Cases of Administrative Detention for Smuggling Acts

On March 17, 2016, the Government of Vietnam issued Decree 17/2016/ND-CP amending Decree 112/2013/ND-CP.

Translation

If the violator shows signs of escaping, destroying evidence, means of violation, obstructing the handling of violations and it is necessary to prevent and immediately suspend smuggling, illegal transportation of goods across the border, they will be detained following administrative procedures in the following cases:

- Export (XK), import (NK) of goods prohibited from XK, NK or temporarily suspended from XK, NK.

- XK, NK of goods on the list of goods subject to conditional XK, NK without an XK, NK permit or documents issued by the competent state authority accompanying the goods.

- XK, NK of goods not passing through checkpoints, failing to follow customs procedures or committing quantity or type frauds when conducting customs procedures.

- XK, NK of goods without accompanying invoices, documents; or having invoices, documents that are not legitimate.

- Importing goods that require stamps but have no stamps or have stamps that are fake or reused stamps.

- Illegal trading across the border or from the non-tariff area into the inland or vice versa that is not severe enough to prosecute criminal liability.

- Transporting goods across the border or from the non-tariff area into the inland or vice versa contrary to legal regulations.

The Decree 17/2016/ND-CP takes effect from May 2, 2016.

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