Chapter II
ELIGIBLE HEALTHCARE FACILITIES; APPLICATIONS AND PROCEDURES FOR NARCOTIC SUBSTANCE DEPENDENCE DIAGNOSIS
Article 3. Eligible healthcare facilities
An eligible healthcare facility shall satisfy the following conditions:
1. It is a medical examination and treatment establishment having a medical license that permits internal medicine or psychiatry, drug addiction treatment or opiate substitution therapy; a forensic psychiatric facility.
2. Doctors who make diagnosis of narcotic substance dependence have medical licenses for medical examination and treatment in psychiatry, general, internal or traditional medicine. The doctors who have medical licenses for medical examination and treatment in general or internal or traditional medicine shall also get certificates of completion of training courses on diagnosis of narcotic substance dependence issued by a certified training facility.
3. Facilities and equipment shall be adequate for narcotic substance dependence diagnosis in accordance with the organization and scope of professional activities of the ward prescribed in Clause 1 of this Article.
Article 4. The applications and procedures for narcotic substance dependence diagnosis for persons wishing to have their narcotic substance dependence diagnosed.
1. The application for diagnosis of narcotic substance dependence includes:
a) The application form for diagnosis of narcotic substance dependence according to the Form No. 01 prescribed in Appendix issued together with this Decree (hereinafter referred to as “Application form”). In case the applicant is under 18, incapacitated, has limited legal capacity or has difficulty in cognition or behavior control, it is mandatory to have the consensus of his/her parents, guardian or legal representative;
b) The medical record according to the law on medical examination and treatment
c) The narcotic substance dependence test result form according to the Form No. 04 prescribed in Appendix issued together with this Decree (hereinafter referred to as “Test Result Form”)
2. The procedures for narcotic substance dependence diagnosis include:
a) The person wishing to have his/her narcotic substance dependence diagnosed shall submit the application form and submit to the healthcare facility one of the following papers: valid identity card, citizen identification card, passport or other papers with photo and personal information issued by competent state authority;
b) The healthcare facility shall receive the application form and the patient, verify personal information and prepare the medical record.
c) The healthcare facility shall carry out the diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health;
d) The healthcare facility shall make 02 copies of the Test Result Form according to the form prescribed in Point c Clause 1 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the patient.
Article 5. Applications and procedures for narcotic substance dependence diagnosis for persons subject to administrative detention according to the request for diagnosis of narcotic substance dependence at eligible healthcare facilities.
1. The application for diagnosis of narcotic substance dependence include:
a) An application form for diagnosis of narcotic substance dependence issued by the police authority of the commune, district or province (hereinafter referred to as “police authority”) according to the Form No. 02 prescribed in the Appendix issued together with this Decree;
b) A copy of the drug test result;
c) The test subject’s personal information sheet according to Form No. 03 specified in the Appendix issued together with this Decree;
d) A copy of decision on administrative detention;
dd) The medical record according to the law on medical examination and treatment;
e) The drug test result according to the Form No. 05 prescribed in the Appendix issued together with this Decree.
2. The procedures for diagnosis of narcotic substance dependence:
a) The police authority shall send the application including: an application form, a copy of the drug test result, a test subject’s personal information sheet, a copy of decision on detention according to administrative procedure to the supervisory authority of the administrative detention center (hereinafter referred to as "detention center");
b) The supervisory authority of the detention center shall transfer immediately the application received from the police authority to detention center;
c) After receiving the application from the police authority, the detention center shall send the application and the test subject to an eligible healthcare facility for diagnosis;
d) The healthcare facility shall prepare the medical record and carry out diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the detention center shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;
dd) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 2 copies of the Test Result Form and submit them to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.
Article 6. Applications and procedures for mandatory narcotic substance dependence diagnosis for persons being held in administrative detention center without eligible healthcare facilities
1. Narcotic substance dependence diagnosis application shall be carried out according to Clause 1 Article 5 of this Decree.
2. The procedures for diagnosis of narcotic substance dependence include:
a) The police authority shall send application including: an application form, a copy of the drug test result, a test subject’s personal information sheet, a copy of decision on detention according to administrative procedure to eligible healthcare facility assigned diagnosis of narcotic substance dependence in the area by competent authority;
b) Within 24 hours after receiving the application from the police authority, the healthcare facility shall have responsibility to send medical staff to the detention center in order to carry out the diagnosis task;
c) The healthcare facility shall prepare the medical record and carry out diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the detention center shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;
d) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 2 copies of the Test Result Form and submit them to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 Article 5 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.
Article 7. Applications and procedures for narcotic substance dependence diagnosis for persons ineligible for administrative detention prescribed in Point b Clause 2 Article 2 of this Decree
1. Narcotic substance dependence diagnosis application shall include Points a, b, c, dd and e Clause 1 Article 5 of this Decree.
2. Procedures for narcotic substance dependence diagnosis in case a location is an eligible healthcare facility, including:
a) The police authority shall send application including: an application form, a copy of the drug test result, a test subject’s personal information sheet and the test subject to an eligible healthcare facility for diagnosis;
b) The healthcare facility shall prepare the medical record and carry out diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the police authority which sent the application shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;
c) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 02 copies of the drug test result and submit to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 Article 5 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.
3. Procedures for narcotic substance dependence diagnosis in case a location is selected by the healthcare facility under agreement with the police authority:
a) The police authority shall send application including: an application form, a copy of the drug test result, a test subject’s personal information sheet to an eligible healthcare facility;
b) Within 24 hours after receiving the application from the police authority, the healthcare facility shall have responsibility to send medical staff to the selected location in order to carry out the diagnosis task;
c) The healthcare facility shall prepare medical record and carry out the diagnosis of narcotic substance dependence according to the professional guidance of the Ministry of Health; the police authority which sent the application shall have responsibility to coordinate with the healthcare facility and ensure security and safety in the whole process of diagnosis of narcotic substance dependence;
d) After completing the process of narcotic substance dependence diagnosis, the healthcare facility shall make 02 copies of the drug test result and submit to head of the healthcare facility to get approval according to the form prescribed in Point e Clause 1 Article 5 of this Article; 01 copy shall be retained by the healthcare facility and 01 copy shall be given to the police authority.
Article 8. Administration and storage of applications for diagnosis of narcotic substance dependence
Administration and preservation of applications prescribed in Articles 4, 5, 6 and 7 of this Decree shall comply with regulations of law on medical examination and treatment.
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