Decree No. 105/2021/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Prevention and Control of Narcotics

DECREE

Detailed regulations and guidance on implementing

On certain provisions of the Law on Prevention and Control of Narcotics

Pursuant to the Government Organization Law dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019;

BASED ON THE LAW ON PREVENTION AND CONTROL OF DRUG ABUSE dated March 30, 2021;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree providing detailed regulations and guidance for implementation of certain provisions of the Law on Prevention and Control of Narcotics.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementation of certain provisions of the Law on Prevention and Control of Narcotics concerning the coordination work of specialized agencies in preventing and combating drug-related crimes; controlling lawful activities related to narcotics; and managing persons using drugs illegally as stipulated in Clause 5, Article 11; Clause 2, Article 13; Clause 2, Article 14; Article 16; Clause 3, Article 17; Article 18; Article 19; and Clause 6, Article 23 of the Law on Prevention and Control of Narcotics No. 73/2021/QH14 dated March 30, 2021.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals involved in the coordination work in preventing and combating drug-related crimes; controlling lawful activities related to narcotics; and managing persons using drugs illegally.

Article 3. Principles of Implementation

1. Coordination work of specialized agencies in preventing and combating drug-related crimes; controlling lawful activities related to narcotics; and managing persons using drugs illegally must comply with the Law on Prevention and Control of Narcotics, this Decree, and relevant legal normative documents.

2. Coordination work of specialized agencies in preventing and combating drug-related crimes must ensure the following principles:

a) Based on the functions, tasks, and authorities of each ministry, sector, and locality, specialized agencies in preventing and combating drug-related crimes shall carry out coordination activities ensuring unity, cooperation, and mutual support;

b) Each area, region shall be primarily responsible and led by one agency in the prevention and struggle against drug-related crimes; other agencies shall cooperate according to their functions and tasks;

c) Information exchange on criminal activities and implementation of investigative measures must be timely, accurate, and in compliance with regulations protecting state secrets;

d) Specialized agencies in preventing and combating drug-related crimes under the People's Public Security are the core in coordinating activities among specialized agencies in the prevention and struggle against drug-related crimes nationwide.

3. Controlling lawful activities related to narcotics must ensure the following principles:

a) Lawful activities related to narcotics as stipulated in Clause 1, Article 12 of the Law on Prevention and Control of Narcotics must be strictly controlled by industry, field, and locality, and must control up to the final product;

b) State management agencies within their functional, task, and authority scope have the responsibility to manage activities in their specialized fields and coordinate in controlling lawful activities related to narcotics.

4. Management of persons using drugs illegally must ensure the following principles:

a) Management of persons using drugs illegally must be conducted openly, objectively, and in accordance with the law;

b) Respect and ensure the rights and legitimate interests of persons using drugs illegally and their families;

c) Families, agencies, organizations, and communities where persons using drugs illegally reside, work, study have the responsibility to participate in managing such persons;

d) Information and documents about persons using drugs illegally must be updated regularly and accurately;

đ) Functional agencies must closely coordinate in the process of managing persons using drugs illegally according to their assigned functions, authorities, and responsibilities, complying with procedures, formalities, and deadlines;

e) Strictly prohibit the abuse of management of persons using drugs illegally to infringe upon citizens' rights and legitimate interests.

Article 4. Definitions

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

1. Drug production is the activity of creating drugs from plants containing narcotic substances, precursors, chemicals, or other drugs through any form, method, or technique. This does not include planting plants containing narcotic substances.

2. Precursor production is the activity of creating precursors through chemical reactions.

3. Professional training in preventing and combating drug-related crimes includes training, instruction, and capacity building for personnel engaged in preventing and combating narcotics; training service animals and other activities regarding methods, techniques, signs of identifying narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic substances, precursors.

4. Tracing the origin of narcotics involves applying biochemical, physical, and chemical methods to determine the state, nature of raw materials, handwriting, images, logos on packaging, containers, labels to identify the place of production, raw materials, methods, and ways of manufacturing narcotic substances for the purpose of preventing and combating drug-related crimes.

Chapter II

COORDINATION OF SPECIALIZED AGENCIES

IN PREVENTING AND COMBATING DRUG-RELATED CRIMES

Article 5. Special agencies for preventing and combating drug-related crimes

1. Special agencies for preventing and combating drug-related crimes under the People's Public Security include: The Drug Crime Investigation Police Department, Ministry of Public Security; Provincial and centrally-administered city Drug Crime Investigation Police Units of the Public Security Force; County, district, town, and centrally-administered city Drug Crime Investigation Police Teams (or Teams with the function of investigating drug-related crimes) of the Public Security Force.

2. Special agencies for preventing and combating drug-related crimes under the Border Guard include: The Anti-drug and Crime Prevention Bureau; The Special Task Force for Preventing and Combating Drug Crimes and Crimes, Border Guard Command, Ministry of National Defense; The Anti-drug and Crime Prevention Unit (Anti-drug and Crime Prevention Board) and the Special Task Force for Preventing and Combating Drug Crimes and Crimes under the Border Guard Command of the provincial and centrally-administered city level; The Anti-drug and Crime Prevention Team under the Border Guard Posts (Border Gate Command); The Border Guard Flotilla.

3. Special agencies for preventing and combating drug-related crimes under the Coast Guard include: The Operations and Law Bureau, Special Task Forces for Preventing and Combating Drug Crimes under the Coast Guard Command, Ministry of National Defense; The Drug Crime Prevention Unit under the Coast Guard Zones.

4. Special agencies for preventing and combating drug-related crimes under Customs include: The Anti-Smuggling Investigation Department under the General Department of Customs, Ministry of Finance; The Drug Control Team (or the Customs Control Team) directly under the Provincial, inter-provincial, and centrally-administered city Customs Departments; The Drug Control Group under the Customs Sub-department at the border gate.

Article 6. Coordination in advising and directing

1. Special agencies for preventing and combating drug-related crimes coordinate to study, report, and advise competent authorities on policies and measures to strengthen coordination in preventive and combat work against drug-related crimes.

2. Propose amendments and supplements to mechanisms, policies, and laws when new issues arise in preventive and combat work against drug-related crimes within their authority, or report to competent authorities to amend, supplement, or promulgate new regulations to ensure state management requirements for drug prevention and control.

3. Coordinate to effectively implement tasks and work according to their respective fields of responsibility.

Article 7. Coordination in propaganda and mobilization

Special agencies for preventing and combating drug-related crimes exchange and unify to advise party committees and local authorities at all levels to organize propaganda to raise public awareness about drug prevention and control laws, methods, and tricks of drug-related criminals, consequences, and harms of drugs; compile materials, build, and implement plans for propaganda and mobilizing the public to actively participate in preventing, detecting, reporting, and combating drug-related crimes and drug-related social evils.

Article 8. Coordination in information exchange

1. Contents of information and materials exchanged between special agencies for preventing and combating drug-related crimes include:

a) Situations of drug-related crimes worldwide; policies and laws of countries regarding drug issues; information on drug-related crimes related to Vietnam exchanged by countries and international organizations; situations of drug-related crimes in border areas, ports, and at sea.

b) Results of preventive and combat work against drug-related crimes by each agency; results of handling reports and accusations of drug-related crimes in border areas; forecasts of trends and situations of drug-related crimes; methods, tricks, and patterns of activities of criminal subjects; organizations, networks, groups, key routes, and areas; fugitives wanted for drug-related crimes;

c) Procedures, rules of work, experiences, and measures to resolve difficulties and obstacles in preventive and combat work against drug-related crimes by special agencies;

d) Scientific, technical, and technological progress that can be applied to serve drug prevention and control work;

đ) New types of drugs and new regulatory documents in preventive and combat work against drug-related crimes;

e) Other information and materials upon request.

2. Special agencies for preventing and combating drug-related crimes under the People's Public Security, Border Guard, Coast Guard, and Customs have the responsibility to promptly notify and share information and materials on the activities of drug-related criminals relevant to areas and regions under the jurisdiction of other forces for coordinated resolution.

Article 9. Coordination in Implementing Investigative Measures

1. Specialized agencies responsible for preventing and combating drug-related crimes shall coordinate in organizing forces, means, and applying investigative measures to prevent and combat drug-related crimes; exchange investigative techniques to investigate and handle cases and incidents upon request.

2. Specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs shall coordinate with specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security at the same level to implement investigative measures in their respective areas of management.

a) In key and complex areas regarding drugs, specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security shall proactively coordinate with specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs to develop plans to deploy concentrated investigative measures.

b) When specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security request coordination in conducting surveillance operations in border areas, ports of entry, and on the sea, specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs shall have the responsibility to coordinate in exchanging information and providing support for implementation.

c) When specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs implement investigative measures to prevent and combat drug-related crimes in inland areas related to border areas, ports of entry, and on the sea, specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security shall have the responsibility to coordinate in exchanging information and providing support for implementation.

Article 10. Coordination in Fighting Special Cases and Investigating and Handling Specific Cases and Incidents

1. Specialized agencies responsible for preventing and combating drug-related crimes shall coordinate in establishing and fighting special cases in the following situations:

a) For drug cases established and fought by specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs where the subjects are related to inland areas, specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security shall proactively coordinate, implement according to requirements, and promptly accept relevant files and evidence for investigation and handling in accordance with the law.

b) For drug cases established and fought by specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security where the subjects are related to border areas, ports of entry, and on the sea, specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs shall coordinate and implement according to requirements.

c) For complex drug cases involving multiple localities, cross-border activities, and international elements, the agencies shall jointly establish a Special Case Task Force to fight and uncover these cases. The specialized agency responsible for preventing and combating drug-related crimes under whichever force first discovers the case shall co-chair with the specialized agency responsible for preventing and combating drug-related crimes under the People's Public Security, with other agencies participating in coordination; the authority to approve the establishment of the Joint Special Case Task Force is one level above the unit that established the special case; the Special Case Task Force Command: the Public Security force is the head of the command, the Border Guard, Coast Guard, and Customs forces are members; the Special Case Task Force Command is one level above the Special Case Task Force.

d) In cases where specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs in their own managed areas discover information or materials with grounds to establish a special case, they shall take the lead and coordinate with other specialized agencies responsible for preventing and combating drug-related crimes to establish a special case for fighting.

2. Specialized agencies shall coordinate during the process of investigating drug-related crimes and handling violations of laws regarding drugs in accordance with the law.

a) When specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security request to conduct investigative activities regarding drug-related crimes in border areas, ports of entry, and on the sea, specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs shall have the responsibility to coordinate and create favorable conditions to support specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security in completing their tasks.

b) Specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security shall have the responsibility to support and create favorable conditions for specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs when these agencies request coordination in investigating and handling drug-related crimes and violations of laws regarding drugs in inland areas; Upon receiving requests from specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Coast Guard, and Customs to apprehend suspects, trace vehicles and evidence related to drug-related crimes and violations of laws regarding drugs from border areas, ports of entry, or on the sea into inland areas, specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security shall immediately mobilize forces to cooperate in apprehending and tracing. After apprehending suspects and tracing vehicles and evidence, they shall promptly notify and hand over files, suspects, evidence, and vehicles to the requesting agency for continued investigation in accordance with the law.

c) After concluding investigations and handling cases and incidents, agencies shall report the results of their coordination to each other and organize joint reviews and draw lessons learned.

3. In necessary cases, specialized agencies responsible for preventing and combating drug-related crimes may take the lead and propose the establishment of Interagency Coordination Teams; other specialized agencies responsible for preventing and combating drug-related crimes shall send personnel to participate. The Team will dissolve itself after completing its mission.

Article 11. Other cooperation contents

1. Specialized agencies responsible for preventing and combating drug-related crimes within their functions, tasks, and authorities shall be responsible for cooperating and supporting each other in vocational training on preventing and combating drug-related crimes; implementing or proposing competent authorities to consider rewarding collectives and individuals with outstanding achievements in cooperative work on preventing and combating drug-related crimes.

2. Cooperating in implementing international cooperation activities in preventing and combating drug-related crimes.

Article 12. Forms of cooperation

1. Exchanging and providing information, documents, and situations related to cooperation between specialized agencies responsible for preventing and combating drug-related crimes through direct working methods, via communication means, sending documents...

2. Implementing propaganda and mobilization plans to encourage people's participation in preventing and combating drugs.

3. Joint patrols and controls; developing and implementing operational plans, establishing joint cases to cooperate in combating drug-related crimes on key routes and areas.

4. Organizing regular coordination meetings, conferences, seminars, and discussions on issues related to cooperation between agencies.

5. Organizing teaching, training, and professional skill enhancement courses on preventing and combating drug-related crimes.

6. Regular or ad hoc reporting; organizing professional coordination meetings and summarizing the cooperation process according to this Decree.

Article 13. Coordination meeting system, reporting, and statistics

1. Coordination meeting system

a) Specialized agencies responsible for preventing and combating drug-related crimes shall implement regular coordination meetings as follows: Central level: Alternately host regular coordination meetings once a year. Provincial level: Alternately host regular coordination meetings every six months.

b) After regular coordination meetings, units shall report the results to their immediate superiors for monitoring and guidance, and simultaneously inform subordinate units under their jurisdiction to understand and implement.

c) In case of emergencies or complex situations, specialized agencies responsible for preventing and combating drug-related crimes must proactively notify each other through appropriate forms such as extraordinary meetings, via communication means, through duty and command systems.

2. Reporting and statistical system Regularly every six months and annually, specialized agencies responsible for preventing and combating drug-related crimes shall report the situation, results, and statistical data on inter-agency cooperation to their immediate superiors. For special cases, criminal cases, and violations of drug laws handled through cooperation, the leading unit shall be responsible for initial statistics and informing and exchanging information with cooperating units. The central-level specialized agency responsible for preventing and combating drug-related crimes shall be responsible for compiling comprehensive reports and submitting them to the Ministry of Public Security for consolidation and reporting.

Chapter III

CONTROL OF LEGAL ACTIVITIES RELATED TO DRUGS

Section 1

SUPERVISION OF ACTIVITIES RELATED TO RESEARCH, ANALYSIS, PRODUCTION, TRANSPORTATION OF DRUGS, PRECURSOR CHEMICALS AND ANIMAL MEDICINES CONTAINING DRUGS, PRECURSOR CHEMICALS

Article 14. Authorities having the power to permit research, analysis, production, transportation of drugs, precursor chemicals, and activities related to animal medicines containing drugs, precursor chemicals

1. The Ministry of Public Security permits agencies and organizations to conduct the following activities:

a) Research on drugs and precursor chemicals listed in the Drug and Precursor Chemical List prescribed by the Government;

b) Production of drugs and precursor chemicals listed in the Drug and Precursor Chemical List prescribed by the Government (excluding precursor chemicals managed and permitted by the Ministry of Industry and Trade and the Ministry of Health);

c) Transportation of drugs listed in the Drug List prescribed by the Government.

2. The Ministry of Agriculture and Rural Development permits agencies, organizations, and individuals to conduct research, testing, certification, production, transportation, storage, purchase, distribution, use, disposal, and exchange of animal medicines containing drugs and precursor chemicals.

3. Departments of Industry and Trade of provinces and centrally-administered cities permit agencies, organizations, and individuals to produce precursor chemicals listed in the Precursor Chemical List prescribed by the Government and current regulations on chemical management (for precursor chemicals managed by the Ministry of Industry and Trade).

4. The Ministry of Public Security and the Ministry of Agriculture and Rural Development within their assigned tasks and authorities shall assign competent agencies to perform the task of receiving applications, reviewing, and deciding on permission for research, production, transportation of drugs, precursor chemicals, and activities related to animal medicines containing drugs, precursor chemicals as stipulated in Section 1 Chapter III of this Decree (hereinafter referred to as the licensing agency).

5. Within its state management functions, tasks, and authorities over forensic technical identification, the Ministry of Public Security is responsible for organizing the procedures and formalities for identifying drugs, precursor chemicals, and animal medicines containing drugs, precursor chemicals in accordance with the Law on Forensic Identification, the Criminal Procedure Code, relevant regulatory documents, and provisions in Section 3 Chapter III of this Decree.

Article 15. Control of drug research and precursor activities

1. Procedures and formalities for permission to conduct drug and precursor research

a) A scientific and technological organization established in accordance with the Law on Science and Technology (hereinafter referred to as the research agency), when there is a need to conduct drug and precursor research as stipulated in point a, Clause 1, Article 14 of this Decree, shall prepare the application dossier in accordance with Clause 2 of this Article and submit it directly or through postal service to the Ministry of Public Security or send the electronic version through the online public service system of the Ministry of Public Security on the national single window portal;

b) Within five working days from the date of receipt of complete dossier as prescribed, the licensing authority shall conduct an examination and notify the approval in writing. In case of requests for corrections or supplements to the documents, within the latest three working days from the date of receipt of the dossier, the licensing authority shall issue a notification form regarding the corrections or supplements to be made, specifying the documents, contents that need correction or supplementation, and the completion time. The acceptance and processing of the dossier shall be completed within three working days from the date of receipt of the completed dossier. If the deadline for requesting corrections or supplements to the dossier expires or if there is inconsistency between the information in the application document and the supporting documents in the dossier, the licensing authority will not proceed with the processing.

2. The application dossier for permission to conduct drug and precursor research includes:

a) The research agency's request for permission to conduct research. The content of the request document must clearly state information about the name and address of the research agency; list and roles of the researchers involved; purpose of the research; name, address of the agency or organization providing drugs and precursors and their names, CAS codes, HS codes, quantities, and concentrations of the drugs and precursors proposed for research; research period; transportation time, route, and means from the supply location to the storage and research location;

b) A copy of the Certificate of Registration for Scientific and Technological Activities of the research agency;

c) A copy of the approved research plan by the competent authority;

d) Documents proving the legality of the substances proposed for research; plans and measures to ensure safety and storage conditions for the proposed drugs and precursors; plans and measures to handle residues of drugs and precursors during the research process.

3. Content of the research permission document The permission document must clearly state information about the name and address of the research agency; names, CAS codes, HS codes, quantities, and concentrations of the drugs and precursors being researched; permitted research period; transportation time, route, and means (if necessary to transport drugs from the storage facility to the research location); the permission document shall be sent to the research agency, the provincial or city police where the research agency conducts the storage and research of the permitted drugs.

4. Procedures and formalities for extending the permission to conduct drug and precursor research

a) At least three days before the expiration of the permission period, the research agency shall submit a request to the licensing authority for an extension of the research permission, clearly stating the reasons and the requested extension period;

b) The licensing authority is responsible for reviewing and notifying the decision to extend or not to extend the permission (must specify the reasons) in writing within three working days from the date of receipt of the request letter;

c) The extension of the permission shall be carried out in accordance with points a and b of Clause 3 of this Article;

d) Research extension will not be granted in cases where the purpose of the research, type of substance, concentration, quantity, safety assurance measures, and storage conditions for the proposed drugs and precursors have changed; plans and measures to handle residues of drugs and precursors during the extended research period.

5. Drug research activities under this Article must be closely monitored, inspected, and supervised from the permission process until the completion of the research.

a) The research agency must comply with the content of the permission document and must report to the licensing authority on the completion of the research, research results, quantities of drugs and precursors used; remaining residues of drugs and precursors and handling measures and results;

b) The provincial or city police where the research agency conducts the storage and research of the permitted drugs shall arrange forces to monitor, inspect, and supervise the transportation, delivery, receipt, storage, and use of drugs for research according to the permission document and legal regulations;

c) In case of violation discovery, the police force at the place of violation shall immediately notify the licensing authority and cooperate to prevent and handle the violation according to legal regulations.

Article 16. Control of the production of narcotic drugs, precursor substances, and veterinary medicines containing narcotic drugs, precursor substances

1. Procedures and formalities for permission to produce narcotic drugs and precursor substances

a) An entity or organization conducting activities to produce narcotic drugs and precursor substances as stipulated at point b, Clause 1, Article 14 of this Decree (hereinafter referred to as the producing entity) shall submit the dossier directly or via postal service to the Ministry of Public Security or send an electronic version through the online public service system of the Ministry of Public Security on the national single window portal;

b) Within thirty working days from the date of receiving the complete dossier as prescribed, the licensing authority shall examine and assess the actual conditions at the facility and issue a certificate of compliance with the conditions for producing narcotic drugs and precursor substances;

c) In cases where there is a request to amend or supplement the dossier, the licensing authority shall notify the entity requesting permission to produce narcotic drugs and precursor substances in writing within three working days from the date of receipt of the dossier, specifying the required documents and contents for amendment or supplementation. After receiving the completed dossier, the licensing authority shall issue the permit according to the provisions of point b, Clause 1 of this Article. If the entity fails to complete the amendments or supplements within three months from the date the licensing authority issues a written request for such actions, the submitted dossier will lose its validity;

d) The dossier, conditions, and standards for entities engaged in production activities and persons related to such activities shall be implemented in accordance with current legal regulations on pharmaceuticals concerning special controlled raw materials and chemical management for chemicals subject to conditional production and trading;

2. Procedures and formalities for permission to produce veterinary medicines containing narcotic drugs and precursor substances

a) An entity or organization conducting activities to produce veterinary medicines containing narcotic drugs and precursor substances shall submit the dossier directly or via postal service to the Ministry of Agriculture and Rural Development or send an electronic version through the online public service system of the Ministry of Agriculture and Rural Development on the national single window portal;

b) The procedures, formalities, dossiers, conditions, and standards for entities and organizations and persons related to the production and registration for circulation of veterinary medicines containing narcotic drugs and precursor substances shall be carried out in accordance with laws on veterinary medicine regarding the management of veterinary medicines and the provisions of this Decree;

c) For facilities that have been issued certificates of compliance with conditions for producing veterinary medicines under current laws on veterinary medicine, when they need to produce veterinary medicines containing narcotic drugs and precursor substances on the same production line, they shall submit a dossier including: a request letter from the producing entity accompanied by a copy of the certificate of compliance with conditions for producing veterinary medicines already issued and documentation proving the production process and raw materials for veterinary medicines that are addictive substances, psychotropic substances, or precursor substances used as veterinary medicines. Within five working days from the date of receiving the complete dossier as prescribed, the licensing authority shall accept, review, and issue a certificate of compliance with conditions for producing veterinary medicines containing narcotic drugs and precursor substances. If the conditions for production are not met, the licensing authority shall respond in writing stating the reasons for not issuing the certificate of compliance with conditions for production;

3. Procedures and formalities for reissuing certificates of compliance with conditions for producing narcotic drugs, precursor substances, and veterinary medicines containing narcotic drugs and precursor substances

a) In cases where the certificate is lost, erroneous, damaged, or has changes in information about the entity or organization, the entity or organization shall prepare one set of application dossier or a request letter for reissuance of the certificate (in cases of errors attributable to the licensing authority), along with the original certificate. The application dossier shall be submitted directly or via postal service to the licensing authority or sent electronically through the online public service system of the Ministry of Public Security, the Ministry of Agriculture and Rural Development at the national single window portal;

b) Within five working days from the date of receiving the complete dossier as prescribed, the licensing authority shall review and reissue the certificate;

4. Procedures and formalities for amending certificates of compliance with conditions for producing narcotic drugs, precursor substances, and veterinary medicines containing narcotic drugs and precursor substances

a) In cases of changes in location, scale, type, or form of research and production, the entity or organization shall prepare one set of application dossier, including: a request letter, certified copies of documents proving the changes. The dossier shall be submitted directly or via postal service to the licensing authority or sent electronically through the online public service system of the Ministry of Public Security, the Ministry of Agriculture and Rural Development at the national single window portal;

b) The licensing authority shall review, assess the actual conditions at the facility, and decide to amend the certificate according to the procedures and formalities for issuing a new certificate;

5. Production activities of narcotic drugs, precursor substances, and veterinary medicines containing narcotic drugs and precursor substances must be closely monitored, inspected, and supervised from the granting of permission to the completion of the product according to the process;

a) Certificates of compliance with conditions for producing narcotic drugs, precursor substances, and veterinary medicines containing narcotic drugs and precursor substances, and certificates of circulation for veterinary medicines containing narcotic drugs and precursor substances shall be sent to the requesting entity, provincial police, and specialized state management agencies in the locality where the production activities take place;

b) Entities engaged in production activities must comply with the contents specified in the issued certificate and be subject to monitoring, inspection, and supervision by competent authorities;

c) Provincial police and specialized state management agencies in the locality where the production activities take place shall cooperate in monitoring, inspecting, and supervising the production activities as prescribed by law;

d) In cases of violations being discovered, the police force where the violation is detected shall immediately inform the licensing authority and cooperate in preventing and handling the violation according to the law.

Article 17. Control of Narcotic Substance Transportation Activities

1. Procedures and Formalities for Issuing Permits for Narcotic Substance Transportation

a) When an organization has a need to transport narcotic substances (hereinafter referred to as the organization requiring transportation), it prepares the application dossier in accordance with the provisions of Clause 2 of this Article and sends it directly or through postal service to the Ministry of Public Security, or submits an electronic copy via the online public service system of the Ministry of Public Security on the national single window portal.

b) Within five working days from the date of receiving a complete dossier in accordance with the regulations, the issuing authority shall conduct an assessment and issue a permit for narcotic substance transportation to the organization requiring transportation.

c) In cases where there is a request to amend or supplement the dossier, within the latest three working days from the date of receipt of the dossier, the issuing authority will issue a notification form regarding the amendment or supplementation, specifying the required documents, contents to be amended or supplemented, and the completion time. The acceptance, assessment, and issuance of the transportation permit shall be completed within five working days from the date of receiving a complete dossier that has been amended or supplemented.

2. Application Dossier for Permit for Narcotic Substance Transportation

a) The application for a permit for narcotic substance transportation must include the following information: name and address of the delivering and receiving organizations; purpose of transportation; name, CAS code, and HS code, quantity, and purity of narcotic substances; transportation time, route, and means of transportation.

b) A copy of the transportation contract between the organization requiring transportation and the legally authorized transportation organization.

c) A copy of the export, import, temporary importation, re-exportation, temporary exportation, re-importation permit for narcotic substances (in cases of transportation from storage facilities to border gates or vice versa for customs procedures).

3. The transportation permit is issued for each individual transportation and is valid for the period specified on the permit but not exceeding six months. The permit contains detailed information about the name and address of the delivering and receiving organizations; purpose of transportation; name, CAS code, and HS code, quantity, and purity of narcotic substances; transportation time, route, and means of transportation. The permit is sent to the organization requiring transportation, the transportation organization, and the Customs, Border Guard, Coast Guard, provincial police forces along the transportation route as indicated on the permit.

4. Procedures and Formalities for Extending and Reissuing Transportation Permits for Narcotic Substances

a) At least three days before the expiration of the permit, the organization requiring transportation sends an application to the issuing authority requesting an extension, clearly stating the reasons and requested extension period.

b) In cases where the permit is lost or there are changes in transportation time, route, or means of transportation, the organization requiring transportation sends an application to the issuing authority requesting a new permit, accompanied by the original permit.

c) Within three working days from the date of receiving the application from the organization requiring transportation, the issuing authority will review and issue an extended or new permit for the cases stipulated in points a and b of this clause.

5. The transportation of narcotic substances must be carried out strictly according to the information recorded in the permit. When conducting delivery and receipt of narcotic substances, a delivery and receipt record must be made between the organization requiring transportation and the transportation organization. The record must specify the name and address of the delivering and receiving organizations; the names of the deliverer and receiver, their identification documents; the name, CAS code, and HS code, quantity, and purity of the delivered narcotic substances; the delivery and receipt time and location, and commitments to full delivery and receipt by the deliverer and receiver.

6. The transportation of narcotic substances as prescribed in this Article must be closely monitored, inspected, and supervised from the permit issuance process until the completion of transportation.

a) The organization requiring transportation and the transportation organization must be responsible for the quantity and quality of narcotic substances, take measures to ensure safety, prevent loss during transportation, and be subject to monitoring, inspection, and supervision by competent state authorities.

b) Provincial and municipal public security organs, border guard units, and coast guard units managing the transportation routes as permitted must deploy personnel and means to closely monitor, inspect, and supervise, ensuring transportation along the approved route and in accordance with the information recorded in the permit. In case of discovering any violation signs, the competent authority must immediately notify the issuing authority and cooperate in preventing and handling the situation in accordance with the law.

Article 18. Control of activities related to veterinary drugs containing narcotic substances and precursors

1. The production activities of veterinary drugs containing narcotic substances and precursors shall be carried out in accordance with the provisions of Clauses 2, 3, and 4 of Article 16 of this Decree.

2. Testing and certification facilities for veterinary drugs containing narcotic substances and precursors must ensure conditions and standards regarding infrastructure, location, and veterinary practitioners as prescribed by laws on veterinary medicine for the management of veterinary drugs, designated by the Ministry of Agriculture and Rural Development to operate and subject to supervision, inspection, and monitoring by competent authorities.

3. Organizations, individuals conducting research, transportation, storage, stockpiling, purchase, distribution, use, disposal, and exchange of veterinary drugs containing narcotic substances and precursors shall comply with the regulations on veterinary drug management under laws on veterinary medicine, relevant provisions of this Decree, and be subject to supervision, inspection, and monitoring by competent authorities.

4. The Ministry of Agriculture and Rural Development shall control activities related to veterinary drugs containing narcotic substances and precursors according to the regulations on veterinary drug management under laws on veterinary medicine and relevant provisions of this Decree; detect violations of the law, handle them within their authority or transfer them to competent authorities for handling in accordance with the law.

Section 2

CONTROL OF IMPORTS, EXPORTS, TEMPORARY IMPORTS, RE-EXPORTS, TEMPORARY EXPORTS, RE-IMPORTS, AND TRANSIT THROUGH VIETNAMESE TERRITORY OF NARCOTIC SUBSTANCES, PRECURSORS, DRUGS CAUSING ADDICTION, PSYCHOACTIVE DRUGS, PRECURSORS FOR DRUGS, RAW MATERIALS FOR DRUGS THAT ARE NARCOTIC SUBSTANCES, PSYCHOACTIVE SUBSTANCES, PRECURSORS USED TO MAKE DRUGS, AND VETERINARY DRUGS CONTAINING NARCOTIC SUBSTANCES AND PRECURSORS

Article 19. Competent authorities granting permission and organizations, entities, and individuals allowed to conduct import, export, temporary import, re-export, temporary export, re-import, and transit through Vietnamese territory of narcotic substances, precursors, drugs causing addiction, psychoactive drugs, precursors for drugs, raw materials for drugs that are narcotic substances, psychoactive substances, precursors used to make drugs, and veterinary drugs containing narcotic substances and precursors

1. The Ministry of Public Security grants permission to organizations and entities to carry out the following activities:

a) Importing and exporting narcotic substances and precursors listed in the Government's Narcotics and Precursors Lists (excluding special controlled raw materials for drugs managed and permitted by the Ministry of Health and industrial precursors managed and permitted by the Ministry of Industry and Trade);

b) Transiting through Vietnamese territory narcotic substances and precursors listed in the Government's Narcotics and Precursors Lists; drugs causing addiction, psychoactive drugs, precursors for drugs, raw materials for drugs that are narcotic substances, psychoactive substances, precursors used to make drugs, and veterinary drugs containing narcotic substances and precursors.

2. The Ministry of Industry and Trade grants permission to organizations and entities to carry out the following activities:

a) Importing and exporting precursors listed in the Government's Precursors List (excluding precursors managed and permitted by the Ministry of Public Security and the Ministry of Health);

b) Temporarily importing, re-exporting, temporarily exporting, and re-importing narcotic substances and precursors listed in the Government's Narcotics and Precursors Lists; drugs causing addiction, psychoactive drugs, precursors for drugs, raw materials for drugs that are narcotic substances, psychoactive substances, precursors used to make drugs, and veterinary drugs containing narcotic substances and precursors.

3. The Ministry of Agriculture and Rural Development grants permission to organizations and entities to carry out the following activities:

a) Importing and exporting veterinary drugs containing narcotic substances and precursors;

b) Importing narcotic substances and precursors used as raw materials for producing veterinary drugs listed in the Government's Narcotics and Precursors Lists.

4. The Ministry of Public Security, the Ministry of Industry and Trade, and the Ministry of Agriculture and Rural Development within their assigned tasks and powers shall assign competent agencies to perform the tasks of receiving applications, reviewing, and deciding on granting permission for the activities specified in Clauses 1, 2, and 3 of this Article (hereinafter referred to as the licensing agency).

5. Organizations, entities, and individuals engaged in the activities specified in Clauses 1, 2, and 3 of this Article are Vietnamese traders and foreign traders operating in Vietnam in accordance with the Law on Trade (hereinafter referred to as enterprises).

Article 20. Supervision of import and export activities of narcotic drugs, precursor chemicals, and veterinary medicines containing narcotic drugs and precursor chemicals

1. Procedures and formalities for issuing import and export permits

a) Enterprises engaged in activities as stipulated in point a, Clause 1 and Clause 3, Article 19 of this Decree shall prepare the application dossier for import and export permits in accordance with Clause 2 of this Article and submit it directly or via postal service to the Ministry of Public Security, the Ministry of Agriculture and Rural Development, or send the electronic version through the online public service system of the Ministry of Public Security and the Ministry of Agriculture and Rural Development on the national single window portal;

b) Within the latest three working days from the date of receipt of the complete application dossier for importing narcotic drugs, the licensing authority shall conduct an examination and issue the import permit;

c) Within the latest ten working days from the date of receipt of the complete application dossier for exporting narcotic drugs and precursor chemicals, the licensing authority shall conduct an examination, implement pre-export notification, and issue the export permit. In case the competent authority of the importing country does not require pre-export notification, the licensing authority will not issue the permit and notify the enterprise in writing of the reasons;

d) Within the latest five working days from the date of receipt of the complete application dossier for importing and exporting veterinary medicines containing narcotic drugs and precursor chemicals, the licensing authority shall conduct an examination and issue the import and export permit;

2. Application dossier for issuing import and export permits

a) The enterprise's application for import and export permit according to Form No. 01 attached to this Decree;

b) Original of one of the following documents: Export or import permit of the country exporting or importing goods (if applicable);

c) Certified copies of the following documents: Investment Certificate, Business Registration Certificate, Enterprise Registration Certificate, Certificate of Eligibility for Production and Business Activities Permitted, Import Eligibility Certificate, and Veterinary Medicine Circulation Certificate in Vietnam, except in cases of import for research purposes or treatment of wild and rare animals;

d) Certified copies of contracts and orders related thereto accompanied by original counterparts (when required);

đ) Other relevant documents and materials: Product quality analysis certificate (CoA) issued by the manufacturer or product testing result certificate and product label for veterinary medicines containing narcotic drugs and precursor chemicals; Documents in foreign languages must be accompanied by certified Vietnamese translations in accordance with the Notarization Law;

3. Import and export permit according to Form No. 02A, 02B attached to this Decree

a) The permit is issued for each import and export transaction and is valid within the period stated on the permit but not exceeding twelve months. If the period stated on the permit expires but the import and export transactions have not been completed, the enterprise may request the licensing authority to extend the permit without limitation on the number of extensions;

b) The permit is sent to the enterprise, the Customs Sub-department handling customs procedures for imported and exported goods, and the Ministry of Finance (General Department of Customs) and the Ministry of Public Security for monitoring and management, and implementing pre-export notification requirements (if required). If the issuance of the permit has not been conducted on the national single window portal, within the latest three working days from the date of issuance of the permit, the licensing authority shall be responsible for sending the import and export permit to the enterprise requesting the permit, the Customs Sub-department handling customs procedures for imported and exported goods, and the Ministry of Finance (General Department of Customs) and the Ministry of Public Security for coordinated management and supervision. In case the issuance of the permit has been conducted on the national single window portal but during the time the data center controlling legal activities related to narcotic drugs under the Ministry of Public Security cannot connect to the national single window portal, within the latest three working days from the date of issuance of the permit, the licensing authority shall be responsible for notifying and sending the import and export permit to the Ministry of Public Security for coordinated management and supervision;

d) Issuance, adjustment, and reissuance of permits due to loss, misplacement, or errors, enterprises shall submit a written request along with supporting documents and materials proving the content requiring adjustment or explaining the reasons for loss or misplacement to the licensing authority. Within the latest five working days from the date of submission, the licensing authority shall examine and adjust or reissue the permit. If the permit is refused, the licensing authority shall reply in writing, stating the reasons;

4. Dossier, procedures, and formalities for issuing import and export permits for precursor chemicals as stipulated in point a, Clause 2, Article 19 of this Decree shall be implemented in accordance with the laws on chemicals and relevant provisions of this Decree;

5. Customs forces are responsible for customs procedures and implementing inspection and supervision systems for imported and exported goods in accordance with the law. In case of discovering that imported and exported goods do not comply with the contents of the permit, the customs authority shall suspend the import and export procedures, record the incident, and handle it according to its authority; at the same time, within the latest three working days from the date of discovery of the violation, the customs authority shall be responsible for directly notifying the licensing authorities and the Ministry of Public Security through the hotline for coordinated management and supervision;

6. In cases of violations of regulations on supervising import and export activities, the head of the licensing authority and the Customs Sub-department Director handling customs procedures may, depending on the nature and degree of the violation, decide to revoke the issued import and export permits, suspend or temporarily suspend import and export activities, handle the violators and imported and exported goods according to their authority, or transfer them to the competent authority for handling in accordance with the law.

Article 21. Supervision of temporary importation, re-exportation, temporary exportation, re-importation of narcotic substances, precursor chemicals, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors.

1. Enterprises conducting activities as prescribed in point b, Clause 2, Article 19 of this Decree prepare application files for permit issuance in accordance with the laws on foreign trade management, directly send or send via postal service to the Ministry of Industry and Trade, or send electronic copies through the online public service system of the Ministry of Industry and Trade on the national single window portal.

2. The issuing authority receives the application file, reviews, implements pre-export notification as prescribed in point d, Clause 2, Article 35 of this Decree, and issues permits for temporary importation, re-exportation, temporary exportation, re-importation of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors in accordance with the Law on Foreign Trade Management.

3. Within the latest three working days from the date of issuing the permit, the issuing authority is responsible for sending the issued temporary importation, re-exportation, temporary exportation, re-importation permit to the Customs Sub-Department where customs procedures are handled, and to the Ministry of Finance (General Department of Customs) and the Ministry of Public Security for coordinated management and supervision.

4. The Customs force is responsible for implementing customs procedures and customs inspection and supervision in accordance with the laws on customs. Any changes to the packaging, containers of temporarily imported, re-exported, temporarily exported, re-imported goods must be agreed upon by the Ministry of Industry and Trade and supervised by the Customs force. In case of discovering that temporarily imported, re-exported, temporarily exported, re-imported goods do not match the contents of the permit, the customs authority suspends customs procedures, prepares a record, and handles according to its authority; simultaneously, within the latest three working days from the date of discovering the violation, it directly reports through the hotline to the issuing authority and the Ministry of Public Security for coordinated management and supervision.

Article 22. Supervision of transit through Vietnam's territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors.

1. Procedures and formalities for issuing transit permits through Vietnam's territory.

a) Enterprises conducting activities as prescribed in point b, Clause 1, Article 19 of this Decree prepare application files for permit issuance in accordance with Clause 2 of this Article, directly send or send via postal service to the Ministry of Public Security, or send electronic copies through the online public service system of the Ministry of Public Security on the national single window portal;

b) Within the latest five working days from the date of receiving complete application files as prescribed, the issuing authority conducts review and issues the transit permit. If the transit permit is not issued, a written notice stating the reasons must be provided to the enterprise requesting the permit.

2. Application files for issuing transit permits.

a) The enterprise's application for a transit permit includes information about the name and address of the enterprise; time, location, and reason for transit; name, address of the production place, name, CAS number, HS code, quantity, concentration; name, HS code, quantity of drugs and raw materials for drugs subject to inspection for transit; value of goods; means of transport, route, and conditions ensuring safe transportation;

b) Original transport contract;

c) Original of one of the following documents: Diplomatic letter of request from the competent authority of the requesting country for goods transit, Export Permit of the exporting country or Import Permit of the importing country;

d) Original Transit Permit of the country through which the exported or imported goods have passed before arriving in Vietnam (in case of multi-country transit). Documents mentioned above if in a foreign language must be translated into Vietnamese with certification in accordance with the Law on Notarization.

3. Transit Permit.

a) The content of the permit must clearly state the name and address of the enterprise permitted to transit; name, CAS number, HS code, UN number (if applicable), quantity, concentration of substances permitted to transit; time, means of transport for the transit operation; names of border gates through which the goods transit;

b) The transit permit is valid once according to the period stated in the permit but the period stated shall not exceed two months. In case the period stated in the permit has expired but the transit has not been completed, the enterprise requests an extension of the transit period. The extension can only be granted once with a period not exceeding thirty days;

c) The transit permit is sent to the enterprise requesting the transit permit, Customs Sub-Department, Public Security Departments of provinces and centrally-administered cities, Border Guard units, Coast Guard units where the goods transit passes through, the Ministry of Finance (General Department of Customs), and the Ministry of Industry and Trade for coordinated management and supervision;

d) In case of needing to adjust the permit due to errors or replace the permit due to loss or misplacement, the enterprise submits a request accompanied by relevant documents and evidence proving the content to be adjusted or a report explaining the reason for loss or misplacement to the issuing authority. Within the latest five working days from the date of receiving complete application files as prescribed, the issuing authority conducts examination and adjustment of the permit or issuance of a new permit. In case of refusal to adjust or issue a new permit, the issuing authority replies in writing, stating the reasons.

4. Narcotics, precursors, addictive drugs, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotics or precursors transiting through the territory of Vietnam must be contained in packages, sealed, and ensure compliance with international standards and accompanying documentation. In cases where seal changes or alterations to the original condition of the transit goods are discovered, the Customs Sub-department handling the transit procedures will temporarily suspend customs procedures, prepare a record, handle according to their authority, and immediately report via the hotline to the Ministry of Public Security for coordination in management and control.

5. The transit of narcotics, precursors, addictive drugs, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotics or precursors through the territory of Vietnam must strictly follow the route and entry and exit ports specified in the transit permit. Enterprises conducting transit operations must complete formalities, be subject to customs control by Vietnamese competent authorities, and bear all transit costs as prescribed by law; narcotics, precursors, addictive drugs, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotics or precursors may remain on Vietnamese territory for a maximum period of thirty days from the date of completing customs formalities at the import port, except in cases where the transit time is extended, stored in warehouses in Vietnam, or the transit goods or means of transport are damaged or lost; domestic consumption of narcotics, precursors, addictive drugs, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotics or precursors must comply with the provisions of this Decree and relevant laws regarding import and export.

6. Customs forces are responsible for implementing customs procedures and customs inspection and supervision of transit goods in accordance with the Law on Customs. In cases where goods being transported under transit do not match the contents of the permit, the customs authority will temporarily suspend customs procedures, prepare a record, and handle according to their authority; simultaneously, within the latest three working days from the date of discovering the violation, the customs authority has the responsibility to directly notify the issuing authority or report via the hotline to the Ministry of Public Security and the Ministry of Industry and Trade for coordination in management, control, and handling.

7. Provincial Police Departments, Border Guard Units, and Coast Guard Units managing the transportation routes of permitted transit activities must deploy personnel and equipment to closely monitor and ensure that transportation follows the designated route and contents specified in the permit. In cases where the quantity of transported goods is large or in other necessary situations, the issuing authority may request local police forces, border guards, coast guards to cooperate with customs forces to organize the escort of transit goods out of Vietnamese territory. During the enterprise's implementation of transit procedures, if competent agencies discover signs of violations, they must immediately inform the customs authority to coordinate in preventing and handling according to the law.

8. Carrying addictive drugs, psychotropic substances, or precursors for personal medical treatment purposes while transiting through the territory of Vietnam shall not be considered as carrying transit goods through the territory of Vietnam. Transit persons have the responsibility to declare and explain the quantity of drugs used to the Vietnamese customs authority, and have the obligation to strictly implement appropriate safety measures applied by the customs authority to prevent improper use or illegal transportation of such drugs, while being subject to the supervision of Vietnamese competent authorities.

Section 3

CONTROL OF LEGAL ACTIVITIES RELATED TO NARCOTICS FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 23. Authorities with the power to permit and agencies, organizations conducting lawful activities related to narcotics for national defense and security purposes

1. The Ministry of Public Security shall grant permission to agencies and organizations to conduct lawful activities related to narcotics for national defense and security purposes for the following activities:

a) Researching and transporting narcotic substances specified in the Narcotics Lists prescribed by the Government;

b) Producing narcotic substances and precursors specified in the Narcotics Lists and Precursor Lists prescribed by the Government;

c) Importing and exporting narcotic substances and precursors specified in the Narcotics Lists and Precursor Lists prescribed by the Government (except for precursors permitted by the Ministry of National Defense as stipulated in Clause 2 of this Article);

d) Importing samples of narcotic substances as stipulated in Clause 5 of this Article.

2. The Ministry of National Defense shall grant permission to agencies and organizations to conduct activities of importing, exporting, purchasing, selling, and using precursors according to the Precursor List prescribed by the Government (excluding precursors managed and permitted by the Ministry of Public Security and the Ministry of Health).

3. The Ministry of Public Security and the Ministry of National Defense within their assigned tasks and authorities shall assign competent agencies to perform the task of receiving applications, reviewing, and deciding on granting permission for the activities stipulated in Clause 1 and Clause 2 of this Article (hereinafter referred to as the issuing authority).

4. Agencies and organizations conducting the activities stipulated in Clause 1 and Clause 2 of this Article must be agencies and organizations designated and permitted by the Ministry of Public Security and the Ministry of National Defense (hereinafter referred to as units).

5. Units are allowed to import, manage, and use samples of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic substances and precursors for national defense and security purposes (hereinafter collectively referred to as narcotic substance samples):

a) The Institute of Forensic Science under the Ministry of Public Security is the sole unit permitted to import narcotic substance samples;

b) Units managing and using narcotic substance samples include: Functional units under the Institute of Forensic Science under the Ministry of Public Security; Criminal Technical Investigation Departments of provincial and centrally-administered city police forces receiving, managing, and using narcotic substance samples from the Institute of Forensic Science under the Ministry of Public Security for forensic examination, training in anti-narcotics operations, and tracing the origin of narcotics; specialized agencies under the People's Public Security Forces, Border Guard Force, Vietnam Coast Guard, and Customs, and training institutions for anti-narcotics personnel under the Ministry of Public Security, Ministry of National Defense, and Ministry of Finance (General Department of Customs) receiving, managing, and using narcotic substance samples from the Institute of Forensic Science under the Ministry of Public Security for training in anti-narcotics operations; Units training working animals to detect narcotics under the Ministry of Public Security (Mobile Police Corps Command), Ministry of National Defense, and Ministry of Finance (General Department of Customs) receiving, managing, and using narcotic substance samples from the Institute of Forensic Science under the Ministry of Public Security for training working animals.

Article 24. Control over research, forensic examination, production of narcotic substances, and precursors for national defense and security purposes

1. Units conducting activities stipulated in point a and point b, Clause 1 of Article 23 of this Decree shall submit application files for permits to the issuing authority of the Ministry of Public Security.

2. Application procedures, conditions, and standards for permitting research and production of narcotic substances and precursors for national defense and security purposes shall be implemented in accordance with Articles 15 and 16 of this Decree. For units under the People's Public Security Forces and the People's Army as stipulated in Clause 4 of Article 23 of this Decree when designated to conduct research on narcotic substances and precursors for national defense and security purposes, the registration certificate for scientific and technological activities of the research agency shall be exempted.

3. Units permitted to conduct research and production of narcotic substances and precursors for national defense and security purposes shall be responsible for fully complying with regulations on such activities and shall be subject to monitoring, inspection, and supervision by competent agencies as stipulated in this Article and relevant laws.

4. The Institute of Forensic Science under the Ministry of Public Security shall be responsible for organizing the procedures and processes for forensic examination of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic substances and precursors in accordance with the Law on Forensic Examination, the Criminal Procedure Code, and related legal documents.

Article 25. Control of import, export, and transportation of narcotics and precursor chemicals for national defense and security purposes

1. Units engaged in activities specified in points a and c, Clause 1 and Clause 2, Article 23 of this Decree shall submit application files for permits to the Ministry of Public Security and the Ministry of National Defense.

2. The file requirements, procedures, and conditions for granting permits for the import, export, and transportation of narcotics and precursor chemicals for national defense and security purposes shall be carried out in accordance with Articles 17 and 20 of this Decree. Depending on each case, the Minister of Public Security and the Minister of National Defense may decide to exclude certain conditions, standards, and specific documents that are less or not related to national defense and security activities or in urgent cases for national defense and security.

3. The permit-granting agencies under the Ministry of Public Security and the Ministry of National Defense shall be responsible for receiving applications, reviewing, evaluating, organizing verification activities, issuing permits, and monitoring and inspecting the import, export, and transportation of narcotics and precursor chemicals for national defense and security purposes by permitted units as stipulated.

4. Units permitted to import, export, and transport narcotics and precursor chemicals for national defense and security purposes shall be responsible for fully complying with regulations on such activities and shall be subject to monitoring, inspection, and supervision by competent authorities as provided in this Article, Article 17, Article 20 of this Decree, and relevant laws.

Article 26. Provisions on the storage, inventory, distribution, use, disposal, and exchange of narcotics and precursor chemicals for national defense and security purposes

1. Units authorized to conduct lawful activities related to narcotics for national defense and security purposes as stipulated in Article 23 of this Decree shall be responsible for:

a) Developing plans to organize the implementation of activities for the storage, inventory, distribution, use, disposal, and exchange of narcotics and precursor chemicals within their organizations to ensure absolute safety and shall bear legal responsibility for any errors or losses of these substances;

b) Complying with the monitoring, inspection, and supervision by competent authorities regarding the storage, inventory, distribution, use, disposal, and exchange of narcotics and precursor chemicals at their organizations.

2. Functional units under the Ministry of Public Security shall be responsible for coordinating with relevant functional agencies under other ministries and sectors to monitor, inspect, and supervise the storage, inventory, distribution, use, disposal, and exchange of narcotics and precursor chemicals for national defense and security purposes by units as stipulated in Clause 1 of this Article.

Article 27. Provisions on the importation of samples of narcotics for national defense and security purposes

1. Sources of sample narcotics for national defense and security purposes include:

a) Sample narcotics from imported sources;

b) Sample narcotics as evidence from drug-related criminal cases;

c) Sample narcotics as products from lawful activities related to narcotics for national defense and security purposes serving forensic examination, professional training in preventing and combating drug-related crimes, and training service animals.

2. Application files for importing sample narcotics shall include:

a) Documentation proving legitimate funding sources;

b) A planned budget approved by the competent authority;

c) Notification of donated goods (if applicable);

d) A letter requesting an import permit from the Institute of Criminal Science.

3. Procedures for granting permits to import sample narcotics

a) Based on the approved forecast of sample narcotics usage needs by the Ministry of Public Security, the Institute of Criminal Science shall prepare an application file for an import permit and submit it to the permit-granting agency for review;

b) Within ten working days from the date of receipt of the complete application file, the permit-granting agency shall be responsible for reviewing and issuing the import permit. The import permit for sample narcotics shall be made in five sets (each set consisting of one Vietnamese language copy and one English language copy), sent to the Institute of Criminal Science (two sets); the Customs Sub-Department handling the import procedures, the Ministry of Finance (General Department of Customs), and retained by the permit-granting agency one set each;

c) After obtaining the Import Permit, the Institute of Criminal Science shall proceed with the import procedures: Signing a contract with the approved agent for importation (in cases where the Ministry of Public Security, the Ministry of National Defense, or the Ministry of Finance allows purchase for use); coordinating with representatives of the donor to handle import procedures (if applicable).

4. Collection of sample narcotics for national defense and security purposes

a) The collection of sample narcotics as specified in point b, Clause 1 of this Article for forensic examination to serve the investigation, prosecution, and trial of drug-related criminal cases shall be carried out in accordance with the Criminal Procedure Code;

b) Annually or when there is a need to supplement sample narcotics for forensic examination, professional training in preventing and combating drug-related crimes, and training service animals, the Director of the Institute of Criminal Science shall propose the Minister of Public Security to approve a plan for collecting sample narcotics as products from lawful activities related to narcotics for national defense and security purposes. Units permitted to carry out production and import activities as stipulated in Clauses 1 and 2, Article 23 of this Decree shall be responsible for delivering sample narcotics to the Institute of Criminal Science, the Ministry of Public Security according to the approved plan.

Article 28. Provisions on the storage, distribution, and use of drug samples for national defense and security purposes

1. Drug samples must be stored and preserved at the national drug sample warehouses and intermediate drug sample warehouses.

a) The national drug sample warehouse is the place that receives samples from sources specified in Clause 1, Article 27 of this Decree, directly managed, preserved, and distributed to agencies authorized to use according to Point b, Clause 5, Article 23 of this Decree, by the Forensic Science Center under the Institute of Criminal Science, Ministry of Public Security.

b) Intermediate drug sample warehouses at agencies as stipulated in Point b, Clause 5, Article 23 of this Decree include: - Intermediate drug sample warehouses at provincial police departments and centrally-administered city police departments, which receive drug samples from the Institute of Criminal Science, Ministry of Public Security, directly managed and conducting forensic examinations, training in drug-related crime prevention techniques, and tracing the origin of drugs by the Criminal Technical Investigation Department of the provincial police department or centrally-administered city police department; - Intermediate drug sample warehouses at the Ministry of National Defense, Ministry of Finance (General Customs Department), which receive drug samples from the Institute of Criminal Science, Ministry of Public Security, directly managed and used for training and specialized narcotics detection animal training by specialized agencies responsible for drug-related crime prevention, training institutions for drug-related crime prevention personnel, and specialized narcotics detection animal training units under the Border Guard Force, Vietnam Coast Guard, and General Customs Department; - Intermediate drug sample warehouses at training institutions for drug-related crime prevention personnel under the Ministry of Public Security, which receive and directly manage drug samples from the Institute of Criminal Science, Ministry of Public Security, for training in drug-related crime prevention techniques; - Intermediate drug sample warehouses at the Mobile Police Command, which receive drug samples from the Institute of Criminal Science, Ministry of Public Security, directly managed and used for specialized narcotics detection animal training by the guidance and training unit.

2. The Institute of Criminal Science, Ministry of Public Security organizes the distribution and handover of drug samples according to approved plans, receives unused drug samples from units, monitors and checks their usage in units, and evaluates the quality of remaining drug samples stored in intermediate drug sample warehouses to propose appropriate handling measures as stipulated in Article 29 of this Decree.

3. Units using drug samples when they no longer need them must return them to the Institute of Criminal Science, Ministry of Public Security.

4. Units conducting activities as provided in Clause 1 of this Article shall be responsible for implementing provisions on the storage, distribution, and use of drug samples for national defense and security purposes as stipulated in Article 26 of this Decree.

Article 29. Provisions on the disposal of drug samples for national defense and security purposes

1. Annually, the Institute of Criminal Science, Ministry of Public Security conducts inspections and evaluations of the quality of remaining drug samples stored in intermediate drug sample warehouses and self-inspects and evaluates the quality of remaining drug samples stored in the national drug sample storage warehouse.

2. In cases of confusion or loss of drug samples, units must immediately report to the direct superior management agency. Upon receiving the report, the direct superior management agency must promptly conduct audits and verifications to take appropriate measures and submit reports to the Ministry of Public Security (through the Institute of Criminal Science).

3. When drug samples are stored in large quantities or deteriorate in quality after use or change due to preservation time, the Director of the Institute of Criminal Science must issue a written report to the Minister of Public Security regarding the condition of the samples (specifying name, quantity, concentration, content, reasons, and disposal methods) for review and establishment of a destruction committee.

4. The drug sample destruction committee includes: The leader of the Institute of Criminal Science as the Chairperson, members comprising representatives from the Supreme People's Procuracy, the Drug Crime Investigation Bureau, the person in charge of the national drug sample storage warehouse, and the Director of the Forensic Science Center, Institute of Criminal Science as the secretary.

5. The procedures and formalities for destroying drug samples are carried out in accordance with the criminal procedure law regulations on the destruction of evidence and must create minutes, take photographs, and retain files as stipulated by the Institute of Criminal Science, Ministry of Public Security.

Article 30. Budgeting, Documentation, Reporting System, and Funding for Importation and Sampling of Narcotics for National Defense and Security Purposes

1. Annually, units specified in point b, Clause 5, Article 23 of this Decree shall prepare plans and submit registration of the quantity of samples of narcotics to the Institute of Forensic Science, Ministry of Public Security before January 15th for consolidation, comparison with existing stock, and proposal to the Minister of Public Security for approval of the budget plan, distribution of sample narcotics, and importation and sampling plans for national defense and security purposes.

2. Units using sample narcotics must maintain a logbook for tracking usage. The Institute of Forensic Science must maintain a logbook for inventory entry, exit, transfer, and usage at the unit, and implement reporting and statistical systems as prescribed by the Ministry of Public Security. Related documents must be retained and managed according to regulations.

a) For samples of narcotics used for tracing origin, they must be handled strictly in accordance with regulations on origin tracing identification. A record or logbook must be established detailing the usage process, signed off by the analyst involved and the direct management leader.

b) Laboratories conducting identification using standard samples must maintain a logbook detailing the usage process, signed off by the analyst involved and the direct management leader.

c) Units using samples for vocational training, education, and animal training must establish a record documenting the condition and usage processes, signed off by the direct user and the direct management leader.

3. Periodically (every six months), units using samples must report on the usage situation of narcotic samples to the Institute of Forensic Science, Ministry of Public Security before July 15th (data from December 15th of the previous reporting period to June 14th of the current reporting period) and January 15th annually (from December 15th of the previous reporting period to December 14th of the current reporting period). The Institute of Forensic Science will compile results on importation, sampling, distribution, usage, destruction, and inventory of narcotic samples, and report to the Ministry of Public Security, Supreme People's Procuracy, and Supreme People's Court.

4. Funding for importation, sampling, and processing of narcotic samples is sourced from the regular state budget of the Ministry of Public Security. Funding to ensure storage conditions for narcotic samples is sourced from the regular state budget of relevant ministries, sectors, and localities.

Article 31. Responsibilities for Inspection, Supervision, and Handling Violations

1. Units engaged in lawful activities related to narcotics for national defense and security purposes are responsible for inspection, supervision, and handling violations within their authority and must consolidate reports to the Ministry of Public Security.

2. The specialized agency under the Ministry of Public Security responsible for preventing and combating drug-related crimes shall lead and coordinate with functional agencies of relevant ministries, sectors, and localities to conduct inspections, supervision, and propose or handle legal violations within their authority.

Section 4

DOCUMENTATION AND REPORTING SYSTEM FOR LEGAL ACTIVITIES RELATED TO DRUGS

Article 32. Documentation

1. Agencies, organizations, and individuals conducting lawful activities related to drugs as stipulated in Clause 1, Article 12 of the Law on Prevention and Control of Drugs must establish documentation in accordance with the regulations of the specialized management agency, which must include the following contents:

a) Agencies and organizations engaged in research, identification, and production must store data on quantity, quality, shelf life, production process; data on entry, exit, and inventory; and warehouse entry and exit forms.

b) Agencies, organizations, and individuals engaged in buying and selling, exporting, importing, temporary importation, re-exportation, temporary exportation, re-importation must store data on entry, exit, and inventory, and invoices, certificates, and related documents for each substance listed in the Government's Decree on Narcotics and Precursor Chemicals.

2. Documentation and certificates must be retained for the duration prescribed by the specialized management agency. Upon expiration of the retention period for records and certificates, the head of the unit is responsible for establishing a committee to destroy them and must prepare a record of the destruction.

Article 33. Reporting System

1. The Ministry of Public Security, Ministry of Industry and Trade, Ministry of Health, Ministry of Agriculture and Rural Development, and Ministry of National Defense are responsible for consolidating the situation of lawful activities related to drugs within their respective areas of management nationwide and implementing periodic reports every six months (data from December 15th of the previous reporting period to June 14th of the current reporting period)/annually (data from December 15th of the previous reporting period to December 14th of the current reporting period) to the Ministry of Public Security for consolidation and reporting.

2. The Ministry of Finance is responsible for consolidating the situation of importation, exportation, temporary importation, re-exportation, temporary exportation, re-importation, and transit through Vietnam of narcotics, precursors, addictive substances, psychotropic substances, precursor substances used in medicines, raw materials for medicines containing narcotic substances, and veterinary drugs containing narcotic substances and precursors nationwide (actual quantities, number of violation cases, methods of handling, and other related information) and implementing periodic reports every six months (data from December 15th of the previous reporting period to June 14th of the current reporting period)/annually (data from December 15th of the previous reporting period to December 14th of the current reporting period) to the Ministry of Public Security for consolidation and reporting.

3. Agencies, organizations, and individuals during the course of conducting lawful activities related to drugs must immediately report to the direct management agency in case of confusion, poisoning, or loss of these substances.

4. When narcotic substances, precursors, and veterinary drugs containing narcotic substances or precursors not covered by Article 21 of the Law on Prevention and Control of Drugs need to be disposed of, the managing unit must report to the superior agency, clearly stating the reasons and disposal method. Disposal can only be carried out upon written approval by the competent superior agency. The head of the unit must establish a disposal committee, prepare a disposal record, report to the direct superior management agency, and send it to the Ministry of Public Security for monitoring and management.

Article 34. Budget Planning

1. Agencies and organizations that have the need to import or export narcotic drugs and precursor chemicals listed in the schedules under international drug control conventions shall annually submit registration applications for their demand forecasts to the competent authorities within the relevant ministries.

2. The Ministry of Health, the Ministry of Industry and Trade, the Ministry of National Defense, and the Ministry of Agriculture and Rural Development shall compile the annual demand forecast for importing and exporting narcotic drugs and precursor chemicals as stipulated in Clause 1 of this Article according to the format of the United Nations Office on Drugs and Crime's budget planning form and send it to the Ministry of Public Security before March 31 each year. In cases where the demand exceeds the forecast or there are other changes, the respective ministries shall notify the Ministry of Public Security in writing to register additional demands before May 31 and September 30 of the registration year.

3. The Ministry of Public Security shall consolidate, review, and compare the previous year’s demand and import/export results, register the demand with the United Nations Office on Drugs and Crime, and notify the pre-export information to other countries as required; at the same time, it shall send the Ministry of Finance (General Department of Customs) for coordination and monitoring.

Section 5

COORDINATION AND CONTROL OF LEGAL ACTIVITIES RELATED TO DRUGS

Article 35. Content and Mechanism for Coordination and Control of Legal Activities Related to Drugs

1. Coordination and control of research, testing, certification, production, transportation, storage, stockpiling, purchase, distribution, use, disposal, exchange of narcotic drugs, precursors, addictive substances, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic drugs and precursors.

a) The Ministry of Public Security shall take the lead and coordinate with units and localities to monitor, inspect, and supervise the research and production activities of narcotic drugs and precursors in accordance with regulations;

b) The Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Finance (General Department of Customs), and the Ministry of National Defense, within their respective functions, tasks, and granted powers, shall be responsible for leading and coordinating with the Ministry of Public Security to guide and inspect the functional agencies of localities to control the storage, stockpiling, purchase, distribution, use, disposal, and exchange of narcotic drugs, precursors, addictive substances, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic drugs and precursors of entities engaged in production, import, export, temporary importation for re-export, and temporary exportation for re-importation;

c) People's Committees of provinces and centrally governed cities, within their respective functions, tasks, and granted powers, shall be responsible for directing functional agencies to cooperate in implementing the supervision of transportation, storage, stockpiling, purchase, distribution, use, disposal, and exchange of narcotic drugs, precursors, addictive substances, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic drugs and precursors in their localities.

2. Coordination and control of import, export, temporary import for re-export, temporary export for re-import, and transit of narcotic drugs, precursors, addictive substances, psychotropic substances, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used in drugs, and veterinary drugs containing narcotic drugs and precursors.

a) Coordination and control in advance notification of export for the import of precursors from abroad (applicable to imports from countries participating in Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances): Based on the import permit issued by the relevant ministries sent to the Ministry of Public Security or information about the import permit on the National Single Window Portal, within two working days from the date of receipt of the export country's notification, the Ministry of Public Security shall be responsible for responding to the exporting country regarding the legality of the consignment. If the Ministry of Public Security does not receive the import permit for the notified consignment, it shall be responsible for requesting the exporting country to temporarily suspend the export of the consignment to Vietnam and send the Ministry of Finance (General Department of Customs) for monitoring;

b) Coordination and control in advance notification of export for the export of precursors from Vietnam to foreign countries (applicable to exports to countries participating in Article 12 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances), including both single substances and mixtures; Within three working days from the date of receipt of the application and valid documentation for the export permit, the competent authority issuing the permit shall send the Ministry of Public Security information about the name and address of the organization applying for the export permit; the name, concentration, quantity of precursors; the name and address of the importing organization; the name of the customs checkpoint through which the export goods will pass to issue the advance notification of export for the consignment to the competent authority of the importing country. Within two working days from the date of receipt of the information from the competent authority issuing the permit, the Ministry of Public Security shall be responsible for issuing the advance notification of export for the consignment applying for the export permit. Within two working days from the date of receipt of feedback from the competent authority of the importing country, the Ministry of Public Security shall be responsible for responding to the issuing authority to decide whether to grant or deny the export permit according to its authority and send the Ministry of Finance (General Department of Customs) for monitoring;

c) Cooperate to control the importation activities of narcotics, precursors, raw materials for medicines that are addictive pharmaceutical substances, psychotropic pharmaceutical substances, precursors used in medicines from abroad into Vietnam; Based on the report of the Ministry of Finance (General Department of Customs) regarding the actual quantity imported of narcotics, precursors, raw materials for medicines that are addictive pharmaceutical substances, psychotropic pharmaceutical substances, and precursors used in medicines as stipulated in Clause 2, Article 33 of this Decree, the Ministry of Public Security shall take the lead and cooperate with the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of National Defense to evaluate the import results of the year and the import demand for narcotics and precursors for the following year to compile and announce the import results and forecast registration with the United Nations International Narcotics Control Board as prescribed.

d) Cooperate to control the temporary importation, re-exportation, temporary exportation, re-importation of narcotics, precursors, raw materials for medicines that are addictive pharmaceutical substances, psychotropic pharmaceutical substances, and precursors used in medicines; Within the latest three working days from the date of receiving the application file for a permit for temporary importation, re-exportation, temporary exportation, or re-importation of narcotics, precursors, or raw materials for medicines that are addictive pharmaceutical substances, psychotropic pharmaceutical substances, and precursors used in medicines, the Ministry of Industry and Trade shall be responsible for sending the Ministry of Public Security information about the name and address of the enterprise applying for the permit; the name, quantity, and concentration of narcotics and precursors; the name and address of the importing or exporting organization; the time and name of the customs checkpoint through which the goods temporarily imported, re-exported, temporarily exported, or re-imported pass to implement pre-export notification; Within the latest two working days from the date of receiving the request information from the Ministry of Industry and Trade, the Ministry of Public Security shall be responsible for implementing the pre-export notification for the consignment requesting the permit. Within the latest two working days from the date of receiving feedback from the importing country, the Ministry of Public Security shall be responsible for replying to the issuing authority to decide whether to issue or not to issue a permit for temporary importation, re-exportation, temporary exportation, or re-importation within its jurisdiction and send it to the Ministry of Finance (General Department of Customs) for monitoring.

The Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of National Defense within their respective functions, tasks, and granted authorities shall implement the issuance of permits for the importation, exportation, temporary importation, re-exportation, temporary exportation, re-importation, transshipment of narcotics, precursors, narcotic drugs, psychotropic drugs, drug precursors, raw materials for medicines that are addictive pharmaceutical substances, psychotropic pharmaceutical substances, and precursors used in medicines, and veterinary drugs containing narcotics and precursors. Within the latest three working days from the date of issuing the permit, the issuing authority shall be responsible for sending the importation, exportation, temporary importation, re-exportation, temporary exportation, re-importation, and transshipment permits to the agency, organization, or individual requesting the permit, the Customs Sub-department handling the customs procedures for imported, exported, temporarily imported, re-exported, temporarily exported, re-imported, and transshipped goods, and the Ministry of Finance (General Department of Customs) and the Ministry of Public Security for monitoring and management.

4. Coordinate to exchange information on controlling legitimate activities related to narcotics.

a) The Ministry of Public Security is the main agency to exchange information on controlling legitimate activities related to narcotics with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Finance (General Department of Customs), the Ministry of National Defense, localities, relevant countries, and the United Nations International Narcotics Control Board through the Legal Activities Related to Narcotics Data Center (hereinafter referred to as the Data Center) located at the Ministry of Public Security. The Data Center is directly managed, operated, accessed, updated, exploited, processed, and exchanged information with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Finance (General Department of Customs), the Ministry of National Defense, localities, relevant countries, and the United Nations International Narcotics Control Board using the system management software for drug prevention and control data; the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Finance (General Department of Customs), the Ministry of National Defense, and the People's Committees of provinces and centrally-administered cities have separate accounts and passwords provided by the Ministry of Public Security to access, update, exploit, and exchange information at the Data Center, except for business-related information prescribed by the Ministry of Public Security; In case of needing information or documents outside the scope of the Data Center to serve the control of legitimate activities related to narcotics, the cooperating agencies shall be responsible for exchanging and providing information or documents according to the request of the requesting agency. If refusing to provide information or documents, the requested agency must reply in writing and clearly state the reasons for refusal.

b) The Ministry of Public Security shall be responsible for notifying relevant ministries, sectors, and localities of information on the methods and tricks of criminal activities and other related information during the process of controlling legitimate activities related to narcotics so that ministries, sectors, and localities can take proactive measures to effectively prevent and combat them.

c) The Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Finance (General Department of Customs), and the Ministry of National Defense shall be responsible for: Collecting and managing information on lawful activities related to narcotics within their respective functions, tasks, and granted authorities; Providing necessary information relevant to the control of lawful activities related to narcotics to the Data Center through accessing and updating data via the drug prevention and control data management system; specifically, for import, export, temporary import, re-export, temporary export, re-import, and transit permits for narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, raw materials for addictive drugs, psychotropic drugs, precursors used in medicinal products, and veterinary medicines containing narcotic substances and precursors, they must submit original copies; Timely exchanging and providing information with the Ministry of Public Security to take preventive, blocking, and handling measures when receiving tips, documents, or discovering violations in the control of lawful activities related to narcotics.

d) The Ministry of Finance (General Department of Customs) ensures the connection of data and operation of the Data Center with the national single window portal. The Ministry of Finance (General Department of Customs) provides separate accounts and passwords for the Data Center to access, update, exploit, and exchange information about export, import, temporary import, re-export, temporary export, re-import, and transit permits at the national single window portal.

đ) Provincial People's Committees under the central government, within their respective functions, tasks, and granted authorities, shall be responsible for directing competent agencies to regularly exchange information among themselves regarding the control of lawful activities related to narcotics in their localities.

5. Coordinating monitoring, inspecting, and supervising lawful activities related to narcotics

a) The Ministry of Public Security shall be responsible for leading and coordinating with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Finance (General Department of Customs), and the Ministry of National Defense to guide, monitor, inspect, and supervise agencies, organizations, individuals, and localities in implementing regulatory legal documents on the control of lawful activities related to narcotics to prevent and block the misuse of such activities for illegal purposes.

b) Ministries within their respective tasks and authorities shall be responsible for organizing the implementation of assigned tasks and conducting inspections and audits on the implementation of regulations concerning the control of lawful activities related to narcotics by agencies, organizations, and individuals; handling violations according to the law within their authority, and transferring cases with criminal indications to the Ministry of Public Security for investigation and handling.

c) Provincial People's Committees under the central government, within their respective functions, tasks, and granted authorities, shall be responsible for directing competent agencies to guide, inspect, and supervise agencies, organizations, and individuals in implementing regulatory legal documents on the control of lawful activities related to narcotics to prevent and block the misuse of such activities for illegal purposes. Conducting inspections and audits on the implementation of regulations concerning the control of lawful activities related to narcotics by agencies, organizations, and individuals; handling violations according to the law within their authority, and transferring cases with criminal indications to provincial public security organs for investigation and handling.

Article 36. Inter-ministerial Task Force to Coordinate Supervision of Legal Activities Related to Narcotics at All Levels

1. The inter-ministerial task force to coordinate supervision of legal activities related to narcotics at the central level.

a) The inter-ministerial task force to coordinate supervision of legal activities related to narcotics at the central level shall be established by the Ministry of Public Security, which decides on the issuance of regulations and directs the operations of the task force.

b) The tasks of the inter-ministerial task force to coordinate supervision of legal activities related to narcotics at the central level include organizing propaganda, guidance, training, urging, monitoring, inspecting, and supervising agencies, organizations, individuals, and localities in implementing legal documents concerning the supervision of legal activities related to narcotics with the aim of preventing and stopping the misuse of such activities for illegal purposes. Detecting, preventing, and recommending competent authorities to handle violations according to the law.

2. The inter-ministerial task force to coordinate supervision of legal activities related to narcotics at provincial and centrally-administered city levels.

a) The inter-ministerial task force to coordinate supervision of legal activities related to narcotics at provincial and centrally-administered city levels shall be established by the People's Committees of provinces and centrally-administered cities, which decide on the issuance of regulations and direct the operations of the task force.

b) The tasks of the inter-ministerial task force to coordinate supervision of legal activities related to narcotics at provincial and centrally-administered city levels include organizing propaganda, guidance, training, monitoring, inspecting, and supervising agencies, organizations, and individuals within their respective provinces and cities in implementing legal documents concerning the supervision of legal activities related to narcotics with the aim of preventing and stopping the misuse of such activities for illegal purposes. Detecting, preventing, and recommending competent authorities to handle violations according to the law.

Chapter IV

MANAGEMENT OF ILLEGAL DRUG USERS

Article 37. Persons Subject to Management

Persons subject to management are those who have engaged in the illegal use of narcotic substances but do not fall under the circumstances specified in Clause 5 of Article 23 of the Law on Prevention and Control of Narcotics.

Article 38. Grounds for Testing Individuals Suspected of Illegally Using Narcotic Substances

1. An individual suspected of illegally using narcotic substances when there is one of the following grounds:

a) Information reported or accused by individuals, agencies, or organizations that has been verified by competent authorities;

b) Information and documents from cases of law violations;

c) Individuals showing signs of impaired cognitive or behavioral control suspected due to drug use;

d) Evidence of narcotic substances or tools for illegal drug use found on the person, means of transportation, or residence of the individual;

đ) Individuals driving vehicles showing signs of stimulant use suspected to be drugs;

e) Individuals present at locations where acts of organizing, harboring, or illegally using narcotic substances occur without legitimate reasons;

g) Individuals self-reporting illegal drug use;

h) Individuals caught in the act of illegally using narcotic substances;

i) Other grounds as prescribed by law.

2. When there are grounds to believe that an individual suspected of illegally using narcotic substances as stipulated in Clause 1 of this Article, the agency or person authorized to test for narcotic substances in the body as prescribed in Clause 2 of Article 22 of the Law on Prevention and Control of Narcotics shall conduct testing. The results of the testing for narcotic substances in the body shall be carried out according to Model No. 03 attached to this Decree).

Article 39. Funding for the Implementation of Measures to Manage Individuals Illegally Using Narcotic Drugs

1. The funding for organizing drug testing in the body as stipulated in Clause 2, Article 38 of this Decree includes:

a) Costs for drug testing tools in the body;

b) Costs for transporting individuals undergoing drug testing in the body to the testing location;

c) Costs for requesting specialized agencies to conduct drug testing in the body (if applicable).

2. The funding for determining the addiction status when discovering individuals illegally using narcotic drugs under circumstances requiring determination of addiction status as stipulated in Clause 8, Article 27 of the Drug Prevention and Control Law includes:

a) Costs for transporting individuals proposed for addiction status determination to the location for addiction status determination and costs for food and lodging of such individuals during the monitoring period to determine addiction status (excluding cases where individuals are temporarily detained for addiction status determination);

b) Costs for requesting healthcare facilities to conduct addiction status determination.

3. The funding during the management process of individuals illegally using narcotic drugs includes:

a) Costs for transferring individuals illegally using narcotic drugs and related files to the People's Committee at the commune level with authority to manage;

b) Costs for supporting individuals not entitled to salary from the state budget but directly assigned to assist individuals under the management period as stipulated in Point c, Clause 2, Article 42 of this Decree;

4. The funds specified in Clauses 1, 2, and 3 of this Article shall be guaranteed by the state budget according to the current budget classification and other legitimate sources of funding. The People's Committee at the provincial level shall be responsible for submitting to the Provincial People's Council to allocate funds from the local budget for competent agencies to implement tasks specified in Clauses 1, 2, and 3 of this Article in accordance with the State Budget Law.

5. The level of support for individuals assigned to assist as stipulated in Point b, Clause 3 of this Article shall be decided by the Provincial People's Council but shall not be less than 25% of the basic wage.

Article 40. Collection of Information and Documents to Establish Management Files for Individuals Illegally Using Narcotic Drugs

1. When the drug testing result as stipulated in Clause 2, Article 38 of this Decree is positive, the public security agency where the individual illegally using narcotic drugs was discovered shall be responsible for:

a) Verifying the place of residence of the individual illegally using narcotic drugs as stipulated in Article 41 of this Decree;

b) Sending a notification about the illegal use of narcotic drugs to the Chairman of the People's Committee at the commune level where the individual illegally using narcotic drugs resides or where the illegal use of narcotic drugs was discovered if the individual does not have a stable place of residence, using Model No. 04 attached to this Decree to organize the management of individuals illegally using narcotic drugs and establish a management file for individuals illegally using narcotic drugs.

2. The management file for individuals illegally using narcotic drugs shall include the following documents:

a) Decision on applying measures to manage individuals illegally using narcotic drugs according to Model No. 07 attached to this Decree;

b) Summary of the criminal record of the individual illegally using narcotic drugs according to Model No. 05 attached to this Decree; results of verifying the place of residence of the individual illegally using narcotic drugs;

c) Drug testing result sheet in the body according to Model No. 03 attached to this Decree;

d) Documents and minutes regarding the illegal use of narcotic drugs; documents about previous instances of illegal use of narcotic drugs or rehabilitation of the violator (if any);

đ) Statement of the individual illegally using narcotic drugs according to Model No. 06 attached to this Decree;

e) In cases where the individual falls under the category specified in Clause 1, Article 27 of the Drug Prevention and Control Law, there must be a result of non-addiction status determination of the subject.

3. The communal-level public security agency shall be responsible for assisting the Chairman of the People's Committee at the commune level in collecting documents to establish a management file for individuals illegally using narcotic drugs.

Article 41. Verification of Place of Residence and Submission of Files

1. Within a maximum period of three working days from the date of discovering a person using narcotics illegally, the police agency where the illegal use of narcotics was discovered shall be responsible for verifying the place of residence of the person using narcotics illegally. For areas that are mountainous regions, islands, remote, and isolated areas where travel is difficult, the verification period may be extended but shall not exceed ten working days from the date of discovering the person using narcotics illegally.

2. Criteria for determining a person with a stable place of residence:

a) A person with a stable place of residence is someone currently living at their registered permanent or temporary residence.

b) In cases where it is impossible to determine the registered permanent or temporary residence, the stable place of residence is the current place of residence according to Clause 1, Article 19 of the Law on Household Registration and Residency, and the time of continuous residence must be thirty days or more, confirmed by the Head of the Police Station at the commune level.

3. Criteria for determining a person without a stable place of residence:

a) A person who has registered permanent or temporary residence but does not live at the registered permanent or temporary residence, confirmed by the Head of the Police Station at the commune level where the registered permanent or temporary residence is located regarding the fact that the person does not reside at the registered permanent or temporary residence and does not know where the person is residing.

b) Family members as defined by laws on marriage and family provide information to competent authorities stating they do not know where the person is currently residing or what the person is doing, and the police authority searches data in the National Population Database, the Residency Database, the Archive System of Residency Files, and the Archive System of Identity Cards also cannot determine where the person is residing.

c) A person who does not have either a permanent or temporary residence and whose time of residence at the current place of residence is less than thirty days.

4. The verification of place of residence and the response to verification of residency shall be carried out in accordance with the provisions of the law on residency and guidelines issued by the Ministry of Public Security.

5. In cases where a person using narcotics illegally has a stable place of residence, within three working days from the date of receiving the verification results, the police agency where the illegal use of narcotics was discovered shall notify the act of using narcotics illegally and send related documents to the Chairman of the People's Committee at the commune level where the person using narcotics illegally resides stably.

6. In cases where a person using narcotics illegally does not have a stable place of residence, within three working days from the date of receiving the verification results, the police agency where the illegal use of narcotics was discovered shall notify the act of using narcotics illegally and related documents to the Chairman of the People's Committee at the commune level where the illegal use of narcotics was discovered.

Article 42. Decision on Management of Persons Using Narcotics Illegally

1. Within three working days from the date of receiving notification about the act of using narcotics illegally and the test results for narcotics in the body, the Chairman of the People's Committee at the commune level where the person using narcotics illegally resides stably or where the illegal use of narcotics was discovered for persons without a stable place of residence shall issue a decision and organize the management of persons using narcotics illegally in accordance with Clause 2 and Clause 4, Article 23 of the Law on Prevention and Control of Narcotics.

2. The decision to apply measures to manage persons using narcotics illegally shall be implemented according to Model No. 07 attached to this Decree, specifying:

a) Summary of the act of using narcotics illegally; positive test result for narcotics in the body; determination of non-addiction status (if applicable).

b) Assignment of the Police Station at the commune level to compile a list of persons using narcotics illegally managed locally and to organize the testing of narcotics in the body during the management period.

c) Assignment of the Management Team for Persons Using Narcotics Illegally, headed by a police officer from the Police Station at the commune level, with a representative from the village/township as Deputy Team Leader; a representative from the family of the person using narcotics illegally or a reputable person from the lineage, a representative from political-social organizations (based on the background of the person using narcotics illegally), and a social worker (if applicable) as team members; assignment of one member of the Management Team to directly implement counseling, encouragement, education, and assistance to persons using narcotics illegally.

3. The decision on managing persons using narcotics illegally takes effect from the date of signing.

4. The decision on managing persons using narcotics illegally shall be kept in the file for managing persons using narcotics illegally one copy, sent to the person being managed one copy, sent to the Police Station at the commune level as Team Leader one copy, and sent one copy to the family representative to participate in management.

Article 43. Duration of Management and Calculation of Management Duration

1. The duration of managing individuals who illegally use narcotic drugs is one year, starting from the date the Chairman of the People's Committee at the commune level issues the Management Decision.

2. During the management period, if an individual under management is found to continue using narcotic drugs illegally without falling under the cases stipulated in Clause 5, Article 23 of the Law on Prevention and Control of Narcotic Drugs, the Chairman of the People's Committee at the commune level with authority shall issue a new Management Decision, specifying the management duration as one year, starting from the date of issuance of the new Management Decision.

3. In the case where an individual under management changes their place of residence during the management period, the management duration will be calculated continuously from the date of relocation until the remaining management time expires.

Article 44. Content of Management

1. The purpose of managing individuals who illegally use narcotic drugs is to prevent them from continuing to use narcotic drugs illegally and to prevent their violations of the law.

2. Content of management:

a) Testing for narcotic drugs in the body of individuals who illegally use narcotic drugs during the management period;

b) Providing psychological counseling and changing the attitude of individuals who illegally use narcotic drugs so that they have a positive and proactive attitude towards avoiding narcotic drugs;

c) Educating about laws on prevention and control of narcotic drugs, the harms of narcotic drugs, and other contents based on personal characteristics;

d) Encouraging and assisting individuals who illegally use narcotic drugs to participate in community activities, self-management activities, physical exercise and sports activities, social welfare movements to improve their health, life skills, and prevent violations of the law.

3. For individuals who illegally use narcotic drugs under 18 years old, it must ensure their cultural education, and those assigned to provide counseling, encouragement, education, and assistance must involve teachers from the school they attend or the Young Pioneer team, Youth Union.

Article 45. Testing for Narcotic Drugs in the Body During the Management Period

1. The police station at the commune level where the individual who illegally uses narcotic drugs is managed shall carry out or request relevant agencies or experts to conduct testing for narcotic drugs in the body of individuals who illegally use narcotic drugs during the management period.

2. Testing for narcotic drugs in the body shall be conducted unexpectedly for individuals within the management period when the police station at the commune level has grounds as specified in Clause 1, Article 38 of this Decree.

Article 46. Provisions on Testing for Narcotic Drugs in the Body

1. For individuals required to undergo testing for narcotic drugs in the body, the agency or person authorized to test for narcotic drugs in the body shall invite such individuals to the testing location to conduct the test. If such individuals refuse to cooperate in the testing process, the police station shall summon them to the testing location to collect samples for testing for narcotic drugs in the body. Individuals required to undergo testing for narcotic drugs in the body must be present when requested by the police station.

2. Methods of collecting samples for testing for narcotic drugs in the body include blood collection, urine collection, catheterization, or other body samples.

3. Waiting rooms and sample collection areas must be divided into separate zones for males and females. Where there are no separate waiting rooms, arrangements should be made for males and females to stand separately, and the sample collection area must have separate male and female rooms. Urine collection must be supervised by staff of the same gender.

4. In the case of collecting samples from individuals under 18 years old, consent from parents, guardians, or legal representatives is required, except for urine collection.

Article 47. Management of persons using narcotics illegally when transferring to a new place of residence

1\. At least once a month, the police station of the commune where the person using narcotics illegally is managed must check and update the place of residence of the person under management.

2\. When a person using narcotics illegally changes their place of residence, the police station of the commune where they are moving to shall cooperate with the police station of the commune where they are currently being managed to verify information. After verification, the police station of the commune where the person is currently being managed shall notify the Chairman of the People's Committee of the commune where the person is currently being managed. Within five working days from the date the person moves to the new place of residence, the Chairman of the People's Committee of the commune where the person moved from shall notify and transfer the management file of the person using narcotics illegally according to Form No. 08 attached to this Decree to the Chairman of the People's Committee of the commune where the person is moving to for continued management.

3\. The police station has the responsibility to regularly update the place of residence of persons using narcotics illegally into the database on residence and the national population database.

Article 48. Suspension and termination of management of persons using narcotics illegally

1\. The Chairman of the People's Committee of the commune where the person is currently being managed shall issue a Decision to suspend the management of persons using narcotics illegally in cases prescribed in Clause 5, Article 23 of the Law on Prevention and Control of Narcotics according to Form No. 09 attached to this Decree.

2\. The Chairman of the People's Committee of the commune where the person is being managed shall issue a Decision to terminate the management of persons using narcotics illegally upon completion of the management period without discovering that the person being managed has engaged in illegal use of narcotics according to Form No. 10 attached to this Decree.

3\. Within three working days from the date of issuing the Decision as stipulated in Clauses 1 and 2 of this Article, the Chairman of the People's Committee of the commune shall send the Decision to the agencies, organizations, individuals specified in Point c, Clause 2 and Clause 4, Article 42 of this Decree.

Article 49. Management and storage of management files of persons using narcotics illegally

The police station responsible for establishing the file shall be responsible for managing and storing the files of persons using narcotics illegally in accordance with the regulations of the Ministry of Public Security.

Chapter V

RESPONSIBILITIES OF THE AGENCIES

Article 50. Ministry of Public Security

1\. Direct specialized agencies under the People's Public Security force to actively coordinate closely with specialized agencies under the Border Guard, Border Police, and Customs to implement preventive activities, combat, prevent, investigate, and handle drug-related crimes.

2\. Take the lead and coordinate with ministries, ministerial-level agencies, and government agencies to uniformly manage state control over lawful activities related to narcotics.

a\. Summarize plans and results of implementing long-term and annual comprehensive plans on controlling lawful activities related to narcotics by ministries, sectors, localities, and report.

b\. Guide, urge, and inspect agencies, organizations, individuals, and localities to implement regulatory legal documents on controlling lawful activities related to narcotics within their areas of management to prevent and stop such activities from being exploited for illegal purposes.

3\. Issue and organize the implementation of documents within the authority of the Ministry of Public Security regarding the control of lawful activities related to narcotics for national defense and security purposes.

4\. Develop and organize the implementation of regulations, plans, training, and capacity building for cadres, and conduct national statistics on importing, sampling, managing, and using samples of narcotic substances.

5\. Direct specialized agencies under the People's Public Security force to perform tasks of permitting activities as prescribed in Clause 1, Article 14, Clause 1, Article 19, and Clause 1, Article 23 of this Decree; conduct national statistics, international cooperation on controlling lawful activities related to narcotics, and manage and operate the Data Center for Controlling Lawful Activities Related to Narcotics; continuously perform the tasks of the Inter-Ministerial Working Group for Coordinating Control of Lawful Activities Related to Narcotics at the central level and guide, inspect the Inter-Ministerial Working Group for Coordinating Control of Lawful Activities Related to Narcotics of provinces and centrally-administered cities to perform tasks as prescribed in this Decree.

6\. Direct public security forces at all levels to perform and coordinate with relevant agencies and organizations to detect and manage persons using narcotics illegally.

7\. Guide the police stations to establish lists of persons using narcotics illegally.

Article 51. Ministry of National Defense

1. Direct the specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard to implement preventive activities; prevent drugs from illegally entering Vietnam; promptly detect and arrest drug-related criminals occurring in border areas in accordance with the law; closely coordinate with specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security, Coast Guard, Customs, and other relevant agencies in preventive work and fighting drug-related crimes.

2. Direct the specialized agencies responsible for preventing and combating drug-related crimes under the Vietnam Coast Guard to implement preventive, combat, and blocking activities, investigations, and handling of drug-related crimes at sea; closely coordinate with specialized agencies responsible for preventing and combating drug-related crimes under the Border Guard, Customs, Public Security, local authorities, organizations, and other relevant agencies in implementing preventive and combat activities against drug-related crimes.

3. Issue and revoke permits for importing and exporting precursor chemicals for national defense purposes within the authority stipulated in Clause 2, Article 23, and implement regulations on coordinating control over legitimate activities related to drugs as provided in this Decree.

4. Coordinate with relevant agencies of other countries to detect and prevent illegal buying, selling, and transporting of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors across borders in accordance with the law.

Article 52. Ministry of Finance

1. Direct the specialized agencies responsible for preventing and combating drug-related crimes under Customs to take the lead and coordinate with specialized agencies responsible for preventing and combating drug-related crimes under the People's Public Security, Border Guard, and Coast Guard in inspection, supervision, detection, and coordination with functional forces in handling violations of the law and drug-related crimes within the Customs area of operation.

2. Take the lead and aggregate to submit to the competent authority for approval the budget estimate ensuring cooperation and control over legitimate activities related to drugs into the regular state budget expenditure plan of the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, and other relevant ministries and sectors in accordance with the current provisions of the State Budget Law.

3. Direct the Customs agency to perform customs procedures and customs inspection and supervision systems for import, export, temporary import for re-export, temporary export for re-import, and transit through Vietnamese territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors in accordance with the Customs Law; implement regulations on coordinating control over legitimate activities related to drugs as provided in this Decree.

Article 53. Ministry of Health

Implement regulations on coordinating control over legitimate activities related to drugs as provided in this Decree.

Article 54. Ministry of Industry and Trade

1. Perform state management functions regarding research, testing, production, business, and use of industrial precursors in accordance with the Drug Prevention and Control Law, Chemicals Law, and other relevant laws.

2. Issue and revoke permits for activities stipulated in Clause 2, Article 19, and implement regulations on coordinating control over legitimate activities related to drugs as provided in this Decree.

Article 55. Ministry of Agriculture and Rural Development

1. Perform state management functions regarding veterinary drugs containing narcotic substances and precursors in accordance with the Law on Prevention and Control of Narcotics, the Law on Animal Health, and related regulatory legal documents.

2. Issue a list of veterinary drugs containing narcotic substances and precursors and a list of narcotic substances and precursors that are raw materials for veterinary drugs containing narcotic substances and precursors.

3. Grant and revoke permits for activities specified in Clause 2, Article 14, Clause 3, Article 19, and implement regulations on coordinating control over lawful activities related to narcotics as provided for in this Decree.

Chapter VI

IMPLEMENTATION

Article 56. Implementation Funding

The funding for the implementation of cooperative activities of specialized agencies in preventing and combating drug-related crimes, controlling lawful activities related to narcotics, and managing persons using narcotics illegally shall be guaranteed from the State budget and allocated in the regular expenditure budget of ministries, central agencies, and localities in accordance with the laws on the State Budget.

Article 57. Effectiveness

1. This Decree takes effect from January 1, 2022.

2. The following documents shall cease to be effective from the date this Decree takes effect:

a) Government Decree No. 80/2001/NĐ-CP dated November 5, 2001, guiding the control of lawful activities related to narcotics within the country;

b) Government Decree No. 58/2003/NĐ-CP dated May 29, 2003, stipulating the control of import, export, and transit through Vietnam's territory of narcotic substances, precursors, addictive drugs, and psychotropic drugs;

c) Government Decree No. 45/2009/NĐ-CP dated May 13, 2009, guiding the importation, sampling, and management of use of samples of narcotic substances, precursors, addictive drugs, and psychotropic drugs for national defense and security purposes;

d) Decision No. 133/2002/QĐ-TTg dated October 9, 2002, of the Prime Minister promulgating the Regulation on coordination between police forces, border guard forces, maritime police, and customs in combating drug-related crimes at border areas, checkpoints, and on the sea;

đ) Decision No. 52/2011/QĐ-TTg dated September 21, 2011, of the Prime Minister promulgating the Regulation on coordination in controlling lawful activities related to narcotics.

Article 58. Transitional Provisions

1. Applications for permission to research and produce narcotic substances and precursors and veterinary drugs containing narcotic substances and precursors received before the effective date of this Decree shall continue to be processed according to the provisions of Government Decree No. 80/2001/NĐ-CP dated November 5, 2001, guiding the control of lawful activities related to narcotics within the country at the time of receipt, except where the agency, organization, or individual submitting the application requests implementation according to the provisions of this Decree.

2. Applications for permission to engage in import, export, and transit through Vietnam's territory of narcotic substances, precursors, addictive drugs, and psychotropic drugs received before the effective date of this Decree shall continue to be processed according to the provisions of Government Decree No. 58/2003/NĐ-CP dated May 29, 2003, stipulating the control of import, export, and transit through Vietnam's territory of narcotic substances, precursors, addictive drugs, and psychotropic drugs at the time of receipt, except where the agency or organization submitting the application requests implementation according to the provisions of this Decree.

Article 59. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, and relevant organizations and individuals are responsible for guiding and implementing this Decree.