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Customs instructs on sanctioning of administrative violations due to impact of Covid-19 pandemic

08:57 | 15/01/2022

VCN – The General Department of Vietnam Customs has issued an official dispatch instructing municipal and provincial customs departments, the Anti-smuggling and Investigation Department and the Post Clearance Audit Department on sanctions of administrative violations due to the effects of the Covid-19 pandemic.

Ho Chi Minh City's economic motivation from import and export activities Ho Chi Minh City's economic motivation from import and export activities
Controlling smuggling cases across border gates during the Lunar New Year Controlling smuggling cases across border gates during the Lunar New Year
Ha Tinh Customs ensures smooth customs clearance at the end of the year Ha Tinh Customs ensures smooth customs clearance at the end of the year
Customs instructs on sanctioning of administrative violations due to impact of Covid-19 pandemic
Officers of Nam Can Customs Branch inspect vehicles and imports and exports for disease prevention and control. Photo: Manh Duong.

Following the implementation of Official dispatch 4428/TCHQ-PC dated September 15, 2021 on not sanctioning administrative violations due to the pandemic, to handle violations related to goods that have exceeded the deadline for storage in bonded warehouses but cannot be exported or imported, or individuals cannot carry out customs procedures due to the pandemic.

The GDVC said the National Assembly Standing Committee issued Resolution 10/2021/UBTVQH15 extending the deadline for storage of goods at duty-free shops, warehouses of duty-free goods operators, goods deposited in bonded warehouses to meet the requirements of Covid-19 prevention and control. Accordingly, the goods are allowed to be stored no more than 12 months after the end of the pandemic is announced.

On October 11, 2021, the Government issued Resolution 128/NQ-CP issuing regulations on flexible and safe adaptation, and effective control of the Covid-19 pandemic. Point 18b, Section VI of the Resolution assigns the Ministry of Justice to "preside over and coordinate with relevant agencies in proposing the application of regulations on penalties for administrative violations due to objective circumstances and the impact of the Covid-19 pandemic".

On December 23, the Government issued Decree 118/2021/ND-CP stipulating a number of articles and measures to implement the Law on Handling of Administrative Violations. Clause 3, Article 8 of Decree 118/2021/ND-CP stipulates, for administrative violations committed due to objective conditions and circumstances due to the pandemic or stem from the implementation of disease prevention and control measures, the competent authority must identify, collect information, data and documents related to administrative violations to clarify and determine whether or not to impose sanctions.

If it is determined that administrative violations stem from the pandemic; and the offenders cannot foresee the pandemic and cannot remedy the commission of a violation, the violations will not be sanctioned as per regulations of Clause 4, Article 11 of the Law on Handling of Administrative Violations.

Therefore, the GDVC requests units to comply with Resolution 10/2021/UBTVQH15, regulations in Clause 3, Article 8 of Decree 118/2021/ND-CP of the Government and specific cases to consider and determine whether to sanction or not for offences committed directly from objective conditions and circumstances due to the pandemic or implementation of measures for disease prevention and control.

By Nu Bui/Ngoc Loan