Are people who broker illegal exit from Vietnam subject to 15 years of imprisonment according to the law in Vietnam?

1. Are people who broker illegal exit from Vietnam subject to 15 years of imprisonment according to the law in Vietnam?

According to the provisions of Article 348 Criminal Code 2015 on the crime of brokering illegal entry, exit or stay in Vietnam:

Basic penalty: Anyone who, for profit, organizes or brokers for others to illegally exit, enter, or stay in Vietnam, shall be sentenced to imprisonment from 1 year to 5 years.

Level 2: Committing the crime in one of the following cases shall be sentenced to imprisonment from 5 years to 10 years:

- Abusing position or authority;

- Committing the crime twice or more;

- Involving 5 to 10 people;

- Possessing a professional nature;

- Illegally earning from 100,000,000 VND to less than 500,000,000 VND;

- Dangerous recidivism.

Level 3: Committing the crime in one of the following cases shall be sentenced to imprisonment from 7 years to 15 years:

- Involving 11 or more people;

- Illegally earning 500,000,000 VND or more;

- Causing death.

Additional penalties: Offenders can also be fined from 10,000,000 VND to 50,000,000 VND or prohibited from holding certain positions, practicing certain professions, or performing certain jobs from 1 year to 5 years.

Thus, the crime of organizing or brokering for others to illegally exit, enter, or stay in Vietnam can be punished by imprisonment from 1 year to 15 years depending on the nature and severity of the offense. Besides, the offender can also be fined from 10 million to 50 million VND or be prohibited from holding certain positions or practicing certain professions from 1 year to 5 years.

2. What are judgments on the crime of brokering illegal exit from Vietnam?

Below are some judgments related to the crime of brokering illegal exit resolved by the courts in Vietnam:

Judgment on Crime of Organizing Illegal Exits for Others No. 89/2021/HS-PT

- Adjudicating authority: People's Court of Long An Province.

- Abstract: “Around 2:00 AM on July 23, 2020, T’s friend in Cambodia, commonly known as L (details unknown), called T to negotiate and agree to arrange transportation for 4 Vietnamese: Vo Van M, Nguyen Thi Tuyet H, Doan Xuan Y, and Phan Van N from Ho Chi Minh City and Long An Province to Cambodia for a total fee of 3,400,000 VND. After reaching an agreement with L, on July 23, 2020, T hired a vehicle to transport people from Long An Province to the border. Around 7:00 PM the same day, T contacted Nguyen Van C to transport 2 people, at a price of 500,000 VND, (T did not inform C about the illegal crossing of the 4 passengers to Cambodia). Around 7:40 PM on July 23, 2020, when T was driving Vo Van M and Nguyen Thi Tuyet H and C was driving Doan Xuan Y and Phan Van N, they were detected by Long An Province Police, who made an administrative record and transferred them to the competent authorities for resolution.”

Judgment on Crime of Organizing Illegal Exits for Others No. 25/2021/HS-ST

- Adjudicating authority: People's Court of An Phu District, An Giang Province.

- Abstract: “Around 5:18 PM on October 10, 2020, Khanh An Commune Police received a report from the public via telephone suspecting that Nguyen Van P was organizing illegal exits to Cambodia. The police checked P’s house in Hamlet A, Khanh An Commune, An Phu District and found Ho Dang T1, Nguyen Van T2, Pham Viet H, Nguyen Van P1. During the work, T1, T2, H, P1 stated that they contacted an illegal exit ring to go to Cambodia and were instructed to go to An Phu District Residential Area to be picked up by Nguyen Van P. Around 6:20 PM the same day, Nguyen Van P surrendered to Khanh An Commune Police for organizing illegal exits for T1, T2, H, P1 to Cambodia.”

Judgment on Crime of Organizing Illegal Exits for Others No. 46/2021/HS-PT

- Adjudicating authority: People's Court of Lang Son Province.

- Abstract: “Around early 2019, Nguyen Hong Q went to work in China and met a Chinese person named K. K discussed with Nguyen Hong Q about introducing people wishing to go to China illegally for K to arrange a pickup at the border, K would pay Nguyen Hong Q 100 NDT per person, and Nguyen Hong Q agreed. After the arrangement, Nguyen Hong Q posted announcements on WeChat under the account name “Bi” to recruit people to work in China. After posting, several accounts contacted Nguyen Hong Q to cross over to China, specifically: Nguyen Hong Q agreed to take Phan Thi H to China for 4000 NDT, and Nguyen Thi Thu H and Vu Thi H to China for 3,600 NDT each.”

Please Login to be able to download