Vietnam makes repeat drug use a crime again
possession 1 · cultivation 0 · enforcement 10 · sharing 0 · consumption 1 · access 0
Changelog 548777b
2 history entries added4 history entries edited1 score changed2 articles written1 article edited2 files of code, design or docs +505 −73 lines
possession 1 · cultivation 0 · enforcement 10 · sharing 0 · consumption 1 · access 0
possession 1 · cultivation 0 · enforcement 10 · sharing 0 · consumption 0 · access 0
1997-05-22
Vietnam makescriminalises continued drug use a crimeafter compulsory treatment
The fourth amendment of the Criminal Code made using drugsContinued illegal drug use after repeated education and administrative placement in compulsory treatment became punishable by three months to fivetwo years in prison and spread capital punishment across seven; repeat offending carried two to five years.[@1] The expanded drug articleschapter also named cannabis in cultivation and quantity-based possession offences, retaining life or death for large quantities.[@1] The Supreme People’s Court confirmed commencement on 22 May and barred retrospective application of new offences or heavier penalties.[@2]
possession 1 · cultivation 0 · enforcement 10 · sharing 0 · consumption 1 · access 0
Penal Code amendment adopted 10 May 1997, government original RTF
Supreme People’s Court — Official Letter 59/KHXX, 6 June 1997
Research Square — Government and law enforcement perspectives on the drug decriminalisation policy in Vietnam
sentencing, treatment
vietnam-organising-drug-use-1986, vietnam-death-penalty-1989, vietnam-cannabis-penalties-2000, vietnam-use-decriminalised-2009
The amendment adopted on 28 December 1989 added Article 96a to the 1985 Penal Code, combining unlawfulUnlawful manufacture, possession, sale and transport of drugs in one provision. Its basic penalty wascarried two to seven years; particularly serious in prison, five to fifteen years in aggravated cases attracted, and twelve to twenty years, life imprisonment or death in particularly serious cases. This introduced a dedicated capital drug offence. The reproduced law's[@1] Parliament adopted the amendment on 28 December 1989; the legislative metadata recordsrecord gives commencement onas 2 January 1990; the stable event ID retains the adoption year.[@1,2] The 1997 amendment later replaced this combined offence with separate drug offences and explicit cannabis quantity tables.[@3]
Penal Code amendment of 28 December 1989, original-text reproduction
National legal database — 1989 Penal Code amendment
Penal Code amendment adopted 10 May 1997, government original RTF
Vietnam National Assembly — Penal Code amendment of 28 December 1989, reproduced by Caselaw Vietnam
vietnam-organising-drug-use-1986, vietnam-cannabis-penalties-2000, vietnam-use-criminalised-1997
enforcement 1 → 0
Small-scale users get fines;Illegal cannabis sale can bring life imprisonment or death from 30 kg of resin or 150 kg of the real threats are compulsory rehabilitation for locals and extremely harsh trafficking penaltieslisted plant parts under Article 251, as amended from 1 July 2025.[@a251] The preceding band, from 5 kg of resin or 75 kg of those plant parts, carries twenty years or life.[@a251]
ln1a251
On 28 December 1989
Vietnam adopted an amendment toadded a drug offence carrying a possible death sentence when its Criminal Code of 19851989 criminal-law amendment took effect on 2 January 1990. New Article 96a combined unlawful[@1,2] Unlawful manufacture, possession, sale and transport of drugs in one provision. The basic sentence waswere grouped together, with two to seven years; particularly in prison as the basic punishment.[@1] Particularly serious cases could receivebring twelve to twenty years, life imprisonment or death. The reproduced law's legislative metadata gives 2 January 1990 as its commencement date. The amendment introduced a dedicated capital drug offence.[@1]
## From one article to sevenOrganising drug use already carried prison terms
The provision grew through the 1990s.
| Date | Change |
|[1985 criminal code](/history/vietnam-organising-drug-|use---|
| 28 December 1989; effective 2 January 1990 | Article 96a combines four forms1986/) had already punished people who organised the use of drug conductnarcotics in any form.[@3] Its basic sentence was six months to five years; death is available for particularly serious cases |
| 10 May 1997 | Article 96a is split into separate provisions, all keeping death; the study read here counts sevenconsequences or dangerous repeat offending raised that to three to ten years.[@3]
That rule targeted organising other people's drug articles carrying death, among 44 in the code |
| 1999 |use.[@3] The amendment added a new Criminal Code narrows the death penaltyseparate route to 29 articles; storing, transporting, tradingprosecution covering the manufacture and appropriatingmovement of drugs are merged into one article |
| 2009 | using drugs stops being a crime and becomes an administrative matter |
| 2015 | a new code, in force from as well as keeping and selling them.[@1] Parliament adopted it on 28 December 1989, shortly before its January 2018commencement.[@1, keeps death for three drug crimes |2]
## One offence covered several kinds of conduct
The death penalty undernew offence placed a person keeping drugs and a person selling them within the 2015 code
same statutory penalty ladder.[@1] The 2015 code retained deathbasic two-to-seven-year term rose to five to fifteen years for illegally manufacturingorganised or professional offending, transporting and trading in narcotics, while removing it for possession and appropriation. This describes that codeabuse of an official position or an organisation's original schemename, before subsequent amendments. Its thresholds included:
- 5 kglarge quantities or more of cannabis resinvalue, opium resin or coca paste;
- 75 kg or more of cannabis leaveslarge illicit profits, roots, branches, flowers or fruit;
- 100 g or more of heroin, cocaine or methamphetaminedangerous repeat offending.
These provisions included cannabis, at 75 kg of plant material against 100 g of heroin.
## How much it is used[@1]
The figures are fragmentaryhighest band applied to cases described as particularly serious. The study cites a count of 22[@1] Within that band,058 people sentenced for drug offences, without giving the period: 288 to deathcourt could choose a fixed prison term, 255 to life imprisonment, 2,292 to between ten and twenty years, and the rest to shorter terms. Between 1993 and 2010 about 2,600 people were sentenced to or death in Vietnam for all crimes together. Data on the death penalty has been treated as a state secret since the 2000s.
[@1] The study itself is not consistent on every point. It says in one place that the 1985 code hadamendment's wording supplied no capital drug offencescannabis-specific weight table: seriousness and in another that it had seven, and it gives two different dates foraggravating circumstances determined the end of the death penalty for organising drug use. For the 1989 provision, the statutory text reproduced by Caselaw Vietnam supplies the wording and penaltyavailable bands directlyin this text.[@1]
## Why the index movedLater laws named cannabis quantities
The index moved [VietnamMay 1997 amendment](/countryhistory/vnvietnam-use-criminalised-1997/) from 8 to 6replaced the combined offence with separate drug offences and expressly listed cannabis resin and cannabis leaves, flowers and fruit.[@4] Possession of at least five kilograms of resin or seventy-five kilograms of the listed plant material entered a band carrying life imprisonment or death.[1989 amendment@4]
The replacement [code operating from 2000](/history/vietnam-deathcannabis-penaltypenalties-19892000/) brought possession, transport, trade and appropriation back together. Enforcement falls from 2[@5] It retained those cannabis quantity thresholds, while allowing twenty years as an alternative to 1:life or death in the ceiling for ahighest band.[@5] These successive laws show how [Vietnam's](/country/vn/) broad capital drug offence became death. Possession stays at 1,developed into a system with explicit cannabis quantities and cultivationseparate rules for growers and sharing were already at 0users.[@4,5]
opusgpt-5.56
Penal Code amendment of 28 December 1989, original-text reproduction
National legal database — 1989 Penal Code amendment
Penal Code 1985, original text reproduced by Luat Minh Khue
Penal Code amendment adopted 10 May 1997, government original RTF
Penal Code 1999, English translation reproduced by LuatVietnam
Vietnam National Assembly — Penal Code amendment of 28 December 1989, reproduced by Caselaw Vietnam
Law and World — The changes in drug laws to apply the death penalty for drug-related offences in Vietnam
docs/DATA-MAINTENANCE.md +10 @@ -1609,2 +1609,12 @@ An undated amendment slip in the 1932 annual volume is kept separate from the original law. Existing score snapshots and the current profile are preserved pending reconstruction of the earlier aggregate 1914 step. + +A [Vietnam criminal-code pass](research/history-vietnam-codes-2026-10-26.md) +on 26 October 2026 adds the 1986 organising-use provision and the replacement +code operating from July 2000. Two new articles and a rewritten 1989 article +connect the statutes. The 1997 event now uses its confirmed 22 May commencement +and explains that its use offence required prior education and compulsory +treatment. Current capital cannabis sale penalties require enforcement 0 under +the existing rubric; the profile and three later historical before-vectors are +corrected together, taking the displayed current score from 5 to 3. Other score +dimensions and the unresolved pre-1968 reconstruction remain unchanged.
docs/research/history-vietnam-codes-2026-10-26.md +125 @@ -0,0 +1,125 @@ +# Vietnam's criminal-code gap, 1985–2000 + +Reviewed 26 October 2026. Read DATA-MAINTENANCE.md's source, commencement, +score-chain and validation rules, WRITING.md, BOOKS.md and the earlier Vietnam +1968 research note. No book was used and no catalogue coverage is claimed. + +## Sources actually read + +- Read the original 1985 code reproduced by [Luat Minh Khue](https://luatminhkhue.vn/van-ban/bo-luat-hinh-su-nam-1985.aspx), + especially Article 203 and the commencement metadata, which gives 1 January + 1986. Organising narcotics use carries six months–five years, or three–ten + years for serious consequences/dangerous recidivism. The article is generic + to narcotics and does not itself name cannabis. It supplies context for the + later drug chapter, without establishing the first cannabis prohibition. + Article 97's highest original smuggling band reaches life, not death. +- Read the [1989 amendment's reproduced statutory text](https://vanbanphapluat.co/bo-luat-hinh-su-1989-sua-doi-30-lct-hdnn8), + Article 2(3), introducing Article 96a. The three bands are two–seven, + five–fifteen, and twelve–twenty years/life/death. The statute itself gives no + cannabis weight thresholds. The [national database page](https://vbpl.vn/botaichinh/Pages/vbpq-toanvan.aspx?ItemID=2082) + was opened earlier in this research pass and its legislative metadata read: + adoption 28 December 1989, commencement 2 January 1990. Later requests returned + 403/502. Retain the established commencement; cite the independently read + reproduction for the substantive drug clause. The existing Caselaw address + also failed on later requests. +- Downloaded the actual [government 1997 RTF](https://datafiles.chinhphu.vn/cpp/files/vbpq/2006/07/3420_l57qh.rtf). + Converted it with textutil and decoded the legacy .VnTime/TCVN characters, + preserving ASCII. Read Articles 185a, 185b–185e, 185l and the replacement + clauses. The cultivating offence requires repeated education, livelihood + assistance and an administrative sanction followed by continued offending. + The use offence requires repeated education and administrative placement in + compulsory treatment followed by continued illegal use. Neither text supports + the old blanket description of every act of use becoming a crime. +- Read the [Supreme People's Court's Letter 59/KHXX](https://thuvienphapluat.vn/cong-van/linh-vuc-khac/cong-van-59-khxx-ap-dung-quy-dinh-cua-luat-bo-sung-bo-luat-hinh-su-46845.aspx), + dated 6 June 1997, especially Part I(1)–(4). It explicitly gives **22 May + 1997** as commencement following adoption on 10 May and distinguishes new or + harsher offences from retrospective application of favourable amendments. + The government catalogue's apparent January date is not used. An English + reproduction of the amendment shifts Vietnamese letter labels; the original + Vietnamese Article **185l** is the use offence. +- Read [the 1999 code's English statutory reproduction](https://english.luatvietnam.vn/penal-code-no-15-1999-qh10-dated-december-21-1999-of-the-national-assembly-10166-doc1.html), + Articles 192–194 and 199. The public page supplies the body; no login or + access-control workaround was used. Article 194 combines possession, + transport, trade and appropriation, while retaining the five-kilogram resin + and seventy-five-kilogram leaves/flowers/fruit thresholds. Its highest band + adds twenty years as an alternative to life/death. The [national database + metadata](https://vbpl.vn/TW/Pages/vbpq-thuoctinh.aspx?ItemID=6157) was opened + and read: adoption 21 December 1999, commencement **1 July 2000**, replacement + **1 January 2018**. Provincial/database mirrors were intermittently inaccessible. +- Read [the 2015 code's statutory reproduction](https://english.luatvietnam.vn/criminal-code-no-100-2015-qh13-dated-november-27-2015-of-the-national-assembly-101324-doc1.html), + Article 251, as a continuity check: the sale offence retains twenty years, + life or death at five kilograms of resin or seventy-five kilograms of the + then-listed plant parts. This is the older wording, not the current rule. + The official 2017 consolidated code is split across Gazette issues; the + accessible 779–780 PDF starts at Article 295 and does not verify Article + 251. The relevant 777–778 download failed and is not claimed as read. +- Read [the government's current Article 251 text](https://xaydungchinhsach.chinhphu.vn/muc-phat-toi-mua-ban-trai-phep-chat-ma-tuy-119250722173411884.htm): + twenty years/life at five to under thirty kilograms of resin or seventy-five + to under 150 kilograms of listed plant parts; life/death at thirty/150. + This source already exists as `a251` in the profile. The contemporary plant + list includes roots, stem and branches; those are not backdated into the + 1997 and 1999 lists of leaves, flowers and fruit. + +A government policy-history article was also read as background. It contains +inconsistent retrospective dates, so its summaries do not override the statutes. +The old Law and World study's inconsistent historical table and loosely dated +sentencing totals are removed from the 1989 article rather than repeated. +Research downloads and extraction are local in +`tmp/history-vietnam-codes-2026-10-26/`. + +## Entries, articles and scores + +Added two checked context events: the 1986 organising-use provision and the +2000 replacement code. Both are explicitly unscored. The earlier national +baseline remains unreconstructed; the later code reorganises existing offences +and retains capital exposure at the existing enforcement floor. + +Rewrote the 1997 event with its exact commencement and conditional use offence, +and added its article. Added a 2000 article and rewrote the 1989 article against +statutory texts. Each article has 350–500 words, three or four sections, numbered +citations and links to the surrounding events. + +The previous profile had recreational status `death`, correctly described +capital cannabis sale penalties, but enforcement **1**, whose rubric is custodial +penalties. Enforcement **0** expressly covers death, corporal punishment or long +sentences. Correct the profile to 0 and explain the current capital sale bands +with its existing primary source. This corrects the scoring application; it does +not claim a newly enacted restriction or that personal use itself carries death. + +The before-vectors for the 1997, 2009 decriminalisation and 2025 repeat-use events +therefore also change only enforcement, from 1 to 0. Preserve the 1990 event's +before-vector at 2, all other historical dimensions, and all other country data. +The chain is now displayed as 8→4 in 1990, 4→3 in 1997, 3→4 in 2009 and 4→3 +in 2025, ending at **2.5, displayed as 3** today. The earlier 1968 100→8 step and +pre-reunification territorial scope remain open as documented in the previous +research note; this batch does not validate that inherited reconstruction. + +## Validation + +Semantic comparison confirms every baseline record remains, only the four +intended existing Vietnamese records changed, and only the three authorised +before-vector values changed. Profile edits are limited to enforcement, its +explanation/source and the review date. Article citation ranges, complete source +usage, word counts and history links pass. The 55 existing history and answer +tests pass. An initial build rejected an unsupported `detention` tag; removed it +and retained the existing `sentencing` and `treatment` vocabulary. + +Production build and rendered/browser verification results are recorded below +once complete. Unrelated source-archive changes are excluded from the commit. + +Final verification: the production build passed with **4,186 pages**. Rendered +checks passed for both additions, all three articles, the country page, history +index and relevant decade pages. Numbered references resolve uniquely, internal +history links exist, all sources are used, exact dates render and the API ends +at 2.5. The in-app browser confirmed the profile's displayed 3, enforcement 0/10 +with the capital-sale explanation, chart steps, all 16 country history entries, +the Vietnam-filtered history listing and the 1997 article with its references. +The temporary static site and preview server were removed after verification; +research extracts and build logs are retained locally. + +During final verification, concurrent Puerto Rico changes appeared in the shared +history file and two unrelated articles. The initial production build and +preservation check had passed before those edits. A fresh candidate reconstructed +from HEAD plus only this batch's six added/modified event blocks passed the same +strict preservation checks. Only that Vietnam candidate is staged for history; +the concurrent work remains in the working tree.