Are foreigners traveling on Vietnamese territory without carrying passports sanctioned?

Are foreigners traveling on Vietnamese territory without carrying passports sanctioned?

Pursuant to Clause 1, Article 18 of Decree 144/2021/ND-CP regulating violations of regulations on exit, entry, transit, residence and travel as follows:

1. A warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed upon a foreigner for traveling within the territory of Vietnam without bearing passport, laissez-passer, international travel document, document issued to a foreigner entering, leaving or residing in Vietnam or ABTC card.

In addition, Clause 8, Article 18 of Decree 144/2021/ND-CP also provides for additional penalties as follows:

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.

Thus, foreigners traveling in the territory of Vietnam who do not carry a passport will be fined from VND 300,000 to VND 500,000 in Vietnam. It is also possible to be expelled pursuant to Point b of Clause 8.

What are penalties for foreigners rent out their passports in Vietnam?

Pursuant to Clause 3, Article 18 of Decree 144/2021/ND-CP regulating violations of regulations on exit, entry, transit, residence and travel as follows:

3. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

a) Crossing national borders without following immigration procedures as prescribed by law;

b) Destroying, erasing, deleting, altering or falsifying format or contents of passport, laissez-passer, international travel document, document issued to a foreigner entering, leaving or residing in Vietnam or ABTC card;

c) Gifting, giving, hiring, leasing, pawning or receiving passport, laissez-passer, international travel document, document issued to a foreigner entering, leaving or residing in Vietnam or ABTC card as collateral;

d) Letting another person use one’s passport, laissez-passer, international travel document, document issued to a foreigner entering, leaving or residing in Vietnam or ABTC card for performing illegal acts;

dd) Using another person’s passport, laissez-passer, international travel document, document issued to a foreigner entering, leaving or residing in Vietnam or ABTC card for entering, exiting, transiting, residing or performing other acts of violation;

e) A foreigner still uses certificate of temporary residence, approval of temporary residence extension or temporary resident card or fails to apply for replacement of permanent residence card for residing in Vietnam without obtaining permission from a competent authority when one of these documents has been expired for from 16 days to less than 30 days;

g) A foreigner issued with a permanent residence card fails to notify changes in his/her address to serve replacement of his/her permanent residence card; a foreigner who makes entry into economic zones of birder checkpoint areas or coastal economic zones under visa exemption mechanism fails to possess a Vietnamese visa when visiting other destinations of Vietnam as prescribed by law;

h) A tourist accommodation establishment that is a hotel fails to make internet connection or connect their computer network with the immigration division affiliated to the relevant provincial department of public security for transmitting information about foreigners’ declaration of temporary residence;

i) An accommodation establishment fails to make declaration of temporary residence or update information about temporary residence when providing overnight accommodation for foreigners; a foreigner fails to provide information or provides false information for the accommodation establishment when making declaration of temporary residence as prescribed by law.

In addition, Clause 9, Article 18 of Decree 144/2021/ND-CP provides for remedial measures as follows:

9. Remedial measure:

Mandatory return of the illegal profits earned from commission of the administrative violations specified in Point c Clause 3 and Points a and c Clause 5 of this Article.

Thus, foreigners who rent out their passports in the territory of Vietnam will be fined between VND 3,000,000 and VND 5,000,000 in Vietnam. Confiscation of exhibits and means of administrative violation according to Point a, Clause 8, may be expelled according to Point b, Clause 8, Article 18 of the above Decree. In addition, the lessor is also forced to pay back the amount of unlawful profit earned as a result of the violation.

In the above case, Mr. Louis who does not bring a passport will be fined from VND 300,000 to VND 500,000. In addition, they may be expelled under Point b, Clause 8 of Decree 144/2021/ND-CP.

Best Regards!