Recently, the Government of Vietnam has issued the Decree No. 128/2020/NĐ-CP on penalties for administrative customs offences.
According to Article 10 of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, fines for offenses against regulations on declaration of cash in foreign currencies, cash in Vietnamese currency, negotiable instruments, gold, other precious metals, gemstones taken along when leaving or entering Vietnam are specified as follows:
- Penalties for failure to declare or to correctly declare the amount of cash in foreign currencies allowed to be carried along, cash in Vietnamese currency or gold carried in excess of the legal limit by a person when leaving Vietnam using a passport or passport alternative granted by a Vietnamese competent authority, laissez-passer or bordering resident’s ID card are as follows:
+ A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit is worth from VND 5,000,000 to less than VND 30,000,000;
+ A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the exhibit is worth from VND 30.000.000 to less than VND 70,000,000;
+ A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the exhibit is worth from VND 70,000,000 to less than VND 100,000,000;
+ A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.
- Penalties for failure to declare or to correctly declare the amount of cash in foreign currencies allowed to be carried along, cash in Vietnamese currency or gold carried in excess of the legal limit by a person when entering Vietnam using a passport or passport alternative granted by a Vietnamese or foreign competent authority, laissez-passer or bordering resident’s ID card, except for the case in Clause 3 of this Article are as follows:
+ A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed if the exhibit is worth from VND 5,000,000 to less than VND 50,000,000;
+ A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000;
+ A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.
- Penalties for overstating the amount of cash in foreign currencies, cash in VND or gold carried are as follows:
+ A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the value of overstated amount of cash in foreign currencies, cash in VND or gold in excess of the actual amount carried is from VND 5,000,000 to less than VND 20,000,000;
+ A fine ranging from VND 5,000,000 to less than VND 15,000,000 shall be imposed if the value of overstated amount of cash in foreign currencies, cash in VND or gold in excess of the actual amount carried is from VND 20,000,000 to less than VND 100,000,000;
+ A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed if the value of overstated amount of cash in foreign currencies, cash in VND or gold in excess of the actual amount carried is VND 100,000,000 or more but below the value that is liable to criminal prosecution.
- Penalties for failure to declare or to declare correctly the amount of gold or cash in foreign currencies carried by a person against the law when entering or leaving Vietnam using a laissez-passer or bordering resident’s ID card are as follows:
+ A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from VND 5,000,000 to less than VND 50,000,000;
+ A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000;
+ A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.
- Penalties for failure to declare or to correctly declare the amount of other precious metals, gemstones or negotiable instruments carried by a person which, by law, must be declared when entering or leaving Vietnam are as follows:
+ A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit is worth from VND 5,000,000 to less than VND 30,000,000;
+ A fine ranging from VND 5,000,000 to VND 15,000,000 shall be imposed if the exhibit is worth from VND 30.000.000 to less than VND 50,000,000;
+ A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000;
+ A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.
- The value of an exhibit specified in this Article is the value exclusive of the value of foreign currencies, Vietnamese currency in cash, negotiable instruments, gold, other precious metals or exempt from customs declaration as prescribed by law.
View more details at the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, effective from December 10, 2020.
Le Vy
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