How is smuggling handled?

Reply:

Smuggling is understood in the simplest way as bringing goods into the Vietnamese market for consumption across the border, not through the official channel of importing through customs gates in accordance with the provisions of law.

The crime of smuggling is regulated in Article 188 of the Penal Code 2015, amended and supplemented in 2017 as follows:

“1. Anyone who illegally trades across the border or from a duty-free zone into the inland or vice versa goods, Vietnamese currency, foreign currency, precious metals, precious stones worth from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 but falls into one of the following cases, shall be subject to a fine of from VND 50,000,000 to VND 300,000,000 or imprisonment from 06 months to 03 years:

a) Having been administratively sanctioned for the acts specified in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code or having been convicted of one of these crimes, not having had the criminal record expunged, and still committing the violation;

b) The illegal object is a relic or antique.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 300,000,000 to VND 1,500,000,000 or imprisonment from 03 to 07 years:

a) Organized;

b) Professional in nature;

c) Illegal goods worth from 300,000,000 VND to under 500,000,000 VND;

d) Illegal profits from VND 100,000,000 to under VND 500,000,000;

d) The illegal object is a national treasure;

e) Abusing position and power;

g) Taking advantage of the name of an agency or organization;

h) Committing the crime 02 times or more;

i) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be subject to a fine of from VND 1,500,000,000 to VND 5,000,000,000 or imprisonment from 7 to 15 years:

a) Illegal goods worth from VND 500,000,000 to under VND 1,000,000,000;

b) Illegal profits from 500,000,000 VND to under 1,000,000,000 VND.

4. Committing a crime in one of the following cases shall be punishable by imprisonment from 12 to 20 years:

a) Illegal items worth VND 1,000,000,000 or more;

b) Illegal profits of VND 1,000,000,000 or more;

c) Taking advantage of war, natural disasters, epidemics or other particularly difficult circumstances.

5. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years, or have part or all of his/her assets confiscated.

6. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) Committing the acts specified in Clause 1 of this Article with goods, Vietnamese currency, foreign currency, precious metals, precious stones worth from VND 200,000,000 to under VND 300,000,000; goods worth less than VND 200,000,000 but are relics or antiques; Goods, Vietnamese currency, foreign currency, precious metals, precious stones worth from VND 100,000,000 to under VND 200,000,000, but have been administratively sanctioned for the acts specified in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code or have been convicted of one of these crimes, not yet had their criminal records expunged and still commit the violation, shall be fined from VND 300,000,000 to VND 1,000,000,000;

b) Committing a crime in one of the cases specified in Points a, b, c, d, dd, h and i, Clause 2 of this Article shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) Committing a crime under the provisions of Clause 3 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 7,000,000,000;

d) Committing a crime under the provisions of Clause 4 of this Article shall be subject to a fine of from VND 7,000,000,000 to15,000,000,000contract or suspension of operations for a period of 06 months to 03 years;

d) Committing a crime under the provisions of Article 79 of this Code shall result in permanent suspension of operations;

e) Commercial legal entities may also be fined from VND 50,000,000 to VND 300,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 year to 03 years".