What is the penalty for transporting prohibited goods? Will I be prosecuted?

Reply: The crime of transporting prohibited goods is one of the crimes that violate economic management order as stipulated in the Penal Code. Individuals and organizations that transport goods prohibited by the State will be strictly handled according to regulations.

Article 191 of the 2015 Penal Code, amended in 2017, stipulates that individuals and commercial legal entities storing or transporting prohibited goods may be prosecuted for the crime of storing or transporting prohibited goods with the following penalties:

Main penalty:

- Frame 01:

Fine from 50 - 300 million VND or imprisonment from 06 months - 03 years if storing or transporting prohibited goods in the following cases:

+ Plant protection drugs that the State prohibits from trading, circulation, or use from 50 kg to under 100 kg or from 50 to under 100 liters;

+ Smuggled cigarettes from 1,500 - under 3,000 packs;

+ Fireworks from 06 kg - under 40 kg;

+ Other goods that the State prohibits from circulation, trading, or using, with a value of 100 to under 300 million VND or illegal profits of 50 to under 200 million VND;

+ Goods not yet permitted for circulation or use in Vietnam, valued from 200 to under 500 million VND or illegal profits from 100 to under 300 million VND;

+ Goods below the above prescribed level but have been administratively sanctioned or convicted of one of the following crimes: Smuggling, Illegal transportation of goods, currency across the border..., have not had their criminal records cleared and continue to violate.

- Frame 02:

Fine from 300 million to 1 billion VND or imprisonment from 02 to 05 years if committing a crime in one of the following cases:

+ Organized;

+ Abuse of position and power;

+ Taking advantage of the name of an agency or organization;

+ Professional;

+ Plant protection drugs that the State prohibits from trading, circulation, or use from 100 to under 300 kg or from 100 to under 300 liters;

+ Smuggled cigarettes from 3,000 packs - under 4,500 packs;

+ Fireworks from 40 - under 120 kg;

+ Other goods that the State prohibits from trading, circulation, or use, with a value of 300 to under 500 million VND or illegal profits of 200 to under 500 million VND;

+ Goods not yet permitted for circulation or use in Vietnam, valued from 500 million to under 1 billion VND, or illegal profits from 300 to under 700 million VND;

+ Cross-border transportation, except for smuggled cigarettes;

+ Dangerous recidivism.

- Frame 03:

+ Plant protection drugs that are banned from trading, circulation, or use in quantities of 300 kg or more or 300 liters or more;

+ Smuggled cigarettes 4,500 packs or more;

+ Fireworks of 120 kilograms or more;

+ Other goods banned from trading, circulation, or use with a value of VND 500 million or more or illegal profits of VND 500 million or more;

+ Goods not yet permitted for circulation or use in Vietnam, valued at VND 1,000,000,000 or more, or illegal profits of VND 700,000,000 or more.

- Additional penalties:

Offenders may also be fined from 10 to 50 million VND, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

- A fine of 300 million to 1 billion VND shall be imposed on a legal entity committing a crime in one of the cases specified in Clause 1, Article 191 of the Penal Code;

- A fine of 1 - 3 billion VND shall be imposed on a legal entity committing a crime in one of the cases specified in points a, d, đ, e, g, h, i, k and l, Clause 2, Article 191 of the Penal Code;

- Fine from 3 to 5 billion VND or suspension of operation for a period of 6 months to 3 years if the crime falls under the provisions of Clause 3, Article 191 of the Penal Code.

- Permanently suspended from operation if committing a crime under the provisions of Article 79 of the Penal Code: Committing a crime that causes damage or has the actual potential to cause an environmental incident or negatively affects security, order, and social safety, even causing damage to the lives of many people.

In addition, commercial legal entities may also be fined from 50 to 200 million VND, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 to 03 years.