Is the purchase and sale of cyanide allowed? What is the criminal liability for murder using cyanide?

What is Cyanide Poison?

Based on the Technology Process for Destroying or Reusing Cyanide issued together with Decision 1971/1999/QD-BKHCNMT in 1999, the regulations are as follows:

Hydrocyanic acid and its soluble cyanide salts are highly toxic substances; an amount of about 50 mg can kill a person. However, metallic salts of Hydrocyanic acid play a significant role in many industries:

- The gold, silver, copper plating industry, or other metals.

- Gold mining industry — extracting gold by the cyanidation method.

- Industry producing colored pigments used for the paint, drawing powder, textile dyeing industries that require cyanide salts as raw materials.

- Pesticide industry: calcium cyanide to kill aphids and insects in homes.

In medicine and pharmacy, hydrocyanic acid is used in salt form, such as Hg(CN)2, or in combined form like cherry water with 1% HCN.

Cyanide is an extremely toxic compound but is extensively used in production; hence, without strict and feasible regulations in importing, distributing, preserving, using, and controlling pollution, cyanide can cause significant harm to the environment and human health.

Every year, in our country, numerous cyanide poisoning incidents occur, such as using cyanide to poison each other, working in places with high concentrations of HCN or (CN)2 without protective means, or due to carelessness. Furthermore, areas of illegal gold mining, artisanal plating facilities discharge cyanide toxins into soil and water, causing environmental pollution and destroying organisms. Therefore, the development and issuance of a technological process for handling, destroying, or reusing cyanide is an urgent task to meet practical needs.

….

Thus, cyanide poison is an extremely toxic chemical compound containing the cyanide group (C≡N). It can exist in gas form (hydrogen cyanide), liquid, or solid. Cyanide is known for its ability to kill a person quickly with just about 50 mg.

Cyanide poison has a smell described somewhat like the faint bitter odor of almonds; however, not everyone can recognize this smell, and in some cases, it might not emit any odor.

Despite this, cyanide is widely used in production, but strict and feasible regulations must be ensured in importing, distributing, preserving, utilizing, and controlling pollution.

Is it possible to trade cyanide poison? What criminal charges apply for killing someone with cyanide poison? (Image from the Internet)

Is it possible to trade cyanide poison?

Based on Article 4 of the 2007 Chemical Law, the following regulations are stated:

Explanations of Terminology

In this Law, the terms below are understood as follows:

...

4. Dangerous chemical is a chemical possessing one or several hazardous characteristics according to the classification principles of the Globally Harmonized System of Classification and Labeling of Chemicals:

a) Explosive;

b) Strongly oxidizing;

c) Strongly corrosive;

d) Easily flammable;

e) Acutely toxic;

f) Chronically toxic;

g) Irritating to people;

h) Carcinogenic or potentially carcinogenic;

i) Mutagenic;

k) Reproductive toxin;

l) Bioaccumulative;

m) Persistent organic pollutants;

n) Environmentally toxic.

5. Toxic chemical is a dangerous chemical having at least one hazardous characteristic stipulated from point e to point n of clause 4 of this Article.

...

Moreover, based on Article 23 of the 2007 Chemical Law regarding the control of purchasing and selling toxic chemicals, the regulations are as follows:

Control of Purchasing and Selling Toxic Chemicals

1. The purchase and sale of toxic chemicals must be accompanied by a control slip, confirmed by both buyer and seller, serving as a basis for controlling toxic chemicals circulating in the market.

2. The control slip for purchasing and selling toxic chemicals includes information on the chemical's name, quantity, usage purpose; names and signatures of buyer and seller; addresses, identity card numbers of representatives from the buyer and seller; delivery date.

3. The control slip for purchasing and selling toxic chemicals must be kept by both buyer and seller for at least five years and must be presented when requested by competent authorities.

4. The Ministry of Industry and Trade shall prescribe the form of the control slip for purchasing and selling toxic chemicals.

Based on the Technology Process for Destroying or Reusing Cyanide issued together with Decision 1971/1999/QD-BKHCNMT in 1999, the regulations are as follows:

Cyanide is an extremely toxic compound but is extensively used in production; hence, without strict and feasible regulations in importing, distributing, preserving, using, and controlling pollution, cyanide can cause significant harm to the environment and human health.

Through the above regulations, cyanide is an extremely toxic compound that can kill with just 50 mg. Cyanide is considered a toxic chemical but not a prohibited chemical under the List of Prohibited Chemicals in Appendix 3 issued together with Decree 113/2017/ND-CP.

Currently, the trade of cyanide poison is allowed; however, when trading cyanide poison on the market, both parties must have a control slip, confirmed by both buyer and seller.

This control slip must be kept by both parties and presented when requested by competent authorities. Furthermore, the control slip must contain the following information:

- ID card/citizen ID numbers of the representatives from the buyer and seller along with addresses.- Names and signatures of the buyer and seller.- Date of delivery.- Information on the chemical’s name, quantity, and usage purpose.

What criminal charges apply for killing someone with cyanide poison?

Based on Article 123 of the Criminal Code 2015, the regulations on murder are as follows:

Murder

1. Anyone who kills another person under one of the following circumstances shall be sentenced to 12 years to 20 years in prison, life imprisonment, or death:

a) Killing two or more people;

b) Killing a person under 16 years old;

c) Killing a pregnant woman;

d) Killing a person performing official duties or because of the victim’s official duties;

e) Killing one's grandfather, grandmother, father, mother, foster parent, teacher;

f) Killing another person immediately before or after committing a serious or especially serious crime;

g) Committing murder to carry out or conceal another crime;

h) Killing for the purpose of taking the victim’s organs;

i) Committing the crime in a heinous manner;

k) Using the profession as an advantage;

...

According to the above regulations, anyone committing murder using cyanide poison will be criminally charged with murder.

The offender faces a prison sentence of 07 to 20 years, life imprisonment, or death depending on the severity of the crime.

A person preparing to commit murder by seeking, assembling tools, or creating other conditions for committing the crime or establishing, participating in a criminal group shall be sentenced to 01 to 05 years in prison.

Additionally, the offender may also be banned from practicing certain professions or performing certain jobs for 01 to 05 years and may be subject to probation or residence restriction for 01 to 05 years.