Currently, foreigners come to Vietnam to work in large numbers, and the problem of forging documents occurs a lot. Faking documents to obtain a work permit is not only a violation of the law but also adversely affects the reputation of the head of the company or organization. To carry out this behavior, there are often some organizations and individuals using other people’s documents, forging signatures of authorities and even providing incomplete or inconsistent records regulations for applying for a work permit.
Taking advantage of the needs of foreigners to forge documents and make profit
In particular, many foreigners come to Vietnam to do business, invest, and live but do not register and carry out procedures at competent authorities, but indirectly through entities specializing in organizing importation lines. Illegal scene by forging related papers and documents such as work permits, health check record, certificate on professional,…. then the subjects proceed to make investment certificates, business registration papers , open accounts at banks.
The above behavior has violated Vietnamese law, and they are also victims of the above subjects taking advantage of their trust to appropriate property.
The reality is that when foreigners wish to enter Vietnam to invest, do business and live. But because they do not understand the laws of Vietnam, the subjects to take advantage of their trust and manipulate have manipulate them into forging and using fake papers to do business and live in Vietnam. That ignorance and subjective sense have inadvertently made them both violate the law of the host country and the faking documents subject take advantage of their trust.
The act of forging documents really sophisticate and cunning to the point that it is difficult to detect with the naked eye, with counterfeiting lines of increasing scale and nature, sophisticated and complex criminal tricks, complex and use high technology. It is this act of forging papers and documents that has created opportunities for many subjects who have used fake documents such as passports of foreigners to commit crimes.
Regulations on handling of violations
In terms of administrative and civil matters:
Point c, Clause 6, Article 18 of Decree 144/2021/ND-CP stipulating that forging documents to allow foreigners to enter Vietnam can be fined from VND 30 million to 40 million and will have those papers confiscated, and deport foreigners with fake documents out of Vietnam.
On the criminal side:
Article 341 of the 2015 Vietnam Penal Code stipulates that those who forge seals, documents or other papers of agencies or organizations or use such seals, documents and papers shall carry out the action. illegal acts, shall be subject to a fine of between VND 30,000,000 and 100,000,000, a non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years. Committing the crime in aggravating circumstances according to Clause 2, the offenders shall be sentenced to between 2 and 5 years of imprisonment; 3 from 3 to 7 years.
Conclusion
Competent agencies need to strengthen management, supervision and strict control measures in the issuance of work permits to foreigners, and at the same time, it is necessary to restrain and strictly handle illegal acts. Law on granting work permits to foreigners. Organizations and individuals need to be aware of the risks and consequences of making fake documents, strictly comply with the legal process and regulations, and create a safe, effective and responsible working environment for their employees. workers and the community.
Investors and foreigners, when wishing to enter Vietnam to invest, do business and live, need to carefully study the provisions of Vietnamese law, and at the same time have to make a dossier, procedures requested at competent authorities to carry out administrative procedures. Foreigners do not go through other person to avoid being scammed and risk breaking the law. If necessary, foreigners can contact the Embassy in Vietnam and Vietnamese companies and law offices for legal advice.
HMLF is a Law Firm to provide legal services to foreigner who wishing to invest or living in Vietnam. With a team of experts and staff of HMLF try to provide optimal solutions to bring customers satisfaction when experiencing legal services.
Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: 0937215585
Email: hmlf.vn