Yes. Organizing or brokering another person’s illegal exit, entry, or stay in Vietnam — where all elements of the offense are present — is prosecuted under Article 348 of the 2015 Penal Code (consolidated text, as amended by Laws 12/2017/QH14, 59/2024/QH15 and 86/2025/QH15; Article 348 was not amended by Law 86/2025). Below are the constitutive elements, the sentencing frames, and the boundary with administrative sanctions.
1. The offense and its mandatory element: “for profit” (Article 348)
Article 348 establishes the “crime of organizing or brokering illegal exit, entry, or stay in Vietnam for others”. The mandatory element at Clause 1 is that the act be committed “for profit” — i.e. motivated by obtaining an unjustified material or non-material benefit. The meaning of “for profit” is guided by Section 2.8 of Official Letter 1557/VKSTC-V1 (2021) of the Supreme People’s Procuracy (guidance on Articles 347, 348 and 349).
“Organizing or brokering” also covers forms of assistance such as instigating, harboring, concealing, or facilitating another person’s illegal entry/exit or stay in Vietnam — but criminal liability only arises where the profit motive and the other elements of the offense are proven.
Note: the “for profit” element — especially non-material profit — must be clearly proven in each specific case. Not every instance of helping someone enter illegally automatically constitutes a crime.
2. Sentencing frames (Article 348)
| Clause | Circumstances | Sentence |
|---|---|---|
| Clause 1 | Organizing/brokering for profit (basic offense) | 01 to 05 years’ imprisonment |
| Clause 2 | Abusing position or authority; repeat offense (2+ times); 05–10 persons involved; professional nature; illicit gains of VND 100 million to under 500 million; dangerous recidivism | 05 to 10 years’ imprisonment |
| Clause 3 | 11 or more persons; illicit gains of VND 500 million or more; causing death | 07 to 15 years’ imprisonment |
| Clause 4 (supplementary) | Applied alongside the principal penalty | Fine of VND 10,000,000 to VND 50,000,000, or prohibition from holding positions, practicing a profession, or doing certain work for 01 to 05 years |
3. Below the criminal threshold: administrative sanctions
Organizing or brokering (including assisting, instigating, harboring, concealing, or facilitating) another person’s illegal exit, entry, or stay in Vietnam, where the conduct does not reach the level of criminal prosecution, is sanctioned administratively under Point d, Clause 9, Article 21 of Decree 282/2025/ND-CP:
- Individuals: a fine of VND 30,000,000 to VND 40,000,000;
- Organizations: twice the individual fine (Clause 2, Article 5 of Decree 282/2025) — i.e. VND 60,000,000 to VND 80,000,000.
Note: the boundary of “not reaching criminal prosecution” depends on the assessment of the procedural authorities in each specific case (presence or absence of the profit motive, number of persons, amount of illicit gains, etc.). There is no rigid formula for all cases — this article only presents the two tiers: criminal and administrative.
4. How is the illegally entering foreigner handled?
The person brought into Vietnam illegally is sanctioned administratively under Article 21 of Decree 282/2025/ND-CP:
- Entering, working, or engaging in other activities without permission: a fine of VND 15,000,000 to VND 20,000,000 (Point a, Clause 6, Article 21), plus possible supplementary deportation;
- Using forged documents to enter: a fine of VND 20,000,000 to VND 25,000,000 (Clause 5a, Article 21).
5. Distinguishing Articles 347 and 349 (for reference)
- Article 347 — applies to the person directly exiting, entering, or staying in Vietnam illegally who re-offends after an administrative sanction for the same conduct: a fine of VND 5,000,000 to VND 50,000,000 or 06 months to 03 years’ imprisonment;
- Article 349 — “organizing or brokering for others to flee abroad or stay abroad illegally”: directed outward from Vietnamese territory, unlike Article 348 (directed into Vietnam).
Need advice on criminal or administrative risks in immigration matters, or defense in a related case? Contact FLAT Law Firm for support.
For reference only; not legal advice. Whether conduct constitutes a crime is determined by the procedural authorities in each specific case.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.