Tiếng Việt
Table of Contents
1. What are narcotics?
2. What does the law say about illegal possession of narcotics?
3. How is the crime of illegal possession of narcotics handled?
1. What are narcotics?
According to Clause 1, Article 2 of the 2021 Law on Drug Prevention and Control, “narcotic substance” means an addictive substance or psychotropic substance included in the list of narcotic substances promulgated by the Government.”
In particular, the lists of narcotics specified in Article 1 of Decree 73/2018/ND-CP include:
“Article 1. Lists of narcotic substances and precursors
The Lists of narcotic substances and precursors promulgated together with this Decree include:
List I: Narcotic substances banned from healthcare and life, the use of which for analysis, testing, scientific research and criminal investigation is subject to permission by competent authorities.
List II: Narcotic substances restricted from analysis, testing, scientific research, criminal investigation or healthcare as regulated by competent authorities.
List III: Narcotic substances permitted in analysis, testing, scientific research, criminal investigation, healthcare and veterinary medicine as regulated by competent authorities.
List IV: Precursors.
The Ministry of Public Security is responsible for management, licensing of export and import of precursors serving national defense and security. The Ministry of Agriculture and Rural Development is responsible for management, licensing of export and import of precursors serving veterinary medicine.”
Thus, according to the regulations of the Vietnamese Government, at present there are a total of 559 substances listed as narcotics. With the emergence of more and more types of drugs, the list of narcotics will certainly be supplemented.
2. How does the law regulate illegal possession of narcotics?
According to Section 3, Part II of Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP, it is stipulated that:
“Illegal possession of narcotics is the illegal storage or concealment of narcotics anywhere (such as in the house, in the garden, buried underground, in a suitcase, put in a gasoline tank, hidden in clothes, personal belongings worn on or on the person…) without the purpose of illegally buying, selling, transporting or producing narcotics. The length of storage does not affect the determination of this crime”.
In addition, according to Section 3.6 Part II of Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP, it is stipulated that:
“A person who illegally possesses, transports or appropriates narcotics in the following quantity not for the purpose of trading or illegally producing other narcotics shall apply Clause 4, Article 8 of the Criminal Code 2015, whereby shall not be prosecuted for criminal liability but must be administratively handled as follows:
a) Opium resin, cannabis resin or coca extract weighing less than one gram;
b) Heroin or cocaine weighing less than zero point one gram;
c) Cannabis leaves, flowers, fruits or coca leaves weighing less than one kilogram;
d) Dried opium fruit weighing less than five kilograms;
dd) Fresh opium fruit weighing less than one kilogram;
e) Other narcotics in solid form weighing less than one gram;
g) Other drugs in liquid form from ten milliliters or less.”
3. How is the crime of illegal possession of drugs handled?
The penalty framework for the crime of illegal possession of drugs is stipulated in Article 249 of the 2015 Penal Code, amended and supplemented in 2017:
“1. Any person who stores narcotic substances for purposes other than trading, transporting, or manufacturing narcotic substances in any of the following cases shall face a penalty of 01 – 05 years’ imprisonment:
a) The offender previously incurred a civil penalty for the same offence or has a previous conviction for the same offence which has not been expunged;
b) The offence involves a quantity of from 01 g to under 500 g of opium 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, or MDMA;
d) The offence involves a quantity of from 10 kg to under 25 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;
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 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 cases shall carry 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, or MDMA;
h) The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;
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) Dangerous recidivism;
o) The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point e through m of this Clause.
3. This offence committed in any of the following cases shall carry a penalty of 10 – 15 years’ imprisonment:
a) The offence involves a quantity of from 01 kg to under 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of from 30 g to under 100 g of heroin, cocaine,
methamphetamine, amphetamine, or MDMA;
c) The offence involves a quantity of from 25 kg to under 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;
d) The offence involves a quantity of from 200 kg to under 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of from 50 kg to under 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of from 100 g to under 300 g of other solid narcotic substances;
g) The offence involves a quantity of from 250 ml under 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
4. This offence committed in any of the following cases shall carry a penalty of 15 – 20 years’ imprisonment or life imprisonment:
a) The offence involves a quantity of ≥ 05 kg of poppy resin, cannabis resin, or coca glue;
b) The offence involves a quantity of ≥ 100 g of heroin, cocaine, methamphetamine, amphetamine, or MDMA;
c) The offence involves a quantity of ≥ 75 kg of cannabis leaves, roots, branches, flowers, fruits or coca leaves;
d) The offence involves a quantity of ≥ 600 kg of dried opium poppy fruits;
dd) The offence involves a quantity of ≥ 150 kg of fresh opium poppy fruits;
e) The offence involves a quantity of ≥ 300 g of other solid narcotic substances;
g) The offence involves a quantity of ≥ 750 ml of other liquid narcotic substances;
h) The offence involves ≥ 02 narcotic substances the total quantity is equivalent to the quantity of narcotic substances specified in Point a through g of this Clause.
5. 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.”