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.
Tìm kiếm
Luật Phòng, chống ma túy 2021 (Bản Pdf)
Luật Phòng, chống ma túy 2021 (Bản Word)