Abstract

The introduction of Article 256a into the 2015 Penal Code through Law No. 86/2025/QH15 marks a shift from decriminalization to the selective recriminalization of unlawful drug use in Vietnam. Using legal analysis, synthesis, comparative legal research, and documentary review, this article clarifies the criminal policy basis of this legislative change from the perspective of the ultima ratio principle. It also evaluates the provisions of Article 256a and identifies key difficulties in their implementation. Based on the findings, the article proposes recommendations to improve the legal framework, application guidelines, and implementation mechanisms, thereby enhancing the consistency, feasibility, and effectiveness of Vietnam’s criminal policy on unlawful drug use.

Keywords: Article 256a, unlawful drug use, Penal Code, criminal policy, recriminalization, drug prevention and control.