Vietnam: Guidelines for transfer of dossier for criminal prosecution

11:30, 24/10/2016

This is one of the outstanding contents specified in Circular No. 155/2016/TT-BTC of the Ministry of Finance of Vietnam on guidelines for imposition of customs-related administrative penalties and enforcement of customs-related administrative decisions.

Specifically, according to Circular No. 155/2016/TT-BTC of the Ministry of Finance of Vietnam, dossier transfer for criminal prosecution is prescribed as follows:

- In the cases where the person authorized to impose penalties has not been able to determine whether the case is an administrative or criminal offense, he/she shall send enquiries to relevant criminal proceedings agencies and send them photocopies of the offense dossier before issuing a decision.

- Where a criminal proceedings agency requests dossier transfer, provisions of Article 62 of the Law on Handling administrative violations of Vietnam shall be complied with.

- Where an offense is suspected of constituting a crime, the handling officer shall transfer the offense dossier to a competent person for criminal prosecution (for smuggling, trafficking of goods or money across the border, trade in banned articles specified in Criminal Code) or to a criminal proceedings agency for criminal prosecution (for other criminal offenses).

- Where the criminal proceedings agency issues a notice of criminal prosecution, the customs authority shall transfer the original offense dossier to the criminal proceedings agency within 05 days from the day on which the notice is received.

View more details at Circular No. 155/2016/TT-BTC of the Ministry of Finance of Vietnam, effective from December 01, 2016.

- Thanh Lam -

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