Decision No. 34/2008/QD-BCT Approves the Project to Strengthen Management and Control of Precursors until 2010

Pursuant to …;

Approving the Project to Enhance Management and Control of Precursors until 2010

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THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Prevention and Control of Narcotics 2000 and the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Narcotics adopted by the National Assembly on June 3, 2008;

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decision No. 156/2007/QĐ-TTg dated September 25, 2007 of the Prime Minister approving the Target Program for Prevention and Control of Narcotics until 2010;

Pursuant to Decision No. 42/2002/QĐ-TTg dated March 19, 2002 of the Prime Minister promulgating the Regulation on Management and Implementation of Target Programs at the National Level;

Considering the proposal of the Director of the Heavy Industry Department,

DECISION:

Article 1. Approves the Project "Enhancing Management and Control of Precursors" until 2010 with the following main contents:

I. OBJECTIVES OF MANAGEMENT AND CONTROL OF PRECURSORS

- To raise awareness and responsibility of relevant sectors, levels, organizations, and individuals involved in precursor activities regarding the management and control of precursors;

- To contribute to combating drug crimes and reducing the supply of synthetic drugs;

- To strictly manage and control legitimate activities related to precursors so that criminals cannot exploit them to illegally produce narcotics in Vietnam, while not affecting the production and business activities of organizations and individuals involved in precursor activities;

- To strictly manage and control all types of precursors, especially those with high risk of being diverted for illegal narcotic production, and to strictly control precursors used in the production of ATS;

- All organizations and individuals involved in high-risk precursors will be managed and controlled up to the final stage;

- All specialized staff responsible for managing and controlling precursors from central to local levels will be trained to enhance their expertise on precursors;

- To establish a data center for information networking in the management and control of precursors within the scope of countries.

II. ACTIVITIES TO ENHANCE MANAGEMENT AND CONTROL OF PRECURSORS

I. Improving the Legal System and Mechanisms for Managing and Controlling Precursors:Building and perfecting the legal system and mechanisms for managing and controlling precursors, including responsibilities for managing and controlling precursors for:

- Specialized agencies under the Border Guard Force responsible for preventing and controlling narcotics;

- Specialized agencies under the Coast Guard responsible for preventing and controlling drug-related crimes;

- Specialized agencies under Customs responsible for preventing and controlling drug-related crimes;

- Specialized agencies under the People's Procuracy; People's Courts; People's Committees at all levels, etc.;

2. Surveying and Evaluating the Situation of Production, Business (including import and export), Usage, Circulation, Storage, etc., of Precursors:Conducting basic surveys nationwide on the current situation of production, business (including import and export), usage, circulation, storage, etc., of precursors. Summarizing the quantity and types of precursors used by various industries such as Industry, Pharmacy, Health, etc.; the number of organizations and individuals participating in precursor activities; risks of diversion of precursors for the production of synthetic drugs.

3. Perfecting the Organization for Managing and Controlling Precursors:

- The Heavy Industry Department of the Ministry of Industry and Trade shall take the lead in establishing an inter-ministerial working group for managing and controlling precursors;

- Perfecting the organization for managing and controlling precursors of the Ministries of Public Security, Industry and Trade, Health, Defense; Customs; Border Guard; Coast Guard; and provinces and centrally-administered cities with sufficient staffing and capacity to fulfill assigned tasks in managing and controlling precursors;

- Organizing training to enhance the expertise of 100% of specialized staff responsible for managing and controlling precursors from central to local levels.

4. Raising Awareness of Organizations and Individuals Involved in Precursor Activities; Preventing and Combating Diversion of Precursors for Illicit Drug Production:

- Organizing propaganda and education to raise awareness among enterprises involved in precursor activities; preventing and combating diversion of precursors for illicit drug production. Propaganda and education must be continuous and regular; propaganda materials must be simple and easy to understand.

- Applying feasible measures at chemical production and trading facilities to prevent diversion of precursors: Precursors must be strictly managed and controlled to prevent criminals from exploiting them for drug production and synthesis. Chemicals used in the chemical industry are basic raw materials required in large quantities for the production and processing of other industrial products, thus appropriate management methods are needed to ensure stable production while preventing their exploitation for drug production and synthesis. Precursors used as medicines in combination form can be used to synthesize psychoactive substances and addictive substances, requiring stricter and more rigorous control than those used in the industrial sector. Feasible measures to prevent diversion of precursors at production and trading facilities include implementing record-keeping and reporting systems: Export and import receipts for precursors should not be combined with other goods and materials; records must be complete and accurate in quantity and quality; full compliance with current regulations on invoices and certificates in receipt and sale transactions must be ensured. Documents related to precursor activities must be retained according to current regulations, and upon expiration of the retention period, the head of the unit is responsible for establishing a committee to destroy them and must prepare a record. Regular six-month and annual reports on production, trading, usage, and inventory during the period must be submitted to the central management department.

- Organize conferences in the Northern and Southern regions to provide organizations and individuals involved in precursor activities with understanding and self-responsibility for managing precursors, preventing their loss and illegal use in drug production.

5. Apply inspection measures for chemical production and trading establishments to prevent precursor loss:

Inspect the implementation of the Regulation on Precursor Management for Industrial Use issued together with Decision No. 134/2003/QĐ-BCN dated August 25, 2003, Decision No. 04/2004/QĐ-BCN dated January 7, 2004, and Decision No. 41/2006/QĐ-BCN dated December 1, 2006 of the Ministry of Industry (now the Ministry of Industry and Trade); inspect temporary import and re-export of sassafras oil; inspect the implementation of the Regulation on Psychotropic Drug Management, List of Psychotropic Drugs and Precursors Used as Medicines, and List of Psychotropic Drugs and Precursors Used as Medicines in Combined Forms issued together with Decision No. 3047/2001/QĐ-BYT dated July 12, 2001, Decision No. 1443/2002/QĐ-BYT dated April 25, 2002, and Decision No. 71/2004/QĐ-BYT dated January 9, 2004 of the Ministry of Health; and inspect the use of precursors for anti-crime operations, transit through Vietnam territory by organizations and individuals involved in precursor activities.

The inspection content includes:

a) Legal status of enterprises

- Business registration certificate and business license issued by competent authorities;

- Tax registration certificate:

- Export and import enterprise code registration certificate.

b) Production and trading situation (including export and import) of enterprises regarding precursors for six months and annually.

c) Record-keeping system (account books, vouchers, warehouse entry and exit forms, etc.) and the implementation of semi-annual and annual reports to the principal management agency by enterprises.

6. Establish a data center for information management and control of precursors nationwide:

- The data center will be located at the Heavy Industry Department, Ministry of Industry and Trade. The Heavy Industry Department will lead the establishment of the data center and set up an information network with relevant ministries and agencies such as Public Security, Health, Defense, Customs, Border Guard, Coast Guard, and central cities and provinces to promptly provide comprehensive information on precursor management and control.

7. Compile and publish a set of documents on precursor management and control; complete the Test-Kit for rapid detection of various precursors to serve national precursor management and control:

- Organize the compilation of a guidebook on precursor management and control for nationwide distribution;

- Research, complete, and produce the Test-Kit for rapid detection of various precursors to provide free of charge to Customs, Border Guard, Coast Guard, etc.;

- Organize research to detect new types of precursors.

8. International cooperation in precursor management and control:

- Strictly implement international commitments on precursor management and control;

- Closely cooperate, organize visits, training sessions, learning exchanges with international organizations such as Interpol, ASEANPOL, INCB, UNODC, and foreign organizations and individuals to exploit and collect information and experience on precursor management and control.

III. SOME SOLUTIONS TO IMPLEMENT MANAGEMENT AND CONTROL ACTIVITIES OF PRECURSORS.

- Organize seminars;

- Print and disseminate documents;

- Organize training classes;

- Form inspection teams and conduct inspections at least once a year;

- Disseminate public information;

- Strengthen international cooperation.

IV. BUDGET AND IMPLEMENTATION TIMEFRAME

1. The project budget is 9.53 billion VND (nine billion five hundred thirty million VND) from the State Budget, including 6.1 billion VND for 2009 and 3.43 billion VND for 2010.

2. The implementation period is three years: From 2008 to 2010, as follows:

Detailed project budget as attached Appendices 1 to 8.

V. IMPLEMENTATION

1. Ministry of Industry and Trade:

- Lead basic investigation of precursors used in industrial sectors;

- Conduct basic investigations on sassafras oil, safrole, and isosafrole;

- Improve the organizational structure for precursor management and control in the industry and trade sectors;

- Organize propaganda and education to enhance awareness about precursors in the industry and trade sectors;

- Organize import and export permit issuance for precursors used in industrial sectors;

- Organize temporary import and re-export permit issuance for sassafras oil, safrole, and isosafrole;

- Organize inspections of precursor production and trading in industrial sectors;

- Organize inspections of temporary import and re-export of sassafras oil, safrole, and isosafrole;

- Lead the development of solutions to improve precursor management and control capacity;

- Lead coordination with the Permanent Office of the Narcotics Control Department of the Ministry of Public Security and other ministries and agencies to establish a data center for precursor management and control;

- Organize the compilation of propaganda and educational materials on precursors;

- Serve as the focal point for international cooperation on precursors;

2. The Ministry of Public Security:

- Complete the legal framework (lead coordination with other ministries and agencies to guide the implementation of the Law Amending and Supplementing the Anti-Narcotics Law).

- Investigate basic information on precursors for combating criminal activities and transit through Vietnam of various precursors;

- Take the lead in developing plans to improve the organizational structure of the police force and provincial cities to manage and control precursors;

- Organize propaganda and education to enhance awareness among the police forces regarding precursors;

- Organize the issuance of import and export permits for precursors used in combating criminal activities and transit permits;

- Organize inspections of precursors used in combating criminal activities and transit;

- Develop solutions to enhance management and control capabilities of precursors within the police sector;

3. The Ministry of Health:

- Investigate basic information on precursors in the healthcare field;

- Improve the organizational structure for managing and controlling precursors within the healthcare sector;

- Organize propaganda and education to enhance awareness about precursors within the healthcare sector;

- Organize the issuance of permits for precursors used in the healthcare field;

- Organize inspections of precursor production and business operations within the healthcare sector;

- Develop solutions to enhance management and control capabilities of precursors within the healthcare sector;

4. General Customs Department:

- Investigate basic information on the circulation and transportation of various precursors through airport, port, and other customs-controlled areas;

- Improve the organizational structure for managing and controlling precursors within the customs sector;

- Organize propaganda and education to enhance awareness about precursors within the customs sector;

- Develop solutions to enhance management and control capabilities of precursors within the customs sector;

5. Border Guard Force:

- Investigate basic information on the circulation and transportation of precursors along the entire border line, except those areas under customs control;

- Improve the organizational structure for managing and controlling precursors within the Border Guard Force;

- Organize propaganda and education to enhance awareness about precursors within the Border Guard Force;

- Develop solutions to enhance management and control capabilities of precursors within the Border Guard Force;

6. Coast Guard:

- Investigate basic information on the circulation and transportation of precursors in Vietnam's maritime zones, excluding areas under the Border Guard Force's jurisdiction;

- Improve the organizational structure for managing and controlling precursors within the Coast Guard;

- Organize propaganda and education to enhance awareness about precursors within the Coast Guard;

- Develop solutions to enhance management and control capabilities of precursors within the Coast Guard;

7. Institute of Criminal Science, Ministry of Public Security and Vietnam Industrial Chemistry Institute:

- Organize the compilation of guidance materials on managing and controlling precursors for nationwide dissemination and distribution;

- Research and complete the production of test kits for rapid detection of various precursors, to be provided to Customs, Border Guard, Coast Guard, etc.;

- Organize research to detect new types of precursors.

8. Ministries:- Planning and Investment, Finance, and other ministries and sectors according to their functions and responsibilities, take the lead in coordinating with the Ministry of Industry and Trade to implement specific measures and policies to effectively manage and control precursors nationwide;

9. People's Committees of provinces and centrally-administered cities:- According to their functions and responsibilities, coordinate with the Ministry of Industry and Trade to implement specific measures and policies to effectively manage and control precursors within their respective jurisdictions;

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related agencies and organizations are responsible for implementing this Decision./.