Shall a fine of up to 5 million VND be imposed for illegal possession of narcotic substances in Vietnam?

Shall a fine of up to 5 million VND be imposed for illegal possession of narcotic substances in Vietnam?

Under Point a, Clause 2, Article 23 of Decree No. 144/2021/ND-CP on violations against regulations on prevention, combat and control of narcotic substances in Vietnam:

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.

Thus, in case your friend's illegal possession of narcotic substances is not serious enough for criminal prosecution, he may face a fine of up to 5 million VND. Additionally, the exhibits and instruments of administrative violations shall be confiscated.

When does illegal possession of narcotic substances result in the death penalty in Vietnam?

Under Clause 66, Article 1 of the Law on amendments to the Criminal Code 2017, the highest penalty for illegal possession of narcotic substances in Vietnam is prescribed as follows:

4. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves ≥ 75 kg of coca leaves, khat leaves (Catha edulis leaves); leaves, roots, stalks, branches, flowers, fruits of the cannabis plant or parts of other plants that contain narcotic substances prescribed by the Government;

d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;

g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;

h) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

Thus, the death penalty shall not be imposed for illegal possession of narcotic substances in criminal cases.

Respectfully!