Chương II Nghị định 105/2021/NĐ-CP hướng dẫn Luật Phòng, chống ma túy: Phối hợp của các cơ quan chuyên trách phòng, chống tội phạm về ma túy

Chapter II

COOPERATION OF DRUG-RELATED CRIME PREVENTING AUTHORITIES

Article 5. Drug-related crime preventing authorities

1. Drug-related crime preventing authorities affiliated to the People’s police include: Investigation Police Department for Drug Crimes, Ministry of Public Security; Investigation Police Departments for Drug Crimes of provinces and central-affiliated cities; Investigation Police Teams for Drug Crimes (or Teams specializing in investigating drug crimes) of police authorities of districts, district-level towns, provinces, and central-affiliated cities.

2. Drug-related crime preventing authorities affiliated to the Border Guard include: Department of Drug and Crime Prevention and Control; Task Force Commissions for Drug and Crime Prevention and Control, Command of Border Guard, Ministry of National Defense; Department of Drug and Crime Prevention and Control (Drug and Crime Prevent and Control Authority), Task Forces for Drug and Crime Prevention and Control affiliated to Commands of Border Guard of provinces and cities; Drug and Crime Prevention and Control Forces affiliated to Border Guard Stations (Command of Port Border Guard); Naval Border Guard Squadrons

3. Drug-related crime preventing authorities affiliated to Vietnam Coast Guard include: Department of Operations and Legislation, Task Force Commissions for Drug and Crime Prevention and Control, Command of Vietnam Coast Guard, Ministry of Defense; Department of Drug and Crime Prevention and Control affiliated to Coast Guard.

4. Drug-related crime preventing authorities affiliated to Customs include: Anti-smuggling and Investigation Department affiliated to the General Department of Customs, Ministry of Finance; Drug Prevention and Control Teams (or Customs Control Teams) affiliated to Customs Departments of provinces, multi-provinces, and cities; Narcotic Substance Control Group affiliated to Customs Sub-departments of border checkpoints.

Article 6. Cooperation in leading

1. Drug-related crime preventing authorities must cooperate in conducting research, producing reports, consulting competent authority about policies and solutions for promoting cooperation in prevention and control of drug-related crimes.

2. Propose amendment and addition to policies and regulations when new issues regarding prevention and control of drug-related crimes arise within their competent or report to competent authority in order to do so in order to satisfy state management requirements regarding narcotic substance prevention and control.

3. Cooperate in implementing and organizing effective implementation of tasks within the sector.

Article 7. Cooperation in informing and mobilizing the general public

Drug-related crime preventing authorities shall exchange and discuss in order to consult governments of all levels to publicize and raise awareness of the general public about regulations on narcotic substance prevention and control, methods of operation of drug-related criminals, consequences and impact of narcotic substances; compose documents, develop and implement plans for publicizing and mobilizing the general public to prevent, seek, inform, and fight against drug-related crimes and criminals.

Article 8. Cooperation in exchanging information

1. Information and documents to be exchanged between drug-related crime preventing authorities include:

a) Situation of worldwide drug-related crimes; policies and regulations of other countries regarding narcotic substances; information on drug-related crimes related to Vietnam exchanged between countries and international organizations; situation of drug-related crimes in border areas, border checkpoints, and at sea.

b) Results of drug-related crime prevention and control of each entity; processing results of intelligence, information on drug-related crimes in border areas; forecast about trend and situation of drug-related crimes; methods, schemes, and rules of operation of offenders; key organizations, supply chains, groups, and areas; individuals wanted for drug-related crimes;

c) Procedures for operation, experience, and solutions for dealing with difficulties in preventing and controlling drug-related crimes of drug-related crime preventing authorities;

d) Scientific, technological, and technological advances that can be applied to prevention and control of drug-related crimes;

dd) New types of narcotic substances and new legislative documents on preventing and controlling drug-related crimes;

e) Other information and documents on demand.

2. Drug-related crime preventing authorities affiliated to the People’s police, Border guards, Vietnam Coast Guard, and Customs are responsible for promptly informing and sharing information, documents on activities of drug-related crimes related to the areas under management of other entities in order to cooperate in execution.

Article 9. Cooperation in executing operational measures

1. Drug-related crime preventing authorities shall cooperate in organizing forces, methods, and adopting operational measures in order to prevent, control drug-related crime, and exchange operational affairs to serve investigation and resolution of the case.

2. Drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs shall cooperate with drug-related crime preventing authorities affiliated to the People’s police of the same levels in implementing operational measures in areas under their management.

a) In key areas and areas with complicated drug issues, drug-related crime preventing authorities affiliated to the People’s police shall cooperate with drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs in developing plans for implementing operational measures;

b) When requested by drug-related crime preventing authorities affiliated to the People’s police to cooperate in conducting reconnaissance in border areas, checkpoints, and at sea, drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs are responsible for cooperating in exchanging information and assisting implementation;

c) When drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs implement operational measures to prevent and control drug-related crimes in border areas, checkpoints, and at sea, drug-related crime preventing authorities of the People’s police are responsible for cooperating in exchanging information and providing assistance.

Article 10. Cooperation in pursuing major cases, investigating and handling specific cases, matters

1. Drug-related crime preventing authorities shall cooperate in establishing and resolving major cases as follows:

a) For drug-related major cases handled by drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs and involving entities in domestic areas, drug-related crime preventing authorities affiliated to the People’s police shall actively cooperate, comply with request, and promptly receive documents and exhibits to conduct investigation as per the law;

b) For drug-related major cases handled by drug-related crime preventing authorities affiliated to the People’s police and involving entities in border areas, checkpoints, and at sea, drug-related crime preventing authorities affiliated to the Border Guard, Coast Guard, and Customs shall cooperate and comply with request;

c) For complicated drug-related major cases involving entities which are related to multiple provinces and operate beyond a country’s border, agencies shall establish a commission of investigation for investigation. The drug-related crime preventing authority that discovers the drug-related crimes shall host together with drug-related crime preventing authorities affiliated to the People’s police while the other agencies shall cooperate; the immediate superior of entity that establishes the major case shall have the power to establish the commission of investigation; establish Major case Steering committee with the police authority acting as the director of the Steering committee and the Border Guard, Vietnam Coast Guard, and Customs as the members; the Major case Steering committee shall be the immediate superior to the commission of investigation;

d) If drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs, within their jurisdiction, discover information and documents that serve as the basis for establishing major cases, they shall take charge and cooperate with other drug-related crime preventing authorities in establishing the major cases.

2. Drug-related crime preventing authorities shall cooperate during investigation and imposing penalties for drug violations as per the law.

a) When drug-related crime preventing authorities affiliated to the People’s police request operational measures serving investigation of drug-related crimes in border area, checkpoints, and/or at sea, the respective drug-related crime preventing authorities are responsible for cooperating and facilitating the drug-related crime preventing authorities affiliated to the People’s police;

b) Drug-related crime preventing authorities affiliated to the People’s police are responsible for assisting and enabling drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs when these entities request cooperation in investigating and dealing with drug-related crimes and violations;

Upon receiving request of drug-related crime preventing authorities affiliated to the Border Guard, Vietnam Coast Guard, and Customs for cooperation in pursuing subjects, searching for vehicles and exhibits relating to drug-related crimes and violations in border areas, checkpoints or at sea, drug-related crime preventing authorities affiliated to the People’s police are responsible for immediately dispatching forces for apprehension and search. Upon apprehending the suspects, vehicles, and/or exhibits, immediately and notify and transfer documents on the suspects, vehicles, and exhibits to the requesting authority for further investigation as per the law;

c) Once the investigation concludes, entities shall notify each other of cooperation results and organize final experience-learning conclusion.

3. If necessary, drug-related crime preventing authorities shall take charge and propose establishment of Interdisciplinary Task Forces; other drug-related crime preventing authorities shall assign officials to participate. The task groups shall be automatically dissolved once the task is completed.

Article 11. Other cooperation affairs

1. Drug-related crime preventing authorities, within their tasks, functions, and powers, are responsible for cooperating and assisting each other in the training for prevention and control of drug-related crimes; cooperate in implementation or request competent authority to consider commending individuals and entities having exceptional achievements in cooperation in prevention and control of drug-related crimes.

2. Cooperate in performing international cooperation in prevention and control of drug-related crimes.

Article 12. Forms of cooperation

1. Exchange, provide information, documents, and situation relating to cooperation between drug-related crime preventing authorities via face-to-face meeting, means of communication and sending documents, etc.

2. Execute plans for publicizing and mobilizing the general public to participate in preventing and controlling narcotic substances.

3. Carry out interdisciplinary patrols; develop and implement operational plans, establish common major cases, cooperate in fighting drug-related crimes in key areas.

4. Organize periodic meetings, conferences, seminars, and discussions regarding issues in cooperation between authorities.

5. Organize classes for teaching, training, and improving drug-related crime prevention and control operations.

6. Produce periodic or irregular reports; organize operational transfer, preliminary conclusions, and final conclusions regarding cooperation according to this Decree.

Article 13. Duty transfer, report, and statistical report policies

1. Duty transfer policies

a) Drug-related crime preventing authorities shall perform periodic duty transfer as follows:

In central government: Take turn hosting duty transfer meeting once a year.

In provincial government: Take turn hosting duty transfer meeting once every 6 months.

b) After each periodic duty transfer meeting, entities shall submit reports on the meeting results to their immediate superior and inform their affiliated entities for implementation;

c) In case of being requested irregularly or in case of complicated situations, drug-related crime preventing authorities must actively inform each other using appropriate methods such as irregular meetings, means of communication, guard duty, commander duty.

2. Reports and statistical reports

Once every 6 months or once every year, drug-related crime preventing authorities shall submit reports on situation, results, and figures regarding cooperation between drug-related crime preventing authorities to their immediate superior. Regarding major cases, cases, and matters involving drug-related violations handled by cooperation between entities, the presiding entities are responsible for producing initial statistical reports and informing cooperating entities.

Central drug-related crime preventing authorities are responsible for consolidating general reports and submit to the Ministry of Public Security.

Report submission date and figure collection date shall conform to regulations of the Government on reporting policies of government administrative agencies.