Decree No. 19/2018/ND-CP dated February 18, 2018 of the Government on prescribing the calculation of the aggregate weight or volume of narcotics referred to in a number of articles of the 2015 Penal Code

DECREE

Prescribing the calculation of the aggregate weight or volume of narcotics referred to in a number of articles of the 2015 Penal Code^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 27, 2015 Penal Code, and the June 20, 2017 Law Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to the National Assembly’s Resolution No. 41/2017/QH14 of June 20, 2017, on the implementation of Penal Code No. 100/2015/QH13, which was amended and supplemented under Law No. 12/2017/QH14, and the effect of the Criminal Procedure Code No. 101/2015/QH13, Law No. 99/2015/QH13 on Organization of Criminal Investigation Bodies, and Law No. 94/2015/QH13 on Custody and Temporary Detention;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing the calculation of the aggregate weight or volume of narcotics referred to in a number of articles of the 2015 Penal Code.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the calculation of the aggregate weight or volume of narcotics referred to at Point k, Clause 2; Point e, Clause 3; and Point dd, Clause 4 of Article 248; Point i, Clause 1; Point n, Clause 2; Point h, Clause 3; and Point h, Clause 4 of Article 249; Point i, Clause 1; Point o, Clause 2; Point h, Clause 3; and Point h, Clause 4 of Article 250; Point p, Clause 2; Point h, Clause 3; and Point h, Clause 4 of Article 251; and Point i, Clause 1; Point n, Clause 2; Point h, Clause 3; and Point h, Clause 4 of Article 252 of Penal Code No. 100/2015/QH13 of November 27, 2015, which was amended and supplemented under Law No. 12/2017/QH14 of June 20, 2017 (below referred to as
the 2015 Penal Code).

Article 2.Subjects of application

This Decree applies to bodies and individuals competent to conduct proceedings and agencies, organizations and individuals engaged in the calculation of the aggregate weight or volume of narcotics.

Article 3.Principles of calculation of the aggregate weight or volume of narcotics

1. Aggregate weight or volume of narcotics must be calculated in an objective and scientific manner according to the methods and order prescribed in this Decree.

2. Weight or volume of a narcotic prescribed in this Decree is the weight or volume of a narcotic which is seized or proven in the process of investigation, prosecution or adjudication. The weight of opium in dross opium, diluted opium solutions or opium mixtures shall be determined on the basis of converting into opium containing 10% of morphine.

3. In case the percentage of the weight or volume of a narcotic calculated under this Decree is a decimal number, such number will have one digit after the decimal point and shall not be rounded up.

Chapter II

SPECIFIC PROVISIONS

Article 4.Calculation of the aggregate weight or volume of narcotics in case these narcotics are enumerated at the same point of a clause of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code

In case the narcotics are all enumerated at the same point of Clause 2, 3 or 4 of Article 248; Clause 1, 2, 3 or 4 of Article 249; Clause 1, 2, 3 or 4 of Article 250; Clause 2, 3 or 4 of Article 251 of the 2015 Penal Code; or Clause 1, 2, 3 or 4 of Article 252, the weights or volumes of such narcotics shall be added up and the sum shall be used as the basis for determining the applicable clause of the article, which specifies the corresponding weight or volume of this group of narcotics.

Article 5.Calculation of the aggregate weight or volume of narcotics in case these narcotics are not enumerated at the same point of a clause of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code

1. In case the weight or volume of each of these narcotics is lower than the minimum level prescribed for such narcotic in Clause 1, Article 249; Clause 1, Article 250; or Clause 1, Article 252 of the 2015 Penal Code, the aggregate weight or volume of these narcotics shall be determined according to the following order:

a/ To calculate the percentage by weight or volume of each of these narcotics to the minimum level prescribed for such narcotic in Clause 1 of Article 249, 250 or 252 of the 2015 Penal Code. Then, to add up these percentages so as to determine the aggregate percentage by weight or volume of these narcotics;

b/ Based on the aggregate percentage by weight or volume of these narcotics determined under Point a of this Clause, to determine which clause of Article 249, 250 or 252 of the Penal Code is applicable on the following principles:

If the aggregate percentage by weight or volume of these narcotics is below 100%, the aggregate weight or volume of these narcotics will be below the minimum level and falls into the case prescribed in Clause 1, Article 249; Clause 1, Article 250; or Clause 1, Article 252 of the 2015 Penal Code.

If the aggregate percentage by weight or volume of these narcotics is 100% or higher, to continue comparing the aggregate percentage by weight or volume of these narcotics with the minimum level prescribed for each of these narcotics in Clause 2 of Article 249, 250 or 252 of the 2015 Penal Code according to the order prescribed at Points a and b, Clause 2 of this Article.

2. In case the weight or volume of each of these narcotics is lower than the minimum level prescribed for such narcotic in Clause 2 of Article 249, 250 or 252 of the 2015 Penal Code but the weight or volume of at least one of these narcotics falls into the case prescribed in Clause 1 of one of these articles; or in case the weight or volume of each of these narcotics is lower than the minimum level prescribed for such narcotic in Clause 2 of Article 248 or 251 of the 2015 Penal Code, the aggregate weight or volume of these narcotics shall be determined as follows:

a/ To calculate the percentage by weight or volume of each of these narcotics to the minimum level prescribed for such narcotic in Clause 2 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code. Then, to add up these percentages to determine the aggregate percentage by weight or volume of these narcotics;

b/ Based on the aggregate percentage by weight or volume of these narcotics determined under Point a of this Clause, to determine which clause of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code is applicable on the following principles:

In case the aggregate percentage by weight or volume of these narcotics is below 100%, the aggregate weight or volume of these narcotics will fall into the case prescribed in Clause 1, Article 248; Point i, Clause 1, Article 249; Point i, Clause 1, Article 250; or Clause 1, Article 251; or Point i, Clause 1, Article 252 of the 2015 Penal Code.

In case the aggregate percentage by weight or volume of these narcotics is 100% or higher, to continue comparing the aggregate percentage by weight or volume of these narcotics to the minimum level prescribed for each of these narcotics in Clause 3 of Articles 248, 249, 250, 251 or 252 of the 2015 Penal Code according to the order prescribed at Points a and b, Clause 3 of this Article.

3. In case the weight or volume of each of these narcotics is lower than the minimum level prescribed for such narcotic in Clause 3 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code but the weight or volume of at least one of these narcotics falls into the case prescribed in Clause 2 of one of these articles, the aggregate weight or volume of these narcotics shall be determined according to the following order:

a/ To calculate the percentage by weight or volume of each of these narcotics to the minimum level prescribed for such narcotic in Clause 3 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code. Then, to add up these percentages to determine the aggregate percentage by weight or volume of these narcotics;

b/ Based on the aggregate percentage by weight or volume of these narcotics determined under Point a of this Clause, to determine which clause of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code is applicable to the aggregate weight or volume of these narcotics on the following principles:

In case the aggregate percentage by weight or volume of these narcotics is below 100%, the aggregate weight or volume of these narcotics will fall into the case prescribed at Point k, Clause 2, Article 248; Point n, Clause 2, Article 249; Point o, Clause 2, Article 250; or Point p, Clause 2, Article 251; or Point n, Clause 2, Article 252 of
the 2015 Penal Code.

In case the aggregate percentage by weight or volume of these narcotics is 100% or higher, to continue comparing the aggregate percentage by weight or volume of these narcotics to the minimum level prescribed for each of these narcotics in Clause 4 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code following the order prescribed at Points a and b, Clause 4 of this Article.

4. In case the weight or volume of each of these narcotics is lower than the minimum level prescribed for such narcotic in Clause 4 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code but the weight or volume of at least one of these narcotics falls into the case prescribed in Clause 3 of one of these articles, the aggregate weight or volume of these narcotics shall be determined according to the following order:

a/ To calculate the percentage by weight or volume of each of these narcotics to the minimum level prescribed for such narcotic in Clause 4 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code. Then, to add up these percentages to determine the aggregate percentage by weight or volume of these narcotics;

b/ Based on the aggregate percentage by weight or volume of these narcotics determined under Point a of this Clause, to determine which clause of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code is applicable on the following principles:

If the aggregate percentage by weight or volume of these narcotics is below 100%, the aggregate weight or volume of these narcotics will fall into the case prescribed at Point e, Clause 3, Article 248; Point h, Clause 3, Article 249; Point h, Clause 3, Article 250; or Point h, Clause 3, Article 251; or Point h, Clause 3, Article 252 of the 2015 Penal Code.

If the aggregate percentage by weight or volume of these narcotics is 100% or higher, the aggregate weight or volume of these narcotics will fall into the case prescribed at Point dd, Clause 4, Article 248; Point h, Clause 4, Article 249; Point h, Clause 4, Article 250; or Point h, Clause 4, Article 251; or Point h, Clause 4, Article 252 of the 2015 Penal Code.

5. In case the weight or volume of one of these narcotics falls into the case prescribed in Clause 4 of Article 248, 249, 250, 251 or 252 of the 2015 Penal Code, the aggregate weight or volume of these narcotics will fall into the case prescribed at Point dd, Clause 4, Article 248; Point h, Clause 4, Article 249; Point h, Clause 4, Article 250; or Point h, Clause 4, Article 251; or Point h, Clause 4, Article 252 of the 2015 Penal Code.

Article 6.Appendix

To promulgate together with this Decree an appendix on the calculation of the aggregate weight or volume of narcotics in some specific cases (not translated).

Chapter III

IMPLEMENTATION PROVISIONS

Article 7.Effect

This Decree takes effect on the date of its signing.

Article 8.Implementation responsibility

1. Ministers, heads of ministerial-level agencies and government-attached agencies, provincial-level People’s Committee chairpersons and related agencies, organizations and individuals shall implement this Decree.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in, guiding, inspecting and urging the implementation of this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC