MINISTRY
OF FINANCE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
23/VBHN-BTC
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Hanoi,
October 21, 2022
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DECREE[1]
PENALTIES
FOR ADMINISTRATIVE CUSTOMS OFFENCES
The Government’s Decree No.
128/2020/ND-CP on penalties for administrative customs offences, which has been
effective since December 10, 2020, is amended by:
The Government’s Decree No.
102/2021/ND-CP dated November 16, 2021 on amendments to some Articles of
Decrees on penalties for administrative offences against regulations on tax and
invoicing; customs; insurance business and lottery business; management and use
of public property, thrift practice and wastefulness combat; national reserve;
state treasury; accounting and independent audit, which has been effective
since January 01, 2022.
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law dated
November 22, 2019 on Amendments to some Articles of the Law on Government
Organization and Law on Local Government Organization;
Pursuant to the Law on Penalties
for Administrative Violations dated June 20, 2012;
Pursuant to the Law on Customs
dated June 23, 2014;
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At the request of the Minister
of Finance;
The Government hereby
promulgates a Decree on penalties for administrative customs offences. [2]
Chapter I
GENERAL PROVISIONS
Article 2. Scope
1. This Decree provides for
administrative offences, 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) Offences against law regulations
on customs procedures;
b) Offences against regulations of
law on customs inspection, customs supervision and customs control;
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d) Offences against other
regulations of law on exports and imports.
3. Regarding
customs offences against management of exported, imported and transited goods,
vehicles entering and leaving Vietnam, vehicles in transit, regulations on
penalties for customs offences shall apply.
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 offences, implement measures for preventing
administrative offences and ensuring the imposition of penalties for
administrative offences and the persons who have the power to impose penalties
for administrative offences specified in Articles 27 to 32 hereof.
3. Other organizations and
individuals involved in imposing penalties for administrative offences
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;
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c) Public service providers;
d) Social organizations,
socio-political organizations, socio-professional organizations;
dd) Regulatory authorities
committing offences which are not related to their assigned state management
duties;
e) Other organizations prescribed
by law.
Article 2a. Principles of
imposing penalties for administrative customs offences in cases where multiple
administrative offences are committed [3]
Any
organization or individual that commits multiple administrative offences shall
face a penalty for each offence, unless an offence in Point a, b or d Clause 1,
Point a Clause 3 Article 7; Clause 1, 2 or 3, Point d Clause 4, Point a, b, c
or d Clause 6 Article 8; Point a Clause 1, Point b Clause 2 Article 11 of this
Decree which involves multiple declarations/documents in the customs dossier is
committed at different times of customs declaration registration and discovered
at the same time but has yet to be considered, a penalty shall be imposed for
that offence while the repeat of that offence shall be taken into account as an
aggravating circumstance provided that the prescriptive time limit for penalty imposition
has not yet expired.
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 offences
does not exceed 50% the minimum fine of the fine bracket.
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1. Prescriptive time limits for
imposing penalties for offences against tax administration:
a) The prescriptive 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
prescriptive 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.
2. [4] The prescriptive time limits for
imposing penalties for other customs offences is similar to that in Article 6
of the Law on Penalties for Administrative Violations 2012 and Clause 4 Article
1 of the Law on Amendments to some Articles of the Law on Penalties for
Administrative Violations, except for the cases specified in Clause 1 of this
Article.
The dates which are used to
determine the prescriptive time limits for imposing penalties for other customs
offences are specified in Clauses 5 and 6 of this Article.
3. The prescriptive time limits for
imposing penalties for administrative offences that are requested by proceeding
agencies as specified in Article 63 of the Law on Penalties for Administrative
Violations 2012 and Clause 31 Article 1 of the Law on Amendments to some
Articles of the Law on Penalties for Administrative Violations[5]
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 prescriptive 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 prescriptive
time limit for imposing penalties shall begin again when the avoidance or
obstruction is stopped.
5. [6] Offences
considered to have been ended and ending dates of offences are as follows:
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b) The ending date of an
administrative offence specified in Article 8 hereof is the date on which the
customs declaration is registered; the date on which the goods manifest, the
passenger list or the baggage declaration included in the dossier on the
vehicle entering and leaving Vietnam or the vehicle in transit is submitted;
c) The ending date of an administrative
offence specified in Article 10 hereof is the date on which the person entering
or leaving Vietnam completes customs declaration;
d) The ending date of an
administrative offence specified in Point a Clause 1 Article 11 hereof is the
date on which the documents in the customs dossier are submitted, produced or
sent to the customs authority according to the registered customs declaration;
dd) The ending date of an
administrative offence specified in Point b Clause 1 Article 11 hereof is the
date on which the taxpayer makes an amendment to the statement;
e) The ending date of an
administrative offence specified in Point c Clause 2 Article 11 hereof is the
date on which the taxpayer submits the statement;
g) The ending date of an
administrative offence specified in Point a Clause 7 Article 11 hereof is the
date on which the documents are declared, submitted or produced to the customs
authority;
h) The ending date of an
administrative offence specified in Point b Clause 7 Article 11 hereof is the
date on which the illegal use of another entity’s account or digital signature
to follow customs procedures is terminated;
i) The ending date of an
administrative offence specified in Point c Clause 7 Article 11 hereof is the
illegal access to, falsification or destruction of the customs information
system is terminated;
k) The ending date of an
administrative offence specified in Article 9; Clause 8 Article 11; Points b,
c, dd, e or h Clause 1 Article 14; Clause 1 Article 15; Article 16; Article 17;
Article 18; Article 19; Article 20; Article 21; Article 22 hereof is the date
on which the customs declaration is registered;
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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 Points b and c Clause 2 of this Clause;
b) The fines for the offences
specified in Article 10 of this Decree are imposed upon individuals;
c) The fines for administrative
offences against tax administration specified in Articles 9 and 14 of this
Decree are imposed upon both individuals and organizations;
d) Household businesses and
households shall incur the same penalties as those incurred by individuals for
committing administrative offences specified in this Decree.
dd) [8] Upon
imposing a fine, the specific amount of fine for an administrative offence is
the average of specific fines in the range for such offence. For a mitigating
circumstance that exists, the average fine for an offence in the fine range
shall be reduced by 10% provided that the fine amount imposed for such offence
is not lower than the minimum fine in that range. Meanwhile, for an aggravating
circumstance that exists, the average fine for an offence in the fine range
shall be increased by 10% provided that the fine amount imposed for such offence
is not greater than the maximum fine in that range.
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4. Additional penalties:
Confiscation of exhibits of offences.
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 offences;
b) Enforced removal from the
territory of the Socialist Republic of Vietnam or enforced re-export of
exhibits and instrumentalities used for committing administrative offences 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 offences; enforced removal
of the illegal elements of the goods before they are removed from the territory
of the Socialist Republic of Vietnam;
dd) Enforced destruction of goods
or items detrimental to human, animal and plant health and the environment, and
indecent materials;
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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 which
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.
4. Cases in which goods sent to
Vietnam are not conformable with the contract as prescribed in Article 39 of
the Law on Commerce 2005 (except for goods banned from import, goods suspended
from import, counterfeit goods, and waste which are not included in the List of
waste permitted for import as production materials) but have been notified in
writing (with reasons clearly specified) and enclosed with relevant documents
by the consignor, the carrier and the consignee or legal representative of such
consignor, carrier and consignee to the Director of the Sub-department of
Customs where goods are stored before the customs declaration is registered.
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ADMINISTRATIVE OFFENCES, PENALTIES, REMEDIAL MEASURES,
MEASURES FOR PREVENTING ADMINISTRATIVE OFFENCES AND ENSURING THE IMPOSITION OF
PENALTIES FOR ADMINISTRATIVE OFFENCES; PROCEDURES AND POWER TO IMPOSE PENALTIES
FOR ADMINISTRATIVE OFFENCES
Article 7. Offences 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 offences 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:
a) Provide the audit report or
financial statement of enterprises eligible for priority;
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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 offences:
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;
dd) Failure to send a notification
of additional information on schedule when there is a change of the processor
or the manufacturer of goods for export; storage location of raw materials,
supplies, machinery and equipment, products for export;
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g) Failure to re-export or
re-import goods on schedule or within the time limit registered with the
customs authority, except for the offence 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 offences:
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;
b) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed if the vehicle is re-exported or
re-imported 30 days or more behind schedule.
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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 offence 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 offence
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 offence in Point b Clause 4 of this Article is committed.
Article 8. Offences against
regulations on customs declaration
1. A fine ranging from VND 1,000,000
to VND 2,000,000 shall be imposed for any of the following offences:
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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 offences:
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;
b) Incorrectly specifying the
number of passengers in the passenger list included in the dossier on the
vehicle entering and leaving Vietnam or the vehicle in transit;
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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 VND
20,000,000 to VND 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 an offence 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 offence 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 offence 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 offence 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 offence in Clause 4 of this
Article;
dd) A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for the offence in Clause 5 of
this Article;
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8. Regulations set out in this
Article shall not apply to the case specified in Clause 8 Article 11 of this
Decree.
Article 9. Offences 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;
e) Preparing the statement in which
the quantity of imported materials, supplies and parts used for production does
not match the actual one;
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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 offence in Clause 1 of this
Article is discovered by the customs authority during the course of following
customs procedures;
b) The offence 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;
d) The offence in Clause 1 of this
Article is discovered by the customs declarant himself/herself and he/she has
adjusted the tax declaration dossier after the inspection conclusion is given.
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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 offences 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 offence
is committed by an individual, or VND 2,000,000 per custom declaration if the offence
is committed by an organization.
6. If the offence 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. Offences 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;
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 70,000,000;
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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 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 in case of committing the offence specified in Clause 2 of this
Article:
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;
c) A fine ranging from VND
15,000,000 to VND 25,000,000 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 VND 100,000,000 or more but below the value that is liable to
criminal prosecution.
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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.
6. The value of an exhibit
specified in this Article is the value exclusive of the value of foreign
currencies, Vietnamese currency in cash, negotiable instruments, gold, other
precious metals or exempt from customs declaration as prescribed by law.
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1. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed for any of the following offences:
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 offences:
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 offences:
a) Failure to present the goods
under customs supervision or goods in storage which must undergo post-clearance
inspection at the request of the customs authority in accordance with
regulations of law on customs;
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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 offences:
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;
d) 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;
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7. A fine ranging from VND
40,000,000 to VND 80,000,000 shall be imposed for any of the following offences:
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;
c) A fine ranging from VND
20,000,000 to VND 40,000,000 shall be imposed if the exhibit is worth from VND
50,000,000 to less than VND 70,000,000;
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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 offence 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 offence 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 offence in Point
a Clause 7, or Clause 8 of this Article is committed;
b) destroy incident materials if
the offence in Point a Clause 7, or Clause 8 of 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 the offence in Point a Clause 5; Point a Clause 7, or Clause
8 of this Article is committed;
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11. An individual or organization
that commits the offence 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. Offences against
regulations on customs declaration
1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
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 offences:
a) Transporting goods in transit,
transshipped goods, goods involved in the merchanting trade transactions, goods
being moved to another custom post outside the checkpoint area or temporarily
imported goods without adherence to prescribed or registered route, location,
destination or time specified in the customs dossier;
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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. 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 offences:
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.
5. A fine ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for selling goods in storage
pending customs clearance as prescribed.
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7. Additional penalties:
a) The forged seal shall be
confiscated if the offence in Clause 3 or 6 of this Article is committed;
b) The exhibit of the offence 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 offence 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 offence in Point b Clause 4 of this Article is
committed;
c) remove the packages and labels
that are changed because of the offence specified in Point b Clause 2 of this
Article.
9. If an organization or individual
commits the offence in Point a Clause 4, Clause 5 or Clause 6 of this Article
while the goods have been sold and violates the regulation set out in Article
15, 16, 17, 18, 19, 20, 21 or 22 hereof, in addition to incurring a penalty as
specified in Point a Clause 4, Clause 5 or Clause 6 of this Article, he/she
shall incur a penalty for the corresponding offence specified in Article 15,
16, 17, 18, 19, 20, 21 or 22 hereof.
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1. A fine ranging from VND
1,000,000 to VND 3,000,000 shall be imposed for any of the following offences:
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 offences:
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.
4. A fine ranging from VND
20,000,000 to VND 40,000,000 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
50,000,000 to less than VND 70,000,000.
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a) The offences 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 offence
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.
8. 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 offence 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 offence 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 offence 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 offence 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;
c) Violating any of the offences in
Point b, c or d Clause 3 of Article 9 but failing to fully pay the tax payable as
prescribed before the offence record is made;
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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 declaring 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 offences specified in Clause 1 of this Article which is not liable to criminal
prosecution shall also incur a fine as follows:
a) A fine equal to the amount of
evaded tax if no aggravating circumstances are found;
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3. Remedial measures:
The violator is compelled to fully
pay the outstanding tax if any of the offences 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 offences 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;
c) A fine ranging from VND
10,000,000 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;
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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 offence 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:
a) 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 during
the effective period of the decision on penalty imposition if any of the offences
in this Article is committed;
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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 offences 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 offence;
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 offence;
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 offence;
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 offence;
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 offence.
2. Additional penalties:
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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 offence 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;
dd) A fine ranging from VND
70,000,000 to VND 100,000,000 shall be imposed if the exhibit is worth VND
100,000,000 or more.
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The exhibit of the offence 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 offence 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 offence in this Article is committed.
Article 18. Offences 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;
b) A fine ranging from VND
5,000,000 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
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 offence 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 offence
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 offence in this Article is committed.
Article 19. Offences against
regulation on export and import of goods on the list of goods exported or
imported by designated traders
1. A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for exporting or importing goods
on the list of goods exported or imported by designated traders without the
designation decision issued by a competent authority as prescribed.
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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 offence 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 offence in this Article is committed.
Article 20. Offences 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 offences:
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 offences:
a) Temporarily importing (except
for temporarily imported goods) goods banned or suspended from export or
import;
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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 offence 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 offences 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:
a) 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 offence in Point c Clause
1, Clause 4 or Clause 6 of this Article is committed;
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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 offences 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 offences in this Article is committed.
Article 21. Offences 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 offences:
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.
4. Additional penalties:
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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
offence 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 offence 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 offences 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 offences in this Article is committed.
Article 22. Offences against
regulations on labeling of imports
1. A fine ranging from VND
1,000,000 to VND 3,000,000 shall be imposed for importing goods on which contents
are illegible as prescribed by the law on goods labels but the importer fails
to remedy the situation.
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 offences in this
Article during the effective period of the decision on penalty imposition;
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Article 23. Offences 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 offences:
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 offences:
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 offences:
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 offence in
Point b Clause 3 of this Article shall be confiscated;
b) The exhibit of the offence 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 offence 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 offence 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 offence 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 offence in Point a Clause
3 of this Article is committed.
Article 24. Offences 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 offences:
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 offences:
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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. Offences 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 VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
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 offences and ensuring the imposition of penalties for
administrative offences shall comply with Part 4 of the Law on Penalties for
Administrative Violations 2012 and Clauses 61 through 67 of the Law on Amendments to
some Articles of the Law on Penalties for Administrative Violations [10]
and regulations enshrined in 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 offences
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 offences
are committed on the aircraft, on the ship or on the train, the pilot in
command or the captain shall make the administrative offence record and
transfer it to the persons specified in Articles 28 through 32 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 exhibits of offences[11];
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 offences;
d) enforce the remedial measures
mentioned in Points a, b, c, d, dd, e and i Clause 5 Article 5 hereof.
Article 29. The power to impose
penalties for administrative offences of the customs [12]
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For other administrative
offences, the power to impose penalties of the customs is as follows:
1. Customs officials on duty are
entitled to:
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 and group
leaders of Sub-departments of Customs; team leaders of control teams affiliated
to provincial, inter-provincial or central-affiliated city Customs Departments;
team leaders of 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 control
teams affiliated to provincial, inter-provincial or central-affiliated city
Customs Departments; leaders of criminal investigation teams, leaders of
smuggling prevention teams, captains of maritime control flotillas; leaders of
anti-smuggling, counterfeit product control and intellectual property teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments as an affiliate of the
Post-clearance Inspection Department are entitled to:
a) issue warnings;
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c) confiscate the exhibit or
instrumentality whose value does not exceed VND 50,000,000 if the
administrative offence is committed by an individual or VND 100,000,000 if the
administrative offence is committed by an organization;
d) enforce the remedial measures
mentioned in this Decree.
4. The Director of the Smuggling
Investigation and Prevention Department, the Director of the Post-clearance
Inspection Department, a subsidiary of the General Department of Vietnam
Customs, and Directors of the provincial, inter-provincial or
centrally-affiliated 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 used
for committing administrative offences;
d) enforce the remedial measures
mentioned in this Decree.
5. The Director of the General
Department of Vietnam Customs is entitled to:
a) issue warnings;
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c) confiscate the exhibits used
for committing administrative offences;
d) enforce the remedial measures
mentioned in this Decree.
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.
2a. [13] The leaders of Task
Force Teams for drug and crime prevention and control which are put under the
control of Task Force Commissions are entitled to::
a) issue warnings;
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c) confiscate the exhibit or
instrumentality whose value does not exceed VND 20,000,000 if the
administrative offence is committed by an individual or VND 40,000,000 if the
administrative offence is committed by an organization;
d) enforce the remedial measures
mentioned Point dd Clause 5 Article 5 of this Decree.
3. [14] Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the
Border Guard Commands at port border gates 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;
c) confiscate the exhibit or
instrumentality whose value does not exceed VND 40,000,000 if the
administrative offence is committed by an individual or VND 80,000,000 if the
administrative offence is committed by an organization;
d) enforce the remedial measures
mentioned Points a and dd Clause 5 Article 5 of this Decree.
3a. [15] Leaders of Task Force
Commissions for Drug and Crime Prevention and Control as an affiliate of the
Department of Drug and Crime Prevention and Control under the control of the
Command of Border Guards are entitled to:
a) issue warnings;
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c) confiscate the exhibit or
instrumentality whose value does not exceed VND 100,000,000 if the
administrative offence is committed by an individual or VND 200,000,000 if the
administrative offence is committed by an organization;
d) enforce the remedial measures
mentioned Points a, dd and e Clause 5 Article 5 of this Decree.
4. [16] Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons, and
Director of the Department of Drug and Crime Prevention and Control affiliated
to the Command of Border Guards are entitled to:
a) issue warnings;
b) impose a maximum fine of VND
100,000,000 upon an individual and VND 200,000,000 upon an organization;
c) confiscate the exhibits used
for committing administrative offences;
d) enforce the remedial measures
mentioned Points a, dd and e Clause 5 Article 5 of this Decree.
Article 31. The power to impose
penalties of the Vietnam Coast Guard
1. Coastguard officers on duty are
entitled to:
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b) impose a maximum fine of VND
1,500,000 upon an individual and VND 3,000,000 upon an organization.
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:
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b) impose a maximum fine of VND
20,000,000 upon an individual and VND 40,000,000 upon an organization;
c) [17] confiscate the exhibit
or instrumentality whose value does not exceed VND 40,000,000 if the
administrative offence is committed by an individual or VND 80,000,000 if the
administrative offence is committed by an organization
d) enforce the remedial measures
mentioned Points a and dd Clause 5 Article 5 of this Decree.
5. [18] Captains of Naval Border
Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam 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 exhibit or
instrumentality whose value does not exceed VND 60,000,000 if the
administrative offence is committed by an individual or VND 120,000,000 if the
administrative offence is committed by an organization;
d) enforce the remedial measures
mentioned Points a and dd Clause 5 Article 5 of this Decree.
6. [19] Commanders of Regional
Coastguard Command Centers and Director of the Department of Operations and
Legislation under the control of the Command of Coast Guard of Vietnam 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 used
for committing administrative offences;
d) enforce the remedial measures
mentioned Points a and dd Clause 5 Article 5 of this Decree.
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 offences;
d) enforce the remedial measures
mentioned Points a and dd Clause 5 Article 5 of this Decree.
Article 32. Determination
and delegation of the power to impose penalties for administrative offences and
take remedial measures
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2. Where a fine is imposed, the
maximum fine the person may impose depends on the maximum fine of the fine
bracket for that offence.
3. If multiple persons are entitled
to impose a penalty, the penalty shall be imposed by the first person who
examines the case.
4. In case an administrative
offence case involves multiple acts of offence, the power to impose penalties
for an administrative offence shall be determined according to the following
principles:[20]
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 offence 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 an offence, the
President of the competent People’s Committee of the area where the offence 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.
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a) Customs
officials on duty shall impose fines for the administrative offences in Clause
1 Article 7; Point a Clause 6 Article 8; Point a Clause 2 Article 22 of this
Decree;
b) [22] Team
Leaders, Group Leaders of Customs Sub-departments; Leaders of Groups in Control
Teams affiliated to provincial, inter-provincial or central-affiliated city
Customs Departments; Leaders of Teams in Post-clearance Inspection
Sub-departments has the power to impose penalties for the administrative
offences specified in Points a, b and d Clause 1 Article 7; Clause 2 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 of this Decree;
c) [23] Directors
of Sub-departments of Customs; Sub-departments of Post-Clearance Inspection,
leaders of control teams affiliated to provincial, inter-provincial or
central-affiliated city Customs Departments; leaders of criminal investigation
teams, leaders of smuggling prevention teams, captains of maritime control
flotillas; leaders of anti-smuggling, counterfeit product control and
intellectual property teams affiliated to the Smuggling Investigation and Prevention
Department; Directors of Post-clearance Inspection Sub-departments as an
affiliate of the Post-clearance Inspection Department has the power to impose
fines, additional penalties and remedial measures against the administrative
offences 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 offences
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 offences
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 offences 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
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9. [24] At the positions along
the national border where the customs organization is not available, the local
Border Guard has the power to impose fines, additional penalties and remedial
measures in accordance with Article 30 of this Article for the administrative
customs offences specified in Article 13 of this Decree. To be specific:
a) Senior officers of the Border
Guard officers on duty have the power to impose penalties for the offences in
Clause 1 Article 13 of this Decree;
b) The leaders of Task Force
Teams for drug and crime prevention and control which are put under the control
of Task Force Commissions have the power to impose penalties for the
administrative offences in Clause 1, Points a and b Clause 2, Clause 7, Point d
Clause 8 Article 13 of this Decree;
c) Commanding Officers of Border
Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the Border
Guard Commands at port border gates have the power to impose penalties for the
administrative offences in Clause 1, Clause 2, Clause 3, Clause 4, Clause 7,
Points b and d Clause 8 Article 13 of this Decree;
d) Leaders of Task Force
Commissions for Drug and Crime Prevention and Control as an affiliate of the
Department of Drug and Crime Prevention and Control under the control of the
Command of Border Guards have the power to impose penalties for the administrative
offences in Article 13 of this Decree;
dd) Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons, and
Director of the Department of Drug and Crime Prevention and Control affiliated
to the Command of Border Guards have the power to impose penalties for the
administrative offences in 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 offences in Clause 1 Article 13 of this Decree;
b) Captains of coastguard teams
shall impose penalties for the offences in Clause 1 Article 13 of this Decree;
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d) Commanders of coastguard
platoons shall impose penalties for the offences in Clauses 1, 2, 3, 4 and 7,
Point d Clause 8 Article 13 of this Decree;
dd)[25] Captains of Naval
Border Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task
Force Commissions for Drug Crime Prevention and Control under the control of
the Command of Coast Guard of Vietnam have the power to impose penalties for
the administrative offences in Clauses 1, 2, 3 and 4, Points b, c, d and dd
Clause 5, Clause 7, Points b, c and d Clause 8 Article 13 of this Decree;
e)[26] Commanders of
Regional Coastguard Command Centers and Director of the Department of
Operations and Legislation under the control of the Command of Coast Guard of
Vietnam have the power to impose penalties for the administrative offences in
Clauses 1, 2, 3, 4, 5, 6 and 7, Points b, c and d Clause 8 Article 13 of this
Decree.
Article 33. Procedure for
imposing penalties and implementing decisions on penalty imposition
1. [27] The procedures
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 Clauses 29 through 45 Article 1 of the
Law on Amendments to some Articles of the Law on Penalties for Administrative
Violations; Chapter XIV Section 1 Chapter XV of the Law on Tax Administration
2019; Chapter XIV, section 1 Chapter XV of the Law on Tax Administration 2019;
Chapter VII of the Government’s Decree No. 126/2020/ND-CP dated
October 19, 2020 on elaboration of the Law on Tax Administration, 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
33a. Implementing remedial measures [28]
1. When an individual or
organization is compelled to remove from the territory of the Socialist
Republic of Vietnam or re-export the exhibit or instrumentality involved in an
administrative offence, the customs authority shall carry out a close
supervision from the place of storing goods involved in the offence to the
border checkpoint of re-export.
The supervision result must be
certified by the border checkpoint customs in writing or by other electronic
means and sent back to the customs authority that issued the administrative
penalty imposition decision within 05 (five) days from the date on which the
exhibit or instrumentality involved in an administrative offence is removed
from the territory of Vietnam or re-exported for keeping of the case file.
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a) If the exhibit or
instrumentality involved in the administrative offence is being stored at the
border checkpoint area, the customs authority must carry out a close
supervision thereof to ensure that it has been removed at the checkpoint of
import. The supervision result is specified in a record for keeping
purpose;
b) If the exhibit or
instrumentality involved in the administrative offence is no longer stored at
the border checkpoint area, the customs authority must carry out a close
supervision from the place of storing the exhibit or instrumentality involved
in the offence to the border checkpoint through which it was imported for
re-export. The supervision result must be certified by the border
checkpoint customs in writing or by other electronic means and sent back to the
customs authority that issued the administrative penalty imposition decision
within 05 (five) days from the date on which the exhibit or instrumentality
involved in an administrative offence is removed from the territory of Vietnam
or re-exported for keeping of the case file.
3.
When an individual or organization is compelled to transport the 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 on the correct route, the Sub-department of
Customs from which the goods are transported shall supervise the goods
transported and cooperate with the Sub-department of Customs to which the goods
are transported or related agencies to ensure that the goods are transported at
the correct border checkpoint or on the correct route.
4. Upon being compelled to discard a goods package or
label that is changed because of an offence, the individual or organization
involved in the administrative offence may strip, remove or restore the
original condition of the goods package or label.
Upon being
compelled to remove the illegal elements of the goods before they are removed
from the territory of the Socialist Republic of Vietnam, the individual or
organization involved in the administrative offence may delete, strip or remove
such elements.
5.
Upon being compelled to destroy the goods or item detrimental to human, animal
and plant health and the environment or indecent material, the individual or
organization involved in the offence shall, according to the nature and
characteristics of the goods or item and environmental safety requirements,
destroy it using the following methods: use of chemicals, mechanical method,
burning, burial or another method prescribed by law. The customs authority
shall supervise the direct destruction or carry out supervision by other
technical means (if any).
Upon
destruction of goods or items, the individual or organization involved in the
administrative offence shall make a destruction record according to the form
enclosed with the Decree on elaboration of some Articles and measures for
implementation of the Law on Penalties for Administrative Violations.
The
destruction record shall bear signatures of participants in the destruction and
representative of the customs authority supervising the destruction. After the
destruction, the individual or organization involved in the administrative
offence shall submit 01 destruction record and documents about the destruction
to the customs authority that issued the administrative penalty imposition
decision, within 05 (five) days from the date of destruction.
6. Upon being
compelled to pay an amount equal to the value of the exhibit that has been
sold, concealed and disguised or destroyed against the law, the individual or
organization involved in the administrative offence shall pay the corresponding
amount written on the penalty imposition decision.
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8. Upon being
compelled to stick the “Vietnam duty not paid” stamp, the individual or
organization involved in the administrative offence shall stick the stamp
before selling goods at a duty-free shop or transferring goods to the purchaser
in the case where the goods are directly dispatched from the duty-free
warehouse to the purchaser. The “Vietnam duty
not paid” stamp location shall comply with the Government’s regulations on
duty-free business.
Article 34. Exemption and
reduction of fines for administrative customs offences [29]
The exemption and reduction of
fines for administrative customs offences shall be granted as prescribed in
Article 77 of the Law on Penalties for Administrative Violations 2012 and
Clause 38 Article 1 of the Law on Amendments to some Articles of the Law on
Penalties for Administrative Violations.
Chapter III
IMPLEMENTATION CLAUSE [30]
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.
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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.
2. Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, Presidents of People’s Committees of
provinces and central-affiliated cities are responsible for the implementation
of this Decree./.
CERTIFIED
BY
PP.
THE MINISTER
THE DEPUTY MINISTER
Nguyen Duc Chi
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[1] This
document is consolidated from the 02 following Circulars:
- The Government’s Decree No.
128/2020/ND-CP on penalties for administrative customs offences, which has been
effective since December 10, 2020;
- The Government’s Decree No.
102/2021/ND-CP dated November 16, 2021 on amendments to some Articles of
Decrees on penalties for administrative offences against regulations on tax and
invoicing; customs; insurance business and lottery business; management and use
of public property, thrift practice and wastefulness combat; national reserve;
state treasury; accounting and independent audit, which has been effective
since January 01, 2022;
This document does not supersede
the 02 abovementioned Circulars.
[2] The
Government’s Decree No. 102/2021/ND-CP dated November 16, 2021 on amendments to
some Articles of Decrees on penalties for administrative offences against
regulations on tax and invoicing; customs; insurance business and lottery
business; management and use of public property, thrift practice and
wastefulness combat; national reserve; state treasury; accounting and
independent audit is promulgated:
“Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law dated November
22, 2019 on Amendments to some Articles of the Law on Government Organization
and Law on Local Government Organization;
Pursuant to the Law on Penalties
for Administrative Violations dated June 20, 2012;
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Pursuant to the Law on Tax
Administration dated June 13, 2019;
Pursuant to the Law on Customs
dated June 23, 2014;
Pursuant to the Law on
Management and Use of Public Property dated June 21, 2017;
Pursuant to the Law on Thrift
Practice and Waste Combat dated November 26, 2013;
Pursuant to the Law on National
Reserves dated November 20, 2012;
Pursuant to the Law on
Accounting dated November 20, 2012;
Pursuant to the Law on Independent
Audit dated March 29, 2011;
Pursuant to the Law on Insurance
Business dated December 09, 2000;
Pursuant to the Law on amendments
to some Articles of the Law on Insurance Business and Law on Intellectual
Property dated June 14, 2019;
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At the request of the Minister
of Finance;
The Government hereby
promulgates a Decree on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit.”
[3] This Article is added by
Clause 1 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November
16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[4] This Clause is added by Point
a Clause 2 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[5] The phrase “và khoản 31 Điều 1
Luật sửa đổi, bổ sung một số điều của Luật Xử lý vi phạm hành chính” (“and
Clause 31 Article 1 of the Law on Amendments to some Articles of the Law on
Penalties for Administrative Offence”) is added by Point a Clause 2 Article 6
of the Government’s Decree No. 102/2021/ND-CP dated November 16, 2021 on
amendments to some Articles of Decrees on penalties for administrative offences
against regulations on tax and invoicing; customs; insurance business and
lottery business; management and use of public property, thrift practice and
wastefulness combat; national reserve; state treasury; accounting and
independent audit, which has been effective since January 01, 2022.
[6] This Clause is added by Point
b Clause 2 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[7] This Clause is added by Point
b Clause 2 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[8] This Point is added by Point b
Clause 3 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November
16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[9] This Point is added by Clause
3 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November 16, 2021
on amendments to some Articles of Decrees on penalties for administrative offences
against regulations on tax and invoicing; customs; insurance business and
lottery business; management and use of public property, thrift practice and
wastefulness combat; national reserve; state treasury; accounting and
independent audit, which has been effective since January 01, 2022.
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[11] The phrase “có trị giá
không vượt quá mức tiền phạt được quy định tại điểm b khoản này” (“but
are worth less than the fine specified in Point b of this Clause”) is
removed by Point d Clause 2 Article 6 of the Government’s Decree No. 102/2021/ND-CP
dated November 16, 2021 on amendments to some Articles of Decrees on penalties
for administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[12] This Article is amended by
Clause 4 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November
16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[13] This Point is added by Point
a Clause 5 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[14] This Point is amended by
Point b Clause 5 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury; accounting
and independent audit, which has been effective since January 01, 2022.
[15] This Clause is amended by
Point c Clause 5 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[16] This Clause is amended by
Point d Clause 5 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[17] This Clause is amended by
Point a Clause 6 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[18] This Point is amended by
Point b Clause 6 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[19] This Clause is amended by
Point c Clause 6 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
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[21] The
paragraph “Thẩm quyền xử phạt của Hải quan” (“The power to impose
penalties of the customs”) is amended by the phrase “Thẩm quyền xử phạt
vi phạm hành chính của Hải quan” (“The power to impose penalties for
administrative offences of the customs”) is amended by Point b Clause 7
Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November 16, 2021
on amendments to some Articles of Decrees on penalties for administrative offences
against regulations on tax and invoicing; customs; insurance business and
lottery business; management and use of public property, thrift practice and
wastefulness combat; national reserve; state treasury; accounting and
independent audit, which has been effective since January 01, 2022.
[22] This Point is amended by
Point c Clause 7 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[23] This Point is amended by
Point c Clause 7 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[24] This Clause is amended by
Point d Clause 7 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury; accounting
and independent audit, which has been effective since January 01, 2022.
[25] This Point is amended by
Point dd Clause 7 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[26] This Point is amended by
Point dd Clause 7 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[27] This Point is amended by
Clause 9 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November
16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[28] This Article is added by
Clause 8 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated November
16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
[29] This Article is amended by
Clause 10 Article 2 of the Government’s Decree No. 102/2021/ND-CP dated
November 16, 2021 on amendments to some Articles of Decrees on penalties for
administrative offences against regulations on tax and invoicing; customs;
insurance business and lottery business; management and use of public property,
thrift practice and wastefulness combat; national reserve; state treasury;
accounting and independent audit, which has been effective since January 01,
2022.
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“Article 7. Transitional
clauses
1. If, after the effective date
of this Decree, the organization or individual that incurs a penalty still
files a complaint against the administrative penalty imposition decision issued
before the effective date of this Decree, the regulations laid down in the
Decree on penalties for administrative offences taking effect at the time of
committing the administrative offence shall apply.
2. Regulations of this Decree
shall apply to the administrative offences against regulations on tax and
invoicing; customs; insurance business and lottery business; management and use
of public property, thrift practice and wastefulness combat; national reserve;
state treasury; accounting and independent audit committed before the effective
date of this Decree and then discovered or currently taken into consideration
if this Decree does not provide for legal liability or impose less serious
legal liability.
3. Any application for exemption
from fines for tax or invoice-related administrative offences received by the
tax authority before the effective date of this Decree shall be processed in
accordance with the Government’s Decree No. 125/2020/ND-CP dated
October 19, 2020 on penalties for administrative offences against regulations
on tax and invoicing.
Article 8. Responsibility for
implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s
Committees at all levels and other relevant authorities, organizations and
individuals are responsible for the implementation of this Decree.
Article 9. Effect
This Decree comes into force
from January 01, 2022./.”
[31] The
phrase “và Luật sửa đổi, bổ sung một số điều của Luật Xử lý vi phạm hành
chính” (“and the Law on Amendments to some Articles of the Law on
Penalties for Administrative Offence”) is added by Point c Clause 2 Article
6 of the Government’s Decree No. 102/2021/ND-CP dated November 16, 2021 on
amendments to some Articles of Decrees on penalties for administrative offences
against regulations on tax and invoicing; customs; insurance business and
lottery business; management and use of public property, thrift practice and
wastefulness combat; national reserve; state treasury; accounting and
independent audit, which has been effective since January 01, 2022.
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