How many years of imprisonment are imposed for trading in prohibited goods in Vietnam? What are judgments related to this offense?

1. How many years of imprisonment are imposed for trading in prohibited goods in Vietnam?

Clause 5, Article 3 of Decree 98/2020/ND-CP stipulates that "prohibited goods" include items banned from business, circulation, and use in Vietnam.

Pursuant to Article 190 of the Criminal Code 2015 (amended 2017) on the crime of producing and trading prohibited goods:

(1) Anyone who commits one of the following acts, if not under the circumstances provided for in Articles 232, 234, 244, 246, 248, 251, 253, 254, 304, 305, 306, 309, and 311 of the Criminal Code 2015 (amended 2017), shall be subject to a fine ranging from 100 million VND to 1 billion VND or imprisonment from 01 year to 05 years:

- Manufacturing or trading in plant protection drugs that are prohibited by the State from business, circulation, or use from 50 kilograms to less than 100 kilograms or from 50 liters to less than 100 liters;

- Trading smuggled cigarettes from 1,500 packs to less than 3,000 packs;

- Manufacturing or trading in explosives from 06 kilograms to less than 40 kilograms;

- Manufacturing or trading in other goods that the State prohibits from business, circulation, or use valued from 100 million VND to less than 300 million VND, or unlawfully profiting from 50 million VND to less than 200 million VND;

- Manufacturing or trading in goods not yet permitted for circulation or use in Vietnam valued from 200 million VND to less than 500 million VND, or unlawfully profiting from 100 million VND to less than 300 million VND;

- Manufacturing or trading in goods below the prescribed levels as above but has been administratively sanctioned for one of the acts prescribed in Article 190 of the Criminal Code 2015 (amended 2017) or in one of the Articles 188, 189, 191, 192, 193, 194, 195, 196, and 200 of the Criminal Code 2015 (amended 2017) or has been convicted of one of these crimes, without having the sentence expunged and still committing violations.

(2) If the crime is committed under one of the following circumstances, the offender shall be subject to a fine ranging from 1 billion VND to 3 billion VND or imprisonment from 05 years to 10 years:

- Organized;

- Abusing position and authority;

- Abusing the name of an agency or organization;

- Professional in nature;

- Plant protection drugs prohibited by the State from business, circulation, or use from 100 kilograms to less than 300 kilograms or from 100 liters to less than 300 liters;

- Smuggled cigarettes from 3,000 packs to less than 4,500 packs;

- Explosives from 40 kilograms to less than 120 kilograms;

- Other goods prohibited by the State from business, circulation, or use valued from 3 million VND to less than 500 million VND, or unlawfully profiting from 200 million VND to less than 500 million VND;

- Goods not yet permitted for circulation or use in Vietnam valued from 500 million VND to less than 1 billion VND, or unlawfully profiting from 300 million VND to less than 700 million VND;

- Cross-border trading, except for smuggled cigarette goods;

- Dangerous recidivism.

(3) For crimes committed under one of the following circumstances, the offender shall be subject to imprisonment from 08 years to 15 years:

- Plant protection drugs prohibited by the State from business, circulation, or use from 300 kilograms or more or 300 liters or more;

- Smuggled cigarettes from 4,500 packs or more;

- Explosives from 120 kilograms or more;

- Other goods prohibited by the State from business, circulation, or use valued from 500 million VND or more, or unlawfully profiting from 500 million VND or more;

- Goods not yet permitted for circulation or use in Vietnam valued from 1,000,000,000 VND or more, or unlawfully profiting from 700 million VND or more.

(4) Offenders can also be subject to an additional fine ranging from 20 million VND to 100 million VND, banned from holding certain positions, banned from practicing a certain profession, or doing certain jobs from 01 year to 05 years.

(5) If a commercial legal entity commits the crime, it shall be punished as follows:

- For crimes under the circumstances specified in section (1), be fined from 1 billion VND to 3 billion VND;

- For crimes under one of the circumstances specified in section (2), be fined from 3 billion VND to 6 billion VND;

- For crimes under the circumstances specified in section (3), be fined from 6 billion VND to 9 billion VND or have its operations temporarily suspended from 06 months to 03 years;

- For crimes under the circumstances specified in Article 79 of the Criminal Code 2015, the operations can be permanently suspended;

- A commercial legal entity can also be fined from 50 million VND to 200 million VND, banned from conducting certain businesses, banned from operating in certain fields, or banned from raising capital from 01 year to 03 years.

2. What are judgments related to the crime of trading in prohibited goods in Vietnam?

Below are some judgments related to the crime of trading prohibited goods:

| No. | Judgment Name | Date Issued | Court of Trial || --- | --- | --- | --- || 1 | Judgment 16/2024/HS-ST on the crime of trading prohibited goods | February 5, 2024 | People's Court of district-level town Trang Bang, Tay Ninh Province || 2 | Judgment 26/2024/HS-ST on the crime of trading prohibited goods | February 2, 2024 | People's Court of district V, Dong Nai Province || 3 | Judgment 25/2024/HS-ST on the crime of trading prohibited goods | February 2, 2024 | People's Court of district T, Dong Nai Province || 4 | Judgment 22/2024/HS-ST on the crime of trading prohibited goods | February 2, 2024 | People's Court of Quy Nhon City, Binh Dinh Province || 5 | Judgment 09/2024/HS-ST on the crime of trading prohibited goods | February 1, 2024 | People's Court of Binh Giang District, Hai Duong Province || 6 | Judgment 08/2024/HS-ST on the crime of trading prohibited goods | March 28, 2024 | People's Court of district V, Province A || 7 | Judgment 03/2024/HS-ST on the crime of trading prohibited goods | March 21, 2024 | People's Court of district-level town Kien Tuong, Long An Province || 8 | Judgment 04/2021/HS-ST on the crime of trading prohibited goods | March 20, 2024 | People's Court of district Q, Ha Giang Province || 9 | Judgment 20/2024/HS-ST on the crime of trading prohibited goods | March 18, 2024 | People's Court of Huong Son District, Ha Tinh Province || 10 | Judgment 53/2024/HS-ST on the crime of trading prohibited goods | March 7, 2024 | People's Court of district T, Dong Nai Province || 11 | Judgment 08/2024/HS-ST on the crime of trading prohibited goods | February 29, 2024 | People's Court of district-level town T, Province N || 12 | Judgment 19/2024/HS-ST on the crime of trading prohibited goods | February 6, 2024 | People's Court of Binh Giang District, Hai Duong Province || 13 | Judgment 10/2024/HS-ST on the crime of trading prohibited goods | February 6, 2024 | People's Court of Chau Thanh District, Soc Trang Province || 14 | Judgment 20/2024/HS-ST on the crime of trading prohibited goods | February 1, 2024 | People's Court of Nam Dinh City, Nam Dinh Province || 15 | Judgment 10/2024/HS-ST on the crime of trading prohibited goods | January 31, 2024 | People's Court of Huong Son District, Ha Tinh Province || 16 | Judgment 05/2024/HS-ST on the crime of trading prohibited goods | January 31, 2024 | People's Court of district V, Yen Bai Province || 17 | Judgment 11/2024/HS-ST on the crime of trading prohibited goods | January 31, 2024 | People's Court of Huong Son District, Ha Tinh Province || 18 | Judgment 03/2024/HS-ST on the crime of trading prohibited goods | January 30, 2024 | People's Court of Gio Linh District, Quang Tri Province || 19 | Judgment 47/2024/HS-ST on the crime of trading prohibited goods | January 28, 2024 | People's Court of Phong Tho District, Lai Chau Province || 20 | Judgment 04/2024/HS-ST on the crime of trading prohibited goods | January 26, 2024 | People's Court of Cat Hai District, Hai Phong City || 21 | Judgment 12/2024/HS-ST on the crime of trading prohibited goods | January 25, 2024 | People's Court of district C, Province T || 22 | Judgment 03/2024/HS-ST on the crime of trading prohibited goods | January 15, 2024 | People's Court of Vinh City, Nghe An Province || 23 | Judgment 06/2024/HS-ST on the crime of trading prohibited goods | January 15, 2024 | People's Court of district-level town A, Province D || 24 | Judgment 04/2024/HS-ST on the crime of trading prohibited goods | January 11, 2024 | People's Court of Trang Bom District, Dong Nai Province || 25 | Judgment 03/2024/HS-ST on the crime of trading prohibited goods | January 5, 2024 | People's Court of district-level town Trang Bang, Tay Ninh Province || 26 | Judgment 06/2023/HS-ST on the crime of trading prohibited goods | December 29, 2023 | People's Court of Tieu Can District, Tra Vinh Province || 27 | Judgment 13/2023/HS-ST on the crime of trading prohibited goods | December 29, 2023 | People's Court of Cam Khe District, Phu Tho Province || 28 | Judgment 187/2023/HS-ST on the crime of trading prohibited goods | December 27, 2023 | People's Court of Quynh Luu District, Nghe An Province || 29 | Judgment 24/2023/HS-ST on the crime of trading prohibited goods | December 26, 2023 | People's Court of Thong Nhat District, Dong Nai Province || 30 | Judgment 39/2023/HS-ST on the crime of trading prohibited goods | December 22, 2023 | People's Court of Cam Lo District, Quang Tri Province |

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