Vietnam: Collaboration in preventing, investigating and handling violations as well as preparing the dossier of violations relating to import and export activities

15:00, 20/08/2018

Decree No. 12/2018/NĐ-CP of Vietnam’s Government was issued on January 23, 2018, amending Decree No. 01/2015/NĐ-CP detailing customs areas; responsibility for collaboration in preventing and controlling smuggling and illegal transportation of goods across borders. A featured content of Decree No. 12/2018/NĐ-CP is the amendment to regulations on collaboration in preventing, investigating and handling violations as well as preparing the dossier of violations relating to import and export activities.

Specifically, according to Clause 5 Article 1 of Decree No. 12/2018/NĐ-CP of Vietnam’s Government amending Article 15 of Decree No. 01/2015/NĐ-CP, the customs authority shall take responsibility to cooperate and assist the border guard, coast guard, public security, market authorities and relevant agencies in application of measures for preventing, investigating and handling violations as well as preparing the dossier of violations relating to import and export activities as required.

During the application of measures for preventing, investigating, handling violations as well as preparing the violation dossier, after considering the request of the customs authority, the public security, border guard, coast guard, market authorities and relevant agencies are required to:

- arrange human force to cooperate and support facilities in carrying out search on people, means of transport, articles and places used for storing exhibits or means of transport committing administrative violations according to the administrative procedure, and escort violators;

- cooperate and support human force and means of transport in recording statements, collecting information, materials, evidences, and extending and setting up a commission of investigation;

- cooperate with one another in preparing violation dossiers as well as handling violations.

Concurrently, Decree No. 12/2018/NĐ-CP also supplements new regulation on collaboration on propaganda and dissemination of policies and laws in comparison with Decree No. 01/2015/NĐ-CP. Accordingly, the customs authorities, as authorized and assigned, shall preside over and cooperate with People’s Committees of all levels, public security, border guard, coast guard, market authorities and relevant agencies in organizing the propaganda and disseminating policies and laws concerning prevention of smuggling, illegal transportation of goods across borders in the customs areas.

View more amendments at: Decree No. 12/2018/NĐ-CP of Vietnam’s Government takes effect from March 10, 2018.

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