Law

Nghe An strengthens efforts to prevent illegal entry and residence.

Gia Huy July 21, 2024 18:01

In recent years, Nghe An province has implemented numerous policies to attract foreign investment, establishing industrial zones and developing tourism. As a result, the number of foreigners visiting the province has increased significantly for various purposes (investment, cooperation, employment, tourism, education, visiting relatives, medical treatment, etc.). However, the number of foreigners illegally entering Nghe An is also on the rise, posing numerous potential negative consequences.

Preventing illegal entry

According to authorities, the number of foreigners illegally entering Nghe An province has recently been increasing, using various methods such as: exploiting unofficial border crossings, using fake passports, and posing as brokerage companies, study abroad consultants, or tourism service providers to bring foreigners in through tours or visiting relatives, only to have them stay in Vietnam illegally.

Some agencies and organizations in the area recruit foreigners to work, and after granting them temporary work permits, when the work permit expires, these individuals forge work permits from competent authorities to legitimize the procedures for extending the foreigners' stay in Vietnam illegally…

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The individuals involved in the ring "Organizing illegal stays in Vietnam for illicit gain" were arrested at the Tri Le Border Guard Station (Que Phong). (Photo courtesy of Hai Thuong)

In fact, authorities have detected and prevented several cases of illegal immigration.

For example, on March 23, 2024, in the area of ​​National Highway 16, in Na Nieng village, Tri Le commune, Que Phong district, the Tri Le Border Guard Post, the Anti-Drug and Crime Prevention Department (Nghe An Border Guard Command), in coordination with the Que Phong District Police and Tri Le Commune Police, conducted patrols and inspections in the area. They discovered a group of people carrying many household items and exhibiting suspicious behavior. Upon inspection, they found 8 people of Lao nationality (4 adults and 4 children) without any identification documents or immigration papers.

Authorities have identified Xong Ba Tong (born in 1999, residing in Huoi Moi village, Tri Le commune, Que Phong district) as the person who organized the illegal stay of Lao citizens in Vietnam for illicit profit.

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Xong Ba Tong has been charged with "Organizing the illegal stay of others in Vietnam." (Photo courtesy of Hai Thuong)

According to the investigation results: previously, due to living in the Vietnam-Laos border area and having acquaintances, on March 16, 2024, Cu Tho (born in 1992), residing in Tham Khuong village, Muong Duong cluster, Muong Quan district, Hua Phan province (Laos), called Xong Ba Tong, residing in Tri Le commune, Que Phong district, to ask for help in obtaining Vietnamese identity documents for his relatives, Po Chua Tho (born in 1999) and Tau Va (born in 2004), both residing in Muong Quan district, Hua Phan province (Laos), so they could work at a rubber company in Ba Ria - Vung Tau province.

The two parties agreed that Xong Ba Tong would be paid 1,500,000 VND per set of documents.

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A view of Huoi Moi village, Tri Le commune, Que Phong district. (Photo courtesy of DT)

Following Cử Thò's instructions, Xồng Bá Tồng went home to borrow the identity cards and citizen identification cards of several relatives, photocopied them, and then went to the Tri Lễ commune People's Committee to request certification and create personal documents for Lao nationals, registering them as Vietnamese citizens so that these individuals could go to southern provinces to find work.

On the morning of March 22, 2024, Tong called Cu Tho to inform him that his personal documents were ready. Hearing this, Cu Tho and his wife, Rai Ly (born in 2024), along with their two young children (born in 2018 and 2020), and their relatives, Po Chua Tho and Tau Va (both with two young children, born in 2020 and 2022), all Lao nationals, illegally entered Vietnam via a clandestine route and stayed at Xong Ba Tong's house in Huoi Moi village, Tri Le commune.

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Border Guard officers in Nghe An province take statements from suspect Xong Ba Tong. (Photo courtesy of Anh Bach)

At approximately 2:00 AM on March 23, 2024, when Xong Ba Tong led two Lao families, totaling eight people, to Na Nieng village, Tri Le commune, to catch a bus to southern provinces of Vietnam to seek employment, they were discovered and apprehended by authorities. Subsequently, the Tri Le Border Guard Post initiated criminal proceedings for "Organizing the illegal stay of others in Vietnam," as stipulated in Article 348 of the Penal Code.

In addition, authorities also discovered several cases of illegal entry aimed at committing illegal acts that affect security and order in the area.

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The suspect, Chứ Xểnh Lầu, along with the seized evidence. Photo courtesy of Hải Thượng.

For example, on June 22, 2024, in the Huoi Poc village area, Nam Can commune, Ky Son district, the Nghe An Border Guard forces caught Chu Xenh Lau (also known as Lau Chu Xenh), born in 1975, residing in Tham Poong village, Noong Het Tay cluster, Noong Het district, Xieng Khouang province, Laos, in the act of illegally trading and transporting narcotics.

The seized items included 5 plastic bags containing approximately 1,000 pink tablets (suspected to be synthetic drugs) and one mobile phone. During questioning, Chu Xenh Lau confessed that the pink tablets were synthetic drugs (methamphetamine) being transported from across the border into Vietnam for sale, but he was apprehended at the aforementioned location.

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The suspect Vả Xênh Thò and the seized evidence. Photo courtesy of Anh Bách.

Earlier, in the early morning of June 1, 2024, in Nhot Lot village, My Ly commune, Ky Son district, functional forces also coordinated and caught red-handed Va Xenh Tho (born in 1993, residing in Huoi Pa village, Muong Duong cluster, Muong Quan district, Hua Phan province, Laos) while illegally transporting 6,000 synthetic drug pills from across the border into Vietnam for consumption.

Illegal entry or organizing illegal entry not only violates the law and border regulations, causing a loss of security and order, but also creates difficulties in state management.

Tiến sĩ, Luật sư Nguyễn Trọng Hải- Giám đốc Công ty Luật Trọng Hải và Cộng sự. Ảnh : MH
Dr. Nguyen Trong Hai, Lawyer - Director of Trong Hai & Associates Law Firm. Photo: MH

According to Dr. Nguyen Trong Hai, Director of Trong Hai & Associates Law Firm: Depending on the severity and consequences, individuals who facilitate the illegal entry and stay of others in Vietnam may face administrative penalties or criminal liability. Specifically, according to Government Decree No. 167/2013/ND-CP, the act of "organizing, facilitating, or brokering the illegal entry and exit of others from Vietnam" can be punishable by a fine of 30-40 million VND.

Regarding criminal liability: Based on Articles 347 and 348 of the 2015 Penal Code (amended and supplemented in 2017), the act of bringing others into Vietnam illegally or assisting, harboring, concealing, or facilitating others to enter or stay in Vietnam illegally... may be punishable by a fine of up to 50 million VND or imprisonment from 6 months to 15 years.

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From 2023 to the present, the authorities in Nghe An province have discovered, initiated legal proceedings, investigated, prosecuted, and tried 18 cases involving 36 defendants for the crimes of "Organizing illegal entry for others," "Organizing illegal stay in Vietnam for others," "Organizing illegal emigration," and "Organizing illegal exit for others."

Specifically, there were 2 cases involving 8 defendants charged with "Organizing illegal entry for others," 2 cases involving 2 defendants charged with "Organizing illegal stay in Vietnam for others," and 2 cases involving 5 defendants charged with "Forging official documents of organizations."

Strengthening state management

Nghe An province has a land border of 468.281 km bordering three provinces (Hua Phan, Xieng Khouang, and Bolikhamsai) of neighboring Laos and an 82 km coastline.

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Western Nghe An border area. Image from Google Maps.

As the specialized force responsible for border management and protection, the Nghe An Border Guard has implemented numerous measures to prevent illegal entry, exit, and residence. These measures include focusing on raising awareness and encouraging people on both sides of the border to comply with the Agreement on the Management of the Land Border and Border Gates between Vietnam and Laos; the Protocol on the Border Line and Border Markers between Vietnam and Laos; the Vietnamese Border Guard Law; and other legal documents concerning the management and protection of the national border.

Đồn Biên phòng Phúc Sơn phối hợp với Hội LHPN huyện Anh Sơn tổ chức chương trình phổ biến kiến thức về an ninh biên giới. Ảnh tư liệu le thach
Phuc Son Border Guard Station, in coordination with the Women's Union of Anh Son district, organized a dissemination of knowledge about border security to the people. (Photo courtesy of Le Thach)

Many effective models for preventing and combating illegal immigration have been implemented, such as the crime reporting mailbox model or self-governing groups along the border and boundary markers in villages and hamlets.

Patrol and control activities, along with coordination with functional forces to combat and strictly handle individuals and networks organizing illegal border crossings, have also been implemented closely and synchronously by border guard posts. In 2023 alone, border guard forces detected and handled 40 cases involving 53 individuals violating illegal entry and exit regulations.

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Officers and soldiers of My Ly Border Guard Post patrol and protect the border. Photo: Gia Huy

In addition, authorities in Nghe An province have intensified management, inspection, and enforcement against foreigners who illegally enter the country, reside without declaring their presence, and violate laws on residence; they have also inspected and penalized owners of establishments where foreigners reside, and individuals or organizations sponsoring or processing procedures for foreigners who fail to comply with legal regulations on declaring the entry and residence of foreigners.

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Border guards process immigration procedures for tourists at the Nam Can International Border Gate (Ky Son). Photo: Hai Thuong

Resolutely investigate and prosecute foreign nationals who violate criminal law. Strengthen inspection and management of work permit issuance for foreign nationals working in agencies, businesses, and organizations in the province. This includes the issuance, re-issuance, extension, and revocation of work permits for foreign workers teaching English at language centers; preventing cases where foreign nationals without permits or using fake work permits infiltrate and work at language centers in the province.

However, in addition to the involvement of relevant authorities, each citizen needs to raise their awareness and vigilance; they must not abet or cover up activities that facilitate the illegal entry, residence, and employment of foreigners in the province.

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Nghe An strengthens efforts to prevent illegal entry and residence.
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