Luật phòng, chống ma túy sửa đổi 2008 số 16/2008/QH12

LAW

ON AMENDMENTS TO A NUMBER OF ARTICLES OF LAW ON DRUG PREVENTION AND FIGHT

Pursuant to the Constitution of the Socialist Republic of Vietnam 1992 amended by Resolution No.51/2001/QH10;

The National Assembly promulgates a Law on amendments to a number of articles of the Law on Drug Prevention and Fight.

Article 1. A number of articles of the Law on Drug Prevention and Fight shall be amended as follows:

1. Article 13 shall be amended as follows:

"Article 13

1. The drug control agencies of the people’s public security force may carry out the following activities:

a. Taking charge and cooperating with relevant agencies in performing activities to prevent and fight against drug-related crimes;

b. Applying necessary scouting measures to detect drug-related crimes;

c. Requesting appraisal of necessary specimen, bio-product samples to detect drug-related crimes

d. Requesting concerned individuals, families, agencies and/or organizations to provide information, documents, financial situation and accounts at banks when there are grounds for believing that acts prescribed in Clauses 1, 2, 3, 4, 5 and 8, Article 3 of this Law are committed;

dd. Requesting post offices to open parcels and mailers for inspection purpose when there are grounds for deeming that such parcels or mailers contain drugs, pre-substances, additive medicines or centripetalneurotropic medicines;

e. Applying necessary measures to protect denouncers, witnesses and victims in drug-related cases.

2. Individuals, families, agencies and organizations specified at Points d and e Clause 1 this Article shall strictly abide by requests of drug control agencies, if any.

3. Drug control agencies of the Border Guard, Coast Guard and customs authorities shall, as authorized and assigned, take charge and cooperate with the public security force and other relevant agencies in applying necessary measures as regulated by laws to prevent and take against illegal trade and transport of drugs, pre-substances, additive medicines and centripetalneurotropic medicines in the area under their management.

4. The Government shall specify the conditions, procedures, competence and responsibilities for performing and cooperating in performing acts prescribed in Clause 1 and 3 this Article of drug control agencies."

2. Article 25 shall be amended as follows:

"Article 25

The State’s policies on drug detoxification and drug rehabilitation (hereinafter referred to as “drug rehabilitation”) consist of the following acts:

1. Imposing drug rehabilitation measures on drug-dependent persons and encouraging them to voluntarily participate in rehabilitation programs;

2. Organizing compulsory drug rehabilitation centers;

3. Encouraging individuals, families, agencies and organizations to take voluntary drug rehabilitation measures for the drug-dependent persons, providing assistance in drug rehabilitation, post- rehabilitation supervision and relapse prevention; studying, producing and applying medications and methods for drug rehabilitation;

4. Providing funding for drug rehabilitation, post- rehabilitation supervision and relapse prevention;

5. Domestic and foreign organizations and individuals shall assist and invest in drug rehabilitation, post- rehabilitation supervision and relapse prevention subject to incentive policies as regulated by laws."

3. Article 26 shall be amended as follows:

"Article 26

1. A drug-dependent person is required to:

a. declare by himself/herself the state of drug dependence to the agencies or organizations where he/she has worked or People’s Committees of communes or commune-level towns (hereinafter referred to as "commune-level People's Committees”) of his/her residence place and register the form of drug rehabilitation;

b. strictly comply with regulations on drug rehabilitation.

2. The family of a drug-dependent person is required to:

a. report the member diagnosed with drug dependence to the commune-level People's Committee and register the form of drug rehabilitation for such member;

b. encourage, assist and manage the drug-dependent person to participate in home-based or community-based drug rehabilitation under the guidance and supervision of medical workers and commune-level People’s Committee;

c. monitor, supervise, prevent or keep the drug-dependent person from illegally using narcotic substances or committing acts of disturbing social order and safety;

d. assist the competent authority in sending the drug-dependent person to the drug rehabilitation center and contribute funds for drug rehabilitation under law provisions.

3. Commune-level People’s Committees shall enable drug-dependent persons and their families to declare the drug dependence and register the form of drug rehabilitation”.

4. Article 26a below shall be added after Article 26:

"Article 26a

1. Drug rehabilitation measures consist of:

a. Voluntary drug rehabilitation;

b. Compulsory drug rehabilitation;

2. Forms of drug rehabilitation consist of:

a. Home-based drug rehabilitation;

b. Community-based drug rehabilitation;

c. Drug rehabilitation in drug rehabilitation centers”.

5. Article 27 shall be amended as follows:

"Article 27

1. Home-based drug rehabilitation and community-based drug rehabilitation shall apply to drug-dependent persons who voluntarily participate in rehabilitation programs, except for those voluntarily participate in rehabilitation programs in drug rehabilitation centers.

In case the drug-dependent person fails to voluntarily participate in rehabilitation programs, compulsory community-base drug rehabilitation shall apply as decided by the Chairperson of commune-level People's Committee.

2. The duration of home-based drug rehabilitation or community-based drug rehabilitation shall be from 6 to 12 months.

3. Commune-level Committees shall organize community-based drug rehabilitation and provide guidelines for and assistance in home-based drug rehabilitation.

4. The Government shall specify the organization of home-based drug rehabilitation, community-based drug rehabilitation and procedures for forcing community-based rehabilitation.”

6. Article 31 shall be amended as follows:

"Article 31

1. The State shall apply appropriate drug rehabilitation methods for drug-dependent persons who are detainees, prisoners or trainees of educational institutions or students of reform schools. Supervisory authorities of the aforesaid institutions shall closely cooperate with local medical facilities in observing this regulation.

2. Prison wardens, wardens of detention centers, directors of educational institutions and principles of reform schools must notify commune-level People’s Committees of drug rehabilitation by drug-dependent persons specified in Clause 1 this Article when they return to their residence”.

7. Article 32a below shall be added after Article 32:

"Article 32a

The person who commits a crime during compulsory rehabilitation shall be force into rehabilitation after serving the imprisonment sentence if the length of such sentence is shorter than that of the rehabilitation program; in case such person is given a community sentence or a suspended imprisonment sentence, he/she will be force into rehabilitation”.

8. Article 33 shall be amended as follows:

"Article 33

1. Drug-dependent persons shall stay under post- rehabilitation supervision for 1- 2 years in one of the following forms after release from a compulsory rehabilitation center:

a. Home-based supervision organized by commune-level People's Committee applied to persons not specified in Point b this Clause;

b. Supervision at a post-rehabilitation center applied to persons facing high risks of relapse.

2. Post- rehabilitation supervision shall include:

a. Management of, guidance on and assistance in relapse prevention; assistance in vocational learning, job seeking and participation in social events with the aim of community integration given to the persons under home-based supervision.

b. Management, advice, education, vocational training, production promotion and preparation for community integration given to the persons under supervision in a post-rehabilitation center.

3. Persons who are supervised in a post- rehabilitation center shall participate in production to enjoy the fruits of their labor under the Government’s regulations.

4. The head of the post- rehabilitation center shall issue a hunting decision if the person under supervision in such center makes an escape; the public security force shall cooperate with such center in finding and taking such person back to the post- rehabilitation center.

5. The post-rehabilitation center shall respect the honor, human dignity, life, health and property of the person under supervision.

6. The person who have stayed under post- rehabilitation supervision specified in Point b Clause 1 this Article shall be received and given conditions for vocational training, job seeking, loan requesting and participation in social events by commune-level People’s Committees of their residence place and their families so that they can integrate into the community and prevent relapse.

7. The Government shall specify criteria for determining persons facing a high risk of relapse specified in Point b Clause 1 this Article; competence to issue decisions, procedures for attending post- rehabilitation centers; supervision regime and support policies intended for the persons giving up their drug dependence; organization and operation of post-rehabilitation centers”.

9. Article 34a below shall be added after Article 34:

"Article 34a

1. Intervention measure to reduce harmful effects of drug dependence means measure taken to mitigate the damaging effects related to drug use by the drug-dependent persons on themselves, families and community.

2. Intervention measures to reduce harmful effects of drug dependence shall be taken among groups of drug-dependent persons through programs and projects suitable for socio-economic conditions.

3. The Government shall specify intervention measures to mitigate harmful effects of drug dependence and adopt such measures".

10. Clause 1 Article 35 shall be amended as follows:

“1. Funding for building material facilities, organizing drug rehabilitation, post-rehabilitation supervision and relapse prevention specified in Article 27, 28, 29, 31, 33 and 33 hereof shall include:

a. State budget;

b. Contributions from participants in rehabilitation programs and their families;

c. Fundings from domestic and foreign organizations and individuals”.

11. Article 38a and 38b below shall be added after Article 38:

"Article 38a

The Ministry of National Defense shall:

1. prepare and implement plans for prevention and fight against drugs in land borders, maritime borders, contiguous zone, exclusive economic zone and continental shelf;

2. cooperate with relevant agencies of other countries in detecting and preventing illegal trade and transport of drugs, pre-substances, addictive medicines and centripetalneurotropic medicines through the border under provisions hereof and other relevant law provisions;

3. provide training for employees in charge of prevention and fight against drug-related crimes of the Border Guard and Coast Guard force".

"Article 38b

The Ministry of Finance shall:

1. instruct customs authorities to perform drug prevention and fight in compliance with provisions hereof and other relevant law provisions;

2. take charge and cooperate with other ministries and local government authorities in making estimates of funding for drug prevention and fight sent to competent authorities for approval purpose and take actions as per law provisions”.

12. Article 39 shall be amended as follows:

"Article 39

The Ministry of Labor, War Invalids and Social Affairs shall:

1. develop and implement strategies, policies and plans for organization of drug rehabilitation and post- rehabilitation supervision; provide guidelines for drug rehabilitation and post-rehabilitation supervision and handling of post- rehabilitation social problems;

2. organize operational structure, provide training for employees in charge of drug rehabilitation and post-rehabilitation supervision and handling of post- rehabilitation social problems;

3. take charge and cooperate with relevant agencies and organizations and local government authorities in providing guidelines for operation of drug rehabilitation centers and post-rehabilitation centers; provide vocational training, create jobs, give advices and assistance and create mental and material conditions to help persons who have given up their drug dependence to integrate into community and prevent relapse;

4. make statistical reports and assessment of drug rehabilitation, post-rehabilitation supervision and handle post-rehabilitation social problems;

5. provide guidelines for foundation and dissolution of compulsory drug rehabilitation centers and post- rehabilitation centers; issue and revoke operation license of other drug rehabilitation centers;

6. cooperate with international entities in drug rehabilitation and handling of post-rehabilitation social problems”.

13. Clause 1 Article 40 shall be amended as follows:

“1. The Ministry of Health shall:

a. promulgate lists and regulations on management of addictive medicines, centripetalneurotropic medicines and pre-substances used in healthcare services and organize the implementation of such regulations; promulgate and take initiative in cooperating with relevant agencies in organizing implementation of regulations on management of narcotic substances used in healthcare services, analysis, testing and scientific research;

b. stipulate the study on drug rehabilitation medications and methods; issue and revoke licenses for circulation of drug rehabilitation medications or methods; provide guidelines on procedures for drug dependence diagnosis; provide human and medical supports for drug rehabilitation;

c. cooperate with international entities in control of addictive medicines, pre-substances and entripetalneurotropic medicines used in healthcare services, analysis, testing and scientific research;

d. instruct medical facilities to cooperate with others in testing, diagnosing drug-dependent persons and apply drug rehabilitation measures in communes".

14. Article 42a below shall be added after Article 42:

"Article 42a

The Ministry of Information and Communications, Ministry of Culture, Sports and Tourism shall instruct relevant agencies in communication, dissemination and training of drug prevention and fight".

15. Article 43 shall be amended as follows:

"Article 43

The Ministry of Agriculture and Rural Development shall take charge and cooperate with Committee of Ethnic Affairs and relevant entities in dissemination, education and organization of elimination of plants containing narcotic substances; run support programs for shifting production in an efficient manner and build stable livelihoods for people”.

Article 2.

1. The phrase “Bộ Công nghiệp” (“Ministry of Industry”) in Clause 1 and 2 Article 41 shall be replace by the phrase “Bộ Công thương” (“Ministry of Industry and Trade”) and the phrase “chính quyền cơ sở” (“local authorities") in Clause 1 Article 53 of the Law on Drug Prevention and Fight shall be replace by the phrase “Ủy ban nhân dân cấp xã” (commune-level People’s Committees).

2. Article 44 of the Law on Drug Prevention and Fight shall be annulled.

Article 3. This Law comes into force from January 01, 2009.

This Law is passed by the 7^th National Assembly of the Socialist Republic of Vietnam in the 3^rd meeting held in June 03, 2008.

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