The Ministry of Justice has just announced the document of drafting the Criminal Code (amended) by the Ministry of Public Security, which is expected to submit to the National Assembly for consideration and comments, through the order and procedures for shortened at the 10th session, the XV National Assembly in October, 2025.
In the draft, the Ministry of Public Security proposed to add Article 256a regulating the Crime of illegal use of drugs.
Accordingly, anyone who is undergoing voluntary drug rehabilitation, compulsory drug rehabilitation, drug addiction treatment with replacement drugs or has been on voluntary drug rehabilitation, compulsory drug rehabilitation, drug addiction treatment with replacement drugs according to the provisions of the Law on Drug Prevention and Control and is found to have illegally used drugs in any form will be imprisoned from 2 to 3 years.
Repeat this offense and be imprisoned from 3 to 5 years.
This is a new point in the draft Penal Code (amended) because the current Penal Code no longer has the crime of illegal use of drugs but only the crimes of illegal possession, purchase, sale, transportation, organization of use...
According to the Electronic Information Portal of the Drug Crime Investigation Police Department (Ministry of Public Security), the 1999 Penal Code has Article 199 regulating the crime of illegal use of drugs, with a maximum penalty of up to 5 years in prison.
However, due to many subjective and objective reasons, this crime was abolished in 2010. In which, Article 199 of the Penal Code No. 151999/QH10 on illegal use of drugs is abolished.
In Clause 1, Article 21, Decree No. 167/2013/ND-CP dated November 12, 2013 of the Government, the act of illegally using drugs is subject to a warning or a fine of VND 500,000 to VND 1,000,000.
Also according to the Electronic Information Portal of the Drug Crime Investigation Police Department (Ministry of Public Security, the bases to determine that illegal drug users face many difficulties and inadequacies... leading to many illegal drug users not being included in the list of statistics, monitoring, management and supervision.
This is the main cause of legal violations, especially those who illegally use synthetic drugs with acute psychiatric disorders, causing particularly serious cases of disorder and social insecurity in many localities across the country.
Also in the draft, the Ministry of Public Security proposed to add the crime of not complying with the judgment and decision of the Court applying administrative handling measures to send to compulsory drug rehabilitation facilities in Article 380a.
Accordingly, anyone who has a decision of the Court to apply administrative measures to take him to a compulsory drug rehabilitation facility but fled will be imprisoned from 2 to 3 years.
Committing a crime in one of the following cases shall be punished with imprisonment from 2 to 5 years: Resisting a person serving a sentence or a person on duty; Using sophisticated and cunning tricks.
The Ministry of Public Security explains the addition of two crimes related to drug rehabilitation activities to suit reality, ensure deterrence, and ensure a safe and sustainable environment for the future.
The Ministry of Public Security also proposed to increase the prison sentence and fines for all 13 crimes in the group of drug criminals, from Article 247 to Article 259.
