How many grams of narcotics are liable to be prosecuted for criminal liability in Vietnam?

How many grams of narcotics are liable to be prosecuted for criminal liability in Vietnam?

Pursuant to Article 248 of the Criminal Code in 2015 (amended by Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating as follows:

Illegal manufacturing of narcotic substances

1. Any person who manufactures narcotic substances in any shape of form 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 involves the abuse of the offender's position or power;

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

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

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

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

h) The offence involves a quantity of from 100 ml under 200 ml of other liquid narcotic substances;

i) Dangerous recidivism;

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

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

a) The offence is committed in a professional manner;

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

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

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

dd) The offence involves a quantity of from 200 ml under 750 ml of other liquid narcotic substances;

e) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point b through dd 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 a quantity of ≥ 300 g of other solid narcotic substances;

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

dd) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through d 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.

As regulations above, people who illegally produce narcotics in any form will be criminally handled according to the above provisions and regardless of the volume and weight of manufactured drugs.

What is the maximum fine for growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances in Vietnam?

Pursuant to Article 247 of the Criminal Code in 2015 (amended in 2017) stipulating as follows:

1. Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances specified by the Government in any of the following circumstances shall face a penalty of 06 - 36 months' imprisonment:

a) The offender has been reprimanded twice and enabled to earn decent living;

b) The offender has incurred an administrative penalty or has an unspent conviction for the same offence ;

c) The offence involves a quantity of from 500 to under 3,000 plants.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves a quantity of ≥ 3,000 plants;

c) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

4. The person who commits the offence specified in Clause 1 of this Article but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal responsibility.

As regulations above, the maximum fine for growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances in Vietnam shall be 07 years' imprisonment.

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