Circular No. 34/2025/TT-BCA stipulates certain lawful activities related to narcotics for national defense and security purposes.

CIRCULAR

Regulations on certain lawful activities related to narcotics for national defense and security purposes

For the purpose of national defense and security

Pursuant to the Law on Prevention and Control of Narcotics No. 73/2021/QH14 dated March 30, 2021;

Pursuant to the Law on Legislative Regulatory Documents No. 64/2025/QH15 dated February 19, 2025;

At the proposal of the Director of the Drug Administration and the Director of the Traditional Medicine Administration;

BASED ON DECREE NO. 02/2025/ND-CP DATED FEBRUARY 18, 2025 OF THE GOVERNMENT ON FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF PUBLIC SECURITY;

At the proposal of the Director of the Institute of Criminal Science;

The Minister of Public Security promulgates this Circular regulating certain lawful activities related to narcotics for national defense and security purposes.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates certain lawful activities related to narcotics for national defense and security purposes, including: research, production, import, export of narcotic substances and precursors; import, sampling, receipt and delivery, storage of narcotic substance samples; responsibility for issuing permits to conduct such activities; budgeting, reporting systems, inspection, supervision, and forms, documents, and ledgers in certain lawful activities related to narcotics for national defense and security purposes.

This Circular does not regulate lawful activities related to narcotics for national defense and security purposes concerning the list of precursors prescribed by the Government within the jurisdiction of the Ministry of National Defense.

Article 2. Applicability

1. Specialized agencies for preventing and combating drug-related crimes under the People's Public Security; specialized agencies for preventing and combating drug-related crimes under the Border Guard and Coast Guard Forces of the People's Army; and specialized agencies for preventing and combating drugs under the Customs Department of the Ministry of Finance.

2. Technical Crime Investigation Units of the People's Public Security.

3. Agencies, organizations, and individuals involved in lawful activities related to narcotics for national defense and security purposes.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Lawful activities related to narcotics for national defense and security purposes are activities involving research, production, import, export of narcotic substances and precursors; import, sampling, receipt and delivery, storage of narcotic substance samples by authorized agencies serving forensic examination, tracing the origin of narcotics, training in anti-drug crime operations, and training animals to detect narcotics in the People's Public Security, the People's Army, and the Customs Force under the Ministry of Finance.

2. Narcotic substance samples are samples of narcotic substances and precursors; addictive drugs; psychotropic drugs; drug precursors; raw materials for medicinal preparations containing addictive drugs, psychotropic drugs, and drug precursors; and veterinary drugs containing narcotic substances and precursors.

Chapter II

SPECIFIC PROVISIONS

Article 4. Research on narcotic substances and precursors for national defense and security purposes

1. The Drug Investigation Police Bureau shall be responsible for receiving applications, reviewing, and issuing permits for conducting research on narcotic substances and precursors for national defense and security purposes.

2. The Public Security Academy shall be responsible for receiving applications, organizing selection or directly assigning scientific and technological tasks related to research on narcotic substances and precursors for national defense and security purposes according to its functions and assigned tasks; coordinating with the Drug Investigation Police Bureau and relevant units of the Ministry of Public Security to monitor and supervise such research activities within the Public Security.

3. The Institute of Criminal Science, the National Security Industry Bureau, and the Criminal Technical Investigation Department of provincial-level city public security organs are units entrusted to conduct research on narcotic substances and precursors for national defense and security purposes.

4. Procedures and formalities for issuing permits for research on narcotic substances and precursors for national defense and security purposes:

a) Based on the notification of the results of the Scientific Task Selection Council or direct assignment of scientific and technological tasks within the Public Security issued by the Public Security Academy, the unit registering as the main implementer of the scientific and technological task shall prepare an application for a permit to conduct research and submit it to the Drug Investigation Police Bureau.

b) Within five working days from the date of receiving complete files as stipulated, the Drug Investigation Police Bureau shall be responsible for reviewing and issuing permits for research on narcotic substances and precursors.

In cases where there is a request to amend or supplement documents, within the latest three working days from the date of receiving the file, the Drug Investigation Police Bureau shall notify the applicant in writing about the need to amend or supplement documents, specifying the documents, contents that need to be amended or supplemented, and the completion time. The acceptance and processing of files shall be completed within three working days from the date of receiving the completed amended and supplemented files.

If the deadline for amending or supplementing the file has expired or if there is inconsistency between the application document and the supporting documents in the file, the Drug Investigation Police Bureau will not proceed with the resolution.

5. Documents for applying for a permit to conduct research on narcotic substances and precursors for national defense and security purposes include:

a) An application for a permit to conduct research on narcotic substances and precursors submitted by the unit registering as the main implementer of the scientific and technological task;

b) A notification of the results of the Scientific Task Selection Council or direct assignment of scientific and technological tasks within the Public Security issued by the Public Security Academy;

c) A registration form for the selection or direct assignment of scientific and technological tasks within the Public Security;

d) The scientific curriculum vitae of the individual registering to implement the task and a summary of the scientific and technological activities of the unit registering as the main implementer of the scientific and technological task within the Public Security.

6. Forms, documents, and ledgers in research activities on narcotic substances and precursors for national defense and security purposes:

a) An application for a permit to conduct research on narcotic substances and precursors according to Model No. 1 issued together with this Circular;

b) A decision to issue a permit for research on narcotic substances and precursors according to Model No. 2 issued together with this Circular;

c) A record of research activities on narcotic substances and precursors (compounding, processing) according to Model No. 3 issued together with this Circular;

d) A receipt/delivery form for narcotic substances, precursors, and narcotic substance samples according to Model No. 4 issued together with this Circular;

đ) A record of receipt, delivery, use, and inventory of narcotic substances, precursors, and narcotic substance samples according to Model No. 5 issued together with this Circular;

e) Documents related to the purchase and sale of narcotics and precursor chemicals for research activities.

Article 5. Production of Narcotics and Precursor Chemicals for National Defense and Security Purposes

1. The Drug Crime Investigation Police Department shall be responsible for receiving applications, evaluating, and issuing permits for the production of narcotics and precursor chemicals for national defense and security purposes.

2. The Institute of Criminal Science is the sole entity authorized to produce narcotics and precursor chemicals for national defense and security purposes.

3. Procedures and formalities for issuing permits for the production of narcotics and precursor chemicals for national defense and security purposes:

a) Based on the planned sample of narcotics approved by the Minister of Public Security, the Institute of Criminal Science shall prepare an application for a permit to produce narcotics and precursor chemicals for national defense and security purposes and submit it to the Drug Crime Investigation Police Department.

b) Within thirty working days from the date of receipt of all required documents, the Drug Crime Investigation Police Department shall be responsible for assessing, evaluating, and issuing a permit for the production of narcotics and precursor chemicals for national defense and security purposes.

The decision to issue a permit for the production of narcotics and precursor chemicals for national defense and security purposes must clearly state the name and type of permitted narcotics and precursor samples; quantity and quality of narcotics and precursor chemicals; production time; production location;

c) In cases where there is a request to amend or supplement the application, within the latest three working days from the date of receipt of the application, the Drug Crime Investigation Police Department shall notify the Institute of Criminal Science in writing about the need to amend or supplement the application. After receiving all necessary documents, the Drug Crime Investigation Police Department shall proceed to issue the permit according to the provisions of point b, Clause 3 of this Article.

4. The application for a permit to produce narcotics and precursor chemicals for national defense and security purposes includes:

a) A request for a permit to produce narcotics and precursor chemicals;

b) The planned sample of narcotics approved by the Minister of Public Security;

c) The production plan for narcotics and precursor chemicals, specifying the name and type of narcotics and precursor chemicals to be produced; packaging form, quantity, quality of narcotics and precursor chemicals; production time and location; plans and measures to ensure safety and storage conditions for narcotics and precursor chemicals during production.

5. After production, narcotics and precursor chemicals must be stored in the national narcotics sample warehouse to serve legitimate activities related to narcotics for national defense and security purposes.

6. Forms, documents, and ledgers in the production of narcotics and precursor chemicals and sample narcotics for national defense and security purposes:

a) The request for a permit to produce narcotics and precursor chemicals according to Form No. 6 issued together with this Circular;

b) The decision to issue a permit to produce narcotics and precursor chemicals according to Form No. 7 issued together with this Circular;

c) The decision of the Minister of Public Security approving the need to use sample narcotics and the planned sample of narcotics according to Form No. 8 issued together with this Circular;

d) The production plan for narcotics and precursor chemicals according to Form No. 9 issued together with this Circular;

đ) The ledger tracking the production activities of narcotics and precursor chemicals and sample narcotics according to Form No. 10 issued together with this Circular;

e) The ledger tracking the import, export, use, and inventory of narcotics and precursor chemicals and sample narcotics according to Form No. 5 issued together with this Circular;

g) The warehouse entry/exit slip for narcotics and precursor chemicals and sample narcotics according to Form No. 4 issued together with this Circular;

h) Documents related to the purchase and sale of narcotics and precursor chemicals for production activities.

Article 6. Importing, exporting narcotic drugs, precursor chemicals, and importing samples of narcotic drugs for national defense and security purposes.

1. The Narcotics Crime Investigation Police Department shall be responsible for receiving applications, reviewing, and issuing permits for the activities of importing, exporting narcotic drugs, precursor chemicals, and importing samples of narcotic drugs for national defense and security purposes.

2. The Institute of Criminal Science is the sole entity authorized to import, export narcotic drugs, precursor chemicals, and import samples of narcotic drugs for national defense and security purposes.

3. Procedures and formalities for issuing permits for importing, exporting narcotic drugs, precursor chemicals, and importing samples of narcotic drugs for national defense and security purposes:

a) Based on the planned sample narcotic drug plan approved by the Minister of Public Security, the Institute of Criminal Science shall prepare an application for a permit to import, export narcotic drugs, precursor chemicals, and import samples of narcotic drugs and submit it to the Narcotics Crime Investigation Police Department.

b) Within a maximum period of three working days from the date of receipt of the complete application for a permit to import narcotic drugs as prescribed, the Narcotics Crime Investigation Police Department shall review and issue permits for importing, exporting narcotic drugs, precursor chemicals, and importing samples of narcotic drugs.

c) Within ten working days from the date of receipt of the complete application as prescribed, the Narcotics Crime Investigation Police Department shall review, implement pre-export notifications, and issue export permits. In cases where the competent authority of the importing country does not approve the pre-export notification requirement, the Narcotics Crime Investigation Police Department shall not issue the permit and notify the Institute of Criminal Science in writing of the reasons.

4. Application documents for permits to import, export narcotic drugs, precursor chemicals, and import samples of narcotic drugs for national defense and security purposes:

a) An application for a permit to import, export narcotic drugs, precursor chemicals, and samples of narcotic drugs from the Institute of Criminal Science;

b) Export or import permits from the country of origin or destination (if applicable);

c) A certified copy of the planned sample narcotic drug plan approved by the Minister of Public Security.

If the above documents are in a foreign language, they must be accompanied by a certified Vietnamese translation in accordance with the provisions of the Notarization Law.

5. Imported narcotic drugs, precursor chemicals, and samples of narcotic drugs must be stored in the National Sample Narcotic Drug Warehouse to serve legitimate activities related to narcotic drugs for national defense and security purposes.

6. Forms, documents, and ledgers in the activities of exporting, importing narcotic drugs, precursor chemicals, and importing samples of narcotic drugs for national defense and security purposes:

a) A record book tracking the export and import activities of narcotic drugs, precursor chemicals, and imported samples of narcotic drugs according to Model No. 11 issued together with this Circular;

b) Relevant documents related to the export and import activities of narcotic drugs, precursor chemicals, and imported samples of narcotic drugs.

Article 7. Collecting Samples of Narcotic Drugs for National Defense and Security Purposes

1. Collecting samples of narcotic drugs as evidence from cases involving narcotics crimes to trace the source of narcotic drugs shall be carried out according to the procedures for tracing the source of narcotic drugs through forensic examination.

2. Collecting samples of narcotic drugs as products of importing samples of narcotic drugs and producing narcotic drugs, precursor chemicals to serve forensic work, training in anti-narcotics operations, and training service animals shall be carried out according to the planned sample narcotic drug plan approved by the Minister of Public Security.

3. Based on the planned sample narcotic drug plan approved by the Minister of Public Security, the Institute of Criminal Science shall proceed to transform, divide, and package samples of narcotic drugs appropriately for the intended use by various units.

Article 8. Transfer and receipt of drug samples for national defense and security purposes

1. Based on usage needs, the unit using drug samples shall submit a written request to the national drug sample storage management unit or the intermediate drug sample storage management unit for provision of drug samples.

2. Based on the introduction letter (or task assignment document) and the written request from the unit using drug samples, the representative of the national drug sample storage management unit or the representative of the intermediate drug sample storage management unit shall issue a confirmation document for the transportation of drug samples to the individual assigned to transport drug samples from the national drug sample storage to the intermediate drug sample storage or from the intermediate drug sample storage to the using unit.

3. When transferring and receiving drug samples, a record must be established. The representatives of the transferring and receiving parties must conduct checks and verifications of the name, quantity, type, concentration, production batch number, and expiration date, and sign their confirmation on the relevant documents and ledgers.

4. The unit receiving drug samples and transporting them from the national drug sample storage to the intermediate drug sample storage or from the intermediate drug sample storage to the using unit must ensure security and safety and be subject to inspection and supervision according to regulations.

5. Forms, documents, and ledgers in the transfer and receipt of drug samples for national defense and security purposes:

a) Drug sample supply request form for national defense and security purposes according to Form No. 12 issued together with this Circular;

b) Confirmation document for the transportation of drug samples for national defense and security purposes according to Form No. 13 issued together with this Circular;

c) Record of transfer and receipt of drug samples according to Form No. 14 issued together with this Circular.

Article 9. Preservation of drug samples for national defense and security purposes

1. Drug samples are stored in the national drug sample storage and the intermediate drug sample storage.

The national drug sample storage is located at the Institute of Criminal Science; the intermediate drug sample storage is located at units permitted to manage and use drug samples under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance.

2. The national drug sample storage and the intermediate drug sample storage must be arranged separately (in terms of functionality), convenient for storage activities such as entry and exit, preservation, ensuring security and fire prevention and extinguishing safety; equipped with lighting, ventilation, temperature and humidity control systems, and anti-toxic devices. The drug sample storage area must have a minimum area of 15 square meters.²Inside the storage facility, there must be equipment and facilities suitable for storing and preserving samples according to the requirements of each type of sample, such as sample racks, sample cabinets, refrigerators, or freezers.

3. The allocation of storage management responsibilities is decided by the head of the storage management unit, with internal rules governing entry and exit, ensuring security and safety.

Article 10. Preparation of budgets and reporting procedures for lawful activities related to drugs for national defense and security purposes

1. Annually, units managing and using drug samples shall prepare budgets and register the quantity of drug samples to be used and submit them to the Institute of Criminal Science according to Form No. 15 issued together with this Circular.

2. Every six months and annually, units using drug samples shall report on the situation of drug sample usage to the Institute of Criminal Science according to Form No. 16 issued together with this Circular.

3. The Institute of Criminal Science shall take the lead in coordinating with the Drug Crime Investigation Bureau and related units to compile the demand for drug sample usage, develop a budget plan for drug samples for national defense and security purposes, and report it to the Minister of Public Security for approval according to Form No. 8 issued together with this Circular.

Article 11. Monitoring and Supervising Legal Activities Related to Narcotics for National Defense and Security Purposes

1. The Drug-related Crime Investigation Police Department shall take the lead in coordinating with relevant units to monitor, inspect, and supervise legal activities related to narcotics for national defense and security purposes; handle violations within its authority or propose competent authorities to handle violations by organizations and individuals (if any) during the conduct of legal activities related to narcotics for national defense and security purposes as stipulated in this Circular.

2. Units conducting research, production, export, import of narcotics, precursor chemicals, importation, use, storage of narcotic samples, management of the national narcotic sample warehouse, and intermediate narcotic sample warehouse shall be subject to inspection, supervision, and periodic or ad hoc reporting as prescribed.

Article 12. Implementation Funding

1. Funding for certain activities related to narcotics for national defense and security purposes at the Ministry of Public Security includes: funding for research, production, import, and export of narcotics and precursor chemicals; importation, sampling, receipt and delivery, and storage of narcotic samples; funding for constructing the national narcotic sample warehouse and intermediate narcotic sample warehouse. This funding is allocated from the annual state budget assigned by the Ministry of Public Security to local public security units and other legitimate sources as provided by law.

2. Funding for legal activities related to narcotics for national defense and security purposes at the Ministry of National Defense and the Ministry of Finance includes: funding for constructing intermediate narcotic sample warehouses; funding to ensure storage conditions for narcotic samples at the Ministry of National Defense and the Ministry of Finance. This funding is allocated from the annual state budget of the Ministry of National Defense and the Ministry of Finance and other legitimate sources as provided by law.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Circular takes effect from June 27, 2025.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Heads of subordinate units under the Ministry of Public Security, Directors of provincial and centrally-administered city public security departments, and heads of agencies, units, and individuals involved in legal activities related to narcotics for national defense and security purposes within their functional and operational scope are responsible for organizing the implementation of this Circular.

2. The Director of the Drug-related Crime Investigation Police Department and the Director of the Institute of Criminal Science are responsible for organizing guidance, inspection, and urging strict implementation of this Circular according to their assigned functions and tasks.

3. In the course of implementing this Circular, if there are any difficulties, local public security units, relevant agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Drug-related Crime Investigation Police Department or the Institute of Criminal Science) for timely guidance.