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Customs guides penalties for administrative violations caused by Covid-19 pandemic

21:19 | 15/01/2022

VCN - The General Department of Vietnam Customs (GDVC) has just sent an official dispatch to local customs departments; the Anti-Smuggling and Investigation Department and the Post-Clearance Audit Department on penalties for administrative violations caused by the Covid-19 pandemic.

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Is a delay in implementing customs procedures due to the Covid-19 pandemic cause for administrative violations? Is a delay in implementing customs procedures due to the Covid-19 pandemic cause for administrative violations?
VCN - The General Department of Vietnam Customs (GDVC) has just sent an official dispatch to local customs departments; the Anti-Smuggling and Investigation Department and the Post-Clearance Audit Department on penalties for administrative violations caused by the Covid-19 pandemic.
A Customs officer of Nam Can Customs Branch checks transport to ensure pandemic prevention and control. Photo: Manh Duong

To handle violations related to goods that are beyond the deadline for storing in a bonded warehouse but cannot be exported or imported into the country due to the Covid-19 pandemic, and cannot go through import procedures on time due to the pandemic, the National Assembly Standing Committee issued Resolution 10/2021/UBTVQH15 on December 8, 2021, on extending the storage time of goods at duty-free shops and warehouses of enterprises selling duty-free goods and goods in bonded warehouses to meet the requirements of Covid-19 pandemic prevention and control.

Accordingly, goods are kept until no more than 12 months after the date of announcement of the end of the pandemic, said the GDVC.

On October 11, 2021, the Government issued Resolution 128/NQ-CP on temporary regulations on flexible adaptation, effective control of the Covid-19 pandemic. Accordingly, the Ministry of Justice is assigned to “preside over and coordinate with relevant agencies to propose penalties for administrative violations due to circumstances and the impact of the Covid-19 pandemic".

On December 23, 2021, the Government issued Decree 118/2021/ND-CP detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.

Accordingly, Clause 3, Article 8 of Decree 118/2021/ND-CP stipulates for administrative violations caused by objective reasons due to the pandemic or implementing pandemic prevention and control measures, the competent authority must verify and collect relevant information, data, papers, or documents to clarify the details of the specific case to determine whether or not to sanction administrative violations.

If it is determined that the pandemic is the direct reason of administrative violations; or administrative violations cannot be foreseen due to the pandemic and cannot be recovered despite all necessary measures, the competent authority shall base on Clause 4, Article 11 of the Law on Handling of Administrative Violations on not sanctioning administrative violations.

Regulations on customs-related administrative penalties specified Regulations on customs-related administrative penalties specified

Therefore, the GDVC recommends that the units base on Resolution 10/2021/UBTVQH15, and Clause 3, Article 8 of Decree 118/2021/ND-CP of the Government and specific cases to determine whether to or not to sanction administrative violations committed directly from objective conditions and circumstances due to the pandemic or implementing pandemic prevention measures.

By Nu Bui/ Huyen Trang