Laws of Vietnam

DECISION No. 139/1998/QD-TTg OF JULY 31, 1998 RATIFYING THE 1998-2000 PROGRAM OF ACTION FOR DRUG PREVENTION AND COMBAT

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Prime Minister's Decision No. 743-TTg of November 14, 1995 approving the master plan for drug prevention, combat and control in the 1996-2000 period;

At the proposal of the Chairman of the National Anti-Drug Committee in Report No. 60/UBQG of April 18, 1998 requesting the ratification of the 1998-2000 program of action for drug prevention and combat,

DECIDES:

Article 1.- To ratify the 1998-2000 program of action for drug prevention and combat (attached to this Decree).

Article 2.- This Decision takes effect 15 days after its signing.

Article 3.- The Chairman of the National Anti-Drug Committee, the ministers, heads of the ministerial-level agencies, heads of the agencies attached to the Government, presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decision.

Prime Minister

PHAN VAN KHAI

THE 1998-2000 PROGRAM OF ACTION FOR DRUG PREVENTION AND COMBAT

(Issued together with Decision No. 139/1998/QD-TTg of July 31, 1998)

In furtherance of the VIIIth National Party Congress's Resolution and the 1996-2000 socio-economic development plan; based on the "master plan for drug prevention, combat and control in the 1996-2000 period", the Prime Minister has decided to materialize the "1998-2000 program of action for drug prevention and combat" with the following specific objectives, solutions and plans:

I. OBJECTIVES

1. To thoroughly grasp the guiding principle that prevention is the main task, to raise the people's sense of self-consciousness in order to create a widespread mass movement for drug prevention and combat, with attention being paid to the family's role therein; to efficiently organize detoxification for drug addicts; to immediately stay new drug addicts, gradually reduce their number (to no less than 50% of the current number of drug addicts); to basically eliminate by the year 2000 drug addiction, especially among pupils, students and minors.

2. To prevent the re-planting of opium poppy and marijuana; to basically wipe out by the year 2000 the remaining area of opium poppy and marijuana in Vietnam.

3. To efficiently prevent the trafficking and illegal transport of narcotics, closely manage and control pre-substances; to investigate, discover, prosecute and try drug-related crimes. To basically wipe out dens of illegal drug users.

II. MAJOR TASKS AND SOLUTIONS

1. To step up the education and propaganda work:

a/ To work out education and propaganda plans on drug prevention and combat suited to each kind of object and each locality.

b/ To widely popularize on the mass media and orally cultural and artistic forms, aimed at raising the responsibilities of families, schools, agencies, enterprises, branches and levels, especially the grassroots authorities, thus raising the people's awareness of the harms caused by drug, creating an entire people's movement against this evil. To open daily and/or weekly programs/columns on drug prevention and combat on Vietnam Television, the Radio Voice of Vietnam and newspapers. To set up shock propaganda teams with the Central Committee of the Ho Chi Minh Communist Youth Union assuming the prime responsibility in coordination with the police and the concerned branches in order to propagate for drug prevention and combat, particularly among the youth and youngsters.

c/ To enhance the work of direct communication. To include the drug prevention and combat contents into activities of cultural and information houses, information and exhibition centers, the mobile information teams, the shock propaganda teams, clubs. To attach importance to forms of mini- and light artistic performance such as short plays, mini-drama pieces, comic monologue, Cheo (reformed drama) comedy, recital of poems, cartoons, etc. To strengthen the public-addressing systems in communes, wards, agricultural farms, afforestation and logging camps, enterprises, people's armed forces units for dissemination of lines, policies and legislation on drug prevention and combat. To build information and propaganda groups in populated areas in order to promptly supply information on the harms caused by drugs as well as the results of drug prevention and combat in the localities.

d/ To create artistic, cinematographic, music, painting and theatrical works of high quality, organize anti-drug exhibitions for wide-range popularization.

e/ To combine the education program on drug prevention and combat with other target programs. To create material conditions and bases, organize sport activities and healthy entertainment activities to attract young people. To include the drug prevention and combat contents in curricular or extra-curricular teaching program at schools, suited to the training objectives of each educational level and grade. To implement educational projects on drug prevention and combat in schools.

f/ To study and compile document titled "The fundamentals on drug prevention and combat" for widespread dissemination among the population.

2. To closely manage and control pre-substances and wipe out the growing of narcotics-bearing plants

a/ To supplement and strictly abide by the regulation on the management of narcotics-containing medicines and pre-substances which are legally used for medicinal purposes as well as for scientific and technological research. To raise the responsibility of medicinal agencies in the control of legal narcotics. To efficiently implement projects on the management of pre-substances in Vietnam. To tightly control the production, trading, distribution, use and transport of medicines with psychonoptic agents.

b/ To respond the plan on stopping the illegal growing of narcotics-bearing plants and developing alternatives therefor, which is launched by the United Nations; to continue mobilizing and encouraging high-land people to boost socio-economic development, restructure their economy, switch to new production lines in combination with the implementation of socio-economic programs and projects on the same territory for alternatives for opium poppy, striving by the year 2000 to basically eliminate the growing and prevent the re-growing of opium poppy and marijuana.

c/ To efficiently direct the implementation of pilot international cooperation projects on socio-economic development and alternatives for opium poppy in such key areas as Ky Son district (Nghe An province) and Song Ma district (Son La province).

3. To boost the drug-related crime prevention and combat

a/ To concentrate forces on the detection, investigation, discovery and prevention of drug-trafficking organizations. To enhance the coordination between the Police, Customs and Border Guards in tightly controlling border gates, seaports, airports, territorial waters, national highways, etc., and other drug-trafficking lines. To coordinate with international anti-drug agencies in the combat against international drug trafficking and money cleansing.

b/ To wipe out dens of illegal drug users. In 1998-1999 to focus on the clearance of such dens in cities, provincial capitals, towns and townships.

c/ To strictly control the trading, transport and use of pre-substances and chemicals which may be used for the production of drugs. To prevent the trading and use of amphetamine (ATS), especially by teenagers.

d/ To efficiently implement the project on raising capacity of the law enforcement bodies in charge of drug control under the General Department of People's Police (the Ministry of Public Security) and the General Department of Customs. To enhance the combative capability and modernize the equipment and facilities of the Police's, Customs' and Border Guards' units in the drug prevention and combat. To concentrate on building the police forces for drug-related crime prevention and combat under the Ministry of Public Security into a shock force in the struggle for drug-related crime prevention and combat in Vietnam.

e/ To build specialized departments for training anti-drug officers at the People's Police Academy and people's police training schools run by the Ministry of Public Security, in order to train and foster anti-drug officers for the Police, Customs, Border Guards, War Invalids and Social Affairs Services, etc.

f/ To raise the drug-studying and analyzing capability of juridical expertise establishments under the Ministry of Public Security and the Ministry of Heath through the equipment supply and personnel training. To build the national center for drug expertise in the Criminological Institute under the Ministry of Public Security.

g/ To maintain close coordination between the Vietnam Interpol Office, the International Police (INTERPOL) and the Southeast Asian countries' Police (ASEANAPOL) in the exchange and collection of information and hunting of drug-related offenders.

4. To step up and raise the efficiency of detoxification

a/ To bring into full play the role of the family and social organizations and in organizing the detoxification in the community, combining the work of detoxification with the building of new ways of living in population quarters. To consolidate detoxification centers in districts and provinces, popularizing exemplary detoxification models. To set up two regional detoxification centers run by the Central Government; to focus on the efficient detoxification for drug addicts in detention camps.

b/ To formulate and promulgate a nationwide uniform detoxification process. To study the application of detoxification methods and medicines with high efficiency; to raise the quality of medical examination and treatment for drug addicts at medical establishments and population communities.

c/ To continue the implementation of plan No.1413/LN of October 15, 1996 mapped out jointly by the Ministry of the Interior, the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Central Committee of the Ho Chi Minh Communist Youth Union and the Vietnam Women's Union, on the "inter-branch coordination in the prevention and combat against drug addiction among pupils, students and teenagers" so as by the year 2000 to basically eliminate the drug abuse by pupils, students and teenagers. In 1998-1999, to concentrate on reducing this social vice in Hanoi, Ho Chi Minh City and other big urban areas.

5. To build and perfect the system of legislation on drug prevention and combat.

To perfect the system of legislation on drug prevention and combat with attention to be paid to the finalization of the Bill on Drug Prevention and Combat for submission to the National Assembly by the year 2000; to amend, supplement the Penal Code, the Criminal Procedures Code, the Ordinance on Organization of Criminal Investigation and the Ordinance on the Handling of Administrative Violations, etc. In this process, attention should be paid to such documents' conformity with the international conventions.

6. To enhance international cooperation on drug prevention and combat

a/ To negotiate and sign anti-drug cooperation agreements with other countries, first of all with the countries sharing borderlines with Vietnam, such as Cambodia, Laos, China, with ASEAN countries, East-Asian, American and European countries.

b/ To efficiently implement joint drug prevention and combat projects among the 6 East-Asian countries (Vietnam, Laos, Cambodia, China, Myanmar and Thailand).

c/ To enhance cooperation with the United Nations Drug Control Program (UNDCP), the international criminal police (Interpol) and other international organizations in the work of drug prevention and combat.

d/ To fulfill the international cooperation obligations in the spirit of three 1961, 1971 and 1988 United Nations' conventions on drug prevention and combat.

e/ To organize tours, study and exchange of experiences with other countries, to participate in international conferences and seminars on drug prevention and combat, so as to raise Vietnamese officials' skills and the efficiency of drug prevention and combat in Vietnam.

III. ASSIGNMENT OF RESPONSIBILITIES

1. The National Anti-Drug Committee

The National Anti-Drug Committee shall assist the Government in guiding, inspecting and urging the materialization of legal documents of the National Assembly, the National Assembly Standing Committee, the Government and the Prime Minister on drug prevention and combat; coordinate the ministries, branches and localities in drug prevention and combat; organize the emulation and rewarding in the drug prevention and combat work. The Office of the National Anti-Drug Committee shall act as the Committee's assisting apparatus, which is responsible for summing up the situation on drug prevention, combat and control, working out general long-term and short-term anti-drug programs and plans; working out the inspection plans and submit them to the National Committee; managing the State budget allocations for anti-drug work, and acting as coordinator of international relations in this work.

2. The Ministry of Public Security

To assume the prime responsibility and coordinate with the customs agencies and border guards in the combat against drug-related crimes. To direct the people's police forces to concentrate on drug-related crime prevention and combat. To organize drug-expertizing agencies from the central level to the grassroots. To coordinate with and support the ministries and branches in drug prevention and combat. To coordinate with the police and anti-drug forces of other countries in the fight against international drug-related crimes. To organize detoxification for drug-addicted offenders being kept in prisons, detention camps or custody houses managed by the Ministry of Public Security.

3. The Ministry of Labor, War Invalids and Social Affairs

To direct and manage all provincial-level concentrated detoxification centers; to organize education, vocational training, job creation and re-integration into community for those who have given up drug addiction. To work out a plan on the building of centrally-run regional detoxification centers. To direct the implementation of the detoxification projects.

4. The Committee on Ethnic Minorities and Mountainous Areas

To assume the prime responsibility and coordinate with the Ministry of Agriculture and Rural Development, the concerned ministries and branches, the People's Committees of the provinces and cities in directing, guiding and inspecting the replacement of opium poppy and marijuana in combination with the socio-economic development program of each locality; to study and propose mechanism and policy to help mountain people restructure their production in areas where opium poppy has been wiped out. To assume the prime responsibility in directing the implementation of projects on alternatives for opium poppy and coordinate with the Ministry of Labor, War Invalids and Social Affairs in directing the prevention and combat against drug addiction in mountainous areas and areas of ethnic minorities.

5. The Ministry of Health

To direct the study and management of the production of detoxification medicines and study detoxification methods; to organize medical examination and treatment for drug addicts at medical establishments or in population communities; to manage and control the use of opium and other addictive substances in the production of pharmaceuticals and scientific research as stipulated by the State. To assume the prime responsibility in directing the implementation of the project on the management of pre-substances, project on methods for reducing the drug demand and prevention and combat against the contraction of HIV/AIDS in the community.

6. The Ministry of Education and Training

To direct the inclusion of drug prevention and combat contents in the curricular or extra-curricular education at schools. To assume the prime responsibility in enhancing the anti-drug education for pupils and students; and in implementing the projects on anti-drug education in schools.

7. The Ministry of Culture and Information

To uniformly direct, inspect and supervise agencies and mass organizations in carrying out information, propaganda and education among different people's strata on the harms caused by drugs and measures for drug prevention and combat.

8. The Ministry of Finance

To coordinate with the National Anti-Drug Committee in ensuring the full and timely allocation of State budget fund for the ministries, branches and localities in accordance with the annual budget estimate; inspecting and supervising the use of fund and final account settlement of expenditures in accordance with the current stipulations of the State.

9. The Ministry of Planning and Investment

To coordinate with the National Anti-Drug Committee in making the annual budget plans for the anti-drug work; mobilizing other resources from inside and outside the country for this work; allocating funds and managing projects on drug prevention and combat.

10. The General Department of Customs

To coordinate with the People's Police Force and Border Guards in directing the control and prevention of the illegal transport of drugs into Vietnam and from Vietnam abroad.

11. The Ministry of Defense

To direct the People's Army units, especially the Border Guards to coordinate with the People's Police Force, the Customs and other branches in the work of drug prevention and combat.

12. The Ministry of Justice

To coordinate with the concerned ministries, branches, localities and social organizations in perfecting the system of legal documents on drug prevention and combat. To take part in drafting the Bill on Drug Prevention and Combat. To organize education in the legislation on drug prevention and combat.

13. The Ministry for Foreign Affairs

To coordinate with the ministries and branches being members of the National Anti-Drug Committee in strengthening and expanding international cooperation on drug prevention and combat.

14. The Vietnam Committee for Child Protection and Care

To coordinate with the concerned ministries, branches and mass organizations in organizing prevention, combat against drug abuse among children.

15. The Supreme People's Procuracy and the Supreme People's Court are requested to enhance the direction of the prosecution and trial of drug-related cases.

16. The Central Committee of the Vietnam Fatherland Front, the Vietnam Labor Confederation, the Central Committee of the Ho Chi Minh Communist Youth Union, the Central Committee of the Vietnam Women's Union, the Vietnam War Veterans' Association, the Vietnam Peasants' Association, etc. are requested to enhance the organization and direction of their member organizations; coordinate with the Ministry of Culture and Information in organizing education on drug prevention and combat in the community for State officials and employees, pupils, students and families; to associate the anti-drug education with education on the prevention and combat against prostitution and contraction of HIV/AIDS.

17. The People's Committees of the provinces and cities directly under the Central Government shall have to direct the implementation of the work of drug prevention and combat in their respective localities.

IV. ORGANIZATION OF IMPLEMENTATION

1. To enhance the direction and management of anti-drug activities.

a/ To enhance the directing role of the National Anti-Drug Committee. To establish a management information system (MIS) to assist leaders of the National Anti-Drug Committee in coordinating, supervising and implementing anti-drug programs.

b/ To enhance the capability of collecting information, analyzing drug-related data and operations of the Office of the National Anti-Drug Committee.

c/ To publish the "Phong Chong Ma Tuy" (Drug Prevention and Combat) Magazine which shall act as an information agency of the National Anti-Drug Committee to provide guidance for the work of drug prevention and combat.

2. To perfect the system of anti-drug organizations in different branches and levels.

a/ The Ministry of Public Security, the Ministry of Defense and the General Department of Customs shall focus on building and step by step modernizing equipment and facilities of their attached units that undertake the combat against drug-related crimes; the Ministry of Labor, War Invalids and Social Affairs shall consolidate detoxification establishments in order to catch up with the other ASEAN countries by the year 2000.

b/ The ministries, ministerial-level agencies, agencies attached to the Government, mass organizations and social organizations, whose operations are related to the work of drug prevention and combat, shall set up their own steering boards for drug prevention and combat with a vice minister (or an official of equivalent level) as head of such a board. The board's head shall be assisted by full-time personnel on the payroll of the related ministry or branch.

c/ The steering boards for social evils prevention and combat of provinces or cities directly under the Central Government, shall be headed by the presidents or vice presidents of the People's Committees, with the drug prevention and combat as their central task. The Directors of the provincial/municipal Police Department shall act as the standing deputy- heads for drug prevention and combat while the board's members shall include representatives of different branches and mass organizations such as the National Anti-Drug Committee at the central level. Such a board's office shall be placed at the provincial/municipal Police Department and the steering board shall be assisted by a number of full-time personnel on the staff payroll of the provincial/municipal Police Department and part-time personnel from different provincial/municipal services, departments and branches.

d/ The urban and rural districts, provincial capitals and cities shall set up their own steering boards for social evils prevention and combat with the presidents or vice-presidents of the People's Committees as their heads, the district police directors as their deputy heads who are in charge of drug prevention and combat. The steering board's office shall be located at the general advisers' team of the district police. The steering board shall be assisted by a number of full-time officials on the payroll of the district-level police and part-time officials on the payroll of the board's member agencies.

e/ In communes, wards and district towns, there have already existed steering boards for social evils prevention and combat, with the presidents or vice-presidents of the People's Committees as their heads, the ward/commune police directors as their deputy heads who are in charge of drug prevention and combat. Such a board shall be assisted by a number of part-time police officers of wards or communes.

The performance of functions and tasks and the exercising of the powers of the anti-drug agencies of different branches and levels shall be directed by the heads of the branches and presidents of the People's Committees of different levels under guidances of the National Anti-Drug Committee.

3. Fund for drug prevention and combat.

In furtherance of Point 4, Article 1, Decision No.743-TTg of November 14, 1995 of the Prime Minister ratifying "the master plan on drug prevention, combat and control in the 1996-2000 period" and on the basis of the anti-drug work, the Government shall submit to the National Assembly for decision the annual State budget fund for anti-drug activities.

The National Anti-Drug Committee, the ministries, branches and People's Committees of different levels shall promote the socialization of this work, direct the mobilization of other capital sources inside and outside the country for the anti-drug work.

The National Anti-Drug Committee and the Ministry of Finance shall issue a joint circular on the management of the fund for drug prevention and combat. The National Anti-Drug Committee shall work out concrete working program for each quarter in order to implement this program.

The ministries, branches and the People's Committees of the provinces and cities directly under the Central Government shall, basing themselves on this program of action, draw up their own working programs for drug prevention and combat and soon report them to the Chairman of the National Anti-Drug Committee.-