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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 169/2026/ND-CP
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Hanoi, May 15, 2026
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DECREE
PROVIDING FOR PENALTIES FOR ADMINISTRATIVE CUSTOMS OFFENCES
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended and supplemented
by the Law No. 67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant to the Law on
Customs No. 54/2014/QH13 amended and supplemented by the Law No.
71/2014/QH13, Law No. 35/2018/QH14, Law No. 07/2022/QH15 and Law No.
90/2025/QH15;
Pursuant to the Law on
Tax Administration No. 108/2025/QH15;
At the request of the
Minister of Finance;
The Government hereby
promulgates a Decree providing for penalties for administrative customs
offences.
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GENERAL
PROVISIONS
Article
1. Scope
1. This Decree provides
for administrative offences; terminated administrative offences and ongoing administrative
offences; penalties, fines, remedial measures against each administrative
offence; entities incurring penalties; power to impose penalties, specific
fines to be imposed by each title holder the procedures for imposing penalties
and power to make records of administrative offences; implementation of
penalties for administrative offences and remedial measures in the field of
customs.
2. Administrative customs
offences specified in this Decree include:
a) Offences against
regulations of law on customs procedures;
b) Offences against
regulations of law on customs inspection, customs supervision and customs
control;
c) Administrative
offences against regulations on administration of tax on exports and imports;
d) Offences against other
regulations of law in relation to exports and imports.
Article
2. Regulated entities
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2. The persons who have
the power to make records of administrative offences, impose measures for
preventing administrative offences and ensuring the imposition of penalties for
administrative offences and the persons who have the power to impose penalties
for administrative offences specified in Articles 28 to 33 of this Decree.
3. Other agencies,
organizations and individuals involved in imposing penalties for administrative
offences specified in this Decree.
4. Organizations
specified in Clause 1 of this Article include:
a) Enterprises, branches
and representative offices established and operating under Vietnam’s laws;
branches and representative offices of foreign enterprises operating in
Vietnam;
b) Cooperatives,
cooperative unions and artels;
c) Public service
providers;
d) Social organizations,
socio-political organizations, socio-professional organizations;
dd) State agencies
committing offences which are not related to their assigned state management
duties;
e) Other organizations
prescribed by law.
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Article
3. Principles of imposing penalties for administrative customs offences
1. Any organization or
individual that commits multiple administrative offences shall face a penalty
for each offence, unless an offence in point a, b or d clause 1, point a clause
3 Article 8; clause 1, 2, 3 or 4, point a, b, c or d clause 6 Article 9; point
a clause 1, point b clause 2 Article 12 of this Decree which involves multiple
declarations/documents in the customs dossier is committed at different times
of customs declaration registration but has yet to be handled, a penalty shall
be imposed for that offence while the repeat of that offence shall be taken
into account as an aggravating circumstance provided that the prescriptive
period for penalty imposition has not yet expired.
In case an individual or
organization commits multiple offences which are penalized separately, the
commission of multiple offences shall not be considered as an aggravating
circumstance when considering deciding administrative penalty for each offence.
2. Exhibits of an
administrative offence are items, money and/or goods directly involved in the
administrative offence; do not include items, money and/or goods for which
customs declarations have been made in accordance with law.
3. In cases of offences
specified in clauses 1, 2, 3, 4 and 5 Article 11; points a and b clause 2,
clause 3, clause 4, point a clause 5, clause 6 Article 14; clauses 1 and 2
Article 15; clauses 1 and 2 Article 16; clauses 1, 2, 3, 4 and 5 Article 19,
penalties may be imposed in accordance with this Decree if the offender is not
liable to criminal prosecution in the following cases:
a) The value of exhibits
involved in an offence committed by an individual is less than VND 100,000,000
or the amount of evaded tax is less than VND 100,000,000 but the individual has
incurred a penalty for the administrative offence prescribed in any of the
Articles 188, 189, 190, 191, 192, 193, 194, 195, 196 and 200 of the Criminal
Code; the value of exhibits involved in an offence committed by an organization
from VND 100,000,000 to less than VND 200,000,000 or the amount of evaded tax
is from VND 100,000,000 to less than VND 200,000,000 but the organization has
incurred a penalty for the administrative offence prescribed in any of the
Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, and 200 of the Criminal
Code;
b) The value of exhibits
involved in an offence committed by an individual is less than VND 100,000,000
or the amount of evaded tax is less than VND 100,000,000 but the individual has
been convicted of any of the crimes prescribed in Articles 188, 189, 190, 191,
192, 193, 194, 195, 196 and 200 of the Criminal Code and has not had his/her
criminal record expunged; the value of exhibits involved in an offence
committed by an organization is from VND 100,000,000 to less than VND
200,000,000 or the amount of evaded tax is from VND 100,000,000 to less than
VND 200,000,000 but the organization has been convicted of any of the crimes
prescribed in Articles 188, 189, 190, 191, 192, 193, 194, 195, 196, and 200 of
the Criminal Code and has not had its criminal record expunged;
c) The value of exhibits
involved in an offence committed by an individual is less than VND 100,000,000
but the exhibits are relics or antiques; the value of exhibits involved in an
offence committed by an organization commits is less than VND 200,000,000 but
the exhibits are relics or antiques.
Article
4. Mitigating circumstances
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2. The value of exhibits
of an offence does not exceed 50% the minimum fine of the fine bracket for the
offence.
Article
5. Prescriptive periods for imposition of penalties for administrative customs
offences
1. Prescriptive periods
for imposition of penalties for administrative offences against regulations on
tax administration:
a) The prescriptive
period for imposition of penalties for tax evasion that is not liable to
criminal prosecution, understatement of tax payable or overstatement of tax
amount exempted, reduced, refunded or cancelled is 05 years;
b) After the
aforementioned prescriptive periods expire, the taxpayer will not incur
penalties but still has to fully pay the outstanding tax amount, the incorrectly
exempted, reduced, refunded or non-imposed tax amount or the evaded tax amount
and late payment interests to the state budget that have accrued over the last
10 years before the date on which the offence against regulations on tax
administration is discovered.
2. The prescriptive
period for imposing penalties for other customs offences is 02 years.
3. The dates which are
used to determine the prescriptive periods for imposing penalties for customs
offences are specified in clauses 6 and 7 of this Article.
4. The prescriptive
period for imposing penalties for an administrative offence transferred by a
proceeding agency as specified in Article 63 of the Law on Handling of
Administrative Violations No. 15/2012/QH13 amended and supplemented by the Law
No. 67/2020/QH14 and Law No. 88/2025/QH15 may be 01 year longer than the
prescriptive period specified in point a clause 1, and clause 2 of this
Article.
The period during which
the case is examined by the proceeding agency is included in the prescriptive
period for imposing penalties for administrative offences.
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6. Offences considered to
have been ended and ending dates of offences are as follows:
a) The ending date of an
administrative offence specified in Article 8 of this Decree is the date on
which the customs procedures are followed or tax dossier is submitted;
b) The ending date of an
administrative offence specified in Article 9 of this Decree is the date on
which the customs declaration is registered; the date on which the goods
manifest, the passenger list or the baggage declaration included in the dossier
on the inbound, outbound or transit means of transport is submitted;
c) The ending date of an
administrative offence specified in Article 11 of this Decree is the date on
which an inbound or outbound person completes customs declaration;
d) The ending date of an
administrative offence specified in point a clause 1 Article 12 of this Decree
is the date on which the documents in the customs dossier are submitted,
produced or sent to the customs authority according to the registered customs
declaration;
dd) The ending date of an
administrative offence specified in point b clause 1 Article 12 of this Decree
is the date on which a taxpayer amends or supplements the settlement report;
e) The ending date of an
administrative offence specified in point dd clause 1 Article 10; point c
clause 2 Article 12 of this Decree is the date on which a taxpayer submits the
settlement report;
g) The ending date of an
administrative offence specified in point a clause 7 Article 12 of this Decree
is the date on which the documents are declared, submitted or produced to the
customs authority;
h) The ending date of an
administrative offence specified in point b clause 7 Article 12 of this Decree
is the date on which the illegal use of another organization’s or individual’s
account or digital signature to follow customs procedures is terminated;
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k) The ending date of an
administrative offence specified in points a, b, c, and e clause 1 Article 10;
points b, c, dd, e, and h clause 1 Article 15; clauses 1 and 2 Article 16;
Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article
23 of this Decree is the date on which the customs declaration is registered or
on which the dossier on tax reduction, tax refund, tax cancellation or handling
of overpaid tax/fine is submitted;
7. The administrative
offences specified in this Decree other than those specified in clause 6 of
this Article are treated as ongoing offences.
Article
6. Penalties, remedial measures
1. For each
administrative customs offence, the organization or individual shall incur a
main penalty being a warning or a fine.
2. Warnings shall be
imposed on persons from 14 to under 16 years of age who commit any offence
specified in this Decree.
3. Fines imposed upon
individuals and organizations:
a) The fines mentioned in
Chapter II of this Decree are imposed upon organizations; the fines imposed
upon an individual is 1/2 of those imposed upon an organization, except for the
cases specified in points b and c of this clause;
b) The fines for the
offences specified in Article 11 of this Decree are imposed upon individuals;
c) The fines for
administrative offences against regulations on tax administration specified in
Articles 10 and 15 of this Decree are imposed upon both individuals and
organizations;
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dd) Upon imposing
a fine, the specific amount of fine for an administrative offence specified in
Article 8, Article 9, Article 11, Article 12, Article 13, Article 14, Article 16,
Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article
23, Article 24, Article 25, and clauses 1, 2, and 4 Article 26 of this Decree
is the average of specific fines in the fine bracket for such offence.
For 01 mitigating circumstance
that exists, the specific fine shall be the average of fines within the fine
bracket minus 10% of such average; for 02 or more mitigating circumstances that
exist, the minimum fine within the fine bracket shall be imposed.
For 01
aggravating circumstance that exists, the specific fine shall be the
average of fines within the fine bracket plus 10% of such average; for 02 or
more aggravating circumstances that exist, the maximum fine within the fine
bracket shall be imposed.
e) When
determining the fine amount imposed for an administrative offence under both
aggravating and mitigating circumstances, each mitigating circumstance will
cancel out an aggravating circumstance.
4. Additional penalties:
Confiscation of exhibits
of administrative offences.
5. Remedial measures:
In addition to the
remedial measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations No. 15/2012/QH13 amended and supplemented by the Law No.
67/2020/QH14, this Decree provides for remedial measures in this clause
applicable to the offences specified in Chapter II, including:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits and instrumentalities used for committing administrative offences;
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c) Enforced transport of
goods in transit, transshipped goods, goods involved in the merchanting trade
transactions, goods moved from one customs-controlled area to another or goods
temporarily imported for re-export at the correct border checkpoint or on the
correct route as prescribed;
d) Enforced removal of
goods packages or labels that are changed due to offences; enforced removal of
infringing elements on goods labels before they are removed from the territory
of the Socialist Republic of Vietnam;
dd) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export or
enforced destruction of goods or items detrimental to human, animal and plant
health and the environment; indecent materials; cultural products banned from
dissemination or circulation or subject to the decision to terminate
dissemination or circulation;
e) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law;
g) Enforced full payment
of evaded tax or outstanding tax amount;
h) Enforced full payment
of tax amount incorrectly exempted, reduced, refunded or cancelled to the state
budget;
i) Enforced sticking of
the “VIETNAM DUTY NOT PAID” stamp as prescribed;
k) Enforced destruction
of forged seals.
Article
7. Cases in which penalties for administrative customs offences are exempt
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Customs authority or
other competent authorities must be notified of the goods and means of
transport that are imported to the Socialist Republic of Vietnam due to an
unexpected event or force majeure event; such goods and means of transport must
be removed from the Socialist Republic of Vietnam after such events are
remedied.
2. Cases in which
penalties for administrative customs offences are exempt
a) A taxpayer commits an
act of incorrect declaration as prescribed in Article 10 of this Decree but has
made supplementary declaration before the customs authority notifies the
physical inspection of customs dossiers for goods currently undergoing customs
procedures; makes supplementary declaration within 60 days from the date of
customs clearance and before the issuance of a decision on inspection or
examination of goods granted customs clearance or post-clearance audit; amends
or supplements a settlement report within 60 days from the date of submission
of such report and before the issuance of a decision on inspection of
settlement report, inspection or examination of goods granted customs clearance
post-clearance audit; makes supplementary declaration of customs value within
the prescribed time limit, for the goods without official prices at the time
the customs declaration is registered or the goods for which the actually paid
amount or the goods for which the amount to be added to the customs value is
unknown at the time the customs declaration is registered; makes supplementary
declaration within the prescribed time limit in cases where, upon import or
export of goods, their quantity tolerance and trade level have been agreed upon
and the quantity of goods sent exceeds the agreed tolerance and does not
exceeds the quantity stated in the license or
certificate of specialized inspection or the quantity of goods sent
exceeds that stated in the license or certificate of specialized
inspection but have their quantity adjusted as permitted by a competent
authority within the prescribed time limit;
b) A taxpayer fulfills
their tax liabilities in accordance with a customs authority’s or state
competent agency’s administrative document or handling decision relating to the
determination of their tax liabilities according to point o clause 1 Article 37
of the Law on Tax Administration No. 108/2025/QH15;
c) Cases in which goods
sent to Vietnam are not conformable with the contracts as prescribed in Article
39 of the Commercial Law No. 36/2005/QH11 (except for goods banned from import,
goods suspended from import, counterfeit goods, and wastes which are not
included in the List of wastes permitted for import as production materials)
but have been notified in writing (with reasons clearly specified) by the
consignor, the carrier and the consignee or legal representative of such
consignor, carrier and consignee, and enclosed with relevant documents to the
head of a border checkpoint/out-of-checkpoint customs office where goods are
stored before the customs declaration is registered.
Chapter
II
ADMINISTRATIVE
OFFENCES, PENALTIES, REMEDIAL MEASURES, MEASURES FOR PREVENTING ADMINISTRATIVE
OFFENCES AND ENSURING IMPOSITION OF PENALTIES FOR ADMINISTRATIVE OFFENCES
Article
8. Offences against regulations on time limit for implementing customs
procedures and submitting tax dossiers
1. A fine ranging from
VND 500,000 VND to VND 1,000,000 shall be imposed for failure to comply with
the prescribed time limit in any of the following cases:
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b) Make amended or
supplementary declarations when there are changes to the number of any
container of exports or imports, port of loading, checkpoint of export or means
of transport carrying exports;
c) Re-export of
organizations or individuals’ means of transport that cross border checkpoint
areas to deliver or receive goods;
d) Making supplementary
declaration of the customs value beyond the prescribed time limit, for the
goods without official prices or the goods for which the actually paid amount
or the goods for which the amount to be added to the customs value is unknown
at the time the customs declaration is registered.
2. A fine ranging from
VND 1,000,000 VND to VND 2,000,000 shall be imposed for failure to comply with
the prescribed time limit in any of the following cases:
a) Providing audit
reports or financial statements of enterprises eligible for the priority regime;
b) Notifying the customs
authority of the decision on handling of offences against regulations tax
administration and accounting, for enterprises eligible for the priority
regime;
c) Reporting the quantity
of goods imported serving factory construction and goods in external warehouses
of an export processing enterprise;
d) Reporting the quantity
of transshipped goods brought in, brought out of and stored at the port;
dd) Submitting a
statistical report on customs clearance for postal goods brought into Vietnam
for international transit;
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g) Amending or
supplementing documents in the customs dossiers for aircraft, seagoing vessels,
international intermodal trains, automobiles, motorcycles or mopeds upon exit
or entry;
h) Notify the
transshipment or ship-to-ship transfer plan to the customs authority managing
transshipment or ship-to-ship transfer areas.
3. A fine ranging from
VND 2,000,000 VND to VND 5,000,000 shall be imposed for any of the following
offences:
a) Submitting customs
declarations before exports are gathered at the location notified to the
customs authority;
b) Failure to submit
settlement reports, notify or report the use of duty-free goods, notify the use
of goods applying the preferential import tariff rates specified in Chapter 98
of the preferential import tariff schedule within the prescribed time limit;
c) Failure to submit
application dossiers for imposition of the 0% duty rate on parts imported
according to tax incentive program for the purpose of automobile manufacture
and assembly or the tax incentive program for automobile supporting industry
within the prescribed time limit;
d) Failure to handle
excess materials and supplies, wastes, scraps, machinery or equipment that are
rented or borrowed and processed products within the prescribed time limit when
a processing contract ends or expires;
dd) Failure to notify
changes to notifications of establishments processing or producing goods for
export within the prescribed time limit with regard to premises, address,
production scale, legal representative of the trader, conditional business
lines, locations for storage of raw materials, supplies, machinery, equipment,
and exported products, except for the offences specified in Article 10, point c
clause 1 Article 13, and Article 15 of this Decree;
e) Failure to notify a
re-processing establishment, re-processing contract or its
appendices within the prescribed time limit;
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h) Failing to notify the
actual norms of the quantity of manufactured products within the prescribed
time limit;
i) Failure to notify the
customs authority, within the prescribed time limit, of the time limit,
locations and methods for delivery and receipt of goods as designated by a
foreign trader;
k) Failure to report to
the customs authority, within the prescribed time limit, on the use and
locations for storage of equipment used for containing goods according to the
temporary import - re-export or temporary export - re-import rotation method.
4. A fine ranging from VND
5,000,000 VND to VND 10,000,000 shall be imposed for any of the following
offences:
a) Failure to re-export
goods temporarily imported for re-export within the prescribed time limit;
b) Storing goods in
transit or transshipped goods in the territory of the Socialist Republic of
Vietnam beyond the prescribed time limit;
c) Declaring and
implementing procedures after home use or repurposing goods which are tax-free
or eligible for tax exemption, tax exemption, tax refund or tax cancellation or
goods applying tariff rates within tariff quota before an inspection or
examination decision is made.
5. Penalties for failure
to re-export or re-import a temporarily imported or temporarily exported means of
transport within the prescribed time limit (except for the case specified in
clause 6 of this Article or the case where means of transport of individuals
and organizations cross the border checkpoint area to deliver or receive goods)
are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the means of transport is
re-exported or re-imported less than 30 days behind schedule;
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6. Penalties for failure
to re-export any passenger cars of fewer than 24 seats (the seats are
determined according to the certificate of registration of the means of
transport or by physical inspection) within the prescribed time limit, except
for the case specified in point c clause 1 of this Article are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the means of transport is
re-exported less than 30 days behind schedule;
b) A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed if the means of transport is
re-exported 30 days or more behind schedule.
7. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits which are temporarily imported goods during the effective period
of the decision on penalty imposition in case of commission of the offences in
point g clause 3, point a clause 4 of this Article; except for the cases where
such goods are allowed to be sold in Vietnam in accordance with regulations of
law on foreign trade management and other relevant laws or where the time limit
for temporary import for re-export is allowed to be extended in accordance with
the laws on foreign trade management and customs;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of the
temporarily imported means of transport during the effective period of the
decision on penalty imposition in case of commission of the offences in point c
clause 1, clause 5 and clause 6 of this Article;
c) Enforced removal from
the territory of the Socialist Republic of Vietnam of the exhibits which are
goods in transit or transshipped goods during the effective period of the
decision on penalty imposition in case of commission of the offence in point b
clause 4 of this Article.
Article
9. Offences against regulations on customs declaration
1. A fine ranging from
VND 1,000,000 VND to VND 2,000,000 shall be imposed for any of the following
offences:
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b) Failure to declare the
special relationship between the buyer and the seller on the customs
declaration in accordance with the law on customs without affecting the customs
value.
2. A fine ranging from
VND 2,000,000 VND to VND 4,000,000 shall be imposed for providing incorrect
information about the actual quantity (the exhibit is worth more than VND
10,000,000), names, quality, customs value and origin of goods that are:
a) Goods in transit,
involved in the merchanting trade transactions or transshipped; or
b) Goods used or
destroyed within a free trade zone.
3. A fine ranging from
VND 3,000,000 VND to VND 5,000,000 shall be imposed for any of the following
offences:
a) Declaring incorrect
information about the actual quantity (the exhibit is worth more than VND
10,000,000), names, categories, quality, customs values and origins of exports
or imports that are exempt from duty or duty-free as prescribed by law, except
the case specified in point a clause 1, point b clause 2 and point d clause 4
of this Article;
b) Declaring incorrect
information about the actual origins of exports or imports, except the case
specified in point a clause 1, clause 2 and point d clause 4 of this Article;
4. A fine ranging from
VND 5,000,000 VND to VND 10,000,000 shall be imposed for any of the following
offences:
a) Incorrectly declaring
the number of master and house bills of lading on the goods manifest included
in the dossier on inbound, outbound or transit means of transport;
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c) Incorrectly declaring
the number of pieces of baggage in the baggage declaration included in the
dossier on dossier on inbound, outbound or transit means of transport;
d) Declaring incorrect
information about the actual quantity (the exhibit is worth more than VND
10,000,000), names and origins of goods sent to a bonded warehouse; goods sent
abroad from a bonded warehouse to other countries, except the case specified in
point b clause 2 of this Article.
5. A fine ranging from
VND 20,000,000 VND to VND 40,000,000 shall be imposed shall be imposed in a
case where the goods have undergone customs procedures but have not been
exported or exported in a sufficient quantity (the exhibit is worth more than
VND 10,000,000), names and customs value in comparison with that declared;
except where the exports are processed products, products produced for export
and exported products of export processing enterprises and goods temporary
imported for re-export.
This provision shall not
apply in the cases where customs declarations are cancelled as prescribed or
are not valid for implementation of customs procedures as prescribed in clause
2 Article 25 of the Law on Customs No. 54/2014/QH13.
6. If a customs declarant
commits any customs offence specified in this Article and then discovers the
offence themself and makes a supplementary declaration beyond the prescribed
time limit, penalties shall be imposed as follows:
a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for the offences in clause 1 of
this Article;
b) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for the offences in clause 2 of
this Article;
c) A fine ranging from VND
1,500,000 to VND 2,500,000 shall be imposed for the offences in clause 3 of
this Article;
d) A fine ranging from
VND 2,500,000 to VND 5,000,000 shall be imposed for the offences in clause 4 of
this Article;
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7. Where any of the
offences specified in clause 3 or clause 5 of this Article results in
understatement of the tax payable or overstatement of tax exempted, reduced,
refunded, cancelled or tax evasion or any provision on management of exports
and imports is violated, the penalties specified in Articles 10, 15, 16, 17,
18, 19, 20, 21, 22 and 23 of this Decree shall be imposed.
Article
10. Offences against regulations on customs declaration resulting in
understatement of tax payable or overstatement of tax amount exempted, reduced,
refunded, cancelled
1. The acts of making understatement
of tax payable or overstatement of tax amount exempted, reduced, refunded,
cancelled include:
a) Incorrectly declaring
the quantity, names, quality, customs value, codes, tariff rates, duty amount,
except the regulations in point b clause 1 Article 15 of this Decree;
b) Incorrectly declaring
goods that are duty-free or exempt from duty or goods subject to tariff quotas;
c) Creating and declaring
incorrect information in the application dossier for tax exemption, reduction,
refund or cancellation or dossier on handling of overpaid tax/fine;
d) Violating regulations
on management of materials, supplies, machinery and equipment, processed
products, products produced for export, export processing products, thereby
resulting in discrepancy between actual stock and values in accounting
documents, accounting books or customs dossiers on exports/imports other than
the cases specified in points d, dd, e and g clause 1 Article 15 of this
Decree;
dd) Preparing the
settlement report in which the quantity of imported materials, supplies and
parts used for production does not match the actual ones used to produce processed
products or products for export;
e) Declaring imported
goods according to the type of processing or production for export without an
establishment manufacturing processed goods or establishment manufacturing
goods for export within the territory of the Socialist Republic of Vietnam; or
without having machinery or equipment owned or used in the manufacturing
establishment suitable for materials, supplies and parts imported for the
purpose of processing and production of goods for export.
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a) After the customs
authority notifies the direct examination of the customs dossier on the goods
currently undergoing customs procedures;
b) 60 days after the date
of customs clearance and before the decision on post-clearance audit or
inspection or examination of the goods granted customs clearance is issued;
c) After the deadline for
making supplementary declaration of the settlement report but before the
customs authority issues a decision on examination of the settlement report or
post-clearance audit.
3. A fine of 20% of the
understated amount of tax payable or the overstated amount of tax exempted,
reduced, refunded or cancelled shall be imposed in one of the following cases:
a) The offences in clause
1 of this Article which are discovered by the customs authority in the course
of following customs procedures;
b) The offences in clause
1 of this Article which are discovered after post-clearance audit or inspection,
audit or examination of goods granted customs clearance;
c) The failure to make
supplementary declaration of the customs value as prescribed is discovered
during the inspection or examination of the goods without official prices at
the time the customs declaration is registered or the goods for which the
actually paid amount or the goods for which the amount to be added to the
customs value is unknown at the time the customs declaration is registered;
d) A customs declarant
commits any offence in clause 1 of this Article, then discovers the offence
themself and make supplementary declarations of the tax dossier apart from the
contents for which the conclusion on post-clearance audit or inspection or
examination of the goods granted customs clearance is available;
4. Any organization or
individual committing any of the offences specified in point b, c and d clause
3 of this Article shall incur a penalty specified in point c clause 1 Article
15 of this Decree when they:
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b) They commit an offence
transferred by a proceeding agency as specified in clause 1 Article 63 of the
Law on Handling of Administrative Violations No. 15/2012/QH13 amended and
supplemented by point d clause 31 Article 1 of the Law No. 67/2020/QH14 and
clause 13 Article 1 of the Law No. 88/2025/QH15 but fail to voluntarily take a
remedial measure by fully paying the tax payable before the administrative
penalty decision is issued.
5. Remedial measures:
Enforced full payment of
the outstanding tax amount; the tax amount incorrectly exempted, reduced,
refunded or cancelled to the state budget in case of commission of the offences
specified in this Article.
6. The penalties
specified in clauses 1, 2 and 3 of this Article shall be imposed in the cases
where the tax difference does not exceed VND 500,000 per customs declaration if
the offence is committed by an individual, or VND 2,000,000 per customs
declaration if the offence is committed by an organization.
7. If any of the offences
specified in clause 1, 2 or 3 of this Article is an act of tax evasion, the
penalty prescribed in Article 15 of this Decree shall be imposed.
8. The provisions set out
in this Article shall not apply to the offences specified in Articles 16, 17,
18, 19, 20, 21, 22 and 23 of this Decree.
Article
11. Offences against regulations on declaration by inbound or outbound persons
with regard to cash in foreign currencies, cash in Vietnamese currency,
negotiable instruments, gold, other precious metals, gemstones
1. Penalties for failure
to declare or to correctly declare the amount of cash in foreign currencies
allowed to be carried along, cash in Vietnamese currency or gold carried in
excess of the prescribed limit by a person when leaving Vietnam using a
passport or passport alternative granted by a Vietnamese competent authority or
laissez-passer are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit in excess of the
prescribed limit is worth from VND 5,000,000 to less than VND 30,000,000;
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c) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth from VND 70,000,000 to less than VND 100,000,000;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth VND 100,000,000 or more but below the value that
is liable to criminal prosecution.
2. Penalties for failure
to declare or to correctly declare the amount of cash in foreign currencies
allowed to be carried along, cash in Vietnamese currency or gold carried in
excess of the prescribed limit by a person when entering Vietnam using a
passport or passport alternative granted by a Vietnamese or foreign competent
authority or laissez-passer, except the case specified in clause 3 of this
Article are as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if the exhibit in excess of the
prescribed limit is worth from VND 5,000,000 to less than VND 50,000,000;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth from VND 50,000,000 to less than VND 100,000,000;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth VND 100,000,000 or more but below the value that
is liable to criminal prosecution.
3. Penalties for
overstating the amount of cash in foreign currencies, cash in VND or gold
carried are as follows in case of committing the offences specified in clause 2
of this Article:
a) A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed if the value of overstated
amount of cash in foreign currencies, cash in VND or gold in excess of the actual
amount carried is from VND 5,000,000 to less than VND 20,000,000;
b) A fine ranging from
VND 5,000,000 to less than VND 15,000,000 shall be imposed if the value of
overstated amount of cash in foreign currencies, cash in VND or gold in excess
of the actual amount carried is from VND 20,000,000 to less than VND
100,000,000;
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4. Penalties for failure
to declare or to correctly declare the amount of gold or cash in foreign
currencies carried by a person against the law when entering or leaving Vietnam
using a laissez-passer are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from
VND 5,000,000 to less than VND 50,000,000;
b) A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 100,000,000;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
5. Penalties for failure
to declare or to correctly declare the amount of other precious metals,
gemstones or negotiable instruments carried by a person which, by law, must be
subject to customs declaration when entering or leaving Vietnam using a
passport or passport alternative granted by a Vietnamese or foreign competent
authority or laissez-passer are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit in excess of the
prescribed limit is worth from VND 5,000,000 to less than VND 30,000,000;
b) A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth from VND 30,000,000 to less than VND 50,000,000;
c) A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth from VND 50,000,000 to less than VND 100,000,000;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit in excess of
the prescribed limit is worth VND 100,000,000 or more but below the value that
is liable to criminal prosecution.
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Article
12. Offences against regulations on customs examination, inspection
1. A fine ranging from
VND 1,000,000 VND to VND 2,000,000 shall be imposed for any of the following
offences:
a) Making erasures or
alterations on the documents included in the customs dossier submitted,
produced or sent to the customs authority according to the registered customs
declaration other than the cases specified in point a clause 7 of this Article,
Articles 10, 15, 16, 17, 18, 19, 20, 21, 22 and 23 of this Decree;
b) A taxpayer prepares a
settlement report inconsistently with the accounting books, accounting
documents or customs declaration, then discovers that offence themselves, and
amends or supplements the settlement report beyond the prescribed time limit in
a case other than that specified in point dd clause 1 or point c clause 2
Article 10 of this Decree.
2. A fine ranging from VND
2,000,000 VND to VND 4,000,000 shall be imposed for any of the following
offences:
a) Failure to assign
employees or provide instruments serving physical inspection of goods or means
of transport at the request of the customs authority;
b) Violating regulations
on preparation and retention of documents, books, files and electronic data;
c) Preparing a settlement
report inconsistently with the accounting books, accounting documents or
customs declaration in a case other than that specified in point b clause 1 of
this Article, point dd clause 1 or point c clause 2 Article 10 of this Decree.
3. A fine ranging from
VND 4,000,000 VND to VND 10,000,000 shall be imposed for any of the following
offences:
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b) Failure to provide
sufficient dossiers, documents or electronic data related to exports, imports
or inbound or outbound means of transport to the customs authority as
prescribed by law, except the acts of declaring, submitting, producing or
providing information about customs dossiers as specified in point a clause 1
Article 8 of this Decree;
c) Failure to notify the
actual norms of the products exported by fiscal year before the decision on
examination, post-clearance audit or inspection is issued.
4. A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed for failure to comply with the
inspection decision issued by a customs authority.
5. A fine ranging from
VND 20,000,000 VND to VND 30,000,000 shall be imposed for any of the following
offences:
a) Swapping goods that
have undergone customs inspection with those that have not undergone customs
inspection;
b) Failure to provide
sufficient dossiers, documents or electronic data related to exports, imports
or inbound or outbound means of transport to the customs authority as
prescribed by law.
6. Penalties for selling
goods of legal origin at duty-free shops without sticking the “VIETNAM DUTY NOT
PAID” stamp as prescribed are as follows:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less
than VND 10,000,000;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from
VND 10,000,000 to less than VND 20,000,000;
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d) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from
VND 30,000,000 to less than VND 50,000,000;
dd) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if the exhibit is worth VND
50,000,000 or more.
7. A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for any of the following
offences:
a) Use of forged
documents; use of unlawful documents for declaration, submission or
presentation to the customs authority without being liable to criminal
prosecution;
b) Illegal use of account
or digital signature granted to another organization or individual to follow
customs procedures;
c) Illegal access to,
falsification or destruction of the customs information system;
d) Selling goods banned
from export, banned from import or suspended from export or import or goods not
permitted for sale or circulation in Vietnam at duty-free shops as prescribed.
8. Additional penalties:
a) Confiscation of the
exhibits that are goods not having undergone customs inspection in case of
commission of the offence in point a clause 5 of this Article; confiscation of
the exhibits that are goods in case of commission of the offence in point a
clause 7 of this Article, except the exhibits subject to the remedial measures
specified in points a and b clause 9, and clause 10 of this Article;
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9. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export,
during the effective period of the decision on penalty imposition, of the
exhibits which are wastes failing to meet conditions or technical regulations
on environment, goods or items detrimental to human, animal and plant health
and the environment in case of commission of the offence in point a clause 7 of
this Article;
b) Enforced destruction
of the exhibits which are indecent materials in case of commission of the
offence in point a clause 7 of this Article;
c) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in point a clause 5 and point a clause 7 of this Article;
d) Forcible sticking of
the “VIETNAM DUTY NOT PAID” stamp as prescribed in case of commission of the
offences in clause 6 of this Article.
10. An individual or
organization that commits the offence specified in point a clause 7 of this
Article for the purpose of tax evasion shall incur the penalties specified in
Article 15 of this Decree.
Article
13. Offences against regulations on customs supervision
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Transshipment,
warehousing or container consolidation of goods under customs supervision
together with exports with a change of mode or means of transport during the
transport of goods under customs supervision without sending the approved
written request to the customs authority as prescribed by law;
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c) Failure to notify the
storage area when transporting imported materials, supplies, machinery,
equipment or parts, exported products or semi-finished products to another
establishment for re-processing or to another establishment or storage area
other than the original one already notified to the customs authority for the
purposes of processing or manufacturing of goods for export;
d) Transporting goods
from the duty-free goods warehouse to the duty-free shop or aircraft and vice
versa without notifying the customs authority or obtaining approval from the
customs authority.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Transporting goods in
transit, transshipped goods, goods involved in the merchanting trade
transactions, goods moved from one customs-controlled area to another or goods
temporarily imported for re-export without adherence to route, location,
destination or time limit specified or registered in the customs dossier;
b) Changing the packages
or labels of goods under customs supervision without permission;
c) Failure to maintain
the status quo of the goods under customs supervision or goods in storage
pending customs clearance in accordance with law;
d) Storing goods at a
location other than that prescribed by or registered with the customs authority
or registered with the customs authority, except the case specified in point c
clause 1 of this Article;
dd) Storing goods in
storage at a location that fails to satisfy all the conditions as prescribed by
law;
e) Consolidating transit
goods with exports without satisfying conditions as prescribed;
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h) Transshipment or
ship-to-ship transfer of goods or articles on means of transport without the
consent of the customs authority;
i) Using means of
transport for the transport of goods in transit that do not satisfy the
conditions for customs supervision as prescribed;
k) Transporting goods
through a land border checkpoint by other modes of transport as agreed upon
between Vietnam and neighboring countries (unmanned means of goods transport
operating automatically across the land border checkpoint within a defined
area, conveyor belts, pipelines, transmission lines or other forms as per the
law or as agreed upon by the competent authority of Vietnam and the competent
authority of the neighboring country) without providing information on goods
and transport schedule to the customs authority in advance for supervision in
accordance with regulations;
l) Failure of any means
of transport operator to move the vehicle carrying imports to the exports and
imports gathering, inspection, and supervision venue or to the designated goods
gathering, inspection and supervision area according to regulations at the
border checkpoint for customs procedures;
m) Failure of any
individual, agency or organization at the border checkpoint regularly crossing
the border checkpoint to meet their daily-life needs to register their means of
transport with the customs authority for inspection and supervision according
to regulations;
n) Failure to notify the
customs authority in writing to request its permission to move the goods to a
bonded warehouse at the border checkpoint of export or to return them to the
original bonded warehouse or the designated venue for gathering, inspection and
supervision of exports and imports in the border checkpoint or border area in a
case where the goods moved out of a bonded warehouse have exceeded the storage
period within the customs supervision area at the border checkpoint of export
and cannot be exported.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to maintain the status
quo of the customs seal or the carrier’s seal in a case where the customs seal
is exempt as prescribed during transport of goods under customs supervision or
for use of a forged customs seal or a carrier’s forged seal.
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
offences:
a) Selling goods under
customs supervision, except for the case specified in clause 5 of this Article.
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b) Selling a means of
transport that is registered overseas and temporarily imported into Vietnam.
5. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for selling goods in storage
pending customs clearance as prescribed.
6. A fine ranging from VND
60,000,000 to VND 80,000,000 shall be imposed for failure to maintain the
status quo of the customs seal or the carrier’s seal in a case where the
customs seal is exempt as prescribed during transport of goods under customs
supervision or for use of a forged customs seal or a carrier’s forged seal
while the goods under customs supervision have been sold.
7. Additional penalties:
Confiscation of the
exhibits in case of commission of the offence in point b clause 4 of this
Article in the case where such exhibits remain available.
8. Remedial measures:
a) Enforced transport of
goods in transit, transshipped goods, goods involved in the merchanting trade
transactions, goods moved from one customs-controlled area to another or goods
temporarily imported for re-export at the correct border checkpoint or on the
correct route as prescribed in point a clause 2 of this Article;
b) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offence in point b clause 4 of this Article;
c) Enforced removal of
goods packages or labels that are changed due to the offence in point b clause
2 of this Article;
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dd) Enforced destruction
of the forged seal in case of commission of the offences in clause 3 and clause
6 of this Article.
9. If an organization or
individual commits the offence in point a clause 4, clause 5 or clause 6 of
this Article while the goods have been sold and commits the offences set out in
Article 16, 17, 18, 19, 20, 21, 22 or 23 of this Decree, in addition to
incurring a penalty as specified in point a clause 4, clause 5 or clause 6 of
this Article, they shall incur a penalty for the corresponding offence
specified in Article 16, 17, 18, 19, 20, 21, 22 or 23 of this Decree.
Article
14. Offences against regulations on customs control
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following
offences:
a) Failure to obey orders
to stop the means of transport and have the means of transport searched as
prescribed;
b) Failure to provide the
hold diagram, give instructions or search suspicious places for storage of
goods on means of transport for an administrative search.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Storing, trading,
transporting exports or imports without lawful documents in a customs area
without legitimate documents in a case where the exhibit is worth less than VND
30,000,000;
b) Illegally transporting
cash in Vietnamese currency, cash in foreign currencies, gold, other precious
metals or gemstones across the border in a case where the exhibit is worth less
than VND 30,000,000;
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3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for the offences in points a
and b clause 2 of this Article in a case where the exhibit is worth from VND
30,000,000 to less than VND 50,000,000.
4. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for the offences in points a
and b clause 2 of this Article in a case where the exhibit is worth from VND
50,000,000 to less than VND 70,000,000.
5. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
offences:
a) The offences specified
in points a and b clause 2 of this Article in a case where the exhibit is worth
from VND 70,000,000 to less than VND 100,000,000;
b) Unloading goods at a
port of destination other than that specified in the goods manifest or bill of
lading;
c) Loading, unloading,
transshipment, carriage transfer or carriage detachment of exports, imports or
goods in transit on a means of transport currently under customs inspection and
supervision without the customs authority’s permission;
d) Concealing and
disguising, destroying or disposing goods to avoid customs inspection,
supervision or control;
dd) Transporting scraps
to Vietnam for a consignee on the goods manifest who is ineligible to import
scraps as production materials.
6. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for the offences in points a
and b clause 2 of this Article in a case where the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
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Confiscation of the
exhibits of administrative offences in case of commission of the offences in
points a and b clause 2, clause 3, clause 4, points a and d clause 5 and clause
6 of this Article; except the exhibits subject to the remedial measure
specified in point d clause 8 of this Article.
8. Remedial measures:
a) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in points a and b clause 2, clause 3, clause 4, points a and d clause
5, and clause 6 of this Article;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of the
exhibit that is a means of transport registered overseas during the effective
period of the decision on penalty imposition in case of commission of the
offence in point c clause 2 of this Article;
c) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of the
exhibit which is a waste failing to meet conditions or technical regulations on
environment during the effective period of the decision on penalty imposition
in case of commission of the offence specified in point dd clause 5 of this
Article;
d) Enforced destruction
of goods or items detrimental to human, animal and plant health and the
environment, and indecent materials in case of commission of the offences in
points a and b clause 2, clause 3, clause 4, point a clause 5, and clause 6 of
this Article.
Article
15. Penalties for acts of tax evasion
1. Acts of tax evasion
include:
a) Using unlawful or
untruthful documents to make tax declaration; making erasures or alterations on
documents leading to understatement of tax payable or overstatement of tax
exempted, reduced, refunded or cancelled;
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c) Committing any of the
offences in point b, c or d clause 3 of Article 10 but failing to fully pay the
tax payable as prescribed before the offence record is made or before the
administrative penalty decision is issued in case the criminal proceedings
agency transfers the case file for imposition of penalties for administrative
offences as prescribed in clause 1 Article 62 of the Law on Handling of
Administrative Violations No. 15/2012/QH13 amended and supplemented by point d
clause 31 Article 1 of the Law No. 67/2020/QH14 and clause 13 Article 1 of the
Law No. 88/2025/QH15;
d) Following procedures
for exporting processed products; products produced for export; products
exported abroad of an export processing enterprise without actually exporting
them;
dd) Overstatement of the
actual quantity of processed products; products produced for export; products
exported abroad of an export processing enterprise; re-exported goods;
e) Failure to declare
domestically purchased raw materials or supplies subject to export duty
incorporated into the products processed for export; incorrectly declaring
value of the exported raw materials, supplies or parts incorporated into the
processed products, thereby resulting in the overstatement of tax exempted for
the processed products when being re-imported into Vietnam;
g) Repurposing goods which
are duty-free or eligible for duty exemption or goods managed according to
tariff quotas without notifying the customs authority;
h) Incorrectly declaring
quantity, names, quality, value or origins of goods imported from a free trade
zone into the domestic market;
i) Failure to record the
revenues and expenditures related to the determination of tax payables in
accounting books;
k) Selling duty-free
goods to ineligible buyers, in excess of the prescribed allowances or without
satisfying conditions as prescribed by law;
l) Colluding with
consignors to import goods for the purpose of duty evasion.
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a) A fine equal to the
amount of evaded tax if no aggravating circumstances are found;
b) Every aggravating
circumstance that is found will cause the fine to increase by 20% but not
exceeding 03 times the evaded tax.
3. Remedial measures:
Enforced full payment of
the outstanding tax in case of commission of the offences in this Article.
4. The provisions set out
in this Article shall not apply to the offences specified in Articles 16, 17,
18, 19, 20, 21, 22 and 23 of this Decree.
5. The offence in point b
clause 1 of this Article shall be applicable in a case where the violating
individual or organization is instructed by the Ministry of Finance or customs
authority in the codes, tariff rates or tax amount applicable to goods having
the same name, codes, tariff rates or tax amount as those of the violating
goods in one of the following forms:
a) The Ministry of
Finance has issued a document providing guidance on codes, tariff rates and tax
amount;
b) The competent customs
authority has issued a notice of analysis and classification results or an
advance ruling on codes, tariff rates and tax amount;
c) The competent customs
authority has determined the codes, tariff rates and tax amount of the goods
and has issued a decision on tax imposition or a decision on imposition of
penalties for incorrect declaration of codes, tariff rates or tax amount of
such goods.
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1. Penalties for
exporting, importing or transporting goods banned from export or banned from
import into Vietnam, except for the cases specified in clauses 3 and 4 of this
Article are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed in a case where the exhibit
is worth less than VND 20,000,000;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed in a case where the exhibit
is worth from VND 20,000,000 to less than VND 50,000,000;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed in a case where the exhibit
is worth from VND 50,000,000 to less than VND 70,000,000;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed in a case where the exhibit
is worth from VND 70,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed in a case where the exhibit
is worth VND 100,000,000 or more but below the value that is liable to criminal
prosecution.
2. Penalties for
exporting, importing or transporting goods suspended from export or suspended
from import into Vietnam, except for the cases specified in clauses 3 and 4 of
this Article are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed in a case where the exhibit is
worth less than VND 20,000,000;
b) A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed in a case where the exhibit
is worth from VND 20,000,000 to less than VND 50,000,000;
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d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed in a case where the exhibit
is worth from VND 70,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 70,000,000 to VND 80,000,000 shall be imposed in a case where the exhibit
is worth VND 100,000,000 or more but below the value that is liable to criminal
prosecution.
3. Penalties for
illegally bringing in or out of the territory of the Socialist Republic of
Vietnam narcotics, weapons and firecrackers of all types on the list of goods
banned from export or import or the list of goods suspended from export or import
shall be imposed as prescribed in the Government’s Decree
No. 282/2025/ND-CP dated October 30, 2025.
4. Penalties for
transporting elephant ivory or rhino horns which are banned from export or
import shall be imposed as prescribed in Article 25 of the Government’s Decree
No. 146/2026/ND-CP dated May 06, 2026; for export or import of elephant
ivory or rhino horns which are banned from export or import shall be the same
as those imposed for the act of “illegal storage, trading, export, import or
processing of forest products” prescribed in Article 26 of the Decree No.
146/2026/ND-CP.
5. Additional penalties:
Confiscation of the
exhibits of administrative offences in case of commission of the offences in
clauses 1 and 2 of this Article, except the exhibits subject to the remedial
measures specified in points a and b clause 6 of this Article.
6. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export,
during the effective period of the decision on penalty imposition, of the
exhibits which are imported goods or items detrimental to human, animal and
plant health and the environment in case of commission of the offences in this
Article;
b) Enforced destruction
of the exhibits which are indecent materials; cultural products banned from
dissemination or circulation or subject to the decision to terminate
dissemination or circulation; publications banned from dissemination or sale in
Vietnam; exports detrimental to human, animal and plant health and the environment
in case of commission of the offences in this Article;
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Article
17. Export, import, temporary import for re-export, transit and merchanting
trade of goods with images and contents inaccurately representing national
sovereignty or with other contents affecting security, politics, economy,
society and diplomatic relations of Vietnam
1. Penalties for export
or import of goods with images and contents inaccurately representing national
sovereignty or with other contents affecting security, politics, economy,
society and diplomatic relations of Vietnam are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed where the quantity of
exhibits being violating goods is fewer than 20 units;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed where the quantity of
exhibits being violating goods is from 20 to fewer than 50 units;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed where the quantity of
exhibits being violating goods is from 50 to fewer than 70 units;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed where the quantity of
exhibits being violating goods is from 70 to fewer than 100 units;
dd) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed where the quantity of
exhibits being violating goods is 100 units or more.
2. Additional penalties:
Confiscation of the
exhibits which are goods with images and contents inaccurately representing
national sovereignty or with other contents affecting security, politics,
economy, society and diplomatic relations of Vietnam in case of commission of
the offences in clause 1 of this Article.
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Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and disguised
or destroyed in contravention of the law in case of commission of the offences
in this Article.
Article
18. Export, import, temporary import for re-export, transit and merchanting
trade of goods falsely claiming Vietnamese origin
1. Penalties for export,
import, temporary import for re-export, transit and merchanting trade of goods
falsely claiming Vietnamese origin are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed where the exhibit is worth less
than VND 30,000,000;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed where the exhibit is worth
from VND 30,000,000 to less than VND 50,000,000;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed where the exhibit is worth
from VND 50,000,000 to less than VND 70,000,000;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed where the exhibit is worth
from VND 70,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 70,000,000 to VND 100,000,000 shall be imposed where the exhibit is worth
VND 100,000,000 or more.
2. Additional penalties:
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3. Remedial measures:
a) Enforced destruction
of the exhibits which are goods or items detrimental to human, animal and plant
health and the environment, and indecent materials in case of commission of the
offences in this Article;
b) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in this Article.
Article
19. Offences against regulations on export and import of goods subject to
quotas, licenses, conditions, technical standards and technical regulations
1. Offences against
regulations on export or import of goods under conditions, technical standards
and technical regulations include:
a) Export or import of
goods that fail to satisfy conditions, technical standards and technical
regulations;
b) Export or import of
goods subject to specialized inspection but failure to notify specialized
inspection results as prescribed by law.
2. Goods are imported
without a proof of origin which, as per regulations, is required to prove that
such goods are not originated from countries that pose a risk of causing harm
to social safety, community health or environmental hygiene requiring control.
3. Penalties for the
offences specified in clauses 1 and 2 of this Article are as follows:
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b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed where the exhibit is worth
from VND 20,000,000 to less than VND 30,000,000;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed where the exhibit is worth
from VND 30,000,000 to less than VND 50,000,000;
d) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed where the exhibit is worth
from VND 50,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed where the exhibit is worth
VND 100,000,000 or more but below the value that is liable to criminal
prosecution.
4. Penalties for export
or import of goods in excess of allocated quotas (if any) or export or import
of goods without export or import licenses (if required) are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed where the exhibit is worth
less than VND 20,000,000;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed where the exhibit is worth
from VND 20,000,000 to less than VND 50,000,000;
c) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed where the exhibit is worth
from VND 50,000,000 to less than VND 70,000,000;
d) A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed in a case where the exhibit is
worth from VND 70,000,000 to less than VND 100,000,000;
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5. A fine that is twice
as much as the fine imposed for the offence specified in this Article shall be
imposed where the customs declarant fails to submit the customs dossier within
30 days from the date on which the goods arrive at the border checkpoint.
6. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits being imports within 30 days from the date on which the decision on
penalty imposition is received in case of commission of the offences in this
Article; except the imports licensed by the competent authority within the time
limit mentioned in this point;
b) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in this Article.
7. The licenses,
conditions, technical standards, and technical regulations referred to in this
Article are those prescribed in the Law on Foreign Trade Management No.
05/2017/QH14 and other legislative documents providing for licenses,
conditions, technical standards, and technical regulations applicable to
exports and exports; conditions concerning business entities that traders must
satisfy when conducting export and import activities.
Article
20. Offences against regulations on export and import of goods on the list of
goods exported or imported by designated traders
1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for exporting or importing
goods on the list of goods exported or imported by designated traders without a
designation document issued by a competent authority as prescribed.
2. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of the
exhibits being imports within 30 days from the date on which the decision on
penalty imposition is received in case of commission of the offences in this
Article; except the goods designated by the competent authority in writing to
be imported within the time limit specified in this point;
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Article
21. Offences against regulations on temporary
import for reexport and temporary export for re-import of goods
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Temporarily importing
for re-export of goods (except for goods temporarily imported for re-export)
without a license for temporary import for re-export though such license is
compulsory;
Temporarily exporting for
re-import of goods without a license for temporary export for re-import though
such license is compulsory, except the case specified in point b clause 2 of
this Article.
2. A fine ranging from
VND 20,000,000 VND to VND 40,000,000 shall be imposed for any of the following
offences:
a) Temporarily importing
for re-export (except for goods temporarily imported for re-export) of goods
banned from import or export or goods suspended from import or export;
b) Temporarily exporting
for re-import of goods banned from import or export or goods suspended from
import or export without a license for temporary export for re-import;
c) Temporary import for
re-export of goods on the list of goods to be temporarily imported for
re-export under certain conditions without satisfying the conditions for
temporary import for re-export.
3. A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for temporary import for
re-export of goods without a license though a license is compulsory, except for
the case specified in clause 4 of this Article.
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5. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for temporary import
for re-export of goods on the list of goods banned from temporary import
for re-export or suspended from temporary import for re-export.
6. Additional penalties:
Confiscation of the
exhibits of administrative offences in case of commission of the offences in
clauses 2 and 4 of this Article, except the exhibits subject to the remedial
measures specified in points b and c clause 7 of this Article.
7. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export at the
border checkpoint of import of the exhibits during the effective period of the
decision on penalty imposition in case of commission of the offences in point a
clause 1, clause 3 and clause 5 of this Article;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export at the
border checkpoint of import, during the effective period of the decision on
penalty imposition, of the exhibits which are goods or items detrimental to
human, animal and plant health and the environment in case of commission of the
offences in clauses 2 and 4 of this Article;
c) Enforced destruction
of the exhibits which are indecent materials; cultural products banned from
dissemination or circulation or subject to the decision to terminate
dissemination or circulation; publications banned from dissemination or sale in
Vietnam; exports detrimental to human, animal and plant health and the
environment in case of commission of the offences in this Article;
d) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in this Article.
Article
22. Offences against regulations on transit and merchanting trade of goods
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2. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
offences:
a) Transiting goods
without a license though a license is compulsory;
b) Merchanting trade of
goods on the list of goods banned from export or import or goods suspended from
export or import or goods which have yet to be permitted for sale or use in
Vietnam without a license as prescribed.
3. A fine ranging from
VND 50,000,000 to VND 80,000,000 shall be imposed for merchanting trade of
goods on the list of goods banned or suspended from merchanting trade.
4. Additional penalties:
Confiscation of the
exhibits of administrative offences in case of commission of the offences in
clauses 2 and 3 of this Article, except the exhibits subject to the remedial
measures specified in points b and c clause 5 of this Article.
5. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export at the
border checkpoint of import of the exhibits during the effective period of the
decision on penalty imposition in case of commission of the offence in clause 1
of this Article; except the exhibits being goods subject to the remedial
measure specified in point c clause 5 of this Article or goods in transit
licensed by the competent authority during the effective period of the decision
on penalty imposition;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export at the
border checkpoint of import, during the effective period of the decision on penalty
imposition, of the exhibits which are goods or items detrimental to human,
animal and plant health and the environment in case of commission of the
offences in clauses 2 and 3 of this Article;
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d) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in this Article.
Article
23. Offences against regulations on labeling of imports
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for importing goods bearing an
original label on which contents are illegible as prescribed by the law on
goods labels but the importer fails to remedy the situation.
2. Penalties for
importing goods whose labels incorrectly contain the compulsory contents
prescribed by the law on labels of imports (except the offences specified in
Article 18 of this Decree) are as follows:
a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed where the exhibit is worth less
than VND 5,000,000;
b) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed where the exhibit is worth from
VND 5,000,000 to less than VND 10,000,000;
c) A fine ranging from
VND 3,000,000 to VND 7,000,000 shall be imposed where the exhibit is worth from
VND 10,000,000 to less than VND 20,000,000;
d) A fine ranging from
VND 7,000,000 to VND 10,000,000 shall be imposed where the exhibit is worth
from VND 20,000,000 to less than VND 30,000,000;
dd) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed where the exhibit is worth
from VND 30,000,000 to less than VND 50,000,000;
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g) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed where the exhibit is worth
from VND 70,000,000 to less than VND 100,000,000;
h) A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed where the exhibit is worth
VND 100,000,000 or more.
3. Penalties for
importing goods without original labels though original labels are compulsory:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed where the exhibit is worth less
than VND 5,000,000;
b) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed where the exhibit is worth from
VND 5,000,000 to less than VND 10,000,000;
c) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed where the exhibit is worth
from VND 10,000,000 to less than VND 20,000,000;
d) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed where the exhibit is worth from
VND 20,000,000 to less than VND 30,000,000;
dd) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed where the exhibit is worth
from VND 30,000,000 to less than VND 50,000,000;
e) A fine ranging from
VND 25,000,000 to VND 35,000,000 shall be imposed where the exhibit is worth
from VND 50,000,000 to less than VND 70,000,000;
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h) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more.
4. Remedial measures:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of the
exhibits of the administrative offences in this Article during the effective
period of the decision on penalty imposition;
b) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offences in this Article.
Article
24. Offences against regulations on management of bonded warehouses, container
freight stations, duty-free shops, venues for customs clearance, customs
inspection and supervision
1. A fine ranging from
VND 1,000,000 VND to VND 2,000,000 shall be imposed for any of the following
offences:
a) Taking goods,
machinery and equipment from the domestic market into a bonded warehouse
serving packaging, classification or maintenance without notifying the customs
authority;
b) Providing package
reinforcement, splitting and packaging services; consolidation, classification,
preservation and sampling of goods in a bonded warehouse without notifying the
customs authority for monitoring and supervision;
c) Transferring the
ownership of goods in a bonded warehouse without notifying the customs
authority for management and monitoring;
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2. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following
offences:
a) Moving goods from one
bonded warehouse to another without a written permission from the competent
person of the customs authority managing the bonded warehouse;
b) Expanding, narrowing
or relocating a duty-free shop, bonded warehouse, off-airport cargo terminal,
container freight station or venue for customs clearance, customs inspection
and supervision without permission from the customs authority;
c) Providing services not
permitted in a bonded warehouse or container freight station;
d) Failure to implement
the reporting regime applicable to a bonded warehouse or container freight
station within the prescribed time limit.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Sending goods which,
by law, must not be stored in bonded warehouses to a bonded warehouse;
b) Concealing and
disguising goods in a bonded warehouse;
c) Destroying goods
stored in a bonded warehouse against the law.
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a) Confiscation of the
exhibits of the administrative offence in point b clause 3 of this Article;
b) Confiscation of the exhibits
of the administrative offence in point a clause 3 of this Article in case the
exhibits are goods banned from export or import or goods suspended from export
or import; except the exhibits subject to the remedial measures specified in
points b and c clause 5 of this Article.
5. Remedial measures:
a) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed in contravention of the law in case of commission of the
offence in point b clause 3 of this Article;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam of the exhibits during the
effective period of the decision on penalty imposition in case of commission of
the offence in point a clause 3 of this Article, except the exhibits subject to
the remedial measure specified in point c clause 5 of this Article;
c) Enforced destruction
of the exhibits which are indecent materials; cultural products banned from dissemination
or circulation or subject to the decision to terminate dissemination or
circulation; publications banned from dissemination or sale in Vietnam; exports
detrimental to human, animal and plant health and the environment in case of
commission of the offence in point a clause 3 of this Article;
d) Enforced removal of
infringing elements on goods labels before removal of the exhibits of
administrative offences from the territory of the Socialist Republic of Vietnam
in case of commission of the offence in point a clause 3 of this Article with
regard to goods falsely claiming Vietnamese origin.
Article
25. Offences against regulations on management of exports and imports at ports,
warehouses, depots and venues for customs clearance, goods gathering and
customs inspection and supervision
1. A fine ranging from
VND 1,000,000 VND to VND 3,000,000 shall be imposed for any of the following
offences:
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b) Failure to arrange
goods in a port, warehouse or depot according to the supervision and management
request of the customs authority.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Failure to adhere to
regulations on management, production of statistics, archiving of documents and
books and storage data on goods entering and leaving a port, warehouse or depot
as prescribed by law, and present and provide them for the customs authority on
request;
b) Failure to provide
information to and cooperate with the customs authority in monitoring,
inspecting and supervising goods being taken in, out and stored in a port,
warehouse, depot or venue for customs clearance, goods gathering and customs
inspection and supervision.
3. A fine ranging from
VND 40,000,000 ND to VND 60,000,000 shall be imposed for permitting goods to be
released from a port, warehouse or depot when not informed that the goods is
eligible for release from the supervision area or when informed that the
release of goods from the supervision area has been suspended.
Article
26. Offences against regulations on enforcement of administrative decisions
1. A fine ranging from
VND 1,000,000 ND to VND 5,000,000 shall be imposed for deliberate failure to
deduct part of salary or income of a person subject to enforcement under the
customs authority’s enforcement decision.
2. A fine ranging from
VND 5,000,000 ND to VND 10,000,000 shall be imposed for failure to deduct and
transfer money of an individual or organization subject to enforcement of the
administrative penalty decision issued by a competent person, except the case
specified in clause 3 of this Article.
3. A fine equal to the
outstanding tax payable of a taxpayer shall be imposed upon a credit
institution, foreign bank branch, payment service provider or intermediary
payment service provider for its failure to fulfill the responsibility to
deduct and transfer the outstanding tax payable by a taxpayer from the
taxpayer’s account to the state budget’s account at the request of the tax
administration authority, unless the taxpayer’s accounts no longer have
sufficient balance or the balance of such accounts has been transferred in
whole to the state budget’s account but remains insufficient to pay the
outstanding tax payable by the taxpayer.
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a) Failure to provide
information or to provide correct information, documents and details of transactions
related to exports, imports or inbound or outbound means of transport that are
made via the taxpayer’s account at the credit institution at the request of the
customs authority as prescribed by law;
b) Collaborating with or
screening a taxpayer that commits the act of tax evasion or fails to implement
the decision on enforcement of tax-related administrative decisions in the
field of customs.
Chapter
III
POWER TO
IMPOSE PENALTIES AND CERTAIN PROCEDURES FOR IMPOSING PENALTIES FOR
ADMINISTRATIVE CUSTOMS OFFENCES
Article
27. Imposition of measures for preventing administrative offences and ensuring
imposition of penalties for administrative offences
1. The imposition of
measures for preventing administrative offences and ensuring imposition of
penalties for administrative offences shall comply with Part 4 of the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended and supplemented
by the Law No. 67/2020/QH14 and Law No. 88/2025/QH15, and provisions of this
Decree.
2. If both goods being exhibits
of administrative offences and goods not being exhibits of administrative
offences are in the same shipment, only goods being exhibits of administrative
offences shall be impounded.
3. If the exhibits are
cash in foreign currencies or Vietnamese currency in cash of a person entering
or leaving Vietnam with a passport or passport alternative issued by a
Vietnamese or foreign competent authority or laissez-passer, only the amount in
excess of the allowance that is not subject to customs declaration shall be
impounded as prescribed by law.
Article
28. Power to make records of administrative offences
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2. Persons of the
People’s Army Forces and civil servants of the agencies prescribed in Articles
29, 30, 31, 32 and 33 of this Decree who are performing their duties have the
power to make records of administrative offences.
3. If any administrative
customs offence is committed on board an aircraft, seagoing vessel, inland
waterway vehicle or train, the person having the power to make records of
administrative offences or the pilot in command, vessel captain or trainmaster
or the person tasked by the pilot in command, vessel captain or trainmaster
shall make a record of that administrative offence record and immediately
transfer it to the person having the power to impose penalties for
administrative offences specified in Article 29, 30, 31, 32 or 33 of this
Decree within 03 working days from the date on which he/she returns to shore or
from the date on which the aircraft, seagoing vessel, inland waterway vehicle
or train arrives at the aerodrome, the wharf or the terminal.
Article
29. Power to impose penalties of People’s Committees at all levels
1. Chairpersons of
commune-level People’s Committees have the power to:
a) Issue warnings;
b) Impose a fine up to VND
50,000,000 upon an individual and up to VND 100,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, b, c, d, dd, e, i and k clause 5 Article 6 of
this Decree.
2. Chairpersons of
provincial-level People’s Committees have the power to:
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b) Impose a fine up to
VND 100,000,000 upon an individual; up to VND 200,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, b, c, d, dd, e, i and k clause 5 Article 6 of
this Decree.
Article
30. Power to impose penalties for administrative offences of the customs
Heads of Border
Checkpoint/Out-Of-Checkpoint Customs Offices, Customs Procedure Inspection and
Post Clearance Audit Teams, Directors of Regional Sub-departments of Customs,
Director of Sub-department of Anti-Smuggling and Investigation, Directors of
Sub-departments of Post Clearance Audit and Director General of Department of
Customs of Vietnam have the power to impose penalties for the acts of making
understatement of tax payable or overstatement of tax amount exempted, reduced,
refunded or cancelled; tax evasion; commercial banks' failure to deduct and
transfer the outstanding tax payable by a taxpayer from the taxpayer’s account
to the state budget’s account at the request of the tax administration
authority as specified in clause 3 Article 44 of the Law on Tax Administration
No. 108/2025/QH15.
For other administrative
offences, the power to impose penalties of the customs is as follows:
1. Customs officials in
the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 upon an individual; up to VND 10,000,000 upon an organization;
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2. Heads of Border
Checkpoint/Out-Of-Checkpoint Customs Offices, Customs Procedure Inspection and
Post Clearance Audit Teams, Customs Clearance Teams, and Customs Control Teams
under the control of Regional Sub-departments of Customs; Heads of
Anti-smuggling Control Teams under the control of the Anti-smuggling
Investigation Sub-department; Heads of Regional Post Clearance Audit Teams
under the control of Sub-departments of Post Clearance Audit have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 30,000,000 upon an individual; up to VND 60,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause;
d) Enforce the remedial
measures specified in clause 5 Article 6 of this Decree.
3. Director of
Sub-department of Anti-Smuggling and Investigation, Directors of
Sub-departments of Post Clearance Audit and Directors of Regional
Sub-departments of Customs have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 upon an individual; up to VND 100,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
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4. The Director General
of the Department of Customs of Vietnam has the power to:
a) Issue warnings;
b) Impose a fine up to
VND 100,000,000 upon an individual; up to VND 200,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in clause 5 Article 6 of this Decree.
Article
31. Power to impose penalties of the Border Guard
1. Soldiers of the Border
Guard in the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 upon an individual; up to VND 10,000,000 upon an organization;
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2. Station Heads or Team
Leaders in charge of the persons specified in clause 1 of this Article have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 10,000,000 upon an individual; up to VND 20,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause;
d) Enforce the remedial
measures specified in point dd clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Leaders of Task Force
Teams for Drug and Crime Prevention and Control which are put under the control
of Task Force Commissions for Drug and Crime Prevention and Control have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 15,000,000 upon an individual; up to VND 30,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause;
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4. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas and Commanding Officers of
Border Guard Commands at port border checkpoints have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 30,000,000 upon an individual; up to VND 60,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
5. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 upon an individual; up to VND 100,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
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6. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons; Director
General of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose a fine up to VND
100,000,000 upon an individual; up to VND 200,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
Article
32. Power to impose penalties of the Coast Guard
1. Police Officers of the
Coast Guard in the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 upon an individual; up to VND 10,000,000 upon an organization;
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2. Coast Guard Team
Leaders have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 10,000,000 upon an individual; up to VND 20,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause.
3. Heads of Coast Guard
Units or Coast Guard Stations have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 20,000,000 upon an individual; up to VND 40,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause;
d) Enforce the remedial
measures specified in point dd clause 1 Article 28 of the Law on Handling of
Administrative Violations.
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a) Issue warnings;
b) Impose a fine up to
VND 30,000,000 upon an individual; up to VND 60,000,000 upon an organization;
c) Confiscate the
exhibits of the administrative offence whose value does not exceed twice the
fine specified in point b of this clause;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
5. Captains of Coast
Guard Squadrons; Heads of Reconnaissance Commissions, Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of Vietnam
Coast Guard have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 upon an individual; up to VND 100,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
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a) Issue warnings;
b) Impose a fine up to
VND 80,000,000 upon an individual; up to VND 160,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial measures
specified in points a, dd and e clause 5 Article 6 of this Decree.
7. Vietnam Coast Guard
Commander has the power to:
a) Issue warnings;
b) Impose a fine up to
VND 100,000,000 upon an individual; up to VND 200,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
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1. Soldiers of People’s Public
Security Forces in the performance of their duties have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 10,000,000 upon an individual; up to VND 20,000,000 upon an organization;
c) Confiscate the
exhibits whose value does not exceed twice the fine specified in point b of
this clause.
2. Heads of Police
Offices at International Airports, Heads of Immigration Offices under
provincial public security departments have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 80,000,000 upon an individual; up to VND 160,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
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a) Issue warnings;
b) Impose a fine up to
VND 100,000,000 upon an individual; up to VND 200,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
4. Director General of
Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes; Director General of Immigration Department have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 100,000,000 upon an individual; up to VND 200,000,000 upon an organization;
c) Confiscate exhibits of
administrative offences;
d) Enforce the remedial
measures specified in points a, dd and e clause 5 Article 6 of this Decree.
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1. In case an
administrative offence case involves multiple acts of offence, the power to
impose penalties for an administrative offence shall be determined according to
the following principles:
a) If
the penalties, fines, value of the exhibits or instrumentalities of the
administrative offence that are confiscated and remedial measures for any of
the acts of in such case are beyond the power of a competent person, that
person shall transfer the case to an authority competent to impose
administrative penalties for this case;
Where the case is beyond
the power of a Director of a Regional Sub-department of Customs, the Director
of the Regional Sub-department of Customs shall transfer it to the Chairperson
of the People’s Committee of the province where the offence is committed so as
for him/her to issue a penalty imposition decision.
Where the case is beyond
the power of the Director of the Sub-department of Anti-Smuggling and
Investigation or the Director of the Sub-department of Post Clearance Audit
under the Department of Customs of Vietnam, such person shall transfer it to
the Director General of the Department of Customs of Vietnam so as for him/her
to issue a penalty imposition decision;
b) If the acts of offence
fall within the power of multiple persons specialized in various sectors, the
Chairperson of the competent People’s Committee of the area where such acts of
offence are committed shall impose the penalties for this case.
2. Penalties for all acts
of violation of the customs law committed within a customs area shall be
imposed by the customs authority assigned to manage that customs area within
its power prescribed in this Decree; if an act of violation is discovered by
the Director of the Sub-department of Anti-Smuggling and Investigation or the
Director of the Sub-department of Post Clearance Audit under the Department of
Customs of Vietnam, penalties shall be imposed within his/her power.
For an administrative
offence case which the Sub-department of Anti-Smuggling and Investigation and
the Regional Sub-departments of Customs cooperate in discovering, investigating
and verifying but cannot determine which authority or unit was the first to
handle the case, the Sub-department of Anti-Smuggling and Investigation or the
Regional Sub-departments of Customs shall impose penalties for that case within
its power.
3. The persons who have
the power to impose penalties of the customs authorities also have the power to
impose penalties for administrative offences and impose remedial measures
against the administrative offences prescribed in this Decree within their
power specified in Article 28 of this Decree and within the bounds of their
assigned functions, duties and powers.
4. Chairpersons of
People’s Committees at all levels have the power to impose penalties for
administrative offences and remedial measures against the administrative
offences prescribed in Articles 8, 9, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21,
22, 23, 24 and 25 of this Decree within their power specified in Article 29of
this Decree and within the bounds of their assigned functions, duties and
powers.
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6. At locations within
Vietnam’s territorial waters where customs authorities is not available,
persons having the power to impose penalties of the local Vietnam Coast Guard
have the power to impose fines and additional penalties and remedial measures
against the administrative customs offences specified in Article 14 of this
Decree within their power specified in Article 32 of this Decree and within the
bounds of their assigned functions, duties, powers and areas of territorial
waters.
7. People’s Public
Security Forces have the power to impose fines and additional penalties for and
remedial measures against the administrative customs offences specified in
Article 14 of this Decree within their power specified in Article 33 of this
Decree and within the bounds of their assigned functions, duties and powers.
Article
35. Procedure for imposing penalties and implementing decisions on penalty
imposition
1. The procedures for
imposing penalties and implementing administrative penalty decisions shall
comply with Chapter III Part 2 of the Law on Handling of Administrative
Violations No. 15/2012/QH13 and clauses 29 through 45 Article 1 of the Law No.
67/2020/QH14 and Law No. 88/2025/QH15; Law on Tax Administration No.
108/2025/QH15 and documents on elaboration of some Articles and measures for
organizing and providing guidelines for implementation of the Law on Tax
Administration No. 108/2025/QH15.
2. If the remedial
measures in points a, b and dd clause 5 Article 6 of this Decree specified in
the decision to impose penalties for the administrative offences prescribed in
clause 7 Article 8; point a clause 9 Article 12; point d clause 8 Article 13;
points b and c clause 8 Article 14; point a clause 6 Article 16; point a clause
6 Article 19; point a clause 2 Article 20; points a and b clause 7 Article 21;
points a and b clause 5 Article 22; point a clause 4 Article 23; point b clause
5 Article 24 of this Decree fail to be implemented within 30 days from the
expiry date of the decision on penalty imposition or decision on imposition of
remedial measures, the competent persons specified in Article 29; clauses 2, 3
and 4 Article 30; clauses 2, 3, 4, 5 and 6 Article 31; clauses 3, 4, 5, 6 and 7
Article 32; clauses 2, 3 and 4 Article 33 of this Decree shall impose
additional penalties or remedial measures as follows:
a) Enforced destruction
of the exhibits which are goods or items detrimental to human, animal and plant
health and the environment, and indecent materials. A record of destruction of
exhibits/instrumentalities of administrative offences shall be made using the
Form MBB21 in the Appendix - Several forms used in imposition of penalties for
administrative offences to the Decree No. 118/2021/ND-CP;
b) Confiscation of other
types of exhibits other than those specified in point a of this clause. A
record of confiscation of exhibits/instrumentalities of administrative offences
shall be made using the Form MBB20 in the Appendix - Several forms used in
imposition of penalties for administrative offences to the Decree No.
118/2021/ND-CP;
3. Upon imposing the
remedial measures specified in points a, b and dd clause 5 Article 6 of this
Decree, the decision on imposition of penalties for administrative offences or
decision on imposition of remedial measures must explicitly state the
imposition of the measure in the form of confiscation or enforced destruction
specified in clause 2 of this Article.
4. Where the time limit
specified in clause 2 of this Article is yet to expire, a violating
organization or individual requests the customs authority in writing to impose
the remedial measure in the form of enforced destruction of the exhibits which
are goods or items detrimental to human, animal and plant health and the
environment, and indecent materials; confiscation of other types of exhibits
due to their impossibility of implementing the remedial measures prescribed in
points a, b, and dd clause 5 Article 6 of this Decree, the competent persons
prescribed in Article 29; clauses 2, 3, and 4 Article 30; clauses 2, 3, 4, 5
and 6 Article 31; clauses 3, 4, 5, 6 and 7 Article 32; clauses 2, 3 and 4
Article 33 of this Decree shall consider making a decision.
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1. When an individual or
organization implements the measure in the form of enforced removal from the
territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits/instrumentalities of an administrative offence, the customs authority
shall carry out a close supervision from the place of storing violating goods
to the border checkpoint of re-export.
The supervision results
must be certified by the border checkpoint customs in writing or by other
electronic means and sent back to the customs authority that issued the
administrative penalty decision within 05 days from the date on which the
exhibits/instrumentalities of the administrative offence are removed from the
territory of Vietnam or re-exported for keeping of the case file.
2. The measure in the
form of enforced removal from the territory of the Socialist Republic of
Vietnam or enforced re-export at the import checkpoint of exhibits/instrumentalities
involved in an administrative offence shall be implemented as follows:
a) If the
exhibits/instrumentalities of the administrative offence is being stored at the
border checkpoint area, the customs authority must carry out a close supervision
to ensure that the exhibits/instrumentalities have been removed at the
checkpoint of import. The supervision results are specified in a record for
customs dossier keeping purpose;
b) If the
exhibits/instrumentalities of the administrative offence are no longer stored
at the border checkpoint area, the customs authority must carry out a close
supervision from the place of storing the exhibits/instrumentalities involved
in the offence to the border checkpoint through which it was imported for re-export.
The supervision results must be certified by the border checkpoint customs in
writing or by other electronic means and sent back to the customs authority
that issued the administrative penalty decision within 05 days from the date on
which the exhibits/instrumentalities of the administrative offence are removed
from the territory of Vietnam or re-exported for keeping of the case file.
3. When an individual or
organization implements the measure in the form of enforced transport of the
goods in transit, transshipped goods, goods involved in the merchanting trade
transactions, goods moved from one customs-controlled area to another or goods
temporarily imported for re-export at the correct border checkpoint or on the
correct route as prescribed, the border checkpoint customs of the area from
which the goods are transported shall supervise the goods transported and
cooperate with the border checkpoint customs of the area to which the goods are
transported or related agencies to ensure that the goods are transported at the
correct border checkpoint or on the correct route as prescribed.
4. Upon implementing the
measure in the form of enforced removal of goods packages or labels that are changed
due to an offence, the individual or organization that commits the
administrative offence may strip, remove the goods packages or labels or
restore their original condition.
Upon implementing the
measure in the form of enforced removal of infringing elements on goods labels
before they are removed from the territory of the Socialist Republic of
Vietnam, the individual or organization that commits the administrative offence
may delete, strip or remove such elements.
5. Upon implementing the measure
in the form of enforced destruction of goods or items detrimental to human,
animal and plant health and the environment or indecent materials, the
individual or organization that commits the administrative offence shall,
according to the nature and characteristics of the goods or items and
requirements for maintaining environmental hygiene, destroy them by the
following methods: use of chemicals or mechanical measures, burning, burial or
other methods as prescribed by law. The customs authority shall supervise the
destruction directly or carry out supervision by other technical means (if
any).
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The destruction record
shall bear signatures of participants in the destruction and representative of
the customs authority supervising the destruction. After the destruction, the
individual or organization that commits the administrative offence shall submit
01 destruction record and documents about the destruction to the customs
authority that issued the administrative penalty decision within 05 days from
the date of destruction.
6. Upon implementing the
measure in the form of enforced payment of an amount equal to the value of the
exhibits that have been sold, concealed and disguised or destroyed in
contravention of the law, the individual or organization that commits the
administrative offence shall pay the corresponding amount written on the
penalty imposition decision.
7. Upon implementing the
measure in the form of enforced payment of the evaded tax amount or outstanding
tax amount; enforced payment of the tax amount incorrectly exempted, reduced,
refunded or cancelled which is written on the decision on tax imposition, the
individual or organization that commits the administrative offence shall make a
full payment thereof to the State Treasury’s account and send 01 photocopy of
the payment slip (if making the payment in cash) to the customs authority that
issued the administrative penalty decision for monitoring of the case and
keeping of the case file.
8. Upon implementing the
measure in the form of enforced sticking of the “VIETNAM DUTY NOT PAID” stamp
as prescribed, the individual or organization that commits the administrative
offence shall stick the stamp before selling goods at a duty-free shop or
transferring goods to the purchaser in the case where the goods are directly
dispatched from the duty-free warehouse to the purchaser. The location of
sticking the “VIETNAM DUTY NOT PAID” stamp shall comply with the Government’s
regulations on duty-free business.
Article
37. Online imposition of penalties for administrative offences
1. Preparation of
electronic administrative offence records
a) An electronic
administrative offence record prepared and sent in compliance with electronic
transaction requirements in the customs field shall serve as the basis for the
tax authority to issue the administrative penalty decision.
b) The electronic
administrative offence record must specify the time and place of preparation;
information on the person preparing the record; information on the violating
individual or organization; digital signature of the person preparing the
record; time and place of commission of the offence; act of administrative
offence; rights and time limit for giving explanations about the offender’s
act; authority receiving the explanations.
2. Issuance of electronic
administrative penalty decisions
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b) The electronic
administrative penalty decision has the same legal validity as that of a
physical one and serves as a basis for organizing the enforcement of the
penalty decision.
3. Every customs
authority shall develop an information technology system that enables the
online preparation and sending of electronic administrative offence
records and online handling of administrative offences in accordance with the
law on handling of administrative violations. Once the information technology
system satisfies the conditions for preparing and sending electronic
administrative offence records for customs offences, administrative offences
shall be handled electronically in accordance with the law on handling of
administrative violations.
Chapter
IV
IMPLEMENTATION
CLAUSE
Article
38. Effect
1. This Decree comes into
force from July 01, 2026.
2. From the effective
date of this Decree, the Government’s Decree No. 128/2020/ND-CP dated October
19, 2020 and Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 shall cease to have effect.
Article
39. Transitional clauses
1. The provisions of this
Decree shall apply to the administrative offences which have been committed and
terminated before the effective date of this Decree but have been detected or
are put under consideration for issuance of a penalty decision when this Decree
takes effect if this Decree does not provide for legal liability or impose less
serious legal liability.
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Article
40. Responsibility for implementation
Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities, and relevant organizations
and individuals are responsible for the implementation of this Decree./.
FOR THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Nguyen Van Thang