When is Smuggling a Crime?

Thu Ky Luat would like to answer your question as follows:

These days, a lot of people engage in selling "hand-carried" goods because of its high profitability due to exemption from regular import taxes. A typical case is that of two American citizens who, during immigration procedures into Vietnam, had 240 illegal iPhone 6 phones seized by authorities at Tan Son Nhat International Airport. This act could be considered smuggling under Vietnamese criminal law.

According to Article 153 of the 1999 Criminal Code, smuggling is understood as the illegal transportation of goods across national borders. These goods include:

1. Goods, Vietnamese currency, foreign currency, precious metals, gemstones valued at 100,000,000 VND or more. If below 100,000,000 VND, they must satisfy one of the following two conditions:- Have been administratively sanctioned for one of the acts stipulated from Article 153 to Article 161.- Have been convicted of one of these crimes but have not yet had the criminal record expunged.
2. Items belonging to historical and cultural relics;
3. Prohibited goods in business.

The list of prohibited goods in business is specifically stipulated in Appendix I of the List of Goods, Services Prohibited from Business issued with Decree 59/2006/ND-CP.

The act of illegally trading goods without crossing borders does not constitute smuggling but, depending on the case, constitutes offenses of trading prohibited goods or illegal business. Therefore, it can be seen that crossing the border is a mandatory condition to constitute smuggling. Naturally, the perpetrator must commit the act with direct intent.

Typically, the act of smuggling is easily confused with the act of illegal transportation of goods. However, these two acts differ entirely in nature. Specifically, a distinguishing feature of illegal transportation of goods is that the offender is not the owner of the goods; they are merely transporting goods for the owner, whether for a fee or not. The illegal transporter will only be charged with smuggling if they are an accomplice in the smuggling case.

Thus, depending on the type of goods you carry and their value as listed above, it will be considered whether it constitutes smuggling under current Vietnamese criminal law.

Related documents:

Ciminal Code 2015

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