Who has the competence to test for narcotic substances when there are bases to believe that a person has signs of illegal drug use in Vietnam?
- What are the bases for testing individuals having signs of illegal drug use in Vietnam?
- Who has the competence to test for narcotic substances when there are bases to believe that a person has signs of illegal drug use in Vietnam?
- In which cases does the chairperson of the commune-level People's Committee issue a decision to stop the management of illegal drug users?
What are the bases for testing individuals having signs of illegal drug use in Vietnam?
Pursuant to the provisions of Clause 1, Article 38 of Decree No. 105/2021/ND-CP stipulating the bases for testing individuals having signs of illegal drug use.
An individual is considered showing sign(s) of illegal drug use on the following bases:
- Information and accusations of agencies, organizations, or individuals that have been verified by competent authority;
- Information and documents in cases of violations against the law;
- The individual showing loss of cognitive or behavioral capacity due to drug use;
- The individual, their vehicle, or their residence containing trace(s) of narcotic substances or tool, equipment allowing the illegal use of narcotic substances;
- The individual operating vehicle and showing sign of stimulant use which is suspected to be narcotic;
- The individual present in areas where organized illegal drug use, concealment of illegal drug use, or illegal drug use occurs without justifiable reason.
- The individual confessing to illegally using narcotic substances;
- The individual discovered to be illegally using narcotic substances;
- Other basis as per the law.
Who has the competence to test for narcotic substances when there are bases to believe that a person has signs of illegal drug use in Vietnam?
Who has the competence to test for narcotic substances when there are bases to believe that a person has signs of illegal drug use in Vietnam?
Pursuant to the provisions of Clause 2, Article 38 of Decree No. 105/2021/ND-CP as follows:
Basis for testing individuals having signs of illegal drug use
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2. When there is basis suggesting an individual is showing sign of illegally using narcotic substances mentioned under Clause 1 of this Article, capable agencies and individuals entitled to test for narcotic substances in the body mentioned under Clause 2 Article 22 of the Law on Narcotic Prevention and Control shall conduct the test. (Narcotic test results shall conform to Form No. 3 under Appendix attached hereto).
Referring to Clause 2, Article 22 of the 2021 Law on Prevention and Control of Narcotic Substances in Vietnam, the competence to test narcotic substance when there are bases to believe that a person having signs of illegal drug use belongs to:
- Heads of rehabilitation centers and facilities for opioid substitution therapy;
- Persons having competence in imposing administrative penalties on illegal use of narcotic substances have the power to carry out testing for narcotic substance in body intra vires or request qualified authorities or persons to perform this test.
In which cases does the chairperson of the commune-level People's Committee issue a decision to stop the management of illegal drug users?
Pursuant to the provisions of Article 23 of the 2021 Law on Prevention and Control of Narcotic Substances in Vietnam stipulating as following:
Drug user management
1. Drug user management is a precaution that helps prevent drug users from using narcotic substances illegally and committing violations against the law.
Drug user management is not an administrative penalty.
2. Time period during which a drug user is subject to drug user management shall be 01 year starting from the date of issuance of the management decision by the Chairperson of the commune-level People’s Committee.
3. Content of drug user management includes:
a) Provide counsel, encouragement, education and assistance for drug users to stop using narcotic substances illegally;
b) Test for narcotic substance in body;
c) Prevent drug users from disrupting public order and threatening social safety.
4. Within 03 working days from the date of receipt of the positive test result of a person residing in their commune, the Chairperson of the commune-level People’s Committee shall issue a decision and organize management of the drug user in their commune.
5. While a drug user is subject to drug user management, the Chairperson of the commune-level People’s Committee shall issue a decision to stop the management in any of the following cases:
a) The drug user is determined to be a drug addict;
b) The drug user is subject to commune-level educational measures due to illegal use of a narcotic substance;
c) The drug user is taken to a correctional institution;
d) The drug user has to serve a prison sentence;
dd) The drug user is included in the list of deceased persons or persons declared missing by the Court.
6. The Government shall elaborate this Article.
According to the above provisions, while a drug user is subject to drug user management, the Chairperson of the commune-level People’s Committee shall issue a decision to stop the management in any of the following cases:
- The drug user is determined to be a drug addict;
- The drug user is subject to commune-level educational measures due to illegal use of a narcotic substance;
- The drug user is taken to a correctional institution;
- The drug user has to serve a prison sentence;
- The drug user is included in the list of deceased persons or persons declared missing by the Court.
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