Is it a crime to use drugs with many people in Vietnam?

Is it a crime to use drugs with many people in Vietnam? - image from internet

According to the current regulations in Vietnam, drug users will not face criminal liability. This behavior will be subject to administrative penalties under Article 1 of Decree 167/2013/ND-CP. Drug users will receive a warning or a fine ranging from 500,000 to 1,000,000 VND.

In this case, since a bag of crystal meth was seized at the crime scene by the police, it needs to be determined whether your boyfriend was involved in possessing the drugs. If he was only using drugs without being involved in possession, he will only face administrative penalties as mentioned above. However, for individuals involved in drug possession, the quantity of drugs seized needs to be considered to decide whether to handle the case administratively or pursue criminal liability. As you mentioned, the person in possession has been charged with the offense of illegal possession of narcotic substances, therefore, Lawnet will provide you with additional information regarding the penalties for this offense.

Pursuant to Article 249 of the Criminal Code in 2015 (amended in 2017):

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.

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 involves the abuse of the offender's position or power;

d) The offence is committed in the name of an agency or organization;

dd) The offence involves employment of a person under 16 for commission of the offence;

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

g) The offence involves a quantity of from 05 g to under 30 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

h) The offence involves from 10 kg to under 25 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;

i) The offence involves a quantity of from 50 kg to under 200 kg of dried opium poppy fruits;

k) The offence involves a quantity of from 10 kg to under 50 kg of fresh opium poppy fruits;

l) The offence involves a quantity of from 20 g to under 100 g of other solid narcotic substances;

m) The offence involves a quantity of from 100 ml under 250 ml of other liquid narcotic substances;

n) The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause.

o) Dangerous recidivism;

...

Above are regulations on using drug in Vietnam. You may refer to the Criminal Code in 2015, Decree 167/2013/ND-CP for further information.

Best regards!