How is illegal entry into Vietnam handled?

How is illegal entry into Vietnam handled?

Depending on the severity of the illegal entry and the number of violations, appropriate sanctions will be applied, including administrative penalties or criminal prosecution.

Administrative sanctions: Pursuant to the provisions of Point a, Clause 3 and Point a, Clause 5, Article 18 of Decree 144/2021/ND-CP  regulating violations of regulations on exit, entry, visa processing, residence and re-entry as follows :

Violation of regulations on exit, entry, transit, residence and travel

...

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a) Crossing national borders without completing exit and entry procedures as prescribed by law;

....

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a) Foreigners entering, practicing or engaging in other activities in Vietnam without permission from competent authorities of Vietnam;

...

Accordingly, depending on the cases specified in the above article, people who illegally enter Vietnam can be administratively fined from 3 million to 15 million VND.

Note: The fine prescribed herein is the fine applied to administrative violations committed by individuals. For organizations committing the same violation, the fine is twice the fine applied to individuals.

Criminal handling: Pursuant to the provisions of Article 347 of the 2015 Criminal Code , the crime of violating regulations on exit and entry; the crime of staying in Vietnam illegally is defined as follows: 

Crime of violating regulations on exit and entry; crime of staying in Vietnam illegally

Anyone who illegally exits, enters, or stays in Vietnam and has been administratively sanctioned for this act but still violates it shall be fined from VND 5,000,000 to VND 50,000,000 or imprisoned from 06 months to 03 years.

Accordingly, criminal liability will only be prosecuted when an illegal entrant has been administratively sanctioned but continues to violate.

At the same time, the application of the circumstance of “having been administratively sanctioned” in this Article is guided by Section 2.2 of Official Dispatch 1557/VKSTC-V1 of 2021, effective from April 20, 2021.

Specifically, Article 347 of the 2015 Criminal Code stipulates 03 independent criminal acts (illegal exit, illegal entry, illegal stay in Vietnam), so the circumstance of “having been administratively sanctioned for this act” is understood as having been administratively sanctioned for the corresponding act.

Accordingly, depending on the level of danger of the illegal entry act and the number of violations to apply appropriate sanctions, it is possible to impose administrative sanctions or prosecute criminal liability according to the above provisions.

Do brokers who help others enter Vietnam illegally have to go to jail?

- Pursuant to the provisions of Article 348 of the 2015 Criminal Code, the crime of organizing or brokering for others to illegally exit, enter or stay in Vietnam is defined as follows:

- Anyone who, for personal gain, organizes or brokers for others to illegally exit, enter or stay in Vietnam shall be punished from 01 year to 05 years.

- Committing a crime in one of the following cases shall be sentenced to imprisonment from 05 years to 10 years:

+) Taking advantage of one's position or power;

+) Committing the crime 2 times or more;

+) Against 05 to 10 people;

+) Professional in nature;

+) Illegal profits from 100,000,000 VND to less than 500,000,000 VND;

+) Dangerous recidivism.

- Committing a crime in one of the following cases shall be punished with imprisonment from 07 years to 15 years:

+) Against 11 people or more;

+) Illegal profit of 500,000,000 VND or more;

+) Causing death.

Thus, a broker for others to illegally enter Vietnam may be prosecuted for criminal responsibility for organizing, brokering others to illegally exit, enter or stay in Vietnam with a penalty of 1 year to 15 years in prison.

In addition, the offender may also be fined from 10,000,000 VND to 50,000,000 VND or banned from holding a position, practicing a profession or doing certain jobs from 01 year to 05 years.