Unify the way of handling administrative violations for imported vehicles

The General Department of Vietnam Customs has requested units to review cases of vehicles or vehicle parts that do not meet the corresponding regulations of the Ministry of Transport and have been issued notices of non-compliance with technical safety and environmental protection standards (imported vehicles/vehicle parts). Vehicles violating the regulations of Decree 69/2018/NĐ-CP, which details certain provisions of the Law on Foreign Trade Management, are issued violation notices of Decree 69/2018/NĐ-CP.

According to Article 52, paragraph 3, of the Law on Handling Administrative Violations of 2012, "The authorized person to handle administrative violations stipulated in Articles 39 to 51 of this Law has the authority to handle administrative violations in the field or sector they manage."

Tractor vehicles imported from China. Photo: H.N

In addition, Article 1, paragraphs 3 and 4, of Government Decree 128/2020/NĐ-CP on handling administrative violations in the customs field, stipulate: "For violations of the provisions of the law on management of import and export goods, transit, import and export transport, and transit occurring in the customs field, the provisions on handling administrative violations in the customs field shall apply. Administrative violations related to the customs field that are not stipulated in this Decree but are stipulated in other legal documents shall be subject to administrative penalties as prescribed in those documents."

In comparison with the provisions of the law, the General Department of Vietnam Customs requires units to base on the provisions of the law, the notice of the Vietnam Register Department, and the specific case file to consider handling according to their authority.

Previously, on July 15, 2024, the Vietnam Register Department sent a document to the General Department of Vietnam Customs regarding the handling of administrative violations for imported vehicles.

In the document, the Vietnam Register Department stated: "Currently, the legal documents on handling administrative violations do not have provisions assigning the Vietnam Register Department the right to handle administrative violations with the above-mentioned subjects, so the Vietnam Register Department does not have the basis to impose penalties on these subjects."

On the other hand, according to Article 2 and Article 37 of Decree 119/2017/ND-CP on handling administrative violations in the field of standards, measurement, and quality of products and goods; Article 2 of Decree 126/2021/NĐ-CP amending and supplementing certain provisions of the decrees on handling administrative violations in the field of intellectual property; standards, measurement, and quality of products and goods; scientific and technological activities, technology transfer, and nuclear energy, the authority to handle administrative violations belongs to the customs authority.

The Vietnam Register Department will provide the inspection results for the aforementioned cases to the customs authority where the import procedures are carried out for information and handling according to regulations.