Vietnam: Competence of customs to sanction violations in the field of national border management and protection

According to Article 20 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, power delegated to the customs to sanction administrative violations in the field of national border management and protection is specified as follows:

1. Customs officials on duty are entitled to:

- issue warnings;

- impose a maximum fine of VND 500,000.

2. Team leaders of Sub-departments of Customs and Sub-departments of Post-Clearance Inspection are entitled to:

- issue warnings;

- impose a maximum fine of VND 5,000,000.

3. Directors of Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, leaders of customs enforcement teams affiliated to provincial, inter-provincial or city Customs Departments, smuggling prevention team leaders, customs procedures team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:

- issue warnings;

- impose a maximum fine of VND 25,000,000;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

- enforce the remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.

4. Director of Smuggling Investigation Department, Director of Post-clearance Inspection Department affiliated to the General Department of Customs, Directors of provincial, inter-provincial or city Customs Departments are entitled to:

- issue warnings;

- impose a maximum fine of VND 50,000,000;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

- suspend licenses and practicing certificates or suspend the operation;

- enforce the remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.

5. Director General of General Department of Customs is entitled to:

- issue warnings;

- impose a maximum fine of VND 50,000,000;

- confiscate the exhibits and instrumentalities used for administrative violation commission;

- suspend licenses and practicing certificates or suspend the operation;

- enforce the remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.

View more details at the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, effective from October 10, 2020.

Le Vy

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