According to Article 247 of the Criminal Code 2015 and Point n, Clause 1, Article 2 of the Law on Amendments to the Criminal Code 2017, the regulations on the crime of growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances as prescribed by the Government of Vietnam are as follows:
- Any person who cultivates opium poppy, coca, cannabis, or other plants containing narcotic substances as prescribed by the Government of Vietnam, under one of the following circumstances, shall be sentenced to imprisonment from 06 months to 03 years:
+ Has been educated twice and provided with opportunities for a stable life;
+ Has been administratively fined for this act or convicted of this crime, and has not had the conviction expunged yet continues to offend;
+ With a quantity ranging from 500 plants to less than 3,000 plants.
- Committing the crime under one of the following circumstances shall be subject to imprisonment from 03 years to 07 years:
+ Organized crime;
+ With a quantity of 3,000 plants or more;
+ Dangerous recidivism.
- The offender may also be fined from 5,000,000 VND to 50,000,000 VND.
- Whoever commits the crime as described in Clause 1, Article 247 of the Criminal Code 2015, but voluntarily destroys or hands over the plants to competent authorities before harvest, may be exempt from criminal liability.
Thus, any person who cultivates opium poppy plants may be subject to a maximum imprisonment of up to 07 years. Additionally, they may also be fined from 5 to 50 million VND.
Below is a summary of some judgments on the crime of growing opium poppy plants in Vietnam:
No. |
Judgment Name |
Date of Issuance |
Court of Adjudication |
1 |
Judgment 45/2023/HS-ST on growing opium poppy plants |
19/09/2023 |
People's Court of Bao Lac District, Cao Bang Province |
2 |
Judgment 71/2023/HS-ST on growing opium poppy plants |
14/07/2023 |
People's Court of Phong Tho District, Lai Chau Province |
3 |
Judgment 35/2023/HS-ST on growing opium poppy plants |
19/06/2023 |
People's Court of Cao Loc District, Lang Son Province |
4 |
Judgment 20/2023/HS-ST on growing opium poppy plants |
09/06/2023 |
People's Court of District N, Province L |
5 |
Judgment 37/2022/HS-PT on growing opium poppy plants |
22/09/2022 |
People's Court of Ha Giang Province |
6 |
Judgment 18/2022/HS-PT on growing opium poppy plants |
12/09/2022 |
People's Court of Lao Cai Province |
7 |
Judgment 29/2022/HS-ST on growing opium poppy plants |
23/08/2022 |
People's Court of District B, Cao Bang Province |
8 |
Judgment 14/2022/HS-ST on growing opium poppy plants |
13/07/2022 |
People's Court of District D, Ha Giang Province |
9 |
Judgment 30/2022/HS-ST on growing opium poppy plants |
14/06/2022 |
People's Court of District L, Lang Son Province |
10 |
Judgment 47/2022/HS-ST on growing opium poppy plants |
25/05/2022 |
People's Court of District N, Dien Bien Province |
11 |
Judgment 28/2021/HS-ST on growing opium poppy plants |
31/08/2021 |
People's Court of District B, Son La Province |
12 |
Judgment 77/2021/HS-ST on growing opium poppy plants |
21/07/2021 |
People's Court of Dai Tu District, Thai Nguyen Province |
13 |
Judgment 39/2021/HS-ST on growing opium poppy plants |
13/07/2021 |
People's Court of Huu Lung District, Lang Son Province |
14 |
Judgment 10/2021/HS-ST on growing opium poppy plants |
18/06/2021 |
People's Court of District S, Lao Cai Province |
15 |
Judgment 12/2021/HS-ST on growing opium poppy plants |
18/06/2021 |
People's Court of Van Quan District, Lang Son Province |
16 |
Judgment 60/2021/HS-ST on growing opium poppy plants |
17/06/2021 |
People's Court of Dai Tu District, Thai Nguyen Province |
17 |
Judgment 07/2021/HS-ST on growing opium poppy plants |
26/04/2021 |
People's Court of District B, Lang Son Province |
18 |
Judgment 28/2021/HS-ST on growing opium poppy plants |
14/04/2021 |
People's Court of Tan Uyen District, Lai Chau Province |
19 |
Judgment 11/2019/HS-ST on growing opium poppy plants |
30/05/2019 |
People's Court of Tan Uyen District, Lai Chau Province |
20 |
Judgment 27/2018/HS-ST on growing opium poppy plants |
27/04/2018 |
People's Court of Muong Te District, Lai Chau Province |
21 |
Judgment 26/2018/HS-ST on growing opium poppy plants |
27/04/2018 |
People's Court of Muong Te District, Lai Chau Province |
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