Prosecuting case of illegal import of goods worth more than VND38 billion

Photo provided by Anti-smuggling and Investigation Department

On December 18, 2020, T-Dracons Co., Ltd (headquartered in Hai Chau District, Da Nang) opened an import declaration at the Da Nang Port Customs Branch (Da Nang Customs Department) for the shipment imported from abroad.

The declared goods are QUEEN laundry detergent, 3,800 ml/bottle, 4 bottles/1 carton, 100% new, made in Japan, quantity 5,364 bottles; commodity code 34022095; with 10% import tax rate.

The declaration is classified by the VNACCS system to the Red channel (conducting a physical inspection of goods). After the enterprise transmitted the declaration to the VNACCS system and notified the results of the declaration classification, within the time limit prescribed by law, T-Dracons Co., Ltd. did not send a representative to Da Nang port Customs Branch to carry out customs procedures (present customs dossiers and bring goods to a specified place for conducting physical inspection). The customs branch contacted and requested the company to go to the customs branch’s office in order to carry out customs procedures for the shipment, but they could not contact this enterprise.

Besides one container that has opened a customs declaration, the company also has its name on the bill of lading to import into Tien Sa port (Da Nang) nine other containers (the goods declared on the bill of lading are detergents).

The company has not registered to open a customs declaration but the goods have been stored in the customs supervision area, have completed procedures with shipping agents and show suspicious signs of importing goods that are incorrect compared to the declaration.

Before the unusual signs related to the above shipments, the Anti-Smuggling and Investigation Department chaired and worked with the forces in the area to conduct a physical inspection for 10 containers owned by the T-Dracons Company named on nine bills of lading for goods through Tien Sa port, Da Nang.

The results showed that, through valuation and assessment of the names, types and conditions of goods, one container T-Dracons Co., Ltd. opened a customs declaration, the infringing goods were detected which were mainly cosmetics, supplementary foods, baby formula (powdered milk), used household appliances and electronic equipment produced by foreign countries.

For nine containers of T-Dracons Co., Ltd. named on the bill of lading (but that have not opened the customs declaration yet), the detected goods and evidence were mainly cosmetics, supplementary foods, baby formula (powdered milk), household appliances, alcohol, used mobile phones, used refrigeration products, used clothes, used watches. These were produced by foreign countries.

The total value of goods in 10 containers was determined to be more than VND38 billion.

Due to the case having many complicated details such as declaring the incorrect name of goods, bringing goods banned from import, goods imported under permits, goods imported with conditions but not complying with the provisions of law, goods that are material evidence that have been detected and temporarily seized of great value, showing signs of criminal law violations, etc., the General Department of Vietnam Customs has assigned the Anti-Smuggling and Investigation Department (Criminal Investigation Team) to investigate and verify the case.

Based on the collected records, documents and the results of inspection and verification, the Anti-Smuggling and Investigation Department has enough grounds to determine that the case related to T-Dracons Co., Ltd. has signs of legal violations.

On January 28, 2022, the Director of the Anti-Smuggling and Investigation Department issued a Decision to prosecute criminal case No. 02/QD-DTCBL for "illegal transport of goods and currency across the border" occurring in Tien Sa port, Da Nang, related to T-Dracons Co., Ltd.

On February 14, 2022, the Anti-Smuggling and Investigation Department handed over all dossiers and documents related to the above case to the Investigative Police Agency of Da Nang City Police for handling and investigation in accordance with the law.