Regulations of Vietnamese law on the crime of bringing people illegally across the border

The act of bringing people illegally across the border is a common practice recently, the media mentions the situation of illegal people crossing the border a lot, especially the situation of covid 19 happening everywhere. So what is the legal regulation on the crime of bringing people illegally across the border? The following article by Lawyer X will answer your questions. Hope this article brings many useful things to readers.

Legal grounds

Penal Code 2015 was amended and supplemented in 2017

What is the act of bringing people illegally across the border?

The act of bringing people into the country illegally is expressed in the following forms:

• Bringing foreigners across Vietnam’s border without permission.
• Helping, harboring, concealing, and facilitating other people’s entry.
• Illegal entry into the Vietnamese border.

Depending on the type of behavior, the level of punishment will also increase or decrease according to the dangerous nature as well as the level of behavior.

What is illegal border crossing?

Illegal border crossing is an act of crossing national borders without completing exit and entry procedures by the law. Usually, when a person wants to go to a certain country, he will need to go through immigration procedures and get the approval of the authorities. A person crossing the border illegally can have unpredictable consequences for the country where the person crosses the border and from. That has happened in Vietnam in recent months, when the situation of the Covid-19 epidemic was complicated, many people voluntarily crossed the border to return home, spreading the disease to some localities.

This behavior often occurs at land borders, places with dense and rugged terrain adjacent to the three countries of Laos, China, and Cambodia.

What is the punishment for bringing people illegally across the border?

Handle administrative violations

According to Article 18 of Decree 144/2021/ND-CP dated December 31, 2021, as follows:

• Acts of crossing national borders without completing exit and entry procedures as prescribed by law (A fine of between VND 3,000,000 and 5,000,000)
• Besides, acts of using fake passports, fake passports, papers with international travel value; fake papers issued to foreigners entering, exiting, or residing in Vietnam, or fake ABTC cards (A fine of between VND 5,000,000 and 10,000,000);
• Acts of forging dossiers and papers to obtain passports; passports, papers with international travel value; papers issued to foreigners entering, exiting, and residing in Vietnam or ABTC cards (A fine of from 15,000,000 VND to 20,000,000 VND);

So, acts of forging passports, travel documents, papers of international travel value; papers issued to foreigners entering or residing in Vietnam, or ABTC cards (A fine of between VND 30,000,000 and 40,000,000);

In addition to the above-mentioned fines, for committing the acts specified at Point a, Clause 4, and Point a Clause 7, the violators shall also have the material pieces of evidence and means of administrative violations confiscated.

Handling criminal violations

In cases where they are subject to criminal penalties, the highest penalty that the offenders who commit the crime of organizing or brokering for others to illegally exit, enter or stay in Vietnam will sentence to up to 15 years in prison according to regulations. Article 348 of the 2015 Penal Code is as follows:

Article 348. Crime of organizing or brokering for others to illegally exit, enter or stay in Vietnam

1. Those who organize or broker for others to illegally exit, enter or stay in Vietnam for personal gain shall be subject to a penalty of between 01 and 05 years.

2. Committing the crime in one of the following circumstances, the offenders shall sentence to 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;

đ) 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 sentence to 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 certain posts, practicing certain professions, or doing certain jobs for 1 to 5 years.

In addition, if this behavior leads to the spread of COVID-19 acute respiratory infection, this person will also penalized according to Article 240 of this Code as follows:

Article 240. Crime of spreading dangerous infectious diseases to humans

1. Those who commit one of the following acts, causing the spread of dangerous infectious diseases to humans, shall be subject to a fine of between VND 50,000,000 and 200,000,000 or a prison term of between 01 and 05 years.

a) Bringing out or allowed to take out of the epidemic areas of animals, plants, animal and plant products, or other articles capable of transmitting dangerous diseases to humans unless otherwise provided for by law. other determination;

b) Bringing into or allowing the introduction into the Vietnamese territory of animals, plants, or animal and plant products that infected with or carry dangerous pathogens capable of transmitting to humans;

c) Other acts of spreading dangerous diseases to people.

2. Committing the crime in one of the following circumstances, the offenders shall sentence to between 5 and 10 years of imprisonment:

a) Resulting in the announcement of the epidemic falling under the authority of the Chairman of the Provincial People’s Committee or the Minister of Health;

b) Causing death.

3. Committing the crime in one of the following circumstances, the offenders shall sentence to between 10 and 12 years of imprisonment:

a) It leads to the announcement of the epidemic falling under the Prime Minister’s authority;

b) Causing the death of 02 or more people.

4. The offenders may also be subject to a fine of between VND 20,000,000 and 100,000,000, a ban from holding certain posts, practicing certain professions, or doing certain jobs for one to five years.

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