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Decree 80/2001/nd-Cp: Guide To Controlling Illegal Activities Related To Drugs In The Country

Original Language Title: Nghị định 80/2001/NĐ-CP: Hướng dẫn việc kiểm soát các hoạt động hợp pháp liên quan đến ma túy ở trong nước

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The DECREE of the GOVERNMENT Guide to controlling illegal activities related to drugs in the country the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law on drug prevention, 2000;
According to the recommendation of the Minister of public security, the DECREE: chapter I GENERAL PROVISIONS article 1. This Decree detailed rules and guidelines to control illegal activities related to drug trafficking in the country, including allowing the tracking, checking, monitoring the activities of research, evaluation, production, preservation, storage, transport, sale, distribution, use, handle, drug metabolism addictive drugs, psychotropic drugs, precursors in the areas of health, industry, analysis, testing, scientific research, professional training, investigating crime and drug prevention, prevent the misuse of that activity into other purposes.
The control of illegal activities related to drugs for the purpose of Defense, security is not in the scope of this Decree.
Article 2.
1. Prohibit the use in the medical field of raw materials, finished products and semi-finished products containing the substances specified in the list I was attached to Decree No. 67/2001/ND-CP on 1st October 2001 the Government issued the list of drugs and precursors. The case used the substance for analysis, testing, scientific research, investigate the crime on narcotics must be licensed by the Minister of health or the Minister of public safety.
2. The research, evaluation, production, transport, storage, possession, sale, distribution, use, handle, metabolism and drug precursor regulation in the categories II, III, IV (attached to Decree No. 67/2001/ND-CP on 1st October 2001 of the Government) in the medical field , industry, analysis, testing, scientific research, professional training, crime investigation drug must be strictly controlled. The production of the substances does not imply the drug-containing crops.
Article 3.
1. The competent authority shall, within the scope of their powers is responsible for coordinating the tight control the legitimate activities related to drugs in the country.
2. Individuals, agencies and organizations conducting illegal activities related to drug trafficking in the country must comply with the provisions of the law on the prevention of drug trafficking and this Decree, other legal texts concerned and subject to the checks, the control of the competent authority under the provisions of the law.
 
Chapter II CONTROL the PRODUCTION, blending SMOKING addictive, PSYCHOTROPIC DRUGS, PRECURSORS to article 4. Only the following individuals, organizations recently produced, blending smoking addictive, psychotropic drugs, precursors in the medical field, industry: 1. The enterprise has the function of drug production, meet the conditions for technical expertise according to the regulations of the Ministry of health and the Ministry of health allowed the new raw material finished products, semi-finished products, smoking addictive, psychotropic drugs, precursors.
2. Hospitals, research institutes have beds are blending into the addictive drug products, drugs psychotropic, precursor to the sick inpatient and outpatient.
3. Enterprises are Ministry of industry indicated the production of precursors used in the industrial sector.
4. The individual is eligible under the rules of the Ministry of health, the Ministry of industry.
Article 5. The Health Ministry regulations specifically on the order, the procedure allows the production, blending the drug addictive, psychotropic drugs, precursors used in the medical field.
The Ministry of industry specific regulations about the order, the procedure allows the production of precursors used in the industrial sector.
The Ministry of health, Ministry of industry within the scope of his authority, mission guides, set the track record of the amount, quality, duration of use and the production process, blending smoking addictive, psychotropic drugs, precursors used in the medical field, industry and implement the statistical mode , reports, maintenance. Records must be kept of the time limit by the Ministry of health, Ministry of industry regulations.
 
Chapter III CONTROL the DELIVERY, receiving, storing, TRANSPORTING of DRUGS, ADDICTIVE DRUGS, PSYCHOTROPIC DRUGS, PRECURSORS to article 6.
1. The Ministry of health, Ministry of industry, Ministry of public security within the scope of his authority, duties regulated person is eligible to be directly delivered, receiving, storing, transporting of drugs, addictive drugs, psychotropic drugs, precursors used in the medical field, industry, analysis, testing, scientific research , professional training, crime investigation on drugs.
2. The recipient of the goods specified in paragraph 1 of this article must have the necessary papers and is responsible for the quality, quantity, type of the substance during transport and full interface for the direct management responsibility.
3. The delivery prescribed in clause 2 of this is checked on the concentration, concentration, quantity, quality, batch number, expiry date. When delivered, finishing two sides, got to sign and specify the name in the document repository, enter the repository.
Article 7. Drugs, precursors, addictive drugs, psychotropic drugs must be preserved in a private area of the repository or the repository, must ensure safe.
Article 8.
1. Drugs, precursors, addictive drugs, psychotropic drugs during transport must be packaged, sealed; on the packaging clearly where, enter, the name, number and must have attached. In all cases, the packaging must be enclosed packaging Slip chest, box packaging, used to specify the name of the substance, the concentration, the amount (if any), the number, date and name of the package to easily check, determine.
Individuals, agencies, organizations are shipping must take measures to ensure safety, not to suffer losses and responsible for the quantity, the quality of their goods.
2. The Ministry of public security specific regulations carriage of substances prescribed in paragraph 1 of this article, to serve for the fight against drug crime. The Ministry of health, Ministry of industry within the scope of its powers, duties specifies the transport of the substances specified in paragraph 1 of this article to serve the medical needs, industry, analysis, testing, scientific research.
 
Chapter IV CONTROL the DISTRIBUTION, sale, USE, DRUG METABOLISM, drug addictive, PSYCHOTROPIC DRUGS, PRECURSORS to article 9.
1. The Ministry of health specifies the mode of distribution, sale, use, drug metabolism, drug addictive, psychotropic drugs, precursors used in the medical field, analysis, testing, scientific research.
2. Ministry of industry specific regulation modes of distribution, sale, use, exchange money used in the industrial sector.
3. The Ministry of public security specifies the mode of distribution, sale, use, drug metabolism, drug precursors, addictive, psychotropic medications serving the research, evaluation, training, crime investigation about drug trafficking.
Article 10. The medical establishment in the people's army and the police are people buying drugs addictive, psychotropic drugs at the Central pharmaceutical companies or the pharmaceutical companies by provincial plans and the competent agencies of the Ministry of health.
Article 11.
1. Smoking addictive, psychotropic drugs must be labelled and stored in accordance with the regulations. The drug label must specify the name of the substance, product, the concentration, the concentration, the indications and contraindications, the term used, the production base.
2. The amount of the substance used in the medical field, industry, analysis, testing, scientific research must be registered and preserved in accordance with the regulations. The label must specify the name of the substance, composition, concentration, concentration, duration of use, production base.

Article 12. The Agency, organization, unit need using addictive drugs, psychotropic drugs, precursors for use in the medical field, industry, analysis, testing, scientific research must be established according to the provisions stipulated. The Ministry of health to browse planned smoking addictive, psychotropic medication for each annual needs online. The agencies, organizations, units and individuals wishing to use the precursor in the industrial sector to plan and inform The industry.
 
Chapter V the MODE of RECORDING, Report 13.
1. The basis of the production of narcotics, precursors, addictive drugs, psychotropic drugs to open the Windows form, set the track record of the amount, quality, duration of use, production processes, implement conservation mode, report, statistics in accordance with the Ministry of health, the Ministry of industry. The books and vouchers must keep within the time limit by the Ministry of health, Ministry of industry regulations. Most of the time limit for keeping the books and vouchers, unit heads are responsible for establishing the Council to proceed to cancel the books and vouchers and to set the minutes.
2. Basis of the sale, narcotics, precursors, smoking addictive, psychotropic drugs to open the Windows to track the production and warehousing. Export warehousing inventory, the votes of the substance was not written with the goods and other supplies.
3. within ten days since the warehousing narcotics, precursors, addictive drugs, psychotropic drugs, management unit must immediately report The owner.
Article 14.
1. Pharmacy, clinic, healing, directly under the base-level health center monthly report up-level health centre activities related to smoking addictive, psychotropic drugs. Online pharmacies in provincial drug business monthly reports about the drug business. Report time is 25.
2. the provincial and district level hospitals, drug business, invalids, nursing stations, hospitals and health facilities close the province's monthly report to the Health Department about the activities related to smoking addictive, psychotropic drugs. Report time is 25.
3. The medical unit of the Ministry of transportation report directly with the Health Department of transportation about the activities related to smoking addictive, psychotropic drugs.
4. Hospitals, medical facilities in the people's police force reported directly to the Ministry of Public Security Department of health. The military units reporting directly to the Department of Defense military Bureau.
The Ministry of transport, Ministry of public security, the Ministry of defence within the scope of his authority, mission specific instructions reporting mode to match the drug management in the industry.
Article 15. On 25 June and December every year, all production facilities, storage, distribution, sale, use, drug metabolism, drug addictive, psychotropic drugs, precursors to inventory and inventory report and report the first 6 years submitted to the superior administration directly. The health unit Ministry of health, provincial health department, Department of Defense military Bureau, Health Bureau Ministry of public security and Ministry of Health Department of transportation reports the first 6 of the Health Ministry. The industrial units reported the first 6 years of The industry.
Article 16. All production facilities, preparation, storage, transport, distribution, sale, use, disposal, exchange of addictive drugs, narcotics, psychotropic drugs, precursors used in the medical field, industry, analysis, testing, scientific research, professional training, crime investigation about drug trafficking all have an emergency report to the governing body directly in case of confusion , poisoning, suffered loss of these substances causes.
Article 17. When addictive drugs, narcotics, psychotropic drugs and precursors not subject to the provisions of paragraphs 1 and 2 article 24 (law on drug prevention) should handle the management unit must report to the supervisor, stating the reasons, methods of processing. The processing is only done when the superior competent authority approval in writing. The heads of the units must be handled and Council must set the minutes according to the form prescribed. When done to send the minutes and the report to the upper level management directly.
 
Chapter VI ORGANIZATION of CONTROL of LEGAL ACTIVITIES RELATED to DRUG TRAFFICKING in the country Article 18. The Ministry of public security is responsible for: 1. Coordinate with relevant agencies to manuals, the urge, check out the agencies, organizations, individuals, local implementation of the legal text on the control of legal activities related to drug trafficking in the country to prevent, prevent the use of activities that aim to illegal.
2. the General plan and the results of a long-term master plan and on the control of legal activities related to drug trafficking in the country of the Government ministries.
3. Promulgation and implementation regulations, inspection, control of narcotics and precursor served fight against drug crime.
Article 19. The Health Ministry is responsible for issuing regulations, the list of drugs causing addiction, psychotropic drug, precursor used in the medical field, analysis, testing, scientific research and the implementation of that regulation.
Guide, urge, check out the ministries, organizations, individuals, local implementation of the legal text on the control of legal activities related to drugs in the country.
Article 20. The Ministry of industry has responsibility for issuing category precursor used in the industrial sector; enact and implement regulations to manage the money of that substance.
Article 21.
1. The ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for implementing and coordinating with the authorities to control illegal activities related to drugs in the country.
2. the people's Committee in the scope of its powers, the mission is responsible for implementing the control of illegal activities related to drug trafficking in the country at his local.
Article 22. Regulatory authorities in articles from Articles 18 to 26 of this Decree, Articles within the scope of its powers, duties, are responsible for implementation tasks and inspections, to check the implementation of the regulations on control of illegal activities related to drug trafficking in the country; handling violations of the provisions of the law.
 
Chapter VII ENFORCEMENT PROVISIONS Article 23. Cost of service for the control of illegal activities related to drug trafficking in the country due to balance the State budget, in the annual budget estimates of the Ministry of public security, the Ministry of health, the Ministry of industry.
Cost of service for the control of illegal activities related to drugs in the water of the locality are balanced in the estimation of the local annual budget expenditure.
Article 24. The Ministry of health, Ministry of industry, Ministry of public security regulations the specialized agency for the control of illegal activities related to drug trafficking in the country.
Article 25. This Decree takes effect after 15 days from the date of signing. The previous provisions contrary to this Decree are repealed.
Article 26. The Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's Committee of the central cities, is responsible for the implementation of this Decree.