Is the coca plant a plant containing narcotic substances? How much is the fine imposed for growing coca plants in Vietnam?
Is the coca plant a plant containing narcotic substances?
Pursuant to the provisions of Clause 6, Article 2 of the Law on Prevention and Control of Narcotic Substances 2021, there are regulations on plants containing narcotic substances as follows:
Definitions
For the purposes of this Law, the terms below shall be construed as follows:
...
6. “plants containing narcotic substances” includes the poppy plant, coca plant, cannabis plant and other plants containing a narcotic substance stipulated by the Government.
...
Thus, the coca plant is a plant containing narcotic substances.
Is the coca plant a plant containing narcotic substances? How much is the fine imposed for growing coca plants in Vietnam? (Image from the Internet)
How much is the fine imposed for growing coca plants in Vietnam?
Pursuant to Clause 3, Article 23 of Decree 144/2021/ND-CP, violations against regulations on prevention, combat and control of narcotic substances are as follows:
Violations against regulations on prevention, combat and control of narcotic substances
1. A warning or a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for illegal use of narcotic substances.
2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the following violations:
a) Illegally possessing, transporting or appropriating narcotic substances without bringing criminal prosecution
b) Possessing, transporting, trading or appropriating precursors used in illegal manufacturing of narcotic substances;
c) Manufacturing, possession, transport, trading of instruments and equipment used in illegal manufacturing or use of narcotic substances.
3. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing opium poppy plants, coca plants, cannabis plants, khat plants other plants containing narcotic substances.
...
Pursuant to Clause 8, Article 23 of Decree 144/2021/ND-CP, the violations against regulations on prevention, combat and control of narcotic substances are as follows:
Violations against regulations on prevention, combat and control of narcotic substances
...
8. Additional penalties:
a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
b) Suspend the license, practicing certificate, certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 4 and 6 of this Article;
c) Suspend operation for 03 - 06 months in case of commission of the violation specified in points b and g Clauses 5 of this Article;
d) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
...
A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing coca plants.
In addition, the exhibits and means used for committing administrative violations shall be confiscated. Foreigners growing coca plants shall be expelled.
Thus, the act of growing coca plants can be subject to a administrative fine up to 10,000,000 VND for individuals and up to 20,000,000 VND for organizations (Pursuant to the provisions in Clause 2, Article 4 of Decree 144/2021/ND-CP).
How many years of imprisonment shall a person who grows coca plants be held criminally liable for?
Pursuant to the provisions of Article 247 of the 2015 Criminal Code, supplemented by Point n, Clause 1, Article 2 of the Law on amendments to the Criminal Code 2017, regulations on the crime of growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances are as follows:
Growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances
1. Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances specified by the Government in any of the following circumstances shall face a penalty of 06 - 36 months' imprisonment:
a) The offender has been reprimanded twice and enabled to earn decent living;
b) The offender has incurred an administrative penalty or has an unspent conviction for the same offence ;
c) The offence involves a quantity of from 500 to under 3,000 plants.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence involves a quantity of ≥ 3,000 plants;
c) Dangerous recidivism.
3. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
4. The person who commits the offence specified in Clause 1 of this Article but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal responsibility.
Thus, any person who grows coca plants in any of the following circumstances shall face a penalty of:
(1) 06 - 36 months' imprisonment
- The offender has been reprimanded twice and enabled to earn decent living;
- The offender has incurred an administrative penalty or has an unspent conviction for the same offence ;
- The offence involves a quantity of from 500 to under 3,000 plants.
(2) 03 - 07 years' imprisonment
- The offence is committed by an organized group;
- The offence involves a quantity of ≥ 3,000 plants;
- Dangerous recidivism.
In addition, the offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.
The person who commits the offence specified in (1) but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal responsibility.
LawNet