Vietnam: Shall pilots tested positive for ketamine be suspended? Is ketamine a narcotic?
Vietnam: Is ketamine a narcotic?
In Appendix 2, narcotic substances are used in research, testing, assessment, criminal investigation or in the medical and veterinary fields according to the regulations of the competent authority promulgated together with Decree 57/2022/ND-CP stipulates that Ketamine is a narcotic substance
Ketamine has the scientific name (±)-2-(2-Chlorophenyl)-2-methylaminocyclohexanone, CAS code is 6740-88-1. Ketamine
Ketamine is used in research, testing, assessment, criminal investigation or in the medical and veterinary fields, but not in real life.
Vietnam: Shall pilots tested positive for ketamine be suspended? Is ketamine a narcotic?
Shall pilots tested positive for ketamine in Vietnam be suspended?
Pursuant to Article 6 of Circular 46/2013/TT-BGTVT stipulates as follows:
Regulations on temporary suspension of work for airline employees
1. Aviation employees are temporarily suspended from their current jobs in the following cases:
a) Violation of regulations and internal rules that threaten aviation safety and security;
b) Being investigated and prosecuted in criminal cases;
c) Arbitrarily leaving the working position;
d) Drinking alcohol during working hours or having alcohol concentration in blood or breath while performing tasks;
dd) Illegally stealing or appropriating assets of organizations and individuals;
e) Taking advantage of the working position to smuggle or illegally transport people, property and goods;
g) Using or having positive results for other illegal drugs or stimulants as prescribed;
h) Gambling, causing trouble, causing insecurity and disorder at the workplace.
2. The period of temporary suspension and the salary regime during the temporary suspension must comply with the provisions of the Labor Code.
According to the above regulations, pilots who are positive for drugs will be temporarily assigned to work only.
The period of temporary suspension and the salary regime during the temporary suspension shall comply with the provisions of the Labor Code.
How much is the fine for illegally using ketamine in Vietnam?
Pursuant to Article 23 of Decree 144/2021/ND-CP, there are provisions on penalties for violations of regulations on drug prevention, combat and control as follows:
Violations against regulations on prevention, combat and control of narcotic substances
1. A warning or a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for illegal use of narcotic substances.
2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the following violations:
a) Illegally possessing, transporting or appropriating narcotic substances without bringing criminal prosecution
b) Possessing, transporting, trading or appropriating precursors used in illegal manufacturing of narcotic substances;
c) Manufacturing, possession, transport, trading of instruments and equipment used in illegal manufacturing or use of narcotic substances.
3. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing opium poppy plants, coca plants, cannabis plants, khat plants other plants containing narcotic substances.
4. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:
a) A head, a legal representative, a person assigned to manage the service business establishment, a manager of vehicle(s) or another person who is responsible for the management of restaurant(s), tourist accommodation establishment(s), club(s), karaoke business, discotheque, video game business and vehicle(s) allow illegal possession, trade and use of narcotic substances to occur in the area(s) and vehicle(s) under their management;
b) Brokering, assisting or other acts that help another person to illegally use narcotic substances.
5. A fine of from VND 20.000.000 to VND 40.000.000 shall be imposed for any of the following violations:
a) Providing premises, instruments for another person to illegally use, possess, trade narcotic substances.
b) Violations against regulations on export, import, temporary import, re-export, temporary export, re-import or transit through Vietnam’s territory narcotic substances, narcotic drug, psychotropic drug and precursors;
c) Violations against regulations on research, analysis, test, manufacturing, preservation or storage of narcotic substances and/or precursors;
d) Violations against regulations on delivery, possession, transport of narcotic substances, narcotic drug, psychotropic drug and precursors;
dd) Violations against regulations on distribution, trading, use, exchange of narcotic substances, narcotic drug, psychotropic drug and precursors;
e) Violations against regulations on management, control, storage of narcotic substances, narcotic drug, psychotropic drug and precursors in the border checkpoint area or at sea;
g) Carrying out narcotic substance rehabilitation that exceeds the scope of operation stated in licenses to operate voluntary rehabilitation centers
6. A fine of from VND 40.000.000 to VND 50.000.000 shall be imposed for leasing out, lending, transferring or using the license to operate voluntary rehabilitation center for other purposes.
7. A fine of from VND 50.000.000 to VND 75.000.000 shall be imposed for organization of voluntary rehabilitation without registration or operating license.
8. Additional penalties:
a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
b) Suspend the license, practicing certificate, certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 4 and 6 of this Article;
c) Suspend operation for 03 - 06 months in case of commission of the violation specified in points b and g Clauses 5 of this Article;
d) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
9. Remedial measure:
Enforced return of benefits illegally obtained from the commission of the violation in Clause 6 of this Article;”.
Accordingly, pilots using ketamine can be administratively fined from VND 1,000,000 to VND 2,000,000.
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