Calculation of the Total Quantity/Purity of Narcotics Not Specified at the Same Point

Decree stipulating the order and procedures for calculating the total weight or volume of narcotics in cases where narcotics are not specified in the same clause of different Articles in the 2015 Criminal Code. To be specific:

1. In cases where all narcotics have a weight or volume below the minimum for each substance as prescribed in Clause 1, Article 249, or Clause 1, Article 250, or Clause 1, Article 252 of the Criminal Code 2015 (Criminal Code 2015), the total weight or volume of the narcotics shall be determined as follows:

- Calculate the percentage of weight or volume of each narcotic relative to the minimum for each substance as prescribed in Clause 1 of one of Articles 249, 250, 252 of the Criminal Code 2015;- Add the percentage of weight or volume of each narcotic together to determine the total percentage of weight or volume of the narcotics;- Based on the total percentage of weight or volume of the narcotics determined at Point a of this Clause, determine the total weight or volume of the narcotics according to the following principles:- If the total percentage of weight or volume of the narcotics is less than 100%, then the total weight or volume of the narcotics belongs to the case below the minimum as prescribed in Clause 1, Article 249, or Clause 1, Article 250, or Clause 1, Article 252 of the Criminal Code 2015;- If the total percentage of weight or volume of the narcotics is 100% or more, continue to calculate the total percentage of weight or volume of the narcotics compared to the minimum for each substance as prescribed in Clause 2 of one of Articles 249, 250, 252 of the Criminal Code 2015 according to the procedures specified in Points a and b, Clause 2, Article 5 of Decree 19/2018/ND-CP.

2. In cases where all narcotics have a weight or volume below the minimum for each substance as prescribed in Clause 2 of one of Articles 249, 250, 252 of the Criminal Code 2015, and there is at least one narcotic with a weight or volume belonging to the case prescribed in Clause 1 of one of these Articles; or in cases where all narcotics have a weight or volume below the minimum for each substance as prescribed in Clause 2, Article 248, or Clause 2, Article 251 of the Criminal Code 2015, the total weight or volume of the narcotics shall be determined as follows:

- Calculate the percentage of weight or volume of each narcotic relative to the minimum for each substance as prescribed in Clause 2 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015;- Add the percentage of weight or volume of each narcotic together to determine the total percentage of weight or volume of the narcotics;- Based on the total percentage of weight or volume of the narcotics determined at Point a of this Clause, determine the total weight or volume of the narcotics according to the following principles:- If the total percentage of weight or volume of the narcotics is less than 100%, then the total weight or volume of the narcotics belongs to the case prescribed in Clause 1, Article 248, or the case prescribed in Point i, Clause 1, Article 249, or the case prescribed in Point i, Clause 1, Article 250, or the case prescribed in Clause 1, Article 251, or the case prescribed in Point i, Clause 1, Article 252 of the Criminal Code 2015;- If the total percentage of weight or volume of the narcotics is 100% or more, continue to calculate the total percentage of weight or volume of the narcotics compared to the minimum for each substance as prescribed in Clause 3 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015 according to the procedures specified in Points a and b, Clause 3, Article 5 of Decree 19/2018/ND-CP.

3. In cases where all narcotics have a weight or volume below the minimum for each substance as prescribed in Clause 3 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015, and there is at least one narcotic with a weight or volume belonging to the case prescribed in Clause 2 of one of these Articles, the total weight or volume of the narcotics shall be determined as follows:

- Calculate the percentage of weight or volume of each narcotic relative to the minimum for each substance as prescribed in Clause 3 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015;- Add the percentage of weight or volume of each narcotic together to determine the total percentage of weight or volume of the narcotics;- Based on the total percentage of weight or volume of the narcotics determined at Point a of this Clause, determine the total weight or volume of the narcotics according to the following principles:- If the total percentage of weight or volume of the narcotics is less than 100%, then the total weight or volume of the narcotics belongs to the case prescribed in Point k, Clause 2, Article 248, or the case prescribed in Point n, Clause 2, Article 249, or the case prescribed in Point o, Clause 2, Article 250, or the case prescribed in Point p, Clause 2, Article 251, or the case prescribed in Point n, Clause 2, Article 252 of the Criminal Code 2015;- If the total percentage of weight or volume of the narcotics is 100% or more, continue to calculate the total percentage of weight or volume of the narcotics compared to the minimum for each substance as prescribed in Clause 4 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015 according to the procedures specified in Points a and b, Clause 4, Article 5 of Decree 19/2018/ND-CP.

4. In cases where all narcotics have a weight or volume below the minimum for each substance as prescribed in Clause 4 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015, and there is at least one narcotic with a weight or volume belonging to the case prescribed in Clause 3 of one of these Articles, the total weight or volume of the narcotics shall be determined as follows:

- Calculate the percentage of weight or volume of each narcotic relative to the minimum for each substance as prescribed in Clause 4 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015;- Add the percentage of weight or volume of each narcotic together to determine the total percentage of weight or volume of the narcotics;- Based on the total percentage of weight or volume of the narcotics determined at Point a of this Clause, determine the total weight or volume of the narcotics according to the following principles:- If the total percentage of weight or volume of the narcotics is less than 100%, then the total weight or volume of the narcotics belongs to the case prescribed in Point e, Clause 3, Article 248, or the case prescribed in Point h, Clause 3, Article 249, or the case prescribed in Point h, Clause 3, Article 250, or the case prescribed in Point h, Clause 3, Article 251, or the case prescribed in Point h, Clause 3, Article 252 of the Criminal Code 2015;- If the total percentage of weight or volume of the narcotics is 100% or more, then the total weight or volume of the narcotics belongs to the case prescribed in Point d, Clause 4, Article 248, or the case prescribed in Point h, Clause 4, Article 249, or the case prescribed in Point h, Clause 4, Article 250, or the case prescribed in Point h, Clause 4, Article 251, or the case prescribed in Point h, Clause 4, Article 252 of the Criminal Code 2015.

5. In cases where one of the narcotics has a weight or volume belonging to the case prescribed in Clause 4 of one of Articles 248, 249, 250, 251, 252 of the Criminal Code 2015, the total weight or volume of the narcotics belongs to the case prescribed in Point d, Clause 4, Article 248, or the case prescribed in Point h, Clause 4, Article 249, or the case prescribed in Point h, Clause 4, Article 250, or the case prescribed in Point h, Clause 4, Article 251, or the case prescribed in Point h, Clause 4, Article 252 of the Criminal Code 2015.

See more examples for each of these cases in the Appendix issued together with Decree 19/2018/ND-CP, effective from the date of issue.

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