Customs prosecute an enterprise due to “selling banned goods”

Inspection the shipment of banned goods. Photo: L.T

According to the Saigon port area 1 Customs Branch, on December 5, 2019, Tan Phong Transport Investment Co., Ltd. registered to open an import declaration at the Saigon port area 1 Customs Branch. According to the declaration, the imported goods included metal cutting pliers, wrenches, screwdrivers, brand new 100%, with the declared value of VND171 million.

Due to the suspicion of the shipment, Saigon port area 1 Customs Branch planned to coordinate in inspecting the above imported shipment.

On December 16, 2019, the Saigon port area 1 Customs Branch sent a document to director of Tan Phong Transport Investment Co., Ltd., requesting coordination in performing the obligation of opening containers and presenting goods for physical inspection, but the company did not comply.

After that, the Import Cargo Procedures Team coordinated with the Customs Supervision and Enforcement Team, the Customs Enforcement Team - Ho Chi Minh City Customs Department, Giang Nam Port with the witness of the shipping line, the inspection company conducted inspection for the imported shipment of Tan Phong Transport Investment Co., Ltd.

As a result, the goods were identified as wall clocks and desk clocks

The inspection certificate for this shipment included: nearly 400 pieces/sets of used pendulum wall clocks, desk, standing, non-electrical operation; seven used bicycles, interior cabinets, used stone countertops. Those are in the list of goods banned from import.

Besides that, in the container, there were 16 sets of used bronze statues and decorations (with clocks); one beverage cooler, electrically operated Sommeliere CTV81, new and unused. The business did not make customs declaration and evaded taxes. The value of the shipment was nearly VND700 million.

Container of banned goods.

From the above results, the Saigon port area 1 Customs Branch said that Tan Phong Transport Investment Co., Ltd. made incorrect declarations about the names of goods and declared goods as ordinary goods which were not subject to regulation by specialised management policy, not in the list of prohibited goods. When the declaration was classified in the red channel (conducting physical inspection of goods) and detected violations, the company did not present the goods for inspection, shirk their responsibility and the inspection of the Customs authority.

Immediately after detecting the infringing shipment, the Saigon port area 1 Customs Branch organized to verify the operation status of Tan Phong Transport Investment Co., Ltd.

Verified at the Department of Planning and Investment of Ho Chi Minh City, Tan Phong Transport Investment Co., Ltd. registered for the first time on April 18, 2018, at the address of 8th floor, Vien Dong Building, (address 14 Phan Ton, Da Kao ward, district 1, HCM City). The legal representative was Vo Tan Phong (born in 1971; residing in Tan Hung Thuan ward, District 12, HCM City). Tan Phong Transport Investment Company Limited had not registered for dissolution.

However, through verifying the operation at the registered business address of Tan Phong Transport Investment Co., Ltd., Da Kao Ward Police (District 1, Ho Chi Minh City) said that the business did not operate at the registered address.

Verifying the address of the legal representative, the local government said that Vo Tan Phong was currently present and living in the locality. Saigon port area 1 Customs Branch sent three consecutive invitations to Mr. Vo Tan Phong's residential address, but he did not come to work.

Tan Phong Transport Investment Co., Ltd. had taken advantage of the risk management policy of the Customs to intentionally not declare the correct name, quantity of goods, which were on the List of goods banned from import in accordance with the regulations.

After issuing a decision on criminal prosecution, the Saigon port area 1 Customs Branch sent it to the People's Procuracy of Ho Chi Minh City to carry out the prescribed procedures.