Foreigners commit crimes in the territory of Vietnam

by DungTran

Foreigners commit crimes in the territory of Vietnam. Provisions of the penal code on foreigners committing crimes in the territory of Vietnam. Let us learn about this topic with LSX Law firm below:

Situation:

A is 30 years old, Lao nationality. At Tan Son Nhat airport, Vietnam, A was arrested for illegally bringing $50,000 to Laos while bringing the money back home. A confessed 3 months ago that A sold heroin to B (Vietnamese nationality) and lent B $50,000 in Laos. Wait 1 month will pay when B does not pay. A flew to Vietnam to ask for money. Do A commit crimes in the territory of Vietnam?

Reply:

Foreigners commit crimes in the territory of Vietnam

Legal grounds

Penal Code 2015 (amended and supplemented in 2017) 

Provisions of the penal code on foreigners committing crimes in the territory of Vietnam:

Accordingly, article 5 of the 2015 Penal Code (amended and supplemented in 2017) on the effectiveness of the Penal Code for criminal acts in the territory of the Socialist Republic of Vietnam:

Firstly, the Penal Code shall apply to all criminal acts committed in the Socialist Republic of Vietnam territory.

In addition, this provision also applies to criminal acts or the consequences of criminal acts occurring onboard aircraft or ships of Vietnamese nationality or in the exclusive economic zone or continental shelf of Vietnam.

Secondly, foreigners who commit crimes in the territory of the Socialist Republic of Vietnam; entitled to diplomatic or consular immunity under Vietnamese law; according to international treaties to which the Socialist Republic of Vietnam If Vietnam is a member or according to international practices; their criminal liability shall be settled; according to the provisions of the international treaty or according to such international practice; where such international treaty does not stipulate or has no international custom; their criminal liability shall be settled through diplomacy.

Based on the above Law, A is a Lao national. Suppose A is not entitled to diplomatic or consular immunity. In that case, A’s criminal liability will be the same as an ordinary Vietnamese citizen.

Pursuing criminal liability of foreigners committing crimes in the Vietnamese territory

Accordingly, A may be criminally prosecuted for the following crimes:

Regulations on illegal transportation of goods and currency across borders

Specifically; A may be prosecuted for penal liability for the crime of illegally transporting goods; and currency across the border as specified in Article 189 of the 2015 penal code (amended and supplemented in 2017) as prescribed as follows: 

Specifically, committing the crime in cases where illegal goods values VND 500,000,000 or more, the offenders shall be subject to a fine of between VND 1,000,000,000 and 3,000,000,000 or a prison term of between 05 years and 10 years.

Accordingly, A has committed an act of bringing $50,000 to Laos. This act of A is illegal. The penalty that A must bear can be a fine of from VND 1,000,000,000 to VND 3,000,000,000 or imprisonment. From 5 to 10 years. In addition, A may also be subject to a fine of between VND 10,000,000 and 50,000,000, a ban from holding certain posts, practicing certain professions, or doing specific jobs for one to five years. 

Regulations on the crime of illegal drug trafficking

Foreigners commit crimes in the territory of Vietnam

Besides, A may be for penal liability for the crime of illegally trading in narcotics specified in Article 251 of the Penal Code 2015 (amended and supplemented in 2017) as follows:

Clause 1:

Those who illegally trade in narcotics shall be sentenced to between 02 and 07 years of imprisonment.

Clause 2:

Committing the crime in the following circumstances, the offenders shall be between 07 and 15 years of imprisonment:

a) Organized;

b) Committing the crime twice or more;

c) Trading with 02 people or more;

d) Abusing positions and powers;

dd) Taking advantage of the name of an agency or organization also;

e) Using people under 16 years old to commit crimes or selling drugs to people under 16 years old;

g) Opium resin, marijuana resin, or coca extract weighing between 500 grams and under 1 kilogram;

h) Heroine, cocaine, Methamphetamine, Amphetamine, MDMA weighing between 05 grams and under 30 grams;

i) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing between 10 kilograms and under 25 kilograms also;

k) Dried poppy fruit weighing between 50 kilograms and under 200 kilograms;

l) Fresh poppy fruit weighing between 10 kilograms and under 50 kilograms;

m) Other narcotic substances in solid form weighing between 20 grams and under 100 grams;

n) Other narcotic substances in liquid form with a volume from 100 milliliters to less than 250 milliliters;

o) Having 02 or more narcotic substances whose total quantity is equivalent to the number of narcotic substances specified at one of the points from a to n of this Clause;

p) Dangerous recidivism.

See more

Legal Regulations for foreigners in Vietnam

Can foreigners hold dual citizenship?

Clause 3:

Foreigners commit crimes in the territory of Vietnam

Committing the crime in one of the following circumstances, the offenders shall be between 15 and 20 years of imprisonment:

a) Opium resin, marijuana resin, or coca extract weighing between 01 kilograms and under 05 kilograms;

b) Heroin, cocaine, Methamphetamine, Amphetamine, MDMA weighing between 30 grams and under 100 grams;

c) The cannabis plant’s leaves, roots, stems, branches, flowers, fruits, or leaves weigh between 25 kilograms and under 75 kilograms;

d) Dried poppy fruit weighing between 200 kilograms and under 600 kilograms;

dd) Fresh poppy fruit weighing between 50 kilograms and under 150 kilograms;

e) Other narcotic substances in solid form weighing between 100 grams and under 300 grams;

g) Other narcotic substances in liquid form with a volume from 250 milliliters to less than 750 milliliters;

h) Having 02 or more narcotic substances whose total quantity is equivalent to the number of narcotic substances specified at one of the points from a to g of this Clause.

Clause 4:

Committing the crime in one of the following circumstances, the offenders shall be sentenced to 20 years’ imprisonment, life imprisonment, or capital punishment:

a) Opium resin, cannabis resin, or coca extract weighing 5 kilograms or more;

b) Heroin, cocaine, Methamphetamine, Amphetamine, MDMA weighing 100 grams or more;

c) Leaves, roots, stems, branches, flowers, fruits of the cannabis plant or coca leaves weighing 75 kilograms or more also;

d) Dried poppy fruit weighing 600 kilograms or more;

dd) Fresh poppy fruit weighing 150 kilograms or more;

e) Other narcotic substances in solid form weighing 300 grams or more also;

g) Other narcotic substances in liquid form with a volume of 750 milliliters or more;

h) Having 02 or more narcotic substances whose total quantity is equivalent to the number of narcotic substances specified at one of the points from a to g of this Clause.

Clause 5:

The offenders may also be subject to a fine of from VND 5,000,000 to VND 500,000,000, a ban from holding specific posts, practicing certain professions, doing certain jobs for 1 to 5 years, or having part or all of all confiscated. 

Accordingly, A has committed an act of illegally trading drugs with B. The level of punishment that A must bear depends on the level of behavior and the volume of heroin that A has sold.

From the above grounds, the Court will decide on penalties for each crime separately, then synthesize the penalties of the judgments that A has to suffer into a standard penalty specified in Article 56 of the Penal Code. 

Finally, hope this article about foreigners commit crimes in the territory of Vietnam is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions

Who is a foreigner?

Foreigner means a person with nationality of another country who is working, studying, working or living in the territory of the Socialist Republic of Vietnam.

What is crime?

Crime is an act that is dangerous to society and subject to penalties according to the provisions of the penal code.

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