Is there any fine for growing cannabis plants for self-use in Vietnam?

Is there any fine for growing cannabis plants for self-use in Vietnam?

Pursuant to Article 23 of the Decree 144/2021/NĐ-CP stipulating as follows:

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.

3. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing opium poppy plants, coca plants, cannabis plants, khat plants other plants containing narcotic substances.

4. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:

a) A head, a legal representative, a person assigned to manage the service business establishment, a manager of vehicle(s) or another person who is responsible for the management of restaurant(s), tourist accommodation establishment(s), club(s), karaoke business, discotheque, video game business and vehicle(s) allow illegal possession, trade and use of narcotic substances to occur in the area(s) and vehicle(s) under their management;

b) Brokering, assisting or other acts that help another person to illegally use narcotic substances.

5. A fine of from VND 20.000.000 to VND 40.000.000 shall be imposed for any of the following violations:

a) Providing premises, instruments for another person to illegally use, possess, trade narcotic substances.

b) Violations against regulations on export, import, temporary import, re-export, temporary export, re-import or transit through Vietnam’s territory narcotic substances, narcotic drug, psychotropic drug and precursors;

c) Violations against regulations on research, analysis, test, manufacturing, preservation or storage of narcotic substances and/or precursors;

d) Violations against regulations on delivery, possession, transport of narcotic substances, narcotic drug, psychotropic drug and precursors;

dd) Violations against regulations on distribution, trading, use, exchange of narcotic substances, narcotic drug, psychotropic drug and precursors;

e) Violations against regulations on management, control, storage of narcotic substances, narcotic drug, psychotropic drug and precursors in the border checkpoint area or at sea;

g) Carrying out narcotic substance rehabilitation that exceeds the scope of operation stated in licenses to operate voluntary rehabilitation centers

6. A fine of from VND 40.000.000 to VND 50.000.000 shall be imposed for leasing out, lending, transferring or using the license to operate voluntary rehabilitation center for other purposes.

7. A fine of from VND 50.000.000 to VND 75.000.000 shall be imposed for organization of voluntary rehabilitation without registration or operating license.

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.

b) Suspend the license, practicing certificate, certificate of security and order from 06 to 12 months in case of violations specified in Point a Clauses 4 and 6 of this Article;

c) Suspend operation for 03 - 06 months in case of commission of the violation specified in points b and g Clauses 5 of this Article;

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

9. Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in Clause 6 of this Article;

As regulations above, a fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for growing cannabis plants regardless of what you grow cannabis for. The exhibits and means used for committing administrative violations shall also be confiscated.

In Vietnam: When shall a person growing cannabis plants be liable to imprisonment sentence?

Pursuant to Article 247 of the Criminal Code in 2015 (amended by Clause 1.n Article 2 of the Law on amendments to the Criminal Code in 2017) stipulating growing opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances as follows:

1. Any person who grows opium poppy plants, coca plants, cannabis plants or other plants containing narcotic substances specified by the Government in any of the following circumstances shall face a penalty of 06 - 36 months' imprisonment:

a) The offender has been reprimanded twice and enabled to earn decent living;

b) The offender has incurred an administrative penalty or has an unspent conviction for the same offence ;

c) The offence involves a quantity of from 500 to under 3,000 plants.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves a quantity of ≥ 3,000 plants;

c) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

4. The person who commits the offence specified in Clause 1 of this Article but voluntarily destroys the plants or submit them to a competent authority before harvesting might be exempt from criminal responsibility.

As regulations above, if a person grow a quantity of from 500 cannabis plants, he/she shall face criminal prosecution. The maximum penalty shall be 07 years' imprisonment.

Best regards!