Regarding violations in the use of processing materials and raw materials of export processing enterprises, the Anti-Smuggling and Investigation Department (General Department of Customs) is verifying 266 rolls of cloth materials for processing of enterprises in the south.

Illustrative Photo: T. Binh 

According to Customs Newspaper, on the evening of November 21, 2019, the working group under Team 3 (the Anti-Smuggling and Investigation Department) discovered a truck heading from Company H out of Cu Chi Northwest Industrial Park (Cu Chi district, HCM City) with signs of doubt. The working group chased after and stopped the truck at a location on Truong Son Street (Dai Han Highway), An Binh Ward, Di An Town (Binh Duong).

At the time of inspection, the driver claimedthe truck carried 266 rolls of cloth received from Company H to deliver to an enterprise in Nhon Trach 6 Industrial Park, Nhon Trach District (Dong Nai). The documents of the consignment circulation included anote of delivery and internal circulation of Company H. At this time, the back of the trunk was sealed by Company H, while the side of the truck was not sealed.

“Realising that the consignment had incomplete documents, the working group asked the driver to bring the truck and goods to District 12, HCM City to clarify relevant details. However, while driving the truck to the above address, the driver resisted the officers and turned the truck and headed towards Binh Duong province and was forced to stop at Dong Nai bridge toll booth (Bien Hoa city, Dong Nai) by the working group.

After verification at related enterprises and individuals, Team 3 commented that at the time of the customs inspection,the goods on the truck had insufficient documents and the driver only presented the note of delivery note cum internal circulation. Although the goods were imported for processing under a contract with a foreign partner, when they were taken out of company H., they only had a note of delivery cum internal circulation without declaration and customs procedures. This runs contrary to the provisions of Clause 1, Article 59 and Clause 3, Article 60 of the Law on Customs; Clause 3, Article 36 of Government Decree 08/2015 / ND-CP dated January 21, 2015 (amended and supplemented under Decree No. 59/2018 / ND-CP dated April 20, 2018).

At the time of inspection, the back of the truck was sealed by Company H. but the side of the truck, thus, preservation of the status quo of goods during transport process was not ensured.

The driver's resistance against officers and their non-compliance with the order of the Team 3 showed the lack of transparency of the consignment.

According to Team 3, although Company H. proved the origin of the consignment, the act of transporting goods without documents had many suspicious and unclear signs. Although there is no evidence or documents showing that the Company H. and related organisations and individuals have committed to the act of smuggling, tax evasion or criminal violations, the above act of Company H. has violations of "storing, trading and transporting exported or imported goods without legal documents under the customs operation area" described in Point 5a, Article 12 of Decree No. 127/2013 / ND-CP dated October 15, 2013 (amended and supplemented in Decree No. 45/2016 / ND-CP dated May 26, 2016) onpenalties for administrative violations and enforcement of administrative decision in customs.

Due to the value of goods (about 175 million VND) exceeding the handling competence of the unit, Team 3 transferred the case to the Anti-Smuggling and Investigation Department to continue handling according to regulations.

Point 5, Article 12 of Decree 45/2016 / ND-CP amending and supplementing articles of Decree No. 127/2013 / ND-CP dated October 15, 2013 on penalties for administrative violations and enforcement of administrative decisions in Customs

5. A fine of from VND 30,000,000 to VND 60,000,000 shall be imposed for any of the following violations:

a) Any of the violations specified in Clause 2 of this article where the infringing goods arevalued from VND 50,000,000 to under VND 100,000,000 and that does not constitute a criminal offence.

b) Unloading goods at a port other than the port of destination specified in the goods manifest or bill of lading without acceptable explanation;

c) Loading, unloading, transferring exports, imports or goods in transit on a vehicle under customs control without permission by the customs agency;

d) Illegally liquidating or destroying goods to avoid customs inspection or customs supervision.