Decree 166/2026/NĐ-CP Regulating the Procedures for Determining Drug Dependence Status

DECREE

Regulating the dossier, procedures, and formalities for determining drug dependence status

Based on Decree No. 63/2025/QH15 on Government Organization;

Based on Decree No. 72/2025/QH15 on Local Administration Organization;

Based on Decree No. 120/2025/QH15 on Prevention and Control of Drugs;

In accordance with the proposal by the Minister of Health;

The Government promulgates this Decree to regulate the dossier, procedures, and formalities for determining drug dependence status.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree regulates the dossier, procedures, and formalities for determining drug dependence status as stipulated in Clause 7, Article 31 of the Law on Prevention and Control of Drugs.

Article 2. Location for Determining Drug Dependence Status

1. Persons voluntarily seeking to determine their drug dependence status under points a and b of Clause 1, Article 31 of the Law on Prevention and Control of Drugs may choose one of the following facilities: medical treatment facility with specialized scope of activity in internal medicine or psychiatry or family medicine; facility for treating drug dependence using substitute drugs or treating other drug dependencies; forensic psychiatric examination facility (hereinafter referred to as a drug dependence determination health care facility) after registering with the local public security office.

2. For persons who are requested to determine their drug dependence status under points c, d, and d of Clause 1, Article 31 of the Law on Prevention and Control of Drugs:

a) The location for determining drug dependence status is carried out at the administrative detention facility for persons administratively detained according to the procedures stipulated in the Administrative Violations Handling Law;

b) The location for determining drug dependence status is conducted at a drug dependence determination health care facility or another location as requested by the local public security office or the specialized agency responsible for preventing and combating drug-related crimes (hereinafter referred to as the Requesting Agency) in coordination with the selected healthcare facility for persons not administratively detained. The Requesting Agency shall be responsible for coordinating with the healthcare facility to ensure all necessary conditions are met for conducting the drug dependence determination at the chosen location.

CHAPTER II

Dossier, Procedures, and Formalities for Determining Drug Dependence Status

Article 3. Dossier Requesting Determination of Drug Dependence Status

1. For persons under points a and b of Clause 1, Article 31 of the Law on Prevention and Control of Drugs:

The request for determining drug dependence status dossier includes a confirmation from the local public security office as per Form No. 01 attached hereto.

2. For persons under points c, d, and d of Clause 1, Article 31 of the Law on Prevention and Control of Drugs:

a) The request for determining drug dependence status is issued by the Requesting Agency in accordance with Form No. 02 attached hereto;

b) A summary of the person's background as per Form No. 03 attached hereto;

c) A copy of the test results for drugs in the body.

3. For persons administratively detained according to procedures stipulated in the Administrative Violations Handling Law:

a) The dossier is processed in accordance with the provisions of paragraph 2 hereof;

b) A copy of the decision to administratively detain the person.

b) Copy of the decision to detain a person under administrative procedure.

Article 4. Procedure and Process for Determining Drug Dependence Status at Healthcare Facilities

1. The submission of documents to determine drug dependence status shall be carried out as follows:

a) For individuals falling under points (a) and (b) of clause 1, Article 31 of the Law on Preventing and Combating Drugs, the police station submits one (01) set of documents in accordance with the provisions of clause 1, Article 3 of this Decree to the healthcare facility for determining drug dependence status.

b) For individuals falling under points (c), (d), and (d) of clause 1, Article 31 of the Law on Preventing and Combating Drugs, the requesting agency submits one (01) set of documents in accordance with the provisions of clause 2, Article 3 of this Decree to the healthcare facility for determining drug dependence status.

Submission of documents to determine drug dependence status may be made either directly or by post or through an electronic medium.

2. The healthcare facility for determining drug dependence status shall have the responsibility:

a) To receive the submitted documents and the individual who is requested to undergo determination of drug dependence status;

b) To establish medical records in accordance with the laws on diagnosis and treatment;

c) To conduct the determination of drug dependence status in accordance with the professional guidelines issued by the Ministry of Health;

d) After completing the process for determining drug dependence status, the healthcare facility for determining drug dependence status shall prepare a Drug Dependence Status Determination Result Form according to Model No. 04 specified in the annex to this Decree (hereinafter referred to as "Result Form") and issue three copies: one copy to the individual determined to be drug dependent or their parents, legal guardians, or lawful representatives if the individual is between 12 and under 18 years of age; one copy to the requesting agency; and one copy for record-keeping in the medical file.

The result of determining drug dependence status may be provided in either paper form or electronic form.

3. The requesting agency shall cooperate with the police station and the healthcare facility for determining drug dependence status to ensure security and safety throughout the entire process of determining drug dependence status.

4. The requesting agency shall bear the responsibility for payment of all costs associated with determining drug dependence status in accordance with regulations.

Article 5. Procedure and Process for Determining Drug Dependence Status at Administrative Detention Facilities

1. Where an administrative detention facility has a healthcare facility for determining drug dependence status

a) The requesting agency shall submit one (01) set of documents in accordance with the provisions of clause 3, Article 3 of this Decree to the healthcare facility for determining drug dependence status at the administrative detention facility (hereinafter referred to as "administrative detention"). The form of submission of documents shall be carried out in accordance with the provisions of clause 1, Article 4 of this Decree;

b) The healthcare facility for determining drug dependence status shall have the responsibility to conduct the determination of drug dependence status in accordance with the provisions of clause 2, Article 4 of this Decree.

2. Where an administrative detention facility does not have a healthcare facility for determining drug dependence status

a) The requesting agency shall submit one (01) set of documents in accordance with the provisions of clause 3, Article 3 of this Decree to the healthcare facility for determining drug dependence status;

b) Within twenty-four hours from receipt of the documents submitted by the requesting agency, the healthcare facility for determining drug dependence status shall have the responsibility to dispatch a medical officer to the administrative detention facility to perform their duties;

c) The healthcare facility for determining drug dependence status shall be responsible for performing all tasks specified in points (b), (c), and (d) of clause 2, Article 4 of this Decree.

3. The administrative detention facility shall cooperate with the healthcare facility to ensure security and safety throughout the entire process of determining drug dependence status.

4. The requesting agency shall bear full responsibility for payment of all costs associated with determining drug dependence status in accordance with regulations.

Article 6. Procedure for Determining Drug Dependence Status at a Location Selected by the Requesting Authority in Accordance with the Agreement of the Medical Facility

1. The requesting authority shall submit one (01) set of documents as prescribed in Clause 2, Article 3 of this Decree to the medical facility responsible for determining drug dependence status. The form of submission of the documents is carried out in accordance with the provisions of Clause 1, Article 4 of this Decree.

2. Within twenty-four (24) hours from receipt of the documents submitted by the requesting authority, the medical facility responsible for determining drug dependence status shall be duty-bound to dispatch a healthcare officer to the selected location to carry out the task.

3. The medical facility responsible for determining drug dependence status shall be duty-bound to perform the contents prescribed in points b, c, and d of Clause 2, Article 4 of this Decree.

4. The requesting authority is responsible for coordinating with the medical facility to ensure security and safety throughout the entire process of determining drug dependence status.

5. The requesting authority shall be responsible for paying the costs associated with determining drug dependence status in accordance with the regulations.

Article 7. Management and Storage of Drug Dependence Status Determination Records

1. The management and storage of records as prescribed in Article 3 of this Decree are carried out in accordance with the provisions of the law on record keeping.

2. The confidentiality of personal information of individuals who have been requested to determine their drug dependence status, and the management and storage of medical records determining drug dependence status, are carried out in accordance with the provisions of the law on medical treatment.

Chapter III

CONDITIONS FOR IMPLEMENTATION

Article 8. Implementation

1. The Ministry of Health shall be responsible for:

a) Coordinating and cooperating with relevant ministries and agencies to implement this Decree;

b) Assigning the task of determining drug dependence status to medical facilities under its jurisdiction;

c) Publishing on the Ministry of Health's official website the list of medical facilities determining drug dependence status within its management authority.

2. The Ministry of Public Security shall be responsible for:

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

b) Assigning the task of determining drug dependence status to medical facilities under the jurisdiction of the public security forces;

c) Directing, guiding, inspecting, and urging lower-level public security authorities to implement this Decree and ensure security and order at the location where the determination of drug dependence status is carried out in accordance with the provisions of this Decree;

d) Publishing on the Ministry of Public Security's official website the list of medical facilities determining drug dependence status within its management authority.

3. The Ministry of Defense shall be responsible for:

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

b) Directing specialized health agencies to assign tasks related to determining drug dependence status to medical facilities under their jurisdiction;

c) Guiding, inspecting, and urging units under the Ministry of Defense to implement this Decree;

d) Publishing on the Ministry of Defense's official website the list of medical facilities determining drug dependence status within its management authority.

4. People's Committees at provincial and municipal levels shall be responsible for:

a) Directing relevant departments, agencies, and organizations to implement this Decree;

b) Issuing regulations on cooperation in implementing the determination of drug dependence status within their jurisdictional areas;

c) Directing specialized health agencies under provincial People's Committees: To assign tasks related to determining drug dependence status to medical facilities within their jurisdictions; guiding and assigning tasks to training institutions for professional training in determining drug dependence status; publishing lists of medical facilities determining drug dependence status on the official website of the unit;

d) Directing cooperation, ensuring security and safety for healthcare personnel performing the determination of drug dependence status at the locations where such determinations are made.

5. Central ministries and local authorities shall allocate national budgetary funds according to their level of authority to determine drug dependence status in accordance with the provisions of the Law on National Budget and relevant guiding documents.

Article 9. Enforceability

1. This Decree shall take effect from July 1, 2026.

2. The Decree No. 109/2021/NĐ-CP dated December 8, 2021 of the Government on determining the status of drug addiction and procedures, processes, and regulations for determining the status of drug addiction shall cease to be enforceable from the date this Decree takes effect.

Article 10. Transitional Provisions

1. Health facilities designated before the effective date of this Decree may continue to perform the work of determining the status of drug addiction.

2. Applications for determination of the status of drug addiction submitted to health facilities designated for such determinations prior to the effective date of this Decree shall continue to be processed in accordance with the provisions of Decree No. 109/2021/NĐ-CP dated December 8, 2021 of the Government.

Article 11. Implementation Responsibility

The Ministers, Heads of agencies at the same level as ministries, Chairmen of People's Committees of provinces and cities, and relevant organizations and individuals shall be responsible for implementing this Decree./.

(Attached to Decree No. 166/2026/NĐ-CP of the Government dated May 15, 2026)

Model No. 01

Application for Determination of Drug Addiction Status

Independence - Freedom - Happiness

To: ()

I am:

Gender:.................................................

Date, month, year of birth: ................................................................... Phone number: .................................................

Identity card number: ......./....../........ Issuance date: .....................................................

Place of issuance: ..........................().............................; Place of residence: ................/.........../............

Current place of residence: ......................................................................................................................................

Name of father/mother/legal guardian/legally authorized representative (): … ........................................................................................................................

Contact address: ..........................................................................................................................

I voluntarily submit this application and request the determination of my drug addiction status.

....................................................................................................................................................

I hereby commit to abide by the regulations set forth in (2) … .................................................................................................................

Legal Representative () (2) ...............................................Name: …Identity card number: …Issuance date: …/…/…Place of issuance: …()…agree that …may voluntarily undergo drug addiction determination at …(2) …

(Signed and printed name)

Independence - Freedom - Happiness

In accordance with legal provisions on managing drug users, rehabilitation from drug addiction and post-rehabilitation management;

hereby request the health facility to determine the status of drug addiction for Mr./Ms. ()…:

1. The person whose status is being requested for determination:.........................................

Full name:

(1).............................................. Gender: Date, month, year of birth: (4)............................... Identity card number:

…; N

Issuance date: ................................................... Place of issuance: ..........................................................

Place of residence: ......./....../........

Current place of residence: Name of father/mother/legal guardian/legally authorized representative ():Contact address: ......./....../...... 2. Location for determination of drug addiction status: ................................

3. Time limit for result ........................................................................................................................

HEAD OF THE AGENCY ..........................................................................................................................

Signed, printed name and stamped) .......................

Model No. 03 .................................................................................................................

THE SOCIALIST REPUBLIC OF VIETNAM ()...............................................

Independence - Freedom - Happiness: () .......................................................................................

 

Of the person whose status is being requested for determination of drug addiction

3. Gender:

Date, month, year of birth

4. Identity card number:

Place of issuance: ................................................................................................................................

…N

Issuance date ...................... 5. Educational level:: ........../........../...................................

6. Place of origin:.................................... 7. Place of residence: 8. Current place of residence:9. Nationality: ......../........../.........

Ethnic group:………………….....................................……………………………….

…………………………………………………………………………............................................……

(Detail each instance of administrative penalties, administrative handling for illegal drug use, name of the drug, measures to manage individuals using illegal drugs)..............................................................................................................

3. Measures for rehabilitation and post-rehabilitation management

(Detail the rehabilitation measures applied and their implementation period) 4. Opinion of family or legal guardian (if applicable)

5. Evaluation by local authorities 6. Willingness to cooperate with law enforcement agencies?

Cooperate ☐ Do not cooperate ☐

7. Other information:

HEAD OF THE UNIT

(Signed, printed name) PERSON WHO PREPARED THE SUMMARY

THE SOCIALIST REPUBLIC OF VIETNAM

 

N

Issuance date:

Place of issuance: ............................................

Place of residence:

Place of current residence: ......./....../...........

Determining drug addiction status ........................................................................................................................

(Signed, printed name) ..........................................................................................................................

RESULT (7):

...................................................................................................................................................

...................................................................................................................................................

...................................................................................................................................................