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Circular 04/2013/tt-Bca: Regulating The Prevention, Detection, Treatment Unauthorized Use Of Drugs In The People's Police

Original Language Title: Thông tư 04/2013/TT-BCA: Quy định việc phòng ngừa, phát hiện, xử lý hành vi sử dụng trái phép chất ma túy trong Công an nhân dân

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Numbers: 04 /2013/TT-BCA
Hanoi, January 11, 2013


Preventing the prevention, detection, disposal of unauthorized use behavior.

drugs in the Civil Security


Office of Law Enforcement, anti-narcotics December 9, 2000;

The People's Public Security Council November 29, 2005;

Base of Protocol 77 /2009/NĐ-CP September 15, 2009 of the Government, which regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Public Security;

At the suggestion of comrade General Secretary General Construction of the People's Public Security Forces;

The Minister of Public Security Department of Public Security regulates the prevention, detection, handling of the illegal use of narcotics in the People ' s Public Security.

Chapter I


What? 1. The adjustment range

This provision rules on principles, methods, responsibilities, the powers of the Security of Units, localities, and of the cadres, the soldier of the People's Public Security in the Prevention, detection, disposal of the illegal use of narcotics in the People's Public Security.

What? 2. Subject applies

It applies to the Public Security of Units, Local; the Entrance To The Public; the officer, the chief officer, the chief officer, the soldier, the worker, the officer, the officer, and the contract labour in the People's Public Security.

What? 3. Explain words

In this Information, the following words are understood as follows:

1. Recruit to the People's Public Security: Recruit, recruit citizens to the People's Public Security, recruit a limited civil service in the People's Public Security and sign a labor contract in the People's Public Security.

2. Moving out to the Public Security including: Transfer, discharge, title of Public Security and forced to quit.

3. The drug substance is the substance of addiction, the mental substance prescribed in the categories issued by the Government.

4. Drug use is behavior on its own or by others to put drugs in the body in the form of a form such as: Smoking, inhalation, drinking, injection, stinging to satisfy the need for drug use.

What? 4. Principles in Prevention, detection and processing.

1. Prevention, detection and disposal of drug-free use in the Public Security is the responsibility of each officer, the officer of the public and the responsibility of the Chancellor of the Public Security, the units in the People's Public; Regular, timely, objective, scientific and accurate; not complicated internally, affecting the credibility of the People's Public Security forces.

2. Officer, public officer if there is a definite basis for signs of drug use must all be checked, concluded, and processed.

3. prohibits acts of interference in the handling of the cadre, the soldier who uses the illicit drug or organization to the cadres, the rehab officer retains the work in the People ' s Public Security. The unit, the local officer, the officer who is in violation of the breach, does not correct the procedure, and the unit will be treated with discipline as defined by the Ministry.

4. No recruitment to the Civil Security, which uses drugs and transfers outside the People's Public Security Council, which is a drug-free agent.

Chapter II


What? 5. The responsibility of the cadres, the People ' s Public Security

1. Must enhance academic training, practice on moral qualities, lifestyle; not to be used to the unauthorized use of drugs; not to have sex with objects that have behaviorals, transport, organization of use, unauthorized possession, and drug use, except for other items. activities are regulated by law and in case of task execution, work requirements.

2. The employer reports the unit of the unit itself or the organization of the organization when the drug itself is using the drug or when he finds the staff, the other soldier uses the drug.

3. Must comply and fully implement the requirements of the authorities in the sampling process for a referendum to monitor the use of drug-based unauthorized use.

What? 6. The responsibility of the Security of Units, Local

1. The Chancellor of Public Security, the units in the People ' s Public Security must strengthen the educational propaganda for cadres, the public soldier on the harm of drugs, not to use the illicit drugs; increase the grip of the situation, manage and timely the time. Officer, a police officer who signs drug use or has ties to the subject of a trade, transportation, organization of use, unauthorized possession, and drug use. Take care of the officers and the soldiers in violation of the Code.

2. In time of the modeling organization, the requiitators for cadres, officials have the basis of determining the illegal use of narcotics in accordance with Article 7 of this.

3. Results of handling personnel, civil war workers using narcotics, Public Security units, local units report to the Ministry (through the General Directorate of Public Security Forces) to gather surveillance.

What? 7. The case must be held

Officers, soldiers in the payroll; corporal officer, serving as a serving officer and student of the Public Security School, if one of the following works has a determined basis for the use of a drug that has to be held on the basis of the operation: management of the staff; investigation, The reconnaissance of the service units; the complaint letter of the people's masses; immunology screening testing (using test tests).

What? 8. Other non-organizing cases

1. The officer, the self-recipient of the self-recipient, is not organized and settled by regulation at Article 13 of this Article 13.

2. The contracting cases in the People ' s Public Security, temporary subjects and subjects who signed the labour contract if the conduct of the test are positive for the drug are not organized and resolved by regulation at point d, clause 1 Article 13. This is private.

What? 9. The method, the principle of sampling

1. The method of monitoring is gas chromatology.

2. The sample is urine: The urine samples are collected in 2 50ml bottles (each one must load enough 2/ 3), preserved in a temperature range from 0 ° C to 10 ° C (for refrigeration or marinated in a porous box). Do not use the plastic jar and the rubber button when the urine sample is collected.

The template must be encrypted and sealed, not directly to the name and unit of the officer's work, the soldier is given a sample to ensure that the objective is to proceed.

3. The jury must break up, secret and surprise to the cadres, the soldier being samed to avoid coping.

What? 10. Collation, Display.

1. Security of units, local officials, soldiers have to organize a referendum on the use of drug-based drug use, then the body of building forces proposing to be authorized under the provisions of Article 2 of this decision, decided to establish the organization. to collect the monitoring and the monitoring of the specialized agency (the accompanying decision model).

2. The authority decided to establish the Foundation:

a) For units of the Ministry appointed by the Prime Minister to establish the Foundation.

b) For subordinated units by the head of the body, the body of the General Staff (Bureau of Staff; Political Bureau; Political Bureau, Political Bureau or Political Bureau, logistics) decided to establish the Foundation.

c) For the academy, the People ' s Public School is chaired by the director, the principal decided to establish the Foundation.

d) For the Public Security of the Provinces, the city and the Department of Fire Police and the firefighting of the provinces, the Central City of Central City by the director of Public Security of the Provinces, the city and the director of the fire department police department and firefighting of the provinces, the Central City of Central decided to establish the Foundation.

3. The organizational component of:

a) Chief of the Organization of the Organisor or Building of the Force,

b) The unit leadership has the staff, the security officer needs to collect the judging panel.

c) The medical agency-Member. For units of the Ministry, the units of the General Directorate have no medical authority, which is requiitated with the Department of Public Health Department, the Bureau of Administration, General Department of Logistics-Engineering as a member;

d) Representative of the Criminal Engineering Department (for the Public Security of the Provinces, Central City)-Members.

4. The organization is responsible for organizing the collection, editing and sealing of the sample, which organizes the monitoring of the professional body.

What? 11. The Agency for Authority

1. Public Security of Units, local conduct of the judging panel at one of the following agencies:

a) Institute of Criminal Sciences, Ministry of Public Security.

b) The Civil Engineering Department of the Provinces, the Central City of the Central City (for rooms with sufficient technical means of monitoring).

2. The Institute of Criminal Sciences, the Ministry of Public Affairs in charge of the organization of the organization, answers the results of the designation to the cases assigned by the Public Security, the local organization of the organization, and the responsibility for guidance, support of the Department of Public Criminal Engineering. The province, the Central city, uses a drug-monitoring device in a method of engineering chromatology in the process of sampling, monitoring; issuing patterns of sampling, judging (the receipt of the sampling, the sealed sample, the pattern). determinate of the judging panel, the judging conclusion ...).

What? 12. The Cost of Judging

1. The monitoring fee, test of cadres, soldiers in the payroll; corporal officer, serving as a serving member; the draft object, temporary, and subject to the signing of the labour contract in the Civil Security of the unauthorized use of narcotics, the Security of Units, It's from the state budget.

2. The Criminal Science Institute, the Department of Public Security, is in fact the cost of the examiner, and the Department of Public Affairs reports that the Department of State is going to be able to pay for the degree of funding, and to inform the public, the local units, and the local units.

What? 13. Resolve the cases of drug use

1. Public Security of Units, Local Base Rules, Regulations and devolve responsibility between the Department of Public Security on some issues in organizational work, the staff of the People 's Public Security and regulations on handling disciplinary action, the People' s Public Security Officer. to make a decision or offer a competent authority to decide the form of treatment:

a) For the cadres, the soldiers in the borders of the People's Public Security, the extent to the extent of the crime, the process of working, the circumstances of the family to process the discipline, and also to move beyond the People's Public Security forces.

b) The title of the Civil Security to the Chief Minister, a serving soldier with a deadline in the People's Public Security.

c) forced to learn from the students of the academy, the School of Public Security.

d) End of contract for contract labour in the People ' s Public Security.

No admissions to the People's Public Security or cancellation of a provisional decision on the subject is in the time of a temporary entrance to the People's Public Security.

2. Security of units, local officials, soldiers being processed outside the People's Public Security, due to the use of narcotics to inform local authorities where cadres, soldiers reside in order to manage and organize addiction. The law of the law.

What? 14. Resolve complaint

1. When there is a complaint of conclusions, the handling of the illegal use of narcotics in the People 's Public Security is the body to build forces of units of subordinated units; the Directorate General; the academy, the People' s Public School; Public Security of the Provinces, Cities and Police Department. Fire and firefighting of the provinces, the central city of the Central Committee is responsible for review, the report issued by the jurisdiction of the law on the resolution of the complaint.

2. The modeling case, the first implementation of the specified implementation at Article 9, Article 10, and Article 11 of this information do not take a sample, the redefining referendum.

3. The modeling case, the first implementation of the specified implementation at Article 9, Article 10 or Article 11 of this Information, then take the template, the redefining referendum. The procedure, the sampling procedure, the reregulation referendum is carried out by regulation at Article 9, Article 10, Article 11 and Article 12 of this Information.

Chapter III


What? 15.

This message has the enforcement effect since March 1, 2013 and replaces the No. 1 decision. 05 /2005/QĐ-BCA (X18) ) January 6, 2005, of the Minister of Public Security, issuing provisions for prevention, detection, handling of cadres, soldiers, employees, public practitioners, and the use of narcotics.

What? 16. Organization to execute

1. General Secretary, Chief of the Department, Director of Public Affairs, Director of Public Security, Department of Fire and Rehabilitation Department, Central Central City has a common sense of responsibility to the staff, the chief of staff, and the organization.

2. The Directorate General of Construction of the People ' s Public Security Forces is responsible for helping the Minister to monitor, guide, examine the implementation of this Information.

3. In the course of the execution if there is an entanging, the Public Security of Units, local reports of the Ministry (through the Directorate General Building the People's Public Security Force) to gather the report of the Minister for review, the ./.



The General of the Sword