Tiếng Việt- 1 Decree no. 67/2001/ND-CP of October 01, 2001 promulgating the list of narcotic substances and pre-substances
- 2 Decree no. 80/2001/ND-CP of November 05, 2001 guiding the control of lawful drug-related activities in the
- 3 Decree of Government No.34/2002/ND-CP of March 28, 2002 stipulating the rehabilitation order, procedures and regimes for drug addicts consigned to compul-sory rehabilitation establishments
- 4 Decree of Government No. 56/2002/ND-CP of May 15, 2002 on the organization of the family- or community-based rehabilitation
- 5 Decree of Government No.103/2002/ND-CP of December 17, 2002 prescribing the regime of compensation and allowances for individuals, families, agencies and organizations suffering life, health and property damage while participating in the drug prevention and combat
- 6 Decree No. 04/2003/ND-CP of January 16, 2003, stipulating the commendations and/or rewards for individuals, families, agencies and organizations recording achievements in drug prevention and combat
- 7 Decree No. 05/2003/ND-CP of January 21, 2003, on international cooperation in the field of drug prevention and combat
- 8 Decree no. 133/2003/ND-CP of November 6, 2003, adding a number of substances to the list of narcotics and pre-substances, issued together with the Governments Decree No. 67/2001/ND-CP of October 1, 2001.
- 9 Resolution No. 17/2011/ND-CP of February 22, 2011
- 10 Decree No. 167/2013/ND-CP of Novermber 12, 2013, regulations on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence
- 11 Decree No. 82/2013/ND-CP dated July 19, 2013, promulgating the list of narcotics and pre-substances
- 12 Decree No. 73/2018/ND-CP dated May 15, 2018 on Lists of narcotic substances and precursors
- 13 Decree No. 60/2020/ND-CP dated May 29, 2020 on amending list of narcotic substances and precursors enclosed with the Government’s Decree 73/2018/ND-CP on list of narcotic substances and precursors
| THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 23/2000/QH10 | Hanoi, December 09, 2000 |
(No. 23/2000/QH10 of December 9, 2000)
Drug-related evils pose a great danger to the entire society, causing harms to the health, degenerating the race and human dignity, undermining the family happiness and causing serious effects on social order and safety as well as national security.
To effectively prevent, check and fight the drug-related evils;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law prescribes drug prevention and fight,.
Article 2.- In this Law, the following terms are construed as follows:
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2. Additive substances are neurogenic or neurosuppressible substances easily causing addiction to users.
3. Centripetalneurotropic substances are those which stimulate or inhibit nerves or cause illusion, may cause addiction to users if they are used repeatedly for many times.
4. Pre-substances are chemicals indispensible in process of preparation and production of narcotics, specified in the lists promulgated by the Government.
5. Addictive medicines, centripetalneurotropic medicines are curative medicines prescribed in the lists promulgated by the Health Ministry, which contain substances prescribed in Clause 2 and Clause 3 of this Article.
6. Narcotic- bearing plants include opium poppy, coca, marijuana or other plants carrying narcotics, prescribed by the Government.
7. Drug prevention and fight means preventing, checking and fighting drug-related evils and controlling lawful activities related to drug.
8. Drug-related evils mean drug addiction, drug-related crimes and other illegal acts concerning drug.
9. Lawful drug-related activities include activities of researching, expertising, producing, transporting, preserving, storing, selling and buying, distributing, using, treating, exchanging, importing, exporting and/or transiting substances prescribed in Clauses 1, 4 and 5 of this Article, permitted by the competent State bodies under the provisions of law.
10. Control of drug-related lawful activities means permitting, monitoring, inspecting and supervising the activities prescribed in Clause 9 of this Article and preventing and checking the abuse of such activities for other purposes.
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Article 3.-The following acts are strictly forbidden:
1. Cultivating narcotic-bearing plants;
2. Illegally producing, storing, transporting, preserving, buying, selling, distributing, expertising, exchanging, exporting, importing, transiting, researching into or appropriating narcotic substances, pre-substances, addictive medicines, centripetalneurotropic medicines;
3. Illegally using, organizing the illegal use of, drug; inciting, coercing, inducing, harboring and/or supporting the illegal use of narcotic substances;
4. Producing, storing, transporting, buying and selling means and tools for use in the illegal production and/or use of narcotic substances;
5. Legalizing money and/or property acquired through the commission of drug-related crimes;
6. Opposing or obstructing the drug detoxication;
7. Retaliating or obstructing responsible people or persons participating in drug prevention and fight;
8. Abusing positions, powers and occupations to breach the legislation on drug prevention and fight.
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2. The State adopts policies to encourage and protect individuals, families, agencies and organizations participating in preventing and fighting drug-related evils; organize the fight against drug-related crimes and synchronously employ economic, legal, cultural, social and professional measures to propagate and mobilize people, public servants, officers and men of the peoples armed forces to take part in the drug prevention and fight; to combine drug prevention and fight with the prevention of and fight against crimes of different types, HIV/AIDS and other social vices.
2. Foreign individuals and organizations entering, leaving, transiting, residing and traveling on the Vietnamese territory shall have to abide by the regulations of this Law and other regulations of the Vietnamese legislation on drug prevention and fight.
RESPONSIBILITIES FOR DRUG PREVENTION AND FIGHT
Article 6.- Individuals and families shall have the responsibility to:
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2. Strictly observe the doctors’ instructions on the use of addictive medicines and entripetalneurotropic medicines for treatment of ailments;
3. Oppose drug-related illegal acts committed by relatives and other persons;
4. Participate in or support activities related to drug detoxication at detoxication establishments and communities; monitor and help persons who have given up drug addiction to integrate into the community; prevent and combat the relapse into addiction.
2. In regions where the narcotic-bearing plants must be got rid of, the State bodies shall, within the scope of their respective tasks and powers, have the responsibility to organize the implementation of the State’s undertaking and policies on the development of agricultural and forestry production to substitute the cultivation of narcotic-bearing plants; plan appropriate agricultural, forestry, industrial and service structure so that people shift their production with efficiency.
1. Organize and coordinate with competent bodies in the propagation and education among people about knowledge and legislation on drug prevention and fight; build a healthy and civilized social environment;
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3. Supervise the drug prevention and fight activities in agencies, schools, other educational institutions and population quarters;
4. Coordinate with the administrations at all levels and competent bodies in mobilizing drug addicts to give up addiction; participate in providing education and job-training and seeking jobs for and helping people who have given up addiction integrate into the community; prevent and combat the relapse into addiction.
Article 10.- The schools and other educational institutions have the responsibility to:
1. Organize the implementation of the education program on drug prevention and fight; to educate pupils, students and trainees in the legislation on drug prevention and fight as well as the healthy way of life; strictly manage and prevent pupils, students and trainees from involving in drug-related evils;
2. Coordinate with families, agencies, organizations and local administration in managing and educating pupils, students and trainees about drug prevention and fight;
3. Coordinate with health bodies and local administration in organizing tests when necessary in order to detect drug addicts among pupils, students and trainees.
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a) Assuming the prime responsibility and coordinating with the concerned agencies to carry out activities to prevent and fight drug-related crimes in the border and inland regions;
b) Applying necessary scouting measures to detect drug-related crimes;
c) Requesting expertise of necessary specimen, bio-product samples to detect drug-related crimes;
d) Requesting concerned individuals, families, agencies and/or organizations to supply information, documents, financial situation and accounts at banks when there are grounds to believe that acts prescribed in Clauses 1, 2, 3, 4, 5 and 8, Article 3 of this Law are committed;
e) Requesting post offices to open parcels, postal matters for inspection when there are grounds to believe that such parcels, postal matters contain narcotic substance, pre-substances, addictive medicines, entripetalneurotropic medicines;
f) Applying necessary measures to protect denouncers, witnesses and victims in drug-related cases.
2. Individuals, families, agencies and organizations defined at Points d and e of Clause 1 of this Article shall have to strictly satisfy the requests of drug prevention and fight agencies, if any.
3. The Government shall specify the conditions, procedures, competence and responsibility of the drug prevention and fight agencies in carrying out activities prescribed in Clause 1 of this Article.
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2. Where individuals, families, agencies and/or organizations participating in drug prevention and fight suffer from material losses, they shall be compensated therefor by the State; where individuals are injured, harmed in their health or lose their lives, they themselves or their families shall be entitled to special regimes and policies as prescribed by the Government.
3. Police offices, customs offices, border guards, coast guards, procuracies, courts and administration at all levels shall, within the scope of their tasks and powers, have to implement the provisions in Clause 1 of this Article.
CONTROL OF LAWFUL DRUG-RELATED ACTIVITIES
2. The transportation of substances prescribed in Clause 1 of this Article by foreign agencies, organizations and individuals on the Vietnamese territory must comply with the provisions of Vietnamese laws.
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The transit permits shall be addressed to the applying organizations, the customs offices at the border-gates where the transit goods are transported through and other relevant agencies. A permit is valid for one transit within the time limit prescribed therein.
2. The transiting of substances prescribed in Clause 1 of this Article must strictly adhere to the itineraries inscribed in the transit permits. The organizations transporting transit goods must carry out the procedures and be subject to the inspection by the customs and other competent bodies of Vietnam.
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2. The bringing along of addictive medicines and/or centripetalneurotropic medicines for treatment of personal ailments when being on entry, exit or transit on the Vietnamese territory shall comply with the regulations of the Health Ministry of Vietnam and be subject to the inspection by competent bodies of Vietnam.
2. The handling of addictive medicines and/or centripetalneurotropic medicines of poor quality or with expired dates shall comply with regulations of the Health Ministry.
3. The handling of narcotic substances, addictive medicines and/or centripetalneurotropic medicines which do not fall under the cases prescribed in Clauses 1 and 2 of this Article and pre-substances shall comply with the regulations of the Government.
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a) Declare by themselves the state of their drug addiction to the agencies or organizations where they have worked or the administrations of the localities where they have resided and register by themselves for forms of detoxication;
b) Strictly abide by the regulations on drug detoxication.
2. Drug addicts’ families have the responsibility to:
a) Report to the local administrations on the drug addicts in their own families and the addiction state of such persons;
b) Assist the drug addicts to apply the family-based detoxication under the guidance and supervision of medical workers and local administration;
c) Monitor, supervise, prevent or stay the addicts from illegally using narcotic substances or committing acts of disturbing social order and safety;
d) Help the competent bodies to send drug addicts to detoxication establishments and contribute funds for detoxication under the provisions of law.
The Government shall specify the organization of family- and community- based detoxication.
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2. The sending of drug addicts into compulsory detoxication establishments shall be effected by decisions of the presidents of the People’s Committees of rural districts, urban districts, provincial towns and cities. The time limit for detoxication at compulsory detoxication establishments shall range from one to two years.
3. Those drug addicts who voluntarily file their applications for detoxication shall be admitted for detoxication at compulsory detoxication establish-ments and not be considered having been handled for administrative violations.
4. The organization and operation of compulsory detoxication establishments, the compulsory detoxication regime and the procedures to consign drug addicts defined in Clause 1 of this Article to compulsory detoxication establishments shall comply with the law provisions on handling of administrative violations.
2. Drug addicts aged between full 12 and under 18 years, who apply either voluntarily on their own or under their families’ applications for detoxication shall be admitted into compulsory detoxication establishments reserved for them.
3. The detoxication for drug addicts defined in Clauses 1 and 2 of this Article shall not be considered the handling of administrative violations.
4. The organization and operation of compulsory detoxication establishments, the competence, duration and regime of detoxication, the procedures for consigning drug addicts prescribed in Clauses 1 and 2 of this Article into compulsory detoxication establishments shall be stipulated by the Government.
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1. Abide by the internal regulations and be subject to the management and education by the compulsory detoxication establishments;
2. Labor, study and have medical treatment for detoxication and contribute to ensuring the life during the detoxication period.
a) Juveniles;
b) Women;
c) Persons affected with dangerous contagious diseases;
d) Persons detoxicated for many times or committing acts of disturbing order.
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3. Heads of the detoxication establishments may decide the application of coercive measures prescribed by law to strictly manage, educate and medically treat the drug detoxicators and request the local administration and people’s armed forces to assist when necessary.
The local administrations and the people’s armed forces have the responsibility to coordinate with one another in the implementation of measures to protect the detoxication establishments and support officials and employees in these establishments when so requested.
4. The detoxication establishments must respect the honor, dignity, lives, health and property of drug detoxicators.
The concerned individuals, families, agencies and organizations have the responsibility to support the local administrations in managing, educating, supervising and combating relapse into addiction for drug detoxicators.
a) State budget;
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c) Financial support from domestic and foreign organizations and individuals.
2. Drug addicts, their spouses, parents of juvenile drug addicts shall have to contribute detoxication fund under the regulations of the Government; those who meet with financial difficulties shall be considered for reduction or exemption of fund contributed to detoxication.
3. Drug detoxication establishments may receive contributions, financial supports of domestic individuals, families, agencies and organizations as well as foreign organizations and individuals to organize detoxication for drug addicts and have to manage and use such contributions and supports according to the provisions of law.
STATE MANAGEMENT OF DRUG PREVENTION AND FIGHT
Article 36.- The contents of State management of drug prevention and fight shall include:
2. Promulgating and organizing the implementation of legal documents on drug prevention and fight;
3. Organizing the apparatus, training, fostering of cadres on drug prevention and fight;
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5. Granting and withdrawing permits for lawful drug-related activities;
6. Deciding the setting up and dissolution of compulsory drug detoxication establishments; granting and withdrawing operation permits of other drug detoxication institutions; organizing and managing the drug detoxication and community integration for persons who have been detoxicated;
7. Organizing the drug-related crime prevention and fight;
8. Making State statistics on drug prevention and fight;
9. Organizing research into and application of scientific and technological advances to drug prevention and fight;
10. Organizing propagation and education about drug prevention and fight;
11. Undertaking international cooperation in drug prevention and fight;
12. Examining, inspecting and settling complaints and denunciations, and handling violations of the legislation on drug prevention and fight.
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2. The Ministry of Public Security shall take responsibility before the Government for coordinating with the ministries, ministerial-level agencies and agencies attached to the Government in performing the uniform State management of drug prevention and fight.
3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within the scope of their tasks and powers, have to carry out and coordinate with concerned agencies in drug prevention and fight.
4. The Peoples Committees of all levels shall perform the State management of drug prevention and fight in their respective localities; direct the propagation and education about and organize the drug prevention and fight in their localities; manage the drug detoxication and community integration for people who have been detoxicated.
1. The Ministry of Public Security shall have the responsibility to:
a) Work out and organize the implementation of strategies, guidelines, policies and plans on drug-related crime prevention and fight; sum up the results of implementing the drug prevention and fight plans of the ministries and branches for submission to the Government;
b) Assume the prime responsibility and coordinate with concerned State bodies in the struggle for drug-related crime prevention and fight; organize the reception and processing of information on drug-related crimes;
c) Promulgate and organize the implementation of the regulations on management of narcotic substances and pre-substances in service of the struggle against drug-related crimes;
d) Organize forces for investigation of drug-related crimes, guide other agencies in conducting the preliminary investigation of such crimes according to the provisions of law;
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f) Organize the apparatus, training and fostering of personnel engaged in the investigation of drug-related crimes, the struggle to prevent and combat them as well as the expertise of narcotic substances and pre-substances;
g) Make the State statistics on drug prevention and fight; manage the information on drug-related crimes;
h) Coordinate with the Ministry of Labor, War Invalids and Social Affairs in directing the making of dossiers and organizing the consignment of drug addicts to compulsory detoxication establishments, maintain security and order at detoxication establishments, inspect the detoxication activities in communities and detoxication establishments;
i) Effecting international cooperation on drug-related crime prevention and fight.
2. The Minister of Public Security shall grant and withdraw permits for transiting narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines through the Vietnamese territory; grant and withdraw permits for import and/or export of narcotic substances for use in the struggle against criminals.
1. Work out and organize the implementation of strategies, guidelines, policies and plans on organizing drug detoxication; direct the organization of drug detoxication and settle post-detoxication social problems;
2. Organize the apparatus, training and fostering of cadres engaged in the work of drug detoxication and the settlement of post-detoxication social problems;
3. Take initiative in coordinating with concerned agencies, organizations and local administrations in building and guiding the operation of drug detoxication establishments; provide of training, job creation, employment consultancy, support, material and moral assistance for drug detoxicators to integrate themselves into the community; prevent and combat relapse into addiction;
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5. Guide and direct the setting up and dissolution of compulsory detoxication establishments; grant and withdraw operation permits of other drug detoxication institutions;
6. Effect international cooperation on drug detoxication and settlement of post-detoxication social problems.
1. The Health Ministry shall have the responsibility to:
a) Promulgate lists and regulations on management of addictive medicines, centripetalneurotropic medicines, pre-substances used in the health domain and organize the implementation of such regulations; promulgate and take initiative in coordinating with concerned agencies in organizing the implementation of the regulations on management of narcotic substances used in the domains of public health, scientific analysis, test and research;
b) Stipulate the research into detoxication medicines and methods; grant and withdraw permits for circulation of detoxication medicines, or for the application of detoxication methods; provide human and medically technical supports for drug detoxication;
c) Effect international cooperation in control of addictive medicines, centripetalneurotropic medicines, pre-substances used in the domains of public health, scientific analysis, test and research.
2. The Health Minister shall grant and withdraw permits for import and/or export of detoxication medicines, addictive medicines, centripetalneurotropic medicines, narcotic substances, pre-substances used in the domains of public health, scientific analysis, test and research.
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a) Promulgate lists and regulations on management of pre-substances used in the industrial domain and organize the implementation of such regulations;
b) Effect international cooperation in control of pre-substances used in the industrial domain.
2. The Industry Minister shall grant and withdraw the permits for import and/or export of pre-substances for use in the production domain, except for cases prescribed in Clause 2, Article 40 of this Law.
2. Agencies defined in Clause 1 of this Article may coordinate with concerned agencies of other countries under the provisions in Chapter VI of this Law in detecting and/or preventing acts of illegally buying, selling and/or trafficking narcotic substances, pre-substances, addictive medicines and/or centripetalneurotropic medicines across the border.
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2. Handle administrative violations according to the provisions of law and request the investigating bodies to prosecute, investigate acts with signs of drug-related crimes.
INTERNATIONAL COOPERATION IN DRUG PREVENTION AND FIGHT
2. The Vietnamese State may deny the legal assistance in the following cases:
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b) The satisfaction of the request for legal assistance causes harms to the national sovereignty, security or other important interests of Vietnam.
COMMENDATION, REWARD, AND HANDLING OF VIOLATIONS
2. Those who use their own property and/or means to harbor or create conditions for illegal drug-related activities; fail to meet or do no fully meet the requests of competent drug prevention and fight bodies; obstruct, oppose, infringe upon the lives, health, honor and dignity of denouncers, witnesses, victims, persons on official duty or commit other acts of violating the provisions of this Law shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability; if causing damage, they must pay compensations therefor as prescribed by law.
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Article 55.- This Law takes effect for implementation as from June 1, 2001.
The previous provisions contrary to this Law shall all be annulled.
Article 56.- The Government shall detail and guide the implementation of this Law.
This Law was passed on December 9, 2000 by the National Assembly of the Socialist Republic of Vietnam, Xth Legislature, 8th session.
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- 1 Decree No. 60/2020/ND-CP dated May 29, 2020 on amending list of narcotic substances and precursors enclosed with the Government’s Decree 73/2018/ND-CP on list of narcotic substances and precursors
- 2 Decree No. 73/2018/ND-CP dated May 15, 2018 on Lists of narcotic substances and precursors
- 3 Decree No. 167/2013/ND-CP of Novermber 12, 2013, regulations on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence
- 4 Decree No. 82/2013/ND-CP dated July 19, 2013, promulgating the list of narcotics and pre-substances
- 5 Resolution No. 17/2011/ND-CP of February 22, 2011
- 6 Decree no. 133/2003/ND-CP of November 6, 2003, adding a number of substances to the list of narcotics and pre-substances, issued together with the Governments Decree No. 67/2001/ND-CP of October 1, 2001.
- 7 Decree No. 05/2003/ND-CP of January 21, 2003, on international cooperation in the field of drug prevention and combat
- 8 Decree of Government No. 56/2002/ND-CP of May 15, 2002 on the organization of the family- or community-based rehabilitation
- 9 Decree no. 80/2001/ND-CP of November 05, 2001 guiding the control of lawful drug-related activities in the
- 10 Decree no. 67/2001/ND-CP of October 01, 2001 promulgating the list of narcotic substances and pre-substances
- 11 1992 Constitution of the Socialist Republic of Vietnam