Nghị định 109/2021/ND-CP

DECREE

Pursuant to the Law on Organization of Government dated June 19, 2015, the Law on amendment to some Articles of the Law on Organization of Government and the Law on Organization of local authorities dated November 22, 2019;

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

At the request of the Minister of Health;

The Government promulgates Decree on regulation on healthcare facilities which are eligible for diagnosis of narcotic substance dependence and procedure for diagnosis of narcotic substance dependence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and application entities

1. The Decree provides for healthcare facilities eligible for narcotic substance dependence diagnosis (hereinafter referred to as “eligible healthcare facilities" and applications and procedures for narcotic substance dependence diagnosis prescribed in Clause 6 Article 27 of the Law on Prevention and Control of Narcotic Substances dated March 30, 2021.

2. This Decree shall apply to agencies, organizations and individuals that are relevant to the process of narcotic substance dependence diagnosis.

Article 2. Location for diagnosis of narcotic substance dependence

1. Persons wishing to undergo diagnosis of narcotic substance dependence may choose eligible healthcare facilities.

2. Locations for narcotic substance dependence for persons who are subject to narcotic substance dependence diagnosis mentioned in Points a, b, c and d Clause 1 Article 27 of the Law on Prevention and Control of Narcotic Substances as follows:

 a) For persons who are subject to administrative detention prescribed in the Law on Handling Administrative Violations, diagnosis of narcotic substance dependence shall be carried out in administrative detention centers.

b) For persons who are not subject to administrative detention, diagnosis of narcotic substance dependence shall be carried out in eligible healthcare facilities or other locations selected by the healthcare facilities under agreement with the police authorities.

 The police authorities shall be responsible for cooperating with healthcare facilities in ensuring that all necessary conditions for the diagnosis of narcotic substance dependence at the selected locations are met.

Chapter II

ELIGIBLE HEALTHCARE FACILITIES; APPLICATIONS AND PROCEDURES FOR NARCOTIC SUBSTANCE DEPENDENCE DIAGNOSIS

Article 3. Eligible healthcare facilities

An eligible healthcare facility shall satisfy the following conditions:

1. It is a medical examination and treatment establishment having a medical license that permits internal medicine or psychiatry, drug addiction treatment or opiate substitution therapy; a forensic psychiatric facility.

2. Doctors who make diagnosis of narcotic substance dependence have medical licenses for medical examination and treatment in psychiatry, general, internal or traditional medicine. The doctors who have medical licenses for medical examination and treatment in general or internal or traditional medicine shall also get certificates of completion of training courses on diagnosis of narcotic substance dependence issued by a certified training facility.

3. Facilities and equipment shall be adequate for narcotic substance dependence diagnosis in accordance with the organization and scope of professional activities of the ward prescribed in Clause 1 of this Article.

Article 4. The applications and procedures for narcotic substance dependence diagnosis for persons wishing to have their narcotic substance dependence diagnosed.

1. The application for diagnosis of narcotic substance dependence includes:

a) The application form for diagnosis of narcotic substance dependence according to the Form No. 01 prescribed in Appendix issued together with this Decree (hereinafter referred to as “Application form”). In case the applicant is under 18, incapacitated, has limited legal capacity or has difficulty in cognition or behavior control, it is mandatory to have the consensus of his/her parents, guardian or legal representative;

b) The medical record according to the law on medical examination and treatment

c) The narcotic substance dependence test result form according to the Form No. 04 prescribed in Appendix issued together with this Decree (hereinafter referred to as “Test Result Form”)

2. The procedures for narcotic substance dependence diagnosis include:

a) The person wishing to have his/her narcotic substance dependence diagnosed shall submit the application form and submit to the healthcare facility one of the following papers: valid identity card, citizen identification card, passport or other papers with photo and personal information issued by competent state authority;

b) The healthcare facility shall receive the application form and the patient, verify personal information and prepare the medical record.

c) The healthcare facility shall carry out the diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health;

d) The healthcare facility shall make 02 copies of the Test Result Form according to the form prescribed in Point c Clause 1 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the patient.

Article 5. Applications and procedures for narcotic substance dependence diagnosis for persons subject to administrative detention according to the request for diagnosis of narcotic substance dependence at eligible healthcare facilities.

1. The application for diagnosis of narcotic substance dependence include:

a) An application form for diagnosis of narcotic substance dependence issued by the police authority of the commune, district or province (hereinafter referred to as “police authority”) according to the Form No. 02 prescribed in the Appendix issued together with this Decree;

b) A copy of the drug test result;

c) The test subject’s personal information sheet according to Form No. 03 specified in the Appendix issued together with this Decree;

d) A copy of decision on administrative detention;

dd) The medical record according to the law on medical examination and treatment;

e) The drug test result according to the Form No. 05 prescribed in the Appendix issued together with this Decree.

2. The procedures for diagnosis of narcotic substance dependence:

a) The police authority shall send the application including: an application form, a copy of the drug test result, a test subject’s personal information sheet, a copy of decision on detention according to administrative procedure to the supervisory authority of the administrative detention center (hereinafter referred to as "detention center");

b) The supervisory authority of the detention center shall transfer immediately the application received from the police authority to detention center;

c) After receiving the application from the police authority, the detention center shall send the application and the test subject to an eligible healthcare facility for diagnosis;

d) The healthcare facility shall prepare the medical record and carry out diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the detention center shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;

dd) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 2 copies of the Test Result Form and submit them to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.

Article 6. Applications and procedures for mandatory narcotic substance dependence diagnosis for persons being held in administrative detention center without eligible healthcare facilities

1. Narcotic substance dependence diagnosis application shall be carried out according to Clause 1 Article 5 of this Decree.

2. The procedures for diagnosis of narcotic substance dependence include:

a) The police authority shall send application including: an application form, a copy of the drug test result, a test subject’s personal information sheet, a copy of decision on detention according to administrative procedure to eligible healthcare facility assigned diagnosis of narcotic substance dependence in the area by competent authority;

b) Within 24 hours after receiving the application from the police authority, the healthcare facility shall have responsibility to send medical staff to the detention center in order to carry out the diagnosis task;

c) The healthcare facility shall prepare the medical record and carry out diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the detention center shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;

d) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 2 copies of the Test Result Form and submit them to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 Article 5 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.

Article 7. Applications and procedures for narcotic substance dependence diagnosis for persons ineligible for administrative detention prescribed in Point b Clause 2 Article 2 of this Decree

1. Narcotic substance dependence diagnosis application shall include Points a, b, c, dd and e Clause 1 Article 5 of this Decree.

2. Procedures for narcotic substance dependence diagnosis in case a location is an eligible healthcare facility, including:

a) The police authority shall send application including: an application form, a copy of the drug test result, a test subject’s personal information sheet and the test subject to an eligible healthcare facility for diagnosis;

b) The healthcare facility shall prepare the medical record and carry out diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the police authority which sent the application shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;

c) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 02 copies of the drug test result and submit to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 Article 5 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.

3. Procedures for narcotic substance dependence diagnosis in case a location is selected by the healthcare facility under agreement with the police authority:

a) The police authority shall send application including: an application form, a copy of the drug test result, a test subject’s personal information sheet to an eligible healthcare facility;

b) Within 24 hours after receiving the application from the police authority, the healthcare facility shall have responsibility to send medical staff to the selected location in order to carry out the diagnosis task;

c) The healthcare facility shall prepare medical record and carry out the diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the police authority which sent the application shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;

d) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 02 copies of the drug test result and submit to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 Article 5 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.

Article 8. Administration and storage of applications for diagnosis of narcotic substance dependence

Administration and preservation of applications prescribed in Articles 4, 5, 6 and 7 of this Decree shall comply with regulations of law on medical examination and treatment.

Chapter III

IMPLEMENTATION CLAUSES

Article 9. Implementation organizations

1. The Ministry of Health shall:

a) Take charge and cooperate with relevant Ministries and Departments in implementing this Decree;

b) Appoint eligible healthcare facilities under the Ministry of Health and assign tasks to facilities which have functions of professional training on narcotic substance dependence diagnosis;

c) Publish the list of eligible healthcare facilities under management on the Web Portal of The Ministry of Health.

2. The Ministry of Public Security shall:

a) Cooperate with the Ministry of Health in implementing this Decree;

b) Appoint eligible healthcare facilities under the Ministry of Public Security;

c) Direct police forces at all levels to implement this Decree, ensure security and order at facilities that carry out the diagnosis of narcotic substance dependence according to the provisions of this Decree;

d) Publish the list of eligible healthcare facilities under management on the Web Portal of The Ministry of Public Security.

3. Ministry of Labor, War Invalids and Social Affairs shall:

Cooperate with the Ministry of Health in implementing this Decree;

b) Provide guidance, inspect and urge units under the departments of Labor, War Invalids and Social Affairs to implement this Decree.

4. The Ministry of Defense shall:

Cooperate with the Ministry of Health in implementing this Decree;

b) Appoint eligible healthcare facilities under management;

c) Provide guidance, inspect and urge units under the Ministry of Defense to implement this Decree;

d) Publish the list of eligible healthcare facilities under management on the Web Portal of The Ministry of Defense.

5. People’s Committees of provinces and central-affiliated cities shall:

a) Direct Departments and relevant agencies to implement this Decree;

b) Promulgate cooperation regulations to carry out diagnosis of narcotic substance dependence in their provinces;

c) Direct Departments of Health to appoint eligible healthcare facilities to carry out diagnosis to the test subjects prescribed in Points a, b, c and d Clause 1 of Article 27 of the law on Prevention and Control of Narcotic Substances under the area of their management; provide guidance and assign tasks to facilities that have the functions of professional training on narcotic substance dependence diagnosis; publish the list of eligible healthcare facilities appointed on the web portals of these units;

d) Direct police authorities of provinces and central-affiliated cities to appoint eligible healthcare facilities to carry out diagnosis to the test subjects prescribed in Points a, b, c and d Clause 1 of Article 27 of the law on Prevention and Control of Narcotic Substances under the area of management. Publish the list of eligible healthcare facilities appointed on the web portals of these units.

dd) Direct coordination and ensure security and safety to medical staffs making diagnosis of narcotic substance dependence at eligible facilities.

6. Ministries, central agencies, People’s Committees of provinces and central-affiliated cities shall prepare budget to carry out diagnosis of narcotic substance dependence to the test subjects according to the regulations of the Law on State Budget.

7. Eligible healthcare facilities shall:

a) Appoint medical staffs who make diagnosis of narcotic substance dependence to join training and update professional information about diagnosis of narcotic substance dependence;

b) Appoint medical staffs who fully meet professional conditions to make diagnosis of narcotic substance dependence;

c) Comply with professional guidelines of the Ministry of Health on diagnosis of narcotic substance dependence;

Article 10. Effect

This Decree shall come into force from January 01, 2022.

Article 11. Grandfather clauses

Physicians with medical licenses of examination and treatment issued before the effective date of this Decree, who are making diagnosis of narcotic substance dependence, shall continue to do that.

Article 12. Responsibility of implementation

The Ministers, the heads of ministerial agencies and Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall have the responsibility to implement this Decree. /.