Decree No. 80/2001/ND-CP guides the control of lawful activities related to narcotics within the country.

DECREE OF THE GOVERNMENT

Guidelines for controlling lawful activities related to narcotics within the country

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000;

At the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree provides detailed regulations and guidelines for controlling lawful activities related to narcotics within the country, including allowing monitoring, inspection, supervision of research, appraisal, production, storage, possession, transportation, purchase, sale, distribution, use, disposal, exchange of narcotic drugs, addictive substances, psychotropic substances, precursors in the fields of healthcare, industry, analysis, testing, scientific research, vocational training, criminal investigation on narcotics and prevention, blocking the misuse of such activities for other purposes.

The control of lawful activities related to narcotics for national defense and security purposes does not fall within the scope of this Decree.

Article 2.

1. Strictly prohibit the use in the healthcare sector of raw materials, finished products, and semi-finished products containing substances listed in Category I issued together with Decree No. 67/2001/NĐ-CP dated October 1, 2001 of the Government on lists of narcotic drugs and precursors. In cases where these substances are used for analysis, testing, scientific research, criminal investigation on narcotics, permission from the Minister of Health or the Minister of Public Security must be obtained.

2. Research, appraisal, production, transportation, storage, possession, purchase, sale, distribution, use, disposal, exchange of narcotic drugs and precursors listed in Categories II, III, IV (issued together with Decree No. 67/2001/NĐ-CP dated October 1, 2001 of the Government) in the fields of healthcare, industry, analysis, testing, scientific research, vocational training, criminal investigation on narcotics must be strictly controlled. Production of these substances does not include growing plants containing narcotic drugs.

Article 3.

1. Authorities within their respective duties and powers have the responsibility to cooperate in closely controlling lawful activities related to narcotics within the country.

2. Individuals, agencies, organizations conducting lawful activities related to narcotics within the country must comply with the provisions of the Law on Prevention and Control of Narcotics and this Decree, relevant laws and regulations, and be subject to inspection and control by competent authorities as prescribed by law.

Chapter II

CONTROL OF PRODUCTION AND PREPARATION OF ADDICTIVE SUBSTANCES, PSYCHOTROPIC SUBSTANCES, AND PRECURSORS

NARCOTICS AND PRECURSOR CHEMICALS

Article 4. Only the following organizations and individuals may produce and prepare addictive substances, psychotropic substances, and precursors in the fields of healthcare and industry:

1. Enterprises with functions to produce medicines that meet the technical conditions stipulated by the Ministry of Health and are permitted by the Ministry of Health to produce raw materials, finished products, and semi-finished products of addictive substances, psychotropic substances, and precursors.

2. Hospitals and Research Institutes with hospital beds may prepare finished products of addictive substances, psychotropic substances, and precursors for inpatient and outpatient treatment.

3. Enterprises designated by the Ministry of Industry to produce precursors for use in the industrial field.

4. Individuals meeting the conditions stipulated by the Ministry of Health and the Ministry of Industry.

Article 5. The Ministry of Health shall specify the procedures and formalities for permitting the production and preparation of addictive substances, psychotropic substances, and precursors for use in the healthcare field.

The Ministry of Industry shall specify the procedures and formalities for permitting the production of precursors for use in the industrial field.

The Ministry of Health and the Ministry of Industry within their respective duties and powers shall guide and establish files to track the quantity, quality, shelf life, and production process of addictive substances, psychotropic substances, and precursors used in the healthcare and industrial fields, implement statistical reporting and preservation systems. These files must be retained for the period specified by the Ministry of Health and the Ministry of Industry.

Chapter III

CONTROL OF HANDOVER, POSSESSION, TRANSPORTATION OF NARCOTIC DRUGS, ADDICTIVE SUBSTANCES, PSYCHOTROPIC SUBSTANCES, AND PRECURSORS

TRANSPORTATION OF NARCOTIC DRUGS, PSYCHOACTIVE SUBSTANCES, NARCOTICS, AND PRECURSOR CHEMICALS

Article 6.

1. The Ministries of Health, Industry, and Public Security within their respective duties and powers shall stipulate the conditions for individuals who can directly hand over, receive, possess, and transport narcotic drugs, addictive substances, psychotropic substances, and precursors for use in the healthcare, industrial, analytical, testing, scientific research, vocational training, and criminal investigation on narcotics fields.

2. The recipient specified in Clause 1 of this Article must have necessary documents and be responsible for the quality, quantity, and type of substances during transportation and delivery to the person directly managing them.

3. The deliverer specified in Clause 2 of this Article must check and compare the concentration, content, quantity, quality, batch number, and expiration date. Upon completion of handover, both parties must sign and clearly write their names on the warehouse entry and exit documents.

Article 7. Narcotic drugs, precursors, addictive substances, and psychotropic substances must be stored in a separate area in the warehouse or a dedicated warehouse, ensuring safety.

Article 8.

1. During transportation, narcotic drugs, precursors, addictive substances, and psychotropic substances must be packed and sealed; the packaging must clearly indicate the place of origin, name, quantity, and must be accompanied by a file. In all cases, packaging must be accompanied by a packing list indicating the substance name, concentration, content, quantity, date of packing, and packer's name for easy verification. (if there isquantity, packaging date, and packer's name for easy inspection and identification.

Individuals, agencies, and organizations transporting goods must ensure safety, prevent loss, and be responsible for the quantity and quality of their goods.

2. The Ministry of Public Security shall specify the transportation of substances stipulated in Clause 1 of this Article for use in combating drug-related crimes. The Ministries of Health and Industry within their respective duties and powers shall specify the transportation of substances stipulated in Clause 1 of this Article for use in healthcare, industrial, analytical, testing, and scientific research needs.

Chapter IV

CONTROL OF DISTRIBUTION, PURCHASE, SALE, USE, EXCHANGE OF NARCOTIC DRUGS, ADDICTIVE SUBSTANCES, PSYCHOTROPIC SUBSTANCES, AND PRECURSORS

EXCHANGE OF NARCOTIC DRUGS, PSYCHOACTIVE SUBSTANCES, NARCOTICS, AND PRECURSOR CHEMICALS

Article 9.

1. The Ministry of Health shall specify the system for distribution, purchase, sale, use, and exchange of narcotic drugs, addictive substances, psychotropic substances, and precursors for use in the healthcare, analytical, testing, and scientific research fields.

2. The Ministry of Industry shall specify in detail the distribution, purchase, sale, exchange regime for precursor chemicals used in the industrial sector.

3. The Ministry of Public Security shall specify in detail the distribution, purchase, sale, exchange regime for narcotic substances, precursors, addictive drugs, psychotropic substances used for research, identification, vocational training, and investigation of drug-related crimes.

Article 10. Medical facilities under the People's Army and the People's Public Security are permitted to purchase addictive drugs and psychotropic substances from the Central Pharmaceutical Company or provincial pharmaceutical companies according to planned forecasts approved by the competent authority of the Ministry of Health.

Article 11.

1. Addictive drugs and psychotropic substances must be labeled and stored in accordance with regulations. The label must clearly indicate the name of the substance, finished product, concentration, dosage, indications and contraindications, expiration date, and place of production.

2. Precursor chemicals used in the medical, industrial, analytical, testing, and scientific research sectors must be labeled and stored in accordance with regulations. The label must clearly indicate the name of the substance, components, concentration, dosage, expiration date, and place of production.

Article 12. Agencies, organizations, units requiring the use of addictive drugs, psychotropic substances, and precursors for use in the medical, industrial, analytical, testing, and scientific research sectors must prepare plans according to the general model prescribed. The Ministry of Health shall approve plans for addictive drugs and psychotropic substances for each level based on annual needs. Agencies, organizations, units, and individuals requiring the use of precursors in the industrial sector must prepare plans and notify the Ministry of Industry.

Chapter V
RECORD KEEPING AND REPORTING REGIME

Article 13.

1. Production facilities for narcotic substances, precursors, addictive drugs, and psychotropic substances must maintain ledgers according to the prescribed model, establish files to track quantity, quality, shelf life, production process, implement storage, reporting, and statistical regimes as stipulated by the Ministry of Health and the Ministry of Industry. Ledger books and vouchers must be retained for the period specified by the Ministry of Health and the Ministry of Industry. Upon expiration of the retention period for ledger books and vouchers, the head of the unit shall be responsible for establishing a committee to destroy them and must prepare a record of proceedings.

2. Facilities engaged in the purchase, sale, and distribution of narcotic substances, precursors, addictive drugs, and psychotropic substances must maintain ledgers to track inventory movements. Inventory receipts and issues for these substances cannot be combined with other types of goods and materials.

3. Within ten days of receiving narcotic substances, precursors, addictive drugs, and psychotropic substances into inventory, the managing unit must immediately report to the supervising ministry.

Article 14.

1. Private pharmacies, outpatient clinics, hospitals, and health facilities subordinate to county-level health centers must report monthly to the county-level health center regarding activities related to addictive drugs and psychotropic substances. Pharmacies subordinate to provincial-level pharmaceutical enterprises must report monthly to the provincial-level pharmaceutical enterprise. Reports must be submitted by the 25th of each month.

2. Provincial and county-level hospitals, pharmaceutical enterprises, rehabilitation stations for wounded soldiers, hospitals, and health facilities under the jurisdiction of the province must report monthly to the provincial Department of Health regarding activities related to addictive drugs and psychotropic substances. Reports must be submitted by the 25th of each month.

3. Health units under the Ministry of Transport must directly report to the Department of Health of the Ministry of Transport regarding activities related to addictive drugs and psychotropic substances.

4. Hospitals and health facilities under the People's Public Security Force must directly report to the Health Bureau of the Ministry of Public Security. Military medical units must directly report to the Military Health Bureau of the Ministry of National Defense.

The Ministry of Transport, the Ministry of Public Security, and the Ministry of National Defense within their respective duties and authorities shall provide detailed guidance on reporting regimes to align with drug management work in their respective sectors.

Article 15. On June 25 and December 25 of each year, all production, storage, distribution, purchase, sale, use, exchange facilities for narcotic substances, addictive drugs, psychotropic substances, and precursors used in the medical, industrial, analytical, testing, scientific research, vocational training, and drug crime investigation sectors must conduct an inventory and submit a mid-year report and an annual report to the immediate superior supervisory agency. Health units subordinate to the Ministry of Health, provincial Departments of Health, the Military Health Bureau of the Ministry of National Defense, the Health Bureau of the Ministry of Public Security, and the Department of Health of the Ministry of Transport must submit mid-year reports to the Ministry of Health. Industrial units must submit mid-year reports to the Ministry of Industry.

Article 16All production, preparation, storage, transportation, distribution, purchase, sale, use, disposal, and exchange facilities for narcotic substances, addictive drugs, psychotropic substances, and precursors used in the medical, industrial, analytical, testing, scientific research, vocational training, and drug crime investigation sectors must urgently report to the immediate supervisory agency in case of confusion, poisoning, loss of these substances due to any cause.

Article 17. When narcotic substances, addictive drugs, psychotropic substances, and precursors not covered by Clauses 1 and 2 of Article 24 (Drug Prevention and Control Law) need to be handled, the managing unit must report to the immediate superior agency, clearly stating the reasons and handling methods. Handling can only be carried out upon approval in writing by the competent superior agency. Unit heads must establish a handling committee and prepare records according to the prescribed model. After completion of handling, the record and report must be submitted to the immediate superior supervisory agency.

Chapter VI

ORGANIZATION OF CONTROL OVER LEGAL ACTIVITIES

RELATED TO DRUGS WITHIN THE COUNTRY

Article 18. The Ministry of Public Security is responsible for:

1. Coordinate with relevant agencies to guide, urge, and inspect agencies, organizations, individuals, localities in implementing legal regulatory documents on controlling legal activities related to drugs within the country to prevent and stop the misuse of such activities for illegal purposes.

2. Compile plans and results of long-term and annual comprehensive plans on controlling legal activities related to drugs within the country by ministries and sectors, and submit them to the Government.

3. Issue and organize the implementation of management, inspection, and control regulations for narcotic substances and precursors serving the fight against drug-related crimes.

Article 19. The Ministry of Health is responsible for issuing lists and management regulations for addictive drugs, psychotropic substances, and precursors used in the medical, analytical, testing, and scientific research sectors, and organizing the implementation of those regulations.

Guide, urge, inspect ministries, sectors, organizations, individuals, and localities to implement legal regulatory documents concerning the supervision of lawful activities related to narcotics within the country.

Article 20. The Ministry of Industry is responsible for issuing a list of precursors used in the industrial sector; issuing and organizing the implementation of regulations governing such precursors.

Article 21.

1. Ministries, ministerial-level agencies, and agencies under the Government, within their respective duties and authorities, are responsible for implementing and coordinating with relevant agencies to supervise lawful activities related to narcotics within the country.

2. People's Committees at all levels, within their respective duties and authorities, are responsible for supervising lawful activities related to narcotics within the country in their respective localities.

Article 22. Agencies specified in Articles 18 to 26 of this Decree, within their respective duties and authorities, are responsible for organizing the implementation of assigned tasks and inspecting and supervising the implementation of regulations concerning the supervision of lawful activities related to narcotics within the country; handling violations according to the provisions of the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 23. Funds serving the supervision of lawful activities related to narcotics within the country shall be balanced and allocated in the annual state budget estimates of the Ministry of Public Security, the Ministry of Health, and the Ministry of Industry.

Funds serving the supervision of lawful activities related to narcotics within the country of localities shall be balanced in the annual local government budget expenditure estimates.

Article 24. The Ministry of Health, the Ministry of Industry, and the Ministry of Public Security shall specify specialized management agencies for the supervision of lawful activities related to narcotics within the country.

Article 25. This Decree takes effect fifteen days from the date of signature. Previous provisions contrary to this Decree are hereby abolished.

Article 26. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, and Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.