Smuggling and Illegal transfer of goods or money across borders are two common offences in the category of offences involving import and export of goods. These two offences share several features that sometimes make them difficult to distinguish, in particular:
- Both violate the economic management order, specifically the state management order in terms of import and export of products as well as the tax policy.
- Both offences involve the same element of unlawfully carrying goods or Vietnamese currency or foreign currency or precious metals or gemstones, across the border or from non-tariff zones to the interior or vice versa.
However, the most important element that differentiates these two offences is:
- Smuggling has the act of unlawfully trading in order to buy and resell goods for profit. Thus, the subjects of Smuggling are the owners of the goods or accomplices of the owners of the goods;
- Illegally transferring goods or money across borders is not committed for the aim of trading or profit.Therefore, the this offence is applicable to the persons hired/authorized to carry out procedures for customs clearance, or to transport the goods, or being the genuine owners of the products but the imported items are listed in the name of other
Over the years, Le & Tran has developed a depth of expertise in business consulting. We are knowledgeable about the current legal regulations on import and export of goods in Vietnam, and can provide our corporate clients with advice, solutions, and alerts so that they can avoid legal risks when importing and exporting goods. Furthermore, Le & Tran possesses a team of top criminal defense lawyers who can assist enterprises in resolving issues and problems, as well as represent and defend them against any allegations or suspicions of the investigative agency related to their import and export activities.