How will the crime of illegal drug trafficking be handled criminally?

Reply:People who commit the crime of illegal drug trafficking under Article 251 of the 2015 Penal Code (amended and supplemented in 2017) will be handled with each penalty frame as follows:

* Frame 1:

Imprisonment from 02 years to 07 years for those who illegally buy and sell drugs.

* Frame 2:

Imprisonment from 07 years to 15 years for those who illegally buy and sell drugs in one of the following cases:

- Organized;

- Committing the crime 2 times or more;

- For 02 people or more;

- Abuse of position and power;

- Taking advantage of the name of an agency or organization;

- Using people under 16 years old to commit crimes or selling drugs to people under 16 years old;

- Across the border;

- Opium resin, cannabis resin or coca extract weighing from 500 grams to less than 01 kilogram;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 05 grams to less than 30 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants or other plant parts containing narcotic substances as prescribed by the Government with a weight from 10 kilograms to less than 25 kilograms;

- Dried opium fruit weighing from 50 kilograms to less than 200 kilograms;

- Fresh opium fruit weighing from 10 kilograms to less than 50 kilograms;

- Other solid narcotics with a mass from 20 grams to less than 100 grams;

- Other drugs in liquid form with a volume from 100 milliliters to less than 250 milliliters;

- Possessing 02 or more narcotic substances, the total mass or volume of which is equivalent to the mass or volume of narcotic substances specified in one of the points from Point h to Point o, Clause 2, Article 251 of the Penal Code 2015 (amended and supplemented 2017) mentioned above;

- Dangerous recidivism.

* Frame 3:

Imprisonment from 15 years to 20 years for those who illegally buy and sell drugs in one of the following cases:

- Opium resin, cannabis resin or coca extract weighing from 01 kilogram to less than 05 kilograms;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing from 30 grams to less than 100 grams;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants or other plant parts containing narcotic substances as prescribed by the Government with a weight from 25 kilograms to less than 75 kilograms;

- Dried opium fruit weighing from 200 kilograms to less than 600 kilograms;

- Fresh opium poppy weighing from 50 kilograms to less than 150 kilograms;

- Other solid drugs weighing from 100 grams to less than 300 grams;

- Other drugs in liquid form with a volume from 250 milliliters to less than 750 milliliters;

- Possessing 02 or more narcotic substances, the total mass or volume of which is equivalent to the mass or volume of narcotic substances specified in one of the points from point a to point g, clause 3, Article 251 of the Penal Code 2015 (amended and supplemented 2017) mentioned above.

* Frame 4:

Imprisonment of 20 years, life imprisonment or death penalty shall be imposed on those who illegally buy and sell drugs in one of the following cases:

- Opium resin, cannabis resin or coca extract weighing 5 kilograms or more;

- Heroin, Cocaine, Methamphetamine, Amphetamine, MDMA or XLR-11 weighing 100 grams or more;

- Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants or other plant parts containing narcotic substances as prescribed by the Government with a weight of 75 kilograms or more;

- Dried opium fruit weighing 600 kilograms or more;

- Fresh opium poppy fruit weighing 150 kilograms or more;

- Other solid drugs weighing 300 grams or more;

- Other drugs in liquid form with a volume of 750 milliliters or more;

- Possessing 02 or more narcotic substances, the total mass or volume of which is equivalent to the mass or volume of the narcotic substance specified in one of the points from point a to point g, clause 4, Article 251 of the Penal Code 2015 (amended and supplemented 2017) mentioned above.

* Additional penalties:

A person who illegally buys and sells drugs may also be fined from VND 5,000,000 to VND 500,000,000, banned from holding a position, practicing a profession or doing certain work from 01 to 05 years, or have part or all of his/her property confiscated.

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Thus, according to Article 251 of the 2015 Penal Code (amended and supplemented in 2017), those who commit the crime of illegal drug trafficking can be subject to the highest penalty of up to death.