Buying and selling how many kilograms of cannabis is faced a penalty of imprisonment in Vietnam?

Buying and selling how many kilograms of cannabis is faced a penalty of imprisonment in Vietnam?

Pursuant to Article 251 of the 2015 Penal Code as amended by Clause 68, Article 1 of the Penal Code Amendment Law 2017 provides for illegal deal in narcotic substances as follows:

1. Any person who illegally deals in narcotic substances shall face a penalty of 02 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 – 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence has been committed more than once;

c) The offence is committed against more than one person;

d) The offence involves the abuse of the offender's position or power;

dd) The offence is committed in the name of an agency or organization;

e) The offence involves employment of a person under 16 for commission of the offence;

g) The offence is committed across the border;

h) The offence involves a quantity of from 500 g to under 01 kg of poppy resin, cannabis resin, or coca glue;

i) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

k) The offence involves from 10 kg to under 25 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;

k) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;

m) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;

n) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

o) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;

p) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point h through o of this Clause;

q) Dangerous recidivism.

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

a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;

b) The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

c) The offence involves from 25 kg to under 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 from 200 kg to under 600 kg of dried opium poppy fruits;

dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;

e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;

g) The offence involves a quantity of from 250 ml under 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.

4. This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

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 (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.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

Thus, according to the above regulations in Vietnam, acts of trading in  leaves, roots, stalks, branches, flowers, fruits of the cannabis plant with a weight of 10 kilograms will be prosecuted for penal liability with a penalty of imprisonment from 07 five to 15 years.

How can be considered aggravating factors in Vietnam? 

Pursuant to Article 52 of the Penal Code 2015 as amended by the Penal Code Amendment Law 2017, there are provisions on aggravating factors as follows:

1. The following circumstances are considered aggravating factors:

a) Organized crime;

b) The crime is committed in a professional manner;

c) The offender abuses his/her position or power to commit the crime;

d) The crime is of a gangster-like nature;

dd) The crime is committed by despicable motives;

e) The offender is determined to commit the crime to the end;

g) The offence has been committed more than once;

h) Recidivism or dangerous recidivism;

i) The crime is committed against a person under 16 years of age, pregnant woman or a person aged 70 years or older;

k) The crime is committed against a defenseless person, a person having a serious physical disability or extremely serious physical disability, a person whose awareness is limited or a person who is financially, spiritually, professionally or otherwise dependent on the offender;

l) The offender takes advantage of war, state of emergency, natural disaster, epidemic or other tragic circumstances of society to commit the crime;

m) The offender makes use of a sophisticated, deceitful or ruthless trick to commit the crime;

n) The offender uses a trick or instrument capable of harming many people to commit the crime;

o) The offender incites a person aged under 18 to commit the crime;

p) The offender has deceitful or violent actions to conceal the crime.

2. Circumstances defined by this document as the basis for determination of a crime or sentence bracket shall not be considered an aggravating factor.

According to this Article, if your friend commits a crime with the above aggravating factors, the court may consider aggravating factors in Vietnam.

Best Regards!