In Vietnam, the crime of illegal possession of narcotics is governed by strict laws under the Criminal Code 2015 (amended by Clause 66, Article 1 of the Law on Amendments to the Criminal Code 2017). This article provides an overview of the legal framework, penalties, and age of criminal responsibility for those who commit this offense.

1. Legal Grounds and Penalties

Under Article 249 of the Criminal Code, individuals found guilty of illegal possession of narcotics may face imprisonment ranging from 1 year to life imprisonment, depending on the quantity and type of narcotics involved as well as the offender's criminal history. Key Points of Article 249: Imprisonment (1 to 5 years): Applies to individuals who possess narcotics without intent to sell, transport, or manufacture, including those previously sanctioned or convicted for similar crimes. Quantities regulated under this range include:

• • Opium resin, cannabis resin, or coca extract: 1 to under 500 grams
  • Heroin, cocaine, methamphetamine, amphetamine, MDMA, XLR-11: 0.1 to under 5 grams
  • Cannabis plant parts and coca leaves: 1 to under 10 kilograms
  • Dried opium poppy pods: 5 to under 50 kilograms

Higher quantities or aggravating circumstances can result in longer sentences, including life imprisonment. Other Penalties: Aside from imprisonment, offenders may face additional fines ranging from 5 million to 500 million VND. The court may also restrict their professional rights or confiscate part or all of their property.

2. Age of Criminal Responsibility for Narcotics Possession

According to Article 12 of the Criminal Code 2015, the age of criminal responsibility in Vietnam for narcotics offenses is as follows:

• 16 years or older: Individuals aged 16 and above are fully liable for crimes related to narcotics possession.
• 14 to under 16 years: Only held criminally liable for serious crimes, including cases involving organized crime, recidivism, or significant narcotic quantities (e.g., over 500 grams of opium resin or 5 grams of heroin).

3. Specific Penalties and Aggravating Factors

Penalties for narcotics possession in Vietnam are stringent, with specific factors influencing sentencing:

• Organized Crime Participation: Involvement in organized crime can lead to more severe sentencing.
• Quantity Thresholds: Larger quantities of narcotics or repeat offenses may result in extended prison terms or life imprisonment.
• Dangerous Recidivism: Repeat offenses elevate the severity of sentencing.

In Vietnam, illegal possession of narcotics is punishable by a range of imprisonment from 1 year to life imprisonment, with additional fines and possible property confiscation. Criminal responsibility for narcotics possession applies primarily to those aged 16 and above, with exceptions for younger individuals involved in organized crime or possessing significant narcotic amounts. Given the complexities of narcotics law in Vietnam, legal guidance is recommended for anyone facing these charges.   The above information is provided by Mys Law. For any questions regarding the content of this article, please contact 0969.361.319 or email: [email protected] for further clarification. Best regards! Compiler: Nguyen Anh Quan