Collection of 40 first-instance judgments on the crime of illegal storage of narcotics in Vietnam

What are the penalties for the offender of the crime of illegal storage of narcotics in Vietnam?

The level of penalties for the crime of illegal storage of narcotics according to Article 249 of the Criminal Code 2015 (amended 2017) is as follows:

- Frame 1:

Anyone who illegally possesses narcotics without the intention of buying, selling, transporting, or illegally producing narcotics under any of the following cases shall be sentenced to imprisonment from 01 year to 05 years:

- Has been administratively sanctioned for the act prescribed in this Article or has been convicted of this crime or any of the crimes prescribed in Articles 248, 250, 251, and 252 of the Criminal Code 2015, whose criminal record has not been expunged and continues to violate;

- Opium resin, cannabis resin, or coca sap with a mass from 01 gram to under 500 grams;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass from 0.1 gram to under 05 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotics as regulated by the Government of Vietnam with a mass from 01 kilogram to under 10 kilograms;

- Dry opium poppy with a mass from 05 kilograms to under 50 kilograms;

- Fresh opium poppy with a mass from 01 kilogram to under 10 kilograms;

- Other narcotics in solid form with a mass from 01 gram to under 20 grams;

- Other narcotics in liquid form with a volume from 10 milliliters to under 100 milliliters;

- Possesses 02 or more types of narcotics, where the total mass or volume of these substances is equivalent to the mass or volume of the narcotics prescribed at one of the points from point b to point h of this clause.

- Frame 2:

Anyone who commits the crime under any of the following cases shall be sentenced to imprisonment from 05 years to 10 years:

- Organized crimes;

- Commits the crime 02 times or more;

- Taking advantage of their position and power;

- Using the cover of an agency or organization;

- Using a person under 16 years old to commit the crime;

- Opium resin, cannabis resin, or coca sap with a mass from 500 grams to under 01 kilogram;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass from 05 grams to under 30 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotics as regulated by the Government of Vietnam with a mass from 10 kilograms to under 25 kilograms;

- Dry opium poppy with a mass from 50 kilograms to under 200 kilograms;

- Fresh opium poppy with a mass from 10 kilograms to under 50 kilograms;

- Other narcotics in solid form with a mass from 20 grams to under 100 grams;

- Other narcotics in liquid form with a volume from 100 milliliters to under 250 milliliters;

- Possesses 02 or more types of narcotics, where the total mass or volume of these substances is equivalent to the mass or volume of the narcotics prescribed at one of the points from point e to point m of this clause;

- Dangerous recidivism.

- Frame 3:

Anyone who commits the crime under any of the following cases shall be sentenced to imprisonment from 10 years to 15 years:

- Opium resin, cannabis resin, or coca sap with a mass from 01 kilogram to under 05 kilograms;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass from 30 grams to under 100 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotics as regulated by the Government of Vietnam with a mass from 25 kilograms to under 75 kilograms;

- Dry opium poppy with a mass from 200 kilograms to under 600 kilograms;

- Fresh opium poppy with a mass from 50 kilograms to under 150 kilograms;

- Other narcotics in solid form with a mass from 100 grams to under 300 grams;

- Other narcotics in liquid form with a volume from 250 milliliters to under 750 milliliters;

- Possesses 02 or more types of narcotics, where the total mass or volume of these substances is equivalent to the mass or volume of the narcotics prescribed at one of the points from point a to point g of this clause.

- Frame 4:

Anyone who commits the crime under any of the following cases shall be sentenced to imprisonment from 15 years to 20 years or life imprisonment:

- Opium resin, cannabis resin, or coca sap with a mass of 05 kilograms or more;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass of 100 grams or more;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants containing narcotics as regulated by the Government of Vietnam with a mass of 75 kilograms or more;

- Dry opium poppy with a mass of 600 kilograms or more;

- Fresh opium poppy with a mass of 150 kilograms or more;

- Other narcotics in solid form with a mass of 300 grams or more;

- Other narcotics in liquid form with a volume of 750 milliliters or more;

- Possesses 02 or more types of narcotics, where the total mass or volume of these substances is equivalent to the mass or volume of the narcotics prescribed at one of the points from point a to point g of this clause.-

Additional Penalty:

The offender may also be fined from VND 5,000,000 to VND 500,000,000, prohibited from holding positions, practicing certain professions, or doing certain jobs for 01 to 05 years, or have a part or all of their property confiscated.

Collection of first-instance judgments on the crime of illegal storage of narcotics in Vietnam

Below is a compilation of 40 first-instance judgments on the crime of illegal storage of narcotics:

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