Who should be responsible for the expenses for destruction of material evidences of administrative violations in Vietnam?

Nội dung chính

• In Vietnam, who is responsible for the cost of destroying material evidences of administrative violations?
• In Vietnam, how will the act of intentionally transporting smuggled goods be penalized?

In Vietnam, who is responsible for the cost of destroying material evidences of administrative violations?

Pursuant to Clause 6, Article 3 of Decree No. 98/2020/ND-CP stipulating the explanation of smuggled goods as follows:

- "Smuggled goods" include:

+ Imported goods on the list of goods banned from import or temporarily suspended from import in accordance with law, unless the Prime Minister decides to allow import;

+ Goods imported under permits without import permits or goods imported under conditions that do not satisfy the conditions prescribed by law;

+ Imported goods do not go through the prescribed border gate, do not go through customs procedures as prescribed by law or cheat on the quantity and type of goods when doing customs procedures;

+ Imported goods circulated on the market without invoices and documents attached as prescribed by law or with invoices and vouchers but invoices and documents are illegal according to the provisions of law on management of goods. handling invoices;

+ Goods imported according to the provisions of law must be affixed with import stamps but do not have stamps on the goods as prescribed by law or have stickers but are fake stamps or used stamps.

Pursuant to Clause 5, Article 15 of this Decree, the remedial measures for the act of illegally importing goods are as follows:

- Remedial measures:

+ Forcible destruction of goods and articles harmful to human health, livestock, plants and the environment, cultural products with harmful contents, goods that are not safe for use, for violations. provided for in this Article;

+ Forcible return of illegal profits obtained from committing violations specified in this Article.

Pursuant to Clause 2, Article 85 of the Law on Handling of Administrative Violations 2012 provides for the implementation of remedial measures as follows:

- Individuals and organizations committing administrative violations are responsible for implementing remedial measures stated in decisions in accordance with law and must bear all costs for the implementation of such remedial measures.

Accordingly, the above batch of drugs is considered as smuggled goods and the above behavior may be subject to remedial measures forcible destruction of goods. Therefore, the decision to impose administrative sanctions and request the destruction of the undocumented batch of drugs is legal and the violator must pay the required fee to destroy the above goods.

In Vietnam, how will the act of intentionally transporting smuggled goods be penalized?

Pursuant to Article 15 of Decree 98/2020/ND-CP as amended by Clause 11 Article 3 of Decree 17/2022/ND-CP stipulates acts of trading in smuggled goods as follows:

1. For acts of trading in smuggled goods, the fine levels are as follows:

- A fine of between VND 500,000 and 1,000,000 shall be imposed in case of smuggled goods valued at under VND 3,000,000;

- A fine of between VND 1,000,000 and 2,000,000 shall be imposed in cases where the smuggled goods are valued between VND 3,000,000 and under 5,000,000;

- A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed if the smuggled goods are valued between VND 5,000,000 and under 10,000,000;

- A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed if the smuggled goods are valued between VND 10,000,000 and under VND 20,000,000;

- A fine ranging from VND 6,000,000 to VND 10,000,000 shall be imposed in case the smuggled goods are valued between VND 20,000,000 and under 30,000,000;

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the smuggled goods are valued from VND 30,000,000 to under VND 50,000,000;

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the smuggled goods are valued between VND 50,000,000 and under 70,000,000;

- A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the smuggled goods are valued between VND 70,000,000 and under 100,000,000;

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed in case the smuggled goods are valued at VND 100,000,000 or more.

2. A fine twice the fine level for acts of trading in smuggled goods specified in Clause 1 of this Article in the following cases:

- Violators who directly import smuggled goods valued at under VND 100,000,000 or VND 100,000,000 or more without being examined for penal liability;

- Smuggled goods on the list of goods banned from import or temporarily suspended from import;

- Smuggled goods are food, food additives, food processing aids, food preservatives, preventive and medicinal drugs, medicinal ingredients, cosmetics, medical equipment and chemicals. , insecticidal and germicidal preparations for household and medical use, aquaculture environment treatment products, livestock waste treatment products, veterinary drugs, fertilizers, cement, food animal feed, plant protection drugs, growth stimulants, plant varieties and livestock breeds.

3. The fine levels specified in Clauses 1 and 2 of this Article also apply administrative sanctions to:

- Acts of intentionally transporting smuggled goods;

- Acts of intentionally storing smuggled goods;

- Acts of intentionally delivering and receiving smuggled goods.

4. Additional sanctions:

- Confiscation of material evidences for violations specified in this Article, except for the application of remedial measures specified at Point a, Clause 5 of this Article;

- Confiscate the means of transport in violation, for the violations specified in this Article, in case the exhibits of violation are valued at VND 200,000,000 or more.

5. Remedial measures:

- Forcible destruction of goods and articles harmful to human health, domestic animals, plants and the environment, cultural products with harmful contents, and goods that are not safe for use, for violations. provided for in this Article;

- Forcible return of illegal profits obtained from committing violations specified in this Article.

Pursuant to Clause 4, Article 4 of the Decree above, the fine levels are as follows:

- The maximum fine in the field of commerce and consumer protection is VND 100,000,000 for individuals and VND 200,000,000 for organizations; the maximum fine level in the field of production and trading of counterfeit and banned goods is VND 200,000,000 for individuals and VND 400,000,000 for organizations;

- The fine level specified in Chapter II of this Decree is the fine level applicable to administrative violations committed by individuals, except for the administrative violations specified at Point p, Clause 2, Article 33. , Clause 2, Article 34, Point b, Clause 4, Article 35, Article 68, Article 70, Clauses 6, 7, 8, 9 Article 73 and Clauses 6, 7, 8 Article 77 of this Decree. In case administrative violations are committed by organizations, a fine twice the amount of fines prescribed for individuals shall be imposed.

Best regards!