WHAT IS THE PUNISHMENT FOR ILLEGAL ENTRY DURING THE EPIDEMIC SEASON?

If foreigners illegally enter Vietnam, especially in the period when the Covid-19 epidemic is a threat to the world, how can they be sanctioned? Thanks.

FDVN’s opinions:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

 [1] Legal provisions on illegal entry

- Legal provisions on administrative sanctions:

According to Clauses 3 and 9, Article 17 of Decree No. 167/2013/ND-CP it is stipulated that:

“3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Crossing national border without entry or exit procedures as prescribed;

…

9. Foreigners who have acts of administrative violation specified in Clause 1,2, 3, 4, 5 and 6 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam"

Therefore, for the act of foreigners illegally entering Vietnam, they can be administratively sanctioned with the amount from VND 3,000,000 to VND 5,000,000. Also, foreigners who illegally enter Vietnam may be subject to the penalty of deportation from Vietnam.  

- Legal provisions on criminal prosecution:

According to Article 347 of the Penal Code 2015, amended in 2017:

“Article 347. Offenses against regulations of law on immigration; illegal stay in Vietnam

Any person who illegally enters exits Vietnam or stays in Vietnam despite the fact that he/she has incurred an administrative penalty for the same offense shall be liable to a fine of from VND 5,000,000 to VND 50,000,000 or face a penalty of 06 - 36 months' imprisonment.”

Thus, for the act of repeatedly and illegally entering Vietnam, the foreigner who has been administratively sanctioned as the provisions mentioned above can be fined from VND 5,000,000 to VND 50,000,000 or bear a penalty of 06 - 36 months' imprisonment.

[2] Legal provisions on illegal entry during the epidemic:

According to Notice No. 118/TB-VPCP dated March 21, 2020, providing the conclusion of Prime Minister Nguyen Xuan Phuc at the government's standing meeting on COVID-19 prevention and control:

“Suspend entry of all foreigners into Vietnam from 12 a.m. of March 2020. The Ministry of National Defense or the Ministry of Public Security shall take charge and cooperate with the Ministry of Foreign Affairs, the Ministry of Health and relevant authority in granting visas for entry of foreigners for diplomatic or official purposes and in special situations (foreigners participating in or serving important diplomatic activities; experts, enterprise managers, highly skilled workers, etc.), enforce mandatory health declaration in a separate area and home quarantine as per regulations. Diplomatic missions in Vietnam shall make a commitment to maintaining health monitoring of their citizens during their stay in Vietnam.”

According to Directive No. 19/CT-TTg dated April 24, 2020, there is an instruction: “The Ministry of National Defense, the Ministry of Public Security, the Ministry of Foreign Affairs shall maintain entry restrictions; all inbound travelers shall be quarantined as per regulations.”

Therefore, nowadays, the epidemic in the world still very complicated, Vietnam continues to implement measures to prevent the COVID-19 epidemic under the direction of the Prime Minister with "dual tasks", both economic development and COVID-19 epidemic prevention.

For the act of illegal entry during the epidemic, people who illegally enter Vietnam will be administratively sanctioned, apply the form of deportation from the territory of the Socialist Republic of Vietnam, and maybe prosecuted for criminal liability according to regulations mentioned legal regulations. At the same time, according to Notice No. 118/TB-VPCP, after detecting an illegal entry (or any case), centralized isolation will be applied to ensure the control of the disease in the country. Those who do not comply with quarantine, do not report and assist the others to evade the isolation will be severely dealt with.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm

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