Circular No. 13/2022/TT-BCA on forms and reporting regulations for statistics on drug prevention and control

CIRCULAR

Regulations on statistical forms and reporting procedures for drug prevention and control 

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

Pursuant to the Law on Statistics dated November 23, 2015;

Pursuant to the Law Amending and Supplementing Certain Articles and the National Statistical Indicator Catalogue of the Law on Statistics dated November 12, 2021;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system of administrative agencies;

At the proposal of the Director of the Drug Administration and the Director of the Traditional Medicine Administration;

Pursuant to Decision No. 127/2009/QĐ-TTg dated October 26, 2009 of the Government promulgating the Reporting Procedures for Drug Prevention and Control Statistics;

Pursuant to Decision No. 13/2019/QĐ-TTg dated February 27, 2019 of the Government amending and supplementing certain articles of Decision No. 127/2009/QĐ-TTg dated October 26, 2009 of the Government promulgating the Reporting Procedures for Drug Prevention and Control Statistics;

At the proposal of the Director of the Ministry's Office and the Director of the Drug Crime Investigation Police Department;

The Minister of Public Security issues this Circular regulating statistical forms and reporting procedures for drug prevention and control.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular regulates statistical forms and reporting procedures for drug prevention and control within the People's Public Security Forces.

Article 2. This Circular applies to individuals, agencies, and units related to drug prevention and control work within the People's Public Security Forces under the Ministry, provincial-level public security organs, district-level public security organs, and communal-level public security organs.

Article 2. Statistical Forms, Types of Reports, Periods, Deadlines, Formats, and Methods of Sending Statistical Reports on Drug Prevention and Control

Clause 1. Attached to this Circular are 11 statistical forms for collecting, summarizing, and reporting statistics related to drug prevention and control work, including:

a) Form MT1 "Information on Individuals Illegally Using Narcotics";

b) Form MT2 "Information on Drug Addicts";

c) Form MT3 "Information on Drug Offenses and Offenders";

d) Form MT4 "Record and Management of Individuals Illegally Using Narcotics";

đ) Form MT5 "Record and Management of Drug Addicts and Individuals Under Post-Rehabilitation Supervision";

e) Form MT6 "Statistics on Drug Addicts and Individuals Illegally Using Narcotics";

g) Form MT7 "Statistics on Violations of Laws Related to Narcotics";

h) Form MT8 "Statistics on Prosecution, Trial, and Execution of Criminal Sentences for Narcotics Crimes";

i) Form MT9 "Statistics on Monitoring Legal Activities Related to Narcotics";

k) Form MT10 "Statistics on International Cooperation in Drug Prevention and Control";

l) Form MT11 "Statistics on Organizational Structure, Equipment, and Funding for Drug Prevention and Control".

Clause 2. Regular Statistical Reports

a) Reporting Periods:

Monthly statistics period: Applies to Forms MT6 and MT7; data range from the 15th day of the previous month to the 14th day of the reporting month;

Six-monthly and annual statistics periods: Apply to Forms MT6, MT7, MT8, MT9, MT10, and MT11; six-month data range from December 15 of the previous year to June 14 of the reporting year; annual data range from December 15 of the previous year to December 14 of the reporting year.

b) Deadline for Submitting Statistical Reports:

The deadline for submitting regular statistical reports to the Drug Crime Investigation Police Team (or the team with the function of investigating narcotics crimes) at the district-level public security organ before the 16th day of the last month of the reporting period, to the Drug Crime Investigation Police Department at the provincial-level public security organ before the 18th day of the last month of the reporting period, and to the National Drug Crime Investigation Police Department before the 20th day of the last month of the reporting period. The National Drug Crime Investigation Police Department compiles a comprehensive statistical report on drug prevention and control within the People's Public Security Forces and sends it to the leadership of the Ministry and the Ministry's Office for monitoring and performing the function of the Standing Agency for Drug Prevention and Control before the 24th day of the last month of the reporting period.

Clause 3. Ad Hoc Statistical Reports

a) In cases where necessary, higher-level public security organs may require lower-level public security organs to submit ad hoc statistical reports on drug prevention and control.

b) Content, time of statistics, deadlines for submission, places of submission and receipt of statistical reports, and other related matters shall be carried out according to guidance documents issued by higher-level public security organs.

Clause 4. Formats and Methods of Submission of Statistical Reports.

Statistical reports shall be submitted in paper form (directly delivered, via mail service or secure fax) or electronic form (via secure network or internal network with police sector security or the public security force statistical software system); they must bear the name, signature of the statistician and the head of the unit preparing the statistical report form, and the stamp of confirmation of the unit; they shall be issued and managed in accordance with regulations on document management and archiving.

Article 3. Collection, compilation, and submission of statistical reports

1. The commune-level police shall be responsible for collecting, updating, and supplementing information according to forms MT1, MT2, MT4, and MT5 for individuals using drugs illegally, drug addicts, and individuals under post-rehabilitation management residing within their jurisdiction and storing such information at their unit; they shall also take the lead in collecting, reviewing, inspecting, compiling statistical data related to forms MT6, MT7, and MT11 within their jurisdiction, simultaneously sending the results collected according to forms MT1 and MT2 to the Drug-related Crime Investigation Police Team (or the team with the function of investigating drug-related crimes) of the county-level police for compilation.

2. The Drug-related Crime Investigation Police Team (or the team with the function of investigating drug-related crimes) of the county-level police shall be responsible for collecting, updating, and supplementing information according to form MT3 for drug-related criminal cases and offenders involved in such cases initiated by the county-level investigation agency, transferred from agencies tasked with conducting certain investigative activities for investigation, acceptance, and storage at their unit; they shall also take the lead in collecting, reviewing, inspecting, compiling statistical data related to forms MT6, MT7, and MT11 within their jurisdiction from the commune-level police, the county-level police detention center, other units at the same level, and their own unit, submitting them to the Provincial Drug-related Crime Investigation Police Department for compilation, and concurrently sending them to the County-level Police Compilation Team for monitoring.

3. The Provincial Drug-related Crime Investigation Police Department shall be responsible for collecting, updating, and supplementing information according to form MT3 for drug-related criminal cases and offenders involved in such cases initiated by the provincial-level investigation agency, transferred from agencies tasked with conducting certain investigative activities for investigation, acceptance, and storage at their unit; they shall also take the lead in collecting, reviewing, inspecting, compiling statistical data related to forms MT6, MT7, MT9, and MT11 within their jurisdiction from the Drug-related Crime Investigation Police Team (or the team with the function of investigating drug-related crimes) of the county-level police, the provincial-level police detention center, other units at the same level, and their own unit, drug rehabilitation facilities within the province, submitting them to the National Drug-related Crime Investigation Police Bureau for compilation, and concurrently sending them to the Provincial Police Planning Department for monitoring.

4. The following units shall be responsible for collecting, reviewing, inspecting, and compiling statistical data related to the assigned forms nationwide, submitting them to the National Drug-related Crime Investigation Police Bureau for compilation, and concurrently sending them to the Ministry's Office for monitoring: the Institute of Criminal Science, the Mobile Police Force Command implementing form MT9; the Foreign Affairs Bureau implementing form MT10; the Prison Management Police Bureau implementing forms MT6, MT8, and MT11; the Temporary Detention, Custody, and Community-based Enforcement Police Bureau implementing forms MT8 and MT11.

5. The National Drug-related Crime Investigation Police Bureau shall be responsible for collecting, updating, and supplementing information according to form MT3 for drug-related criminal cases and offenders involved in such cases initiated by the ministry-level investigation agency, transferred from agencies tasked with conducting certain investigative activities for investigation, acceptance, and storage at their unit; they shall also take the lead in collecting, reviewing, inspecting, compiling nationwide statistical data related to drug prevention and control according to forms MT6, MT7, MT8, MT9, MT10, and MT11 from the Provincial Drug-related Crime Investigation Police Department, the Office of the Investigation Agency, the Security Investigation Bureau, the Foreign Affairs Bureau, the Institute of Criminal Science, the Prison Management Police Bureau, the Temporary Detention, Custody, and Community-based Enforcement Police Bureau, other units at the same level, and their own unit, submitting them to the Ministry's Office for compilation.

6. The Ministry's Office shall be responsible for taking the lead in collecting, reviewing, inspecting, and compiling nationwide statistical data related to drug prevention and control according to forms MT6, MT7, MT8, MT9, MT10, and MT11 from the National Drug-related Crime Investigation Police Bureau, relevant ministries and sectors: the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Labor, Invalids, and Social Affairs; preparing statistical reports for leadership approval and submission to the Prime Minister and the Chairman of the National Steering Committee on HIV/AIDS and Drug Control and Prostitution Prevention as prescribed. 7. The county-level police detention centers, provincial-level police detention centers, detention centers under ministry-level units, prisons, compulsory education facilities, and juvenile correctional schools shall be responsible for collecting, updating, and supplementing information according to forms MT4 and MT5 for individuals using drugs illegally, drug addicts, and individuals under post-rehabilitation management who are currently under custody and management within their authority and storing such information at their unit; they shall also collect, review, inspect, and compile statistical data related to form MT6 and submit them to the units leading the compilation of this form or the main managing units as assigned in Clause 2, 3, 4, and 5 of Article 3 of this Circular, corresponding to the county level being the Drug-related Crime Investigation Police Team (or the team with the function of investigating drug-related crimes) of the county-level police, the provincial level being the Provincial Drug-related Crime Investigation Police Department, and the ministry level being the Office of the Investigation Agency, the Security Investigation Bureau, the Prison Management Police Bureau, and the Compulsory Education Facilities and Juvenile Correctional Schools for compilation.

8. Units under the police at all levels, upon discovering drug users or individuals using drugs illegally, shall be responsible for exchanging information with the commune-level police where such individuals reside to establish management files. In cases where drug users or individuals using drugs illegally do not have stable residences or cannot be identified, the police unit discovering the incident shall be responsible for exchanging information with the commune-level police where the incident was discovered to establish management files for the subjects.

8. Units under各级公安机关在发现吸毒人员或非法使用毒品的人员时，有责任向该人员居住地的乡级公安机关通报信息以建立管理档案。如果吸毒人员或非法使用毒品的人员没有稳定住所或无法确定居住地，发现案件或事件的公安机关单位有责任与发现案件或事件所在地的乡级公安机关交换信息，以建立管理对象的档案。

9. Other investigative agencies outside the drug crime investigation force, when assigned to investigate drug-related crimes in specific cases, shall be responsible for collecting, supplementing, updating, and providing information about drug offenses and offenders to the drug crime investigation agency or the team with the function of investigating drug-related crimes at the same level according to Form MT3.

10. The content of the division of responsibilities for collecting and compiling statistical data related to drug prevention and control is detailed in the annex issued together with this Circular.

11. After the Ministry of Public Security deploys the software for statistical database on drug prevention and control, local public security units assigned to implement statistical forms shall be responsible for directly collecting, supplementing, and updating information and data into the statistical software system for monitoring and management.

Article 4. Statistical Investigation on Drug Prevention and Control

1. In cases where additional statistical information needs to be supplemented from local public security units that have implemented the regular reporting system on drug prevention and control, or where additional statistical information needs to be collected beyond the content of the regular statistical forms due to urgent requirements, the Drug Crime Investigation Bureau shall report and propose to the Minister (through the Ministry's Office) for consideration and decision.

2. The Drug Crime Investigation Bureau shall be responsible for implementing within the scope, authority, and responsibilities stipulated in Articles 34 and 35 of the Statistics Law 2015; taking the lead and coordinating with relevant units to organize statistical investigations on drug prevention and control in accordance with approved programs, plans, and methods by the Minister.

Article 5. Revision and Supplement of Statistical Reports

1. The revision and supplementation of statistical reports on drug prevention and control shall be applied in cases where the reported statistical data under this Circular are still incomplete or inaccurate.

2. When revising and supplementing statistical reports, the unit or locality shall submit the revised and supplemented statistical report along with a document explaining the reasons for the revisions and supplements, and the date of the report.

Article 6. Effectiveness

1. This Circular takes effect from June 15, 2022, replacing Circular No. 12/2011/TT-BCA-C41 dated March 25, 2011, issued by the Minister of Public Security regarding statistical forms and reporting systems on drug prevention and control.

2. In cases where the legal normative documents cited in this Circular are replaced or amended, they shall be applied according to the replacing or amending legal normative documents.

3. For individuals identified as drug addicts or illegal drug users before January 1, 2022, in accordance with the Anti-Drug Law 2000, amended in 2008, and currently under the supervision of competent authorities, they shall continue to be monitored, managed, and statistically recorded without needing reclassification. Cases of illegal drug use or addiction occurring from January 1, 2022, must be classified based on the results of drug testing in the body and the determination of addiction status according to the Anti-Drug Law 2021, and included in the management and statistical lists.

Article 7. Responsibility for Implementation

1. The heads of local public security units shall be responsible for directing and strictly implementing this Circular.

2. The Drug Crime Investigation Bureau shall be responsible for supervising, guiding, urging, and inspecting subordinate units within its force and related units in implementing statistical forms on drug prevention and control, reporting to the leadership of the Ministry (through the Ministry's Office); building, completing, putting into use, and operating the Data Center and software system for the drug prevention and control database to serve government and Ministry of Public Security reporting requirements.

3. The Telecommunications and Cryptography Bureau, and the Information Technology Bureau shall, based on their functions and tasks, take the lead and coordinate with the Drug Crime Investigation Bureau and related units to ensure secure connection means and transmission lines from the Drug Crime Investigation Bureau to local public security units to support statistical work on drug prevention and control.

4. The Planning and Finance Bureau shall be responsible for ensuring funding for drug prevention and control statistical work. The funding source will be drawn from the budget of the Drug Prevention and Control Program.

During implementation, if there are difficulties or obstacles, local public security units shall promptly report to the Ministry (through the Drug Crime Investigation Bureau) for guidance and clarification.