The General Department of Customs requests local customs units to seriously implement the issuance of administrative violation records or decisions on sanctioning administrative violations and decisions on remedial measures for acts of violations.

Imported plastic scrap was discovered by Customs agency at Hai Phong port in 2018.
Photo: N.Linh.

On January 22, the General Department of Customs issued Official Letter 333 / TCHQ-GSQL guiding provincial and municipal customs departments on handling backlogged scrap at seaports. Accordingly, local customs departments must make records of administrative violations against shipping lines for importing goods on the list of goods banned from import or importing goods that fail to meet technical regulations.

However, the success is still limited. Therefore, according to Articles 56 and 57 of the Law on the handling of administrative violations, the General Department of Customs requires the directors of local customs departments to direct border gate customs branches where backlogged scrapis managed to urgently make records of administrative violations against shipping lines according to instructions in Official Letter No. 333 / TCHQ-GSQL.

If shipping lines do not attend the customs office and refuse to sign the records of administrative violations, they will be sanctioned under Clause 2, Article 58 of the Law on handling of administrative violations. At the same time, local customs departments shall complain customs branch for the delay in making records of administrative violations according to the provisions of law and instructions in the Official Letter No. 333 / TCHQ-GSQL of the General Department of Customs.

Regarding the issuance of decisions on the handling of administrative violations and decisions on remedial measures, pursuant to Clause 2 Article 65, Clause 2 Article 66 of the Law on handling of administrative violations and Official Letter No. 333 / TCHQ -GSQL, the General Department of Customs requests local customs department decide remedial measures such as infringing goods are forced to be destroyed under law provisions for backlogged scraps that fail to meet import conditions. Even goods under remedial measures are also forced to be taken out of the territory of Vietnam or reexported.

The time limit for completing issuance of a decision to apply the remedial measure as destruction is before April 25, 2021 and the destruction cost is specified in Clause 2, Article 85 of the Law on handling of administrative violations.

The General Department of Customs requires local customs department to seriously handle scrap left in stock at seaports under the direction of the General Department of Customs at point 1 of Official Dispatch No. 333 / TCHQSQL before the May 17th, 2021 and report the General Department of Customs on handling results.

Point 1 of Official Letter 333 / TCHQ-GSQL guides, for backlogged scrap on the list under Decision 73/2014 / QD-TTg dated December 19, 2014 of the Prime Minister and meeting national technical regulations on the environment, the local customs provinces urgently define the entire people's ownership and hire an auction organisation in accordance with the law; and complete the signing of the auction organisation hiring contract in accordance with law, and report on the signing to the General Department of Customs.