Is it compulsory for people who are positive to narcotic substances to face imprisonment sentence in Vietnam?

Is it compulsory for people who are positive to narcotic substances to face imprisonment sentence in Vietnam?

In case rapid drug test result is positive, a person shall be handle bases on the Criminal Code in 2015 and the Law on Amending and Supplementing the Criminal Code in 2017 stipulating violations related to narcotic substances as follows:

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 250. Illegal transport 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

The Law on Amending and Supplementing the Criminal Code in 2017 doesn't have any regulations on illegal drug use.

Therefore, if you do not act like the above crimes but only use drugs, you will not be prosecuted for criminal responsibility and imprisonment sentence.

How to handle people who are positive to narcotic substances in Vietnam?

Pursuant top Clause 1 and 8.d of Article 23 of of the Decree 144/2021/NĐ-CP stipulating violations against regulations on prevention, combat and control of narcotic substances as follows:

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.

8. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

b) Suspend the license, practicing certificate, certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 4 and 6 of this Article;

c) Suspend operation for 03 - 06 months in case of commission of the violation specified in points b and g Clauses 5 of this Article;

d) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

Pursuant to Article 28 of the Law on Prevention and Control of Narcotic Substances in 2014 stipulating rehabilitation measures as follows:

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 and Article 32 of the Law on Prevention and Control of Narcotic Substances in 2014 stipulating as follows:

Article 30. 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.

Article 32. 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.

Therefore, illegal users of narcotics are not criminally prosecuted, but will be handled for administrative violations and apply rehabilitationn measures.

Best regards!