Directive No. 32/2008/CT-TTg on the organization and implementation of the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law and Resolution No. 16/2008/QH12 of the National Assembly

DIRECTIVE

Regarding the implementation of the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law
and Resolution No. 16/2008/QH12 of the National Assembly

On June 3, 2008, the National Assembly adopted the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law and Resolution No. 16/2008/QH12 dated June 3, 2008 on addressing certain issues following the expiration of the effectiveness of Resolution No. 16/2003/QH11 dated June 17, 2003 of the National Assembly regarding the implementation of the pilot project on organizing management, vocational training, and job placement for drug rehabilitation individuals in Ho Chi Minh City and other centrally governed cities and provinces. The Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law shall take effect from January 1, 2009.

To strictly and effectively organize the implementation of the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law and Resolution No. 16/2008/QH12 dated June 3, 2008 of the National Assembly, the Prime Minister requests:

1. Ministry of Labor, Invalids and Social Affairs:

a) To take the lead and coordinate with relevant agencies and organizations to direct and guide the organization of family-based drug rehabilitation, community-based drug rehabilitation, centralized drug rehabilitation at rehabilitation centers; post-rehabilitation management at places of residence and post-rehabilitation management centers for high-risk relapse individuals; support individuals who have completed rehabilitation to reintegrate into society and prevent relapse;

b) To take the lead in drafting the Decree detailing the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law concerning criteria for identifying high-risk relapse individuals, authority to decide procedures and formalities for admission to post-rehabilitation management centers, organization and operation of post-rehabilitation management centers, and benefits for rehabilitated individuals working at post-rehabilitation management centers;

c) To compile statistics and evaluate the situation of drug rehabilitation, post-rehabilitation management, and social issues after rehabilitation.

2. The Ministry of Public Security:

a) To take the lead and coordinate with relevant ministries and sectors to promptly complete the construction of the Strategy for Drug Prevention and Control until 2015, vision 2020 to be submitted to the Government for approval;

b) To take the lead and coordinate with relevant ministries and sectors to review and evaluate the implementation of Decision No. 133/2002/QĐ-TTg dated October 9, 2002 of the Prime Minister promulgating the Regulation on Coordination between Police Forces, Border Guard Forces, Coast Guard, and Customs in combating drug-related crimes in border areas, ports of entry, at sea, and the Comprehensive Plan for Border Drug Control until 2010;

c) To take the lead and coordinate with state agencies in combating drug-related crimes and the permanent office assisting the Government and the National Committee for HIV/AIDS and Drug Control in supervising, guiding, and inspecting the implementation of drug prevention and control work by various levels and forces.

3. The Ministry of National Defense to direct competent forces to develop specific plans to enhance the efficiency of preventive, blocking, detection, and combat measures against drug-related crimes in border areas on land, maritime border areas, contiguous zones, and the continental shelf.

4. Ministry of Justice

a) To organize the dissemination, popularization, and education on laws related to drug prevention and control;

b) To take the lead and coordinate with relevant ministries, sectors, and provincial People's Committees to organize the review, inspection, dissemination, and education on laws related to drug prevention and control to propose the competent authorities to issue, amend, supplement, or abolish legal documents that are no longer appropriate with the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law and Resolution No. 16/2008/QH12 of the National Assembly to ensure the consistency and synchronization of the legal system. The review of these legal documents must be completed before January 1, 2009.

5. The Ministry of Finance:

a) To take the lead and coordinate with the Ministry of Public Security, the Ministry of Labor, Invalids and Social Affairs, and relevant ministries and sectors to allocate the budget and ensure regular funding for the implementation of the Law Amending and Supplementing Certain Provisions of the Drug Prevention and Control Law;

b) To direct the implementation of strict control measures over means of transportation and goods exported and imported at border gates and inland customs clearance points, and to strengthen forces and equipment to combat illegal drug trafficking and smuggling through borders.

6. Ministry of Health:

a) To provide detailed guidance on procedures and formalities for identifying drug users and direct healthcare facilities to cooperate in testing and identifying drug users and participate in treatment and rehabilitation for drug users;

b) To regulate research on drugs and methods for drug rehabilitation, issuance and revocation of permits for circulation of drugs and methods for drug rehabilitation;

c) To strictly control precursor chemicals, narcotic drugs, and psychotropic substances in the health sector.

7. Ministry of Education and Training to direct the review and supplementation of drug prevention and control content in the curriculum; to direct the organization of extracurricular activities on drug prevention and control suitable for different educational levels and training programs; to closely coordinate with functional agencies in handling students, teachers suspected of drug addiction to prevent and push back drug-related vices from schools.

8. Ministry of Agriculture and Rural Development to take the lead and coordinate with the Ethnic Minority Committee and relevant agencies and organizations to promote the eradication of opium poppy cultivation; to implement effective and stable livelihood assistance programs for the people.

9. Ministry of Industry and Trade to control export, import, temporary import for re-export, production, sale, and use of precursor chemicals in the industrial sector according to the law to prevent criminals from exploiting them to illegally produce drugs.

10. Ministry of Culture, Sports and Tourism to direct the implementation of measures to disseminate and educate about drug prevention and control to all strata of the population, especially in remote areas and high-risk groups related to drug addiction and drug-related crimes through cultural, artistic, sports, and tourism activities.

11. The Ministry of Information and Communications, Vietnam Television, Voice of Vietnam, news agencies, and central and local press organizations shall intensify their efforts to promote the dissemination and education on laws related to preventing and combating drug abuse; commend exemplary models in preventing and combating drug-related crimes, drug rehabilitation, and eradicating the cultivation of drug-producing plants, etc., as a regular and continuous program with specific and practical forms. 12. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees:

a) Review current legal regulations, amend, supplement, and abolish legal normative documents related to preventing and combating drug abuse to align with the Law Amending and Supplementing Certain Provisions of the Law on Preventing and Combating Drug Abuse;

b) Issue guiding documents for the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Preventing and Combating Drug Abuse;

c) Organize extensive propaganda among cadres, civil servants, public officials, and various strata of the population regarding laws on preventing and combating drug abuse, particularly the new provisions in the Law Amending and Supplementing Certain Provisions of the Law on Preventing and Combating Drug Abuse, thereby enhancing awareness and responsibility of each individual and organization in the work of preventing and combating drug abuse;

d) Mobilize drug addicts and their families to voluntarily report their addiction status and register for appropriate drug rehabilitation methods; engage community strength in the work of preventing and combating drug abuse; enhance the responsibility of authorities at all levels in the work of preventing and combating drug abuse.

13. Chairpersons of provincial People's Committees:

a) Direct the People's Committees at the district and commune levels, relevant sectors, and organizations, especially at the grassroots level, to fully perform their functions and tasks assigned in the prevention and combat of drug-related crimes; organize drug rehabilitation through various methods and prevent relapse;

b) Strengthen the Steering Committee and specialized forces at all levels for preventing and combating drug abuse to assist the People's Committee in directing and managing the implementation of Directive No. 21-CT/TW dated March 26, 2008, of the Politburo on further strengthening leadership and direction in the work of preventing and controlling drug abuse in the new situation, and the provisions of the Law on Preventing and Combating Drug Abuse. Heads of administrative bodies, sector chiefs, and unit heads must bear responsibility for the occurrence of complex and serious drug-related social evils that persist within their units;

c) Coordinate with political and social organizations in the work of promoting and disseminating laws on preventing and combating drug-related crimes, mobilizing the people to participate in drug rehabilitation and post-rehabilitation management, vocational training, and job placement after rehabilitation.

14. The People's Committee of Ho Chi Minh City, Hanoi, and the provinces of Ba Ria-Vung Tau, Quang Ninh, Tay Ninh, Long An, and Binh Duong:

shall organize reviews and evaluations of the implementation of the Project "Organizing Management, Vocational Training, and Job Placement for Individuals After Drug Rehabilitation," taking measures to classify and address individuals under management, education, and vocational training after rehabilitation according to Resolution No. 16/2008/QH12 dated June 30, 2008, of the National Assembly and the Law Amending and Supplementing Certain Provisions of the Law on Preventing and Combating Drug Abuse. 15. The People's Committee of Ho Chi Minh City:

shall develop a project on utilizing city facilities for managing, educating, and providing vocational training and employment support for drug addicts after rehabilitation to organize management, education, and vocational training for individuals from other cities and provinces; report to the Prime Minister before December 15, 2008. 16. Propose the Vietnam Fatherland Front Central Committee, the General Confederation of Labor of Vietnam, the Communist Youth Union of Ho Chi Minh, the Vietnam Women's Union, the Vietnam Farmers' Union, the Vietnam Veterans' Association, and member organizations of the Fatherland Front

actively promote and educate members and the public about legal knowledge on preventing and combating drug abuse; participate in anti-drug activities within their functional and operational scope; closely coordinate with ministries, sectors, and People's Committees at all levels to organize the implementation of measures to prevent and combat drug abuse. 17. Propose the Supreme People's Procuracy and the Supreme People's Court coordinate with the Ministry of Public Security and the Ministry of Defense to direct the enhancement of investigation, prosecution, trial, and enforcement of sentences in drug-related cases; ensure the strictness of the law, serving positively the work of preventing drug-related crimes.

18. The Minister of Public Security shall be responsible for monitoring, urging, inspecting, and reporting to the Prime Minister on the implementation of this Directive.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial People's Committees are responsible for implementing this Directive; report to the Prime Minister and send copies to the Ministry of Public Security before December 15 each year for consolidation. This Directive takes effect 15 days after its publication in the Official Gazette./.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Directive; they shall report to the Prime Minister and simultaneously send to the Ministry of Public Security before December 15 each year for consolidation.

This Directive takes effect fifteen days from the date of publication in the Official Gazette./.