In which cases shall individuals in Vietnam be exempt from criminal responsibility for illegal possession of narcotic substances?

In which cases shall individuals in Vietnam be exempt from criminal responsibility for illegal possession of narcotic substances?

Pursuant to Clause 1 Article 249 of the Criminal Code in 2015 (amended by Clause 66 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating illegal possession of narcotic substances as follows:

1. Any person who possesses narcotic substances for purposes other than trading, transporting, or manufacturing narcotic substances in any of the following circumstances shall face a penalty of 01 - 05 years' imprisonment:

a) The offender incurred an administrative penalty for any of the offences specified in this Article or has an unspent conviction for any of the offences specified in Article 248, 250, 251 and 252 hereof ;

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

c) The offence involves a quantity of from 0.1 g to under 05 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

d) The offence involves from 01 kg to under 10 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;

dd) The offence involves a quantity of from 05 kg to under 50 kg of dried opium poppy fruits;

e) The offence involves a quantity of from 01 kg to under 10 kg of fresh opium poppy fruits;

g) The offence involves a quantity of from 01 g to under 20 g of other solid narcotic substances;

h) The offence involves a quantity of from 10 ml under 100 ml of other liquid narcotic substances;

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

As regulatiosn above, a person possesses a quantity of under 01 g of other solid narcotic substances or under 10 ml of other liquid narcotic substances.

However, the decision of the person to be criminally responsible or not depends on the conclusions of the investigating agency and the decision of the Court.

In Vietnam: Shall individuals in Vietnam face administrative fines for illegal possession of narcotic substances without bringing criminal prosecution?

Pursuant to Clasue 2 Article 23 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on prevention, combat and control of narcotic substances as follows:

2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

a) Illegally possessing, transporting or appropriating narcotic substances without bringing criminal prosecution

b) Possessing, transporting, trading or appropriating precursors used in illegal manufacturing of narcotic substances;

c) Manufacturing, possession, transport, trading of instruments and equipment used in illegal manufacturing or use of narcotic substances.

As regulations above, a fine of from VND 2.000.000 to VND 5.000.000 shall be imposed on individuals in Vietnam for illegal possession of narcotic substances without bringing criminal prosecution.

In Vietnam: Shall individuals in Vietnam face death sentence for illegal possession of narcotic substances?

Pursuant to Clause 4 Article 249 of the Criminal Code in 2015 (amended by Clause 66 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating illegal possession of narcotic substances as follows:

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

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, 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 ≥ 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.

As regulations above, the maximum penalty imposed on individuals in Vietnam for illegal possession of narcotic substances is life sentence.

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