Procedures for determining drug addiction status

(Chinhphu.vn) - The Government has issued Decree No. 166/2026/ND-CP regulating the dossier, procedures, and process for determining drug addiction status. The Decree takes effect from July 1, 2026.

The process of identifying drug addiction helps to classify those who illegally use drugs and those who are addicted, so that appropriate measures can be taken in accordance with the Law on Drug Prevention and Control - Illustration.

Location for determining drug addiction status

The cases stipulated in points a and b of Clause 1, Article 31 of the Law on Drug Prevention and Control include: individuals who voluntarily determine their drug addiction status; and individuals who register for voluntary drug rehabilitation in cases where they do not yet have a certificate of addiction status or have a certificate but it has been more than 6 months.

The Decree stipulates that individuals who voluntarily determine their drug addiction status, falling under the cases specified in points a and b of Clause 1, Article 31 of the Law on Drug Prevention and Control, may choose one of the following facilities: medical examination and treatment facilities with specialized activities in internal medicine, psychiatry, or family medicine; facilities treating opioid addiction with substitute medications or other addictions; or forensic psychiatric assessment facilities ( medical facilities that determine drug addiction status) that conduct drug addiction assessment after registration with the commune-level police agency.

The cases stipulated in points c, d, and e of Clause 1, Article 31 of the Law on Drug Prevention and Control include:

- While under supervision for illegal drug use as stipulated in Clause 2, Article 24 of this Law, if found to be using illegal drugs, provided that the case does not fall under the provisions of criminal law;

- Individuals undergoing post-rehabilitation management who are found to be illegally using drugs, unless they fall under the category of being prosecuted under criminal law;

- Individuals who illegally use drugs and do not have a stable place of residence, and do not fall under the two categories specified above.

The location for determining the drug addiction status of individuals proposed for assessment under the circumstances specified in points c, d, and e of Clause 1, Article 31 of the Law on Drug Prevention and Control shall be as follows:

- The determination of drug addiction status is carried out at the administrative detention facility for individuals detained under administrative procedures as stipulated in the Law on Handling Administrative Violations;

- The location for determining drug addiction status is at a medical facility specializing in drug addiction assessment, or at a location proposed by the commune-level police or the specialized agency for drug crime prevention and control (the requesting agency) in agreement with the medical facility for individuals not under administrative detention. The requesting agency is responsible for coordinating with the medical facility to ensure that all necessary conditions are met for conducting the drug addiction assessment at the chosen location.

Application for determining drug addiction status

The decree stipulates the following documents required for requesting the determination of drug addiction status:

1. For individuals falling under the cases specified in points a and b of Clause 1, Article 31 of the Law on Drug Prevention and Control , the application for determining drug addiction status must be certified by the commune-level police agency according to Form No. 01 as prescribed in the Appendix attached to this Decree.

2. For individuals falling under the cases specified in points c, d, and e of Clause 1, Article 31 of the Law on Drug Prevention and Control:

- The application for determining drug addiction status shall be prepared by the requesting agency according to Form No. 02 as prescribed in the Appendix attached to this Decree;

- A summary of the personal history of the person proposed for drug addiction assessment, using Form No. 03 as prescribed in the Appendix attached to this Decree;

- A copy of the drug test results.

3. For persons detained under administrative procedures as prescribed in the Law on Handling Administrative Violations :

- The application process follows the regulations outlined in section 2.

- A copy of the decision to temporarily detain the person in accordance with administrative procedures.

Procedures for determining drug addiction status

Furthermore, the Decree also clearly stipulates the procedures for determining drug addiction status at medical facilities; at administrative detention centers; and at locations agreed upon by the requesting agency and the medical facility.

At healthcare facilities, the process for submitting documents to determine drug addiction status is as follows:

- For individuals falling under the cases specified in points a and b of Clause 1, Article 31 of the Law on Drug Prevention and Control, the commune-level police shall send one set of documents as prescribed in Section 1 above to a medical facility to determine their drug addiction status.

- For individuals falling under the cases specified in points c, d, and e of Clause 1, Article 31 of the Law on Drug Prevention and Control, the requesting agency shall submit one set of documents as prescribed in Section 2 to a medical facility to determine their drug addiction status.

Applications for drug addiction status can be submitted in person, by mail, or electronically.

The healthcare facility responsible for determining drug addiction status is:

- Receiving applications and individuals requested to determine their drug addiction status;

- Prepare medical records in accordance with the law on medical examination and treatment;

- Conduct drug addiction assessment according to the professional guidelines of the Ministry of Health ;

- After completing the drug addiction assessment process, the medical facility assessing the drug addiction status shall prepare a Drug Addiction Assessment Results Form according to Form No. 04 specified in the Appendix attached to this Decree (Result Form) in 3 copies: 1 copy sent to the person whose drug addiction status has been assessed or their parents, guardians, or legal representatives of the person aged 12 to under 18 whose drug addiction status has been assessed; 1 copy sent to the requesting agency; and 1 copy kept in the medical record.

The results of the drug addiction assessment can be delivered in paper or electronic format.

- The requesting agency is responsible for coordinating with the commune-level police and medical facilities to determine drug addiction status, ensuring security and safety throughout the entire process of determining drug addiction status.

- The requesting agency is responsible for paying the costs of determining drug addiction status as stipulated by regulations.

Phuong Nhi

Source: https://baochinhphu.vn/thu-tuc-xac-dinh-tinh-trang-nghien-ma-tuy-102260522104029274.htm