12/01/2023 16:30

Collection of judgments on the crime of smuggling goods in Vietnam

Collection of judgments on the crime of smuggling goods in Vietnam

“On the occasion of Tet, it is very common to smuggle and sell smuggled fake confectionery. I want to find the judgments related to this matter. Hope you can help me. Thank you!”_Minh Hoang (Ha Tinh, Vietnam)

Hi, for the content you requested, the Lawnet would like to send you the following judgments:

1. Judgment on smuggling No. 83/2018/HS-ST

- Level of trial: First instance

- Judicial body: Hai Phong City People's Court

- Quote from the content: " Around the end of August 1994, Dao Quang V met Vo Van Q, the captain of the NA-781, and they planned to hire a ship to go to Ky X Port in China to buy Chinese goods. Both will then illegally transport to Vietnam in order to sell for a profit.V gave Q 5,500,000 VND to buy oil, grease, and food to prepare for the trip. Hoang Van T1 and Dao Quang V went to collect money from family and acquaintances to buy goods. When getting off the train to China, Hoang Van T1 brought an amount of 90,000,000 VND, and Dao Quang V brought 95,000,000 VND. When the ship arrived at Ky X Port, China, T1 and V gave the above money to Tran T2 to buy 27 explosives, 898 cases of beer, and 300 complete bicycles; 227 bicycles were disassembled for transportation to Vietnam. When the ship returned to Vietnam, Tran T2 escorted the goods along with the ship, while Dao Quang V stayed in China and returned to Vietnam by road. When the ship returned to the BLV island area, it was discovered and arrested by Station 58 of the Hai Phong Border Guard.

2. Judgment on smuggling No. 300/2022/HS-PT

- Level of trial: appellate

- Judicial body: Ho Chi Minh City's High People's Court

- Quote from the content: "On December 29, 2017, T Import-Export One Member Co., Ltd. opened customs declaration No. 101792265410/A11 declaring the import of goods from TP Company, which is based in the United States, including 38 packages of 100% new goods, the total declared value of goods is 16,368 USD, including 1,020 fleece blankets and 800 bags of clothes softener at Saigon Port Area 1 Customs Branch.On January 9, 2018, the Customs Enforcement Team, Ho Chi Minh City Customs Department, conducted a physical inspection of all goods in the above declaration of Company T. After inspecting the goods, they discovered all the goods were confectionery and 810 blankets made in China. Nguyen Van H also admitted that some confectionery items were included in the shipment to be sent to relatives in Vietnam as gifts and for charitable purposes.Although H knew that he must have a Certificate of Food Hygiene and Safety to import the above confectionery, because the company did not have one, he did not declare it. Nguyen Van H stated that he did not understand customs law and thus committed the aforementioned violations.

3. Judgment on smuggling No. 14/2017/HSPT

- Level of trial: appellate

- Judicial body: Lang Son Province People's Court

- Quote from the content: "On August 19, 2016, the L district police working group on duty in Lang Son province discovered and apprehended Dang Thi N, residing in L district, Lang Son province.He was transporting two sacks with banned goods (firecrackers) inside. The working group made a record to arrest the offender and confiscated all the exhibits, including: all firecrackers and other related exhibits."

4. Judgment on smuggling No. 40/2017/HSST

- Level of trial: First instance

- Judicial body: People's Court of Cao Loc district, Lang Son province

- Quote from the content: "On February 15, 2017, the Mobile Control Team of Huu Nghi International Border Gate Station was on duty in District C when they discovered two subjects, Phan Xuan H, residing at: district B, province L, transporting an 01 blue pineapple sack, and Dong Tuan D, born in 1996, residing at: T village, T commune, district B, province L, transporting an 01 cardboard box with suspicious signs. During an inspection, it was found that in a cardboard box containing 12 explosive artillery rigs, 36 shells/rig, in a blue pineapple sack contained 08 rolls of firecrackers. The working group made a criminal record and seized evidence, including: 08 firecracker wheels weighing 20 kg; 12 rigs of explosive fireworks of 36 types/rig with a weight of 16 kg; 01 blue pineapple sack; 02 cardboard cartons; 02 cell phones."

5. Judgment on smuggling No. 78/2021/HS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Tan Hung district, Long An province

- Quote from the content: "On May 31, 2020, Duong Van H2 invited Lam Minh T and Nguyen Van M to join hands to buy pigs and sell them for a profit, all agreed to give T to contact to buy pigs, and H2 Rent a vehicle to transport pigs. On May 31, 2020, T phoned Vo Van H3, T district, and Long An province to ask to buy pigs, but H3 said no, then H3 introduced T to Cao Van D to buy pigs, and D agreed. The two sides agreed on a price of 93,000 VND/1 kg, the quantity of 20 fish. Then D invited Lam Hoang N to buy pigs from Cambodia to sell for a profit, and N agreed. I contacted Cambodian people to buy 20 pigs, but when delivered, Cambodian people delivered 25 pigs. D contacted T to say the number of pigs but did not say the origin of the pig, and T agreed to buy all 25 pigs. T called Duong Van H2 to request a truck to transport pigs, and H2 hired Duong Hoang A and driver Nguyen Van Nh to drive the car to transport pigs, to HD B commune, Tan Hung district, and Long An province. H2 gives  165,000,000 dong and on the way  stops at T's house to get another 55,000,000 dong of the coin M gave to T earlier. After being directed by T, A and Nh arrived at the pig delivery location around 23 o'clock on the same day, and when the pigs were loaded into the car, D took the bill and handed it over to H2. After completing the payment,  and Nh drove the car back, they met the T district police patrol team to handle it."

Best regards!

Le Huy
221


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