Circular No. 04/2013/TT-BCA stipulates the prevention, detection, and handling of illegal drug use by members of the People's Public Security Force.

CIRCULAR

Regulations on preventing, detecting, and handling the illegal use of drugs in the People's Public Security Force

narcotics in the People's Public Security Force

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Pursuant to the Law on Prevention and Control of Drugs dated December 9, 2000;

Pursuant to the Public Security Law dated November 29, 2005;

Based on Decree No. 77/2009/NĐ-CP dated September 15, 2009, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the General Director of the General Department for Building the Public Security Force;

The Minister of Public Security issues this Circular regulating the prevention, detection, and handling of the illegal use of drugs in the People's Public Security Force,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular sets forth principles, methods, responsibilities, and authorities of public security units and localities, and officers and soldiers of the People's Public Security Force in preventing, detecting, and handling the illegal use of drugs in the People's Public Security Force.

Article 2. Applicability

This Circular applies to public security units and localities; candidates for recruitment into the People's Public Security Force; officers, non-commissioned officers, soldiers, workers, civil servants, students, and contractual employees in the People's Public Security Force.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Recruitment into the People's Public Security Force includes: Admissions, recruitment of citizens into the People's Public Security Force, recruitment of citizens for temporary service in the People's Public Security Force, and signing labor contracts within the People's Public Security Force.

2. Transfer out of the People's Public Security Force includes: Transfer to another department, discharge from military service, revocation of the title of People's Public Security Officer, and dismissal.

3. Drugs refer to addictive substances and psychotropic substances listed in the directories issued by the Government.

4. Illegal use of drugs refers to actions where an individual or through others illegally introduces drugs into their body in forms such as smoking, inhaling, drinking, injecting, or administering drugs to satisfy drug usage needs.

Article 4. Principles in Prevention, Detection, and Handling

1. Preventing, detecting, and handling the illegal use of drugs in the People's Public Security Force is the responsibility of each officer and soldier of the public security force and the responsibility of the heads of public security units at all levels; it must be carried out proactively, regularly, promptly, ensuring objectivity, scientific accuracy, and not causing complications internally, affecting the reputation of the public security force.

2. Officers and soldiers of the public security force who have grounds to suspect illegal use of drugs must be investigated, concluded, and dealt with.

3. Strictly prohibit any interference in the handling of officers and soldiers using drugs illegally or organizing for officers and soldiers undergoing rehabilitation to remain in work within the People's Public Security Force. Units and localities that cover up violations by officers and soldiers of the public security force or handle them improperly according to this regulation will be subject to disciplinary action under the regulations of the Ministry.

4. Do not recruit into the People's Public Security Force individuals who use drugs illegally and transfer out of the People's Public Security Force officers and soldiers who use drugs illegally.

Chapter II

SPECIFIC PROVISIONS

Article 5. Responsibilities of Officers and Soldiers of the People's Public Security Force

1. Must strengthen study and training in moral character and lifestyle; must not use drugs illegally; must not associate with individuals involved in buying, transporting, organizing the use, storing, and using drugs illegally, except for activities regulated by law and when performing duties or work requirements.

2. Must report to the head of their unit or personnel organization when they themselves use drugs illegally or when they detect other officers or soldiers using drugs illegally.

3. Must comply with and fully implement the requirements of competent agencies in collecting samples for forensic examination of illegal drug use.

Article 6. Responsibilities of Local Police Units

1. Heads of public security units at all levels and within the People's Public Security Force must strengthen propaganda and education for officers and soldiers about the harms of drugs, prohibiting illegal drug use; must strengthen monitoring, management, and timely detection of officers and soldiers showing signs of illegal drug use or associating with individuals involved in buying, transporting, organizing the use, storing, and using drugs illegally. Strictly deal with violators according to the regulations of the Ministry.

2. Timely organize sample collection and forensic examination for cases where officers and soldiers have grounds to be suspected of illegal drug use as stipulated in Article 7 of this Circular.

3. Results of handling officers and soldiers of the public security force who use drugs illegally, public security units and localities must report to the Ministry (through the General Department for Building the Public Security Force) for consolidation and tracking.

Article 7. Situations requiring organization of forensic examination

Officers, soldiers within the establishment; non-commissioned officers, limited-term service personnel, and students at People's Public Security schools, if involved in any of the following tasks and there is evidence to determine the illegal use of narcotics, must be organized for forensic examination: management of officers; investigation and reconnaissance activities of specialized units; public complaints; immunological screening tests (using test kits).

Article 8. Situations not requiring organization of forensic examination

1. If officers and soldiers of the police voluntarily admit to using narcotics illegally, no forensic examination will be organized and it shall be handled according to the provisions of Article 13 of this Circular.

2. In cases where individuals are recruited into the People's Public Security, temporary recruits, and those who have signed labor contracts, if they undergo testing with positive results for narcotics, no forensic examination will be organized and it shall be handled according to the provisions of Points d and e, Clause 1, Article 13 of this Circular.

Article 9. Methods and principles for collecting samples for forensic examination

1. The method of forensic examination is gas chromatography.

2. Urine samples are collected in two 50ml bottles (each bottle must contain at least 2/3 full), stored at temperatures between 0°C and 10°C (in a refrigerator or kept on ice in a styrofoam box). Plastic containers and rubber stoppers should not be used when collecting urine samples.

Samples must be coded and sealed, without directly recording the name and workplace of the officer or soldier from whom the sample is taken to ensure objectivity during the request for forensic examination.

3. Collection of samples for forensic examination must be sudden, secret, and unexpected for the officers and soldiers from whom the samples are taken to avoid confrontation.

Article 10. Collection of samples and request for forensic examination

1. When local public security units have officers and soldiers who need to be organized for forensic examination regarding illegal use of narcotics, the force-building agency shall propose to the competent authority as stipulated in Clause 2 of this Article to issue a decision establishing a Working Group to collect samples for forensic examination and request forensic examination from specialized agencies (a model decision is attached).

2. Authority to decide on the establishment of the Working Group:

a) For units under the Ministry, the head of the unit decides to establish the Working Group.

b) For units under the General Corps, the head of the force-building agency of the General Corps (General Staff Bureau; Political Bureau; General Staff Bureau, Political Bureau or Political Bureau, Logistics Bureau) decides to establish the Working Group.

c) For academies and schools of the People's Public Security, the director or principal decides to establish the Working Group.

d) For provincial and municipal public security services and provincial and municipal fire prevention and firefighting departments under the central government, the director of the provincial and municipal public security services and the director of the provincial and municipal fire prevention and firefighting departments under the central government decide to establish the Working Group.

3. Composition of the Working Group includes:

a) Head of the Organization and Cadre Department or Force Building Department - Team Leader;

b) Representative of the leadership of the unit with officers and soldiers whose samples need to be collected for forensic examination - Deputy Team Leader;

c) Representative of the health agency - Member. For units under the Ministry and units under the General Corps without a health agency, members can be borrowed from the Health Department of the Ministry, the Management Bureau, and the General Logistics and Technical Corps;

d) Representative of the Criminal Technical Investigation Department (for provincial and municipal public security services under the central government) - Member.

4. The Working Group is responsible for organizing the collection of samples, preparing records, sealing the collected samples, and organizing forensic examination by specialized agencies.

Article 11. Appraisal Authorities

1. Public Security units and localities shall request appraisal at one of the following authorities:

a) Institute of Criminal Science, Ministry of Public Security.

b) Criminal Technical Investigation Departments of Public Security Departments of provinces and centrally governed cities (for those Departments equipped with technical means for appraisal).

2. In addition to organizing appraisals and providing results of appraisals requested by Public Security units and localities, the Institute of Criminal Science, Ministry of Public Security shall also be responsible for guiding and supporting Criminal Technical Investigation Departments of Public Security Departments of provinces and centrally governed cities on the use of drug testing equipment using gas chromatography methods during sample collection and appraisal; issuing sample collection and appraisal forms (sample collection record, sealing form, appraisal request decision form, appraisal conclusion...).

Article 12. Appraisal Expenses

1. Appraisal expenses, testing of officers and soldiers within the establishment; non-commissioned officers and soldiers serving with a fixed term; candidates, temporary recruits, and individuals who have signed labor contracts in the People's Public Security Force for the misuse of drugs shall be funded from the state budget by Public Security units and localities.

2. The Institute of Criminal Science, Ministry of Public Security shall base actual appraisal costs, report to the Ministry for approval of expense levels for various types of appraisals, and notify Public Security units and localities to implement them.

Article 13. Handling Cases of Illicit Drug Use

1. Public Security units and localities shall base on appraisal results, regulations on assigning responsibilities between different levels of Public Security regarding organizational and personnel work of the People's Public Security Force, and regulations on disciplining officers and soldiers of the People's Public Security Force to issue decisions or propose competent authorities to decide on handling measures:

a) For officers and soldiers within the establishment of the People's Public Security Force, based on the degree of violation, work history, and family circumstances, disciplinary actions shall be taken, and they shall be transferred out of the People's Public Security Force.

b) Revocation of the title of People's Public Security Officer for non-commissioned officers and soldiers serving with a fixed term in the People's Public Security Force.

c) Compulsory withdrawal from studies for students of public security academies and schools.

d) Termination of employment contracts for contractual workers in the People's Public Security Force.

đ) Not recruiting into the People's Public Security Force or revoking temporary recruitment decisions for individuals currently undergoing temporary recruitment into the People's Public Security Force.

2. Public Security units and localities where officers and soldiers are disciplined and transferred out of the People's Public Security Force due to illicit drug use must inform the local authorities where these officers and soldiers reside so that they can manage and organize rehabilitation (for cases of addiction) according to the provisions of the law.

Article 14. Handling Complaints

1. When there are complaints about conclusions or handling of illicit drug use by officers and soldiers in the People's Public Security Force, the force-building agencies of subordinate units under the Ministry; General Corps; public security academies and schools; Public Security Departments of provinces and centrally governed cities; and Fire Prevention and Fighting Departments of provinces and centrally governed cities shall be responsible for reviewing and reporting to competent authorities to resolve the complaints according to the law on handling complaints.

2. If the first sample collection and appraisal request comply with the provisions of Articles 9, 10, and 11 of this Circular, then no further sampling or appraisal requests will be made.

3. If the first sample collection and appraisal request do not comply with the provisions of Articles 9, 10, or 11 of this Circular, then another sample collection and appraisal request shall be made. The procedures and formalities for the second sample collection and appraisal request shall be carried out according to the provisions of Articles 9, 10, 11, and 12 of this Circular.

Chapter III

IMPLEMENTATION

Article 15. Effective Date

This Circular takes effect from March 1, 2013, and replaces Decision No. 05/2005/QĐ-BCA(X18) dated January 6, 2005, issued by the Minister of Public Security, regulating the prevention, detection, and handling of officers, soldiers, workers, and students of public security institutions misusing drugs.

Article 16. Implementation Organization

1. The Director-General of the General Corps, heads of subordinate units under the Ministry, directors of Public Security Departments, and Fire Prevention and Fighting Departments of provinces and centrally governed cities shall be responsible for disseminating this Circular to officers and soldiers and organizing its implementation.

2. The General Corps for Building the People's Public Security Force shall be responsible for assisting the Minister in supervising, guiding, and inspecting the implementation of this Circular.

3. During the implementation process, if there are any difficulties, Public Security units and localities shall report to the Ministry (through the General Corps for Building the People's Public Security Force) for consolidation and reporting to the Minister for consideration and decision./.