Shall people who commit illegal possession of narcotic substances in Vietnam face death sentence?

Shall people who commit illegal possession of narcotic substances in Vietnam face death sentence?

Pursuant to Clause 1 Article 2 of the Law on Prevention and Control of Narcotic Substances in 2021 stipulating following regulations:

Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “narcotic substance” means an addictive substance or psychotropic substance included in the list of narcotic substances promulgated by the Government.

...

Therefore, narcotic substances are addictive substances or psychotropic substances. The use of narcotic substances can lead to addiction and have numerous health hazards. Narcotic substances have the potential to damage the nervous system, cause a decrease in immunity, and can result in constant fatigue, infections, or even death.

Shall people who commit illegal possession of narcotic substances in Vietnam face death sentence? - image from internet

Shall people who commit illegal possession of narcotic substances in Vietnam face death sentence?

Pursuant to Article 249 of the Criminal Code in 2015 (amended by Clause 66 Article 1 of the Law on amendments to the Criminal Code in 2019) stipulating illegal possession of narcotic substances:

Illegal possession of narcotic substances

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;

...

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.

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 commit illegal possession of narcotic substances in Vietnam shall carry a penalty of 15 - 20 years' imprisonment or life imprisonment.

In addition, 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.

Therefore, people who commit illegal possession of narcotic substances in Vietnam shall not face death sentence. The maximum penalty for this act is life imprisonment.

What are the fines for illegally possessing, transporting or appropriating narcotic substances without bringing criminal prosecution in Vietnam?

Pursuant to Clauses 2.a, 8.a and 8.d, Article 23 of the Decree 144/2021/ND-CP stipulating following regulations:

Article 23. Violations against regulations on prevention, combat and control of narcotic substances

1. A warning or a fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for illegal use of narcotic substances.

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.

...

8. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

...

d) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

...

As regulations above, a fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for illegally possessing, transporting or appropriating narcotic substances without bringing criminal prosecution.

This is the fine imposed on individuals. For organizations committing the same violation, the fine is doubled compared to individuals (according to Clause 2, Article 4 of Decree 144/2021/ND-CP).

In addition to the fine, individuals and organizations in violation may also be subject to additional penalties, such as confiscation of exhibits and means used for committing violation. In the case of foreign individuals violating the law, they will be expelled from Vietnamese territory.

Best regards!