Supreme People's Procuracy's guidance on the application of Articles 347, 348 and 349 of Vietnam's Criminal Code.

Duc Thao

17:19, 22/04/2021

Recently, the Supreme People's Procuracy of Vietnam issued Official Dispatch 1557/VKSTC-V1 stipulating guidance on the application of Articles 347, 348 and 349 of the Criminal Code.

Specifically, according to Vietnam's Official Dispatch 1557/VKSTC-V1 in order to promptly remove obstacles in the process of dealing with crimes as specified under Article 347, Article 348 and Article 349 of the Criminal Code, the Supreme People's Procuracy of Vietnam provides professional guidance on a number of key issues, such as:

Differentiating “brokering illegal exit from Vietnam” (Article 348 of the Criminal Code) with “organizing, brokering illegal emigration” (Article 349 of the Criminal Code)
Adoption of “incurred administrative penalties” in “Offences against regulations of law on immigration; illegal stay in Vietnam” (Article 347 of the Civil Code);
Dealing with cases of multiple offences specified under Article 348 of the Criminal Code;
Taking actions against organizing, brokering illegal stay in Vietnam of other individuals (Article 348 of the Civil Code) of individuals entering legally or illegally;
Taking actions against cases of organizing, brokering illegal exit of other individuals (Article 348 of the Civil Code) or organizing, brokering illegal exit of other individuals where offenders are detected and caught before crossing the border;
…

Details can be found in Vietnam's Official Dispatch 1557/VKSTC-V1, issued on April 20, 2021.

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