Joint Circular No. 08/2015/TTLT-BCA-VKSNDTC-TANDTC-BTP amending and supplementing certain points of Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP dated December 24, 2007 of the Ministry of Public Security, Supreme People's Procuracy, Supreme People's Court, and Ministry of Justice guiding the application of some provisions in Chapter XVIII "Drug-related Offenses" of the Penal Code of 1999.

JOINT CIRCULAR
Amending and supplementing certain points of Joint Circular No. 17/2007/TTLT-BCA-VKSNDTC-TANDTC-BTP
VKSNDTC-TANDTC-BTP dated December 24, 2007 of the Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court, and the Ministry of Justice
guiding the application of certain provisions in Chapter XVIII "Drug-related Offenses"
of the Penal Code of 1999
of the Criminal Code of 1999

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Pursuant to the Penal Code of 1999 (amended in 2009);

Pursuant to Resolution No. 96/2015/QH13 dated June 26, 2015 of the XIIIth National Assembly on strengthening measures to prevent wrongful convictions and ensure compensation for victims in criminal proceedings;

The Minister of Public Security, the Procurator General of the Supreme People's Procuratorate, the Chief Justice of the Supreme People's Court, and the Minister of Justice hereby issue this Joint Circular amending and supplementing certain points of Joint Circular No. 17/2007/TTLT issued on December 24, 2007 by the Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court, and the Ministry of Justice guiding the application of certain provisions in Chapter XVIII "Drug-related Offenses" of the Penal Code of 1999.

Article 1. Amending and supplementing certain points of Joint Circular No. 17/2007/TTLT

1. Amending and supplementing point a paragraph 1.1 section 1 Part I as follows:

"a) For solid drug substances that have been dissolved into a solution or liquid drug substances that have been diluted, the entire solution or diluted solution shall not be considered as liquid drug substances. Instead, the concentration of the drug substance in the solution must be determined to calculate its weight.

Example: Opium or heroin dissolved into a solution shall not be considered as liquid drug substances. The concentration of morphine and other components of opium in the solution must be determined to calculate the weight of opium, or the concentration of morphine and other components of heroin must be determined to calculate the weight of heroin."

2. Amending and supplementing paragraph 1.4 section 1 Part I as follows:

"1.4. In all cases, when suspected drug substances or precursors for illegal drug production are seized, they must be sent for forensic examination to determine their type and weight. Forensic examination to determine the concentration is mandatory in the following cases:

a) Solid drug substances or precursors for illegal drug production that have been dissolved into a solution;

b) Liquid drug substances or precursors for illegal drug production that have been diluted;

c) Opium smoking;

d) Narcotic drugs, psychotropic drugs.

Outside the cases specified in paragraphs a, b, c, and d of this section, if there is evidence and it is deemed necessary, the court may directly request forensic examination to ensure the lawful trial process.

If the substance examined is not a drug substance or a precursor for illegal drug production, but the person committing the criminal act is aware that the substance is a drug or a precursor for illegal drug production, then depending on the specific criminal act, that person will be held criminally responsible according to the corresponding offense under Article 1 of the relevant laws concerning drug offenses.

In the case where a person knows that the drug is fake but makes others believe it is real and sells, exchanges... then that person will not be held criminally responsible for drug offenses but will be held criminally responsible for fraud under Article 139 of the Penal Code, if other elements of the crime are also satisfied.

In the case where drug substances or precursors are not seized but there is evidence to determine the weight of the drug substances or precursors that the offender has bought, transported, stored, or appropriated, the offender will be held criminally responsible according to the corresponding offenses and articles."

Article 2. Transitional provisions

1. For persons who commit criminal acts before this Joint Circular takes effect, if the guidelines in this Joint Circular reduce criminal liability compared to those in Joint Circular No. 17/2007/TTLT, they shall be applied during investigation, prosecution, first-instance trial, second-instance trial, supervisory trial, or retrial.

2. For cases where offenders have been sentenced correctly according to Joint Circular No. 17/2007/TTLT and the judgment has taken legal effect, this Joint Circular's guidelines shall not be applied to file supervisory or retrial protests.

Article 3. Effectiveness

This Joint Circular takes effect from December 30, 2015. Abolishing the guidelines at point d paragraph 3.7 section 3 Part II; point b paragraph 7.3 section 7 Part II; section 8 Part II of Joint Circular No. 17/2007/TTLT.

Article 4. Responsibilities for Implementation

1. Relevant agencies and units are responsible for implementing and organizing the implementation of the guidelines in this Joint Circular.

2. During the implementation of this Joint Circular, if there are difficulties or obstacles, relevant agencies and units should report them to the Ministry of Public Security, the Supreme People's Procuratorate, the Supreme People's Court, and the Ministry of Justice for timely guidance.