Offense of Smuggling
Article 188 of the 2015 Criminal Code provides for the offense of smuggling as follows:
1. Any person who illegally trades goods, Vietnamese currency, foreign currencies, precious metals, or gemstones across the border or between a non-tariff zone and the domestic market or vice versa, with a value from VND 100,000,000 to under VND 300,000,000, or under VND 100,000,000 but falling under one of the following circumstances, shall be liable to a fine of between VND 50,000,000 and VND 300,000,000 or a prison term of between 06 months and 03 years:
a) The offender has previously been administratively sanctioned for acts prescribed 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 offenses and has not had the conviction expunged, but continues to commit the violation;
b) The contraband consists of relics or antiques.
2. The offender shall be liable to a fine of between VND 300,000,000 and VND 1,500,000,000 or a prison term of between 03 years and 07 years if the offense falls under one of the following circumstances:
a) Organized commission of the offense;
b) Committed in a professional manner;
c) The contraband is valued from VND 300,000,000 to under VND 500,000,000;
d) Illegal profits earned amount from VND 100,000,000 to under VND 500,000,000;
đ) The contraband is a national treasure;
e) Abuse of position or power;
g) Abuse of the name of an agency or organization;
h) The offense is committed two or more times;
i) Dangerous recidivism.
3. The offender shall be liable to a fine of between VND 1,500,000,000 and VND 5,000,000,000 or a prison term of between 07 years and 15 years if:
a) The contraband is valued from VND 500,000,000 to under VND 1,000,000,000;
b) Illegal profits earned amount from VND 500,000,000 to under VND 1,000,000,000.
4. The offender shall be liable to a prison term of between 12 years and 20 years if:
a) The contraband is valued at VND 1,000,000,000 or more;
b) Illegal profits earned amount to VND 1,000,000,000 or more;
c) The offense is committed by taking advantage of war, natural disasters, epidemics, or other particularly difficult circumstances.
5. The offender may also be subject to an additional fine of between VND 20,000,000 and VND 100,000,000, prohibition from holding certain positions, practicing certain professions, or performing certain jobs for 01 to 05 years, or confiscation of part or all of their property.
6. A commercial legal entity committing this offense shall be subject to the following penalties:
a) If committing the acts specified in Clause 1 of this Article with goods, Vietnamese currency, foreign currencies, precious metals, or gemstones valued from VND 200,000,000 to under VND 300,000,000; goods valued under VND 200,000,000 that are relics or antiques; or goods, Vietnamese currency, foreign currencies, precious metals, or gemstones valued from VND 100,000,000 to under VND 200,000,000 but the entity has previously been administratively sanctioned for acts prescribed in this Article or in one of Articles 189–196 and 200 of this Code, or has been convicted of one of these offenses and has not had the conviction expunged, then it shall be subject to a fine of between VND 300,000,000 and VND 1,000,000,000;
b) If falling under one of the circumstances specified in Points a, b, c, d, đ, h, and i Clause 2 of this Article, a fine of between VND 1,000,000,000 and VND 3,000,000,000 shall apply;
c) If falling under the circumstances specified in Clause 3 of this Article, a fine of between VND 3,000,000,000 and VND 7,000,000,000 shall apply;
d) If falling under the circumstances specified in Clause 4 of this Article, a fine of between VND 7,000,000,000 and VND 15,000,000,000 or suspension of operation for a period of between 06 months and 03 years shall apply;
đ) If falling under the circumstances specified in Article 79 of this Code, the entity shall be permanently suspended from operation;
e) The commercial legal entity may also be subject to an additional fine of between VND 50,000,000 and VND 300,000,000, prohibition from conducting business, engaging in certain sectors, or raising capital for 01 to 03 years.
Legal grounds:
– Article 188 of the 2015 Criminal Code.
– Points a and b, Clause 38, Article 1 of the Law Amending the Criminal Code 2017.
