Procedures for granting licenses to import and export narcotics
1. Procedures for granting licenses to import and export narcotics:
The import and export of narcotics is one of the conditional activities and is under the strict management of competent state agencies. Therefore, when carrying out import and export activities of narcotics, it is necessary to carry out procedures for applying for a license at a competent state agency according to legal procedures. Because in reality, drugs cause many unpredictable harms to people's lives. Drugs are one of the causes of crime, disrupting social order and security and affecting the health of the community. When introduced into human health, drugs cause intoxication and confusion in the mind, causing psychotic reactions and damage to the central nervous system, causing abnormal psychological states. Often, drugs can destroy some of the body's basic functions and create new feelings, even hallucinations and reduce pain. Therefore, in medicine, drugs are used as a pain reliever. However, drug use needs to be strictly controlled by the government and not used arbitrarily or indiscriminately. In the 2015 Penal Code, drug crimes also account for a large proportion, showing the government's strong deterrence for criminals in this field. Currently, based on the provisions of Article 20 of Decree No. 105/2021/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control, there are regulations on procedures for drug prevention and control. Procedures for granting licenses to import and export narcotics. Accordingly, when there is a need to carry out import and export activities of narcotics, it is necessary to carry out procedures for applying for a license at a competent state agency through the following steps:
Step 1:Subjects wishing to apply for a license to import and export narcotics need to prepare a complete and valid dossier to submit to the competent state agency. The components of the dossier to carry out administrative procedures to apply for a license to import and export narcotics are analyzed in the section below. Papers and documents play an extremely important role in determining the success of implementing this administrative procedure.
Step 2:After preparing a valid dossier, subjects wishing to apply for a license to import and export narcotics also submit the dossier to the competent state agency. The competent authority in this case is determined to be the Ministry of Public Security,Ministry of Agriculture and Rural Development Pursuant to the provisions of Article 19 of Decree No. 105/2021/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control. There are many forms to submit applications. Subjects can submit directly at the application receiving department of the competent state agency, submit via post or even submit electronic documents through the online public service portal system of the Ministry of Public Security, online public service portal of the Ministry of Agriculture and Rural Development on the national single-window information portal.
Step 3: After receiving the application, within 03 working days at the latest from the date of receipt of complete application for a license to import and export narcotics according to the provisions of law, the competent state agency Authorities need to conduct appraisal procedures and issue licenses to import and export narcotics to applicants if deemed to meet the legal conditions.
Step 4:Within no later than 10 working days from the date of receipt of the application for a license to export or import narcotics, the competent state agency must carry out appraisal procedures and implement Currently notifying pre-export activities and granting licenses to import and export narcotics. In case the competent state agency does not approve the request for notification of import and export proceeds, the licensing agency will not be able to issue drug import and export licenses to the subjects submitting the dossiers. It is necessary to respond in writing to businesses and clearly state the reasons.
Step 5: Receive results at a competent state agency, the result of administrative procedures in this case is a license to import and export narcotics.
2. Components of an application for a license to import and export narcotics:
Pursuant to the provisions of Article 20 of Decree No. 105/2021/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control, with notes on the composition of the dossier Request for a license to import and export narcotics, specifically including the following papers and documents:
– An application for a license to import and export narcotics from the enterprise according to the form prescribed by law;
– The original copy of the export license or import license issued by the competent state agency of the country where the exported or imported goods are located;
– A certified copy at a competent state agency of the investment certificate, business registration certificate issued by a competent agency, orBusiness registration certificate, certificate that the enterprise is eligible to conduct production and business activities in the field permitted to do business according to regulations, certificate of eligibility to export and import, certificate of storage Practicing veterinary drugs in the territory of Vietnam;
– Copies of contracts and orders related to the export and import of narcotics;
– Product quality analysis slips from manufacturers or product inspection results slips and product labels for veterinary drugs containing narcotics. If the document is written in a foreign language, it must be accompanied by a Vietnamese translation notarized at a notary practice organization according to the provisions of law.
3. Authority to carry out import and export activities of narcotics:
Pursuant to Article 19 of Decree No. 105/2021/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control, there are regulations on activities conducted when the Ministry of Public Works. AccordinglyThe Ministry of Public Security allows agencies and organizations to conduct the following activities:
– Importing and exporting narcotics and precursors on the List of narcotics and precursors prescribed by the competent authority, the Government (except for narcotics and precursors that are medicinal ingredients, must be special control permitted by the Ministry of Health and industrial precursors managed and permitted by the competent state agency, the Ministry of Industry and Trade);
– Transit into the territory of Vietnam of narcotics and precursors on the List of narcotics and precursors prescribed by the competent state agency, that is, the Government; narcotic drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are narcotic drugs, psychotropic drugs, drug precursors and veterinary drugs containing narcotics and precursors.
According to the above regulations, the competent state agency, the Ministry of Public Security, has the authority to allow organizations to conduct export and import activities of narcotics.
Legal documents used in the article:
– Decree No. 105/2021/ND-CP of the Government detailing and guiding the implementation of a number of articles of the Law on Drug Prevention and Control.