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HOW WILL SMUGGLING BE HANDLED UNDER THE LAW?

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Table of Contents

1. What is smuggling?

2. Penalties for smuggling according to the Penal Code

2.1 Penalties for individuals

2.2 Penalties for legal entities

1. What is smuggling?

According to Article 188 of the Penal Code 2015, amended and supplemented in 2017: “Smuggling is the act of illegally trading goods, Vietnamese money, foreign currencies, precious metals, and gemstones across borders or from non-tariff zones into the inland, or vice versa.

2. Penalties for smuggling as prescribed by the Penal Code

2.1 Penalties for individuals

“1. Any person who conducts deals in the following goods across the border or between a free trade zone and the domestic market against the law shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 06 – 36 months’ imprisonment:

a) Goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 100,000,000 to under VND 300,000,000 or under VND 100,000,000 but the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged, except for the case specified in Article 248, 249, 250, 251, 252, 253, 254, 304, 305, 306, 309 and 311 hereof;

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

2. This offence committed in any of the following cases shall carry a fine of from VND 300,000,000 to VND 1,500,000,000 or a penalty of 03 – 07 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The illegal goods are assessed at from VND 300,000,000 to under VND 500,000,000;

d) The illegal profit reaped is from VND 100,000,000 to under VND 500,000,000;

dd) The illegal goods are national treasure;

e) The offence involves the abuse of the offender’s position or power;

g) The offence is committed in the name of an agency or organization;

h) The offence has been committed more than once;

i) Dangerous recidivism.

3. This offence committed in any of the following cases shall carry a fine of from VND 1,500,000,000 to VND 5,000,000,000 or a penalty of 7 – 15 years’ imprisonment:

a) The illegal goods are assessed at from VND 500,000,000 to under VND 1,000,000,000;

b) The illegal profit reaped is from VND 500,000,000 to under VND 1,000,000,000.

4. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment:

a) The illegal goods are assessed at VND 1,000,000,000 or over;

b) The illegal profit reaped is VND 1,000,000,000 or over;

c) The offender takes advantage of a war, natural disaster, epidemic, or other extreme hardship to commit the offence.

5. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 , be prohibited from holding certain positions or doing certain works for 01 – 05 years, or have all or part of his/her property confiscated.”

2.2 Penalties for commercial legal entities

“6. Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

a) A corporate legal entity that commits any of the offences specified in Clause 1 of this Article shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000 if the smuggled items are goods, Vietnamese currency, foreign currencies, rare metals, gemstones assessed at from VND 200,000,000 to under VND 300,000,000 or relics, antiques, or items of historical or cultural values despite the fact that the offender previously incurred a civil penalty for the same offence or any of the offences specified in Article 189, 190, 191, 192, 193, 194, 195, 196 and 200 hereof, or the offender has a previous conviction for one of the aforementioned offences which has not been expunged, except for the case specified in Point d of this Clause;

b) A corporate legal entity that commits this offence in the case specified in Clause 2 of this Article shall be liable to fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) A corporate legal entity that commits this offence in the case specified in Clause 3 of this Article shall be liable to a fine of from VND 3,000,000,000 to VND 7,000,000,000;

d) A corporate legal entity that commits this offence in the case specified in Clause 4 of this Article shall be liable to a fine of from VND 7,000,000,000 to VND 15,000,000,000 or has its operation suspended for 06 – 36 months;

dd) A corporate legal entity that commits this offence in the case specified in Article 79 hereof shall be permanently shut down;

e) The violating entity might also be liable to a fine of from VND 50,000,000 to VND 300,000,000, be prohibited from operating in certain fields or raising capital for 01 – 03 years.”