In Vietnam, is it possible to trade and use cyanide without permission?

Nội dung chính

• Is it possible to trade and use cyanide without permission in Vietnam?
• What are the fines for trading and using cyanide in Vietnam?

Is it possible to trade and use cyanide without permission in Vietnam?

Pursuant to Article 311 of the Criminal Code in 2015 stipulating illegal manufacture, possession, transport, use or trading of flammable or toxic substances as follows: 

1. Any person who illegally manufactures, possesses, transports, uses or deals in flammable or toxic substances shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence results in bodily harm to 01 people who suffers from 31% - 60% WPI;

b) The offence results in bodily harm to more than one person who suffer from a total WPI of 31% - 60%.

3. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence is committed by an organized group;

b) Illegal goods are transported or traded across the border;

c) The offence involves Schedule 3 chemicals of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

d) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

dd) The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;

e) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 61% - 121%;

g) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000;

h) Dangerous recidivism.

4. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence involves Schedule 2 chemicals of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

b) The offence results in the death of 02 people;

c) The offence results in bodily harm to 02 people, each of whom suffers from 61% WPI or more;

d) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% - 200%;

dd) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

5. This offence committed in any of the following circumstances carries a penalty of 15 - 20 years' imprisonment or life imprisonment:

a) The offence involves Schedule 1 chemicals of Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;

b) The offence results in the death of ≥ 03 people;

c) The offence results in bodily harm to 03 people, each of whom suffers from 61% WPI or more;

d) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 201%;

dd) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

6. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000, put under mandatory supervision or prohibited from residence for 01 - 05 years.

As cyanide is highly toxic and just a small of it can kill a strong grown-up person. Threfore, cyanide is not allowed to be used or traded without permission. 

What are the fines for trading and using cyanide in Vietnam?

Pursuant to Article 312 of the Criminal Code in 2015 stipulating offences against regulations of law on management of flammable substances and toxic substances as follows: 

1. Any person who violates regulations of law on manufacture, provision, use, preservation, storage, transport, trading of flammable substances or toxic substances in any of the following circumstances shall face a penalty of 01 - 05 years' imprisonment:

a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 61% - 121%;

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in the death of 02 people;

b) The offence results in bodily harm to 02 people, each of whom suffers from 61% WPI or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% - 200%;

d) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence results in bodily harm to 03 people, each of whom suffers from 61% WPI or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 201%;

d) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000.

4. If this offence results in bodily harm to 01 person who suffers from 31% - 60% WPI or bodily harm to more than one person who suffer from a total WPI of 31% - 60%, the offender shall face a penalty of up to 02 year's community sentence or 03 - 24 months' imprisonment.

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Therfore, anyone using toxic substances and causing harm to other people's health shall be fined as regulations above.

Best regards!