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Imported cars installed with navigation application software infringing Vietnam's sea ​​and islands sovereignty

Recently, according to the media, there have been imported cars with a GPS device installed with navigation application software and using image infringing Vietnamese sovereignty (using a nine-dash line map), especially at the Vietnam Motor Show 2019, taking place from October 23 to 27 at the Saigon Exhibition and Convention Center (SECC), the Volkswagen automaker displayed an imported Volkswagen Touareg car with anine-dash line map.

According to the General Department of Vietnam Customs, through review and inspection the imported consignment, it is one of the two 4-door 5-seater Volkswagen Touareg cars (CR745J and CR746J) hired by the World Auto Co., Ltd from its partner Wolkswagen Group Import Company Limited (China); and basedon Official Dispatch No.2971/SCT-QLXNK dated May 17, 2019 of the Industry and Trade department of Ho Chi Minh City, the Company implemented procedures for temporary import of this consignment to participate in the motor show in customs declaration No. 102901901130/G13 dated October 1, 2019.

On October 10, Saigon Port Customs Branch of Zone 1 carried out customs procedures for this consignment. Through physical inspection, the branch identified that the imported goods wereconsistent with the model, code symbol, chassis number and engine number; Customs officer did not start the car (due to it beng a new car and lackingfuel) and did not check the car’s navigation system.

Pursuant to the sale contract of Volkswagen brand products No. 01/HĐTĐL/WA-VW signed on January 1, 2016, signed between the World Auto Co., Ltd and VW Vietnam Auto Co., Ltd (valid for five years from the signing date), on October 18, the World Auto Co., Ltd handed over the Volkswagen Touareg CR745J car to the VW Vietnam Auto Co., Ltd and this car was transported by Tin Nghia Transport Company to attend the Saigon Exhibition and Convention Center.

On October 23, the VW Vietnam Auto Co., Ltd took the Volkswagen Touareg CR745J car to the Saigon Exhibition and Convention Center to attend the Vietnam Motor Show 2019. At the show, at 16:00 on October 27, the company discovered the positioning map on the Volkswagen Touareg CR745J car with the illegal Chinese nine-dash line. After that, the company turned off the positioning function and brought the cars to the company's warehouse in Cat Lai Industrial Park, District 2, Ho Chi Minh City.

On October 30, the World Auto Co., Ltd issued Official Dispatch No. WA12-TX/2019 requesting to re-export this car. However, it has not been resolved by Ho Chi Minh City Customs Department.

The infringing car with its customs seal.

On October 29 and November 4, the General Department of Vietnam Customs chaired two meetings with representatives of the ministries of Public Security, Justice, Industry and Trade, Culture and Sports and Tourism, Natural Resources and Environment, Transport, Information and Communications, Supreme People's Procuracy and Government Office.

Basically, the ministries and sectors agreed on the strict handling with organisations and individuals involved in the import, display and organisation of show of cars with a GPS device installed with navigation application softwareand using images infringing Vietnam's sea ​​and islands sovereignty in accordance with relevant laws, such as: Commercial Law and Publication Law.

The General Department of Vietnam Customs said that, based on the opinions of the ministries, sectors and the Publication Law, the documents guiding the implementation of the Publication Law, the General Department directed the Ho Chi Minh City Customs Department to handle the Volkswagen Touareg CR745J car as follows:

For the import of cars with a GPS device installed with navigation software which using image infringing Vietnam’s sea ​​and islands sovereignty (implemented by the World Auto Co., Ltd): A fine from 40 million VND to VND 60 million according to Point a, Clause 4, Article 28 of Decree 159/2013/ ND-CP (violations implemented by the organisation) shall be applied.

For the act of arbitrarily changing the status quo of goods temporarily imported for re-export (arbitrarily turning off the positioning function and removing nine-dash line map): A fine of between VND 10 million and VND 20 million according to Point d Clause 1 Article 11 of Decree No. 127/2013/ND-CP dated October 15, 2013, amended and supplemented in Clause 8 Article 1 of the Government’s Decree No. 45/2016/ ND-CP dated May 26, 2016 shall be applied.

The display of a car with a GPS device installed with navigation application software using improper images of Vietnam's the sea and islands sovereignty over (implemented by VW Vietnam Auto Co., Ltd): A fine of between VND 20 million and VND 40 million shall be imposed under Point b, Clause 1, Article 20 of Decree 159/2013/ ND-CP (violations implemented by organisations).

The infringing car shall be confiscated and fines as prescribed at Point a, Clause 5, Article 20 and Point a, Clause 5, Article 28 of Decree 159/2013/ND-CP will be levied.

The General Department of Vietnam Customs requested provincial and municipal customs departments conduct physical inspection for car consignments imported from China, in which focus on checking GPS devices installed with navigation application software. If detecting devices attached contents and images infringing national territorial sovereignty, distorting history, customs clearance will be suspended and handle violations in accordance with the provisions of Article 28 of Decree 159/2013/ND-CP.

The handling results will be summarised and reported to the Prime Minister, in which it is proposed that the Prime Minister assign the Ministry of Transport to carry out the quality inspection for cars attached subject to inspection of attached GPS devices. If there is violation on map showing incorrect the Vietnam’s territorial sovereignty, the ministry shall not issue the certificate of technical safety and environmental protection inspection for road vehicles, handle or transfer to competent agencies for handling according to law provisions.

For imported cars exempt from quality inspection as prescribed by the Government, the Customs authority will conduct physical inspection for car shipments imported from China, and focus on checking GPS devices installed with navigation application software. If detecting devices attaching content and images infringing national territorial sovereignty, distorting history, the customs clearance will be suspended and handle violations according to the provisions of Article 28 of Decree 159/2013/ ND-CP.

Propose to the Industry and Trade Department of Ho Chi Minh City handle the organiser of the show which occurred VW Vietnam Automobile Co., Ltd to take car with nine-dash line for show violating the provisions of the Commercial Law 2005 and Decree No. 185/2013/ ND-CP.