What are goods of unknown origin and contraband goods in Vietnam? What are the penalties for the above acts?
What are goods of unknown origin in Vietnam?
Pursuant to Clause 13, Article 3 of Decree 98/2020/ND-CP stipulates that “good of unknown origin” means the good sold on the market but there are no grounds for determining its manufacturer or origin.
Grounds for determining the manufacturer or origin of the good include:
- Information shown on its label or package, its accompanied documents;
- Proofs of origin, sale and purchase contracts, invoices, customs declarations, and other documents proving the legal ownership of the good and civil transactions between the manufacturer and relevant parties as prescribed by law.
What are goods of unknown origin and contraband goods in Vietnam? What are the penalties for the above acts?
What are the penalties for violations involving goods of unknown origin in Vietnam?
According to the provisions of Article 17 of Decree 98/2020/ND-CP on this content as follows:
Violations involving expired goods or goods of unknown origin and involving in other violations
1. A warning or a fine ranging from VND 300.000 to VND 500.000 shall be imposed for one of the following violations if the value of goods is less than VND 1.000.000:
a) Trading in goods (except pesticides and animal feeds) past the expiration date indicated in their labels or packages;
b) Swapping or changing labels or packages of goods, erasing or altering the expiration dates indicated on labels or packages of goods, or committing other frauds to extend the expiration dates of goods;
c) Trading in goods of unknown origin;
d) Trading in, transporting, storing or consuming minerals of illicit origin.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 1.000.000 to under VND 3.000.000.
3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 3.000.000 to under VND 5.000.000.
4. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 5.000.000 to under VND 10.000.000.
5. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 10.000.000 to under VND 20.000.000.
6. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 20.000.000 to under VND 30.000.000.
7. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 30.000.000 to under VND 40.000.000.
8. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 40.000.000 to under VND 50.000.000.
9. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 50.000.000 to under VND 70.000.000.
10. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth from VND 70.000.000 to under VND 100.000.000.
11. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if one of the violations in Clause 1 of this Article involves the goods worth VND 100.000.000 or more.
12. A fine that is twice as much as the corresponding fine prescribed in Clause 1 through 11 shall be imposed upon producer or importer committing the administrative violation or for the violation involving the goods which are:
a) foods, food additives, food processing aids, food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics or medical devices;
b) detergents, chemicals, insecticidal and microbicidal preparations for household and medical use, aqua environmental remediation products, livestock waste treatment products, veterinary drugs, fertilizers, cement, growth stimulants, plant varieties, animal breeds, aquatic breeds or aquaculture feeds; or
c) other goods included in the list of conditional business lines.
13. Additional penalties:
a) The exhibits of the violations prescribed in this Article shall be confiscated, except the case of application of the remedial measure prescribed in Point a Clause 14 of this Article;
b) The instrumentalities which are tools and machinery used for committing the violation prescribed in Point b Clause 1 of this Article shall be confiscated.
14. Remedial measures:
a) The exhibits which cause harm to human health, domestic animals, plants and environment shall be destroyed if the violation in Point a, b or c Clause 1 of this Article is committed;
b) The violating entity is compelled to return any benefits illegally obtained from one of the violations in this Article.
Thus, individuals and organizations that have acts of trading in goods of unknown origin may be sanctioned according to the above provisions.
Note: The above fine level is the fine level for individuals, in case of administrative violations committed by organizations, the fine is twice the fine level prescribed for individuals.
What is the contraband good in Vietnam?
Pursuant to Clause 6, Article 3 of Decree 98/2020/ND-CP, “contraband goods” include:
- Imported goods included in the list of goods banned from import or the list of goods temporarily suspended from import as prescribed by law, unless they are imported with the Prime Minister’s permission;
- Goods imported without the required import license or without meeting given import conditions as prescribed by law;
- Goods imported without going through a prescribed border checkpoint or without following customs procedures as prescribed by law, or the information on quantities or types of which is falsified when following customs procedures;
- Imported goods sold on the market without accompanied invoices and documents as prescribed by law, or with unlawful invoices and documents;
- Goods, which are subject to import labeling, imported without bearing stamps as prescribed or with bearing false or used stamps.
What are the penalties for the act of trading in contraband goods in Vietnam?
Pursuant to Article 15 of Decree 98/2020/ND-CP on the sanction for acts of trading in contraband goods as follows:
Trade in contraband goods
1. The following fines shall be imposed for trading in contraband goods:
a) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed if the value of contraband goods is less than VND 3.000.000;
b) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed if the value of contraband goods is worth from VND 3.000.000 to under VND 5.000.000;
c) A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed if the value of contraband goods is worth from VND 5.000.000 to under VND 10.000.000;
d) A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed if the value of contraband goods is worth from VND 10.000.000 to under VND 20.000.000;
dd) A fine ranging from VND 6.000.000 to VND 10.000.000 shall be imposed if the value of contraband goods is worth from VND 20.000.000 to under VND 30.000.000;
e) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed if the value of contraband goods is worth from VND 30.000.000 to under VND 50.000.000;
g) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed if the value of contraband goods is worth from VND 50.000.000 to under VND 70.000.000;
h) A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed if the value of contraband goods is worth from VND 70.000.000 to under VND 100.000.000;
i) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed if the value of contraband goods is VND 100.000.000 or more.
2. The fine that is twice as much as the corresponding fine for trading in contraband goods prescribed in Clause 1 of this Article shall be imposed in the following cases:
a) The violating entity directly involves the illegal import of goods worth less than VND 100.000.000 or VND 100.000.000 or more, if not liable to criminal prosecution;
b) The contraband goods are included in the list of goods banned from import or the list of goods temporarily suspended from import;
c) The contraband goods are foods, food additives, food processing aids, food preservatives, preventive drugs, drugs, medicinal ingredients, cosmetics, medical devices, chemicals, insecticidal and microbicidal preparations for household and medical use, aqua environmental remediation products, livestock waste treatment products, veterinary drugs, fertilizers, cement, animal feeds, pesticides, growth stimulants, plant varieties or animal breeds.
3. The fines prescribed in Clause 1 and Clause 2 of this Article shall be also imposed for:
a) deliberately transporting contraband goods;
b) deliberately storing contraband goods; or
c) deliberately delivering contraband goods.
4. Additional penalties:
a) The exhibits of the violations prescribed in this Article shall be confiscated, except the case of application of remedial measure prescribed in Point a Clause 5 of this Article;
b) The means of transport used for committing the violations prescribed in this Article shall be confiscated if the value of exhibits is VND 200.000.000 or more or the violation is repeated or re-committed.
5. Remedial measures:
a) The goods and articles that cause harm to human health, domestic animals, plants and environment, indecent materials, and unsafe goods shall be destroyed if one of the violations in this Article is committed;
b) The violating entity is compelled to return any benefits illegally obtained from one of the violations in this Article.
Thus, individuals and organizations with acts of trading in contraband goods may be sanctioned according to the above provisions.
Note: The above fine level is the fine level for individuals, in case of administrative violations committed by organizations, the fine is twice the fine level prescribed for individuals.
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