Regulations on diagnosis of narcotic substance dependence in Vietnam

Regulations on diagnosis of narcotic substance dependence in Vietnam (Internet image)

1. Regulations on diagnosis of narcotic substance dependence in Vietnam

Clauses 1, 2, 3, 4 and 5, Article 27 of the Law on Prevention and Control of Narcotic Substances 2021 stipulates the diagnosis of narcotic substance dependence as follows:

- The following cases are subject to diagnosis of narcotic substance dependence:

+ Drug users who are currently subject to drug user management and found to have used a narcotic substance illegally;

+ Drug users who do not have a place of residence;

+ Persons who are found to have used a narcotic substance illegally while subject to commune-level educational measures due to illegal use of narcotic substances or within 01 year after end of commune-level educational measures imposed due to illegal use of narcotic substances;

+ Persons who are currently subject to post-rehabilitation management and found to have used a narcotic substance illegally;

+ Persons wishing to have their narcotic substance dependence diagnosed.

- The police of the communes where the persons mentioned in Points a, b, c and d Clause 1, Article 27 of the Law on Prevention and Control of Narcotic Substances 2021 are found shall submit applications to diagnose the narcotic substance dependence of these persons to competent health authorities.

- District-level or provincial police forces that found any of the persons mentioned in Points a, b, c and d Clause 1, Article 27 of the Law on Prevention and Control of Narcotic Substances 2021 directly or during the investigation into or handling of violations against the law shall submit applications to diagnose the narcotic substance dependence of these persons to competent health authorities.

- When narcotic substance dependence diagnosis results are available, the responsible health authorities shall immediately send the results to the applicants and diagnosed persons.

- Rights and responsibilities of persons receiving narcotic substance dependence diagnosis:

+ Have their honor and dignity protected; receive assistance for travel, meals, accommodations and treatment of withdrawal syndrome and concomitant conditions while their narcotic substance dependence is being diagnosed;

+ Comply with regulations of the facilities for narcotic substance dependence diagnosis; declare their history of narcotic substance use and manifestations of narcotic substance use to healthcare workers in an honest manner;

+ Persons aged 18 or older or parents, guardians or authorized legal representatives of persons from 12 to under 18 years old in the cases mentioned in Points a, b, c and dd Clause 1, Article 27 of the Law on Prevention and Control of Narcotic Substances 2021, if they are diagnosed with narcotic substance dependence, shall register for voluntary rehabilitation according to regulations in Article 28 of the Law on Prevention and Control of Narcotic Substances 2021 or opioid substitution therapy (if they are dependent on opioids) with the People’s Committees of the communes where they reside.

2. Rehabilitation measures in Vietnam

Rehabilitation measures under Article 28 of the Law on Prevention and Control of Narcotic Substances 2021 include:

- Rehabilitation measures consist of:

+ Voluntary rehabilitation;

+ Compulsory rehabilitation.

- Voluntary rehabilitation shall take place in families, communities or rehabilitation centers; compulsory rehabilitation shall take place in public rehabilitation centers.

3. Rehabilitation procedures in Vietnam

Clauses 1 and 2, Article 29 of the Law on Prevention and Control of Narcotic Substances 2021 stipulates rehabilitation procedures as follows:

- Rehabilitation comprises the following stages:

+ Receipt and classification;

+ Detoxification, treatment of mental disorders and treatment of other conditions;

+ Education, counseling and behavior and personality recovery;

+ Therapeutic working and vocational training;

+ Preparation for reintegration into society.

- Compulsory rehabilitation must carry out all of the stages mentioned in Clause 1 Article 29 of the Law on Prevention and Control of Narcotic Substances 2021; voluntary rehabilitation must complete the stages provided for in Points a, b and c Clause 1, Article 29 of the Law on Prevention and Control of Narcotic Substances 2021.

Quoc Dat

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