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| A police officer takes statements from foreign nationals caught red-handed illegally using drugs at a hotel in Thu Duc ward, Ho Chi Minh City__Photo: dantri.com |
My friend, a foreign national, was arrested at a pub in Vietnam on suspicion of illegally using narcotic substances. What constitutes illegal use of narcotic substances, and could a foreign national face criminal liability for such conduct?
Under Article 2.9 of the 2025 Law on Drug Prevention and Control, a person is considered to have illegally used narcotic substances if he uses such substances without permission from an authorised person or competent specialised agency and tests positive for narcotic substances.
The legal consequences depend on the circumstances. Illegal use of narcotic substances may give rise to criminal liability in certain cases. Where the conduct does not constitute a case subject to criminal liability, administrative penalties may apply.
Under Article 256a of the Penal Code, as revised in 2025, a person who illegally uses narcotic substances may face imprisonment of between two and three years if the act is committed while he is:
(i) undergoing drug rehabilitation or opioid substitution treatment;
(ii) subject to post-rehabilitation management;
(iii) within two years after the end of post-rehabilitation management and still subject to management due to illegal use of narcotic substances; or,
(iv) within two years after voluntarily discontinuing voluntary drug rehabilitation or opioid substitution treatment.
A repeat offence is punishable by imprisonment of between three and five years.
It should be noted that the Penal Code generally applies to criminal offences committed within Vietnam, regardless of the offender’s nationality, even when the offences or their consequences occur on aircraft or vessels bearing Vietnamese nationality, or within Vietnam’s exclusive economic zone or continental shelf.
An exception may apply to foreign nationals entitled to diplomatic or consular immunities under Vietnam’s law, a treaty to which Vietnam is a contracting party, or international practice. In such cases, criminal liability will be dealt with in accordance with the relevant treaty or international practice. If the treaty contains no relevant provision and no applicable international practice exists, the matter will be resolved through diplomatic channels.
In your friend’s case, the alleged conduct may result in an administrative penalty or, if the conditions prescribed by the Penal Code are met, criminal liability. The consequences will depend on the specific circumstances of the case. Diplomatic or consular immunities, where applicable, may also affect how the case is handled.
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| A Russian national stands trial at the People’s Court of Lam Dong province on a charge of illegal possession of narcotics__Photo: nhandan.vn |
If a foreign national illegally uses narcotic substances but is not subject to criminal liability, what administrative penalties may apply? Could the violator also be deported from Vietnam?
Under Article 30.1 of Decree 282/2025/ND-CP, a person who illegally uses narcotic substances but is not subject to criminal liability may receive a warning or a fine of between VND 1 million and VND 2 million.
This generally applies to first-time offenders who are not undergoing drug rehabilitation or opioid substitution treatment or subject to drug-user or post-rehabilitation management.
Separate, higher fines may apply to other violations of drug prevention and control regulations. For example, a fine of between VND 10 million and VND 20 million may be imposed for resisting or obstructing drug testing, the determination of drug dependence, the management of illegal drug users, drug rehabilitation, or post-rehabilitation management.
In addition to administrative penalties, a person who illegally uses narcotic substances may be subject to a one-year management by the competent commune-level authorities. He must also abide by summonses and requests from competent authorities and undertake to complying with law.
If the violator is absent from his place of residence, the absence must be reported to the commune-level public security authority. Before changing residence, he must also notify the public security office at the former place of residence and report to the office at the new place of residence within 24 hours of arrival.
In case the violator is a foreign national, illegal use of narcotic substances alone does not automatically result in the deportation. However, deportation may be imposed as an additional administrative penalty for certain other violations of drug prevention and control regulations. These include retaliating against or obstructing persons performing drug prevention and control duties, or obstructing other persons participating in such activities.
Whether deportation is imposed will depend on the specific violation and the circumstances of the case.- (VLLF)
