Basis for testing individual to be considered showing sign(s) of illegal drug use in Vietnam

Basis for testing individual to be considered showing sign(s) of illegal drug use in Vietnam
Bảo Ngọc

On December 4, 2021, the Government of Vietnam promulgated Decree 105/2021/ND-CP detailing and guiding the implementation of a number of articles of Law on prevention and Pontrol of narcotic substances.

Accordingto the Deree, when an individual is considered showing sign(s) of illegal drug use, the competent agency or individual shall invite the individuals to arrive at the test location for testing according to Clause 2, Article 22 of the Law on Prevention and Control of narcotic substances 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.

Decree 105/2021/ND-CP takes effect from January 1, 2022.

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