THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 128/2020/ND-CP
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Hanoi, October 19, 2020
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DECREE
PENALTIES FOR ADMINISTRATIVE CUSTOMS OFFENCES
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Amendments to the Law on Government Organization and Law on Local Government
Organization dated November 22, 2019;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2012;
Pursuant to the Law on
Customs dated June 23, 2014;
Pursuant to the Law on
Tax Administration dated June 13, 2019;
At the request of the
Minister of Finance;
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Chapter
I
GENERAL
Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures; the power
to impose penalties; the procedures for imposing penalties; implementation of
measures for preventing administrative customs offences and ensuring the
imposition of penalties for administrative customs offences.
2. Customs offences in
this Decree include:
a) Violations against law
regulations on customs procedures;
b) Violations against
regulations of law on customs inspection, customs supervision and customs
control;
c) Administrative
violations against regulations on administration of tax on exports and imports;
d) Violations against
other regulations of law on exports and imports.
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4. The administrative
customs offences that are specified in other legislative documents and are not
specified in this Decree, the former shall apply.
Article
2. Regulated entities
1. Domestic and foreign
organizations and individuals that commit administrative customs offences
within the territory of the Socialist Republic of Vietnam unless otherwise
prescribed by the international agreements to which the Socialist Republic of
Vietnam is a signatory.
2. The persons who have
the power to make records on administrative violations, implement measures for
preventing administrative violations and ensuring the imposition of penalties
for administrative violations and the persons who have the power to impose
penalties for administrative violations specified in Articles 27 to 32 hereof.
3. Other organizations
and individuals involved in imposing penalties for administrative violations
specified in this Decree.
4. Organizations
specified in Clause 1 of this Article include:
a) Enterprises, branches
and representative offices established and operating under Vietnam’s laws;
branches and representative offices of foreign enterprises operating in
Vietnam;
b) Cooperatives,
cooperative unions and artels;
c) Public service
providers;
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dd) Regulatory authorities
committing violations which are not related to their assigned state management
duties;
e) Other organizations
prescribed by law.
Article
3. Mitigating factors
1. The mitigating factors
specified in Article 9 of the Law on Penalties for Administrative Violations
2012.
2. The value of exhibits
of violations does not exceed 50% the minimum fine of the fine bracket.
Article
4. Time limit for imposing penalties for administrative customs offences
1. Time limit for
imposing penalties for offences against tax administration:
a) The time limit for
imposition of penalties for tax evasion that is not liable to criminal
prosecution, understatement of tax payable or overstatement of tax eligible for
refund, remission or cancellation is 05 years from the day on which the offence
is committed;
b) After the
aforementioned time limits expire, the taxpayer will not incur penalties but
still has to fully pay the outstanding tax, the evaded tax, the incorrectly
reduced, exempted or refunded tax plus (+) late payment interest that have
accrued over the last 10 years before the day on which the offence is
discovered.
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3. The time limit for
imposing penalties for administrative violations that are requested by
proceeding agencies as specified in Article 63 of the Law on Penalties for
Administrative Violations 2012 shall apply Point a Clause 1 and Clause 2 of
this Article.
The period during which
the case is examined by the proceeding agency is included in the time limit for
imposing penalties.
4. If the offender
deliberately avoid or obstruct the imposition of penalties during the time
limits specified in Clause 1 and Clause 2 of this Article, the time limit for
imposing penalties shall begin again when the avoidance or obstruction is
stopped.
Article
5. Penalties and remedial measures
1. For each administrative
customs offence, the offender shall incur a main penalty being a warning or a
fine.
2. Warnings shall be
imposed on persons from 14 to under 16 years of age who commit any offence
specified in this Decree.
3. Fines imposed upon
individuals and organizations:
a) The fines mentioned in
Chapter II of this Decree are imposed upon organizations. The fines imposed
upon an individual is 1/2 of those imposed upon an organization, except for the
cases specified in Point b and c Clause 2 of this Clause;
b) The fines for the
violations specified in Article 10 of this Decree are imposed upon individuals;
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d) Household businesses
and households shall incur the same penalties as those incurred by individuals
for committing administrative violations specified in this Decree.
4. Additional penalties:
Confiscation of exhibits
of violations.
5. Remedial measures:
One or more of the
following remedial measures may be enforced:
a) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits and instrumentalities used for committing administrative violations;
b) Enforced removal from
the territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits and instrumentalities used for committing administrative violations at
the border checkpoint of import;
c) Enforced transport of
goods in transit, transshipped goods, goods involved in the merchanting trade
transactions, goods being moved to another custom post outside the checkpoint
area, temporarily imported goods at correct border checkpoint or route;
d) Enforced discard of
goods packages or labels that are changed because of the violations; enforced
removal of the illegal elements of the goods before they are removed from the
territory of the Socialist Republic of Vietnam;
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e) Enforced payment of an
amount equal to the value of the exhibits that have been sold, concealed and
disguised or destroyed against the law.
g) Enforced full payment
of outstanding tax;
h) Enforced payment of
tax incorrectly exempted, reduced, refunded or cancelled;
i) Enforced sticking of
the “Vietnam duty not paid” stamp as prescribed.
Article
6. Cases in penalties for administrative customs offences are exempt
1. The cases in which penalties
are not imposed according to Article 11 of the Law on Penalties for
Administrative Violations 2012.
Customs authority or
other competent authorities must be notified of the goods and vehicles that are
imported to the Socialist Republic of Vietnam due to an unexpected event or
force majeure event; such goods and vehicles must be removed from the Socialist
Republic of Vietnam after the event is over.
2. Cases in which the
additional declaration is permissible within the time limit specified in Clause
4 Article 29 of the Law on Customs 2014.
3. Cases in which customs
declarants comply with guidelines and decisions of tax authorities and/or
competent authorities on determination of their tax liabilities as specified in
Clause 11 Article 16 of the Law on Tax Administration.
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Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, REMEDIAL MEASURES, MEASURES FOR PREVENTING ADMINISTRATIVE
VIOLATIONS AND ENSURING THE IMPOSITION OF PENALTIES FOR ADMINISTRATIVE
VIOLATIONS; PROCEDURES AND POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE
VIOLATIONS
Article
7. Violations against regulations on time limit for completing customs
procedures and submitting tax dossier
1. A fine ranging from
VND 500,000 VND to VND 1,000,000 shall be imposed for failure to perform any of
the following tasks on schedule:
a) Complete, submit,
produce the customs dossier or provide information about the customs dossier on
schedule, except for the violations specified in Clauses 3, 4, 5 and 6 of this
Article and Point b Clause 3 Article 11 of this Decree;
b) Make an additional
declaration when there are changes to the container number, port of loading,
checkpoint of export or vehicle carrying goods for export;
c) Re-export the
transport vehicle that crosses the border checkpoint to deliver goods.
d) Declare additional
information about the customs value behind schedule in the cases where the
official prices of the exports or imports are not available or goods for which
the payment or goods for which payments and added amounts to the customs value
are unknown when the customs declaration is registered.
2. A fine ranging from
VND 1,000,000 VND to VND 2,000,000 shall be imposed for failure to perform any
of the following tasks on schedule:
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b) Send notification of
penalties for offences against tax administration or accounting offences of
enterprises eligible for priority;
c) Submit a report on
quantity of goods imported serving factory construction and goods stored
externally of an export processing enterprise;
d) Submit a report on
quantity of transshipped goods entering, leaving, and stored in the port;
dd) Submit a statistical
report on customs clearance of international postal packages transited through
Vietnam.
3. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) Submitting a customs
declaration before goods for export are gathered at the location notified to
the customs authority;
b) Failure to punctually
submit the statement or report on use of tax-free goods as prescribed;
c) Submitting the
application for imposition of the 0% duty rate on imported parts according to
tax incentive program for the purpose of automobile manufacturing and assembly
or the tax incentive program for automobile supporting industry behind
schedule;
d) Failure to punctually
handle excess raw materials and supplies, waste, scrap, machinery or equipment
that are rented or borrowed and processed products when the processing contract
expires;
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e) Notifying the
processing contract and appendices thereof behind schedule;
g) Failure to re-export
or re-import goods on schedule or within the time limit registered with the
customs authority, except for the violation specified in Point a Clause 4 of
this Article;
h) Failure to punctually
notify the consumption rates applied to the products manufactured.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to punctually
re-export the goods temporarily imported for re-export;
b) Storing goods
transshipped or in transit within the territory of the Socialist Republic of
Vietnam behind schedule;
c) Declaring and
completing procedures after home use or repurposing goods which are tax-free,
eligible for tax exemption, considered to be eligible for tax exemption, tax
refund or tax cancellation or concessional tax within tariff quota before an
inspection decision is made.
5. Penalties for failure
to re-export or re-import temporarily imported or temporarily exported vehicles
on schedule (except for the case specified in Clause 1 of this Article or the
case where vehicles crosses the border checkpoint to deliver goods) are as
follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the vehicle is re-exported
or re-imported less than 30 days behind schedule;
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6. Penalties for failure
to re-export vehicles for the transport of fewer than 24 people (the seats are
determined according to vehicle’s certificate of registration or by physical
inspection) on schedule, except for the case specified in Point c Clause 1 of
this Article are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the vehicle is re-exported
less than 30 days behind schedule;
b) A fine ranging from
VND 20,000,000 to VND 50,000,000 shall be imposed if the vehicle is re-exported
30 days or more behind schedule.
7. Remedial measures:
The violator is compelled
to:
a) remove from the
territory of the Socialist Republic of Vietnam or re-export the temporarily
imported the exhibits which are goods during the effective period of the
decision on penalty imposition if the violation in Point g Clause 3; Point a
Clause 4 of this Article is committed; except for the cases where such goods
are allowed to be sold in Vietnam in accordance with regulations of law on
foreign trade management and other relevant regulations of law or where the
deadline for temporary import and re-export is allowed to be extended in
accordance with regulations of laws on foreign trade management and customs;
b) remove from the
territory of the Socialist Republic of Vietnam or re-export the temporarily
imported vehicle during the effective period of the decision on penalty
imposition if the violation in Point c Clause 1, Clause 5 or Clause 6 of this
Article is committed;
c) remove from the
territory of the Socialist Republic of Vietnam the exhibits which are goods in
transit or transshipped during the effective period of the decision on penalty
imposition if the violation in Point b Clause 4 of this Article is committed.
Article
8. Violations against regulations on customs declaration
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a) Providing incorrect
information about the quantity (the exhibit is worth more than VND 10,000,000),
names, categories and origins of goods being humanitarian aid or grant aid
approved by competent authorities;
b) Providing incorrect
information about the quantity (the exhibit is worth more than VND 10,000,000),
names, categories, quality, customs values, origins and codes of taxable
imports without affecting the tax payable; except for the cases specified in
Point a Clause 1, and Clause 2 of this Article;
c) Failure to specify the
special relationship between the buyer and the seller in the customs
declaration in accordance with regulations of law on customs without affecting
the customs values.
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for failure to declare or to
provide correct information about the names, categories, quality, customs
values and origins of goods that are:
a) Goods in transit,
transshipped or involved in the merchanting trade transactions;
b) Goods used or
destroyed within a free trade zone.
3. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for providing incorrect
information about the quantity (the exhibit is worth more than VND 10,000,000),
names, categories, quality, customs values and origins of exports or imports
that are exempt from tax or tax-free as prescribed by law; except for the cases
specified in Point a Clause 1 and Point d Clause 4 of this Article.
4. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Incorrectly specifying
the number of master and house bills of lading in the goods manifest included
in the dossier on the vehicle entering and leaving Vietnam or the vehicle in
transit;
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c) Incorrectly specifying
the number of pieces of baggage in the baggage declaration included in the
dossier on the vehicle entering and leaving Vietnam or the vehicle in transit;
d) Providing incorrect
information about the quantity (the exhibit is worth more than VND 10,000,000),
names, categories and origins of goods sent to a bonded warehouse or
tax-suspension warehouse; goods sent abroad from a bonded warehouse or
tax-suspension warehouse.
5. A fine ranging from
20,000,000 to 40,000,000 shall be imposed for following customs procedures for
exporting goods without actually exporting them or failure to sufficiently
export goods as declared in terms of the quantity (the exhibit is worth more
than VND 10,000,000), names and customs values of exports; except for those
that are processed products, domestic exports, exports of export processing
enterprises and temporarily imported goods.
This regulation shall not
apply in the cases where the customs declaration is not valid for completing
customs procedures as prescribed in Clause 2 Article 25 of the Law on Customs
2014.
6. If the customs
declarant discovers a violation against regulations on customs declaration
himself/herself and makes an additional declaration behind schedule, penalties
shall be imposed as follows:
a) A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for the violation in Clause 1 of
this Article;
b) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for the violation in Clause 2
of this Article;
c) A fine ranging from
VND 1,500,000 to VND 2,500,000 shall be imposed for the violation in Clause 3
of this Article;
d) A fine ranging from
VND 2,500,000 to VND 5,000,000 shall be imposed for the violation in Clause 4
of this Article;
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7. Where any of the
violations specified in Point b Clause 1, Clause 3 or Clause 5 of this Article
results in understatement of the tax payable or overstatement of tax exempted,
reduced, refunded, cancelled or tax evasion or any regulation on management of
exports and imports is violated, the penalties specified in Articles 9, 14, 15,
16, 17, 18, 19, 20, 21 and 22 of this Decree shall be imposed.
8. Regulations set out in
this Article shall not apply to the case specified in Clause 8 Article 11 of
this Decree.
Article
9. Violations against regulations on customs declaration resulting in
understatement of tax payable or overstatement of tax eligible for refund,
remission or cancellation
1. The acts of making understatement
of tax payable or overstatement of tax eligible for refund, remission or
cancellation include:
a) Incorrectly declaring
the quantity, names, categories, quality, customs values, codes, tax rates, tax
amount and origins of goods, except for the cases in Clause 8 Article 11 and
Point b Clause 1 Article 14 of this Decree;
b) Incorrectly declaring
goods that are tax-free or exempt from tax or goods subject to tariff quotas;
c) Providing incorrect
information in the application for tax exemption/reduction/refund/cancellation
or application for refund of overpaid tax/fine;
d) Violating regulations
on management of materials, supplies, machinery and equipment, processed
products or domestic exports, thereby resulting in discrepancy between actual
stock and values in accounting documents, accounting books or customs dossier
on exports/imports other than the cases specified in Points d, dd, e and g
Clause 1 Article 14 of this Decree;
dd) Violating against
regulations on management of goods in a tax-suspension warehouse, thereby
resulting in discrepancy between actual stock and values in accounting
documents, accounting books or custom dossier on exports/imports other than the
case specified in Point g Clause 1 Article 14 of this Decree;
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g) Declaring imported
goods as processed abroad or domestic exports without a processor or
manufacturer within the territory of the Socialist Republic of Vietnam; or
without having machinery or equipment under the ownership or within the right
of use at the manufacturing facility suitable for materials, supplies and parts
imported for the purpose of processing and production of goods for export.
2. A fine of 10% of the
understated amount of tax payable or the overstated amount of tax exempted,
reduced, refunded or cancelled shall be imposed in the case specified in Clause
1 of this Article if the taxpayer realizes the mistake and adjusts the tax
declaration dossier in accordance with regulations of law on customs in one of
the following cases:
a) After the customs
authority notifies the examination of the customs dossier on the goods
following customs procedures;
b) 60 days after the date
of customs clearance and before the decision on post-clearance inspection or
inspection of the goods granted customs clearance is issued;
c) After the deadline for
adding the statement but before the customs authority issues a decision on
statement examination.
3. A fine of 20% of the
understated amount of tax payable or the overstated amount of tax exempted,
reduced, refunded or cancelled shall be imposed in one of the following cases:
a) The violation in
Clause 1 of this Article is discovered by the customs authority during the
course of following customs procedures;
b) The violation in
Clause 1 of this Article is discovered during the inspection of goods granted
customs clearance;
c) Failure to declare
additional information about the customs value as prescribed is discovered
during the inspection in the cases where the official prices of the goods are
not available or goods for which the payment or goods for which payments and
added amounts to the customs value are unknown when the customs declaration is
registered;
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If an organization or
individual violates any of the violations in Point b, c or d of this Clause and
fails to voluntarily take a remedial measure by fully paying the tax payable
before the record on administrative violation is made, the penalty prescribed
in Point c Clause 1 Article 14 hereof shall be imposed.
4. Remedial measures:
The violator is compelled
to fully pay the outstanding tax; the incorrectly reduced, exempted, refunded
or cancelled tax if any of the violations in this Article is committed.
5. The penalties
specified in Clauses 1, 2 and 3 of this Article shall be is imposed in the
cases where the tax difference does not exceed VND 500,000 per custom
declaration if the violation is committed by an individual, or VND 2,000,000
per custom declaration if the violation is committed by an organization.
6. If the violation
specified in Clause 1, 2 or 3 of this Article involves tax evasion, the penalty
prescribed in Article 14 hereof shall be imposed.
7. Regulations set out in
this Article shall not apply to the cases specified in Articles 15 through 22
hereof.
Article
10. Violations against regulations on declaration of cash in foreign
currencies, cash in Vietnamese currency, negotiable instruments, gold, other
precious metals, gemstones taken along when leaving or entering Vietnam
1. Penalties for failure
to declare or to correctly declare the amount of cash in foreign currencies
allowed to be carried along, cash in Vietnamese currency or gold carried in
excess of the legal limit by a person when leaving Vietnam using a passport or
passport alternative granted by a Vietnamese competent authority,
laissez-passer or bordering resident’s ID card are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit is worth from
VND 5,000,000 to less than VND 30,000,000;
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c) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed if the exhibit is worth from
VND 70,000,000 to less than VND 100,000,000;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
2. Penalties for failure
to declare or to correctly declare the amount of cash in foreign currencies
allowed to be carried along, cash in Vietnamese currency or gold carried in
excess of the legal limit by a person when entering Vietnam using a passport or
passport alternative granted by a Vietnamese or foreign competent authority,
laissez-passer or bordering resident’s ID card, except for the case in Clause 3
of this Article are as follows:
a) A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed if the exhibit is worth from
VND 5,000,000 to less than VND 50,000,000;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 100,000,000;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
3. Penalties for
overstating the amount of cash in foreign currencies, cash in VND or gold
carried are as follows:
a) A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed if the value of overstated
amount of cash in foreign currencies, cash in VND or gold in excess of the
actual amount carried is from VND 5,000,000 to less than VND 20,000,000;
b) A fine ranging from
VND 5,000,000 to less than VND 15,000,000 shall be imposed if the value of
overstated amount of cash in foreign currencies, cash in VND or gold in excess
of the actual amount carried is from VND 20,000,000 to less than VND
100,000,000;
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4. Penalties for failure
to declare or to declare correctly the amount of gold or cash in foreign
currencies carried by a person against the law when entering or leaving Vietnam
using a laissez-passer or bordering resident’s ID card are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from
VND 5,000,000 to less than VND 50,000,000;
b) A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 100,000,000;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
5. Penalties for failure
to declare or to correctly declare the amount of other precious metals,
gemstones or negotiable instruments carried by a person which, by law, must be
declared when entering or leaving Vietnam are as follows:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed if the exhibit is worth from
VND 5,000,000 to less than VND 30,000,000;
b) A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed if the exhibit is worth from
VND 30.000.000 to less than VND 50,000,000;
c) A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 100,000,000;
d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
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Article
11. Violations against regulations on customs inspection
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following
violations:
a) Making erasures or
alterations on the documents included in the customs dossier submitted,
produced or sent to the customs authority according to the registered customs
declaration other than the cases specified in Point a Clause 7 of this Article,
Articles 9, 14, 15, 16, 17, 18, 19, 20, 21 and 22 hereof;
b) Preparing the
statement inconsistently with the accounting books, accounting documents or
customs declaration and the taxpayer realizes the mistake and adjusts the
statement behind schedule other than the case specified in Point e Clause 1 or
Point c Clause 2 Article 9 hereof.
2. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following
violations:
a) Failure to assign
employees or provide instruments serving physical inspection of goods or
vehicles at the request of the customs authority;
b) Violating regulations
on preparation and retention of documents, books, files and electronic data.
c) Preparing the
statement inconsistently with the accounting books, accounting documents or
customs declaration other than the cases specified in Point b Clause 1 of this
Article, Point e Clause 1, Point c Clause 2 Article 9 hereof.
3. A fine ranging from
VND 4,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
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b) Failure to provide
sufficient documents, files or electronic data on exports, imports or vehicles
entering or leaving Vietnam to the customs authority as prescribed by law or
providing them behind schedule.
4. A fine ranging from
VND 8,000,000 to VND 12,000,000 shall be imposed for failure to comply with the
inspection decision issued by a customs authority.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Swapping goods that
have undergone customs inspections and goods that have not;
b) Failure to provide
documents, files or electronic data on exports, imports or vehicles entering or
leaving Vietnam to the customs authority as prescribed by law.
6. Penalties for selling
goods of legal origin at duty-free shops without sticking the “Vietnam duty not
paid” stamp as prescribed are as follows:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less
than VND 10,000,000;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from
VND 10,000,000 to less than VND 20,000,000;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth from
VND 20,000,000 to less than VND 30,000,000;
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dd) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed if the exhibit is worth VND
50,000,000 or more.
7. A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for any of the following
violations:
a) Use of forged
documents; submission or presentation of illegal documents to the customs
authority without initiating criminal prosecution;
b) Illegal use of another
entity’s account or digital signature to follow customs procedures;
c) Illegal access,
falsification or destruction of the customs information system;
d) Selling goods banned
from export, banned from import or suspended from export or import, goods which
have not yet been allowed to be sold in Vietnam as prescribed at duty-free
shops.
8. Penalties for
exporting or importing goods inconsistently with the customs declaration in
terms of quantity, names and categories without any document for additional
declaration in accordance with regulations of law on customs regarding
additional declaration, except for the cases specified in Articles 15 through
22 hereof are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth less
than VND 30,000,000;
b) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth from
VND 30,000,000 to less than VND 50,000,000;
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d) A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed if the exhibit is worth from
VND 70,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
9. Additional penalties:
a) The exhibit of the
administrative violation in Point a Clause 5, Point a Clause 7 or Clause 8 of
this Article shall be confiscated, except for the exhibits subject to the
remedial measures specified in Points a and b Clause 10, and Clause 11 of this
Article.
b) The exhibits which are
forged documents or illegal documents shall be confiscated if the violation in
Point a Clause 7 of this Article is committed.
10. Remedial measures:
The violator is compelled
to:
a) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibits which
are waste failing to meet conditions or technical standards on environment,
goods or items detrimental to human, animal and plant health and the
environment during the effective period of the decision on penalty imposition
if the violation in Point a Clause 7, or Clause 8 of this Article is committed;
b) destroy incident
materials if the violation in Point a Clause 7, or Clause 8 of this Article is
committed;
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d) stick the “Vietnam
duty not paid” stamp as prescribed if the violation in Clause 6 of this Article
is committed.
11. An individual or
organization that commits the violation specified in Point a Clause 7 of this
Article for the purpose of tax evasion shall incur the penalties specified in
Article 14 of this Decree.
Article
12. Violations against regulations on customs supervision
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Transshipping,
storing, deconsolidating or consolidating shipments in the same container or
the same carriage, change of the mode of transport or change of the transport
vehicle during transport of goods under customs supervision without notifying
the customs authority or obtaining approval from the customs authority as
prescribed by law;
b) Destroying waste or
scrap generated from the processing or manufacturing of goods for export or
from activities of an export processing enterprise without notifying the
customs authority;
c) Moving raw materials,
supplies, machinery and equipment to another factory for re-processing or to
another factory or storage area other than the original one already notified to
the customs authority for the purposes of processing or manufacturing of goods
for export without notifying the customs authority;
d) Transporting goods
from the duty-free goods warehouse to a duty-free shop or aircraft and vice
versa without notifying the customs authority or obtaining approval from the
customs authority.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
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b) Changing the packages
or labels of goods under customs supervision without permission;
c) Failure to maintain
the status quo of the goods under customs supervision or goods in storage
pending customs clearance in accordance with regulations of law;
d) Storing goods at a
location other than that prescribed by the customs authority or registered with
the customs authority;
dd) Storing goods in
storage at a location that fails to satisfy all the conditions as prescribed by
law.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to maintain the
status quo of the customs seal or the seal of the carrier in the case where the
customs seal is exempt as prescribed during transport of goods under customs
supervision or for using forged customs seal or carrier’s forged seal.
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Selling goods under
customs supervision, except for the case specified in Clause 5 of this Article.
If the goods sold are
tax-free, eligible for tax exemption or considered to be eligible for tax
exemption, tax refund or tax cancellation or concessional tax within tariff
quota and do not violate exports and imports management policies, penalties
specified in Point g Clause 1 Article 14 of this Decree shall be imposed;
b) Selling a vehicle that
is registered overseas and temporarily imported into Vietnam.
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6. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for failure to maintain the
status quo of the customs seal or the seal of the carrier in the case where the
customs seal is exempt as prescribed during transport of goods under customs
supervision or for using forged customs seal or carrier’s forged seal while the
goods under customs supervision have been sold.
7. Additional penalties:
a) The forged seal shall
be confiscated if the violation in Clause 3 or 6 of this Article is committed;
b) The exhibit of the
violation in Point b Clause 4 of this Article shall be confiscated.
8. Remedial measures:
The violator is compelled
to:
a) transport goods
involved in the merchanting trade transactions, goods being moved to another
custom post outside the checkpoint area or temporarily imported goods at the
correct border checkpoint or route if the violation in Point a Clause 2 of this
Article is committed;
b) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if the violation in Point b Clause 4 of this Article
is committed;
c) remove the packages
and labels that are changed because of the violation specified in Point b
Clause 2 of this Article.
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Article
13. Violations against regulations on customs control
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following
violations:
a) Failure to obey the
order to stop and inspect the vehicle as prescribed;
b) Failure to provide the
hold diagram, give instructions or open the suspected cargo hold on the vehicle
for inspection.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Storing, trading,
transporting exports or imports without illegal documents in a customs area
without legitimate documents if the exhibit is worth less than VND 30,000,000;
b) Illegally transporting
cash in Vietnamese currency, cash in foreign currencies, gold, other precious
metals or gemstones across the border if the exhibit is worth less than VND
30,000,000;
c) Sending a foreign
vehicle across the border without adherence to the prescribed route or
checkpoint or without following customs procedures as prescribed.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for the violating the
regulations in Points a and b Clause 2 of this Article if the exhibit is worth
from VND 30,000,000 to less than VND 50,000,000.
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5. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed for any of the following
violations:
a) The violations
specified in Points a and b Clause 2 of this Article where the exhibit is worth
from VND 70,000,000 to less than VND 100,000,000;
b) Unloading goods at a
port other than the port of destination specified in the goods manifest or bill
of lading;
c) Loading, unloading,
transshipment, carriage transfer or carriage detachment of exports, imports or
goods in transit on a vehicle under customs control without permission by the
customs authority;
d) Concealing and
disguising, destroying or disposing goods to avoid customs inspection or
customs supervision;
dd) Transporting waste to
Vietnam for the consignee on the goods manifest who is ineligible to import
waste as production materials.
6. A fine ranging from VND
60,000,000 to VND 80,000,000 shall be imposed for the violating the regulations
in Points a and b Clause 2 of this Article if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
7. Additional penalties:
The exhibit of the
administrative violation in Point a or b Clause 2; Clause 3; Clause 4; Point a
or d Clause 5; Clause 6 of this Article shall be confiscated, except for the
exhibit subject to the remedial measure specified in Point d Clause 8 of this Article.
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The violator is compelled
to:
a) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if the violation in Point d Clause 5 of this Article
is committed;
b) remove from the
territory of the Socialist Republic of Vietnam or re-export the vehicle
registered overseas during the effective period of the decision on penalty
imposition if violation in Point c Clause 2 of this Article is committed;
c) remove from the territory
of the Socialist Republic of Vietnam or re-export the exhibit which is waste
failing to meet conditions or technical standards on environment during the
effective period of the decision on penalty imposition if the violation
specified in Point dd Clause 5 of this Article is committed;
d) destroy goods or items
detrimental to human, animal and plant health and the environment, and indecent
materials if the violation in Point a or b Clause 2; Cause 3; Clause 4; Point a
Clause 5; Clause 6 of this Article is committed.
Article
14. Penalties for tax evasion
1. Acts of tax evasion
include:
a) Use of illegal or
false documents to make tax declaration; making erasures or alterations on
documents leading to understatement of tax payable or overstatement of tax
exempted, reduced, refunded or cancelled;
b) Incorrectly declaring
codes of goods, tax rates or tax amount though instructions have been provided
by the Ministry of Finance or the customs authority as prescribed;
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d) Following procedures
for exporting processed products; domestic exports; exports of an export
processing enterprise without actually exporting them;
dd) Overstatement of the
quantity or categories of processed products; domestic exports; exports of an
export processing enterprise; re-exported goods;
e) Failure to declare
domestically purchased raw materials or supplies subject to export duty
incorporated into the processed products for export; incorrectly declaring
value of the exported raw materials, supplies or parts incorporated into the
processed products, thereby resulting in the overstatement of tax exempted for
the products processed overseas and then imported into Vietnam;
g) Repurposing goods
which are tax-free, eligible for tax exemption, considered to be eligible for
tax exemption or subject to tariff quotas without notifying the customs
authority as prescribed;
h) Incorrectly declare
quantity, names, categories, quality, value or origins of goods imported from a
free trade zone into the domestic market;
i) Failure to record the
revenues and expenditures related to the determination of tax payables in
accounting books;
k) Selling duty-free
goods to ineligible buyers, in excess of the prescribed allowances or without
satisfying conditions as prescribed by law;
l) Colluding with the
consignor to import goods for the purpose of tax evasion.
2. The taxpayer that
commits any of the violations specified in Clause 1 of this Article which is
not liable to criminal prosecution shall also incur a fine as follows:
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b) Every aggravating
circumstance that is found will cause the fine to increase by 20% but not
exceeding 03 times the evaded tax.
3. Remedial measures:
The violator is compelled
to fully pay the outstanding tax if any of the violations in this Article is
committed.
4. Regulations set out in
this Article shall not apply to the cases specified in Articles 15 through 22
hereof.
5. If any of the
violations in Point c or h Clause 1 of this Article is committed and documents
are not available for additional declaration, the penalty specified in Clause 8
Article 11 hereof shall be imposed.
Article
15. Regulations on export, import and transport of goods banned and suspended
from export and import to Vietnam
1. Penalties for
exporting, importing or transporting goods banned or suspended from export or
import to Vietnam, except for the cases specified in Clauses 2 and 3 of this
Article are as follows:
a) A fine ranging from
VND 3,000,000 to VND 6,000,000 shall be imposed if the exhibit is worth less
than VND 20,000,000;
b) A fine ranging from
VND 6,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from
VND 20,000,000 to less than VND 30,000,000;
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d) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 70,000,000;
dd) A fine ranging from
VND 50,000,000 to VND 80,000,000 shall be imposed if the exhibit is worth from
VND 70,000,000 to less than VND 100,000,000;
e) A fine ranging from
VND 80,000,000 to VND 100.000.000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
2. Penalties for illegally
bringing in or out of the territory of the Socialist Republic of Vietnam
narcotics, weapons and firecrackers of all types on the list of goods banned or
suspended from export and import shall be imposed as prescribed in the
Government’s Decree No. 167/2013/ND-CP dated November 12, 2013.
3. Penalties for
transporting types of elephant ivory or rhino horns which are banned from
export and import shall be imposed as prescribed in Article 22 of the
Government’s Decree No. 35/2019/ND-CP dated April 25; for export and import of
types of elephant ivory or rhino horns which are banned from export and import
shall be imposed as prescribed in Article 23 of the Decree No. 35/2019/ND-CP.
4. Additional penalties:
The exhibit of the
violation in Clause 1 of this Article shall be confiscated, except for the
exhibits subject to the remedial measures specified in Points a and b Clause 5
of this Article.
5. Remedial measures:
The violator is compelled
to:
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b) destroy the exhibits
which are incident materials; cultural products banned from dissemination or
sale or subject to the decision to terminate dissemination or sale;
publications banned from dissemination or sale in Vietnam; exports detrimental
to human, animal and plant health and the environment if any of the violations
in this Article is committed;
c) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if any of the violations in this Article is committed.
Article
16. Export, import, temporary import, re-export, transit and merchanting trade
of goods with images and contents inaccurately representing national
sovereignty or other contents affecting security, politics, economy, society
and diplomatic relations of Vietnam
1. Penalties for export
or import of goods with images or contents inaccurately representing national
sovereignty or other contents affecting security, politics, economy, society
and diplomatic relations of Vietnam are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if there are fewer than 20
units of product involved in the violation;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if there are from 20 to fewer
than 50 units of product involved in the violation;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if there are from 50 to fewer
than 70 units of product involved in the violation;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if there are from 70 to fewer
than 100 units of product involved in the violation;
dd) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if there are 100 units of
product or more involved in the violation.
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The exhibits which are
goods with images or contents inaccurately representing national sovereignty or
other contents affecting security, politics, economy, society and diplomatic
relations of Vietnam shall be confiscated if the violation in Clause 1 of this
Article is committed.
3. Remedial measures:
The violator is compelled
to pay an amount equal to the value of the exhibits that have been sold,
concealed and disguised or destroyed against the law if the violation in this
Article is committed.
Article
17. Export, import, temporary import, re-export, transit and merchanting trade
of goods with falsely declared Vietnamese origins
1. Penalties for export,
import, temporary import, re-export, transit and merchanting trade of goods
with falsely declared Vietnamese origins are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth less
than VND 30,000,000;
b) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from
VND 30,000,000 to less than VND 50,000,000;
c) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 70,000,000;
d) A fine ranging from
VND 50,000,000 to VND 70,000,000 shall be imposed if the exhibit is worth from
VND 70,000,000 to less than VND 100,000,000;
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2. Additional penalties:
The exhibit of the
violation in this Article shall be confiscated, except for the exhibit subject
to the remedial measure specified in Point a Clause 3 of this Article.
3. Remedial measures:
The violator is compelled
to:
a) destroy the exhibits
which are goods or items detrimental to human, animal and plant health and the
environment, and indecent materials if the violation in this Article is
committed;
b) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if the violation in this Article is committed.
Article
18. Violations against regulations on export and import of goods subject to
quotas, licenses, conditions, standards and regulations
1. Penalties for export
or import of goods without a quota, export or import license though the quota,
export or import license is compulsory; export or import of goods that fail to
satisfy conditions, standards or technical regulations; export or import of
goods that have to undergo specialized inspection but failure to notify the
specialized inspection result as prescribed by law:
a) A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less
than VND 20,000,000;
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c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth from
VND 30,000,000 to less than VND 50,000,000;
d) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from
VND 50,000,000 to less than VND 100,000,000;
dd) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more but below the value that is liable to criminal prosecution.
2. A fine that is twice
as much as the fine imposed for the violation mentioned in Clause 1 of this
Article shall be imposed for failure to submit the customs dossier within 30
days from the date on which the shipment arrives at the border checkpoint.
3. Remedial measures:
The violator is compelled
to:
a) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibit within
30 days from the date on which the decision on penalty imposition is received
if any of the violation in this Article is committed; except for exports and
imports licensed by the competent authority within the aforementioned time
limit.
b) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if the violation in this Article is committed.
Article
19. Violations against regulation on export and import of goods on the list of
goods exported or imported by designated traders
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2. Remedial measures:
The violator is compelled
to:
a) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibit within
30 days from the date on which the decision on penalty imposition is received
if the violation in this Article is committed and the exhibits are imports;
except for the goods designated by the competent authority in writing to be
imported within the aforementioned time limit.
b) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or destroyed
against the law if the violation in this Article is committed.
Article
20. Violations against regulations on temporary import and temporary export of
goods
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Temporarily importing
goods (except for temporarily imported goods) without a temporary import
license though a temporary import license is compulsory;
b) Temporarily exporting
goods without a license, except for the case specified in Point b Clause 2 of
this Article.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
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b) Temporarily exporting
goods banned or suspended from export or import without a temporary export
license.
3. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for temporary import of goods
on the list of goods to be temporarily imported or exported under certain
conditions without failure to satisfy the conditions for temporary import.
4. A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for temporary import of goods
without a license though a license is compulsory, except for the case specified
in Clause 5 of this Article.
5. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for the violation in Clause 4
of this Article if the exhibits are goods banned or suspended from export or
import or goods which have not yet been allowed to be sold or used in Vietnam.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for temporary import of
goods on the list of goods banned or suspended from temporary import.
7. Additional penalties:
The exhibits of the
violations in Clauses 2, 3 and 5 of this Article shall be confiscated, except
for the exhibits subject to the remedial measures specified in Points b and c
Clause 8 of this Article.
8. Remedial measures:
The violator is compelled
to:
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b) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibits which
are goods or items detrimental to human, animal and plant health and the
environment at the checkpoint of import during the effective period of the
decision on penalty imposition if the violation in Clause 2, 3 or 5 of this
Article is committed;
c) destroy the exhibits
which are incident materials; cultural products banned from dissemination or
sale or subject to the decision to terminate dissemination or sale;
publications banned from dissemination or sale in Vietnam if any of the
violations in this Article is committed;
d) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if any of the violations in this Article is
committed.
Article
21. Violations against regulations on transit and merchanting trade of goods
1. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for transiting goods without
a license issued by a competent authority though a license is compulsory,
except for the case specified in Clause 2 of this Article.
2. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Transiting goods
without a license though a license is compulsory;
b) Merchanting trade of
goods on the list of goods banned or suspended from export or import or goods
which have not yet been allowed to be sold or used in Vietnam without a license
as prescribed.
3. A fine ranging from
VND 60,000,000 to VND 80,000,000 shall be imposed for merchanting trade of
goods on the list of goods banned or suspended from merchanting trade.
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The exhibit of the
violation in Clause 2 or 3 of this Article shall be confiscated, except for the
exhibits subject to the remedial measures specified in Points b and c Clause 5
of this Article.
5. Remedial measures:
The violator is compelled
to:
a) remove from the territory
of the Socialist Republic of Vietnam or re-export the exhibit at the checkpoint
of import during the effective period of the decision on penalty imposition if
the violation in Clause 1 of this Article is committed, except for the exhibits
subject to the remedial measures specified in Point c Clause 5 of this Article;
b) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibits which
are goods or items detrimental to human, animal and plant health and the
environment at the checkpoint of import during the effective period of the
decision on penalty imposition if the violation in Clause 2 or 3 of this
Article is committed;
c) destroy the exhibits
which are incident materials; cultural products banned from dissemination or sale
or subject to the decision to terminate dissemination or sale; publications
banned from dissemination or sale in Vietnam if any of the violations in this
Article is committed;
d) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if any of the violations in this Article is
committed.
Article
22. Violations against regulations on labeling of imports
2. Penalties for
importing goods whose labels contain incorrect compulsory contents as
prescribed by the law on goods labels with respect to imports (except for
counterfeit goods and goods with falsely declared Vietnamese origins) are as
follows:
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b) A fine ranging from
VND 1,000,000 to VND 3,000,000 if the exhibit is worth from VND 5,000,000 to
less than VND 10,000,000;
c) A fine ranging from
VND 3,000,000 to VND 7,000,000 if the exhibit is worth from VND 10,000,000 to
less than VND 20,000,000;
d) A fine ranging from
VND 7,000,000 to VND 10,000,000 if the exhibit is worth from VND 20,000,000 to
less than VND 30,000,000;
dd) A fine ranging from
VND 10,000,000 to VND 15,000,000 if the exhibit is worth from VND 30,000,000 to
less than VND 50,000,000;
e) A fine ranging from
VND 15,000,000 to VND 20,000,000 if the exhibit is worth from VND 50,000,000 to
less than VND 70,000,000;
g) A fine ranging from
VND 20,000,000 to VND 25,000,000 if the exhibit is worth from VND 70,000,000 to
less than VND 100.000.000;
h) A fine ranging from
VND 25,000,000 to VND 30,000,000 if the exhibit is worth VND 100,000,000 or
more.
3. Penalties for
importing goods without original labels though original labels are compulsory:
a) A fine ranging from
VND 1,000,000 to VND 3,000,000 if the exhibit is worth less than VND 5,000,000;
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c) A fine ranging from
VND 5,000,000 to VND 10,000,000 if the exhibit is worth from VND 10,000,000 to
less than VND 20,000,000;
d) A fine ranging from
VND 10,000,000 to VND 15,000,000 if the exhibit is worth from VND 20,000,000 to
less than VND 30,000,000;
dd) A fine ranging from
VND 15,000,000 to VND 25,000,000 if the exhibit is worth from VND 30,000,000 to
less than VND 50,000,000;
e) A fine ranging from
VND 25,000,000 to VND 35,000,000 if the exhibit is worth from VND 50,000,000 to
less than VND 70,000,000;
g) A fine ranging from
VND 35,000,000 to VND 50,000,000 if the exhibit is worth from VND 70,000,000 to
less than VND 100.000.000;
h) A fine ranging from
VND 50,000,000 to VND 60,000,000 if the exhibit is worth VND 100,000,000 or
more.
4. Remedial measures:
The violator is compelled
to:
a) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibits of
violations in this Article during the effective period of the decision on
penalty imposition;
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Article
23. Violations against regulations on management of bonded warehouses,
tax-suspension warehouses, container freight stations and duty-free shops
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following
violations:
a) Taking goods,
machinery and equipment from the domestic market into a bonded warehouse
serving packaging, classification or maintenance without notifying the customs
authority;
b) Providing package
reinforcement, splitting and packaging services; consolidation, classification,
preservation and sampling of goods in the bonded warehouse without notifying
the customs authority;
c) Transferring the
ownership of goods in the bonded warehouse without notifying the customs
authority;
d) Failure to take goods,
machinery and equipment out of the bonded warehouse, tax-suspension warehouse,
container freight station, duty-free shop or warehouse of the duty-free business
when the storage period expires.
2. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) Moving goods from one
bonded warehouse to another without a written permission from the competent
person of the customs authority in charge of the bonded warehouse;
b) Expanding, narrowing
or relocating a duty-free shop, bonded warehouse, off-airport cargo terminal,
container freight station or site for customs clearance, customs inspection and
supervision without permission from the customs authority;
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d) Failure to punctually
submit reports on the bonded warehouse, tax-suspension warehouse or container
freight station.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Sending goods that, by
law, must not be stored in bonded warehouses to a bonded warehouse;
b) Concealing and
disguising goods in a bonded warehouse or tax-suspension warehouse;
c) Destroying goods in a
bonded warehouse or tax-suspension warehouse against the law.
4. Additional penalties:
a) The exhibit of the
violation in Point b Clause 3 of this Article shall be confiscated;
b) The exhibit of the
violation in Point a Clause 3 of this Article shall be confiscated, except for
the exhibits which are goods banned or suspended from export or import; except
for the exhibits subject to the remedial measures specified in Points b and c
Clause 5 of this Article.
5. Remedial measures:
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a) pay an amount equal to
the value of the exhibits that have been sold, concealed and disguised or
destroyed against the law if the violation in Point b Clause 3 of this Article
is committed;
b) remove from the
territory of the Socialist Republic of Vietnam or re-export the exhibit during
the effective period of the decision on penalty imposition if the violation in
Point a Clause 3 of this Article is committed, except for the exhibit subject
to the remedial measure specified in Point c Clause 5 of this Article;
c) destroy the exhibits
which are incident materials; cultural products banned from dissemination or
sale or subject to the decision to terminate dissemination or sale;
publications banned from dissemination or sale in Vietnam if the violation in
Point a Clause 3 of this Article is committed;
d) remove the illegal
elements of goods with falsely declared Vietnamese origins before they are
removed from the territory of the Socialist Republic of Vietnam if the
violation in Point a Clause 3 of this Article is committed.
Article
24. Violations against regulations on management of exports and imports at
ports, warehouses, depots and sites for customs clearance, customs inspection
and supervision (except for bonded warehouses and tax-suspension warehouses)
1. A fine ranging from
1,000,000 to 3,000,000 shall be imposed for any of the following violations:
a) Failure to punctually
notify the inventory of goods the port, warehouse or depot within customs area;
b) Failure to arrange
goods in the port, warehouse or depot at the request of the customs authority.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
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b) Failure to provide
information and cooperate with the customs authority in monitoring, inspecting
and supervising goods being taken in, out and stored in the port, warehouse,
depot or site for customs clearance, customs inspection and supervision.
3. A fine ranging from
VND 40,000,000 ND to VND 60,000,000 shall be imposed for allowing goods to be
released from a port, warehouse or depot when the goods are not eligible for
release from the customs-controlled area or a notification of suspension of
release of goods from the customs-controlled area has been issued.
Article
25. Violations against regulations on enforcement of administrative decisions
1. A fine ranging from
VND 5,000,000 ND to VND 10,000,000 shall be imposed for failure to transfer
money of an individual or organization that has to implement the decision to
impose penalties for administrative customs offences issued by a competent
authority, except for the case specified in Clause 2 of this Article.
2. A fine equal to the
outstanding tax shall be imposed on the commercial bank that fails to transfer
outstanding tax from the taxpayer’s account to the state budget account at the
request of the tax authority, unless the taxpayer’s account balance is not
sufficient to fully pay the outstanding tax.
3. A fine ranging from
VND 1,000,000 ND to VND 5,000,000 shall be imposed for deliberate failure to
implement the decision on enforced deductions from the violator’s salary or
income.
4. A fine ranging from
5,000,000 to 10,000,000 shall be imposed for any of the following violations:
a) Failure to provide
information or to provide correct information about the transactions related to
exported or imported goods or vehicles entering or leaving Vietnam that are
made via the taxpayer’s account at the credit institution at the request of the
customs authority as prescribed by law;
b) Collaborating or
assisting the taxpayer in tax evasion or avoiding the implementation of the
administrative decisions pertaining to customs.
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1. The application of
measures for preventing administrative violations and ensuring the imposition
of penalties for administrative violations shall comply with Part 4 of the Law
on Penalties for Administrative Violations 2012 and this Decree.
2. If illegal goods and
legal goods are in the same shipment, only illegal goods shall be impounded.
3. If the exhibits are
cash in foreign currencies or Vietnamese currency in cash of the person
entering or leaving Vietnam with a passport or passport alternative issued by a
Vietnamese or foreign competent authority, laissez-passer, bordering resident’s
ID card only the amount that exceeds the allowance shall be impounded.
Article
27. The power to make records on administrative violations
1. The persons who have
the power to impose penalties specified in Articles 28 through 31 hereof
Article, who are performing their duties.
2. Persons of people’s
army or people’s security forces performing their duties at the authorities
prescribed in Articles 28 through 31 hereof.
3. If the administrative
violations are committed on the aircraft, on the ship or on the train, the
pilot in command or the captain shall make the administrative violation record
and transfer it to the persons specified in Articles 28 through 31 hereof when
the aircraft, the ship or the train arrives at the aerodrome, the wharf or the
terminal.
Article
28. Power to impose penalties of Presidents of People’s Committees at all
levels
1. Presidents of
district-level People’s Committees are entitled to:
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b) impose a maximum fine
of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;
c) confiscate the
exhibits which have been used for committing administrative violation but are
worth less than the fine specified in Point b of this Clause;
d) enforce the remedial
measures mentioned in Points a, b, c, d, dd, e and i Clause 5 Article 5 hereof.
2. Presidents of
provincial People’s Committees are entitled to:
a) issue warnings;
b) impose a fine up to
the maximum fine prescribed herein;
c) confiscate the
exhibits used for committing administrative violations;
d) enforce the remedial
measures mentioned in Points a, b, c, d, dd, e and i Clause 5 Article 5 hereof.
Article
29. Power to impose penalties of the customs
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a) issue warnings;
b) impose a maximum fine
of VND 500,000 upon an individual and VND 1,000,000 upon an organization.
2. Team leaders of
Sub-departments of Customs and Sub-departments of Post-Clearance Inspection are
entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 5,000,000 upon an individual and VND 10,000,000 upon an organization.
3. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection,
leaders of customs enforcement teams affiliated to provincial, inter-provincial
or city Customs Departments, smuggling prevention team leaders, leaders of
customs control teams at sea and leaders of intellectual property right
protection teams of the Smuggling Investigation and Prevention Department of
the General Department of Customs are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 25,000,000 upon an individual and VND 50,000,000 upon an organization;
c) confiscate the
exhibits which have been used for committing administrative violation but are
worth less than the fine specified in Point b of this Clause;
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4. Director of Smuggling
Investigation Department, Director of Post-clearance Inspection Department
affiliated to the General Department of Customs and Directors of provincial,
inter-provincial or city Customs Departments are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 50,000,000 upon an individual and VND 100,000,000 upon an organization;
c) confiscate the
exhibits which have been used for committing administrative violation but are
worth less than the fine specified in Point b of this Clause;
d) enforce the remedial
measures mentioned in this Decree.
5. Director General of
General Department of Customs is entitled to:
a) issue warnings;
b) impose a fine up to
the maximum fines specified in Article 24 of the Law on Penalties for
Administrative Violations 2012;
c) confiscate the
exhibits used for committing administrative violations;
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6. Directors of
Sub-departments of Customs, Directors of Sub-departments of Post-Clearance
Inspection, Directors of provincial and inter-provincial Customs Departments,
Director of the Smuggling Prevention Department, Director of the Department of
Post-Clearance Inspection, and the Director General of the General Department
of Customs are entitled to impose penalties for tax offences with maximum fines
specified in Points b, c and d Clause 2 Article 138 of the Law on Tax
Administration.
Article
30. Power to impose penalties of the Border Guard
1. The Border Guard
officers on duty are entitled to issue warnings.
2. Senior officers of the
persons mentioned in Clause 1 of this Article are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 2,500,000 upon an individual and VND 5,000,000 upon an organization.
3. Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 20,000,000 upon an individual and VND 40,000,000 upon an organization;
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d) enforce the remedial
measures mentioned in Point d Clause 5 Article 5 hereof.
4. Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to
the Border Guard High Command are entitled to:
a) issue warnings;
b) impose a fine up to
the maximum fine prescribed herein;
c) confiscate the
exhibits used for committing administrative violations;
d) enforce the remedial
measures mentioned in Points dd and e Clause 5 Article 5 hereof.
Article
31. The power to impose penalties of the Vietnam Coast Guard
1. Coastguard officers on
duty are entitled to:
a) issue warnings;
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2. Captains of coastguard
teams are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 5,000,000 upon an individual and VND 10,000,000 upon an organization.
3. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 10,000,000 upon an individual and VND 20,000,000 upon an organization;
c) enforce the remedial
measures mentioned in Point dd Clause 5 Article 5 hereof.
4. Commanders of
coastguard platoons are entitled to:
a) issue warnings;
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c) confiscate the
exhibits which have been used for committing administrative violation but are
worth less than the fine specified in Point b of this Clause;
d) enforce the remedial
measures mentioned in Points a and dd Clause 5 Article 5 hereof.
5. Commanders in chief of
coastguard squadrons are entitled to:
a) issue warnings;
b) impose a maximum fine
of VND 30,000,000 upon an individual and VND 60,000,000 upon an organization;
c) confiscate the
exhibits which have been used for committing administrative violation but are
worth less than the fine specified in Point b of this Clause;
d) enforce the remedial
measures mentioned in Points a and dd Clause 5 Article 5 hereof.
6. Commanders of regional
coastguard command centers are entitled to:
a) issue warnings;
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c) confiscate the
exhibits which have been used for committing administrative violation but are
worth less than the fine specified in Point b of this Clause;
d) enforce the remedial
measures mentioned in Points a and dd Clause 5 Article 5 hereof.
7. Commander of Vietnam
Coast Guard is entitled to:
a) issue warnings;
b) impose a fine up to the
maximum fine prescribed herein;
c) confiscate the
exhibits used for committing administrative violations;
d) enforce the remedial
measures mentioned in Points a and dd Clause 5 Article 5 hereof.
Article
32. Determination and delegation of the
power to impose penalties for administrative violations and take remedial
measures
1. The maximum fines the
persons specified in this Decree may impose are applied to an administrative
violation.
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3. If multiple persons
are entitled to impose a penalty, the penalty shall be imposed by the first
person who examines the case.
4. If multiple
administrative violations are committed by a person, the power to impose
penalties shall be determined as follows:
a) If the penalties,
fines, value of illegal goods or vehicles that are confiscated and remedial
measures are within the competence of a competent person, that person shall
impose penalties;
b) If the penalties,
fines, value of illegal goods or vehicles that are confiscated and remedial
measures are beyond the competence of a competent person, the case shall be
transferred to a competent authority.
The case that is beyond
the competence of the Director of the Customs Department shall be transferred
to the President of the People’s Committee of the province where the violation
is committed.
The case that is beyond
the competence of the Director of the Smuggling Investigation and Prevention
Department or the Director of the Post-clearance Inspection Department shall be
transferred to the Director General of the General Department of Customs.
c) If multiple persons
specialized in various fields are entitled to impose penalties for a violation,
the President of the competent People’s Committee of the area where the
violation is committed shall impose the penalties.
5. Penalties for all
customs offences committed within a customs area shall be imposed by the
customs authority in charge of that customs area within its power prescribed in
this Circular; if a customs offence is discovered by the Smuggling
Investigation and Prevention Department or the Post-clearance Inspection
Department, penalties shall be imposed within its power.
6. The power to impose
penalties of the customs
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b) Team leaders of Sub-departments
of Customs and Sub-departments of Post-Clearance Inspection shall impose fines
for the administrative violations in Points a, b and d Clause 1 Article 7;
Clause Article 7; Points a, b, c, d, dd, e and h Clause 3 Article 7; Point c
Clause 4 Article 7; Clauses 1, 2, 3 and 4 Article 8; Points a, b, c and d
Clause 6 Article 8; Point a Clause 1, Point a Clause 2, Point a Clause 3, Point
a Clause 5 Article 10; Clauses 1, 2 and 3 Article 11; Clause 1 Article 12;
Clause 1 Article 13; Clauses 1 and 2 Article 23; Clauses 1 and 2 Article 24
hereof;
c) Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection,
leaders of customs enforcement teams affiliated to provincial, inter-provincial
or city Customs Departments, smuggling prevention team leaders, leaders of
customs control teams at sea and leaders of intellectual property right
protection teams of the Smuggling Investigation and Prevention Department of
the General Department of Customs shall impose fines, additional penalties and
remedial measures against the administrative violations in Article 7; Article
8; Points a, b and c Clause 1, Clause 2, Clause 3, Point a Clause 4, Points a
and b Clause 5 Article 10; Clauses 1, 2, 3, 4, 5 and 6 Article 11; Points a, b
and c Clause 8, Clause 9, Clause 10 Article 11; Clauses 1, 2, 3, 4, 5, 7 and 8
Article 12; Clauses 1, 2, 3, 4, 7 and 8 Article 13; Points a, b, c and d Clause
1, Clause 4, Clause 5 Article 15; Points a, b and c Clause 1, Clause 2, Clause
3 Article 16; Points a, b and c Clause 1, Clause 2, Clause 3 Article 17;
Article 18 (unless the fines are beyond the competence of these persons);
Article 19; Clauses 1, 2, 3, 7 and 8 Article 20; Clauses 1, 2, 4 and 5 Article
21; Clauses 1 and 2, Points a, b, c, d, dd, e and g Clause 3, Clause 4 Article
22; Article 23; Clauses 1 and 2 Article 24; Clauses 1, 3 and 4 Article 25 of
this Decree;
d) Director of Smuggling
Investigation Department, Director of Post-clearance Inspection Department
affiliated to the General Department of Customs and Directors of provincial,
inter-provincial or city Customs Departments shall impose fines, additional
penalties and remedial measures against the administrative violations in
Articles 7, 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24;
Clauses 1, 3 and 4 Article 25 of this Decree;
dd) Director General of
General Department of Customs has the power to impose fines, additional
penalties and remedial measures against the administrative violations in Articles
7, 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24; Clauses 1, 3
and 4 Article 25 of this Decree;
e) Directors of
Sub-departments of Customs, Directors of Sub-departments of Post-Clearance
Inspection, Directors of provincial and inter-provincial Customs Departments,
Director of the Smuggling Prevention Department, Director of the Department of
Post-Clearance Inspection, and the Director General of the General Department
of Customs shall impose fines and remedial measures for the tax offences
specified in Articles 9 and 14, and Clause 2 Article 25 of this Decree.
7. Power to impose
penalties of Presidents of district-level People’s Committees
Presidents of
district-level People’s Committees shall impose fines, additional penalties and
remedial measures against the administrative violations in Articles 7, 8, 10,
11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 hereof committed within
the areas under their management.
8. Power to impose
penalties of Presidents of provincial People’s Committees
Presidents of provincial
People’s Committees shall impose fines, additional penalties and remedial
measures against the administrative violations in Clause 2 Article 28 hereof
committed within the areas under their management; except for the violations specified
in Articles 9, 14 and 25 of this Decree.
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a) Senior officers of the
Border Guard officers on duty shall impose penalties for the offences in Clause
1 Article 13 of this Decree;
b) Captains of
border-guard posts, commanders of border-guard flotillas and commanders of
border guards at port checkpoints are entitled to impose penalties for the
administrative violations in Clause 1, Points a and b Clause 2, Clause 7, Point
d Clause 8 Article 13 of this Decree;
c) Commanders of
provincial border guards and commanders of coastal guard fleets affiliated to
the Border Guard High Command shall impose penalties for the administrative
violations in Clause 1, Points a and b Clause 2, Clause 3, Clause 4, Points a,
b and c Clause 5, Clause 6, Clause 7, Points a and d Clause 8 Article 13 of
this Decree.
10. At the positions
within Vietnam’s territorial waters where the customs authority is not
available, the local Vietnam Coast Guard shall impose fines, additional
penalties and remedial measures in accordance with Article 31 of this Article
for the administrative customs offences specified in Article 13 of this Decree.
To be specific:
a) Coastguard officers on
duty shall impose penalties for the violations in Clause 1 Article 13 of this
Decree;
b) Captains of coastguard
teams shall impose penalties for the violations in Clause 1 Article 13 of this
Decree;
c) Coastguard squad
leaders and captains of coastguard stations shall impose penalties for the
violations in Clause 1, Points a and b Clause 2, Point d Clause 8 Article 13 of
this Decree;
d) Commanders of
coastguard platoons shall impose penalties for the violations in Clauses 1, 2,
3, 4 and 7, Point d Clause 8 Article 13 of this Decree;
dd) Commanders of
coastguard platoons shall impose penalties for the violations in Clauses 1, 2,
3, 4 and 7 and Point d Clause 8 Article 13 of this Decree;
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Article
33. Procedure for imposing penalties and implementing decisions on penalty
imposition
1. The procedure for
imposing penalties and implementing decisions to impose penalties for customs
offences shall comply with Chapter III Part 2 of the Law on Penalties for
Administrative Violations 2012 and regulations of this Decree.
2. If the remedial
measures in Points a and b Clause 5 Article 5 of this Decree specified in the
decision on penalty imposition fail to be taken within 30 days from the expiry
date of the decision on penalty imposition, the competent persons specified in
Article 28; Clauses 3, 4 and 5 Article 29; Clauses 3 and 4 Article 30; Clauses
3, 4, 5, 6 and 7 Article 31 of this Decree shall compel the violator to destroy
the exhibits which are goods or items detrimental to human, animal and plant
health and the environment, and indecent materials; confiscate other exhibits.
Article
34. Exemption and reduction of fines for administrative customs offences
1. Entities eligible for
exemption and reduction of fines for administrative offences:
a) Any organization or
individual that commits a offence against administration of tax on exports and
imports shall be exempt from paying fines as prescribed by law on tax
administration;
b) Individuals that incur
penalties for other administrative tax offences shall be eligible for exemption
or reduction of fines as prescribed in Article 77 of the Law on Penalties for
Administrative Violations 2012.
2. An application for
exemption of fine incurred by the organization or individual mention in Point a
Clause 1 of this Article consists of:
a) A written request for
exemption of fine, specifying: The reason for requesting the exemption; The
value of property or goods damaged by the natural disaster, conflagration,
calamity, accident, epidemics, the cost of fatal disease treatment or other
force majeure events; the amount of fine or late payment interest (if any) to
be exempted; the number, symbol and date of the decision on penalty imposition
and the person issuing it.
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c) A document issued by
one of the following agency: Communal police; communal People’s
Committee; Management Board of the industrial park, export-processing zone or economic
zone where the force majeure event occurs; fire department stating that the
taxpayer suffers from damage caused by the natural disaster, calamity,
epidemics, conflagration or accident or other force majeure event in accordance
with the Government’s regulations and date and place of the force majeure
event, except for the case where a declaration of status of the natural
disaster, calamity or epidemics made by the competent authority is available.
3. Procedures for
granting exemption of fine incurred by the organization or individual mention
in Point a Clause 1 of this Article are as follows:
a) The applicant shall
submit an application to the person issuing the decision on penalty imposition;
b) Within 03 working days
from the receipt of a sufficient application, the person issuing the decision
on penalty imposition shall compile documents, verify information and validate
the accuracy and adequacy of the application for submission to the supervisory
authority.
If the application is
insufficient, the person issuing the decision on penalty imposition shall
request the applicant in writing to provide additional documents as prescribed;
c) Within 05 working days
from the receipt of the application, the supervisory authority shall consider
it and notify the person issuing the decision on penalty imposition and the
applicant; in the case of rejection of the application, an explanation shall be
provided.
4. Exemption and
reduction of fines for administrative offences shall not be granted if the
decision on penalty imposition has been implemented.
5. The procedures and
power to grant exemption or reduction of fines to the individual mentioned in
Point b Clause 1 of this Article shall comply with Article 77 of the Law on
Penalties for Administrative Violations 2012.
Chapter III
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Article 35. Effect
1. This Decree comes into
force from December 10, 2020.
2. From the effective
date of this Decree, the Government's Decree No. 127/2013/ND-CP dated October
15, 2013 and the Government’s Decree No. 45/2016/ND-CP dated May 25, 2016 shall
cease to have effect.
3. During the
implementation, if any of the relevant documents referred to in this Decree is
amended or replaced, the newest one shall apply.
Article
36. Grandfather clauses
1. Regulations of this
Decree shall apply to the offences which have been committed before the
effective date of this Decree but are detected or being considered when this
Decree takes effect if this Decree does not provide for legal liability or
impose less serious legal liability.
2. If individuals or
organizations that incur penalties still complain about the decisions on
penalties for administrative offences issued or implemented before this Decree
takes effect, the Law on Penalties for Administrative Violations 2012, the
Government's Decree No. 127/2013/ND-CP and the Government's Decree No.
45/2016/ND-CP shall apply.
Article
37. Responsibility for implementation
1. The Ministry of
Finance shall organize the implementation of this Decree and cooperate with
regulatory authorities, political organizations, socio-political organizations,
social organizations and social - professional organizations in disseminating
this Decree, encouraging the people to implement this Decree and supervising
the implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc