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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
58/2000/ND-CP
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Hanoi, October 24, 2000
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE GOVERNMENT’S
DECREE No. 16/CP OF MARCH 20, 1996 AND DECREE No. 54/1998/ND-CP OF JULY 21,
1998 ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF STATE MANAGEMENT
OVER CUSTOMS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
Pursuant to the Ordinance on Customs of February 20, 1990;
Pursuant to the Ordinance on Conclusion and Implementation of International
Treaties of August 20, 1998;
At the proposal of the General Director of Customs,
DECREES:
Article 1.- To amend and supplement Clause 2 of Article 9b;
Clause 5 of Article 11; Clause 5 and Clause 8 of Article 12a; Articles 31 and
32 of Decree No. 54/CP of July 21, 1998 and Articles 13 and 14 of Decree No.
16/CP of March 20, 1996, hereafter called Decree No. 54 and Decree No. 16 for
short:
1. To add Point c to Clause 2, Article 9b of
Decree No. 54 as follows:
c/ Exporting and/or importing baggages without
permits as prescribed by law.
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d/ Acts of smuggling or illegally transporting
across border goods or foreign exchange valued at VND 100,000,000 or more, or
evading tax with an amount of VND 50,000,000 or more but there are not enough
elements to constitute crimes.
3. To amend and supplement Clause 5, Article 12a
of Decree No. 54 as follows:
- To amend Point d, Clause 5 of Article 12a as
follows:
d/ Exporting and/or importing fake goods and/or
articles of Vietnamese or foreign origin;
- To add Point k to Clause 5 of Article 12a as
follows:
k/ Import goods which, as prescribed, require
permits before a contract is signed, if no permits are produced for goods
transported to border gates as prescribed by law, such goods shall be
considered illegally imported and subject to sanctions as provided for at Point
g, Clauses 5 and 7 of Article 12a.
4. To amend and supplement Clause 8, Article 12a
of Decree No. 54 as follows:
- To amend and supplement the first paragraph of
Clause 8, Article 12a as follows:
For the violations prescribed at Points a and b,
Clause 3, Article 12a of Decree No. 54, if the goods are raw materials or
supplies imported for exports processing or production, such violations shall
be sanctioned according to the provisions in Clause 1, Article 12c of Decree
No. 54; after the sanctioning decision is executed, the goods shall be further
handled in strict accordance with the provisions at Points a, b, c, d, e,
Clause 8, Article 12a of Decree No. 54.
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g/ Not to administratively sanction acts of:
- Making false customs declaration, but there
are not evidences of committing frauds or shirking the implementation of other
State regulations on export and/or import, or it falls beyond the
responsibility of customs declarer; in this case, the customs office shall
adjust or supplement the declarations and complete other procedures.
- Making false customs declaration, but the
actually imported goods quantity is smaller than declared; the declared tax
amount is larger than or equal to the payable tax amount while having no
intention to shirk the implementation of other State regulations on export
and/or import.
- The declared quantity is at variance with the
quantity of goods or articles prescribed at Point b, Clause 3, Article 12a of
Decree No. 54/CP and Articles 13 and 14 of this Decree, with a value of under
VND 10,000,000.
5. To amend and supplement Articles 13 and 14 of
Decree No. 16 as follows:
Article 13.- Violations of the regulations on foreign exchange and/or
gold upon one’s exit or entry but
such violations are not serious enough to be examined for penal liability.
1. Upon exit:
A fine of between VND 1,000,000 and 4,000,000
for acts of failing to declare foreign exchange or gold as prescribed by law
with a value equivalent to VND 10,000,000 or more.
2. Upon entry:
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b/ A fine of between VND 10,000,000 and
20,000,000 for acts of over-declaring foreign exchange and/or gold with a value
equivalent to VND 100,000,000 or more.
c/ A fine of between VND 500,000 and 2,000,000
for acts of failing to declare foreign exchange or gold as provided for by law,
with a value equivalent to VND 10,000,000 or more.
3. A fine of between VND 10,000,000 and VND
20,000,000 for acts prescribed in Clause 1 and Point c, Clause 2 of this
Article, if such acts involve aggravating factors, or the amount of undeclared
foreign currency(ies) is equivalent to VND 50,000,000 or more but such acts are
not serious enough to be examined for penal liability.
After sanctioning under the provisions in Clause
1, Point c of Clause 2 and Clause 3 of this Article, if the amount of foreign
currency(ies) has legitimate origin, it shall be returned; otherwise it shall
be confiscated for the public fund.
Article 14.- Violations of the regulations on Vietnamese currency
upon one’s exit and/or entry
1. Warning or a fine of between VND 200,000 and
1,000,000 for acts of failing to declare Vietnamese currency upon one’s exit or entry as prescribed by law, with a
quantity of between VND 10,000,000 and 20,000,000.
2. A fine of between VND 1,000,000 and 4,000,000
for acts of failing to declare Vietnamese currency upon one’s exit or entry as provided for by law, with a
quantity of between over VND 20,000,000 and 100,000,000.
After sanctioning under the provisions in
Clauses 1 and 2 of this Article, if the money amount has legitimate origin, it
shall be returned; otherwise it shall be confiscated for the public fund.
6. To amend and supplement Articles 31 and 32 of
Decree No. 54 as follows:
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Article 32.- Upon receiving complaints from organizations,
individuals or their representatives at law, the persons competent to settle
complaints shall have to base themselves on the Law on Complaints and
Denunciations and relevant legal documents to settle them.
Article 2.-
1. This Decree takes effect 15 days after its
signing. To annul the provisions in Articles 31 and 32 of Decree No. 54 and
Articles 13 and 14 of Decree No. 16 on sanctioning administrative violations in
the field of State management over customs.
2. In cases where an international treaty which
Vietnam has signed or acceded to contains other provisions on sanctioning
administrative violations, the provisions of such treaty shall apply.
The General Director of Customs shall have to
guide the implementation of this Decree.
Article 3.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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