Nghe An Customs faces problems in handing confiscated evidence

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Nam Can Customs - Border Guard forces discovered and seized 78 imported clove wood sticks with a volume of 0.979 m3 without legal documents on December 8, 2022.

Still faces difficulties in the practice

Currently, the system of documents regulating administrative handling in general and in the customs field in particular has been developed completely and comprehensively; guidance documents have been institutionalized and basically completed.

However, when applying regulations and instructions to handle specific cases, Nghe An Customs Department has faced many difficulties and obstacles.

Notably, the department has faced problems related to the handling plan for confiscated evidence, which is a vehicle that has been cleared and remodeled its chassis number and engine number.

On August 19, Nghe An Customs Department reported a confiscated Honda motorbike with cleared and remodeled its chassis number and engine number. The report states that the vehicle that has been cleared and remodeled its chassis number and engine number, the original chassis number cannot be determined, so there is no basis to determine the manufacturing year and manufacturing country. Therefore, the vehicle cannot be registered for circulation, leading to an unsuccessful auction.

In 2022, Nghe An Customs Department arrested two violations of 0.979 m3 of clove wood and 640 kg of rosewood. The department issued a decision to fine and confiscate the evidence.

Based on Decree 29/2018/ND-CP stipulates the processes and procedures for establishing all-people ownership of property and disposal of property under established all-people ownership; Decree 06/2019/ND-CP on management of endangered, precious and rare forest plants and animals and implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and Document No. 1680/KHTC-QLTS dated November 28, 2022 of the Ministry of Finance, the General Department of Vietnam Customs has approved the handling plan on transferring the case to local specialized management agency (Department of Agriculture and Rural Development).

Nghe An Customs Department worked with Nghe An Forest Protection Department to handover the evidence, but Nghe An Forest Protection Department refused because the confiscated wood in the two cases are not “rare forest products and cannot be used for commercial purposes”.

According to Nghe An Customs Department, Decree 06/2019/ND-CP stipulates that rosewood and clove wood are not “rare forest products and cannot be used for commercial purposes”. On October 1, 2021, the Government of the Socialist Republic of Vietnam and the Government of the United States of America signed an agreement to unify regulations on illegal timber exploitation and trade. Accordingly, Clause 1, Article 3 of the agreement provides that Vietnam must ensure that confiscated wood (regardless of rarity) is not included in the supply chain for export or consumed for domestic commercial purposes.

Nghe An Customs Department said that the regulations between Decree 29/2018/ND-CP, Decree 06/2019/ND-CP and the agreement signed between the Government of the Socialist Republic of Vietnam and the Government of the United States of America have seen a contradiction.

Need to supplement and revise inappropriate regulations

Due to the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations approved by the National Assembly on November 13, 2020 and Decree 118/2021/ND-CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the Law on Handling of Administrative Violations effective from January 1, 2022, and Circular 77/2022/TT-BTC abolishing Circular 90/2020/TT-BTC regulating forms used for handling customs offences, Nghe An Customs Department said that some legal framework and forms to apply the regulations in Decision No. 166/QD-TCHQ are no longer appropriate.

Therefore, Nghe An Customs Department proposes to amend and supplement Decision No. 166/QD-TCHQ in line with reality, ensuring smooth handling administrative violations.

Nghe An Customs Department said that the updating of administrative violation information on the Violation Management System 14 under the provisions of Decision No. 150/QD-TCHQ dated January 28, 2022 of the General Department of Vietnam Customs is a key stage in the process of handling administrative violations. If the officers do not fully, promptly and accurately update information, they will be handled and disciplined as per the provisions of Decree 19/2020/ND-CP.

Nghe An Customs Department said that it is necessary to supplement the updating of administrative violation information on the Violation Management System 14 and the handbook for handling administrative violations.