How many years of imprisonment for smuggling antiques in Vietnam?

How many years of imprisonment for smuggling antiques in Vietnam?

Pursuant to Article 188 of the 2015 Penal Code as amended by Clause 38, Article 1 of the 2017 Penal Code Amendment Law, there are provisions on smuggling as follows:

1. Any person who illegally conducts deals in goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 in any of the following circumstances across the border or between a free trade zone and the domestic market shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 - 36 months' imprisonment:

a) The offender incurred an administrative penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has an unspent conviction for one of the aforementioned offences;

b) The exhibit is a relic.

2. This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;

d) The illegal profit reaped is from VND 100,000,000 to under VND 500,000,000;

dd) The illegal goods are national treasure;

e) The offence involves the abuse of the offender's position or power;

g) The offence is committed in the name of an agency or organization;

h) The offence has been committed more than once;

i) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a fine of from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 7 - 15 years' imprisonment:

a) The illegal goods are assessed at from VND 500,000,000 to under VND 1,000,000,000;

b) The illegal profit reaped is from VND 500,000,000 to under VND 1,000,000,000.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The illegal goods are assessed at ≥ VND 1,000,000,000;

b) The illegal profit reaped is ≥ VND 1,000,000,000;

c) The offender takes advantage of a war, natural disaster, epidemic or other extreme hardship to commit the offence.

5. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.

6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits any of the offences specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000 if the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 300,000,000, relics assessed at under VND 200,000,000; or the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 200,000,000 but the offender has incurred an administrative penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof or has an unspent conviction for one of the aforementioned offences;

b) A corporate legal entity that commits this offence in any of the circumstances specified in Points a, b, c, d, dd, h, i Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) A corporate legal entity that commits this offence in any of the circumstances specified in Clause 3 of this Article shall be liable to fine of from VND 3,000,000,000 to VND 7,000,000,000;

d) A corporate legal entity that commits this offence in the circumstance specified in Clause 4 of this Article shall be liable to a fine of from VND 7,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 - 36 months;

dd) A corporate legal entity that commits this offence in the circumstance specified in Article 79 hereof shall be permanently shut down;

e) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 300,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.

Thus, according to the above provisions in Vietnam, those who commit acts of smuggling antiques may be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment from 6 months to 3 years. The specific punishment depends on the conclusion of the investigation and the court's decision.

Can offenders of smuggling antiques due to obsolescence be considered mitigating factors in Vietnam?

Pursuant to Article 51 of the 2015 Penal Code as amended by Clause 6, Article 1 of the 2017 Penal Code Amendment Law, there are provisions on mitigating circumstances of penal liability as follows:

1. The following circumstances are considered mitigating factors:

a) The offender has prevented or reduced the harm caused by the crime;

b) The offender voluntarily makes rectification, pays damages or relieves the consequences;

c) The crime is considered unjustified force in self-defense;

d) The crime is considered unjustified force in urgent circumstance;

dd) The crime is considered unjustified force in capturing a criminal;

e) The crime is committed under provocation caused by the victim's illegal acts;

g) The crime is committed because of extreme hardship that is not on the offender's account;

h) The crime has not inflicted damage or the damage inflicted is not significant;

i) The offender commits a less serious crime and does not have prior criminal record;

k) The crime is committed because the offender threatened or coerced by others;

l) The offender commits the crime while because of lack of awareness that is not on his/her account;

m) The crime is committed due to obsolescence;

n) The offender is a pregnant woman;

o) The offender is 70 years of age or older;

p) The offender has a serious physical disability or extremely serious physical disability;

g) The offender has a disease that limits his/her awareness or control of his/her acts;

r) The offender turns himself/herself in;

s) The offender expresses cooperative attitude and/or contrition;

t) the offender fully cooperates with responsible for authorities in discovery of crimes or during the investigation;

u) The offender has made reparation in an effort to atone for the crime;

v) The offender is an excellent worker, soldier or student;

x) The offender is revolutionist, parent, spouse or child of a war martyr or war veteran.

2. When issuing a decision on sentences, the Court might consider the offender's turning himself/herself in or other circumstances as mitigating factors and specify the reasons in the judgment.

3. If a circumstance defined as a mitigating factor this document is the basis for determination of a crime or sentence bracket, it shall not be considered a mitigating factor in the decision on sentences.

According to this Article, committing crimes due to obsolescence is a mitigating factor of criminal liability. Therefore, those who commit crimes of smuggling antiques due to obsolescence can be considered mitigating factors in Vietnam.

Best Regards!