DEDICA ADVISES A positive test result might seem like it only leads to a small administrative fine of a few million VND, but if caught during rehabilitation or post-rehabilitation management, the user could face criminal charges with up to 5 years in prison. From July 1, 2025, Article 256a of the Penal Code criminalizes the act of illegal drug use for the first time—a legal boundary that many foreigners living and working in Vietnam easily misunderstand.
Is drug use in Vietnam always treated as a criminal offense? What is the penalty for relapse while in rehabilitation? And how can one distinguish between when it is just a small administrative fine and when it requires appearing in court? These are questions that confuse many foreigners in Vietnam and their families when hearing about this new regulation. This article provides a precise analysis of the scope of Article 256a, its boundary with administrative penalties, and the legal risks to note.
Article 256a of the Penal Code: When drug use becomes a criminal offense
Before July 1, 2025, the 2015 Penal Code (amended 2017) did not have a specific offense for illegal drug use. This gap made it difficult to handle individuals who relapsed during rehabilitation, primarily resulting in administrative fines despite multiple violations. Law No. 86/2025/QH15, amending and supplementing several articles of the Penal Code, added Article 256a to bridge this gap.
What this means for you: this offense does NOT apply to drug use in general, but specifically targets four groups, all of whom are already within a rehabilitation management process established by competent authorities. If you have never been placed in rehabilitation, replacement treatment, or post-rehabilitation management, your act of drug use (even if detected) does not yet fall within the scope of Article 256a.
Regarding classification, frame 1 (2-3 years in prison) is a less serious crime as the maximum of the frame does not exceed 3 years; frame 2 applies upon recidivism (3-5 years in prison), which shifts to a serious crime. This classification directly affects the authority of investigation, prosecution, and the ability to apply lenient policies.
The boundary between administrative penalties and criminal prosecution
This is the most misunderstood point: the majority of illegal drug use cases in Vietnam are still only subject to administrative penalties, not criminal ones.
In other words, a person using drugs for the first time, who has never been subject to rehabilitation or management measures under the Law on Drug Prevention and Control, usually only faces an administrative fine of 1-2 million VND, not a criminal sentence. Article 256a is only triggered when that person is already within one of the four management timeframes mentioned above and continues to use.
Management procedures for drug users and rehabilitation under current law
To understand when a person is "in the period of management" under Article 256a, one must grasp the sequence regulated by the 2021 Law on Drug Prevention and Control. The process consists of three successive stages.
Step 1: Testing and status determination. When there are grounds for suspicion, competent authorities conduct drug testing in the body. If the result is positive and the person has not been determined to be addicted, this person falls under the category of "illegal drug user".
Step 2: Management of illegal drug users. Within 3 working days from the date of a positive result, the Chairperson of the commune-level People's Committee issues a management decision, lasting 1 year. This is NOT an administrative penalty, but rather consulting, periodic testing, and preventing disruptive behavior. It is during this stage that, if that person continues to use drugs, they will fall under Point c, Clause 1, Article 256a.
Step 3: Rehabilitation and post-rehabilitation management. If determined to be addicted, that person enters the rehabilitation process (voluntary or compulsory), and upon completion, is subject to post-rehabilitation management at their place of residence: 1 year if completing voluntary rehabilitation or replacement treatment, 2 years if having completed the administrative penalty measure of being sent to a compulsory rehabilitation center. Using drugs at any stage in step 3, or within 2 years after the expiry of the post-rehabilitation management period while still within the management period for drug users, can constitute an offense under Article 256a.
Legal risks and common misunderstandings in practice
A common misunderstanding is that anyone caught positive for drugs in Vietnam will be immediately criminally prosecuted. In reality, as analyzed, most first-time cases stop at administrative fines. The real risk lies in not being aware that one is within a specific management timeframe, especially for foreigners who are not familiar with tracking administrative decisions in Vietnamese issued by commune-level People's Committees.
Another risk comes from the overlapping calculation of timeframes between stages. Point c, Clause 1, Article 256a stipulates that the time of constituting an offense is when one is both within 2 years from the end of post-rehabilitation management and still within the management period for illegal drug users (which only lasts 1 year according to a separate decision). Determining exactly whether a person is in the transition period of these two milestones requires cross-referencing specific administrative decisions, and cannot be generally assumed.
For recidivists, the penalty frame increases from 2-3 years to 3-5 years, and simultaneously exceeding the 3-year prison threshold makes the possibility of a suspended sentence significantly reduced, because under current regulations, a suspended sentence only applies when the sentenced term does not exceed 3 years. This is a practical consequence to consider when evaluating aggravating and mitigating circumstances in a case file.
The role of DEDICA in protecting the rights of individuals handled under Article 256a
With a new offense, correctly determining whether an individual truly falls within the scope of Article 256a or should only be subject to administrative penalties is the most important step, and requires a lawyer to cross-reference the file, management decisions, and specific milestones of each person. DEDICA supports reviewing legal grounds right from the stage of working with the police, participating in defense throughout the investigation to the trial if the case is prosecuted, and advising on the possibility of applying for a suspended sentence or suitable mitigating circumstances based on the actual file. For families abroad, DEDICA is also a channel for updating information when a loved one is in legal proceedings in Vietnam.
Conclusion
Article 256a of the Penal Code (effective from July 1, 2025) only criminalizes the act of illegal drug use in four specific cases: being in rehabilitation or replacement treatment, being in post-rehabilitation management, being in the transition period of management for users after the end of post-rehabilitation management, or within 2 years since voluntarily abandoning voluntary rehabilitation. Outside of these four cases, drug use is still mainly subject to administrative fines of 1-2 million VND under Decree 282/2025/ND-CP. If you or a loved one is in any stage of rehabilitation, replacement treatment, or post-rehabilitation management in Vietnam, and are worried about your legal boundaries, you should have a lawyer accurately cross-reference the management decision and timeline before taking any action with authorities.
If you or a loved one is facing issues related to this new regulation, especially when you are unsure if you are currently under management according to the Law on Drug Prevention and Control, DEDICA is ready to review your specific file and advise on an appropriate course of action. Contact DEDICA for a lawyer to assess your case directly.
The content of this article is for reference based on legal regulations at the time of writing. Each case has its own details, file, and legal proceeding stage; please consult a DEDICA lawyer to be accurately assessed for your specific case. DEDICA Law Firm is ready to support you with legal consultation regarding Article 256a of the Penal Code. Contact DEDICA for in-depth legal consultation.