|Illustrative image__Photo: AFP/VNA|
What penalties will be imposed on those who carry a cash amount exceeding the prescribed threshold but fail to make declaration with border-gate customs offices?
Under Article 6 of the above-mentioned Circular 15, those who enter Vietnam with a cash amount exceeding VND 15 million or USD 5,000 or its equivalent or but fail to make declaration or do make declaration but their declarations are false will, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability.
Regarding sanction levels, under Article 10 of Government Decree 128 of 2020 on sanctioning of customs-related administrative violations, persons on entry who fail to declare or fail to accurately declare the cash amount permitted to carry along when entering Vietnam may face the fine of VND 1-20 million. Meanwhile, the fine of VND 2-25 million will be imposed on those who declare a cash amount higher than the amount they actually carry upon entry.
As for penal liability, under Article 189 of the 2015 Penal Code, revised in 2017, a person who illegally transports across the border or from non-tariff areas into the inland a cash amount valued at VND 100 million or higher or valued at under VND 100 million but has been administratively sanctioned for this act or other acts such as smuggling or trading in prohibited goods will be examined for penal liability for illegally transporting goods and currencies across the border.
There are three penalty brackets for such acts.
The first penalty bracket, the lightest one, is non-custodial reform for up to two years or imprisonment of between three months and two years.
The second one, a fine of between VND 200 million and VND 1 billion or imprisonment of between two years and five years, will be imposed on those who commit the offense in one of the following cases: (i) in an organized manner; (ii) the violating objects are valued at VND 300-500 million; (iii) the violating objects are national treasures; (iv) abusing their own position and powers; (v) abusing the name of an agency or organization; (vi) committing the offense twice or more; and (vii) dangerous recidivism.
The third penalty bracket, the heaviest one, a fine of VND 1-3 billion or imprisonment of between five years and 10 years, will be applied if the violating objects are valued at over VND 500 million.
The additional penalties for such acts include a fine of VND 10-50 million, prohibition from holding certain positions or prohibition from practicing certain professions or performing certain jobs for between one year and five years.-(VLLF)