00:58 | 07/12/2022

Vietnam: What is the competence of customs authorities to apply measures to prevent and combat smuggling and illegal transportation of goods across borders?

What is the competence of customs authorities to apply measures to prevent and combat smuggling and illegal transportation of goods across borders in Vietnam? asked Ms. Tan from Hanoi.

What is the competence of customs authorities to apply measures to prevent and combat smuggling and illegal transportation of goods across borders in Vietnam?

Pursuant to Article 89 of the 2014 Customs Law of Vietnam, the competence of customs authorities to apply measures to prevent and combat smuggling and illegal transportation of goods across the border is as follows:

- Organize forces, set up databases, apply necessary customs control measures, collect customs operation-related information at home and abroad so as to actively tackle smuggling and illegal cross-border trafficking n of goods, and serve customs clearance for goods and post-customs clearance inspection; cooperate with related agencies in keeping secret providers of information on cases of smuggling and illegal cross- border trafficking of goods in accordance with law.

- Conduct customs control of goods and vehicle; to take charge, and cooperate with related regulatory bodies in, carrying out activities of tackling smuggling and illegal cross-border trafficking of goods within customs operating locations.

When conducting customs control of goods and vehicle in customs operating locations, customs authorities may apply patrol, investigation and verification or other professional measures in accordance, with this Law and the laws on handling of administrative violations, criminal procedure and organization of criminal investigations.

- Request related agencies, entities to provide information and materials to serve inspection, supervision and verification of acts of smuggling and illegal cross-border trafficking of goods.

- Request postal and express mail service providers to open postal parcels and goods exported or imported by mail or via express mail service for inspection when there are reasonable grounds that such postal parcels and goods contain materials and items related to smuggling and illegal cross-border trafficking of goods.

- Use banners, flashlights, flares, whistles and loudspeakers; to use weapons and supporting tools in accordance with the law on management and use of weapons, explosives and supporting tools.

- Apart from customs operating locations, customs authorities shall coordinate and conduct customs control activities to tackle smuggling and illegal cross-border trafficking of goods in accordance with law.

Vietnam: What is the competence of customs authorities to apply measures to prevent and combat smuggling and illegal transportation of goods across borders?

Vietnam: What is the competence of customs authorities to apply measures to prevent and combat smuggling and illegal transportation of goods across borders?

What are the duties of Customs in preventing and combating smuggling and illegal transportation of goods across borders in Vietnam?

Pursuant to Article 87 of the 2014 Customs Law of Vietnam, in preventing and combating smuggling and illegal transportation of goods across the border, customs agencies have the following tasks:

- Within the area of competence, customs authorities shall organize the performance of the task of tackling smuggling and illegal cross-border trafficking of goods.

- Customs authorities may set up full-time units to perform the task of tackling and illegal cross-border trafficking of goods.

What is the competence of customs authorities and customs officials to handle the smuggling and illegal transportation of goods across the border in Vietnam?

Pursuant to Article 90 of the 2014 Customs Law of Vietnam, the competence of customs authorities and customs officials to handle acts of smuggling and illegal transportation of goods across the border is as follows:

- Handle administrative violations, apply preventive measures and ensure the handling of administrative violations in accordance with the law on handling of administrative violations.

In case they have reasonable grounds that there are acts of smuggling or illegal cross- border transportation of goods, heads of Customs Sub-Departments, heads of control squads under Customs Departments, heads of anti-smuggling control squads and marine control flotillas under the Anti-Smuggling Investigation Department are competent to halt vehicle, temporarily hold people in custody and escort violators in accordance with the Law on Handling of Administrative Violations.

- When detecting acts of violation of the law on customs which are serious enough to be examined for penal liability, customs authorities and officers competent to initiate criminal cases and lawsuits against the accused shall conduct investigation activities in compliance with the laws on criminal procedure and organization of criminal investigation.

- When carrying out activities prescribed in this Article, customs authorities and customs officials shall be held responsible before law for their decisions.

Thư Viện Pháp Luật

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