Illegal deal in narcotic substances under Article 251 of the Criminal Code of Vietnam

Illegal deal in narcotic substances under Article 251 of the Criminal Code of Vietnam (Internet image)

1. Illegal deal in narcotic substances under Article 251 of the Criminal Code of Vietnam

The crime of Illegal deal in narcotic substances in Vietnam under Article 251 of the Criminal Code 2015 (amended in 2017) has the following penalty frame:

* Frame 1:

Any person who illegally deals in narcotic substances shall face a penalty of 02 - 07 years' imprisonment.

* Frame 2:

This offence committed in any of the following circumstances carries a penalty of 07 – 15 years' imprisonment:

- The offence is committed by an organized group;

- The offence has been committed more than once;

- The offence is committed against more than one person;

- The offence involves the abuse of the offender's position or power;

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

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

- The offence is committed across the border;

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

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

- 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;

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

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

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

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

- The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point h through o of this Clause;

- Dangerous recidivism.

* Frame 3:

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

- The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;

- The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

- The offence involves from 25 kg to under 75 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;

- The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;

- The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;

- The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;

- The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;

- The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

* Frame 4:

This offence committed in any of the following circumstances shall carry a penalty of 20 years' imprisonment, life imprisonment or death:

- The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;

- The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, MDMA or XLR-11;

- The offence involves ≥ 75 kg of coca 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;

- The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;

- The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;

- The offence involves a quantity of ≥ 300 g of other solid narcotic substances;

- The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;

- The offence involves ≥ 02 narcotic substances the total quantity of which is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.

* Additional penalty

The offender might also be liable to a fine of from VND 5,000,000 to VND 500,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

2. What is Illegal deal in narcotic substances?

Currently, there are no guiding documents for the crime of organizing illegal deal in narcotic substancess under Article 251 of the Criminal Code 2015 (amended in 2017). However, the guidance on organizing illegal drug use under Article 194 of the Criminal Code 1999 can be found as follows:

Illegally trading in narcotics is one of the following acts:

- Illegally selling narcotics to others (regardless of the source of the drug) including the sale of narcotics to others for remuneration or other benefits;

- Buying narcotics to illegally sell to others;

- Asking for drugs to illegally sell to others;

- Using narcotics to exchange illegal payments (regardless of the source of the drug);

- Using property other than money to exchange, make payment, etc. to get narcotics to illegally resell to others;

- Possession of narcotics to illegally sell to others;

- Transporting narcotics for illegal sale to others.

(Section II.6 Joint Circular 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP)

Diem My

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