What are penalties for persuading persons undergoing rehabilitation to use narcotic substances in Vietnam?

What are penalties for persuading persons undergoing rehabilitation to use narcotic substances in Vietnam?

Pursuant to Article 258 of the 2015 Penal Code, there are provisions on persuading or inciting others to use narcotic substances as follows:

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.

Thus, the person who persuades your child in rehab to illegally use narcotic substances can be sentenced to between 5 and 10 years of imprisonment. The specific punishment depends on the conclusion of the investigation and the decision of the Court in Vietnam.

If my son is undergoing voluntary drug rehabilitation and is found to use narcotic substances, will he be sent to compulsory rehabilitation in Vietnam?

Pursuant to Article 32 of the Law on Drug Prevention and Control 2021, persons subject to administrative penalty of compulsory rehabilitation in rehabilitation centers:

Drug addicts aged 18 or older shall be subject to the administrative penalty of compulsory rehabilitation in rehabilitation centers according to regulations of the Law on Handling Administrative Violations in any of the following cases:

1. They fail to register for, fail to undergo or stop voluntary rehabilitation without permission;

2. They are undergoing voluntary rehabilitation and found to have used a narcotic substance illegally;

3. They are dependent on opioids and fail to register for, fail to undergo or stop opioid substitution therapy without permission or are forced to terminate opioid substitution therapy after committing a violation against regulations on dependence treatment;

4. They relapse while subject to  post-rehabilitation management.

According to this Article, if your child is found to illegally use narcotic substances while in the period of voluntary drug rehabilitation, he will be subject to administrative penalty of compulsory rehabilitation in rehabilitation centers in Vietnam.

Best Regards!