How many years of imprisonment are imposed on people committing the act of illegal possession of narcotics in 2024 in Vietnam?
How many years of imprisonment are imposed on people committing the act of illegal possession of narcotics in 2024 in Vietnam?
Based on Article 249 of the Criminal Code 2015 (amended by Clause 66, Article 1 of the Law on Amendments to the Criminal Code 2017), the crime of illegal possession of narcotics is regulated as follows:
Article 249. Crime of illegal possession of narcotics
- Anyone who illegally possesses narcotics without the purpose of buying, selling, transporting, or manufacturing narcotics in any of the following cases shall be sentenced to imprisonment from 1 year to 5 years:
a) Has been subjected to administrative sanctions for the act prescribed in this Article, or has been convicted of this crime or any of the crimes stipulated in Articles 248, 250, 251, and 252 of this Code, has not had the conviction expunged, and violates again;
b) Opium resin, cannabis resin, or coca extract with a mass from 1 gram to under 500 grams;
c) Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass from 0.1 gram to under 5 grams;
d) Coca leaves; khat leaves (leaves of the Catha edulis plant); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants as stipulated by the Government of Vietnam containing narcotic substances with a mass from 1 kilogram to under 10 kilograms;
dd) Dried opium poppy pods with a mass from 5 kilograms to under 50 kilograms;
[...]
Under the above regulation, anyone who illegally possesses narcotics without the purpose of buying, selling, transporting, or manufacturing narcotics under any of the following circumstances will be held criminally liable for the crime of illegal possession of narcotics:
[1] Has been subjected to administrative sanctions for the act of illegal possession of narcotics or has been convicted of the crime of illegal possession of narcotics or any of the following crimes, has not had the conviction expunged, and violates again
- Crime of illegal production of narcotics
- Crime of illegal transportation of narcotics
- Crime of illegal sale of narcotics
- Crime of appropriation of narcotics
[2] Opium resin, cannabis resin, or coca extract with a mass from 1 gram or more
[3] Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass from 0.1 gram or more
[4] Coca leaves; khat leaves (leaves of the Catha edulis plant); leaves, roots, stems, branches, flowers, fruits of the cannabis plant or parts of other plants as stipulated by the Government of Vietnam containing narcotic substances with a mass from 1 kilogram or more
[5] Dried opium poppy pods with a mass from 5 kilograms or more
[6] Fresh opium poppy pods with a mass from 1 kilogram or more
[7] Other narcotic substances in solid form with a mass from 1 gram or more
[8] Other narcotic substances in liquid form with a volume from 10 milliliters or more
[9] With 2 or more narcotic substances whose total mass or volume is equivalent to the mass or volume of narcotic substances specified in any of the points from point [2] to point [8]
A person committing the crime of illegal possession of narcotics may be sentenced to imprisonment from 1 year to 20 years or life imprisonment depending on the severity of the violation.
Additionally, the offender may also be subject to a fine from 5,000,000 VND to 500,000,000 VND, prohibited from holding certain positions, practicing certain professions, or doing certain jobs from 1 year to 5 years, or have part or all of their property confiscated.
How many years of imprisonment are imposed on people committing the act of illegal possession of narcotics in 2024 in Vietnam? (Image from the Internet)
What is the age of criminal responsibility for the crime of illegal possession of narcotics in Vietnam?
Based on Article 12 of the Criminal Code 2015 (amended by Clause 3, Article 1 of the Law on Amendments to the Criminal Code 2017), the age of criminal responsibility is regulated as follows:
Article 12. Age of criminal responsibility
- A person aged full 16 years or older must bear criminal responsibility for every crime, except those crimes this Code stipulates otherwise.
- A person aged full 14 to under 16 years must bear criminal responsibility for very serious crimes, especially serious crimes stipulated in any of Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, and 304 of this Code.
According to the above regulation, the age of criminal responsibility for the crime of illegal possession of narcotics is for individuals aged full 16 years or older with criminal liability.
However, if a person aged full 14 to under 16 years commits a crime in the following cases, they may bear criminal responsibility for the crime of illegal possession of narcotics:
- Organized crime
- Committing the crime 2 times or more
- Abusing position, power
- Abusing the name of an agency or organization
- Opium resin, cannabis resin, or coca extract with a mass from 500 grams or more
- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA, or XLR-11 with a mass from 5 grams or more
- Other narcotic substances in solid form with a mass from 20 grams or more
- Other narcotic substances in liquid form with a volume from 100 milliliters or more
- Dangerous recidivism
- With 2 or more narcotic substances whose total mass or volume is equivalent to the mass or volume of narcotic substances from 500 grams or 100 milliliters or more
- Of a professional nature
What are the main penalties for the offender?
Based on Article 32 of the Criminal Code 2015, the primary penalties for offenders include:
- Warning
- Fine
- Non-custodial reform
- Expulsion
- Fixed-term imprisonment
- Life imprisonment
- Death penalty
