Vietnam: Unqualified license on export and import of goods shall be fined up to VND 100 million

This is an important content of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government on penalties for administrative customs offences, issued on October 19, 2020.

Có thể phạt đến 100 triệu nếu giấy phép XNK HH không đủ tiêu chuẩn, Nghị định 128/2020/NĐ-CP

Specifically, according to Article 18 of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, penalties for export or import of goods without a quota, export or import license though the quota, export or import license is compulsory; export or import of goods that fail to satisfy conditions, standards or technical regulations; export or import of goods that have to undergo specialized inspection but failure to notify the specialized inspection result as prescribed by law:

- A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less than VND 20,000,000;

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the exhibit is worth from VND 20,000,000 to less than VND 30,000,000;

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the exhibit is worth from VND 30,000,000 to less than VND 50,000,000;

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000;

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth VND 100,000,000 or more but below the value that is liable to criminal prosecution.

Particularly, a fine that is twice as much as the fine imposed for the offense mentioned in Clause 1 of this Article shall be imposed for failure to submit the customs dossier within 30 days from the date on which the shipment arrives at the border checkpoint.

Concurrently, remedial measures shall be applied:

The violator is compelled to:

- remove from the territory of the Socialist Republic of Vietnam or re-export the exhibit within 30 days from the date on which the decision on penalty imposition is received if any of the offense in this Article is committed; except for exports and imports licensed by the competent authority within the aforementioned time limit.

- pay an amount equal to the value of the exhibits that have been sold, concealed and disguised or destroyed against the law if the offense in this Article is committed.

View more details at the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, effective from December 10, 2020.

Le Vy

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