Law on Prevention and Control of Narcotics No. 73/2021/QH14

LAW

PREVENTION AND CONTROL OF DRUGS

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Prevention and Control of Drugs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates on drug prevention and control; management of illegal drug users; drug rehabilitation; responsibilities of individuals, families, agencies, and organizations in drug prevention and control; state management and international cooperation in drug prevention and control.

Article 2. Interpretation of Terms

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

1. Narcotic substance is a substance that causes addiction, a psychotropic substance listed in the drug list issued by the Government.

2. Addictive substance is a substance stimulating or inhibiting the nervous system, easily leading to addiction for users.

3. Psychotropic substance is a substance stimulating or inhibiting the nervous system or causing hallucinations, if used repeatedly may lead to addiction for users.

4. Precursor is a chemical indispensable in the process of manufacturing drugs as specified in the precursor list issued by the Government.

5. Veterinary drugs containing drugs, precursors are veterinary drugs. contain substances prescribed in Clauses 2, 3, and 4 of this Article.

6. Plant containing narcotic substance is opium plant, coca plant, cannabis plant and other plants containing narcotic substances as prescribed by the Government.

7. Drug prevention and control is preventing, blocking, combating drug-related crimes and social evils; controlling legitimate activities related to drugs.

8. Drug-related social evil is the illegal use of drugs, drug addiction and violations of laws on drugs that have not reached the level or are not subject to criminal prosecution.

9. Supervision of legitimate activities related to drugs is allowing, monitoring, inspecting, supervising legitimate activities related to drugs and preventing, stopping the misuse of such activities for other purposes.

10. Person using drugs illegally is a person who has the act of using drugs without permission from authorized persons or agencies and testing for drugs in the body results in a positive result.

11. Testing for drugs in the body is performing specialized techniques to determine drugs in the body through urine samples, blood samples or other body samples.

12. Drug addict is a person who uses drugs, addictive substances, psychotropic substances and becomes dependent on these substances.

13. Drug rehabilitation is a process of implementing health, psychological, and social support activities to help drug addicts stop using drugs, addictive substances, psychotropic substances, recover physically and mentally, enhance awareness, change behavior to end the illegal use of these substances.

14. Drug rehabilitation facility is an establishment set up to fully implement the drug rehabilitation procedures as prescribed by this Law, including public drug rehabilitation facilities and voluntary drug rehabilitation facilities.

Article 3. State policy on prevention and control of drugs

1. Implementing comprehensive measures for drug prevention and control; combining with HIV/AIDS prevention and control and other social evils.

2. Strengthen propaganda and education on prevention and control of drugs; encourage organizations and individuals to participate in propaganda and education on prevention and control of drugs.

3. Prioritizing resources for drug prevention and control in areas inhabited by ethnic minorities and mountainous regions, remote and border areas, islands, and complex areas regarding drugs.

4. Officers and soldiers belonging to specialized agencies responsible for drug-related crimes, staff working in drug rehabilitation at public drug rehabilitation facilities shall enjoy preferential policies suitable to the nature of their tasks and operational areas as prescribed by the Government.

5. Protecting and supporting individuals, families, agencies, and organizations participating in drug prevention and control.

6. Strictly managing illegal drug users and drug addicts; encouraging voluntary drug rehabilitation and treatment of opiate addiction with substitute drugs; encouraging individuals, families, agencies, and organizations to participate and support drug rehabilitation activities and post-rehabilitation management.

7. Ensuring funding for compulsory drug rehabilitation; supporting funding for voluntary drug rehabilitation and post-rehabilitation management.

8. Domestic and foreign organizations and individuals investing in drug rehabilitation activities, supporting post-rehabilitation management, and preventing relapse shall be exempted or granted tax reductions on land lease fees and corporate income taxes according to the provisions of the law.

9. Encourage scientific research, technological development and application of high technology in prevention and control of drugs.

10. Reward individuals, organizations, agencies with achievements in prevention and control of drugs.

Article 4. Financial sources for drug prevention and control

1. State budget.

2. Donations, grants, investments, and gifts from domestic and foreign organizations and individuals.

3. Payments made by families and drug addicts.

4. Other lawful financial sources.

Article 5. Prohibited acts

1. Cultivating plants containing narcotic substances, guiding the cultivation of plants containing narcotic substances.

2. Research, appraisal, testing, inspection, production, storage, transportation, preservation, stockpiling, purchase, distribution, processing, exchange, export, import, temporary importation for re-exportation, temporary exportation for re-importation, transshipment of illicit drugs, precursors, addictive substances, psychotropic substances, precursor drugs, raw materials for drugs that are addictive substances, psychotropic substances, precursors used as drugs, veterinary drugs containing drugs, precursors.

3. Appropriating illicit drugs, precursors, addictive substances, psychotropic substances, precursor drugs, raw materials for drugs that are addictive substances, psychotropic substances, precursors used as drugs, veterinary drugs containing drugs, precursors.

4. Handing over, managing, supervising, storing, distributing, preserving illicit drugs, precursors in violation of the law; allowing drug users, addictive substance users, or psychotropic substance users beyond the provisions of the law.

5. Using, organizing the illegal use of narcotic substances; compelling, enticing others to use narcotic substances illegally; harboring, assisting in the illegal use of narcotic substances.

6. Producing, storing, transporting, buying, selling means, tools used for the production or illegal use of narcotic substances.

7. Resisting or obstructing drug testing in the body, determination of drug addiction status, management of illegal drug users, drug rehabilitation, post-rehabilitation management.

8. Retaliating against or obstructing persons performing duties to prevent and combat drugs, or persons participating in preventing and combating drugs.

9. Exploiting official positions, powers, or professions to violate laws on preventing and combating drugs.

10. Guiding the production and illegal use of drugs; advertising and marketing drugs.

11. Discriminating against illegal drug users, drug rehabilitants, and post-rehabilitation drug users.

12. Other prohibited acts defined by law related to drugs.

Chapter II

RESPONSIBILITIES FOR DRUG PREVENTION AND CONTROL

Article 6. Responsibilities of individuals and families

1. Propaganda and education for members of the family and relatives about the harms of drugs and compliance with laws on preventing and combating drugs; management and prevention of family members from violating laws on preventing and combating drugs.

2. Properly following the instructions of authorized persons regarding the use of addictive drugs, psychotropic substances, precursor chemicals, veterinary drugs containing drugs or precursors.

3. Cooperation with competent authorities in the struggle against drug-related crimes and social evils; participation in supporting voluntary drug rehabilitation activities at home and in the community, drug rehabilitation at drug rehabilitation facilities, and treatment of opium addiction with substitute drugs; monitoring and assisting former drug addicts to integrate into society; prevention and control of drug relapse.

4. Timely provision of information on drug-related crimes, social evils, and the cultivation of plants containing narcotic substances to the police or competent state agencies; participation in the eradication of plants containing narcotic substances organized by local authorities.

Article 7. Responsibilities of state agencies

1. Organization of drug prevention and control within agencies and units; prevention and control of violations of laws on preventing and combating drugs by cadres, civil servants, public officials, employees under their management, and people's armed forces personnel; propaganda and mobilization of the public to detect, report, and combat drug-related crimes and social evils.

2. Implementation of state policies and guidelines on planning and developing the economy and society to replace the cultivation of plants containing narcotic substances in areas where such plants have been eradicated.

Article 8. Responsibilities of educational institutions

1. Implementation of programs on drug prevention and control education; dissemination and education of laws on preventing and combating drugs to students, trainees, and learners; strict management and prevention of students, trainees, and learners from violating laws on preventing and combating drugs.

2. Coordinating with families, agencies, organizations, and local authorities to manage and educate students, trainees, and learners on preventing and combating drugs.

3. Coordinating with authorized agencies, organizations, and individuals to conduct drug testing in the body when necessary to detect students, trainees, and learners using drugs illegally.

Article 9. Responsibilities of news media

News agencies shall be responsible for coordinating with relevant agencies and organizations to disseminate policies, guidelines, and laws on preventing and combating drugs.

Article 10. Responsibilities of the Vietnam Fatherland Front, member organizations of the Vietnam Fatherland Front, and other organizations

1. Organization and coordination with competent authorities to disseminate knowledge and laws on preventing and combating drugs among the public; mobilization of the public to participate in preventing and combating drugs and implementing anti-drug campaigns.

2. Preventing and stopping members of their own organization and all citizens from violating laws on preventing and combating drugs.

3. Coordination with local authorities at all levels and competent authorities to mobilize drug addicts to implement drug rehabilitation measures, treatment of opium addiction with substitute drugs; participation in reforming, educating, teaching skills, finding jobs, and assisting former drug addicts to integrate into society; prevention and control of drug relapse.

Article 11. Specialized agencies for preventing and combating drug-related crimes

1. Specialized agencies for preventing and combating drug-related crimes include:

a) Specialized agencies for preventing and combating drug-related crimes under the People's Public Security;

b) Specialized agencies for preventing and combating drug-related crimes under the Border Guard, Vietnam Coast Guard, and Customs.

2. Specialized agencies for preventing and combating drug-related crimes under the People's Public Security, within their scope of duties and powers, shall take the lead and coordinate with related agencies and organizations to carry out preventive, blocking, and combating activities against drug-related crimes.

3. Specialized agencies for preventing and combating drug-related crimes under the Border Guard, Vietnam Coast Guard, and Customs, within their scope of duties and powers, shall take the lead and coordinate with public security agencies and other related agencies and organizations to carry out preventive, blocking, and combating activities against drug-related crimes in their managed or controlled areas.

4. When multiple agencies discover illegal acts related to their duties and powers on the same territory, the agency that discovers first shall be responsible for handling according to its authority prescribed by law; if the case does not fall within its jurisdiction, it shall transfer the file, persons, and evidence of illegal acts to the competent agency in charge of resolving the matter.

5. The Government shall stipulate the coordination of specialized agencies for preventing and combating drug-related crimes.

Chapter III

CONTROL OF LEGAL ACTIVITIES RELATED TO DRUGS

Article 12. Legal activities related to narcotics

1. Legal activities related to drugs are those permitted by competent state management agencies, including:

a) Research, appraisal, testing, inspection, production of narcotic substances (excluding cultivation of plants containing narcotic substances), precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors;

b) Transporting, storing, stockpiling, buying and selling, distributing, using, processing, exchanging narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors;

c) Importing, exporting, temporary importation, re-exportation, temporary exportation, re-importation, transiting narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used to make drugs, and veterinary drugs containing narcotic substances, precursors.

2. Legal activities related to drugs as stipulated in Clause 1 of this Article shall be strictly controlled according to the provisions of this Law and other relevant laws.

Article 13. Control of research, appraisal, and production of narcotic substances and precursors

1. Research, appraisal, and production of narcotic substances (excluding cultivation of plants containing narcotic substances) and precursors must be monitored, inspected, and supervised by competent state agencies.

2. The Government shall stipulate the competent authority to grant permission, procedures, and formalities for granting permission, monitoring, inspecting, and supervising the provisions set forth in Clause 1 of this Article.

Article 14. Control of transportation of narcotic substances and precursors

1. Organizations and individuals who have been granted permission by the competent state authority may transport narcotic substances and precursors; when carrying out transportation, they must package and seal according to the regulations of the competent authority; they are responsible for quantity and quality, take measures to ensure safety, prevent loss during transportation, and be subject to monitoring, inspection, and supervision by the competent state authority.

2. The Government shall provide detailed regulations for this Article.

Article 15. Control of activities related to addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, and precursors used to make drugs

The control of activities related to addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, and precursors used to make drugs shall be carried out in accordance with the laws on pharmaceuticals, except for the activities specified in point b, Clause 1 and Clause 2 of Article 17 of this Law.

Article 16. Control of activities related to veterinary drugs containing narcotic substances and precursors

The control of activities related to veterinary drugs containing narcotic substances and precursors shall be carried out in accordance with the regulations of the Government.

Article 17. Control of activities related to importing, exporting, temporarily importing, re-exporting, temporarily exporting, re-importing, and transiting narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, and precursors used to make drugs

1. The following activities must be permitted by the competent authority:

a) Import, export, temporary import, re-export, temporary export, re-import of narcotic substances, precursors;

b) Temporary importation, re-exportation, temporary exportation, re-importation of addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, and precursors used to make drugs.

2. Activities involving the transit of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, and precursors used to make drugs through the territory of Vietnam must strictly follow the route recorded in the transit permit. Organizations and entities implementing the transit must complete the necessary procedures and be subject to the control of the Customs Authority and the competent authority of Vietnam.

3. The Government shall provide detailed regulations on this Article.

Article 18. Establishing files for lawful activities related to narcotics

Organizations and individuals conducting activities as prescribed in Clause 1 of Article 12 of this Law shall be responsible for establishing files and reporting in accordance with the regulations of the Government.

Article 19. Controlling lawful activities related to narcotics for national defense and security purposes

Research, appraisal, production, transportation, storage, preservation, use, import, export, temporary importation for re-exportation, temporary exportation for re-importation, transshipment of narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used for drugs, veterinary drugs containing narcotic substances, precursors for national defense and security purposes shall be carried out in accordance with the regulations of the Government.

Article 20. Controlling addictive drugs, psychotropic drugs, drug precursors for emergency and rescue purposes during travel, international tourism, and treatment for individuals entering, exiting, or transiting Vietnam

1. Carrying addictive drugs, psychotropic drugs, drug precursors for emergency and rescue purposes on ships, aircraft, trains, automobiles, or other means of transport during travel or international tourism shall not be considered as carrying goods for export, import, or transshipment through the territory of Vietnam. The person in charge or the operator of the means of transport shall be responsible for declaring to the Vietnamese Customs authority, explaining the quantity of drugs used, applying appropriate safety measures to prevent improper use or illegal transportation of such drugs, and being subject to supervision by competent authorities of Vietnam.

2. Carrying addictive drugs, psychotropic drugs, drug precursors for personal treatment upon entry, exit, or transit through Vietnam shall be conducted in accordance with the regulations of the Government and be subject to supervision by competent authorities of Vietnam.

Article 21. Handling narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used for drugs, veterinary drugs containing narcotic substances, precursors seized in violation cases

Narcotic substances, precursors, addictive drugs, psychotropic drugs, drug precursors, raw materials for drugs that are addictive substances, psychotropic substances, precursors used for drugs, veterinary drugs containing narcotic substances, precursors seized in criminal cases and administrative violations shall be handled in accordance with the provisions of the Criminal Procedure Law and the Law on Administrative Sanctions.

Chapter IV

MANAGEMENT OF ILLEGAL DRUG USERS

Article 22. Testing for narcotics in the body

1. Drug testing in the body shall be conducted on persons in the following situations:

a) Persons discovered using drugs illegally;

b) Persons whom authorities or those with authority have grounds to believe have engaged in illegal drug use;

c) A person who illegally uses narcotics within the period of management;

d) A person who is undergoing administrative sanction education at commune, ward, town level due to illegal use of narcotics; undergoing voluntary detoxification from narcotics; undergoing substitution therapy for opiate addiction; within the period of post-detoxification management from narcotics.

2. The head of the detoxification facility, the substitution therapy facility; the authority having the power to impose administrative sanctions for illegal use of narcotics shall conduct testing for narcotics within their authority or request relevant agencies or persons with expertise to test for narcotics in the body for the cases specified in Clause 1 of this Article. In case of a positive test result, the result shall be immediately sent to the Chairman of the People's Committee of the commune where the person with a positive test result resides, except in cases where the person is undergoing compulsory detoxification.

3. The State shall ensure funding for drug testing in the body for the cases specified in Clause 1 of this Article.

Article 23. Management of Persons Illegally Using Narcotics

1. The management of persons illegally using narcotics is a preventive measure aimed at helping such persons cease illegal use of narcotics and preventing their violation of laws. The management of persons illegally using narcotics is not an administrative handling measure.

2. The term of managing persons illegally using narcotics is one year from the date the Chairman of the People's Committee of the commune issues the management decision.

3. Contents of the management of persons illegally using narcotics include:

a) Counseling, encouraging, educating, and assisting persons illegally using narcotics to prevent them from continuing to use narcotics illegally;

b) Testing for narcotics in the body;

c) Preventing persons illegally using narcotics from engaging in acts that disrupt public order and social safety.

4. Within three working days from the date of receiving positive test results of residents in the locality, the Chairman of the People's Committee of the commune shall be responsible for issuing a decision and organizing the management of persons illegally using narcotics residing in the locality.

5. During the management period, the Chairman of the People's Committee of the commune shall issue a decision to terminate the management of persons illegally using narcotics in the following cases:

a) Illegal drug users are determined to be drug addicts;

b) The person illegally using narcotics is subject to administrative handling measures of education at the commune, ward, town level due to illegal use of narcotics;

c) The person illegally using narcotics is subject to administrative handling measures of compulsory educational institution placement or juvenile training school placement;

d) The person illegally using narcotics must serve a prison sentence;

đ) The person illegally using narcotics listed in the management dies or is declared missing by the Court.

6. The Government shall provide detailed regulations for this Article.

Article 24. Responsibilities of Persons Illegally Using Narcotics

1. Providing full and accurate information about their illegal use of narcotics to the police station of the commune where they reside.

2. Complying with the management of the People's Committee of the commune.

Article 25. Responsibilities of Family, Organizations, and Community in Managing Persons Illegally Using Narcotics

1. The family of persons using narcotics illegally shall have the following responsibilities:

a) Manage and educate persons using narcotics illegally; prevent acts of illegal use of narcotics;

b) Providing information about the illegal use of narcotics by persons illegally using narcotics to the police station of the commune where they reside;

c) Preventing persons illegally using narcotics from engaging in acts that disrupt public order and social safety;

d) Cooperate with competent authorities to take persons using narcotics illegally for drug testing.

2. Organizations and communities where persons illegally using narcotics work and live have the following responsibilities:

a) Encouraging, assisting, and educating persons illegally using narcotics; preventing acts of illegal use of narcotics;

b) Cooperating with families and competent authorities to take persons illegally using narcotics for testing for narcotics in the body.

Article 26. Listing of Persons Illegally Using Narcotics

3. The commune police assist the same-level People's Committee in removing persons illegally using narcotics from the list in the following cases:

a) The person illegally using narcotics does not engage in illegal use of narcotics during the management period as stipulated in Clause 2 of Article 23 of this Law;

b) The person illegally using narcotics falls under the termination of management cases as stipulated in Clause 5 of Article 23 of this Law;

c) Persons using narcotics illegally move to reside in another locality.

Chapter V

DRUG DEPENDENCY REHABILITATION

Article 27. Determining Drug Addiction Status

1. The determination of methamphetamine addiction status shall be carried out for persons in the following cases:

a) A person who illegally uses drugs during the management period and is discovered using drugs illegally;

b) A person who illegally uses drugs without a stable place of residence;

c) A person who is within the period of administrative handling measures for education at commune, ward, town due to illegal drug use, or within one year from the completion date of such administrative handling measures for education at commune, ward, town due to illegal drug use, and is discovered using drugs illegally;

d) A person under post-drug rehabilitation management who is discovered using drugs illegally;

e) A person voluntarily determining their drug addiction status.

2. The police station where the person falling under points a, b, c, and d of Clause 1 of this Article is found shall compile a dossier to request a medical facility with authority to determine the drug addiction status.

3. In cases where the district police, provincial police directly discover or during the investigation and handling of law violation cases, discover persons falling under points a, b, c, and d of Clause 1 of this Article, the investigating police agency shall establish a dossier to request a medical facility with authority to determine the drug addiction status.

4. Upon receiving the results of the determination of drug addiction status, the medical facility shall immediately send the results to the requesting agency and the person determined to be addicted to drugs.

5. The person requested to determine the methamphetamine addiction status has the rights and responsibilities as follows:

a) Ensuring dignity and reputation; receiving support for travel, accommodation, withdrawal syndrome treatment, and accompanying diseases during the determination of addiction status;

b) Comply with the internal regulations of the drug addiction status determination facility; truthfully report to healthcare staff about the history of drug use and manifestations of drug use;

c) A person aged 18 years or older, or the parent, guardian, or legal representative of a person aged 12 to under 18 years old, upon receiving the result of being determined to be addicted to drugs, must register for voluntary drug rehabilitation according to Article 28 of this Law or register for methadone maintenance treatment in cases of opioid addiction with the People's Committee of the locality of residence.

6. The Government shall stipulate the medical facilities meeting the conditions to determine drug addiction status; the dossier, procedures, and formalities for determining drug addiction status.

7. The Minister of Health shall stipulate diagnostic criteria and professional procedures to determine drug addiction status.

8. The State shall ensure funding for determining drug addiction status for persons falling under points a, b, c, and e of Clause 1 of this Article.

Article 28. Measures for Drug Rehabilitation

1. Drug rehabilitation measures include:

a) Voluntary drug rehabilitation;

b) Compulsory drug rehabilitation.

2. Voluntary drug rehabilitation measures are implemented at home, in the community, or at a drug rehabilitation facility; compulsory drug rehabilitation measures are carried out at public drug rehabilitation facilities.

Article 29. Drug Rehabilitation Process

1. The drug rehabilitation process includes the following stages:

a) Reception and classification;

b) Detoxification, treatment of mental disorders, and treatment of other diseases;

c) Education, counseling, behavioral and personality recovery;

d) Therapeutic labor, vocational training;

đ) Preparation for reintegration into society.

2. Compulsory drug rehabilitation must ensure all stages specified in Clause 1 of this Article; voluntary drug rehabilitation must ensure completion of the three stages specified in points a, b, and c of Clause 1 of this Article.

3. The Government shall provide detailed regulations on this Article.

Article 30. Voluntary Drug Rehabilitation at Home and in the Community

1. Voluntary drug rehabilitation at home and in the community means that a drug addict voluntarily undergoes rehabilitation at home and in the community with the professional support of organizations and individuals providing drug rehabilitation services, the cooperation and assistance of family and community, and under the management of the People's Committee of the commune.

2. The duration of voluntary drug rehabilitation at home and in the community is from six to twelve months.

3. A person undergoing voluntary drug rehabilitation at home and in the community who completes at least three stages specified in points a, b, and c of Clause 1, Article 29 of this Law shall be supported financially.

4. A person undergoing voluntary drug rehabilitation at home and in the community has the following responsibilities:

a) To comply fully with regulations on voluntary drug rehabilitation and follow the guidance of specialized agencies;

b) To pay costs related to drug rehabilitation as prescribed.

5. The Chairman of the People's Committee of the commune has the following responsibilities:

a) To accept registration for voluntary drug rehabilitation at home and in the community;

b) To guide and manage persons undergoing voluntary drug rehabilitation at home and in the community;

c) To issue a certificate confirming completion of voluntary drug rehabilitation at home and in the community.

6. The Chairman of the People's Committee of the district has the following responsibilities:

a) To assign tasks to public service units under his/her jurisdiction to provide voluntary drug rehabilitation services at home and in the community;

b) To receive registrations and publish lists of organizations and individuals meeting the conditions to provide voluntary drug rehabilitation services at home and in the community;

c) To notify the People's Committee of the commune of the list of organizations and individuals providing voluntary drug rehabilitation services at home and in the community;

d) To allocate funds to support voluntary drug rehabilitation activities at home and in the community;

đ) To direct, guide, and inspect voluntary drug rehabilitation activities at home and in the community.

7. Drug rehabilitation facilities, organizations, and individuals meeting the conditions to provide one or more activities according to the drug rehabilitation process stipulated in Clause 1, Article 29 of this Law may provide voluntary drug rehabilitation services at home and in the community and have the following responsibilities:

a) To receive and organize the provision of voluntary drug rehabilitation services at home and in the community;

b) To comply with the professional procedures as prescribed by competent authorities;

c) Within five working days from the date the drug addict uses the service or terminates the use of the service voluntarily or completes the service, they must report to the People's Committee of the commune where the drug addict registered for voluntary drug rehabilitation at home and in the community.

8. Organizations and individuals meeting the conditions may register to provide voluntary drug rehabilitation services at home and in the community with the Chairman of the People's Committee of the district.

9. The Government shall provide detailed regulations on this matter.

Article 31. Voluntary Drug Rehabilitation at a Drug Rehabilitation Facility

1. The duration of voluntary drug rehabilitation at a drug rehabilitation facility is from six to twelve months.

2. A person undergoing voluntary drug rehabilitation at a drug rehabilitation facility who completes at least three stages specified in points a, b, and c of Clause 1, Article 29 of this Law shall be supported financially.

3. A person undergoing voluntary drug rehabilitation at a drug rehabilitation facility has the following responsibilities:

a) To comply fully with regulations on voluntary drug rehabilitation and follow the guidance of specialized agencies;

b) To pay costs related to drug rehabilitation as prescribed. In cases where a person undergoing voluntary drug rehabilitation at a public drug rehabilitation facility has difficult circumstances, they may be considered for reduction or exemption of payment costs.

4. A drug rehabilitation facility has the responsibility to issue a certificate confirming completion of voluntary drug rehabilitation to the drug addict.

5. The Government shall provide detailed regulations on this matter.

Article 32. Persons Subject to Administrative Sanction of Compulsory Drug Rehabilitation

A person addicted to drugs who is at least 18 years old shall be subject to the administrative sanction of compulsory drug rehabilitation under the Law on Handling Administrative Violations when they fall into one of the following cases:

1. Not registering, not implementing, or voluntarily terminating voluntary drug rehabilitation;

2. During the period of voluntary drug rehabilitation, being discovered using drugs illegally;

3. A person addicted to opium-type substances who does not register, does not implement, or voluntarily terminates treatment for addiction to opium-type substances with substitute drugs, or whose treatment for addiction to opium-type substances with substitute drugs is terminated due to violation of regulations on treatment;

4. Re-addiction during the post-rehabilitation management period.

Article 33. Compulsory Drug Rehabilitation for Persons from 12 to Under 18 Years Old

1. A person addicted to drugs who is from 12 to under 18 years old shall be admitted to a compulsory drug rehabilitation facility when they fall into one of the following cases:

a) Not registering, not implementing, or voluntarily terminating voluntary drug rehabilitation;

b) Using illegal drugs during the voluntary drug rehabilitation period;

c) A person addicted to opium-type substances who does not register, does not implement, or voluntarily terminates treatment for addiction to opium-type substances with substitute drugs, or whose treatment for addiction to opium-type substances with substitute drugs is terminated due to violation of regulations on treatment;

2. A person addicted to drugs who is from 12 to under 18 years old admitted to a compulsory drug rehabilitation facility shall have the following responsibilities:

a) Adhering to regulations on compulsory drug rehabilitation, internal rules, and regulations, and being subject to management, education, and treatment by the compulsory drug rehabilitation facility;

b) Participating in activities related to treatment, medical care, education, counseling, cultural studies, vocational training, therapeutic labor, and behavior and personality recovery activities.

3. The duration of compulsory drug rehabilitation for persons addicted to drugs who are from 12 to under 18 years old is from six months to one year.

5. The Standing Committee of the National Assembly shall stipulate the procedures and formalities for the People's Court to consider and decide on admitting persons addicted to drugs who are from 12 to under 18 years old to a compulsory drug rehabilitation facility.

Article 34. Preparation of Proposal for Admission to Compulsory Drug Rehabilitation Facility for Persons Addicted to Drugs Who Are from 12 to Under 18 Years Old

1. The preparation of a proposal for admission to a compulsory drug rehabilitation facility for persons addicted to drugs who are from 12 to under 18 years old shall be carried out as follows:

a) The Chairman of the People's Committee of the commune where the person resides or, if their place of residence cannot be determined, the Chairman of the People's Committee of the commune where the violation occurred prepares the proposal for admission to a compulsory drug rehabilitation facility;

b) In cases where a person addicted to drugs is discovered by the police at district or provincial level or during the investigation and handling of violations involving a person from 12 to under 18 years old who should be admitted to a compulsory drug rehabilitation facility, the investigating police agency shall verify, collect evidence, and prepare the proposal for admission to a compulsory drug rehabilitation facility for that person;

c) The proposal includes a record of violation, a summary of the individual's history, evidence proving their current state of drug addiction, a statement from the person addicted to drugs or their legal representative, and opinions from parents, guardians, or legal representatives;

d) The police station has the responsibility to assist the Chairman of the People's Committee at the same level in collecting evidence and preparing the proposal as specified in point a of Clause 1 of this Article.

2. The agencies or individuals responsible for preparing the proposal as stipulated in Clause 1 of this Article shall bear responsibility for the legality of the proposal. After completing the preparation of the proposal, the agency or individual preparing the proposal must notify in writing the person proposed to be subjected to the measure of admission to a compulsory drug rehabilitation facility, their parents, guardians, or legal representatives about the preparation of the proposal. These individuals have the right to read the proposal and provide comments within three working days from the date of receipt of the notification.

a) The proposal for admission to a compulsory drug rehabilitation facility as specified in point c of Clause 1 of this Article;

b) A document from the Director of the Department of Labor, Invalids, and Social Affairs of the district regarding the request for consideration of admission to a compulsory drug rehabilitation facility. The content of the document from the Director of the Department of Labor, Invalids, and Social Affairs must include opinions on protecting children's rights.

5. Proposals for admission to a compulsory drug rehabilitation facility for persons addicted to drugs who are from 12 to under 18 years old must be indexed and stored according to the provisions of the law on archiving.

6. The Government shall specify detailed regulations on the preparation of proposals for admission of persons addicted to drugs who are from 12 to under 18 years old to a compulsory drug rehabilitation facility; and the drug rehabilitation regime applicable to persons from 12 to under 18 years old.

Article 35. State Drug Rehabilitation Centers

1. State Drug Rehabilitation Centers shall be established by the Chairman of the People's Committee at the provincial level.

2. State Drug Rehabilitation Centers must arrange the following areas:

a) Temporary accommodation area for persons proposed to determine drug addiction status and those during the period of preparing administrative handling measures to be admitted to compulsory rehabilitation centers;

b) Compulsory drug rehabilitation area;

c) Voluntary drug rehabilitation area;

d) Drug rehabilitation area for persons aged from twelve to under eighteen years old;

đ) Drug rehabilitation area for persons suffering from infectious diseases group A and group B as prescribed by the Law on Prevention and Control of Infectious Diseases;

e) Drug rehabilitation area for persons who have disrupted public order or violated internal regulations and rules of the drug rehabilitation center.

3. In the areas specified in Clause 2 of this Article, separate areas must be arranged for male and female individuals. Individuals with discrepancies between their physical entity and gender recorded in their files shall be managed in private rooms within the area corresponding to their exhibited gender.

4. The activities of State Drug Rehabilitation Centers include:

a) Receiving and organizing drug rehabilitation for drug addicts who are required to enter compulsory rehabilitation centers and voluntary drug addicts;

b) Conducting drug addiction status determination;

c) Receiving, managing, educating, counseling, detoxification treatment, mental disorder treatment, and other illnesses for persons during the period of preparing administrative handling measures to be admitted to compulsory rehabilitation centers.

5. State Drug Rehabilitation Centers have the following rights:

a) To receive voluntary drug addicts for rehabilitation in accordance with the capacity of the rehabilitation center;

b) The head of the State Drug Rehabilitation Center has the right to decide on appropriate measures to manage, educate, and treat drug addicts.

6. State Drug Rehabilitation Centers have the following responsibilities:

a) To comply with regulations on determining drug addiction status, drug rehabilitation procedures, and managing persons during the period of preparing administrative handling measures to be admitted to compulsory rehabilitation centers;

b) To respect the lives, health, dignity, personality, and property of drug addicts, persons proposed to determine drug addiction status, and persons during the period of preparing administrative handling measures to be admitted to compulsory rehabilitation centers;

c) To ensure the rights of drug addicts during the rehabilitation period and issue certificates confirming completion of compulsory drug rehabilitation for persons aged from twelve to under eighteen years old;

d) The head of the State Drug Rehabilitation Center is responsible for ensuring the operational conditions of the drug rehabilitation center; publicly posting drug rehabilitation costs at the center in accordance with the law;

đ) To prevent the smuggling of drugs into the center;

e) Within five working days from the date of receiving voluntary drug addicts or when they voluntarily terminate the service or complete the drug rehabilitation process, to notify the People's Committee of the commune where the voluntary drug addict is registered.

7. The Government shall stipulate the conditions regarding infrastructure, equipment, personnel of State Drug Rehabilitation Centers, and management systems at State Drug Rehabilitation Centers.

Article 36. Voluntary Drug Rehabilitation Facilities

1. Voluntary drug rehabilitation facilities are established by individuals or organizations providing drug rehabilitation services. The Government shall stipulate the conditions and authority, procedures, and formalities for issuing and revoking the operating license of voluntary drug rehabilitation facilities.

2. Voluntary drug rehabilitation facilities have the following rights:

a) To receive voluntary drug addicts for rehabilitation in accordance with the capacity of the rehabilitation center;

b) To collect fees related to drug rehabilitation;

c) To enjoy preferential treatment as prescribed by law.

3. Voluntary drug rehabilitation facilities have the following responsibilities:

a) To comply with the drug rehabilitation process;

b) To respect the lives, health, dignity, personality, and property of drug rehabilitation participants;

c) To ensure the rights of drug users aged from twelve to under eighteen years old during the drug rehabilitation period;

d) The head of the drug rehabilitation facility is responsible for ensuring the operational conditions of the facility; publicly posting drug rehabilitation-related costs at the facility in accordance with the law;

đ) To prevent the smuggling of drugs into the center;

e) To arrange separate areas or rooms when receiving individuals aged from twelve to under eighteen years old, those with infectious diseases classified as Group A or Group B according to the Law on Prevention and Control of Infectious Diseases, females, and those whose physical appearance differs from their gender identity recorded in their files, who must be managed in separate rooms within the area corresponding to their gender identity;

g) Within five working days from the date the drug rehabilitation participant is received or voluntarily terminates the service or completes the drug rehabilitation process, the facility must notify the People's Committee of the commune where the individual has registered for voluntary drug rehabilitation.

Article 37. Application of Drug Rehabilitation Measures for Vietnamese Nationals Expelled from Abroad Due to Illicit Drug Use or Addiction; Foreign Nationals Addicted to Drugs Living in Vietnam

1. Vietnamese nationals expelled back to Vietnam due to illicit drug use or addiction must undergo a determination of their drug addiction status. If determined to be addicted to drugs, they must implement drug rehabilitation measures as prescribed by this Law.

2. Foreign nationals addicted to drugs living in Vietnam are required to register for voluntary drug rehabilitation at a drug rehabilitation facility as prescribed by this Law and must pay all costs related to drug rehabilitation. Failure to undertake voluntary drug rehabilitation will result in legal consequences.

Article 38. Drug Rehabilitation for Individuals Under Temporary Detention, Prisoners, Educational Institution Detainees, and Students at Disciplinary Schools

1. The State shall apply appropriate drug rehabilitation measures for drug-addicted individuals under temporary detention, prisoners, educational institution detainees, and students at disciplinary schools.

2. The warden of the prison, the warden of the temporary detention center, the director of the holding facility, the director of the compulsory educational institution, and the principal of the disciplinary school shall closely cooperate with local healthcare facilities to implement the provisions of Clause 1 of this Article.

Article 39. Exemption from Remaining Time in Compulsory Drug Rehabilitation Facility Decisions for Individuals Aged from Fourteen to Under Eighteen Years Old

Individuals aged from fourteen to under eighteen years old undergoing compulsory drug rehabilitation who are found to have committed a crime before or during the execution of the compulsory drug rehabilitation decision and are sentenced to imprisonment without probation shall be exempted from serving the remaining time in the compulsory drug rehabilitation facility decision.

Article 40. Post-drug rehabilitation management at place of residence

1. Persons who have voluntarily completed drug rehabilitation, persons who have completed treatment for opiate addiction using substitute drugs, and persons aged from twelve to under eighteen years old who have completed the decision on compulsory drug rehabilitation shall be subject to post-drug rehabilitation management for a period of one year from the date of completion of rehabilitation or completion of the decision.

2. Persons who have completed the decision on administrative handling measures for compulsory drug rehabilitation shall be subject to post-drug rehabilitation management for a period of two years from the date of completion of the decision.

3. The contents of post-drug rehabilitation management include:

a) Establishing a list of persons subject to post-drug rehabilitation management;

b) Counseling, assistance, prevention, and combating drug relapse;

c) Monitoring, detecting, and preventing the illegal use of drugs.

4. Social support during the period of post-drug rehabilitation management includes:

a) Cultural education support for persons aged 12 to under 18 years old;

b) Vocational training support, loan provision, job search, and participation in social activities to integrate into the community.

5. The Chairman of the People's Committee at the commune level shall issue decisions and organize post-drug rehabilitation management and social support.

6. The Government shall stipulate the files, procedures, processes, management systems, and support policies for persons subject to post-drug rehabilitation management.

Article 41. Harm reduction interventions for persons using drugs illegally and drug addicts

1. Harm reduction interventions for persons using drugs illegally and drug addicts are measures aimed at reducing harm related to the illegal use of drugs to the individual, family, and community.

2. Harm reduction interventions for illicit drug users and drug addicts include:

a) Treatment for opiate addiction using substitute drugs;

b) Other measures as prescribed by the Government.

Article 42. Responsibilities of the families of drug addicts and the community

1. The family of drug addicts shall have the following responsibilities:

a) Supporting the drug addict during the detoxification process, post-detoxification, and integration into the community;

b) Cooperating with agencies and authorities in establishing files for the application of compulsory drug rehabilitation measures; cooperating with relevant agencies, organizations, and units to support drug addicts during the drug rehabilitation process, post-drug rehabilitation management, and reintegration into the community.

2. The community where the drug addict resides shall have the following responsibilities:

a) Encouraging and assisting the drug addict;

b) Cooperating with relevant agencies, organizations, and units to support the drug addict during the detoxification process, post-detoxification management, and integration into the community.

Article 43. Establishment of lists of drug addicts and persons subject to post-drug rehabilitation management

3. The police at the commune level assist the same-level People's Committee in removing from the list of drug addicts and persons subject to post-drug rehabilitation management in the following cases:

a) During the post-drug rehabilitation management period specified in Clause 1 and Clause 2 of Article 40 of this Law, if such person does not engage in illegal drug use;

b) Drug addicts and persons subject to post-drug rehabilitation management must serve a prison sentence;

c) Drug addicts and persons subject to post-drug rehabilitation management move to reside in another locality;

d) Drug addicts and persons subject to post-drug rehabilitation management die or are declared missing by the Court.

Chapter VI

NATIONAL ADMINISTRATION ON PREVENTION AND CONTROL OF DRUGS

Article 44. Contents of state management in drug prevention and control

1. Developing and implementing strategies, policies, plans, and guidelines for drug prevention and control.

2. Issuing and implementing legal documents on drug prevention and control.

3. Organizing staff, training, and enhancing skills for those working in drug prevention and control.

4. Supervising lawful activities related to drugs.

5. Implementing drug rehabilitation and post-drug rehabilitation management.

6. Organizing efforts to prevent and combat drugs.

7. Conducting national statistics on drug prevention and control.

8. Organizing research and applying scientific and technological advancements in drug prevention and control.

9. Organizing propaganda and education on drug prevention and control.

10. International cooperation on prevention and control of narcotics.

11. Awarding commendations, inspecting, auditing, addressing complaints and accusations, and handling violations of laws on drug prevention and control.

Article 45. State Management Responsibilities for Preventing and Combating Drug Abuse

3. Ministries, ministerial-level agencies, and government agencies within their respective duties and authorities shall be responsible for implementing and coordinating with relevant agencies and organizations in preventing and combating drug abuse.

4. People's Committees at all levels, within their respective duties and authorities, shall manage state affairs related to preventing and combating drug abuse at the local level.

Article 46. Responsibilities of the Ministry of Public Security

1. Issue or submit to competent state agencies for issuance normative legal documents on preventing and combating drug abuse within their authority.

2. Take the lead and coordinate with relevant agencies and organizations in preventing and combating drug abuse; organize the reception and processing of information on drug-related crimes; control lawful activities related to drugs within their authority.

3. Organize forensic work on drugs and precursor substances.

4. Train and enhance the skills of those involved in investigating and combating drug-related crimes.

5. Guide the establishment of lists of individuals using drugs illegally, drug addicts, and individuals under post-rehabilitation management.

6. Lead the implementation of national statistics on preventing and combating drug abuse; manage information on drug-related crimes, individuals using drugs illegally, drug addicts, individuals under post-rehabilitation management, and the results of controlling lawful activities related to drugs.

7. Implement international cooperation in preventing and combating drug abuse.

Article 47. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Issue or submit to competent state agencies for issuance normative legal documents on preventing and combating drug abuse within their authority.

2. Take the lead and coordinate with relevant agencies and organizations, and local authorities to guide the organization of voluntary drug rehabilitation at home and in the community, drug rehabilitation at drug rehabilitation centers, and post-rehabilitation management.

3. Guide the establishment, dissolution, and operation of public drug rehabilitation centers.

4. Train and enhance the skills of those involved in drug rehabilitation and post-rehabilitation management.

5. Guide and direct the implementation of propaganda and education on preventing and combating drug abuse in vocational education institutions.

6. Implement international cooperation in drug rehabilitation.

7. Statistic drug addicts undergoing voluntary drug rehabilitation at home and in the community, and drug rehabilitation at drug rehabilitation centers.

Article 48. Responsibilities of the Ministry of National Defense

1. Issue or submit to competent state agencies for issuance normative legal documents on preventing and combating drug abuse within their authority.

2. Implement plans for preventing and combating drug abuse in border areas on land, at sea, in contiguous zones, exclusive economic zones, and continental shelves.

3. Direct Border Guard forces and Vietnam Coast Guard to take the lead and coordinate with relevant agencies and organizations, and functional forces to receive and process information on drug-related crimes, detect, prevent, and combat violations of laws on drugs, and control lawful activities related to drugs in the areas and territories specified in Clause 2 of this Article according to this Law and other relevant laws.

4. Train and enhance the skills of those involved in specialized work on preventing and combating drug-related crimes of Border Guard and Vietnam Coast Guard.

5. Statistic drug addicts in detention facilities managed by the Ministry of National Defense.

Article 49. Responsibilities of the Ministry of Health

1. Issue or submit to competent state agencies for issuance normative legal documents on preventing and combating drug abuse within their authority.

2. Carry out research on drugs and methods for drug rehabilitation; issue and revoke permits for the circulation of drugs and methods for drug rehabilitation; provide support in terms of personnel and medical technical expertise for drug rehabilitation.

3. Statistic individuals currently participating in methadone maintenance treatment for opioid addiction.

Article 50. Responsibilities of the Ministry of Finance

Direct customs authorities to implement activities to prevent and combat drug offenses in accordance with this Law and other relevant laws.

Chapter VII

The Socialist Republic of Vietnam implements a policy of multilateral and bilateral international cooperation in the field of preventing and combating drugs based on the principles of respecting national independence and sovereignty with countries in Southeast Asia

Article 51. Principles for International Cooperation in Preventing and Combating Drug Offenses

1. The Socialist Republic of Vietnam shall implement international treaties on preventing and combating drug offenses and other related international treaties that the Socialist Republic of Vietnam is a member of, based on the principles of respecting independence, sovereignty, territorial integrity, and mutual benefits; cooperate with foreign countries, international organizations, organizations, and individuals in activities to prevent and combat drug offenses.

2. Based on international treaties that the Socialist Republic of Vietnam is a member of, provisions of this Law, and other relevant laws, and international agreements signed, competent authorities of Vietnam shall implement cooperation programs in preventing and combating drug offenses with relevant agencies of foreign countries, international organizations, organizations, and individuals.

Article 52. Policy for International Cooperation in Preventing and Combating Drug Offenses

The Socialist Republic of Vietnam implements a policy of multilateral and bilateral international cooperation in the field of preventing and combating drug offenses based on the principle of respecting national independence and sovereignty; encourages international organizations, organizations, and individuals from abroad to cooperate with Vietnamese agencies and organizations to support each other in material resources, enhance legal capacity, information, technology, training, and healthcare for activities to prevent and combat drug offenses.

Article 53. Transfer of Controlled Goods

The Socialist Republic of Vietnam implements the requirement of transferring controlled goods based on international treaties that the Socialist Republic of Vietnam is a member of to detect and pursue criminal responsibility for drug offenders. The decision to apply and implement such measures shall be carried out according to agreements between competent authorities of Vietnam and the relevant country.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 54. Effective Date

Article 53. Effective Date of This Law

1. This Law takes effect from January 1, 2022.

Article 55. Transitional Provisions

2. The Anti-Drug Law No. 23/2000/QH10, which has been amended and supplemented by Law No. 16/2008/QH12, ceases to be effective from the date this Law takes effect.

1. From the date this Law takes effect:

a) Persons currently undergoing voluntary drug rehabilitation at home, in the community, or at a rehabilitation facility shall continue their voluntary drug rehabilitation until the end of the registered period under the Anti-Drug Law No. 23/2000/QH10, as amended and supplemented by Law No. 16/2008/QH12, and shall be subject to post-rehabilitation management under this Law;

b) Persons currently under post-rehabilitation management shall continue to comply with the post-rehabilitation management decision until the end of the post-rehabilitation management period under the Anti-Drug Law No. 23/2000/QH10, as amended and supplemented by Law No. 16/2008/QH12. In cases where persons in the post-rehabilitation management period reach 18 years old from the date this Law takes effect and relapse, administrative measures shall be applied to compel them to enter a compulsory rehabilitation facility;

c) Persons currently complying with a compulsory community-based drug rehabilitation decision under the Anti-Drug Law No. 23/2000/QH10, as amended and supplemented by Law No. 16/2008/QH12, may register for voluntary drug rehabilitation under this Law. The time already served under the compulsory community-based drug rehabilitation decision shall be counted towards the voluntary drug rehabilitation period;

d) Persons who must be admitted to a compulsory rehabilitation facility under the Anti-Drug Law No. 23/2000/QH10, as amended and supplemented by Law No. 16/2008/QH12, and are in the process of preparing the admission documents shall undergo drug rehabilitation in accordance with this Law;

đ) Licenses related to lawful activities involving drugs that have been issued shall continue to be valid until their expiration date.

Within two years from the date this Law takes effect, compulsory drug rehabilitation facilities established under the Anti-Drug Law No. 23/2000/QH10, as amended and supplemented by Law No. 16/2008/QH12, must meet the conditions of public compulsory drug rehabilitation facilities as stipulated in this Law.

Other drug rehabilitation facilities established under the Anti-Drug Law No. 23/2000/QH10, as amended and supplemented by Law No. 16/2008/QH12, and licensed to operate before the date this Law takes effect shall continue to operate until the expiration of their licenses.