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How much is the penalty for selling smuggled alcohol and cigarettes in Vietnam? Can you be arrested?
This is a common concern among foreigners who are invited to work with the police. Will it only result in a fine, or could it lead to criminal prosecution? If you are already involved, what should you do to protect your legal rights?
Many foreign nationals run small businesses or sell goods for friends without fully understanding Vietnam’s strict regulations. Fear of detention, visa cancellation, or deportation is completely understandable. However, before panicking, it is important to understand the current legal framework.
Under Decree 98/2020/ND-CP (as amended), trading smuggled goods — including imported alcohol and cigarettes without proper invoices — may result in:
Monetary fines depending on the value of goods
Confiscation of goods
Confiscation of vehicles used for violations
Forced destruction of illegal goods
For smuggled cigarettes, possession of 10 packs or more may already trigger administrative penalties. Higher quantities lead to higher fines.
For imported alcohol, in addition to smuggling violations, selling without a retail alcohol license may lead to additional penalties under Vietnam’s Law on Prevention and Control of Harmful Effects of Alcohol and Beer.
If the value of goods does not reach the criminal threshold, authorities typically impose administrative sanctions.
But the key question remains: Can I be arrested?
The answer depends on whether the case meets criminal thresholds under the Penal Code.
Under the 2015 Penal Code (amended 2017), selling smuggled alcohol or cigarettes may fall under:
Smuggling (Article 188)
Illegal transportation of goods across borders (Article 189)
Production or trading of prohibited goods (Article 190 – commonly applied to smuggled cigarettes)
For example, trading 1,500 packs or more of smuggled cigarettes may lead to criminal prosecution. Penalties may include fines or imprisonment depending on circumstances.
For smuggled alcohol, if the value reaches VND 100 million or more — or lower but with prior administrative penalties — criminal charges may apply under Article 188.
Whether arrest or detention occurs depends on factors such as:
Your role (organizer or minor participant)
Cooperation level
Criminal history
Evidence assessment
Not every case leads to detention, but authorities may apply preventive measures when deemed necessary.
Disclaimer: Each case is unique. Legal consequences depend on investigation findings and official decisions.
For foreigners, consequences may extend beyond fines or imprisonment:
Visa cancellation
Temporary residence card revocation
Deportation
Future entry restrictions
If you or a family member are under investigation, remain calm and act properly.
Under the Criminal Procedure Code, you have the right to:
Know the reason for questioning or detention
Present your statement
Have a lawyer from the investigation stage
Request an interpreter if you do not speak Vietnamese
Never sign documents you do not fully understand.
A criminal defense lawyer may:
Analyze whether criminal elements are fully met
Seek lighter preventive measures (e.g., bail)
Identify mitigating circumstances
Protect your procedural rights
DEDICA Law regularly represents foreign clients in criminal cases in Vietnam. We understand language barriers, cultural differences, and immigration risks.
We never promise guaranteed outcomes. However, early legal strategy can significantly influence results.
You should seek legal advice immediately if:
You receive a police invitation letter
Your goods are confiscated
You are detained
A foreign family member has been arrested
Waiting until formal charges are filed may reduce your defense options.
Are you facing a similar issue?
Contact DEDICA Law for strategic legal advice tailored to your situation.
📞 Hotline: (+84) 39 969 0012 (WhatsApp, WeChat, Zalo available)
🕒 Working hours: Monday – Friday (8:30 – 18:00)
Contact us now for your first legal consultation.
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