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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
16-CP
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Hanoi
, March 20, 1996
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DECREE
REGULATING ADMINISTRATIVE SANCTIONS IN STATE MANAGEMENT OVER
CUSTOMS
THE GOVERNMENT
Proceeding from the Law on Organization of
the Government of September 30, 1992;
Proceeding from the Ordinance on the Handling of Violations of Administrative
Regulations of July 6, 1995;
Proceeding from the Ordinance on Customs of February 20, 1990;
At the proposal of the General Director of the General Department of Customs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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a) The violations of the regulations on customs
procedures;
b) The violations of the regulations on
expertise, inspection and customs control;
c) The violations of the regulations on import,
export or transit of goods, baggages, mail items post packages, foreign
currencies, Vietnamese currency and other articles (hereafter referred to
collectively as goods and articles) and transport means for import, export and
transit of goods in Vietnam.
d) The acts of smuggling or illegal transport of
goods or currencies across the Vietnamese border, which are not so serious as
to be subject to examination for penal liability.
2. The individuals and organizations specified
in Article 5 of the Ordinance on the Handling of Violations of Administrative
Regulations that commit violations of administrative regulations in the field
of State management over customs shall be sanctioned in accordance with the
provisions of this Decree.
Article 2.- The
levying of administrative sanctions and application of measures to prevent and
ensure the handling of violations of administrative regulations on customs
shall comply with the principles, procedures and jurisdiction stipulated in the
Ordinance on the Handling of Violations of Administrative Regulations.
Article 3.- To
ensure that the sanctions are levied on a sound and just ground, the State
agencies, economic and social organizations and individuals are responsible for
providing the documents related to goods and articles in import and export; and
the transport means involved in import and export activities which violate
administrative regulations on customs if so requested by the Customs
authorities.
Article 4.-
1. The time limit for
sanctions of violations of administrative regulations in the field of State
management over customs is 2 years from the date the violation is committed. If
this time limit has expired, no sanction shall be levied, but one of the
following measures may be taken:
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b) Forcible elimination of the contamination of
the living environment or the spread of diseases and epidemics caused by the
violation of administrative regulations;
c) Forcible destruction of items which are
hazardous to human health, and the harmful cultural products.
2. For an individual who has been prosecuted or
put on trial or who has been subjected to criminal litigation and whose case is
now suspended, if his/her act of violation is liable to sanctions under
administrative regulations on customs, he/she shall be sanctioned in accordance
with the provisions of this Decree; and the time limit for the sanction is
three months from the date of the suspension of the investigation or the trial.
3. Within the time limits stipulated in Items 1
and 2 of this Article, if the individual or organization in question commits
new violations of administrative regulations on customs or intentionally evades
or hinders the application of sanctions, these time limits as stipulated in
Items 1 and 2 of this Article shall not apply.
Article 5.- The
cases of force majeure:
1. The goods and transport means which are
brought into Vietnam under force majeure conditions shall not be subject to
sanctions if they are fully declared to the Customs authorities, but they shall
be moved out of Vietnam within 30 days unless otherwise provided for by law.
All failures to make the declaration shall be subject to sanctions stipulated
in Point (h), Item 6, Article 12 of this Decree.
2. All errors made in the process of delivering
the goods and articles through import and export shall not be sanctioned if
their sender has made a full declaration before registering their customs
declaration and before the transport means of these goods and articles has
completed entry formalities. The provisions of this Item shall not apply to
goods and articles which are banned from import and export.
Chapter II
SANCTIONS AGAINST
INDIVIDUALS AND ORGANIZATIONS VIOLATING ADMINISTRATIVE REGULATIONS ON CUSTOMS
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1. To receive a warning or be fined from 50,000
VND to 200,000 VND in one of the following violations:
a) Not to comply with the time limit for customs
declaration;
b) Not to report at the Customs Office to complete
customs procedure as stipulated by law.
2. To be fined from 200,000 VND to 500,000 VND
in one of the following violations:
a) Not to inform or inform incorrectly the time
of arrival and departure of the transport means on exit, entry or transit as
required by law;
b) To make temporary import for re-export; or to
make temporary export for re-import, of goods and articles and transport means
outside the time specified in licenses, customs declaration or other substitute
papers as required by law.
3. To be fined from 2,000,000 VND to 5,000,000
VND in one of the following violations:
a) Not to report to the Customs Office to
complete customs procedure 45 days after the date the transport means of the
goods and articles completes entry formalities;
b) To delay by 10 days or more the time limit
for re-export of goods and articles which are bound for re-export.
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1. To be fined from 200,000 VND to 1,000,000 VND
in one of the following violations:
a) The customs seal is not intact when presented
to customs inspection and control;
b) Failure to keep intact the seal on the store
and package of goods, articles and transport means which are under customs
inspection.
2. To be fined from 2,000,000 VND to 5,000,000
VND for any act of deliberate displacement of transport means, goods and
articles which are being escorted by Customs authority.
3. To be fined from 5,000,000 VND to 10,000,000
VND for any act of deliberate breaking of the seal to take away goods or
replace them with goods and articles of different categories, quantity or
quality, but not so serious as to be subject to examination for penal
liability.
4. The individual and organization that repeat
violations or commit many violations of Items 2 and 3 of this Article shall,
apart from monetary fines, be subject to a suspension of procedure for import,
export and transit clearance for 30 days.
Article 8.- Regarding
the violations of regulations on exchange of import-export goods among border
population:
1. To receive a warning or be fined from 50,000
VND to 200,000 VND when a border inhabitant commits one of the following
violations:
a) To transport across the border goods and
articles not through prescribed routes and border gates;
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c) To trade goods and articles across the border
in excess of the quotas set by the State.
2. A fine of from 1,000,000 VND to 2,000,000 VND
if the excess amount of goods and articles traded across the border has a value
of over 10,000,000 VND.
3. A fine of from 2,000,000 VND to 5,000,000 VND
for one of the acts of transporting across the border goods and articles banned
from import or export, but not so serious as to be subject to examination for
penal liability.
4. A fine of from 5,000,000 VND to 10,000,000
VND for a person who is not a border inhabitant but who takes advantage of the
regulations on exchange of goods for border inhabitants to carry out
unauthorized import-export activities.
5. The violations of the provisions stipulated
in Point (b), Item 1, and Items 3 and 4, of this Article shall, apart from the
monetary fine, be subject to confiscation of the material evidences and
involved means.
Article 9.-
Regarding the violations of regulations on allowed amounts of baggages and
gifts involved in import and export:
1. A fine of from 50,000 VND to 200,000 VND for
the acts of importing or exporting baggages and gifts in excess of the quotas
prescribed by the State, or the excess amount involves the goods which must be
imported in licensed quotas or in line with the State plan.
2. A fine of from 500,000 VND to 2,000,000 VND
if the violation against the provision of Item 1 of this Article involves
evidence is in the form of goods and articles for import or export and has a
value equivalent to 10,000,000 VND or more.
3. A fine of from 2,000,000 VND to 5,000,000 VND
for one of the following violations:
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b) To violate the provision stipulated in Item 1
of this Article in which the involved evidence has a value of more than 20,000,000
VND.
c) To import or export goods and articles which
are of the categories banned from import and export but not so serious as to be
subject to examination for penal liability.
4. The individual and organization that violate
Point (c), Item 3, of this Article shall, apart from paying monetary fine, be
forced to re-export out of Vietnam, or be suspended from export, or have the
material evidence and instruments involved in the violation confiscated; and
the licenses for import and export revoked.
Article 10.- Regarding
the violations of regulations on importing and exporting of re-assigned and
inherited properties:
1. A fine of from 500,000 VND to 2,000,000 VND
for the acts of importing and exporting re-assigned and inherited properties
without the required licenses.
2. A fine of from 2,000,000 VND to 5,000,000 VND
for the acts of importing and exporting re-assigned and inherited properties
which are banned by the State from import and export.
3. The violations of Items 1 and 2 of this
Article shall, apart from monetary fine, result in the suspension of export or
forcible re-export of the re-assigned or inherited properties.
Article 11.-
Regarding the violations of regulations on customs control:
1. A fine of from 200,000 VND to 500,000 VND for
one of the following violations:
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b) Failure to stop the transport means on exit
from, entry into or transit through Vietnam at the designated checkpoints to
fill customs formalities.
2. A fine of from 1,000,000 VND to 3,000,000 VND
against ocean-going vessels which are transporting import or export goods on
international routes and which call on undesignated ports without informing the
Customs Office in advance.
3. A fine of from 3,000,000 VND to 5,000,000 VND
for one of the following violations:
a) Unauthorized docking of vessels, boats and
other transport means transporting import and export goods which are under
customs inspection and control;
b) Failure to obey orders of the Customs Office
when driving the transport means in the area under customs control;
c) Delaying or not readily responding to
requests by Customs officers to open stores of import and export items, engine
rooms, work places and other areas on the transport means on exit or entry or
in transit for customs inspection or control in accordance with administrative
procedure.
4. A fine of from 15,000,000 VND to 20,000,000
VND for one of the following violations:
a) Lacking the legal papers for transport means
of import and export goods to move in the area under customs control;
b) Failure to drive the transport means on exit
or entry or in transit on the designated routes and through the designated
gateways.
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a) Attempt to remove or jettison goods and
articles to evade customs inspection and control which does not amount to an
offense subject to examination for penal liability;
b) Attempt to hinder arrest or to move, replace
or remove evidences of violations of administrative regulations on customs,
which are detected and seized but which does not amount to an offense to be
subject to examination for penal liability.
6. Apart from monetary fines, the violators may
be subjected to the following additional sanctions or other administrative
measures if they commit one of the following violations:
a) To be forced to move the transport means if
they violate the provisions of Point (a), Item 1, or Point (a), Item 3, of this
Article;
b) To be forced to halt the transport means for
customs inspection; and to comply with inspection requests by the Customs
Office if the violation is against Point (b), Item 1, and Points (b) and (c),
Item 3, of this Article 3;
c) To have the material evidences and
instruments involved in the violation confiscated, or the license for import,
export and transit withdrawn for 30 days, if the violation is repeated once or
many times against the provisions of Points (a) and (b), Item 5, and Points (a)
and (b), Item 4, of this Article.
Article 12.-
Regarding the violations against regulations on customs inspection:
1. A fine of from 500,000 VND to 1,000,000 VND
for the act of changing the name of the shipment recipient in the bill of
lading or in the brief description of goods when the transport means has
completed immigration procedures.
2. A fine of from 3,000,000 VND to 5,000,000 VND
for one of the following violations:
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b) Refusing or delaying to produce papers to
verify the legality of the import or export goods and articles and the
transport means on entry or exit.
3. A fine of from 5,000,000 VND to 10,000,000
VND for one of the following violations:
a) Unauthorized and improper assignment of goods
and articles which are imported temporarily for re-export by those who are
entitled to preferential tax treatment;
b) Unauthorized use of goods and articles which
have been assigned to the owners for keeping pending customs clearance;
c) Failure to bring the goods in transit to the
designated places for customs clearance.
d) Storage or purchase of goods and articles
which are imported illegally;
e) Storage or purchase of goods and articles for
import and export within the area controlled by the customs in contravention of
law;
f) Unauthorized change of wrappings of goods and
articles which have been inspected by customs;
g) Replacement of goods and articles which have
not been inspected by customs by goods and articles already inspected by
customs.
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5. A fine of from 15,000,000 VND to 20,000,000
VND for one of the following violations:
a) Making declarations which vary with the commercial
contracts in terms of quantity, weight, quality, goods names, categories,
codes, value, country of origin of the goods, or importing or exporting goods
and articles not in line with the license;
b) Changing the appearance and engine
specifications of transport means and other goods to legalize their import and
export.
6. A fine of from 20,000,000 VND to 50,000,000
VND for one of the following violations:
a) Importing and exporting goods and articles in
violation of preferential treatment on customs;
b) Importing and exporting goods and articles in
violation of the State provisions on humanitarian aid;
c) Importing and exporting goods and articles
outside the contract or the brief description or the bill of lading;
d) Importing and exporting goods and articles
the import and export of which are restricted or banned, but the violation does
not amount to an offense to be subject to examination for penal liability;
e) Importing and exporting goods and articles
which are not licensed or vary with the content of the license as provided by
law;
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g) Unloading, transferring, leaving behind and
consuming goods and articles for import and export which are under customs
control and inspection;
h) Failing to file a customs declaration;
i) Assigning licenses or substitute papers for
import and export;
j) Unauthorized removal or change and
falsification of customs papers for import and export of goods and articles,
but which do not amount to an offense to be subject to penal liability.
With regard to the violations specified in
Points (d), (e) and (I), Item 6, of this Article which fall under the
jurisdiction of various specialized management agencies, the agency which is
the first to discover and handle it shall impose the fine.
7. A fine of from 50,000,000 VND to 100,000,000
VND for one of the following violations which do not amount to an offense to be
subject to examination for penal liability:
a) Importing and exporting goods and articles
which are hazardous to human health;
b) Importing and exporting goods and articles
which spread environmental pollution, epidemics and diseases.
8. Apart from monetary fines, confiscation of
material evidences and instruments involved in the violation; withdrawal of the
right to use the license or temporary suspension of proceeding of export
license; and destruction of material evidences and instruments involved in the
violation, or forcible re-export of goods and product items, shall be applied
to one of the following violations:
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b) Withdrawal of the right to use the license
from 30 days to 90 days in one of the following cases:
- Violation against provisions specified in
Point (c), Item 3, of this Article, which is repeated once or many times;
- Violation against provisions specified in
Point (a) and (b), Item 5, of this Article, which is repeated once or many
times;
- Violation against provisions specified in
Point (i) and (j), Item 6, of this Article;
c) Temporary suspension of proceeding of import
and export license or transit permit in one of the following:
- Violation against provisions specified in
Point (b), Item 2, and Item 6, of this Article, which is repeated once or many
times;
- Violation against provisions specified in
Points (i) and (j), Item 6, of this Article;
d) Forcible re-export of goods and articles from
Vietnam within 60 days if the violation is against Point (e), Item 6, of this
Article and involves imports which are used or technologically outdated
equipment and production chain intended as capital contribution;
e) Forcible re-export of goods and articles from
Vietnam within 7 days or destruction of material evidences and instruments
involved in the violation, if the violation is against Item 7 of this Article;
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10. The goods and articles which are brought
into Vietnam behind the date of delivery specified in the commercial contract
for which they are refused by the recipient shall be fined in accordance with
the provisions specified in Item 5 of this Article and forced to remove from
Vietnam within 30 days from the reception of the fining decision.
11. The goods and articles which are to be
stored in bonded warehouses but which are brought into Vietnam before the
bonded-warehouse contract is signed shall be fined in accordance with the
provisions specified in Point e, Item 6, of this Article.
Article 13.-
Regarding the violations of regulations on import and export of foreign
exchanges which do not amount to an offense to be subject to examination for
penal liability:
1. A fine of from 500,000 VND to 2,000,000 VND
against the individuals and organizations that import foreign exchanges without
filing customs declarations as provided for by law.
2. A fine of from 3,000,000 VND to 5,000,000 VND
if the violation of the provisions of Item 1 of this Article is repeated once
or many times.
3. A fine of from 500,000 VND to 1,000,000 VND
for the act of advance declaration of imported foreign exchange.
4. A fine of from 10,000,000 to 20,000,000 VND
against the act of advance declaration of imported foreign exchange which have
a value equivalent to 100,000,000 VND or higher.
5. A fine of from 1,000,000 VND to 4,000,000 VND
against the individuals and organizations that export foreign exchanges without
filing customs declarations as provided for by law.
6. A fine of from 5,000,000 VND to 15,000,000
VND and confiscation of from 10% to 20% of the undeclared amount of foreign
exchange as provided for by law, if the violation of item 5 of this Article is
repeated once or many times.
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Article 14.-
Regarding the violations of regulations on import and export of the Vietnamese
currency:
1. Warn or a fine of from 50,000 VND to 200,000
VND for the act of importing and exporting Vietnamese currency without filing
customs declaration.
2. A fine of from 500,000 VND to 2,000,000 VND
for the act of importing and exporting Vietnamese currency without a permit of
the State Bank of Vietnam if the involved amount is from 10,000,000 VND to
50,000,000 VND.
3. A fine of from 10,000,000 VND to 15,000,000
VND for one of the following violations:
a) Importing Vietnamese currency without a
specified origin and with an amount of 50,000,000 VND or more;
b) Importing and exporting Vietnamese currency
for payment not in line with the provisions of the State Bank of Vietnam;
4. With regard to the violations of Items 1, 2
and 3 of this Article, apart from monetary fine, additional fines or the
following measures shall apply:
a) Suspension of the export;
b) Confiscation of the money which is the
evidence of the violation if a deliberate act is committed to evade customs
inspection.
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A fine of from 200,000 VND to 500,000 VND for
the acts of offending the honor of or threatening customs officers on duty,
which do not amount to an offense to be subject to examination for penal
liability.
Chapter III
SANCTIONING JURISDICTION
Article 16.-
1. The chief of the work
team has the powers:
a) To issue a warning;
b) To fine up to 200,000 VND.
2. The Chief of the border gate customs, the
Chief of the inspection team of the provincial or municipal Customs Department;
and the Chief of the inspection team of the Department for Investigation
against Illicit Trade of the General Department of Customs, have the powers:
a) To issue a warning;
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c) To confiscate the material evidences and
instruments employed in the violation of administrative regulations which are
valued up to 20,000,000 VND.
3. The Chief of the Department of Customs of the
province or city directly under the Central Government has the powers:
a) To issue a warning;
b) To fine up to 20,000,000 VND;
c) To confiscate the material evidences and
instruments employed in the violation of administrative regulations and destroy
the articles which are hazardous to human health or culturally noxious;
d) To revoke the right to use, or withdraw,
import and export licenses as provided for in this Decree.
Article 17.-
1. With regard to acts
which carry a fine of more than 20,000,000 VND, the Chief of the Department of
Customs of the province or city shall transfer the dossiers along with the
material evidences to the People’s Committee of the province or city directly
under the Central Government and the President shall decide the sanction, and
at the same time shall notify the General Director of the General Department of
Customs.
2. All acts of violation of the laws on customs
on the land, in the territorial waters, on the continental shelf and in the
exclusive economic zone of the Socialist Republic of Vietnam shall be handled
by the customs authority in charge of the area where the violations take place,
in line with the jurisdiction provided for in this Decree.
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4. The Economic Police and Market Management
Agencies which detect goods and articles which are imported illegally or in
transit or temporarily imported for re-export and are illegally consumed on the
Vietnamese market shall administer sanctions in accordance with the provisions
specified in Points (a), (b), (d) and (e), Article 12, of this Decree.
Chapter IV
MEASURES TO PREVENT
VIOLATIONS OF ADMINISTRATIVE REGULATIONS AND ENSURE ADMINISTRATIVE SANCTIONS
Article 18.- Temporary
detention of violators in accordance with administrative procedures:
1. Temporary detention of violators in
accordance with administrative procedures shall be applied in case it is
necessary to help gather and verify important details as basis for the decision
to sanction or to prevent or immediately check the acts of preventing the work
of customs inspection, supervision and control.
2. The time limit for temporary detention of the
violator of administrative regulations shall not exceed 12 hours. In case of
emergency, it can be extended but not to more than 24 hours. In remote
mountainous areas and islands which are far from border gates, it can be
further extended but not to more than 48 hours.
3. All cases of temporary detention shall be
decided in writing, a copy of which shall be handed to the temporarily detained
person.
4. The person under temporary detention on
charge of violation of administrative regulations shall not be put in the same
houses for temporary detainees or for criminal offenders or in any places where
sanitary and safety conditions are not satisfactory.
5. At the request of the temporarily detained
person, a notice shall be conveyed to his/her family, office and the place
where they work or study. The detention of an under-age which lasts more than 6
hours must be notified to his/her parents or guardian.
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The following authorities shall have the powers
to order the temporary detention of the violator in accordance with
administrative procedures:
1. The Chief of the Border Customs Station and
the Chief of the Inspection Team of the provincial or municipal Department of
Customs; the Chief of the Inspection Team of the Department for Investigation
against Illicit Trade of the General Department of Customs;
2. The Chiefs of the Departments of Customs of
the provinces and cities directly under the Central Government;
3. The Chief of the Department for Investigation
against Illicit Trade of the General Department of Customs.
In cases the authorities specified in Items 1, 2
and 3 of this Article are absent, their deputies shall have the powers to order
temporary detention of the violator in accordance with administrative
procedures.
Article 20.-
Temporary seizure of material evidences and instruments involved in the
violation of administrative regulations:
1. The temporary seizure of material evidences
and instruments involved in the violation shall only be applied in case it is
necessary to immediately check the violation of administrative regulations or
to verify the details which serve as basis for handling the decision.
The authorities specified in Article 19 of this
Decree have the powers to order temporary seizure of the material evidences and
instruments involved in the violation of administrative regulations.
2. In case of necessity, the authorities who are
vested with the powers to administer administrative sanctions specified in Item
1, Article 16, of this Decree shall have the powers to order temporary seizure
of material evidences and instruments involved in the violation of
administrative regulations. Within 24 hours from the issuing of the order, the
issuer shall report to, and obtain the written consent from, the immediate
higher authority as provided for in Article 19 of this Decree.
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In case the evidences and instruments must be
sealed off, the sealing must be done in the presence of the involved person or
his/her representative or of the local administration representative, and
witnesses.
4. If the seizure involves the Vietnamese
currency, foreign exchange, drugs and materials which are required to be kept
according to a special procedure, the storing shall be made in accordance with
the provisions of law.
With regard to material evidences involved in
the violation of administrative regulations which are vulnerable goods and
articles, the authority who orders the seizure must file a separate record and
may set up a council to sell them in accordance with the existing provisions,
the proceedings from which shall be remitted to the State Treasury.
5. Within 15 days from the date of the temporary
seizure, the authority who has the powers to order the temporary seizure and
sanction must handle the material evidences and instruments which are
temporarily seized in accordance with the measures specified in the sanction
order. If no confiscation is to be applied, the evidences or the proceedings
from their sale during the temporary seizing shall be returned to the concerned
persons.
The time limit for the temporary seizure may be
extended, but not to more than 30 days in case the violation has many
complicated details or is related to many persons and organizations at home and
abroad.
6. The ordering of the temporary seizure of the
material evidences and instruments involved in the violations of administrative
regulations must be done in writing, a copy of which shall be handed to the
concerned person and the representative of the concerned organization.
Article 21.-
Body search in accordance with administrative procedure:
1. The body search in accordance with
administrative procedure shall be undertaken only when there is a basis to
determine that the concerned person is hiding in his/her body objects,
papers and instruments which are used in the violation of administrative regulations.
2. Only the personnel vested with the authority
specified in the provision of Article 19 of this Decree shall have the right to
order a body search in accordance with administrative procedures.
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3. Before conducting a body search, the
searching personnel must show to the object of the search his/her customs identity
card and inform the latter of his/her decision. The body search shall be made
by a person of the same sex and the witnesses must also be of the same sex.
4. All body searches must be recorded in a
minute, a copy of which shall be handed to the searched person.
Article 22.-
Searching transport means and objects in accordance with administrative
procedures:
1. All searches of transport means and objects
in accordance with administrative procedures shall be conducted when there is
adequate ground to determine that there is evidence of a violation of
administrative regulations hidden in the transport means and objects in
question.
2. The customs personnel on duty has the right
to conduct the search on transport means and of objects in accordance with administrative
procedures.
3. The search on a transport means and of an
object must be conducted in the presence of the owner of that transport means
and object, or the captain or operator of that transport means and a witness.
4. All searches of transport means and objects
must be recorded in a minute, a copy of which shall be handed to the owner of
the transport means and objects, or the captain or operator of the transport
means.
5. All searches of transport means which are
ocean-going vessels, airplanes and trains of Vietnam and foreign countries and
which are operating on international routes must be ordered by the Chief of
Border Customs Stations or personnel of equivalent or higher ranks.
The search of transport means and objects of the
persons who enjoy diplomatic immunity must be conducted in accordance with the
International Conventions that Vietnam has signed or acceded to. In case where
there is adequate evidence to determine that the transport means and objects of
these person are containing goods which are included in the list of banned
imports and exports of the Vietnamese Government, the search must be ordered by
the General Director of the General Department of Customs.
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PROCEDURES FOR
ADMINISTRATIVE SANCTIONS
Article 23.- Simple
procedure:
In administrative sanctions which require a
warning or a fine up to 20,000 VND, the authorized personnel shall give
the sanctioning order on the spot.
Copies of the sanctioning order shall be handed
to the sanctioned person and organization and the place where the fine is
delivered.
Article 24.-
Filing the minute recording the violation of administrative regulations:
- When a violation of administrative regulations
does not fall under the categories to be subject to the provisions of Article
23 of this Decree, it must be promptly recorded into a minute a copy of
which shall be handed to the concerned person and organization; if the minute
writer has no authority to order the sanction, the minute and other related
papers must be promptly transferred to the authorized personnel.
- The form, content and filing procedure of a
minute shall conform to the provisions specified in Items 2 and 3, Article 47,
of the Ordinance on the Handling of Violations of Administrative Regulations.
Article 25.-
Sanctioning order:
1. When a person or organization violates many
provisions of this Decree, the sanctioning authority shall order sanctions on
each of the violations and add them up to form the total sanction. If one of
the violations carries a fine which is beyond the powers of the sanctioning
authority, the whole dossiers of the violation shall be transferred to the
competent authority to decide.
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3. A copy of the sanctioning order shall be
handed to the sanctioned person and organization and the place where the
fine is delivered within three days from the date of signing.
4. All fines from 2,000,000 VND upward and orders
to confiscate material evidences and instruments involved in the violations
which are valued at 5,000,000 VND or more must be sent to the People’s
Procurator of the same level.
The form and content of the sanctioning order
shall conform to the provisions specified in Item 2, Article 48, of the
Ordinance on the Handling of Violations of Administrative Regulations.
Article 26.-
Handling material evidences and instruments involved in violations of
administrative regulations:
1. The material evidences and instruments
involved in a violation of administrative regulations which are confiscated
shall be transferred by the Customs Department to the Finance Service of the
locality where the violation is committed. With regard to the material
evidences and instruments which are confiscated in remote border gate to which
access is difficult, or which are vulnerable and difficult to preserve, the
sanctioning authority shall hand them over to the district-level financial
agency of that locality.
The proceeds from the sale of the material
evidences and instruments involved in the violation shall be remitted to the
State Treasury after deducting the expenses on storage, unloading,
preservation, transport, expertise, verification and handling in each case.
2. The handling of material evidences and
instruments involved in the violation of administrative regulations, which are
noxious cultural products, faked goods of no use value, and products harmful to
human health and life and living environment, and which are vulnerable goods
and articles, shall be conducted according to the provisions of Items 2 and 3,
Article 52, of the Ordinance on the Handling of Violations of Administrative
Regulations.
Article 27.-
Handling cases in which imported goods and articles exceed the time limit for
customs clearance or are forced to be removed from Vietnam or re-exported:
1. The goods and articles which exceed their
time limit for customs clearance as required by law by 60 days or by 30 days
from the date of the announcement of the Customs Office on the mass media
without having anyone to clear customs procedures for them, shall be remitted
to the public fund.
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Article 28.-
Handling unclaimed goods and articles and material evidences which are subject
to taxation:
1. Regarding the goods which are material
evidences of violations of administrative regulations and which are discovered
through inspection without anyone claiming them, and the import and export
goods which are floating or discarded and whose owners are indefinable, the
sanctioning authority shall order an announcement on the mass media and post it
in public places; and if still no one is forthcoming to claim them, the
sanctioning authority shall transfer them to the Financial agency as specified
in Article 26 of this Decree.
2. The goods which are imported not in line with
the specifications of the license, contract, bill of lading or brief
description and which are refused by the recipient, the handling shall be
conducted as specified in Item 1 of this Article.
3. Regarding the goods which are material
evidences of the violation and which are subject to taxation, the concerned
persons and organizations shall, apart from paying the fines, pay in full all
import and export taxes and also the fine on overdue tax as specified by the
provisions of law.
Article 29.-
Executing the sanctioning order on violations of administrative regulations:
1. The person/organization that is fined for
violating administrative regulations shall execute the sanctioning order within
5 days from its reception.
2. The person/organization that has received the
sanctioning order but deliberately refuses to execute it shall be forced to do
it.
Article 30.-
Measures to force execution of the sanctioning order:
1. The forcing of the execution of the
sanctioning order on violations of administrative regulations shall be
conducted through the following measures:
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b) Inventorization and seizure of properties to
the extent equivalent to the fine;
c) Temporary suspension of customs proceeding
for import and export goods and of transport means on exit and entry and in
transit until the execution of the sanctioning order is completed.
2. The authority who is competent in sanctioning
shall at the same time be the authority who orders and organizes the forcible
measures.
3. The managing and business units which have
the persons/organizations that are forced to execute the sanctioning order
shall upon request by the Customs Office have the responsibility to implement
the provisions specified in Point (a), Item 1, of this Article.
The Financial and Banking agencies, People’s
Police units, Frontier units and local administrations at all levels have the
responsibility to coordinate the execution of the order on forcible measures of
the Customs Office.
4. The persons/organizations that are forced to
execute the sanctioning order shall bear all expenses on the implementation of
the forcible measures.
Chapter VI
HANDLING COMPLAINTS
Article 31.-
Complaints against the application of measures to prevent violations of administrative
regulations:
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2. The competent authority who receives the
complaint has the responsibility to reply in writing to the complainant within
5 days from the reception of the complaint.
Article 32.-
Complaining against orders for administrative sanctions:
1. The individual/organization that is
sanctioned for violation of administrative regulations or their legitimate
representative has the right to lodge complaints to the sanctioning authority
within 10 days from the reception of the sanctioning order.
2. Within 15 days from the reception of the
complaint, the sanctioning authority has the responsibility to settle them and
reply in writing to the complainant.
In case the complainant is not satisfied with
the handling of his/her complaint, he/she has the right to lodge the complaint
to the authority immediately higher than the one who orders the sanction,
within three days from the reception of the decision on the settlement of the
complaint.
Within 20 days from the reception of the
complaint, the Chief of the immediately higher level of the sanctioning
authority shall have to settle and reply in writing to the complainant. This
settlement is final.
3. The complaint against the sanctioning order
of the President of the People’s Committee of the province/city directly under
the Central Government (hereafter referred to as the provincial level) shall be
addressed to the authority who orders the sanction. If the complainant is not
satisfied with the settlement of his/her complaint by the President of the
provincial-level People’s Committee, he/she may lodge the complaint to the
General Director of the General Department of Customs for consideration.
Within 30 days from the reception of the
complaint, the General Director of the General Department of Customs shall have
to consider, draw conclusion on and reply in writing to the complainant and, at
the same time, report his/her conclusion to the President of the provincial-level
People’s Committee. In case this conclusion differs from the decision of the
President of the provincial-level People’s Committee, within 7 days from the
reception of this written conclusion, the President of the provincial-level
People’s Committee must consider and if he/she agrees with the conclusion of
the General Director of the General Department of Customs, he/she shall change
his/her sanctioning order. This decision is final.
In case the President of the provincial-level
People’s Committee does not agree with the conclusion of the General Director
of the General Department of Customs, he/she may lodge a complaint to the
General State Inspector. Within 45 days from the reception of this complaint,
the General State Inspector shall consider and take a decision on the
settlement of the complaint. The decision of the General State Inspector is
final.
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5. The authority who settles a complaint and
decides to change its form and severity, the sanctioning measures or revokes
the sanctioning order may decide the direct compensation for the losses (if
any) in accordance with the provisions of law.
In case the complainant does not agree with the
decision on compensation, he/she may request the Court to handle the case
according to civil litigation.
6. All complaints against the sanctions of
violations of administrative regulations on State management in the field of
customs shall be handled in accordance with the Ordinance on the Handling of
Violations of Administrative Regulations.
Article 33.- The
organizations and individuals that have meritorious deeds in providing
information which helps discover, prevent and handle violations of
administrative regulations on customs, shall be rewarded in accordance with the
common regime of the State.
Article 34.- The
Customs officers and personnel who have the powers to order sanctions on
violations of administrative regulations in accordance with the provisions of
this Decree but who commit acts of hasslement, connivance at, cover-up and
profit-seeking, fail to order sanction or do it belatedly and improperly, or
abuse their powers, or who are irresponsible and violating provisions on the
principles, order and procedures of work in handling violations of
administrative regulations, shall be disciplined or subjected to examination
for penal liability, depending on the nature and seriousness of their
violations; if they cause material damage to individuals and organizations,
they have to compensate according to the provisions of law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 35.-
1. This Decree shall take
effect as from April 1st, 1996, and replace Decree No.232-HDBT issued on June
25, 1992, by the Council of Ministers on the handling of the violations of
administrative regulations on State management in the field of customs.
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3. The Ministers, the Heads of the agencies at
ministerial level, the Heads of the agencies attached to the Government, the
Heads of the people’s and social organizations at the central level, and the
Presidents of the People’s Committees of the provinces and cities directly
under the Central Government, are responsible for the implementation of this
Decree.
ON BEHALF OF
THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai