Penalty up to 50 million VND when immigrants carry large amounts of foreign currency without declaration

Customs officers scaned luggages of customers in import, export or transit.

According to Circular 155/2016/TT-BTC, foreign currency brought int the country by immigrants using passport or border identity cards is based on the provisions of Decision No. 92/2000/QD-NHNN7 of March 17^th 2000 of the Governor of the State Bank. If imigrants exceed the amount of foreign currencies allowed without declaration, they will be penalised.

Specifically, in the paragraph 1, Article 3 of Decision No 92/2000/QD-NHNN7 stipulated, individuals when entering Vietnam from an other country carrying its currency or Vietnam Dong have to do Customs declarations under the provisions of Article 4 of this Decision. In particular, in the paragraph 2, individuals arriving in Vietnam carrying US dollars and other foreign currency equivalent to or above $US 3,000, or less than $US 3,000 and they wish to take that money abroad, the individuals must declare to Customs at the border gate.

Also in Article 4 of Decision No 92/2000/QD-NHNN7 it prescribes each level that individuals could carry cash specifically: In the case of entering Vietnam through the Vietnam-China border: 6,000 CNY (six thousand yuan China) and 10 million VND (ten million Vietnam). For the case through the border gates Vietnam-Laos: 3,000,000 LAK (three million Kip Lao) and 10 million VND. For the case through border gates Vietnam - Cambodia: 1,000,000 KHR (one million riel Cambodia) and 10 million VND.

Moreover, Article 5 of Decision No 92/2000 / QD-NHNN7 clarified that individuals exiting the country and carrying currency of that country which has a border with Vietnam and Vietnam Dong exceeding the allowed amount stipulated in the provisions of Article 4, or exceeding the amount on Customs declaration when doing entry formalities, they must present to border gate Customs the permits granted by the State Bank branches in border provinces or commercial bank branches in the province; Individuals carrying cash when leaving the country and Vietnam dong higher than the amount specified in Article 4 but not exceeding the amount when doing Customs declaration at the entry gate, they need to present to Customs the Customs declarations.

In Article 9 of Decree 127/2013/ND-CP, which was amended and supplemented by Decree 45/2016 / ND-CP regulating immigrants who don’t declare or declared the wrong amount of foreign currency in cash and cash in Vietnam dong, or gold that exceeds the stipulated amount, they will be fined according to the respective levels have been clearly stipulated.

Accordingly, in paragraph 1, Article 9: a minimum fine is from 1 million to 3 million for bringing in excess of the prescribed limit but the value is from 5 million to 30 million VND. The maximum fine is from 30 million VND to 50 million VND for cases that exceed the prescribed limit but the value is from 100 million Vietnam dong or more, which is not a crime.

Also in Paragraph 2, Article 9 regulates: The entry errors not reported or foreign currency in cash, Vietnam dong in cash and gold exceeding the amount specified on arrival shall be fined from 1 million to 2 million for exceeding the prescribed limit violation material evidences being valued at between 5 million and 50 million Vietnam dong; and the highest will be fined 10 million dong to 20 million dong for exceeding the prescribed limit violation material evidences being valued at between 100 million Vietnam dong or more, which is not a crime.

However, if they violate provisions of paragraph 2 of this Article foreign currency in cash, Vietnam dong in cash, or gold ha declared more than the actual amount they carry a fine of 5 million to 15 million for foreign currency in cash, Vietnam dong in cash, or gold declared more than the actual amount has a value equivalent to between 10 million and 100 million Vietnam dong; a fine of 15 million VND to 25 million VND for the case of foreign currency in cash, Vietnam dong in cash, gold has declared more than the actual amount has a value equivalent to 100 million Vietnam vnd are not crimes.

In particular, the provisions in paragraph 4, people holding a passport or border identity cards carrying foreign currencies in cash shall not be allowed to take without declaration, or making false declaration shall be fined from 5 million to 10 million in the case of violation material evidences being valued at less than 50 million in Vietnam. The maximum penalty for this behavior is between 30 million and 50 million vnd for cases of violation material evidences being valued at between 100 million Vietnam dong or more, which is not a crime.

It also specifies for those carrying precious metals, gems, negotiable instruments are required to be subject to Customs declaration when immigration without declaration or false declaration shall be fined the maximum of 50 million vnd for carrying in excess of the prescribed limit violation material evidences being valued at between 100 million Vietnam dong or more, which is not a crime.

Specific instructions to the provisions of the Decree, the Ministry of Finance issued Circular 155/2016 / TT-BTC guiding the handling of violations of regulations on Customs declaration by the immigration of foreign currency in cash, Vietnam dong in cash, negotiable instruments, gold, precious metals and gemstones are prescribed in Article 9 of the Decree.

Accordingly, in Article 10 of Circular 155/2016/TT-BTC regulations, the violations of the provisions of Article 9 of the Decree apply to people with passports, travel documents and identity cards border violations of regulations on Customs declaration or violating regulations on carrying foreign currencies in cash subject to not bring the immigration procedures. The case of bringing foreign currency in cash, Vietnam dong in cash, negotiable instruments, gold, precious metals and other precious stones across the border illegally, shall be sanctioned in accordance with the provisions of Article 12 of the Decree.

The identification of foreign currency allowed and not allowed to be brought into the country by people with passports, laissez immigration or border identity cards are based on the provisions of Decision No 92/2000 / QD-NHNN7 of 17-3-2000 of the Governor of the State Bank of carrying foreign currencies in cash, Vietnam dong in cash for individuals with passports immigration or border identity cards to determine.

Violation is valued after deducting the value of foreign currencies, gold, money Vietnam Customs declaration is not prescribed by law.

Where the violators are exiting, leaving no specific address, the Customs authorities are implementing decisions prescribed sanctions, in coordination with the Department of Foreign Affairs sent to the person through embassies or offices, consulates of countries; assigned the case to be decided not to sanction the violation material evidences handled according to paragraph 4 of Article 126 Law on Handling of Administrative Violations.