Chương 5 Luật Phòng, chống ma túy 2000: Quản lý nhà nước về phòng, chống ma túy

Chapter V

STATE MANAGEMENT OF DRUG PREVENTION AND FIGHT

Article 36.- The contents of State management of drug prevention and fight shall include:

1. Drawing up and organizing the implementation of strategies, guidelines, policies and plans on drug prevention and fight;

2. Promulgating and organizing the implementation of legal documents on drug prevention and fight;

3. Organizing the apparatus, training, fostering of cadres on drug prevention and fight;

4. Promulgating, amending, supplementing and announcing lists of narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines;

5. Granting and withdrawing permits for lawful drug-related activities;

6. Deciding the setting up and dissolution of compulsory drug detoxication establishments; granting and withdrawing operation permits of other drug detoxication institutions; organizing and managing the drug detoxication and community integration for persons who have been detoxicated;

7. Organizing the drug-related crime prevention and fight;

8. Making State statistics on drug prevention and fight;

9. Organizing research into and application of scientific and technological advances to drug prevention and fight;

10. Organizing propagation and education about drug prevention and fight;

11. Undertaking international cooperation in drug prevention and fight;

12. Examining, inspecting and settling complaints and denunciations, and handling violations of the legislation on drug prevention and fight.

Article 37.-

1. The Government performs the uniform State management of drug prevention and combat.

2. The Ministry of Public Security shall take responsibility before the Government for coordinating with the ministries, ministerial-level agencies and agencies attached to the Government in performing the uniform State management of drug prevention and fight.

3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within the scope of their tasks and powers, have to carry out and coordinate with concerned agencies in drug prevention and fight.

4. The Peoples Committees of all levels shall perform the State management of drug prevention and fight in their respective localities; direct the propagation and education about and organize the drug prevention and fight in their localities; manage the drug detoxication and community integration for people who have been detoxicated.

Article 38.-

1. The Ministry of Public Security shall have the responsibility to:

a) Work out and organize the implementation of strategies, guidelines, policies and plans on drug-related crime prevention and fight; sum up the results of implementing the drug prevention and fight plans of the ministries and branches for submission to the Government;

b) Assume the prime responsibility and coordinate with concerned State bodies in the struggle for drug-related crime prevention and fight; organize the reception and processing of information on drug-related crimes;

c) Promulgate and organize the implementation of the regulations on management of narcotic substances and pre-substances in service of the struggle against drug-related crimes;

d) Organize forces for investigation of drug-related crimes, guide other agencies in conducting the preliminary investigation of such crimes according to the provisions of law;

e) Organize the expertise of narcotic substances, pre-substances;

f) Organize the apparatus, training and fostering of personnel engaged in the investigation of drug-related crimes, the struggle to prevent and combat them as well as the expertise of narcotic substances and pre-substances;

g) Make the State statistics on drug prevention and fight; manage the information on drug-related crimes;

h) Coordinate with the Ministry of Labor, War Invalids and Social Affairs in directing the making of dossiers and organizing the consignment of drug addicts to compulsory detoxication establishments, maintain security and order at detoxication establishments, inspect the detoxication activities in communities and detoxication establishments;

i) Effecting international cooperation on drug-related crime prevention and fight.

2. The Minister of Public Security shall grant and withdraw permits for transiting narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines through the Vietnamese territory; grant and withdraw permits for import and/or export of narcotic substances for use in the struggle against criminals.

Article 39.- The Ministry of Labor, War Invalids and Social Affairs shall have the responsibility to:

1. Work out and organize the implementation of strategies, guidelines, policies and plans on organizing drug detoxication; direct the organization of drug detoxication and settle post-detoxication social problems;

2. Organize the apparatus, training and fostering of cadres engaged in the work of drug detoxication and the settlement of post-detoxication social problems;

3. Take initiative in coordinating with concerned agencies, organizations and local administrations in building and guiding the operation of drug detoxication establishments; provide of training, job creation, employment consultancy, support, material and moral assistance for drug detoxicators to integrate themselves into the community; prevent and combat relapse into addiction;

4. Make statistics on and evaluate the detoxication situation and the settlement of post-detoxication social problems;

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

6. Effect international cooperation on drug detoxication and settlement of post-detoxication social problems.

Article 40.-

1. The Health Ministry shall have the responsibility to:

a) Promulgate lists and regulations on management of addictive medicines, centripetalneurotropic medicines, pre-substances used in the health domain and organize the implementation of such regulations; promulgate and take initiative in coordinating with concerned agencies in organizing the implementation of the regulations on management of narcotic substances used in the domains of public health, scientific analysis, test and research;

b) Stipulate the research into detoxication medicines and methods; grant and withdraw permits for circulation of detoxication medicines, or for the application of detoxication methods; provide human and medically technical supports for drug detoxication;

c) Effect international cooperation in control of addictive medicines, centripetalneurotropic medicines, pre-substances used in the domains of public health, scientific analysis, test and research.

2. The Health Minister shall grant and withdraw permits for import and/or export of detoxication medicines, addictive medicines, centripetalneurotropic medicines, narcotic substances, pre-substances used in the domains of public health, scientific analysis, test and research.

Article 41.-

1. The Ministry of Industry shall have the responsibility to:

a) Promulgate lists and regulations on management of pre-substances used in the industrial domain and organize the implementation of such regulations;

b) Effect international cooperation in control of pre-substances used in the industrial domain.

2. The Industry Minister shall grant and withdraw the permits for import and/or export of pre-substances for use in the production domain, except for cases prescribed in Clause 2, Article 40 of this Law.

Article 42.- The Ministry of Education and Training shall have the responsibility to promulgate and organize the implementation of the educational program on drug prevention and fight; elaborate and organize the implementation of projects on education of the drug prevention and fight in schools and other educational institutions.

Article 43.- The Ministry of Agriculture and Rural Development shall have to coordinate with the Committee for Ethnic Minorities and Mountain Regions as well as other concerned agencies and organizations in propagating, educating and organizing the elimination of narcotic-bearing plants; carry out the program on support for efficient production shift and stabilization of peoples life.

Article 44.-

1. The customs offices, border-guards and coast guards shall, within the scope of their tasks and powers, have to closely coordinate with the police offices and local administrations in inspecting, controlling, detecting and handling acts of illegally buying, selling or trafficking narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines across the borders according to the provisions of law.

2. Agencies defined in Clause 1 of this Article may coordinate with concerned agencies of other countries under the provisions in Chapter VI of this Law in detecting and/or preventing acts of illegally buying, selling and/or trafficking narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines across the border.

Article 45.- The agencies defined in Article 37 thru Article 44 of this Law shall, within the scope of their respective tasks and powers, have the responsibility to:

1. Examine and inspect the observance of regulations on management of lawful drug-related activities; drug-related crime prevention and combat; drug detoxication and post-detoxication management; scientific research, professional training in drug prevention and fight;

2. Handle administrative violations according to the provisions of law and request the investigating bodies to prosecute, investigate acts with signs of drug-related crimes.