Joint Circular No. 17/2015/TTLT-BYT-BLDTBXH-BCA stipulates the authority, procedures, and process for determining drug addiction status.

JOINT CIRCULAR

Regulations on authority, procedures, and processes for determining drug addiction statusy

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Pursuant to the Law on Handling Administrative Offenses 2012;

Pursuant to Decree No. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Based on Decree No. 94/2010/NĐ-CP dated September 9, 2010, issued by the Government, regarding the organization of drug rehabilitation at home and in the community;

Based on Decree No. 111/2013/NĐ-CP dated September 30, 2013, issued by the Government, concerning the system of administrative measures for compulsory education in communes, wards, and towns;

Based on Decree No. 221/2013/NĐ-CP dated December 30, 2013, issued by the Government, concerning the system of administrative measures for compulsory placement in drug rehabilitation facilities;

The Minister of Health, the Minister of Labor, Invalids and Social Affairs, and the Minister of Public Security issue this Joint Circular to regulate the authority, procedures, and processes for determining drug addiction status.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular regulates the authority, procedures, and processes for determining the drug addiction status of groups using Opiates (opium-like substances) and synthetic drugs similar to Amphetamine (ATS).

Article 2. Applicability

1. Agencies, organizations, and individuals related to the determination of drug addiction status.

2. Individuals required to have their drug addiction status determined as specified in Decree No. 94/2010/NĐ-CP dated September 9, 2010, issued by the Government, regarding the organization of drug rehabilitation at home and in the community, Decree No. 111/2013/NĐ-CP dated September 30, 2013, issued by the Government, concerning the system of administrative measures for compulsory education in communes, wards, and towns, and Decree No. 221/2013/NĐ-CP dated December 30, 2013, issued by the Government, concerning the system of administrative measures for compulsory placement in drug rehabilitation facilities.

Chapter II

AUTHORITY, PROCEDURES AND PROCESSES FOR DETERMINING DRUG ADDICTION STATUS

Article 3. Authority to determine drug addiction status

The authority to determine drug addiction status is a doctor or physician who holds a medical practice license in accordance with the Law on Medical Examination and Treatment and has a certificate or training recognition for diagnosing and treating drug addiction withdrawal symptoms, issued by the Department of Medical Examination and Treatment under the Ministry of Health, provincial health departments, or training institutions recognized by the Ministry of Health, working at the following healthcare facilities:

1. Military and military-civilian healthcare facilities.

2. Healthcare facilities of the public security sector.

3. Health rooms of compulsory drug rehabilitation centers.

4. Health rooms of facilities responsible for receiving and managing drug addicts without stable residence during the period of compiling files for the People's Court to consider decisions on compulsory placement in drug rehabilitation centers.

5. Health stations in communes, wards, and towns; multi-disciplinary clinics in regions; district-level hospitals and above, and hospitals under other ministries and sectors.

Article 4. Procedures for requesting determination of drug addiction status

1. A request for determination of drug addiction status from the police station in communes, wards, and towns or the police department at the district or provincial level.

2. Administrative violation records regarding illegal drug use or documents reflecting illegal drug use; documents proving the application of administrative measures for drug addiction (if applicable); documents proving administrative penalties for drug use from two times or more (if applicable).

Article 5. Procedure for Determining Drug Addiction Status

The authority prescribed in Article 3 of this Joint Circular shall implement the determination of drug addiction status according to the following procedure:

1. Accepting individuals requiring determination of drug addiction status and documents stipulated in Article 4 of this Joint Circular.

2. Immediately conducting the determination of drug addiction status

a) Criteria for determining opiate drug addiction

An individual is determined to be addicted to opiates if they fall into one of the following cases:

- Testing positive for opiates and having been subject to administrative measures for drug addiction;

- Testing positive for opiates and having been administratively punished for using drugs two or more times;

- Positive (+) result from the Naloxone test;

- Testing positive for opiates and exhibiting at least three out of twelve withdrawal symptoms (as specified in Appendix 1 attached to this Joint Circular).

b) Criteria for determining amphetamine-type stimulant drug addiction

An individual is determined to be addicted to synthetic amphetamine-type substances when they exhibit at least three out of six symptoms within the last twelve months:

- Intense craving or compulsive need to use amphetamine-type substances;

- Difficulty in controlling behaviors related to the use of amphetamine-type substances such as starting, stopping, or the level of use;

- Withdrawal symptoms when ceasing or reducing the use of amphetamine-type substances;

- Increased tolerance to amphetamine-type substances;

- Increasing indifference towards other interests or hobbies;

- Continued use of amphetamine-type substances despite being aware of harmful consequences.

The process of monitoring to determine opiate drug addiction status is recorded on the form for monitoring the determination of opiate drug addiction status (narcotic substances) as specified in Appendix 1 attached to this Joint Circular.

The process of monitoring to determine synthetic amphetamine-type substance addiction is recorded on the form for monitoring the determination of synthetic amphetamine-type substance addiction (ATS) as specified in Appendix 2 attached to this Joint Circular.

3. Recording the results of the determination of drug addiction status on the Form of Results for Determining Drug Addiction Status as specified in Appendix 3 attached to this Joint Circular; simultaneously, recording the results in the outpatient medical record of the drug addiction status determination facility (retaining the results of the drug addiction status determination according to the regulations on retaining outpatient medical records).

4. Providing the results of the determination of drug addiction status as specified in Appendix 3 attached to this Joint Circular to the police agency that requested the determination of drug addiction status.

Article 6. Referral for Determination of Drug Addiction Status

In cases where it is difficult to determine drug addiction status for individuals requiring determination of addiction, the referral process shall be carried out as follows:

1. For individuals requiring determination of opiate drug addiction status, refer them to a district or provincial health facility managed by the Department of Health or a social reception center established under Resolution No. 77/2014/QH13 dated November 10, 2014 of the National Assembly XIII. The referral to which facility within the province/city for determining drug addiction status for individuals requiring determination of addiction shall be coordinated by the Department of Health with the Department of Labor, Invalids, and Social Affairs to review the actual conditions of the locality to develop plans and networks for referral to facilitate transportation, location, and security conditions (infrastructure, equipment, human resources, and professional qualifications, security conditions) of the drug addiction status determination facility;

2. For individuals requiring determination of synthetic amphetamine-type substance addiction or both types of drugs, refer them to the psychiatric department of a provincial general hospital or a provincial mental hospital. The Department of Health shall be responsible for advising the People's Committee of the province/city directly under the central government to invest and upgrade the security conditions (infrastructure, equipment, human resources, and professional qualifications, security conditions) of the drug addiction status determination facility to meet the number of individuals requiring determination of drug addiction status in the locality;

3. The procedure for requesting determination of drug addiction status in the case of referral shall be implemented according to the provisions of Article 4 of this Joint Circular along with the Referral Letter of the healthcare facility of the authorized drug addiction status determination authority as stipulated in Article 3 of this Joint Circular. The model of the Referral Letter shall be applied according to the model in Appendix 1 issued together with Circular No. 14/2014/TT-BYT dated April 14, 2014 of the Minister of Health on the referral between healthcare facilities;

4. The procedure for determining drug addiction status in the case of referral shall be implemented according to the provisions of Article 5 of this Joint Circular.

Chapter III

IMPLEMENTATION

Article 7. Location for Determining Drug Addiction Status

The location for determining drug addiction status must be separate, ensuring security and public order, and meeting the minimum conditions for the daily life of individuals whose drug addiction status needs to be determined.

Article 8. Responsibilities of the Ministry of Health

1. To take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Public Security in organizing, implementing, inspecting, summarizing, and concluding the implementation of the provisions of this Joint Circular.

2. To direct the Provincial Health Departments to cooperate with the Provincial Departments of Labor, Invalids and Social Affairs and the Public Security Services of centrally governed cities and provinces to organize and implement this Joint Circular.

3. To assign units to monitor and direct the implementation of this Circular.

a) Department of Medical Examination and Treatment:

- To direct and guide the Provincial Health Departments and hospitals under the Ministry of Health to organize and implement this Joint Circular;

- To organize training and issue certificates or certificates of attendance on diagnosing and treating drug addiction for relevant personnel who have the authority to determine drug addiction status;

- To direct and guide the Provincial Health Departments to organize training and issue certificates or certificates of attendance on diagnosing and treating drug addiction for personnel who have the authority to determine drug addiction status as stipulated in Article 3 of this Joint Circular within their jurisdiction (excluding those already trained and certified by the Ministry of Health);

- To take the lead and coordinate with related agencies to inspect the implementation of this Joint Circular.

b) Inspectorate of the Ministry of Health:

- To coordinate with the Department of Medical Examination and Treatment in guiding, implementing, inspecting, and auditing the implementation of this Joint Circular;

- To direct and guide the Provincial Health Departments in conducting audits and inspections according to the functions and responsibilities of the health sector in implementing this Joint Circular;

- To take the lead and coordinate with related agencies to directly inspect and audit the implementation of this Joint Circular.

Article 9. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To direct the Department of Social Evil Prevention: To guide the implementation, inspection, and urging of departments and units under the Ministry of Labor, Invalids and Social Affairs to implement this Joint Circular; to coordinate with units under the Ministry of Health and the Ministry of Public Security to organize and guide the implementation of this Joint Circular.

2. To direct the Provincial Departments of Labor, Invalids and Social Affairs and units under the Ministry of Labor, Invalids and Social Affairs to implement this Joint Circular.

Article 10. Responsibilities of the Ministry of Public Security

1. To direct the General Police Force to cooperate with units under the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs to organize and implement this Joint Circular; to guide, inspect, and urge units within the People's Public Security to implement this Joint Circular.

2. To direct the Public Security Services of centrally governed cities and provinces to implement this Joint Circular and ensure security and public order at the facilities and locations where the determination of drug addiction status takes place.

Article 11. Responsibilities of the People's Committees of Provinces and Centrally Governed Cities

1. To direct all levels of People's Committees and related specialized agencies to select locations that meet the requirements set forth in Article 7 to serve as places for determining drug addiction status.

2. To direct the Provincial Health Departments to cooperate with the Provincial Departments of Labor, Invalids and Social Affairs to establish a referral network to determine drug addiction status within their jurisdiction as stipulated in Article 6 of this Joint Circular.

3. To direct the Provincial Departments of Labor, Invalids and Social Affairs, Public Security Services of centrally governed cities and provinces, and related agencies to cooperate with the Provincial Health Departments in organizing and implementing the provisions of this Joint Circular.

4. To allocate funds from local budgets and other sources as prescribed by the Law on State Budget and current legal documents to organize the implementation of this Joint Circular at the local level.

5. To inspect, supervise, summarize, and conclude the implementation of the provisions of this Joint Circular.

Article 12. Effective Date

1. This Joint Circular shall take effect from August 23, 2015.

2. To abolish Chapter III of Circular No. 03/2012/TTLT-BLDTBXH-BYT-BCA dated February 10, 2012, issued by the joint ministries of Labor, Invalids and Social Affairs, Health, and Public Security detailing and guiding the implementation of certain provisions of Decree No. 94/2010/NĐ-CP dated September 9, 2010, of the Government regarding family-based and community-based drug rehabilitation programs from the date this Joint Circular takes effect.

During the implementation of this Joint Circular, if there are difficulties or obstacles, agencies, organizations, and individuals should report them to the Ministry of Health (Department of Medical Examination and Treatment), the Ministry of Labor, Invalids and Social Affairs (Department of Social Evil Prevention), and the Ministry of Public Security (General Police Force) for timely guidance./.