THE MINISTRY OF TRADE
THE MINISTRY OF THE INTERIOR
THE MINISTRY OF FINANCE
THE GENERAL DEPARTMENT OF CUSTOMS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
07/1997/TTLT/BTM-BNV-BTC-TCHQ
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Hanoi, October
21, 1997
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JOINT-CIRCULAR
GUIDING THE COMBAT AGAINST SMUGGLING UNDER RESOLUTION
No.85/CP-m OF THE GOVERNMENT AND THE CO-ORDINATION OF ANTI-SMUGGLING FORCES
In furtherance of Resolution No. 85/CP-m of the
Government dated 11 July 1997 on the combat against smuggling and the Prime
Ministers directions in Document No. 5670/KTTH of November 7, 1996 regarding
the coordination of forces to combat the circulation inside the country of
illegally imported goods the Ministry of Trade, the Ministry of Finance, the
Ministry of the Interior and the General Department of Customs hereby jointly
provide specific guidance on the following issues to be implemented by branches
and localities:
I.- GENERAL PROVISIONS
1.- The ministries, the ministerial-level
agencies, the agencies attached to the Government and the Peoples Committees of
provinces and cities directly under the Central Government shall combat
smuggling according to their respective assigned functions, duties and powers
in accordance with Decision No.96-TTg of February 18, 1995 of the Government
promulgating the Regulations on responsibilities for coordination of activities
and relations among State management bodies in the market management against
smuggling and illegal trading acts.
2.- Imported goods of business organizations and
individuals which are circulated on the market include goods displayed for sale
in shops, stored in warehouses and transported on road must have receiptsand
vouchers proving their lawful origins of importation. The imported goods must
be transported via the prescribed border gates, declared and complete all
required customs procedures.
3.- Owners of transport means and persons
involved in transporting contraband goods and heads of the involved units shall
be handled in accordance with the law currently in force, depending on the
seriousness of the violations.
4.- The specialized agencies shall have to
intensify the inspection and direction of the anti-smuggling work, bring into
play the role and responsibility of their officials and combat all negative
signs and acts. Procedures shall be carried out only for imported goods having
valid vouchers as stipulated by current laws. Organizations and/or individuals
that act against the regulations shall be dealt with by law.
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1.- Illegally imported goods referred to in this
Circular include:
1.1. Goods which are banned from importation
under current regulations.
1.2. Goods which have been imported not through
the prescribed bordergates or which have not made customs declarations.
1.3. Imported goods which are displayed for sale
at shops, stored in warehouses or transported on road without receipts and
vouchers to prove their lawful origins of importation or with receipts and
vouchers which are not valid under the regulations of the Ministry of Finance.
1.4. Goods subject to import label under the
State regulations but not labelled.
2.- The subjects and localities to be inspected:
2.1. Imported goods of business organizations
and/or individuals of all economic sectors, having sign(s) of violating
paragraph 1 of Part II of this Circular.
2.2. Transportation means showing sign(s) of
being used for the transport of illegally imported goods;
2.3. Areas along the border lines, coastal areas
and places for gathering and consuming illegally imported goods, trade centers;
places of storing and hiding illegally imported goods.
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3.1. From December 1st, 1997 all imported
goods which are being sold without legal and valid vouchers and receipts shall
be confiscated and strictly dealt with according to law;
3.2. Inspection contents:
- The observance of the regulations on business
registration and business license of individuals and organizations trading in
imported goods;
- Receipts and documents of imported goods as
prescribed in Point 1, Part II above;
- Goods being transported on road and showing
signs of being imported illegally. Inspection of such goods must comply with
the current regulations and be carried out mainly at the departure and
destination points;
- With regard to railways, airways and postal
transport means, if there are grounds to suspect that such means are used in
the transportation of illegally imported goods, the inspection and supervision
bodies are entitled to request the specialized management agency to coordinate
in such inspection.
3.3. Handling of violations:
- Upon detection of any violation, the
inspection forces shall have to strictly follow the order, procedures and
competence for sanction in accordance with current regulations. All inspection
and supervision forces are forbidden to use blank paper to make inspection
records;
- If the inspection requires the coordination
between several agencies, the agency authorized to take charge of the
inspection and supervision force shall be entitled to issue the handling
decision. If such decision is beyond its jurisdiction, it must report to the
competent higher agency for decision. Before issuing a handling decision, there
must be a written agreement among the involved agencies, signed by their
representatives;
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- Administrative violations shall be dealt with
on the basis of legal administrative documents; criminal offences shall be
dealt with according to criminal legislation;
- With regard to transport means:
+ Transport means including State-owned
transport means carrying contraband or banned goods shall be impounded and
dealt with depending on the seriousness of the violation;
+ If the owners of transport means of State
agencies, socio-political organizations and whatever economic sector
intentionally use such means to transport illegally imported goods, the means
shall be confiscated, the business license (if any) shall be withdrawn and they
shall be administratively sanctioned or examined for penal liability, depending
on the seriousness of the violation;
+ If the operators of the means intentionally
transport contraband goods, their driving licenses shall be withdrawn and they
shall be administratively sanctioned, have to make compensation if the means
are confiscated, or be examined for penal liability in case of serious
offences.
3.4. Handling of confiscated goods:
- If the confiscated goods are illegally
imported State property, they must be managed in accordance with current law.
- If they are drug, firecracker, harmful
cultural products, harmful children toys or goods harmful to the users health
or the environment, they must be destroyed in accordance with the provisions of
law.
- If they are weapons of any type, military
supplies and equipment, valuable exhibits of historical prestige, medicines for
people, domestic animals, plant or animal breeds, wild animals of precious and
rare species, they shall be handed over to specialized management agencies for
settlement;
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+ If the confiscated goods illegally imported
are allowed to be sold on the market, auction shall be organized as prescribed
in Decree No.86/CP of December 17, 1996 of the Government and Decision
No.100/TC/QLCS of January 23, 1997 of the Ministry of Finance promulgating the
regulation on the management and disposal of assets after the decision on
requisition thereof to the State funds is made and the State ownership thereof
is established;
+ Confiscated illegally imported cigarettes
shall be handled as follows:
a/ They shall be re-exported as prescribed in
Official Dispatch No.410/KTTH of January 24, 1996 of the Prime Minister.
b/ They shall be sold on the domestic market in
accordance with Official Dispatch No.4460/VI of September 6, 1997 of the Prime
Minister. The consumption of illegally imported cigarettes on the domestic
market shall comply with the following regulations:
* Based on the volume of confiscated cigarettes
illegally imported, the provincial municipal Trade Departments shall formulate
a plan to be submitted to the Peoples Committee of the province or city
directly under the Central Government for consideration and decision to assign
the sale thereof to 1 to 3 eligible local State-owned stores in accordance with
the regulations of the Ministry of Trade.
* These stores shall only be entitled to receive
and sell the illegally imported cigarettes which are confiscated and handed
over by the anti-smuggle inspection and supervision forces together with the
decision on each hand-over and shall have to open books of accounts and use
vouchers and receipts as prescribed.
* Upon receipt of confiscated cigarettes
illegally imported from the specialized agencies, such stores shall have to
make payment to the deliverer through a custody account at the State Treasury.
The price shall be submitted by the Price-setting Board to the provincial and
municipal Peoples Committee for approval (the members of this Board shall be
decided by the provincial/municipal Peoples Committee).
The provincial/municipal Trade Departments shall
provide management regulations and direct the local agencies in charge of
market management to regularly inspect and supervise operations of the stores
selling confiscated cigarettes illegally imported.
3.5. All the money received during the inspection,
inspection expenses, collected fines, turnover from sale of confiscated goods,
and money deducted as rewards for participating individuals and forces shall be
accounted for in accordance with the guiding documents of the Ministry of
Finance.
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III.- ORGANIZING THE
COORDINATION AMONG FORCES
A.- Coordination contents:
1.- Drawing up plans and options against
illegally imported goods.
2.- Exchange of information on smuggling,
illegal business and market forecasts...
3.- Direction and conjoint application of
administrative, economic, educational and dissemination measures.
B.- Areas
1.- Along the land borders and on the sea.
1.1. The organization of anti-smuggling
activities on the sea shall continue to comply with Directive No.701-TTg of
October 28, 1995 of the Prime Minister.
1.2. The Peoples Committees of provinces and
cities directly under the Central Government, particularly the border and
coastal provinces, shall perform the comprehensive State management over the
combat against smuggling in their localities.
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- To closely control porters engaged in
cross-border transport.
- To abide by the regulations on residence
management so that bad elements cannot operate in the border areas;
- To direct forces to combat smuggling on
trails, canals and estuaries.
1.3. Customs forces shall assume the prime
responsibility and coordinate with border guards, police, market management,
maritime forces in border and coastal provinces in enhancing the measures to
prevent illegally imported goods from infiltrating into the country. In case of
necessity, a joint force shall be organized to combat smuggling with the
customs assuming the prime responsibility, to closely examine imported and
exported goods, to carry out the customs procedures as prescribed, to combat
trade frauds and other negative acts.
2.- On the domestic markets:
The market management forces shall assume the
prime responsibility and coordinate with the police, the tax authorities and,
where necessary, with the customs authority in directing, managing and
guaranteeing the observance of law during their examination and inspection in
order to better perform the following tasks:
2.1. Based on the results of business
registration and re-registration according to Directive No.657-TTg of September
13, 1996 of the Prime Minister, to associate the business registration with the
management of tax collection. All business establishments must conduct business
activities in conformity with their registered business lines and strictly
comply with the regulations on accounting, receipts and vouchers of the
Ministry of Finance.
2.2. To concentrate forces on firmly controlling
all the business establishments trading in imported goods. To enhance the
examination, supervision, inspection, investigation and handling of subjects
engaged in the trading, transport, storing or concealing illegally imported
goods, banned goods or imported goods without valid vouchers. For the immediate
future, focus should be placed on a number of import items such as bicycles,
electric fans, electronic products, motorbikes, cars, construction materials,
canned food, cigarettes, wine, fabrics, used clothes.
2.3. To strictly deal with acts of smuggling.
Any criminal offences must be forwarded to law enforcement bodies for
inspection and settlement according to criminal procedures, and must not be
kept for administrative sanctions.
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1.- At the center
Each ministry and general department shall
appoint a leading official to take part in the direction work and assign the
following agencies to act as assisting and coordinating bodies:
- The Market Management Department of the
Ministry of Trade;
- The General Department of Taxation under the
Ministry of Finance;
- The Department of Economic Police (C15), the
General Department of Peoples Police of the Ministry of the Interior;
- The Department of Inspection against Smuggling
of the General Department of Customs.
The ministries and general departments shall
have the following duties:
1.1. The Ministry of Trade
- To summarize information on the struggle
against the circulation of illegally imported goods on the market provided for
by the ministries, general departments and localities at the same level, inform
the ministries and general departments thereof and report it to the Government;
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- To assume the prime responsibility for
organizing the coordinated inspection and urge localities in the implementation
thereof;
- In case of necessity, to coordinate with
relevant ministries, general departments in establishing joint inspection teams
and request such ministries and general departments to provide forces and means
for the teams so as to promptly prevent, arrest and deal with the cases of
illegal import, commercial fraud and tax evasion, particularly big and
complicated cases involving many localities, which a single locality is
incapable of settling;
- Periodically, from the 5th to the 10th of each
month to hold an inter-ministerial meeting in order to draw experiences and
discuss measures for coordination in direction in the period to come.
1.2. The Ministry of Finance
- To issue circular(s) guiding the
implementation of Resolution No.85/CP-m of July 11, 1997 of the Government and
Decision No.984-TTg of December 30, 1996 of the Prime Minister regarding the
regulation on the management and use of money received from anti-smuggling
operations including pecuniary rewards for individuals and collectives with
merits therein.
- The General Department of Taxation shall
direct its affiliates to coordinate with market-management sub-departments in
compelling business establishments to open books of accounts and use, receipts
and vouchers as stipulated.
1.3. The Ministry of the Interior
Shall direct the general departments and police
offices of all levels:
- To coordinate with market management units and
inspection forces in controlling and preventing the cross-border transport of
illegally imported goods into the country and severely dealing with persons who
oppose officials on public duty.
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- To join various branches in directing and
guiding localities in the fight against smuggling.
1.4. The General Department of Customs
To assume the prime responsibility in performing
the duties defined in Point 1.3, Section B, Part III of this Circular; direct
local customs offices to coordinate with local authorities in preventing the infiltration
of illegally imported goods across the border in any form.
2.- At the local level
- The Peoples Committees of provinces and cities
shall be responsible for the smuggling situation in their respective
localities;
- To organize well the coordination between the
market management forces, tax offices, police and customs authorities in
inspecting and controlling the circulation of illegally imported goods in their
respective localities. Each unit of the above-mentioned forces shall appoint a
leading official to participate in directing the implementation of the above
stipulations;
- The market management sub-department shall act
as the standing body to assist the provincial and municipal Peoples Committees
in the elaboration of anti-smuggling plans and measures;
- When an investigation of smuggling rings, or
places of storing illegally imported goods is related to any locality, there
must be a close coordination with the specialized agencies in that locality;
- To hold monthly inter-branch meeting so as to
draw experiences, discuss follow-up measures and summarize the situation to
report to the provincial and municipal Peoples Committees and the Ministry of
Trade (Market Management Department) for sum-up reports to be submitted to the
ministries and the Government.
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1.- The ministries and ministerial-level
agencies, agencies attached to the Government shall examine all units under
their management and strictly deal with organizations and/or individuals
directly or indirectly involved in smuggling;
2.- The Ministry of Trade shall, together with
the Ministry of the Interior, the Ministry of Finance and the General
Department of Customs, coordinate with mass media agencies in the dissemination
of the Governments policies against smuggling in the spirit of the Government
Resolution and this Circular.
3.- The Peoples Committees of provinces and
cities directly under the Central Government shall launch a campaign to
disseminate the Governments policies on the combat against smuggling to the
whole population in the wards and communes and all the traders so as to cerate
a mass movement to combat smuggling, not to join hand with smugglers, to
discover and provide information on any individuals and organizations
committing acts of smuggling, concealing, or selling illegally imported goods
or discover breaches or negative acts of anti-smuggling staffs. All the
smuggling cases in their localities must be strictly dealt with.
4.- The provinces and cities directly under the
Central Government shall have to submit monthly and quarterly reports on the
results of the anti-smuggling combat in their localities to the ministries with
a view to a general report to the Prime Minister.
5.- This Circular shall take effect 15 days
after its signing. All the earlier regulations contrary to this Circular shall
be repealed. In the course of implementation, any problem shall be reported to
the higher-level management bodies for settlement.
THE MINISTRY OF TRADE
VICE MINISTER
Do Nhu Dinh
THE MINISTRY OF THE
INTERIOR
VICE MINISTER
Vo Thai Hoa
THE MINISTRY OF
FINANCE
VICE MINISTER
Vu Mong Giao
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