Draft Law on Drug Prevention and Control (amended): Decision-making authority should be assigned to the Chairman of the Commune People's Committee

The draft Law on Drug Prevention and Control (amended) needs to assign authority to the Chairman of the Commune People's Committee to be responsible for making decisions and organizing the management of illegal drug users to ensure consistency in administrative management authority.

Need flexibility in management timeframe

Giving opinions on the draft Law on Drug Prevention and Control (amended) on the afternoon of November 11, delegates at Group 4 (including National Assembly delegations from Khanh Hoa , Lai Chau and Lao Cai provinces) basically agreed with the necessity of amending the Law.

Giving specific comments, National Assembly Deputy Hoang Quoc Khanh ( Lai Chau ) said that Clause 2, Article 23 of the draft Law stipulates: The period of management of illegal drug users is 01 year from the date of the management decision.

National Assembly Delegate Hoang Quoc Khanh (Lai Chau)

Agreeing with this deadline, the delegate suggested that it should be supplemented with a provision that in cases where there is evidence that the illegal drug user is being managed and has made significant progress and changes without the need to apply management measures for up to 1 year, it is possible to create conditions for them to voluntarily change, such as being allowed to work far away.

This regulation both ensures strict conditions and opens up opportunities for those who illegally use drugs to progress and continue to earn a living.

At the same time, the draft Law needs to be supplemented in the following direction: In case an illegal drug user reuses during the management period, the time limit will be recalculated from the beginning, from the date of the positive test result.

Delegates attending the discussion session Group 4

Clause 3, Article 23 of the draft Law stipulates: The People's Committee at the commune level shall manage illegal drug users in the locality.

Meanwhile, Clause 4 stipulates: Within 24 hours of receiving a positive drug test result from a local resident, the Commune Police Chief is responsible for making a decision and organizing the management of the illegal drug user...

According to delegate Hoang Quoc Khanh, it is necessary to review this regulation and assign the decision-making authority to the Chairman of the People's Committee at the commune level, instead of assigning it to the Chief of the Commune Police, to ensure consistency with administrative management authority.

Clarifying the concept of “family with special difficulties”

Article 37 of the draft Law stipulates postponement, exemption, and temporary suspension of enforcement of decisions on applying measures to send people aged 18 and over to compulsory drug rehabilitation facilities, and decisions on sending people aged 12 to under 18 to compulsory drug rehabilitation.

Accordingly, a person who must comply with the decision but has not yet been sent to a public drug rehabilitation facility or reformatory school may have the decision postponed in case the family is facing special difficulties as confirmed by the Chairman of the People's Committee of the commune where the person resides .

Basically agree with this regulation, but delegate Hoang Quoc Khanh noted that if the general regulation "has special difficulties", the Chairman of the People's Committee at the commune level would not dare to confirm. Therefore, it is necessary to specify more clearly to avoid arbitrary application and abuse.

National Assembly Delegate Sung A Lenh ( Lao Cai ) speaks. Photo: Ho Long

Sharing the above opinion, National Assembly Delegate Sung A Lenh (Lao Cai) added that " family facing special difficulties" is still general and general, without specific criteria or instructions for uniform application, easily leading to different understandings and implementations between localities.

Therefore, it is recommended that the drafting agency study and issue specific regulations or assign the Government to issue specific regulations to ensure transparency, feasibility and fairness in considering the postponement of the decision to send to a compulsory drug rehabilitation facility.

Regarding drug addiction treatment for detainees and prisoners (Article 39), Clause 1 stipulates: The State applies appropriate addiction treatment measures for drug addicts who are detainees and prisoners.

Delegate Sung A Lenh proposed to add a regulation assigning the Government to specify details of this clause, in order to clearly identify appropriate drug addiction treatment measures for drug addicts who are detainees and prisoners, ensuring feasibility and consistency in implementation.

Regarding the rights and obligations of drug rehabilitation facilities (Article 44), drug rehabilitation facilities have the obligation to prevent and combat drug smuggling into the facility.

Delegates attending the discussion session Group 4

The delegate analyzed that in reality, in addition to bringing drugs into some rehabilitation facilities, prisons, and reform schools, other stimulants such as electronic cigarettes and synthetic psychotropic drugs have also appeared. These substances have similar effects to drugs, causing negative effects on the health, psychology, and behavior of people undergoing rehabilitation, potentially causing violations of regulations, disturbing order, and even leading to relapse.

Therefore, delegate Sung A Lenh proposed to supplement and adjust the provisions at Point d, Clause 2, Article 44 in the direction of: Preventing and combating the smuggling of drugs and other stimulants into drug rehabilitation facilities.

Source: https://daibieunhandan.vn/du-an-luat-phong-chong-ma-tuy-sua-doi-nen-giao-tham-quyen-ra-quyet-dinh-cho-chu-cich-ubnd-xa-10395280.html