Sanctions for illegal entry into Vietnam

Depending on the extent, illegal entry will be administratively handled or prosecuted for criminal liability.

1. Administrative handling:

According to Point a Clause 3 Article 17 of the Decree No. 167/2013/NĐ-CP, the fine for entering Vietnam without carrying out procedures as prescribed is specified as follows:

Article 17. Violation of regulations on entry, exit, transit, stay and traveling

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Crossing national border without entry or exit procedures as prescribed;

Thus, the highest administrative fine for illegal entry into Vietnam is VND 5 million.

Moreover, the acts of using fake Passport or valuable papers in lieu of fake Passport, fake visa, fake temporary residence card, fake permanent residence card or fake verification seal for entry, exit, transit or residence shall be fined from VND 5.000.000 to VND 10.000.000 (Point b Clause 4 Article 17 of the Decree No. 167/2013/NĐ-CP).

Note: Foreigners who have acts of administrative violation, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam (Clause 9 Article 17 of the Decree No. 167/2013/NĐ-CP).

2. Criminal prosecution:

According to Article 347 of the Criminal Code 2015 of Vietnam, 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 offense 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.

Thus, any person who illegally enters Vietnam for the first time may be administratively fined with a maximum fine of 5,000,000 VND. In case that person has already committed an administrative violation but still commits it again, he/she shall face a maximum penalty of 36 months' imprisonment.

View more details at the Decree No. 167/2013/NĐ-CP and Criminal Code 2015 of Vietnam.

Phuong Thanh

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