Criminalization of Drug Trafficking in 

Vietnam: Developments and Challenges 

Hoa Phuong T. NGUYEN* and Gregory L. ROSE•• 

Abstract 

Since the adoption of an •open door" economic poli<:y in 1986, drug 

trafficking in Vietnam has increased significantly. In 1997, Vietnam ratified 

the three UN drug control conventions and launched efforts to bring its 

national laws into line with them. As a newcomer to these international 

standards, Vietnam lacked experience in developing laws to combat drug 

trafficking. Fifteen years on, how well does Vietnamese legislation comply 

with the internattional requirements? How could compliance and, more 

broadly, the relevant legislation be improved? 

The first part of this paper draws a picture of drug trafficking in 

Vietnam since the •open door" economic policy was adopted. The second 

part analyses the ,government's legislative action over the past fifteen years 

to combat drug-related crime. The analysis reveals some inconsistencies 

with the UN standards and, moreover, some inherent problems in the 

recent formulation of the Vietnamese drug-related laws that require 

rectification through legislative clarification. 

I. HISTORIC PERSPECTIVE ON DRUG TRAFFICKING 

Located in the viciniry of the Golden Triangle (northern regions of 

Myanmar, Laos, Thailand), and having long, weakly controlled land and sea 

borders, Vietnam has faced the problem of drug abuse from early times. The 

opium poppy is thought to have arrived in Vietnam via Laos between the years 

!QQQ <md t99o. After it arrived, opium ~l!ltiviltion <md srnc;>king $pread widely, 

'46 



causing major problems for public security and order,' In 1665, the Vietnamese 

King Canh Tri Ill prohibited opium cultivation.' This prohibition is viewed as 

the first Vietnamese instance of regulatory control of drug use. During the 

feudal period, severe penalties were imposed upon opium consumers and 

traffickers, aiming at suppressing its emergence.' The opium restrictions, 

however, were removed during the French rule over Vietnam, and opium 

smoking was not of major concern during the Vietnam war. 4 After the country 

achieved its reunification in 1975, the new national Government enhanced its 

control of opium cultivation and provided treatment for drug abusers. Since 

then, national efforts to gain effective control over drug use have progressively 

increased. 

In 1997, Vietnam ratified the three United Nations Drug Control 

Conventions (DCCs), namely the Single Convention on Narcotic Drugs 1961 

("Narcotics Convention"), the Convention on Psychotropic Substances 197~ 

("Psychotropics Convention") and the Convention against Illicit Drug Traffic 

in Narcotic Drugs and Psychotropic Substances 1988 ("Trafficking 

Convention"). To bring its laws in line with the DCC standards requiring 

criminalization of certain drug-related activities, Vietnam introduced changes 

• LLB, LLM, PhD (Wollongong), Lecturer, Deputy Director, Human and Citizen Rights 
Centre, Ho Chi Minh Oty University of Law, Ho Chi Minh City, Vietnam. 

" BA, LLB, LLM (Monash), Professor, Australian National Centre for Ocean Resources 
and Security, School of Law, University ofWoUongong, Australia. 

' P. H. Nguyen & N. H. Dang. (Ma Tuy va nhung Van De ve Cong Tac Kiem Soat Ma 
Tuy) [Narcotics and Matters Concerning Narcotics Control], (Ha Noi: Nha Xuat Ban 
Cong An Nhan Dan, 1994). 

• P. H. Nguyen, (Cac Toi Pham ve Ma Tuy: Dac Diem Hinh Su, Dau Hieu Phap Ly, cac 
Bien Phap Phat Hien Dieu Tra) [Drug-Related Crimes: Criminal Characteristics, Legal 
Constituents, Measures to Discover and to Investigate) (Ha Noi: Nha Xu at Ban Cong An 
Nhan Dan, 1998); V. L. Tran, (Trach Nhiem Hinh Su doi voi cac Toi Pham veMa Tuy) 
(Criminal Liability for Drug-Related Crimes) (Ha Noi: Nha Xuat Ban Chinh Tri Quoc 
Gia, 1998); N. B. Vu, (Phong Chong Ma Tuy trong Nha Truong) (Narcotic Drug 
Prevention in Education Institutions) (HaNoi: NXB Cong an nhan dan, 1997). 

3 N. B. Vu, supra note 2. 

4 P. H. Nguyen & N.H. Dang, supra note 1. 

'47 



to its criminal laws. Its current legis:ation presents a remarkably strong set of 

drug-related criminal laws. However, some notable problems occur in the 

formulation of the Vietnamese drug-related offences. 

In order to provide a backgrou:1d for the recent developments in drug­

related criminal law reform, t his paper first draws a picture of the growth in 

drug trafficking in Vietnam since its government adopted an "open door" trade 

and economic policy. Second, in its main body, the paper analyzes the 

compliance achievements and shortcomings of Vietnamese criminalization of 

drug offences prescribed by t he DCC standards. This is accomplished by 

identifying, interpreting and analysing the primary materials, i.e. provisions of 

the international conventions and relevant Vietnamese national legislation, 

assisted by scholarly commentaries, and then by comparing the provisions of 

the Vietnamese legislation with the requirements in the international 

conventions. A comparative analysis has not been published before and it 

reveals some Vietnamese inconsistencies with the DCC standards and, 

moreover. some inherent problems in the formulation of the Vietnamese drug­

related offences that require rectification through further legislative 

clarification. 

II. CONTEMPORARY VIETNAMESE DRUG TRAFFICKING 

The year 1986 was a remarkable turning point in the modern history of 

Vietnam, auguring a new period in national economic and social development. 

On completing the second five-year socio-economic plan (t980·1985) since 

reunification, Vietnam was faced with great socio-economic difficulties, 

despite many achievemcnts.5 To lead the country out of its economic 

stagnation, the Sixth National Party Congress initiated economic reforms to 

> M. H. Le, (Ket qua thuc hien chuong trinh hanh dong phong chong ma tuy giai doan 
1998->ooo va phuong huong trien khai Chuong trinh hanh dong phong chong ma tuy 
giai doan 200t•2oos) [Results oft.he action plans on drug prevention and suppression in 
the three-year period from 1998 to 2000 end orientation on the deployment of the Action 
Plan in the five-year period from 2001 to 20o5] (2001) (Ban tin phong chong ma tuy}, 4, at 
6. 



replace the centrally planned economy with a "socialist-oriented market 

economy." The change of economic approach required, inevitably, a new legal 

framework and new administrative arrangements. This comprehensive 

renovation, called Doi Moi in Vietnamese, was carried out throughout the 

country and led to major economic and social changes. It generated growth in 

the private economic sector and improved living standards. Public 

infrastructure, such as post and telecommunications, transport facilities 

(roads, bridges, ports, airports) and electricity and water supply, were 

enhanced. International trade, both exports and imports, developed 

dramatically.• Through its open door policy, Vietnam's international economic 

relations expanded and its cooperation with traditional partners strengthened. 

The "open door" policy also created operational advantages for drug 

traffickers. In the 2006 annual report of the National Committee for 

Prevention and Suppression of AIDS, Drugs and Prostitution, and in a 2006 

publication of t he Standing Office for Drug Control titled "Drug Control 

Activities in Vietnam; it was observed that an increase in drug trafficking 

flowed through the "open door."' In many other national studies, linkages 

have been made between the "open door" policy and significant increases in 

6 Bo Thuong Mai, (Thuong Mai Viet Nam va APEC) [The Ministry of Trade of Vietnam 
and APEC] (Hanoi: NXB Thong Ke, >ao6); Dang Cong San VietNam, (Kiem Diem vice 
Thuc Hien Ng.IU Quyet Dai Hoi Dang Lan Thu IX ve Phuong Huong Nh.iem Vu Phat 
Trien Kinh Te Xa Hoi nam 200t-20o5 va Phuong Huong Nhiem Vu Phat Trien Kinb Te 
Xa Hoi 5 nam 2oo6-2oto) [Review of the Implementation of the Party Resolution at the 
Ninth Party National Congress on Directions and Tasks to Develop National Socio­
Economy in zooz-zoo.s and Directions and Tasks to Develop National Socio-Economy in 
the Five-Year Period 2-0o6-2oJo], available at 
http:llwww .cpv.org.vnltiengviet{tuUcuvankien/tulieuvedangldetails.asp?topic=t68&su 
btopic•8&leader_topic=699&id=BT16o635244 (last visited May u, 2007). 

7 Co Quan Thuong True Phong Chong Ma Tuy cua Uy Ban Quoc Gia Phong Chong 
AIDs Phong Chong Ma Tuy va Mai Dam, (Bao Cao Tinh Hinh va Ket Qua 5 Nam Thi 
Hanh Luat Phong. Chong Ma Tuy) (Report on the Five-Year Implementation of the Law 
on Narcotics Prevention and Suppression] (No. J04hoo6/BCA(VPU)) (Ha Noi, 2oo6); 
Standing Office for Drug Control, Drug Control Activities in VietNam (People's Police 
Publishing House, 2003); Uy Ban Quoc Gia Phong Chong AIDs Phong Chong Ma Tuy 
va Mai Dam, (Sao Cao Tinh Hinh Cong Tac Phong Chong Ma Tuy Nam >oo6 va 
Phuong Huong Cong Tac Nam 2007) [Situation of Drug Control in 2006 and Directions 
for.2oo7] (No. 35 BC/BCA(VPU)) (2007). 

'49 



drug-related crimes and arrests.8 The Vietnamese situation appears consistent 

with observations in international studies that greater opportunities for 

criminal operations are provided by higher levels of trade in goods and 

services, by free movement of people across national borders, and by 

technological advances in transportation, communications and data 

exchange.• 

A fncreased Drug Trafficking 

In the decade between 1981-1990, across the whole country there were 

1,698 reported cases of drug-related crimes, while in the next decade, between 

1991-2000, the number of cases rose to 43,211 cases, w a 27-fold increase (see 

Table 1). In the last five years, 2008-2012, the number of drug-related cases 

8 H. A. Le, (Tinh hinh va ket qua trien khoi thuc hien Luat Phong, chong ma tuy trong 2 

nam 2001·2002) [Situation and results of the two-year implementation of the Law on 
Narcotics prevention and suppression ir. 2001·200>] (2003) Ban tin phong chong rna 
tuy, 4, at 2; T. T. Le, (Thuc Hien Cbuong Trinh Quoc Gia Phong, Chong Toi Pham trong 
Thoi Ky Day Manh Cong Nghiep Hoa va Hien Dai Hoa Oat Nuoc) [Implementation of 
the National Crime Prevention Strategy in the Period of Enhancing Industrialization and 
Modernization in the Country) (NXB Chinh Tri Quoc Gia, 2002); P. H. Nguyen & N. H. 
Dang, supra note 1; T. M. N. Nguyen & Q. H. Pham, (Nhung Van De Co Ban trong Cong 
Tac Kiem Sat Dieu Tra va !Gem Sat Xet Xu cac Toi Pham veMa Tuy o VietNam) [Basic 
Issues on Supervision over Investigations and Trials for Drug-Related Crimes ) (Ha Noi: 
Nba Xuat Ban Cong An Nhan Dan, 1003); T. T. Nguyen, (Du Bao Tinh Hinh Toi Pham 
co To Chuc o Viet Nam tu Nay den Nam 2010) [Forecast on the Organized Crimes in 
Vietnam Towards 2010) (2002) Ban Tin Phong Chong Ma Tuy, 8, at u; X. Y. Nguyen, 
(Toi Pham Co To Cbuc, Mafia va Toan Cau Hoa Toi Pharo) [Organized Crimes, Mafia 
and Globalization of Crimes} (Ha Noi: Nila Xuat Ban Cong An Nhan Dan, 2003); X. Y. 
Nguyen, (Luat Phong Chong Ma Tuy va Phong Chong Ma Tuy trong Nha Truong) [Law 
on Narcotics Prevention and Suppress.'on and Narcotics Prevention in Education 
Institutions) (Ha Noi: Nha Xuat Ban Cong An Nhan Dan, 2004); G. K. Pham, (Bai khai 
mac cua Pho thu tuong Pham Gia Khiem, chu tich Uy ban quae gia phong, chong aids va 
phong, chong te nan rna tuy, mai dam tai hoi nghi) [Opening speech of the Deputy 
Minister · the head of the National Committee for Prevention and Suppression of AIDS, 
Narcotics and Prostitution) ( z.oo1) Ban t in phong chong mil tu.y, 4 , ilt 5· 

; M. C. Bassiouni,lntemational Drug Control System, INTERNATIONAL CRIMINAl. LAw 905· 
948 (Vol 1., New York: Transnational Publishers, 1999); M. BEN"THAM, THE POLmcs OF 
DRUG CONTROL (New York: Macmillan Press, 1998); DIVISION OF NARCOTIC DRUGS, THE 
UNITED NATIONS AND DRUG CONTROL (New York: United Nations, 1g82). 

~ Q. V. Vu, (Hoan thien be thong phap ltat co lien quan den cong tac phong. chong toi 
pbam ve rna tuy) !Recommendations for improving drug control law and regulations] 
(Paper presented at the Hoi thao ve thuc tien dau tranh phong chong ma tuy va van de 
hoan thien phap Juat phong chong ma tU'f Ha Noi, Vietnam, 2002). 

150 



across the whole country was 40,862, close to the total number of reported 

cases for the previous ten-year period, 1991·20oo." According to Vietnamese 

criminologists, Jaw enforcement bodies identify only s -10% of the country's 

drug-related crimes, indicating that the vast bulk of the drug trafficking 

iceberg remains hidden.u 

B. Smuggling Routes 

Vietnam is considered an important transit country for illicit drugs.'} 

According to the International Narcotics Control Board (1999, 2001, 2003, 2.010, 

2011), Vietnamese territory provides transit routes and storages place for 

heroin manufactured in the Golden Triangle en route to Australia, Canada, 

Europe and North America: 

Major trafficking routes for heroin manufacture mainly in the border 

areas of Myanmar include corridors that lead through Yunnan province 

of China, and then further east to point along that country's coast and 

through the Lao People's Democratic Republic to coastal areas in 

Cambodia and Vietnam. From the coastal areas, the heroin is shipped to 

illicit markets in Australia, Canada, the United States and countries in 

Europe." 

Heroin, cannabis and other synthetic drugs are brought to Vietnam 

through points along its borders with Laos, Cambodia and China, each of 

which is described below. The map at Figure 1 visually describes the main 

cross-border trafficking routes for illicit drugs moving into Vietnam. 

"Reports of the People's Supreme Court of Vietnam, zooS to zo12. 

u X. Y. Nguyen, supra note 8. 

'' M. Bentham, supra note 9; R. C~UTTERBliCK, DRUGS, CRIME AND CORRUP'rtON {1995); 
UNODC Vietnam, Vietnam: Country Profile, 2003 (200J), available at 
http:l/www.unodc.org/pdf/vietnam/country__profile_vietnam.pdf (last visited Dec. 18, 
2004). 

"International Narcotics Control Board, Report of the International Narcotics Control 
Board for 2001, 2002, available at http://www.incb.org/incb{annual_report_2001.html 
(last visited Aug. 18, 201.2). 



The common border of Vietnam and Laos, which stretches through ten 

Vietnamese provinces with thousands of small roads and tracks running 

through low hills, is used as the main overland gateway for illicit drugs 

smuggled into Vietnam.'' During the three-year period from 1998 to 2 000, 

62.1% of the total heroin and 68.5% of the total op-ium seized by law 

enforcement authorities were taken in provinces located along this border, 

including Lai Chau, Son La, Nghe An, Ha Tinh, and Thanh Hoa.'6 Cambodian 

cannabis is brought into Vietnam through their common border, via provinces 

such as Tay Ninh, An Giang, Dong Thap and Kien Giang. and then transported 

onwards to consumer countries.'' Due to its lack of an elaborate legal 

framework for drug control and its weak law enforcement capacity, Cambodia 

is also a transit country through which heroin, ecstasy, methamphetamine and 

other narcotics from the Golden Triangle are transported into Vietnam. '8 Drug 

trafficking along the border between China and Vietnam is bidirectional. In a 

number of cases, synthetic drugs, such as diazepam, seduxen and other types 

of synthetic drugs are transported from China into Vietnam,'9 as China is a 

" P. Chalk, Southeast Asia and the Golden Triangle's heroin trade: Threat and response, 
>)Studies in confllct and terrorism • at 89 (2000); X. Y. Nguyen, supra note 8; United 
States Department of justice, Drug Intelligence Brief· the Drug Situation in Vietnam, 
Nov. 2001, available at http://www.usdoj.gov/dea/pubs/intel!o>001/02001p.btml (last 
visited Nov. 13, 1004); UNODC Vietnam, Vietnam: Country Profile, 100_3, available at 
http://www.unodc.org/pdf/vietnam/country_proflle_vietnam.pdf (last visited Dec. 18, 
2004). 

16 M. H. Le, supra note 5, at 6. 

'7 Q. V. Vu, (Tinh hinh chung ve cong tac kiem soat rna tuy va van de phong chong rna 
tuy o Viet Nam) (Gi<neral situation on drug control and the issue of drug prevention and 
suppression in Vietnam] (Paper presented at the Hoi thao ve phong chong rna tuy cua 
Viet Nam va Pbap, Hanoi, Vietnam, 1998); Q. V. Vu, (Hoan thien he thong phap luat co 
tien quan den cong tac pbong, chong toi pham ve rna . tuy) (Recommendations for 
improving drug co.ntrol/aw and regulations] (Paper presented at the Hoi tbao ve tbuc 
lien dau tranh phong chong ma tuy va van de hoan thien phap luat phong chong ma 
tu}', HaNoi, Vietnam, lool). 

'" X. Y. Nguyen, supra note 8; United States Department of justice, Drug Intelligence 
Brief the Drug Situation in Vietnam, Nov. 1001, available at 
http://www.usdoj.gov/dea/pubs/intel/o>o01/0>001p.html (last visited Nov. 1), 2004). 



source of clandestinely manufactured MDMA, a form of methyl-amphetamine 

commonly known as "ecstasy.""' In the other direction, Vietnam is used by 

drug traffickers as a transit area for opiate shipments to China." In recent 

years, these Chinese border routes have become heavily used due to better 

road links and greater individual freedom to travel in China." 

In addition to international trafficking routes, domestic smuggling routes 

converge on major Vietnamese cities. Among the 64 provinces of Vietnam, 

Hanoi and Ho Chi Minh are the most vulnerable destinations". For example, 

illicit drugs from Ky Son (in Nghe An province) are brought to Hanoi via 

Thanh Hoa and Ninh Binh provinces; or from Lai Chau province via several 

northern mountainous areas. Ho Chi Minh City, the economic centre of 

Vietnam, is a destination for drugs brought from Nghe An province via Ha 

Tinh and Quang Tri provinces. Quang Ninh province, where there is a large 

industrial conurbation based on a coalmining field, is the target point for 

,. K. Do, (Vai net ve tinh runh rna tuy tren the gioi va hop tac quoc te cua viet nam 
trong phong chong rna tuy) [An outline of the world's dwg situation and cooperation of 
Vietnam in drug controij (Paper presented at the Hoi thao ve phong chong rna tuy cua 
Viet Nam va Phap, Hanoi, Vietnam, 1998) . 

.. International Narcotics ContrOl Board, Report of the International Narcotics Control 
Board for 2010, (2010) available at http://www.incb.org/incb/annual_report_20JO.htrnl 
(last visited june 8, 2013). 

" K. Do, supra note 18; H. Tran, (Bo doi bien phong ngan chan "dong chay" rna tuy qua 
bien gioi) (Border Guards combat "drug flows" across national borders] (2004) Ban tin 
phong chong rna tuy, 12, at 19; Q. V. Vu, (Hoan thien he thong phap luat co lien quan 
den cong tac phong, chong toi pharn ve rna tuy) [Recommendations for improving drug 
control law and regulations] (Paper presented at the Hoi thao ve thuc tien dau tranh 
phong chong rna tuy va van de hoan tltien phap Iuat phong chong rna tuy, Ha Noi, 
Vietnam, 2002); International Narcotics Control Board, Report of the International 
Narcotics Control Board for 2010, (2010), available at 
http://www.incb.org/incb/annual_reporr_>Olo.htrnl (last visited june 8, 2013). 

uP. Chalk, suprO note 15, at 89. 

''1'. T. Le, (Tinh hinh, ket qua cong tac phong, chong rna ruy nam 2002 va nhung nruem 
vu trong tam phong. chong rna tuy nam 2003) [Situation and results of drug control in 
2002 and main tasks of drug control in zooJ) (2003) Ban tin phong chong rna tuy, 3. at 
13; P. H. Nguyen, supra note 2 . 

153 



dispersal o f drugs from Hanoi vic. Bac Ninh, Bac Giang and Lang Son 

provinces.14 

Transnational Crime 

In Hanoi, Hochiminh, Lai Chau, Son La, Nghe An, Thanh Hoa, Yen Bai, 

and Bac Thai provinces, groups of professional traffickers who specialise in 

purchasing opium harvests, who are called "barefoots• in slang, bring money 

and goods to deposit with peasants in exchange for promises by the peasants 

to produce opium. When harvesting time comes, the traffickers return and 

selectively employ other local people to purchase opium from the previously· 

contacted peasants. The traffickers normally refuse to buy opium resin from 

unknown people in order to avoid falling into police traps.'5 

Several major drug rings exposed in recent years'6 have demonstrated that 

Vietnamese international trafficking of illicit drugs is now largely in the hands 

of professional criminal organizations.'' A number of overseas Vietnamese use 

their relatives -residing in Vietnam to establish transnational drug trafficking 

routes . .s Conversely, increasing numbers of Vietnamese drug traffickers have 

been arrested in other countries, such as Thailand, Canada, Singapore, and 

"Q. V. Vu, (Hoan thien he thong phap luat co lien quan den cong tac phong, chong toi 
pharn ve rna tuy) (Recommendations for improving drug control law and regulations) 
(Paper presented at the Hoi thao ve thuc tien dau tranh phong chong rna tuy va van de 
hoan thien phap luat phong chong rna tuy, Ha Noi, Vietnam, zooz). 

'' P. H. Nguyen, supra note z; X. Y. NGUYEN, Toi Pharn Hoc Hien Oai va Phong Ngua Toi 
Pham [MODERN CRIMINOLOGY AND CRIME PREVEI'lTION) (zoot).; X. Y. NGUYEN, (2003) supra 
note 8. 

16 V. K. Phan, (Ngan chan va bai tru cac te nan xa hoi nhat Ia te nan ma tuy, mai dam 
nham xay dung loi song van minh, lanh rnanh) (Prevention and suppression of social 
evils, especially drug abuse and prostitution for the purpose of establishing civilized and 
healthy lifestyle] (wo3) Ban tin phong chong rna tuy (Bulletin on Narcotics Suppression 
and Prevention], 3· 

' 7 T. M. N. Nguyen & Q. H. Pham, supra note 8. 

'8 H. V. Vu, (Luc Luong Canh Sat voi Cong Tac Phong, Chong Ma Tuy o Viet Nam) 
[Police Force in the Comlxlt against Narcotic Substances in Vietnam] (Paper presented 
at the Conference on Narcotics Prevention and Suppress-ion between Vietnam and 
France, Hanoi, Vietnam, june 199f!). 

'54 



Australia.' • In addition, in the eight-year period from 1993 to 2000, foreign 

nationals accounted for 5.66% of Vietnamese drug-related criminal convicts 

sentenced to death or life imprisonment.'" Among them, a majority were 

Laotian, followed by Thais, Chinese, and Cambodians. A few others from 

America, Hong Kong, Taiwan, Canada, and Spain also were convicted. The 

National Committee for Prevention and Suppression of AIDS, Drugs and 

Prostitution, summing up in 2006 the five-year period of implementing the 

Vietnamese Law on Narcotics Prevention and Suppression >ooo, reported that 

international criminal organizations have used the "open door• policy to 

develop contacts with domestic criminal organizations to collaborate in illicit 

drug smuggling." 

Ill. CRIM!NALIZATION OF DRUG-RElATED OFFENCES 

The increased availability of illicit drugs has contributed to an alarming 

growth in the domestic consumption rate.:'' adversely affecting Vietnamese 

society, especially its youth. Against this background, the Government of 

Vietnam has committed itself to combat drug trafficking. Since ratifying the 

United Nations Drug Control Conventions in 1997, Vietnam's national legal 

framework for drug concrol, particularly for drug-related crimes, has been 

amended to conform to the DCC standards. The newly applicable offences 

provide effective legal tools to combat illicit drug trafficking. Nonetheless, 

gaps and shortcomings remain, and amendments and improvements are 

needed. 

'9 X. Y. Nguyen, (2004) supra note 8. 

,. !d. 

" Co Quan Thuong True Phong Chong Ma Tuy cua Uy Ban Quoc Gia Phong Chong 
AIDs Phong Chong Ma Tuy va Mai Dam, supra note 7; X. Y. Nguyen, (2004) supra note 
8. 

"T. M. N. Nguyen & Q. H. Pham, supra note 8. 

'55 



A. Vietnamese Criminal Code Provisions on lllegal Drugs 

In the first Criminal Code of Vietnam, enacted in 1985," the offence of 

organizing the illegal use of drugs (Article 203) was the only prescribed offence 

relating to drugs, i.e. no other conduct related to illicit drugs was specified. 

Therefore, prosecutions relating to the unlawful transportation, stockpiling, 

import, export, trade and distribution of controlled drugs could proceed only 

under customs offences that are not specific to drug control, i.e. "stockpiling 

or trading in banned goods" (Article 166) or "smuggling or transporting goods 

and/or currencies across the border• (Article 97).34 

In 1989, the CCV 1985 was amended for the first time, with the insertion of 

a single separate narcotics offence dealing with "Unlawful trading, stockpiling 

or transporting of narcotic substances" (Article 96a), i.e. drug trafficking. Until 

that time, drug trafficking had been prosecuted as a political offence that 

posed a major threat to national security. That approach conflicted with the 

obligation in the Trafficking Convention (Article 3(10)) not to treat drug· 

related crimes as political offences. 

In 1997, the CCV 1985 was amended again to conform to undertakings in 

the OCCs with the insertion of a completely new chapter dealing with drug­

related crimes. A wide range of specified activities relating to drug trafficking 

was criminalized and subjected to severe penalties. In contrast to 1989, when 

only two distinct drug-related offences were prescribed, thirteen separate 

drug-related offences were specified in 1997. In addition, drug-related offences 

were no longer considered as political offences. 

Nevertheless, a number of shortcomings in meeting obligations under the 

three DCCs remained. Some were rectified in 1999, when the second Criminal 

Code of Vietnam (CCV 1999) replaced the CCV •985. For example, under the 

CCV 1985 as amended in 1997. penalties applicable for the stockpiling and 

" Criminal Code of Vietnam •985· 

"' C. L. Uong. Phap luat va chinh sach hinh su trong dau tranh phong chong ma tuy o 
VietNam [Laws and criminal policy in the combat against narcotics in Vietnam] (Paper 
presented at the Hoi thao ve phong chong ma tuy cua Viet Nam va Phap, Hanoi, 
Vietnam, 1998). 



transportation of illicit narcotic substances were less severe than penalties 

imposed upon trade in those substances. Yet, as most cases involved arrests 

made during the course of drug transportation, criminals were able to deny 

charges of drug trading.35 For that reason, the provisions on drug-related 

crimes were revised when the new criminal code was drafted. 

The CCV 1999 remains in force as of the time of writing. Its chapter titled 

"Drug-Related Crimes" deals exclusively with drug-related criminal offences. 

This chapter, nonetheless, does not address the laundering of proceeds 

generated from drug-related crimes. The CCV 1999 creates a single money 

laundering offence that deals with fraudulent proceeds from all crimes. Table 3 

summarizes all drug-related offences (including money laundering) and the 

penalties prescribed for them. It indicates that most drug-related offences are 

punishable by deprivation of liberty. Additional penalties include fines, 

confiscation of assets or prohibition from specified employments. It is 

noteworthy that, in 2009, the CCV 1999 was amended and the offence of 

personal drug use was removed. Thus, drug abusers are now subject only to 

compulsory rehabilitation but not deprivation of liberty and criminal 

responsibility. This amendment was made in consideration of humanitarian 

treatment of drug abusers. 

B. Critical Analysis of Vietnamese Criminal Code Compliance with the 

DCCs 

The DCCs do not themselves define substantive criminal offences but seek 

to impose a degree of uniformity upon national criminalization of illicit drug­

related activities. Offences enumerated under the DCCs are merely varying 

"terms" or "verbs."36 Detailed definition of their elements is left to United 

35 Thi Thoa Le, MBan ve dinh toi danh doi voi mot so toi pham ve rna tuy theo quy dinh 
cua bo luat hinh su nam 1999" (Some discussions on determining types of drug-related 
crimes under the Criminal Code 1999] (2004). 

" Bolster, Neil, Penal Aspects of the UN Drug Conventions, (London: Kluwer Law 
International, 2001); S. D. Chatterjee, Legal Aspects of International Drug Control, 
(lciden: Marti nus Nijhoff PubUshers, t98t). 

157 



Nations DCC Parties to elaborate, as drug-related offences must be defined, 

prosecuted and punished in conformity with the domestic laws of the Parties. 

The 1962 Narcotics Convention prescribes a list of specific offences that 

the contracting Parties are obliged to criminalize within the bounds of their 

constitutional limitations. To avoid any gaps that may exist in the list, this 

Convention additionally provides a sweeping clause requiring Parties 

individuaUy to treat as a criminal offence any other action that may, in their 

opinions, be 'contrary' to the Convention provisions.37 The 1973 Psychotropics 

Convention, unlike the Narcotics Convention, does not enumerate specific 

offences but provides only a general formula requiring each Party to treat 'any 

action' contrary to national laws that were adopted pursuant to Convention 

obligations as a criminal offence.:J8 Thus, it leaves the Parties with wide 

discretion to define drug-related offences. Compared to the specific list of 

offences under the earlier Narcotics Convention, this general formula 

produced •little international standardization• in the criminalization of drug­

related offences.» Therefore, the 1988 Trafficlting Convention, the most recent 

of the DCCs, returns to an enumerated list of offences that the Parties are 

required to crimi.nalize. In an innovative step, this Convention criminalizes 

diverse new forms of drug-related conduct to tackle illicit trafficlting from 

different angles, especially drug-related money laundering. In addition, it 

establishes a number of mandatory offences that the Parti·es must criminalize 

irrespective of national constitutional limitations. As the offences listed under 

this Convention seem to cover all forms of drug-related offences, a 

supplementary catch-all clause requiring the Parties to criminalize any 

unlawful drug-related action was not included. 

Vietnamese drug-related offences criminalized under the current CCV 

1999 correspond well to the penal provisions of the DCCs. Table 4 sets out the 

11 United Nations Single Convention on Narcotic Drugs 520 UN1'S 151 (opened for 
signature Mar. 30, 1961, entered into force 13 Dec. 1964) Art 36(1)(ao). 

,. United Nations Convention on Psychotropic Substances 1019 UNTS 175 (opened for 
signature Feb. 21, •9']1, entered into force Aug. 16, •976) Article »(l)(a)). 

"N. Boister, supra note 36. 



responses in Vietnamese criminal law to the DCC supply-related, 

consumption-related, inchoate and accessory offences. As can be seen from 

this Table, the CCV 1999 repeatedly combines several forms of conduct 

required under the DCCs to be described as criminal conduct to create a 

combined single Vietnamese offence. An example is the Vietnamese offence of 

"unlawful manufacture of narcotic substances." which covers a wide range of 

DCC-prescribed conduct, including production, manufacture, extraction and 

preparation of narcotic drugs and psychotropic substances. Another example 

is the Vietnamese combined offence of "unlawful stockpiling, transporting, 

trading or appropriating of narcotic substances," which covers the DCC-l.isted 

conduct of offering, offering for sale, distribution, purchase, sale, delivery by 

any means whatsoever, brokerage, dispatch, dispatch in transit, transport, 

importation and exportation of narcotic drugs and psychotropic substances. In 

this manner, the CCV 1999 adopts a uniform and simple approach to 

criminalization. 

The only gap in Vietnamese criminalization, compared to the benchmark 

of DCC-prescribed offences, is the omission of unlawful manufacturing of 

precursors (set out in the Trafficking Convention, Article 3). Thus, to bring the 

Vietnamese criminalization of drug-related offences completely in line with 

the DCCs, the CCV 1999 needs to be amended by the insertion of a new 

offence of "Unlawful manufacturing of precursors to be used for the illicit 

manufacture of narcotic su bstance• or the by revision of the current offence of 

"Unlawful stockpiling, transporting, trading or appropriating of precursors to 

be used for the illicit manufacture of narcotic substances• to include 

manufacturing of precursors also. 

The Trafficking Convention requires criminalization of only a few 

activities in relation to personal consumption, namely drug cultivation, 

possession and purchase. 40 Some of the Vietnamese offences go beyond the 

convention requirements when criminalizing consumption but they concern 

40 United Nations Convention against illicit traffic in narcotic drugs and psychotropic 
substances •581 UNTS 95 (opened for signature Dec. 20, 1988, entered into force Nov. 
11, 1990), Art J(l). 

'59 



inducing consumption by others rather than personal drug use by the accused . 

The consumption-related crimes set out in the CCV 1999 are: (i) organising the 

illegal use by others of narcotic substances, (i) hosting the illegal use of 

narcotic substances, and (iii) forcing or inducing another to illegally use 

narcotic substances. Thus, Vietnamese law goes beyond DCC compliance by 

criminalizing a considerably wider r<mge of consumption-related offences than 

the DCCs require. As such, it could provide a "beyond compliance• reference 

model for the official UN Commentary on DCC implementation 

considerations." 

In general, the offences set out in CCV 1999 provide a remarkably strong 

legal basis for Vietnam to meet its criminalization obligations under the DCCs, 

falling short only in relation the omission of unlawful manufacturing of 

precursors. 

C. Challenges for judicial Enforcement 

The new drug-related offences suffer from certain ambiguities that hinder 

their prosecution and enforcement in practice. These pose challenges 

particularly for judicial efforts to interpret and apply them consistently. It 

should be noted that judicial precedents are not a feature of the legal system. 

Vietnamese legislation, as a whole, is characterised by the main features of 

European civil law. Nevertheless, the People's Supreme Court sitting in 

Council can issue resolutions tha: have binding effect for lower courts. 

Therefore, the People's Supreme Court sitting in Council has extensive powers 

to issue address the challenges for judicial enforcement set out below. 

First, the offence of "organizing the illegal use of narcotic substances• 

criminalizes instructing, managing or ;~~dmin~trating another person's illegal 

drug use, including intentionally providing premises for illegal drug use, but it 

lacks a precise description of the various active and mental elements of the 

41 United Nations, Commentary on the United Nations Convention against Illicit Traffic 
in Narcotic Drugs and Psychotropic Substances 1988: Done at Vienna on Dec. 20. 1988 
(New York: United Nations, 1998). 

160 



crime.<> Due to the consequent ambiguity, an arguable defence to the crime of 

"organizing" by a seller who also provides premises is that he or she did not 

actively and intentionally suggest and provide a place for the subsequent use 

of the narcotic substances. That is, a passive response to a customer's demand 

to use drugs at the place of sale remains only the crime of selling narcotic 

substances, rather than of also organising their illegal use•> Nevertheless, in 

practice, a seller who also passively permits drug abusers to use drugs at his or 

her premises is typically found guilty of the crime of •organizing the illegal use 

of narcotic substances."44 To ensure that this is always the case, a People's 

Supreme Court Council resolution could be adopted to this effect. 

Second, the CCV 1999 does not criminalize the production of counterfeit 

narcotic substances for the purpose of committing a fraud. This omission leads 

to doubts whether such counterfeit is a crime of fraud or of unlawful drug 

production. To create a consistent interpretation of the law in this case, 

further explanation and guidance by the People's Supreme Court is necessary. 

Third, for several drug-related offences. i.e. "Unlawful manufacture of 

narcotic substances,"45 •unlawful stockpiling, transporting, trading or 

appropriating narcotic substances:•• and "Unlawful stockpiling. transporting, 

trading or appropriating precursors used in the illicit manufacture of narcotic 

""M.D. Nguyen, (Mot So Kien Nghi khi Huong Dan Ap Dung Mot So Dieu cua Bo Luat 
Hinh Su doi voi cac Toi Pham ve Ma Tuy) (Some Recommendations for Guiding the 
Application of Provisions of Severo/ Articles on Drug-Related Crimes under the Criminal 
Code 1999] Toa An Nhan Dan, 5 (zooo). 

•> D. D. Van, (Can giai quyet kip thoi mot so vuong mac khi ap dung phap luat trong 
viec giai quyet cac vu an ma tuy) (it is necessary to solve timely entanglements in the 
application of laws and regulations concerning drug-related crimes] Tap chi kiem sat, 4 
(•998) . 

.. D. D. Le, (Ve Hanh Vi Pham Toi To Chuc Su Dung Trai Phep Chat Ma Tuy) 
(Organizing the 1//ega/ Use of Narcotic Substances] Luat Hoc, >, at 3 (1999); T. M. 
Nguyen, (Toi Su Dung Trai Phep Chat Ma Tuy trong Bo Luat Hinh Su Viet Nam nam 
1999) (The Crime of Illegal Use of Narcotic Substances under the Criminal Code of 
Vietnam 1999! Ban Tin Phong Chong Ma Tuy, 5 (zoo6). 

•> CrimJnal Code of Vietnam 1999, art. 193 

... Id, art. •94-
161 



substances.""' the quantities of drugs involved are described in the CCV 1999 

as an objective factor in sentencing. However, the legislation merely lays down 

a single scale of penalties from zo years imprisonment up to the death 

sentence (see Table 3). It omits to specify the actual amounts of drugs 

corresponding to the twenty-year imprisonment, Ufe imprisonment or death 

sentences . .a Additionally, the CCV 1999 requires that, for the purpose of 

formulating a penalty in a case where a variety of different narcotic drugs have 

been trafficked, the quantities of different drugs shall be recalculated as if of 

one selected type. However, the law did not provide conversion rates between 

drug types, resulting in discrepancies in conversion approaches between 

different local courts.<!> The Council of the People's Supreme Court has issued 

a resolution to cover these omissions, providing guidance on proportional 

penalties for local courts, as summarised in Table s, and has determined that 

rates for conversion should be based on the respective minimum penalties laid 

down under for each narcotk drug in the CCV 1999· 

Finally, as can be seen from Table s. proportional relationships between 

penalties and drug quantities have been established only for offences 

concerning those narcotic substances most commonly trafficked in Vietnam, 

such as heroin, cocaine and opium. However, uncertainty remains as to rates 

of conversion for other substances also defined as narcotics in Vietnamese law, 

su~h as psy~hotro·pi~ drugs (llui, ;~oo4). further, the proponional relationships 

between penalties and quantities cover only precursors in solid form, 

neglecting precursors in liquid form. A government circular issued in 2007 on 

the prosecution of drug-related crimes unfortunately does not provide legal 

guidance on these rates of conversion (Ministry of Public Security eta!, 2007). 

"' ld, art. 195· 

" V. L Tran, {Ve Dinb Luong cac Chat Ma Tuy trong Luat Sua Doi, Bo Sung Mot So 
Dieu cua Bo Luat Hinh Su) [The Issue of Determining Quantity of Narcotic Substances 
Involved in Drug-Related Crimes under the A mended Criminal Code] Toa An Nhan Dan, 
u, at 15 (1998). 

49 0. T. Tran, (Ban ve tinh tiet "co tu hai chat ma tuy tro len·) [Discussion on cases that 
"more than one type of narcotic substances are involved in drug-related offences'1 Nha 
nuoc va pbap luat, u at 54 (2003); V. L. Tran, supra note 47. at 15. 

16> 



To ensure fair and consistent sentencing. further guidelines on proportional 

relationships between penalties and drug quantities for these narcotic 

substances are needed. 

IV. CONCLUSION 

The integration of Vietnam into the global economy and telated 

improvements in regional communications and transportation over the past 

two decades have coincided with a sharp increase in drug abuse and 

trafficking in Vietnam. To combat illicit drug trafficking, Vietnam ratified the 

UN Drug Control Conventions in 1997 and, to comply with the conventional 

criminalization obligations, amended its criminal code to specify a wider range 

of illicit drug-related offences. These comply for the most part with the 

conventional obligations and, with regard to offences concerning personal 

drug abuse, go beyond them. Nevertheless, further minor refinements are 

necessary, as the unlawful manufacture of precursors remains to be 

criminalized. To remove ambiguities that hinder implementation, clarification 

is also necessary concerning the offences of producing counterfeit narcotics 

and of organising the illegal use of narcotics, and further elaboration is 

necessary concerning the proportional relations between penalties and the 

quantities of narcotic drugs trafficked. In conclusion, it is apparent that 

Vietnam's simple post-reunification Jaws concerning drug crimes have been 

transformed into a modern legal framework that criminalizes a wide range of 

aspects of drug trafficking. This development has occurred with dramatic 

rapidity in the past decade and is maturing through continuing refinements. 



Figure 1 Opium and cannabis cultivation and main cross-border 
trafficking routes 

"'""="" 

_.. T ra.1ict.in~ of He~roin <and Opium 

--• Tt:iotl'it*inQOI ATS 
~ Po!w~lat Cannabil Cu!liv.lllioo 

- · + T raffid;ing: ol Cannabis 
-......... Tro.ffding ot P9";dd0tropk 

~ Oph.m Poppy CUltiv:~lion. 31\d Opitn Produtti.on 

--~ Ttaf5cling o! PfCCilf'sOtS 

Source: United Nations Offices on Drugs and Crime. (2003). Vietnam: 
Country profile, 2003. Retrieved 18 December, 2004, from 



Table 1 Comparison of Drug-Related Cases before and after the 1986 •open 
door• (• Doi Moi"} policy 

Before 1986 Ten years later 

Cases per Cases per % Increase 

Years annum Years annum 

1981 201 1QQ1 190 Qo;% 

1982 215 1992 256 119% 

1983 265 1993 904 )41% 

1984 125 1994 2778 2222% 

1985 127 1995 :s84 2035% 

1986 ll• 1QQ6 18n 46~o% 

Table 2 Drug-Related Cases and Criminals in the last five years, zooS· 2012 

Years Cases Arrests 

Number % Increase Number % Increase since 
since zooS zooS 

2008 10 171 100 .00 1)324 100.00 

2009 10751 105.70 13957 104·75 

2010 11198 104.16 14120 101.17 

l OU 12556 112.13 15515 109.88 

2012 15016 119·59 18729 120.27 



Table 3 Drug-related crimes and punishments under the 1999 Criminal Code 
(Amended in 1009) 

Crimes 

1. Cultivating 
opium 
poppy or 
other 
kinds of 
plant 
bearing 
narcotic 
substances 
(Article 
192) 

~. Unlawful 
manufuctu 
ring of 
narcotic 
substances 
(Article 
193) 

Principal Penalties (gaol) 
Additional 

1----r----r----r------1 Penalties 

First 
pon.U 
.cale 
(basic) 

6 
month 
s - 3 
years 

2 ycar3 
7 

yrorc 

Second 
pon<ll 
sc.tl~ 
(serious) 

Third 
penal 
sc.Uc 
(very 
Y.r·ii"u•s) 

Founh 
penal 
:;c;Uc 

(panicula 
r ly 
serious) 

(fine, 
eonfiscation 
a'1d wnrl<ing 
prohibition) 

3years - Nil 
7 years 

Nil Nil 

; ycaro 
1'; yean:: 

1) years 2 0 years, 
ao life 

i) Fine: 5 mi l 
VND - snn 

yeors llllprison mil VN[) 

166 

ment 
death 

or ii) 

Conflscation 
of part or 

sentence 

whole of 
properties 

iii) 
Prohibition 
on holding 
certain posu 
or practkin11 
rrrtfllin 

occupations 
or doing 
f"'Prt::.in juhs 
for a perhxl 
from 1 to 5 
year:; 



3· Unlawful 
stockpiling 

transportin 
g. trading 
or 
appropriati 
ng of 
narcotic 
substances 
(Anicle 
194) 

4.UnJawlul 
stockpiling, 
transporting, 
trading or 
appropr!Min 
g of 
precursors 
uacd for 
illicit 
manufacture 
of narcotic 
substances 
(Article 195) 

5· Unlawful 
manufacturi 

1 years 
- 7 
years 

7 years - 15 years 10 years, 
15 years 10 life 

years imprison 

i) Fine: 5 mil 
VND - 500 
milVND 

ment 
death 

or ii) 

1 years 6 years - 13 years 
- 6 13 years - 10 

years 

1 years 
~ 

years 

5 years - Nil 
10 vears 

sentence 

10 years 
or life 
imprison 
ment 

Nil 

Confiscation 
of part or 
whole of 
properties 

iii) 
Prohibition 
on holding 
certain posts 
or practicing 
certain 
occupations 
or doing 
certain jobs 
for a period 
from 1 to 5 
years 

i) Fine: 5 mil 
VND - 50 mil 
VND 

ii) 
ConfiScatiun 
of part or 
whole of 
properties 

iii) 
Prohibition 
on holdiog 
certain posts 
or practicing 
certain 
occupations 
or doing 
certain jobs 
for a period 
from 1 to 5 
years 

i) Fine: 5 mil 
VND - ~o mil 



ng years 
stockpiling. 
transporting. 
trading or 
appropriatin 
g of 
equipmtnt 
or tools used 
for the illicit 
manufacture 
of narcotic 
substances 
or illtgal 
used of 
narcotic 
substances 
(Article 196) 

6. Or~anising 2 years 
ille~al use of - 7 
narcotic years 
£ub:;tancctt 

(Article 197) 

7 years - 15 years 20 years, 
15 years 20 lite 

years imprison 
ltlt:lll 

(death 
sentence 
was 
removed 
in 2009) 

7· Harbouring 2 years 7 years - Nil Nil 
illegal use of - 7 15 years 
narcotic years 
substances 
(Article 198) 

8.lllegal use of This offence was removed in 2009 

168 

VND 

ii) 
Confiscation 
of part or 
whole of 
properties 

ill) 
Prohibition 
on holding 
certain posts 
or practicing 
certain 
occupations 
or doing 
certain jobs 
for a period 
from 1 to 5 
years 

i) Fine: so mil 
vNu • soo 
milVND 

ii) 
Confiscation 
of part or 
whole of 
properties 

iii) Probation 
or residence 
prohibition 
for a period 
from 1 to 5 
years 

i) fine: so mil 
VND • 200 

miiVND 

ii) 
Confiscation 
of part or 
whole of 
properties 



JldJ'CUlk 

substances 
(Arbclc 1QQ) 

9.Forcing or 2 years 7 years- 20 years Nil Fine: 5 mil 
inducing - 7 15 years or life VND . 100 
others into years impriso mil VND 
illegal use of nment 
narcotic 
substances 
(Anicle 200) 

10. Breachtng hne: 5 years - u yc~rs 20 years i) rine: 5 mil 
of the 

5 mil • 
12 years - 20 or life VND ·50 mil 

re.gulations 
100 mil 

ye01rs imprison VND 
on 

VNLI 
ment ii) 

mana11em~ 
Proh;b•t1on 

nt <1nd use or 1 
h olding 

of addictive 
on 

year - ccrtatn posu drugs or 5 year~ 
utl•cr 

nr pracricinA 

narcotic 
c£rta..i\ 

substances 
0\:t.:Uy•Liull~ 

(A•·Iid~ 
1\r dotn!( 

201) c:c,rt(IJn )t>b• 
. for a period 

from I tf.l 5 
years 

u. Legalising 1 year- 3 years - 8 years- Nil i) Fine: up to 
money or 5 years 10 years 15 years 3-times of 
property money or 
generated properties 
from a involved 
crime 

ii) 
(Article 

Confiscation 
251) of properties 

iii) 
Prohibition 
on holding 
certain posts 
or practicing 
certain 
occupations 
or doing 
certain jobs 
for a period 



* mil: million, VND: Vietnam Dong (Vietnamese currency). Source: The 1999 

Criminal Code. 

Table 4 Summary of Drug-Related Offences under the UN Drug Control 
Conventions and Responses by the Criminal Code of Vietnam 1999 

t!)6t 

Narcotics 
Convention 

1971 Psycho­
tropics 
Convention 

1988 
Trafficking 
Convention 

Criminal Vietnamese 
Code of Compliance 
Vietnam 
JOQQ 

Supply-Related Offences 

Cultivation of No specific Cultivation of Cultivating Satisfactory 
opium offence is opium opium 
poppy, provided poppy, poppy or 
cannabis cannabis other kinds 
plant and plant and of plant 
coca bush coca bush for bearing 
(Article the purpose narcotic 
36(1)(a)) of production substances• 

of narcotic (Article 192) 
drugs (Article 
3(1)(a)(ii)) 

Production, 
manufacture, 
extraction, 
preparation, 
possession, 
offering, 
offering for 
sale, 
distribution, 
purchase, 
sale, delivery 
on any terms 
whatsoever, 
brokerage, 
dispatch, 
dispatch in 
transit, 
transport, 
importation 

Production, 
manufacture, 
ext:action 
and 
preparation, 
offering, 
offering for 
sale, 
distribution, 
pU1chase, 
sale, tlt:liv~IJ 

on any terms 
whatsoever, 
brokerage, 
dispatch, 
dispatch in 
transit, 
transport, 
importation 

- Unlawful Satisfactory 
manufactur 
ing of 
narcotic 
substances 
(Article 193) 

- Unlawful 
stockpiling, 
transportin 
g, trading 
or 
appropriati 
ng of 
narcotic 
substances 
(Article 194) 

(The CCV 
additionally 
criminalizes 
the 
appropriating 
of narcotic 
substances) 



and 
exportation 
of narcotic 
drugs (Article 
36(•)(a)) 

and 
6portation 
of narcotic 
drugs or 
psychotropic 
substances 
(Article 
3(•)(a)(l)) 

Possession or Unlawful Satisfactory 
purchase of stockpiling, 
narcotic transportin 
drugs or g. trading 
psyc.hotropic or 
substances appropriati 
for the ng of 
purpose 
trafficking 
((Article 
3(1)(a)(iii)) 

of narcotic 
substances 
(Article 194) 

Manufacture Not Gap 
of precursors proscribed 
and essential 
chemicals, 
knowing that 
they are to be 
used in or for 
the illicit 
cultivation, 
production 
or 
manufacture 
of controlled 
substances 
(Article 
3(1)(a)(iv)) 

Transport, Unlawful 
distribution stockpiling. 
or possession transportin 
of precursors g. trading 
and essential or 
chemicals, 
knowing that 
they are t.o be 
used in or for 

appropriati 
ng of 
precursors• 
used for the 

Satisfactory 

(The CCV 
additionally 
criminalizes 
the 
appropriating 
of 
precursors) 



the illicit illicit 
cultivation, 
production 
Qr 

manufactur 
e of 
narcoti~ 

manufacture substances 
of controlled (Article 195) 
substances 
(Article 
J (t)(a)(iv) 
and Anicle 
J (C)(ii)) 

Manufacture, 
transport, 
distribution 
or possession 
of 
equipment, 
materials, 
knowing that 
they are to be 
used in or for 
the illicit 
cultivation, 
production 
or 
manufacture 
of controlled 
substances 
(Anicle 
3(t)(a)(iv) 
and Article 
3(c)(ii)) 

Organisation, 
management 
or financing 
of any 
supply­
related 
offence 
(Article 
3(a)(v)) 

17l 

Unlawful 
manufactur 
ing, 
stockpiling, 
transportin 
g, trading 
or 
appropriat i 
ng of 
equipments 
or tools to 
be used for 
the illicit 
manufactur 
e of 
narcotic 
substances 
or illegal 
use of 
narcotic 
substances 
(Article 
•¢) 

Accessory 
offences 
(Article 20) 

Satisfactory 

(the CCV 
additionally 
criminalizes 
the 
appropriating 
of equipment 
or tools) 

Satisfactory 



Money-
laundering 
offences 
(Article 3(b)) 

Acquisition, 
possession or 
use of 
property, 
knowing, at 
the time or 
receipt, that 
such property 
was derived 
from an 
supply· 
related 
offence or 
from an act 
of 
participation 
in such an 
offence 
(Article 
l(C)(i)) 

Consumption-Related Offences 

Not expressly Not expressly 
required required 

Possession, 
purchase or 
cultivation of 
narcotjc 
drugs or 
psychotropic 
substances 
for personal 
consumption 
(Article 3(2)) 

Legalising 
money or 
property 
generated 
from a 
crime 
(Article 251) 

Harbouring 
or 
consuming 
of illicit 
property 
that others 
obtained 
from the 
commissjon 
of a crime 
(Article 
250) 

Cultivating 
opium 
poppy or 
other kinds 
of plant 
bearing 
narcotic 
substances 
(Article 
192) ; 

• Unlawful 
stockpiling, 
transportin 
g, tradin~~; 

Satisfactory 

Satisfactory 

Satisfactory 



or 
appropriati 
ng of 
narcotic 
substances 
(Article 
194); 

Illegal Extra use (Nut ~uir~ of narcotic 
substances by the 

(Article 
Conventions) 

199) 

(In 1009, 
this offence 
was 
abolished) 

Organising 
Extra 
(Not required 

the illegal by the 
use of 
narcotic 

Conventions) 

substances 
(Article 197) 

Hosting the Extra 
(Not required 

illegal use 
by the 

of narcotic 
substances 

Conventions) 

(Article 197) 

Forcing or Extra 
inducing (Not required 
another to by the 
illegaUy use Conventions) 
narcotic 
substances 
(Article 
100) 

Inchoate and Accessory Offences 

International International Participation - Accessory Satisfactory 
participation participation in, offences 
in, conspiracy in, association or (Article 10) 

to commit consoiracv to consoiracv to 

174 



and att empts commit and 
to commit, attempts to 
any drug- commit, any 
related drug-related 
offences, and offences, and 
preparatory preparatory 
acts and acts and 
financial financial 
operations in operations in 
connexion connexion 
with drug· with drug· 
related related 
offences offences 
(Article (Article 
36(~)(a)(ii)) ~~c~J(aJ(iiJJ 

commit, 
attempt to - Attempt 
commit and (Article 18) 
aiding. 
abetting, - Preparing 
facilitating the 
and commission 
counseling of a crime 
the (Article 17) 
commission 
of any drug· 
related 
offence 
(Article 
J(t){c)(iv)) 

Publicly 
inciting 
inducing 
others, 

Accessory 
or offences 

(Article 20) 

by 
any means, to 
commit any 
drug-related 
offence or to 
use narcotic 
drugs or 
psychotropic 
substances 
illicitly 
(Article 
J(t)(c)(iii}} 

•75 

Some 
differences in 
the ambit of 
the 
Convention 
and the 
Vietnamese 
offences. 



Table 5 Penalties applicable to drug-related offences in relation to the 
quantities of drugs 

Narcotic 2oyears ute IJeath sentence 

substances imprisonment 

Opium resin, skg-<tokg IOkg -<lOkg 2: 20 kg 

cannabis resin, 

cocaine glue 

Heroine or 100 mg - < 300 300 mg • < 6oo 2: 6oo mg 

cocaine mg kg 

Cannabis leaf, 75 kg .. < 200 200 kg - <600 2: 6oo kg 

flowers and seeds kg kg 

Opium poppy 6oo kg • < 1500 1500 kg - < 4500 2: 4500 kg 

dried seeds kg kg 2: 1200 kg 

Opium poppy 150 kg- < 400 400 kg • < 1200 

fresh seeds kg kg 

Other narcotic 300 gm . < 900 900 gm • < 2500 2:2500 gm 

substances in gm gm 
il: 5000 mJ 

solid form 750 ml - < 2000 ::woo ml - < 5000 

Other narcotic ml ml 

substances in 

liquid form 

t?6 



I Precursors 12: uoo gm I Not imposed 

~: Resolution oJ./2001/NQ-HDTP of the Council of the People's Supreme 

Court on guiding the application of articles 139, 193, 194, 278, 279 and 289 of 

the 1999 Criminal Code. 



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