Luật Phòng, chống ma túy 2021 số 73/2021/QH14

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
Law No. 73/2021/QH14	Hanoi, March 30, 2021

 

LAW

ON PREVENTION AND CONTROL OF NARCOTIC SUBSTANCES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Prevention and Control of Narcotic Substances.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for prevention and control of narcotic substances; management of persons using narcotic substances illegally; responsibilities of individuals, families, regulatory bodies and organizations for prevention and control of narcotic substances; state management of and international cooperation in prevention and control of narcotic substances.

Article 2. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “narcotic substance” means an addictive substance or psychotropic substance included in the list of narcotic substances promulgated by the Government.

2. “addictive substance” means a stimulant or depressant to which the user is likely to become addicted.

3. “psychotropic substance” means a stimulant or depressant or hallucinogen to which the user may become addicted after multiple uses.

4. “precursor” means a chemical necessary for the production of a narcotic substance and included in the list of precursors promulgated by the Government.

5. “veterinary drug containing narcotic substance or precursor” means a veterinary drug that contains any of the substances mentioned in Clauses 2, 3 and 4 of this Article.

6. “plants containing narcotic substances” includes the poppy plant, coca plant, cannabis plant and other plants containing a narcotic substance stipulated by the Government.

7. “prevention and control of narcotic substance” means the prevention of and fight against crime and evils related to narcotic substances and control of legal activities related to narcotic substances.

8. “social evils related to narcotic substances" includes illegal use of narcotic substances, narcotic substance dependence and violations against regulations of law on narcotic substances that are not yet or not liable to criminal prosecution.

9. “control of legal activities related to narcotic substances” consists of authorization, monitoring, inspection and supervision of legal activities related to narcotic substances, and prevention of the misuse of these activities.

10. “person using a narcotic substance illegally” means an individual who uses a narcotic substance without the permission of the competent person or authority and whose body tests positive for the narcotic substance (hereinafter referred to as “drug user”).

11. “testing for narcotic substance in body” means the performance of specialized techniques to detect a narcotic substance in the human body via urine sample, blood sample or other samples from the body.

12. “person suffering from narcotic substance dependence” means a person who uses a narcotic substance, narcotic drug or psychotropic drug and becomes dependent on the substance or drug (hereinafter referred to as “drug addict”).

13. “narcotic substance rehabilitation” means a process where medical, psychological and social assistance is provided for a drug addict to help them stop using a narcotic substance, narcotic drug or psychotropic drug, make physical and mental recovery, have a better understanding and change their behaviors to cease using the substance illegally (hereinafter referred to as “rehabilitation”).

14. “narcotic substance rehabilitation centers” means facilities established to carry out the rehabilitation process provided for by this Law, including public narcotic substance rehabilitation centers and voluntary narcotic substance rehabilitation centers (hereinafter referred to as “rehabilitation centers”).

Article 3. State policies on prevention and control of narcotic substances

1. Take measures against narcotic substances together with measures against HIV/AIDS and other social evils in a consistent manner.

2. Raise the awareness of narcotic substance prevention and control; encourage organizations and individuals to participate in this task.

3. Prioritize resources for narcotic substance prevention and control for ethnic minority areas, mountainous areas, remote and isolated areas, islands, border areas and areas plagued with issues related to narcotic substances.

4. Officials and soldiers of authorities of prevention and control of crime related to narcotic substances (hereinafter referred to as “drug-related crime preventing authorities”) and persons in charge of drug rehabilitation in public rehabilitation centers are entitled to benefits appropriate to their duties and work locations according to the Government’s regulations.

5. Protect and support individuals, families, regulatory bodies and organizations involved in narcotic substance prevention and control.

6. Properly manage drug users and drug addicts; encourage drug addicts to undergo rehabilitation and/or receive opioid substitution therapy; encourage individuals, families, regulatory bodies and organizations to participate in and support rehabilitation and post-rehabilitation management.

7. Ensure funding for compulsory rehabilitation; provide financial assistance for voluntary rehabilitation and post-rehabilitation management.

8. Vietnamese and foreign organizations and individuals investing in rehabilitation, post-rehabilitation management and prevention of narcotic substance relapse are entitled to land rents and/or corporate income tax exemption or reduction as prescribed by law.

9. Scientific research, technology development and application of high technology in prevention and control of narcotic substances are encouraged.

10. Individuals, organizations and regulatory bodies having achievements in prevention and control of narcotic substances shall be commended.

Article 4. Funding for prevention and control of narcotic substances

Prevention and control of narcotic substances shall be funded by:

1. State budget.

2. Sponsorship, aid, investments and gifts from Vietnamese and foreign organizations and individuals.

3. Payment from drug addicts and families thereof.

4. Other legal funding sources.

Article 5. Prohibited acts

1. Growing of plants containing narcotic substances; provision of instructions for growing of plants containing narcotic substances.

2. Illegal research, examination, testing, inspection, production, storage, transport, preservation, trade, distribution, processing, exchange, export, import, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs, and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

3. Appropriation of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

4. Illegal delivery, receipt, management, control, storage, dispensing and preservation of narcotic substances and precursors; allowing illegal use of narcotic substances, narcotic drugs or psychotropic drugs.

5. Illegal use or organization of illegal use of narcotic substances; forcing or persuading others to use narcotic substances illegally; aiding and abetting illegal use of narcotic substances.

6. Illegal production, storage, transport and trade of equipment used for illegal production or use of narcotic substances.

7. Resisting or obstructing testing for narcotic substance in body, diagnosis of narcotic substance dependence, drug user management, rehabilitation or post-rehabilitation management.

8. Taking revenge on or obstructing persons performing duties of narcotic substance prevention and control and participants in narcotic substance prevention and control.

9. Abusing positions, powers or jobs to commit violations against regulations of law on narcotic substance prevention and control.

10. Provision of instructions for illegal production or use of narcotic substances; advertising narcotic substances.

11. Discrimination against drug users, persons undergoing rehabilitation and persons having completed rehabilitation.

12. Other prohibited acts involving narcotic substances provided for by regulations of law.

Chapter II

RESPONSIBILITIES FOR PREVENTION AND CONTROL OF NARCOTIC SUBSTANCES

Article 6. Responsibilities of individuals and families

1. Raise the awareness of family members of the harm of narcotic substances and compliance with regulations of law on narcotic substance prevention and control; manage and prevent family members from committing violations against regulations of law on narcotic substance prevention and control.

2. Properly follow indications for use of narcotic drugs, psychotropic drugs, precursor drugs and veterinary drugs containing narcotic substances or precursors from competent persons.

3. Cooperate with competent authorities in fighting against crime and social evils related to narcotic substances; support voluntary rehabilitation at home and in communities, rehabilitation in rehabilitation centers and opioid substitution therapy; monitor and assist persons having completed rehabilitation with integrating into society; and prevent relapse.

4. Promptly provide information on crime and social evils related to narcotic substances and growing of plants containing narcotic substances for the police or competent authorities; participate in removal of plants containing narcotic substances organized by local governments.

Article 7. Responsibilities of state agencies

1. Organize narcotic substance prevention and control in state agencies; prevent officials, public employees and workers under their management and officials and soldiers of the people’s armed force from committing violations against regulations of law on narcotic substance prevention and control; encourage the people to detect, report and fight against crime and social evils related to narcotic substances.

2. Organize implementation of state guidelines and policies on planning and socio - economic development to replace plants containing narcotic substances in areas where plants containing narcotic substances are removed.

Article 8. Responsibilities of educational institutions

1. Organize adoption of educational programs on narcotic substance prevention and control; raise awareness of law on narcotic substance prevention and control of their students; properly manage and prevent their students from committing violations against regulations of law on narcotic substance prevention and control.

2. Cooperate with families, regulatory bodies, organizations and local government in managing and educating their students on narcotic substance prevention and control.

3. Cooperate with competent persons, organizations and authorities in organizing testing for narcotic substance in body where necessary to detect students using narcotic substances illegally.

Article 9. Responsibilities of news agencies

Cooperate with relevant regulatory bodies and organizations in disseminating guidelines, policies and law on narcotic substance prevention and control.

Article 10. Responsibilities of Vietnam Fatherland Front, member organizations thereof and other organizations

1. Organize and cooperate with competent authorities in dissemination of knowledge and law on narcotic substance prevention and control among people; encourage people to prevent and control narcotic substances and join narcotic substance prevention and control movements.

2. Prevent workers of their organizations and all citizens from committing violations against regulations of law on narcotic substance prevention and control.

3. Cooperate with local governments at all levels and competent authorities in encouraging drug addicts to undergo rehabilitation and/or receive opioid substitution therapy; provide education, vocational training, employment opportunities and assistance for persons having completed rehabilitation to integrate into society; and prevent relapse.

Article 11. Drug-related crime preventing authorities

1. Drug-related crime preventing authorities include:

a) Drug-related crime preventing authorities affiliated to the police;

b) Drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard and customs authorities.

2. Within their competence, drug-related crime preventing authorities affiliated to the police shall take charge and cooperate with relevant regulatory bodies and organizations in preventing and fighting against crime related to narcotic substances.

3. Within their competence, drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard and customs authorities shall take charge and cooperate with the police and other relevant regulatory bodies and organizations in preventing and fighting against crime related to narcotic substances in areas under their management.

4. In any locality, the first authority to detect a violation against regulations of law related to the duties and powers of multiple authorities in the locality shall handle the violation within its competence as per the law; and hand over persons involved in violations beyond its competence and documents and exhibits thereof to the competent authority for handling.

5. The Government shall provide for the cooperation between drug-related crime preventing authorities.

Chapter III

CONTROL OF LEGAL ACTIVITIES RELATED TO NARCOTIC SUBSTANCES

Article 12. Legal activities related to narcotic substances

1. Legal activities related to narcotic substances are activities permitted by competent authorities, including:

a) Research, examination, testing, inspection and production of narcotic substances (excluding growing of plants containing narcotic substances), precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines and veterinary drugs containing narcotic substances or precursors;

b) Transport, preservation, storage, trade, distribution, use, processing and exchange of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines and veterinary drugs containing narcotic substances or precursors;

c) Import, export, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines and veterinary drugs containing narcotic substances or precursors.

2. The legal activities related to narcotic substances mentioned in Clause 1 herein must be strictly controlled according to regulations of this Law and other relevant law provisions.

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

1. Research, examination and production of narcotic substances (excluding growing of plants containing narcotic substances) and precursors are subject to monitoring, inspection and supervision of competent authorities.

2. The Government shall stipulate the authorities with competence in permitting the abovementioned research, examination and production and procedures for granting of such permission and the monitoring, inspection and supervision mentioned in Clause 1 of this Article.

Article 14. Control of transport of narcotic substances and precursors

1. Regulatory bodies, organizations and individuals may transport narcotic substances and precursors with the permission of competent authorities; must pack and seal transported items according to regulations of competent authorities when carrying out such transport; and shall take responsibility for quantity and quality of transported items, take measures to protect these items and prevent loss during the transport process, and be subject to monitoring, inspection and supervision of competent authorities.

2. The Government shall elaborate this Article.

Article 15. Control of activities involving narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines

Activities involving narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines, excluding the activities mentioned in Point b Clause 1 and Clause 2 Article 17 of this Law, shall be controlled in compliance with regulations of law on pharmaceuticals.

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

Activities involving veterinary drugs containing narcotic substances or precursors shall be controlled according to the Government’s regulations.

Article 17. Control of import, export, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines

1. The following activities require permission of competent authorities:

a) Import, export, temporary import, re-export, temporary export and re-import of narcotic substances and precursors;

b) Temporary import, re-export, temporary export and re-import of narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines.

2. Transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines through Vietnamese territory must be carried out according to the itinerary stated in the transit permit. Regulatory bodies and organizations in charge of such transit must carry out procedures and are under the control of customs authorities and competent authorities of Vietnam.

3. The Government shall elaborate this Article.

Article 18. Formulation of documents on legal activities related to narcotic substances

Regulatory bodies, organizations and individuals carrying out the activities mentioned in Clause 1 Article 12 of this Law shall formulate documents and reports on these activities according to the Government’s regulations.

Article 19. Control of legal activities related to narcotic substances for national defense and security purposes

Research, examination, production, transport, storage, preservation, use, import, export, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines and veterinary drugs containing narcotic substances or precursors for national defense and security purposes shall be carried out in accordance with the Government’s regulations.

Article 20. Control of narcotic drugs, psychotropic drugs and precursor drugs used for first aid and emergency aid in international travel and medical treatment of persons entering, exiting or transiting through Vietnam

1. Narcotic drugs, psychotropic drugs and precursor drugs that are carried on watercrafts, aircrafts, trains, automobiles or other transport vehicles travelling internationally for first aid and emergency aid are not considered exports, imports or goods transiting through Vietnamese territory.

Operators of transport vehicles shall make a declaration with Vietnamese customs authorities, explain the amount of drugs used, take suitable safety measures to prevent misuse or illegal transport of these drugs and be under the control of competent Vietnamese authorities.

2. Carry of narcotic drugs, psychotropic drugs and precursor drugs used for the medical treatment of persons entering, exiting or transiting through Vietnam shall abide by the Government’s regulations and be under the control of competent Vietnamese authorities.

Article 21. Handling of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors seized in violations of law

Narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors seized in criminal cases and cases of administrative violations shall be handled in compliance with regulations of law on criminal procedures and handling of administrative violations.

Chapter IV

DRUG USER MANAGEMENT

Article 22. Testing for narcotic substance in body

1. The following cases are required to test for narcotic substance in body:

a) Persons found to have used a narcotic substance illegally;

b) Persons presumed to have used a narcotic substance illegally by the competent authority or person based on sufficient grounds;

c) Drug users currently under management;

d) Persons currently subject to commune-level educational measures due to illegal use of narcotic substances; currently undergoing rehabilitation; currently receiving opioid substitution therapy; or currently under post-rehabilitation management.

2. Heads of rehabilitation centers and facilities for opioid substitution therapy; and persons having competence in imposing administrative penalties on illegal use of narcotic substances have the power to carry out testing for narcotic substance in body intra vires or request qualified authorities or persons to perform this test for the cases mentioned in Clause 1 herein.

Positive test results shall be immediately sent to Chairpersons of the People’s Committees of the communes where the persons testing positive reside, unless these persons are undergoing compulsory rehabilitation.

3. Testing for narcotic substance in body for the cases mentioned in Clause 1 of this Article shall be covered by the State.

Article 23. Drug user management

1. Drug user management is a precaution that helps prevent drug users from using narcotic substances illegally and committing violations against the law.

Drug user management is not an administrative penalty.

2. Time period during which a drug user is subject to drug user management shall be 01 year starting from the date of issuance of the management decision by the Chairperson of the commune-level People’s Committee.

3. Content of drug user management includes:

a) Provide counsel, encouragement, education and assistance for drug users to stop using narcotic substances illegally;

b) Test for narcotic substance in body;

c) Prevent drug users from disrupting public order and threatening social safety.

4. Within 03 working days from the date of receipt of the positive test result of a person residing in their commune, the Chairperson of the commune-level People’s Committee shall issue a decision and organize management of the drug user in their commune.

5. While a drug user is subject to drug user management, the Chairperson of the commune-level People’s Committee shall issue a decision to stop the management in any of the following cases:

a) The drug user is determined to be a drug addict;

b) The drug user is subject to commune-level educational measures due to illegal use of a narcotic substance;

c) The drug user is taken to a correctional institution;

d) The drug user has to serve a prison sentence;

dd) The drug user is included in list of deceased persons or persons declared missing by the Court.

6. The Government shall elaborate this Article.

Article 24. Responsibilities of drug users

1. Provide sufficient and accurate information on their illegal use of narcotic substances for the police of the communes where they reside.

2. Comply with management by the commune-level People’s Committee.

Article 25. Responsibilities of families, regulatory bodies, organizations and communities for drug user management

1. Responsibilities of families of drug users:

a) Manage and educate drug users; prevent drug users from using narcotic substances illegally;

b) Provide information on illegal use of narcotic substances of drug users for the police of the communes where the drug users reside;

c) Prevent drug users from disrupting public order and threatening social safety;

d) Cooperate with competent authorities in having drug users tested for narcotic substances in their bodies.

2. Responsibilities of workplaces of drug users and communities where drug users live:

a) Provide drug users with encouragement, assistance and education; prevent drug users from using narcotic substances illegally;

b) Cooperate with families of drug users and competent authorities in having drug users tested for narcotic substances in their bodies.

Article 26. Formulation of drug user list

1. Commune-level police shall assist the People's Committee at the same level in formulating a list of drug users living in the commune.

2. When a drug user changes their place of residence, the police of the commune where their old place of residence is located shall notify the police of the commune where the new place of residence is located within 05 working days  from the date on which the drug user moves to the new place to have the drug user added to the drug user list and managed.

3. Commune-level police shall assist the People's Committee at the same level in removing the following cases from the drug user list:

a) Drug users who do not use a narcotic substance illegally during the management period provided for in Clause 2 Article 23 of this Law;

b) Drug users who are no longer subject to drug user management according to regulations in Clause 5 Article 23 of this Law;

c) Drug users who change their places of residence.

Chapter V

REHABILITATION

Article 27. Diagnosis of narcotic substance dependence

1. The following cases are subject to diagnosis of narcotic substance dependence:

a) Drug users who are currently subject to drug user management and found to have used a narcotic substance illegally;

b) Drug users who do not have a place of residence;

c) Persons who are found to have used a narcotic substance illegally while subject to commune-level educational measures due to illegal use of narcotic substances or within 01 year after end of commune-level educational measures imposed due to illegal use of narcotic substances;

d) Persons who are currently subject to post-rehabilitation management and found to have used a narcotic substance illegally;

dd) Persons wishing to have their narcotic substance dependence diagnosed.

2. The police of the communes where the persons mentioned in Points a, b, c and d Clause 1 herein are found shall submit applications to diagnose the narcotic substance dependence of these persons to competent health authorities.

3. District-level or provincial police forces that found any of the persons mentioned in Points a, b, c and d Clause 1 herein directly or during the investigation into or handling of violations against the law shall submit applications to diagnose the narcotic substance dependence of these persons to competent health authorities.

4. When narcotic substance dependence diagnosis results are available, the responsible health authorities shall immediately send the results to the applicants and diagnosed persons.

5. Rights and responsibilities of persons receiving narcotic substance dependence diagnosis:

a) Have their honor and dignity protected; receive assistance for travel, meals, accommodations and treatment of withdrawal syndrome and concomitant conditions while their narcotic substance dependence is being diagnosed;

b) Comply with regulations of the facilities for narcotic substance dependence diagnosis; declare their history of narcotic substance use and manifestations of narcotic substance use to healthcare workers in an honest manner;

c) Persons aged 18 or older or parents, guardians or authorized legal representatives of persons from 12 to under 18 years old in the cases mentioned in Points a, b, c and dd Clause 1 herein, if they are diagnosed with narcotic substance dependence, shall register for voluntary rehabilitation according to regulations in Article 28 of this Law or opioid substitution therapy (if they are dependent on opioids) with the People’s Committees of the communes where they reside.

6. The Government shall provide for healthcare facilities eligible for narcotic substance dependence diagnosis; and applications and procedures for narcotic substance dependence diagnosis.

7. The Minister of Health shall stipulate professional procedures and criteria for narcotic substance dependence diagnosis.

8. Diagnosis of narcotic substance dependence of the cases mentioned in Points a, b, c and d Clause 1 of this Article shall be covered by the State.

Article 28. Rehabilitation measures

1. Rehabilitation measures consist of:

a) Voluntary rehabilitation;

b) Compulsory rehabilitation.

2. Voluntary rehabilitation shall take place in families, communities or rehabilitation centers; compulsory rehabilitation shall take place in public rehabilitation centers.

Article 29. Rehabilitation procedures

1. Rehabilitation comprises the following stages:

a) Receipt and classification;

b) Detoxification, treatment of mental disorders and treatment of other conditions;

c) Education, counseling and behavior and personality recovery;

d) Therapeutic working and vocational training;

dd) Preparation for reintegration into society.

2. Compulsory rehabilitation must carry out all of the stages mentioned in Clause 1 herein; voluntary rehabilitation must complete the stages provided for in Points a, b and c Clause 1 herein.

3. The Government shall elaborate this Article.

Article 30. Voluntary rehabilitation in families and communities

1. Voluntary rehabilitation in families and communities is the process where drug addicts undergo voluntary rehabilitation in their families and communities with professional assistance from rehabilitation service providers, cooperation and support from their families and communities and management of the commune-level People’s Committee.

2. Voluntary rehabilitation in families and communities shall last from 06 to 12 months.

3. Persons undergoing voluntary rehabilitation in families and communities are entitled to financial assistance for their rehabilitation after they have completed at least 03 stages provided for in Points a, b and c Clause 1 Article 29 of this Law.

4. Responsibilities of persons undergoing voluntary rehabilitation in families and communities:

a) Fully comply with regulations on voluntary rehabilitation and guidelines from specialized agencies;

b) Pay rehabilitation-related costs according to regulations.

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

a) Receive registration for voluntary rehabilitation in families and communities;

b) Provide instructions for and manage persons undergoing voluntary rehabilitation in families and communities;

c) Issue confirmations of completion of voluntary rehabilitation in families and communities.

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

a) Assign tasks of providing services of voluntary rehabilitation in families and communities to public service providers under their management in their districts;

b) Receive applications for provision of services of voluntary rehabilitation in families and communities and announce list of eligible providers;

c) Notify list of eligible providers of services of voluntary rehabilitation in families and communities to commune-level People's Committees;

d) Provide financial assistance for voluntary rehabilitation in families and communities;

dd) Provide direction and guidelines for and inspect voluntary rehabilitation in families and communities.

7. Rehabilitation centers, organizations and individuals eligible to provide one or more than one rehabilitation activities mentioned in Clause 1 Article 29 of this Law may provide services of voluntary rehabilitation in families and communities and have the following responsibilities:

a) Receive drug addicts and provide services of voluntary rehabilitation in families and communities;

b) Properly follow professional procedures according to regulations of competent authorities;

c) Within 05 working days from the date on which a drug addict uses the services or stops using the services without permission or the services are completed, notify the People's Committee of the commune where the drug addict registers for voluntary rehabilitation in their family/ community.

8. Organizations and individuals eligible to provide services of voluntary rehabilitation in families and communities shall apply for such provision to the district-level People's Committee.

9. The Government shall elaborate this Article.

Article 31. Voluntary rehabilitation in rehabilitation centers

1. Voluntary rehabilitation in rehabilitation centers shall last from 06 to 12 months.

2. Persons undergoing voluntary rehabilitation in rehabilitation centers are entitled to financial assistance for their rehabilitation after they have completed at least 03 stages provided for in Points a, b and c Clause 1 Article 29 of this Law.

3. Responsibilities of persons undergoing voluntary rehabilitation in rehabilitation centers:

a) Fully comply with regulations on voluntary rehabilitation and guidelines from specialized agencies;

b) Pay rehabilitation-related costs according to regulations.

Persons in difficult conditions undergoing voluntary rehabilitation in public rehabilitation centers may be exempt from paying all or part of the costs incurred.

4. Rehabilitation centers shall issue confirmations of completion of voluntary rehabilitation to persons having completed the rehabilitation.

5. The Government shall elaborate this Article.

Article 32. Persons subject to administrative penalty of compulsory rehabilitation in rehabilitation centers

Drug addicts aged 18 or older shall be subject to the administrative penalty of compulsory rehabilitation in rehabilitation centers according to regulations of the Law on Handling Administrative Violations in any of the following cases:

1. They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;

2. They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;

3. They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment;

4. They relapse while subject to  post-rehabilitation management.

Article 33. Rehabilitation for persons from 12 to under 18 years old

1. Drug addicts from 12 to under 18 years old shall be subject to compulsory rehabilitation in rehabilitation centers in any of the following cases:

a) They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;

b) They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;

c) They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment.

2. Responsibilities of drug addicts from 12 to under 18 years old undergoing compulsory rehabilitation in rehabilitation centers:

a) Comply with regulations on compulsory rehabilitation and rules, and be managed by and receive education and treatment from rehabilitation centers;

b) Participate in activities in relation to treatment, education, counseling, general education, vocational training, therapeutic working and behavior and personality recovery.

3. Compulsory rehabilitation for drug addicts from 12 to under 18 years old shall last from 06 to 12 months.

4. Sending drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation shall be decided by the district-level People’s Court and is not considered an administrative penalty.

5. The Standing Committee of the National Assembly shall provide for procedures for consideration of and decision on sending drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation by People’s Courts.

Article 34. Formulation of applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation

1. An application to send a drug addict from 12 to under 18 years old to a rehabilitation center for compulsory rehabilitation shall be formulated as follows:

a) Chairperson of the People’s Committee of the commune where the drug addict resides or committed the violation (if their place of residence cannot be determined) shall formulate the application;

b) The district-level or provincial police force that found the drug addict directly or during the investigation into or handling of a violation against the law shall verify, collect documents and formulate the application;

c) An application includes an offence notice, curriculum vitae, documentary proof of narcotic substance dependence of the drug addict, statement of the drug addict or legal representative thereof, and opinion of the father, mother, guardian or legal representative;

d) The commune-level police shall assist the Chairperson of the People’s Committee at the same level in collecting documents and formulating the application according to regulations in Point a Clause 1 herein.

2. The regulatory body or person formulating the application according to Clause 1 herein shall take responsibility for the validity of the application. After completing the application, the regulatory body or person formulating the application shall notify the drug addict and their father, mother, guardian or legal representative of the application in writing. These persons have the right to read the application and have their opinions on the application recorded within 03 working days from the date of receipt of the notification.

3. Within 01 working day after the deadline for reading the application, the regulatory body or person formulating the application shall send it to the head of the labor - war invalid and social affairs authority of the district where the drug addict resides or committed the violation (if their place of residence cannot be determined). Within 02 working days from the date of receipt of the application, the head of the labor - war invalid and social affairs authority shall decide to send the application to the People’s Court of the district for decision on sending the drug addict to a rehabilitation center. If the application is inadequate, the head of the labor - war invalid and social affairs authority shall return it to the regulatory body or person formulating it for amendment, which must be completed within 02 working days from the date of receipt of the returned application. Within 02 working days from the date of receipt of the amended application, the head of the labor - war invalid and social affairs authority shall decide to send it to the People’s Court of the district for decision on sending the drug addict to a rehabilitation center.

4. Application to the district-level People’s Court for consideration of and decision on sending the drug addict to a rehabilitation center for compulsory rehabilitation includes:

a) The application to send the drug addict to a rehabilitation center formulated according to regulations in Point c Clause 1 herein;

b) Proposal for sending the drug addict to a rehabilitation center from the head of the district-level labor - war invalid and social affairs authority.

This proposal must include opinions on children’s rights protection.

5. Applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation must have their pages numbered and retained as per regulations of law on archiving.

6. The Government shall provide for formulation of applications to send drug addicts from 12 to under 18 years old to rehabilitation centers for compulsory rehabilitation; and rehabilitation applicable to persons from 12 to under 18 years old.

Article 35. Public rehabilitation centers

1. Chairpersons of provincial People’s Committees have the power to decide establishment of public rehabilitation centers.

2. Every public rehabilitation center must have the following areas:

a) Temporary accommodations for persons undergoing narcotic substance dependence diagnosis and persons whose applications for imposition of the administrative penalty of compulsory rehabilitation in a rehabilitation center are being formulated;

b) Compulsory rehabilitation area;

c) Voluntary rehabilitation area;

d) Rehabilitation area for persons from 12 to under 18 years old;

dd) Rehabilitation area for persons having infectious diseases of group A or B according to regulations of the Law on Prevention and Control of Infectious Diseases;

e) Rehabilitation area for persons having disrupted order in or committed a violation against regulations of the rehabilitation center.

3. The areas mentioned in Clause 2 of this Article must be sex-segregated. Any person whose physical characteristics differ from that of the sex written in their documents or curriculum vitae shall stay in the area assigned to the sex indicated by their physical characteristics.

4. Operations of public rehabilitation centers consist of:

a) Receive drug addicts undergoing compulsory and voluntary rehabilitation and organize their rehabilitation;

b) Diagnose narcotic substance dependence;

c) Receive, manage and provide education, counseling and treatment for withdrawal syndrome, mental disorders and other conditions for persons whose applications for compulsory rehabilitation in rehabilitation centers are being formulated.

5. Rights of public rehabilitation centers:

a) Receive drug addicts undergoing rehabilitation voluntarily as appropriate to their capacity;

b) Heads of public rehabilitation centers have the power to decide imposition of suitable management, educational and treatment measures on persons undergoing rehabilitation.

6. Responsibilities of public rehabilitation centers:

a) Adhere to regulations on narcotic substance dependence diagnosis, rehabilitation procedures and management of persons whose applications for compulsory rehabilitation in rehabilitation centers are being formulated;

b) Respect the life, health, honor, dignity and property of persons undergoing rehabilitation, persons subject to narcotic substance dependence diagnosis and persons whose applications for compulsory rehabilitation in rehabilitation centers are being formulated;

c) Ensure the rights of drug addicts throughout the rehabilitation process and issue confirmations of completion of compulsory rehabilitation to persons from 12 to under 18 years old;

d) Heads of public rehabilitation centers shall ensure the operating conditions of their centers; and openly post rehabilitation costs of their centers as per the law;

dd) Prevent narcotic substances from entering their centers;

e) Within 05 working days from the date on which a person who undergoes rehabilitation voluntarily is received or stops using rehabilitation services without permission or completes rehabilitation, notify the People's Committee of the commune where this person registers for voluntary rehabilitation.

7. The Government shall stipulate requirements for facilities, equipment and workforce of public rehabilitation centers and management in public rehabilitation centers.

Article 36. Voluntary rehabilitation centers

1. Voluntary rehabilitation centers shall be established by providers of rehabilitation services. The Government shall provide for conditions for, competence in and procedures for issuance and revocation of licenses to operate voluntary rehabilitation center.

2. Rights of voluntary rehabilitation centers:

a) Receive drug addicts undergoing rehabilitation voluntarily as appropriate to their capacity;

b) Collect payments for rehabilitation-related costs;

c) Enjoy incentive policies as prescribed by law.

3. Responsibilities of voluntary rehabilitation centers:

a) Follow rehabilitation procedures;

b) Respect the life, health, honor, dignity and property of persons undergoing rehabilitation;

c) Ensure the rights of drug addicts from 12 to under 18 years old throughout the rehabilitation process;

d) Heads of rehabilitation centers shall ensure the operating conditions of their centers; and openly post rehabilitation-related costs of their centers as per the law;

dd) Prevent narcotic substances from entering their centers;

e) Provide separate areas or rooms for persons from 12 to under 18 years old, persons having infectious diseases of group A or B according to regulations of the Law on Prevention and Control of Infectious Diseases and women; any person whose physical characteristics differ from that of the sex written in their documents or curriculum vitae shall stay in the area assigned to the sex indicated by their physical characteristics;

g) Within 05 working days from the date on which a person who undergoes rehabilitation is received or stops using rehabilitation services without permission or completes rehabilitation, notify the People's Committee of the commune where this person registers for voluntary rehabilitation.

Article 37. Rehabilitation for Vietnamese citizens deported due to illegal use of narcotic substances and/or narcotic substance dependence; and foreign drug addicts living in Vietnam

1. Vietnamese citizens deported due to illegal use of narcotic substances and/or narcotic substance dependence must undergo narcotic substance dependence diagnosis upon their arrival in Vietnam.  Those diagnosed with narcotic substance dependence must take rehabilitation measures according to regulations of this Law.

2. Foreign drug addicts living in Vietnam shall register for voluntary rehabilitation in rehabilitation centers according to regulations of this Law and incur all rehabilitation-related costs. Otherwise, they shall be handled as per the law.

Article 38. Rehabilitation for persons kept in temporary detention, prisoners and students of correctional institutions

1. The State shall impose suitable rehabilitation measures upon drug addicts being persons kept in temporary detention, prisoners and students of correctional institutions.

2. Prison officers, superintendents of custody centers, heads of detention centers and heads of correctional institutions shall closely cooperate with local healthcare facilities in implementing regulations in Clause 1 herein.

Article 39. Exemption from remaining duration of compulsory rehabilitation per decisions on sending persons from 14 to under 18 years old to rehabilitation centers for compulsory rehabilitation

For persons from 14 to under 18 years old who are undergoing compulsory rehabilitation and found to have committed a crime before or during the implementation of their compulsory rehabilitation decisions and sentenced to imprisonment by the Court but not eligible for sentence suspension, they may be exempt from the remaining duration of their compulsory rehabilitation decisions.

Article 40. Post-rehabilitation management in places of residence

1. Persons having completed voluntary rehabilitation, persons having completed opioid substitution therapy and persons from 12 to under 18 years old having fully served compulsory rehabilitation decisions shall be subject to post-rehabilitation management for 01 year starting from the date on which rehabilitation is completed or the compulsory rehabilitation decision is fully served.

2. Persons having fully served decisions on imposition of administrative penalty of compulsory rehabilitation in rehabilitation centers shall be subject to post-rehabilitation management for 02 years starting from the date on which the decision is fully served.

3. Post-rehabilitation management consists of:

a) Draw up list of persons subject to post-rehabilitation management;

b) Provide counsel and assistance, and prevent relapse;

c) Monitor, detect and prevent illegal use of narcotic substances.

4. Social assistance during post-rehabilitation management includes:

a) Assistance for persons from 12 to under 18 years old to receive general education;

b) Assistance for vocational training, loans, job search and participation in social activities for integration into society.

5. Chairpersons of commune-level People’s Committees have the power to issue decisions on and organize post-rehabilitation management and social assistance.

6. The Government shall provide for documents, procedures and requirements concerning post-rehabilitation management and assistance policies for persons subject to post-rehabilitation management.

Article 41. Harm reduction measures for drug users and drug addicts

1. Harm reduction measures for drug users and drug addicts are measures taken to reduce the harm associated with illegal use of narcotic substances done to drug users and drug addicts and their families and communities.

2. Harm reduction measures for drug users and drug addicts comprise:

a) Opioid substitution therapy;

b) Other measures according to the Government’s regulations.

Article 42. Responsibilities of families of drug addicts and communities

1. Responsibilities of families of drug addicts:

a) Support drug addicts during rehabilitation, after rehabilitation and in integration into society;

b) Cooperate with competent authorities and persons in formulating documents for imposition of compulsory rehabilitation; cooperate with relevant regulatory bodies, organizations and units in supporting drug addicts during rehabilitation, in post-rehabilitation management and in integration into society.

2. Responsibilities of communities where drug addicts reside:

a) Provide drug addicts with encouragement and support;

b) Cooperate with relevant regulatory bodies, organizations and units in supporting drug addicts during rehabilitation, in post-rehabilitation management and in integration into society.

Article 43. Formulation of lists of drug addicts and persons subject to post-rehabilitation management

1. Commune-level police shall assist People's Committees at the same level in formulating lists of drug addicts and persons subject to post-rehabilitation management living in their communes.

2. When a drug addict or person subject to post-rehabilitation management changes their place of residence, the police of the commune where their old place of residence is located shall notify the police of the commune where the new place of residence is located within 05 working days from the date on which this person moves to the new place to have this person added to the list of drug addicts or persons subject to post-rehabilitation management and cooperate in managing this person.

3. Commune-level police shall assist People's Committees at the same level in removing the following cases from lists of drug addicts and persons subject to post-rehabilitation management:

a) Persons not found using a narcotic substance illegally during the post-rehabilitation management period provided for in Clauses 1 and 2 Article 40 of this Law;

b) Drug addicts and persons subject to post-rehabilitation management having to serve a prison sentence;

c) Drug addicts and persons subject to post-rehabilitation management having a new place of residence in another commune;

d) Drug addicts and persons subject to post-rehabilitation management who are deceased or declared missing by the Court.

Chapter VI

STATE MANAGEMENT OF PREVENTION AND CONTROL OF NARCOTIC SUBSTANCES

Article 44. Contents of state management of prevention and control of narcotic substances

1. Formulate strategies, guidelines, policies and plans for prevention and control of narcotic substances and organize implementation thereof.

2. Promulgate and organize implementation of legislative documents on prevention and control of narcotic substances.

3. Organize apparatus, and provide training and refresher courses for persons in charge of prevention and control of narcotic substances.

4. Control legal activities related to narcotic substances.

5. Carry out rehabilitation and post-rehabilitation management.

6. Organize prevention and control of narcotic substances.

7. Produce state statistics on prevention and control of narcotic substances.

8. Organize research on and application of scientific and technological advances in relation to prevention and control of narcotic substances.

9. Raise awareness of prevention and control of narcotic substances.

10. Carry out international cooperation in prevention and control of narcotic substances.

11. Give commendation, perform inspections, settle complaints and denunciations and impose penalties on regulatory violations concerning prevention and control of narcotic substances.

Article 45. Responsibilities for state management of prevention and control of narcotic substances

1. The Government shall unify state management of prevention and control of narcotic substances.

2. The Ministry of Public Security shall take charge of and assist the Government in state management of prevention and control of narcotic substances.

3. Ministries, ministerial-level agencies and Governmental agencies shall carry out and cooperate with relevant regulatory bodies and organizations in prevention and control of narcotic substances intra vires.

4. People’s Committees at all levels shall exercise state management of prevention and control of narcotic substances in their localities intra vires.

Article 46. Responsibilities of Ministry of Public Security

1. Promulgate legislative documents on prevention and control of narcotic substances within its competence or propose these documents to competent authorities for promulgation.

2. Take charge and cooperate with relevant regulatory bodies and organizations in prevention and control of narcotic substances; organize receipt and processing of information on crime related to narcotic substances; and control legal activities related to narcotic substances intra vires.

3. Organize examination of narcotic substances and precursors.

4. Provide training and refresher courses for persons in charge of investigation into and prevention and control of crime related to narcotic substances.

5. Provide guidelines for formulation of lists of drug users, drug addicts and persons subject to post-rehabilitation management.

6. Take charge of state statistics on prevention and control of narcotic substances; manage information on crime related to narcotic substances, drug users, drug addicts and persons subject to post-rehabilitation management and results of control of legal activities related to narcotic substances.

7. Carry out international cooperation in prevention and control of narcotic substances.

Article 47. Responsibilities of Ministry of Labor - War Invalids and Social Affairs

1. Promulgate legislative documents on prevention and control of narcotic substances within its competence or propose these documents to competent authorities for promulgation.

2. Take charge and cooperate with relevant regulatory bodies and organizations and local governments in providing guidance on voluntary rehabilitation in families and communities, rehabilitation in rehabilitation centers and post-rehabilitation management.

3. Provide guidelines for establishment, dissolution and organization of operations of public rehabilitation centers.

4. Provide training and refresher courses for persons in charge of rehabilitation and post-rehabilitation management.

5. Provide guidance and direction for raising awareness of prevention and control of narcotic substances in vocational education institutions.

6. Carry out international cooperation in rehabilitation.

7. List drug addicts undergoing voluntary rehabilitation in families and communities and rehabilitation in rehabilitation centers.

Article 48. Responsibilities of Ministry of National Defense

1. Promulgate legislative documents on prevention and control of narcotic substances within its competence or propose these documents to competent authorities for promulgation.

2. Organize implementation of plans for prevention and control of narcotic substances along land boundaries and maritime boundaries, in contiguous zones and exclusive economic zone and on continental shelves.

3. Direct the Border Guard and Vietnam Coast Guard to take charge and cooperate with relevant regulatory bodies and organizations in receiving and handling information on crime related to narcotic substances, detecting, preventing and fighting against violations against regulations of law on narcotic substances, and controlling legal activities related to narcotic substances in the areas mentioned in Clause 2 of this Article in compliance with regulations of this Law and other relevant law provisions.

4. Provide training and refresher courses for persons in charge of prevention and control of crime related to narcotic substances of the Border Guard and Vietnam Coast Guard.

5. List drug addicts in prisons, detention centers and custody centers under the management of the Ministry of National Defense.

Article 49. Responsibilities of Ministry of Health

1. Promulgate legislative documents on prevention and control of narcotic substances within its competence or propose these documents to competent authorities for promulgation.

2. Conduct research on drugs and methods for rehabilitation; grant and revoke marketing authorizations for rehabilitation drugs and licenses for rehabilitation methods; provide medical assistance and healthcare workers for rehabilitation.

3. List persons currently receiving opioid substitution therapy.

Article 50. Responsibilities of Ministry of Finance

Direct customs authorities to prevent and control narcotic substances in accordance with this Law and other relevant provisions of law.

Chapter VII

INTERNATIONAL COOPERATION IN PREVENTION AND CONTROL OF NARCOTIC SUBSTANCES

Article 51. Rules for international cooperation in prevention and control of narcotic substances

1. The Vietnamese State shall adopt conventions on prevention and control of narcotic substances and other relevant conventions to which the Socialist Republic of Vietnam is a signatory on the basis of respect for independence, sovereignty and territorial integrity and mutual benefits; and cooperate with other countries, international organizations and foreign organizations and individuals in prevention and control of narcotic substances.

2. On the basis of conventions to which the Socialist Republic of Vietnam is a signatory, regulations of this Law and other relevant law provisions, and signed international agreements, competent Vietnamese authorities shall launch programs on cooperation in prevention and control of narcotic substances with relevant authorities of other countries, international organizations and foreign organizations and individuals.

Article 52. Policies for international cooperation in prevention and control of narcotic substances

The Vietnamese State shall adopt multilateral and bilateral policies for international cooperation in prevention and control of narcotic substances on the basis of respect for independence and sovereignty; and encourage international organizations and foreign organizations and individuals to cooperate with Vietnamese authorities and organizations in providing mutual assistance for facilities and enhancing regulatory, information, training technology and healthcare capacity for the purpose of preventing and controlling narcotic substances.

Article 53. Transfer of controlled goods

The Vietnamese State shall grant requests for transfer of controlled goods based on conventions to which the Socialist Republic of Vietnam is a signatory to detect and initiate criminal prosecution against persons committing crime related to narcotic substances. This measure shall be decided and imposed in accordance with agreements between competent authorities of Vietnam and relevant countries.

Chapter VIII

IMPLEMENTATION CLAUSE

Article 54. Effect

1. This Law takes effect from January 01, 2022.

2. The Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in accordance with the Law No. 16/2008/QH12, is annulled from the date on which this Law comes into force.

Article 55. Transitional clause

1. Starting from the entry into force of this Law:

a) Persons currently undergoing voluntary rehabilitation in families and communities or rehabilitation centers shall continue to undergo voluntary rehabilitation until the end of the rehabilitation period according to regulations of the Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in compliance with Law No. 16/2008/QH12, and be subject to post-rehabilitation management according to regulations of this Law;

b) Persons currently subject to post-rehabilitation management shall fully serve their post-rehabilitation management decisions according to regulations of the Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in compliance with Law No. 16/2008/QH12. Persons aged 18 or older and subject to post-rehabilitation management and relapsing after the entry into force of this Law shall be sent to rehabilitation centers for compulsory rehabilitation as an administrative penalty;

c) Persons currently serving decisions on compulsory rehabilitation in communities according to regulations of the Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in compliance with Law No. 16/2008/QH12, may register for voluntary rehabilitation according to regulations of this Law. Time spent serving compulsory rehabilitation in communities may be counted towards the voluntary rehabilitation duration;

d) Persons who are to be sent to rehabilitation centers for compulsory rehabilitation according to regulations of the Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in compliance with Law No. 16/2008/QH12, and whose applications for compulsory rehabilitation in rehabilitation centers are being formulated shall undergo rehabilitation in compliance with this Law;

dd) Licenses related to legal activities related to narcotic substances that have been issued may be used until they expire.

2. Within 02 years after the entry into force of this Law, rehabilitation centers for compulsory rehabilitation established under the Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in compliance with Law No. 16/2008/QH12, must meet requirements for public rehabilitation centers according to this Law.

Other facilities for rehabilitation according to the Law on Drug Prevention and Fight No. 23/2000/QH10, which is amended in accordance with the Law No. 16/2008/QH12, granted the operating license before the entry into force of this Law may continue to operate until the license expires.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 11th session, on March 30, 2021.

 

THE CHAIRWOMAN OF THE NATIONAL ASSEMBLY Nguyen Thi Kim Ngan