Brokering illegal entry into Vietnam may result in an imprisonment sentence of up to 15 years

Brokering illegal entry into Vietnam may result in an imprisonment sentence of up to 15 years​ (Illustration)

Regarding this issue, Lawnet provides the following explanation:

Depending on the nature and extent of the act of brokering illegal entry into Vietnam, those who organize the entry may be subject to administrative penalties or even face criminal prosecution according to current legal regulations.

Regarding criminal penalties in Vietnam:

Article 348 of the Criminal Code 2015 stipulates that anyone who, for profit, organizes or facilitates others to enter or stay in Vietnam illegally shall be sentenced to imprisonment ranging from 1 to 5 years. Additionally, committing the crime under any of the following circumstances shall result in imprisonment from 5 to 10 years:

- Abuse of position or authority;

- Committing the crime more than once;

- Involving from 5 to 10 people;

- Acting professionally;

- Illegally profiting from 100,000,000 VND to under 500,000,000 VND;

- Dangerously recidivating.

Committing the crime under any of the following circumstances shall result in imprisonment from 7 to 15 years in Vietnam:

- Involving 11 people or more;

- Illegally profiting from 500,000,000 VND or more;

- Causing death.

Additionally, the offender may also be fined from 10,000,000 VND to 50,000,000 VND or prohibited from holding certain positions, practicing certain professions, or performing certain jobs from 1 to 5 years.

Thus, anyone who facilitates others to enter, exit, or stay in Vietnam illegally may face imprisonment up to 15 years and may be fined from 10 million to 50 million VND.

Regarding administrative penalties in Vietnam:

Article 17 of Decree 167/2013/ND-CP stipulates:

Article 17. Violations of regulations on exit, entry, transit, residence, and travel

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

…

a) Crossing the national borders without completing entry or exit procedures as prescribed;

b) Evading or organizing, assisting others to evade into means of entry or exit for the purpose of entering or leaving Vietnam illegally;

…

4. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for any of the following acts:

a) Owners of means, drivers of various means of transport illegally transporting people entering or leaving Vietnam;

…

5. A fine of from 15,000,000 VND to 25,000,000 VND shall be imposed for any of the following acts:

a) Assisting, harboring, concealing, facilitating others to go abroad, stay abroad, enter Vietnam, stay in Vietnam, or to cross the national borders illegally;

…

6. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following acts:

d) Organizing, leading, or facilitating others to exit or enter Vietnam illegally.

…

Note: For foreigners who commit the aforementioned violations, depending on the severity, the penalty may include expulsion from the Socialist Republic of Vietnam.

Given the complex developments of the Covid-19 pandemic, the prevention and early, prompt handling of acts facilitating illegal exit of Vietnamese citizens and illegal entry of foreigners into Vietnam should be carried out seriously and as quickly as possible.

Thu Ba

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