Vietnam: If I test positive for drugs in my body, will I go to jail? Which cases are required to test for narcotic substance in body?
If I test positive for drugs in my body, will I go to jail?
According to the provisions of Chapter XX of the 2015 Criminal Code of Vietnam, the 2017 Law on amendments to the Criminal Code, drug-related crimes include the following crimes:
Article 247. Growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances
Article 248. Illegal manufacturing of narcotic substances
Article 249. Illegal possession of narcotic substances
Article 249. Illegal possession of narcotic substances
Article 251. Illegal deal in narcotic substances
Article 252. Appropriation of narcotic substances
Article 253. Possession, transport, trading or appropriation of precursors for illegal manufacturing of narcotic substances
Article 254. Manufacturing, possession, transport, trading of instruments and equipment serving illegal manufacturing or use of narcotic substances
Article 255. Facilitation of illegal use of narcotic substances
Article 256. Concealment of illegal use of narcotic substances
Article 257. Forcing others to use narcotic substances
Article 258. Persuading or inciting others to use narcotic substances
Article 259. Offences against regulations on management, use of narcotic substances, precursors, narcotic drugs and psychotropic drugs
Thus, there is currently no regulation on criminal prosecution for illegal drug users who have positive results when testing drugs in the body.
Vietnam: If I test positive for drugs in my body, will I go to jail? Which cases are required to test for narcotic substance in body? (Image from the Internet)
Which cases are required to test for narcotic substance in body?
In Article 22 of the 2021 Law on Prevention and Control of Narcotic Substances of Vietnam, there are regulations on testing for narcotic substance in body in Vietnam as follows:
Testing for narcotic substance in body in Vietnam
1. The following cases are required to test for narcotic substance in body:
a) Persons found to have used a narcotic substance illegally;
b) Persons presumed to have used a narcotic substance illegally by the competent authority or person based on sufficient grounds;
c) Drug users currently under management;
d) Persons currently subject to commune-level educational measures due to illegal use of narcotic substances; currently undergoing rehabilitation; currently receiving opioid substitution therapy; or currently under post-rehabilitation management.
2. Heads of rehabilitation centers and facilities for opioid substitution therapy; and persons having competence in imposing administrative penalties on illegal use of narcotic substances have the power to carry out testing for narcotic substance in body intra vires or request qualified authorities or persons to perform this test for the cases mentioned in Clause 1 herein.
Positive test results shall be immediately sent to Chairpersons of the People’s Committees of the communes where the persons testing positive reside, unless these persons are undergoing compulsory rehabilitation.
3. Testing for narcotic substance in body for the cases mentioned in Clause 1 of this Article shall be covered by the State.
Thus, according to the above regulations, the following cases are required to test for narcotic substance in body:
- Persons found to have used a narcotic substance illegally;
- Persons presumed to have used a narcotic substance illegally by the competent authority or person based on sufficient grounds;
- Drug users currently under management;
- Persons currently subject to commune-level educational measures due to illegal use of narcotic substances; currently undergoing rehabilitation; currently receiving opioid substitution therapy; or currently under post-rehabilitation management.
What is the penalty imposed upon persons illegally using drug?
Pursuant to Clause 1, Article 23 of Decree 144/2021/ND-CP of Vietnam, Point d Clause 8, Article 23 of Decree 144/2021/ND-CP of Vietnam stipulating violations against regulations on prevention, combat and control of narcotic substances 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.
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8. Additional penalties:
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d) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
In addition, according to Article 28 of the 2021 Law on Prevention and Control of Narcotic Substances of Vietnam, drug users can also apply rehabilitation measures:
Rehabilitation measures
1. Rehabilitation measures consist of:
a) Voluntary rehabilitation;
b) Compulsory rehabilitation.
2. Voluntary rehabilitation shall take place in families, communities or rehabilitation centers; compulsory rehabilitation shall take place in public rehabilitation centers.
Pursuant to Clause 1, Article 30 of the 2021 Law on Prevention and Control of Narcotic Substances of Vietnam, Article 32 of the 2021 Law on Prevention and Control of Narcotic Substances of Vietnam, depending on the subjects, rehabilitation measures will be applied:
Voluntary rehabilitation in families and communities
1. Voluntary rehabilitation in families and communities is the process where drug addicts undergo voluntary rehabilitation in their families and communities with professional assistance from rehabilitation service providers, cooperation and support from their families and communities and management of the commune-level People’s Committee.
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Persons subject to administrative penalty of compulsory rehabilitation in rehabilitation centers
Drug addicts aged 18 or older shall be subject to the administrative penalty of compulsory rehabilitation in rehabilitation centers according to regulations of the Law on Handling Administrative Violations in any of the following cases:
1. They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;
2. They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;
3. They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment;
4. They relapse while subject to post-rehabilitation management.
Thus, illegal users of narcotics are not criminally prosecuted, but will be handled for administrative violations and applied rehabilitation measures.
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