Chương IV Nghị định 105/2021/NĐ-CP hướng dẫn Luật Phòng, chống ma túy: Quản lý người sử dụng trái phép chất ma túy

Chapter IV

MANAGEMENT OF ILLEGAL DRUG USERS

Article 37. Subjects of management

A subject of management is an individual who illegally uses narcotic substances and are not mentioned under cases of Clause 5 Article 23 of the Law on Narcotic Prevention and Control.

Article 38. Basis for testing individuals having signs of illegal drug use

1. An individual is considered showing sign(s) of illegal drug use on the following basis:

a) Information and accusations of agencies, organizations, or individuals that have been verified by competent authority;

b) Information and documents in cases of violations against the law;

c) The individual showing loss of cognitive or behavioral capacity due to drug use;

d) The individual, their vehicle, or their residence containing trace(s) of narcotic substances or tool, equipment allowing the illegal use of narcotic substances;

dd) The individual operating vehicle and showing sign of stimulant use which is suspected to be narcotic;

e) The individual present in areas where organized illegal drug use, concealment of illegal drug use, or illegal drug use occurs without justifiable reason.

g) The individual confessing to illegally using narcotic substances;

h) The individual discovered to be illegally using narcotic substances;

i) Other basis as per the law.

2. When there is basis suggesting an individual is showing sign of illegally using narcotic substances mentioned under Clause 1 of this Article, capable agencies and individuals entitled to test for narcotic substances in the body mentioned under Clause 2 Article 22 of the Law on Narcotic Prevention and Control shall conduct the test. (Narcotic test results shall conform to Form No. 3 under Appendix attached hereto).

Article 39. Funding for managing illegal drug users

1. Funding for carrying drug test in accordance with Clause 2 Article 38 hereof includes:

a) Costs for drug test equipment;

b) Cost for transferring test subjects to test location;

c) Cost for applying for drug test at specialized agencies (if any).

2. Funding for identifying addiction when addiction of an illegal drug user must be identified in accordance with Clause 8 Article 27 of the Law on Narcotic Substance Prevention and Control includes:

a) Cost for transferring test subjects to test location, costs of meals and accommodations of the test subjects during monitoring period (except for cases where the test subjects are detained and awaiting the drug test);

b) Cost for requesting medical facilities to identify addiction.

3. Costs that are involved during the management of illegal drug users consist of:

a) Costs for transferring illegal drug users and relevant documents to the People’s Committees of communes;

b) Costs for supporting individuals who are not receiving salaries from the budget but are assigned to assist individuals under Point c Clause 2 Article 42 hereof;

4. Fundings under Clauses 1, 2, and 3 of this Article shall be guaranteed by the Government according to applicable budget level and legal funding sources.

People’s Committees of provinces are responsible for requesting the People’s Councils of the same level to allocate funding from local government budget in order to enable authorities to conduct activities under Clauses 1, 2, and 3 of this Article in accordance with regulations and law on state budget.

5. Financing for individuals assigned in accordance with Point b Clause 3 of this Article shall be decided by the People’s Councils of provinces but not lower than 25% of statutory pay rate.

Article 40. Collection of information and documents for preparation of dossiers on illegal drug users

1. When result of the test under Clause 2 Article 38 of hereof is positive, police authority that discovers the illegal drug user are responsible for:

a) verifying residence of the illegal drug user in accordance with Article 41 hereof;

b) notifying the Chairperson of People’s Committee of commune where the illegal drug user resides or where the illegal drug user is discovered using drugs illegally if the illegal drug user does not have stable residence using Form No. 4 under Appendix attached to this Decree.

2. Dossiers on management of illegal drug users consist of the following documents:

a) Decision on adoption of management measures on the illegal drug user using Form No. 7 under Appendix hereof;

b) Summary of personal background of the illegal drug user using Form No. 5 under Appendix hereof; residence verification results;

c) Drug test results using Form No. 3 under Appendix attached hereto;

d) Documents and records regarding the illegal use of narcotic substances; documents on previous illegal use of narcotic substances or detoxification of the offenders (if any);

dd) Report of the illegal drug user prepared using Form No. 6 under the Appendix attached hereto;

e) In case the illegal drug user is mentioned under Clause 1 Article 27 of the Law on Narcotic Substance Prevention and Control, the individual must possess evidence of their narcotic independence.

3. Commune police authority is responsible for assisting the Chairpersons of People’s Committees of communes in collecting documents to prepare dossiers on managing illegal drug users.

Article 41. Verification of residence and document submission

1. Within 3 working days from the date on which an individual is discovered to be illegally using drugs, police authority of areas where the individual is discovered to be illegally using drugs is responsible for verifying residence of the illegal drug users.

For mountainous regions, islands, remote areas, and rural areas where travelling is difficulty, residence verification may last longer but no more than 10 working days from the date on which the individual is discovered to be illegally using drugs.

2. Criteria for identifying a person with stable residence:

a) The person has a stable residence when he/she is living at temporary or permanent residence;

b) If temporary and permanent residence of the person is unidentifiable, stable residence is where the individual currently living according to Clause 1 Article 19 of the Law on Residence for more than 30 days as verified by the chief of commune police.

3. Criteria for identifying a person without stable residence:

a) The individual registers for permanent or temporary residence but is not living at his/her registered permanent or temporary residence as verified by the chief of commune police; his/her whereabouts are unknown to the commune police authority'

b) The family members according to regulations and law on marriage and family that provide information for the authority do not know of the whereabouts of the illegal drug users; police authority also does not know of the whereabouts of the illegal drug users when looking up the National population database, Residence database, residence archives, and citizen identity card archives;

c) The individual lacks both permanent and temporary residence and has been living in current residence for less than 30 days.

4. Residence verification and response for residence verification shall conform to regulations and law on residence and guidelines of Ministry of Public Security.

5. If an illegal drug user has a stable residence, within 3 working days from the date on which verification results are issued, police authority of area where the individuals are discovered to be illegally using drugs must notify and send relevant documents to the Chairperson of People’s Committee of commune where the stable residence of the individual is.

6. If an illegal drug user does not have a stable residence, within 3 working days from the date on which verification results are issued, police authority of area where the individuals are discovered to be illegally using drugs must notify and send relevant documents to the Chairperson of People’s Committee of commune where the individual is discovered to be illegally using drugs.

Article 42. Decision on managing illegal drug users

1. Within 3 working days from the date on which notification regarding illegal drug use and drug test is received, the Chairperson of the People’s Committee where stable residence of the illegal drug user is located or where the illegal drug use is discovered shall issue decision and organize management of the illegal drug user in accordance with Clause 2 and Clause 4 Article 23 of the Law on Narcotic Substance Prevention and Control.

2. Decision on adoption of management measures on illegal drug users shall be prepared using Form No. 7 under the Appendix attached hereto, which specifies:

a) Summary regarding illegal use of narcotic substances; positive drug test results; non-dependence status (if any);

b) Assign commune police authority to produce list of illegal drug users under management of the commune and conduct drug test during management period;

c) Establish a team for managing illegal drug users; a commune police officer shall act as the director; representatives or relatives of the hamlet/neighborhood shall act the vice directors; representatives of households of the illegal drug users, representatives of socio-political organizations (based on personal record of the illegal drug users), and social workers (if any) shall act as members); assign a member to advise, motive, educate, and assist the illegal drug users.

3. Decision on managing illegal drug users comes into effect from the date of signing.

4. 1 copy of the decision on managing illegal drug users shall be stored with dossiers on management of illegal drug users, 1 copy of the decision shall be sent to the individuals under management, 1 copy of the decision shall be sent to the commune police officer that as the director, and 1 copy of the decision shall be sent to the family representatives.

Article 43. Management duration and calculation method thereof

1. The duration of management of an illegal drug user shall be 1 year from the date on which the Chairperson of the People’s Committee of commune issues Decision on management.

2. If the illegal drug user under management is discovered to be illegally using drugs again outside of cases under Clause 5 Article 23 of the Law on Narcotic Substance Prevention and Control during the management duration, the Chairperson of the People’s Committee of commune is entitled to issue a new Decision on managing the illegal drug user which remains effective for 1 year from the date on which the new Decision is issued.

3. If the individuals who are under management change their residence, the management duration shall continue to count from the date on which the individuals move away.

Article 44. Management activities

1. The management aims to prevent illegal drug users from illegally using drugs and violating the laws.

2. Management activities:

a) Perform drug test of illegal drug users during their management duration;

b) Provide advice regarding psychology and attitude of illegal drug users;

c) Educate illegal drug users on regulations and law on narcotic prevention and control, consequences of narcotic substances, other details depending on personal characteristics;

d) Motivate, and assist illegal drug users to participate in community activities, autonomous activities, sports, and movements that are beneficial to society to improve health, soft skills, and prevent violations to regulations and law.

3. For illegal drug users under 18 years of age, guarantee the pursuit of compulsory education and participation of teachers where the illegal drug users pursue education Ho Chi Minh Young Pioneer Organization or Youth Union in the giving of advice, motivation, education, and assistance of the assigned individuals.

Article 45. Drug test during management duration

1. Commune police authority where illegal drug users are managed shall conduct or request competent agencies or individuals to conduct drug test of the illegal drug users during their management duration.

2. The drug test can be conducted irregularly for individuals under management when commune police authority obtains any of the basis under Clause 1 Article 38 hereof.

Article 46. Regulation on drug test

1. For individuals who must undergo drug test, competent agencies and individuals shall invite the individuals to arrive at the test location for testing.

In case the individuals refuse to cooperate in the drug test, police authority shall summon the individuals to the test location for sampling for drug test. Individuals who must undergo drug test must present themselves at request of competent authority.

2. Drug test samples shall be collected via blood, urine, urethral catheter, or other methods.

3. Waiting rooms and sampling locations must be separated for male and female. If separate waiting rooms are not available, prepare separate waiting areas for male and female while sampling rooms must be separate.

The collection of urine samples must be supervised by an officer of the same gender.

4. Sampling (other than urine sampling) of individuals under 18 years of age requires consent of either parent or guardian or legal representative.

Article 47. Management of illegal drug users who move away from their residence

1. At least once a month, commune police authority where the illegal drug users are managed must examine and update residence of the illegal drug users who are under management.

2. When the illegal drug users change their residence, commune police authority where they move to must cooperate with the commune police authority where they move from to verify the information. After conducting verification, commune police authority where the illegal drug users are being managed shall inform their Chairpersons of People’s Communes.

Within 5 working days from the date on which the individuals move to the new residence, the Chairpersons of the People’s Committees where the individuals move from shall send notification and transfer dossiers on management of illegal drug users using Form No. 8 under Appendix attached hereto to the Chairpersons of the People’s Committees where the individuals move to for further management.

3. Commune police authority is responsible for regularly updating residence of the illegal drug users in the residence database and national population database.

Article 48. Suspension and termination of management of illegal drug users

1. The Chairpersons of People’s Committees that are managing illegal drug users shall issue Decisions on suspending management of illegal drug users for cases under Clause 5 Article 23 of the Law on Narcotic Substance Prevention and Control using Form No. 9 under Appendix attached hereto.

2. The Chairpersons of People’s Committees that are managing illegal drug users shall issue Decisions on terminating management of illegal drug users if, by the end of the management duration, the illegal drug users are not illegally using drugs using Form No. 10 under Appendix attached hereto.

3. Within 3 working days from the date on which the Decisions under Clause 1 and Clause 2 of this Article are issued, the Chairpersons of People’s Committees of communes shall send these Decisions to agencies, organizations, and individuals under Point c Clause 2, Clause 4 Article 42 hereof.

Article 49. Management and storage of dossiers on management of illegal drug users

Commune police authority that produces the dossiers is responsible for managing and storing dossiers on illegal drug users in accordance with regulations of Ministry of Public Security.