Collection of judgments on the crime of Organizing illegal emigration in Vietnam

Hello, Lawnet would like to answer as follows:

1. What are penalties for the crime of organizing illegal emigration in Vietnam?

Pursuant to Article 349 of the Criminal Code 2015, stipulating regulations on levels of penalties for organizing and brokering illegal emigration:

Frame 1: Any person who organizes or brokers the illegal emigration of another person, except for the case in Article 120 of the Criminal Code 2015, shall face a penalty of 01 - 05 years' imprisonment.

Frame 2: This offence committed in any of the following circumstances carries a penalty of 5–10 years' imprisonment:

- The offender abuses his/her position or power to commit the offence;

- The offence has been committed more than once;

- The offence involves 05 - 10 people;

- The offence is committed in a professional manner;

- The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

- Dangerous recidivism.

Frame 3: This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

- The offence involves ≥ 11 people;

- The illegal profit earned is ≥ VND 500,000,000;

- The offence results in the death of a person.

The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

2. Collection of judgments on the crime of organizing illegal emigration in Vietnam

Judgment on the crime of organizing illegal emigration No. 566/2023/HS-PT

- Appellate level: Court of Appeals

- Trial court: Ho Chi Minh City High People's Court

- Quoted content: Nguyen Thi Kim H (M) hired individuals including Pham Tan L1, Le Thi Bach V, and Mai Thi Ngoc P1 to receive and count USD provided by T9. After that, Nguyen Hoang U, Vo Van T2, Nguyen Huu P2, Nguyen Van M1, Tran Van H3, and Nguyen Van L, along with several others, transported USD from Vietnam to Cambodia and received gold from Cambodia to transport back to Vietnam and deliver to gold shops in City C in exchange for payment. Based on the aforementioned actions, the court of first instance declared the defendant Nguyen Thi Kim H (M) guilty of the crime of "organizing illegal emigration" as stipulated under Clause 1 and Clause 4 of Article 349 of the Criminal Code 2015 (Defendant H appealed, claiming innocence). In the appellate trial, the trial council decided not to accept defendant H's appeal.

Judgment on the crime of organizing illegal emigration No. 16/2023/HS-ST

- Trial level: first instance

- Trial court: Ha Giang Provincial People's Court

Quoted content: On July 4, 2022, the Immigration Management Department of the Ha Giang Provincial Police received 15 Vietnamese citizens who were returned by China. These citizens had illegally migrated to China for employment. They were returned through the international border gate T in V district, Ha Giang province. During the process of working and taking statements, the citizens Hau Mi P and Hau Mi P1 admitted that Hau Mi C had taken them to China for illegal employment in February 2022.

When recognizing signs of the crime of "Organizing illegal emigration", the Immigration Management Department of the Ha Giang Provincial Police transferred the case file to the investigating agency of the Ha Giang Provincial Police for investigation within their jurisdiction. Based on the collected evidence, the investigating agency of the Ha Giang Provincial Police initiated legal proceedings against Hau Mi C for the crime of "organizing illegal emigration" as stipulated in Clause 2 of Article 349 of the Criminal Code 2015.

Judgment on the crime of organizing illegal emigration No. 63/2022/HS-ST

- Trial level: First instance

- Trial court: Thai Binh Provincial People's Court

- Quoted content: In July 2020, the defendant, Nguyen Duc A, under the guidance of a Vietnamese national with the Zalo username NGO, organized others to illegally cross national borders. These people were arrested and tried by the People's Court of Malipo County, Yunnan Province of the People's Republic of China, for the crimes of "organizing others to illegally cross borders" and "illegally crossing borders.". 

+ Nguyen Duc A was sentenced to 4 years in prison and fined 5,000 RMB for the crime of organizing others to illegally cross borders.

+ The remaining 16 individuals: Do Van Qu, Dang Thi Th, Tran Thi B, Nguyen Van K, Nguyen Thi T, Tran Thi H, Le Duc Qu1, Ho Van B1, Cao Thi Th1, Nguyen Van Th2, Le Thi Bich Th3, Tran Thi C, Nguyen Thi Nh, Nguyen Thi O, Le Thi Qu, and Hoang Thi Th2 - each sentenced to 11 months in prison and fined 1,000 RMB for the crime of illegally crossing borders.

In addition to the 17 individuals mentioned above, the investigating agency also identified three additional individuals who were not arrested but were organized by Ph to flee abroad on July 28, 2020, including Mr. Vu Van S, Mr. Vu Hong Thai, and Mr. Nguyen Dinh L.

The Thai Binh Provincial People's Procuracy has indicted Ha Van Ph for the crime of "organizing illegal emigration" under point a, clause 3 of Article 349 of the Criminal Code 2015.

Judgment on the crime of organizing illegal emigration No. 26/2022/HS-ST

- Trial level: first instance

- Trial court: Ha Giang Provincial People's Court

- Quoted content: Around 8 p.m. on the same day, Hau Nhi S picked up 17 people in the pine hill area of the L village, and informed L. Then, S led these people to walk along a trail down to the banks of the Q River to deliver them to the designated location for L. On the way, one person, Nguyen Thi Nhu Q, slipped and sprained her ankle, so S left her behind and promised to pick her up later. Around 9 p.m., Vu Mi L walked from his home to the agreed location to receive the people from S. Around 11 p.m., L saw a flashlight under the Nho Q riverbank. L suspected that it was the police or border guards on patrol, so he called S to inform him. L and S agreed to hide the people and wait until the next day to continue taking them to China. After that, S took the 16 people to hide in a grassy area on the mountainside and informed L. Then, S went to his rice field to rest (about 2 km away from the group of people), while L returned home. On August 4, 2021, at 8:00 a.m., the working group of the Security Investigation Department and the Foreign Security Department of the D district police, in coordination with the M district police, discovered S and found the 17 people who had fled to China. Hau Nhi S and the 17 citizens were ordered to come to the People's Committee of L commune, M district, for further investigation.

Best regards!

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