Several changes in fines for offenses against regulations on temporary import and temporary export of goods in Vietnam

Decree No. 128/2020/NĐ-CP of Vietnam’s Government will take effect from December 10, 2020 and replace Decree No. 127/2013/NĐ-CP on offenses against regulations on temporary import and temporary export of goods. According to the new Decree, there will be changes on offenses against regulations on temporary import and temporary export of goods, specifically as follows:

- Increasing the fine to VND 10,000,000 - VND 20,000,000, which shall be imposed for any of the following offenses:

+ Temporarily importing goods (except for temporarily imported goods) without a temporary import license though a temporary import license is compulsory; (previously, the fine was VND 5,000,000 to VND 10,000,000). In addition, the violator is compelled to remove from the territory of the Socialist Republic of Vietnam or re-export the exhibit during the effective period of the decision on penalty imposition.

+ Temporarily exporting goods without a license, except for temporarily exporting goods banned or suspended from export or import without a temporary export license. (previously, the fine was VND 5,000,000 to VND 10,000,000)

- Reducing the fine to VND 20,000,000 - VND 40,000,000, which shall be imposed for any of the following offenses:

+ Temporarily importing (except for temporarily imported goods) goods banned or suspended from export or import; (previously, the fine was VND 30,000,000 to VND 60,000,000)

+ Temporarily exporting goods banned or suspended from export or import without a temporary export license. (previously, the fine was VND 30,000,000 to VND 60,000,000).

In addition to being imposed fines, the violator is also compelled to remove from the territory of the Socialist Republic of Vietnam or re-export the exhibits which are goods or items detrimental to human, animal and plant health and the environment at the checkpoint of import during the effective period of the decision on penalty imposition.

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for temporary import of goods on the list of goods to be temporarily imported or exported under certain conditions without failure to satisfy the conditions for temporary import (completely new provision).

Concurrently, the violator is also compelled to remove from the territory of the Socialist Republic of Vietnam or re-export the exhibits which are goods or items detrimental to human, animal and plant health and the environment at the checkpoint of import during the effective period of the decision on penalty imposition.

- A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for temporary import of goods without a license though a license is compulsory (completely new provision). Concurrently, the violator is compelled to remove from the territory of the Socialist Republic of Vietnam or re-export the exhibit during the effective period of the decision on penalty imposition.

- A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for temporary import of goods without a license though a license is compulsory if the exhibits are goods banned or suspended from export or import or goods which have not yet been allowed to be sold or used in Vietnam (completely new provision). Concurrently, the violator is also compelled to remove from the territory of the Socialist Republic of Vietnam or re-export the exhibits which are goods or items detrimental to human, animal and plant health and the environment at the checkpoint of import during the effective period of the decision on penalty imposition.

- Increasing the fine to VND 80,000,000 - VND 100,000,000, which shall be imposed for temporary import of goods on the list of goods banned or suspended from temporary import (previously, the fine was VND 30,000,000 to VND 60,000,000). In addition, the violator is compelled to remove from the territory of the Socialist Republic of Vietnam or re-export the exhibit during the effective period of the decision on penalty imposition.

Note: Exhibits which are incident materials; cultural products banned from dissemination or sale or subject to the decision to terminate dissemination or sale; publications banned from dissemination or sale in Vietnam will be compelled to be destroyed. Concurrently, pay an amount equal to the value of the exhibits that have been sold, concealed and disguised or destroyed against the law.

Thus, from December 10, 2020, fines for offenses against regulations on temporary import and temporary export of goods will have changes which are stricter. Thus, organizations and individuals operating in the field of import and export in particular should pay attention to their business activities to avoid being sanctioned.

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE