Decree No. 45/2009/ND-CP guides the importation, sampling, management, and use of samples of narcotic drugs, precursor chemicals, addictive substances, and psychotropic substances for national defense and security purposes.

DECREE

Guidelines for importing samples, taking samples, managing, and using samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances for national defense and security purposes

_______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000, amended and supplemented on June 3, 2008;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Decree provides guidelines for importing samples, taking samples, managing, and using samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances for training, tracing the origin to serve the work of preventing and combating drug-related crimes by the Police, Military, and Customs forces (hereinafter referred to as lawful activities related to narcotics for national defense and security purposes).

Article 2. The management, handling of evidence, and taking samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances for forensic examination to serve criminal investigation, prosecution, and trial of drug-related cases shall be carried out in accordance with the provisions of the Criminal Procedure Code.

Article 2. Interpretation of Terms

Article 3. Training in preventing and combating drug-related crimes includes teaching, training, and instructing staff involved in anti-drug work; training animals and other activities related to identifying narcotics, precursor chemicals, addictive drugs, psychotropic substances.

Article 4. Tracing the origin of narcotics involves applying chemical and physical methods to determine the state, nature of raw materials, handwriting, printing, logos on packaging, in order to identify the place of production, method, and manner of manufacturing narcotics, precursor chemicals, addictive drugs, psychotropic substances to serve the work of preventing and combating drug-related crimes.

Article 3. Principles for conducting lawful activities related to narcotics for national defense and security purposes

Clause 1. Activities of importing samples, taking samples, managing, and using samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances must comply with the purpose, as stipulated in this Decree and other relevant legal documents.

Clause 2. Strictly prohibit the abuse of lawful activities prescribed in this Decree for personal gain, infringing upon the legitimate rights and interests of individuals, agencies, organizations, and violating state management regulations on anti-drug work.

Chapter II

IMPORTING SAMPLES, TAKING SAMPLES, MANAGING AND USING SAMPLES OF NARCOTICS, PRECURSOR CHEMICALS, ADDICTIVE DRUGS, PSYCHOTROPIC SUBSTANCES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 4. Importing samples, taking samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances

Clause 1. Sample sources of narcotics, precursor chemicals, addictive drugs, psychotropic substances are taken from evidence in drug-related crime cases that have been discovered and seized, and imported through legitimate foreign agencies and organizations.

Clause 2. Law enforcement forces, when discovering and seizing narcotics, precursor chemicals, addictive drugs, psychotropic substances with a quantity of 350 grams or more, 100 tablets, tubes, or 5 liters of liquid or less but are new types of narcotics, precursor chemicals, addictive drugs, psychotropic substances, in addition to taking samples for forensic examination according to procedural requirements, must also extract samples to send to the Institute of Forensic Science under the Ministry of Public Security for tracing the origin.

Clause 3. Taking samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances must be conducted in accordance with the procedures for taking samples for forensic examination as stipulated in the Criminal Procedure Code. The Ministry of Public Security shall coordinate with the Supreme People's Procuracy and the Supreme People's Court to specify the quantity, procedures, and formalities for taking samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances from evidence seized in drug-related crime cases.

Clause 4. Importing samples of narcotics, precursor chemicals, addictive drugs, psychotropic substances shall be carried out in accordance with current regulations on importing narcotics, precursor chemicals, addictive drugs, psychotropic substances.

Article 5. Authorities and units may conduct lawful activities related to narcotics for national defense and security purposes.

1. Upon request and with the authorization of the competent authority, the Institute of Criminal Science under the Ministry of Public Security may import, collect, manage, and use samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for training purposes and tracing the origin to serve the work of preventing and combating drug-related crimes for public security forces, military, and customs.

2. The Drug Crime Investigation Police Department under the Ministry of Public Security, the Anti-Drug Crime Prevention Department under the Border Guard Command, the Marine Police Department under the Ministry of National Defense, and the Anti-Smuggling Investigation Department under the General Administration of Customs may receive, manage, and use samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances from the Institute of Criminal Science under the Ministry of Public Security for training purposes.

3. The Criminal Technical Investigation Departments of provincial and centrally-administered city public security organs may receive, manage, and use samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances from the Institute of Criminal Science under the Ministry of Public Security for training purposes and tracing the origin.

4. Training institutions for personnel in the prevention and combat of drug-related crimes under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance may receive, manage, and use samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances from the Institute of Criminal Science under the Ministry of Public Security for training purposes.

5. Units training specialized dogs or other animals to detect narcotics under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance may receive, manage, and use samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances from the Institute of Criminal Science under the Ministry of Public Security for training purposes.

Article 6. Management, use, and destruction of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

1. Units specified in Article 5 of this Decree, when receiving samples of narcotic substances, addictive drugs, and psychotropic substances from the Institute of Criminal Science under the Ministry of Public Security for use, must establish a handover record. The management and use of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances must be strict, without loss, damage, or misuse. In cases where samples of narcotic substances, addictive drugs, and psychotropic substances are no longer usable for training purposes or tracing the origin, a destruction committee must be established, recorded in the handover record, and the follow-up file must be retained.

2. The Minister of Public Security shall specify the detailed regulations on the management, use, and destruction of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for training purposes and tracing the origin.

Article 7. Reporting and statistical system for lawful activities related to narcotics for national defense and security purposes.

1. Authorities and units managing and using samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances must implement the reporting and statistical system as prescribed by the Ministry of Public Security. Documents related to lawful activities concerning narcotics for national defense and security purposes must be kept and managed according to confidential document regulations.

2. Annually, authorities and units requiring the importation and use of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes must prepare plans and submit them to the Ministry of Public Security for review and decision.

3. The Ministry of Public Security shall provide specific guidance on procedures, formalities, and the unit responsible for managing and monitoring the importation of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. State management of lawful activities related to narcotics for national defense and security purposes

The Ministry of Public Security shall take the lead and coordinate with other ministries, ministerial-level agencies, and government-affiliated agencies to uniformly manage state activities concerning the importation, sampling, management, and use of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes in accordance with the provisions of the law, including:

1. Developing and implementing regulations and plans for the importation, sampling, management, and use of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

2. Organizing training and capacity building for staff involved in the importation, sampling, management, and use of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

3. Issuing and revoking permits for the importation of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

4. Conducting state statistics on the importation of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

5. International cooperation and inspection, audit, complaint resolution, and handling of violations of the law regarding the importation, sampling, management, and use of samples of narcotic substances, precursor chemicals, addictive drugs, and psychotropic substances for national defense and security purposes.

Article 9. Budget guarantee for lawful activities related to narcotics for national defense and security purposes

1. The state budget shall ensure funding for lawful activities related to narcotics for national defense and security purposes, which shall be balanced and allocated in the annual budget plan assigned to the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance.

2. The establishment, implementation, and settlement of the state budget ensuring funding for lawful activities related to narcotics for national defense and security purposes shall be carried out in accordance with the State Budget Law and guiding documents.

Article 10. Rewards and Handling of Violations

1. Agencies, units, and individuals who achieve outstanding results in implementing the provisions of this Decree shall be rewarded according to the provisions of the law.

2. Agencies, units, and individuals who violate the provisions of this Decree shall be subject to administrative penalties or criminal responsibility追究根据违法行为的性质和程度，依照法律规定。

Article 11. Effective Date

This Decree takes effect from July 1, 2009.

Article 12. Responsibility for Implementation

1. The Minister of Public Security, the Minister of National Defense, the Minister of Finance, and law enforcement agencies responsible for drug prevention and control within their respective duties and authorities shall be responsible for inspecting and urging the implementation of this Decree.

2. Relevant ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for enforcing this Decree./.