Decree No. 19/2018/NĐ-CP on the calculation of the total quantity or volume of narcotic substances under certain provisions of the 2015 Criminal Code

DECREE

Regulations on calculating the total quantity or volume of narcotic substances
at certain provisions of the Penal Code 2015

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Penal Code dated November 27 2015 and the Law amending and supplementing certain articles of the Penal Code dated June 20 b2015 6 2017;

Pursuant to Resolution No. 41/2017/QH14 dated June 20, 2017 of the National Assembly on the implementation of the Penal Code No. 100/2015/QH13 which has been amended and supplemented by Law No. 12/2017/QH14 and the effectiveness of the Criminal Procedure Code No.No. 101/2015/QH13, the Law on the organization of criminal investigation agencies No.No. 99/2015/QH131and the Law on temporary detention and arrest No. 94/2015/QH1313;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree on regulations for calculating the total quantity or volume of narcotic substances at certain provisions of the Penal Code 2015.development This Decree regulates the calculation of the total quantity or volume of narcotic substances at Point k Clause 2, Point e Clause 3, Point đ Clause 4 Article 248; Point i Clause 1, Point n Clause 2, Point h Clause 3, Point h Clause 4 Article 249; Point i Clause 1, Point o Clause 2, Point h Clause 3, Point h Clause 4 Article 250; Point p Clause 2, Point h Clause 3, Point h Clause 4 Article 251 and Point i Clause 1, Point n Clause 2, Point h Clause 3, Point h Clause 4 Article 252 of the Penal Code No. 100/2015/QH13 dated November 27, 2015 which has been amended and supplemented by Law No. 12/2017/QH14 dated June 20, 2017 (hereinafter referred to as the Penal Code 2015).

PART I

GENERAL PROVISIONS

This Decree applies to agencies, persons with authority to conduct prosecution proceedings and agencies, organizations, and individuals related to the calculation of the total quantity or volume of narcotic substances.

Article 2. Applicability

Article 3. Principles for calculating the total quantity or volume of narcotic substances

1. Calculating the total quantity or volume of narcotic substances must ensure objectivity and scientificity and be carried out according to the methods and procedures prescribed in this Decree.

2. The quantity or volume of narcotic substances as prescribed in this Decree is the quantity or volume of narcotic substances seized or proven during the investigation, prosecution, and trial process. The determination of the quantity of opium in opium smoking pipes, diluted opium, or mixed opium is calculated based on opium containing 10% morphine as the basis for conversion.

3. If the percentage of the quantity or volume of each narcotic substance as prescribed in this Decree is a decimal number, it shall include one digit after the decimal point and shall not be rounded.

Article 4. Calculation of the total quantity or volume of narcotic substances when such substances are specified in the same point under the clauses of one of Articles 248, 249, 250, 251, or 252 of the Penal Code 2015

Chapter II

 SPECIFIC PROVISIONS

In cases where such narcotics are all specified in the same point of Clause 2, 3, 4 of Article 248; or in the same point of Clause 1, 2, 3, 4 of Article 249; or in the same point of Clause 1, 2, 3, 4 of Article 250; or in the same point of Clause 2, 3, 4 of Article 251; or in the same point of Clause 1, 2, 3, 4 of Article 252 of the 2015 Criminal Code, the quantities or volumes of the narcotics shall be added together and compared with the provisions on the quantities or volumes of that group of narcotics in the clauses of the applicable article to determine the total quantity or volume of the narcotics falling under which clause of the applicable article.

Article 5. Calculation of the total volume or quantity of narcotic substances in cases where the narcotic substances are not specified in the same point under any clause of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code.

1. In cases where all narcotic substances have volumes or quantities below the minimum threshold for each substance as stipulated in Clause 1 of Article 249 or Clause 1 of Article 250 or Clause 1 of Article 252 of the 2015 Criminal Code, the total volume or quantity of narcotic substances shall be determined in accordance with the following procedure:

a) Calculate the percentage of the volume or quantity of each narcotic substance relative to the minimum threshold for each substance as stipulated in Clause 1 of any of Articles 249, 250, or 252 of the 2015 Criminal Code. Then, sum up the percentages of the volume or quantity of each narcotic substance to determine the total percentage of the volume or quantity of the narcotic substances.

b) Based on the total percentage of the volume or quantity of the narcotic substances determined at point a of this clause, determine the total volume or quantity of the narcotic substances that fall under which clause of any of Articles 249, 250, or 252 of the 2015 Criminal Code according to the principle:

If the total percentage of the volume or quantity of the narcotic substances is less than 100%, then the total volume or quantity of the narcotic substances falls under the case below the minimum threshold as stipulated in Clause 1 of Article 249; or Clause 1 of Article 250; or Clause 1 of Article 252 of the 2015 Criminal Code.

If the total percentage of the volume or quantity of the narcotic substances is 100% or more, it is necessary to continue calculating the total percentage of the volume or quantity of the narcotic substances relative to the minimum threshold for each substance as stipulated in Clause 2 of any of Articles 249, 250, or 252 of the 2015 Criminal Code according to the procedures set out in points a and b of Clause 2 of this Article.

2. In cases where all narcotic substances have volumes or quantities below the minimum threshold for each substance as stipulated in Clause 2 of any of Articles 249, 250, or 252 of the 2015 Criminal Code, including at least one narcotic substance having a volume or quantity falling under the case stipulated in Clause 1 of any of these provisions; or in cases where all narcotic substances have volumes or quantities below the minimum threshold for each substance as stipulated in Clause 2 of Article 248 or Clause 2 of Article 251 of the 2015 Criminal Code, the total volume or quantity of narcotic substances shall be determined in accordance with the following procedure:

a) Calculate the percentage of the volume or quantity of each narcotic substance relative to the minimum threshold for each substance as stipulated in Clause 2 of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code. Then, sum up the percentages of the volume or quantity of each narcotic substance to determine the total percentage of the volume or quantity of the narcotic substances.

b) Based on the total percentage of the volume or quantity of the narcotic substances determined at point a of this clause, determine the total volume or quantity of the narcotic substances that fall under which clause of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code according to the principle:

If the total percentage of the volume or quantity of the narcotic substances is less than 100%, then the total volume or quantity of the narcotic substances falls under the case stipulated in Clause 1 of Article 248 or under the case stipulated at point i of Clause 1 of Article 249 or under the case stipulated at point i of Clause 1 of Article 250 or under the case stipulated in Clause 1 of Article 251 or under the case stipulated at point i of Clause 1 of Article 252 of the 2015 Criminal Code.

If the total percentage of the volume or quantity of the narcotic substances is 100% or more, it is necessary to continue calculating the total percentage of the volume or quantity of the narcotic substances relative to the minimum threshold for each substance as stipulated in Clause 3 of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code according to the procedures set out in points a and b of Clause 3 of this Article.

3. In cases where all narcotic substances have volumes or quantities below the minimum threshold for each substance as stipulated in Clause 3 of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code, including at least one narcotic substance having a volume or quantity falling under the case stipulated in Clause 2 of any of these provisions, the total volume or quantity of narcotic substances shall be determined in accordance with the following procedure:

a) Calculate the percentage of the volume or quantity of each narcotic substance relative to the minimum threshold for each substance as stipulated in Clause 3 of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code. Then, sum up the percentages of the volume or quantity of each narcotic substance to determine the total percentage of the volume or quantity of the narcotic substances.

b) Based on the total percentage of the volume or quantity of the narcotic substances determined at point a of this clause, determine the total volume or quantity of the narcotic substances that fall under which clause of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code according to the principle:

If the total percentage of the volume or quantity of the narcotic substances is less than 100%, then the total volume or quantity of the narcotic substances falls under the case stipulated at point k of Clause 2 of Article 248 or under the case stipulated at point n of Clause 2 of Article 249 or under the case stipulated at point o of Clause 2 of Article 250 or under the case stipulated at point p of Clause 2 of Article 251 or under the case stipulated at point n of Clause 2 of Article 252 of the 2015 Criminal Code.

If the total percentage of the volume or quantity of the narcotic substances is 100% or more, it is necessary to continue calculating the total percentage of the volume or quantity of the narcotic substances relative to the minimum threshold for each substance as stipulated in Clause 4 of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code according to the procedures set out in points a and b of Clause 4 of this Article.

4. In cases where all narcotics have a weight or volume below the minimum threshold for each substance as stipulated in Clause 4 of one of Articles 248, 249, 250, 251, or 252 of the Criminal Code 2015, and at least one narcotic has a weight or volume within the range specified in Clause 3 of one of these articles, the total weight or volume of the narcotics shall be determined according to the following procedure:

a) Calculate the percentage of the weight or volume of each narcotic relative to the minimum threshold for that substance as provided in Clause 4 of one of Articles 248, 249, 250, 251, or 252 of the Criminal Code 2015. Then, sum up the percentages of the weight or volume of each narcotic to determine the total percentage of the weight or volume of the narcotics.

b) Based on the total percentage of the volume or quantity of the narcotic substances determined at point a of this clause, determine the total volume or quantity of the narcotic substances that fall under which clause of any of Articles 248, 249, 250, 251, or 252 of the 2015 Criminal Code according to the principle:

If the total percentage of the weight or volume of the narcotics is less than 100%, then the total weight or volume of the narcotics falls under the case specified in Point e Clause 3 Article 248 or under the case specified in Point h Clause 3 Article 249 or under the case specified in Point h Clause 3 Article 250 or under the case specified in Point h Clause 3 Article 251 or under the case specified in Point h Clause 3 Article 252 of the Criminal Code 2015.

If the total percentage of the weight or volume of the narcotics is 100% or more, then the total weight or volume of the narcotics falls under the case specified in Point đ Clause 4 Article 248 or under the case specified in Point h Clause 4 Article 249 or under the case specified in Point h Clause 4 Article 250 or under the case specified in Point h Clause 4 Article 251 or under the case specified in Point h Clause 4 Article 252 of the Criminal Code 2015.

Article 6. Appendix

The Appendix accompanying this Decree provides guidelines on calculating the total weight or volume of narcotics in certain specific cases.

Chapter III

IMPLEMENTING PROVISIONS

Article 7. Effective Date

This Decree shall take effect from the date of issuance.

Article 8. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central city administrations, and related agencies, organizations, and individuals are responsible for implementing this Decree.

2. The Ministry of Public Security shall take the lead and coordinate with the Supreme People's Court and the Supreme People's Procuracy to guide, inspect, and urge the implementation of this Decree./.