What are the penalties for carrying cash beyond the prescribed limit in Vietnam?

1. What are exit documents under the law in Vietnam?

Exit documents are specified in Article 6 of the Law on Exit and Entry of Vietnamese Citizens 2019, supplemented by Point a and Point a, Clause 1, Article 1 of the Law amending Law on Exit and Entry of Vietnamese Citizens and the Law on Exit, Transit and Residence of Foreigners in Vietnam 2023 specifically:

- Entry and exit documents include:

+ Diplomatic passports;

+ Service passports;

+ Regular passports;

+ Laissez-passers.

+ Other papers prescribed by international treaties to which the Socialist Republic of Vietnam is a signatory.

- Passports containing or not containing electronic chips issued for Vietnamese citizens from 14 years of age. Passports not containing electronic chips shall be issued to Vietnamese citizens less than 14 years of age of issued by shortened procedures.

- Information on entry and exit documents include:

+ Photographs;

+ Family name, middle name and first name;

+ Gender;

+ Place of birth; date of birth;

+ Nationality;

+ Symbol, entry and exit document number; date of issue and issuing body; date of expiry;

+ Personal identification number or ID number;

+ Positions or titles in case of diplomatic passports and service passports satisfactory to diplomatic purposes;

+ Other information as regulated by the Government.

Thus, when leaving the country, people need to have one of the following documents: Diplomatic passport; Official passports; Travel document or other documents as prescribed in international treaties to which the Socialist Republic of Vietnam is a member.

2. What is the validity of exit documents in Vietnam? Is it possible to extend the validity period?

According to the provisions of Article 7 of the Law on Entry and Exit of Vietnamese Citizens 2019 and guided by Article 3 of Circular 04/2020/TT-BNG on the duration of immigration documents as follows:

- Diplomatic passports and service passports shall be effective from 1 to 5 years; can be extended no more than 3 years per instance.

+  Passports issued in case of any damage or loss occurring during short-term business travels in foreign countries, under point a clause 1 Article 13 of the Law on Entry and Exit of Vietnamese Citizens 2019, are valid for 1 year;

+ Passports issued under point a clause 1 Article 13 of the Law on Entry and Exit of Vietnamese Citizens 2019 when their pages run out or they are expected to be renewed are valid for a minimum of 1 year and not longer than the validity of the preexisting ones.

+ Passports issued to those whose posts are changed, under point b clause 1 Article 13 of the Law on Entry and Exit of Vietnamese Citizens 2019 are valid for a minimum of 1 year and not longer than the validity of the preexisting ones.

+ New passports or renewal passports issued to the persons under point d clause 1 Article 13 of the Law on Entry and Exit of Vietnamese Citizens 2019 are valid for a minimum of 1 year and not longer than the validity of passports of persons who they accompany or visit.

- Validity of regular passports is as follows:

+ Regular passports issued to persons from 14 years of age shall be effective for 10 years and shall not be extended;

+ Regular passports issued to persons under 14 years of age shall be effective for 05 years and shall not be extended;

+ Regular passports issued by shortened procedures shall be effective for no more than 12 months and shall not be extended.

- Laissez-passers shall be effective for no more than 12 months and shall not be extended.

Thus, depending on each type of passport, the validity period will vary from 12 months to 10 years. For diplomatic passports and official passports, they can be renewed, but the extension period must not exceed 3 years. Ordinary passports and travel documents cannot be extended.

3. What are the penalties for carrying cash beyond the prescribed limit in Vietnam?

According to the provisions of Clause 1 and Clause 4, Article 10 of Decree 128/2020/ND-CP, penalties for failure to declare or to correctly declare the amount of cash in foreign currencies allowed to be carried along, cash in Vietnamese currency or gold carried in excess of the legal limit by a person when leaving Vietnam using a passport or passport alternative granted by a Vietnamese competent authority, laissez-passer or bordering resident’s ID card are as follows:

- A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit is worth from VND 5,000,000 to less than VND 30,000,000;

- A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the exhibit is worth from VND 30.000.000 to less than VND 70,000,000;

- A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the exhibit is worth from VND 70,000,000 to less than VND 100,000,000;

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.

Penalties for failure to declare or to declare correctly the amount of gold or cash in foreign currencies carried by a person against the law when entering or leaving Vietnam using a laissez-passer or bordering resident’s ID card are as follows:

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from VND 5,000,000 to less than VND 50,000,000;

- A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000;

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.

Thus, the act of carrying cash out of the country in excess of the legal limit by a person can be fined from 1,000,000 VND to 50,000,000 VND depending on the amount of cash carried in excess of the legal limit by a person

Key word: cash | exit documents | in Vietnam | validity period | Passports |

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