What are criminal responsibilities for transporting 470.000 USD across the border of Vietnam?

What are criminal responsibilities for transporting 470.000 USD across the border of Vietnam?

Pursuant to Article 189 of the Criminal Code in 2015 (amended by Clause 39 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating illegal transport of goods or money across the border 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 across the border or between a free trade zone and the domestic market in any of the following circumstances shall be liable to a fine of from VND 20,000,000 to VND 200,000,000 or face a penalty of up to 02 years’ community sentence or a 03 - 24 months' imprisonment:

a) The offender incurred an administrative penalty for the same offence or any of the offences specified in Article 188, 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 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 05 years' imprisonment:

a) The offence is committed by an organized group;

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

c) The illegal goods are national treasure;

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

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

e) The offence has been committed more than once;

g) Dangerous recidivism.

3. If the illegal goods are assessed at ≥ VND 500,000,000, the offender shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or face a penalty of 05 - 10 years' imprisonment.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.

5. 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 500,000,000 if the illegally transported items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 200,000,000, 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 188, 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, e, g Clause 2 of this Article shall be liable to fine of from VND 500,000,000 to VND 2,000,000,000;

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 a fine of from VND 2,000,000,000 to VND 5,000,000,000 or has its operation suspended for 06 - 36 months;

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

dd) The violating corporate legal entity might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be banned from operating in certain fields or raising capital for 01 - 03 years.

As regulations above, a penalty of up to 02 years’ community sentence or up to 10 years' imprisonment.

Mrs.KH transported 470,000 USD (11.166.657.500 VND), so she will face a fine of from VND 1,000,000,000 to VND 3,000,000,000 or face a penalty of 05 - 10 years' imprisonment. However, the sentence for Ms. KH will depend on the results of the investigation agency and the execution decision.

What are administrative fines for illegal transport of money across the border of Vietnam?

Pursuant to Article 12 of the Decree 96/2020/NĐ-CP (amended by Clause 11 Article 2 of the Decree 37/2022/NĐ-CP) stipulating violations on illegal cross-border transport of goods and currency outside checkpoint areas which is not so serious that criminal prosecution may be brought as follows:

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less than VND 10,000,000.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Committing the violation whose exhibit is worth from VND 10,000,000 to less than VND 50,000,000;

b) Illegal cross-border transport of cultural materials.

3. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000.

4. A fine ranging from VND 40,000,000 to VND 75,000,000 shall be imposed if the exhibit is worth at least VND 100,000,000.

5. Additional penalties: Confiscation of the exhibit in the case of the violations mentioned in this Article, except for the case where the remedial measure set out in Clause 6 of this Article has been taken.

6. Remedial measures: The violator is compelled to destroy goods or items detrimental to human, animal and plant health and the environment, and indecent materials if any of the violations mentioned in this Article is committed.

Pursuant to Clause 2 Article 4 of the Decree 96/2020/NĐ-CP stipulating as follows:

2. The fines prescribed in Chapter II hereof are imposed for administrative violations committed by individuals, except for the violations mentioned in Point a Clause 4, Point a Clause 5, Point a Clause 7 Article 6; Point a Clause 5 Article 7; Point b Clause 8 Article 8; Point d Clause 2 Article 9; Article 11 hereof. The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation.

As regulations above, a fine ranging from VND 1,000,000 to VND 75,000,000 shall be imposed for illegal cross-border transport of goods and currency outside checkpoint areas which is not so serious that criminal prosecution may be brought. In addition, the exhibit in the case of the violations shall be coinsfiscated.

What are imprisonment sentences for smuggling in Vietnam?

Pursuant to Article 188 of the Criminal Code in 2015 (amended by Clause 38.a Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating 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 smuggled items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 300,000,000 or below VND 100,000,000, relics, antiques or items of historical or cultural values and 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 the offender has an unspent conviction for one of the aforementioned offences, except in the circumstances specified in Point d of this Clause;

b) A corporate legal entity that commits this offence in any of the circumstances specified in 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 a fine of from VND 3,000,000,000 to VND 7,000,000,000;

d) A corporate legal entity that commits this offence in any of the circumstances 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 circumstances specified in Article 79 hereof shall be permanently shut down;

e) The violating 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.

As regulations above, a penalty from 06 months' imprisonment to 20 years' imprisonment shall be imposed for smuggling in Vietnam.

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