Vietnam: How is the list of drug precursors currently regulated? Regulatory oversight for the transportation of drug precursors?
What is the current list of drug precursors in Vietnam?
On 25/8/2022, the Vietnamese Government issued Decree 57/2022/ND-CP regulating the list of narcotics and precursors.
In List IV of the Appendix issued together with Decree 57/2022/ND-CP, drug precursors are prescribed.
According to the above list, drug precursors such as acetic anhydride, acetic oxide, benzaldehyde,...
The list of drug precursors is prescribed as follows:
See the full list of drug precursors here.
Vietnam: How is the list of drug precursors currently regulated? Regulatory oversight for the transportation of drug precursors?
How will possession and sale of drug precursors be handled in Vietnam?
Pursuant to Article 253 of the 2015 Criminal Code, a number of provisions amended by Clause 70, Article 1 of the Law amending the 2017 Criminal Code provide as follows:
Article 253. Possession, transport, trading or appropriation of precursors for illegal manufacturing of narcotic substances
1. Any person who possesses, transports, deals in or appropriates precursors for illegal manufacturing of narcotic substances in any of the following circumstances shall face a penalty of 01 - 06 years' imprisonment:
a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for the same offence ;
b) The offence involves a quantity of from 50 g to under 200 g of solid precursors;
c) The offence involves a quantity of from 75 ml under 300 ml of liquid precursors.
2. This offence committed in any of the following circumstances carries a penalty of 06 - 13 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves the abuse of the offender's position or power;
d) The offence is committed in the name of an agency or organization;
dd) The offence involves a quantity of from 200 g to under 500 g of solid precursors;
e) The offence involves a quantity of from 300 ml under 750 ml of liquid precursors;
g) The offence involves employment of a person under 16 for commission of the offence;
h) Precursors are transported or traded across the border;
i) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 13 - 20 years' imprisonment:
a) The offence involves a quantity of from 500 g to under 1,200 g of solid precursors;
b) The offence involves a quantity of from 750 ml under 1,800 ml of liquid precursors.
4. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment or life imprisonment:
a) The offence involves a quantity of ≥ 1,200 g of solid precursors;
b) The offence involves a quantity of ≥ 1,800 ml of liquid precursors.
5. If the offence involves both solid precursors and liquid precursors, their quantities shall be converted as follows: 01 g of a solid precursor is equivalent to 1.5 ml of a liquid precursor. The offender will be prosecuted accordingly.
6. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.
Accordingly, based on the extent of the act of possession or sale of drug precursors to determine the penalty frame according to the above provisions.
In particular, the lowest penalty for possession or sale of drug precursors is from 01 to 6 years in prison and the maximum penalty is life imprisonment.
How is the transportation of drug precursors controlled in Vietnam?
Pursuant to Article 14 of the Law on Narcotic Prevention and Control 2021 stipulates as follows:
Article 14. Control of transport of narcotic substances and precursors
1. Regulatory bodies, organizations and individuals may transport narcotic substances and precursors with the permission of competent authorities; must pack and seal transported items according to regulations of competent authorities when carrying out such transport; and shall take responsibility for quantity and quality of transported items, take measures to protect these items and prevent loss during the transport process, and be subject to monitoring, inspection and supervision of competent authorities.
2. The Government shall elaborate this Article.
Accordingly, organizations and individuals that are permitted by competent agencies may transport drug precursors. Drug precursors in transit must be packed and vaccinated, have protective measures to ensure no loss and always be monitored, inspected and monitored.
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