Provisions on handling of illegal crossing the border

by DungTran

Illegally crossing the border to enter Vietnam is a painful issue in the context of the Covid-19 epidemic for more than a year. However, this is not a new problem that has been existing for many years. Vietnamese law also has specific regulations on handling this issue, but the control and handling still face many difficulties. Provisions on handling of illegal crossing the border. Let us find out about this article with LSX Law firm:

Legal grounds:

– Penal Code 2015, amendments and supplements 2017

– Decree 167/2013/ND-CP stipulating administrative sanctions in the field of security; social order, and safety dated November 12, 2013, issued by the Government

What is illegal crossing the border?

Illegal crossing the border is crossing national borders without completing entry and exit procedures under the law.

Provisions on handling of illegal crossing the border

For acts of illegal crossing the border

Accordingly Point, Clause 3, Article 17 of Decree 167/2013/ND-CP stipulating acts of crossing national borders without completing exit and entry procedures as prescribed; shall be administratively sanctioned from 3 million VND dong to 5 million dongs. 

For those who organize of illegal crossing the border

For those who organize others to illegally cross the border out of Vietnam; stay abroad illegally may be prosecuted for penal liability according to Article 349 of the 2015 Penal Code. Specifically as follows:

“1. Those who organize or broker for other people to escape abroad or stay abroad illegally; if not falling into the cases specified in Article 120 of this Code; shall be sentenced to between 01 and 05 years of imprisonment.

2. Committing the crime in one of the following circumstances; the offenders shall be subject to a fine between 5 and 10 years of imprisonment:

a) Abusing positions and powers;

b) Committing the crime twice or more;

c) Against from 5 to 10 people;

d) Being of a professional nature;

dd) Gaining illicit profits from VND 100,000,000 to under VND 500,000,000;

e) Dangerous recidivism.

3. Committing the crime in one of the following circumstances; the offenders shall be subject to a fine of between 07 and 15 years of imprisonment:

a) Against 11 or more people;

b) Gaining illicit profits of VND 500,000,000 or more;

c) Causing death.

4. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000 or a ban from holding specific posts; practicing certain professions or doing certain jobs for one to five years.” 

Complex problems in the illegal border crossing into Vietnam?

Accordingly Vietnamese law, sanctions for illegal entry and illegal border crossing do not seem to be enough of a deterrent. In Vietnam, the number of illegal entry cases being prosecuted for criminal liability is scarce, mainly for administrative violations. Along with regulations on the relatively light administrative penalties when the fines ranged from 3 million to 25 million dongs; illegal entry and illegal border crossing took place frequently. Especially when Vietnam’sVietnam’s border is long; adjacent to three different countries; people who illegally enter and cross the border illegally can find many trails and openings to enter Vietnam without trafficked. Detect.

Thereby, it can be seen that, from the provisions of Vietnamese law on handling people entering the country; illegally crossing the border to the practical implementation; there are still many difficulties in the application of legal regulations because the Determining whether a person has been sanctioned for an administrative violation or not is not easy when these subjects will go on different trails; open errors, through different provinces each time they illegally enter Vietnam. Therefore, criminal prosecution is complicating without a data system connecting provinces and cities to statistics and track those who administratively handled. 

Proposing to change the level of the illegal crossing the border into Vietnam?

The need to increase administrative penalties for illegal entry and illegal border crossing acts because the current low administrative sanction is not enough deterrence.

The reality has proved this when the acts of illegal entry, organization, brokerage; illegal border crossing occur very often and are common even though there have been previous cases of fines. In the context that the whole country is struggling to control the Covid-19 epidemic; many people defy the law and continue to violate immigration regulations.

Besides, Amendment of regulations on offenses against regulations on exit and entry; Crime of staying in Vietnam illegally in Article 347 of the Penal Code 2015 and provisions on illegal border crossing in Article 249 of the Penal Code in the direction based on the level of danger and consequences of the behavior to society. Regardless of the number of administrative penalties.

In addition, the Penal Code needs to estimate and supplement situations that can cause dangerous consequences to society arising from illegal entry and illegal border crossing as a necessary element in terms of customers. Of crime. At the same time, we believe it is necessary to prescribe additional penalties for confiscating illicit profits from illegal immigration and border crossing activities.

Finally, hope this article is helpful for you!

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

 Related questions

What is border?

In general, a border or national boundary is a line that delimits the territory or territorial sea of one country with another contiguous country, or with international waters.

What is a violation of the law?

Violating the law is an illegal act, committed by a competent subject, which infringes on social relations protected by law. An act is determined to be a violation of the law when it fully meets the following factors: + Is an illegal act + There is an error element; + Due to the subject having full legal capacity, capable of taking legal responsibility according to the provisions of law. The act violates the social relations protected by law.

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