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How much drug quantity leads to imprisonment in Vietnam?
This is a question that causes serious anxiety for many foreigners when they are under investigation or when a family member has been arrested. A small mistake, carrying luggage for someone else, or accepting a package of “unknown origin” may result in severe criminal liability.
So how does Vietnamese law regulate this issue? Is it true that below a certain quantity you will not be prosecuted? And what should foreigners do right now?
The article below will help you understand the current legal framework and guide you on how to protect your legal rights.
Vietnam strictly penalizes drug-related offenses. For foreigners, the law applies in the same manner as it does to Vietnamese citizens under the 2015 Criminal Code (amended and supplemented in 2017).
The most common charge in practice is the offense of “Illegal Trading of Narcotic Substances” under Article 251 of the 2015 Criminal Code (amended 2017).
Many people believe: “Only large quantities lead to criminal prosecution.”
This is a very dangerous misconception.
Under Article 251, any act of buying, selling, exchanging, brokering, or transporting narcotics for illegal trading purposes — even in small quantities — may result in criminal prosecution.
For example:
Heroin, cocaine, methamphetamine: from 0.1 gram or more may already trigger criminal liability.
Cannabis, coca leaves, opium resin, etc., also have very low statutory thresholds.
The basic penalty frame (Clause 1, Article 251) ranges from 2 to 7 years of imprisonment for lower quantities.
Therefore, the answer to “How much drug quantity leads to imprisonment in Vietnam?” is: imprisonment may apply once the minimum statutory threshold is met — even if the quantity is small.
Article 251 provides multiple penalty brackets depending on quantity and circumstances:
Aggravated cases (Clauses 2 and 3): larger quantities, organized crime, transnational elements.
Especially serious cases (Clause 4): very large quantities (e.g., 100 grams or more of heroin, 300 grams or more of methamphetamine), with penalties ranging from 20 years’ imprisonment to life imprisonment or death penalty.
For foreigners, involvement in cross-border drug networks may be considered an aggravating factor.
However, each case is assessed individually based on:
The role in the offense (mastermind or minor participant)
Knowledge of the narcotics
Financial benefit received
Whether there was coercion or deception
There is no “safe number” that guarantees immunity. The key lies in the specific evidence of the case.
Receiving a police summons, being detained, or learning that a family member has been arrested for drug-related allegations often causes panic and confusion.
At this stage, your decisions will significantly affect the entire criminal process.
Many foreign clients fall into situations where they:
Sign documents without fully understanding Vietnamese.
Believe that “confessing quickly” will help them go home sooner.
Admit conduct without understanding the legal elements of the offense.
In drug-related cases, initial statements are extremely important. Misunderstandings, translation errors, or inaccurate declarations can seriously harm your defense.
Under Vietnam’s Criminal Procedure Code, an accused person has the right to:
Have a lawyer participate from the investigation stage.
Request an interpreter.
Not be compelled to testify against themselves.
Having a criminal defense lawyer experienced in handling cases involving foreigners in Vietnam is critically important.
Some people search online for:
“How much drug quantity avoids the death penalty?”
“Is there a way to avoid imprisonment?”
It must be stated clearly: no lawyer can guarantee the outcome of a criminal case. Each case depends on evidence, statements, forensic conclusions, and the assessment of prosecuting authorities.
However, a lawyer can:
Analyze whether all legal elements of the crime are satisfied.
Assess accomplice roles and mitigating circumstances.
Propose mitigation under Article 51 of the Criminal Code.
Challenge unlawful evidence or request re-examination.
Protect foreign victims’ rights in drug-related cases.
Language barriers, differences in legal systems, and pressure from family abroad are real challenges. Instead of making unrealistic promises, professional legal counsel focuses on a clear, evidence-based defense strategy.
Vietnam maintains a very strict criminal policy on drug offenses. Do not compare penalties with other countries.
Your role in the case significantly affects sentencing. Organizers and main beneficiaries are treated very differently from those deceived, coerced, or unaware.
Hire a lawyer as early as possible. The investigation stage is critical. Waiting until indictment may limit defense options.
If you or your loved one:
Have been summoned by police for suspected drug trading,
Are being detained in Vietnam,
Are a foreigner involved in or harmed by a drug-related criminal case,
Do not wait until formal charges are filed to seek legal assistance.
In conclusion, imprisonment may apply once the statutory minimum threshold is met, and penalties increase with larger quantities. Each case is unique, and your legal protection depends heavily on early and proper legal strategy.
Are you facing a similar situation?
Contact DEDICA Law for strategic legal advice tailored to your case.
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo supported)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us today for an initial consultation with our experienced legal team.
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