07/10/2022 15:50

Vietnam: What are penalties for organizing illegal entry and exit?

Vietnam: What are penalties for organizing illegal entry and exit?

Recently, the situation of illegal entry and exit in border areas of our country is getting complicated, especially during the COVID period. Therefore, I would like to know what the penalties are for illegal entry and exit. (Ms. Thu Huong - Bac Giang, Vietnam)

Thank you for your question. Lawnet would like to answer your question as follows:

Acts of organizing or brokering for others to illegally exit or enter may be administratively sanctioned or even examined for criminal liability depending on the severity of the act.

Administrative sanctions

Clause 7 Article 18 of Decree 144/2021/ND-CP stipulates violations against regulations on exit, entry, transit, residence and travel as follows:

"7. A fine of from VND 30.000.000 to VND 40.000.000 shall be imposed for any of the following violations:

a) Forging passports, laissez-passers, international travel documents, documents issued to foreigners entering, leaving or residing in Vietnam or ABTC cards;

b) Entering or staying at an embassy, consulate, diplomatic mission, consular mission or international authority or organization located in Vietnam without their permission;

c) A foreigner resides in a prohibited area;

d) Vehicle owner, manager or operator transports persons who illegally enter or leave Vietnam;

dd) Organizing, arranging, assisting, inciting, concealing, harboring or enabling others to illegally enter and stay in foreign countries or enter and stay in Vietnam or illegally cross national borders.

a) A foreigner fails to comply with a decision issued by a competent authority to force him/her to leave Vietnam and continues staying in Vietnam;"

Thus, the act of organizations and brokers for other people to illegally exit or enter shall be fined from VND 30,000,000 to VND 40,000,000. In addition, foreigners who commit violations are also expelled from Vietnam.

Criminal liability

Article 348 of the Criminal Code 2015 (amended and supplemented in 2017) stipulates:

"1. Any person who, for self-seeking purposes, brokers the illegal entry, exit or stay in Vietnam of another person shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

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

b) The offence has been committed more than once;

c) The offence involves 05 - 10 people;

d) The offence is committed in a professional manner;

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

e) Dangerous recidivism.

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

a) The offence involves ≥ 11 people;

b) The illegal profit earned is ≥ VND 500,000,000;

c) The offence results in the death of a person.

4. 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."

As a result, anyone who, for self-seeking purpose, organizes or acts as an agent for others to illegally exit or enter the country will be investigated and could face up to 15 years in prison. In addition, this violation may also result in a fine of from VND 10,000,000 to VND 50,000,000 or a ban from holding certain posts, practicing certain professions, or doing certain jobs for one to five years.

In Section 2.8 of Official Dispatch 1557/VKSTC-V1 detailing the determination of the element of “self-seeking purpose” for this crime as follows:

“Self-seeking purpose” factor specified under Clause 1 Article 348 of the Criminal code is the motive of offenders to achieve unrighteous tangible or intangible benefits for themselves or other agencies, organizations and individuals. In reality, motive of offenders is primarily tangible benefits; in case of intangible benefits, prove the intangible benefits to guarantee the basis of accusation.

The above are regulations on the crime of organizing or brokering for other people to illegally exit or enter Vietnam. Below are some more judgments on this crime for your reference.

1. Judgment on the crime of organizing illegal exit from Vietnam No. 304/2021/HSPT

- Level of trial: Appellate

- Judicial body: High People's Court in Da Nang

- Court's decision: Defendants Ho Van C and Ho Van L committed the crime of "Organizing others to leave the country illegally"; sentenced each defendant to 5 years in prison

2. Judgment on the crime of organizing illegal exit from Vietnam No. 19/2022/HSST

- Level of trial: First instance

- Judicial body: People's Court of BD district, Binh Phuoc province

- Court's decision: Sentenced defendant Huynh Van M to 02 (two) years in prison for the crime of "organizing others to leave the country illegally."

3. Judgment on the crime of organizing illegal entry into Vietnam No. 06/2022/HSST

- Level of trial: First instance

- Judicial body: People's Court of BD district, Binh Phuoc province

- Court's decision: Sentenced defendant Tran Van N to 01 (one) year in prison for the crime of "organizing others to enter illegally".

4. Judgment on the crime of organizing illegal exit from Vietnam No. 70/2021/HSST

- Level of trial: First instance

- Judicial body: People's Court of Gia Lai province

- Court's decision: Sentenced defendant Nguyen Thi Thu Th to 5 (five) years in prison for the crime of "brokering for others to flee abroad".

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Phuong Uyen
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