The above articles relate to criminal offenses involving drugs such as illegal production, possession, transportation, and sale of narcotic substances. The imprisonment term ranges from three years to life imprisonment depending on the nature and severity of the criminal act. In addition, the offender may also be fined or have their property confiscated.
Đối tượng áp dụng
Any person who commits acts of illegal production, possession, transportation, and sale of narcotic substances shall bear criminal responsibility according to the provisions of Vietnamese law.
Các điểm cốt lõi
- Illegal production of narcotic substances
- Illegal possession of narcotic substances
- Illegal transportation of narcotic substances
- Illegal sale of narcotic substances
- Imprisonment from three years to life
🌐 Tác động xã hội từ văn bản này
- Disrupting social order and security
- Increasing the risk of organized crime development
- Negatively impacting community health
❓ Câu hỏi thường gặp
What is the maximum imprisonment term for the offense of illegally selling narcotic substances?
According to Article 251, the maximum imprisonment term may reach life imprisonment depending on the nature and severity of the criminal act.
Besides imprisonment, what other penalties can a drug offender face?
The offender may also be fined from five million to five hundred million Vietnamese dong or have part or all of their property confiscated.
Toàn văn
LAW
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE CRIMINAL CODE
Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law amending and supplementing certain articles of the Criminal Code No. 100/2015/QH13 which has been amended and supplemented by certain articles pursuant to Law No. 12/2017/QH14 and Law No. 59/2024/QH15.
Article 1. Amendments and supplements to certain articles of the Criminal Code
1. Amend and supplement Clause 3 of Article 40 as follows:
“3. Capital punishment shall not be carried out against a person sentenced if they fall under any of the following circumstances:
a) Pregnant women or women nursing children under 36 months old;
b) Persons aged 75 years or older;
c) Persons suffering from terminal cancer.”
2. Amend and supplement Article 49 as follows:
“Article 49. Compulsory Treatment
1. For persons who commit acts dangerous to society while suffering from diseases specified in Article 21 of this Code, the Public Prosecutor or Court may decide to send them to a medical facility for compulsory treatment based on forensic medical or psychiatric examination conclusions.
2. For persons who commit crimes while having criminal responsibility capacity but before being sentenced, suffer from diseases to the extent that they lose their ability to recognize or control their actions, the Court may decide to send them to a medical facility for compulsory treatment based on forensic medical or psychiatric examination conclusions. After recovery or regaining the ability to recognize and control their actions, such persons may be held criminally responsible.
3. For persons serving a prison sentence who suffer from diseases to the extent that they lose their ability to recognize or control their actions, the Court may decide to send them to a medical facility for compulsory treatment based on forensic medical or psychiatric examination conclusions. After recovery or regaining the ability to recognize and control their actions, if there is no other reason to exempt them from serving the sentence, they must continue to serve the sentence.
The time spent on compulsory treatment shall be deducted from the term of imprisonment.”
3. Amend and supplement Clause 6 of Article 62 as follows:
“6. A person sentenced to prohibition of residence or house arrest, if they have served half the term of the sentence and shown good behavior, may have the remaining part of the sentence waived upon proposal by the competent authority and decision by the Court.”
4. Amend and supplement Clause 1 and Clause 6 of Article 63 as follows:
a) Amend and supplement Clause 1 as follows:
“1. A person sentenced to non-custodial reform, fixed-term imprisonment, or life imprisonment, if they have served a certain period of the sentence and shown significant progress and compensated for part of their civil obligations, may have the term of the sentence reduced upon proposal by the competent authority for enforcement of criminal sentences and decision by the Court.
A person sentenced to life imprisonment for the crime of embezzlement or bribery can only be considered for reduction of the term of the sentence if they have voluntarily returned at least three-quarters of the embezzled or bribed assets and cooperated actively with the authorities in the discovery, investigation, and prosecution of the crime or made significant contributions.
The time served to be eligible for the first reduction is one-third of the term for non-custodial reform or fixed-term imprisonment, and twelve years for life imprisonment.”
b) Amend and supplement Clause 6 as follows:
“6. For a person sentenced to death whose sentence has been commuted or who falls under the circumstances specified in Clause 3 of Article 40 of this Code, the time served to be eligible for the first reduction is twenty-five years, and even if reduced multiple times, the actual term served must still be thirty years.”
5. Amend and supplement Clause 1 of Article 109 as follows:
“1. A person organizing, inciting, actively participating, or causing serious consequences shall be sentenced to imprisonment from twelve to twenty years or life imprisonment;”
6. Amend and supplement Clause 1 of Article 110 as follows:
“1. Any person committing any of the following acts shall be sentenced to imprisonment from twelve to twenty years or life imprisonment:
a) Engaging in espionage, sabotage, or creating conditions for espionage or sabotage against the Socialist Republic of Vietnam;
b) Creating conditions for espionage or sabotage according to foreign directives; engaging in reconnaissance, providing information, harboring, guiding, or performing other acts to assist foreigners in espionage or sabotage;
c) Providing or collecting state secrets for foreign countries; collecting or providing other information or materials intended for foreign use against the Socialist Republic of Vietnam.”
7. Amend and supplement Clause 1 of Article 114 as follows:
“1. Any person aiming to overthrow the people's government and destroying material-technical facilities of the Socialist Republic of Vietnam in political, defense, security, economic, scientific-technological, cultural, and social fields shall be sentenced to imprisonment from twelve to twenty years or life imprisonment.”
8. Amend and supplement Clauses 1, 4, and 5 of Article 192 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Any person producing or trading counterfeit goods falling under any of the following circumstances, if not covered by Articles 193, 194, and 195 of this Code, shall be fined from VND 200,000,000 to VND 2,000,000,000 or sentenced to imprisonment from one to five years:
a) Counterfeit goods equivalent in quantity to genuine goods or goods with similar technical features and functions valued from VND 30,000,000 to less than VND 150,000,000 or less than VND 30,000,000 but previously punished administratively for one of the offenses stipulated in this Article or in Articles 188, 189, 190, 191, 193, 194, 195, 196, and 200 of this Code, or convicted of one of these crimes without having had the criminal record expunged and subsequently reoffended;
b) Causing injuries or harm to health resulting in a disability rate from 31% to 60%;
c) Obtaining illicit gains from VND 50,000,000 to less than VND 100,000,000;
d) Causing property damage from VND 100,000,000 to less than VND 500,000,000.”
b) Amend and supplement Clause 4 and Clause 5 as follows:
“4. In addition to the main penalty, the offender may also be fined from VND 40,000,000 to VND 100,000,000, prohibited from holding certain positions, practicing certain professions, or performing certain jobs for one to five years, or have their property confiscated partially or entirely.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 6,000,000,000;
b) Where the offense falls under any of the circumstances prescribed in Points a, b, đ, e, g, h, i, k, l, and m of Clause 2 of this Article, the offender shall be subject to a fine of from VND 6,000,000,000 to VND 12,000,000,000;
c) Where the offense falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be subject to a fine of from VND 12,000,000,000 to VND 18,000,000,000 or suspension of operations for a period of from six months to three years;
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
đ) A commercial legal entity may also be subject to a fine of from VND 100,000,000 to VND 400,000,000, prohibition on conducting business, prohibition on operating in certain fields, or prohibition on raising capital for a period of from one year to three years.
9. Amend and supplement Clause 5 and Clause 6 of Article 193 as follows:
“5. The offender may also be subject to a fine of from VND 40,000,000 to VND 200,000,000, prohibition on holding positions, prohibition on practicing a profession or engaging in specific work for a period of from one year to five years, or confiscation of part or all of the property.
6. Where a commercial legal entity commits an offense as prescribed in this Article, it shall be punished as follows:
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 6,000,000,000;
b) Where the offense falls under any of the circumstances prescribed in Points a, b, c, e, g, h, i, and k of Clause 2 of this Article, the offender shall be subject to a fine of from VND 6,000,000,000 to VND 12,000,000,000;
c) Where the offense falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be subject to a fine of from VND 12,000,000,000 to VND 18,000,000,000;
d) Where the offense falls under the circumstances prescribed in Clause 4 of this Article, the offender shall be subject to a fine of from VND 18,000,000,000 to VND 36,000,000,000 or suspension of operations for a period of from six months to three years;
đ) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
e) A commercial legal entity may also be subject to a fine of from VND 200,000,000 to VND 600,000,000, prohibition on conducting business, prohibition on operating in certain fields, or prohibition on raising capital for a period of from one year to three years.
10. Amend and supplement Clauses 4, 5, and 6 of Article 194 as follows:
“4. Where the offense falls under any of the following circumstances, the offender shall be subject to imprisonment for twenty years or life imprisonment:
a) Illicit gains amounting to VND 2,000,000,000 or more;
b) Causing the death of two or more persons;
c) Inflicting injuries or causing damage to health of two or more persons with a total injury rate of 122% or more;
d) Causing property damage amounting to VND 1,500,000,000 or more.
5. The offender may also be subject to a fine of from VND 40,000,000 to VND 200,000,000, prohibition on holding positions, prohibition on practicing a profession or engaging in specific work for a period of from one year to five years, or confiscation of part or all of the property.
6. Where a commercial legal entity commits an offense as prescribed in this Article, it shall be punished as follows:
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 8,000,000,000;
b) Where the offense falls under any of the circumstances prescribed in Points a, b, c, e, g, h, i, and k of Clause 2 of this Article, the offender shall be subject to a fine of from VND 8,000,000,000 to VND 18,000,000,000;
c) Where the offense falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be subject to a fine of from VND 18,000,000,000 to VND 30,000,000,000;
d) Where the offense falls under the circumstances prescribed in Clause 4 of this Article, the offender shall be subject to a fine of from VND 30,000,000,000 to VND 40,000,000,000 or suspension of operations for a period of from one year to three years;
đ) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
e) A commercial legal entity may also be subject to a fine of from VND 200,000,000 to VND 600,000,000, prohibition on conducting business, prohibition on operating in certain fields, or prohibition on raising capital for a period of from one year to three years.
11. Amend and supplement Clauses 1, 5, and 6 of Article 195 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Any person who produces or sells counterfeit goods that are feed for livestock, fertilizer, veterinary drugs, plant protection products, seeds of plants, or seeds of animals, falling under any of the following circumstances, shall be subject to a fine of from VND 200,000,000 to VND 2,000,000,000 or imprisonment for a term of from one year to five years:
a) Counterfeit goods equivalent to the quantity of genuine goods or goods with the same technical features and functions valued at from VND 30,000,000 to less than VND 150,000,000 or less than VND 30,000,000 but have been administratively sanctioned for one of the acts prescribed in this Article or in Articles 188, 189, 190, 191, 192, 193, 194, 196, and 200 of this Code or have been convicted of one of these offenses and not yet pardoned, and commit the offense again;
b) Causing property damage amounting to from VND 100,000,000 to less than VND 500,000,000;
c) Illicit gains amounting to from VND 50,000,000 to less than VND 100,000,000.”
b) Amend and supplement Clause 5 and Clause 6 as follows:
“5. The offender may also be subject to a fine of from VND 40,000,000 to VND 200,000,000, prohibition on holding positions, prohibition on practicing a profession or engaging in specific work for a period of from one year to five years, or confiscation of part or all of the property.
6. Where a commercial legal entity commits an offense as prescribed in this Article, it shall be punished as follows:
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 6,000,000,000;
b) Where the offense falls under any of the circumstances prescribed in Points a, b, c, e, g, h, and i of Clause 2 of this Article, the offender shall be subject to a fine of from VND 6,000,000,000 to VND 12,000,000,000;
c) Where the offense falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be subject to a fine of from VND 12,000,000,000 to VND 18,000,000,000;
d) Where the offense falls under the circumstances prescribed in Clause 4 of this Article, the offender shall be subject to a fine of from VND 18,000,000,000 to VND 30,000,000,000 or suspension of operations for a period of from six months to three years;
đ) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
e) A commercial legal entity may also be subject to a fine of from VND 200,000,000 to VND 600,000,000, prohibition on conducting business, prohibition on operating in certain fields, or prohibition on raising capital for a period of from one year to three years.
12. Amend and supplement Articles 235, 236, 237, 238, and 239 as follows:
“Article 235. Offense of Environmental Pollution
1. Any person who commits any of the following acts shall be subject to a fine of VND 100,000,000 to VND 1,000,000,000 or imprisonment for two to three years:
a) Illegally burying, filling, dumping, or discharging into the environment from one thousand kilograms to less than three thousand kilograms of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or from three thousand kilograms to less than ten thousand kilograms of other hazardous waste;
b) Illegally burying, filling, dumping, or discharging into the environment from five hundred kilograms to less than one thousand kilograms of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or from one thousand five hundred kilograms to less than three thousand kilograms of other hazardous waste, but has been administratively punished for any of the acts prescribed in this Article or convicted of this offense, not yet having had their criminal record expunged, and still committing the violation;
c) Discharging into the environment from five hundred cubic meters (m3) per day to less than five thousand cubic meters (m3) per day wastewater with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or from three hundred cubic meters (m3) per day to less than five hundred cubic meters (m3) per day wastewater with environmental hazard parameters exceeding national technical standards for the environment five times or more;
d) Discharging into the environment five hundred cubic meters (m3) per day or more wastewater with environmental hazard parameters exceeding national technical standards for the environment from two times to less than three times, or from three hundred cubic meters (m3) per day to less than five hundred cubic meters (m3) per day wastewater with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or from one hundred cubic meters (m3) per day to less than three hundred cubic meters (m3) per day wastewater with environmental hazard parameters exceeding national technical standards for the environment five times or more, but has been administratively punished for any of the acts prescribed in this Article or convicted of this offense, not yet having had their criminal record expunged, and still committing the violation;
đ) Discharging into the environment from one hundred fifty thousand cubic meters (m3) per hour to less than three hundred thousand cubic meters (m3) per hour exhaust gas with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or from one hundred thousand cubic meters (m3) per hour to less than one hundred fifty thousand cubic meters (m3) per hour exhaust gas with environmental hazard parameters exceeding national technical standards for the environment five times or more;
e) Discharging into the environment one hundred fifty thousand cubic meters (m3) per hour or more exhaust gas with environmental hazard parameters exceeding national technical standards for the environment from two times to less than three times, or from one hundred thousand cubic meters (m3) per hour to less than one hundred fifty thousand cubic meters (m3) per hour exhaust gas with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or from fifty thousand cubic meters (m3) per hour to less than one hundred thousand cubic meters (m3) per hour exhaust gas with environmental hazard parameters exceeding national technical standards for the environment five times or more, but has been administratively punished for any of the acts prescribed in this Article or convicted of this offense, not yet having had their criminal record expunged, and still committing the violation;
g) Illegally burying, filling, dumping, or discharging into the environment general solid waste from one hundred thousand kilograms to less than two hundred thousand kilograms, or from seventy thousand kilograms to less than one hundred thousand kilograms, but has been administratively punished for any of the acts prescribed in this Article or convicted of this offense, not yet having had their criminal record expunged, and still committing the violation;
h) Discharging into the environment wastewater, illegally burying, filling, dumping, or discharging into the environment solid waste, or emitting exhaust gas containing radioactive substances exceeding the dose value from fifty millisieverts (mSv) per year to less than two hundred millisieverts (mSv) per year, or the dose rate from 0.0025 millisieverts (mSv) per hour to less than 0.01 millisieverts (mSv) per hour.
2. Any person who commits the offense under any of the following circumstances shall be subject to a fine of VND 1,000,000,000 to VND 2,000,000,000 or imprisonment for three to five years:
a) Illegally burying, filling, dumping, or discharging into the environment from three thousand kilograms to less than five thousand kilograms of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or from ten thousand kilograms to less than fifty thousand kilograms of other hazardous waste;
b) Discharging into the environment from five thousand cubic meters (m3) per day to less than ten thousand cubic meters (m3) per day wastewater with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or from five hundred cubic meters (m3) per day to less than five thousand cubic meters (m3) per day wastewater with environmental hazard parameters exceeding national technical standards for the environment five times or more;
c) Discharging into the environment from three hundred thousand cubic meters (m3) per hour to less than five hundred thousand cubic meters (m3) per hour exhaust gas with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or from one hundred fifty thousand cubic meters (m3) per hour to less than three hundred thousand cubic meters (m3) per hour exhaust gas with environmental hazard parameters exceeding national technical standards for the environment five times or more;
d) Illegally burying, filling, dumping, or discharging into the environment general solid waste from two hundred thousand kilograms to less than five hundred thousand kilograms;
đ) Discharging into the environment wastewater, illegally burying, filling, dumping, or discharging into the environment solid waste, or emitting exhaust gas containing radioactive substances exceeding the dose value from two hundred millisieverts (mSv) per year to less than four hundred millisieverts (mSv) per year, or the dose rate from 0.01 millisieverts (mSv) per hour to less than 0.02 millisieverts (mSv) per hour;
e) Causing serious consequences.
3. Any person who commits the offense under any of the following circumstances shall be subject to a fine of VND 2,000,000,000 to VND 6,000,000,000 or imprisonment for five to seven years:
a) Illegally burying, filling, dumping, or discharging into the environment five thousand kilograms or more of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or fifty thousand kilograms or more of other hazardous waste;
b) Discharging into the environment ten thousand cubic meters (m3) per day or more wastewater with environmental hazard parameters exceeding national technical standards for the environment from three times to less than five times, or five thousand cubic meters (m3) on a day or more, discharging wastewater with hazardous environmental parameters exceeding national technical standards for the environment by five times or more;
c) Discharge into the environment three hundred thousand cubic meters (m³) or more per hour of exhaust gas with hazardous environmental parameters exceeding national technical standards for the environment from three to less than five times, or discharge into the environment five hundred thousand cubic meters (m³) or more per hour of exhaust gas with hazardous environmental parameters exceeding national technical standards for the environment by five times or more;3) on an hour or more, emitting exhaust gas with hazardous environmental parameters exceeding national technical standards for the environment from three to less than five times, or emitting exhaust gas with hazardous environmental parameters exceeding national technical standards for the environment by five times or more;3d) Dispose, bury, dump, or discharge into the environment illegally solid waste of ordinary type five hundred thousand kilograms or more;
đ) Discharge wastewater, dispose, bury, dump, or discharge into the environment solid waste containing radioactive substances exceeding the dose value of four hundred millisieverts (mSv) per year or the dose rate value of two millisieverts (mSv) per hour;
e) Cause very serious or particularly serious consequences.
4. The offender may also be fined from sixty million dong to four hundred million dong, prohibited from holding positions, practicing professions, or performing specific jobs for one to five years.
a) If the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be fined from six billion dong to fourteen billion dong;
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
b) If the offense falls under the circumstances prescribed in Clause 2 of this Article, the offender shall be fined from fourteen billion dong to twenty-four billion dong, or suspended from operating for a period of six months to two years;
c) If the offense falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be fined from twenty-four billion dong to forty billion dong, or suspended from operating for a period of one to three years;
đ) A commercial legal entity may also be fined from two billion dong to ten billion dong, prohibited from conducting business or engaging in certain fields for one to three years.
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
Article 236. Offense of Violating Regulations on Hazardous Waste Management
1. Any person who has authority and permits the illegal disposal, burial, dumping, or discharge of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants from three thousand kilograms to less than five thousand kilograms; or radioactive waste causing environmental radiation exposure belonging to a radiation source category with a level of danger below average according to National Technical Standards on Radiation Safety - Classification and Grouping of Radiation Sources exceeding permitted standards, shall be fined from one hundred million dong to four hundred million dong, sentenced to corrective labor without imprisonment for up to two years, or imprisoned for two to three years.
2. If the offense falls under any of the following circumstances, the offender shall be fined from four hundred million dong to two billion dong, or imprisoned for three to five years:
a) Hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants from five thousand kilograms to less than ten thousand kilograms; or radioactive waste causing environmental radiation exposure belonging to a radiation source category with a level of danger at the average level according to National Technical Standards on Radiation Safety - Classification and Grouping of Radiation Sources exceeding permitted standards;
c) Committing the offense two or more times;
b) Organized;
3. If the offense falls under the circumstance of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants ten thousand kilograms or more; or radioactive waste causing environmental radiation exposure belonging to a radiation source category with a level of danger above average according to National Technical Standards on Radiation Safety - Classification and Grouping of Radiation Sources exceeding permitted standards, the offender shall be imprisoned for five to ten years.
d) Reoffending dangerously.
4. The offender may also be fined from twenty million dong to three hundred million dong, prohibited from holding positions, practicing professions, or performing specific jobs for one to five years.
4. The offender may also be fined from VND 20,000,000 to VND 300,000,000, prohibited from holding office, practicing a profession, or performing a specific job for a period of from one to five years.
Article 237. Crime of Violating Provisions on Prevention, Response, and Mitigation of Environmental Incidents
1. Any person who commits any of the following acts shall be subject to a fine of from one hundred million dong to one billion dong, or to community service for a term not exceeding three years, or to imprisonment for a term of from six months to three years:
a) Violating provisions on prevention of environmental incidents resulting in an environmental incident;
b) Violating provisions on response and mitigation of environmental incidents causing serious pollution or injury or harm to the health of another person with a body injury ratio of sixty-one percent or more, or causing injury or harm to the health of two or more persons with a total body injury ratio of those persons from sixty-one percent to one hundred twenty-one percent, or causing damage from one billion dong to less than three billion dong.
2. In cases where the crime falls under any of the following circumstances, the offender shall be subject to a fine of from one billion dong to four billion dong, or to imprisonment for a term of from two years to seven years:
a) Causing death;
b) Causing injury or harm to the health of two or more persons with a total body injury ratio of those persons from one hundred twenty-two percent to two hundred percent;
c) Causing damage from three billion dong to less than seven billion dong.
3. In cases where the crime falls under any of the following circumstances, the offender shall be subject to imprisonment for a term of from five years to ten years:
a) Causing death of two or more persons;
b) Causing injury or harm to the health of three or more persons with a total body injury ratio of those persons two hundred one percent or more;
c) Causing damage of seven billion dong or more.
4. The offender may also be subject to a fine of from twenty million dong to one hundred million dong, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain work for a term of from one year to five years.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 6,000,000,000;
b) In cases where the crime falls under the circumstances prescribed in Clause 2 of this Article, the offender shall be subject to a fine of from six billion dong to ten billion dong;
c) In cases where the crime falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be subject to a fine of from ten billion dong to twenty billion dong, or suspension of activities for a term of from one year to three years;
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
đ) A commercial entity may also be subject to a fine of from two hundred million dong to one billion dong, prohibition from conducting business, prohibition from engaging in certain fields of activity for a term of from one year to three years.
Article 238. Crime of Violating Provisions on Safeguarding the Safety of Water Conservancy Works, Dikes, and Flood Control; Violating Provisions on Protecting River Banks and Beaches
1. Any person who commits any of the following acts, causing injury or harm to the health of another person with a body injury ratio of sixty-one percent or more, or causing injury or harm to the health of two or more persons with a total body injury ratio of those persons from sixty-one percent to one hundred twenty-one percent, or causing damage from one hundred million dong to less than three hundred million dong, if not falling under the circumstances prescribed in Article 303 of this Code, shall be subject to a fine of from one hundred million dong to six hundred million dong, or to community service for a term not exceeding three years, or to imprisonment for a term of from three months to two years:
a) Building houses or works illegally within the protected area of water conservancy works, dikes, flood control works;
b) Damaging water conservancy works, dikes, flood control works, protective works, exploitation, utilization, monitoring, supervision of water resources, works for preventing and mitigating the harmful effects caused by water;
c) Drilling, digging exploration, surveying, exploiting soil, rock, gravel, minerals, underground water illegally;
d) Using explosives, causing explosions, fires within the protected area of water conservancy works, dikes, flood control works, protective works, exploitation, utilization, monitoring, supervision of water resources, works for preventing and mitigating the harmful effects caused by water, except in cases where there is a permit or in emergency situations as provided by law;
đ) Operating reservoirs in violation of the operating procedures of reservoirs, inter-reservoir operating procedures; operating flood diversion works in violation of the procedures and technical standards permitted, except in special cases implemented according to the decision of the competent authority.
2. In cases where the crime falls under any of the following circumstances, the offender shall be subject to a fine of from six hundred million dong to four billion dong, or to imprisonment for a term of from two years to seven years:
a) Organized;
b) Committing the crime two or more times;
c) Causing death;
d) Causing injury or harm to the health of two or more persons with a total body injury ratio of those persons from one hundred twenty-two percent to two hundred percent;
đ) Causing damage from three hundred million dong to less than one billion dong;
e) Reoffending dangerously.
3. In cases where the crime falls under any of the following circumstances, the offender shall be subject to imprisonment for a term of from five years to ten years:
a) Causing death of two or more persons;
b) Causing injury or harm to the health of three or more persons with a total body injury ratio of those persons two hundred one percent or more;
c) Causing damage of one billion dong or more.
4. The offender may also be subject to a fine of from twenty million dong to one hundred million dong, prohibition from practicing certain professions or performing certain work for a term of from two years to five years.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) In cases where the crime falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from six hundred million dong to two billion dong;
b) In cases where the crime falls under the circumstances prescribed in Clause 2 of this Article, the offender shall be subject to a fine of from two billion dong to six billion dong;
c) In cases where the crime falls under the circumstances prescribed in Clause 3 of this Article, the offender shall be subject to a fine of from six billion dong to ten billion dong, or suspension of activities for a term of from one year to three years;
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
đ) A commercial entity may also be subject to a fine of from two hundred million dong to one billion dong, prohibition from conducting business, prohibition from engaging in certain fields of activity for a term of from one year to three years.
Article 239. Crime of Introducing Waste into the Territory of Vietnam
1. Any person who introduces waste into the territory of Vietnam contrary to the law in one of the following cases shall be subject to a fine of VND 400,000,000 to VND 2,000,000,000, or corrective labor without imprisonment for up to three years, or imprisonment from six months to three years:
a) Introducing from 1,000 kilograms to less than 3,000 kilograms of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or from 3,000 kilograms to less than 10,000 kilograms of other hazardous waste;
b) Introducing from 70,000 kilograms to less than 170,000 kilograms of other waste.
2. In cases where the crime falls under one of the following circumstances, the offender shall be subject to a fine of VND 2,000,000,000 to VND 4,000,000,000, or imprisonment from two to seven years:
a) Organized;
b) Introducing from 3,000 kilograms to less than 5,000 kilograms of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or from 10,000 kilograms to less than 50,000 kilograms of other hazardous waste;
c) Introducing from 170,000 kilograms to less than 300,000 kilograms of other waste.
3. In cases where the crime falls under one of the following circumstances, the offender shall be subject to a fine of VND 4,000,000,000 to VND 10,000,000,000, or imprisonment from five to ten years:
a) Introducing 5,000 kilograms or more of hazardous waste with particularly harmful components exceeding the threshold of hazardous waste as prescribed by law or containing substances that must be eliminated according to Appendix A of the Stockholm Convention on Persistent Organic Pollutants, or 50,000 kilograms or more of other hazardous waste;
b) Introducing 300,000 kilograms or more of other waste.
4. The offender may also be subject to a fine of VND 100,000,000 to VND 400,000,000, prohibition from holding office, prohibition from practicing a profession or performing a specific job for one to five years.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 6,000,000,000;
b) If the offense falls under the case stipulated in Clause 2 of this Article, the offender shall be subject to a fine of VND 6,000,000,000 to VND 10,000,000,000, or suspension of activities for a period of six months to one year;
c) If the offense falls under the case stipulated in Clause 3 of this Article, the offender shall be subject to a fine of VND 10,000,000,000 to VND 14,000,000,000, or suspension of activities for a period of one to three years;
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
đ) A commercial legal entity may also be subject to a fine of VND 200,000,000 to VND 1,000,000,000, prohibition from conducting business, or prohibition from operating in certain fields for one to three years.”
13. Amend and supplement Clause 1 and Clause 4 of Article 240 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Any person who commits one of the following acts, causing the spread of dangerous infectious diseases among people, shall be subject to a fine of VND 100,000,000 to VND 400,000,000, or imprisonment from one to five years:
a) Exporting or allowing the exportation from areas affected by animal or plant disease, animal or plant products, or other items capable of transmitting dangerous diseases to humans, except where otherwise provided by law;
b) Importing or allowing the importation into the territory of Vietnam of animals, plants, or animal or plant products infected with or carrying dangerous pathogens capable of being transmitted to humans;
c) Other acts causing the spread of dangerous diseases among people.”
b) Amend and supplement Clause 4 as follows:
“4. The offender may also be subject to a fine of VND 40,000,000 to VND 200,000,000, prohibition from holding office, prohibition from practicing a profession or performing a specific job for one to five years.”
14. Amend and supplement Article 241 and Article 242 as follows:
“Article 241. Crime of spreading dangerous diseases to animals and plants
1. Any person who commits any of the following acts, causing the spread of dangerous diseases to animals and plants, resulting in property damage from VND 100,000,000 to less than VND 500,000,000 or has been administratively punished for any of these acts and still violates them, shall be fined from VND 100,000,000 to VND 400,000,000, sentenced to corrective labor without imprisonment for up to three years, or imprisoned for from six months to two years:
a) Bringing into, taking out, or allowing the bringing into or taking out of regions affected by animal or plant diseases, animal or plant products, or other items infected with disease or carrying pathogens, except where otherwise provided by law;
b) Bringing into or allowing the bringing into the territory of Vietnam animals, plants, animal or plant products subject to quarantine without complying with the provisions of the law on quarantine;
c) Other acts causing the spread of dangerous diseases to animals and plants.
2. If the crime falls under any of the following circumstances, the offender shall be imprisoned for from two to five years:
a) Causing property damage from VND 500,000,000 to less than VND 1,000,000,000;
b) Resulting in the declaration of a disease within the authority of the Chairman of the People's Committee at the provincial level.
3. If the crime falls under any of the following circumstances, the offender shall be imprisoned for from three to seven years:
a) Causing property damage of VND 1,000,000,000 or more;
b) Resulting in the declaration of a disease within the authority of the Minister of Agriculture and Rural Development.
4. The offender may also be fined from VND 40,000,000 to VND 200,000,000, prohibited from holding certain positions, practicing certain professions, or performing certain tasks for from one to five years.
Article 242. Crime of destroying aquatic resources
1. Any person who violates regulations on protecting aquatic resources in any of the following cases, causing damage to aquatic resources from VND 100,000,000 to less than VND 500,000,000 or aquatic products worth from VND 50,000,000 to less than VND 200,000,000, or has been administratively punished for any of the acts prescribed in this Article or has been convicted of this offense and not yet had their criminal record expunged and still violates it, shall be fined from VND 100,000,000 to VND 600,000,000, sentenced to corrective labor without imprisonment for up to three years, or imprisoned for from six months to three years:
a) Using toxic substances, explosives, chemicals, electric current, or prohibited fishing equipment to fish or destroy aquatic resources;
b) Fishing in prohibited areas or areas with a limited prohibition period;
c) Fishing species prohibited from being fished unless they fall under the cases specified in Article 244 of this Code;
d) Destroying the habitat of species listed in the Catalogue of Rare and Precious Species under Priority Protection;
đ) Inflicting injuries or damaging the health of others to a degree of 61% or more;
e) Inflicting injuries or damaging the health of two or more people to a total degree of 61% to 121%;
g) Violating other provisions of the law on protecting aquatic resources.
2. If the crime falls under any of the following circumstances, the offender shall be fined from VND 600,000,000 to VND 2,000,000,000 or imprisoned for from three to five years:
a) Causing damage to aquatic resources from VND 500,000,000 to less than VND 1,500,000,000 or aquatic products worth from VND 200,000,000 to less than VND 500,000,000;
b) Causing death;
c) Inflicting injuries or damaging the health of two or more people to a total degree of 122% to 200%.
3. In cases where the crime falls under any of the following circumstances, the offender shall be subject to imprisonment for a term of from five years to ten years:
a) Causing damage to aquatic resources of VND 1,500,000,000 or more or aquatic products worth VND 500,000,000 or more;
b) Causing the death of two or more persons;
c) Inflicting injuries or damaging the health of three or more people to a total degree of 201% or more.
4. The offender may also be fined from VND 40,000,000 to VND 200,000,000, prohibited from holding certain positions, practicing certain professions, or performing certain tasks for from one to five years.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) In cases where the crime falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from six hundred million dong to two billion dong;
b) In cases where the crime falls under the circumstances prescribed in Clause 2 of this Article, the offender shall be subject to a fine of from two billion dong to six billion dong;
c) If the crime falls under the circumstances specified in Clause 3 of this Article, the offender shall be fined from VND 6,000,000,000 to VND 10,000,000,000 or suspended from operating for a period of from six months to three years;
d) A commercial entity may also be fined from VND 100,000,000 to VND 400,000,000, prohibited from conducting business, engaging in certain fields of activity for from one to three years, or raising capital for from one to three years.
15. Amend and supplement Clauses 1, 4, and 5 of Article 243 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Any person who illegally burns or destroys forests or engages in other acts that destroy forests in any of the following cases, shall be fined from VND 100,000,000 to VND 1,000,000,000, sentenced to corrective labor without imprisonment for up to three years, or imprisoned for from one to five years:
a) Tree planting that has not yet formed a forest or a replanted forest with a storage volume of from 30,000 square meters (m²) to less than 50,000 square meters (m²);2) to less than 50,000 square meters (m²)2);
b) Production forests with an area from 5,000 square meters (m²) to less than 10,000 square meters (m²);2) to less than 10,000 square meters (m²)2);
c) Protective forests with an area from 3,000 square meters (m²) to less than 7,000 square meters (m²);2) to less than 7,000 square meters (m²)2);
d) Special-purpose forests with an area from 1,000 square meters (m²) to less than 3,000 square meters (m²);2) to less than 3,000 square meters (m²)2);
đ) Causing damage to forest products valued from VND 50,000,000 to less than VND 100,000,000 when the damaged forest cannot be measured by area;
e) Plants listed in the Catalogue of Rare and Precious Species under Priority Protection or the Catalogue of Rare and Precious Forest Plants and Animals Group IA valued from VND 20,000,000 to less than VND 60,000,000; plants listed in the Catalogue of Rare and Precious Forest Plants and Animals Group IIA valued from VND 40,000,000 to less than VND 100,000,000;
g) An area of forest or value of forest products below the threshold specified in any of the points a, b, c, d, đ, and e of this clause but has been administratively punished for any of the acts prescribed in this Article or has been convicted of this offense and not yet had their criminal record expunged and still violates it.”
b) Amend and supplement Clause 4 and Clause 5 as follows:
“4. The offender may also be fined from VND 40,000,000 to VND 200,000,000, prohibited from holding certain positions, practicing certain professions, or performing certain tasks for from one to five years.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) If the crime falls under the circumstances specified in Clause 1 of this Article, the offender shall be fined from VND 1,000,000,000 to VND 4,000,000,000;
b) If the crime falls under any of the circumstances specified in the points a, c, d, đ, e, g, h, and i of Clause 2 of this Article, the offender shall be fined from VND 4,000,000,000 to VND 10,000,000,000;
c) For offenses falling under the circumstances prescribed in Clause 3 of this Article, a fine of from 10,000,000,000 VND to 14,000,000,000 VND or suspension of operations for a period of from six months to three years shall be imposed.
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
đ) A commercial legal entity may also be subject to a fine of from VND 100,000,000 to VND 400,000,000, prohibition on conducting business, prohibition on operating in certain fields, or prohibition on raising capital for a period of from one year to three years.
16. Amend and supplement Clauses 1, 4, and 5 of Article 244 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Any person who violates regulations on the protection of animal species listed in the Catalogue of Precious and Rare Species in Need of Priority Protection or the Catalogue of Precious and Rare Forest Plants and Animals in Group IB or Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora in any of the following cases shall be subject to a fine of from 1,000,000,000 VND to 4,000,000,000 VND or imprisonment for a term of from one year to five years:
a) Illegally hunting, killing, keeping, confining, transporting, or trading animals listed in the Catalogue of Precious and Rare Species in Need of Priority Protection;
b) Illegally storing, transporting, or trading individual specimens, body parts that cannot be separated from life, or products derived from animals specified in point a of this clause;
c) Illegally storing, transporting, or trading elephant tusks with a weight of from two kilograms to less than twenty kilograms; rhinoceros horns with a weight of from fifty grams to less than one kilogram;
d) Illegally hunting, killing, keeping, confining, transporting, or trading forest plants and animals listed in the Catalogue of Precious and Rare Forest Plants and Animals in Group IB or Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which are not the species specified in point a of this clause, in quantities of from three individuals to seven individuals of the mammal class, from seven individuals to ten individuals of the bird or reptile class, or from ten individuals to fifteen individuals of other animal classes;
đ) Illegally storing, transporting, or trading individual specimens, body parts that cannot be separated from life of from three individuals to seven individuals of the mammal class, from seven individuals to ten individuals of the bird or reptile class, or from ten individuals to fifteen individuals of other animal classes specified in point d of this clause;
e) Illegally hunting, killing, keeping, confining, transporting, or trading animals, or illegally storing, transporting, or trading individual specimens, body parts that cannot be separated from life, or products derived from animals in quantities below the levels specified in points c, d, and đ of this clause but have been administratively punished for any of the acts prescribed in this Article or have been convicted of this offense and not yet had their criminal records expunged and continue to commit such violations.”
b) Amend and supplement Clause 4 and Clause 5 as follows:
“4. In addition to the penalties prescribed in this Article, the offender may also be subject to a fine of from 100,000,000 VND to 400,000,000 VND, prohibition from holding certain positions, prohibition from practicing certain professions, or engaging in certain activities for a period of from one year to five years.
5. A commercial legal entity committing the offense stipulated in this Article shall be punished as follows:
a) For offenses falling under the circumstances prescribed in Clause 1 of this Article, a fine of from 2,000,000,000 VND to 10,000,000,000 VND shall be imposed;
b) For offenses falling under any of the circumstances prescribed in points a, b, c, d, đ, g, h, i, and k of Clause 2 of this Article, a fine of from 10,000,000,000 VND to 20,000,000,000 VND shall be imposed;
c) For offenses falling under the circumstances prescribed in Clause 3 of this Article, a fine of from 20,000,000,000 VND to 30,000,000,000 VND or suspension of operations for a period of from six months to three years shall be imposed;
d) Where the offense falls under the circumstances prescribed in Article 79 of this Code, the offender shall be subject to permanent suspension of operations;
đ) A commercial legal entity may also be subject to a fine of from 600,000,000 VND to 1,200,000,000 VND, prohibition from conducting business, prohibition from operating in certain fields, or prohibition from raising capital for a period of from one year to three years.”
17. Amend and supplement Articles 245 and 246 as follows:
“Article 245. Crime of Violating Management Regulations for Nature Reserves
1. Any person who violates management regulations for nature reserves under any of the following circumstances shall be subject to a fine of VND 100,000,000 to VND 600,000,000, or community service for up to three years, or imprisonment from six months to three years:
a) Causing property damage amounting to VND 50,000,000 to less than VND 200,000,000;
b) Causing damage to scenery and natural ecosystems within the strictly protected zone of a nature reserve with a total area of 300 square meters (m²) to less than 500 square meters (m²);2) to less than 500 square meters (m²)2);
c) Having been administratively punished for one of these acts and still committing the violation, or having been convicted of this crime, not yet having had the criminal record expunged, and still committing the violation.
2. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from three to seven years:
a) Causing property damage amounting to VND 200,000,000 or more;
b) Causing damage to scenery and natural ecosystems within the strictly protected zone of a nature reserve with a total area of 500 square meters (m²) or more;2b) There is no organization or individual that has submitted an application for prospecting in the area seeking extension;
c) There is an organization;
c) Organized;
đ) Reoffending dangerously.
d) Using prohibited tools, means, or methods.
3. The offender may also be subject to a fine of VND 20,000,000 to VND 200,000,000, prohibition from holding certain positions, practicing certain professions, or engaging in certain activities for one to five years.
a) In cases where the crime falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from six hundred million dong to two billion dong;
4. A commercial legal entity committing the offense prescribed in this Article shall be subject to the following penalties:
b) If the offense falls under the circumstances prescribed in Clause 2 of this Article, it shall be subject to a fine of VND 2,000,000,000 to VND 6,000,000,000, or suspension of operations for a period of six months to three years;
c) If the offense falls under the provisions of Article 79 of this Code, it shall be subject to permanent suspension of operations;
d) A commercial legal entity may also be subject to a fine of VND 100,000,000 to VND 1,000,000,000, prohibition from conducting business, engaging in certain fields of activity, or raising capital for one to three years.
Article 246. Crime of Importing and Spreading Invasive Alien Species
1. Any person who commits any of the following acts shall be subject to a fine of VND 200,000,000 to VND 2,000,000,000, community service for up to three years, or imprisonment from one to five years:
a) Illegally importing invasive alien species or alien species that pose a risk of invasion where the value of the contraband is VND 250,000,000 to less than VND 500,000,000, or where the value of the contraband is less than VND 250,000,000 but the person has previously been administratively punished for the same act and still commits the violation;
2. If the offense falls under any of the following circumstances, the offender shall be subject to imprisonment from three to seven years:
a) Organized;
b) Illegally importing invasive alien species or alien species that pose a risk of invasion where the value of the contraband is VND 500,000,000 or more;
c) Spreading invasive alien species or alien species that pose a risk of invasion causing property damage amounting to VND 500,000,000 or more.
d) Reoffending dangerously.
3. The offender may also be subject to a fine of VND 100,000,000 to VND 1,000,000,000, prohibition from holding certain positions, practicing certain professions, or engaging in certain activities for one to five years.
3. The offender may also be subject to a fine of VND 20,000,000 to VND 200,000,000, prohibition from holding certain positions, practicing certain professions, or engaging in certain activities for one to five years.
a) Where the offense falls under the circumstances prescribed in Clause 1 of this Article, the offender shall be subject to a fine of from VND 2,000,000,000 to VND 6,000,000,000;
b) If the offense falls under the circumstances prescribed in Clause 2 of this Article, it shall be subject to a fine of VND 6,000,000,000 to VND 10,000,000,000, or suspension of operations for a period of six months to three years;
c) A commercial legal entity may also be subject to a fine of VND 200,000,000 to VND 2,000,000,000, prohibition from conducting business, engaging in certain fields of activity, or raising capital for one to three years.”
18. Amend and supplement Articles 248, 249, 250, 251, and 252 as follows:
“Article 248. Crime of Illegally Producing Narcotics
1. Any person who illegally produces narcotics in any form shall be sentenced to imprisonment for a term of from three to seven years.
2. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from seven to fifteen years:
a) Organized;
b) Committing the crime two or more times;
c) Taking advantage of position or authority;
d) Taking advantage of the name of an agency or organization;
đ) Opium resin, cannabis resin, or cocaine extract with a weight of from five hundred grams to less than one kilogram;
e) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from five grams to less than thirty grams;
g) Other narcotic substances in solid form with a weight of from twenty grams to less than one hundred grams;
h) Other narcotic substances in liquid form with a volume of from one hundred milliliters to less than two hundred milliliters;
i) Reoffending dangerously;
k) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points đ to h of this clause;
3. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from fifteen to twenty years:
a) Having a professional nature;
b) Opium resin, cannabis resin, or cocaine extract with a weight of from one kilogram to less than five kilograms;
c) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from thirty grams to less than one hundred grams;
d) Other narcotic substances in solid form with a weight of from one hundred grams to less than three hundred grams;
đ) Other narcotic substances in liquid form with a volume of from two hundred milliliters to less than seven hundred fifty milliliters;
e) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points b to đ of this clause;
4. In any of the following cases, the offender shall be sentenced to imprisonment for a term of twenty years or life imprisonment:
a) Opium resin, cannabis resin, or cocaine extract with a weight of from five kilograms to less than thirty kilograms;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from one hundred grams to less than three kilograms;
c) Other narcotic substances in solid form with a weight of from three hundred grams to less than nine kilograms;
d) Other narcotic substances in liquid form with a volume of from seven hundred fifty milliliters to less than twenty-two liters;
đ) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points a to d of this clause;
5. In any of the following cases, the offender shall be sentenced to life imprisonment or death penalty:
a) Opium resin, cannabis resin, or cocaine extract with a weight of thirty kilograms or more;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of three kilograms or more;
c) Other narcotic substances in solid form with a weight of nine kilograms or more;
d) Other narcotic substances in liquid form with a volume of twenty-two liters or more;
đ) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points a to d of this clause;
6. The offender may also be fined from five million dong to five hundred million dong, prohibited from holding a position, practicing a profession, or performing a specific job for a term of from one to five years, or have part or all of their property confiscated.
Article 249. Crime of Illegally Storing Narcotics
1. Any person who illegally stores narcotics without the purpose of buying, selling, transporting, or producing narcotics in any of the following cases, shall be sentenced to imprisonment for a term of from three to five years:
a) Has been administratively punished for the act prescribed in this Article or has been convicted of this crime or one of the crimes prescribed in Articles 248, 250, 251, 252, and 256a of this Code, and has not yet had the criminal record erased but commits the offense again;
b) Opium resin, cannabis resin, or cocaine extract with a weight of from one gram to less than five hundred grams;
c) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from zero point one gram to less than five grams;
d) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from one kilogram to less than ten kilograms;
đ) Dried opium fruits with a weight of from five kilograms to less than fifty kilograms;
e) Fresh opium fruits with a weight of from one kilogram to less than ten kilograms;
g) Other narcotic substances in solid form with a weight of from one gram to less than twenty grams;
h) Other narcotic substances in liquid form with a volume of from ten milliliters to less than one hundred milliliters;
i) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points b to h of this clause;
2. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from five to ten years:
a) Organized;
b) Committing the crime two or more times;
c) Taking advantage of position or authority;
d) Taking advantage of the name of an agency or organization;
đ) Using persons under sixteen years old in committing the crime;
e) Opium resin, cannabis resin, or cocaine extract with a weight of from five hundred grams to less than one kilogram;
g) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from five grams to less than thirty grams;
h) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from ten kilograms to less than twenty-five kilograms;
i) Dried opium fruits with a weight of from fifty kilograms to less than two hundred kilograms;
k) Fresh opium fruits with a weight of from ten kilograms to less than fifty kilograms;
l) Other narcotic substances in solid form with a weight of from twenty grams to less than one hundred grams;
m) Other narcotic substances in liquid form with a volume of from one hundred milliliters to less than two hundred fifty milliliters;
n) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points e to m of this clause;
o) Reoffending dangerously.
3. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from ten to fifteen years:
a) Opium resin, cannabis resin, or cocaine extract with a weight of from one kilogram to less than five kilograms;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from thirty grams to less than one hundred grams;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from twenty-five kilograms to less than seventy-five kilograms;
d) Dried opium fruits with a weight of from two hundred kilograms to less than six hundred kilograms;
d) Fresh opium fruits with a weight of from 50 kilograms to less than 150 kilograms;
e) Other narcotic substances in solid form with a weight of from 100 grams to less than 300 grams;
g) Other narcotic substances in liquid form with a volume of from 250 milliliters to less than 750 milliliters;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
4. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of from fifteen to twenty years or life imprisonment:
a) Opium resin, cannabis resin, or cocaine extract with a weight of five kilograms or more;
b) Heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11 with a weight of one hundred grams or more;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of seventy-five kilograms or more;
d) Dried opium fruits with a weight of six hundred kilograms or more;
d) Fresh opium fruits with a weight of one hundred fifty kilograms or more;
e) Other narcotic substances in solid form with a weight of three hundred grams or more;
g) Other narcotic substances in liquid form with a volume of seven hundred fifty milliliters or more;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
5. In addition to the above penalties, the offender may also be fined from five million dong to five hundred million dong, prohibited from holding certain positions, engaging in certain professions, or performing certain tasks for a period of one to five years, or have part or all of their property confiscated.
Article 250. Offense of Illegally Transporting Narcotic Substances
1. Any person who illegally transports narcotic substances not for the purpose of producing, selling, or illegally storing narcotic substances, and such transportation falls under any of the following circumstances, shall be sentenced to imprisonment for a term of from three to seven years:
a) Has been administratively punished for the act prescribed in this Article or has been convicted of this offense or one of the offenses prescribed in Articles 248, 249, 251, 252, and 256a of this Code, and has not yet had the criminal record erased but commits the offense again;
b) Opium resin, cannabis resin, or cocaine extract with a weight of from one gram to less than five hundred grams;
c) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from zero point one gram to less than five grams;
d) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from one kilogram to less than ten kilograms;
đ) Dried opium fruits with a weight of from five kilograms to less than fifty kilograms;
e) Fresh opium fruits with a weight of from one kilogram to less than ten kilograms;
g) Other narcotic substances in solid form with a weight of from one gram to less than twenty grams;
h) Other narcotic substances in liquid form with a volume of from ten milliliters to less than one hundred milliliters;
i) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points b to h of this clause;
2. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of from seven to fifteen years:
a) Organized;
b) Committing the crime two or more times;
c) Taking advantage of position or authority;
d) Taking advantage of the name of an agency or organization;
đ) Using persons under sixteen years old in committing the crime;
e) Across the border;
g) Opium resin, cannabis resin, or cocaine extract with a weight of from five hundred grams to less than one kilogram;
h) Heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11 with a weight of from five grams to less than thirty grams;
i) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of from ten kilograms to less than twenty-five kilograms;
k) Dried opium fruits with a weight of from fifty kilograms to less than two hundred kilograms;
l) Fresh opium fruits with a weight of from ten kilograms to less than fifty kilograms;
m) Other narcotic substances in solid form with a weight of from twenty grams to less than one hundred grams;
n) Other narcotic substances in liquid form with a volume of from one hundred milliliters to less than two hundred fifty milliliters;
o) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances prescribed in any of points g through n of this clause;
p) Reoffending dangerously.
3. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from fifteen to twenty years:
a) Opium resin, cannabis resin, or cocaine extract with a weight of from one kilogram to less than five kilograms;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from thirty grams to less than one hundred grams;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from twenty-five kilograms to less than seventy-five kilograms;
d) Dried opium fruits with a weight of from two hundred kilograms to less than six hundred kilograms;
d) Fresh opium fruits with a weight of from 50 kilograms to less than 150 kilograms;
e) Other narcotic substances in solid form with a weight of from 100 grams to less than 300 grams;
g) Other narcotic substances in liquid form with a volume of from 250 milliliters to less than 750 milliliters;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
4. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of twenty years or life imprisonment:
a) Opium resin, cannabis resin, or cocaine extract with a weight of five kilograms or more;
b) Heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11 with a weight of one hundred grams or more;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of seventy-five kilograms or more;
d) Dried opium fruits with a weight of six hundred kilograms or more;
d) Fresh opium fruits with a weight of one hundred fifty kilograms or more;
e) Other narcotic substances in solid form with a weight of three hundred grams or more;
g) Other narcotic substances in liquid form with a volume of seven hundred fifty milliliters or more;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
5. In addition to the above penalties, the offender may also be fined from five million dong to five hundred million dong, prohibited from holding certain positions, engaging in certain professions, or performing certain tasks for a period of one to five years, or have part or all of their property confiscated.
Article 251. Offense of Illegally Selling Narcotic Substances
1. Any person who illegally sells narcotic substances shall be sentenced to imprisonment for a term of from three to seven years.
2. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from seven to fifteen years:
a) Organized;
b) Committing the crime two or more times;
c) For two or more persons;
d) By taking advantage of their position or authority;
d) By taking advantage of the name of an agency or organization;
e) Using a person under sixteen years old in committing the offense or selling drugs to a person under sixteen years old;
g) Across the border;
h) Opium resin, cannabis resin, or cocaine extract with a weight of from five hundred grams to less than one kilogram;
i) Heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11 with a weight of from five grams to less than thirty grams;
k) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of from ten kilograms to less than twenty-five kilograms;
l) Dried opium fruits with a weight of from fifty kilograms to less than two hundred kilograms;
m) Fresh opium fruits with a weight of from ten kilograms to less than fifty kilograms;
n) Other narcotic substances in solid form with a weight of from twenty grams to less than one hundred grams;
o) Other narcotic substances in liquid form with a volume of from one hundred milliliters to less than two hundred fifty milliliters;
p) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances prescribed in any of points h through o of this clause;
q) Reoffending dangerously.
3. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of from fifteen to twenty years:
a) Opium resin, cannabis resin, or cocaine extract with a weight of from one kilogram to less than five kilograms;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from thirty grams to less than one hundred grams;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from twenty-five kilograms to less than seventy-five kilograms;
d) Dried opium fruits with a weight of from two hundred kilograms to less than six hundred kilograms;
d) Fresh opium fruits with a weight of from 50 kilograms to less than 150 kilograms;
e) Other narcotic substances in solid form with a weight of from 100 grams to less than 300 grams;
g) Other narcotic substances in liquid form with a volume of from 250 milliliters to less than 750 milliliters;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
4. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of twenty years or life imprisonment:
a) Opium resin, cannabis resin, or cocaine extract with a weight of from five kilograms to less than thirty kilograms;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from one hundred grams to less than three kilograms;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of from seventy-five kilograms to less than one hundred fifty kilograms;
d) Dried opium fruits with a weight of from six hundred kilograms to less than one thousand two hundred kilograms;
d) Fresh opium fruits with a weight of from one hundred fifty kilograms to less than three hundred kilograms;
e) Other narcotic substances in solid form with a weight of from three hundred grams to less than nine kilograms;
g) Other narcotic substances in liquid form with a volume of from seven hundred fifty milliliters to less than twenty-two liters;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
5. In any of the following cases, the offender shall be sentenced to life imprisonment or death penalty:
a) Opium resin, cannabis resin, or cocaine extract with a weight of thirty kilograms or more;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of three kilograms or more;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of one hundred fifty kilograms or more;
d) Dried opium fruits with a weight of one thousand two hundred kilograms or more;
d) Fresh opium fruits with a weight of three hundred kilograms or more;
e) Other narcotic substances in solid form with a weight of nine kilograms or more;
g) Other narcotic substances in liquid form with a volume of twenty-two liters or more;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
6. In addition to the above penalties, the offender may also be fined from five million dong to five hundred million dong, prohibited from holding certain positions, engaging in certain professions, or performing certain tasks for a period of one to five years, or have part or all of their property confiscated.
Article 252. Crime of Misappropriating Narcotics
1. Any person who misappropriates narcotics under any form in one of the following cases shall be punished with imprisonment from one to five years:
a) Having been administratively sanctioned for the act prescribed in this Article or having been convicted of this crime or one of the crimes prescribed in Articles 248, 249, 250, 251, and 256a of this Code, and not yet having had the criminal record expunged, but still committing the offense;
b) Opium resin, cannabis resin, or cocaine extract with a weight of from one gram to less than five hundred grams;
c) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from zero point one gram to less than five grams;
d) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from one kilogram to less than ten kilograms;
đ) Dried opium fruits with a weight of from five kilograms to less than fifty kilograms;
e) Fresh opium fruits with a weight of from one kilogram to less than ten kilograms;
g) Other narcotic substances in solid form with a weight of from one gram to less than twenty grams;
h) Other narcotic substances in liquid form with a volume of from ten milliliters to less than one hundred milliliters;
i) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points b to h of this clause;
2. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from five to ten years:
a) Organized;
b) Committing the crime two or more times;
c) Taking advantage of position or authority;
d) Taking advantage of the name of an agency or organization;
đ) Using persons under sixteen years old in committing the crime;
e) Opium resin, cannabis resin, or cocaine extract with a weight of from five hundred grams to less than one kilogram;
g) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from five grams to less than thirty grams;
h) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from ten kilograms to less than twenty-five kilograms;
i) Dried opium fruits with a weight of from fifty kilograms to less than two hundred kilograms;
k) Fresh opium fruits with a weight of from ten kilograms to less than fifty kilograms;
l) Other narcotic substances in solid form with a weight of from twenty grams to less than one hundred grams;
m) Other narcotic substances in liquid form with a volume of from one hundred milliliters to less than two hundred fifty milliliters;
n) Possessing two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in points e to m of this clause;
o) Reoffending dangerously.
3. In any of the following cases, the offender shall be sentenced to imprisonment for a term of from ten to fifteen years:
a) Opium resin, cannabis resin, or cocaine extract with a weight of from one kilogram to less than five kilograms;
b) Heroin, Cocaine, Methamphetamine, Amphetamine, Ketamine, Fentanyl, MDMA, or XLR-11 with a weight of from thirty grams to less than one hundred grams;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, fruits of cannabis plants, or parts of other plants containing narcotics as prescribed by the Government with a weight of from twenty-five kilograms to less than seventy-five kilograms;
d) Dried opium fruits with a weight of from two hundred kilograms to less than six hundred kilograms;
d) Fresh opium fruits with a weight of from 50 kilograms to less than 150 kilograms;
e) Other narcotic substances in solid form with a weight of from 100 grams to less than 300 grams;
g) Other narcotic substances in liquid form with a volume of from 250 milliliters to less than 750 milliliters;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
4. If the offense falls under any of the following circumstances, the offender shall be sentenced to imprisonment for a term of from fifteen to twenty years or life imprisonment:
a) Opium resin, cannabis resin, or cocaine extract with a weight of five kilograms or more;
b) Heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA, or XLR-11 with a weight of one hundred grams or more;
c) Coca leaves; khat leaves (Catha edulis leaves); leaves, roots, stems, branches, flowers, or fruits of the cannabis plant or other parts of plants containing narcotic substances as prescribed by the Government with a weight of seventy-five kilograms or more;
d) Dried opium fruits with a weight of six hundred kilograms or more;
d) Fresh opium fruits with a weight of one hundred fifty kilograms or more;
e) Other narcotic substances in solid form with a weight of three hundred grams or more;
g) Other narcotic substances in liquid form with a volume of seven hundred fifty milliliters or more;
h) Two or more narcotic substances whose total weight or volume is equivalent to the weight or volume of narcotic substances specified in any of points a through g of this clause;
5. The offender may also be fined from VND 5,000,000 to VND 500,000,000, prohibited from holding office, practicing a profession, or performing a specific job for one to five years, or have part or all of their property confiscated.
19. Amend and supplement Clause 1 of Article 255 as follows:
“1. Any person who organizes the illegal use of narcotics under any form shall be punished with imprisonment from three to seven years.”
20. Add Article 256a after Article 256 as follows:
“Article 256a. Crime of Illegally Using Narcotics
1. Any person who illegally uses narcotics under one of the following circumstances shall be punished with imprisonment from two to three years:
a) During the compulsory drug rehabilitation period or during the substitution therapy period according to the provisions of the Law on Prevention and Control of Drugs;
b) During the post-rehabilitation management period according to the provisions of the Law on Prevention and Control of Drugs;
c) Within two years from the end of the post-rehabilitation management period and during the management period for persons using narcotics illegally according to the provisions of the Law on Prevention and Control of Drugs;
d) Within two years from voluntarily terminating drug rehabilitation or substitution therapy according to the provisions of the Law on Prevention and Control of Drugs.
2. Reoffending in this crime shall be punished with imprisonment from three to five years.
21. Amend and supplement Clauses 1, 2, and 5 of Article 317 as follows:
a) Amend and supplement Clause 1 and Clause 2 as follows:
“1. Any person who commits any of the following acts in violation of food safety regulations shall be fined from VND 100,000,000 to VND 400,000,000 or imprisoned for two to five years:
a) Using substances, chemicals, antibiotics, veterinary drugs, plant protection products, food additives, or food processing aids that are known to be banned or outside the permitted list for food production, where the product value is from VND 10,000,000 to less than VND 100,000,000, or has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime and not yet had the criminal record expunged, but still committing the offense;
b) Using animals that died from disease or epidemic or were destroyed according to the law to produce food or provide, sell food knowing that it originated from diseased or dead animals, where the product value is from VND 10,000,000 to less than VND 100,000,000, or has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime and not yet had the criminal record expunged, but still committing the offense;
c) Using substances, chemicals, antibiotics, veterinary drugs, plant protection products, food additives, or food processing aids that are known to be unapproved or not allowed to circulate in Vietnam in food production, where the product value is from VND 100,000,000 to less than VND 300,000,000, or the product value is from VND 50,000,000 to less than VND 100,000,000 but has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime and not yet had the criminal record expunged, but still committing the offense;
d) Importing, supplying, or selling food knowing that it contains banned or unapproved substances, chemicals, food additives, or food processing aids, where the product value is from VND 10,000,000 to less than VND 100,000,000, or illegal profit is from VND 5,000,000 to less than VND 20,000,000, or has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime and not yet had the criminal record expunged, but still committing the offense;
đ) Importing, supplying, or selling food knowing that it contains unapproved or not allowed to circulate in Vietnam substances, chemicals, food additives, or food processing aids, where the product value is from VND 100,000,000 to less than VND 300,000,000, or illegal profit is from VND 50,000,000 to less than VND 100,000,000; the product value is from VND 50,000,000 to less than VND 100,000,000, or illegal profit is from VND 20,000,000 to less than VND 50,000,000 but has been administratively sanctioned for one of the acts prescribed in this Article or has been convicted of this crime and not yet had the criminal record expunged, but still committing the offense;
e) Committing any of the acts prescribed in points a to đ of this clause or producing, supplying, or selling food knowing that it does not meet technical standards or food safety regulations causing poisoning affecting the health of from five to twenty people or causing harm to the health of others with a disability rate of from thirty-one percent to sixty percent.
2. If the crime occurs under one of the following circumstances, the punishment shall be a fine from VND 400,000,000 to VND 1,000,000,000 or imprisonment from three to seven years:
a) Organized;
b) Causing death;
c) Causing poisoning affecting the health of from twenty-one to one hundred people;
d) Causing harm to the health of others with a disability rate of sixty-one percent or more;
đ) Causing harm to the health of two or more people with a total disability rate of from sixty-one percent to one hundred twenty-one percent;
e) Food containing banned or unapproved substances, chemicals, antibiotics, veterinary drugs, plant protection products, food additives, or food processing aids, where the product value is from VND 100,000,000 to less than VND 300,000,000, or illegal profit is from VND 20,000,000 to less than VND 100,000,000;
g) Food containing raw materials from animals that died from disease or epidemic or were destroyed, where the product value is from VND 100,000,000 to less than VND 300,000,000;
h) Food containing unapproved or not allowed to circulate in Vietnam substances, chemicals, antibiotics, veterinary drugs, plant protection products, food additives, or food processing aids, where the product value is from VND 300,000,000 to less than VND 500,000,000, or illegal profit is from VND 100,000,000 to less than VND 200,000,000;
i) Dangerous recidivism.”
b) Amend and supplement Clause 5 as follows:
"5. The offender may also be fined from VND 40,000,000 to VND 200,000,000, prohibited from holding certain positions, practicing certain professions, or performing certain jobs for a period of one to five years."
22. Amend and supplement Clause 4 and Clause 5 of Article 353 as follows:
“4. Where the offense falls under any of the following circumstances, the offender shall be subject to imprisonment for twenty years or life imprisonment:
a) Seizing property valued at VND 1,000,000,000 or more;
b) Causing damage to property valued at VND 5,000,000,000 or more.
5. The offender shall also be prohibited from holding certain positions for a period of one to five years, may be fined from VND 60,000,000 to VND 200,000,000, and have part or all of their property confiscated.
23. Amend and supplement Clause 4 and Clause 5 of Article 354 as follows:
“4. Where the offense falls under any of the following circumstances, the offender shall be subject to imprisonment for twenty years or life imprisonment:
a) The bribe is money, property, or other material benefits valued at VND 1,000,000,000 or more;
b) Causing damage to property valued at VND 5,000,000,000 or more.
5. The offender shall also be prohibited from holding certain positions for a period of one to five years, may be fined from VND 60,000,000 to VND 200,000,000, and have part or all of their property confiscated.
24. Amend and supplement Clause 5 of Article 355 as follows:
"5. The offender shall also be prohibited from holding certain positions for a period of one to five years, may be fined from VND 60,000,000 to VND 200,000,000, and have part or all of their property confiscated."
25. Amend and supplement Clause 4 of Article 356 as follows:
"4. The offender shall also be prohibited from holding certain positions for a period of one to five years, may be fined from VND 20,000,000 to VND 200,000,000."
26. Amend and supplement Clause 5 of Article 357 as follows:
"5. The offender shall also be prohibited from holding certain positions for a period of one to five years, may be fined from VND 20,000,000 to VND 200,000,000."
27. Amend and supplement Clause 5 of Article 358 as follows:
"5. The offender shall also be prohibited from holding certain positions for a period of one to five years, may be fined from VND 60,000,000 to VND 200,000,000."
28. Amend and supplement Clause 5 of Article 359 as follows:
"5. The offender shall also be prohibited from holding certain positions or performing certain jobs for a period of one to five years, may be fined from VND 20,000,000 to VND 200,000,000."
29. Amend and supplement Clause 1 of Article 421 as follows:
"1. Any person who propagates, incites an aggressive war or prepares, carries out, participates in an aggressive war aimed at opposing the independence, sovereignty, and territorial integrity of a state or an independent region with sovereignty, shall be sentenced to imprisonment for twelve to twenty years or life imprisonment."
Article 2. Amend and supplement some articles of related laws
1. Amend, supplement, replace, and abolish some articles, clauses, and points of the Law on Enforcement of Criminal Sentences No. 41/2019/QH14, which has been amended and supplemented by Law No. 59/2024/QH15, as follows:
a) Amend and supplement Point b Clause 2 Article 68 as follows:
"b) With the agreement of the Public Security Office at the commune level in cases of changing residence within the administrative unit of the province, the Public Security Office at the provincial level in cases of changing residence outside the administrative unit of the province;"
b) Amend and supplement Point c Clause 4 Article 82 as follows:
"c) The Chairman of the Execution Board announces the execution decision, the decision not to appeal of the Chief Justice of the Supreme People's Court, and the decision not to appeal of the Procurator General of the Supreme People's Procuracy, the decision of the Supreme People's Court's Bench not accepting the appeal of the Chief Justice of the Supreme People's Court or the appeal of the Procurator General of the Supreme People's Procuracy, and the notification of the competent authority regarding the absence of a decision to reduce the death penalty.
Immediately after the Chairman of the Execution Board announces these decisions, the Criminal Enforcement Police and Judicial Support Police or the Judicial Support Guards are responsible for delivering the decisions to the person executing the sentence so that they can read them themselves. In cases where the person executing the sentence cannot read or does not know Vietnamese, the Death Penalty Execution Board designates someone to read or interpret the decisions for them. The process of announcing and reading the decisions must be photographed, recorded, and audio-recorded and kept in the file of the death penalty execution;"
c) Amend and supplement Clause 1 Article 115 as follows:
"1. In case of legitimate reasons, the person executing the sentence may be granted permission to leave the place of restriction. The authority to grant permission is as follows:
a) The Head of the Public Security Office at the commune level where the restriction is imposed grants permission to travel within the province where the restriction is imposed;
b) The head of the Criminal Enforcement Office at the provincial level grants permission to travel outside the province where the restriction is imposed;"
d) Replace the phrase "People's Court at the provincial level" with the phrase "People's Court in the area" in Clause 3 Article 36, Clause 3 Article 55, and Clause 1 Article 136;
đ) Replace the phrase "People's Court at the district level" with the phrase "People's Court in the area" in Clause 4 Article 90, Clauses 1, 3, and 5 Article 93, Clause 1 Article 102, and Clause 4 Article 103;
e) Replace the phrase "People's Committee at the district level" with the phrase "People's Committee at the provincial level" in Point d Clause 1 Article 192;
g) Abolish Point d Clause 1 Article 80, Point c Clause 1 Article 192, and Article 205.
2. Amend and supplement some articles and clauses of the Pardon Law No. 30/2018/QH14 as follows:
a) Amend and supplement Clause 2 Article 9 as follows:
"2. After being announced, the Decision on Pardon shall be posted at the prison and temporary detention center;"
b) Amend and supplement Point a Clause 1 Article 11 as follows:
"a) Having made significant progress, having good awareness of reform, and having been classified as having performed satisfactorily or excellently in each period of pardon decided by the President;"
c) Amend and supplement Point a Clause 3 Article 11 as follows:
"a) Having made significant contributions during the period of serving the criminal sentence, confirmed by the prison, temporary detention center, or another competent authority;"
d) Amend and supplement Point g Clause 3 Article 11 as follows:
"g) Women who are pregnant or have children under 36 months old living with them in the prison or temporary detention center;"
đ) Amend and supplement Clauses 1, 2, 3, and 4 Article 15 as follows:
"1. Upon receipt of the Decision on Pardon, the prison or temporary detention center must post and publicize it for the persons serving the criminal sentence to be aware of.
Within five days from the date the Decision on Pardon is posted and publicized, persons serving a fixed-term sentence or life imprisonment but have been reduced to a fixed-term sentence based on Articles 11 and 12 of this Law may submit a request for pardon.
2. Within ten days from the date the Decision on Pardon is posted and publicized, the list and dossier of persons meeting the conditions for requesting pardon shall be compiled as follows:
a) The warden of the detention center under the Ministry of Public Security shall prepare a list and file of persons who meet the conditions for special amnesty and submit it to the Inter-ministerial Review Board;
b) The warden of the temporary detention center under the Ministry of Public Security shall prepare a list and file of persons who meet the conditions for special amnesty, report to the head of the directly managing agency, and submit it to the Inter-ministerial Review Board;
c) The warden of the temporary detention center under the provincial public security organ shall prepare a list and file of persons who meet the conditions for special amnesty, report to the head of the criminal enforcement agency of the provincial public security organ, and submit it to the Inter-ministerial Review Board;
d) In cases where a person serving a prison sentence at a detention center or temporary detention center is extracted for investigation, prosecution, or trial but is not pursued for criminal responsibility for another criminal act, if they meet the conditions for special amnesty, the warden of the detention center or temporary detention center managing the original file shall prepare a special amnesty request file. The warden of the temporary detention center receiving the extracted person but not managing the original file shall cooperate with the agency managing the original file to prepare the special amnesty request file;
đ) The warden of the detention center, the warden of the temporary detention center under the Ministry of National Defense, or the head of the criminal enforcement agency at the military region level shall prepare a list and file of persons who meet the conditions for special amnesty, report to the head of the criminal enforcement agency of the Ministry of National Defense, and submit it to the Inter-ministerial Review Board.
3. Within fifteen days from the date the Decision on Special Amnesty is published and announced through mass media, the Chief Justice of the Court that issued the decision to temporarily suspend the execution of the custodial sentence shall be responsible for informing the Decision on Special Amnesty to those whose sentences are temporarily suspended, preparing a list and file of persons who meet the conditions for special amnesty, and submitting it to the Inter-ministerial Review Board.
In cases where a person whose sentence is temporarily suspended resides outside the administrative boundaries of the court that issued the temporary suspension decision, the court issuing the temporary suspension decision shall notify the People's Court of the locality, the Military Court of the locality where the person resides to prepare a list and file of persons proposed for special amnesty, transfer them to the court that issued the temporary suspension decision for consolidation, and submit them to the Inter-ministerial Review Board.
4. The wardens of detention centers and temporary detention centers, the Chief Justices of Provincial People's Courts, and the Chief Justices of Military Region Military Courts shall be responsible for publicly announcing and posting the list of persons proposed for special amnesty.
e) Amend and supplement Article 18 as follows:
“Article 18. Implementation of the Special Amnesty Decision
1. The Office of the President shall take the lead and coordinate with relevant agencies to organize the announcement of the Special Amnesty Decision. The Special Amnesty Decision shall be announced through mass media.
The Special Amnesty Decision and the list of persons granted amnesty shall be posted at the detention center or temporary detention center where the person is serving their sentence, and a written notification shall be sent to the People's Committee of the commune, military unit where the person resides or works; in cases where the person granted amnesty was previously temporarily suspended from serving their sentence, a written notification shall be sent to the People's Committee of the commune where the person resides or the military unit responsible for managing the person.
2. The wardens of detention centers and temporary detention centers, the heads of criminal enforcement agencies at the military region level, the Chief Justices of Provincial People's Courts, and the Chief Justices of Military Region Military Courts shall organize the announcement and implementation of the Special Amnesty Decision for those granted amnesty.
3. The wardens of detention centers and temporary detention centers under the Ministry of Public Security and the Ministry of National Defense; the warden of the detention center under the military region shall issue an amnesty certificate for persons serving custodial sentences at detention centers and temporary detention centers who have been granted amnesty.
The head of the criminal enforcement agency of the provincial public security organ shall issue an amnesty certificate for persons serving custodial sentences at provincial temporary detention centers who have been granted amnesty.
The head of the criminal enforcement agency at the military region level shall issue an amnesty certificate for persons serving custodial sentences at military region temporary detention centers who have been granted amnesty.
The Chief Justices of Provincial People's Courts and Military Region Military Courts shall issue an amnesty certificate for persons whose sentences were temporarily suspended and who have been granted amnesty.
4. The entity that issues the amnesty certificate shall be responsible for sending a copy of the certificate to the court that issued the enforcement decision, the agency responsible for enforcing supplementary penalties, the civil enforcement agency that has not yet had the conditions to enforce the decision, the police station of the commune, the People's Committee of the commune, the organization, military unit where the person granted amnesty resides or works, and the agency receiving the extracted person.
In cases where the place of residence of the person granted amnesty cannot be determined, the agency issuing the amnesty certificate shall be responsible for contacting the police station of the commune or the organization, military unit to receive the person granted amnesty and send a copy of the certificate to the People's Committee of the commune where the person will reside or the agency, organization, military unit where the person will work.
g) Amend and supplement Clause 1 of Article 27 as follows:
“1. Take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Vietnam Fatherland Front Central Committee, the Ministry of Justice, and related agencies to inspect the special amnesty activities at detention centers, temporary detention centers, and criminal enforcement agencies of provincial public security organs.”
h) Amend and supplement Clause 2 of Article 29 as follows:
“2. Guide, inspect, and urge Provincial People's Courts, People's Courts of the locality, Military Region Military Courts, and Military Region Military Courts to prepare lists and files for special amnesty requests, organize the implementation of Decisions on Special Amnesty and Special Amnesty Decisions according to this Law.”
i) Amend and supplement Clause 1 of Article 31 as follows:
“1. Direct the civil enforcement agency to cooperate with detention centers, temporary detention centers, criminal enforcement agencies of provincial public security organs, criminal enforcement agencies at the military region level, Provincial People's Courts, People's Courts of the locality, Military Region Military Courts, Military Region Military Courts, Provincial People's Procuracies, People's Procuracies of the locality, Military Region Military Procuracies, and Military Region Military Procuracies in matters:
a) Providing information and related documents concerning civil obligations in criminal judgments and decisions of persons who meet the conditions for special amnesty requests.
b) Receive, transfer documents, money, assets from persons who have paid fines, had their property confiscated, compensated for damages, or fulfilled other civil obligations.
3. Amend, supplement, replace, and abolish certain Articles, Clauses, Points of the Law on Preventing and Combating Trafficking in Persons No. 53/2024/QH15 as follows:
a) Amend and supplement Article 27 and Article 28 as follows:
“Article 27. Receiving and Verifying Reports
1. Any person who has grounds to believe that they are a victim or the lawful representative who has grounds to believe that the person they represent is a victim shall report to the People's Committee of the commune, public security agency, border guard force, maritime police, or nearest organization or entity. The public security agency, border guard force, maritime police, organization, or entity receiving the report shall immediately transport the person to the People's Committee of the commune where the organization or entity is located. The People's Committee of the commune shall immediately notify the specialized health authority of the province. In cases of necessity, the People's Committee of the commune that received the report shall implement support according to Chapter V of this Law.
2. Upon receipt of notification from the People's Committee of the commune, the specialized health authority of the province shall immediately carry out the reception and support and within no more than three days must take the lead and coordinate with the provincial public security agency to verify initial information.
After verifying initial information, if there are no documents specified in Clause 1 of Article 33 of this Law, the specialized health authority of the province shall request the provincial public security agency to verify the victim.
3. Within twenty days from the date of receiving the request from the specialized health authority of the province, the provincial public security agency shall be responsible for verifying the victim and responding in writing to the requesting agency.
For complex cases, the verification period for the victim shall not exceed two months; if the victim cannot be identified within two months, the verification period may be extended, but the total verification period shall not exceed four months.
4. Immediately upon completion of the verification or at the end of the period stipulated in Clause 3 of this Article, the provincial public security agency shall issue one of the documents specified in Point a of Clause 1 of Article 33 of this Law.
5. After receiving the report, the specialized health authority of the province shall provide support to the victim and the person being verified as a victim according to Chapter V of this Law. If they wish to return to their place of residence, they shall be supported with travel expenses; if they need health care, psychological support, or if their place of residence cannot be determined and they wish to stay temporarily, the specialized health authority of the province shall transfer them to a social assistance facility or victim support facility.
For victims and persons being verified as victims who are children, the specialized health authority of the province shall be responsible for notifying relatives to come and receive them or arrange for them to be transported to the place of residence of their relatives. If there is no place of refuge or there is evidence that they may be in danger when returned to the place of residence of their relatives, they shall be transferred to a social assistance facility or victim support facility.
6. The Government shall provide detailed regulations for this Article.
Article 28. Reception and verification of rescued victims
1. The agencies, units, and persons with authority in the People's Public Security and the People's Armed Forces who have rescued victims shall provide first aid and emergency care if they are injured or their health is impaired, support essential needs, provide translation assistance, and immediately transport them to the specialized medical agency at the provincial level nearest to where they were rescued.
The rescue agency is responsible for verifying and issuing confirmation certificates in accordance with point a, Clause 1, Article 33 of this Law for rescued individuals; in cases where there is insufficient evidence to determine the victim, after receiving them, the provincial-level specialized medical agency shall request the provincial public security agency to conduct verification of the victim; the time limit for verification and issuance of confirmation certificates shall be carried out in accordance with Clause 3 and Clause 4, Article 27 of this Law.
2. After reception, the provincial-level specialized medical agency shall implement support for rescued individuals in accordance with Clause 5, Article 27 and Chapter V of this Law.
3. The Government shall specify the details of this Article.
b) Amend and supplement Article 30 and Article 31 as follows:
“Article 30. Reception and verification of victims returning from abroad
1. The reception, verification, and support of victims returning from abroad through Vietnamese representative offices abroad shall be carried out as follows:
a) Vietnamese representative offices abroad shall receive and process information and documents about victims and cooperate with authorized agencies of the Ministry of Public Security in verifying the identity of victims, issuing necessary documents, and handling procedures for repatriation;
b) Authorized agencies of the Ministry of Public Security and the Ministry of National Defense shall carry out reception; conduct verification and issue one of the certificates or documents confirming the victim as requested by Vietnamese representative offices abroad in accordance with Clause 3, Article 29 of this Law; provide essential need support, translation support, and medical support when necessary, and immediately transport them to the specialized medical agency at the provincial level where they were received to implement support in accordance with Chapter V of this Law.
If they wish to return to their place of residence, they shall be supported with travel expenses; if they require health or psychological care or cannot be determined to have a place of residence but wish to stay temporarily, they shall be transferred to social assistance facilities or victim support facilities.
In cases where the victim is a child, the provincial-level specialized medical agency shall be responsible for notifying relatives to come and receive them or arranging for someone to take them back to the place of residence of their relatives; if there is no place of refuge or there is evidence that they may be in danger when taken back to the place of residence of their relatives, procedures shall be followed to transfer them to social assistance facilities or victim support facilities.
2. The reception of persons returning to Vietnam under bilateral international agreements related to preventing and combating trafficking in persons shall be carried out in accordance with those agreements.
The agency that has received them shall be responsible for verification within the time limit specified in Clause 3, Article 27 and issuing one of the certificates or documents as stipulated in Clause 1, Article 33 of this Law; providing essential need support, medical support, and translation support when necessary, and immediately transporting them to the specialized medical agency at the provincial level where they were received to implement support in accordance with Chapter V of this Law.
3. The Government shall provide detailed regulations on this Article.
Article 31. Receiving, verifying, rescuing and repatriating foreign nationals trafficked in Vietnam
1. Upon receiving information and documents about foreign nationals trafficked in Vietnam from competent authorities of foreign countries, international organizations, domestic agencies or organizations, or from individuals who report such incidents, the agency or organization that receives the information and documents shall immediately inform the provincial police where the foreign national is present to verify and rescue them.
In cases where through operational activities, signs of trafficking of foreign nationals in Vietnam are discovered, or when foreign nationals report themselves as victims of trafficking, competent units and individuals within the People's Public Security and the People's Armed Forces shall conduct rescue operations and verification.
Once there is sufficient evidence to determine that the rescued individual or self-reporting victim is indeed a victim, the agency that conducted the rescue and received the report shall issue a confirmation certificate as prescribed in Clause 1 of Article 33 of this Law before transferring the case.
2. After receiving or rescuing foreign nationals, the competent authority specified in Clause 1 of this Article shall provide first aid and emergency medical care if they are injured or have health issues; support essential needs, provide translation services, and transport them to the specialized health agency at the provincial level where the receiving agency is located or where they were rescued.
3. After receiving foreign nationals trafficked in Vietnam, the provincial specialized health agency shall provide support according to the provisions of Chapter V of this Law and notify the provincial specialized foreign affairs agency, the Exit and Entry Administration Department of the provincial police, to carry out tasks for repatriation to their country of citizenship or habitual residence.
4. Upon receipt of a diplomatic note from the representative office of the foreign country where the victim is a citizen or habitual resident, agreeing to accept the return accompanied by valid travel documents issued to the victim, the competent authority of the Ministry of Foreign Affairs shall coordinate with the foreign side on matters related to returning the victim to their home country, then notify in writing and transfer the victim’s travel documents to the competent authority of the Ministry of Public Security.
5. The competent authority of the Ministry of Public Security shall be responsible for issuing visas and temporary residence certificates for the victim, notifying the plan to return the victim to their home country to the Exit and Entry Administration Department of the provincial police, the provincial specialized health agency where the victim is being held, the airport border guard unit or border defense force where the victim will depart, the representative office of the foreign country where the victim is a citizen or habitual resident, and relevant international organizations to cooperate in returning the victim to their home country.
6. The provincial specialized health agency where the victim is being held shall direct social assistance facilities or victim support facilities to transport the victim to the border gate and coordinate with relevant agencies to implement the repatriation process.
7. The Government shall specify detailed regulations for this Article.
c) Amend and supplement point a of Clause 2 of Article 33 as follows:
“a) Provincial police as stipulated in Clause 4 of Article 27 and Clause 1 of Article 28 of this Law;”
d) Amend and supplement Clause 4 of Article 46 as follows:
“4. The provincial specialized health agency shall provide travel cost support, translation support, medical support, psychological support, cultural education support, vocational training support, job placement advice, initial hardship assistance, and loan support.”
đ) Amend and supplement Article 53 as follows:
“Article 53. Responsibilities of the Ministry of Health
1. Issue by its authority or submit to competent authorities for issuance of legal normative documents on support policies for victims and persons currently being identified as victims.
2. Guide, manage, and inspect work related to supporting victims and persons currently being identified as victims.
3. Provide guidance on medical treatment and psychological support.
4. Carry out the task of receiving information, reports, and accusations regarding human trafficking to the national hotline against human trafficking.
5. Take the lead in coordinating with the Ministry of Public Security to guide healthcare facilities in detecting, reporting, and providing information on cases suspected of human trafficking, organ trafficking, and agreements on selling people while they are still fetuses.
6. Implement international cooperation in preventing and combating human trafficking within its authority.”
e) Replace the phrase "commune, ward, town" with "commune, ward, special zone" in Clause 1, Article 22;
g) Remove the phrase “, inspection” at Clause 2, Article 55;
h) Repeal Article 52.
4. Amend, supplement, replace, and abolish certain articles, clauses, and points of the Law on People's Police of Vietnam No. 37/2018/QH14, which has been amended and supplemented by Laws No. 21/2023/QH15, No. 30/2023/QH15, No. 38/2024/QH15, and No. 52/2024/QH15 as follows:
a) Amend and supplement Clauses 5, 6, and 7 of Article 16 as follows:
“5. Implement management over national security protection and state secrets protection; take the lead in implementing management over entry, exit, transit, and residence of foreigners in Vietnam; manage the exit and entry of Vietnamese citizens according to the provisions of the law; control entry, exit, and transit at border gates according to the provisions of the law; take the lead in managing and ensuring aviation security; perform tasks of protecting national security and maintaining public order and safety in border areas, border gates, islands, maritime zones, and airspace according to the provisions of the law; coordinate with the People's Army, relevant sectors, and local authorities in managing and protecting the national border, border gates, islands, maritime zones, and airspace according to the provisions of the law, international treaties to which the Socialist Republic of Vietnam is a member, and related international agreements.
6. Implement management over information security, cyber security, cyber security protection, and prevention and combat of cybercrime according to the provisions of the law.
7. Implement management over investigation work and crime prevention. Take the lead in performing tasks of preventing and combating terrorism, riots, and resolving complex situations concerning national security and public order and safety according to the provisions of the law. Proactively prevent, detect, stop, and combat crimes and violations of laws related to public order and safety, environmental protection, natural resources, and food safety; receive and handle reports and accusations about crimes and recommendations for prosecution; initiate and investigate crimes according to the provisions of the law; carry out criminal statistics work; identify causes and conditions for the emergence of crimes and violations of laws related to public order and safety and environmental protection, and recommend measures to address them; implement drug rehabilitation work and post-rehabilitation management; educate law violators in the community according to the provisions of the law.”
b) Amend and supplement Clause 10 of Article 16 as follows:
“10. Implement management over residence, national population database, identity card database, judicial record database, seals, traffic order and safety, public order, weapons, explosives, explosive precursors, supportive tools, fire prevention, firefighting, and rescue operations according to the provisions of the law; issue and manage identity cards and other personal documents; implement management over judicial records and provide public services for issuing criminal record certificates; register, issue, and manage vehicle registration plates for motor vehicles; implement management over driving license examinations and issuance; carry out fire prevention, firefighting, rescue operations, and manage security and order for industries and trades subject to conditional business operation according to the provisions of the law.”
c) Amend and supplement Clause 1 of Article 17 as follows:
“1. The organizational system of the People's Police includes:
a) The Ministry of Public Security;
b) Provincial and municipal police;
c) Commune, ward, and special zone police;
d) Police units in special administrative-economic zones.”
d) Amend and supplement Clause 2 of Article 18 as follows:
“2. The Minister of Public Security shall stipulate the functions, tasks, powers, and organizational structure of subordinate units under the Ministry, provincial and municipal police, commune, ward, and special zone police, and other units within the People's Police.”
đ) Amend and supplement Point d and Point đ of Clause 1 of Article 24 as follows:
“d) Chief of Department; Brigade Commander;
đ) Team Leader; Chief of Commune, Ward, and Special Zone Police; Battalion Commander;”
e) Supplement Clause 3a after Clause 3 of Article 33 as follows:
“3a. The State allocates land from the fund designated for social housing development according to the law on housing and land recovery according to the law on land to transfer to the Ministry of Public Security as the principal agency, deciding and approving investment proposals, selecting investors to implement housing development projects according to the law on housing and other relevant laws in accordance with the needs of the Ministry of Public Security.”
g) Amend and supplement Clause 6 of Article 38 as follows:
“6. Operational officers and technical officers receive policies on residential land, housing allowances, and guaranteed official housing; officers, non-commissioned officers, and soldiers of the People's Police enjoy social housing policies according to the law.”
h) Replace the phrase “provincial and centrally-administered city police” with “provincial and city police” in Point c of Clause 1 of Article 24;
i) Replace the phrase “National Defense and Security Committee” with “National Defense, Security, and Foreign Affairs Committee” in Point b of Clause 1 of Article 25;
k) Repeal Clause 2 of Article 17.
Article 3. Effectiveness
This Law shall take effect from July 1, 2025.
Article 4. Transitional Provisions
1. From July 1, 2025, this Law shall be implemented as follows:
a) The provisions of Article 1 of this Law shall be applied for the initiation of criminal proceedings, investigation, prosecution, trial, and enforcement of sentences against persons who commit criminal acts from 00 hours 00 minutes on July 1, 2025;
b) The favorable provisions for offenders set forth in Articles 40, 63, 109, 110, 114, 194, 248, 250, 251, 353, 354, and 421 of the Penal Code No. 100/2015/QH13, which have been amended and supplemented by Laws No. 12/2017/QH14 and No. 59/2024/QH15 (hereinafter referred to as the Penal Code), as amended and supplemented in Clauses 1, 4, 5, 6, 7, 10, 18, 22, 23, and 29 of Article 1 of this Law and other favorable provisions shall be applied to all criminal acts occurring before 00 hours 00 minutes on July 1, 2025, that are discovered or under investigation, prosecution, or trial after that time;
c) The unfavorable provisions for offenders set forth in Articles 63, 192, 193, 194, 195, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 248, 249, 250, 251, 252, 255, 317, 353, 354, 355, 356, 357, 358, and 359 of the Penal Code, as amended and supplemented in Clauses 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, and 28 of Article 1 of this Law and other unfavorable provisions shall not be applied to criminal acts occurring before 00 hours 00 minutes on July 1, 2025, that are discovered or under investigation, prosecution, or trial after that time or to offenders currently being considered for reduction of sentence duration or expungement of criminal records; in such cases, the corresponding provisions of criminal laws in effect before 00 hours 00 minutes on July 1, 2025, shall be applied for resolution, except as provided in Clause 4 of this Article;
d) For criminal acts that have final judgments or decisions of the Court in force before 00 hours 00 minutes on July 1, 2025, the provisions of this Law with different content from the articles applied at the time of sentencing shall not serve as grounds for filing cassation appeals; in cases where appeals are based on other grounds or filed before July 1, 2025, the cassation trial shall apply the provisions of points b and c of this clause;
2. Death penalties pronounced before July 1, 2025, for offenders convicted of crimes stipulated in Articles 109, 110, 114, 194, 250, 353, 354, and 421 of the Penal Code or those falling within the scope specified in point c, Clause 3, Article 40 of the Penal Code, as amended and supplemented in Clause 1 of Article 1 of this Law, and not yet enforced, shall not be enforced, and the President of the Supreme People's Court shall decide to convert the death penalty to life imprisonment;
3. Death penalties pronounced before July 1, 2025, for offenders convicted of crimes stipulated in Article 248 or Article 251 of the Penal Code, and not yet enforced, shall not be enforced, and the President of the Supreme People's Court shall decide to convert the death penalty to life imprisonment in the following cases:
a) The quantity or volume of narcotics determined in the judgment to impose the sentence is equal to or less than the minimum quantity or volume of narcotics prescribed in Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code, as amended and supplemented in Clause 18 of Article 1 of this Law;
b) The quantity or volume of narcotics determined in the judgment to impose the sentence exceeds the minimum quantity or volume of narcotics prescribed in Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code, as amended and supplemented in Clause 18 of Article 1 of this Law, but the offender is not the principal instigator, leader, or commander, or does not have two aggravating circumstances or more;
4. Offenders convicted of crimes stipulated in Articles 353 and 354 of the Penal Code, who are converted to life imprisonment according to Clause 2 of this Article, shall still apply the provisions of point a, Clause 4, Article 1 of this Law when considering reduction of the imposed sentence;
5. When considering reduction of the imposed sentence for offenders convicted of crimes stipulated in Articles 353 and 354 of the Penal Code, the provisions of point a, Clause 4, Article 1 of this Law shall not be applied to sentences of life imprisonment pronounced before July 1, 2025;
6. Responsibilities for implementing this Law are as follows:
a) The Supreme People's Court shall take the lead and coordinate with the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Procuracy, and relevant agencies to organize the review of death row inmates eligible for conversion to life imprisonment according to Clauses 2 and 3 of this Article;
b) The Government, the Supreme People's Court, and the Supreme People's Procuracy, within their respective functions, tasks, and powers, shall cooperate to organize the review of related documents to promptly revoke, amend, supplement, or issue new documents or propose the National Assembly and the Standing Committee of the National Assembly to revoke, amend, supplement, or issue new normative legal documents in accordance with the provisions of this Law.
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