According to this document, in order to consistently implement regulations of Article 347, 348 and 349 in the Penal Code, the Supreme People’s Procuracy provides several detailed instructions as follows:
- Distinguishing the act of “Organizing or brokering illegal migration of other persons from Vietnam” (Article 348) and the act of “Organizing or brokering illegal smuggling of other persons to foreign countries" (Article 349):
+ The act of organizing or brokering illegal migration of other persons is performed for profit-seeking motives with the aim of organizing and brokering the illegal movement of persons living in Vietnam to foreign countries across borders.
+ The act of organizing or brokering illegal smuggling of other persons to foreign countries is the act of organizing or brokering the exit of other persons from the territory of Vietnam with the aim of helping them illegally flee to or stay in foreign countries.
- Using “already subject to an administrative penalty” as a factor in the trial of the crime of violation against regulations on immigration; the crime of illegal stay in Vietnam (Article 347):
As these Articles cover 03 crimes independently (illegal exit, illegal entry and illegal stay in Vietnam), the fact of “already subject to an administrative penalty for this act” is understood as “already subject to an administrative penalty for the corresponding act”.
For more details, please read the Official Dispatch No. 1557/VKSTC-V1 dated April 20, 2021.
>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE
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