How much is fine for harboring people illegally entering Vietnam?
How much is fine for harboring people illegally entering Vietnam? Is there criminal prosecution of people who illegally enter Vietnam?
Hi, I have a problem that needs to be answered. Mr. A, next to my house, was recently arrested by the district police for harboring people who illegally entered Vietnam. What happened after that, I don't know. I want to ask, what are penalties for harboring people illegally entering Vietnam?
Please advise. Thankyou.
1. How much is fine for harboring people illegally entering Vietnam?
In Clauses 7 and 8, 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;
8. Additional penalties:
a) Confiscation of the exhibits and means of administrative violations in case of violations specified in Points b, c, d Clause 3; Point a Clause 4; Point a Clause 5; Point c Clause 6; Points a, d Clause 7 of this Article;
b) Expulsion of foreigners who commit the violations specified in Clauses 1 through 7 of this Article.
According to Clause 2, Article 4 of Decree 144/2021/ND-CP stipulating fine levels:
2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.
Thus, when harboring people illegally entering Vietnam, they will be administratively fined from VND 30,000,000 to VND 40,000,000. In addition, Expulsion of foreigners who have illegally entered the country.
2. Is there criminal prosecution of people who illegally enter Vietnam?
Pursuant to Article 347 of the 2015 Penal Code defining offences against regulations of law on immigration; illegal stay in Vietnam are as follows:
Any person who illegally enters, exits Vietnam or stays in Vietnam despite the fact that he/she has incurred an administrative penalty for the same offence shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of 06 - 36 months' imprisonment.
Therefore, people who illegally enter Vietnam espite the fact that he/she has incurred an administrative penalty for the same offence. Those who commit such acts can be fined up to VND 50,000,000 or face a penalty of up to 3 years imprisonment.
Best Regards!
