Law amend the Penal Code, No. 86/2025/QH15

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ATTRIBUTE Law amend the Penal Code

Law No. 86/2025/QH15 Amending and Supplementing a Number of Articles of the Penal Code dated June 25, 2025 of the National Assembly

Issuing body:	National Assembly of the Socialist Republic of Vietnam	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	86/2025/QH15	Signer:	Tran Thanh Man
Type:	Law	Expiry date:	Updating
Issuing date:	25/06/2025	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Criminal

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THE NATIONAL ASSEMBLY		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 86/2025/QH15

LAW

Amending and Supplementing a Number of Articles of the Penal Code^{^[1]}

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Penal Code No. 100/2015/QH13, which has a number of articles amended and supplemented under Law No. 12/2017/QH14 and Law No. 59/2024/QH15.

Article 1. To amend and supplement a number of articles of the Penal Code

1. To amend and supplement Clause 3, Article 40 as follows:

“3. The death penalty will not be executed against a convict who:

a/ Is a pregnant woman or a woman nursing her child aged under 36 months;

b/ Is aged 75 years or older; or,

c/ Suffers terminal cancer.”.

2. To amend and supplement Article 49 as follows:

“Article 49. Coerced medical treatment

1. For a person who commits a socially dangerous act while suffering a disease specified in Article 21 of this Code, the procuracy or the court may, based on the forensic examination or forensic psychiatry conclusion, decide to send him/her to a medical examination and treatment establishment for coerced medical treatment.

2. For a person who commits a crime while having penal liability capacity but, prior to being sentenced, suffers an illness that deprives him/her of his/her of cognitive ability or behavioral control ability, the court may, based on the forensic examination or forensic psychiatry conclusion, decide to send him/her to a medical examination and treatment establishment for coerced medical treatment. After it is concluded that such person has recovered from illness or that such person has regained the cognitive ability or behavioral control ability, he/she may have to bear penal liability.

3. For a person who suffers an illness that deprives him/her of his/her cognitive ability or behavioral control ability while serving his/her imprisonment sentence, the court may, based on the forensic examination or forensic psychiatry conclusion, decide to send him/her to a medical examination and treatment establishment for coerced medical treatment. After it is concluded that such person has recovered or that such person has regained the cognitive ability or behavioral control ability, if having no other reason for being exonerated from serving his/her sentence, he/she shall continue serving the sentence.

The duration of coerced medical treatment shall be deducted from the period of serving the imprisonment sentence.”.

3. To amend and supplement Clause 6, Article 62 as follows:

“6. For a person who is subject to prohibition of residence or subject to probation, and has served half of the term of the penalty and has reformed himself/herself well, the court may, at the proposal of the competent agency, decide to exonerate him/her from serving the remainder of his/her penalty.”.

4. To amend and supplement Clauses 1 and 6, Article 63 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. For a person who is sentenced to non-custodial reform, termed imprisonment or life imprisonment, and has served the penalty for a certain period, showed improvements, and performed part of his/her civil obligations as compensation, the court may, at the proposal of the competent criminal judgment enforcement agency, decide to reduce his/her penalty-serving term.

A person who is sentenced to life imprisonment for the crime of embezzlement or taking bribes may only be considered for reduction of the term of the imprisonment sentence if he/she has voluntarily returned at least three-fourths of the embezzled or bribed property and has actively cooperated with the competent agencies in detecting, investigating and handling crimes, or has made great merits.

To be eligible for consideration of the first reduction of the penalty-serving term, the time during which the convict has served his/her penalty must be one-third of the penalty-serving term, for non-custodial reform or termed imprisonment, or 12 years, for life imprisonment.”;

b/ To amend and supplement Clause 6 as follows:

“6. For a person sentenced to death and entitled to commutation or for a person sentenced to death in the cases specified in Clause 3, Article 40 of this Code, the time during which he/she has served the sentence in order to be eligible for consideration of the first reduction of the sentence-serving term must be 25 years and, even if being entitled to multiple reductions, he/she shall still serve the sentence for at least 30 years.”.

5. To amend and supplement Clause 1, Article 109 as follows:

“1. Imprisonment of between 12 years and 20 years, or life imprisonment, for a person who acts as an organizer, instigator or active participant or who causes serious consequences;”.

6. To amend and supplement Clause 1, Article 110 as follows:

“1. A person who commits one of the following acts shall be subject to imprisonment of between 12 years and 20 years or life imprisonment:

a/ Carrying out intelligence or sabotage activities or setting up bases for intelligence or sabotage activities against the Socialist Republic of Vietnam;

b/ Setting up bases for intelligence or sabotage activities under the direction of foreign countries; carrying out scouting, informing, harboring or way mapping activities or committing other acts to help foreigners carry out intelligence or sabotage activities;

c/ Providing, or collecting for the purpose of providing, state secrets to foreign countries; collecting or providing other information and documents for use by foreign countries against the Socialist Republic of Vietnam.”.

7. To amend and supplement Clause 1, Article 114 as follows:

“1. A person who, for the purpose of opposing the people’s administration, sabotages physical-technical foundations of the Socialist Republic of Vietnam in the fields of politics, national defense, security, economy, science-technology, culture and social affairs, shall be subject to imprisonment of between 12 years and 20 years or life imprisonment.”.

8. To amend and supplement Clauses 1, 4 and 5, Article 192 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. A person who produces or trades in counterfeit goods in one of the following cases, if not falling into the cases specified in Articles 193, 194 and 195 of this Code, shall be subject to a fine of between VND 200,000,000 and VND 2,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods with the same technical specifications and uses that are valued at between VND 30,000,000 and under VND 150,000,000, or that are valued at under VND 30,000,000 but the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or in one of Articles 188, 189, 190, 191, 193, 194, 195, 196 and 200 of this Code, or though having been convicted of one of these offenses and not had such conviction expunged;

b/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of between 31% and 60%;

c/ Gaining illicit profits of between VND 50,000,000 and under VND 100,000,000;

d/ Causing property damage of between VND 100,000,000 and under VND 500,000,000.”;

b/ To amend and supplement Clauses 4 and 5 as follows:

“4. The offender may also be subject to a fine of between VND 40,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain occupations or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 6,000,000,000 and VND 12,000,000,000, if falling into one of the cases specified at Points a, b, dd, e, g, h, i, k, l and m, Clause 2 of this Article;

c/ A fine of between VND 12,000,000,000 and VND 18,000,000,000 or suspension of operation for between 6 months and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the cases specified in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from doing business in certain fields, prohibition from operating in certain fields, or prohibition from raising capital for between 1 year and 3 years.”.

9. To amend and supplement Clauses 5 and 6, Article 193 as follows:

“5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, or prohibition from practicing certain occupations or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 6,000,000,000 and VND 12,000,000,000, if falling into one of the cases specified at Points a, b, c, e, g, h, i, and k, Clause 2 of this Article;

c/ A fine of between VND 12,000,000,000 and VND 18,000,000,000, if falling into the cases specified in Clause 3 of this Article;

d/ A fine of between VND 18,000,000,000 and VND 36,000,000,000 or suspension of operation for between 6 months and 3 years, if falling into the cases specified in Clause 4 of this Article;

dd/ Termination of operation, if falling into the cases specified in Article 79 of this Code;

e/ The commercial legal person may also be subject to a fine of between VND 200,000,000 and VND 600,000,000, prohibition from doing business in certain fields, prohibition from operating in certain fields, or prohibition from raising capital for between 1 year and 3 years.”.

10. To amend and supplement Clauses 4, 5 and 6, Article 194 as follows:

“4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Gaining illicit profits of VND 2,000,000,000 or more;

b/ Causing the death of 2 or more persons;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with the aggregate injury rate of 122% or higher;

d/ Causing property damage of VND 1,500,000,000 or higher.

5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, or prohibition from practicing certain occupations or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 8,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 8,000,000,000 and VND 18,000,000,000, if falling into one of the cases specified at Points a, b, c, e, g, h, i, and k, Clause 2 of this Article;

c/ A fine of between VND 18,000,000,000 and VND 30,000,000,000, if falling into the cases specified in Clause 3 of this Article;

d/ A fine of between VND 30,000,000,000 and VND 40,000,000,000 or suspension of operation for a period of between 1 year and 3 years, if falling into the cases specified in Clause 4 of this Article;

dd/ Termination of operation, if falling into the cases specified in Article 79 of this Code;

11. To amend and supplement Clauses 1, 5 and 6, Article 195 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. A person who produces or trades in counterfeit goods being animal feed, fertilizers, veterinary drugs, pesticides, plant varieties or animal breeds in one of the following cases shall be subject to a fine of between VND 200,000,000 and VND 2,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Involving a quantity of counterfeit goods equivalent to that of genuine goods or goods of the same technical specifications and uses that are valued at between VND 30,000,000 and under VND 150,000,000, or that are valued at under VND 30,000,000 but the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or in one of Articles 188, 189, 190, 191, 192, 193, 194, 196 and 200 of this Code, or though having been convicted of one of these offenses and not had such conviction expunged;

b/ Causing property damage of between VND 100,000,000 and under VND 500,000,000;

c/ Gaining illicit profit of between VND 50,000,000 and under VND 100,000,000.”;

b/ To amend and supplement Clauses 5 and 6 as follows:

“5. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions, prohibition from practicing certain occupations or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

6. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 6,000,000,000 and VND 12,000,000,000, if falling into one of the cases specified at Points a, b, c, e, g, h, and i, Clause 2 of this Article;

c/ A fine of between VND 12,000,000,000 and VND 18,000,000,000, if falling into the cases specified in Clause 3 of this Article;

d/ A fine of between VND 18,000,000,000 and VND 30,000,000,000 or suspension of operation for between 6 months and 3 years, if falling into the cases specified in Clause 4 of this Article;

dd/ Termination of operation, if falling into the cases specified in Article 79 of this Code;

12. To amend and supplement Articles 235, 236, 237, 238 and 239 as follows:

“Article 235. Polluting the environment

1. A person who commits one of the following acts shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000 or imprisonment of between 2 years and 3 years:

a/ Illegally burying, filling, dumping or discharging into the environment between 1,000 kilograms and under 3,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 3,000 kilograms and under 10,000 kilograms of other hazardous wastes;

b/ Illegally burying, filling, dumping or discharging into the environment between 500 kilograms and under 1,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 1,500 kilograms and under 3,000 kilograms of other hazardous wastes but the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged;

c/ Discharging into the environment between 500 cubic meters (m³) per day and under 5,000 cubic meters (m³) per day of wastewater with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment; or between 300 cubic meters (m³) per day and under 500 cubic meters (m³) per day of wastewater with hazardous environmental parameters exceeding 5 or more times those specified in the relevant national technical regulation on the environment;

d/ Discharging into the environment 500 cubic meters (m³) or more per day of wastewater with hazardous environmental parameters exceeding between 2 times and under 3 times those specified in the relevant national technical regulation on the environment; or between 300 cubic meters (m³) per day and under 500 cubic meters (m³) per day of wastewater with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment; or between 100 cubic meters (m³) per day and under 300 cubic meters (m³) per day of wastewater with hazardous environmental parameters exceeding 5 or more times those specified in the relevant national technical regulation on the environment but the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged;

dd/ Discharging into the environment between 150,000 cubic meters (m³) per hour and under 300,000 cubic meters (m³) per hour of emissions with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment, or between 100,000 cubic meters (m³) per hour and under 150,000 cubic meters (m³) per hour of emissions with hazardous environmental parameters exceeding 5 or more times those prescribed in the relevant national technical regulation on the environment;

e/ Discharging into the environment 150,000 cubic meters (m³) or more per hour of emissions with hazardous environmental parameters exceeding between 2 times and under 3 times those specified in the relevant national technical regulation on the environment, or between 100,000 cubic meters (m³) per hour and under 150,000 cubic meters (m³) per hour of emissions with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment, or between 50,000 cubic meters (m³) per hour and under 100,000 cubic meters (m³) per hour of emissions with hazardous environmental parameters exceeding 5 or more times those specified in the relevant national technical regulation on the environment but the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged;

g/ Illegally burying, filling, dumping or discharging into the environment between 100,000 kilograms and under 200,000 kilograms of common solid wastes, or between 70,000 kilograms and under 100,000 kilograms of common solid wastes but the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged;

h/ Discharging into the environment wastewater, or burying, filling, dumping or discharging into the environment solid wastes or discharging emissions containing radioactive substances exceeding the dose value by between 50 milisieverts (mSv) per year and under 200 milisieverts (mSv) per year or exceeding the dose rate by between 0.0025 milisieverts (mSv) per hour and under 0.01 milisieverts (mSv) per hour.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 2,000,000,000 or imprisonment of between 3 years and 5 years:

a/ Illegally burying, filling, dumping or discharging into the environment between 3,000 kilograms and under 5,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 10,000 kilograms and under 50,000 kilograms of other hazardous wastes;

b/ Discharging into the environment between 5,000 cubic meters (m³) per day and under 10,000 cubic meters (m³) per day of wastewater with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment; or between 500 cubic meters (m³) per day and under 5,000 cubic meters (m³) per day of wastewater with hazardous environmental parameters exceeding 5 or more times those specified in the relevant national technical regulation on the environment;

c/ Discharging into the environment between 300,000 cubic meters (m³) per hour and under 500,000 cubic meters (m³) per hour of emissions with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment, or between 150,000 cubic meters (m³) per hour and under 300,000 cubic meters (m³) per hour of emissions with hazardous environmental parameters exceeding 5 or more times those specified in the relevant national technical regulation on the environment;

d/ Illegally burying, filling, dumping or discharging into the environment between 200,000 kilograms and under 500,000 kilograms of normal solid wastes;

dd/ Discharging into the environment wastewater, or burying, filling, dumping or discharging into the environment solid wastes or discharging emissions containing radioactive substances exceeding the dose value by between 200 milisieverts (mSv) per year and under 400 milisieverts (mSv) per year or exceeding the dose rate by between 0.01 milisievert (mSv) per hour and under 0.02 milisievert (mSv) per hour;

e/ Causing serious consequences.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 2,000,000,000 and VND 6,000,000,000 or imprisonment of between 5 years and 7 years:

a/ Illegally burying, filling, dumping or discharging into the environment 5,000 kilograms or more of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination as prescribed in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or 50,000 kilograms or more of other hazardous wastes;

b/ Discharging into the environment 10,000 cubic meters (m³) or more per day of wastewater with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment; or 5,000 cubic meters (m³) or more per day of wastewater with hazardous environmental parameters exceeding 5 or more times those prescribed in the relevant national technical regulation on the environment;

c/ Discharging into the environment 500,000 cubic meters (m³) or more per hour of emissions with hazardous environmental parameters exceeding between 3 times and under 5 times those specified in the relevant national technical regulation on the environment, or 300,000 cubic meters (m³) or more per hour of emissions with hazardous environmental parameters exceeding 5 or more times those specified in the relevant national technical regulation on the environment;

d/ Illegally burying, filling, dumping or discharging into the environment 500,000 kilograms or more of normal solid wastes;

dd/ Discharging into the environment wastewater, or burying, filling, dumping or discharging into the environment solid wastes, or discharging emissions containing radioactive substances exceeding the dose value by 400 milisieverts (mSv) or more per year or exceeding the dose rate by 0.02 milisievert (mSv) or more per hour;

e/ Causing very serious consequences or particularly serious consequences.

4. The offender may also be subject to a fine of between VND 60,000,000 and VND 400,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 6,000,000,000 and VND 14,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 14,000,000,000 and VND 24,000,000,000 or suspension from operation for between 6 months and 2 years, if falling into the cases specified in Clause 2 of this Article;

c/ A fine of between VND 24,000,000,000 and VND 40,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the case specified in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 2,000,000,000 and VND 10,000,000,000, prohibition from doing business in certain fields or prohibition from operating in certain fields for between 1 year and 3 years.

Article 236. Violating regulations on management of hazardous wastes

1. A competent person who permits others to illegally bury, fill, dump or discharge between 3,000 kilograms and under 5,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants; or wastes containing radioactive substances or substances causing radioactive contamination to the environment which are from radioactive sources with a level of danger classified as below medium according to the National Technical Regulation on radiation safety - categorization and classification of radioactive sources, with a volume exceeding the allowable limits, shall be subject to a fine of between VND 100,000,000 and VND 400,000,000, non-custodial reform for up to 2 years, or imprisonment of between 2 years and 3 years.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 400,000,000 and VND 2,000,000,000 or imprisonment of between 3 years and 5 years:

a/ Involving between 5,000 kilograms and under 10,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants; or wastes containing radioactive substances or substances causing radioactive contamination to the environment which are from radioactive sources with a level of danger classified as medium according to the National Technical Regulation on radiation safety - categorization and classification of radioactive sources, with a volume exceeding the allowable limits;

b/ In an organized manner;

c/ Committing the offense twice or more;

d/ Dangerous recidivism.

3. Committing the offense, involving 10,000 kilograms or more of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants; or wastes containing radioactive substances or substances causing radioactive contamination to the environment which are from radioactive sources with a level of danger classified as above medium according to the National Technical Regulation on radiation safety - categorization and classification of radioactive sources, with a volume exceeding the allowable limits, the offender shall be subject to imprisonment of between 5 years and 10 years.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 300,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 237. Violating regulations on prevention of, response to, and remediation of environmental incidents

1. A person who commits one of the following acts shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Violating regulations on prevention of environmental incidents, letting environmental incidents occur;

b/ Violating regulations on response to and remediation of environmental incidents, leading to serious environmental pollution, or inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, or inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%, or causing damage of between VND 1,000,000,000 and under VND 3,000,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 1,000,000,000 and VND 4,000,000,000 or imprisonment of between 2 years and 7 years:

a/ Causing human death;

b/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

c/ Causing damage of between VND 3,000,000,000 and under VND 7,000,000,000.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing damage of VND 7,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 6,000,000,000 and VND 10,000,000,000, if falling into the cases specified in Clause 2 of this Article;

c/ A fine of between VND 10,000,000,000 and VND 20,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the case specified in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 200,000,000 and VND 1,000,000,000, prohibition from doing business in certain fields or prohibition from operating in certain fields for between 1 year and 3 years.

Article 238. Violating regulations on safety protection of hydraulic structures and dikes and disaster preparedness; violating regulations on protection of river banks and alluvial plains

1. A person who commits one of the following acts, inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or higher, or inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%, or causing damage of between VND 100,000,000 and under VND 300,000,000, if not falling into the cases specified in Article 303 of this Code, shall be subject to a fine of between VND 100,000,000 and VND 600,000,000, non-custodial reform for up to 3 years, or imprisonment of between 3 months and 2 years:

a/ Illegally building houses or works within the protection scope of hydraulic structures, dikes, or disaster prevention and control works;

b/ Damaging hydraulic structures, dikes, disaster prevention and control works, works for protecting, exploiting, using, monitoring and supervising water resources, or works for preventing, controlling, and remedying consequences of, water-caused harms;

c/ Illegally drilling or digging for exploration, survey or exploitation of soil, rock, sand, gravel, minerals or groundwater;

d/ Using explosives, or causing explosions or fires within the protection scope of hydraulic structures, dikes, disaster prevention and control works, works for protecting, exploiting, using, monitoring and supervising water resources, or works for preventing, controlling, and remedying consequences of, water-caused harms, unless such is permitted in writing or in case of emergency as specified by law;

dd/ Operating reservoirs in violation of relevant processes for operation of reservoirs or processes for operation for inter-reservoirs; operating flood diversion and slowing works in violation of relevant processes and technical regulations, except special cases as decided by a competent person.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 600,000,000 and VND 4,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Causing human death;

d/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%;

dd/ Causing damage of between VND 300,000,000 and under VND 1,000,000,000;

e/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing the death of 2 or more persons;

b/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher;

c/ Causing damage of VND 1,000,000,000 or higher.

4. The offender may also be subject to a fine of between VND 20,000,000 and VND 100,000,000 or prohibition from practicing certain professions or performing certain jobs for between 2 years and 5 years.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 600,000,000 and VND 2,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 2 of this Article;

c/ A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the case specified in Article 79 of this Code;

Article 239. Bringing wastes into Vietnam’s territory

1. A person who illegally brings wastes into Vietnam’s territory in one of the following cases shall be subject to a fine of between VND 400,000,000 and VND 2,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Involving between 1,000 kilograms and under 3,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 3,000 kilograms and under 10,000 kilograms of other hazardous wastes;

b/ Involving between 70,000 kilograms and under 170,000 kilograms of other wastes.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 2,000,000,000 and VND 4,000,000,000 or imprisonment of between 2 years and 7 years:

a/ In an organized manner;

b/ Involving between 3,000 kilograms and under 5,000 kilograms of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or between 10,000 kilograms and under 50,000 kilograms of other hazardous wastes;

c/ Involving between 170,000 kilograms and under 300,000 kilograms of other wastes.

3. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 4,000,000,000 and VND 10,000,000,000 or imprisonment of between 5 years and 10 years:

a/ Involving 5,000 kilograms or more of hazardous wastes containing extremely hazardous elements above hazardous waste thresholds prescribed by law or containing substances subject to elimination provided in Annex A to the Stockholm Convention on Persistent Organic Pollutants, or 50,000 kilograms or more of other hazardous wastes;

b/ Involving 300,000 kilograms or more of other wastes.

4. The offender may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension from operation for between 6 months and 1 year, if falling into the cases specified in Clause 2 of this Article;

c/ A fine of between VND 10,000,000,000 and VND 14,000,000,000 or suspension from operation for between 1 year and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the case specified in Article 79 of this Code;

13. To amend and supplement Clauses 1 and 4, Article 240 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. A person who commits one of the following acts, thereby spreading dangerous epidemics to humans, shall be subject to a fine of between VND 100,000,000 and VND 400,000,000 or imprisonment of between 1 year and 5 years:

a/ Bringing out of or allowing others to bring out of epidemic areas animals, plants, animal or plant products or other objects likely to spread dangerous epidemics to humans, unless otherwise provided by law;

b/ Bringing into or allowing others to bring into Vietnam’s territory animals, plants or animal or plant products infected with diseases or carrying dangerous pathogens likely to spread dangerous epidemics to humans;

c/ Committing other acts, thereby spreading dangerous epidemics to humans.”;

b/ To amend and supplement Clause 4 as follows:

“4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.”.

14. To amend and supplement Articles 241 and 242 as follows:

“Article 241. Spreading dangerous epidemics to animals and plants

1. A person who commits one of the following acts, thereby spreading dangerous epidemics to animals or plants, causing property damage of between VND 100,000,000 and under VND 500,000,000, or reoffending though having been administratively sanctioned for one of these acts, shall be subject to a fine of between VND 100,000,000 and VND 400,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 2 years:

a/ Bringing into or bringing out of or allowing others to bring into or bring out of epidemic areas animals, plants, animal or plant products or other objects infected with diseases or carrying pathogens, unless otherwise provided by law;

b/ Bringing into or allowing others to bring into Vietnam’s territory animals, plants, or animal or plant products subject to quarantine while failing to comply with the regulations on quarantine;

c/ Committing other acts, thereby spreading dangerous epidemics to animals or plants.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 2 years and 5 years:

a/ Causing property damage of between VND 500,000,000 and under VND 1,000,000,000;

b/ Leading to declaration of epidemics by chairpersons of provincial-level People’s Committees.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing property damage of VND 1,000,000,000 or higher;

b/ Leading to declaration of epidemics by the Minister of Agriculture and Environment.

4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, or prohibition from holding certain positions or practicing certain professions or performing certain jobs for between 1 year and 5 years.

Article 242. Destroying aquatic resources

1. A person who violates the regulations on protection of aquatic resources in one of the following cases, causing damage of between VND 100,000,000 and under VND 500,000,000 to aquatic resources or gaining aquatic products valued at between VND 50,000,000 and under VND 200,000,000, or reoffending though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged, shall be subject to a fine of between VND 100,000,000 and VND 600,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Using toxic substances, explosives, chemicals, electricity or other prohibited equipment and fishing gear to fish or destroy aquatic resources;

b/ Fishing in areas banned from fishing or areas temporarily banned from fishing;

c/ Exploiting aquatic species banned from fishing, if not falling into the cases specified in Article 244 of this Code;

d/ Destroying habitats of aquatic species on the List of endangered, precious and rare species prioritized for protection;

dd/ Inflicting injury to, or causing harm to the health of, another person with an injury rate of 61% or more;

e/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 61% and 121%;

g/ Violating other regulations on protection of aquatic resources.

2. Committing the offense in one of the following cases, the offender shall be subject to a fine of between VND 600,000,000 and VND 2,000,000,000 or imprisonment of between 3 years and 5 years:

a/ Causing damage of between VND 500,000,000 and under VND 1,500,000,000 to aquatic resources or gaining aquatic products valued at between VND 200,000,000 and under VND 500,000,000;

b/ Causing human death;

c/ Inflicting injury to, or causing harm to the health of, 2 or more persons with an aggregate injury rate of between 122% and 200%.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ Causing damage of VND 1,500,000,000 or higher to aquatic resources or gaining aquatic products valued at VND 500,000,000 or higher;

b/ Causing the death of 2 or more persons;

c/ Inflicting injury to, or causing harm to the health of, 3 or more persons with an aggregate injury rate of 201% or higher.

4. The offender may also be subject to a fine of between VND 40,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 600,000,000 and VND 2,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 2 of this Article;

c/ A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from doing business in certain fields or prohibition from operating in certain fields for between 1 year or 3 years, or prohibition from raising capital for between 1 year and 3 years.”.

15. To amend and supplement Clauses 1, 4 and 5, Article 243 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. A person who illegally burns or destroys forests or commits other acts of deforestation in one of the following cases shall be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Involving an area of between 30,000 square meters (m²) and under 50,000 square meters (m²) under plants not yet grown into forests or forests without reserve that are zoned off for regeneration;

b/ Involving an area of between 5,000 square meters (m²) and under 10,000 square meters (m²) of production forests;

c/ Involving an area of between 3,000 square meters (m²) and under 7,000 square meters (m²) of protection forests;

d/ Involving an area of between 1,000 square meters (m²) and under 3,000 square meters (m²) of special-use forests;

dd/ Causing damage of between VND 50,000,000 and under VND 100,000,000 to forest products, in case it is impossible to calculate the damaged forest areas;

e/ Involving plants on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IA, that are valued at between VND 20,000,000 and under VND 60,000,000; or plants on the List of endangered, precious and rare forest plants and animals of group IIA, that are valued at between VND 40,000,000 and under VND 100,000,000;

g/ Involving a forest area or a value of forest products below the level specified at Point a, b, c, d, dd or e of this Clause and the offender reoffends though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged.”.

b/ To amend and supplement Clauses 4 and 5 as follows:

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 1,000,000,000 and VND 4,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 4,000,000,000 and VND 10,000,000,000, if falling into one of the cases specified at Points a, c, d, dd, e, g, h and i, Clause 2 of this Article;

c/ A fine of between VND 10,000,000,000 and VND 14,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the case specified in Article 79 of this Code;

16. To amend and supplement Clauses 1, 4 and 5, Article 244 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. A person who violates the regulations on protection of animals on the List of endangered, precious and rare species prioritized for protection or on the List of endangered, precious and rare forest plants and animals of group IB or provided in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora in one of the following cases, shall be subject to a fine of between VND 1,000,000,000 and VND 4,000,000,000 or imprisonment of between 1 year and 5 years:

a/ Illegally hunting, killing, raising, caging, transporting or trading in animals on the List of endangered, precious and rare species prioritized for protection;

b/ Illegally stockpiling, transporting or trading in individuals or parts inseparable from living bodies or products of the animals specified at Point a of this Clause;

c/ Illegally stockpiling, transporting or trading in between 2 kilograms and under 20 kilograms of ivories; or between 50 grams and under 1 kilogram of rhino horns;

d/ Illegally hunting, killing, raising, caging, transporting or trading in animals on the List of endangered, precious and rare animals of group IB or provided in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora other than the species specified at Point a of this Clause, with the quantity of between 3 individuals and 7 individuals of the class Mammalia, between 7 individuals and 10 individuals of the class Aves or Reptilia, or between 10 individuals and 15 individuals of other classes;

dd/ Illegally stockpiling, transporting or trading in individuals or parts inseparable from living bodies with the quantity of between 3 individuals and 7 individuals of the class Mammalia, between 7 individuals and 10 individuals of the class Aves or Reptilia, or between 10 individuals and 15 individuals of other classes as specified at Point d of this Clause;

e/ Illegally hunting, killing, raising, caging, transporting or trading in animals or illegally stockpiling, transporting or trading in individuals or parts inseparable from living bodies or animal products with a quantity below the level specified at Point c, d or dd of this Clause but reoffending though having been administratively sanctioned for one of the acts specified in this Article or though having been convicted of this offense and not had such conviction expunged.”;

b/ To amend and supplement Clauses 4 and 5 as follows:

“4. The offender may also be subject to a fine of between VND 100,000,000 and VND 400,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

5. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 10,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 10,000,000,000 and VND 20,000,000,000, if falling into one of the cases specified at Points a, b, c, d, dd, g, h, i and k, Clause 2 of this Article;

c/ A fine of between VND 20,000,000,000 and VND 30,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases specified in Clause 3 of this Article;

d/ Termination of operation, if falling into the case specified in Article 79 of this Code;

dd/ The commercial legal person may also be subject to a fine of between VND 600,000,000 and VND 1,200,000,000, prohibition from doing business in certain fields or prohibition from operating in certain fields, or prohibition from raising capital for between 1 year and 3 years.”.

17. To amend and supplement Articles 245 and 246 as follows:

“Article 245. Violating the regulations on management of protected areas

1. A person who violates the regulations on management of protected areas in one of the following cases shall be subject to a fine of between VND 100,000,000 and VND 600,000,000, non-custodial reform for up to 3 years, or imprisonment of between 6 months and 3 years:

a/ Causing property damage of between VND 50,000,000 and under VND 200,000,000;

b/ Causing damage to the landscape or natural ecosystem in strictly protected zones of protected areas with a total area of between 300 square meters (m²) and under 500 square meters (m²);

c/ Reoffending though having been administratively sanctioned for one of these acts or reoffending though having been convicted of this offense and not had such conviction expunged.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ Causing property damage of VND 200,000,000 or higher;

b/ Causing damage to the landscape or natural ecosystem in strictly protected zones of protected areas with a total area of 500 square meters (m²) or larger;

c/ In an organized manner;

d/ Using banned tools, equipment, methods;

dd/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 20,000,000 and VND 200,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 600,000,000 and VND 2,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 2,000,000,000 and VND 6,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases specified in Clause 2 of this Article;

c/ Termination of operation, if falling into the case specified in Article 79 of this Code;

d/ The commercial legal person may also be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, prohibition from doing business in certain fields or prohibition from operating in certain fields, or prohibition from raising capital for between 1 year and 3 years.

Article 246. Importing or dispersing invasive alien species

1. A person who commits one of the following acts shall be subject to a fine of between VND 200,000,000 and VND 2,000,000,000, non-custodial reform for up to 3 years, or imprisonment of between 1 year and 5 years:

a/ Illegally importing invasive alien animal or plant species, or potentially invasive alien animal or plant species that are valued at between VND 250,000,000 and under VND 500,000,000, or that are valued at under VND 250,000,000 but the offender reoffends though having been administratively sanctioned for this act;

b/ Spreading invasive alien animal or plant species or potentially invasive alien animal or plant species, causing property damage of between VND 150,000,000 and under VND 500,000,000.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 3 years and 7 years:

a/ In an organized manner;

b/ Illegally importing invasive alien animal or plant species, or potentially invasive alien animal or plant species that are valued at VND 500,000,000 or higher;

c/ Spreading invasive alien animal or plant species or potentially invasive alien animal or plant species, causing property damage of VND 500,000,000 or higher;

d/ Dangerous recidivism.

3. The offender may also be subject to a fine of between VND 100,000,000 and VND 1,000,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years.

4. A commercial legal person that commits the offense specified in this Article shall be subject to:

a/ A fine of between VND 2,000,000,000 and VND 6,000,000,000, if falling into the cases specified in Clause 1 of this Article;

b/ A fine of between VND 6,000,000,000 and VND 10,000,000,000 or suspension from operation for between 6 months and 3 years, if falling into the cases specified in Clause 2 of this Article;

c/ The commercial legal person may also be subject to a fine of between VND 200,000,000 and VND 2,000,000,000, prohibition from doing business in certain fields, prohibition from operating in certain fields, or prohibition from raising capital for between 1 year and 3 years.”.

18. To amend and supplement Articles 248, 249, 250, 251 and 252 as follows:

“Article 248. Illegally producing narcotics

1. A person who illegally produces narcotics in any forms shall be subject to imprisonment of between 3 years and 7 years.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 7 years and 15 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin or coca paste;

e/ Involving between 5 grams and under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

g/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

h/ Involving between 100 milliliters and under 200 milliliters of other narcotics in liquid form;

i/ Dangerous recidivism;

k/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points dd thru h of this Clause.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years:

a/ In a professional manner;

b/ Involving between 1 kilogram and under 5 kilograms of poppy resin, cannabis resin or coca paste;

c/ Involving between 30 grams and under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

d/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

dd/ Involving between 200 milliliters and under 750 milliliters of other narcotics in liquid form;

e/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points b thru dd of this Clause.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of 20 years or life imprisonment:

a/ Involving between 5 kilograms and under 30 kilograms of poppy resin, cannabis resin or coca paste;

b/ Involving between 100 grams and under 3 kilograms of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

c/ Involving between 300 grams and under 9 kilograms of other narcotics in solid form;

d/ Involving between 750 milliliters and under 22 liters of other narcotics in liquid form;

dd/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points a thru d of this Clause.

5. Committing the offense in one of the following cases, the offender shall be subject to life imprisonment or death penalty:

a/ Involving 30 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 3 kilograms or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

c/ Involving 9 kilograms or more of other narcotics in solid form;

d/ Involving 22 liters or more of other narcotics in liquid form;

dd/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points a thru d of this Clause

6. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for 1 year to 5 years, or confiscation of part or the whole of property.

Article 249. Illegally stockpiling narcotics

1. A person who illegally stockpiles narcotics not for the purpose of illegally trading in, transporting or producing narcotics in one of the following cases shall be subject to imprisonment of between 3 years and 5 years:

a/ Reoffending though having been administratively sanctioned for the acts specified in this Article or though having been convicted of this offense or one of the offenses specified in Articles 248, 250, 251, 252 and 256a of this Code and not had such conviction expunged;

b/ Involving between 1 gram and under 500 grams of poppy resin, cannabis resin or coca paste;

c/ Involving between 0.1 gram and under 5 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

d/ Involving between 1 kilogram and under 10 kilograms of coca leaves; catha edulis leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants as specified by the Government;

dd/ Involving between 5 kilograms and under 50 kilograms of dried poppy fruits;

e/ Involving between 1 kilogram and under 10 kilograms of fresh poppy fruits;

g/ Involving between 1 gram and under 20 grams of other narcotics in solid form;

h/ Involving between 10 milliliters and under 100 milliliters of other narcotics in liquid form;

i/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points b thru h of this Clause.

2. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 5 years and 10 years:

a/ In an organized manner;

b/ Committing the offense twice or more;

c/ Abusing his/her position and powers;

d/ Abusing the name of an agency or organization;

dd/ Employing a person aged under 16 years to commit the offense;

e/ Involving between 500 grams and under 1 kilogram of poppy resin, cannabis resin or coca paste;

g/ Involving between 5 grams and under 30 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

h/ Involving between 10 kilograms and under 25 kilograms of coca leaves; catha edulis leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants as specified by the Government;

i/ Involving between 50 kilograms and under 200 kilograms of dried poppy fruits;

k/ Involving between 10 kilograms and under 50 kilograms of fresh poppy fruits;

l/ Involving between 20 grams and under 100 grams of other narcotics in solid form;

m/ Involving between 100 milliliters and under 250 milliliters of other narcotics in liquid form;

n/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points e thru m of this Clause;

o/ Dangerous recidivism.

3. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 10 years and 15 years:

a/ Involving between 1 kilogram and under 5 kilograms of poppy resin, cannabis resin or coca paste;

b/ Involving between 30 grams and under 100 grams of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

c/ Involving between 25 kilograms and under 75 kilograms of coca leaves; catha edulis leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants as specified by the Government;

d/ Involving between 200 kilograms and under 600 kilograms of dried poppy fruits;

dd/ Involving between 50 kilograms and under 150 kilograms of fresh poppy fruits;

e/ Involving between 100 grams and under 300 grams of other narcotics in solid form;

g/ Involving between 250 milliliters and under 750 milliliters of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points a thru g of this Clause.

4. Committing the offense in one of the following cases, the offender shall be subject to imprisonment of between 15 years and 20 years or life imprisonment:

a/ Involving 5 kilograms or more of poppy resin, cannabis resin or coca paste;

b/ Involving 100 grams or more of heroin, cocaine, methamphetamine, amphetamine, ketamine, fentanyl, MDMA or XLR-11;

c/ Involving 75 kilograms or more of coca leaves; catha edulis leaves; leaves, roots, stems, branches, flowers or fruits of cannabis plants or parts of other narcotic-bearing plants as specified by the Government;

d/ Involving 600 kilograms or more of dried poppy fruits;

dd/ Involving 150 kilograms or more of fresh poppy fruits;

e/ Involving 300 grams or more of other narcotics in solid form;

g/ Involving 750 milliliters or more of other narcotics in liquid form;

h/ Involving 2 or more kinds of narcotics with an aggregate weight or volume equivalent to that stated in one of the cases specified at Points a thru g of this Clause.

5. The offender may also be subject to a fine of between VND 5,000,000 and VND 500,000,000, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between 1 year and 5 years, or confiscation of part or the whole of property.

Article 250. Illegally transporting narcotics

1. A person who illegally transports narcotics not for the purpose of illegally producing, trading in or stockpiling narcotics in one of the following cases shall be subject to imprisonment of between 3 years and 7 years:

a/ Reoffending though having been administratively sanctioned for the acts specified in this Article or though having been convicted of this offense or one of the offenses specified in Articles 248, 249, 251, 252 and 256a of this Code and not had such conviction expunged;