81

b-Consumers of toxic and sleeping drugs under any forms contrary to the medical therapeutic method will be subject to three months to three years of imprisonment and must pay a fine from VN$ 1,000 to VN$ 50,000.

Article 6: As for substances which help create illusion in List A including LSC, Mescaline, Psiloycybine, DMT, STT or DOM, and substances of the same distilla. tion and category, punitive measures will be limited labor penalty for those who hoard, transport, produce, distill, export, import, concede and use these substances not for medical purpose, or in accordance with the regulations-in-force on nar- cotics. The violators, if belonging to an organization, will be sentenced to hard labor for life.

Consumers of these toxic substances under any forms not for therapeutic pur- pose as acknowledged in physicians prescriptions will be sentenced to one year to five years of imprisonment and fined VN$ 5,000 to VN$ 100,000.

Article 7: Physicians, pharmacists, dentists, veterinarians who intentionally provide means for violators prescribed in Articles 3, 4 and 5 cause a and Article 6 of this Decree-Law will be subject to the same penalty given to the offenders.

Any misuses in the issuance of prescription authorizing the use and distribu- tion of toxic, narcotic and dangerous substances contrary to the regulations in force will be also subject to punitive measures stipulated in Article 5 clause b of this Decree-Law.

In addition to the penalties, the Court may order the closure of the related con- sultation office or pharmacy for a period from six months to two years. Besides the Health Minister will ask the Physicians' Union Council, the Pharmacists' Union or the Dentists' Union to adopt disciplinary measures against the offenders.

In case of repetition of the offense, besides the penalties said above, the Court may order the definite closure of the medical consultation office or pharmacy.

Chapter II

De-intoxication

Article 8.-De-intoxication is enforced in separate agencies to be set up by an Order of the Prime Minister or in national hospitals and private consultation office legally recognized in accordance with the demands.

Subject to compulsory treatment at the above-mentioned agencies are addicts of toxic, narcotic and dangerous substances said in this Decree-Law, who are either arrested or voluntarily report for the treatment.

Those who try to escape from the hospitals will be sentenced to imprisonment terms from three months to three years and fined from VN$1,000 to VN$50,000.

Chapter III

General provisions

Article 9.-In parallel with the penalties said in the foregoing Articles, the Court will order the seizure of:

-Narcotics, marijuana, toxic and dangerous substances along with transporta- tion means and materials used to conceal the offense.

-Substances used for the distillation and materials used for the cultivation, distillation or the containers of the seized substances.

-Necessary materials and equipments for the use of narcotics, toxic and dangerous substances under all forms.

Article 10.-The offenders will not be entitled to suspended execution of sen- tence given to cases of offenses envisaged in this Decree-Law.

However, over 55-year-old or sick opium smokers may be entitled to suspended execution of sentence in accordance with the laws in force.

Article 11.-The Prime Minister will fix by an order the detailed application of this Decree-Law whenever necessary.

The Prime Minister may change, by virtue of a Decree signed upon the pro- posal of the Health Minister, the narcotics toxic and dangerous substances men- tioned in Articles 3, 5 and 6 as well as in the A. B. C lists supplemented to this Decree-Law.

Share This Page