The HCM City People's Committee confiscated a shipment of pile drilling machines subject to the list of banned goods, but the importer did not work with Customs to handle the problem.

The shipment of used imported machineries seized
by HCM City Customs. Photo: T.H

Importing banned goods

D.P.N Foundation Development Company Limited (Ho Chi Minh City) registered a customs declaration at Sai Gon Seaport Zone 3 Customs Branch to import a shipment of used KINKI ISHIKO Drilling Machine, model: M50B, year of manufacture: 1990, origin: Japan, valued at 6,600,000 JPY (more than VND1.3 billion).

The company has conducted a registration for inspection of technical quality, safety and environmental protection for imported vehicles at Vietnam Register.

The Notice of imported transport construction machinery’s violation No. 19VMC/200039 dated December 26, 2019 issued by Vietnam Register reported that the import of the KINKI ISHIKO Drilling Machine that had right steering wheel, violated Point a, Clause 8, Section II of Appendix I issued together with the Government's Decree No. 69/2018/ND CP dated May 15, 2018 (subject to the list of goods banned from import).

After the inspection result was issued, the company’s representative said due to lack of knowledge, it thought that the machineries are used as transport construction machineries and are not in traffic, and are permitted for import. At the same time, the company asked the Customs to facilitate to re-export the machinery.

Sai Gon Seaport Zone 3 Customs Branch has made a report of administrative violations against the D.P.N Foundation Development Company Limited for importing goods subject to the list of goods banned from import.

Complain but not coordinate in handling violation

Regarding this case, the Vice Chairman of HCM City People's Committee issued a Decision on sanctioning of administrative violations No.2680/QD XPVPHC against D.P.N Foundation Development Co., Ltd. for importing banned goods with a fine of VND50 million and confiscated all infringing goods at the end of 2000.

After the HCM City People's Committee issued the Decision on sanctioning of administrative violations, the company said that the KINKI ISHIKO Drilling Machine that has right steering wheel as the transport construction machinery is not subject to be banned from import as prescribed in Point a, Clause 8, Section II of Appendix I issued together with the Government's Decree No. 69/2018/ND CP dated May 15, 2018, and proposed to revoke the sanctioning decision.

The company imported goods subject to be banned from import. Therefore, imposing a fine and confiscation of all infringing goods complies with the law. The Company's complaint to consider not to impose these penalties is not consistent with the law.

Sai Gon Seaport Zone 3 Customs Branch has provided documents related to the contract, packing list and invoice of the shipment. The branch said that it based on the Notice of imported transport construction machinery’s violation No. 19VMC/200039 dated December 26, 2019 issued by Vietnam Register to make a record on the company’s violation. HCM City Customs Department said that on the basis of case files, the Notice issued by Vietnam Register, the issuance of the record by the Saigon Seaport Zone 3 Customs Branch for D.P.N Foundation Development Company Limited complies with the law.

Vietnam Register said that the KINKI ISHIKO Drilling Machine M50B that has right steering wheel imported by D.P.N Foundation Development Company Limited is subject to be banned from import as prescribed in Government Decree 69/2018/ND-CP.

HCM City People's Committee has concluded that complaint of D.P.N Foundation Development Company Limited is not consistent. The Committee maintains the Decision No.2680/QD-XPVPH of the HCM City People's Committee’s Vice Chairman on imposing a fine and additional penalties for confiscation of the shipment.