How is a singer who illegally uses drugs handled?

Recently, Ho Chi Minh City Police have initiated a case and prosecuted 71 defendants, including a singer who illegally used drugs. The question is, how will the illegal use of drugs be handled?

Lawyer Nguyen Van Hau - Member of the Standing Committee, Head of the Media Agency of the Vietnam Bar Federation - said that according to the provisions of Article 256a of the 2015 Penal Code (amended and supplemented in 2017, 2025) on the crime of Illegal use of narcotics, drug users may be sentenced to imprisonment from 2 years to 3 years if they use drugs while undergoing detoxification or treatment with replacement drugs; are undergoing post-detoxification management or within 2 years from the date of expiration of post-detoxification management but are still undergoing management of illegal drug users. In case of recidivism, they may be sentenced to imprisonment from 3 years to 5 years.

If arrested while holding drugs on the person, in the house or in a means of use (not for the purpose of buying, selling, transporting), the sentence depends on the type of drug and the amount of possession. Accordingly, the offender may be sentenced to imprisonment from 3 years to 5 years if possessing Methamphetamine (ice), MDMA (ecstasy)... with a weight from 0.1 grams to less than 05 grams and may be up to 20 years in prison or life imprisonment if possessing a weight of Methamphetamine, MDMA... from 100 grams or more.

According to lawyer Hau, practice shows that many artists often commit the crime of organizing the illegal use of narcotics as stipulated in Article 255 of the Penal Code, when inciting colleagues, managers and others to use them together. This offender may be sentenced to imprisonment from 3 years to 7 years, if organizing the use for 2 or more people or committing the crime 2 or more times, they will be sentenced to imprisonment from 7 years to 15 years. Especially if causing death or serious injury, the highest penalty that can be imposed is life imprisonment.

According to lawyer Hau, if the investigating agency determines that the act of using drugs does not constitute a crime, then the user will be handled according to the Law on Drug Prevention and Control 2021 and the Law on Handling of Administrative Violations.

Still according to lawyer Hau, aggravating circumstances in criminal handling are stipulated in Article 52 of the Penal Code. Accordingly, in the above case, the Court is only allowed to apply aggravating circumstances if there are sufficient grounds for organized criminal acts such as planned drug use, assignment between the singer and manager or friends, other related people, or in cases where the investigating agency proves that the singer has committed the crime many times.

Although singers and celebrities are not aggravating circumstances in terms of law, but because celebrities have a great influence on young people, their deviant behavior and crimes can lead to distortions in the lifestyle of a part of the community, causing bad consequences for the social environment. Therefore, the criminal acts of artists will be further considered in terms of nature and level of danger to society higher than normal people when the Trial Panel decides on the penalty according to the principles stipulated in Article 50 of the Penal Code," lawyer Hau said.

See the original here