According to Government Decree 128/2020 / ND-CP on sanctioning of administrative violations in customs, the failure to declare or inaccurate declaration of cash in foreign currencies allowed to be carried, cash in Vietnamese dong or gold exceeding the prescribed limit when entering or leaving Vietnam can be fined depending on the value.

Illustrative Photo: source: internet

Article 10 of Decree 128/2020 / ND-CP states the person who leaves Vietnam with a passport or other valid travel documents issued by a Vietnamese or foreign agency and does not declare or inaccurately declares the amount of cash in foreign currenciesallowed to be carried, cash in Vietnamesedong or gold exceeding the prescribed limit will be fined for administrative violations.

A fine of between VND 1 million and VND 3 million shall be levied for carrying the amount exceeding the limit with an infringing material evidence valued at between VND 5 million and less than VND 30 million; a fine of between VND 5 million and VND 15 million will be levied for carrying the amount exceeding the prescribed limit with infringing material evidence valued at between VND 30 million and less than VND 70 million; a fine of between VND 15 and VND 25 million will be levied for carrying the amount exceeding of the prescribed limitwith infringing material evidence valued at between VND 70 million and under VND 100 million, and a fine of between VND 30 and VND 50 million will be levied for carrying the amount exceeding the prescribed level with aninfringing material evidence valued at VND 100 million or more, and without being brought to court.

Decree 128/2020 / ND-CP also stipulates that a person, who entersVietnam with a passport or other valid travel documents issued by a Vietnamese or foreign agency and does not declare or inaccurately declares cash in foreign currencies that are allowed to be carried, cash in Vietnamese dong or gold exceeding the prescribed limit, except for cases specified in Clause 3 of Article 10, he/she shall be fined between VND 1 million and VND 2 million for carrying the amount exceeding the prescribed limitwithan infringing material evidence valued at between VND 5 and under VND 50 million; or they shall be fined between VND 5 million and VND 10 million for carrying the amount exceeding the prescribed limit with an infringing material evidence valued atbetween VND 50 - under VND 100 million; they shall be finedbetween VND 10 million and VND 20 million for carrying the amount exceeding the prescribed limit with infringing material evidence valued at VND 100 million or more and without being brought to court.

For violations described in Clause 2, Article 10, in which the declared amount of cash in foreign currencies, cash in Vietnamese dong or gold is higher than the actual amount, a fine of between VND 2 - VND5 million will be imposed for the case that the declared amount of cash in foreign currencies, cash in Vietnamese dong or gold from VND 5 million to VND 20 million higher the actual amount; a fine of between VND 5 - VND 15 million will be imposed for the case that the declared amount of cash in foreign currencies, cash in Vietnam dong or gold is between VND 20 and less thanVND 100 million higher than the actual amount; a fine of between VND 15 and VND 25 million will be imposed for the case thatdeclared amount of cash in foreign currencies, cash in Vietnam dong or gold is VND 100 million or more higher than the actual amount and without being brought to court.

A person on entry and exit with valid travel document carrying cash in foreign currencies that are not allowed to be carried, does not declare or inaccurately declares to the customs, he/she shall be fined from VND 5 to VND 10 million if the infringing material evidence is worth from VND 5 to less thanVND 50 million; fined from VND 10 to VND 30 million if the infringing material evidence is valued fromVND 50 to less thanVND100 million; or fined from VND 30 to VND 50 million if the infringing material evidenceis valued at VND 100 million or more, and shall not bebrought to court.

A person on entry or exit carrying other precious metals, gems, and negotiable instruments which must be declared to the customs agency upon entry and exit, does not declare or makes inaccurate declaration, he/she shall be fined from VND 1 million to VND 3 million if the value of material evidence exceeds the limit by VND 5 million to less than VND 30 million; he/she shall be fined from VND 5 million VND 15 million the value of material evidence exceeds the prescribed limit by VND 30 million and less than VND 50 million; he/she shall be fined between VND 15 million to VND 30 million if the value of material evidence exceeds the prescribed limit by VND 50 million to less than VND 100 million; he/she shall be fined from VND 30 million to VND 50 million if the value of material evidence exceeds the prescribed limit by VND 100 million or more and shall not be brought to court.

Decree 128/2020 / ND-CP clearly stipulates the value of the infringing material evidence for the above acts is the value after subtracting the value of cash in foreign currencies, cash in Vietnamese dong, and negotiable instruments, gold, other precious metals, and gemstones not required to be declared in accordance with the law.