Decree No. 163/2026/ND-CP dated May 15, 2026 on elaborating the Law on Prevention and Control of Narcotic Substances

• Official number: 163/2026/ND-CP
• Legislation Type: Decree of Government
• Organization: The Government
• Signer: Pham Thi Thanh Tra
• Issued Date: 15/05/2026

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ---------------
No. 163/2026/ND-CP	Hanoi, May 15, 2026

DECREE

ELABORATING THE LAW ON PREVENTION AND CONTROL OF NARCOTIC SUBSTANCES

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Narcotics Substance Prevention and Combat No. 120/2025/QH15;

At request of Minister of Public Security;

The Government promulgates Decree elaborating the Law on Prevention and Control of Narcotic Substances.

Chapter I

GENERAL PROVISIONS

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This Decree elaborates Clause 5 Article 11, Clause 4 Article 12, Clause 2 Article 14, Clause 2 Article 15, Clause 3 Article 18, Clause 9 Article 24, Clause 2 Article 28, Clause 4 Article 29, Clause 10 Article 32, Clause 6 Article 33, Clause 5 Article 34, Clause 7 Article 35, Clause 7 Article 36, Clause 8 Article 42 of the Law on Prevention and Control of Narcotic Substances; solutions for arranging and guiding implementation of Article 17, Article 19, Article 20, Clause 2 Article 21, Article 23, Clause 6 Article 31, Article 37, Article 38, Article 39, Clause 2 Article 45, Point d Clause 2 Article 46 of the Law on Prevention and Control of Narcotic Substances pertaining to cooperation of drug-related crime preventing authorities; control of legal activities related to narcotic substances; electronic monitoring solutions; management of persons illicitly using narcotic substances (hereinafter referred to as “illicit drug users”); narcotic substance rehabilitation and post-rehabilitation management.

Article 2. Regulated entities

This Decree applies to agencies, organizations, individuals related to cooperation in prevention and control of narcotic substances; control of legal activities related to narcotic substances; management of illicit drug users; narcotic substance rehabilitation and post-rehabilitation management.

Article 3. Rules of implementation

1. Cooperation of drug-related crime preventing authorities; control of legal activities related to narcotic substances, management of illicit drug users, narcotic substance rehabilitation and post-rehabilitation management shall conform to the Law on Prevention and Control of Narcotic Substances, this Decree and relevant law provisions.

2. Cooperation of drug-related crime preventing authorities must comply with principles below:

a) Drug-related crime preventing authorities shall exercise cooperation on the basis of functions, tasks, and powers of each ministry, central department, local government in a manner that ensures mutual assistance and unification;

b) In each area and local administrative division, a main authority shall primarily be responsible and take charge in drug-related crime prevention; other authorities have the responsibility to cooperate within their task and functions;

c) Communication pertaining to crime, implementation of professional operation must be punctual, accurate, and compliant with regulations on state secret protection;

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3. Control of legal activities related to narcotic substances must comply with principles below:

a) Legal activities related to narcotic substances according to Clause 1 Article 13 of the Law on Prevention and Control of Narcotic Substances must be closely controlled in each industry, sector, local government, and until the final products;

b) Competent regulatory authorities, within their functions, tasks, and powers, have the responsibility to manage activities in their respective field and cooperate in controlling legal activities related to narcotic substances.

4. Management of illicit drug users must comply with principles below:

a) Management of illicit drug users must be public, impartial, and compliant with regulations of the law;

b) Management of illicit drug users must respect and protect lawful rights and benefits of illicit drug users and their families;

c) Social assistance, supervision, and cooperation in motivating illicit drug users to stop narcotic substance use must include families, agencies, organizations, or local community where illicit drug users live, work, study;

d) Information and documents on illicit drug users must be accurately updated on a regular basis;

dd) Authorities shall closely cooperate in management of illicit drug users within their functions, powers, and responsibilities and in a manner that respects handling procedures and time limit;

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5. Rehabilitation of narcotic substances, post-rehabilitation management must comply with principles below:

a) Respect rights and obligations of persons undergoing rehabilitation, persons under post-rehabilitation management;

b) Protect personal secrets of persons undergoing narcotic substance rehabilitation and persons under post-rehabilitation management; only provide relevant information for competent individuals, agencies, organizations.

6. Adoption of electronic monitoring must comply with principles below:

a) Electronic monitoring must be public, impartial, and compliant with regulations of the law;

b) Respect and protect lawful rights, benefits of persons placed under electronic monitoring;

c) Prohibit adopting electronic monitoring to violate lawful rights and benefits of citizens.

7. Implementation of Clause 4, Clause 5, Clause 6 of this Article shall be consistent with characteristics of region, socio-economic conditions, customs of ethnic minorities, mountainous regions; freedom of religion as per the law; involve families and community; exercise monitoring role of the general public via the Vietnamese Fatherland Front and member organizations as per the law.

Article 4. Definitions

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1. Production of narcotic substances refers to activities that create narcotic substances from plants containing narcotic substances, precursors, chemicals, or other narcotic substances in any shape or form; including refining, mixing, blending, brewing, altering form of narcotic substances and excluding planting plants containing narcotic substances.

2. Production of precursors refers to activities that create precursors from plants containing precursors, chemicals, or other precursors in any shape or form.

3. Professional training in drug-related crime prevention refers to training, advanced training, refresher training, and professional counseling provided for individuals engaged in drug-related crime prevention; training of military animals and other activities pertaining to methods, signs for identifying narcotic substances and precursors.

4. Traceability of narcotic substance refers to the application of biochemistry, chemical, and physical methods for identify status, characteristics of materials, methods for producing narcotic substances; texts, logo on labels and packaging to determine origin of narcotic substances in order to serve drug-related crime prevention and fighting.

5. Narcotic substance rehabilitation service refers to an operation conducted by organizations and individuals eligible to conduct one or multiple rehabilitation stages according to the Law on Prevention and Control of Narcotic Substances and this Decree in order to assist drug addicts in community-based or family-based voluntary rehabilitation and private rehabilitation facilities.

6. Rehabilitation service contract refers to an agreement between rehabilitation service providers and drug addicts or legal representatives of drug addicts from 12 years of age to less than 18 years of age pertaining to provision and use of voluntary narcotic substance rehabilitation service.

7. Failure to register voluntary rehabilitation or failure to register treatment with substitution therapy refers to a situation where a drug addict at 18 years of age or older or a parent or guardian or legal representative of a drug addict from 12 years of age to less than 18 years of age fails to register voluntary rehabilitation or treatment via substitution therapy as per the law within 24 hours from the moment in which they are identified with or informed about narcotic substance addition. Where such failure is caused by force majeure, the time limit shall start from the moment in which force majeure ends according to decision of competent authorities.

8. Failure to undergo voluntary rehabilitation or failure to receive substitution therapy refers to a situation where a drug addict at 12 years of age or older fails to comply with decision on voluntary rehabilitation or substitution treatment within 2 working days from the date on which competent authorities issue such decision. Where such failure is caused by force majeure, the time limit shall start from the moment in which force majeure ends according to decision of competent authorities.

9. Termination of rehabilitation without permission refers to a situation where a person attending voluntary rehabilitation fails to comply with specific regulations on rehabilitation or leaves rehabilitation facilities for 2 working days or more without a justifiable reason.

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11. Relapse refers to a situation in which a person who has finished rehabilitation or substitution therapy is identified by competent authorities as a drug addict.

Chapter II

COOPERATION OF DRUG-RELATED CRIME PREVENTING AUTHORITIES

Article 5. Drug-related crime preventing authorities

1. Drug-related crime preventing authorities affiliated to people’s public security include: Counter-Narcotics Police Department, the Ministry of Public Security; Counter-Narcotics Police Divisions of provincial police.

2. Drug-related crime preventing authorities affiliated to the Border Guard include: Department of Drug Control and Crime Prevention, Vietnam Border Guard Command; Drug Control and Crime Prevention Taskforce affiliated to Department of Drug Control and Crime Prevention; Department of Professional Affair and Drug Control and Crime Prevention Force affiliated to Border Guard Command; Drug Control and Crime Prevention Teams affiliated to Border Guard Post; Drug Control and Crime Prevention Sub-division affiliated to Port Border Guard; Drug Control and Crime Team affiliated to Border Guard Squadron.

3. Drug-related crime preventing authorities affiliated to Vietnam Coast Guard include: Department of Professional and Legal Affairs; Special Task Forces on Drug Crime Prevention and Control; Crime and Violation Prevention Department affiliated to Regional Coast Guard Command; Crime and Violation Prevention Sub-department affiliated to Coast Guard Squadron.

4. Drug-related crime preventing authorities affiliated to customs authorities include: Anti-smuggling Investigation Department affiliated to Department of Vietnam Customs, the Ministry of Finance; Customs Sub-departments of provinces and local administrative divisions.

Article 6. Cooperation in coordination and direction

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2. Recommend amendment to policies, regulations of the law upon encountering new issues in preventing, combating drug-related crime within their powers or request competent authorities to amend and promulgate new regulations in order to satisfy governance demands for drug prevention and combat.

3. Cooperate in implementing and arranging effective execution of tasks within respective fields.

Article 7. Cooperation in communicating and mobilizing the general public

Drug-related crime preventing authorities shall communicate and request committees, governments of all levels to communicate, raise awareness of the general public pertaining to regulations on preventing and combating narcotic substances, operating methods and schemes of drug-related crimes, consequences and impact of narcotic substances; compile documents, develop and implement plans for communicating, mobilizing the general public to actively participate in preventing, detecting, reporting, and combating drug-related crimes and vices.

Article 8. Cooperation in information exchange

1. Details of information and documents exchanged between drug-related crime preventing authorities include:

a) Worldwide drug-related crime statistics; policies and regulations of other countries pertaining to drugs; information on drug-related crime involving Vietnam communicated between countries and international; drug-related crime statistics at border areas, border checkpoints, and at sea;

b) Results of drug-related crime prevention and combat operation of each agency; handling results of drug-related crime reports and denunciation at border areas, border checkpoints, and at sea; forecast of drug-related crime trend and situation;

c) Operating procedures, experience, and solutions for handling issues, difficulties in drug-related crime prevention and combat of specialized authorities;

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dd) New narcotic substances and legislative documents in preventing and combating drug-related crimes;

e) Other information and documents when requested.

2. Drug-related crime preventing authorities affiliated to people’s public security, Border Guard, Coast Guard, Customs authority have the responsibility to promptly notify and share information, documents pertaining to operation of drug-related crimes involving areas, administrative divisions where other forces are in charge for joint resolution.

Article 9. Cooperation in implementation of professional solutions

1. Drug-related crime preventing authorities shall cooperate in arranging forces, equipment, and adopting professional solutions for preventing, combating drug-related crimes; exchanging professional operations to investigate, process cases and issues at request.

2. Drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs shall cooperate with drug-related crime preventing authorities affiliated to people’s public security in implementing professional solutions at areas and administrative divisions:

a) In areas and administrative divisions with complicated drug issues, drug-related crime preventing authorities affiliated to people’s public security shall actively cooperate with other drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs in developing plans and solutions for unified settlement;

b) Where drug-related crime preventing authorities affiliated to people’s public security request cooperation in reconnaissance in border area or border checkpoint and at sea, drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs have the responsibility to cooperate in exchanging information and assist in implementation;

c) Where drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs adopt professional solutions in preventing and combat drug-related crimes in border area, border checkpoints, and at sea, drug-related crime preventing authorities affiliated to people’s public security have the responsibility to cooperate in exchanging information and assisting in implementation.

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1. Drug-related crime preventing authorities shall cooperate in establishing and settling high-profile cases as follows:

a) In respect of high-profile narcotic cases in which drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs are in charge of settlement and which involve domestic territory, drug-related crime preventing authorities affiliated to people’s public security shall take charge, cooperate, follow through with request, and promptly receive related documents, evidence to investigate and handle as per the law;

b) In respect of high-profile narcotic cases in which drug-related crime preventing authorities affiliated to people’s public security are in charge of settlement and which involve border area, border checkpoint, and at sea, drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs shall cooperate and comply with request;

c) In respect of complicated high-profile narcotic cases that involve multiple administrative divisions or cross-border operation or international nature, agencies shall cooperate in establishing commission of investigation. Superior authorities of drug-related crime preventing authorities that discover the aforementioned narcotic cases shall take charge and cooperate with drug-related crime preventing authorities affiliated to people’s public security together with other agencies; direct superior of entities establishing investigation commission shall be entitled to approve establishment of investigation commission; steering committee of investigation commission consists of: police forces acting as figurehead of steering committee, Border Guard, Coast Guards, and Customs acting as members; steering committee of investigation commission shall be direct superior of investigation commission;

d) Where drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs discover information and documents that serve as prelude to high-profile case investigation in their jurisdiction, the drug-related crime preventing authorities shall cooperate with other drug-related crime preventing authorities in establishing high-profile cases.

2. Authorities cooperating in criminal investigation and settlement of violations of narcotic laws as per the law:

a) Where drug-related crime preventing authorities affiliated to people’s public security request professional drug-related investigation in border area, border checkpoint, and at sea, drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs have the responsibility to cooperate and enable drug-related crime preventing authorities affiliated to people’s public security to complete their tasks;

b) Drug-related crime preventing authorities affiliated to people’s public security have the responsibility to cooperate and enable drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs if these authorities request cooperation in investigation and settlement of drug-related crime and violations in Vietnam; upon receiving request of drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and Customs pertaining to pursuit of subjects, vehicles, evidence related to drug-related crimes and violations of the law from border, border checkpoint to Vietnam, drug-related crime preventing authorities affiliated to people’s public security have the responsibility to deploy forces and cooperate in apprehending and searching. Upon apprehending suspects or finding vehicles and evidence, immediately notify and transfer case file, evidence, and vehicles to requesting authorities in order to continue with investigation as per the law;

c) After concluding investigation and settlement of cases, authorities shall inform each other about cooperation results and arrange experience learning.

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Article 11. Other cooperation

1. Drug-related crime preventing authorities, within their functions, tasks, and powers, have the responsibility to cooperate and assist each other in professional training for drug-related crime prevention and fighting; cooperate in implementing or requesting competent authorities to commend in groups and individuals with merits in cooperation in drug-related crime prevention and fighting.

2. Cooperate in international cooperation in preventing and combating drug-related crimes.

Article 12. Form of cooperation

1. Exchange and provide information, documents, and situations pertaining to cooperation between drug-related crime preventing authorities via appropriate methods and in a manner compliant with state secret protection laws.

2. Implement plans for communicating and mobilizing the general public to participate in prevention of and combat against drug-related crimes.

3. Implement interdisciplinary patrol and control; develop and implement professional plans, establish common high-profile cases and cooperate in combating drug-related crimes in key areas and administrative divisions.

4. Arrange periodic interdepartmental meetings, conferences, seminars, forums pertaining to issues concerning cooperation between authorities.

5. Arrange training, professional training, and refresher training in drug-related crime prevention and fighting.

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Article 13. Interdepartmental meeting, reporting, and statistics

1. Interdepartmental meeting

a) Drug-related crime preventing authorities shall proceed with periodic interdepartmental meeting as follows:

At central level: Authorities shall take turn to take charge of interdepartmental meeting once per year.

At provincial level: Authorities shall take turn to take charge of interdepartmental meeting once every 6 months.

b) Following periodic interdepartmental meeting, entities shall file reports on meeting results to their superior for monitoring, direction and inform subordinate for exhaustive comprehensive and implementation;

c) In case of irregular or complicated situation, drug-related crime preventing authorities shall actively inform each other via appropriate means and in a manner compliant with state secret protection laws.

2. Reporting and statistics

Drug-related crime preventing authorities shall file reports on situation, results, and statistics concerning cooperation between drug-related crime preventing authorities to their superior every 6 months and every year. In respect to high-profile cases, and violations of the laws pertaining to narcotic substances where authorities cooperate in settlement, presiding entities have the responsibility to perform initial inventory and notify, communicate with cooperating entities.

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Report submission deadline and data cut-off date shall conform to regulations of the Government on reporting regime of Governmental administrative agencies.

Chapter III

ELECTRONIC MONITORING SOLUTION

Article 14. Electronic monitoring devices

Electronic monitoring devices are telecommunication tracking devices that satisfy national technical regulations and are carried on body to determine position of the monitored person, and are provided by the Ministry of Public Security.

Article 15. Electronically monitored individuals and duration of electronic monitoring solution

1. In respect of a person who is attending community-based or family-based voluntary rehabilitation; a person who is receiving substitution treatment or placed under post-rehabilitation management at 18 years of age or older:

a) A person who is attending community-based or family-based voluntary rehabilitation; a person who is placed under post-rehabilitation management shall be placed under electronic monitoring during period in which they attend community-based or family-based voluntary rehabilitation or are placed under post-rehabilitation management;

b) A person who is receiving substitution therapy shall be placed under electronic monitoring for 2 years from the date on which decision on adoption of electronic monitoring enters into force.

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a) Where a parent, a guardian, or a legal representative of a person who is attending community-based or family-based voluntary rehabilitation; a person who is receiving substitution therapy or placed under post-rehabilitation management with stable residence requests adoption of electronic monitoring, the person shall be placed under electronic monitoring for 1 year from the date on which decision on adoption of electronic monitoring enters into force or until period of community-based or family-based voluntary rehabilitation or substitution therapy expires if remaining period of voluntary rehabilitation at residence and community or substitution therapy is less than 1 year from the date on which decision on adoption of electronic monitoring enters into force.

Application for adoption of electronic monitoring shall use Form No. 1 under Appendix I attached hereto;

b) A person who is placed under post-rehabilitation management and lacks stable residence shall be placed under electronic monitoring during post-rehabilitation management period.

Article 16. Decision on adoption of electronic monitoring

1. Figureheads of commune-level police authorities shall prepare list of people attending community-based or family-based voluntary rehabilitation; people placed under post-rehabilitation management and people receiving substitution therapy based on Article 15 hereof in order to issue decision on adoption of electronic monitoring.

2. Time limit for issuing decision on adoption of electronic monitoring:

a) Figureheads of commune-level police authorities shall adopt electronic monitoring for individuals under Points a and b Clause 1; Point b Clause 2 Article 15 hereof within 12 hours from the moment in which commune-level police authorities issue decision on community-based or family-based voluntary rehabilitation; receive notice on admission for substitution therapy or decision on post-rehabilitation management of Chairpersons of commune-level People’s Committees;

b) Figureheads of commune-level police authorities shall issue decision on adoption of electronic monitoring within 24 hours from the moment in which they receive written request of parents, guardians, legal representatives under Point a Clause 2 Article 15 hereof or documents on violations in case of individuals under Clause 6 Article 25 hereof.

3. Decision on adoption of electronic monitoring shall conform to Form No. 2 under Appendix I attached hereto. In respect of people who have completed rehabilitation at rehabilitation facilities and reformatories, figureheads of commune-level police authorities that adopt electronic monitoring shall request public rehabilitation facilities, reformatories, and commune-level police authorities of administrative divisions where private rehabilitation facilities are located to enforce decision on adoption of electronic monitoring before people who have completed rehabilitation leave rehabilitation facilities, reformatories.

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Article 17. Procedures for enforcing decision on adoption of electronic monitoring

1. Within 24 hours from the moment in which decision on adoption of electronic monitoring enters into force, commune-level police officers tasked with electronic monitoring have the responsibility to exercise decision on adoption of electronic monitoring and install tracking devices onto monitored persons. Implementation of decision on adoption of electronic monitoring shall be recorded using Form No. 3 under Appendix I attached hereto.

2. Police officers have responsible for arranging implementation of decision on adoption of electronic monitoring must notify monitored individuals or parents, guardians, legal representatives thereof if monitored individuals are 12 years of age to less than 18 years of age pertaining to decision on adoption of electronic monitoring; regulations related to electronic monitoring and request monitored individuals to sign commitment for compliance with electronic monitoring using Form No. 4 under Appendix I attached hereto.

3. Decision on adoption of electronic monitoring shall be sent to monitored individuals and their families; parents, guardians, or legal representatives of monitored individuals who are 12 years of age to less than 18 years of age; commune-level police officers in charge of electronic monitoring and responsible individuals persons shall arrange implementation of decision on adoption of electronic monitoring.

4. Persons who have completed rehabilitation at rehabilitation facilities or reformatories shall comply with decision on electronic monitoring at rehabilitation facilities reformatories. At request of commune-level police authorities that issue decision on adoption of electronic monitoring, public rehabilitation facilities and reformatories and commune-level police authorities of administrative divisions where private rehabilitation facilities are located have the responsibility to comply with decision on adoption of electronic monitoring before persons who have completed rehabilitation leave rehabilitation facilities or reformatories and notify commune-level police authorities that issue decision on adoption of electronic monitoring.

Article 18. Contents and procedures for electronic monitoring

1. Electronic monitoring entails:

a) Wearing electronic monitoring devices;

b) Handling warning of electronic monitoring devices;

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d) Taking actions against violations in electronic monitoring;

dd) Removing and reinstalling electronic monitoring devices (in case of temporary removal); changing position of electronic monitoring devices; temporarily suspending electronic monitoring;

e) Removing electronic monitoring devices where electronically monitored individuals are exempted for the remainder of electronic monitoring period or completed electronic monitoring period;

g) Replacing electronic monitoring devices or accessories in case of malfunctioning electronic monitoring devices or accessories;

h) Managing, retrieving electronic monitoring devices, rectifying technical issues.

2. Procedures for executing actions under Clause 1 of this Article shall conform to regulations of the Ministry of Public Security.

Article 19. Temporary removal, change of installation position, replacement of electronic monitoring devices

1. Electronically monitored individuals may temporarily remove electronic monitoring devices where:

a) Such removal serves medical examination and treatment at request of medical examination and treatment establishments;

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c) Electronically monitored individuals exit Vietnamese territory for 7 days or more;

d) Electronically monitored individuals are in custody or detention.

Individuals under Point a, Point b, and Point c Clause 1 of this Article shall file application for temporary removal of electronic monitoring to commune-level police authorities using Form No. 5 under Appendix I attached hereto.

Commune-level police authorities that implement electronic monitoring shall temporarily remove electronic monitoring devices from individuals under this Clause. Where individuals under Point a of this Clause must receive emergency medical examination and treatment outside of their residence, they may request commune-level police authorities of administrative divisions where they receive medical examination and treatment to temporarily remove electronic monitoring devices. Commune-level police authorities that temporarily remove electronic monitoring devices must inform commune-level police authorities that implement electronic monitoring.

Individuals exercising decision on custody or detention for cases under Point d Clause 1 of this Article shall submit application for temporary removal of electronic monitoring devices to commune-level police authorities that implement electronic monitoring using Form No. 6 under Appendix I attached hereto. Where administrative divisions where decision on custody, detention is exercised are outside of jurisdiction of commune-level police authorities that implement electronic monitoring, for the purpose of operational requirements, authorities that exercise decision on custody and detention may request commune-level police authorities of administrative divisions where decision on custody and detention is exercised to temporarily remove electronic monitoring devices and inform commune-level police authorities of administrative divisions where electronic monitoring is enforced.

Upon completing medical examination and treatment; returning to Vietnam; completing decision on custody and detention then returning to community, electronically monitored individuals must immediately contact commune-level police authorities that remove electronic monitoring devices to re-install electronic monitoring devices and continue to enforce electronic monitoring if decision on adoption of electronic monitoring is still effective.

2. Temporary removal of electronic monitoring devices shall be recorded using Form No. 7 under Appendix I attached hereto.

Re-installation of electronic monitoring devices shall be recorded using Form No. 7 under Appendix I attached hereto.

3. Persons placed under electronic monitoring can file Form No. 5 under Appendix I attached hereto to request commune-level police authorities to change location of electronic monitoring devices if they have been wearing electronic monitoring devices at one position for 1 month or longer or at request of medical examination and treatment establishments. Change of installation position of electronic monitoring devices shall be recorded using Form No. 9 under Appendix I attached hereto.

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Article 20. Temporary suspension, exemption, termination of electronic monitoring

1. Figureheads of commune-level police authorities shall issue decision on temporary suspension of electronic monitoring using Form No. 11 under Appendix I attached hereto where:

a) Electronically monitored individuals must comply with prison sentence;

b) Electronically monitored individuals must comply with decision on admission to compulsory education institutions or reformatories.

2. Implementation of decision on temporary suspension of electronic monitoring shall be recorded using Form No. 12 under Appendix I attached hereto. Where individuals under Point a and Point b Clause 1 of this Article return to their local administrative divisions, they must continue wearing electronic monitoring devices if period of electronic monitoring has not expired. Re-installation of electronic monitoring devices shall be recorded using Form No. 8 under Appendix I attached hereto.

3. Figureheads of commune-level police authorities shall issue decision on exemption from electronic monitoring for the remainder of electronic monitoring period using Form No. 13 under Appendix I attached hereto if:

a) Individuals under Clause 1 Article 15 hereof have complied with decision on adoption of electronic monitoring for at least 1 year without violating regulations on electronic monitoring under Clause 1 Article 24 hereof or violating other regulations of the law;

b) Individuals under Clause 2 Article 15 hereof have complied with decision on adoption of electronic monitoring for at least 6 months without violating regulations on electronic monitoring under Clause 1 Article 24 hereof or violating other regulations of the law.

Implementation of decision on exemption of electronic monitoring for the remainder period of decision on adoption of electronic monitoring shall be recorded in writing using Form No. 14 under Appendix I attached hereto.

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a) Electronic monitoring period according to decision on adoption of electronic monitoring expires;

b) Electronically monitored individuals attend rehabilitation at rehabilitation facilities or reformatories;

c) Electronically monitored individuals no longer attend community-based or family-based voluntary rehabilitation; substitution therapy or post-rehabilitation management;

d) Electronically monitored individuals are deceased or declared missing by the court.

Implementation of decision on termination of electronic monitoring shall be recorded using Form No. 16 under Appendix I attached hereto.

5. Decision on temporary suspension, exemption, termination of electronic monitoring shall be sent to electronically monitored individuals and their families; parents, guardians, or legal representatives of people at 12 years of age to less than 18 years of age; commune-level police officers tasked with electronic monitoring tasks.

6. Commune-level police authorities shall contact electronically monitored individuals in order to declare decision, carry out decision, and file record of decision implementation for cases detailed under Clause 1, Clause 3, and Article 4 of this Article.

7. Figureheads of commune-level police authorities may authorize deputies of commune-level police authorities to exercise powers under Clause 1, Clause 3, and Clause 4 of this Article.

Article 21. Handling cases where electronically monitored individuals are absent or change their residence

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2. Where electronically monitored individuals change their residence, commune-level police authorities of administrative divisions where the electronically monitored individuals move away shall transfer electronic monitoring task to commune-level police authorities of administrative divisions where the electronically monitored individuals move to within 24 hours from the moment in which the electronically monitored individuals finalize procedures for change of residence as per the law. Figureheads of commune-level police authorities of administrative divisions where the electronically monitored individuals move to shall assign cadres in charge of and tasked with electronic monitoring according to decision on adoption of electronic monitoring issued by figureheads of commune-level police authorities of administrative divisions where the wearers of electronic monitoring devices move away using Form No. 17 under Appendix I attached hereto.

Article 22. Responsibilities of agencies and organizations in electronic monitoring

1. The Ministry of Public Security has the responsibility to manage, operate, and monitor operation of electronic monitoring system on a nationwide scale.

2. Provincial police authorities have the responsibility to manage, monitor operation of electronic monitoring system on a provincial level.

3. Commune-level police authorities have the responsibility to manage and use electronic monitoring devices on commune-level basis; issue decision and implement electronic monitoring for individuals currently attending community-based or family-based voluntary rehabilitation; people placed under post-rehabilitation management in their jurisdiction.

4. Rehabilitation facilities and reformatories have the responsibility to arrange implementation of decision on adoption of electronic monitoring using Clause 4 Article 17 hereof.

5. Agencies and organizations exercise security control shall not require electronically monitored individuals to remove the devices if such devices do affect security and safety.

Article 23. Rights and obligations of electronically monitored individuals

1. Electronically monitored individuals have the right to:

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b) be advised and instructed pertaining to functionalities, effect, and usage of electronic monitoring devices;

c) request commune-level police authorities to temporarily remove or relocate electronic monitoring devices in accordance with Clause 1 and Clause 3 Article 19 hereof.

2. Electronically monitored individuals have the obligation to:

a) comply with decision on adoption of electronic monitoring issued by competent authorities;

b) undertake to comply with regulations on electronic monitoring;

c) report to commune-level police authorities within 24 hours from the moment in which they learn that electronic monitoring devices or accessories thereof malfunctioning or missing;

d) compensate for physical damage sustained by equipment or accessories where the electronically monitored individuals are at fault.

Article 24. Violations of regulations on electronic monitoring

1. Violations of regulations on electronic monitoring include:

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b) Failing to wear electronic monitoring devices;

c) Removing electronic monitoring devices without permission;

d) Failing to replace batteries of electronic monitoring devices within 24 hours without justifiable reasons;

dd) Failing to be present at commune-level police authorities within 24 hours from the moment in which period of temporary removal of electronic monitoring devices or temporary suspension of electronic monitoring expires in order to wear electronic monitoring devices.

2. Where electronic monitoring devices are not functioning properly due to force majeure or other objective causes or technical issues and electronically monitored individuals have informed commune-level police authorities within 24 hours from the moment in which force majeure and objective cause end, electronically monitored individuals shall not be considered to have violated regulations on electronic monitoring.

Article 25. Penalties for violations in electronic monitoring

1. Commune-level police authorities shall file notice of offences using Form No. 18 under Appendix I attached hereto for violations under Clause 1 Article 24 hereof in order to facilitate penalties.

2. Where violations under Point a Clause 1 Article 24 hereof do not qualify for criminal penalties, penalties shall conform to Clause 2 Article 47 of the Law on Prevention and Control of Narcotic Substances.

3. Violations under Point b, Point c Clause 1 Article 24 hereof shall be met with notice of offense and reprimand in case of first-time offense. Failure to rectify within 24 hours from the moment in which offenders receive notice of offense or repeated violation shall be met with record of failure to comply with electronic monitoring and handled in accordance with Clause 2 Article 47 of the Law on Prevention and Control of Narcotic Substances.

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5. Failure of individuals placed under post-rehabilitation management to comply with electronic monitoring shall be met with penalties for resisting or obstructing post-rehabilitation management according to regulations on administrative penalties.

6. Where individuals receiving substitution therapy and at 18 years of age or older violate regulations on electronic monitoring under Clause 1 Article 24 hereof, figureheads of commune-level police authorities shall issue new decision on electronic monitoring which supersedes currently effective decision and prescribes duration of electronic monitoring of 2 years from the issuing date.

7. Individuals who commit violations under Point a and Point c Clause 1 Article 24, in addition to penalties under Clause 2 and Clause 3 of this Article, also have the obligation to compensate for damage that electronic monitoring devices and accessories sustain.

Article 26. Prerequisites for electronic monitoring

The Government shall provide prerequisites for electronic monitoring which include:

1. Funding for preparing electronic monitoring system and devices.

2. Funding for maintenance, operation, and repair of electronic monitoring system and devices.

Chapter IV

CONTROL OF LEGAL ACTIVITIES RELATED TO NARCOTIC SUBSTANCES

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1. The Ministry of Public Security shall license agencies and organizations to:

a) study narcotic substances and precursors under lists of narcotic substances and precursors prescribed by the Government (except those used in medical, agricultural, environmental sectors within jurisdiction of the Ministry of Health, the Ministry of Agriculture and Environment; precursors used in industrial sectors and national defense within jurisdiction of the Ministry of Industry and Trade, Ministry of National Defense);

b) produce, import, export narcotic substances and precursors under lists of narcotic substances and precursors prescribed by the Government (except those used in medical, agricultural, environmental sectors within jurisdiction of the Ministry of Health, the Ministry of Agriculture and Environment; precursors used in industrial sectors and national defense within jurisdiction of the Ministry of Industry and Trade, Ministry of National Defense);

c) transport narcotic substances and precursors under of narcotic substances and precursors prescribed by the Government;

d) transit narcotic substances, precursors, additive drugs, psychotropic drugs, precursor drugs, medicine ingredients that are additive active ingredients, psychotropic active ingredients, precursors used for production of medicines; veterinary drugs and veterinary drug ingredients, husbandry feed, fishery feed containing narcotic substances and precursors via Vietnamese territory;

dd) conduct other legal activities related to narcotic drugs for national defense and security.

2. The Ministry of Agriculture and Environment or provincial People's Committees shall license organizations and individuals to:

a) study, inspect, produce, transport, preserve, storage, trade, distribute, use, process, exchange veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, ingredients of husbandry feed, fisheries feed containing precursors;

b) import, export veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; husbandry feed, fisheries feed and ingredients of husbandry feed, fisheries feed containing precursors.

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a) study, inspect, produce, transport, preserve, store, trade, distribute, use, process, exchange industrial precursors;

b) import, export industrial precursors;

c) temporarily import, re-export, temporarily export, re-export narcotic substances and precursors under lists of narcotic substances prescribed by the Government; additive drugs, psychotropic drugs, precursors; medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines; veterinary drugs, veterinary drug precursors containing narcotic substances, precursors; ingredients of husbandry feed, fisheries feed containing precursors.

4. The Ministry of Health or provincial People’s Committees shall license agencies, organizations, and individuals to:

a) study, inspect, produce, transport, preserve, store, trade, distribute, use, process, exchange addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines;

b) import, export addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, and precursors used for production of medicines;

c) import reference materials under lists of addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines for drug research and inspection.

5. The Ministry of National Defense shall license designated entities to import, export, transport, preserve, store, trade, distribute, use, process precursors under lists of precursors prescribed by the Government (except for precursors within jurisdiction of the Ministry of Public Security) for use in national defense. Requirements and standards of the aforementioned activities shall conform to applicable regulations in national defense in order to satisfy specific, urgent demands of national defense.

6. The Ministry of Public Security has the responsibility to perform governance in criminal technique inspection, direct affiliated authorities to arrange implementation of procedures for inspecting narcotic substances and precursors in accordance with the Law on Judicial Assessment, Criminal Code, relevant legislative documents, and Section 3 Chapter IV hereof.

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Article 28. Control of research of narcotic substances and precursors

1. Application for license to research narcotic substances and precursors:

a) Application for license to research using Form No. 1 under Appendix II attached hereto;

b) Copies of certificate of registration for science and technology operation of researching body or documents proving juridical person status of organization;

c) Certified true copies of research plans (or meeting results of advisory council or documents on direct assignment of science and technology tasks) approved by competent authorities;

d) Other documents: lists, tasks individuals participating in research and science background (if any); documents proving legitimacy of narcotic substances and precursors (name, address of providing narcotic substances and precursors); chemical safety measures and storage conditions of narcotic substances, precursors; solutions for dealing with residual narcotic substances and precursors in research.

2. Procedures for licensing narcotic substance and precursor research

a) Where science and technology organizations that are established in accordance with the Law on Science and Technology and Innovation develop narcotic substance and precursor research plans (or meeting results of advisory council or documents on direct assignment of science and technology tasks) approved by competent authorities according to Point a Clause 1 Article 27 hereof, the organizations shall prepare and submit application under Clause 1 of this Article to the Ministry of Public Security (Counter-Narcotics Police Department) in person or via post service or online;

b) Where application is inadequate, competent licensing authorities shall request the applicants in writing to amend the application within 5 working days from the date on which they receive the application. Where applicants fail to adequately amend the application within the time limit, competent licensing authorities shall issue written rejection and provide justification;

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3. Decision on licensing of narcotic substance and precursor research uses Form No. 2 under Appendix II attached hereto. Duration of research license shall be determined by application for research license to a maximum of 2 years and can be extended once for up to 1 year.

4. Application and procedures for amendment, re-issuance of decision on licensing of narcotic substance and precursor research

a) Where decision on licensing is lost or incorrect or damaged or organization information changes, organizations shall file application for amendment, re-issuance of decision on licensing to the Ministry of Public Security in person, via post service, or online;

b) Application for amendment, re-issuance of decision consists of: Written application for amendment, re-issuance of decision on research license, which includes details and reasons for amendment, re-issuance; documents verifying amendment details;

c) Within 5 working days from the date on which competent authorities receive adequate application, competent licensing authorities shall examine and re-issue decision on licensing. In case of rejection, competent licensing authorities shall respond in writing and provide justification;

d) Effective period of re-issued decision shall match remaining effective period of previous decision;

dd) In case of changes pertaining to location, scale, type, procedures for production of narcotic substances and precursors, organizations shall file application to competent licensing authorities. The application consists of: requesting official dispatch, documents proving the changes. Licensing authorities shall inspect amendment details and conduct physical assessment at organizations and re-issue certificate in accordance with procedures for new certificate issuance.

5. Application and procedures for renewal of decision on licensing of narcotic substance and precursor research;

a) Licensing decision shall be eligible for renewal if research plan is not completed within the original effective period of the decision;

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c) Application for renewal consists of: Written application which includes reasons and proposed renewal duration; reports on research situation and results that has been completed as of the date on which application for renewal is submitted;

d) Within 5 working days from the date on which competent authorities receive adequate application, competent licensing authorities shall examine and renew licensing decision. Where renewal application is rejected, competent licensing authorities shall respond in writing and provide justification;

dd) Changes to research purpose, type of substances, contents, quantities, safety measures, or storage conditions of narcotic substances or precursors, or plans for handling residual narcotic substances or precursors shall not be eligible for renewal.

6. Decision on research licensing shall be revoked if:

a) Organizations fail to comply with scope of work that they are licensed to;

b) Organizations terminate research operation and send request for revocation to licensing authorities;

c) Certificate of business registration or other equivalent documents are revoked or organizations are dissolved or go bankrupt as per the law;

d) Application for issuance, re-issuance, amendment, renewal contains fabricated information or falsified documents;

dd) Research licensing decision is issued in a manner that does not respect issuance authority, recipient, or contains details that contradict the law;

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g) Violations of regulations on counter-narcotics, chemical management, environmental protection, and other relevant regulations are committed.

7. Procedures for revoking decision on research licensing

a) Within 10 working days from the date on which the Ministry of Public Security receives request for revocation of decision on research license or investigation, inspection conclusion that recommends revocation of research license decision or discovers violations under Clause 6 of this Article, the Ministry of Public Security shall consider and revoke decision on research licensing;

b) Within 5 working days from the date on which organizations receive decision on revocation, organizations shall relinquish and return original copies of decision on research licensing to the Ministry of Public Security;

c) Decision on revocation shall be send to organizations of which decision on research license is revoked, provincial People’s Committees, provincial police authorities of administrative divisions where narcotic substance research and storage is implemented within 3 working days;

d) Upon receiving decision on revocation of decision on research licensing, receiving organizations must immediate stop research operation; if damage is done to other organizations or individuals or the environment, receiving organizations must compensate as per the law.

8. Research of narcotic substances and precursors under this Article must be monitored, examined, and closely supervised from the date on which research licensing decision is issued to the date on which research operation completes.

a) Organizations licensed to conduct research must adequately comply with decision on research licensing and immediately file reports on research results, quantities of narcotic substances and precursors produced and used; residual narcotic substances and precursors, handling solutions, handling results to competent licensing authorities after completing research;

b) Within 3 working days from the date on which competent licensing authorities issue license, competent licensing authorities have the responsibility to send decision on licensing of narcotic substance and precursor research to provincial police authorities and provincial People’s Committees of administrative divisions where research operation is conducted for cooperation in monitoring, examining, and supervising;

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Article 29. Control of production of narcotic substances and precursors

1. General conditions pertaining to production of narcotic substances and precursors:

a) Workshops/laboratories and equipment must satisfy standards and comply with production scale, procedures;

b) Location of storage units/storage areas, preservation areas of narcotic substances and precursors shall be so determined to satisfy chemical safety, security, fire safety, and loss prevention requirements;

c) Emergency response equipment and instruments appropriate to hazards and storage quantities of chemicals at facilities are provided;

d) Technical documents based on principles, standards, technical regulations appropriate to narcotic substance and precursor production, storage nature, scale, and technology;

dd) Individuals in charge of professional matters and individuals directly engaged in production must be in possession of appropriate certificate in chemistry, pharmaceutical majors.

2. Application for license to produce narcotic substances and precursors

a) Written application for license to produce narcotic substances and precursors using Form No. 3 under Appendix II attached hereto;

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c) Documents on facilities: general layout drawings/images of workshops, storage facilities, production equipment;

d) Specialized and technical documents: Presentation of production procedures for narcotic substances and precursors; plans for controlling and preventing losses of chemicals;

dd) Certified true copies of certificate, degrees of individuals in charge of professional matters and individuals directly engaged in production.

3. Procedures for issuing license to produce narcotic substances and precursors

a) Organizations designated or licensed by competent authorities to produce narcotic substances and precursors under Point b Clause 1 Article 27 hereof shall prepare and file application for licensing under Clause 2 of this Article to the Ministry of Public Security in person or via post service or online (Counter-Narcotics Police Department);

b) Where application is inadequate, competent licensing authorities shall request the applicants in writing to amend the application within 5 working days from the date on which they receive the application. Where applicants fail to adequately amend the application within the time limit, competent licensing authorities shall issue written rejection and provide justification;

c) Within 30 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall inspect application, conduct physical assessment at organizations (if needed), and issue license to produce narcotic substances and precursors;

d) On a case-by-case basis, competent licensing authorities that assess scale, quantities, purpose of production; type of narcotic substances and precursors produced in order to finalize documents and eligibility for licensing for organizations engaged in production shall be required to comply with legislative documents on drugs requiring special control and/or chemicals requiring special control. Licensing authorities shall cooperate with authorities affiliated to the Ministry of Industry and Trade and the Ministry of Health in inspecting application and, when necessary, conduct physical assessment at applicants before issuing license to produce.

4. License to produce narcotic substances and precursors uses Form No. 4 under Appendix II attached hereto. Duration of licensed production shall be determined according to application for production licensing to a maximum of 2 years and can be extended once for up to 1 year. Within 3 working days from the date on which license is issued, competent licensing authorities have the responsibility to send license to produce narcotic substances and precursors to provincial police authorities and provincial People’s Committees of administrative divisions where production activities take place for cooperation in monitoring, inspection, and supervision.

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6. Production of narcotic substances and precursors must be closely examined and supervised from licensing phase to product completion phase:

a) Organizations engaged in production must comply with issued license and stay under monitoring, inspection, supervision of competent authorities;

b) Provincial police authorities and provincial People’s Committees of administrative divisions where production activities take place shall cooperate in monitoring, examining, and supervising production activities as per the law;

c) Upon discovering violations, agencies, organizations, and individuals shall immediately inform police authorities of local administrative divisions where the violations are discovered and competent licensing authorities for cooperation in prevention and action as per the law.

7. Production of industrial precursors shall conform to regulations on chemicals requiring special control.

8. Production of addictive drugs, psychotropic drugs, precursor drugs; medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines shall conform to regulations on drugs, medicinal ingredients requiring special control.

Article 30 Control of production of veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, and husbandry feed, fisheries feed ingredients containing precursors

1. Application and procedures for licensing production of veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, and husbandry feed, fisheries feed ingredients containing precursors

a) Organizations and individuals engaged in production of veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, and husbandry feed, fisheries feed ingredients containing precursors under Point a Clause 2 Article 27 hereof shall send application to provincial People's Committees in person or via post service or online;

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c) Where production of veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, and husbandry feed, fisheries feed ingredients containing precursors takes place on the same production line that has been certified for eligibility to produce veterinary drugs, husbandry feed, and fisheries feed, organizations and individuals shall submit application consisting of: Written application of organizations and individuals and copies of issued certificate of production eligibility; lists of narcotic substances and precursors used in production of veterinary drugs, husbandry feed, fisheries feed and written presentation pertaining to production process to competent licensing authorities in person or via post service or online;

d) Within 5 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall inspect and issue certificate of production eligibility to production line of veterinary drugs, husbandry feed, fisheries feed containing narcotic substances and precursors; in case of rejection, competent licensing authorities shall respond in writing and provide justification.

2. Procedures for amendment and re-issuance of certificate of production eligibility of veterinary drugs, husbandry feed, and fisheries feed containing narcotic substances and precursors:

a) Where certificate is lost or damaged or contains errors or information of organizations changes, organizations shall file application for amendment and re-issuance of certificate to competent licensing authorities in person or via post service or online;

b) Application for amendment, re-issuance of certificate consists of: Written application for amendment, re-issuance of certificate which includes amendment details and reasons; documents verifying the changes;

c) Within 5 working days from the date on which competent authorities receive adequate application, competent authorities shall inspect and re-issue certificate;

d) In case of changes pertaining to location, scale, type, procedures for production of products containing narcotic substances and precursors, organizations shall file application to competent licensing authorities. The application consists of: requesting official dispatch, documents proving the changes. Licensing authorities shall inspect amendment details and conduct physical assessment at organizations and re-issue certificate in accordance with procedures for new certificate issuance.

3. Production of veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, and husbandry feed, fisheries feed ingredients containing precursors must be closely monitored and supervised in accordance with Clause 6 Article 29 hereof.

Article 31. Control of transportation of narcotic substances and precursors

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a) Entities shall submit application for license to transport narcotic substances and precursors which contains: name and address of organizations delivering and receiving narcotic substances; purposes of transportation; name, CAS number, code of goods, quantity, content of narcotic substances; time, itinerary, and means of transport;

b) Copies of documents proving juridical person status of organizations applying for license and organizations providing transportation;

c) Certified true copies of transport contracts between organizations applying for transport license and organizations providing transportation;

d) Certified true copies of license to export, import, temporarily import, re-export, temporarily export, re-import narcotic substances (when transporting from storage facilities to border checkpoints or vice versa for customs procedures) or legitimate documents proving lawful origin of narcotic substances and precursors to be transported.

2. Procedures for licensing transportation of narcotic substances and precursors

a) Organizations seeking transportation of narcotic substances and precursors according to Point c Clause 1 Article 27 hereof shall prepare and file application for licensing according to Clause 1 of this Article to the Ministry of Public Security (Counter-Narcotics Police Department) in person or via post service or online;

b) Where application is inadequate, competent licensing authorities shall request the applicants in writing to amend the application within 3 working days from the date on which they receive the application. Where applicants fail to adequately amend the application within the time limit, competent licensing authorities shall issue written rejection and provide justification;

c) Within 5 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall inspect and issue transport license.

3. The license shall include information pertaining to name, address of transporting and receiving organizations; purposes of transport; name, CAS number, goods code, quantity, contents of narcotic substances; time, itinerary, and means of transport.

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4. Procedures for renewal and re-issuance of license to transport narcotic substances

a) Organizations shall send application for renewal to licensing authorities at least 3 working days before the license expires. The application contains reasons and requested renewal period;

b) Where license is lost or changes pertaining to time, itinerary, means of transport occur, organizations shall send application for re-issuance of license and previous license to competent licensing authorities;

c) Within 3 working days from the date on which competent licensing authorities receive application, competent licensing authorities shall review and renew or re-issue license to transport.

5. Transportation of narcotic substances shall conform to the license. Delivery and receipt of narcotic substances must be recorded in writing by organizations seeking transportation and organization providing transportation. Delivery record shall contain name, address of organizations delivering and receiving narcotic substances; name of individuals delivering and receiving, personal identification documents; name, CAS number, goods code, quantity, content of narcotic substances; time and location of delivery and commitment pertaining to adequate delivery of delivering and receiving individuals.

6. Narcotic substance transportation under this Article must be closely monitored, examined, supervised from licensing phase to completion phase of the delivery:

a) Organizations seeking transportation and organizations providing transportation shall be responsible for quantity, quality, measures for safety and preventing losses during transportation and shall stay under monitoring, inspection, and supervision of competent regulatory authorities;

b) Within 3 working days from the date on which competent licensing authorities issue license, competent licensing authorities have the responsibility to send license to organizations seeking transportation, organizations providing transportation, customs forces, Border Guard, Coast Guard, provincial police authorities based on itinerary specified on the license for monitoring and supervision.

c) Provincial police authorities, Border Guard, Coast Guard forces of which jurisdiction is located along transportation itinerary shall assign forces and vehicles to closely monitor, examine, supervise in order to ensure that transportation process adheres to route and other details in the license. Upon discovering signs of violations, authorities that discover the violations shall immediately notify licensing authorities and cooperate in prevention and actions as per the law.

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8. Delivery and transportation of addictive drugs, psychotropic drugs, precursor drugs; medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines shall conform to regulations on drugs, medicinal ingredients requiring special control.

9. Delivery and transportation of veterinary drugs and veterinary drug ingredients containing narcotic substances, precursors; husbandry feed, fisheries feed, and husbandry feed, fishery feed ingredients containing precursors shall conform to regulations on veterinary drugs containing narcotic substances, precursors; husbandry feed and fisheries feed containing precursors.

Section 2. CONTROL OF EXPORT, IMPORT, TEMPORARY IMPORT, RE-EXPORT, TEMPORARY EXPORT, RE-IMPORT, TRANSIT IN VIETNAMESE TERRITORY OF NARCOTIC SUBSTANCES AND PRECURSORS

Article 32. Import and export of narcotic substances and precursors

1. Application for license to import and export

a) Written application for import and export using Form No. 5 under Appendix II attached hereto;

b) Copies of documents proving juridical person status of applicant;

c) Documents presenting import purposes (use in production, research, inspection, or other lawful purposes) together with detailed use plan;

d) Certified true copies of import license of importing countries in case of application for import license;

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e) Report on export, purchase, use, storage of narcotic substances and precursors according to previously issued license;

Where the aforementioned documents are in foreign languages, notarized Vietnamese translation must be provided (if needed).

2. Procedures for issuing license to import, export

a) Organizations engaged in import and export of narcotic substances according to Point b Clause 1 Article 27 hereof shall file application under Clause 1 of this Article to the Ministry of Public Security (Counter-Narcotics Police Department) in person or via post service or online;

b) Where application is inadequate, competent licensing authorities shall request the applicants in writing to amend the application within 3 working days from the date on which they receive the application. Where applicants fail to adequately amend the application within the time limit, competent licensing authorities shall issue written rejection and provide justification;

c) Within 5 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall inspect the application and issue license to import, export;

d) Where prior notice is required according to Point b Clause 2 Article 53 hereof, within 12 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall inspect the application and issue license to export after obtaining approval of competent authorities of importing countries. Where competent authorities of importing countries do not grant approval, licensing authorities shall reject the application, issue written respond, and provide justification;

dd) License to import, export complies with Form No. 6 under Appendix II attached hereto, is issued for each import and export, is effective for at most 12 months, and can be renewed once for at most 6 months.

3. Application and procedures for amendment, re-issuance of license to import, export narcotic substances and precursors

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b) Application for amendment, re-issuance of license consists of: Written application which contains details and reasons for amendment, re-issuance; documents verifying details of amendment;

c) Within 5 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall examine and re-issue the license. In case of rejection, competent authorities shall respond in writing and provide justification;

d) Effective period of re-issued license shall match the remaining effective period of pervious license.

4. Application and procedures for renewal of license to import, export narcotic substances and precursors

a) License is eligible for renewal where import, export process has not been completed before expiry of the license to export, import;

b) Applicants shall submit application for renewal of license to competent licensing authorities at least 3 working days before the license expires in person or via post service or online;

c) Application for renewal consists of: Written application for renewal which states reason and period of renewal; Report on situation and results of export, import that have been completed as of the date on which application for renewal is submitted;

d) Within 5 working days from the date on which competent licensing authorities receive adequate application, competent licensing authorities shall examine and renew the license. Where renewal application is rejected, competent licensing authorities shall respond in writing and provide justification.

Article 33. Import, export of veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; husbandry feed, fisheries feed containing precursors and ingredients of husbandry feed, fisheries feed containing precursors

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a) Documents under Point a, Point b, Point d, and Point dd Clause 1 Article 32 hereof;

b) Certificate of eligibility to import veterinary drugs in case of veterinary drugs containing narcotic substances and certificate of marketing authorization for veterinary drugs in Vietnam unless import serves research, inspection purposes, or is used as treatment for wild, rare animals accompanied by documents presenting import purposes;

c) Certificate of analysis (CoA) of manufacturers or notice of product inspection results;

d) Other documents according to regulations on management of import, export of veterinary drugs, husbandry feed, fisheries feed (if any).

2. Procedures for issuing license to import, export:

a) Organizations and individuals engaged in import, export of veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; husbandry feed, fisheries feed and ingredients of husbandry feed, fisheries feed containing precursors in form of simple substances (single ingredients) under Point b Clause 2 Article 27 hereof shall file application under Clause 1 of this Article to provincial People's Committees in person or via post service or online;

b) Procedures for issuance of license to import, export shall conform to Point b, Point c, Point d, and Point dd Clause 2 Article 32 hereof.

3. Application and procedures for amendment, re-issuance, renewal of import, export of veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; ingredients of husbandry feed, fisheries feed containing precursors shall conform to Clause 3 and Clause 4 Article 32 hereof.

4. Import and export of husbandry feed, fisheries feed and ingredients of husbandry feed, fisheries feed containing precursors in form of compounds shall conform to regulations on management of husbandry feed and fisheries feed containing precursors.

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1. Reference materials under list of addictive active ingredients, psychotropic active ingredients, and precursors used for production of medicines shall be eligible for import license if they are used for inspection, research of drugs and medicinal ingredients at the pharmaceutical-trading establishment, established engaged in pharmaceutical activities for non-commercial purposes according to pharmaceutical laws.

2. Application for license to import reference materials consists of:

a) Documents under Point a, Point b, and Point c Clause 1 Article 32 hereof;

b) Certificate of eligibility to engage in pharmaceutical-trading business or legal documents depicting establishment’s eligibility to engage in pharmaceutical activities for non-commercial purposes.

3. Procedures for issuing license to import reference materials:

a) Organizations and individuals engaged in activities under Point c Clause 4 Article 27 hereof shall file application under Clause 2 of this Article in person or via post service or online to the Ministry of Health (Drug Administration of Vietnam);

b) Within 15 days from the date on which adequate competent licensing authorities receive adequate application for license to import as per the law, competent licensing authorities shall issue license to import or issue notice of rejection and provide justification;

c) License to import and export uses Form No. 7A and Form No. 7B under Appendix II attached hereto, is issued for each import and export, and is effective for at most 12 months.

Article 35. Import, export of industrial precursors and addictive drugs, psychotropic drugs, precursor drugs; medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines

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2. Application and procedures for licensing import and export of addictive drugs, psychotropic drugs, precursor drugs; medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines under Point b Clause 4 Article 27 hereof shall conform to regulations on drugs and medicinal ingredients requiring special control.

3. In respect of export of industrial precursors (in simple and complex form) and precursor drugs, precursors used for production of drugs (as ingredients and preparations) before license to export is issued, competent licensing authorities shall cooperate with the Ministry of Public Security in making prior notice in accordance with Point b Clause 2 Article 53 hereof.

Article 36. Temporary import, re-export, temporary export, re-import of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines; veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; ingredients of husbandry feed, fisheries feed containing precursors in form of simple substances (single ingredients)

1. Enterprises engaged in activities under Point c Clause 3 Article 27 hereof shall file application for license according to foreign trade management laws to provincial People’s Committees in person or via post service or online.

2. Licensing authorities shall receive and inspect application, cooperate with the Ministry of Public Security in performing prior notice according to Point d Clause 2 Article 53 hereof and issue license to temporarily import, re-export, temporarily export, re-import in accordance with foreign trade management laws.

Article 37. Transit in Vietnamese territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines; veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; ingredients of husbandry feed, fisheries feed containing precursors in form of simple substances (single ingredients)

1. Application for license to transit:

a) Application for license to transit of enterprises consists of information pertaining to name, address of enterprises; time, location, and reasons for transit; name, address of production facilities, name, CAS number, goods code, quantity, content of narcotic substances and precursors in transit; goods value; vehicles, itinerary, and prerequisites for transport safety;

b) Original copies of transport contracts; Copies of business registration in delivery and transportation sector of transport service providers;

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d) Original copies of license to transit of countries which exported or imported goods have gone through prior to Vietnam (if goods transit in multiple countries).

Where the aforementioned documents are in foreign languages, notarized Vietnamese translation must be provided.

2. Procedures for issuing license to transit in Vietnamese territory

a) Enterprises engaged in operations under Point d Clause 1 Article 27 hereof shall file application for license in accordance with Clause 2 of this Article to the Ministry of Public Security (Counter-Narcotics Police Department) in person or via post service or online;

b) Within 5 working days from the date on which licensing authorities receive adequate application as per the law, licensing authorities shall inspect application and issue license to transit. Where application is rejected, licensing authorities shall respond in writing and provide justification.

3. License to transit

a) License must contain name, address of enterprises allowed to transit; name, CAS number, goods code, UN number (if any), quantity, content of substances allowed to transit; time and vehicles involved in transit; name of border checkpoints which goods in transit travel through;

b) License to transit is for single-use only within the effective period on the license which does not exceed 2 months. Where license to transit expires before transit finishes, enterprises may apply for extension of transit period. Each license can be extended once for at most 30 days;

c) Where license is incorrect or lost and must be amended or re-issued, enterprises shall submit application and documents proving amendment details or reports presenting causes for lost license to licensing authorities. Within 5 working days from the date on which licensing authorities receive adequate application, licensing authorities shall consider and amend or re-issue the license. In case of rejection, licensing authorities shall respond in writing and provide justification.

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5. Management principles and duration of transit of narcotic substances, precursors; addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of medicines, and veterinary drugs containing narcotic substances and precursors; ingredients of husbandry feed, fisheries feed containing precursors in Vietnamese territory shall conform to this Decree and foreign trade management laws.

Article 38. Control of export, import, temporary import, re-export; temporary export, re-import, transit in Vietnamese territory

1. Within 3 working days from the date on which license is issued, competent licensing authorities have the responsibility to send license to export, import; temporarily import, re-export; temporarily export, re-import to Customs Sub-departments where customs procedures are followed through, the Ministry of Finance (Department of Vietnam Customs), and the Ministry of Public Security (Counter-Narcotics Police Department) for monitoring, examination, and implementation of prior notice according to Point a Clause 2 Article 53 hereof. License to transit shall be sent to provincial police authorities, customs entities, Border Guard, Coast Guard of administrative divisions where transit goods go through, and the Ministry of Finance (Department of Vietnam Customs) for cooperation in monitoring, examination, and supervision.

2. Customs forces have the responsibility to follow through with procedures and manage, supervise according to customs laws. Where imported goods; exported goods; temporarily imported and re-exported goods; temporarily exported and re-imported goods; or goods in transit in Vietnamese territory do not match issued license, customs authorities shall temporarily suspend customs procedures, file records, and take actions within their powers; within 3 working days from the date on which violations are discovered, customs authorities have the responsibility to inform competent licensing authorities and the Ministry of Public Security via hotline for cooperation in management and control.

3. In respect of violations of regulations on import and export, figureheads of licensing authorities and directors of Customs Sub-departments where customs procedures are followed through shall, depending on nature and severity of the violations, revoke issued license, temporarily suspend import and export, take actions within their powers or request competent authorities to take actions as per the law.

4. Provincial police authorities, Border Guard, Coast Guard governing administrative divisions on transport route of approved transit operation must assign forces and vehicles to closely control, ensure that transportation process complies with transport route and contents of license. Where transported goods are significant in quantities or when necessary, licensing entities may request local police forces, Border Guard, Coast Guard to cooperate with customs forces in escorting transit goods out of Vietnamese territory. Where authorities discover signs of violations while enterprises are following through with transit procedures, authorities shall immediately notify customs authorities to cooperate in preventing and taking actions as per the law.

5. Where individuals entering or leaving Vietnam carry addictive drugs, psychotropic drugs, or precursor drugs on person for personal medical treatment, such action must conform to regulations on import and export of drugs requiring special control for non-commercial purposes. Individuals entering or leaving Vietnam have the responsibility to declare and explain quantities of drugs used to Vietnamese customs authorities; the obligation to strictly comply with safety measures to prevent improper use or unlawful transport of these drugs and stay under control of Vietnamese authorities.

Section 3. CONTROL OF LEGAL ACTIVITIES RELATED TO NARCOTIC SUBSTANCES FOR NATIONAL DEFENSE AND SECURITY

Article 39. Competent authorities entitled to granting permission and entities allowed to conduct legal activities related to narcotic substances for national defense and security

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2. The Ministry of Public Security shall grant permission to entities to conduct legal activities related to narcotic substances according to Clause 1 of this Article for all narcotic substances and precursors under lists of narcotic substances and precursors of the Government.

3. Entities allowed to manage and use narcotic substances, precursors, narcotic substance samples include:

a) Professional entities affiliated to Institute of Criminal Science, the Ministry of Public Security; Department of Criminal Technique of commune-level police authorities; Department of Criminal Technique Evaluation, the Ministry of National Defense shall receive, manage, and use narcotic substance samples provided by Institute of Criminal Science;

b) Drug-related crime preventing authorities; training facilities individuals engaged in drug-related crime prevention and combat affiliated to police, Border Guard, Coast Guard, customs forces shall receive, manage, and use narcotic substance samples provided by the Institute of Criminal Science to train drug-related crime prevention and combat operation;

c) Entities training military animal for drug detection and affiliated to police, Border Guard, Coast Guard, customs forces shall receive, manage, and use narcotic substance samples provided by the Institute of Criminal Science to train military animals;

d) Entities engaged in science and technology operations and affiliated to the Ministry of Public Security shall manage and use narcotic substances and precursors in service of international cooperation, research, guidance of procedures, and technology transfer.

4. Narcotic substance sample refers to a quantity or a unit of a narcotic substance used for national defense and security and includes:

a) A sample collected from evidence of drug-related criminal case to solicit assessment and traceability;

a) A sample of narcotic reference materials for assessment and research;

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Article 40. Research of narcotic substances and precursors for national defense and security

1. Counter-Narcotics Police Department, the Ministry of Public Security is responsible for receiving, inspecting application, and grant permission to research narcotic substances and precursors for national defense and security.

2. Public Security Department of Science, Strategy, and History, the Ministry of Public Security is responsible for receiving application, selecting or directly assigning science and technology tasks in people’s public security related to research of narcotic substances and precursors for national defense and security within their functions and duties.

3. Institute of Criminal Science, Security Industry Department, and Department of Criminal Technique of commune-level police authorities shall be entities tasked with researching narcotic substances and precursors for national defense and security.

4. Application for license to research narcotic substances and precursors for national defense and security

a) Written application for license to research narcotic substances and precursors of entities registering and presiding science and technology tasks using Form No. 1 under Appendix II attached hereto;

b) Written notice of meeting results of council for selection or direct assignment of science and technology tasks in people’s public security of the Public Security Department of Science, Strategy, and History;

c) Registration for selection or direct assignment of science and technology tasks in people’s public security;

d) Science background of individuals registering for task execution and summary of science and technology activities of entities registering and presiding science and technology tasks in people’s public security.

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a) On the basis of written notice of meeting results of council for selection or direct assignment of science and technology tasks in people’s public security of the Public Security Department of Science, Strategy, and History, entities registering and presiding science and technology tasks shall file application for research license to Counter-Narcotics Police Department;

b) Regulation under Point b, Point c Clause 2 and Clause 3 Article 28 hereof.

6. Application and procedures for amending, re-issuing, renewing, revoking decision on license to produce narcotic substances and precursors shall conform to Clause 4, Clause 5, Clause 6, and Clause 7 Article 28 hereof.

7. Document forms used in research of narcotic substances and precursors for national defense and security

a) Logbook on research activities related to narcotic substances and precursors (mixing, processing) using Form No. 8 under Appendix II attached hereto;

b) Notice of storage entry/withdrawal of narcotic substances, precursors, and narcotic substance samples using Form No. 9 under Appendix II attached hereto;

c) Logbook of storage entry, withdrawal, use, and inventory of narcotic substances, precursors, and narcotic substance samples using Form No. 10 under Appendix II attached hereto;

d) Documents related to purchase of narcotic substances and precursors for research purposes.

Article 41. Production of narcotic substances, precursors, narcotic substance samples for national defense and security

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2. Application for license to produce narcotic substances, precursors, narcotic substance samples for national defense and security consists of:

a) Written application for license to produce narcotic substances, precursors, narcotic substance samples using Form No. 3 under Appendix II attached hereto;

b) Plans for estimation of narcotic substance samples approved by the Minister of Public Security;

c) Plans for production of narcotic substances, precursors, narcotic substance samples which contain name of narcotic substances, precursors to be produced; packaging method, quantity, content/quality of narcotic substances, precursors; time and location of production activities; safety plans and measures, and storage conditions of narcotic substances and precursors during production.

3. Procedures for licensing production of narcotic substances, precursors, narcotic substance samples for national defense and security:

a) On the basis of plans for estimation of narcotic substance samples approved by the Minister of Public Security, the Institute of Criminal Science shall file application for license to produce narcotic substances, precursors, narcotic substance samples for national defense and security to Counter-Narcotics Police Department;

b) Regulation under Point b, Point c Clause 3 and Clause 4 Article 29 hereof.

4. Application and procedures for amendment, re-issuance, renewal, and revocation of license to produce narcotic substances, precursors, and narcotic substance samples shall conform to Clause 5 Article 29 hereof.

5. Narcotic substances, precursors, and narcotic substance samples after being produced must be entered into national storage of narcotic substance samples in service of legal activities related to narcotic substances for national defense and security.

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a) Decision of the Minister of Public Security approving the need to use narcotic substance samples and plans for estimation of narcotic substance samples using Form No. 11 under Appendix II attached hereto;

b) Plans for production of narcotic substances and precursors using Form No. 12 under Appendix II attached hereto;

c) Logbook for production of narcotic substances, precursors, and narcotic substance samples using Form No. 13 under Appendix II attached hereto;

d) Logbook of storage entry, withdrawal, use, and inventory of narcotic substances, precursors, and narcotic substance samples using Form No. 10 under Appendix II attached hereto;

dd) Notice of storage entry/withdrawal of narcotic substances, precursors, and narcotic substance samples using Form No. 9 under Appendix II attached hereto;

e) Instruments related to purchase of narcotic substances and precursors in service of production.

7. Where plans or documents recommending production of narcotic substances and precursors in service of international cooperation, research, procedure guidance, technology transfer tasks of entities engaged in science and technology operations and affiliated to the Ministry of Public Security have been approved by the Minister of Public Security, eligibility and application and procedures for licensing, producing narcotic substances and precursors shall conform to Clause 1, Clause 2, Clause 3, and Clause 4 Article 29 hereof. Produced narcotic substances and precursors shall be kept and used by producing entities or transferred to partners, recipients according to approved plans.

Article 42. Import and export of narcotic substances, precursors, and narcotic substance samples for national defense and security

1. Counter-Narcotics Police Department, the Ministry of Public Security is responsible for receiving, inspecting application, and grant permission to research narcotic substances, precursors, narcotic substance samples for national defense and security.

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3. Application for license to import, export narcotic substances, precursors, narcotic substance samples for national defense and security:

a) Written application for license to import, export;

b) Import permit of importing countries in case of application for import license;

c) Plans for estimation of narcotic substance samples approved by the Minister of Public Security;

d) Other documents: documents authorizing import and certificate of business registration of partners authorized for import (when requested), documents proving legal funding sources; documents notifying aids (if any).

Where the aforementioned documents are in foreign languages, notarized Vietnamese translation must be provided (if needed).

4. Procedures for issuing license to import, export narcotic substances, precursors, narcotic substance samples for national defense and security:

a) On the basis of estimated use demand of narcotic substance samples approved by the Ministry of Public Security, Institute of Criminal Science shall file application for license to import to Counter-Narcotics Police Department, the Ministry of Public Security for inspection;

b) Within 5 working days from the date on which licensing authorities receive adequate application, licensing authorities have the responsibility to inspect and issue license to import.

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c) After obtaining license to import, Institute of Criminal Science, the Ministry of Public Security shall proceed with import procedures: sign contracts with partners approved to import under authorization; cooperate with partners’ representatives in import procedures (if any);

d) Within 12 working days from the date on which Counter-Narcotics Police Department of the Ministry of Public Security receives adequate application, Counter-Narcotics Police Department of the Ministry of Public Security shall inspect the application, implement prior notice, and issue export license. Where competent authorities of importing countries do not approve prior notice, licensing authorities shall reject application, respond in writing, and provide justification.

5. Imported narcotic substances, precursors, and narcotic substance samples must be entered into storage facilities, kept in national storage of narcotic substance samples or transferred, distributed to entities using them in service of legal activities related to narcotic substances for national defense and security.

6. Document forms in export, import of narcotic substances, precursors, and narcotic substance samples for national defense and security:

a) Logbook of export and import of narcotic substances, precursors, and narcotic substance samples using form No. 14 attached hereto;

b) Instruments related to export, import of narcotic substances, precursors, narcotic substance samples.

Article 43. Transportation of narcotic substances and precursors and delivery of narcotic substance samples for national defense and security

1. Transportation of narcotic substances and precursors

a) Entities wishing to transport narcotic substances and precursors for national defense and security have the responsibility to adequately comply with regulations on transportation and stay under monitoring, inspection, and supervision of authorities according to this Article, Article 31 hereof, and relevant law provisions;

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Individuals providing transportation must, in the performance of their transportation duty, carry documents on task assignment issued by figureheads of organizations seeking transportation, legitimate personal documents, note of storage withdrawal.

2. Delivery of narcotic substance samples

a) On the basis of use demand, entities using narcotic substance samples shall request entities managing national storage of narcotic substance samples or entities managing intermediate storage in writing to provide narcotic substance samples;

b) On the basis of letter of introduction (or documents on task assignment) and written request of entities using narcotic substance samples, representatives of entities managing national storage of narcotic substance samples or representatives of entities managing intermediate storage of narcotic substance samples shall issue written confirmation of narcotic substance sample transportation to individuals tasked with transporting narcotic substance samples from national storage of narcotic substance samples to intermediate storage of narcotic substance samples or from intermediate storage of narcotic substance samples to using entities;

c) Delivery of narcotic substance samples must be recorded in writing where representatives of the delivering party and receiving party must examine and cross-check name, quantity, type, content, batch number, expiry date and countersign instruments, records of storage entry and withdrawal;

d) Entities receiving narcotic substance samples and transporting from national storage of narcotic substance samples to intermediate storage of narcotic substance samples or from intermediate narcotic substance samples to using entities must ensure security, safety and stay under inspection, supervision as per the law.

3. Document forms in delivery of narcotic substance samples for national defense and security:

a) Application for provision of narcotic substance samples for national defense and security using Form No. 15 under Appendix II attached hereto;

b) Written confirmation of transportation of narcotic substance samples for national defense and security using Form No. 16 under Appendix II attached hereto;

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Article 44. Preservation, distribution, use of narcotic substances, precursors, narcotic substance samples for national defense and security

1. Entities under Clause 3 Article 39 hereof have the responsibility to:

a) develop plans for arranging preservation, storage, distribution, use, processing, and exchange of narcotic substances, precursors, narcotic substance samples in a manner that ensures absolute safety and assume legal responsibility for mistaking or losing the substances;

b) comply with monitoring, examination, and supervision of authorities regarding preservation, storage, distribution, use, processing, and exchange of narcotic substances, precursors, narcotic substance samples at agencies and entities.

2. Entities affiliated to the Ministry of Public Security have the responsibility to cooperate with authorities affiliated to relevant ministries, central departments in monitoring, examining, and supervising preservation, storage, distribution, use, processing, and exchange of narcotic substances, precursors, narcotic substance for national defense and security according to Clause 1 of this Article.

Article 45. Storage of narcotic substance samples for national defense and security

1. Narcotic substance samples must be stored and preserved at national storage of narcotic substance samples and intermediate storage of narcotic substance samples. National storage of narcotic substance samples and intermediately storage of narcotic substance samples must be separated (in terms of occupancy), convenient for storage withdrawal, entry, preservation, assurance of security, fire safety, firefighting; be outfitted with lighting, ventilation, temperature and humidity control and monitoring systems, and hazard protective equipment. Minimum area of storage of narcotic substance samples shall be 15 m^2. Storage of narcotic substance samples must be outfitted with equipment and instruments or storing, preserving samples in a manner consistent with sample demands such as: rack, cabinets, coolers, or freezers. Figureheads of entities managing storage shall assign personnel to oversee sample storage, develop regulations on entry and exit of storage, security and safety assurance.

2. National storage of narcotic substance samples shall be located at Institute of Criminal Science, the Ministry of Public Security; be the entity that receives narcotic substances, precursors, narcotic substance samples from import of narcotic substance samples and research, production of narcotic substances and precursors; directly manages, preserves, and distributes to using entities under Clause 3 Article 39 hereof.

3. Intermediate storage of narcotic substance samples shall be located at entities permitted to manage and use narcotic substance samples in accordance with Clause 3 Article 39 hereof and shall receive narcotic substance samples from Institute of Criminal Science, the Ministry of Public Security, including:

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b) Intermediate storage of narcotic substance samples at drug-related crime preventing authorities; training facilities for personnel engaged in operation of drug-related crime prevention and combat; entities engaged in training for military animals for drug detection affiliated to police forces, Border Guard, Coast Guard, Customs forces. In case of inadequate conditions for construction of intermediate storage of narcotic substance samples, the aforementioned entities shall reserve separate sections in their general storage units for storage of narcotic substance samples. Such separate sections shall be outfitted with safes, equipment, and instruments for storage and preservation of samples appropriate to each type of samples.

4. Institute of Criminal Science, the Ministry of Public Security shall arrange distribution, transfer of narcotic substance samples according to approved plans, receive narcotic substance samples that are no longer in use from entities, monitor and examine usage at entities, assess quality of remaining narcotic substance samples in store at intermediate storage in order to propose sample collection in accordance with Article 46 hereof. Entities that no longer have use for narcotic substance samples must transfer narcotic substance samples to Institute of Criminal Science, the Ministry of Public Security.

Article 46. Collection of narcotic substance samples for national defense and security

1. Collection of narcotic substance samples that are evidence from cases related to drug crimes for traceability of narcotic substances shall conform to procedures for assessment and traceability of narcotic substances.

2. Director of Institute of Criminal Science shall request the Minister of Public Security to approve plans for collecting narcotic substance samples that are products of import of narcotic substances and research, production of narcotic substances and precursors on an annual basis or where additional narcotic substance samples are required for inspection and professional training for drug-related crime prevention and combat and military animal training. On the basis of approved plans for estimation of narcotic substance samples, Institute of Criminal Science shall alter, separate, pack narcotic substance samples according to use purposes of entities.

Article 47. Regulations on processing of narcotic substance samples for national defense and security

1. Process narcotic substance samples:

a) On an annual system, Institute of Criminal Science, the Ministry of Public Security shall inspect, assess quality of remaining narcotic substance samples in store at intermediate storage of narcotic substance samples and inspect, assess quality of remaining narcotic substance samples in national storage of narcotic substance samples;

b) In case of incorrect narcotic substance samples or lost narcotic substance samples, entities must immediately report to direct superior. Upon receiving reports, direct superiors must immediately examine and verify to take appropriate actions and file reports to the Ministry of Public Security (via Institute of Criminal Science);

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d) Council for disposal of narcotic substance samples consists of: Figureheads of Institute of Criminal Science shall act as Chairperson of the Council, representatives of Supreme People’s Procuracy, Counter-Narcotics Police Department, individuals in charge of storage of narcotic substance samples, figureheads of entities in charge of narcotic assessment shall act as council members, Institute of Criminal Science shall act as secretary;

dd) Procedures for disposing of narcotic substance samples shall conform to regulations on criminal proceeding laws pertaining to disposal of evidence and must be recorded in writing, photographs, and official archive according to regulations at Institute of Criminal Science, Minister of Public Security.

2. Process narcotic substance samples:

a) For the purpose of disposing of narcotic substances created in research, research cooperation, production, procedure guidance, and technology transfer in public security forces, presiding entities shall cooperate with Counter-Narcotics Police Department in establishing disposal Council and reporting to figureheads of the Ministry;

b) Council for disposal of narcotic substances consists of: Figureheads of presiding entities shall act as Chairpersons of the Council, specialized cadres of presiding entities, Counter-Narcotics Police Department, Institute of Criminal Science, Public Security Department of Science, Strategy, and History, and relevant entities, individuals (if any) shall act as council members. Council for disposal of narcotic substances is tasked with arranging disposal, deciding on disposal methods, and supervising the disposal process;

c) Presiding entities shall prevent all losses of narcotic substances; comply with regulations on environmental protection during disposal, file disposal records, take photographs, and archive documents as per the law;

d) Within 3 working days from the date on which disposal of narcotic substances ends, presiding entities shall send disposal record to Counter-Narcotics Police Department, Institute of Criminal Science, and Public Security Department of Science, Strategy, and History.

Article 48. Estimation, documentation, reporting, and expenditure on import, sampling of narcotic substances for national defense and

1. On an annual basis, entities managing and using narcotic substance samples shall prepare estimation and send quantity registration of narcotic substance samples to Institute of Criminal Science using Form No. 18 under Appendix II attached hereto before January 15 for consolidation and comparison with stock and request the Minister of Public Security to approve plans for estimation and distribution of narcotic substance samples and plans for import, sampling of narcotic substances for national defense and security. File irregular report to direct superior within 48 hours from the moment in which accidents or mistakes or losses of narcotic substances, precursors, or narcotic substance samples are found or at request of competent authorities.

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a) In respect of narcotic substance samples used for traceability, regulation on assessment and traceability must be adhered to. Prepare records or logbook adequately covering use of narcotic substance samples and countersigned by individuals engaged in sample analysis and direct superiors.

b) Laboratories using reference samples for assessment purposes must prepare logbook pertaining to usage of samples which is countersigned by individuals engaged in sample analysis and direct superiors;

c) Entities using samples for professional training, training of military animals must keep records pertaining to conditions and use of samples which is countersigned by individuals directly using the samples and direct superiors.

3. Using entities shall file reports on use of narcotic substance samples to Institute of Criminal Science, the Ministry of Public Security before July 15 and January 15 each year using Form No. 19 under Appendix II attached hereto.

4. Institute of Criminal Science shall consolidate and send import, collection, distribution, use, disposal, and storage results of narcotic substance samples to the Ministry of Public Security, Supreme People’s Procuracy, and Supreme People’s Court.

5. Institute of Criminal Science shall take charge and cooperate with Counter-Narcotics Police Department and relevant entities in consolidating demands for narcotic substance samples, developing plans for estimation of narcotic substance samples for national defense and security in order to report to the Minister of Public Security for approval using Form No. 11 under Appendix II attached hereto.

6. Funding for activities related to narcotic substances for national defense and security at the Ministry of Public Security includes: Funding for research, production, import, export of narcotic substances and precursors; import, collection, delivery, and preservation of narcotic substance samples; funding for development of national storage of narcotic substance samples, intermediate storage of narcotic substance samples. Funding sources shall be allocated in annual state budget estimates that the Ministry of Public Security assigns to police authorities of all administrative divisions and other legitimate funding sources as per the law.

7. Funding for legal activities related to narcotic substances for national defense and security at the Ministry of National Defense and the Ministry of Finance includes: Funding for development of intermediate storage of narcotic substance samples; funding for satisfying storage conditions of narcotic substance samples at the Ministry of National Defense and the Ministry of Finance. Funding sources shall be allocated in annual state budget estimates of the Ministry of National Defense and the Ministry of Finance and other legal funding sources as per the law.

Article 49. Responsibility for inspection, supervision, and settlement of violations

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2. Entities conducting legal activities related to narcotic substances for national defense and security shall conform to Section 3 hereof, other relevant law provisions and stay under monitoring, examination, and supervision of competent authorities.

Section 4. PREPARATION OF DOCUMENTS AND REPORTING OF LEGAL ACTIVITIES RELATED TO NARCOTIC SUBSTANCES

Article 50. Document preparation

1. Organizations and individuals conducting legal activities related to narcotic substances under Clause 1 Article 13 of the Law on Prevention and Control of Narcotic Substances must prepare documents compliant with regulations of field-specific authorities. Such documents must contain:

a) Organizations and individuals engaged in research, inspection, production activities must keep a record of quantity, quality, expiry date, production process, data pertaining to storage entry, withdrawal, and stock; notice of storage entry, withdrawal;

b) Organizations and individuals engaged in trading, export, import, temporary import, re-export, temporary export, re-import activities must keep a record of data pertaining to storage entry, withdrawal, stock, invoices, instruments, and relevant documents for each narcotic substance and precursor under lists of narcotic substances and precursors of the Government.

2. Documents must be kept within the stipulated period according to regulations of field-specific authorities. Upon expiry of storage period of documents and instruments, figureheads of entities have the responsibility to establish council for destruction of the documents and instruments and record the process in writing.

Article 51. Reporting regulations

1. The Ministry of Public Security, the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Environment, the Ministry of National Defense, and provincial People’s Committees have the responsibility to consolidate information pertaining to legal activities related to narcotic substances within their jurisdiction (quantity of licensed instances, number of violations, handling methods, and other relevant information) and file reports every 6 months and every year to the Ministry of Public Security for consolidation and reporting to the Prime Minister.

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3. Organizations and individuals engaged in legal activities related to narcotic substances must file:

a) irregular report to direct superior within 24 hours from the moment in which accidents or mistakes or losses of narcotic substances, precursors, or narcotic substance samples are found or at request of competent authorities;

b) submit regular report via database software of the Ministry of Public Security under Point a Clause 3 Article 53 hereof. Organizations and individuals shall be provided with login account and password by the Ministry of Public Security to declare, update information pertaining to legal activities related to narcotic substances and precursors within 7 working days from the date on which details to be reported occur. In case if failure to adequately comply with regulations above, penalties shall be imposed as per the law.

Article 52. Preparation of estimation

1. Organizations engaged in import, export for the first time or changing import, export demands (relative to the previous year) relating to narcotic substances and precursors under list of mandatory estimates according to international conventions on drug contract, send estimate registration to competent authorities affiliated to governing ministries.

2. The Ministry of Health, the Ministry of Industry and Trade, the Ministry of National Defense, and the Ministry of Agriculture and Environment shall consolidate import, export demand estimates of narcotic substances and precursors under Clause 1 of this Article using estimate form of International Narcotics Control Board of United Nations and send to the Ministry of Public Security before March 31 on an annual basis. Where demand exceeds estimates or in case of other changes, ministries shall send written notice to the Ministry of Public Security for additional registration before May 31 and before September 30 of registration year.

3. The Ministry of Public Security shall consolidate, review, cross-examine import, export demand and results of the previous year, register demands to International Narcotics Control Board of United Nations and monitor, submit prior notice as per the law; send to the Ministry of Finance for cooperation in monitoring.

Section 5. COOPERATION IN CONTROL OF LEGAL ACTIVITIES RELATED TO NARCOTIC SUBSTANCES

Article 53. Details and mechanism of cooperation in control of legal activities related to narcotic substances

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a) The Ministry of Public Security shall take charge, cooperate with entities and local governments in monitoring, examining, and supervising research, production, transportation of narcotic substances and precursors as per the law.

b) The Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Environment, the Ministry of Finance, and the Ministry of National Defense, within their functions, tasks, and powers, have the responsibility to take charge and cooperate with the Ministry of Public Security in guiding, examining local authorities that are engaged in preservation, storage, trading, distribution, use, processing, and exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs; veterinary drugs, husbandry feed, fisheries feed containing narcotic substances and precursors of organizations engaged in production, import, export, temporary import, re-export, temporary export, re-import;

c) Provincial People’s Committees, within their functions, tasks, and powers, have the responsibility to direct authorities to cooperate in controlling export, import, transportation, presevation, storage, trade, distribution, use, processing, exchange of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs, veterinary drugs, husbandry feed, fisheries feed containing narcotic substances and precursors of organizations engaged in legal activities related to narcotics in their jurisdiction.

2. Cooperation in controlling import, export, temporary import, re-export, temporary export, re-import, transit of narcotic substances and precursors.

a) Cooperation in control in prior notice in respect of precursor import from foreign countries to Vietnam (applicable to import from signatories under Article 12 of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances):

On the basis of import license issued by competent licensing authorities and sent to the Ministry of Public Security or import license information on public service portal, within 2 working days from the date on which the Ministry of Public Security receives notice of exporting countries the Ministry of Public Security has the responsibility to respond to exporting countries regarding legitimacy of shipments.

Where the Ministry of Public Security has not received import license concerning the notified shipment, the Ministry of Public Security has the responsibility to request exporting countries to temporarily suspend export to Vietnam and transfer the case to the Ministry of Finance for monitoring.

b) Cooperation in control in prior notice in respect of precursor export from Vietnam to foreign countries (applicable to export to signatories of Article 12 of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances), in both simple form and combined form;

Within 3 working days from the date on which competent licensing authorities receive legitimate application for import license, competent licensing authorities have the responsibility to send information pertaining to name, address of applicants for export license; name, content, weight of precursors; safety data sheet; name, address of importing organizations; name of border checkpoints that exports go through to the Ministry of Public Security in order to send prior notice concerning the shipments to authorities of importing countries.

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Within 2 working days from the date on which the Ministry of Public Security receives feedback of authorities of importing countries, the Ministry of Public Security has the responsibility to respond to licensing authorities in order to decide whether or not to issue license within their power and transfer the case to the Ministry of Finance for monitoring;

c) Cooperation in control of import of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs; medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs; veterinary drugs, husbandry feed, fisheries feed, ingredients of veterinary drugs, husbandry feed, fisheries feed that are narcotic substances and precursors from foreign countries to Vietnam;

On the basis of reports of the Ministry of Finance pertaining to actual import quantities of narcotic substances, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs according to Clause 2 Article 51 hereof, the Ministry of Public Security shall take charge and cooperate with the Ministry of Industry and Trade, the Ministry of Health, the Ministry of Agriculture and Environment, and the Ministry of National Defense in assessing import results of the current year and import demands of narcotic substances and precursors of the following year in order to register estimates to International Narcotics Control Board of United Nations as per the law;

d) Cooperation in control of temporary import, re-export, temporary export, re-export of narcotic substances and precursors.

Within 3 working days from the date on which competent licensing authorities receive application for license to temporarily import, re-export or temporarily export, re-import narcotic substances, precursors, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, and precursors used for production of drugs, competent licensing authorities have the responsibility to send information pertaining to name, address of enterprises submitting application; name, quantity, content of narcotic substances and precursors; name and address of importing, exporting organizations; time and name of border checkpoints where temporarily imported, re-exported or temporarily exported, re-imported goods travel through in order to facilitate prior notice;

Within 2 working days from the date on which the Ministry of Public Security receives required information from competent licensing authorities, the Ministry of Public Security has the responsibility to implement prior notice concerning the shipment for which license application is submitted;

Within 2 working days from the date on which the Ministry of Public Security receives feedback of importing countries, the Ministry of Public Security has the responsibility to respond to licensing authorities to decide whether or not to issue license to temporarily import, re-export or temporarily export, re-import within their powers and transfer the case to the Ministry of Finance for monitoring;

3. Cooperation in exchanging information pertaining to control of legal activities related to narcotic substances:

a) The Ministry of Public Security shall act as liaison to exchange information and control legal activities related to narcotic substances with ministries, central departments, relevant countries and International Narcotics Control Board of United Nations via database system for controlling legal activities related to narcotic substances (hereinafter referred to as “the database system”) located at the Ministry of Public Security.

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b) The Ministry of Public Security has the responsibility to inform relevant ministries, central departments, and local governments about operating methods and schemes of criminals and other relevant information during control of legal activities related to narcotic substances to enable ministries, central departments, and local governments to take effective preventive measures;

c) The Ministry of Industry and Trade, the Ministry of Agriculture and Environment, the Ministry of Health, the Ministry of Finance, the Ministry of National Defense, and provincial People’s Committees shall use login account and password provided by the Ministry of Public Security to access and use database software within their functions, tasks, and powers:

Update information pertaining to control of legal activities related to narcotic substances and results of administrative penalties in relevant sectors in the database system. Within 5 working days, agencies that issue decisions on administrative penalties shall send documents to the Ministry of Public Security, provincial police authorities and update database software.

Promptly communicate with the Ministry of Public Security in order to cooperate in preventing and dealing with violations upon receiving report, documents or discovering violations in control of legal activities related to narcotic substances; provide communication hub to share information pertaining to application for license to engage in legal activities related to narcotic substances in industrial sector.

Upon receiving request to cooperate in providing information and documents for control of legal activities related to narcotic substances that are beyond the scope of database software, agencies have the responsibility to comply with the request and notify requesting agencies. Where request for information or documents is rejected, requested agencies must respond in writing and provide justification;

d) The Ministry of Finance shall assure data connection and operation of database system with the National Single-window portal to allow the Ministry of Public Security to log in, access license to import, export, temporarily import, re-export, temporarily export, re-import; information on shipments of narcotic substances, precursors, narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs, veterinary drugs, husbandry feed, fisheries feed containing narcotic substances and precursors that have been granted customs clearance.

4. Cooperation in monitoring, examining, supervising legal activities related to narcotic substances:

a) The Ministry of Public Security has the responsibility to take charge, cooperate with the Ministry of Industry and Trade, the Ministry of Agriculture and Environment, the Ministry of Health, the Ministry of Finance, and the Ministry of National Defense in guiding, monitoring, examining, and supervising organizations, individuals, and local governments regarding implementation of legislative documents on control of legal activities related to narcotic substances in order to prevent taking advantage of these activities for illegal aims;

b) Ministries, within their tasks and powers, have the responsibility to arrange implementation of assigned tasks and inspect, examine implementation of regulations on control of illegal activities related to narcotic substances of organizations and individuals; take actions against violations of the law within their powers and transfer cases with signs of criminal violations to the Ministry of Public Security;

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Article 54. Interdisciplinary cooperation department for control of legal activities related to narcotic substances of all levels

1. Central interdisciplinary cooperation department for control of legal activities related to narcotic substances.

a) The Ministry of Public Security shall establish, promulgate decision on operating regulations of, and direct operation of central interdisciplinary cooperation department for control of legal activities related to narcotic substances;

b) Central interdisciplinary cooperation department for control of legal activities related to narcotic substances is tasked with: Communicating, guiding, training, expediting, monitoring, examining, and supervising organizations, individuals, and local governments in implementation of legislative documents on control of legal activities related to narcotic substances in order to prevent taking advantage of these activities for illegal aims. Detecting, preventing, and requesting competent authorities to take actions against violations as per the law.

2. Provincial interdisciplinary cooperation departments for control of legal activities related to narcotic substances.

a) Provincial People’s Committees shall establish, promulgate decision on operating regulations of, and direct operation of provincial interdisciplinary cooperation departments for control of legal activities related to narcotic substances;

b) Provincial interdisciplinary cooperation departments for control of legal activities related to narcotic substances are tasked with: Communicating, guiding, training, expediting, monitoring, examining, and supervising organizations and individuals in local administrative divisions in implementation of legislative documents on control of legal activities related to narcotic substances in order to prevent taking advantage of these activities for illegal aims. Detecting, preventing, and requesting competent authorities to take actions against violations as per the law.

Chapter V

MANAGEMENT OF ILLICIT DRUG USERS

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Individuals who illicitly use narcotic substances, are not met with criminal penalties, and do not fall under cases described under Clause 5 Article 24 of the Law on Prevention and Control of Narcotic Substances.

Article 56. Drug test

1. Drug test shall be performed on individuals under Clause 1 Article 23 of the Law on Prevention and Control of Narcotic Substances. Drug test shall be performed on individuals under Point b Clause 1 Article 23 of the Law on Prevention and Control of Narcotic Substances on the basis of:

a) Report, information of individuals, agencies, organizations that have been verified by competent authorities;

b) Information, documents on violation of the law;

c) Individuals without cognitive capacity or behavior control capacity and suspicious of use of narcotic substances;

d) Traces of narcotic substances or equipment, tools for illicitly using narcotic substances are found on body, vehicle, or residence of the persons;

dd) Vehicle operators showing signs of stimulant use, suspected to be narcotic substances;

e) Individuals present at locations where organized, aided, abetted or illicit drug use takes place without a justifiable reason;

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h) Individuals caught using narcotic substances illicitly;

i) Other situations as per the law.

2. Competent agencies, individuals entitled to conduct drug test under Clause 2 Article 23 of the Law on Prevention and Control of Narcotic Substances shall perform drug test. Drug test results shall be presented using Form No. 1 under Appendix III attached hereto.

3. Commune-level police authorities that govern illicit drug users shall, at their discretion or by requesting specialized agencies and individuals, perform drug test on illicit drug users during their management period.

4. Specimen for drug test shall be blood, urine, or other body specimen.

5. Urine sampling location must be segregated by gender. Urine sampling process must be supervised by cadres of the same gender.

6. Presence of parent or guardians or legal representatives shall be required for the purpose of collecting specimen of individuals under 18 years of age with the exception of urine sampling.

Article 57. Collection of information, documents on illicit drug users

1. Where results of drug tests under Clause 2 Article 56 hereof are positive, police authorities of administrative divisions where illicit drug users are found have the responsibility to:

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a) send notice regarding illicit drug use using Form No. 2 under Appendix III attached hereto to figureheads of commune-level police authorities according to Clause 5, Clause 6 Article 58 hereof in order to arrange management of illicit drug users and file documents on management of illicit drug users.

2. Notice regarding illicit drug use shall conform to Form No. 2 under Appendix III attached hereto and be sent together with the following documents:

a) Drug test results using Form No. 1 under Appendix III attached hereto;

b) Documents, records pertaining to illicit drug use; documents on previous instances of illicit drug use or rehabilitation of offenders (if any);

c) Presentation of illicit drug users using Form No. 3 under Appendix III attached hereto.

Article 58. Verifying residence and sending notice

1. Within 24 hours from the moment in which positive drug test results are produced, police authorities that discover illicit drug use have the responsibility to verify residence of illicit drug users.

In respect of mountainous regions, islands, rural areas, and remote areas where travelling is difficult, time limit for verifying residence can be extended to a maximum of 48 hours from the moment in which illicit drug users are found.

2. Criteria for determining a person with a stable residence:

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b) Where permanent or temporary residence of a person cannot be identified, his/her stable residence shall be his/her current residence according to Clause 1 Article 19 of the Law on Residence and he/she has been living at his/her current residence for at least 30 days according to verification of figureheads of commune-level police authorities.

3. Criteria for determining a person without a stable residence:

a) A person with permanent or temporary residence registration fails to stay at their permanent or temporary residence and figureheads of commune-level police authorities of administrative divisions where permanent residence or temporary residence is located have verified pertaining to the fact that he/she does not stay at his/her permanent residence or temporary residence and his/her unknown whereabouts;

b) Family members according to regulations on marriage and family that provide information for authorities do not have information on his/her current whereabouts, occupation. Police authorities are also unable to determine his/her whereabouts after searching national database on population, database on residence, residential archive system, ID card archive system;

c) A person who does not have permanent residence and temporary residence and has been staying at his/her current residence for less than 30 days.

4. Determination of residence and verification of residence shall conform to regulations on residence and guidelines of the Ministry of Public Security.

5. Where illicit drug users have stable residence, within 24 hours from the moment in which residence verification results are available, police authorities that discover illicit drug use shall send notice pertaining to illicit drug use using Form No. 2 under Appendix III attached hereto and relevant documents to figureheads of commune-level police authorities of administrative divisions where stable residence of illicit drug users is located.

6. Where illicit drug users do not have stable residence, within 24 hours from the moment in which residence verification results are available, police authorities that discover illicit drug use shall send notice pertaining to illicit drug use using Form No. 2 under Appendix III attached hereto and relevant documents to figureheads of commune-level police authorities of administrative divisions where illicit drug use is discovered and figureheads of commune-level police authorities of administrative divisions where permanent residence of illicit drug users is registered (if any).

Article 59. Decision on adoption of management of illicit drug users and management dossiers

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Where illicit drug users repeat illicit drug use during management period and do not fall under cases detailed under Clause 5 Article 24 of the Law on Prevention and Control of Narcotic Substances, figureheads of presiding commune-level police authorities shall, within 24 hours from the moment in which they discover or receive notice pertaining to illicit drug use, issue new decision on management.

2. Decision on management of illicit drug users shall conform to Form No. 4 under Appendix III attached hereto and must:

a) Summarize illicit drug use; positive drug test results; diagnosis of narcotic substance dependence that concludes that the person is not addicted (if any);

b) Assign commune-level police officers to perform residence management; summon; conduct drug test; prevent disruption of order and security caused by illicit drug users;

c) Assign management group for illicit drug users where commune-level police officers act as group leader for general accountability; representatives of hamlets/neighborhoods act as deputies to motivate, educate; representatives of families of illicit drug users or reputable relatives provide mental support, representatives of socio-political organizations (depending on identity of illicit drug users) and social workers (if any) provide psychological counseling and job opportunities.

3. Decision on management of illicit drug users shall be kept under management dossiers, sent to subjects of management, members of management group, and commune-level People’s Committees of administrative divisions where management takes place.

4. Management dossiers on illicit drug users consist of:

a) Decision on management of illicit drug users using Form No. 4 under Appendix III attached hereto;

b) Summarized personal background of illicit drug users using Form No. 5 under Appendix III attached hereto; residence verification results of illicit drug users;

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d) Documents on previous instances of illicit drug use or rehabilitation (if any);

dd) Presentation of illicit drug users using Form No. 3 under Appendix III attached hereto;

e) Diagnosis results of narcotic substance dependence (if any);

g) Other documents conveying management of illicit drug users during management period.

Article 60. Calculation of management period for some cases

1. Where individuals subject to management change residence, management period shall resume from the date on which new decision on management of illicit drug users is issued by figureheads of commune-level police authorities of administrative divisions where their new residence is located for the remainder of management period.

2. Where illicit drug users are absent from commune-level administrative divisions where they are under management in a manner that violates residence management regulations and causes their destination to be unidentifiable, the duration in which they are absent shall not be counted towards management period.

Article 61. Management details

1. During management period of illicit drug users, commune-level police authorities shall take charge and cooperate with management group for illicit drug users as follows:

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b) Commune-level police authorities shall perform drug test on illicit drug users where basis under Clause 1 Article 56 hereof is present or irregularly depending on specialized plans;

c) Commune-level police authorities shall cooperate with representatives of socio-political organizations, families of illicit drug users in providing psychological counseling and changing attitude of illicit drug users to motivate them to stay positive and stay away from narcotic substances;

d) Commune-level police authorities and members of management group shall provide education pertaining to narcotic substance prevention, combat, and effect and other details depending on identity characteristics;

dd) Representatives of hamlets/neighborhoods, families shall motivate, assist, and enable illicit drug users to participate in community activities, self-governed activities, sports and athletic activities to improve health, soft skills, and prevent violations of the law;

e) Social workers (if any) shall advise and provide job referral for illicit drug users during management period.

2. In respect of illicit drug users below 18 years of age, involvement of teachers of education establishments where illicit drug users are pursuing education and pioneer youth, youth union shall be required in addition to counseling, motivation, education, and assistance provided for these individuals.

Article 62. Management of illicit drug users moving away from residence

1. Where illicit drug users change residence, commune-level police authorities of administrative divisions where illicit drug users move to shall cooperate with commune-level police authorities of administrative divisions where illicit drug users away move from in examining and verifying information.

Within 24 hours from the moment in which illicit drug users move to their new residence, figureheads of commune-level police authorities of administrative divisions where they move away from shall issue notice and transfer management dossiers regarding illicit drug users using Form No. 6 under Appendix III attached hereto to commune-level police authorities of administrative divisions where illicit drug users move to for continued management.

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3. Commune-level police authorities have the responsibility to frequently update information on residence of illicit drug users on database on residence and national database on population.

Article 63. Temporary suspension, stoppage, and termination of management of illicit drug users

1. Figureheads of commune-level police authorities of administrative divisions where management is implemented shall issue decision on temporary suspension of management where illicit drug users subject to management are in custody or detention according to the Criminal Code using Form No. 7 under Appendix III attached hereto.

2. Figureheads of commune-level police authorities of administrative divisions where management is implemented shall issue decision on stoppage of management of illicit drug users for cases detailed under Clause 5 Article 24 of the Law on Prevention and Control of Narcotic Substances using Form No. 8 under Appendix III attached hereto.

3. Figureheads of commune-level police authorities of administrative divisions where management is implemented shall issue decision on termination of management if individuals under management are not found using drugs illicitly upon expiry of management period using Form No. 9 under Appendix III attached hereto.

4. Within 24 hours from the moment in which any of the decisions under this Article is issued, figureheads of commune-level police authorities shall issue decision to agencies, organizations, and individuals under Clause 3 Article 59 hereof.

Article 64. Management and archival of dossiers, list of illicit drug users under management

1. Commune-level police authorities that issue decision on management of illicit drug users have the responsibility to manage and archive dossiers on illicit drug users according to regulations of the Ministry of Public Security.

2. List of illicit drug users must be regularly updated and added according to Form No. 10 under Appendix III attached hereto.

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1. Expenditure on drug test under Clause 2 Article 56 hereof includes:

a) Expenditure on drug test equipment;

b) Expenditure on transporting individuals subject to drug test to location of test;

c) Payments made to field-specific authorities conducting drug test (if any).

2. Expenditure on determining narcotic substance dependence for cases under Points c and dd Clause 1 Article 31 of the Law on Prevention and Control of Narcotic Substances consists of:

a) Expenditure on transporting individuals subject to determination of narcotic substance dependence to location where they undergo determination of narcotic substance dependence;

b) Payments made to medical establishments eligible to determine narcotic substance dependence.

3. Expenditure on management of illicit drug users includes:

a) Expenditure on transporting illicit drug users and relevant dossiers to competent commune-level police authorities;

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c) Expenditure on management of illicit drug users according to Article 61 hereof.

4. Expenditure under this Article shall be covered by state budget according to decentralization of the Law on State Budget. Expenditure entry and amount shall not overlap applicable regulations and expenditure already covered by the state budget.

5. Allowances for individuals tasked with assistance under Point b Clause 3 of this Article shall be decided by provincial People’s Councils and shall not be lower than 25% of statutory pay rate.

Chapter VI

REHABILITATION

Section 1. FACILITIES, AMENITIES, MEDICAL ACTIVITIES OF PUBLIC REHABILITATION FACILITIES AND REFORMATORIES

Article 66. Facility and amenity requirements of public rehabilitation facilities

1. Occupant density of public rehabilitation facilities shall be calculated as follows:

a) At least 80 m^2 per rehabilitating individual in city zone;

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c) At least 120 m^2 per rehabilitating individual in mountainous region.

2. Public rehabilitation facilities must reserve the following areas:

a) Administrative and management areas;

b) Visitation and admission areas;

c) Medical and withdrawal management areas;

d) Rehabilitating individual management areas;

dd) Formal education areas;

e) Vocational education and training areas.

3. Amenities, assisting equipment, instruments of public rehabilitation facilities include:

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b) Medical equipment for health recovery; treatment of withdrawal, detoxification, mental disorders, other medical conditions;

c) Equipment for education, counseling, behavioral and cognitive recovery;

d) Equipment for occupational therapy, vocational education and training;

dd) Personal protective equipment and instruments in occupational therapy, vocational education and training;

e) equipment, weapons, combat gears in service of management, assurance of security and safety at rehabilitation facilities;

g) Common equipment for use in rehabilitation facilities.

4. Public rehabilitation facilities eligible to provide rehabilitation for people from 12 years of age to less than 18 years of age must also include:

a) Formal education areas;

b) Management areas for rehabilitating individuals from 12 years of age to less than 18 years of age.

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Article 67. Amenity requirements for rehabilitation of individuals from 12 years of age to less than 18 years of age at reformatories

Reformatories providing rehabilitation for individuals from 12 years of age to less than 18 years of age must satisfy amenity requirements for rehabilitation under Clause 3 Article 66 hereof and separate areas for management of rehabilitating individuals.

Article 68. Medical teams in public rehabilitation facilities

1. Medical teams in public rehabilitation facilities are tasked with:

a) Determining narcotic substance dependence;

b) Treating withdrawal, detoxification, mental disorders, other medical conditions;

c) Providing medical examination, medical treatment, and support for recovery of physical, mental health, and other functions of rehabilitating individuals;

d) Preventing and fighting diseases.

2. Medical teams of public rehabilitation facilities shall be licensed for operation according to regulations of the law pertaining to individuals practicing medical examination and treatment and medical examination and treatment establishments affiliated to people’s armed forces.

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1. Commune-level medical authorities of administrative divisions where headquarters of public rehabilitation facilities or reformatories are located have the responsibility to cooperate in treatment if diseases or illness exceeds treatment capability of public rehabilitation facilities and reformatories.

2. When necessary or where the situation exceeds capability of commune-level medical authorities, public rehabilitation facilities and reformatories shall report to provincial police authorities of administrative divisions where headquarters of public rehabilitation facilities and reformatories are located; provincial police authorities have the responsibility to request Departments of Health to cooperate in dealing disease prevention and illness treatment.

Section 2. PROCEDURES FOR ESTABLISHING, ISSUING, RE-ISSUING; REVOKING OPERATING LICENSE; AMENITY, PERSONNEL, AND MANAGEMENT REGULATION REQUIREMENTS AT PRIVATE REHABILITATION FACILITIES

Article 70. Criteria for establishing private rehabilitation facilities

1. Facilities are established and operating in a law-compliant manner.

2. Facilities satisfy amenity and personnel requirements under Article 71 and Article 72 hereof.

3. Facilities have adequate financial plans to maintain rehabilitation activities of private rehabilitation facilities using Form No. 1 under Appendix V attached hereto.

Article 71. Facility, amenity requirements of private rehabilitation facilities

1. Regarding facilities:

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b) Management areas for rehabilitating individuals must satisfy Point h Clause 2 Article 46 of the Law on Prevention and Control of Narcotic Substances and must accommodate: dwelling units of rehabilitating individuals with minimum occupant density of 4 m^2/person; common buildings; cafeteria for rehabilitating individuals; physical training and sports areas for rehabilitating individuals;

c) Formal education areas (if facilities receive rehabilitating individuals from 12 years of age to less than 18 years of age or joint formal education areas;

d) Vocational education and training areas or joint vocational education and training areas;

dd) Adequate electricity supply, water supply, fire prevention and firefighting equipment, wastewater and waste treatment system are installed.

2. Equipment serving rehabilitation shall satisfy regulations under Appendix IV attached hereto and technical regulations, technical standards according to regulations of the law.

Article 72. Personnel requirements of private rehabilitation facilities

1. Figureheads of private rehabilitation facilities shall be in possession of college degree or higher and certificate or degree for specialized training relevant to rehabilitation issued by competent agencies and organizations.

2. Individuals in charge of medical operations shall satisfy requirements under Clause 5 Article 85 hereof.

3. Medical employees, counseling employees working at private rehabilitation facilities shall have intermediate-level education or higher depending on job positions under Clause 5 Article 84, Clause 5 Article 85, Clause 5 Article 86, and Clause 6 Article 88 hereof.

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Article 73. Application and procedures for issuing operating license for private rehabilitation facilities

1. Application for operating license for private rehabilitation facilities consists of:

a) Written application for operating license for private rehabilitation facilities using Form No. 2 under Appendix V attached hereto;

b) 1 copy of decision on establishment, permission to establish, or certificate of business registration;

Where private rehabilitation facilities have provided taxpayer identification number in application under Point a Clause 1 of this Article, the copy under this Point shall not be required.

c) Documentation proof of fulfillment of amenity and facility requirements under Article 70, Article 71, and Article 72 hereof;

d) 1 original copy of employee list using Form No. 3 under Appendix V attached hereto together with copies of certificates and degrees; 1 summarized personal background of figureheads or representatives using Form No. 4 under Appendix V attached hereto, 1 copy of degree or certificate for specialized training in rehabilitation of figureheads of private rehabilitation facilities.

2. Procedures:

a) Private rehabilitation facilities shall send application under Clause 1 of this Article to provincial police authorities of administrative divisions where they are based in person or via post or electronically. In case of electronic submission, store original copies of the application and assume legal responsibility for authenticity of the application.

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b) Within 5 working days from the date on which provincial police authorities of administrative divisions where private rehabilitation facilities are based receive adequate application, provincial police authorities shall inspect the application, operating requirements and issue operating license for private rehabilitation facilities. Where application is rejected, provincial police authorities shall respond in writing, provide justification, and enable private rehabilitation facilities to amend the application in case of inadequate application.

3. Operating license for private rehabilitation facilities shall use Form No. 5 under Appendix V attached hereto.

Article 74. Application and procedures for re-issuing operating license for private rehabilitation facilities

1. Operating license for private rehabilitation facilities shall be re-issued where:

a) Figureheads change;

b) Location of headquarters changes;

c) Operating license is lost or damaged.

2. Application for re-issuance of operating license shall use Form No. 2 under Appendix V attached hereto and the following documents:

a) Where figureheads change; 1 copy of summarized personal background of figurehead of private rehabilitation centers using Form No. 4 under Appendix V attached hereto and degrees, certificates compliant with Article 72 hereof;

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c) Where operating license is lost or damaged, reasons for lost or damaged license must be provided in application for re-issuance of operating license.

3. Procedures:

a) Private rehabilitation facilities shall send application under Clause 2 of this Article to provincial police authorities of administrative divisions where they are based in person or via post or electronically. In case of electronic submission, store original copies of the application and assume legal responsibility for authenticity of the application;

b) Within 5 working days from the date on which provincial police authorities of administrative divisions where private rehabilitation facilities are based receive adequate application, provincial police authorities shall inspect the application and re-issue operating license for private rehabilitation facilities. Where application is rejected, provincial police authorities shall respond in writing, provide justification, and enable private rehabilitation facilities to amend the application in case of inadequate application.

Article 75. Temporary suspension of private rehabilitation facilities

1. Private rehabilitation facilities shall be temporarily suspended from providing rehabilitation service if:

a) Requirements under Article 71 and Article 72 hereof are not met;

b) Rehabilitation service is not provided for 3 months from the date on which operating license is issued;

c) Violations pertaining to rehabilitation under Clause 2 Article 46 of the Law on Prevention and Control of Narcotic Substances are committed and rectifications are not implemented within 15 working days from the date on which competent authorities issue written request;

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2. On the basis of characteristics and severity of violation, provincial police authorities of administrative divisions where private rehabilitation facilities are based shall temporarily suspend operation of private rehabilitation facilities for 3 to 6 months.

3. Procedures for temporarily suspending private rehabilitation facilities:

Within 5 working days from the date on which violations under Clause 1 of this Article are found, provincial police authorities of administrative divisions where private rehabilitation facilities are based shall file record using Form No. 7 under Appendix V attached hereto and consider, issue decision on temporary suspension of private rehabilitation facilities using Form No. 8 under Appendix V attached hereto.

4. Private rehabilitation facilities have the responsibility to refund unused rehabilitation expenditure and settle other legal rights and benefits of rehabilitating individuals according to rehabilitation service contract when they are temporarily suspended.

5. Within 3 days from the date on which private rehabilitation facilities are temporarily suspended, rehabilitating individuals at the temporarily suspended rehabilitation facilities must register with commune-level police authorities where they initially registered for voluntary rehabilitation to continue with the remaining rehabilitation duration and procedures according to Clause 1 and Clause 2 Article 29 of the Law on Prevention and Control of Narcotic Substances.

6. Within 3 working days from the date on which temporary suspension ends, private rehabilitation facilities shall file reports on rectification of temporary suspension to directors of provincial police authorities that issue decision on temporary suspension using Form No. 6 under Appendix V attached hereto. Within 3 working days from the date on which directors of provincial police authorities receive reports on rectification of temporary suspension, directors of provincial police authorities have the responsibility to review the reports:

a) Where private rehabilitation facilities have successfully rectified the causes, directors of provincial police authorities have the responsibility to notify and allow private rehabilitation facilities to resume operation;

b) Where private rehabilitation facilities fail to adequately rectify the causes, provincial police authorities shall revoke operating license in accordance with Point b Clause 1 Article 76 hereof.

Article 76. Revocation of operating license

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a) Written request for stoppage of rehabilitation using Form No. 9 under Appendix V attached hereto is filed;

b) Rectifications are not implemented in a timely manner according to Article 75 hereof;

c) Private rehabilitation facilities fail to arrange rehabilitation operation for 6 months from the date on which operating license is issued or temporarily suspend rehabilitation operation for 6 consecutive months without justifiable reasons except for force majeure.

2. Procedures for revoking operating license of private rehabilitation facilities:

a) Within 2 working days, directors of provincial police authorities of administrative divisions where private rehabilitation facilities are based shall review and revoke operating license for cases under Point a Clause 1 of this Article;

b) Within 5 working days from the date on which violations under Point b and Point c Clause 1 of this Article are found, provincial police authorities of administrative divisions where private rehabilitation facilities are based shall file notice of offense using Form No. 7 under Appendix V attached hereto and report to directors of provincial police authorities to review and revoke operating license of private rehabilitation facilities using Form No. 10 under Appendix V attached hereto;

c) Directors of provincial police authorities of administrative divisions where private rehabilitation facilities are based shall inform commune-level People’s Committees and commune-level police authorities of administrative divisions where private rehabilitation facilities are based about revocation of operating license of the private rehabilitation facilities.

3. Private rehabilitation facilities have the responsibility to refund unused rehabilitation expenditure and settle other legal rights and benefits of rehabilitating individuals according to rehabilitation service contract when their operating license is revoked.

Article 77. Management regulations at private rehabilitation facilities

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2. Implement rehabilitation procedures in accordance with this Decree.

3. Implement voluntary rehabilitation in accordance with Clause 2, Point a Clause 3, Point a Clause 4, and Clause 5 Article 33 of the Law on Prevention and Control of Narcotic Substances.

4. Implement management regulations in a manner that assures rights and obligations of rehabilitating individuals in accordance with Article 45 of the Law on Prevention and Control of Narcotic Substances.

5. Assure security, safety, epidemic prevention and treatment at private rehabilitation facilities.

Section 3. PROCEDURES FOR REGISTERING AND DECLARING ORGANIZATIONS AND INDIVIDUALS ELIGIBLE TO PROVIDE VOLUNTARY REHABILITATION SERVICE AT RESIDENCE AND COMMUNITY

Article 78. Scope of community-based or family-based voluntary rehabilitation service

Community-based or family-based voluntary rehabilitation service refers to an activity that covers one or multiple stages of rehabilitation process under Clause 2 Article 29 of the Law on Prevention and Control of Narcotic Substances.

Article 79. Eligibility to provide community-based or family-based voluntary rehabilitation service

1. Organizations providing community-based or family-based voluntary rehabilitation service (hereinafter referred to as “voluntary rehabilitation service providers”) shall be established and operating in a manner compliant with regulations of the law. Employees in charge of providing service must satisfy eligibility and standards corresponding to one or multiple stages of rehabilitation process provided by voluntary rehabilitation service providers according to Clause 5 Article 84, Clause 5 Article 85, Clause 5 Article 86, and Clause 6 Article 88 hereof.

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3. Rehabilitation service providers must satisfy amenity and facility requirements:

a) Rehabilitation service providers must have adequate amenities to accommodate and provide rehabilitation service according to registered service scope.

Where boarding service is included, service providers must also satisfy dwelling unit requirements under Point b Clause 1 Article 71 hereof;

b) Rehabilitation service providers must be in possession of required equipment to provide registered services corresponding to Appendix IV attached hereto.

4. Individuals providing community-based or family-based voluntary rehabilitation service must have designated location where they provide services. Where services for withdrawal management, detoxification, mental disorder treatment, and treatment for other medical conditions are provided, individuals providing voluntary rehabilitation service must be in possession of required equipment corresponding to regulations under Appendix IV attached hereto.

Article 80. Application and procedures for registering, declaring public rehabilitation facilities, organizations and individuals eligible to provide community-based or family-based voluntary rehabilitation service

1. Application for provision of community-based or family-based voluntary rehabilitation service of organizations consists of:

a) Documents of applicants declaring fulfillment of eligibility to provide community-based or family-based voluntary rehabilitation service using Form No. 11 under Appendix V attached hereto;

b) 1 copy of decision on establishment, permission to establish, or certificate of business registration.

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c) Documents proving fulfillment of facility and amenity requirements for service provision;

d) 1 original copy of employee list using Form No. 3 under Appendix V attached hereto, 1 copy of degree, certificate; summary of personal background of figureheads or legal representatives of service providers using Form No. 4 under Appendix V attached hereto.

2. Application for provision of community-based or family-based voluntary rehabilitation service of individuals consists of:

a) Documents of applicants declaring fulfillment of eligibility to provide community-based or family-based voluntary rehabilitation service using Form No. 11 under Appendix V attached hereto;

b) Summarized personal background using Form No. 4 under Appendix V attached hereto;

c) 1 copy of degree, certificate appropriate to registered service.

3. Procedures:

a) Applicants shall submit application under Clause 1, Clause 2 of this Article to provincial police authorities of administrative divisions where organizations are based or where individuals live. In case of electronic submission, applicants have the responsibility to keep original copies of the application and assume legal responsibility for authenticity of the application.

Applicants may use information in database instead of physical documents in administrative procedure documents according to regulations of the Government on reduction and simplification of administrative procedures based on data;

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4. Directors of Counter-Narcotics Police Divisions shall submit request for declaration of public service providers eligible to provide community-based or family-based voluntary rehabilitation service together with decision on establishment of public rehabilitation service to directors of provincial police authorities which will declare public rehabilitation facilities eligible to provide community-based or family-based voluntary rehabilitation service using Form No. 12 under Appendix V attached hereto.

5. Declaration of organizations and individuals eligible to provide community-based or family-based voluntary rehabilitation service must be publicly posted on website of provincial police authorities, at headquarters of provincial People’s Committees and commune-level police authorities, and notified via local mass media.

Article 81. Temporary suspension of provision of community-based or family-based voluntary rehabilitation service

1. Voluntary rehabilitation service providers shall be temporarily suspended for 3 months where:

a) They fail to maintain eligibility of community-based or family-based voluntary rehabilitation service according to Article 79 hereof;

b) They fail to provide rehabilitation service for 6 consecutive months from the date on which they are declared eligible to provide such service;

c) They commit violation related to rehabilitation under Clause 8 Article 32 of the Law on Prevention and Control of Narcotic Substances and fail to rectify within 15 days;

d) Other cases according to regulations of the law occur and they fail to rectify within 15 working days.

2. Procedures for temporarily suspending provision of community-based or family-based voluntary rehabilitation service:

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3. Organizations and individuals subject to temporary suspension have the responsibility to refund unused rehabilitation service fees and settle other legal rights and benefits of rehabilitating individuals according to rehabilitation service agreements.

4. Within 3 days from the date on which rehabilitation service providers are temporarily suspended, users of rehabilitation service must register with commune-level police authorities where they initially registered for voluntary rehabilitation to resume the remainder of their rehabilitation duration and process according to Clause 1 and Clause 2 Article 29 of the Law on Prevention and Control of Narcotic Substances.

5. Within 3 working days before the date on which temporary suspension ends, rehabilitation service providers shall file reports on rectification of temporary suspension to directors of provincial police authorities that issue decision on temporary suspension using Form No. 15 under Appendix V attached hereto. Within 3 working days from the date on which directors of provincial police authorities receive reports on rectification of temporary suspension, directors of provincial police authorities have the responsibility to review the reports:

a) Where rehabilitation service providers have adequately rectified their violations, directors of provincial police authorities have the responsibility to notify rehabilitation service providers to resume rehabilitation service provision;

b) Where rehabilitation service providers fail to adequately rectify violations, provincial police authorities shall revoke declaration of eligibility to provide rehabilitation service of the rehabilitation service providers.

Article 82. Application and procedures for re-declaration in respect of voluntary rehabilitation service providers

1. Re-declaration of voluntary rehabilitation service providers shall be implemented where:

a) Figureheads change;

b) Location of headquarters changes.

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a) In case figureheads change: Summarized personal background of figureheads of service providers using Form No. 4 under Appendix V attached hereto and relevant degrees, certificates;

b) In case headquarters location changes: Documents proving new location of headquarters of service providers.

3. Application for re-declaration of voluntary rehabilitation service providers that are individuals consists of:

a) Written application using Form No. 11 under Appendix V attached hereto;

b) Documents proving new location where service is provided.

4. Within 5 working days from the date on which directors of provincial police authorities receive adequate application, directors of provincial police authorities shall issue re-declaration of organizations and individuals eligible to provide community-based or family-based voluntary rehabilitation service using Form No. 12 under Appendix V attached hereto. Where eligibility is not met, directors of provincial police authorities shall respond in writing, provide justification, and guide application amendment.

5. Re-declaration of organizations and individuals eligible to provide community-based or family-based voluntary rehabilitation service must be publicly posted on website of provincial police authorities, at headquarters of provincial People’s Committees and commune-level police authorities, and notified via mass media.

Article 83. Assigning public service providers with tasks for provision of community-based or family-based voluntary rehabilitation service

1. Depending on demands for community-based or family-based voluntary rehabilitation and functions, tasks, practical situations, directors of provincial police authorities shall take charge and cooperate with relevant agencies in advising Chairpersons of provincial People’s Committees to task public service providers with providing community-based or family-based voluntary rehabilitation service or services if facility, amenity, and personnel requirements are met according to assigned tasks using Form No. 16 under Appendix V attached hereto, including:

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b) Vocational education and training facilities that provide vocational education and training service;

c) Public employment agencies that provide job counseling and referral services;

d) Other public service providers that provide services appropriate to their functions and tasks.

2. Public service providers tasked with providing community-based or family-based voluntary rehabilitation service must satisfy facility, amenity, and personnel requirements according to Article 79 hereof.

3. Chairpersons of provincial People’s Committees shall allocate resources for tasked public service providers publish list of tasked service providers on website of provincial People’s Committees, provincial police authorities, headquarters of commune-level People’s Committees, commune-level police authorities, and local mass media.

Section 4. REHABILITATION PROCEDURES

Article 84. Reception and classification stage

1. Follow through with procedures for receiving rehabilitating individuals according to regulations of rehabilitation facilities, voluntary rehabilitation service providers.

2. Collect personal information of rehabilitating individuals to develop rehabilitation plans, including: age, gender, health conditions, type of drugs used, level of drug use, education level, occupation, and other issues pertaining to their own person and their families in service of rehabilitation using Form No. 17 under Appendix V attached hereto.

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4. Classify rehabilitating individuals and advise development of rehabilitation plans using Form No. 18 under Appendix V attached hereto.

5. Individuals in charge of reception and classification shall have intermediate-level education or higher and receive professional training in rehabilitation.

6. Time limit for reception and classification: 2 days.

Article 85. Withdrawal management, detoxification, mental disorder treatment, and other medical condition treatment stage

1. Conduct medical examination, file medical record according to regulation on medial examination and treatment; develop level and conditions of narcotic substance use of rehabilitating individuals in order to enable development and application of withdrawal management and detoxification regimens; detection of signs of mental disorders, comobordities, and opportunistic diseases.

2. Develop and implement treatment regimens that combine medicine, psychological treatment, physiotherapy, recovery, treatment for withdrawal, detoxification and treatment for mental disorders and opportunistic diseases.

3. Provide psychological counseling for rehabilitating individuals prior to withdrawal management and detoxification.

4. Execution of withdrawal management, detoxification, mental disorder treatment, other medical condition treatment stage shall conform to specialized guidelines of the Ministry of Health.

5. Individuals in charge of specialized matters, executing withdrawal management, detoxificaiton, mental disorder treatment, other medical condition treatment stage that are doctors, in possession of medical examination and treatment practicing license in psychiatric department or general department or internal medicine department or traditional medicine department. Doctors who are in possession of medical examination and treatment practicing license in general department or internal medicine department or traditional medicine department must undergo professional and specialized training pertaining to withdrawal training, detoxification, and mental disorder treatment at capable training facilities.

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Article 86. Education, counseling stage for behavior and personality recovery

1. Arrange formal education courses, literacy classes, classes specializing in: character education, health and community, law, politics, morals, tradition, and other subject matters appropriate to quantity and education level of rehabilitating individuals.

2. Arrange psychotherapeutic activities in order to treat mental disorders, improve life skills, value, positive thinking, and self-discipline for rehabilitating individuals.

3. Combine learning, treatment with counseling, encouraging rehabilitating individuals to engage in physical work and daily activities at rehabilitation facilities to create good awareness and habit in daily life.

4. Arrange cultural, artistic, sports activities, group programs and physical activities for rehabilitating individuals.

5. Individuals in charge of education and counseling for behavior and personality recovery stage must have intermediate-level education or higher, undergo professional training in rehabilitation, psychological counseling, behavior recovery, and management skills.

6. Minimum duration of education and counseling for behavior and personality recovery shall be 3 months.

Article 87. Therapeutic working and vocational training stage

1. Arrange therapeutic activities to help rehabilitating individuals improve physical, mental health, strengthen organized, disciplined mindset in labor, strengthen independence, and be aware of value of labor.

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3. Therapeutic working and vocational training stage shall start after withdrawal management, detoxification, mental disorder treatment, and other medical condition treatment stage and last until the end of rehabilitation process.

Article 88. Preparation for society reintegration stage

1. Evaluate results of rehabilitation plans based on objectives; evaluate physical and mental health of rehabilitating individuals.

2. Determine residence of rehabilitating individuals in order to prepare for post-rehabilitation management; recommend solutions for preventing relapse to individuals completing rehabilitation recommend skills on how to reject narcotic substance use after reintegrating with society.

3. Provide information on post-rehabilitation management at community and reintegration support policies of the Government pertaining to rehabilitated individuals; introduce, provide information, address of social affair services, peer activity groups for rehabilitating individuals.

4. Popularize policies, regulations, socio-economic situations, labor market, advice, life skills, psychological assistance, support in legal procedures in order to prepare for necessary knowledge, improve rehabilitating individuals’ skills to deal with difficulties and issues at their discretion.

5. Guide rehabilitating individuals to develop reintegration plans using Form No. 19 under Appendix V attached hereto. Reintegration plans must identify objectives and desires of rehabilitating individuals, practical situations, support of resources, capacity of the rehabilitating individuals, job selection appropriate to health and working skills of the rehabilitating individuals.

6. Individuals exercising preparation for society reintegration stage must have intermediate-level education or higher and undergo training, advanced training in rehabilitation.

7. Duration of preparation for society reparation stage shall be 30 days before rehabilitation program ends.

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Section 5. PROCEDURES FOR REGISTRATION AND DECISION ON VOLUNTARY REHABILITATION OR SUBTITUTION THERAPY

Article 89. Registration for voluntary rehabilitation or substitution therapy

1. In respect of individuals confirmed to have narcotic substance dependence:

a) Where individuals with confirmed narcotic substance dependence have stable residence, within 24 hours from the moment in which competent authorities determine that they have narcotic substance dependence, substance-dependent individuals from 18 years of age or older or parents, guardians, legal representatives of substance-dependent individuals from 12 years of age to less than 18 years of age must register voluntary rehabilitation or substitution therapy to commune-level police authorities of administrative divisions where they reside. Where failure to comply with the aforementioned time limit is caused by force majeure, the time limit shall start again from the moment in which force majeure ends according to decision of competent authorities.

b) Where individuals with confirmed narcotic substance dependence do not have stable residence, within 24 hours from the moment in which competent authorities determine that they have narcotic substance dependence, substance-dependent individuals from 18 years of age or older or parents, guardians, legal representatives of substance-dependent individuals from 12 years of age to less than 18 years of age must register voluntary rehabilitation to commune-level police authorities of administrative divisions where illicit drug use was discovered and undergo voluntary rehabilitation at public rehabilitation facilities and reformatories.

2. Procedures and application for substitution therapy shall conform to regulations of the Government.

Where eligibility to participate in substitution therapy, within 24 hours, substitution therapy facilities shall send notice of reception for substitution therapy to commune-level police authorities where concerned individuals register substitution therapy.

3. Application for voluntary rehabilitation consists of:

a) Personal background of individuals applying for rehabilitation using Form No. 33 under Appendix V attached hereto;

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c) 1 copy of verification of narcotic substance dependence issued by competent medical establishments;

Where drug addicts who are currently receiving substitution therapy apply for voluntary rehabilitation, they shall submit 1 copy of verification of ongoing treatment issued by substitution therapy facilities using Form No. 35 under Appendix V attached hereto;

d) 1 copy of any personal identification documents of drug addicts: 9-digit ID Card, 12-digit ID Card, passport, VNeID account;

dd) Documents of figureheads of commune-level police authorities requesting admission to public rehabilitation facilities or reformatories if drug addicts apply for rehabilitation at public rehabilitation facilities or reformatories.

4. Procedures for registering voluntary rehabilitation:

Drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age shall submit application under Clause 3 of this Article:

a) in person at designated location of commune-level police authorities of administrative divisions where drug addicts reside or where illicit drug use is found together with original copies of personal identification; or

b) online via National public service portal or national identification application in which case drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age have the responsibility to store all original copies of the application and assume legal responsibility for authenticity of the application.

Drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age may use information available on database instead of physical documents in administrative procedures according to regulations of the Government on reduction, simplification of administrative procedures based on data.

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Article 90. Reception of application for voluntary rehabilitation

1. Commune-level police authorities shall prepare location and personnel to receive application and provide guidelines for applying for voluntary rehabilitation.

2. Application location for voluntary rehabilitation shall be outfitted with working tables, chairs, computers, file cabinets for receiving and storing application.

3. Online application via webportal or website or digital platform shall conform to guidelines of the Ministry of Public Security.

Article 91. Decision on voluntary rehabilitation

1. Within 24 hours from the moment in which commune-level police authorities receive application for voluntary rehabilitation, commune-level police authorities have the responsibility to examine application for voluntary rehabilitation and issue decision on voluntary rehabilitation.

2. Decision on voluntary rehabilitation shall use Form No. 22 under Appendix V attached hereto and be sent to:

a) Drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age in which case record of delivery shall be filed using Form No. 23 under Appendix V attached hereto;

b) Directors of provincial police authorities in case drug addicts attend voluntary rehabilitation at public rehabilitation facilities or reformatories;

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Section 6. ARRANGEMENT OF VOLUNTARY REHABILITATION

Article 92. Reception of community-based or family-based voluntary rehabilitation, rehabilitation at private rehabilitation facilities

1. Reception of community-based or family-based voluntary rehabilitation:

a) Where drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age register for community-based or family-based voluntary rehabilitation, commune-level police authorities shall file record of reception for registration for community-based or family-based voluntary rehabilitation using Form No. 24 under Appendix V attached hereto.

Individuals undergoing community-based or family-based voluntary rehabilitation must issue written commitment pertaining to strict compliance with management and supervision solutions.

Where rehabilitating individuals are 12 years of age to less than 18 years of age, such written commitment must include verification of parents or guardians or legal representatives according to Form No. 25 of Appendix V attached hereto;

b) Voluntary rehabilitation service providers shall examine decision on community-based or family-based voluntary rehabilitation; cross examine and advise rehabilitation plans; communicate available rehabilitation service, rehabilitation service fees and support policies for rehabilitating individuals (if any);

c) Where individuals currently undergoing community-based or family-based voluntary rehabilitation change residence after being admitted to rehabilitation program, they must inform commune-level police authorities that issue decision on voluntary rehabilitation; commune-level police authorities of administrative divisions where rehabilitating individuals move away from have the responsibility to send notice and dossiers on rehabilitating individuals to commune-level police authorities of administrative divisions where rehabilitating individuals move to within 24 hours from the date on which they move for listing and further monitoring.

The dossiers consist of: Written notice and request for further management and monitoring of individuals undergoing community-based or family-based voluntary rehabilitation using Form No. 26 under Appendix V attached hereto; decision on voluntary rehabilitation; record of reception for registration for community-based or family-based voluntary rehabilitation.

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2. Reception of rehabilitation at private rehabilitation facilities:

a) Drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age shall submit 1 copy of decision on voluntary rehabilitation of commune-level police authorities and present original copies of any personal identification documents for comparison;

b) Private rehabilitation facilities shall: examine decision on voluntary rehabilitation; cross-check information and advise rehabilitation plans; communicate available rehabilitation services, rehabilitation service fees, and support policies for rehabilitating individuals (if any);

c) Drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age shall enter into rehabilitation service agreements with representatives of private rehabilitation facilities using Form No. 29 under Appendix V attached hereto;

d) Private rehabilitation facilities shall file record of reception for voluntary rehabilitation using Form No. 24 under Appendix V attached hereto;

Each copy of record of reception for voluntary rehabilitation shall be sent to drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age and commune-level police authorities that issue decision on voluntary rehabilitation.

Article 93. Completion of community-based or family-based voluntary rehabilitation

1. Voluntary rehabilitation service providers shall issue written confirmation of rehabilitation completion using Form No. 27 under Appendix V attached hereto to:

a) Drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age in which case record of delivery shall be filed using Form No. 23 under Appendix V attached hereto;

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2. At least 30 days prior to completion of community-based or family-based voluntary rehabilitation period, individuals tasked with psychological counseling, social affairs, management, and assistance for individuals undergoing voluntary rehabilitation have the responsibility to notify commune-level police authorities of administrative divisions where rehabilitating individuals reside using Form No. 51 under Appendix V attached hereto.

3. Upon expiry of community-based or family-based voluntary rehabilitation period, individuals tasked with psychological counseling, social affairs, management, and assistance for individuals undergoing community-based or family-based voluntary rehabilitation shall evaluate voluntary rehabilitation results and request figureheads of commune-level police authorities of administrative divisions where drug addicts live to issue written confirmation of rehabilitation completion using Form No. 28 under Appendix V attached hereto.

4. Within 24 hours before rehabilitating individuals complete procedures under Clause 1 and Clause 2 Article 29 of the Law on Prevention and Control of Narcotic Substances, figureheads of commune-level police authorities of administrative divisions where drug addicts live have the responsibility to:

a) issue written confirmation of completion of community-based or family-based voluntary rehabilitation. Written confirmation of completion of community-based or family-based voluntary rehabilitation shall be sent to drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age in which case record of deliver shall be filed using Form No. 23 under Appendix V attached hereto; commune-level police authorities of administrative divisions where rehabilitating individuals register voluntary rehabilitation; individuals tasked with psychological counseling, social affairs, management, and assistance for individuals undergoing community-based or family-based voluntary rehabilitation;

b) notify and issue decision on post-rehabilitation management to individuals completing rehabilitation and file record of delivery using Form No. 23 under Appendix V attached hereto.

Article 94. Conclusion of agreement for rehabilitation at private rehabilitation facilities

1. Prior to conclusion of rehabilitation service according to contracts, private rehabilitation facilities shall evaluate rehabilitation results; cooperate with rehabilitating individuals of 18 years of age or older or parents, guardians, legal representatives of rehabilitating individuals of 12 years of age to less than 18 years of age in order to proceed with procedures for contract settlement as per the law.

2. At least 30 days prior to contract expiry, figureheads of private rehabilitation facilities have the responsibility to notify commune-level police authorities of administrative divisions where rehabilitating individuals live using Form No. 51 under Appendix V attached hereto.

3. Within 24 hours before rehabilitating individuals complete rehabilitation period and procedures under Clause 1 and Clause 2 Article 29 of the Law on Prevention and Control of Narcotic Substances, figureheads of private rehabilitation facilities have the responsibility to:

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Written confirmation of completion shall be sent to drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age;

b) notify and issue decision on post-rehabilitation management to individuals completing rehabilitation and file record of delivery using Form No. 23 under Appendix V attached hereto.

4. Within 24 hours before rehabilitating individuals complete at least 3 stages under Points a, b, and c Clause 2 Article 29 of the Law on Prevention and Control of Narcotic Substances, figureheads of private rehabilitation facilities have the responsibility to issue written confirmation of completed rehabilitation period and procedures to rehabilitating individuals using Form No. 30 under Appendix V attached hereto and notify commune-level police authorities of administrative divisions where rehabilitating individuals live.

Written confirmation of completed rehabilitation time and procedures shall be sent to drug addicts of 18 years of age or older or parents, guardians, legal representatives of drug addicts of 12 years of age to less than 18 years of age in which case record of delivery shall be filed in a manner compliant with Form No. 23 under Appendix V attached hereto.

Article 95. Implementation of decision on voluntary rehabilitation at public rehabilitation facilities and reformatories

1. Within 24 hours from the moment in which decision on voluntary rehabilitation is issued, figureheads of commune-level police authorities shall send documents requesting public rehabilitation facilities and reformatories to receive rehabilitating individuals and decision under Clause 1 Article 91 hereof to directors of provincial police authorities.

2. Within 24 hours from the moment in which directors of provincial police authorities receive requesting documents of figureheads of commune-level police authorities, directors of provincial police authorities shall:

a) Decide on affiliated public rehabilitation facilities which receive voluntary rehabilitating individuals.

Where affiliated public rehabilitation facilities are incapable of receiving voluntary rehabilitating individuals, directors of provincial police authorities shall send documents requesting Director of Counter-Narcotics Police Department to choose public rehabilitation facilities of other provinces and cities to receive voluntary rehabilitating individuals;

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3. Within 24 hours from the moment in which requesting documents of directors of provincial police authorities are received:

a) Director of Counter-Narcotics Police Department shall choose public rehabilitation facilities of other provinces to receive voluntary rehabilitating individuals;

b) Director of Police Department of Management of Prisons, Mandatory Correctional Facilities and Reform Schools shall choose reformatories to receive voluntary rehabilitating individuals from 12 years of age to less than 18 years of age.

4. Decision of competent authorities on selection of public rehabilitation facilities and reformatories for reception of voluntary rehabilitating individuals must be immediately sent to figureheads of commune-level police authorities or directors of provincial police authorities in order to facilitate admission of rehabilitating individuals to public rehabilitation facilities and reformatories.

Article 96. Reception of voluntary rehabilitating individuals to public rehabilitation facilities and reformatories

1. Upon reception, public rehabilitation facilities and reformatories must examine and cross-check admitted individuals against documents; file record of delivery with initial police authorities using Form No. 31 under Appendix V attached hereto.

2. Reception documents provided by police authorities that admit rehabilitating individuals to voluntary rehabilitation consist of:

a) 1 copy of decision on voluntary rehabilitation;

b) 1 copy of application for voluntary rehabilitation compliant with Clause 3 Article 89 hereof;

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Article 97. Completion of voluntary rehabilitation at public rehabilitation facilities, reformatories

1. At least 30 days before voluntary rehabilitation period ends, figureheads of public rehabilitation facilities, principals of reformatories have the responsibility to inform commune-level police authorities of administrative divisions where drug addicts of 18 years of age or older live or parents, guardians, or legal representatives of drug addicts from 12 years of age to less than 18 years of age about the date on which voluntary rehabilitation ends using Form No. 51 under Appendix V attached hereto.

2. Within 24 hours before rehabilitating individuals finish voluntary rehabilitation, figureheads of public rehabilitation facilities and principals of reformatories have the responsibility to:

a) issue written confirmation of completion of voluntary rehabilitation using Form No. 30 under Appendix V attached hereto.

Written confirmation of completion of voluntary rehabilitation shall be sent to Chairpersons of commune-level People’s Committees, figureheads of commune-level police authorities of administrative divisions where rehabilitated individuals live, to drug addicts of 18 years of age or older, or to parents, guardians, legal representatives of drug addicts from 12 years of age to less than 18 years of age;

b) notify and issue decision on post-rehabilitation management to individuals completing rehabilitation and file record of delivery using Form No. 23 under Appendix V attached hereto.

3. Individuals completing decision on voluntary rehabilitation shall be eligible for a refund of payments and items that they previously deposited, certificate of formal education, vocational education and training (if any), travel costs, travel meal costs, and travel clothes.

Section 7. MANAGEMENT OF DRUG ADDICTS DURING PREPARATION OF DOCUMENTS FOR COMPULSORY REHABILITATION

Article 98. Decision and duration of management

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Such decision shall be sent to drug addicts of 18 years of age or older or parents, guardians, or legal representatives of drug addicts from 12 years of age to less than 18 years of age, and the nearest public rehabilitation facilities and reformatories.

2. Such decision must include: date of decision; full name and title of person making decision; name, address of facilities where concerned drug addicts are transferred to; full name, date of birth, and residence of concerned drug addicts; causes and duration of management.

3. Duration of management shall start from the moment in which commune-level police authorities issue decision on transferring concerned drug addicts to public rehabilitation facilities and reformatories.

Article 99. Implementation of decision on management

1. Commune-level police authorities that issue the decision have the responsibility to transfer drug addicts to the nearest public rehabilitation or reformatories for management.

2. Transfer documents consist of:

a) 1 decision on transfer of drug addicts for management during preparation of documents for compulsory rehabilitation to public rehabilitation facilities and reformatories in accordance with Article 98 hereof;

b) 1 summarized personal background of drug addicts placed under management verified by documenting agencies using Form No. 33 under Appendix V attached hereto.

3. Transfer procedures:

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b) Representatives of public rehabilitation facilities or reformatories shall examine documents of concerned individuals placed under management, cross-check against information on documents, ensure proper individuals, and file delivery records using Form No. 31 under Appendix V attached hereto.

Section 8. PROCEDURES FOR FILING DOCUMENTS ON ADOPTION OF ADMINISTRATIVE PENALTY THAT IS COMPULSORY REHABILITATION

Article 100. Preparation of documents requesting administrative penalty that is compulsory rehabilitation

1. Within 1 working day from the date on which drug addicts consistent with Clause 1 Article 35 of the Law on Prevention and Control of Narcotic Substances are found, figureheads of commune-level police authorities shall file documents requesting compulsory rehabilitation.

2. Determination of residence of drug addicts shall conform to Article 58 hereof.

Article 101. Document composition

1. In respect of drug addicts of 18 years of age with stable residence:

a) 1 summarized personal background of individuals subject to compulsory rehabilitation using Form No. 33 under Appendix V attached hereto;

b) 1 notice of offense in case of any violation under Clause 1 Article 35 of the Law on Prevention and Control of Narcotic Substances using Form No. 34 under Appendix V attached hereto;

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d) Documents of figureheads of commune-level police authorities requesting compulsory rehabilitation using Form No. 36 under Appendix V attached hereto and other relevant documents (if any).

2. In respect of drug addicts of 18 years of age without stable residence:

a) Documents under Clause 1 of this Article;

b) Documents determining that drug addicts do not have stable residence issued by competent police authorities.

Article 102. Notice pertaining to document preparation and procedures for transferring documents requesting compulsory rehabilitation

1. After completing the requesting documents, commune-level police authorities that prepare documents shall inform individuals to be placed under compulsory rehabilitation or their legal representatives in writing about document preparation and 1 copy of the documents using Form No. 37 under Appendix V attached hereto.

2. Written notice pertaining to preparation of documents requesting compulsory rehabilitation consists of:

a) Full name of offenders;

b) Reasons for requesting documents;

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d) Time to read the documents.

3. Drug addicts or legal representatives thereof, within 3 working days from the date on which they receive the notice, have the right to read the documents and record necessary details.

4. Figureheads of commune-level police authorities shall, within 1 working day from the date on which time to read the documents under Clause 3 of this Article expires, transfer documents to local People’s Courts to request adoption of compulsory rehabilitation.

Documents requesting compulsory rehabilitation must be numbered and duplicated to 2 copies where the original copies are transferred to local People’s Courts whereas duplicates are kept at commune-level police authorities in accordance with archival laws.

5. Where local People’s Courts issue documents requesting clarification of the documents, within 2 working days from the date on which figureheads of commune-level police authorities receive the request, figureheads of commune-level police authorities have the responsibility to respond in writing and provide justification.

Section 9. PROCEDURES FOR PREPARING DOCUMENTS REQUESTING COMPULSORY REHABILITATION FOR DRUG ADDICTS FROM 12 YEARS OF AGE TO LESS THAN 18 YEARS OF AGE

Article 103. Preparation of documents requesting compulsory rehabilitation for drug addicts from 12 years of age to less than 18 years of age

1. Within 1 working day from the date on which drug addicts consistent with Clause 1 Article 36 of the Law on Prevention and Control of Narcotic Substances are found, figureheads of commune-level police authorities shall file documents requesting compulsory rehabilitation for individuals from 12 years of age to less than 18 years of age.

2. Determination of residence of drug addicts shall conform to Article 58 hereof.

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1. In respect of drug addicts from 12 years of age to less than 18 years of age with stable residence:

a) 1 summarized personal background of individuals to be placed under compulsory rehabilitation for individuals from 12 years of age to less than 18 years of age using Form No. 33 under Appendix V attached hereto;

b) 1 notice of offense in case of any violation under Clause 1 Article 36 of the Law on Prevention and Control of Narcotic Substances using Form No. 34 under Appendix V attached hereto;

c) 1 copy of determination results of narcotic substance dependence issued by competent facilities eligible to determine narcotic substance dependence or confirmation of facilities providing substitution therapy using Form No. 35 under Appendix V attached hereto;

d) 1 written statement of drug addicts or legal representatives thereof using Form No. 38 under Appendix V attached hereto;

Where drug addicts are illiterate, personnel of agencies that prepare documents shall record verbal statement of drug addicts to replace written statement using Form No. 58 of Appendix V attached hereto.

dd) 1 written remarks of parents, guardians, or legal representatives using Form No. 39 under Appendix V attached hereto;

e) Where drug addicts intentionally refuse to write statement or where parents, guardians, or legal representatives fail to provide written remarks, police authorities shall record non-compliance to replace written statement while being witnessed by individuals of 18 years of age or older with legal capacity using Form No. 40 under Appendix V attached hereto;

g) Documents of figureheads of commune-level police authorities requesting compulsory rehabilitation using Form No. 36 under Appendix V attached hereto and other relevant documents (if any).

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2. In respect of drug addicts from 12 years of age to less than 18 years of age without stable residence:

a) Documents under Clause 1 of this Article;

b) Documents determining that drug addicts do not have stable residence issued by competent police authorities.

Article 105. Notice pertaining to preparation of documents, procedures for transferring documents requesting compulsory rehabilitation for individuals from 12 years of age to less than 18 years of age

1. After completing the requesting documents, commune-level police authorities that prepare documents shall inform individuals to be placed under compulsory rehabilitation and their parents, guardians, or legal representatives in writing about document preparation and attach 1 copy of the documents using Form No. 37 under Appendix V attached hereto.

2. Written notice pertaining to preparation of documents requesting compulsory rehabilitation consists of:

a) Full name of offenders;

b) Reasons for requesting documents;

c) Rights of individuals to whom the documents are served;

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3. Drug addicts and parents, guardians, or legal representatives thereof, within 3 working days from the date on which they receive the notice, have the right to read the documents and record necessary details.

Where parents, guardians, or legal representatives fail to receive the notice, police authorities shall file record of failure to receive the notice while being witnessed by individuals of 18 years of age or older with legal capacity using Form No. 41 under Appendix V attached hereto;

4. Figureheads of commune-level police authorities shall, within 1 working day from the date on which time to read the documents under Clause 3 of this Article expires, transfer documents to local People’s Courts to request adoption of compulsory rehabilitation.

Documents requesting compulsory rehabilitation must be numbered and duplicated to 2 copies where the original copies are transferred to local People’s Courts whereas duplicates are kept at commune-level police authorities in accordance with archival laws.

5. Where local People’s Courts issue documents requesting clarification of the documents, within 2 working days from the date on which figureheads of commune-level police authorities receive the request, figureheads of commune-level police authorities have the responsibility to respond in writing and provide justification.

Section 10. IMPLEMENTATION OF DECISION ON COMPULSORY REHABILITATION

Article 106. Decision on public rehabilitation facilities and reformatories to receive drug addicts placed under compulsory rehabilitation

1. Within 24 hours from the date on which figureheads of commune-level police authorities that prepare documents requesting compulsory rehabilitation receive decision on compulsory rehabilitation from local People’s Courts, figureheads of commune-level police authorities shall send requesting official dispatch and decision of local People’s Court to directors of provincial police authorities.

2. Within 24 hours from the moment in which directors of provincial police authorities receive requesting documents of figureheads of commune-level police authorities, directors of provincial police authorities have the responsibility to:

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Where affiliated public rehabilitation facilities are incapable of receiving compulsory rehabilitating individuals, directors of provincial police authorities shall send documents requesting Director of Counter-Narcotics Police Department to choose public rehabilitation facilities of other provinces and cities to receive compulsory rehabilitating individuals;

b) Send documents requesting Director of Police Department of Management of Prisons, Mandatory Correctional Facilities and Reform Schools to choose reformatories to receive compulsory rehabilitating individuals from 12 years of age to less than 18 years of age.

3. Within 24 hours from the moment in which requesting documents of directors of provincial police authorities are received:

a) Director of Counter-Narcotics Police Department shall decide on public rehabilitation facilities to receive compulsory rehabilitating individuals;

b) Director of Police Department of Management of Prisons, Mandatory Correctional Facilities and Reform Schools shall choose reformatories to receive compulsory rehabilitating individuals from 12 years of age to less than 18 years of age.

4. Decision on public rehabilitation facilities and reformatories to receive drug addicts placed under compulsory rehabilitation of competent authorities must be sent to figureheads of commune-level police authorities or directors of provincial police authorities, designated rehabilitation facilities, reformatories in order to arrange transportation of drug addicts to public rehabilitation facilities and reformatories within 24 hours from the moment in which decision is issued.

Article 107. Arrangement of transport for individuals placed under compulsory rehabilitation

1. Commune-level police authorities that prepare the documents, within 24 hours from the moment on which they receive decision on public rehabilitation facilities and reformatories to receive individuals placed under compulsory rehabilitation, have the responsibility to transport drug addicts to public rehabilitation facilities and reformatories.

Where individuals placed under compulsory rehabilitation are being kept in public rehabilitation facilities and reformatories assigned to receive them, figureheads of public rehabilitation facilities and principals of reformatories shall inform drug addicts and implement compulsory rehabilitation.

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3. Where failure to comply with the time limit under Clause 1 of this Article is caused by force majeure, the time limit shall start again from the moment in which force majeure ends according to decision of competent authorities.

4. Where drug addicts subject to decision on compulsory rehabilitation escape, duration in which they escape shall not be included in rehabilitation duration. Where escaping individuals are caught by the authorities, they must continue to comply with decision on compulsory rehabilitation.

Article 108. Procedures for receiving individuals placed under compulsory rehabilitation

1. Public rehabilitation facilities and reformatories shall, upon receiving individuals placed under compulsory rehabilitation, examine and cross-check the individuals against received documents and personal documents; conduct preliminary health examination and file record of delivery using Form No. 42 under Appendix V attached hereto.

Record of delivery must specify health conditions; quantity of documents; personal belongings of individuals placed under compulsory rehabilitation.

2. Documents on reception of individuals placed under compulsory rehabilitation consist of:

a) Decision on compulsory rehabilitation of local People’s Courts, decision on public rehabilitation facilities, reformatories to receive individuals placed under compulsory rehabilitation;

b) Summarized personal background of individuals placed under compulsory rehabilitation filed by agencies that prepare documents.

Article 109. Search for escaping drug addicts

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2. Where drug addicts under management during preparation of documents for compulsory rehabilitation escape, figureheads of public rehabilitation facilities and principals of reformatories shall issue decision on search operations using Form No. 43 of Appendix V attached hereto.

3. Duration in which individuals placed under compulsory rehabilitation escape shall not be included in duration of decision on compulsory rehabilitation.

Section 11. DELAY, EXEMPTION, TEMPORAY SUSPENSION, TEMPORARY REMOVAL OF REHABILITATING INDIVIDUALS FROM PUBLIC REHABILITATION FACILITIES AND REFORMATORIES

Article 110. Delay, exemption, temporary suspension from compliance with decision on compulsory rehabilitation

1. Where drug addicts of 18 years of age or older or parents, guardians, or legal representatives of drug addicts from 12 years of age to less than 18 years of age to comply with decision on compulsory rehabilitation are eligible for delay, exemption from complying with decision on compulsory rehabilitation according to Clause 1 and Clause 2 Article 39 of the Law on Prevention and Control of Narcotic Substances, they shall file application consistent with Form No. 44 and Form No. 45 under Appendix V attached hereto to competent local People’s Courts.

2. Where individuals currently complying with decision at rehabilitation facilities and reformatories are eligible for temporary suspension or exemption from compliance according to Clause 3 Article 39 of the Law on Prevention and Control of Narcotic Substances, figureheads of rehabilitation facilities and principals of reformatories shall file written request using Form No. 46 under Appendix V attached hereto to competent local People’s Courts.

3. Where drug addicts of 18 years of age or older or parents, guardians, or legal representatives of drug addicts from 12 years of age to less than 18 years of age to comply with decision on voluntary rehabilitation are eligible for delay, exemption from complying with decision on voluntary rehabilitation according to Clause 1 and Clause 2 Article 39 of the Law on Prevention and Control of Narcotic Substances, they shall file Form No. 44 and Form No. 45 under Appendix V attached hereto to directors of provincial police authorities that issue decision.

4. Where individuals currently complying with decision at rehabilitation facilities and reformatories are eligible for temporary suspension or exemption from compliance according to Clause 3 Article 39 of the Law on Prevention and Control of Narcotic Substances, figureheads of rehabilitation facilities and principals of reformatories shall file written request using Form No. 46 under Appendix V attached hereto to directors of provincial police authorities.

5. Submission of request for delay, exemption, temporary suspension must be accompanied by document proof.

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1. At request of competent criminal proceeding agencies, figureheads of public rehabilitation facilities and principals of reformatories shall decide on temporary removal of rehabilitating individuals from public rehabilitation facilities and reformatories for proceeding in cases related to the individuals using Form No. 47 under Appendix V attached hereto.

Decision on temporary removal of rehabilitating individuals from public rehabilitating facilities and reformatories shall be sent to directors of provincial police authorities and Police Department of Management of Prisons, Mandatory Correctional Facilities and Reform Schools.

2. Agencies that request removal of rehabilitating individuals from public rehabilitation facilities and reformatories have the responsibility to transport rehabilitating from and back to public rehabilitation facilities and reformatories in a timely manner. Delivery of rehabilitating individuals must be recorded in writing using Form No. 42 of Appendix V attached hereto.

During periods in which rehabilitating individuals are temporarily removed from public rehabilitation facilities and reformatories, requesting agencies are responsible for managing the rehabilitating individuals.

3. Where extension is required, figureheads of criminal proceeding agencies shall request deputies of investigating police departments of provincial police authorities to extend.

4. Duration in which rehabilitating individuals are temporarily removed from location where they comply with administrative penalties is still included in the duration of the administrative penalties.

Section 12. REGULATIONS PERTAINING TO DRUG ADDICTS PLACED UNDER COMPULSORY REHABILITATION AT PUBLIC REHABILITATION FACILITIES

Article 112. Management

1. Individuals placed under compulsory rehabilitation must rehabilitate, study, work, and navigate daily life under management and supervision of public rehabilitation facilities.

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Article 113. Meal, clothing, and personal belongings of rehabilitating individuals

1. Monthly meal allowance of rehabilitating individuals equals 0,8 times the applicable statutory pay rate. Additional meal allowance for rehabilitating individuals shall be increased up to 3 times that of normal days in case of national holiday and calendar New Year; additional meal allowance for rehabilitating individuals shall be increased up to 5 times that of normal days in case of Lunar New Year. Meal allowance for ill rehabilitating individuals shall be decided by figureheads of public rehabilitation facilities according to direction of medical personnel in charge and shall not be lower than 3 times the meal allowance of normal days.

2. Annual regimes pertaining to clothing and personal belongings of rehabilitating individuals shall be as follows:

a) 2 sets of long suits;

b) 2 sets of short-sleeves suits;

c) 2 sets of undergarment;

d) 2 pairs of plastic slippers;

dd) 1 nylon raincoat;

e) 1 fabric hat;

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h) 3 toothbrushes;

i) 2 personal mattresses;

k) 800 g of toothpaste;

l) 3,6 kg of soap;

m) 800 ml of shampoo.

Drug addicts shall, upon admitted to public rehabilitation facilities, be provided with 1 curtain, 1 blanket, 1 cotton pillow. In respect of public rehabilitation facilities from Da Nang City to the Northern Region, each rehabilitating individual shall also be provided with 1 overcoat, 2 pairs of socks, and 1 duvet of which cover is not heavier than 2 kg for use in 2 years.

3. Female rehabilitating individuals shall be provided with necessary items for personal hygiene, the value of which does not exceed VND 90.000/person/month.

4. Rehabilitating individuals who are engaged in work and vocational education and training in respect of work where personal protective equipment is required by the law shall also be provided with 2 sets of personal protective equipment and clothing.

5. The Minister of Public Security shall prescribe sample uniform, protective equipment and clothing provided for rehabilitating individuals.

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Article 114. Medical examination and treatment

1. Public rehabilitation facilities must arrange periodic health examination for rehabilitating individuals at least once per year and frequently take actions to prevent diseases, HIV/AIDS infection and spread, and other infectious diseases for rehabilitating individuals.

2. Ill rehabilitating individuals shall receive treatment from medical departments of public rehabilitating facilities. Where illnesses of rehabilitating individuals exceed treatment capability of medical departments of public rehabilitation facilities, rehabilitating individuals shall be referred to medical examination and treatment facilities or granted temporary suspension in order to return to residence for treatment using Form No. 46 under Appendix V attached hereto Figureheads of public rehabilitation facilities must report to provincial police authorities and inform parents or guardians of rehabilitating individuals.

3. Payment for treatment costs:

a) Where rehabilitating individuals are granted temporary suspension from decision implementation and return to residence for treatment, medical examination and treatment costs shall be incurred by families of rehabilitating individuals;

b) Where rehabilitating individuals have health insurance, medical examination and treatment costs shall be covered by health insurance as per the law.

Where rehabilitating individuals do not have health insurance, medical examination and treatment costs shall be covered by state budget under expenditure estimates of rehabilitation facilities. Public rehabilitation facilities shall pay medical facilities where rehabilitating individuals receive treatment for medical examination and treatment costs;

c) Individuals receiving treatment at rehabilitation facilities or government medical examination and treatment establishments shall have their periodic medical examination costs, medicine costs for common illnesses, transport costs, and supervision costs covered by state budget.

Where rehabilitating individuals are injured by occupational accidents, natural disasters, or fire, rehabilitation facilities must provide treatment and proceed with support policies as per the law.

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5. Rehabilitating individuals, while being admitted to rehabilitation facilities, may receive medicine provided by their families as long as prescription compliant with specialized indication and must use such medicine under supervision of medical departments.

Article 115. Formal education

1. Rehabilitating individuals may attend classes for formal education appropriate to their education level. Depending on practical situations and capability, public rehabilitation facilities shall arrange and provide formal education as per the law. Public rehabilitation facilities have the responsibility to arrange literacy classes according to regulations of the Ministry of Education and Training.

2. Public rehabilitation facilities shall cooperate with local education and training authorities shall arrange end-of-semester exams, end-of-year exams, entrance exams, and issue certificate according to regulations of the Ministry of Education and Training.

Article 116. Vocational education and training

1. Rehabilitating individuals may participate in preliminary-level vocational education and training according to the Law on Vocational Education and Training.

2. Rehabilitation facilities may arrange preliminary-level vocational education and training, either at their discretion or by cooperating with vocational education and training facilities, for rehabilitating individuals in accordance with applicable vocational education and training laws.

Article 117. Occupational therapy

1. Duration of occupational therapy of rehabilitating individuals must not exceed 8 hours per day and 48 hours per week.

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Article 118. Management and use of occupational therapy results of rehabilitating individuals at public rehabilitation facilities

1. Management of results of occupational therapy of rehabilitating individuals at public rehabilitation facilities.

a) Public rehabilitation facilities must keep adequate system for storing accounting books, record and audit of expenditure and revenues that occur, and financial statements implemented in accordance with accounting regulations;

b) Reasonable costs include: Material costs; costs for hiring external employees (if any), electricity and water; costs for additional support, depreciation of fixed assets in service of arrangement of occupational therapy and other costs directly serving arrangement of occupational therapy of rehabilitating individuals.

2. Occupational results of rehabilitating individuals regarding the difference between revenues and expenditure where the former is greater than the latter less reasonable costs shall be retained as follows:

a) 30% of which is retained to cover meal allowance of rehabilitating individuals;

b) 20% of which is retained for daily expenses;

c) 20% of which is retained, kept by rehabilitation facilities, and handed over to rehabilitating individuals after they have completed compulsory rehabilitation;

d) 30% of which is retained for cultural, arts, sports activities and commendations for rehabilitating individuals.

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1. In addition to formal education, vocational education and training, and occupational therapy, public rehabilitation facilities shall arrange cultural, arts, sports activities, activities that involve reading books, newspapers, viewing television, and other recreational activities for rehabilitating individuals. Depending on practical situation and conditions, rehabilitation facilities may invite experts in fields of culture, arts, sports to provide guidelines, training for rehabilitating individuals who are gifted in these fields.

2. Each public rehabilitation facility may include a library; each sub-section of a public rehabilitation facility may include a reading room, a recreational area, sports building, sports yard to enable rehabilitating individuals to engage in physical training.

3. In addition to formal education, occupational therapy, and common activities, depending on religion of choice, rehabilitating individuals shall have access to religious texts legally printed, published, and issued once per week. Depending on religion of choice, rehabilitating individuals can register to officers at public rehabilitation facilities the use of religious texts, the expression of religious belief, personal religion at location and time stipulated by figureheads of public rehabilitation facilities without affecting other people. Public rehabilitation facilities have the responsibility to oversee religious texts before distributing them to rehabilitating individuals.

Article 120. Family visitation, communication, and monetary gifts

1. Family visitation

Rehabilitating individuals may be visited by their family members at designated visitation room of public rehabilitation facilities once per week, at most 45 minutes per visit, and at most 3 family members per visit. A longer visit must be approved by figureheads of public rehabilitation facilities where additional visitation time must not be greater than 15 minutes.

2. Communication

a) Rehabilitating individuals are allowed to send and receive letters via post. Letters shall be inspected prior to submission and receipt; rehabilitating individuals are not allowed to send or receive letters containing inappropriate details or details that do not conform to traditional value or educational value;

b) Rehabilitating individuals are allowed to communicate via telephone or visual, audio connection via electronic devices with family members in Vietnam under supervision of officers of public rehabilitation facilities while incurring monthly fees at most 4 times per month and at most 15 minutes each session. Where rehabilitating individuals wish to communicate with family members regarding issues pertaining to their lawful rights and benefits or education, figureheads of public rehabilitation facilities shall file decision on increased frequency and duration of communication with family members. Frequency of communication is increased at most by an additional 2 times per month; duration of communication is increased at most by additional 30 minutes per session. Rehabilitating individuals shall, before communicating with family members, register contents of the call according to regulations of public rehabilitation facilities. Where officers of public rehabilitation facilities discover contents of communication inconsistent with registered contents, communication will be terminated.

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Article 121. Bereavement

1. Where parents (both biological and in-law), spouses, or children of rehabilitating individual die, rehabilitating individuals are allowed to return home for bereavement purposes. Duration in which they return home for bereavement shall be at most 5 days, shall not include travel time, and shall be included in duration of decision compliance.

2. Procedures for processing bereavement:

a) Family of rehabilitating individuals shall submit application for bereavement leave of rehabilitating individuals together with death certificates of concerned family members under Clause 1 of this Article or confirmation of figureheads of commune-level police authorities of administrative divisions where funeral is held to figureheads of public rehabilitation facilities.

The application consists of: full name, ID card number or other document proof, residence, relationship with rehabilitating individuals, period of bereavement leave, and commitment to oversee, manage, and prevent rehabilitating individuals for illicitly using narcotic substances or committing other violations of the law during bereavement leave and is prepared using Form No. 48 under Appendix V attached hereto;

b) Within 24 hours from the date on which figureheads of public rehabilitation facilities receive application under Clause 1 of this Article, figureheads of public rehabilitation facilities have the responsibility to consider and grant bereavement leave.

Decision on bereavement leave must include: full name, period of bereavement leave; responsibility of family in transporting from and to rehabilitation facilities, overseeing rehabilitating individuals during bereavement leave. Such decision shall be sent to family of rehabilitating individuals and commune-level People's Committees of administrative divisions where rehabilitating individuals live for joint management and kept in dossiers on rehabilitating individuals using Form No. 49 under Appendix V attached hereto.

3. Families of rehabilitating individuals have the responsibility to pick up and transport rehabilitating individual to public rehabilitation facilities upon expiry of bereavement period and incur all relevant travel costs. Delivery of rehabilitating individuals between public rehabilitation facilities and families must be recorded using Form No. 23 under Appendix V attached hereto and kept in dossiers on rehabilitating individuals.

4. Rehabilitation facilities must conduct health examination and narcotic substance use examination upon receiving rehabilitating individuals. Where rehabilitating individuals fail to return to public rehabilitation facilities upon expiry of bereavement leave period, figureheads of public rehabilitation facilities shall issue decision on search operation in accordance with Article 109 hereof.

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1. Where rehabilitating individuals die during decision compliance, figureheads of public rehabilitation facilities shall inform investigating authorities, local People’s Procuracies of administrative divisions where public rehabilitation facilities are located, the nearest medical authorities, and family members of rehabilitating individuals in order to file record on cause of death.

Where deceased rehabilitating individuals do not have relatives or where relatives of deceased rehabilitating individuals are not present within 24 hours after being notified, public rehabilitation facilities shall file record as per the law.

2. Public rehabilitation facilities have the responsibility to immediately notify relatives of rehabilitating individuals for funeral procedures. Where deceased rehabilitating individuals do not have relatives or where relatives of deceased rehabilitating individuals are not present within 24 hours after being notified, figureheads of public rehabilitation facilities have the responsibility to arrange funeral for rehabilitating individuals the costs of which are covered by the Government.

Article 123. Expiry of compulsory rehabilitation period

1. At least 30 days before compulsory rehabilitation period ends, figureheads of public rehabilitation facilities have the responsibility to inform local People’s Courts that previously issued decision on compulsory rehabilitation, commune-level police authorities of administrative divisions where rehabilitating individuals with stable residence live or where rehabilitating individuals without stable residence will live after leaving rehabilitation, representatives of families of drug addicts of 18 years of age; parents, guardians, or legal representatives of drug addicts from 12 years of age to less than 18 years of age about the date on which they complete compulsory rehabilitation using Form No. 51 under Appendix V attached hereto.

2. Within 24 hours before rehabilitating individuals finish voluntary rehabilitation, figureheads of public rehabilitation facilities have the responsibility to:

a) issue written confirmation of completion of rehabilitation using Form No. 50 under Appendix V attached hereto and send copies thereof to local People’s Courts that previously issued decision on rehabilitation, commune-level People’s Committees and commune-level police authorities of administrative divisions where rehabilitating individuals with stable residence live or where rehabilitating individuals without stable residence will live after leaving rehabilitation, rehabilitating individuals from 18 years of age; parents, guardians, or legal representatives of rehabilitating individuals from 12 years of age to less than 18 years of age;

b) notify and issue decision on post-rehabilitation management to individuals completing rehabilitation and file record of delivery using Form No. 23 under Appendix V attached hereto.

3. Individuals fulfilling decision on rehabilitation shall reclaim money and belongings in deposit, degrees, certificate for formal education courses, vocational education and training courses (if any); receive allowances for travel, travel meals, and plain clothes.

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1. At least 15 days prior to expiry of compulsory rehabilitation, figureheads of public rehabilitation facilities shall file request for admission in local social protection facilities in case of:

a) Drug addicts from 12 years of age to less than 18 years of age without stable residence in which case they are admitted to social protection facilities after completing compulsory rehabilitation;

b) Drug addicts of 18 years of age or older of whose residence cannot be identified and who is no longer capable of working in which case they are admitted to social protection facilities after expiry of rehabilitation period at public rehabilitation facilities.

2. Documents and procedures for requesting referring individuals completing compulsory rehabilitation to social protection facilities:

a) Written confirmation of completion of rehabilitation;

b) Documents proving eligibility under Clause 6 Article 35 and Clause 6 Article 36 of the Law on Prevention and Control of Narcotic Substances;

c) Requesting official dispatches of figureheads of public rehabilitation facilities.

3. Figureheads of public rehabilitation facilities shall arrange admission of relevant individuals in social protection facilities.

4. Duration in which admitted individuals stay in social protection facilities shall be included in post-rehabilitation management period.

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1. Rehabilitating individuals successfully completing rehabilitation, education, training targets during compulsory rehabilitation shall be eligible for periodic or irregular commendation.

2. Rehabilitating individuals violating any regulation of rehabilitation facilities during compulsory rehabilitation shall, depending on nature and severity of the violations, be met with any of the following disciplinary actions:

a) Criticism;

b) Warning;

c) Admission to separate area for individuals violating regulations of rehabilitation facilities.

3. The Minister of Public Security shall prescribe regulations of public rehabilitation facilities.

Section 13. REGULATIONS FOR INDIVIDUALS FROM 12 YEARS OF AGE TO LESS THAN 18 YEARS OF AGE ATTENDING COMPULSORY REHABILITATION AT PUBLIC REHABILITATION FACILITIES AND REFORMATORIES

Article 126. Regulations for individuals from 12 years of age to less than 18 years of age attending compulsory rehabilitation at public rehabilitation facilities

Regulations on: management; meal, clothing, personal belongings; rehabilitation; medical examination and treatment, formal education; vocational education and training; occupational therapy; use of occupational therapy results; family visitation, communication, and gift; bereavement; commendation, disciplinary actions for individuals from 12 years of age to less than 18 years of age shall conform to Section 12 Chapter VI hereof.

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1. Individuals from 12 years of age to less than 18 years of age shall, while admitted to public rehabilitation facilities, pursue formal education according to programs of the Ministry of Education and Training. Formal education for individuals who have not completed primary education and lower-secondary education shall be mandatory; for individuals who have not finished lower-secondary education and upper-secondary education shall be arranged, depending on practical situations of rehabilitation facilities and demand of rehabilitating individuals, either in accordance with formal education program or continued education in lower-secondary level, continued education in upper-secondary level according to regulations of the Ministry of Education and Training.

2. Public rehabilitation facilities shall report to directors of provincial police authorities in order to cooperate with relevant education facilities in arranging studying, examination, assessment, tests, school transcript, issuing certificate of program completion, and issuing graduation degree according to regulations of the Ministry of Education and Training.

Article 128. Occupational therapy at public rehabilitation facilities

1. Rehabilitating individuals from 12 years of age to less than 18 years of age may participate in occupational therapy arranged by public facilities. Duration of occupational therapy is as follows:

a) In case of individuals from 12 years of age to less than 15 years of age: up to 4 hours per day; up to 20 hours per week;

b) In case of individuals from 15 years of age to less than 18 years of age: up to 6 hours per day; up to 30 hours per week.

2. For the purpose of arranging occupational therapy, rehabilitation facilities have the responsibility to assign work and workplace to rehabilitating individuals from 12 years of age to less than 18 years of age in accordance with regulations on employment for minors and occupational safety, hygiene laws.

Article 129. Regulations for individuals from 12 years of age to less than 18 years of age attending compulsory rehabilitation at reformatories

1. Individuals from 12 years of age to less than 18 years of age attending compulsory rehabilitation at reformatories shall be eligible for regulations applicable to individuals met with administrative penalty that is admission to reformatories.

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3. Procedures for referring individuals from 12 years of age to less than 18 years of age attending compulsory rehabilitation at reformatories to social protection facilities shall be conform to Article 124 hereof.

Section 14. PREREQUISITES AND POLICIES FOR REHABILITATION

Article 130. Prerequisites for community-based or family-based voluntary rehabilitation

1. Depending on number of individuals engaged in voluntary rehabilitation, Chairpersons of commune-level People’s Committees shall assign at least 1 person to provide psychological, social counseling, management, and assistance for individuals engaged in community-based or family-based voluntary rehabilitation using Form No. 59 under Appendix V attached hereto.

2. Expenditure on investment, renovation, upgrade of facilities, amenities, procurement of equipment for voluntary rehabilitation registration locations affiliated to commune-level police authorities shall be covered by state budget under annual budget expenditure of the Ministry of Public Security.

3. Expenditure on investment, renovation, upgrade of facilities, amenities, procurement of equipment for public service providers providing community-based or family-based rehabilitation shall be covered by local government budget according to decentralization of the Law on State Budget and other legal funding sources as per the law.

4. Expenditure on preparing documents, determining dependence in case of voluntary determination and applicants for voluntary rehabilitation; review of application for community-based or family-based voluntary rehabilitation; assistance for individuals tasked with providing psychological and social counseling, individuals tasked with managing, assisting individuals undergoing voluntary rehabilitation shall be covered by state budget according to decentralization of the Law on State Budget. Individuals tasked with providing psychological and social counseling, managing, assisting individuals undergoing community-based or family-based voluntary rehabilitation and individuals placed under post-rehabilitation facilities at commune-level administrative divisions shall be eligible for monthly salaries. The salaries shall equal at most 0,6 times the applicable statutory pay rate;

5. Expenditure amount and entries under Clause 4 of this Article shall conform to guidelines of the Minister of Finance.

Article 131 Support for individuals attending voluntary rehabilitation

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2. Individuals attending voluntary rehabilitation at public rehabilitation facilities or reformatories shall be eligible for regulations and policies applicable to individuals placed under compulsory rehabilitation and individuals met with administrative penalty that is admission to reformatories.

3. Funding for regulations and policies provided for individuals attending community-based or family-based voluntary rehabilitation, voluntary rehabilitation at private rehabilitation facilities shall be provided by local government according decentralization of the Law on State Budget and other legal funding sources as per the law.

Funding for community-based or family-based voluntary rehabilitation that follows through at most 3 stages under Article 84, 85, and 86 hereof at public rehabilitation facilities or reformatories shall be similar to regulations applicable to individuals placed under compulsory rehabilitation, individuals met with administrative penalty which involves admission to reformatories and annual budget estimates of the Ministry of Public Security.

4. Expenditure amount and entries under this Article shall conform to guidelines of the Minister of Finance.

Article 132. Prerequisites for compulsory rehabilitation

1. Funding covered by the state budget and annual budget estimates of the Ministry of Public Security includes:

a) Funding for investment and construction of facilities, procurement of equipment, instruments, operation of public rehabilitation facilities and reformatories;

b) Funding for document preparation; management of drug addicts during document preparation; admission of drug addicts to compulsory rehabilitation; referral of drug addicts between public rehabilitation facilities and reformatories; search for escaping drug addicts;

c) Funding for determination of narcotic substance dependence at medical facilities eligible for determination of narcotic substance dependence affiliated to people’s public security;

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dd) Funding for admission of individuals of 18 years of age or older with unidentified residence and without working capacity, individuals from 12 years of age to less than 18 years of age without stable residence upon completion of rehabilitation at public rehabilitation facilities and reformatories to social protection facilities;

e) Funding for clothes, personal belongings of rehabilitating individuals and contract employees.

2. Public rehabilitation and reformatories:

a) Receive physical, subject matter, technical assistance from People’s Committees of local administrative divisions, authorities, organizations and individuals in Vietnam and in other countries as per the law;

b) Cooperate with other agencies, enterprises, organizations, and individuals in Vietnam in arranging employment, vocational education and training for rehabilitating individuals as per the law in order to generate funding for assisting drug addicts during rehabilitation process at public rehabilitation facilities and reformatories.

3. Fundings under this Article must not overlap other fundings covered by state budget.

Article 133. Regulations for contract employees at public rehabilitation facilities

1. Contractual employees working at public rehabilitation facilities shall be eligible for specialized allowances, occupation-based bonuses according to applicable regulations.

2. Contractual employees in public rehabilitation facilities shall be provided with uniforms for the performance of rehabilitation tasks, including:

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b) Summer clothes: 2 sets/year;

c) Non-winter jackets for public rehabilitation facilities in provinces from Da Nang towards the Northern Region: 1 set/2 years;

d) Shirt: 2 pieces/year;

dd) Leather shoes: 1 pair/year;

e) Socks: 2 pairs/year;

g) Kepi headwear: 1 piece/2 years;

h) Leather belt: 1 piece/2 years;

i) Necktie: 1 piece/year;

k) Raincoat: 1 piece/2 years;

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m) Epaulette: 1 set/initial issue (re-issue when lost or damaged).

3. The Minister of Public Security shall prescribe uniform of contractual employees.

4. Quantities specified under Clause 2 of this Article are the minimum provision of the Ministry of Public Security. Depending on local situations, provincial People’s Committees shall request peer People’s Councils to provide additional allowances accordingly.

Chapter VII

POST-REHABILITATION MANAGEMENT

Article 134. Decision on post-rehabilitation management at residence

1. Within 2 working days from the date on which figureheads of commune-level police authorities receive notice regarding rehabilitation completion date according to Clause 2 Article 93, Clause 2 Article 94, Clause 1 Article 97, Clause 1 Article 123 hereof, figureheads of commune-level police authorities shall send written request using Form No. 52 under Appendix V attached hereto to Chairpersons of peer People’s Committees. Chairpersons of peer People’s Committees shall issue decision on post-rehabilitation management at residence using Form No. 53 under Appendix V attached hereto.

2. Decision on post-rehabilitation management at residence must specify date of signing; full name, position of signing individuals; full name, date of birth, occupation, residence of individuals under post-rehabilitation management; tasks of organizations and individuals in assisting individuals under post-rehabilitation management, effective period and implementation location of the decision, agencies responsible for implementation of the decision.

3. Such decision must be sent to rehabilitated individuals at 18 years of age or older, parents, guardians, or legal representatives of rehabilitated individuals from 12 years of age to less than 18 years of age, figureheads of public rehabilitation facilities, principals of reformatories, figureheads of private rehabilitation facilities, organizations and individuals assigned to assist rehabilitated individuals, and figureheads of commune-level police authorities.

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Commune-level police authorities shall keep and manage dossiers on rehabilitated individuals which include:

1. Decision on post-rehabilitation management.

2. 1 copy of certificate of completion of rehabilitation and substitution therapy.

3. Summarized personal background using Form No. 33 under Appendix V attached hereto.

4. Documents containing management details such as: record of counseling, assistance, prevention of relapse; residence management; drug test; commitment against illicit drug use.

5. Documents containing social support details including: Counseling for vocational education and training; counseling and results of loan application; support in job search and documents depicting participation in community integration (if any).

6. Decision of commune-level police authorities on removal of individuals under post-rehabilitation management from list of individuals subject to post-rehabilitation management at local administrative divisions (if any) using Form No. 57 under Appendix V attached hereto.

7. Other documents depicting post-rehabilitation management process (if any).

Article 136. Post-rehabilitation management

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a) Where individuals under post-rehabilitation management are absent from residence, they must report to commune-level police authorities and state reason for absence. Failure to report will cause the period in which they are absent from residence to be excluded from post-rehabilitation management period. Violations that are committed during absent period shall be considered violations during post-rehabilitation management period;

b) Where individuals under post-rehabilitation management change residence, commune-level police authorities of administrative divisions where they move away from have the responsibility to inform commune-level police authorities of administrative divisions where they move to within 24 hours from the moment in which individuals under post-rehabilitation management relocate in order to place under list and cooperate in management using Form No. 54 under Appendix V attached hereto. Figureheads of commune-level police authorities of administrative divisions where individuals under post-rehabilitation management move to shall advise Chairpersons of peer People’s Committees to issue decision assigning individuals in charge of psychological and social counseling, management, and support for individuals placed under post-rehabilitation management using Form No. 60 under Appendix V attached hereto.

2. Counseling, assistance, prevention of relapse:

a) Individuals placed under post-rehabilitation management shall receive assistance and prevention of relapse during post-rehabilitation management period;

b) Individuals placed under post-rehabilitation management shall receive psychological counseling and assistance; guidance on compliance with regulations and law, citizen obligations; support in terms of funding, loan application, vocational education and training, job referral, and other necessary support to enable rehabilitated individuals to have stable lives, integrate with community, and avoid relapse;

c) Arrange drug test for rehabilitated individuals.

3. Depending on Point a, Point b, and Point c Clause 2 of this Article and practical local condition, commune-level police authorities shall request Chairpersons of peer People’s Committees to assign team for post-rehabilitation management and social assistance at residence where commune-level police act as team leaders and representatives of other commune-level departments, associations, and organizations act as members using Form No. 55 under Appendix V attached hereto.

Article 137. Support policies for rehabilitated individuals

1. Individuals placed under post-rehabilitation management at residence from 12 years of age to less than 18 years of age shall, upon continuing formal education at education institutions affiliated to national education system, be eligible for reduction and exemption from tuition and academic fees according to regulations of the Government on policies on tuition, exemption, reduction, support for tuition, academic fees, and service fees in education and training sector.

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2. Rehabilitated individuals shall, upon engaged in vocational education and training, be eligible for education and training support policies according to regulations of the law on preliminary-level vocational education and training.

3. Rehabilitated individuals shall be eligible for loan application for job referral; priority in registration for public employment policies according to regulations on job support policies.

4. Depending on socio-economic situations, local governments shall develop policies assisting rehabilitated individuals.

Article 138. Expiry of post-rehabilitation management period

Within 3 working days before expiry of post-rehabilitation management period, commune-level police authorities shall advise Chairpersons of commune-level People’s Committees to issue written confirmation for completion of post-rehabilitation management at residence using Form No. 56 under Appendix V attached hereto and remove the individuals from list of post-rehabilitation management at residence.

Article 139. Prerequisites for post-rehabilitation management

1. Funding for document preparation and arrangement of post-rehabilitation management at residence; drug test and determination of narcotic substance dependence for individuals under post-rehabilitation management period; social support policies provided for rehabilitated individuals and other post-rehabilitation management operations shall be covered by state budget according to decentralization under the Law on State Budget.

2. Expenditure amount and entries under Clause 1 of this Article shall conform to guidelines of the Minister of Finance.

Chapter VIII

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Article 140. The Ministry of Public Security

1. Directs drug-related crime preventing authorities affiliated to people’s public security to actively and closely cooperate with drug-related crime preventing authorities affiliated to Border Guard, Coast Guard, and customs in preventing, combating, investigating, and dealing with drug-related crimes.

2. Takes charge and cooperates with ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees in unifying governance and control of legal activities related to narcotic substances.

a) Consolidate plans, results of long-term and annual master plan pertaining to control of legal activities related to narcotic substances of ministries, departments, and local governments and report to the Prime Minister;

b) Guide, expedite, and examine agencies, organizations, individuals, and local governments in implementation of regulations of the law on control of legal activities related to narcotic substances in relevant fields and administrative divisions in order to prevent exploitation of these activities for illegal purposes.

3. Promulgates and requests the Government to promulgate, amend documents within jurisdiction of the Ministry of Public Security and control legal activities related to narcotic substances and arrange implementation.

4. Develops and arranges implementation of regulations, plans, training, advanced training of cadres, and government statistics pertaining to import, sampling, management, and use of narcotic substance samples.

5. Exercises governance duties in accordance with Clause 1 and Clause 6 Article 27 hereof; carries out government inventory and international cooperation in control of legal activities related to narcotic substances; manages and operates software and database for control of legal activities related to narcotic substances - ensure connection to entities, ministries, departments, organizations, and individuals engaged in related activities; acts as national liaison to perform prior notice, report, communicate with international organization and competent authorities of other countries pertaining to prevention and combat of narcotic substances; acts as standing authority of central interdisciplinary cooperation department for control of legal activities related to narcotic substances and guides, examines provincial interdisciplinary cooperation departments for control of legal activities related to narcotic substances in implementation of tasks under this Decree.

6. Directs police forces of all levels to implement and cooperate with relevant agencies, organizations in detecting, managing illicit drug users; carries out rehabilitation and post-rehabilitation management.

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8. Promulgates within their powers or requests competent authorities to promulgate legislative documents on rehabilitation and post-rehabilitation management. Directs police authorities of local administrative divisions to implement community-based and family-based rehabilitation; rehabilitation at voluntary rehabilitation facilities; compulsory rehabilitation.

9. Frequently expedites, examines, investigates arrangement of community-based and family-based rehabilitation; rehabilitation at voluntary rehabilitation facilities; compulsory rehabilitation in order to ensure compliance with regulations of the law.

10. Establishes, dissolves, and arranges operation of public rehabilitation facilities; guides establishment, dissolution, and operation of private rehabilitation facilities; promulgates construction standards of rehabilitation facilities; guides arrangement of community-based and family-based voluntary rehabilitation, rehabilitation at rehabilitation facilities and post-rehabilitation facilities.

11. Cooperates with the Supreme People’s Court, the Ministry of Health, the Ministry of Education and Training, other relevant ministries and central departments, provincial People’s Committees, agencies, organizations in implementing rehabilitation and post-rehabilitation management.

12. Develops and applies science, technology in rehabilitation and post-rehabilitation management.

13. Implements inventory, communication, and reporting pertaining to rehabilitation and post-rehabilitation management as per the law.

14. Develops, manages, and operate software and database for control of legal activities related to narcotic substances.

15. Implements international cooperation in rehabilitation and post-rehabilitation management as per the law.

Article 141. The Ministry of National Defense

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2. Directs drug-related crime preventing authorities affiliated to Vietnam Coast Guard to take charge of prevention, combat, investigation, and dealing with drug-related crimes at sea; closely cooperates with drug-related crime preventing authorities affiliated to Border Guard, customs, police and local authorities, relevant agencies, and organizations in preventing and combating drug-related crimes.

3. Exercises governance duties pertaining to activities under Clause 5 Article 27 hereof and exercises regulations on joint control of legal activities related to narcotic substances hereunder.

4. Cooperate with competent authorities of other countries in detecting, preventing unlawful trade, cross-border transport of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs, and veterinary drugs containing narcotic substances and precursors as per the law.

Article 142. The Ministry of Finance

1. Directs drug-related crime preventing authorities affiliated to customs to take charge, cooperate with drug-related crime preventing authorities affiliated to people’s public security, Border Guard, and Coast Guard in examining, controlling, detecting, and cooperating with other authorities in dealing with violations of the law and drug-related crimes in jurisdiction of customs.

2. Takes charge of balancing, proposing, requesting competent authorities to allocate funding for drug-related crime prevention and combat to ministries, central departments, and local governments in accordance with state budget laws, public investment laws, and relevant law provisions on the basis of recommendations of ministries, central departments, and local governments. In respect of tasks pertaining to science and technology, renovation, digital transformation allocated from state budget for science and technology, renovation, and digital transformation as per the law, the Ministry of Finance shall consolidate and submit them to competent authorities on the basis of recommendations of the Ministry of Science and Technology.

3. Directs customs authorities to follow through with customs procedures, customs inspection and supervision regarding import, export, temporary import, re-export, temporary export, re-import, transit in Vietnamese territory of narcotic substances, precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are addictive active ingredients, psychotropic active ingredients, precursors used for production of drugs, and veterinary drugs containing narcotic substances and precursors according to customs laws; implements regulations on cooperation in control of legal activities related to narcotic substances under this Decree.

4. Promulgates documents prescribing, guiding management and use of professional funding from state budget for management of illicit drug users, determination of narcotic substance dependence, adoption of compulsory rehabilitation, community-based and family-based voluntary rehabilitation, rehabilitation facilities, reformatories, and post-rehabilitation management.

Article 143. The Ministry of Health

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2. Directs and guides local medical authorities to receive and classify; provide treatment, withdrawal therapy, detoxification, treatment for mental disorders, treatment for other medical conditions in community-based and family-based voluntary rehabilitation.

3. Studies medicine and rehabilitation methods.

4. Cooperates with the Ministry of Public Security in guiding prevention and treatment of disease, periodic medical examination and treatment for individuals placed under compulsory rehabilitation.

Article 144. The Ministry of Industry and Trade

Exercises governance duties pertaining to activities under Clause 3 Article 27 hereof and exercises regulations on joint control of legal activities related to narcotic substances hereunder.

Article 145. The Ministry of Agriculture and Environment

1. Exercises governance duties pertaining to activities under Clause 2 Article 27 hereof and exercises regulations on joint control of legal activities related to narcotic substances hereunder.

2. Promulgates and requests the Government to promulgate and amend documents within jurisdiction of the Ministry of Agriculture and Environment pertaining to control of legal activities related to veterinary drugs and veterinary drug ingredients containing narcotic substances and precursors; husbandry feed, fisheries feed and ingredients of husbandry feed, fisheries feed containing narcotic substances and precursors and arrange implementation.

Article 146. The Ministry of Education and Training

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2. Directs Departments of Education and Training to guide relevant entities to provide education, conduct assessment, examination, school transcript verification, and issuance of certificate of completion education program, graduate degree for rehabilitating individuals as per the law, implementation of policies on exemption, reduction of tuition, academic fees, and service fees in education and training sector for rehabilitated individuals as per the law.

Article 147. Ministry of Ethnic and Religious Affairs

1. Directs religion authorities to, within their functions and tasks, cooperate with rehabilitation authorities and relevant peer agencies in guiding, examining religious organizations and individuals engaged in rehabilitation as per the law.

2. Cooperate with local governments in communicating, providing education pertaining to regulations of the law, mobilizing ethnic minorities, officials, monks, reputable individuals in prevention and combat of narcotic substances, rehabilitation, and community reintegration.

Article 148. Provincial People’s Committees

1. Exercise governance duty for activities under Clause 2, Clause 3, and Clause 4 Article 27 hereof within assigned, delegated fields in local administrative divisions and exercise regulations on cooperation in controlling legal activities related to narcotic substances hereunder.

2. Direct affiliated agencies to handle prevention and combat against narcotic substances in their jurisdiction.

3. Direct, guide, expedite, and examine local agencies, organizations, and individuals in implementation of legislative documents on control of legal activities related to narcotic substances in their relevant fields and jurisdiction in order to prevent exploitation of these activities for illegal purposes; carry out governance operations pertaining to narcotic substance prevention and combat.

4. Provide assistance pertaining to facility, amenity, equipment, and personnel for public rehabilitation facilities; direct commune-level People's Committees to satisfy facility, amenity, equipment, and personnel requirements in order to arrange community-based and family-based voluntary rehabilitation according to this Decree and other relevant law provisions. Develop regulations, policies for assisting, attracting employees for public rehabilitation facilities; policies encouraging organizations, individuals to participate in voluntary rehabilitation, occupational education and training rehabilitated individuals.

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6. Frequently guide, direct commune-level People’s Committees and relevant local authorities to implement community-based and family-based voluntary rehabilitation and post-rehabilitation management; promptly settle complaints and denunciations in arrangement of rehabilitation and post-rehabilitation management as per the law; enable local rehabilitation facilities to operate and develop policies to assist individuals who have fulfilled compulsory rehabilitation in searching for jobs, stabilizing lives, and reintegrating with community.

7. Promptly and strictly take disciplinary actions against individuals committing violations in arrangement of community-based and family-based voluntary rehabilitation and post-rehabilitation management within their powers.

8. On an annual, depending on local government budget, allocate funding for peer police authorities to arrange implementation of compulsory rehabilitation, community-based and family-based voluntary rehabilitation, and post-rehabilitation management.

Chapter IX

ORGANIZING IMPLEMENTATION

Article 149. Funding for implementation

Funding for cooperation of drug-related crime preventing authorities; control of legal activities related to narcotic substances shall be allocated in recurrent expenditure estimates of ministries, central authorities, and local governments according to state budget laws.

Article 150. Entry into force

1. This Decree comes into force from July 01, 2026.

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3. The following documents expire from the effective date hereof:

a) Decree No. 105/2021/ND-CP dated December 4, 2021 of the Government;

b) Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government;

c) Clause 1 Article 2 and Article 20 of Decree No. 184/2025/ND-CP dated July 1, 2025 of the Government;

d) Point g Clause 4 Article 48 hereof comes into force from January 1, 2027;

dd) Circular No. 34/2025/TT-BCA dated May 6, 2025;

e) Provisions relating to administrative penalty that is admission to compulsory rehabilitation facilities and admission to compulsory rehabilitation facilities for drug addicts from 12 years of age to less than 18 years of age under Joint Circular 03/2025/TTLT-BCA-VKSNDTC-TANDTC dated March 1, 2025 of the Minister of Public Security, the Director of the Supreme People’s Procuracy, and Chief Justice of the Supreme People’s Court.

4. Where regulations referred to under this Decree are amended or superseded, the amending and superseding documents shall prevail.

Article 151. Transition clauses

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2. Organizations and individuals engaged in legal activities relating to husbandry feed, fisheries feed, and ingredients thereof containing precursors shall conform to this Decree from January 1, 2027.

3. Application for operating license for private rehabilitation facilities submitted before the effective date hereof shall conform to Decree No. 116/2021/ND-CP dated December 21, 2021 of the Government unless applicants request that the processing of their application to comply with this Decree.

4. Operating license issued to private rehabilitation facilities before the effective date hereof shall remain effective until expiry date specify on the license. Upon expiry, private rehabilitation facilities must apply for operating license in accordance with this Decree.

5. Revenues generated by occupational therapy at public rehabilitation facilities until July 1, 2026 shall cover cultural, arts, sports activities and be use to commend rehabilitating individuals.

6. Drug addicts from 12 years of age to less than 18 years of age and attending rehabilitation before the effective date hereto where the remaining rehabilitation period is less than 6 months shall remain at public rehabilitation facilities until expiry of rehabilitation period.

Article 152. Responsibility for implementation

Ministers, figureheads of ministerial agencies, Chairpersons of provincial People’s Committees, and relevant organizations, individuals are responsible for the implementation of this./.

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