CIRCULAR Guide and apply some of the provisions in Chapter VIIA "on drug crimes" of the criminal code _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To apply uniformly the regulations of the law on amendments and supplements to some articles of the criminal code was being keyword Congress IX, 11 session through on 10-5-1997 , The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of the Interior issued Circular No. 01/1998/TTLT-TANDTC-VKSNDTC-BNV on 2-1-1998 "Guide and apply some of the provisions of the law on amendments and supplements to some articles of the Criminal Code" (hereinafter referred to as the circular No. 01/1998). After this circular effect, some local legal protection has, the cell phone, the proposal of the Supreme People's Court, people's Procuratorate, the Ministry of the Interior dark specific guidelines than acts of "unlawful sale of narcotics"; "organizing unauthorized use of narcotics"; There is also the additional guidelines recommended a number of provisions of the criminal code on "the crime of drug trafficking".
To the correct and uniform application of the provisions in Chapter VIIA "drug crimes" of the criminal code. The Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security system for guiding some of the points as follows: 1. the unauthorized purchase behavior narcotics specified in article 185 dd the criminal is one of the following acts: a. Sell illegal narcotics to others;
b. purchase of narcotics to an unauthorized sale to others; c. Please narcotics to illegal sale to others;
d. possession of narcotics to an unauthorized sale to others; d. shipping narcotics to illegal sale to others;
e. Use narcotics to Exchange payments, unauthorized ...;
g. Use of assets (not money) offer of Exchange, the payment ... taking narcotics to unauthorized resale to others.
When performing the above instructions need attention:-who made one of the acts to be directed at points a and e must be blind for criminal liability for the crime of "illegal sale of narcotics," according to article 185 of the penal code DD not dependent on Narcotics because of origin where there.
-To access rescue base criminal liability who performed one of the acts to be directed at points b, c, d, e and g on charges of illegally trading narcotics under article 185 dd to the criminal, the need to prove the purpose made one of their behaviour is illegal narcotics sales. In case of failure to prove the purpose of selling illegal narcotics, then customize each particular case based on the instructions in point 4 b section II part B of circular No. 01/1998 to administrative processing or prejudice criminal liability for the crime of "unlawful possession of narcotics" under article 185c to the criminal offence or the "shipping illegal narcotics "under article 185d of the Penal Code.
-Who would perform one of the offences was instructed in point I of this circular, which previously or thereafter made a or or many other offences of drug trafficking, the prejudice to criminal responsibility was implemented in accordance with the instructions in point 5 section II part B of circular No. 01/1998.
-The Organizer, who incited, who help for people who would perform one of the above acts were prejudice criminal liability for the crime of "illegal narcotics sales" provisions of article 185 dd the criminal.
-Article 1 of this circular replaces details d point 2 section II part B of circular No. 01/1998.
2. Organizational behavior unauthorized use of drugs prescribed in article 185i the criminal is one of the following acts: a. Commander, assigned, operating activities included illegal narcotics on the body;
b. Venue Hire, borrow locations, use the location in his possession or under his management, as well as find places to do where brought illegal drugs into the body;
c. providing illegal narcotics (except the sale of unauthorized acts of narcotics) to others for their unauthorized use of narcotics;
d. prepare Narcotics of any kind (purchase, production, storing, ...) to bring illegal drugs into the body;
d. Find the use of narcotics for organizers of the unauthorized use of narcotics to bring illegal drugs into the body of the person;
e. preparation of vehicles, tools on the unauthorized use of narcotics in any way (purchasing, production, storing, ...), in order to use them to bring illegal drugs into the body;
g. other acts (in addition to the acts be directed at points a, b, c, d, e and e above) help other people using illegal drugs (such as for others money, for others that people borrow money to buy drugs, unauthorized use of property, for others, for others is not property loans money to people in Exchange for narcotics use left lets; help other people smoking, inhaling illegal drugs; help others injection, injecting illegal narcotics...), if the person doing one of these behaviors has:-been convicted of one of the crimes of drugs are prescribed in the criminal code, but not yet deleted;
-Dealt with the violation of a behavior in violation of narcotics are prescribed in the criminal code and materialized in circular No. 01/1998 and this circular, but that's not all the time limit is considered to have not been handling administrative violations;
-Is the agency conducting the proceedings free of criminal liability of one of the violations of the drug are prescribed in the criminal code and materialized in circular No. 01/1998 and this circular, but not too the time limit of one year from the date are exempt from criminal liability;
-State agencies (such as the people's Committee or the police from the wards and communes, the Agency where the work ...), institutions, associations (such as: population groups, Youth League organizations, women ...) as well as those who are responsible in the Agency where the work or in the home (such as local : Heads, regional police, the people's Committee representative level, the major population groups...) education, but not too the time limit of one year, counting from the day was education. Noting that must have adequate grounds for affirming that the implementation of one of the above acts were education (such as minutes of meetings; a self check out points or a guarantee of the breach; the convening to competent State bodies to education; the person in charge to take advantage of the family education ...).
Who would perform acts of organizing unauthorized use of narcotics, but also implement one or more other drug crimes stipulated in the respective laws of the criminal code, in addition to being prejudice criminal liability under article 185i criminal code, customize each case may also save the criminal liability of other crimes have made provisions in the respective laws of the criminal code.
-Point 2 of this circular replaces Xue e point 2 section II part B of circular No. 01/1998.
3. unauthorized use narcotics are prescribed in article 185i the criminal behavior is themselves or thanks to others taken illegal narcotics into his body under any form whatsoever (such as: smoking, inhalation, injection, injecting narcotics ...) in order to satisfy the demand for narcotics.
Only prejudice criminal liability on charges of unauthorized use of drugs prescribed in article 185 of the Penal Code when the unauthorized use of narcotics has been educating many times and has been handled by administrative measures taken on the basis of required healing but also continue to use illegal narcotics.

-"Education has been repeatedly" is understood to have been State authorities, organizations as well as those who have local responsibility from twice or more, convince, reminder or sanctioning administrative violations, but continued unauthorized use of narcotics.
-Are considered to have been handled by administrative measures taken on the basis of compulsory treatment, if the measures taken on the basis of required healing is done in accordance with the provisions of article 10 and article 24 Ordinances handling administrative violations (Commission of the National Assembly passed on 6-7-1995) and in accordance with the provisions of the Statute "On the basis of healing according to Ordinance disposal justified on administrative violations 6-7-1995 "(attached to Decree No. 20/CP dated 13 April 1996 by the Government).
People would have been convicted on charges of "unauthorized use of narcotics" that re-offending, then must be prejudice criminal liability under paragraph 2 to article 185 of the Penal Code.
4. Acts of harboring the unauthorized use of drugs prescribed in article 185k to the criminal behavior of the person in whose possession or management by themselves know the other person is subject to unauthorized use of narcotics, but still let them borrow or rent it to them directly using illegal narcotics to satisfy the needs about the use of narcotics.
People who have places for others to borrow or rent a location that they used it not to use narcotics to satisfy their needs regarding the use of drugs, which uses that location to bring narcotics into the body of other people using illegal narcotics , then you have to be blind to criminal offence "governing unauthorized use of narcotics" defined in article 185i the criminal.
5. Acts of forced others to use illegal drugs, prescribed in article 185m to the criminal behavior is to use force, threat of force or other tricks menace the spirit of others to force them to use illegal drugs against their will.
6. Acts to entice others to use illegal drugs, prescribed in article 185 m criminal behavior is dragged, seduce, instigated or by other tricks to elicit the desire of others to use narcotics illegally so they used illegal narcotics.
7. When prejudice to criminal offence of producing, storing, transporting, buying and selling the means, instruments used in the production or use of illegal narcotics, noting some of the following points: a. acts of unauthorised production, storage, transportation, unauthorized unauthorized, unauthorized purchases are understood as similar to the corresponding behavior was directed at the a, b, c points 2 section II part B of circular No. 01/1998 and point 1 of this circular.
b. If the person would first produce unauthorized possession of unauthorized, improper transportation, unauthorized vehicles, buying tools on the unauthorized use of narcotics to myself for unauthorized use of narcotics, not to the point of being blind for criminal liability, but must be handled administratively; If the Administration has dealt with but also violated, they must suffer prejudice criminal liability under article 185h of the Penal Code.
c. are considered "illegal characters have large quantity" in clause 2 185h Thing UPO the criminal, if there are 5 or more vehicles, tools (may be the same type, may be different).
8. Notes on several factors determined guilt or penalty as follows: a. In the laws on drug crime have prescribed conditions "were sanctioned administratively but also violates", then just count the case sanctioned administration since August 22-5-1997 onwards;
b. must be considered a crime "for many" in the law about crime on Narcotics details specified is framing details punishment, if during one of which the offender has made crime for two people or more (such as: unauthorized use of narcotics in a times for two people or more; a raped , two solicitations or over unauthorized use of narcotics);
c. Must apply certain penalty details "guilty many times" specified in point b of paragraph 2 Article 185d to the criminal in the following cases:-Buy illegal narcotics from twice or more to illegally selling to others, regardless of the sale once or many times;
-Buy illegal narcotics and unauthorized resale amount of narcotics from the twice or more for others, irrespective of resale from twice or more for one person or for many people;
-Buy illegal narcotics and unauthorized resale amount of narcotics in the same time for two or more people.
9. Modification, some additional instructions of circular No. 01/1998 as follows: a. Paragraph 2 1 a of section II of part B of the circular No. 01/1998 additional instructions as follows: "to note that opium resin include: opium resin from poppy opium resin, have been condensed into the form of glue, shape ... as for the poppy solution for injection, injection is not considered narcotics in liquid that should determine the amount of opium in order to calculate the weight of the drug. For xái not considered drug opium resin which need to determine the amount of opiates in poppy xái to calculate the weight of opium ".
b. the instructions marked with (+) Monday of the second (*) details b section II part B point 4 of circular No. 01/1998 be amended and supplemented as follows: "any person who has been convicted of a crime in the drug are prescribed in the criminal code, but not yet deleted projects without storing unauthorised or improper transportation one of the narcotics was the above instructions (instructions at first (*) details b section II part B point 4 of circular No. 01/1998), if not in the case of re-offense dangerous, being prejudice criminal liability according to paragraph 1 Article 185c or Article 185d paragraph 1 respectively; If in the case of re-offense dangerous, being prejudice criminal liability under clause 2 or clause 2 185c Things 185d Things respectively.
Must also be prejudice criminal liability according to paragraph 1 Article 185c or Article 185d paragraph 1 respectively who examined unauthorised or unlawful transportation from two narcotics and narcotics each weighing instructions on here (instructions at first (*) details b section II part B point 4 of circular No. 01/1998) ".
10. This circular is effective from June 20, 1998.
-The instructions in this circular, if mitigating criminal liability compared to previous guidance documents, shall be applied when the investigation, prosecution, trial of the first instance, appellate, cassation trial or retrial for the offence before this circular effect.
-For cases in which the offenders were convicted in accordance with the guidance documents previously and the judgment has the effect of law, did not apply the guidelines in this circular to protest under the order of Cassation, retrial.
-With regard to the case are conducting the investigation, prosecution, trial of the first instance, appellate, cassation trial or retrial which applied the guidelines in this circular to claim exemption from criminal responsibility to be accused, the investigating authorities, the Procuracy, the courts need to explain to them clearly that the case be exempt from criminal liability is not basis of compensation for damage caused by the Agency's authority to conduct the proceedings.

In the process of implementation of this circular, if found to have problems, then the investigation, Procuracy, the courts to immediately report to the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security to have timely instructions.