Circular No. 57/2012/TT-BCA detailing the implementation of importation, management, use, and destruction of samples of narcotic substances for national defense and security purposes.

CIRCULAR

DETAILING THE IMPLEMENTATION OF IMPORT, MANAGEMENT, USE, AND DESTRUCTION OF SAMPLES OF DRUGS FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Decree No. Decree No. 58/2003/NĐ-CP dated May 29, 2003 of the Government on the control of import, export, and transit of drugs, precursors, narcotic drugs, and psychotropic substances through Vietnam's territory;

Decree No. Decree No. 45/2009/NĐ-CP dated May 13, 2009 of the Government guiding the importation, sampling, management, and use of samples of drugs, precursors, narcotic drugs, and psychotropic substances for national defense and security purposes;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decision No. Decision No. 52/2011/QĐ-TTg dated September 21, 2011 of the Prime Minister promulgating the Regulation on coordination to control legitimate activities related to drugs;

At the proposal of the Director General of the Criminal Police Investigation Agency,

The Minister of Public Security issues this Circular detailing the implementation of importation, management, use, and destruction of samples of drugs for national defense and security purposes.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of importation, management, use, and destruction of samples of drugs, precursors, narcotic drugs, and psychotropic substances (collectively referred to as drug samples) for national defense and security purposes as prescribed in Decree No. 45/2009/NĐ-CP dated May 13, 2009 of the Government guiding the importation, sampling, management, and use of samples of drugs, precursors, narcotic drugs, and psychotropic substances for national defense and security purposes.

Article 2. Applicability

This Circular applies to agencies, units, organizations, and individuals involved in the importation, management, use, and destruction of drug samples for national defense and security purposes.

Article 3. Types of drug samples

1. Standard drug samples.

2. Drug samples as evidence seized from drug cases.

3. Source vapor samples of drugs.

Article 4. Funding for activities

Funding for the importation, management, and use of drug samples for national defense and security purposes shall be provided from the state budget within the annual budget estimates of agencies and units authorized to conduct such activities.

Chapter II
IMPORTATION OF DRUG SAMPLES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 5. Agencies Authorized to Import Drug Samples for National Defense and Security Purposes

The Institute of Forensic Science, Ministry of Public Security is the sole agency authorized to import drug samples for national defense and security purposes.

Article 6. Authority to Issue and Revoke Import Permits for Drug Samples for National Defense and Security Purposes

The Office of the Permanent Steering Committee for Crime Prevention and Drug Control under the Ministry of Public Security is responsible for issuing and revoking import permits for drug samples for national defense and security purposes in accordance with the law.

Article 7. Documents Required for Application for Import Permit for Drug Samples for National Defense and Security Purposes

The documents required for application for an import permit for drug samples for national defense and security purposes include:

1. A document proving the lawful source of funding;

2. A budget estimate approved by the competent authority;

3. A notification of donated goods (if applicable);

4. A letter requesting issuance of the import permit from the Institute of Forensic Science.

Article 8. Procedures and Formalities for Issuing Import Permits for Drug Samples for National Defense and Security Purposes

1. Based on the approved budget estimate for the need to use drug samples by the Director General of the Police Department for Preventing and Combating Crime, the Institute of Forensic Science prepares the application for an import permit for drug samples and submits it to the Office of the Permanent Steering Committee for Crime Prevention and Drug Control for review.

2. Within fifteen working days from the date of receipt of the application, the Office of the Permanent Steering Committee for Crime Prevention and Drug Control is responsible for reviewing the application; if the application meets all requirements and conditions for importation and has a legally recognized agent for entrusted importation, it will issue the import permit according to the templates numbered 1a, 1b attached to this Circular. In case the application does not meet the requirements and conditions for importation, the Office of the Permanent Steering Committee for Crime Prevention and Drug Control will notify the Institute of Forensic Science in writing to supplement the application.

The import permit for drug samples for national defense and security purposes must be made in five sets (each set consisting of one copy in Vietnamese and one copy in the foreign language requested): one set sent to the Institute of Forensic Science, one set sent to the Drug-related Crime Investigation Bureau, one set sent to the Customs Office at the port of entry, one set retained at the Office of the Permanent Steering Committee for Crime Prevention and Drug Control, and one set sent to the exporting location.

3. After obtaining the import permit, the Institute of Forensic Science proceeds with the import procedures: signing a contract with the approved agent for entrusted importation (if permitted by the Ministry of Public Security, the Ministry of National Defense, or the Ministry of Finance for purchase and use); coordinating with the representative of the donor to complete the import procedures (if applicable).

Chapter III
MANAGEMENT, USE, AND DESTRUCTION OF DRUG SAMPLES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 9. Agencies authorized to use samples of narcotic substances for national defense and security purposes

1. The Institute of Criminal Science, Ministry of Public Security; Technical Crime Investigation Rooms of Provincial and Central City Police Departments.

2. The Drug-related Crime Investigation Department, Provincial and Central City Police Departments' Drug-related Crime Investigation Rooms, County-level Police Departments' Drug-related Crime Investigation Teams or Economic, Drug-related, and Environmental Crime Investigation Teams, and central and local agencies responsible for combating drug-related crimes under the Ministries of National Defense and Finance.

3. Training institutions for drug prevention and control staff under the Ministries of Public Security, National Defense, and Finance.

4. Units training service dogs and other animals under the Ministries of Public Security, National Defense, and Finance.

Article 10. Preparation of plans for samples of narcotic substances for national defense and security purposes

1. Each year, agencies and units requiring the use of samples of narcotic substances for national defense and security purposes must complete their demand forecast for the following year and submit it to the Institute of Criminal Science according to the following schedule:

a) Central agencies and units shall send their forecasts to the Institute of Criminal Science, Ministry of Public Security before May 1st using Form No. 2a, attached as an appendix to this Circular.

b) Remaining agencies and units shall send their forecasts to the Technical Crime Investigation Room of the provincial or central city police department where they are headquartered before April 1st; the Technical Crime Investigation Room shall compile the demand forecasts of these agencies and units and submit them to the Institute of Criminal Science before May 1st using Form No. 2b, attached as an appendix to this Circular.

2. The Institute of Criminal Science is responsible for reviewing each item and compiling the demand forecasts for samples of narcotic substances for national defense and security purposes from agencies and units to report to the Director of the Counter-Crime General Bureau for approval of the demand forecast using Form No. 2c, attached as an appendix to this Circular. In cases where the forecast contains unclear content, the Institute of Criminal Science will notify the agency or unit that submitted the forecast in writing to provide clarification. If there is no response within 15 working days from the date of sending the request for clarification, it will be considered that there is no need for sample usage.

3. After receiving the approval document for the demand forecast for samples of narcotic substances from the Director of the Counter-Crime General Bureau, the Institute of Criminal Science is responsible for:

- Preparing a proposal for the Office of the Permanent Secretariat for Crime Prevention and Drug Control to issue an import permit (for samples that require importation).

- Developing a plan and implementing the transformation, distribution, and packaging of products into appropriate units suitable for specific usage purposes. When producing samples of narcotic substances, a record must be made in accordance with regulations.

Article 11. Distribution of samples of narcotic substances for national defense and security purposes

1. Central agencies or units with headquarters in Hanoi shall collect samples at the Institute of Criminal Science, Ministry of Public Security. Other units shall collect samples at the Technical Crime Investigation Room of the provincial or central city police department where they are headquartered.

2. Units using samples of narcotic substances for national defense and security purposes shall coordinate with the Institute of Criminal Science, Ministry of Public Security; Technical Crime Investigation Rooms of provincial or central city police departments to agree on the time and location for sample handover, arrange personnel and means to ensure prompt and timely receipt of samples, and create all necessary conditions for units to receive samples as quickly as possible.

Article 12. Handover, storage, transportation of samples of narcotic substances for national defense and security purposes

1. When handing over samples of narcotic substances for national defense and security purposes, officers assigned the task must conduct checks to verify the name of the substance, type, quantity, concentration, content, production batch number, expiration date, quality, and sign in the handover logbook. Officers responsible for handover, transportation, and storage must be assigned tasks in writing by their unit leaders.

2. The national sample warehouse for narcotic substances is located at the Institute of Forensic Science under the Ministry of Public Security, directly managed by the Narcotics Testing Center, which receives imported samples, samples extracted from cases by anti-narcotics forces for national defense and security purposes, and stores and distributes manufactured narcotic substance samples.

Intermediate sample warehouses are located at provincial and centrally-administered city police departments, directly managed by the Criminal Technical Departments, serving to store and distribute manufactured narcotic substance samples; storage facilities must ensure safety against fire and explosion; if there is no separate warehouse, narcotic substance samples must be stored in a secure locked metal cabinet. Distribution must be accompanied by warehouse exit forms and receipt forms according to Forms 3 and 4 attached to this Circular. Individuals receiving narcotic substance samples must present a National Identity Card or a People's Police Identity Card.

Article 13. Use of samples of narcotic substances for national defense and security purposes

1. Agencies and units using samples of narcotic substances to trace origins must comply with regulations on origin tracing identification. They must record detailed usage processes in protocols or logbooks with signatures confirming participation by analysts and direct supervisors.

2. Identification laboratories using standard samples for identification purposes must maintain logs tracking sample usage with signatures confirming participation by analysts and direct supervisors.

3. Units using samples for vocational training, education, or training of drug detection dogs or other animals must record the condition and usage processes in protocols with signatures confirming participation by direct users and direct supervisors.

4. Direct users must self-manage and bear full responsibility throughout the usage process. If samples of narcotic substances are surplus, unused, or past their expiration date, the using unit must return them to the issuing unit via a formal letter and record the handover in a protocol.

5. After each usage period or annually at the time of submitting annual forecasts, using units must submit usage protocols to the Institute of Forensic Science under the Ministry of Public Security, which will retain them in the national sample warehouse.

6. Units using samples of narcotic substances must maintain usage logs as specified in Form 5 attached to this Circular. The Institute of Forensic Science must maintain logs for warehouse entry and exit as specified in Forms 6a and 6b, attached to this Circular.

Article 14. Destruction of samples of narcotic substances for national defense and security purposes

1. When there is no need to use samples of narcotic substances, the Criminal Technical Department must return them to the national sample warehouse.

2. When stored samples of narcotic substances become excessive or deteriorate after use or change due to storage duration, the Director of the Institute of Forensic Science must submit a report to the Director General of the Criminal Police Bureau (specifying the name, concentration, content, quantity, reasons for destruction, and method of destruction) for review by the Minister of Public Security and establishment of a destruction committee. The destruction committee includes representatives from the Supreme People's Procuracy, the Institute of Forensic Science, the Office of the Permanent Anti-Crime and Drug Control Task Force, the Drug Crime Investigation Bureau under the Ministry of Public Security, and national storage facility management staff.

Procedures and formalities for destroying samples of narcotic substances shall be carried out in accordance with criminal procedure laws regarding the destruction of evidence, and protocols, photographs, and records must be maintained as required by the Institute of Forensic Science under the Ministry of Public Security.

Chapter IV
REGIME OF REPORTING, STATISTICAL RECORDS, AND CONTROL OVER THE IMPORTATION, MANAGEMENT, AND USE OF SAMPLES OF NARCOTIC SUBSTANCES FOR NATIONAL DEFENSE AND SECURITY PURPOSES

Article 15. Reporting and Statistics System

1. Annually, from January 1 to January 10, units using and importing must compile and report the usage situation according to Model No. 7 issued together with this Circular to the Institute of Criminal Science, Ministry of Public Security (through the unit issuing the model). On January 15 each year, the Institute of Criminal Science must report to the Director General of the Anti-Crime and Anti-Terrorism General Department and the Office of the Standing Body for Crime Prevention and Drug Control about the importation, usage, destruction, and inventory of samples of narcotic substances of the previous year according to Model No. 8, Appendix issued together with this Circular.

2. In cases of confusion or loss of samples of narcotic substances, agencies and units must immediately report to their direct supervisory agency. Upon receiving the report, the direct supervisory agency must promptly conduct verification and investigation to take appropriate measures and report back to the Ministry of Public Security (through the Anti-Crime and Anti-Terrorism General Department).

Article 16. Responsibilities for Supervision, Inspection, Examination, and Handling Violations

1. Agencies and units with functions of importing, managing, using, and destroying samples of narcotic substances for national defense and security purposes are responsible for inspecting, supervising, and handling violations within their jurisdiction in the process of importing, managing, using, and destroying samples of narcotic substances of their own agencies and units, and compiling reports to the Ministry of Public Security (through the Anti-Crime and Anti-Terrorism General Department).

2. The Anti-Crime and Anti-Terrorism General Department of the Ministry of Public Security, in collaboration with functional agencies of ministries, sectors, and localities, will conduct supervision, inspection, examination, and handling of violations within their jurisdiction regarding the importation, management, distribution, and destruction of samples of narcotic substances.

Chapter V
IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from November 5, 2012.

Article 18. Responsibility for Implementation

1. The Anti-Crime and Anti-Terrorism General Department is responsible for organizing the implementation and guiding and inspecting the implementation of this Circular.

2. Directors of General Departments, Heads of Units under the Ministry, Directors of Provincial Police Departments, Directors of Provincial Fire Prevention and Fighting Departments, and Heads of agencies and units related to the importation, management, use, and destruction of samples of narcotic substances for national defense and security purposes are responsible for implementing this Circular.

During the implementation of this Circular, if there are any difficulties, agencies, units, and localities should reflect them to the Ministry of Public Security (through the Anti-Crime and Anti-Terrorism General Department) for timely guidance.