TABLE OF CONTENTS
1. What are narcotic plants?
2. Prohibited acts in drug prevention and control
3. How are narcotic plants handled?
3.1 Administrative sanctions
3.2 Criminal prosecution
1. What are narcotic plants?
According to Clause 6, Article 2 of the 2021 Law on Drug Prevention and Control, “Narcotic plants are opium plants, coca plants, cannabis plants and other plants containing narcotic substances as prescribed by the Government.”
2. Prohibited acts in drug prevention and control
“Article 5. Prohibited acts
1. Growing of plants containing narcotic substances; provision of instructions for growing of plants containing narcotic substances.
2. Illegal research, examination, testing, inspection, production, storage, transport, preservation, trade, distribution, processing, exchange, export, import, temporary import, re-export, temporary export, re-import and transit of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs, and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.
3. Appropriation of narcotic substances, precursors, narcotic drugs, psychotropic drugs, precursor drugs and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients or precursors used for production of medicines or veterinary drugs containing narcotic substances or precursors.
4. Illegal delivery, receipt, management, control, storage, dispensing and preservation of narcotic substances and precursors; allowing illegal use of narcotic substances, narcotic drugs or psychotropic drugs.
5. Illegal use or organization of illegal use of narcotic substances; forcing or persuading others to use narcotic substances illegally; aiding and abetting illegal use of narcotic substances.
6. Illegal production, storage, transport and trade of equipment used for illegal production or use of narcotic substances.
7. Resisting or obstructing drug testing in the body, determining drug addiction status, managing illegal drug users, drug rehabilitation, and post-rehabilitation management.
8. Taking revenge on or obstructing persons performing duties of narcotic substance prevention and control and participants in narcotic substance prevention and control.
9. Abusing positions, powers or jobs to commit violations against regulations of law on narcotic substance prevention and control.
10. Provision of instructions for illegal production or use of narcotic substances; advertising narcotic substances.
11. Discrimination against drug users, persons undergoing rehabilitation and persons having completed rehabilitation.
12. Other prohibited acts involving narcotic substances provided for by regulations of law.”
3. How is the cultivation of plants containing narcotic substances handled?
3.1 Administrative sanctions
Pursuant to Clauses 1, 2 and 3, Article 23 of Decree No. 144/2021/ND-CP dated December 31, 2021, stipulating administrative sanctions in the fields of security, order and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence:
“Article 23. Violations of regulations on drug prevention, control and control
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.”
In addition, according to Clauses 8 and 9, Article 23 of Decree No. 144/2021/ND-CP dated December 31, 2021, stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence, additional sanctions and remedial measures are prescribed as follows:
“8. Additional sanctions:
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;”
3.2 Criminal prosecution
According to Article 247 of the 2015 Penal Code, amended and supplemented in 2017, as follows:
“Article 247. Growing opium poppy plants, coca plants, cannabis plants, or other plants containing narcotic substances
1. Any person who grows opium poppy plants, coca plants, cannabis plants, or other plants containing narcotic substances in any of the following cases 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 previously incurred a civil penalty or has a previous conviction for the same offence which has not been expunged;
c) The offence involves a quantity of from 500 to under 3,000 plants.
2. This offence committed in any of the following cases shall carry 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.”
Thus, those who commit crimes under the above provisions will be prosecuted for criminal liability with the corresponding penalty. However, if the offender voluntarily destroys and hands over the property to a competent authority before harvesting, he or she may be exempted from criminal liability.