Decriminalization of drug use in Vietnam
08/07/2009

On June 19, 2009, Vietnam National Assembly has approved the amendment of the Penal Code, which among other things (e.g. limit the death sentencing) removes of Penal Code's article 199 which made unsuccessfully detoxified drug users criminals.

 

  The Penal Code's article 199 "Crime of illegal use of narcotic substance" read: "1. A person, who uses illegally narcotic substance in any form, has been educated many times and has administratively been punished by sending to mandatory treatment institution but continues to use illegally narcotic substance will be imprisoned from 3 months to 2 years. 2. Those who repeat of this offense will be imprisoned from 2 years to 5 years".   

 

The government's proposal to the National Assembly presented 3 justifications for the decriminalization of drug use: 1) the Drug Law Amendment (2008) considers drug addicts as patients, as victim of drug other than criminals; 2) it is awkward to see drug addicts who fail mandatory drug treatment as criminals, at the same time it is more humane to consider drug users as patients or victim; and 3) the 3 international conventions on drug, to which Vietnam is a signatory, do not required the signatory states to criminalize drug use.

 

 

The evaluation report by the National Assembly's Legislation Commission supported the government's proposal, citing Drug Law Amendment, which considers drug addicts as patients, and does not impose criminal sentencing to drug addicts. The Commission also considered that the illegal use of drug is not so dangerous to the society that criminal conviction is needed.  

 

 

 While this is a good news for those who advocate for a less punitive policy, drug users in Vietnam are not very excited about the news, knowing that the government decree on post-rehabilitation management is on the way. In the draft version of the decree, many drug users who have finished their time in a drug rehabilitation center will be sent to institutionalized post-rehabilitation management for 1 to 2 years if they meet one of the criteria set out in the decree. Many drug users prefer to be sent to prison other than drug rehab center. There was an estimation that 94,000 drug users are now rehab centers across the country.