Laws of Vietnam

THE PRIME MINISTER

DECIDES:

Article 1.- To approve the national target program on drug prevention and fight up to 2010 with the following principal contents:

1. Objectives of the program:

a/ General objectives:

- To raise the awareness of branches, levels and people of all strata about and their sense of responsibility for drug prevention and fight and drug harms in order to prevent, fight and reduce drug-related evils in social life;

- To struggle for reduction of drug-related crimes and narcotics suppliers;

- To control and reduce the number of drug addicts;

- To step by step drive back and eliminate drug evils from social life, creating a healthy environment for socio-economic development, national security assurance and social order and safety maintenance for the people's safe and happy life.

b/ Specific objectives to 2010:

- To reduce between 20% and 30% of the number of drug addicts compared with the 2005's figures and control the rate of drug addicts below 0.1% of population; to control the rise in the number of new drug addicts and reduce the rate of drug addiction relapse; 100% of communes, wards, townships and residential areas will register to become healthy and drug-free ones, striving for the target that 60% of communes, wards and townships nationwide will be drug-free;

- To effectively prevent sources of drug from being brought from abroad into Vietnam; to basically wipe out organizations, rings and dens engaged in illegally producing, trading, transporting, storing and using narcotics; to increase the rate of detection, investigation and arrest of drug-related criminals in border regions;

- To eliminate basically and sustainably the growing and re-growing of narcotics-containing plants;

- To control and closely manage the circulation and use of pre-substances, habit-forming substances and psychotropics.

2. Solutions for implementing the program:

a/ Improving the legal system, mechanisms and policies:

- To build and improve the legal system, mechanisms and policies concerning drug prevention and fight, especially policies to socialize detoxification activities, train and create jobs for detoxified people;

- To study and propose the Government to submit amendments and supplements to the Penal Code (provisions on drug-related crimes) and the Law on Drug Prevention and Fight to the National Assembly; to submit to the National Assembly Standing Committee amendments and supplements to the Ordinance on Handling of Administrative Violations; to submit to the Government and the Prime Minister amendments and supplements to existing legal documents or the promulgation of new ones on drug prevention and fight, paying attention to the socialization of drug prevention and fight activities;

- To study and promulgate or amend and supplement regimes and policies towards people who have recorded outstanding achievements in drug prevention and fight who died, got injured or infected with HIV/AIDS or have their property lost when participating in drug prevention and fight; to encourage organizations, individuals, units and enterprises to join in detoxification activities; to receive detoxified people and train and create jobs for them.

b/ Enhancing drug prevention and fight capacity:

- To enhance the capacity of drug prevention and fight forces in order to:

+ Perform the state management of drug prevention and fight;

+ Fight drug-related crimes;

+ Conduct detoxification, train and create jobs for detoxified people, prevent and control drug addiction relapse;

+ End the growing and re-growing of narcotics-containing plants.

- To increase, and raise the quality of, training and retraining for public security, customs, border guard and coastguard officers specialized in drug-crime prevention and fight; to provide professional training and retraining for officials engaged in detoxification activities.

c/ Improving organizational apparatuses for drug prevention and fight:

- To bring into play combined strength of the entire political system in drug prevention and fight:

+ To promulgate specific regulations on responsibilities of heads of Party committees and administrations at all levels and officials and Party members in drug prevention and fight; to heighten the role and responsibilities of heads of agencies, organizations, enterprises, units and schools in drug prevention and fight;

+ To raise responsibilities of People's Committees at all levels to administer and direct the application of drug prevention and fight measures in localities.

- To consolidate, and raise the operating capacity of, the National Committee for Prevention and Control of AIDS, Drug and Prostitution and Steering Committees for Prevention and Control of AIDS, Drug and Prostitution from the central to local level.

- To arrange specialized drug prevention and fight forces at provincial, district and commune levels, especially in localities facing serious drug-related problems.

- To standardize organizational apparatuses and personnel in medical treatment-education-social labor centers.

d/ Socializing drug prevention and fight activities:

- To determine drug prevention and fight as a central political task under the centralized direction in socio-economic development strategies of ministries, branches, People's Committees at all levels, agencies, organizations and enterprises in order to prevent, detect and resolutely handle drug-related evils;

- To diversify detoxification forms, retrain and create jobs for detoxified people, attaching importance to family- and community-based detoxification and private detoxification establishments in order to mobilize resources for detoxification activities, retrain and create jobs for detoxified people, and prevent and control drug addiction relapse.

e/ Enhancing international cooperation in drug prevention and fight:

- To enhance cooperation with international organizations and countries in the region and the world, especially countries bordering on Vietnam, in order to proactively prevent, detect and effectively preclude the illegal transportation of drugs from abroad into Vietnam;

- To enhance international cooperation in drug prevention and fight through research, survey and experience exchange activities;

- To implement international drug control conventions, bilateral and multilateral drug prevention and fight cooperation agreements to which Vietnam has signed or acceded;

- To hold conferences and workshops to mobilize aid from other countries and international organizations for drug prevention and fight activities in Vietnam;

- To study and conclude more drug prevention and fight agreements with countries in the region and the world.

3. Schemes under the program:

a/ Scheme 1: Public information on drug prevention and fight

- (Summarized) tasks: To improve the quality of communication, public information and education on drug prevention and fight in agencies and organizations and among people of all strata in residential areas in order to promote their initiative and activeness in drug prevention and fight.

- Responsible agency: the Ministry of Information and Communication.

- Coordinating agencies: the Ministry of Culture, Sports and Tourism and concerned ministries, branches and localities.

b/ Scheme 2: Enhancing drug-related crime fighting capacity

- (Summarized) tasks: To enhance the capacity of specialized drug-related crime prevention and fight forces under the Ministry of Public Security, the Ministry of Defense and the Ministry of Finance.

+ Sub-scheme 1: Enhancing the drug-related crime prevention and fight capacity of the Ministry of Public Security

l Responsible agency: the Ministry of Public Security.

l Coordinating agencies: the Ministry of Defense, the Ministry of Finance and concerned ministries, branches and localities.

+ Sub-scheme 2: Enhancing the drug-related crime prevention and fight capacity of border guards under the Ministry of Defense

l Responsible agency: the Ministry of Defense (the Border Guard Command).

l Coordinating agencies: the Ministry of Public Security, the Ministry of Finance and concerned ministries, branches and localities.

+ Sub-scheme 3: Enhancing the drug-related crime prevention and fight capacity of coast guards under the Ministry of Defense

l Responsible agency: the Ministry of Defense (the Coast Guard).

l Coordinating agencies: the Ministry of Public Security, the Ministry of Finance and concerned ministries, branches and localities.

+ Sub-scheme 4: Enhancing the drug-related crime prevention and fight capacity of the customs force under the Ministry of Finance

l Responsible agency: the Ministry of Finance.

l Coordinating agencies: the Ministry of Public Security, the Ministry of Defense and concerned ministries, branches and localities.

c/ Scheme 3: Raising the effectiveness of detoxification and post-detoxification management and studying, evaluating, applying and assessing medicines and medical therapies in treatment and functional rehabilitation for drug addicts

- (Summarized) tasks: To raise detoxification capacity and effectiveness; manage, train and create jobs for detoxified people; to study and apply detoxification and functional rehabilitation remedies for drug addicts. To encourage and facilitate detoxification and job training and creation of models of private establishments, units and enterprises for detoxified people.

+ Sub-scheme 1: Raising detoxification capacity and effectiveness, train and create jobs for detoxified people

l Responsible agency: the Ministry of Labor, War Invalids and Social Affairs.

l Coordinating agencies: the Ministry of Public Security, the Ministry of Health, the Ministry of Defense and concerned ministries, branches and localities.

+ Sub-scheme 2: Studying, evaluating, applying and assessing medicines and medical therapies in treatment and functional rehabilitation for drug addicts

l Responsible agency: the Ministry of Health.

l Coordinating agencies: the Ministry of Labor, War Invalids and Social Affairs and concerned ministries, branches and localities.

+ Sub-scheme 3: Raising the effectiveness of detoxification in prisons, detention camps, educational institutions and reformatories

l Responsible agency: the Ministry of Public Security.

. Coordinating agencies: the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and concerned ministries, branches and localities.

+ Sub-scheme 4: Organizing detoxification in border localities

l Responsible agency: the Ministry of Defense (the Border Guard Command).

l Coordinating agencies: the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and concerned ministries, branches and localities.

d/ Scheme 4: Drug prevention and fight at schools

- (Summarized) tasks: To formulate study curricula, documents and materials on drug prevention and fight for academic disciplines, educational levels and grades; to provide school-based education on drug prevention and fight at all educational levels and grades; to intensify education on drug prevention and fight through extra-curricular activities; to formulate programs and plans on drug prevention and fight education through the mass media.

l Responsible agency: the Ministry of Education and Training.

l Coordinating agencies: the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health and concerned ministries, branches and localities.

e/ Scheme 5: Enhancing management and control of pre-substances

- (Summarized) tasks: To enhance the management of, and closely control, the import, export and transportation of narcotics, pre-substances, habit-forming substances and psychotropics and the production, distribution, trading and use of pre-substances.

l Responsible agency: the Ministry of Industry and Trade.

l Coordinating agencies: the Ministry of Health, the Ministry of Public Security and concerned ministries, branches and localities.

f/ Scheme 6: To build drug-free communes, wards, townships and residential areas

- (Summarized) tasks: To work out plans in response to activities "Building drug-free communes, wards, townships and residential areas" in association with the campaign "All the people unite to build a cultured life in residential areas." To step up the movement in which all people unite to join in detecting and denouncing those who use, store, trade or transport drug; to widely apply models of solidarity groups, inter-family groups, self-management street quarters, people's security groups, and drug-free families and clans.

l Responsible agency: the Central Committee of the Vietnam Fatherland Front.

l Coordinating agencies: the Ministry of Public Security, the Ministry of Labor, War Invalids and Social Affairs and concerned ministries, branches and localities.

g/ Scheme 7: To end the growing and re-growing of narcotics-containing plants

- (Summarized) tasks: To disseminate and educate laws and Party and State guidelines and policies on drug prevention and fight in order to mobilize people not to grow or re-grow narcotics-containing plants. To inspect, detect and promptly destroy areas where narcotics-containing plants are grown or re-grown. To raise the capacity of cadres engaged in the elimination of narcotics-containing plants, restructure plant varieties and animal breeds in areas where narcotics-containing plants are no longer grown or re-grown. To commend in time people who say no to narcotics-containing plants, and strictly handle acts of intentional violation.

- Responsible agency: the Ministry of Agriculture and Rural Development.

- Coordinating agencies: the Nationalities Committee and concerned ministries, branches and localities.

h/ Scheme 8: Collecting, and managing systems for processing, data and information on drug prevention and fight situation

- (Summarized) tasks: To survey, investigate, make statistics, manage and report data on the drug addiction situation; drug-related crimes; investigation and trial of drug-related crimes; import, export, transit, management and use of pre-substances, habit-forming substances and psychotropics; growing, re-growing, elimination and replacement of narcotics-containing plants; to build a network of information and data on drug prevention and fight and related issues.

- Responsible agency: the Ministry of Public Security.

- Coordinating agencies: the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of Defense, the Supreme People's Procuracy, the Supreme People's Court, and concerned ministries, branches and localities.

i/ Scheme 9: Intensifying international cooperation in drug prevention and fight

- (Summarized) tasks: To increase international cooperation in order to prevent the transportation of drugs into Vietnam; to formulate a mechanism for exchanging information with and contacting some countries in order to promote drug prevention and fight cooperation; to call for and mobilize assistance and aid from the international community for drug prevention and fight activities in Vietnam; to join in international cooperation activities on drug prevention and fight in the region and the world.

- Responsible agency: the Ministry of Public Security.

- Coordinating agencies: the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of Defense, and concerned ministries, branches and localities.

4. Funds for implementation of the program:

- State budget, including capital construction investment capital and non-business capital;

- ODA and other sources of international aid;

- Other lawful funding sources.

Total funds required for the national target program on drug prevention and fight up to 2010 are determined based on schemes and projects formulated and approved by responsible agencies according to their competence and on the program's regular management expenses.

5. Organization of implementation of the program:

a/ Directing the implementation of the program:

- The National Committee for Prevention and Control of HIV/AIDS, Drug and Prostitution shall inspect and urge the implementation of the national target program on drug prevention and fight; direct the combination of this program with the national target program on prevention and control of a number of social diseases, dangerous epidemics and HIV/AIDS during 2006-2010, and the inter-branch program on prostitution prevention and control during 2006-2010.

- To set up the program's Management Board headed by the Minister of Public Security and composed of members who are heads of concerned ministries, branches and organizations and shall personally direct the program implementation according to their assigned functions.

- The program's Management Board shall guide agencies and units responsible for schemes and sub-schemes to formulate, evaluate and submit those schemes and sub-schemes for approval according to their competence and regulations.

- Mechanisms for managing and administering the national target program on drug prevention and fight up to 2010 comply with regulations on management and administration of national target programs, and current regulations.

b/ Assigning agencies to manage and organize the implementation of the program:

- The Ministry of Public Security, which is in charge of managing the national target program on drug prevention and fight up to 2010, shall inspect and urge the implementation of the program and make a review report on program implementation results. The Ministry shall assume the prime responsibility for formulating, evaluating, approving, and organizing the implementation of, assigned specific schemes and sub-schemes under the program according to its competence and functions.

Annually, the Ministry shall coordinate with concerned ministries and branches in working out plans on the objectives, tasks and funding demands and proposing solutions for implementing the program; assume the prime responsibility for, and coordinate with concerned agencies in, formulating mechanisms and policies and guiding, urging, inspecting and assessing the implementation of the program by concerned ministries, branches and localities, then reviewing and reporting them to the Prime Minister.

The Ministry shall assume the prime responsibility for, and coordinate with members of the program's Management Board in, guiding ministries, branches and mass organizations to formulate schemes and projects in order to submit them for evaluation and approval according to regulations, ensuring consistency between schemes and projects under the program.

- Ministries, branches and agencies responsible for schemes and projects shall formulate, evaluate, approve, and organize the implementation of, those schemes and projects according to current regulations; take responsibility before the Government and the Prime Minister for implementation results of assigned schemes and projects; and periodically report on implementation results to the Ministry of Public Security for sum-up report to the Prime Minister.

- The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, balancing and allocating resources for the program; coordinate with concerned ministries, branches and organizations in formulating mechanisms and policies and managing the implementation of the program and, at the same time, apply mechanism- and policy-related solutions to mobilize resources for implementation of the program.

- The Ministry of Finance shall coordinate with the Ministry of Planning and Investment in allocating budgets for ministries, branches and localities to implement schemes and projects under the program in accordance with the State Budget Law; assume the prime responsibility for, and coordinate with concerned ministries, branches and agencies in, guiding expenses and their levels for schemes and projects under the program; sum up and finalize funds used for the implementation of the program and periodically report them to the Prime Minister.

- Provincial/municipal People's Committees shall:

+ Uniformly manage resources, administer and organize the implementation of the program's objectives and tasks; integrate and combine the program with locally managed programs, resources and projects, avoiding overlap; mobilize additional local resources for the program implementation.

+ Assign and decentralize responsibilities to different levels and departments and branches of the same level for organizing the implementation of the program on the principle of decentralizing more powers to and enhancing the sense of responsibility to the grassroots level.

+ Direct the effective integration of programs and projects in localities; regularly inspect and supervise the management of the program implementation and the observance of annual reporting regimes.

+ The Steering Committees for Prevention and Control of AIDS, Drug and Prostitution shall assist provincial/municipal People's Committee presidents in monitoring, urging and inspecting the implementation of the national target program on drug prevention and fight up to 2010; effectively integrate the program with programs on HIV/AIDS and prostitution prevention and control.

- The Central Committee of the Vietnam Fatherland Front and its member organizations that join in implementing the national target program on drug prevention and fight up to 2010 shall continue to effectively carry out the movement "Building healthy and drug-free communes and wards," and widely apply effective models.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decision.