What are the penalties for smuggling in Vietnam? What are some judgments related to smuggling in Vietnam?

Hello, Lawnet provides the following answers:

1. What is smuggling according to the law in Vietnam?

According to Article 188 of the Vietnamese Criminal Code 2015 (amended in 2017), smuggling is the act of illegally trading goods, Vietnamese money, foreign currencies, precious metals, and gemstones across borders or from non-tariff zones into the inland, or vice versa.

2. What are the penalties for individuals smuggling in Vietnam?

According to Article 188 of the Vietnamese Criminal Code 2015 (amended in 2017), individuals committing the offense of smuggling face the following penalties:

Frame 1

Anyone who illegally trades goods, Vietnamese money, foreign currencies, precious metals, gemstones across borders or from non-tariff zones into the inland, or vice versa, valued from VND 100,000,000 to less than VND 300,000,000 or under VND 100,000,000 but falls into one of the following circumstances, shall be fined from VND 50,000,000 to VND 300,000,000 or imprisoned from 06 months to 03 years:

- Previously penalized for administrative violations on smuggling or as specified in Articles 189, 190, 191, 192, 193, 194, 195, 196, and 200 of the Vietnamese Criminal Code 2015 (amended in 2017) or previously convicted of these crimes but not yet having their criminal records expunged;

- The contraband involves cultural artifacts or antiques.

Frame 2

Committing the offense under one of the following circumstances shall be fined from VND 300,000,000 to VND 1,500,000,000 or imprisoned from 03 to 07 years:

- Organized manner;

- Professional trait;

- The contraband is valued from VND 300,000,000 to less than VND 500,000,000;

- Illicit gains from VND 100,000,000 to less than VND 500,000,000;

- The contraband is national treasure;

- Abusing positions of authority;

- Abusing the name of an agency or organization;

- Committing the offense 02 times or more;

- Dangerous recidivism.

Frame 3

Committing the offense under one of the following circumstances shall be fined from VND 1,500,000,000 to VND 5,000,000,000 or imprisoned from 07 to 15 years:

- The contraband is valued from VND 500,000,000 to less than VND 1,000,000,000;

- Illicit gains from VND 500,000,000 to less than VND 1,000,000,000.

Frame 4

Committing the offense under one of the following circumstances shall be imprisoned from 12 to 20 years:

- The contraband is valued VND 1,000,000,000 or more;

- Illicit gains of VND 1,000,000,000 or more;- Abusing wartime, natural disasters, pandemics, or other particularly difficult circumstances.

Additional penalties: Offenders may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding certain positions or practicing certain professions or performing certain jobs from 01 to 05 years, or having part or all of their property confiscated.

Thus, individuals committing smuggling crimes can be sentenced to imprisonment from 06 months to 20 years depending on specific circumstances, and may also face additional penalties such as fines, ban from holding certain positions or practicing certain professions, and confiscation of part or all of their property.

3. What are some judgments related to smuggling in Vietnam?

Judgment on smuggling offense No. 04/2023/HS-ST

- Level of adjudication: First instance.

- Adjudicating agency: The People’s Court of Vinh Hung district, Long An province.

- Excerpt of content: “On June 10, 2022, Le Van N called T (in Cambodia) to order 170 boxes of fruit type Bon Bon, priced at VND 28,000/kg and 140 boxes of fruit type Mangosteen, priced at VND 25,000/kg. T agreed and planned to deliver it at Q scrap warehouse at noon on June 11, 2022. That afternoon, N called Pham Quoc B to hire 02 trucks to transport the fruits from Q scrap warehouse to T wholesale market. Around 10 AM the same day, N asked Tran Thi T, a fruit trading broker, to get border checkpoint permission to receive durians. T, unaware that the trucks were carrying mangosteens and bonbons, called Major Le Van T, who was on duty, to let the 02 trucks into Vietnam. After passing the checkpoint, the 02 trucks drove to Q scrap warehouse, loaded the fruits, and then moved towards commune-level town V. They were intercepted at R and B urban quarters.”

Judgment 62/2017/HSST dated September 11, 2017, on smuggling offense

- Level of adjudication: First instance.

- Adjudicating agency: The People’s Court of Cao Loc district, Lang Son province.

- Excerpt of content: “Tran Manh T transported hired fruits from China to Vietnam. On June 07, 2017, T agreed to transport fruits from China to Long Bien – Hanoi for hire. On June 08, 2017, T invited his brother-in-law Nguyen Van Ch to accompany him to load goods. After receiving the goods, T saw illegal fireworks being sold by the roadside and decided to buy them to bring home for use. T stopped his vehicle, approached a Chinese man selling fireworks, and bought 06 sets of 100-fireworks per set for VND 600,000. He then continued driving. Around 3 PM the same day, after completing the import procedures for the fruits, T drove towards Hanoi. Around 4 PM the same day, at the Joint Control Station, T was caught red-handed by Lang Son provincial police cooperating with the Joint Control Station.”

Judgment 43/2017/HSST dated August 15, 2017, on smuggling offense

- Level of adjudication: First instance.

- Adjudicating agency: The People’s Court of Chi Lang district, Lang Son province.

- Excerpt of content: “On March 17, 2017, T went to C's house to discuss and agree on going to China to buy 36-fireworks per set to sell in Vietnam and split the profits. T gave C VND 3,000,000 and instructed C to buy the fireworks, promising to join C in their transportation. C agreed. Around 11 PM on March 22, 2017, C and T illegally crossed the border to China. They went to a grocery store run by a Chinese woman named X to buy 03 boxes containing a total of 54 sets of fireworks (36-fireworks per set) for CNY 3,240. C and T then returned to Vietnam. Around 3:30 AM on March 23, 2017, at Km 62 + 500 of National Highway 1A, they were checked and arrested with the contraband.”

Judgment 38/2017/HSPT dated July 13, 2017, on smuggling offense

- Level of adjudication: Appellate.

- Adjudicating agency: The People’s Court of Lang Son province.

- Excerpt of content: “On December 30, 2016, while working as laborers at F company in Ha Nam, Nguyen Van H and Van P met two young men named T and Y who asked H and P to transport fireworks from Lang Son to sell them to T and Y for VND 500,000 per set. Around 6 AM on December 31, 2016, P and H took a bus to Lang Son. H drove P to a market in China to buy fireworks. They bought 13 sets for CNY 363. Upon returning to Vietnam, around 5:20 PM on January 1, 2017, the police of Lang Son and the customs office at C border gate, conducted a raid and caught Nguyen Van H red-handed with the contraband. Ha Van P fled but later turned himself in on January 10, 2017, at the investigation agency of Lang Son district police.”

Judgment 04/2018/HSST dated January 23, 2018, on smuggling offense

- Level of adjudication: First instance.

- Adjudicating agency: The People’s Court of Trang Dinh district, Lang Son province.

- Excerpt of content: “Around 7 AM on July 18, 2017, T, T1, L, and T2 took a bus from Thai Nguyen to Trang Dinh district and illegally crossed the NN border gate to China to find work. Unable to find jobs, the four rented a car to return. Passing through S market in China, T, T1, L, and T2 decided to buy fireworks for use and resale. T1 paid for T1 and L’s fireworks, costing CNY 618, T bought CNY 300 worth, and T2 bought CNY 312 worth of fireworks. They then smuggled the fireworks through the NN border gate to Vietnam. When they arrived at B village, D commune, Trang Dinh district, they were caught red-handed by Trang Dinh district police.”

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