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THE MINISTRY OF TRADE
THE MINISTRY OF PUBLIC SECURITY
THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
THE GENERAL DEPARTMENT OF CUSTOMS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
21/1999/TTLT/BTM-BCA-BGTVT-TCHQ
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Hanoi, June 23, 1999
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JOINT CIRCULAR
GUIDING THE ORGANIZATION AND COORDINATION IN
THE FIGHT AGAINST TRANSPORTATION OF SMUGGLED GOODS ON RAILWAY LINES
In execution of Directive No. 853/1997/CT-TTg of
October 11, 1997 of the Prime Minister on the fight against smuggling and
Official Dispatch No. 4104/VPCP-VI of October 12, 1998 of the Minister-Director
of the Government Office on the implementation of Directive No.
853/1997/CT-TTg;
The Ministry of Trade, the Ministry of
Communications and Transport, the Ministry of Public Security and the General
Department of Customs jointly provide the following guidance for a number of
points in the organization and coordination in the fight against the
transportation of smuggled goods on railway lines:
I. GENERAL PROVISIONS
1. The ministries, the ministerial-level
agencies, the specialized branches and the People’s Committees of various
levels crossed by railways shall have to organize and direct the fight against
smuggling, trade fraud and the transportation of smuggled goods on railway
lines according to their functions and powers already provided for by law.
2. Goods transported on railway lines (including
goods on trains, at the railway platforms and railway stations, in the railway
warehouses and yards) which the railway service has accepted to transport must
have receipts and legal papers accompanying the goods as prescribed by law.
3. The railway service shall have to closely
cooperate with and create conditions for the specialized forces against
smuggling and trade fraud to carry out their tasks.
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5. Organizations and individuals that make
meritorious achievements in the fight against smuggling and trade fraud on
railway lines shall be rewarded as prescribed by law.
II. CONCRETE GUIDANCE ON THE ORGANIZATION AND
COORDINATION IN FIGHTING AGAINST THE TRANSPORTATION OF SMUGGLED GOODS ON
RAILWAY LINES
A.
ASSIGNMENT OF AREAS OF RESPONSIBILITY
1. The customs service shall organize the
carrying out of the task or assume the prime responsibility and coordinate with
the police and the market management force in carrying out inspection and
control of smuggled goods in the area of international transshipment railway
stations at the border and at the border stations of transshipment in the
inland or the places of customs clearance of goods as prescribed by the customs
administration.
2. The market management force shall assume the
prime responsibility and coordinate with the police, customs service and
railway service in conducting inspection and control of goods on railway lines
including station platforms, stations, station yards, station warehouses and on
the trains.
When detecting suspicious signs of smuggled
goods on railway lines, the forces of inspection and control mentioned above
must take the initiative in inspecting and use measures to check violations, at
the same time inform the responsible forces to coordinate with them in
discharging their tasks as prescribed and shall have to take responsibility for
the organization of inspection and control.
3. The People’s Committees of the provinces and
centrally-run cities directly crossed by railway lines shall have to direct the
specialized forces to coordinate actions in carrying out the inspection and
control and handling the violations as prescribed by law.
4. The railway service shall direct the stations
to create favorable conditions for these forces to cooperate in carrying out
the task of fighting against smuggling and trade fraud on railway lines.
B. SOME
REGULATIONS ON INSPECTION AND CONTROL TO DETERMINE THE SMUGGLED GOODS
TRANSPORTED ON RAILWAY LINES
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1.1. For the goods transported in the area of
international transshipment stations at the border:
a/ Goods imported under quota under trade
contracts must be provided with all the papers prescribed in Part II, Section
B, Point 2 of Circular No. 73/TC-TCT of October 20, 1997 of the Ministry of
Finance guiding the regime of invoices and vouchers for goods in circulation on
the market.
b/ Non-quota goods imported without trade
con-tracts must be provided with all the papers stipulated in Part II, Section
B, Point 1 of Circular No. 73/TC-TCT of October 20, 1997 of the Ministry of
Finance. Imported goods bought at border markets must have all the papers
stipulated at Point 4 of Circular No. 17/1999/TT-BTC of February 5, 1999 of the
Ministry of Finance.
c/ Goods which are gifts, presents and luggages
of entrants into Vietnam by railway must have all the papers stipulated in Part
II, Section B, Points 4 and 5 of Circular No. 73/TC-TCT of October 20, 1997 of
the Ministry of Finance.
1.2. For goods transported on inland railway
lines:
Goods circulated in the area of the railways
station include: goods being transported on train, in the railway station, in
the warehouses and yards of the railway station; they must have all the
accompanying receipts and legal papers stipulated in Circular No. 73/TC-TCT of
October 20, 1997 and Circular No. 17/1999/TT-BTC of February 5, 1999 of the
Ministry of Finance.
2. Goods inspection:
2.1. For goods with contracts on railway
transport: the inspection and checking of these goods can be made only at the
loading and unloading railway stations.
2.2. For goods without railway transport
contracts: Inspection and control shall be made on any train and station where
the trains are prescribed to stop for inspection.
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The agency that asks to stop the train shall
have to bear responsibility before law for its action. If no violation is
committed it must compensate the railway service for all the expenditures (if
any) that arise.
C.
HANDLING OF VIOLATIONS
1. All acts of violation concerning smuggling
and trade fraud or transportation of smuggled goods and tax evasion on railway
lines shall be handled according to current provisions of law.
2. The forces having the function of fighting
against the transportation of smuggled goods on railway lines can inspect,
control and handle only violations according to their competence and the
procedures on administrative sanctions as currently prescribed. In case of
serious violation to the extent of examination for penal responsibility, they
shall have to transfer the dossiers and evidences to the specialized agencies
for settlement.
3. All acts of harassment or hindrance to the
fight against smuggling and trade fraud regarding goods transported by railway
thus causing obstruction to railway traffic shall be sanctioned
administratively or examined for penal responsibility.
III. ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect 15 days after its
signing for implementation.
2. The Ministry of Trade, the Ministry of Public
Security, the Ministry of Communications and Transport, the General Department
of Customs and the People’s Committees of the provinces and centrally-run
cities crossed by railways shall, basing themselves on this Circular, issue
guiding documents and direct the implementation thereof by the forces against
smuggling and trade fraud on railway lines.
3. The forces against smuggling and trade fraud
should coordinate their activities in inspecting and controlling the goods
transported on trains, at the international transshipment stations at the
border, the key inland stations and a number of areas easily accessible to
smuggled goods along the railways lines.
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THE
MINISTRY OF TRADE
VICE MINISTER
Ho Huan Nghiem
THE
MINISTRY OF PUBLIC SECURITY
VICE MINISTER
Le The Tiem
THE
MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
VICE MINISTER
Dao Dinh Binh
THE
GENERAL DEPARTMENT OF CUSTOMS
DEPUTY GENERAL DIRECTOR
Nguyen Van Cam