Penalty of up to 15 years' imprisonment for acts of brokering illegal entry to Vietnam

Penalty of up to 15 years' imprisonment for acts of brokering illegal entry to Vietnam (Internet image)

According to current regulations, for the act of brokering illegal entry to Vietnam, depending on the severity of the violation, the person committing the act may be subject to administrative sanctions with a maximum fine of 40,000,000 VND or criminal liability with a maximum penalty of up to 15 years in prison. To be specific:

1. Administrative sanction

According to the provisions of Point a, Clause 5, Article 17 of Decree 167/2013/ND-CP, acts of helping, receiving, sheltering, or enabling others to go abroad, stay abroad, enter Vietnam, stay in Vietnam, or crossing national borders illegally will be fined from VND 15,000,000 to VND 25,000,000.

At the same time, Point dd, Clause 6, Article 17 of Decree 167/2013/ND-CP also stipulates that a fine of between VND 30,000,000 and 40,000,000 will be imposed on acts of organizing, introducing or brokering the others for entry or leaving Vietnam illegally.

Note: Foreigners who have acts of administrative violation above, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

2. Criminal prosecution

In addition to being subject to administrative sanction, people who commit violations, depending on their severity, may be prosecuted for criminal liability for the crime of brokering illegal entry, exit or stay in Vietnam according to Article 348 of the Criminal Code 2015, with a maximum penalty of up to 15 years' imprisonment. To be specific:

Article 348. Brokering illegal entry, exit or stay in Vietnam

1. Any person who, for self-seeking purposes, brokers the illegal entry, exit or stay in Vietnam of another person shall face a penalty of 01 - 05 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offender abuses his/her position or power to commit the offence;

b) The offence has been committed more than once;

c) The offence involves 05 - 10 people;

d) The offence is committed in a professional manner;

dd) The illegal profit earned is from VND 100,000,000 to under VND 500,000,000;

e) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence involves ≥ 11 people;

b) The illegal profit earned is ≥ VND 500,000,000;

c) The offence results in the death of a person.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

In particular, in the current situation of the COVID-19 acute respiratory infection pandemic, if the above acts lead to the spread of the disease to the community, the violator will also be criminally prosecuted according to the provisions of Article 240 of the Criminal Code 2015 on the crime of spreading dangerous infectious diseases in human. To be specific:

Article 240. Spreading dangerous infectious diseases in human

1. A person who commits any of the following acts that spread dangerous infectious diseases in human shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) Bringing or allowing another entity to bring animals, plants or products thereof or other items that are likely to transmit dangerous infectious diseases in human out of the epidemic zone, unless otherwise prescribed by law;

b) Bringing or allowing another entity to bring animals, plants or products thereof or other products that are infected or carry dangerous pathogens that are likely to be transmitted to human into Vietnam’s territory;

c) Other acts that spread dangerous infections in human.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence results in a declaration of an epidemic by the President of the People’s Committee of a province or the Minister of Health;

b) The offence results in the death of a person.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 12 years' imprisonment:

a) The offence results in a declaration of an epidemic by the Prime Minister;

b) The offence results in the death of 02 or more people.

4. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.

Le Vy

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