Illegal dispatch of Vietnamese citizens to work overseas CARRIES up to 15 years of imprisonment

Organization of dispatching Vietnamese citizens oversea illegally may serve sentence of imprisonment upto 15 years (Illustration)

* Organization of dispatching Vietnamese citizens oversea illegally is prohibited 

Clause 6, Article 6 of Law on Entry and Exit of Vietnamese Citizens 2019 stipulated prohibited acts as follows: 

Make entry or exit illegally;

Organize, arrange, assist, conceal, harbor or enable others to illegally make entry or exit; cross national borders without following procedures as per the law.

* Adminstrative penalties for organization of dispatching Vietnamese citizens oversea illegally

Pursuant to Point dd Clause 7 Article 18 of Decree 144/2021/ND-CP, a fine ranging from VND 30,000,000 to VND 40,000,000 shall be applied for acts of organizing, arranging, assisting, concealing, harboring or enable others to illegally make entry or exit; cross national borders without following procedures as per the law.

In Clause 8 Article 18 of Decree 144/2021/ND-CP, foreigners who commit crimes in Clause 7 Article 18 of Decree 144/2021/ND-CP will be subject to the additional penalty of expulsion.

Note: The fine level for organizations is 2 times higher than for individuals (Clause 2, Article 4 of Decree 144/2021/ND-CP).

* Criminal liability for organization of dispatching Vietnamese citizens oversea illegally

Article 348 of the 2015 Penal Code stipulates the crime of brokering illegal entry, exit or stay in Vietnam as follows:

- 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.

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

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

+ The offence has been committed more than once;

+ The offence involves 05 - 10 people;

+ The offence is committed in a professional manner;

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

+ Dangerous recidivism.

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

+ The offence involves ≥ 11 people;

+ The illegal profit earned is ≥ VND 500,000,000;

+ The offence results in the death of a person.

In addition, 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.

Thus, individuals who commit violation of organization of dispatching Vietnamese oversea illegally will be fined from 30 million VND to 40 million VND, foreigners who commit violation will be subject to expulsion; or be prosecuted criminally with a maximum penalty of up to 15 years in prison.

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