Regulations on possessing drug under Vietnam law

Hello Lawyer, the society in Vietnam today is becoming more developed and creating new kinds of crime. I have an acquaintance who was recently arrested by the police for possessing 100g of synthetic drugs. I often hear that drug-related offenses usually carry the death penalty. So about the matter “Regulations on possessing drug under Vietnam law” Let’s find out with LSX in the article below.

Legal grounds

• Penal Code 2015 amended and supplemented in 2017

What is illegal possession?

Unauthorized possession is the (Act) of illegally storing a specific object (in person, at home, at work or somewhere else).

Storing in a Vietnamese dictionary is understood as “keeping” or hiding, so that no one knows. However, this concealment is not intended for sale, transportation or production.

Illegal is doing things that are not allowed by the law, contrary to the provisions of the law

From that, it can be understood that illegal possession is the storage of a certain amount of goods or objects, which is contrary to the provisions of law.

Crimes of illegal possession

Due to the special nature of some objects, the act of illegally possessing one of these objects is considered a crime by Vietnamese criminal law. That is:

– Illegally possessing military weapons and military technical means;

– Illegal possession of explosives;

– Illegally possessing rudimentary weapons or supporting tools;

– Illegally possessing radioactive substances;

– Illegally possessing inflammable and toxic substances.

– Crime of illegally possessing depraved cultural products;

– Illegal possession of narcotics;

– Illegally possessing precursors used in drug production;

– Illegally possessing means and tools used in the production and use of narcotics.

Regulations on posessing drug under Vietnam law

It can be understood that “illegal possession of narcotics” is the illegal hiding or storage of narcotics anywhere (hidden on a person or a certain location) without the purpose of trading or illegal transportation and production of narcotics.

n Article 249 of the Penal Code 2015, amended in 2017 there are provisions on the crime of illegal possession of narcotics, according to which the elements constituting this crime are as follows:

• Regarding the subject: The subject of the crime of illegal possession of narcotics is any person with criminal capacity, with offenders from full 14 to under 16 years old, they will only be examined for penal liability. Crime of illegally possessing narcotics when committing a serious or particularly serious crime.

• In terms of object: The illegal possession of narcotics violates the State’s regulations on drug management.

• Objectively: Illegal possession of narcotics is carried out under the acts of illegally hiding or storing narcotics anywhere without the purpose of trading or producing or transporting substances. drug.

In addition, the consequences of illegal possession of narcotics are not mandatory signs to constitute a crime.

• Subjectively: The offenders illegally possessing narcotics commit acts of violation with intentional fault. That is, they know their behavior can have serious consequences for others and society, infringing on relationships protected by law but still let the consequences happen.

Sanctions for illegal possession of drugs

Administrative fines

Pursuant to Article 23 of Decree 144/2021/ND-CP stipulating violations of regulations on drug prevention, combat and control as follows:

A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Illegally possessing, transporting or appropriating narcotics but not being examined for penal liability;

b) Storing, transporting, trading in or appropriating pre-substances used in the illegal production of narcotics;

c) Producing, storing, transporting or buying and selling means and tools used in the illegal production or use of narcotics.

According to the above regulations, for acts of illegally possessing narcotics, the lowest administrative sanction is from VND 2,000,000 to VND 5,000,000.

In addition, people who illegally possess narcotics will have their exhibits and means of violation confiscated.

Note: The above fine level applies only to individuals. For organizations with the same violations, the fine level is 2 times higher than the fine level for individuals. (Based on Clause 2, Article 4 of Decree 144/2021/ND-CP).

Criminal responsibility

According to Article 249 of the Penal Code 2015 amended and supplemented in 2017

The crime of illegal possession of narcotics may be subject to the following penalty frames:

1. Those who illegally transport narcotic substances not for the purpose of illegally producing, trading or storing narcotic substances shall be sentenced to between 02 and 07 years of imprisonment:

a) Has been administratively sanctioned for this act or has been convicted for this crime, has not yet had his criminal record cleared but still commits it;

b) Opium resin, cannabis resin or coca extract weighing from 1 gram to under 500 grams;

c) Heroin, cocaine, Methamphetamine, Amphetamine, MDMA weighing between 0.1 grams and under 05 grams;

d) Cannabis leaves, roots, stems, branches, flowers, fruits or coca leaves weigh between 10 kilograms and under 25 kilograms;

dd) Dried poppy fruit weighing between 05 kilograms and under 50 kilograms;

e) Fresh poppy fruit weighing between 1 kilogram and under 10 kilograms;

g) Other narcotic substances in solid form weighing from 1 gram to under 20 grams;

h) Other narcotic substances in liquid form with a volume from 10 milliliters to less than 100 milliliters;

i) Having 02 or more narcotic substances whose total quantity is equivalent to the quantity of narcotic substances specified at one of the points from b to h of this clause.

2. Committing the crime in the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:

a) Organized;

b) Committing the crime twice or more;

c) Abusing positions and powers;

d) Taking advantage of the name of an agency or organization;

dd) Employing a person under 16 years of age to commit a crime;

e) Cross-border transportation;

g) Opium resin, marijuana resin or coca extract weighing between 500 grams and under 1 kilogram;

h) Heroine, cocaine, Methamphetamine, Amphetamine, MDMA weighing between 05 grams and under 30 grams;

i) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing between 10 kilograms and under 25 kilograms;

k) Dried poppy fruit weighing between 50 kilograms and under 200 kilograms;

l) Fresh poppy fruit weighing between 10 kilograms and under 50 kilograms;

m) Other narcotic substances in solid form weighing between 20 grams and under 100 grams;

n) Other narcotic substances in liquid form with a volume from 100 milliliters to less than 250 milliliters;

o) Having 02 or more narcotic substances whose total quantity is equivalent to the quantity of narcotic substances specified at one of the points from g to n of this Clause;

p) Dangerous recidivism.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 15 and 20 years of imprisonment:

a) Opium resin, cannabis resin or coca cocoa weighing between 01 kilogram and under 05 kilograms;

b) Hêrôin, côcain, Methamphetamine, Amphetamine, MDMA có khối lượng từ 30 gam đến dưới 100 grams;

c) The cannabis plant’s leaves, roots, stems, branches, flowers, fruits or leaves weigh between 25 kilograms and under 75 kilograms;

d) Dried poppy fruit weighing between 200 kilograms and under 600 kilograms;

dd) Fresh poppy fruit weighing between 50 kilograms and under 150 kilograms;

e) Other narcotic substances in solid form weighing between 100 grams and under 300 grams;

g) Other narcotic substances in liquid form with a volume from 250 milliliters to less than 750 milliliters;

h) Having 02 or more narcotic substances whose total quantity is equivalent to the quantity of narcotic substances specified at one of the points from a to g of this Clause.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to 20 years’ imprisonment, life imprisonment or capital punishment:

a) Opium resin, cannabis resin or coca extract weighing 5 kilograms or more;

b) Heroin, cocaine, Methamphetamine, Amphetamine, MDMA weighing 100 grams or more;

c) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing 75 kilograms or more;

d) Dried poppy fruit weighing 600 kilograms or more;

dd) Fresh poppy fruit weighing 150 kilograms or more;

e) Other narcotic substances in solid form weighing 300 grams or more;

g) Other narcotic substances in liquid form with a volume of 750 milliliters or more;

h) Having 02 or more narcotic substances whose total quantity is equivalent to the quantity of narcotic substances specified at one of the points from a to g of this Clause.

5. The offenders may also be subject to a fine of between VND 5,000,000 and 500,000,000, a ban from holding certain posts, practicing certain occupations or doing certain jobs for 1 to 5 years, or having part or all of the work confiscated.

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Please see more

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• What is the penalty for trading counterfeit drugs in Vietnam?
• How to handle counterfeit goods in Vietnam?

Frequently asked questions

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