New Points in the Order and Procedures for Determining Drug Addiction Status

On May 15, 2026, the Government officially promulgated Decree No. 166/2026/ND-CP, establishing an in-depth legal framework governing the dossier, order, and procedures for determining drug addiction status. This Decree marks an important step in giving concrete effect to the provisions of the Law on Drug Prevention and Control, optimizing state management, and ensuring accuracy and consistency in administrative and medical procedures.

To provide our readers, agencies, and organizations with a comprehensive and in-depth view, Bizlawyer presents below an analysis of the core points of this process, which officially took effect on July 1, 2026.

1. Locations Permitted for Determining Addiction Status

In order to ensure flexibility and suitability to the actual circumstances of the individuals concerned, Decree No. 166/2026/ND-CP clearly identifies three (03) locations at which the determination of drug addiction status may be carried out:

• – At a medical facility meeting the conditions prescribed by law
• – At the place of administrative detention, or
• – At a location selected by the requesting agency in agreement with the medical facility

2. Procedures for Submitting and Receiving Dossiers at Medical Facilities

The procedures for preparing and transferring dossiers are strictly designed according to the classification of individuals under the Law on Drug Prevention and Control:

• – For individuals falling under Point a and Point b, Clause 1, Article 31 of the Law on Drug Prevention and Control: the commune-level Police agency is responsible for preparing and sending one (01) dossier (under Clause 1, Article 3 of Decree No. 166/2026/ND-CP).
• – For individuals falling under Point c, Point d, and Point đ, Clause 1, Article 31 of the Law on Drug Prevention and Control: the requesting agency is responsible for completing and sending one (01) dossier (under Clause 2, Article 3 of Decree No. 166/2026/ND-CP) to the medical facility.

Method of submission: In keeping with the trend of administrative modernization, competent agencies may choose any of the following methods:

• – Direct submission
• – Submission by post
• – Electronic submission

3. Legal Responsibilities and Professional Procedures of the Medical Facility

Upon receiving the dossier, the medical facility acts as the professional agency responsible for carrying out the following activities:

Professional procedures of the medical facility

1. Receipt and processing: Receiving both the administrative dossier and the individual proposed for determination of addiction status.
2. Establishing the medical record: Creating the medical record in accordance with the applicable treatment protocol and the regulations of the law on medical examination and treatment.
3. Conducting the determination of drug addiction status: Carrying out the determination process on the basis of the stringent professional guidelines issued by the Ministry of Health.
4. Preparing the Result Form: Upon completion of the process, the medical facility prepares the Drug Addiction Status Determination Result Form (Form No. 04 of the Appendix attached to the Decree).

This Result Form is prepared in three (03) copies of equal legal validity, with access to the information clearly delineated as follows:

• – 01 copy is handed directly to the individual whose addiction status is determined (or to their father, mother, guardian, or legal representative, if the individual is aged from 12 to under 18 years)
• – 01 copy is sent to the requesting agency to serve as the basis for subsequent handling; and
• – 01 copy is retained in the medical record for internal management purposes

Form of the document: The results are issued either in traditional paper form or in electronic form having legal evidentiary value.

4. Coordination Mechanism and Financial Obligations

Given the particular nature of addiction-determination activities, Decree No. 166/2026/ND-CP requires the requesting agency to take the lead and closely coordinate with the commune-level Police and the medical facility in order to ensure absolute safety throughout the implementation process.

With regard to costs, the requesting agency bears full responsibility for paying all costs incurred in connection with the determination of addiction status, in accordance with the applicable financial regulations.

Conclusion

TThe changes introduced by Decree No. 166/2026/ND-CP are not merely a set of guiding provisions, but a coherent legal mechanism that clearly delineates responsibility between the administrative management agencies (the Police and the requesting agency) and the professional agency (the health sector). Strict compliance with this process is a prerequisite for safeguarding human rights, ensuring accuracy in law enforcement, and enhancing the effectiveness of drug prevention and control in Vietnam going forward.