What are the regulations on drug user management in Vietnam

What are the regulations on drug user management in Vietnam (Internet image)

1. Drug user management in Vietnam

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.

(Clause 1, Article 23 of the Law on Prevention and Control of Narcotic Substances 2021)

2. Term of drug user management in Vietnam

According to Clause 2, Article 23 of the Law on Prevention and Control of Narcotic Substances 2021, 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.

3. Content of drug user management

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.

4. Procedures for drug user management in Vietnam

- 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.

5. Basis for testing individuals having signs of illegal drug use in Vietnam

- An individual is considered showing sign(s) of illegal drug use on the following basis:

+ Information and accusations of agencies, organizations, or individuals that have been verified by competent authority;

+ Information and documents in cases of violations against the law;

+ The individual showing loss of cognitive or behavioral capacity due to drug use;

+ The individual, their vehicle, or their residence containing trace(s) of narcotic substances or tool, equipment allowing the illegal use of narcotic substances;

+ The individual operating vehicle and showing sign of stimulant use which is suspected to be narcotic;

+ The individual present in areas where organized illegal drug use, concealment of illegal drug use, or illegal drug use occurs without justifiable reason.

+ The individual confessing to illegally using narcotic substances;

+ The individual discovered to be illegally using narcotic substances;

+ Other basis as per the law.

(Article 38 of Decree 105/2021/ND-CP)

Diem My

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