When is the act of brokering someone to go abroad determined to be the act of brokering someone else to flee abroad?

Based on Section 2.1 Official Dispatch No. 1557/VKSTC-V1 2021 guidance on distinguishing the act of "organizing and brokering for others to leave the country illegally" (Article 348 of the Penal Code) from the act of "organizing and brokering for others to flee abroad" (Article 349 Criminal Code) as follows:

"2. Some specific issues

2.1. Distinguishing the act of "organizing and brokering for others to leave the country illegally" (Article 348 of the Penal Code) with the act of "organizing and brokering for others to flee abroad" (Article 349 of the Penal Code)

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The act of organizing or brokering for another person to flee abroad is specified in Article 349 of the Penal Code as organizing or brokering for another person to leave the territory of Vietnam with the purpose of letting that person escape abroad or staying abroad illegally. Summarizing practice, people flee abroad mainly to avoid Vietnamese law (evading wanted, avoiding debt,...) or to work or reside illegally abroad...; Offenders often perform a series of actions, such as: Agreement with guests (cost, time, departure and arrival locations, means, escape tricks,...).

Example 1: A knew that B was banned from leaving the country, so he hired someone to lead B through trails and open paths to escape to China.

Example 2: C had the purpose of taking D to Korea to work illegally, so he went through the procedures (established a Company, made documents for D to be an employee of the Company, made a Visa for D,... ) let D go to Korea and stay to work illegally."

Accordingly, the broker who brings people who are fleeing the law to a foreign country illegally is determined to be an act of brokering another person to escape to a foreign country.