Cases of testing for narcotic substance in body in Vietnam

Cases of testing for narcotic substance in body in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Cases of testing for narcotic substance in body in Vietnam

According to Clause 1, Article 22 of the Law on Prevention and Control of Narcotic Substances 2021, 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; currently undergoing rehabilitation; currently receiving opioid substitution therapy; or currently under post-rehabilitation management.

2. Drug user management in Vietnam

Drug user management according to Clauses 1, 2, 3, 4 and 5, Article 23 of the Law on Prevention and Control of Narcotic Substances 2021 is as follows:

- 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.

- 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.

- Content of drug user management includes:

+ Provide counsel, encouragement, education and assistance for drug users to stop using narcotic substances illegally;

+ Test for narcotic substance in body;

+ Prevent drug users from disrupting public order and threatening social safety.

- 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.

- 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 list of deceased persons or persons declared missing by the Court.

3. Prohibited acts on drugs in Vietnam

Prohibited acts related to drugs under Article 5 of the Law on Prevention and Control of Narcotic Substances 2021 are as follows:

- Growing of plants containing narcotic substances; provision of instructions for growing of plants containing narcotic substances.

- Illegal research, examination, testing, inspection, production, storage, transport, preservation, trade, distribution, processing, exchange, export, import, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs, and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

- Appropriation of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.

- Illegal delivery, receipt, management, control, storage, dispensing and preservation of narcotic substances and precursors; allowing illegal use of narcotic substances, narcotic drugs or psychotropic drugs.

- Illegal use or organization of illegal use of narcotic substances; forcing or persuading others to use narcotic substances illegally; aiding and abetting illegal use of narcotic substances.

- Illegal production, storage, transport and trade of equipment used for illegal production or use of narcotic substances.

- Resisting or obstructing testing for narcotic substance in body, diagnosis of narcotic substance dependence, drug user management, rehabilitation or post-rehabilitation management.

- Taking revenge on or obstructing persons performing duties of narcotic substance prevention and control and participants in narcotic substance prevention and control.

- Abusing positions, powers or jobs to commit violations against regulations of law on narcotic substance prevention and control.

- Provision of instructions for illegal production or use of narcotic substances; advertising narcotic substances.

- Discrimination against drug users, persons undergoing rehabilitation and persons having completed rehabilitation.

- Other prohibited acts involving narcotic substances provided for by regulations of law.

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