Is smuggling subject to criminal prosecution or administrative fines?

Reply: The crime of smuggling is clearly defined in Article 188 of the 2015 Penal Code (amended and supplemented in 2017), accordingly:

1. Anyone who trades across the border or from a duty-free zone to the inland or vice versa in violation of the law in one of the following cases shall be subject to a fine of VND 50,000,000 to VND 300,000,000 or imprisonment of 06 months to 03 years:

a) 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 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, have not had their criminal records expunged and continue to violate, if not falling under the cases specified in Articles 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 of this Code;

b) Relics, antiques or objects of historical or cultural value.

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 VND 300,000,000 to under VND 500,000,000;

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 2 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 VND 500,000,000 to under VND 1,000,000,000.

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 property confiscated.

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

a) A commercial legal entity that commits an act 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 or relics, antiques or objects of historical or cultural value and has been administratively sanctioned for an act specified in this Article or in one of Articles 189, 190, 191, 192, 193, 194, 195, 196 and 200 of this Code or has been convicted of one of these crimes, has not had its criminal record expunged and continues to violate, except for the case specified in Point d of this Clause, shall be fined from VND 300,000,000 to VND 1,000,000,000;

b) Committing a crime under the provisions of 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 to VND 15,000,000,000 or suspension of operations for a period of from 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 or operating in certain fields or banned from raising capital from 01 to 03 years.

Since your question does not clearly state information such as product name, type, origin, quantity, weight, quality, we would like to give a general answer based on current legal regulations for your reference in your case. However, smuggling can be punished by a fine of VND 50,000,000 to VND 300,000,000 or imprisonment from 06 months to 03 years.