Drug Crime in Vietnam – Typical Examples

Case 1: First-time Drug Use, No Criminal Record or Prior Administrative Penalty (Personal Use Only)

Facts:

The violator independently used narcotic substances without authorization. The conduct did not involve organization, solicitation, or distribution to others.

Legal Measures:

• If no sign of addiction: Administrative sanction pursuant to Point (a), Clause 2, Article 23 of Decree No. 144/2021/NĐ-CP – a monetary fine ranging from VND 1,000,000 to 2,000,000.
• If addiction is identified: Compulsory rehabilitation (up to 24 months) or voluntary rehabilitation (up to 12 months).
• No criminal liability unless repeated during the supervision or rehabilitation period (Article 256a of the 2025 Penal Code – Draft).

Example:

Mr. A, 30 years old, used methamphetamine at home for the first time. He did not sell, organize, or distribute drugs and had no criminal or administrative record.

Legal References:

• Point (a), Clause 2, Article 23 of Decree No. 144/2021/NĐ-CP.
• Articles 26, 28, 33, and 34 of the Law on Drug Prevention and Control 2021.
• Article 256a of the Penal Code 2025 (Draft) – Offense of Illicit Use of Narcotic Substances.

Legal Insight – An Law Vietnam

The use of narcotic substances constitutes an unlawful act violating State regulations on drug management (Article 2, Law on Drug Prevention and Control 2021). However, as the conduct does not yet meet the elements of a criminal offense under Article 256a of the 2025 Penal Code (no prior rehabilitation, no supervision order, no repeated use), the case is handled administratively.

If drug use is repeated within 12 months during supervision, the act constitutes recidivism and becomes subject to criminal prosecution.

Sanction Level: Administrative fine of VND 2,000,000 and placement under supervision for 12 months. Reoffending during this period → criminal prosecution under Article 256a of the 2025 Penal Code.

Case 2: First-time Drug Use, No Criminal Record, Joint Use without Organizer

Facts:

A group of persons used drugs together at one location, but no one organized, procured, or supplied the drugs.

Legal Measures:

• Those who merely used without organizing or soliciting → administrative fine identical to Case 1.
• Any person who organized, prepared, or solicited others → criminal liability for Organizing the Illicit Use of Narcotic Substances under Article 256 of the Penal Code.
• Basic penalty frame: 2 to 7 years’ imprisonment.
• Aggravated frame: 7 to 15 years if organized, involving minors, or causing serious consequences.

Example:

Mr. B invited five friends to his home to use drugs.

He purchased and prepared the narcotics, then invited others to use.

The remaining four participants were unaware of his preparation and only joined upon seeing the drugs available.

Sanctions:

• Organizer (Mr. B): 2–7 years’ imprisonment depending on severity.
• First-time users: administrative fine of VND 1–2 million and 12-month supervision.
• Reoffending during supervision or post-rehabilitation → criminal liability under Article 256a of the Penal Code 2025.

Legal References:

• Article 256, Penal Code 2015 (amended 2025).
• Point (a), Clause 2, Article 23 of Decree No. 144/2021/NĐ-CP.
• Articles 26, 28, 33, 34 of the Law on Drug Prevention and Control 2021.
• Article 256a, Penal Code 2025 (Draft).

Legal Insight – An Law Vietnam

• Mr. B: Conduct of purchasing, preparing, and inviting others → constitutes Organizing the Illicit Use of Narcotic Substances (Art. 256).

  • Basic penalty: 2–7 years; aggravated: 7–15 years (organized, inducement, serious consequences).

• Four others: Mere users, unaware of preparation → not co-offenders in organizing.

  • Act qualifies as Illicit Use of Narcotic Substances only → administrative fine (VND 1–2 million) and 12-month supervision.

  • If previously sanctioned or under supervision → criminal liability under Article 256a.

Case 3: First-time Drug Use, Aware of Organization and Aiding in Drug Procurement

Facts:

Five individuals gathered at a hotel/bar.

A arranged to buy drugs.

B contributed funds for C to collect the drugs.

C received and delivered the drugs.

D and E were unaware of the procurement until usage.

Legal Measures:

• A: Organizer → offense under Article 256 (Organizing the Illicit Use of Narcotic Substances). Penalty: 2–7 years; up to 15 years if organized or inducing others.
• B: Aided the act → accomplice under Articles 17 and 256 of the Penal Code; 2–7 years with mitigating consideration.
• C: Delivered and held drugs → liable under Article 256 or Article 249 (Illegal Possession of Narcotics).
• D, E: Unaware, not aiding → not criminally liable; if used, fined VND 1–2 million and supervised for 12 months.

Example:

A, B, and C jointly discussed and bought drugs for use; D and E joined without prior knowledge.

Sanctions:

A, B, C → criminal prosecution (Art. 256).

D, E → administrative fine and supervision if used.

Legal References:

• Articles 17, 249, and 256 of the Penal Code 2015 (amended 2025).
• Point (a), Clause 2, Article 23 of Decree No. 144/2021/NĐ-CP.
• Articles 28, 33, and 34 of the Law on Drug Prevention and Control 2021.

Legal Insight – An Law Vietnam

A: Initiator and organizer → principal offender under Art. 256.
B: Financial assistance with full knowledge → accomplice under Art. 17.
C: Carrier/keeper → possibly liable for organizing or possession (Arts. 249–256).
D, E: Mere users without intent or contribution → administrative handling only.

Extended Hypothetical (Case 3 – Supplementary)

Facts:

D and E used drugs without knowing about procurement or organization. However, both had prior convictions or were under post-rehabilitation management.

Legal Basis:

• Point (a), Clause 2, Article 23 of Decree No. 144/2021/NĐ-CP.
• Article 256a, Penal Code 2025 (Draft).
• Articles 70 and 73, Penal Code 2015 (amended 2021) – expungement.
• Articles 33 and 34, Law on Drug Prevention and Control 2021.

Conclusion:

If D and E have prior criminal or administrative records and reoffend during management or before record expungement, they are subject to criminal prosecution under Article 256a, with penalties of 2–7 years depending on the nature of recidivism.

Legal Insight – An Law Vietnam

1. Conduct: Still “illicit use,” but prior records elevate administrative violation to a criminal offense.

2. If prior administrative sanction only: Reoffending during supervision → criminal liability (Art. 256a).

   • Basic: 2–5 years; Aggravated: 5–7 years (public disorder, resistance, inducement, repeated acts).

   • Example: D fined in 2024, under supervision, reuses in 2025 → prosecuted under Art. 256a.

3. If prior conviction: Constitutes recidivism or dangerous recidivism → aggravated frame (5–7 years).

4. If record expunged: Treated as first-time → administrative fine only.

Case 4: Drug Use in a Group with Knowledge of an Organizer

Facts:

Five individuals used drugs together.

All were aware that A, B, and C organized the event, yet D and E still participated.

Legal Measures:

• A, B, C:Organizing the Illicit Use of Narcotic Substances – Article 256.

  • Basic penalty: 2–7 years; aggravated: 7–15 years (organization, minors, serious consequences).

• D, E:Illicit Use of Narcotic Substances – Article 256a.

  • Basic: 2–5 years; Aggravated: 5–7 years (public disorder, inducement, recidivism).

Example:

D and E knowingly joined an organized drug session hosted by A–B–C at a homestay.

Sanctions:

A–C: 2–7 years, possibly up to 15 years.

D–E: 2–5 years; if recidivist or under management → 5–7 years.

Legal References:

• Articles 256 and 256a, Penal Code 2015 (amended 2025).
• Law on Drug Prevention and Control 2021 (Art. 33).
• Decree No. 144/2021/NĐ-CP (Art. 23).

Legal Insight – An Law Vietnam

• Organizers (A–C) fulfilled the elements of Art. 256 through preparation and facilitation.
  
  Participants (D–E) knowingly joined, forming intentional use, satisfying Art. 256a.
  
  Prior criminal record or supervision status aggravates the penalty.

Case 5: Collective Purchase and Joint Use of Narcotics

Facts:

Participants jointly contributed money to purchase and use narcotics at one location, showing shared intent and divided roles.

Legal Measures:

• Illegal Possession of Narcotics – Article 249.
• Organizing the Illicit Use of Narcotics – Article 256, if arrangement and inducement are proven.

Example:

C purchased, D stored, and E arranged the location for use.

Sanctions:

• Basic: 2–7 years.
• Aggravated: 7–15 years (organized, minors, serious harm).
• Particularly serious: 15–20 years or life imprisonment for dangerous recidivism or grave harm.

Legal References:

• Articles 249 and 256, Penal Code 2015 (amended 2025).
• Article 33, Law on Drug Prevention and Control 2021.
• Article 23, Decree No. 144/2021/NĐ-CP.

Legal Insight – An Law Vietnam

Joint contribution and role division demonstrate co-offending intent.

If mere possession for use → Art. 249 applies.

If preparation or inducement occurs → Art. 256 applies.

Case 6: Second-time Drug Use (Recidivism)

Facts:

The violator previously underwent administrative sanctions or compulsory rehabilitation but continued drug use during or shortly after the management period.

Legal Measures:

Criminal prosecution under Article 256a of the Penal Code 2025:

• Clause 1: 2–5 years’ imprisonment.
• Clause 2: 5–7 years if aggravated (public disorder, resistance, inducement).
• Additional penalty: Fine of VND 10–50 million.
• Post-sentence measure: Further compulsory rehabilitation under the 2021 Law on Drug Prevention and Control.

Example:

Mr. A underwent compulsory rehabilitation in 2023, but reused in 2025 → prosecuted under Article 256a as a recidivist.

Sanctions:

• Basic: 2–5 years.
• Aggravated: 5–7 years.
• Fine: VND 10–50 million.
• Post-sentence: Continued rehabilitation.

Legal References:

• Article 256a, Penal Code 2025.
• Article 33, Law on Drug Prevention and Control 2021.
• Decree No. 144/2021/NĐ-CP (Art. 23).
• Decree No. 116/2021/NĐ-CP (rehabilitation regulations).

Legal Insight – An Law Vietnam

Repeat use after prior sanctions or rehabilitation constitutes a criminal offense rather than an administrative violation.

The criminalization of recidivist use serves a deterrent and preventive function, addressing persistent offenders.

Contact – An Law Vietnam (Criminal Defense Practice)

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