Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law number 16/2008/QH12

LAW

Amending and supplementing certain articles of the Law on Prevention and Control of Narcotics

 _____________________________

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly promulgates the Law amending and supplementing certain articles of the Law on Prevention and Control of Narcotics number 23/2000/QH10.

Article 1. Amending and supplementing certain articles of the Law on Prevention and Control of Narcotics:

1. Article 13 is amended and supplemented as follows:

" Article 13

1. The specialized agency for preventing and combating drug-related crimes under the People's Public Security shall carry out the following activities:

a. Taking the lead and coordinating with relevant agencies to implement activities to prevent and combat drug-related crimes;

b. Applying necessary investigative measures to detect drug-related crimes;

c. Requesting forensic examination of biological samples when necessary to detect drug-related crimes;

d. Requiring individuals, families, agencies, and organizations related to provide information, documents, financial status, and bank accounts when there is evidence indicating that acts as stipulated in Clauses 1, 2, 3, 4, 5, and 8 of Article 3 of this Law have been committed;

đ. Requesting postal authorities to open parcels and items for inspection when there is evidence indicating that they contain narcotics, precursor chemicals, narcotic drugs, or psychotropic substances;

e. Applying necessary measures to protect informants, witnesses, and victims in drug-related cases.

2. Individuals, families, agencies, and organizations shall be responsible for implementing the provisions at Point d and đ Clause 1 of this Article upon request from the specialized agency for preventing and combating drug-related crimes.

3. The specialized agency for preventing and combating drug-related crimes under the Border Guard Force, Coast Guard, and Customs Department within their respective duties and powers shall be responsible for taking the lead and coordinating with public security agencies and other relevant agencies to implement and apply necessary measures as prescribed by law to prevent, stop, and handle illegal buying, selling, and transporting of narcotics, precursor chemicals, narcotic drugs, and psychotropic substances in the areas or territories under their management and control.

4. The Government shall specify the conditions, procedures, authority, and responsibilities of the specialized agency for preventing and combating drug-related crimes in carrying out and coordinating to carry out the activities prescribed in Clause 1 and Clause 3 of this Article."

2. Article 25 is amended and supplemented as follows:

"Article 25

State policy on drug rehabilitation includes:

1. Implementing detoxification programs for drug addicts and encouraging voluntary detoxification among drug addicts;

2. Organizing compulsory drug rehabilitation centers;

3. Encouraging individuals, families, agencies, and organizations to voluntarily conduct drug rehabilitation, support drug rehabilitation activities, post-detoxification management, and prevention of relapse; researching, producing, and applying drugs and methods for drug rehabilitation;

4. Providing funding for drug rehabilitation, post-detoxification management, and prevention of relapse;

5. Domestic organizations and individuals, as well as foreign organizations and individuals investing in drug rehabilitation activities, post-detoxification management, and prevention of relapse shall enjoy preferential policies as prescribed by law."

3. Article 26 is amended and supplemented as follows:

"Article 26

1. Drug addicts shall be responsible for:

a. Reporting their addiction status to their workplace agency or commune-level People's Committee where they reside and registering for a detoxification method;

b. Strictly adhering to regulations on detoxification.

2. Families of drug addicts shall be responsible for:

a. Reporting to the commune-level People's Committee about the drug addict in their family and registering a detoxification method for them;

b. Encouraging, supporting, and managing the drug addict to detoxify at home or in the community under the guidance and supervision of health officials and the commune-level People's Committee;

c. Monitoring, preventing, and stopping the drug addict from using narcotics illegally or engaging in behavior that disrupts social order and safety;

d. Supporting competent authorities in placing the drug addict in a detoxification center and contributing funds for detoxification according to the law.

3. The commune-level People's Committee shall be responsible for organizing reports on addiction status and registration of detoxification methods for drug addicts and their families."

4. Supplementing Article 26a after Article 26 as follows:

"Article 26a

1. Methods of drug rehabilitation include:

a. Voluntary drug rehabilitation;

b. Compulsory drug rehabilitation;

2. Forms of drug rehabilitation include:

a. Home-based drug rehabilitation;

b. Community-based drug rehabilitation;

c. Detoxification center-based drug rehabilitation."

5. Article 27 is amended and supplemented as follows:

"Article 27

1. Home-based and community-based drug rehabilitation shall be applied to voluntary drug addicts, except when a voluntary drug addict chooses detoxification at a detoxification center. In cases where a drug addict does not voluntarily detoxify, compulsory community-based drug rehabilitation shall be applied according to the decision of the Chairman of the commune-level People's Committee.

2. The duration of home-based and community-based drug rehabilitation shall be from six months to twelve months.

3. The commune-level People's Committee shall organize community-based drug rehabilitation and guide and support home-based drug rehabilitation.

4. The Government shall specify the organization of home-based and community-based drug rehabilitation and the procedures for applying compulsory community-based drug rehabilitation."

6. Article 31 is amended and supplemented as follows:

"Article 31

1. The State shall apply appropriate detoxification methods for drug addicts who are temporarily detained, prisoners, inmates of educational facilities, and students of correctional schools. Management agencies of these facilities shall closely cooperate with local health agencies to implement this provision.

2. Wardens of detention centers, temporary detention centers, directors of educational facilities, and principals of correctional schools must notify the commune-level People's Committee about the detoxification of drug addicts as specified in Clause 1 of this Article when they return to their place of residence."

7. Supplementing Article 32a after Article 32 as follows:

"Article 32a

A person undergoing compulsory drug rehabilitation at a rehabilitation facility who commits a crime shall, if the imprisonment sentence is shorter than the drug rehabilitation period, continue to undergo drug rehabilitation at the compulsory rehabilitation facility upon completion of the prison term; in cases where they must serve a suspended prison term or probation, they still have to undergo drug rehabilitation at the compulsory rehabilitation facility.

8. Article 33 is amended and supplemented as follows:

"Article 33

1. After completing the compulsory drug rehabilitation period at a rehabilitation facility, a drug addict must be subject to post-rehabilitation management for a period of one to two years under one of the following forms:

a. Management at place of residence carried out by the People's Committee of the commune for those not falling within the scope provided for in point b of this clause;

b. Management at a post-rehabilitation management facility for those with a high risk of relapse.

2. The content of post-rehabilitation management includes:

a. Management, guidance, and assistance in preventing relapse; support for vocational training, job placement, and participation in social activities to integrate into the community for those managed at their place of residence;

b. Management, counseling, education, vocational training, labor production, and preparation for reintegration into the community for those managed at a post-rehabilitation management facility.

3. Persons managed at a post-rehabilitation management facility participating in labor production shall enjoy the fruits of their labor according to regulations of the Government.

4. If a person being managed at a post-rehabilitation management facility absconds, the head of the facility shall issue a decision to search for them; the police agency shall cooperate with the post-rehabilitation management facility in searching for and returning the person to complete the remaining time.

5. Post-rehabilitation management facilities must respect the dignity, personality, life, health, and property of persons under post-rehabilitation management.

6. Persons who have completed the post-rehabilitation management period as prescribed in point b of Clause 1 of this Article shall be received by the People's Committee of the commune where they reside and their families, provided with conditions for vocational training, job placement, loans, and participation in social activities to integrate into the community, and assisted in preventing relapse.

7. The Government shall specify criteria for identifying persons with a high risk of relapse as prescribed in point b of Clause 1 of this Article; the authority to decide, procedures, and processes for admission to a post-rehabilitation management facility; management systems and support policies for persons after rehabilitation; organization and operation of post-rehabilitation management facilities.

9. Add Article 34a after Article 34 as follows:

"Article 34a

1. Harm reduction measures for drug addiction are measures aimed at reducing the harmful consequences related to drug use behavior caused by drug addicts to themselves, their families, and the community.

2. Harm reduction measures for drug addiction are implemented among groups of drug users through appropriate programs and projects based on economic and social conditions.

3. The Government shall specify specific harm reduction measures for drug addiction and organize their implementation.

10. Clause 1 of Article 35 shall be amended and supplemented as follows:

"1. Funding for the construction of physical infrastructure, organization of drug rehabilitation, post-rehabilitation management, prevention of relapse in drug use as stipulated in Articles 27, 28, 29, 31, 33, and 34 of this Law includes:

a. State budget;

b. Contributions from drug rehabilitation participants and their families;

c. Financial support from domestic organizations and individuals, and foreign organizations and individuals.

11. Add Article 38a and Article 38b after Article 38 as follows:

"Article 38a

The Ministry of National Defense shall be responsible for:

1. Developing and implementing plans to prevent and combat drugs in border areas on land, maritime border areas, contiguous zones, and exclusive economic zones and continental shelf;

2. Cooperating with relevant agencies of other countries to detect and prevent illegal drug trafficking, precursor chemicals, narcotic drugs, and psychotropic substances across borders in accordance with this Law and other relevant laws;

3. Organizing training and capacity building for specialized personnel in preventing and combating drug-related crimes in Border Guard forces and Coast Guard forces.

"Article 38b

The Ministry of Finance shall be responsible for:

1. Directing customs agencies to implement anti-drug activities in accordance with this Law and other relevant laws;

2. Leading the coordination with ministries, sectors, and local authorities in drafting budgets for drug prevention and control, submitting them for approval by competent authorities, and implementing them in accordance with the law.

12. Article 39 is amended and supplemented as follows:

"Article 39

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

1. Developing and implementing strategies, policies, and plans for organizing drug rehabilitation and post-rehabilitation management; directing drug rehabilitation and post-rehabilitation management and addressing social issues after rehabilitation;

2. Establishing organizational structures, training, and capacity building for personnel involved in drug rehabilitation, post-rehabilitation management, and addressing social issues after rehabilitation;

3. Leading the coordination with relevant agencies, organizations, and local authorities in establishing and guiding the operations of drug rehabilitation facilities and post-rehabilitation management facilities; vocational training, job creation, counseling, support, and providing material and spiritual conditions to help drug rehabilitation participants reintegrate into society; preventing relapse;

4. Statistics and evaluation of drug rehabilitation, post-rehabilitation management, and addressing social issues after rehabilitation;

5. Guiding and directing the establishment, dissolution of compulsory drug rehabilitation facilities and post-rehabilitation management facilities; issuing and revoking operating licenses for other drug rehabilitation facilities;

6. Implementing international cooperation on drug rehabilitation and addressing social issues after rehabilitation.

13. Clause 1 of Article 40 is amended and supplemented as follows:

"1. The Ministry of Health shall be responsible for:

a. Issuing a list and regulations on managing narcotic drugs, precursors, and psychotropic substances used in the medical field and implementing these regulations; issuing and leading the coordination with relevant agencies in implementing regulations on managing narcotic substances used in the medical field, analysis, testing, and scientific research;

b. Provide regulations on researching drugs and methods for treating drug addiction; issuing and revoking permits for circulating drugs and methods for treating drug addiction; guiding procedures to identify drug addicts; providing human resources and medical technical expertise to treat drug addiction;

c. Implement international cooperation in controlling addictive substances, precursors, and psychotropic substances used in healthcare, analysis, testing, and scientific research;

d. Direct healthcare facilities to cooperate in testing, identifying, and treating drug addicts at commune, ward, and town levels.

14. Supplement Article 42a following Article 42 as follows:

"Article 42a

The Ministry of Information and Communications and the Ministry of Culture, Sports and Tourism shall be responsible for directing and guiding relevant agencies to carry out information dissemination, propaganda, and education activities regarding drug prevention and control work.

15. Amend and supplement Article 43 as follows:

"Article 43

The Ministry of Agriculture and Rural Development shall be responsible for leading and coordinating with the Committee for Ethnic Minorities and other relevant agencies and organizations to promote education, propaganda, and the organization of eradication of plants containing narcotic substances; implement effective programs to assist in changing production directions and stabilize the livelihoods of the people.

Article 2

1. Replace the phrase "Ministry of Industry" with the phrase "Ministry of Industry and Trade" in Clause 1 and Clause 2 of Article 41, and replace the phrase "local authorities" with the phrase "People's Committee of Communes" in Clause 1 of Article 53 of the Law on Prevention and Control of Drugs.

2. Repeal Article 44 of the Law on Prevention and Control of Drugs.

Article 3. This Law shall take effect from January 1, 2009.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, third meeting, on June 3, 2008./.