What are imprisonment sentence imposed on the mother for forcing her child to use narcotic substances in Vietnam?

What are imprisonment sentence imposed on the mother for forcing her child to use narcotic substances in Vietnam?

Pursuant to Article 257 of the Criminal Code in 2015 stipulating regulations on forcing others to use narcotic substances as follows:

Forcing others to use narcotic substances

1. Any person who uses violence or threatens to use violence or otherwise intimidates another person into illegally using narcotic substances against that person's will 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 by despicable motives or self-seeking purpose;

d) The offence is committed against a person aged from 13 to under 18;

dd) The offence is committed against a female whose pregnancy is known by the offender;

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

g) The offence is committed against a person undergoing rehabilitation;

h) The offence causes 31% - 60% WPI for a person;

i) The offence results in infection of a dangerous disease of a person;

k) Dangerous recidivism;

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

a) The offence causes ≥ 61% WPI or death of a person;

b) The offence results in infection of a dangerous disease of more than one person;

c) The offence is committed against a person under 13;

4. If this offence results in the death of more than one person, the offender shall face a penalty of 20 years' imprisonment or life imprisonment.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 100,000,000.

As regulations above, the mother who forces her child to use narcotic substances in Vietnam shall liable to criminal prosecution as follows:

- A penalty of 15 - 20 years' imprisonment;

- A fine of from VND 5,000,000 to VND 100,000,000.

What are administrative fines for enabling children in Vietnam to use narcotic substances?

Pursuant to Article 29 of the Decree 130/2021/NĐ-CP stipulating violation of regulations on prohibited sale or enabling of the use of addictives, stimulants, unsafe or harmful food for children; violation of regulations on provision of child-friendly products, services as follows:

Violation of regulations on prohibited sale or enabling of the use of addictives, stimulants, unsafe or harmful food for children; violation of regulations on provision of child-friendly products, services

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on:

a) Providing unsafe or unfriendly products and services that cause harm to children;

b) Selling addictives, other stimulants, or unsafe food causing harm to children;

c) Enabling children to use addictives, other stimulants, or unsafe, harmful food.

2. Additional forms of penalty:

a) Confiscation of exhibits and instruments of administrative violations for violations under Clause 1 of this Article;

b) Partial or total suspension of business activities relating to the violation for 1 to 3 months for violations under Point b Clause 1 of this Article.

3. Remedial measures:

a) Mandatory disposal of food or products unsafe, harmful for children for violations under Clause 1 of this Article;

b) Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article.

Pursuant to Clause 2 Article 5 of the Decree 130/2021/NĐ-CP stipulating as follows:

Fine and maximum fine

1. The maximum fine imposed on an individual who commits administrative violations in social protection and children affairs is VND 50.000.000.

2. The fine for every administrative violation under Chapter II hereof shall be applicable to an individual offender, except for regulations under Articles 8, 9, 12, 13, 14, Clause 1 Article 16, Article 33, and Clause 2 Article 36 hereof. The fine applicable to an organization offender shall equal double the fine applicable to an individual offender.

As regulations above, a fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on enabling children to use addictives, other stimulants, or unsafe, harmful food.

Exhibits and instruments of administrative violations for violations shall be confiscated. Business activities relating to the violation shall be partially or totally suspended.

In addition, food or products unsafe, harmful for children shall be disposed. The violator shall pay medical examination and treatment costs for children (if any).

Is there imprisonment sentence for inciting others to use narcotic substances in Vietnam?

Pursuant to Article 258 of the Criminal Code in 2015 stipulating regulations on persuading or inciting others to use narcotic substances as follows:

Persuading or inciting others to use narcotic substances

1. Any person who persuades, incites or otherwise persuades another person to illegally use narcotic substances shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 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 by despicable motives or self-seeking purpose;

d) The offence is committed against a person aged from 13 to under 18;

dd) The offence is committed against a female whose pregnancy is known by the offender;

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

g) The offence is committed against a person undergoing rehabilitation;

h) The offence causes 31% - 60% WPI for a person;

i) The offence results in infection of a dangerous disease of a person;

k) Dangerous recidivism;

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence causes ≥ 61% WPI or death of a person;

b) The offence results in infection of a dangerous disease of more than one person;

c) The offence is committed against a person under 13;

4. If this offence results in the death of more than one person, the offender shall face a penalty of 15 - 20 years' imprisonment or life imprisonment.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 100,000,000.

As regulations above, anyone inciting others to use narcotic substances in Vietnam shall face a penalty of 15 - 20 years' imprisonment or life imprisonment.

The offender might also be liable to a fine of from VND 5,000,000 to VND 100,000,000.

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