procedure Code, and relevant documents.

Article 25. Control of import, export, and transport of narcotic substances and precursors for national defense and security purposes

1. Designated and permitted entities conducting activities under Point a and Point c Clause 1 and Clause 2 Article 23 hereof shall send the application for permit to Ministry of Public Security and Ministry of National Defense.

2. Application, procedures, conditions, and standards for obtaining permit for import, export, and transport of narcotic substances, and precursors for national defense and security purposes shall conform to Article 17 and Article 20 hereof. On a case-by-case basis, the Minister of Public Security and Minister of National Defense shall decide to eliminate certain conditions, standards, and documents that are not or almost not relevant to national defense and security activities or when fulfilling immediate demands of national defense and security.

3. Permitting authority affiliated to Ministry of Public Security and Ministry of National Defense shall receive application, consider, review, and organize assessment, issuance of permit, monitor, inspection, and supervision of import, export, and transport of narcotic substances and precursors for national defense and security purposes of designated and permitted entities.

4. Entities designated and permitted to import, export, and transport narcotic substances and precursors for national defense and security purposes are responsible for adequately complying with regulations on import, export, and transport and staying under monitor, inspection, and supervision of authorities in accordance with this Article, Article 17, Article 20 of this Decree, and relevant law provisions.

Article 26. Regulations on preservation, storage, distribution, use, treatment, and exchange of narcotic substances and precursors for national defense and security purposes

1. Entities designated and permitted to conduct legal activities relating to narcotic substances for national defense and security under Article 23 hereof are responsible for:

a) developing plans for preserving, storing, distributing, using, treating, and exchanging narcotic substances and precursors while guaranteeing absolute safety and being legally responsible for any loss of the substances;

b) complying with monitor, inspection, and supervision of authorities regarding storage, preservation, distribution, use, treatment, and exchange of narcotic substances and precursors.

2. Authorities affiliated to Ministry of Public Security are responsible for cooperating with authorities of relevant ministries and central governments in monitoring, inspecting, and supervising preservation, storage, distribution, use, treatment, and exchange of narcotic substances and precursors for national defense and security of designated and permitted entities under Clause 1 of this Article.

Article 27. Regulations on import and collection of narcotic substance samples for national defense and security

1. Sources of narcotic substance samples for national defense and security include:

a) Imported narcotic substances;

b) Narcotic substances collected as evidence in cases related to drug crimes;

c) Narcotic substance samples produced from legal activities related to narcotic substances in national defense and security sector serving assessment, training for drug-related crime prevention, and narcotic substance scent samples for animal training.

2. Application for import permit of narcotic substance samples consists of:

a) Documents proving legal funding sources;

b) Estimate plans approved by competent authority;

c) Documents notifying aid (if the samples are aid);

d) Official Dispatch applying for import permit of National Institute of Criminal Sciences.

3. Procedures for applying for import permit of narcotic substance samples

a) Based on the expected need for narcotic substance samples approved by the Ministry of Public Security, National Institute of Criminal Sciences shall submit application for import permit to permitting authority;

b) Within 10 working days from the date on which an adequate application is received, permitting authority is responsible for examining and issuing import permit;

Import permit of narcotic substance samples shall be made into 5 sets (with each set consists of 1 copy in Vietnamese and 1 copy in English), 2 of which are sent to the National Institute of Criminal Sciences and 1 set each is sent to the Customs Sub-department where import procedures are adopted, Ministry of Finance (General Department of Customs), and the permitting authority;

c) After obtaining the import permit, the National Institute of Criminal Sciences shall adopt import procedures; sign contracts with partners authorized to import (if allowed to purchase by Ministry of Public Security, Ministry of National Defense, or Ministry of Finance for use); cooperate with representatives of aiding partners in adopting import procedures (if any).

4. Collection of narcotic substance samples for national defense and security

a) The collection of narcotic substance samples under Point b Clause 1 of this Article for expertise serving investigation, prosecution, trying of cases regarding drug crimes shall conform to the Criminal Procedure Code;

b) On an annual basis or when necessary, the Director of National Institute of Criminal Sciences shall request the Minister of Public Security to approve the plan for sampling narcotic substances produced from legal activities related to narcotics for national defense and security. Entities permitted to produce and import in accordance with Clause 1 and Clause 2 Article 23 hereof are responsible for transferring narcotic substance samples to the National Institute of Criminal Sciences, Ministry of Public Security as per approved plan.

Article 28. Regulations on preservation, distribution, and use of narcotic substance samples for national defense and security

1. Narcotic substance samples must be stored and preserved in national narcotic substance sample storage and intermediary narcotic substance sample storage.

a) The national narcotic substance sample storage shall receive samples from sources mentioned under Clause 1 Article 27 of this Decree and shall be managed, preserved, distributed to agencies in accordance with Point b Clause 5 Article 23 hereof by Narcotic Assessment Center affiliated to the National Institute of Criminal Sciences, Ministry of Public Security;

b) The intermediary narcotic substance sample storage in agencies under Point b Clause 5 Article 23 hereof consists of:

- Intermediary narcotic substance sample storage in police authorities of provinces and central-affiliated cities shall receive narcotic substance samples from the National Institute of Criminal Sciences, Ministry of Public Security, is subject to management of Department of Criminal Techniques of police authorities of provinces and central-affiliated cities, and assess, provide professional training for drug-related crime prevention and origin tracing of narcotic substances;

- The intermediary narcotic substance sample storage in Ministry of Defense and Ministry of Finance (General Department of Customs) shall receive narcotic substance samples from the National Institute of Criminal Sciences, Ministry of Public Security and be under management and employed by drug-related crime preventing authorities and training facilities providing training for drug prevention personnel and professional animals for detecting narcotic substances affiliated to Border Guard, Vietnam Coast Guard, and General Department of Customs to provide professional training in drug-related crime prevention;

- The intermediary narcotic substance sample storage in training facilities for individuals engaged in drug-related crime affiliated to the Ministry of Public Security shall receive and directly manage narcotic substance samples from the National Institute of Criminal Sciences of Ministry of Public Security in order to provide professional training in drug-related crime prevention;

- The intermediary narcotic substance sample storage in Command of Mobile Police shall receive narcotic substance samples from the National Institute of Criminal Sciences, Ministry of Public Security and be managed, used by the entities providing training, employing professional animals for professional animal training.

2. The National Institute of Criminal Sciences, Ministry of Public Security shall distribute, transfer narcotic substance samples according to approved plan, receive narcotic substance samples that are no longer used by entities, monitor, inspect the use in the entities, and assess quality of narcotic substance samples remained at the intermediary narcotic substance sample storage in order to propose disposal solutions in accordance with Article 29 hereof.

3. Narcotic substance samples that are no longer used must be handed over to National Institute of Criminal Sciences, Ministry of Public Security.

4. Entities permitted to conduct activities under Clause 1 of this Article are responsible for implementing regulations on preservation, distribution, and use of narcotic substance samples for national defense and security in accordance with Article 26 of this Decree.

Article 29. Regulations on handling narcotic substance samples for national defense and security

1. On an annual basis, the National Institute of Criminal Sciences, Ministry of Public Security shall inspect, assess quality of narcotic substance samples remained in intermediary narcotic substance sample storage, and inspect, assess quality of narcotic substance samples remained in the national narcotic substance sample storage.

2. Any confusion or loss of narcotic substance samples must be reported to immediate superior. Upon receiving report, the immediate superior must promptly appraise and verify in order to adopt appropriate measures and send reports to Ministry of Public Security (via National Institute of Criminal Sciences).

3. When narcotic substance samples are stored in great quantity or deteriorate after use or are altered during preservation, the Director of National Institute of Criminal Sciences must submit report on sample status (specify name, quantity, concentration, content, reasons, and handling measures) to Ministry of Public Security for consideration and establishment of Council for disposal.

4. The Council for narcotic substance sample disposal consists of: Head of the National Institute of Criminal Sciences acts as the Chairperson of the Council, representatives of the Supreme People’s Procuracy, the Investigation Police Departments for Drug Crimes and individuals in charge of the national narcotic substance sample storage act as members, and Director of Narcotic Assessment Center, National Institute of Criminal Sciences acts as the secretary.

5. Procedures for disposing narcotic substance samples shall conform to regulations and law on criminal proceeding regarding evidence disposal. The disposal must be made into records, photographed, and stored as per the law in the National Institute of Criminal Sciences, Ministry of Public Security.

Article 30. Estimates preparation, documents, report, and funding for import and sampling of narcotic substances for national defense and security

1. On an annual basis, entities under Point b Clause 5 Article 23 hereof shall prepare backups and send narcotic substance sample registration to the National Institute of Criminal Sciences, Ministry of Public Security before January 15 for consolidation and cross-check, and request Minister of Public Security to approve plans for estimates, distribution of narcotic substance samples, and plans for import, sampling of narcotic substances for national defense and security.

2. Entities using narcotic substance samples must keep logbook of the use. The National Institute of Criminal Sciences shall keep logbook recording input, output, delivery, and use of narcotic substance samples, and produce records, statistical reports according to regulations of Ministry of Public Security. Relevant documents must be stored and managed as per the law.

a) For narcotic substance samples that serve origin tracing, comply with regulations and law regarding assessment for origin tracing. Produce record or document recording the use of samples and bearing countersignature of individuals engaging in sample analysis and direct superior;

b) Laboratories utilizing standard samples for assessment must keep logbook monitoring sample use and bearing countersignature of individuals engaging in sample analysis and direct superior;

c) Entities using samples for professional training and training of professional animals must record the state and usage of samples while obtaining countersignature of individuals using the samples and direct superior.

3. On a 6-monthly or annual basis, entities using the samples shall submit reports on narcotic substance sample use to the National Institute of Criminal Sciences, Ministry of Public Security before July 15 (figures are calculated from December 15 of the year preceding the reporting year to June 14 of the reporting period) and January 15 (figures are calculated from December 15 of the year preceding the reporting year to December 14 of the reporting year). The National Institute of Criminal Sciences shall consolidate import, sampling, distribution, use, disposal, and stock results of narcotic substances and send reports to Ministry of Public Security, the Supreme People’s Procuracy, and the Supreme People’s Court.

4. Funding for import, sampling, and processing of narcotic substance samples shall be allocated from recurrent state budget of Ministry of Public Security. Funding for maintaining narcotic substance sample storage conditions shall be allocated from recurrent state budget of departments and local governments.

Article 31. Responsibility for inspecting, supervising, and taking actions against violations

1. Entities conducting legal activities relating to narcotic substances for national defense and security are responsible for inspecting, supervising, taking actions against violations within their competence, consolidating and submitting reports to Ministry of Public Security.

2. Drug-related crime preventing authorities affiliated to Ministry of Public Security shall take charge and cooperate with authorities of departments and local governments in inspecting, supervising, and proposing actions to be taken or taking actions against violations within their competence.

Section 4. DOCUMENTATION AND REPORT POLICIES FOR LEGAL ACTIVITIES RELATING TO NARCOTIC SUBSTANCES

Article 32. Documentation

1. Agencies, organizations, and individuals conducting legal activities relating to narcotic substances under Clause 1 Article 12 must document the following information as requested by the specialized authority:

b) Agencies, organizations conducting research, assessing, and producing must store figures monitoring quantity, quality, expiry date, production procedures, input, output, inventory, delivery note, receipt note;

b) Agencies, organizations, and individuals purchasing, selling, exporting, importing, temporarily importing, re-exporting, temporarily exporting, re-importing must store figures regarding input, output, inventory, invoices, instrument, and documents for each substance according to Decree on lists of narcotic substances and precursors of the Government.

2. Documents must be stored for the duration regulated by specialized authority. At the end of the mandated storage period of documents, head of each entity is responsible for establishing a Council for disposing the documents and keep record of the disposal.

Article 33. Report policies

1. Ministry of Public Security, Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense are responsible for consolidating information legal activities relating to narcotic substances of their respective field and submitting reports on a 6-monthly basis (figures shall be calculated from December 15 of the year preceding the reporting year to June 14 of the reporting period) or annual basis (figures shall be calculated from December 15 of the year preceding the reporting year to December 14 of the reporting year) to Ministry of Public Security for presentation to the Prime Minister.

2. Ministry of Finance is responsible for consolidating information on import, export, temporary import, re-export, temporary export, re-import, and transit of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances and precursors nationwide (actual quantity, number of violations, actions taken, and other relevant information) and submitting 6-monthly reports (figures shall be calculated from December 15 of the year preceding reporting period to June 14 of the reporting period) or annual reports (figures shall be calculated from December 15 of the year preceding the reporting period to December 14 of the reporting period) to Ministry of Public Security for presentation to the Prime Minister.

3. Agencies, organizations, and individuals conducting legal activities relating to narcotic substances must immediately report any case of confusion, poisoning, or loss of the substances to their direct superior.

4. When narcotic substances, precursors, or veterinary drugs containing narcotic substances or precursors that are not listed under Article 21 of the Law on Narcotic Substance Prevention and Control must be handled, handling entities must immediately report to their direct superior and specify reason, handling methods. The handling shall only be commenced once the competent superior approves in writing. Heads of the handling entities must establish Handling council, produce handling record, and report to their direct superior and Ministry of Public Security.

Article 34. Estimates preparation

1. Agencies and organizations that wish to import, export narcotic substances or precursors under the list must produce estimates according to International conventions on drug control and send estimate registration to competent authority affiliated to the overseeing Ministry on an annual basis.

2. Ministry of Health, Ministry of Industry and Trade, Ministry of National Defense, and Ministry of Agriculture and Rural Development shall consolidate estimates on import, export demands of narcotic substances and precursors under Clause 1 of this Article using the format of the International Narcotics Control Board of United Nations and send to Ministry of Public Security before March 31 each year. If the demand exceeds the estimates or there are other changes, ministries shall inform Ministry of Public Security in writing in order to make additional registration before May 31 and September 30 of the registering year.

3. Ministry of Public Security shall consolidate, review, cross-check with import, export demands and results of the previous year, register the demand with the International Narcotics Control Board, monitor and notify other countries of export value; submit to Ministry of Finance (General Department of Customs).

Section 5. COOPERATION IN CONTROLLING LEGAL ACTIVITIES RELATING TO NARCOTIC SUBSTANCES

Article 35. Contents and policies on cooperation in controlling legal activities relating to narcotic substances

1. Cooperate in controlling research, assessment, inspection, production, transport, preservation, storage, sale, distribution, use, handling, and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and veterinary drugs containing narcotic substances and precursors.

a) Ministry of Public Security shall take charge and cooperate with entities and local governments in monitoring, inspecting, and supervising research, production, and transport of narcotic substances and precursors as per the law;

b) Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Finance (General Department of Customs), and Ministry of National Defense, within their tasks, powers, and functions, are responsible for taking charge and cooperating with Ministry of Public Security in guiding local authorities to control preservation, storage, sale, distribution, use, handling, and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and veterinary drugs containing narcotic substances and precursors of entities conducting production, import, export, temporary import, re-export, temporary export, re-import;

c) People’s Committees of provinces and central-affiliated cities, within their functions, tasks, and powers, are responsible for directing local authorities to cooperate in controlling transport, preservation, storage, sale, distribution, use, handling, and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and veterinary drugs containing narcotic substances and precursors in provinces and cities.

2. Cooperation in controlling of import, export, temporary import for re-export, temporary export for re-import, and transit within Vietnamese territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, drug ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances and precursors.

a) Cooperate in controlling pre-export notification for export of precursors from foreign countries into Vietnam (applicable to import from countries participating in Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances):

On the basis of import permit sent by permitting authority to Ministry of Public Security or import permit on the National single-window information system, within 2 working days from the date on which notification of the exporting countries, Ministry of Public Security is responsible for responding to exporting countries regarding legitimacy of the shipment. In case Ministry of Public Security does not receive import permit for the notified shipment, Ministry of Public Security is responsible for requesting exporting countries to cease the export of the shipment to Vietnam and requesting Ministry of Finance (General Department of Customs);

b) Cooperate in controlling pre-export notification for export of precursors from Vietnam to foreign countries (applicable to import from countries participating in Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances), in both chemicals and chemical compounds;

Within 3 working days from the date on which adequate application for export permit is received, competent permitting authority is responsible for sending information on name, address of applicant, name, content, quantity of precursors, name, address of importing organization, name of border checkpoints where the export goods travel through to Ministry of Public Security in order to inform competent authority of exporting countries.

Within 2 working days from the date on which information of competent permitting authority is received, Ministry of Public Security is responsible for making pre-export notification for the shipment whose export permit is applied for issuance. Within 2 working days from the date on which responses of authority of the exporting countries are received, Ministry of Public Security is responsible for responding to permitting authority in order to decide whether or not to issue permit within their competence and sending to Ministry of Finance (General Department of Customs);

c) Cooperate in controlling import of narcotic substances, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors to Vietnam;

On the basis of reports of Ministry of Finance (General Department of Customs) regarding actual import quantity of narcotic substances, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, and drug precursors under Clause 2 Article 33 hereof, Ministry of Public Security shall take charge and cooperate with Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense in assessing import results of the year and import demands of narcotic substances and precursors of the following year in order to consolidate notification of import results and estimates registration with the International Narcotics Control Board.

d) Cooperate in controlling temporary import, re-export, temporary export, re-import of narcotic substances, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, and drug precursors;

Within 3 working days from the date on which application for temporary import, re-export, temporary export, re-import of narcotic substances, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, Ministry of Industry and Trade is responsible for sending information on name, address of applicant, name, quantity, content of narcotic substances, precursors, name, address of importing, exporting organizations, time and name of checkpoint where temporarily imported, re-exported, temporarily exported, re-exported goods travel through to Ministry of Public Security in order to make pre-export notification;

Within 2 working days from the date on which request of Ministry of Industry and Trade is received, Ministry of Public Security is responsible for making pre-export notification. Within 2 working days from the date on which responses of the importing countries are received, Ministry of Public Security is responsible for responding to permitting authority in order to decide whether or not to issue permit within their competence and sending to Ministry of Finance (General Department of Customs);

dd) Ministry of Public Security, Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense, within their functions, tasks, and powers, shall grant import, export, temporary export, re-import, temporary import, re-export, transit permit of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances and precursors; within 3 working days from the date on which the permit is issued, permitting authority is responsible for sending import, export, temporary export, re-import, temporary import, re-export, transit permit to the applicant, Customs Sub-departments where customs procedures of the imports, exports, goods temporarily exported for re-imported, goods temporarily imported for re-exported, goods in transit are completed, Ministry of Finance (General Department of Customs), and Ministry of Public Security.

4. Cooperate in exchanging information regarding control on legal activities relating to narcotic substances.

a) Ministry of Public Security shall act as the contact point for exchanging information on control on legal activities relating to narcotic substances with Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Health (General Department of Customs), Ministry of National Defense, local governments, relevant countries, and the International Narcotics Control Board via the Database center positioned in Ministry of Public Security.

The Database center shall be managed, operated, accessed, updated, extracted, processed, and exchanged by authorities affiliated to Ministry of Public Security with Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (General Department of Customs), Ministry of National Defense, local governments, relevant countries, and the International Narcotics Control Board via system software for managing narcotic control data;

Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (General Department of Customs), Ministry of National Defense, and the People’s Committees of provinces and central-affiliated cities shall have their separate accounts and passwords of the system software for managing narcotic control data provided by Ministry of Public Security to access, update, extract, and exchange information in the Database center, except for professional information regulated by Ministry of Public Security;

If information and/or documents not within the Database center are required for the control on legal activities relating narcotic substances, cooperating authorities are responsible for exchanging and providing information, documents at request of the requesting authority. In case of rejection, the requested authority must respond in writing and specify reasons for rejection.

b) Ministry of Public Security is responsible for informing ministries, central governments, and local governments about methods, schemes of the criminals and other relevant information during the control on legal activities relating to narcotic substances in order to allow ministries, central governments, and local governments to take active and effective preventive measures;

c) Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (General Department of Customs), and Ministry of National Defense are responsible for:

Collecting and managing information on legal activities relating to narcotic substances within their functions, tasks, and powers;

Providing necessary information related to the control on legal activities relating to narcotic substances to the Database center via accessing and updating data using system software for managing narcotic control data; with respect to import, export, temporary export, re-import, temporary import, re-export, and transit permit for narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors and veterinary drugs containing narcotic substances and precursors together with master registers;

Promptly communicating, informing Ministry of Public Security in order to take preventive measures and take actions against violations upon receiving information, documents, or discovering errors in control on legal activities relating to narcotic substances.

d) Ministry of Finance (General Department of Customs) shall guarantee data connection and operation of the Database center with the National single-window information portal.

Ministry of Finance (General Department of Customs) shall provide separate accounts and password to allow the Database center to access, update, extract, and communicate information on import, export, temporary export, re-import, temporary import, re-export, and transit permit in the National single-window information portal.

dd) People’s Committees of provinces and central-affiliated cities, within their functions, tasks, and powers, are responsible for directing authorities to communicate with each other regarding control on legal activities relating to drugs in provinces and central-affiliated cities.

5. Cooperate in monitoring, inspecting, and supervising legal activities relating to narcotic substances

a) Ministry of Public Security is responsible for taking charge and cooperating with Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Finance (General Department of Customs), and Ministry of National Defense in guiding, monitoring, inspecting, and supervising implementation of legislative documents on controlling legal activities relating to narcotic substances in order to prevent the use of such activities for illegal purposes;

b) Ministries, within their tasks and powers, are responsible for organizing implementation of the assigned tasks, conducting inspection and examination of compliance with regulations on controlling legal activities relating to narcotic substances of agencies, organizations, and individuals; taking actions against violations and transfer cases with signs of criminal activities to Ministry of Public Security;

c) People’s Committees of provinces and central-affiliated cities, within their functions, tasks, and powers, are responsible for directing affiliated authorities to guide, inspect, and supervise the compliance with legislative documents on controlling legal activities relating to narcotic substances to prevent the use of said activities for illegal purposes. Inspect and examine compliance with regulations on controlling legal activities relating to narcotic substances of agencies, organizations, and individuals; take actions against violations within their competence, transfer cases with signs of criminal activities to police authority of provinces and central-affiliated cities.

Article 36. Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances

1. Central Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances.

a) Central Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances shall be established, operating on the regulations issued, and directed by the Ministry of Public Security;

b) Missions of the central Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances: Publicize, guide, provide training, expedite, monitor, examine, and supervise compliance with regulations and law on controlling legal activities relating to narcotic substances of agencies, organizations, individuals, and local governments in order to prevent the use of said activities for legal activities. Discover, interfere, and request competent authorities to take actions against violations as per the law.

2. Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances of provinces and central-affiliated cities.

a) Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances of provinces and central-affiliated cities shall be established, operating on the basis of regulations issued, and directed by the People’s Committees of provinces and cities;

b) Missions of Interdisciplinary Task Forces for cooperating in controlling legal activities relating to narcotic substances of provinces and cities: Publicize, guide, provide training, monitor, examine, and supervise compliance with regulations and law on controlling legal activities relating to narcotic substances of agencies, organizations, individuals, and local governments in order to prevent the use of said activities for legal activities. Discover, interfere, and request competent authorities to take actions against violations as per the law.

Chapter IV

MANAGEMENT OF ILLEGAL DRUG USERS

Article 37. Subjects of management

A subject of management is an individual who illegally uses narcotic substances and are not mentioned under cases of Clause 5 Article 23 of the Law on Narcotic Prevention and Control.

Article 38. Basis for testing individuals having signs of illegal drug use

1. An individual is considered showing sign(s) of illegal drug use on the following basis:

a) Information and accusations of agencies, organizations, or individuals that have been verified by competent authority;

b) Information and documents in cases of violations against the law;

c) The individual showing loss of cognitive or behavioral capacity due to drug use;

d) The individual, their vehicle, or their residence containing trace(s) of narcotic substances or tool, equipment allowing the illegal use of narcotic substances;

dd) The individual operating vehicle and showing sign of stimulant use which is suspected to be narcotic;

e) The individual present in areas where organized illegal drug use, concealment of illegal drug use, or illegal drug use occurs without justifiable reason.

g) The individual confessing to illegally using narcotic substances;

h) The individual discovered to be illegally using narcotic substances;

i) Other basis as per the law.

2. When there is basis suggesting an individual is showing sign of illegally using narcotic substances mentioned under Clause 1 of this Article, capable agencies and individuals entitled to test for narcotic substances in the body mentioned under Clause 2 Article 22 of the Law on Narcotic Prevention and Control shall conduct the test. (Narcotic test results shall conform to Form No. 3 under Appendix attached hereto).

Article 39. Funding for managing illegal drug users

1. Funding for carrying drug test in accordance with Clause 2 Article 38 hereof includes:

a) Costs for drug test equipment;

b) Cost for transferring test subjects to test location;

c) Cost for applying for drug test at specialized agencies (if any).

2. Funding for identifying addiction when addiction of an illegal drug user must be identified in accordance with Clause 8 Article 27 of the Law on Narcotic Substance Prevention and Control includes:

a) Cost for transferring test subjects to test location, costs of meals and accommodations of the test subjects during monitoring period (except for cases where the test subjects are detained and awaiting the drug test);

b) Cost for requesting medical facilities to identify addiction.

3. Costs that are involved during the management of illegal drug users consist of:

a) Costs for transferring illegal drug users and relevant documents to the People’s Committees of communes;

b) Costs for supporting individuals who are not receiving salaries from the budget but are assigned to assist individuals under Point c Clause 2 Article 42 hereof;

4. Fundings under Clauses 1, 2, and 3 of this Article shall be guaranteed by the Government according to applicable budget level and legal funding sources.

People’s Committees of provinces are responsible for requesting the People’s Councils of the same level to allocate funding from local government budget in order to enable authorities to conduct activities under Clauses 1, 2, and 3 of this Article in accordance with regulations and law on state budget.

5. Financing for individuals assigned in accordance with Point b Clause 3 of this Article shall be decided by the People’s Councils of provinces but not lower than 25% of statutory pay rate.

Article 40. Collection of information and documents for preparation of dossiers on illegal drug users

1. When result of the test under Clause 2 Article 38 of hereof is positive, police authority that discovers the illegal drug user are responsible for:

a) verifying residence of the illegal drug user in accordance with Article 41 hereof;

b) notifying the Chairperson of People’s Committee of commune where the illegal drug user resides or where the illegal drug user is discovered using drugs illegally if the illegal drug user does not have stable residence using Form No. 4 under Appendix attached to this Decree.

2. Dossiers on management of illegal drug users consist of the following documents:

a) Decision on adoption of management measures on the illegal drug user using Form No. 7 under Appendix hereof;

b) Summary of personal background of the illegal drug user using Form No. 5 under Appendix hereof; residence verification results;

c) Drug test results using Form No. 3 under Appendix attached hereto;

d) Documents and records regarding the illegal use of narcotic substances; documents on previous illegal use of narcotic substances or detoxification of the offenders (if any);

dd) Report of the illegal drug user prepared using Form No. 6 under the Appendix attached hereto;

e) In case the illegal drug user is mentioned under Clause 1 Article 27 of the Law on Narcotic Substance Prevention and Control, the individual must possess evidence of their narcotic independence.

3. Commune police authority is responsible for assisting the Chairpersons of People’s Committees of communes in collecting documents to prepare dossiers on managing illegal drug users.

Article 41. Verification of residence and document submission

1. Within 3 working days from the date on which an individual is discovered to be illegally using drugs, police authority of areas where the individual is discovered to be illegally using drugs is responsible for verifying residence of the illegal drug users.

For mountainous regions, islands, remote areas, and rural areas where travelling is difficulty, residence verification may last longer but no more than 10 working days from the date on which the individual is discovered to be illegally using drugs.

2. Criteria for identifying a person with stable residence:

a) The person has a stable residence when he/she is living at temporary or permanent residence;

b) If temporary and permanent residence of the person is unidentifiable, stable residence is where the individual currently living according to Clause 1 Article 19 of the Law on Residence for more than 30 days as verified by the chief of commune police.

3. Criteria for identifying a person without stable residence:

a) The individual registers for permanent or temporary residence but is not living at his/her registered permanent or temporary residence as verified by the chief of commune police; his/her whereabouts are unknown to the commune police authority'

b) The family members according to regulations and law on marriage and family that provide information for the authority do not know of the whereabouts of the illegal drug users; police authority also does not know of the whereabouts of the illegal drug users when looking up the National population database, Residence database, residence archives, and citizen identity card archives;

c) The individual lacks both permanent and temporary residence and has been living in current residence for less than 30 days.

4. Residence verification and response for residence verification shall conform to regulations and law on residence and guidelines of Ministry of Public Security.

5. If an illegal drug user has a stable residence, within 3 working days from the date on which verification results are issued, police authority of area where the individuals are discovered to be illegally using drugs must notify and send relevant documents to the Chairperson of People’s Committee of commune where the stable residence of the individual is.

6. If an illegal drug user does not have a stable residence, within 3 working days from the date on which verification results are issued, police authority of area where the individuals are discovered to be illegally using drugs must notify and send relevant documents to the Chairperson of People’s Committee of commune where the individual is discovered to be illegally using drugs.

Article 42. Decision on managing illegal drug users

1. Within 3 working days from the date on which notification regarding illegal drug use and drug test is received, the Chairperson of the People’s Committee where stable residence of the illegal drug user is located or where the illegal drug use is discovered shall issue decision and organize management of the illegal drug user in accordance with Clause 2 and Clause 4 Article 23 of the Law on Narcotic Substance Prevention and Control.

2. Decision on adoption of management measures on illegal drug users shall be prepared using Form No. 7 under the Appendix attached hereto, which specifies:

a) Summary regarding illegal use of narcotic substances; positive drug test results; non-dependence status (if any);

b) Assign commune police authority to produce list of illegal drug users under management of the commune and conduct drug test during management period;

c) Establish a team for managing illegal drug users; a commune police officer shall act as the director; representatives or relatives of the hamlet/neighborhood shall act the vice directors; representatives of households of the illegal drug users, representatives of socio-political organizations (based on personal record of the illegal drug users), and social workers (if any) shall act as members); assign a member to advise, motive, educate, and assist the illegal drug users.

3. Decision on managing illegal drug users comes into effect from the date of signing.

4. 1 copy of the decision on managing illegal drug users shall be stored with dossiers on management of illegal drug users, 1 copy of the decision shall be sent to the individuals under management, 1 copy of the decision shall be sent to the commune police officer that as the director, and 1 copy of the decision shall be sent to the family representatives.

Article 43. Management duration and calculation method thereof

1. The duration of management of an illegal drug user shall be 1 year from the date on which the Chairperson of the People’s Committee of commune issues Decision on management.

2. If the illegal drug user under management is discovered to be illegally using drugs again outside of cases under Clause 5 Article 23 of the Law on Narcotic Substance Prevention and Control during the management duration, the Chairperson of the People’s Committee of commune is entitled to issue a new Decision on managing the illegal drug user which remains effective for 1 year from the date on which the new Decision is issued.

3. If the individuals who are under management change their residence, the management duration shall continue to count from the date on which the individuals move away.

Article 44. Management activities

1. The management aims to prevent illegal drug users from illegally using drugs and violating the laws.

2. Management activities:

a) Perform drug test of illegal drug users during their management duration;

b) Provide advice regarding psychology and attitude of illegal drug users;

c) Educate illegal drug users on regulations and law on narcotic prevention and control, consequences of narcotic substances, other details depending on personal characteristics;

d) Motivate, and assist illegal drug users to participate in community activities, autonomous activities, sports, and movements that are beneficial to society to improve health, soft skills, and prevent violations to regulations and law.

3. For illegal drug users under 18 years of age, guarantee the pursuit of compulsory education and participation of teachers where the illegal drug users pursue education Ho Chi Minh Young Pioneer Organization or Youth Union in the giving of advice, motivation, education, and assistance of the assigned individuals.

Article 45. Drug test during management duration

1. Commune police authority where illegal drug users are managed shall conduct or request competent agencies or individuals to conduct drug test of the illegal drug users during their management duration.

2. The drug test can be conducted irregularly for individuals under management when commune police authority obtains any of the basis under Clause 1 Article 38 hereof.

Article 46. Regulation on drug test

1. For individuals who must undergo drug test, competent agencies and individuals shall invite the individuals to arrive at the test location for testing.

In case the individuals refuse to cooperate in the drug test, police authority shall summon the individuals to the test location for sampling for drug test. Individuals who must undergo drug test must present themselves at request of competent authority.

2. Drug test samples shall be collected via blood, urine, urethral catheter, or other methods.

3. Waiting rooms and sampling locations must be separated for male and female. If separate waiting rooms are not available, prepare separate waiting areas for male and female while sampling rooms must be separate.

The collection of urine samples must be supervised by an officer of the same gender.

4. Sampling (other than urine sampling) of individuals under 18 years of age requires consent of either parent or guardian or legal representative.

Article 47. Management of illegal drug users who move away from their residence

1. At least once a month, commune police authority where the illegal drug users are managed must examine and update residence of the illegal drug users who are under management.

2. When the illegal drug users change their residence, commune police authority where they move to must cooperate with the commune police authority where they move from to verify the information. After conducting verification, commune police authority where the illegal drug users are being managed shall inform their Chairpersons of People’s Communes.

Within 5 working days from the date on which the individuals move to the new residence, the Chairpersons of the People’s Committees where the individuals move from shall send notification and transfer dossiers on management of illegal drug users using Form No. 8 under Appendix attached hereto to the Chairpersons of the People’s Committees where the individuals move to for further management.

3. Commune police authority is responsible for regularly updating residence of the illegal drug users in the residence database and national population database.

Article 48. Suspension and termination of management of illegal drug users

1. The Chairpersons of People’s Committees that are managing illegal drug users shall issue Decisions on suspending management of illegal drug users for cases under Clause 5 Article 23 of the Law on Narcotic Substance Prevention and Control using Form No. 9 under Appendix attached hereto.

2. The Chairpersons of People’s Committees that are managing illegal drug users shall issue Decisions on terminating management of illegal drug users if, by the end of the management duration, the illegal drug users are not illegally using drugs using Form No. 10 under Appendix attached hereto.

3. Within 3 working days from the date on which the Decisions under Clause 1 and Clause 2 of this Article are issued, the Chairpersons of People’s Committees of communes shall send these Decisions to agencies, organizations, and individuals under Point c Clause 2, Clause 4 Article 42 hereof.

Article 49. Management and storage of dossiers on management of illegal drug users

Commune police authority that produces the dossiers is responsible for managing and storing dossiers on illegal drug users in accordance with regulations of Ministry of Public Security.

Chapter V

RESPONSIBILITIES

Article 50. Ministry of Public Security

1. Direct drug-related crime preventing authorities affiliated to the People’s police authority to closely cooperate with drug-related crime preventing authorities affiliated to Border Guards, Vietnam Coast Guard, and Customs in preventing, fighting, intercepting, investigating, and handling drug-related crimes.

2. Take charge and cooperate with ministries, ministerial agencies, and Governmental agencies in performing joint state management of legal activities relating to narcotic substances.

a) Consolidate plans and implementation results of long-term and annual master plans regarding control on legal activities relating to narcotic substances of ministries, central governments, local governments, and report to the Government;

b) Guide, expedite, and inspect compliance of agencies, organizations, individuals, and local governments with legislative documents on control on legal activities relating to legal activities relating to narcotic substances within their responsible field and area in order to prevent and intercept the use of said activities for illegal activities;

3. Issue and organize implementation of documents within the competence of Ministry of Public Security on control on legal activities relating to narcotic substances for national defense and security purposes.

4. Develop and organize implementation of regulations, plans, training, advanced training of officials, and state statistical report regarding import, sampling, management, and use of narcotic substance samples.

5. Direct drug-related crime preventing authorities to permit activities under Clause 1 Article 14, Clause 1 Article 19 and Clause 1 Article 23 of this Decree; perform state statistical report and international cooperation regarding control on legal activities relating to narcotic substances and manage, operate the Database center; regularly execute missions of the Central Interdisciplinary Task Forces, guide and inspect operation of Interdisciplinary Task Forces in provinces and central-affiliated cities.

6. Direct police authorities of all levels to execute and cooperate with relevant agencies, organizations in discovering and managing illegal drug users.

7. Guide commune police authority to produce list of illegal drug users.

Article 51. Ministry of National Defense

1. Direct drug-related crime preventing authorities affiliated to Border Guards to take charge in prevention and interception of infiltration of narcotic substances into Vietnam; promptly discover and arrest drug-related crimes in border areas as per the law; regularly cooperate with drug-related crime preventing authorities affiliated to the People’s police authority, Vietnam Coast Guard, and Customs in preventing and fighting drug-related crimes.

2. Direct drug-related crime preventing authorities affiliated to Vietnam Coast Guard to prevent, fight, intercept, investigate, and take actions against drug-related crimes at sea; closely cooperate with drug-related crime preventing authorities affiliated to Border Guards, Customs, police authority, and relevant local governments, agencies, organizations in preventing, fighting, and intercepting drug-related crimes.

3. Issue and revoke import, export permit of precursors for national defense within their competence in accordance with Clause 2 Article 23 and implement regulations on cooperation in controlling legal activities relating to narcotic substances under this Decree.

4. Cooperate with relevant authorities of other countries in discovering and preventing illegal sale or transport of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, and drug precursors, and veterinary drugs containing narcotic substances or precursors as per the law.

Article 52. Ministry of Finance

1. Direct drug-related crime preventing authorities affiliated to Customs to take charge and cooperate with drug-related crime preventing authorities affiliated to the People’s police, Border Guard, and Vietnam Coast Guard in inspecting, controlling, discovering, and cooperating with authorities in taking actions against violations of the law and drug-related crimes within their field of operation.

2. Take charge, consolidate, and request competent authorities to approve integration of recurrent expenditure estimates serving cooperation and control on legal activities relating to narcotic substances with recurrent state budget expenditure estimates of Ministry of Public Security, Ministry of National Defense and Security, Ministry of Finance, and relevant ministries in accordance with applicable regulations of the Law on State Budget.

3. Direct customs authority to adopt customs procedures, inspect, and supervise import, export, temporary import, re-export, temporary export, re-import, and transit in Vietnamese territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, drug precursors, and veterinary drugs containing narcotic substances and precursors according to customs laws; comply with regulations and law on controlling legal activities relating to narcotic substances under this Decree.

Article 53. Ministry of Health

Implement regulations on controlling legal activities relating to narcotic substances under this Decree.

Article 54. Ministry of Industry and Trade

1. Perform state management functions regarding research, assessment, production, sale, and use of industrial precursors in accordance with the Law on Narcotic Substance Prevention and Control, Law on Chemicals, and other relevant law provisions.

2. Issue and revoke permit for activities under Clause 2 Article 19 and implement regulations on cooperating in controlling legal activities relating to narcotic substances under this Decree.

Article 55. Ministry of Agriculture and Rural Development

1. Perform state management functions regarding veterinary drugs containing narcotic substances and precursors in accordance with the Law on Narcotic Substance Prevention and Control, Law on Animal Health, and relevant law provisions.

2. Issue the list of veterinary drugs containing narcotic substances, precursors, and list of narcotic substances and precursors that are used as veterinary drug ingredients containing narcotic substances and precursors.

3. Issue and revoke permit for activities under Clause 2 Article 14 and Clause 3 Article 19 and implement regulations on cooperating in controlling legal activities relating to narcotic substances under this Decree.

Chapter VI

ORGANIZATION FOR IMPLEMENTATION

Article 56. Implementation expenditure

Funding for cooperation of drug-related crime preventing authorities; control on legal activities relating to narcotic substances and management of illegal drug users shall be guaranteed by state budget, allocated within recurrent expenditure budget of ministries, central governments, and local governments in accordance with regulations and law on state budget.

Article 57. Entry into force

1. This Decree comes into force from January 1, 2022.

2. The following documents expire from the effective date of this Decree:

a) Decree No. 80/2001/ND-CP dated November 5, 2001 of the Government;

b) Decree No. 58/2003/ND-CP dated May 29, 2003 of the Government;

c) Decree No. 45/2009/ND-CP dated May 13, 2009 of the Government;

d) Decision No. 133/2002/QD-TTg dated October 9, 2002 of the Prime Minister;

dd) Decision No. 52/2011/QD-TTg dated September 21, 2011 of the Prime Minister.

Article 58. Transition clauses

1. Applications for permission for conducting research, producing narcotic substances, precursors, and veterinary drugs containing narcotic substances and precursors received before the effective date hereof shall be processed in accordance with Decree No. 80/2001/ND-CP dated November 5, 2001 of the Government at the time of receipt, except for cases where applicants request to have the applications processed in accordance with this Decree.

2. Applications for permission for import, export, and transit of narcotic substances, precursors, addictive drugs, and psychotropic drugs in Vietnamese territory received before the effective date hereof shall be processed in accordance with Decree No. 58/2003/ND-CP dated May 29, 2003 of the Government at the time of receipt, except for cases where applicants request to have the applications processed in accordance with this Decree.

Article 59. Responsibilities for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant organizations and individuals are responsible for implementation of this Decree.