After intentionally consuming 163 imported pigs while waiting for the quarantine results to complete customs procedures, the goods’ owner has been prosecuted by the customs authority due to the sale of banned goods.

The working group of Cha La Customs Branch worked
with Bui Van Huy (outside in the right)

On January 15, 2021, Mr. Bui Van Huy, the owner of a business household, registered to carry out import procedures for 163 pigs under import declaration number 103788508243/A11. The imported pigs are purebred broodstock for breeding Landrace-Large White parent Gilt, female breeds, goods were not on the CITES list, weight from 90-130 kg/head, from Thailand.

On March 12, the working group of Cha Lo Customs Branch conducted a physical inspection at the place of preservation for quarantine and isolation designated by the specialised inspection authority: Dong Chieng area, commune Huu Van, Chuong My district, Hanoi.

A group of Customs News reporters had the opportunity to accompany the working group of Cha Lo Customs Branch to bring goods back for preservation for quarantine and isolation.

As noted, the above location was a barn far from residential areas, surrounded by fences, which are qualified to isolate animals. However, the working group members were surprised that there were no pigs in this isolated location, and the workers were cleaning the barn premises.

Thus, 163 pigs were not kept at the quarantine location as mentioned above.

The working group went to the Regional Animal Health Office No.1 (the unit directly managing the quarantine site). Here, Regional Animal Health Office No.1 also confirmed that they made a record of administrative violation against the business household of Bui Van Huy about the violation of not bringing animals to quarantine at the right place approved in accordance with the quarantine dossier and transferred the dossier to the Department of Animal Health to sanction the administrative violation in accordance with regulations.

After many contacts, on March 23, 2021, the working group had a meeting with Bui Van Huy. He admitted that all imported pigs included in the above declaration did not have the Certificate of Veterinary for imported animals and were consumed. The value of the consignment according to the import declaration is worth more than VND1.8 billion.

Working with Cha Lo Customs Branch, Bui Van Huy confessed that when the shipment of 163 pigs completed customs procedures at Cha Lo border gate, he sold the shipment to Mai Van Nam (address: Sim township, Trieu Son district, Thanh Hoa province), for the amount of more than VND1.6 billion (there is no evidence of the purchase and sale). Besides that, Huy said he authorised Mai Van Nam to transport to the quarantine site in Dong Chieng area, Huu Van commune, Chuong My district, Hanoi.

The photo was taken by the working group at the
quarantine location on March 12, 2021.

At two working sessions (on March 23, 2021 and April 6, 2021), Huy could not present the letter of authorisation to Mai Van Nam, but the authorisation was only Nguyen Van Hung (employees of the Company. Ltd Duc Toan testified). However, Hung said, he did not know about the authorisation of Huy to Mai Van Nam and did not know about the sale and purchase.

According to Official Dispatch No. 108/TYV1-KD dated February 2, 2021 of the Regional Animal Health Office No.1 and the working session on March 11, 2021, Regional Animal Health Office No.1 confirmed that they had made a record of administrative violation against Bui Van Huy for not bringing the animals to quarantine at the approved place under the quarantine dossier, transferring the dossier to the Department of Animal Health to sanction the administrative violation in accordance with regulations and not issue the Certificate of Veterinary of imported animals for the consignment.

According to the asset valuation conclusion of the Asset Valuation Council in the criminal proceedings of Minh Hoa district, 163 pigs were exhibits of violation worth more than VND1.8 billion.

Under the provisions of Clause 2, Article 35 of the Law on Customs 2014: “The goods owner is responsible for preservation and storing goods at the specialised inspection location or the storage location of the goods owner until the Customs authority decided to clear the shipment”.

Therefore, Bui Van Huy's sale of the consignment of 163 pigs mentioned above was consuming goods before the completion of clearance procedures (specified in Clause 5, Article 12 of Decree No. 128/2020/ND-CP dated October 19, 2020 by the Government).

Besides that, pursuant to Point b, Clause 2, Article 32 of Circular No. 38/2015/TT-BTC dated March 25, 2015: “The customs declarant is responsible before the law for the transportation, preserving goods at quarantine places until it is concluded that the goods meet the import requirements before they can circulate and use them.”

Therefore, Huy's consumption of 163 pigs has not concluded that the goods meet the import requirements before the completion of cargo clearance, with the quantity and value of infringing goods being greater than VND1.8 billion is an act of trading goods that have not been permitted for circulation or have been permitted to use in Vietnam yet.

This act shows signs of criminal violation of trading banned goods as defined in Article 190 of the 2015 Penal Code (as amended and supplemented in 2017).