Recently, many imported products displaying the “nine-dash line” are of public concern. Most recently, Lang Son Customs Department temporarily detained a shipment of Hoa Dieu alcohol bearing the illegal nine-dash nine by Tuan Phuong Company. This shows that the company has not fully understood the regulations and do not have a profound knowledge of products expected to be imported from China.

Lack of profound knowledge of import products

At the end of June, Chi Ma Border Gate Customs Branch received documents from Tuan Phuong Import Export Trading Co., Ltd. (Tuan Phuong Company) declaring the import of Hoa Dieu alcohol with an alcohol content of 15-16.2% produced in China,with 200 barrels containing 12 bottles of 600ml each, as per Lang Son Customs Department’s report.

According to regulations on commodity policies in Clause 4, Article 30 of Decree 105/2017 / ND-CP of the Government ontrading in alcohol, alcohol products shall only be imported into Vietnam through international checkpoints. Chi Ma Customs asked Tuan Phuong Company to halt procedures.

However, Tuan Phuong Company has an official letter 2406/2020 / CV-TP proposing to continue the customs clearance and physical inspection of goods to determine the benefits and use purpose of the goods. Tuan Phuong Company said that the imported Hoa Dieu alcohol is only used for food processing (like vinegar, a common condiment).

Chi Ma Customs inspects imported alcohol products of Tuan Phuong Company.
Photo: H.Nu

Chi Ma Customs conducted a physical inspection and discovered that the imported alcohol shipment showed signs of violation of national sovereignty on the packages and labels. Chi Ma border gate Customs Branch sent samples for specialized inspection to the Department of Survey, Mapping and Geographic Information of Vietnam (Ministry of Natural Resources and Environment).

In early July, the Department of Survey, Mapping and Geographic Information of Vietnam returned inspection results, determining the packages and labels of the bottles have an image of China with Hoang Sa and Truong Sa archipelagos belonging to the sovereignty, sovereign rights and jurisdiction of Vietnam, which is determined according to Vietnamese law, international treaties on territorial borders to which the Socialist Republic of Vietnam Nam is acceded in accordance with the United Nations Convention on the Law of the Sea 1982.

The Department of Survey, Mapping and Geographic Information of Vietnam requested Chi Ma Customs to refer to Article 11 of Decree 18 / 2020 / ND-CP of the Government on sanctioning of administrative violations in the field of measurement and mapping to handle the case.

After the inspection results were issued, Tuan Phuong Company admitted the violation and proposed the Customs agency facilitate the re-export of the above goods.

Lang Son Customs Department said that, through researching the current regulations, the unit found that Tuan Phuong Company imported this alcohol for the purpose of trading, goods were produced by Chinese partners, images on packages and labels on the bottles were also made by the manufacturer. Because Tuan Phuong Company did not check the goods before registering the import declaration, it led to the violation.

In order to handle the case, Lang Son Customs Department also sent an official dispatch to the General Department of Customs for guidance. According to the instructions for imported goods with images and contents violating the national sovereignty of Vietnam, the General Department of Customs requested Lang Son Customs to comply with point b, clause 1, Article 20 of Decree No. 159/2013 / ND-CP of the Government on sanctioning of administrative violations in press activities, publishing and specific cases to handle.

For imported alcohol products that do not go through international border checkpoints, Lang Son Customs shall base on Point a Clause 3 Article 41 of Decree No. 185/2013 / ND-CP on sanctioning of administrative violations in commercial activities, production of, trading in counterfeit and banned goods and protection of consumer rights and the case records to handle.

However, Lang Son Customs said that it is necessary to clarify the purpose and motive whether the company colludes with the seller to import alcohol with the packages and labels bearing the Chinese map containing two archipelagos of Hoang Sa and Truong Sa of Vietnam for China’s purpose of expansion or not. If there is no purpose or motive, the company’s violation is unintentional and handled according to the law on goods labels. Lang Son Customs instructed the Chi Ma Border Gate Customs Branch to work with professional units to research and determine the company’s violation and handle the case.

Lang Son Customs Department emphasized that the import of alcohol through international border checkpoints under Clause 4, Article 30 of Decree 105/2017 / ND-CP is compulsory.

However, the current regulations have not issued sanctions for acts of importing at incorrect border checkpoints. Regarding the goods labels, regulations and sanctions are also clearly specified in Clause 1, Clause 5, Article 3 and Clause 2, Article 8 of Decree 43/2017 / ND-CP dated April 14, 2017 of the Government. The fine levels for acts of violations are described by the Government according to the value of infringing goods in Clause 3, Article 31 of Decree No. 119/2017 / ND-CP.

Be wary of all forms

The representative of Department of Survey, Mapping and Geographic Information of Vietnam said some enterprises have imported or temporarily imported into Vietnam some types of goods with images or maps including the nine-dash line. This is a serious violation of the law, and is strictly forbidden in accordance with current law due to distorting historical truth, incorrect or misleading representing territorial sovereignty and national borders.

According to Lawyer Vu Cong Dung (Bao Hien Law Office, Hanoi), the fact that China unilaterally declared sovereignty over the waters via the nine-dash line has been strongly protested by most countries around the world. In particular, the China’s unilateral announcement of sovereignty over this nine-dash line has violated the sovereignty of many countries in Southeast Asia, including Vietnam. The Vietnamese Party and State are consistent not to recognize China's illegal announcement in the South China Sea; affirm that Vietnam's sovereignty over the waters, islands and exclusive economic zones under international law, the law of the sea in 1982 and the international treaties to which Vietnam is acceded; and resolutely fight to protect the sovereignty of sea and islands and protest distorted claims violating national sovereignty.

Therefore, all acts of China’s propagation and dissemination of the nine-dash line violate Vietnamese law and the territorial sovereignty of Vietnam, are censurable and possibly sanctioned for administrative or criminal violations.

After many incidents of the nine-dash line appearing on passports, on cultural and tourist products, on cars, and alcohol products were discovered and seized, the urgent problem is that the authoritiesneed to have a special control mechanism when evaluating or carrying out import procedures for products with foreign origin.

Also according to Lawyer Vu Cong Dung, when completing import procedures for products from abroad, enterprises also need to be vigilant and learn about the products expected to be imported to avoid the situation that imported products arrive the country, but enterprises do not know what is printed on the product’s package and labels.

Before deciding to import goods from abroad, enterprises need to check contracts and legal documents signed with foreign partners to ensure that imported goods do not contain labels, documents, images or devices violating Vietnam's territorial sovereignty, national borders; and strictly control all goods before importation and temporary importation into the territory of Vietnam.

For goods imported directly from China, enterprises need to ask their partners and sellers to make a written commitment not to attach, install, label, print or use devices, documents, images, packages or labels violating territorial sovereignty and national borders of Vietnam.

When detecting infringing goods or goods suspected of violating territorial sovereignty, national borders of Vietnam, enterprises should immediately notify authorities such as local Customs, Market Surveillance, Police and Border Guard to handle as soon as possible- lawyer Vu Cong Dung noted.