How does the General Department of Customs guide the case of importing goods without a permit in Vietnam?
- What is the level of administrative sanction for violations of regulations on export and import of goods under permit in Vietnam?
- Who is subject to regulations on penalties for violations of illegal import and export of goods?
- Instructions of the General Department of Customs to handle the case of importing goods without a permit without a permit in Vietnam?
What is the level of administrative sanction for violations of regulations on export and import of goods under permit in Vietnam?
Pursuant to Article 18 of Decree 128/2020/ND-CP stipulates as follows:
“Article 18. Violations against regulations on export and import of goods under quotas, permits, conditions, standards and regulations
1. Exporting and importing goods subject to regulations, subject to quotas, export permits, import permits without quotas, export permits or import permits; exporting or importing goods that do not satisfy the conditions, standards and technical regulations; Exporting or importing goods subject to specialized inspection without notifying the results of specialized inspection as prescribed by law, the sanctioning shall be as follows:
a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the exhibits of violation are valued at under VND 20,000,000;
b) A fine of between VND 5,000,000 and 10,000,000 shall be imposed in case the exhibits of violation are valued at from VND 20,000,000 under VND 30,000,000;
c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibits of violation are valued from VND 30,000,000 to under VND 50,000,000;
d) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the exhibits of violation are valued between VND 50,000,000 and under 100,000,000;
dd) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibits of violation are valued at VND 100,000,000 or more without being examined for penal liability.
2. A fine equal to 2 times the fine level specified in Clause 1 of this Article in cases where the time limit is 30 days after the goods arrive at the border gate, the customs declarant shall submit the customs dossier.
3. Application of remedial measures:
a) Forcible removal from the territory of the Socialist Republic of Vietnam or forcible re-export of material evidences of administrative violations within 30 days from the date of receipt of the sanctioning decision, for violations specified in Clause 1 of this Article. This; except for exports and imports that have been licensed by a competent authority within the time limit specified at this point;
b) Forcible return of money equal to the value of material evidences that have been illegally consumed, dispersed or destroyed, for violations specified in this Article.”
Accordingly, the level of administrative sanction will be based on each case of violation according to the content of the above regulation.
The level of administrative sanction as prescribed above shall be applied to organizations. In case of individual violations, the administrative sanctioning level shall be half of the sanctioning level of the organization.
In addition to being administratively sanctioned for violations, violating organizations and individuals are also required to take remedial measures according to the above provisions.
Tổng cục Hải quan hướng dẫn xử lý trường hợp nhập khẩu hàng hóa không có giấy phép như thế nào?
Who is subject to regulations on penalties for violations of illegal import and export of goods?
Pursuant to Article 2 of Decree 128/2020/ND-CP stipulates as follows:
“Article 2. Subjects of application
1. Domestic organizations and individuals; foreign organizations and individuals committing administrative violations in the field of customs in the territory of the Socialist Republic of Vietnam, except in the case of an international treaty to which the Socialist Republic of Vietnam is a contracting party. Members have other regulations.
2. Persons competent to make records of administrative violations, apply measures to prevent and ensure sanctioning of administrative violations, persons competent to sanction administrative violations as prescribed in Articles 27 and 28 , 29, 30, 31, 32 of this Decree.
3. Other agencies, organizations and individuals involved in the sanctioning of administrative violations specified in this Decree.
4. Organizations specified in Clause 1 of this Article include:
a) Enterprises, branches and representative offices established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;
b) Cooperatives, unions of cooperatives, cooperative groups;
c) Tổ chức, đơn vị sự nghiệp công lập;
d) Social organizations, socio-political organizations, socio-professional organizations;
dd) A state agency commits an act of violation that is not within its assigned state management task;
e) Other organizations as prescribed by law.”
Accordingly, the above mentioned subjects will be subject to the application of regulations on administrative sanctions for violations of regulations on illegal import and export of goods.
Instructions of the General Department of Customs to handle the case of importing goods without a permit without a permit in Vietnam?
On June 10, 2022, the General Department of Customs issued Official Letter 2159/TCHQ-PC in 2022 guiding on the problems of sanctioning administrative violations in the customs field. In this Official Letter, the General Department of Customs made the following comments:
“- Article 18 of Decree 128/2020/ND-CP dated October 19, 2020 stipulating the sanction of administrative violations for acts of importing goods according to regulations requiring permits without permits. Accordingly, imported goods that do not conform to an import permit must be identified as goods without an import permit.
- Based on the explanation document of the Institute of Hygiene and Epidemiology of the Central Highlands and the report of the Customs Department of Dak Lak province in Official Letter 475/HQDL-NV, the General Department assigned the Dak Lak Customs Department to have a written exchange with the Department of Health. about the inconsistency between the application for a license of the Central Highlands Institute of Hygiene and Epidemiology (the governing body of the Project Management Board) and the license document of the Department of Preventive Medicine. On the basis of opinions of the Department of Preventive Medicine, the Customs Department of Dak Lak province shall handle the case according to its competence./.”
Thus, the General Department of Customs determines that imported goods that do not conform to the import permit are determined to be goods without an import permit in Vietnam. The handling in this case is carried out according to the above guidance of the General Department of Customs.
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