What are penalties for the crime of organizing illegal emigration in Vietnam? What are judgments related to this case?

Lawnet would like to respond as follows:

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

According to Article 349 of the Ciminal Code Vietnam 2015, the penalties for the crime of organizing, brokering illegal emigration are prescribed as follows:

Level 1: Whoever organizes or brokers illegal emigration, not falling under the cases specified in Article 120 of the Ciminal Code Vietnam 2015, shall be subject to imprisonment from 01 year to 05 years.

Level 2: Committing the crime under any of the following circumstances shall be subject to imprisonment from 05 years to 10 years:

- Abusing position or authority;

- Committing the crime twice or more;

- For 05 to 10 people;

- Of a professional nature;

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

;- Dangerous recidivism.

Level 3: Committing the crime under any of the following circumstances shall be subject to imprisonment from 07 years to 15 years:

- For 11 people or more;

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

- Causing death.

In addition, the offender may also be subject to a fine from 10,000,000 VND to 50,000,000 VND or prohibited from holding certain positions, practicing certain occupations or doing certain jobs for 01 year to 05 years.

What are judgments related to the crime of organizing illegal emigration in Vietnam?

Judgment on the crime of organizing illegal emigration No. 31/2021/HS-ST

- Trial Level: First-instance

- Issuing Authority: People's Court of Nghe An Province

- Extracted Content: Although not licensed by the competent state agency to operate in consultancy, brokerage, recruitment, and sending Vietnamese laborers to work abroad, from October 2019 to November 23, 2019, Nguyen Van T registered his household in Dien Ng, Dien Chau District, and was working in Samoa, contacted via phone to consult and promise six laborers to work in Samoa. Nguyen Van T used a mobile phone to direct his wife, Doan Thi L, to receive a total of 932,865,000 VND from six laborers. Specifically, collected from Luong Xuan T 196,755,000 VND; Nguyen Dinh Th 196,755,000 VND; Nguyen Ba K (father of Nguyen Ba T) 196,755,000 VND; Vo Thi H (mother of Tran Ngoc H) 130,000,000 VND; Nguyen Huu D 92,600,000 VND; Ngo Quang K 120,000,000 VND. Therefore, the Trial Panel decided to sentence the defendants Doan Thi L and Ngo Thi Hong H for the crime of “organizing illegal emigration.”

Judgment on the crime of organizing illegal emigration No. 78/2020/HS-PT

- Trial Level: Appellate

- Issuing Authority: High People's Court in Hanoi

- Extracted Content: On May 11, 2018, D transferred 369,000,000 VND to B's account number 00817088xxxx at Military Commercial Joint Stock Bank (MB); the remaining 21,000,000 VND was given by B to D and T for expenses. D gave T 5,000,000 VND, and D used the remaining 16,000,000 VND for personal purposes. After transferring money to B, on May 12, 2018, D and T took N and C by bus from Nghe An to Hanoi; on May 13, 2018, B picked up D, T, N, and C from Hanoi to Mong Cai, Quang Ninh Province, to take N and C to Guangzhou, China. On May 14, 2018, B took N and C to issue laissez-passer across the Vietnam-China border. B then took N and C through Mong Cai border gate, into Chinese territory, and handed them over to Do Van Long (born 1984), residing in Trai Chuoi Ward, Hong Bang District, Hai Phong City, to be taken to Guangzhou, China for Sa to handle exit procedures for N and C to South Korea. In Guangzhou, China, as Sa could not handle the exit procedures for N and C to South Korea, on May 17, 2018, N and C returned to Vietnam via unofficial roads on the Vietnam-China border in Cao Bang Province. On June 16, 2018, N and C accused Truong Van B, Luu Van D, and Truong Van T of the People's Security Investigation Division of A.

Judgment on the crime of organizing illegal emigration No. 111/2021/HS-ST

- Trial Level: First-instance

- Issuing Authority: People's Court of Hanoi City

- Extracted Content: Knowing the demand of some individuals who wanted to work and find jobs in South Korea without going through official channels, as well as understanding the South Korea regulations opening tourism through Jeju Island's self-governing area without requiring a visa, the defendant connected with some Vietnamese-origin Koreans living on Jeju Island to sponsor and find jobs for those who wanted to travel and illegally stay to find jobs.

On May 8 and 9, 2019, Nguyen Thi Huong Ch, organized the act of sending Nguyen Van V, Bui Anh T1, Luong Bich Ng, and Nguyen Xuan H3 from Vietnam to travel to Jeju Island, South Korea, with the purpose of staying illegally for work. They were denied entry by South Korean authorities and deported back to Vietnam on May 12, 2019. Therefore, the defendant Nguyen Thi Huong Ch committed the crime of “organizing illegal emigration” as stipulated in Clause 1, Article 349 of the Ciminal Code Vietnam 2015.

Judgment on the crime of organizing illegal emigration No. 55/2022/HS-ST

- Trial Level: First-instance

- Issuing Authority: People's Court of Ha Giang Province

- Extracted Content: Previously, Sùng Mi L, Sùng Mi C, and Lo Mi P worked as hired laborers in China, becoming acquainted with a Chinese national named Lo Mi X (living about 1 km from the China-Vietnam border). Around June 2019, X called L to find people to work for him in China, the job involved forest clearing, hole digging, and tree planting with a wage of approximately 100 Chinese Yuan (CNY)/person/day. Sùng Mi L relayed X's information to Sùng Mi C and asked C to help find people to take to China. The total number of illegal laborers the defendants found and sent to China to work was 17, leading them through Thon M, Xa T, Meo Vac District, Ha Giang Province.

Sincerely,

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