Vietnam: Is a person using a narcotic substance illegally required to undergo rehabilitation?

Draft 2 of the Law on Prevention and Control of Narcotic Substances amends and supplements certain concepts, thereby clarifying the concept of "person using a narcotic substance illegally" in Vietnam.

Unauthorized  Use  of  Narcotics  and  Mandatory  Rehabilitation,  Draft  Law  on  Prevention  and  Control  of  Narcotics

Is unauthorized use of narcotics mandatory for rehabilitation? (Illustrative image)

Aiming to serve the work of assisting those who use narcotic substances illegally to reintegrate into the community, the Draft Law on Prevention and Control of Narcotic Substances added a new concept: "Person using a narcotic substance illegally". Clause 14, Article 3 of this Draft Law stipulates:

- "person using a narcotic substance illegally” means an individual who uses a narcotic substance without the permission of the competent person or authority and whose body tests positive for the narcotic substance (hereinafter referred to as “drug user”).

Specifying this concept aims to differentiate from the concept of “person suffering from narcotic substance dependence” defined in Clause 13 of this Article:

- “person suffering from narcotic substance dependence” means a person who uses a narcotic substance, narcotic drug or psychotropic drug and becomes dependent on the substance or drug (hereinafter referred to as “drug addict”).

By distinguishing these two concepts, in the spirit of the Law, the State aims to prevent those who are beginning to be exposed to narcotics from continuing to use and leading to addiction, promptly supervising, managing, and educating them to prevent causing public disorder, threats to life, dignity, and property of others; and apply rehabilitation measures for addicts and administrative handling measures for persons using narcotic substances illegally.

More details may be found in Draft Law on Prevention and Control of Narcotic Substances.

Nguyen Phu

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