Decree No. 109/2021/NĐ-CP stipulates medical facilities meeting the conditions to determine drug addiction status and files, procedures; formalities for determining drug addiction status.

DECREE

Regulations on medical facilities meeting the conditions to determine drug addiction statusand files, procedures for determining the drug addiction status drug addiction DRUG ADDICTION; RECORDS, PROCEDURES, AND FORMALITIES FOR DETERMINATION

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

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

At the proposal of the Minister of Health;

The Government promulgates this Decree stipulating medical facilities meeting the conditions to determine drug addiction status and the files, procedures for determining the drug addiction status as prescribed in Clause 6, Article 27 of the Law on Prevention and Control of Drugs dated March 30, 2021.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates medical facilities meeting the conditions to determine drug addiction status (hereinafter referred to as medical facilities meeting the conditions) and the files, procedures for determining the drug addiction status as prescribed in Clause 6, Article 27 of the Law on Prevention and Control of Drugs dated March 30, 2021.

2. This Decree applies to agencies, organizations, and individuals related to the determination of drug addiction status.

Article 2. Location for Determining Drug Addiction Status

1. Individuals voluntarily determining their drug addiction status may choose a medical facility meeting the conditions to conduct the determination of drug addiction status.

2. The location for determining drug addiction status for individuals proposed to have their drug addiction status determined under the cases specified in points a, b, c, and d of Clause 1, Article 27 of the Law on Prevention and Control of Drugs shall be carried out as follows:

a) The location for determining drug addiction status shall be conducted at the administrative detention facility for individuals detained according to administrative procedures as prescribed in the Law on Handling Administrative Violations.

b) The location for determining drug addiction status shall be conducted at a medical facility meeting the conditions or a location agreed upon by the police and the medical facility for individuals not detained according to administrative procedures. The police shall cooperate with the medical facility to ensure all necessary conditions for conducting the determination of drug addiction status at the selected location.

Chapter II

MEDICAL FACILITIES MEETING THE CONDITIONS TO DETERMINE DRUG ADDICTION STATUS; FILES, PROCEDURES FOR DETERMINING DRUG ADDICTION STATUS STATUS OF DRUG ADDICTION TRẠNG THÁI NGHIỆN MA TÚY

Article 3. Medical Facilities Meeting the Conditions to Determine Drug Addiction Status

Medical facilities conducting the determination of drug addiction status must meet the following conditions:

1. They must be healthcare facilities with a license to operate in specialized medical activities such as internal medicine, psychiatry, drug rehabilitation treatment, or methadone maintenance treatment; forensic psychiatric examination facilities.

2. Doctors determining drug addiction status must hold a certificate to practice in internal medicine, general medicine, psychiatry, or traditional Chinese medicine. In cases where doctors hold certificates to practice in general medicine, internal medicine, or traditional Chinese medicine, they must also complete a training course on determining drug addiction status provided by a training institution.

3. Infrastructure and equipment must be adequate to perform the professional procedures for determining drug addiction status, consistent with the organizational form and scope of specialized medical activities as prescribed in Clause 1 of this Article.

Article 4. Files, Procedures for Determining Drug Addiction Status for Individuals Voluntarily Determining Their Drug Addiction Status

1. The file for determining drug addiction status includes:

a) A request form for determining drug addiction status according to Model No. 01 stipulated in the Appendix attached to this Decree (hereinafter referred to as the Request Form). In cases where individuals are under 18 years old, lack civil capacity, are restricted in civil capacity, or have difficulties in understanding and controlling their behavior, consent from parents, guardians, or legal representatives is required;

b) Medical records as prescribed by laws on medical examination and treatment;

c) A result sheet for determining drug addiction status according to Model No. 04 stipulated in the Appendix attached to this Decree (hereinafter referred to as the Result Sheet).

2. Procedures for Determining Drug Addiction Status:

a) Individuals voluntarily determining their drug addiction status submit the request form for determining drug addiction status and present one of the following identity documents to the medical facility: citizen identification card, national identity card, passport, or other identity documents with personal information issued by authorized state agencies that are still valid;

b) The medical facility receives the request form, admits the patient, verifies personal information, and establishes medical records;

c) The medical facility conducts the determination of drug addiction status according to the professional guidelines of the Ministry of Health;

d) The medical facility prepares two copies of the result sheet for determining drug addiction status according to point c of Clause 1 of this Article; one copy is kept in the medical record, and one copy is returned to the individual voluntarily determining their drug addiction status.

Article 5. Documents, procedures, and processes for determining drug addiction status for individuals under administrative detention who are proposed to have their drug addiction status determined at the place of detention with medical facilities meeting the required conditions.

1. The file for determining drug addiction status includes:

a) A request form for determining the drug addiction status issued by the police station at the commune, district, or provincial level (hereinafter referred to as the police station) according to Model No. 02 stipulated in the Appendix promulgated together with this Decree;

b) A copy of the test result sheet for drugs in the body;

c) A summary of the criminal record of the individual proposed to have their drug addiction status determined according to Model No. 03 stipulated in the Appendix promulgated together with this Decree (hereinafter referred to as the Summary of Criminal Record);

d) A copy of the decision on administrative detention;

đ) Medical records in accordance with the law on medical examination and treatment;

e) The result determination form for drug addiction status according to Model No. 05 stipulated in the Appendix promulgated together with this Decree.

2. Procedures and processes for determining drug addiction status

a) The police station sends the dossier including: the request form for determining the drug addiction status, a copy of the test result sheet for drugs in the body, the summary of the criminal record, and a copy of the decision on administrative detention to the direct management agency of the place of administrative detention (hereinafter referred to as the place of detention);

b) The direct management agency of the place of detention immediately transfers the dossier from the police station to the place of detention;

c) Upon receiving the dossier from the police station, the place of detention transfers the dossier and the individual proposed to have their drug addiction status determined to a medical facility meeting the required conditions to carry out the determination of the drug addiction status;

d) The medical facility establishes medical records and carries out the determination of the drug addiction status according to the professional guidance of the Ministry of Health. The place of detention has the responsibility to cooperate with the medical facility and ensure security and safety throughout the entire process of determining the drug addiction status;

đ) After completing the process of determining the drug addiction status, the medical facility prepares the Drug Addiction Status Determination Result Form into two copies for approval by the head of the unit according to the model prescribed in point e Clause 1 of this Article; one copy retained in the medical record, one copy returned to the police station requesting the determination of the drug addiction status.

Article 6. Documents, procedures, and processes for determining drug addiction status for individuals under administrative detention who are proposed to have their drug addiction status determined at the place of detention without medical facilities meeting the required conditions.

1. The documents for determining the drug addiction status shall be implemented according to the provisions of Clause 1 of Article 5 of this Decree.

2. Procedures for Determining Drug Addiction Status:

a) The police station sends the dossier including: the request form for determining the drug addiction status, a copy of the test result sheet for drugs in the body, the summary of the criminal record, and a copy of the decision on administrative detention to a medical facility meeting the required conditions designated by the competent authority to perform the determination of the drug addiction status in the locality;

b) Within 24 hours from the time of receiving the dossier from the police station, the medical facility has the responsibility to dispatch healthcare staff to the place of detention to perform the task;

c) The medical facility establishes medical records and carries out the determination of the drug addiction status according to the professional guidance of the Ministry of Health. The place of detention has the responsibility to cooperate with the medical facility to ensure security and safety throughout the entire process of determining the drug addiction status;

d) After completing the process of determining the drug addiction status, the medical facility prepares the Drug Addiction Status Determination Result Form into two copies for approval by the head of the unit according to the model prescribed in point e Clause 1 of Article 5 of this Decree; one copy retained in the medical record, one copy returned to the police station requesting the determination of the drug addiction status.

Article 7. Documents, procedures, and processes for determining drug addiction status for individuals not subject to administrative detention as provided for in point b Clause 2 Article 2 of this Decree.

1. Documents for determining drug addiction status include points a, b, c, đ, and e Clause 1 Article 5 of this Decree.

2. Procedures and processes for determining drug addiction status for cases where the location is a healthcare facility qualified to determine drug addiction status:

a) The police authority sends the documents including: request for determination of drug addiction status, copy of the test result sheet for drugs in the body, summary of personal history, and transfers the individual whose drug addiction status is to be determined to a healthcare facility qualified to determine drug addiction status.

b) The healthcare facility establishes a medical record and conducts the determination of drug addiction status according to the professional guidelines of the Ministry of Health. The police authority sending the documents is responsible for coordinating with the healthcare facility to ensure security and safety throughout the entire process of determining drug addiction status.

c) After completing the process of determining drug addiction status, the healthcare facility prepares a Drug Addiction Status Determination Result Form in two copies for approval by the head of the unit according to the model specified in point e Clause 1 Article 5 of this Decree; one copy is kept in the medical record, and one copy is returned to the requesting police authority.

3. Procedures and processes for determining drug addiction status for cases where the location is selected by the police authority in agreement with a healthcare facility:

a) The police authority sends the documents including: request for determination of drug addiction status, copy of the test result sheet for drugs in the body, summary of personal history to a healthcare facility qualified to determine drug addiction status.

b) Within 24 hours from receiving the documents from the police authority, the healthcare facility is responsible for dispatching medical staff to the selected location to perform the task.

c) The healthcare facility establishes a medical record and conducts the determination of drug addiction status according to the professional guidelines of the Ministry of Health. The police authority sending the documents is responsible for coordinating with the healthcare facility to ensure security and safety throughout the entire process of determining drug addiction status.

d) After completing the process of determining the drug addiction status, the medical facility prepares the Drug Addiction Status Determination Result Form into two copies for approval by the head of the unit according to the model prescribed in point e Clause 1 of Article 5 of this Decree; one copy retained in the medical record, one copy returned to the police station requesting the determination of the drug addiction status.

Article 8. Management and storage of documents for determining drug addiction status

The management and storage of documents as stipulated in Articles 4, 5, 6, and 7 of this Decree shall be carried out in accordance with the laws on medical examination and treatment.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Implementation Organization

1. The Ministry of Health shall be responsible for:

a) Take the lead and coordinate with relevant ministries and sectors to implement this Decree;

b) Designate healthcare facilities qualified to determine drug addiction status under the Ministry of Health; assign tasks to training institutions to organize specialized training on determining drug addiction status;

c) Publish on the Ministry of Health's online portal the list of healthcare facilities qualified to determine drug addiction status within its jurisdiction.

2. The Ministry of Public Security is responsible for:

a) Coordinate with the Ministry of Health to implement this Decree;

b) Designate healthcare facilities qualified to determine drug addiction status under the Ministry of Public Security;

c) Direct public security forces at all levels to implement this Decree; ensure security and order at locations conducting drug addiction status determination as prescribed by this Decree;

d) Publish on the Ministry of Public Security's online portal the list of healthcare facilities qualified to determine drug addiction status within its jurisdiction.

3. The Ministry of Labor, Invalids, and Social Affairs shall be responsible for:

a) Coordinate with the Ministry of Health to implement this Decree;

b) Guide, inspect, and urge units under the Labor-Invalids and Social Affairs sector to implement this Decree.

4. The Ministry of National Defense shall be responsible for:

a) Coordinate with the Ministry of Health to implement this Decree;

b) Designate healthcare facilities qualified to determine drug addiction status within its jurisdiction;

c) Guide, inspect, and urge units under the Ministry of National Defense to implement this Decree;

d) Publish on the Ministry of National Defense's online portal the list of healthcare facilities qualified to determine drug addiction status within its jurisdiction.

5. Provincial People's Committees and municipal people's committees directly under the central government are responsible for:

a) Direct departments, agencies, and related organizations to take responsibility for implementing this Decree;

b) Issue regulations on cooperation in implementing drug addiction status determination within their jurisdiction;

c) Direct the Department of Health to designate healthcare facilities qualified to determine drug addiction status for individuals specified in points a, b, c, and d Clause 1 Article 27 of the Law on Prevention and Control of Drugs within their jurisdiction; guide and assign tasks to training institutions to organize specialized training on determining drug addiction status; publish the list of designated healthcare facilities on the organization's online portal;

d) Direct provincial-level public security authorities to designate healthcare facilities qualified to determine drug addiction status for individuals specified in points a, b, c, and d Clause 1 Article 27 of the Law on Prevention and Control of Drugs within their jurisdiction. Publish the list of designated healthcare facilities on the organization's online portal;

đ) Direct the coordination and ensure security and safety for medical personnel engaged in drug addiction status determination at drug addiction status determination facilities.

6. Ministries, central agencies, People's Committees of provinces and centrally governed cities shall allocate budgets to implement drug addiction status determination for individuals proposed for such determination according to the分级任务如下：

7. Healthcare facilities qualified to determine drug addiction status shall be responsible for:

a) Dispatching medical personnel engaged in drug addiction status determination to participate in training and update professional knowledge on determining drug addiction status;

b) Assigning medical personnel who meet the professional requirements to determine drug addiction status;

c) Adhering to the professional guidelines of the Ministry of Health on determining drug addiction status.

Article 10. Effective Date

This Decree takes effect from January 1, 2022.

Article 11. Transitional Provisions

Medical practitioners holding a practice certificate issued before the effective date of this Decree, currently engaged in drug addiction status determination work, may continue to conduct such determinations.

Article 12. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and relevant organizations and individuals shall be responsible for implementing this Decree./.