Legal activities related to narcotic substances in Vietnam

Legal activities related to narcotic substances in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Legal activities related to narcotic substances in Vietnam

Legal activities related to narcotic substances in Vietnam according to Article 12 of the Law on Prevention and Control of Narcotic Substances 2021 are as follows:

- Legal activities related to narcotic substances are activities permitted by competent authorities, including:

+ Research, examination, testing, inspection and production of narcotic substances (excluding growing of plants containing 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 and veterinary drugs containing narcotic substances or precursors;

+ Transport, preservation, storage, trade, distribution, use, processing and exchange 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 and veterinary drugs containing narcotic substances or precursors;

+ Import, export, 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 and veterinary drugs containing narcotic substances or precursors.

- The legal activities related to narcotic substances mentioned in Clause 1 Article 12 of the Law on Prevention and Control of Narcotic Substances 2021 must be strictly controlled according to regulations the Law on Prevention and Control of Narcotic Substances 2021 and other relevant law provisions.

2. Regulations on drug user management in Vietnam

Regulations on drug user management according to Article 23 of the Law on Prevention and Control of Narcotic Substances 2021 are 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.

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