DECREE NO. 05/2003/NĐ-CP ON INTERNATIONAL COOPERATION IN THE FIELD OF PREVENTION AND COMBATING DRUGS

On international cooperation in the field of preventing and combating drug abuse

 THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Public Security.

DECREE:

Chapter 1

GENERAL PROVISIONS

Article 1. This Decree stipulates the international cooperation in the field of preventing and combating drug abuse by the Government of Vietnam, Ministries, ministerial-level agencies, agencies under the Government, central agencies of political-social organizations, social organizations, People's Committees of provinces and centrally-administered cities (hereinafter referred to collectively as agencies and organizations of Vietnam) with governments and government agencies of other countries, international organizations, and foreign individuals and organizations.

Article 2. International cooperation in the field of preventing and combating drug abuse must comply with the following principles:

1. Respect for independence, sovereignty, territorial integrity, customs and traditions of ethnic groups, mutual benefit, and ensure practical effectiveness based on the laws of Vietnam and relevant countries, multilateral and bilateral international treaties to which Vietnam has signed or acceded.

2. Ensure centralized and unified direction and management.

3. The content and program of cooperation must be based on the Party's guidelines, state laws, taking into account the priority directions and the capacity for cooperation of Vietnamese agencies and organizations as well as those from foreign countries.

3. The content and program of cooperation must be based on the guidelines and policies of the Party, the laws of the State, taking into account the priorities and capacity for cooperation of agencies and organizations of Vietnam as well as those of foreign entities.

4. The establishment, signing, and implementation of international treaties on preventing and combating drug abuse must comply with the provisions of the Ordinance on Signing and Implementing International Treaties and other related legal documents.

Chapter 2

FORMS AND CONTENT OF INTERNATIONAL COOPERATION IN THE FIELD OF PREVENTING AND COMBATING DRUG ABUSE

Article 3. International cooperation in the field of preventing and combating drug abuse shall be carried out through the following forms:

1. Coordination in detecting and preventing violations of laws on preventing and combating drug abuse as prescribed by Vietnamese law and the relevant country's law.

2. Signing multilateral and bilateral international treaties on preventing and combating drug addiction, drug-related crimes, and other illegal acts involving drugs (hereinafter referred to as drug-related offenses).

3. Collecting, researching, exchanging information, and experiences on preventing and combating drug-related offenses.

4. Coordination in training, enhancing, and instructing staff on preventing and combating drug-related offenses for relevant agency and organization personnel.

5. Coordination in organizing conferences and seminars on issues related to preventing and combating drug abuse.

6. Coordination in investigating and handling drug-related crimes involving foreign individuals and organizations in Vietnam and Vietnamese individuals and organizations abroad.

7. Mutual support in material infrastructure, technology, and strengthening legal capacity in anti-drug activities.

Article 4.Based on Vietnamese law and the relevant country's law, multilateral and bilateral international treaties to which Vietnam has signed or acceded, within their respective duties and powers, agencies and organizations of Vietnam may carry out the following activities:

1. Establishing a network of liaison officers on preventing and combating drug abuse in other countries to coordinate activities and ensure rapid and accurate information exchange.

2. Agreeing with relevant authorities of another country to implement requests for transferring controlled goods based on international treaties to which Vietnam has signed or acceded to detect and pursue criminal responsibility for drug-related offenses.

Article 5.Based on Vietnamese law and the relevant country's law, multilateral and bilateral international treaties to which Vietnam has signed or acceded, within their respective duties and powers, agencies and organizations of Vietnam shall carry out international cooperation on the following issues:

1. Propaganda and education on preventing and combating drug abuse.

2. Eradicating and replacing the cultivation of plants containing narcotic substances.

3. Organizing drug rehabilitation and managing rehabilitated drug users; researching and applying treatment methods and functional recovery for drug addicts.

4. Organizing prevention and control of illegal purchase, sale, and use of narcotics, addictive drugs, and psychotropic substances in schools and other educational institutions and in agencies and organizations.

5. Controlling and strictly managing narcotics, addictive drugs, psychotropic substances, and precursors used in healthcare, industrial production, scientific research, analytical testing, and equipping facilities and conditions to serve the control and management of these substances.

6. Implementing measures to reduce the harm of drugs to public health, including preventing HIV/AIDS and other infectious diseases transmitted through drug injection.

7. Building communities, towns, and agencies free from drug-related crimes and drug addiction.

8. Organizing training and equipping staff with anti-drug equipment.

9. Drafting, promulgating, and implementing legal normative documents on preventing and combating drug abuse.

10. Organizing research and application of scientific and technological progress, and exchanging experiences on preventing and combating drug abuse.

Article 6.Agencies and organizations of Vietnam refuse judicial assistance in criminal matters concerning drug-related cases according to the provisions of the Judicial Assistance Agreements signed with other countries.

Chapter 3

STATE MANAGEMENT OF INTERNATIONAL COOPERATION IN THE FIELD OF PREVENTING AND COMBATING DRUG ABUSE

, Clause 1, Clause 2 Article 7a of this Regulation.

1. The Government shall uniformly manage state affairs regarding international cooperation in the field of preventing and combating drug abuse, responsible for:

a) Issuing legal normative documents on international cooperation in the field of preventing and combating drug abuse;

b) Deciding on policy directions, overall programs for international cooperation in the field of preventing and combating drug abuse;

c) Direct the signing and implementation of cooperation programs, plans, and projects with other countries regarding drug prevention and control.

2. The Ministry of Public Security shall be responsible before the Government for leading and coordinating with ministries, ministerial-level agencies, and government agencies to manage state affairs concerning international cooperation in the field of drug prevention and control, including:

a) Developing long-term and annual comprehensive plans on international cooperation in the field of drug prevention and control, coordinating and synthesizing the contents of cooperation programs, plans, and projects, urging and inspecting the implementation of these programs and plans by relevant agencies and organizations, and reporting the results of their implementation to the Government;

b) Assisting the Government in implementing unified state management over international cooperation in the field of drug prevention and control, and carrying out international cooperation on extradition of drug-related criminals, mutual legal assistance in criminal matters related to drugs, transfer of convicted drug offenders serving prison sentences, and performing other tasks in this field as prescribed by law;

c) Fulfilling Vietnam's obligations under the United Nations Conventions on drug prevention and control;

d) Guiding ministries, sectors, provincial people's committees, and centrally governed city people's committees in implementing the overall program of international cooperation in the field of drug prevention and control.

Article 8. The Ministry of Public Security is responsible for:

1. Develop and organize the implementation of policies and plans for international cooperation in preventing and combating drug-related crimes.

2. Lead and coordinate with the Ministry of National Defense, the Ministry of Finance, and other relevant agencies, local authorities to cooperate with the competent agencies of neighboring countries and other countries to prevent and combat drug-related crimes.

3. Develop and direct the implementation of international treaties on cooperation in drug control, precursor chemicals, narcotic drugs, psychotropic substances across borders that Vietnam has signed with other countries.

4. Guide the provincial people's committees along the border in carrying out cooperative tasks in the field of drug prevention and control with provinces adjacent to the People's Republic of China, the Lao People's Democratic Republic, and the Kingdom of Cambodia.

1. Develop and organize the implementation of policies and plans for international cooperation in drug rehabilitation and addressing social issues after rehabilitation, as well as preventing and controlling drug relapse.

2. Guide and direct localities and drug rehabilitation facilities in international cooperation activities on drug rehabilitation, receiving and utilizing foreign funding from organizations and individuals to build infrastructure, organize drug rehabilitation, manage and educate drug users and those who have completed rehabilitation, and support those who have completed rehabilitation to integrate into society.

Article 10.The Ministry of Health shall be responsible for:

1. Developing and organizing the implementation of policies and plans for international cooperation in the control of narcotic drugs, psychotropic substances, and precursors used in the medical field, analysis, testing, and scientific research.

2. Leading and organizing the implementation of international cooperation projects on researching and applying traditional medicine and methods for drug rehabilitation, as well as international cooperation projects on the control of narcotic drugs, psychotropic substances, and precursors used in the medical field, analysis, testing, and scientific research.

1. Develop and organize the implementation of policies and plans for international cooperation in the control of precursors used in the industrial sector.

2. Organize the implementation of international cooperation projects on the control of precursors used in the industrial sector.

Article 12.The Ministry of Education and Training shall be responsible for:

1. Developing and organizing the implementation of policies and plans for international cooperation in preventing and controlling drugs in schools and other educational institutions.

2. Organizing the implementation of international cooperation projects on educating teachers, staff, students, and trainees about drug prevention.

Article 14. The Ministry of National Defense shall be responsible for directing the Border Guard Force and Coast Guard to carry out cooperative tasks with the corresponding agencies of other countries as stipulated in Chapter VI of the Law on Prevention and Control of Drugs and this Decree, as well as other relevant laws.

Article 16. The Ministry of Foreign Affairs shall be responsible for coordinating with relevant ministries and sectors in studying and proposing policies for negotiating, signing, and implementing international treaties on drug prevention and control.

Article 17. The Ministry of Justice shall be responsible for coordinating with relevant ministries and sectors in researching and perfecting laws on international cooperation in drug prevention and control to ensure consistency between Vietnamese law and the United Nations Conventions on drug prevention and control; participating in drafting and reviewing normative legal documents on international cooperation in drug prevention and control, and organizing the dissemination of these documents among officials, civil servants, and the public.

Article 19.

1\. Provincial People's Committees under the direct jurisdiction of the central government shall, based on the Government's plan, be responsible for:

a) Building and implementing local international cooperation plans on drug prevention and control;

b) Directing local forces such as the Police, Customs, Border Guard, and Coast Guard to cooperate with corresponding agencies of neighboring countries sharing borders with Vietnam in exchanging information, coordinating inspections, monitoring, detecting, and handling illegal drug trafficking, precursor chemicals, narcotic drugs, and psychotropic substances across borders as prescribed by law;

c) Organizing regular meetings every six months and annually with provincial authorities of neighboring countries to exchange information and discuss measures to cooperate in preventing and combating drug-related social evils.

The organization of regular meetings with corresponding provinces shall be carried out according to Appendices 1, 2, and 3 of this Decree and in accordance with the rotation system of locations between the two countries.

Article 20. Agencies and organizations of Vietnam, based on their functions, duties, and authorities, and international treaties to which Vietnam is a party, shall be responsible for:

1\. Mobilizing financial resources, building international cooperation programs and projects on drug prevention and control, submitting them to competent authorities for approval, and organizing their implementation in accordance with the law.

2\. Implementing international cooperation tasks on drug prevention and control as planned by the Government.

Article 21. Annually, agencies and organizations shall coordinate with the Ministry of Public Security to develop international cooperation plans in the field of drug prevention and control under their responsibility, submit them to the Government for approval; report on the implementation of international cooperation programs and projects, and the use of foreign financial assistance in accordance with the law, and send these reports to the Ministry of Public Security for consolidation and reporting to the Government.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 22.

1\. Vietnamese agencies, organizations, individuals, international organizations, and foreign organizations and individuals who achieve outstanding results in international cooperation in the field of drug prevention and control as stipulated in this Decree shall be rewarded according to current regulations.

2\. Organizations and individuals who violate the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

Article 23. This Decree shall take effect fifteen days from the date of signature.

The Ministry of Public Security shall be responsible for leading and coordinating with relevant ministries and sectors to inspect and urge the implementation of this Decree.

Article 24. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.

                                                                               

attached hereto.

Corresponding pairs of provinces along the Vietnam-Laos border

(Annexed to Decree No. 05/2003/NĐ-CP dated January 21, 2003 of the Government)

attached hereto to the People's Committee of the province.

Corresponding pairs of provinces along the Vietnam-Cambodia border

(Annexed to Decree No. 05/2003/NĐ-CP dated January 21, 2003 of the Government)

                                                                                    Appendix 3

Corresponding pairs of provinces along the Vietnam-China border

(Annexed to Decree No. 05/2003/NĐ-CP dated January 21, 2003 of the Government)