Legislative implementation by vietnam of its obligations under the united nations drug control conventions

University of Wollongong Theses Collection
University of Wollongong Theses Collection
University of Wollongong Year 
Legislative implementation by Vietnam
of its obligations under the United
Nations Drug Control Conventions
Hoa Phuong Thi Nguyen
University of Wollongong
Nguyen, Hoa Phuong Thi, Legislative implementation by Vietnam of its obligations under
the United Nations Drug Control Conventions, PhD thesis, Faculty of Law, University of
Wollongong, 2008. />This paper is posted at Research Online.
/>Faculty of Law






Legislative Implementation by Vietnam of Its Obligations under the
United Nations Drug Control Conventions






Hoa Phuong Thi Nguyen

This thesis is presented as full requirements for the award of a
PhD
at the University of Wollongong







March 2008





i

CERTIFICATION

I, Hoa Phuong Thi Nguyen, declare that this thesis, submitted in fulfilment of the
requirements for the award of Doctor of Philosophy, in the Faculty of Law,
University of Wollongong, is wholly my own work unless otherwise referenced or
acknowledged. The document has not been submitted for qualifications at any other
academic institution.

Hoa Phuong Thi Nguyen
31 July 2007

ii

ABSTRACT
Lying across many important traffic routes in South-East Asia and located within the
proximity of the Golden Triangle, Vietnam has become an international transit point
for illicit drugs. The availability of drugs smuggled from its neighbouring countries
has brought about an alarming increase in drug abuse in the whole country, and
especially among the youth. Having a tropical monsoon climate, it has also
traditionally faced the problems of opium poppy cultivation and opium smoking
among the ethnic populations in its mountainous and upland areas. In 1997, with the
ratification of the three UN Drug Control Conventions,
1
Vietnam officially stepped
into the international battle against illicit drugs. Becoming a Party to the
Conventions, it came under obligations to bring domestic legislation into line with
international standards. This Thesis examines, in-depth, the legal framework for drug
control in Vietnam adopted in the years since it became a Party to the UN Drug
Control Conventions. The Thesis first defines the obligations of Parties under these
Conventions and then compares and analyzes strengths and weaknesses of
Vietnamese legislation implementing the obligations.
The contributions made by this Thesis to the field of drug control research are two-
fold. First, it contributes a new understanding of Vietnamese successes and
shortcomings in drug control laws that implement international obligations and
identifies opportunities for improvement of the national drug control legal
framework. Secondly, the success of international drug control mechanisms depends

heavily on implementation by the individual contracting Parties. Yet state
implementation in accordance with national legislation and institution capabilities
varies considerably. This case study of Vietnamese implementation is useful for
furthering understanding of the transformation of drug control international standards
into national law, especially in developing countries having similar legal, social and
economic features, such as are found in Indo-China.

1
I.e. Single Convention on Narcotic Drugs, opened for signature 30 March 1961 (entered into force
13 December 1964); Convention on Psychotropic Substances, opened for signature 21 February 1971
(entered into force 16 August 1976) and Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, opened for signature 20 December 1988 (entered into force 11 November
1990).

iii

ACKNOWLEDGEMENTS
Leaving behind a beloved family to travel abroad for fulltime PhD research is truly a
very hard undertaking. I could not have departed on this journey if my husband had not
given me strong encouragement, originating from his profound understanding of my
desire for further study. Therefore, I am deeply in debt to his love.
During the completion of necessary procedures for this travel, I was greatly supported
by a teacher whom I much respect, Mr. Xuan Te, and my kind-hearted managers, Mr.
Quang De and Mrs. Hoang Hoa. Deeply in my heart, I would like them to know that
without their support I could not have continued this further study.
Doing research in Australia – a completely new academic environment – has not been
easy, but everything seemed to be much simpler working with Professor Gregory Rose
who is my principal supervisor. Since our first meeting, I have much admired him for his
critical and logical views. His comments and clear guidelines have led me to stronger
arguments on the subjects studied. From the bottom of my heart, I profoundly appreciate

the supervision of Prof. Rose of my research project.
I am also grateful to have been under the co-supervision of Associate Professor Doug
McKinnon who is a director of the Centre for Transnational Crime Prevention. Although
not focusing in detail upon each issue raised, his overall comments helpfully widened my
views. I am especially grateful for his support in the form of arrangements for various
social activities during the time I studied in Wollongong.
In addition, I greatly appreciate the help of Mr. Peter Moore with editing my Thesis. As
English is not my mother language, I unavoidably made a number of grammatical
mistakes and, in certain cases, did not express my views as well as I might. The edition
of Mr. Moore meaningfully helps me to have a well-written Thesis in English.
Personally, I could not have spent my time fully on my research but for my dear sisters.
While I was away from home, my older and younger sisters kindly looked after our
father so that I was able to concentrate on the research. They have also insistently
encouraged me to keep going with the work. Their selfless devotion to me is always in
my heart. And finally, special thanks are given to some of my friends in Australia: Tracy
Wood, Aladine Magareih, Ong Tom and Ba Francie. Their friendship has been truly
meaningful to me personally.

iv

TABLE OF CONTENTS
ABSTRACT ii
ACKNOWLEDGEMENTS iii
TABLE OF CONTENTS iv
LIST OF FIGURES x
1. INTRODUCTION 1
1. 1 Background 1
1. 2 Statement of the Problem 2
1. 3 Research Questions 8
1. 4 Scope and Methodology 10

1. 5 Contributions of the Thesis 13
1. 6 Synopsis of the Thesis 14
2 VIETNAMESE CONTEXT FOR DRUG CONTROL 18
2. 1 General Data 19
2.1.1 Location and Territory 19
2.1.2 Climate 22
2.1.3 Population 23
2. 2 Political System 27
2.2.1 Communist Party 27
2.2.2 Mass Organizations 29
2. 3 State System 30
2.3.1 National Assembly 30
2.3.2 President 31
2.3.3 Government 32
2.3.4 Prime Minister 33
2.3.5 People’s Council and People’s Committee 34
2.3.6 People’s Courts 35
2.3.7 People’s Procuracy 36
2. 4 Vietnamese Legal System 36
2.4.1 Overview 36
2.4.2 The 1992 Constitution, amended in 2001 39
2.4.3 Sources of Law 39

v

2. 5 Economic and Social Changes over the Country 41
2.5.1 Doi Moi Policy - A Turn in the Country’s Development 42
2.5.2 Remaining Difficulties and Problems 46
2. 6 Conclusion 47
3 DRUG PROBLEMS IN VIETNAM AND VIETNAM’S RATIFICATION OF

THE UN DRUG CONTROL CONVENTIONS 49
3. 1 Drug Problems in Vietnam 50
3.1.1 Historical Overview 50
3.1.2 Drug Cultivation 52
3.1.3 Drug Trafficking 58
3.1.4 Drug Abuse 66
3. 2 Ratification of the Three United Nations Drug Control Conventions 72
4 CONTROLLED SUBSTANCES 79
4. 1 Controlled Substances under the UN Drug Control Conventions 80
4.1.1 Defining the Controlled Substances: Enumerative Method 80
4.1.2 Narcotic Drugs under the 1961 Convention 83
4.1.3 Psychotropic Substances under the 1971 Convention 86
4.1.4 Substances Frequently Used in the Illicit Manufacture of Narcotic
Drugs and Psychotropic Substances under the 1988 Convention 91
4. 2 Controlled Substances under Vietnamese Legislation 95
4.2.1 Defining Controlled Substances: A Combination of Enumerative and
Descriptive Methods 96
4.2.2 Definition and Schedules of Narcotic Substances 101
4.2.3 Definition and Schedule of Precursors 108
4. 3 Conclusion 110
5 CONTROLS ON LICIT DRUG ACTIVITIES 113
5. 1 Restrictions on the Cultivation of Drug-Producing Plants 115
5.1.1 Restrictions on the Cultivation of Drug-Producing Plants under the
1961 Convention 115
5.1.2 Prohibition on the Cultivation of Drug-Producing Plants under
Vietnamese Legislation 117
5. 2 Quantitative Restrictions in Licit Drug Activities 118

vi

5.2.1 Quantitative Restrictions under the Drug Control Conventions 118
5.2.2 Quantitative Restrictions in Licit Drug Activities under Vietnamese
Legislation 123
5. 3 Control of International Trade in Drugs: Import and Export Authorizations
128
5.3.1 Control of International Trade in Drugs under the Drug Control
Conventions 128
5.3.2 Control of International Trade in Drugs under Vietnamese Legislation
131
5. 4 Licensing of Licit Drug Activities and Premises 134
5.4.1 Licensing under the Drug Control Conventions 134
5.4.2 Licensing under Vietnamese Legislation 137
5. 5 Control on Persons Involved in Licit Drug Activities 140
5.5.1 Control on Persons under the Drug Control Conventions 140
5.5.2 Control on Persons Involved in Licit Drug Activities under
Vietnamese Legislation 142
5. 6 Medical Prescriptions 144
5.6.1 Medical Prescriptions under the Drug Control Conventions 144
5.6.2 Medical Prescriptions under Vietnamese Legislation 146
5. 7 Label Warning 147
5.7.1 Label Warning under the Drug Control Conventions 147
5.7.2 Label Warning under Vietnamese Legislation 148
5. 8 Advertisement Limitation 149
5.8.1 Advertisement Limitation under the Drug Control Conventions 149
5.8.2 Advertisement Limitation under Vietnamese Legislation 150
5. 9 Record Keeping 150
5.9.1 Record Keeping under the Drug Control Conventions 150
5.9.2 Record Keeping under Vietnamese Legislation 152
5. 10 Conclusion 154
6 CRIMINALIZATION OF DRUG-RELATED OFFENSES 161

6. 1 Drug-Related Offenses 162
6.1.1 Overview 162

vii

6.1.2 Supply-Related Offenses 165
6.1.3 Consumption-Related Offenses 183
6.1.4 Inchoate and Accessory Offenses 189
6. 2 Penalties 193
6.2.1 Penalties under the UN Drug Control Conventions 193
6.2.2 Penalties under Vietnamese Legislation 199
6. 3 Conclusion 207
7 JURISDICTION AND EXTRADITION 216
7. 1 Jurisdiction over Drug-Related Offenses 217
7.1.1 Jurisdiction over Drug-Related Offenses under the UN Drug Control
Conventions 217
7.1.2 Jurisdiction over Drug-Related Offenses under Vietnamese
Legislation 224
7. 2 Extradition of Drug-Related Offenders 228
7.2.1 Extradition under the UN Drug Control Conventions 228
7.2.2 Extradition under Vietnamese Legislation 235
7. 3 Conclusion 242
8 LAW ENFORCEMENT COOPERATION 245
8. 1 General Obligations 246
8.1.1 General Convention Requirements for Law Enforcement Cooperation
246
8.1.2 General Commitments of Vietnam 248
8. 2 Mutual Legal Assistance 249
8.2.1 Mutual Legal Assistance in Accordance with Article 7 of the 1988
Convention 249

8.2.2 Confiscation 258
8.2.3 Transfer of Proceedings 268
8. 3 Cooperation in Specific Law Enforcement Measures 269
8.3.1 Controlled Delivery 269
8.3.2 Prevention of the Use of Mail for Illicit Drug Traffic 273
8. 4 Conclusion 276
9 SPECIAL ADMINISTRATION FOR DRUG CONTROL 278

viii

9. 1 Special Administrative Arrangements under the UN Drug Control
Conventions 279
9.1.1 Obligations of Parties under the 1961 Convention 279
9.1.2 Obligations of Parties under the 1971 Convention 283
9.1.3 Obligations of Parties under the 1988 Convention 284
9. 2 Administrative Arrangements for Drug Control in Vietnam 287
9.2.1 National Authorities Engaged in Drug Control 287
9.2.2 Special Administration for Drug Control 303
9. 3 Conclusion 309
10 OBLIGATIONS TO FURNISH INFORMATION 315
10. 1 Overview 316
10. 2 Estimates and Statistics on Quantities of Drugs for Medical and
Scientific Purposes 324
10.2.1 Estimates and Statistics on Quantities under the UN Drug Control
Conventions 324
10.2.2 Estimates and Statistics under Vietnamese Legislation 330
10. 3 Furnishing of Other Drug Control Information 333
10.3.1 Annual Report Questionnaire 333
10.3.2 Responses by Vietnam to the ARQ and Its Legislation on Drug
Statistics 334

10. 4 Conclusion 341
11 CONCLUSION 344
11. 1 Controlled Substances 344
11. 2 Controls on Licit Drug Activities 345
11. 3 Criminalization of Drug-Related Offenses 349
11.3.1 Drug-Related Offenses 349
11.3.2 Penalties 352
11. 4 Jurisdiction and Extradition 353
11.4.1 Jurisdiction 353
11.4.2 Extradition 354
11. 5 Law Enforcement Cooperation 355
11.5.1 Mutual Legal Assistance 355

ix

11.5.2 Confiscation 356
11.5.3 Transfer of Proceedings 357
11.5.4 Controlled Delivery 358
11.5.5 Prevention of the Use of Mail for Illicit Drug Trafficking 358
11. 6 Special Administration for Drug Control 359
11. 7 Submission of Drug Control Information 362
11. 8 Epilogue 364
LIST OF PUBLICATIONS 366
BIBLIOGRAPHY 367



x

LIST OF FIGURES

Figure 2.1 Vietnam’s Location 20
Figure 2.2 Vietnam’s Population Statistics (million persons) 23
Figure 2.3 Vietnam’s Population Forecast in Fifteen-Year Period 2005-2020 24
Figure 2.4 Gross Domestic Product and Gross Domestic Product per Capita from
1995 to 2005 (at present prices) 43
Figure 3.1 Highest Opium Poppy Cultivation Areas in the Years 1985, 1990 and
1992 54
Figure 3.2
Estimated Cultivation and Production of Opium Poppies in Vietnam
(1993-2006) 57
Figure 3.3
Drug-Related Cases and Arrests in Vietnam (1995-2006) 59
Figure 3.5 Registered Drug Abusers in Vietnam (1995 - 2006) 67
Figure 4.1 Controlled Substances under the 1961 Convention 85
Figure 4.2 Controlled Substances under the 1971 Convention 90
Figure 4.3 Controlled Substances under the 1988 Convention 93
Figure 4.4 The List of Vietnamese Legislations Providing Definitions and Schedules
of the Nationally Controlled Substances 100
Figure 4.5 Schedules of Narcotic Substances under Vietnamese Control 104
Figure 4.6 Inconsistency between the Definition and Schedules of Narcotic
Substances 107
Figure 4.7 Substances under the Vietnamese National Control 111
Figure 5.1
A Brief Summary of the National Controls of Licit Drug Activities 156
Figure 6.1
Supply-Related Offenses under the 1988 Convention 168
Figure 6.2 Drug-Related Crimes and Punishments under the Criminal Code of
Vietnam 1999 201
Figure 6.3 Penalties Applicable to Drug-Related Offenses in Relation to the
Quantities of Drugs 204

Figure 6.4 Summary of Drug-Related Offenses under the UN Drug Control
Conventions and Responses by the Criminal Code of Vietnam 1999 209
Figure 9.1 Organizational Structure of the National Committee for Prevention and
Suppression of AIDS, Drugs and Prostitution 304

xi

Figure 9.2 Coordination authority structure 307
Figure 9.3 Overall Structure of Vietnam’s Drug Control Administration 311
Figure 10.1 A Summary of Information to Be Furnished under the UN Drug Control
Conventions 317


1

1. INTRODUCTION






1. 1 Background
Vietnam lies on the eastern seaboard of the Indochina Peninsula, with a total
landmass of 329,297 square kilometres and coastline of 3260 kilometres. It is
bordered by China to the north, Laos and Cambodia to the west and the South China
Sea to the south. Mountains and hills make up 75% of its total landmass.
1

Enjoying a humid and tropical monsoon climate, Vietnam has abundant rainfall with

the average of 2000 millimetres.
2
The tropical monsoonal climate provides a
favourable natural environment for opium poppy growth at an altitude of over 600
metres above sea level.
3
Therefore, Vietnam has long faced a history of opium
cultivation among ethnic minorities in the uplands and mountainous areas. The
origins of the contemporary drug problem in Vietnam are considered to be
intermingled with its history of opium cultivation.
4
Opium is thought to have arrived


1
See Tong Cuc Thong Ke, Nien Giam Thong Ke cua Nuoc Cong Hoa Xa Hoi Chu Nghia Vietnam
nam 2003 (2003)12 [trans: General Statistics Office, Statistical Yearbook of the Socialist Republic of
Vietnam in 2003 (2003)].
2
Ngoc Huy Nguyen and Van Tai Ta, The Le Code: Law in Traditional Vietnam: A Comparative Sino-
Vietnamese Legal Study with Historical-Juridical Analysis and Annotations (1987), 2; Tu Lap Vu,
Vietnam: Geographical Data (1979) 51-2 and Duc Ngai Truong and Thang Phan (eds), Viet Nam
Huong Toi The Ky XXI (2000) 15 [trans: Duc Ngai Truong and Thang Phan (eds), Vietnam Towards
the Twenty-First Century (2000)].
3
Van Hoa Do, Xac Dinh Mo Hinh Co Cau Cay Trong Thich Hop Tren Dat Doc Vung Cao Mien Nui
Phia Bac Gop Phan Bo Sung Cac Giai Phap cho Chuong Trinh Thay The Cay Thuoc Phien (D Phil
thesis, Vien Khoa Hoc Ky Thuat Nong Nghiep Vietnam, 1996) 47 and 120 [trans: Van Hoa Do,
Finding a Suitable Cultivation Structure for Northern Mountainous and Upland Areas as a
Contribution to the Opium Poppy Alternatives Program (D Phil Thesis, Technical Agriculture

Institution, 1996)].

4
Ethnic Minorities, Drug Use & Harm in the Highlands of Northern Viet Nam - A Contextual
Analysis of the Situation in Six Communes from Son La, Lai Chau, and Lao Cai, July 2003 (2003)
United Nations Office on Drugs and Crime
<:80/pdf/vietnam/vietnam_ethnic_minorities_report.pdf> at 18 August 2004
1.1 Background
1.2 Statement of the Problem
1.3 Research Questions
1.4 Scope and Methodology
1.5 Contributions of the Thesis
1.6 Synopsis of the Thesis

2

in Vietnam via Laos in between the years 1600 and 1665.
5
The ethnic populations
use opium as an effective medicine against pains and illness, a stimulant in their folk
festivals and as a substance to alleviate hunger.
6
The tradition of opium poppy
cultivation and opium smoking has led to a very high rate of abuse in the ethnic
communes.
7

1. 2 Statement of the Problem
Located in close proximity to the Golden Triangle (Myanmar, Laos, Thailand) that is
one of the major opium sources of the world, and being a neighbour of Cambodia

which has become an important source of cannabis for global illicit markets,
8

Vietnam has been reported as an important drug transit country.
9
Its common border
with Laos, which stretches 2067 kilometres with many small roads and tracks
running through low hills, has been used as an important gateway for illicit drugs
smuggled into the country.
10
Heroin from the Golden Triangle and other synthetic

and United States Department of State Bureau for International Narcotics and Law Enforcement
Affairs, Excerpt from: International Narcotics Control Strategy Report, March 2004, Vietnam United
Department of State International Information Programs
< at 17 August 2004.

5
Phong Hoa Nguyen and Ngoc Hung Dang, Ma Tuy va nhung Van De ve Cong Tac Kiem Soat Ma
Tuy (1994) 90 [trans: Phong Hoa Nguyen and Ngoc Hung Dang, Narcotics and Matters Concerning
Narcotics Control (1994)].
6
Thi Mai Nga Nguyen and Quoc Huynh Pham, Nhung Van De Co Ban trong Cong Tac Kiem Sat
Dieu Tra va Kiem Sat Xet Xu cac Toi Pham ve Ma Tuy o Viet Nam (2003) 37 [trans: Thi Mai Nga
Nguyen and Quoc Huynh Pham, Basic Issues on Supervision of Investigations and Trials for Drug-
Related Crimes (2003)]
and Hung Vuong Vu, 'Luc Luong Canh Sat voi Cong Tac Phong, Chong Ma
Tuy o Viet Nam' (Paper presented at the Hoi Thao ve Phong Chong Ma Tuy cua Vietnam va Phap,
Hanoi, Vietnam, 1998) 46 [trans: Hung Vuong Vu, 'Police Force in the Combat against Narcotic
Substances in Vietnam' (Paper presented at the Conference on Narcotics Prevention and Suppression

between Vietnam and France, Hanoi, Vietnam, June 1998)].
7
See Van Du Nguyen, 'Mot So Van De ve Phong Chong Ma Tuy trong Vung Thuoc Nhiem Vu cua
Bo Doi Bien Phong' (Paper presented at the Hoi Thao ve Phong Chong Ma Tuy giua Viet Nam va
Phap, Hanoi, Vietnam, June 1998) 37 [trans: Van Du Nguyen, 'Some Issues on the Prevention and
Suppression of Narcotics in Areas Supervised by Border Guards' (Paper presented at the Conference
on Narcotics Prevention and Suppression between Vietnam and France, Hanoi, Vietnam, June 1998)].
8
International Narcotics Control Board, Report of the International Narcotics Control Board for 1998
(1999) [para 315] < at 18
August 2005.
9
See Richard Clutterbuck, Drugs, Crime and Corruption (1995) 86, Mandy Bentham, The Politics of
Drug Control (1998) 40 and United Nations Office on Drugs and Crimes Vietnam, Vietnam: Country
Profile, 2003 (2003) United Nations Office on Drugs and Crime [9]
< at 18 December 2004.
10
See, eg, United Nations Offices on Drugs and Crime Vietnam, above n 9, 24; United States
Department of Justice, Drug Intelligence Brief - the Drug Situation in Vietnam, November 2001
United States Department of Justice < at 13
November 2004 and Hoang Tran, 'Bo Doi Bien Phong Ngan Chan "Dong Chay" Ma Tuy qua Bien

3

drugs are also brought to Vietnam overland through different points along its weakly
controlled borders with China and Cambodia
11
and can be further shipped to
America, Australia and other European countries.
12

Drug trafficking has significantly
increased in Vietnam since it applied an ‘Open Door’ policy, with a greater
international and regional economic integration.
13

The growing availability of drugs smuggled from its neighbours has brought about
an alarming increase in drug abuse in the whole country, and especially among its
youth. Drug abusers under thirty make up 70% of the total, and in some cases drug
abusers are even below the age of ten.
14
According to the 2006 statistics, Vietnam
has 160,226 registered drug addicts.
15
The proportion of young people using drugs in

Gioi' (2004) 12 Ban Tin Phong Chong Ma Tuy 19, 19 [trans: Hoang Tran, 'Border Guards in the
Combat against "Drug Flows" across National Borders' (2004) 12 Bulletin on Narcotics Prevention
and Suppression 19].
11
Quang Vinh Vu, 'Tinh Hinh Chung ve Cong Tac Kiem Soat Ma Tuy va Van De Phong Chong Ma
Tuy o Viet Nam' (Paper presented at the Hoi Thao ve Phong Chong Ma Tuy cua Viet Nam va Phap,
Hanoi, Vietnam, 1998) 3 [trans: Quang Vinh Vu, 'General Situation on Narcotics Control and the
Issue of Narcotics Prevention and Suppression in Vietnam' (Paper presented at the Conference on
Narcotics Prevention and Suppression between Vietnam and France, Hanoi, Vietnam, June 1998)];

Xuan Yem Nguyen, Luat Phong Chong Ma Tuy va Phong Chong Ma Tuy trong Nha Truong (2004)
781 [trans: Xuan Yem Nguyen, Law on Narcotics Prevention and Suppression and Narcotics
Prevention in Education Institutions (2004)];
Van Luyen Tran, 'Dac Tinh Hinh Su cua Cac Toi Tang
Tru, Van Chuyen, Mua Ban Trai Phep cac Chat Ma Tuy' (1998) 9 Toa An Nhan Dan 5, 8 [trans: Van

Luyen Tran, 'Criminal Characteristics of the Offense of Illegal Stockpiling, Transporting and Trading
of Narcotic Substances' (1998) 9 People's Court 5]
and United Nations Offices on Drugs and Crime
Vietnam, above n 9, 24-5.
12
See, e.g., International Narcotics Control Board, Report of the International Narcotics Control
Board for 2005 (2006) [para 473] < at
20 March 2006 and International Narcotics Control Board, Report of the International Narcotics
Control Board for 2001 (2002) [para 391] < at 18
August 2005.
13
The more detailed picture is provided in Section 3.1.3 of Chapter 3. See also Thi Mai Nga Nguyen
and Quoc Huynh Pham, above n 6, 38 and Cong Son Nguyen, 'Tinh Hinh va Ket Qua Cong Tac
Phong Chong Ma Tuy 6 Thang Dau Nam 2006 va Mot So Nhiem Vu Trong Tam trong Thoi Gian Toi'
(2006) 8 Ban Tin Phong Chong Ma Tuy 2, 5-6 [trans: Cong Son Nguyen, 'The Situation and Results of
the Work on Drug Prevention and Suppression in the First Six Months of 2006 and Main Tasks in the
Coming Year' (2006) 8 Bulletin on Narcotics Prevention and Suppression 2].
14
See Huu Lam Nguyen, 'Tinh Trang Nghien Ma Tuy va cac Bien Phap Cai Nghien Ma Tuy o Viet
Nam' (Paper presented at the Hoi Thao ve Phong Chong Ma Tuy cua Viet Nam va Phap, Hanoi,
Vietnam, 1998) 98 [trans: Huu Lam Nguyen, 'The Situation of Drug Abuse and Measures for Drug
Abuse Treatment in Vietnam' (Paper presented at the Conference on Narcotics Prevention and
Suppression between Vietnam and France, Hanoi, Vietnam, June 1998)].
15
Co Quan Thuong Truc Phong Chong Ma Tuy Cua Uy Ban Quoc Gia Phong Chong AIDS, Phong
Chong Ma Tuy va Mai Dam, 'Bao Cao Tinh Hinh va Ket Qua 5 Nam Thi Hanh Luat Phong, Chong
Ma Tuy' (304/2006/BCA(VPU), 2006) 3 [trans: Standing Office for Drug Control of the National
Committee for Prevention and Suppression of AIDS, Drugs and Prostitution, 'Report on the Five-Year
Implementation of the Law on Narcotics Prevention and Suppression' (35/2006/BCA(VPU), 2006)].

4

urban areas has increased significantly.
16
Thus, drug abuse that was mainly a rural
phenomenon relating to opium smoking habits has now spread to urban areas and
poses serious risks to Vietnam’s younger generation.
Drug cultivation, trafficking and abuse have adverse affects on the country. These
include corruption, damage to social values, threats to the happiness of families and
youth degeneracy.
17
The Government of Vietnam is deeply aware of these impacts
and of the need for international cooperative action to combat illicit drugs.
18
In 1997,
it ratified and became a Party to the three United Nations Drug Control Conventions
(DCCs) that are currently in force, namely the namely the Single Convention on
Narcotic Drugs (amended by the 1972 Protocol), opened for signature 30 March
1961, entered into force 13 December 1964 (hereinafter cited as ‘1961 Convention’);
Convention on Psychotropic Substances, opened for signature 21 February 1971,
entered into force 16 August 1976 (hereinafter cited as ‘1971 Convention’), and
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,
opened for signature 20 December 1988, entered into force 11 November 1990
(hereinafter cited as ‘1988 Convention’). Stepping into the international frontline
against illicit drugs, Vietnam has benefited from various types of support, such as
training, technical assistance and other law enforcement cooperation. However, on
becoming a Party to the Conventions, it also undertook numerous international
obligations.
The 1981 and 1982 DCC Working Groups reported that developing countries are
sometimes unable to meet their treaty obligations because they have insufficient

16
United Nations Offices on Drugs and Crime Vietnam, above n 9, 28.
17
See the preamble of the Nghi quyet 06/CP ve tang cuong chi dao cong tac phong, chong va kiem
soat ma tuy 1993 (Chinh Phu) [trans: Directive 06/BCT-TW on Enhancing Directions on Drug
Prevention and Suppression 1996 (Political Bureau, Communist Party)]
and Xuan Yem Nguyen and
Quang Vinh Vu, Nhung Van De Co Ban ve Cong Tac Phong Chong Ma Tuy (2002) 22 and 26-7
[trans: Xuan Yem Nguyen and Quang Vinh Vu, Basic Issues on the Prevention of Drug-Related
Crimes (2002)].
18
In the year 1999, the Prime Minister Phan Van Khai elevated counter-narcotics to Vietnam’s second
highest domestic priority, after poverty reduction. See Minh Huong Le, 'Ket Qua Thuc Hien Chuong
Trinh Hanh Dong Phong Chong Ma Tuy Giai Doan 1998 - 2000 va Phuong Huong Trien Khai
Chuong Trinh Hanh Dong Phong Chong Ma Tuy Giai Doan 2001 - 2005' (2001) 4 Ban Tin Phong
Chong Ma Tuy 6, 6 [trans: Minh Huong Le, 'Results of the Action Plans on Narcotics Prevention and
Suppression in the Three-Year Period from 1998 to 2000, and Orientation on the Deployment of the
Action Plan in the Next Five-Year Period from 2001 to 2005' (2001) 4 Bulletin on Narcotics
Prevention and Suppression 6].

5

financial resources and few trained personnel.
19
The international drug control
system is apparently predicated on State cooperation and its effectiveness depends
greatly upon the enactment and enforcement of corresponding national legislation.
Thus, the International Narcotic Control Board stated in its report:
It is particularly important for national drug control legislation to be

continuously reviewed and evaluated in a systematic manner in order to
determine whether the provisions of the international drug control treaties are
being implemented by Government.
20

After suffering a long war and since gaining reunification in 1975, Vietnam has in
recent decades rebuilt its legal system. Like other developing countries, it continues
to confront shortages in financial and human resources in implementing its national
drug control regime.
21
In addition, being a new-comer to the DCCs, it lacks
experience with DCC provisions. Against such circumstances, an investigation of
how well Vietnamese legislation complies with DCC provisions and how Vietnam
can improve its compliance is important. These questions, however, have not been
previously addressed. There exists a gap in domestic literature studying national drug
control legislation, as none of the Vietnamese literature in this field has explored the
compliance of national legislation with the DCC standards, and a gap exits also in the
international literature.
Existing Literature on Vietnamese Drug Control Regime
Many Vietnamese scholars have made efforts to study different issues of national
drug control. For example, Professor Xuan Yem Nguyen, a leading researcher in this
field, has examined the trends in drug trafficking and abuse in the country over
recent times and has analyzed successes as well as shortcomings in the operation of
different law enforcement authorities involved in combating illicit drugs. He has also

19
See International Working Group on the Single Convention on Narcotic Drugs, Report of the
International Working Group on the Single Convention on Narcotic Drugs, 1961 - September 20 - 24,
1982 (1983), 10 and International Working Group on the Convention on Psychotropic Substances,
Report of the "International Working Group on the Convention on Psychotropic Substances, 1971" -

September 8 -12, 1980 (1981), 16.
20
International Narcotics Control Board, Effectiveness of the International Drug Control Treaties:
Supplement to the Report of the International Narcotics Control Board for 1994 (1995), 21.
21
See, eg, National Committee, above n 15, 13 and Standing Office for Drug Control, above n 15, 3.

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analyzed certain gaps in national drug control in terms of legislative and law
enforcement actions. His related publications include ‘Organized Crimes, the Mafia
and Globalization of Crimes’ (2003), ‘Prostitution, Narcotics and Gambling: Crimes
at the Present Time’ (2003), ‘Basic Issues on the Prevention of Drug-Related
Crimes’ (2002),
22
and ‘Narcotics in Vietnam at the Present Time: The Current State,
Reasons and Solutions’ (2002). As a criminologist, in the books entitled ‘Modern
Criminology and Crime Prevention’ (2001) and ‘Law on Narcotics Prevention and
Suppression and Narcotics Prevention in Education Institutions’ (2004), he has
focused on the characteristics of organized drug-related crimes, and on drug
prevention in general and, especially, in public education units.
Many other scholars, for instance Minh Duc Nguyen, Van Luyen Tran, Van Hien
Nguyen, Minh Tuyen Pham and Phong Hoa Nguyen, have studied in depth the
physical elements (actus reus) and mental elements (mens rea) of drug-related
offenses under Vietnamese criminal law. They have pointed out the existing
shortcomings in the law and provided several solutions. Publications of Minh Duc
Nguyen in this field are ‘Differentiating between Administrative Violations and
Drug-Related Crimes’ (2003), ‘Some Recommendations for Guiding the Application
of the Provisions of Several Articles on Drug-Related Crimes under the Criminal
Code 1999’ (2000) and ‘The Need for a New Joint Circular on the Application of

Several Articles in Chapter “Drug-Related Crimes”’ (2000). Particularly, in his PhD
research on ‘Improving Criminal Legal Framework Dealing with Drug-Related
Crimes’ (2003), Minh Duc Nguyen has analyzed national legislation in relation to
drug-related crimes both before and after Vietnam gained its reunification.
Van Luyen Tran has also specialized in drug-related crimes in the book entitled
‘Criminal Liability for Drug-Related Crimes’ (1998) and a paper on ‘Criminal
Characteristics of the Offense of Illegal Stockpiling, Transporting and Trading of
Narcotic Substances’ (1998). Hispaper entitled ‘The Issue of Specifying the Quantity
of Narcotic Substances Involved in Drug-Related Crimes under the Law Amending
Some Articles of the Criminal Code 1985’ (1998) analyzed shortcomings of the
Criminal Code of Vietnam 1985 in defining the quantities of narcotics proportional to

22
Quang Vinh Vu is a co-author of this paper.

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sentencing thresholds. Also studying the proportional relationship between the
quantity of narcotics involved and punishment, Minh Tuyen Pham has produced two
papers, namely ‘The Issue of Specifying the Quantity of Narcotic Substances
Involved in Drug-Related Crimes under the Criminal Code 1999’ (2003) and
‘Criminal Liability for Drug-Related Crimes under the Criminal Code 1999’ (2003).
Relevant publications of Van Hien Nguyen in this field include papers on ‘Some
Issues on Criminal Liability for Drug-Related Crimes under Vietnamese Law and
Regulations since 1945 to the Present’ (1998) and ‘The Practical Application and the
Need for Amendment of Articles 96a and 203 of the Criminal Code 1985’ (1995).
In the area of criminal procedure, Phong Hoa Nguyen is known for a book on ‘Drug-
Related Crimes: Criminal Characteristics, Legal Constituents, Measures to Discover
and to Investigate’ (1998). Focusing on investigations and prosecutions of drug-
related crimes, Thi Nga Mai Nguyen and Quoc Huynh Pham, in their book ‘Basic

Issues on Supervision over Investigations and Trials for Drug-Related Crimes’
(2003), have examined general features of drug-related crimes in the country and
have analyzed particular features relating to investigations and prosecutions of drug-
related crimes. Another author, Quang Vinh Vu, has also focused on law
enforcement against drug-related offenses. His PhD research, which is entitled
‘People's Police and Drug-Related Crime Prevention’ (2003), analyzes duties of
Anti-Narcotics Police in the suppression of drug-related crimes and their
contributions to this fight. He has pointed out certain shortcomings in national drug
control legislation and weaknesses in the organization of Anti-Narcotics Police and,
then, made a number of recommendations for enhancements. Ngoc Hung Dang, in
his book on ‘Matters Concerning Precursor Control’ (2002) and a paper on
‘Precursors and Precursor Control in Vietnam’ (2004), has studied specific issues
relating to national control of precursors.
The papers and publications mentioned, however, focus principally on national drug
control from a domestic perspective. Innovations in the national legislation are
evident in the attempts of Vietnam to comply with the DCC provisions. However,
there is not yet a comprehensive study of Vietnam’s compliance of with its
convention obligations. No papers or publications undertake a comparative study of

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Vietnamese legislation in relation to its DCC obligations. Attempting to cover that
gap and aiming to help to bring national drug control legislation in line with
international standards, this Thesis makes an original contribution to the literature in
this field with an assessment of the ‘Legislative Implementation by Vietnam of its
Obligations under the United Nations Drug Control Conventions’.
1. 3 Research Questions
The following question is central to this research project:
How does Vietnamese legislation comply with the DCC provisions and how
can Vietnam improve its compliance in particular and its domestic legal

framework for drug control in general?
Under the DCCs, Parties are required to take appropriate measures to control both
licit and illicit drug activities in their countries for the ultimate purpose of limiting
the availability of drugs of abuse to medical and scientific needs. With respect to licit
drug activities, Parties are obliged first to specify substances to be controlled and,
second, to impose various measures upon licit activities relating to them. With
respect to illicit drug activities, the DCCs oblige Parties to establish unlawful drug-
related conduct as criminal offenses, to enforce their criminal law and to cooperate
with others in law enforcement. Additionally, for the purpose of effective
coordination of national drug control work as well as international cooperation,
Parties are required to establish and to maintain a special administration for drug
control and to furnish drug control information and reports to the international drug
control bodies, i.e. the Commission on Narcotic Drugs and International Narcotics
Control Board.
The DCC obligations can be grouped into seven areas: (1) specifying controlled
substances, (2) controlling licit drug activities, (3) criminalizing drug-related
offenses, (4) establishing jurisdiction over drug-related offenses and cooperating in
extradition, (5) law enforcement cooperation, (6) maintaining special administration
for drug control, and (7) furnishing information and reports to international drug
control bodies.

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With respect to each of the seven drug control areas of DCC obligations, this Thesis
addresses a number of sub-questions. They are:
1. Specifying Controlled Substances:
How does Vietnamese legislation specify substances prescribed by the DCCs
as under control? Does Vietnam make any reservation or exemption
concerning the whole territory or in one of its regions? Does Vietnam extend
its national control to other substances that are not enumerated under the

DCCs? Is any further enhancement to the domestic law of Vietnam in this
field needed?
2. Controls on Licit Drug Activities:
Does Vietnam apply the DCC-required controls over the cultivation of
narcotics plants in its territory? How does Vietnam regulate the operation of
its licit drug economy, including drug manufacture and trade, including
import and export, distribution and possession? Does it apply control
measures specified under the DCCs? Are there any shortcomings in domestic
drug control laws and regulations in this area?
3. Criminalization of Drug-Related Offenses:
Does Vietnamese law establish unlawful drug-related conduct as criminal
offenses? Is the existing national criminalization in line with the convention
standards? What types and scales of penalties are applicable to drug-related
conduct if they are treated as criminal offenses? Has the domestic law of
Vietnam adequately transformed the DCC provisions on offenses, penalties
and aggravating factors? Could it be enhanced?
4. Establishment of Jurisdiction over Drug-Related Offenses and Extradition of
Drug-Related Offenders:
Does the domestic law of Vietnam provide the necessary legal basis for its
local authorities to assume jurisdiction over drug-related offenses? Which
grounds are invoked for the establishment of its criminal jurisdiction over
those offenses? Is Vietnamese criminal law in this field in line with the
convention standards? Does Vietnam cooperate in the extradition of drug-

10

related offenders as required by the DCCs? Which grounds, conditions and
processes are applied for granting or refusing extradition? Should any
revision of the national legislation be made to implement the DCC
provisions?

5. Law Enforcement Cooperation:
Does the domestic law of Vietnam provide for the required cooperation with
other countries and international organisations in drug control law
enforcement? Is there any specific legislation to implement the convention
requirements for law enforcement cooperation? What are the strengths and
weakness of the domestic law in this field?
6. Special Drug Control Administration:
How does Vietnamese legislation regulate the national administrative
arrangements for drug control? Which national authorities are charged with
drug control functions? Is the present legal framework adequate in respect of
special administration for drug control as required by the DCCs? Should any
amendments be introduced?
7. Furnishing Information and Reports to the International Drug Control Bodies:
Has the national drug control law of Vietnam regulated the gathering of drug
control statistics to enable it to perform its DCC obligations to furnish
prescribed information? How can the challenges of furnishing information be
solved from the point of legislative actions?
The answers to these sub-questions will, cumulatively, provide an answer to the
central research question of the Thesis, i.e. ‘How does Vietnamese legislation
comply with the DCC provisions and how can Vietnam improve its compliance in
particular and its domestic legal framework for drug control in general?’.
1. 4 Scope and Methodology
Drug control is multifaceted. Social, political, financial measures and drug abuse
treatment are important aspects of the capacity to implement effectively international
drug control standards. For example, the DCCs set out certain requirements

11

concerning medical treatment for drug abusers. This Thesis, however, explores only
the legislative implementation by Vietnam of its DCC obligations to establish and

maintain a national mechanism for control of licit and illicit drug activities, i.e. it
examines Vietnamese drug control legislation to implement the DCC obligations,
aiming to limit the availability of drugs of abuse exclusively to medical and scientific
purposes. Some of those obligations entail explicit requirements for national
legislative measures, such as the obligation to criminalize drug-related offenses or to
establish jurisdiction over them. Others, in contrast, do not explicitly require
legislative measures and, therefore, Parties may, at their option, undertake legislative
action. The transformation of the international obligations into legislative provisions
in those cases varies with each different domestic legal culture. Vietnam, with a
culture in which legislative instruments are widely used and have a detailed
hierarchy, has taken numerous legislative actions to perform its DCC obligations.
Therefore, in examining Vietnamese legislative implementation of the DCCs, this
Thesis addresses also those DCC provisions that do not explicitly require legislative
measures but for which Vietnam has created a domestic legal framework. For
example, the DCCs require Parties each to establish a special administration for drug
control. In response, many Vietnamese legal instruments specify the drug control
duties of national authorities and, particularly, of authorities responsible for
coordination duties. Another example is that, in response to the DCC requirement for
Parties to furnish certain information on national drug control, a number of
Vietnamese legal documents regulate the issue of drug statistics. This research
includes the analysis of those national regulations.
Further, while comparing Vietnamese laws with the DCC provisions, this Thesis not
only focuses on national compliance with the international standards but, where
relevant, also points out and analyzes domestic provisions that go beyond the DCC
requirements.
In addition, the DCCs, like a number of other international agreements, contain
certain ‘soft law rules’, which aim at encouraging the contracting Parties to take into
account the possibility of implementation. For instance, the 1988 Convention
encourages its Parties to control under licence licit activities relating to precursors