Control of research on narcotic substances and precursors in Vietnam

What are the regulations on the control of research on narcotic substances and precursors in Vietnam? - Mr. Khoa (Lang Son)

Control of research on narcotic substances and precursors in Vietnam shall comply with the provisions of Article 15 of Decree 105/2021/ND-CP, specifically as follows:

Procedures for permitting research on narcotic substances and precursors in Vietnam

- When a science and technology organization established in accordance with the Law on Science and Technology (hereinafter referred to as “research organization”) wishes to conduct research on narcotic substances or precursors in accordance with Point a Clause 1 Article 14 of Decree 105/2021/ND-CP, they shall prepare an application in accordance with Clause 2 of Article 15 of Decree 105/2021/ND-CP and submit in person or via postal service to the Ministry of Public Security or online via the online public service system of the Ministry of Public Security on the National single-window information portal;

- Within 5 working days from the date on which an adequate application has been received, the permitting authority shall assess and inform the applicant in writing.

Any adjustment or addition of documents must be notified to the applicant by the permitting authority in writing within 3 working days from the date on which the permitting authority receives the application. The written notification must specify contents that need to be adjusted and/or added and deadline for submission. Receipt and processing of application must be performed within 3 working days from the date on which the permitting authority receives the updated application.

If the deadline for adjusting and/or adding to the application expires or the information in the application is inconsistent with that in the verifying documents, the permitting authority shall not process the application.

Application for conducting research on narcotic substances and precursors in Vietnam

Application for conducting research on narcotic substances and precursors includes:

- Written application for conducting research produced by the applicant. The application must specify name, address of research organizations; list and roles of individuals engaging in the research; purpose of research; name and address of agencies, organizations supplying narcotic substances, precursors, name, CAS code, HS code, quantity, and contents of narcotic substances and precursors applied for research permission; time of research; time, route, and transport vehicles for transporting from supply location to the storage, research location;

- Copies of the Science and technology registration certificate of the applicant;

- Copies of Research plan approved by competent authority;

- Documents proving legitimacy of the substances applied for research permission; safety plans, safety measures, and conditions for preserving narcotic substances and precursors applied for research permission; plans and measures to dispose residual narcotic substances and precursors left from the research process.

Contents of written permission for research on narcotic substances and precursors in Vietnam

The written permission must specify information on name, address of research organization; name, CAS code, HS code, quantity, and content of the narcotic substances and precursors subject to research; permitted time for research; time, route, and transport vehicles (when transporting narcotic substances from storage to research locations);

The written permission shall be sent to research organization and police authority of provinces and cities where the research organization preserves and conducts research on the permitted narcotic substances.

Procedures for extending permission for research on narcotic substances and precursors in Vietnam

- The research organization must send application for extending permission for research at least 3 days prior to the expiry date of the original permission. The application for extension must specify reason and period to be extended;

- Permitting authority is responsible for reviewing and deciding whether or not to extend research deadline in writing within 3 working days from the date on which the application for extension is received;

- Permission for extension shall conform to Point a and Point b Clause 3 of this Article;

- Extension of research deadline shall not be granted for cases of altering research purposes, type of substances, content, quantity, safety measures, and conditions for preserving narcotic substances and precursors applied for extension of research; plans and solutions for disposing residual narcotic substances and precursors produced during the extended research period.

Note: Research on narcotic substances under this Article must be monitored, inspected, and supervised closely from the permission granting phase to the completion date.

- Research organization must comply with the written permission and must notify the permitting authority of completion of the research, research results, quantity of narcotic substances and precursors used; residual narcotic substances and precursors and disposal solutions;

- Police authority of provinces and cities where research organizations preserve and research on the narcotic substances are allowed to assign personnel to monitor, inspect, and supervise the transport, deliver, receipt, preservation, and use of narcotic substances for research according to permitting documents and regulations and law;

- Police authority shall discover any violation, immediately inform and cooperate with permitting authority in intercepting and handling as per the law.

Mai Thanh Loi

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