What is narcotic substance according to the law in Vietnam? What cases are required to test for narcotic substance in body in Vietnam?

What is narcotic substance according to the law in Vietnam?

Pursuant to Article 2 of the Law on Prevention and Control of Narcotic Substances in 2021:

Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “narcotic substance” means an addictive substance or psychotropic substance included in the list of narcotic substances promulgated by the Government.

2. “addictive substance” means a stimulant or depressant to which the user is likely to become addicted.

3. “psychotropic substance” means a stimulant or depressant or hallucinogen to which the user may become addicted after multiple uses.

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As regulated above, narcotic substance means an addictive substance or psychotropic substance included in the list of narcotic substances promulgated by the Government.

What is narcotic substance according to the law in Vietnam? What cases are required to test for narcotic substance in body in Vietnam? - image from internet

What cases are required to test for narcotic substance in body in Vietnam?

Pursuant to Article 22 of the Law on Prevention and Control of Narcotic Substances in 2021 stipulating regulations on testing for narcotic substance in body:

Testing for narcotic substance in body

1. The following cases are required to test for narcotic substance in body:

a) Persons found to have used a narcotic substance illegally;

b) Persons presumed to have used a narcotic substance illegally by the competent authority or person based on sufficient grounds;

c) Drug users currently under management;

d) Persons currently subject to commune-level educational measures due to illegal use of narcotic substances; currently undergoing rehabilitation; currently receiving opioid substitution therapy; or currently under post-rehabilitation management.

2. Heads of rehabilitation centers and facilities for opioid substitution therapy; and 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 for the cases mentioned in Clause 1 herein.

Positive test results shall be immediately sent to Chairpersons of the People’s Committees of the communes where the persons testing positive reside, unless these persons are undergoing compulsory rehabilitation.

3. Testing for narcotic substance in body for the cases mentioned in Clause 1 of this Article shall be covered by the State.

As regulated above, the following cases are required to test for narcotic substance in body:

- Persons found to have used a narcotic substance illegally;

- Persons presumed to have used a narcotic substance illegally by the competent authority or person based on sufficient grounds;

- Drug users currently under management;

- Persons currently subject to commune-level educational measures due to illegal use of narcotic substances;

- Persons currently undergoing rehabilitation;

- Persons currently receiving opioid substitution therapy;

- Persons currently under post-rehabilitation management.

What are responsibilities of families of drug users in Vietnam?

Pursuant to Article 25 of the Law on Prevention and Control of Narcotic Substances in 2021 stipulating responsibilities of families, regulatory bodies, organizations and communities for drug user management:

Responsibilities of families, regulatory bodies, organizations and communities for drug user management

1. Responsibilities of families of drug users:

a) Manage and educate drug users; prevent drug users from using narcotic substances illegally;

b) Provide information on illegal use of narcotic substances of drug users for the police of the communes where the drug users reside;

c) Prevent drug users from disrupting public order and threatening social safety;

d) Cooperate with competent authorities in having drug users tested for narcotic substances in their bodies.

2. Responsibilities of workplaces of drug users and communities where drug users live:

a) Provide drug users with encouragement, assistance and education; prevent drug users from using narcotic substances illegally;

b) Cooperate with families of drug users and competent authorities in having drug users tested for narcotic substances in their bodies.

As regulated above, families of drug users are responsible for following acts:

- Manage and educate drug users; prevent drug users from using narcotic substances illegally;

- Provide information on illegal use of narcotic substances of drug users for the police of the communes where the drug users reside;

- Prevent drug users from disrupting public order and threatening social safety;

- Cooperate with competent authorities in having drug users tested for narcotic substances in their bodies.

Best regards!