Illegal Entry is one of the burning problems in the context of the current Covid-19 epidemic. What is illegal Entry into Vietnam? Regulations on handling illegal Entry? 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 Entry into Vietnam?
In general, illegal Entry is an act from outside the border of Vietnam into Vietnam; contrary to the regulations on Entry of the State of the Socialist Republic of Vietnam.
Laws on handling illegal Entry into Vietnam?
Illegal Entry into Vietnam
The danger of illegal Entry and the number of violations to apply appropriate sanctions can be administratively sanctioned or prosecuted for criminal liability.
Administrative penalties:
Article 17 of Decree 167/2013/ND-CP stipulates:
Accordingly, persons who cross national borders without carrying out exit and entry procedures; will be subject to a fine of between 3 million and 5 million dong.
In addition, foreigners who enter without permission of competent authorities of Vietnam will be subject to a fine from 15 million VND to 25 million VND.
Accordingly, foreigners who enter without permission of competent Vietnamese authorities enter Vietnam even though they are not eligible for Entry and have not been licensed to enter Vietnam. For example, no visa, or yes, but those are fake timesheets.
In addition, if a foreigner has illegal Entry, depending on the seriousness of the violation; he may be subject to a penalty of expulsion out of Vietnam.
Criminal handling:
Article 347 of the Penal Code 2015 amended and supplemented in 2017 stipulates:
Those who illegally exit or enter Vietnam or stay in Vietnam illegally; have been administratively sanctioned for this act but continue to commit it; shall be subject to a fine of between VND 5,000,000 and 50,000,000 or imprisonment for 6 months to 3 years”.
Accordingly, criminal prosecution only occurs when an illegal entry administratively sanctioned but continues to violate. Thus, if an illegal entry is handled for the first time, even if it leads to dangerous consequences for society; it is not enough to prosecute criminal responsibility for this crime but only administratively sanctioned.
Organizing illegal Entry into Vietnam
The illegal Entry cannot happen smoothly without the help of organizers and brokers who understand the domestic situation with careful calculations in every move and move. This behavior poses a potential danger to the security situation and social order if repeated many times, with many people illegally entering the country without detected in time.
The legal responsibility prescribed by Vietnamese law for illegal Entry of organizations and brokers is stricter and heavier than illegal Entry. Persons who organize, guide, or broker for other people to enter Vietnam may be administratively sanctioned; or subject to criminal liability.
Administrative penalties:
Accordingly, Point đ, Clause 6, Article 17 of Decree No. 167/2013/ND-CP stipulating that those who organize, guide, or broker for other people to exit or enter Vietnam illegally will be subject to a fine from 30,000 000 – 40,000,000 VND.
Criminal handling:
Article 348 of the 2015 Penal Code stipulates:
Firstly, 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.
Secondly, 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.
Moreover, committing the crime in one of the following circumstances, the offenders shall be subject to a fine 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.
Furthermore, 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.”
Accordingly, the organization that allows others to enter Vietnam illegally is as an act of enticing, enticing, facilitating, or arranging for other people to enter Vietnam without the approval of the competent authority of Vietnam. Brokering for other people to illegally enter Vietnam is as intermediation between parties to arrange for other people to enter Vietnam without the approval of the competent authority of Vietnam.
The subjective aspect’s mandatory element needs to prove that the offender committed the crime with intentional error and self-seeking purposes.
Finally, hope this article is helpful for you!
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Related questions
Sanctioning of administrative violations is a specific administrative coercive activity of state power arising when there is an administrative violation, manifested in the application of administrative sanctions implemented by competent entities.
As can be seen, criminal liability is a form of legal liability, including: the obligation to be under the influence of criminal prosecution, to be convicted, to bear coercive measures of criminal responsibility (penalty), judicial measures) and carry criminal convictions
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