Handling many criminal cases of smuggling

The year of 2016, HCMC Customs Department seized and made record for 1,504 violation cases, it's worth 654.5 billion vnd. In particular, exchange 54 cases with the HCMC People's Procuracy, increase by 80% over the same period. HCMC People's Procuracy requested to transfer to police investigated 39 cases (increased by 35.89%), Police has prosecuted one case; the customs branches at border gate prosecuted 8 cases (rise 700% compared to 2015).

Prosecuted 2 cases of smuggling

After verification time, on 20^th January 2017, the Saigon port Area 1 Customs Branch issued a decision to prosecute the criminal offense of "smuggling" at Cat Lai port related to Tan Hao Nguyen Co., Ltd.

According to the case file, Tan Hao Nguyen Co., Ltd did re-export procedures for their shipment in accordance to Customs declaration form on 10/3/2016 at the Customs office of Saigon port area 1. This shipment was forced to re-export under the decision of administrative sanction No. 51/QD-HQHCM by HCMC Customs Department. Re-exported items were cosmetics, all kinds of food, pill capsules, total weight of 300 kg, worth over $US 13,600. After checking the re-exported goods declared by enterprises, Saigon port Area 1 Customs Branch saw the goods are fit to be declared goods thus they made records in order to hand over to representatives of the company liable to transport to Moc Bai-Tay Ninh by truck was sealed by 2 Customs seals.

At the end of November 2016, the businesses presented goods to do re-export procedure at Moc Bai Customs Branch – Tay Ninh Customs Department. When conducting monitoring of the actual condition of goods on the trucks, Moc Bai Customs Branch detected there is only one Customs seal in the side door, while the rear one is no longer sealed. Hence, Moc Bai Customs Branch decision decided to pause the process of transporting the shipment to the inspection area and announced Saigon port Area 1 Customs Branch to coordinate for inspecting the consignment.

Through working with Mr. Nguyen Phi Long, representing Tan Hao Nguyen Co,. Ltd, he admitted that they broke the Customs seals, picked up re-exported goods out of the truck, then put the shipment remaining to present to the Moc Bai Customs Branch in order to do re-export procedures.

Earlier, on 6^th January 2017, Saigon port Area 1 Customs Branch issued Decision No. 01/2017/QD-HQC1 to prosecute criminal cases of smuggling ivory at Cat Lai port - HCMC. According to the case file, the shipment including 2 containers at Cat Lai port in the end of October 2016, on the manifest as wood products, imported from Nigeria to Vietnam with the port of destination Binh Duong; the recipient was Tam Phuc Service Trading Production Co., Ltd (Chon Thanh - Binh Phuoc). As there was information about suspicious signs about the shipment that contained ivory, so after the goods were loaded, Customs Enforcement Unit - HCMC Customs Department examined the entire shipment, discovered inside the wooden blocks 446 kg of ivory. Through initial investigation of the Customs Enforcement Unit found that this new enterprise changeed statutory agent in October 2016. At the registered address of the company operations, the Customs authorities detected no active businesses, it's just a kiosk no address, no name plate.

Strictly handle smugglers

According to the HCMC Customs Department, in 2016, the unit issued a decision to prosecute criminal cases against 8 cases of seriously violating Customs laws. In 2017, the unit will consider prosecuting many smuggling cases that have clear signs. For the cases needed to expand the investigation, the Department will transfer to police agencies within its jurisdiction. Resolutely strictly handle violators, tax evasion, smuggling, etc.

Beside 2 cases of smuggling prosecuted, HCMC Customs Department is discussing with relevant authorities to consider criminal signs of many large-scale smuggling activities. For example, the case of importing more than 8 tons of cargo in the form of non-tradable, with false Customs declaration, cargo is in the list of banned goods from being imported, was seized by Saigon port area 3 Customs Branch detected and made a record in the end of November 2016.

The shipment was registered for doing import procedure via Saigon port area 3 Customs Branch by Thanh Nhu Y Co., Ltd. (Da Lat - Lam Dong). On the Customs declaration, the representative of the company declared that the cargo was 8 tons of electrical goods, electronics, household items, total value of over $US 3,500. Through physical inspection, Saigon port area 3 Customs Branch detected inside imported consignments of Thanh Nhu Y Co., Ltd. has cargo that violated Customs law. In particular, the list of prohibited goods, prohibited goods worth nearly 340 million vnd; importation of undeclared goods, tax fraud of nearly 50 million vnd; imports of goods on the list must be licensed but there is no license; and imported goods did not meet the conditions, standards, procedures and technical consultation. The entire value of pirated goods was 526 million vnd.

Verification at the registered address for the business, the company did not operate in the registered address of the business, the company did not list the name and details of company directors always, and did not cooperate with the Customs authorities in the shipment handling violations. Given that the incident may have illegal signs it was discussed with the HCMC People's Procuracy to consider signs that constitute an offense under criminal law.

Recently, HCMC Customs Department transfered the dossier of smuggled medicines by air to investigation by the police agency - HCMC Police. In the end of 2016, Tan Son Nhat International Airport Customs Branch established violation records of 2,200 boxes of medicines imported by air which had false Customs declaration of L.K.V. Import & Export Co., ltd. According to the Customs declaration, the shipment included 2 packages of annealed color material in granular form, brand new 100%, made in Turkey, worth over 15 million vnd. Through physical inspection, Customs authorities discovered that the entire pharmaceutical goods actually imported were worth over 436 million vnd, imports of goods imported unconditionally must be licensed by the Ministry of Health.

For ivory smuggling cases at the end of 2016, HCMC Customs Department is completing the dossier to prosecute for this incident.