Whether is fined for administrative violations due to effect by Covid-19 or not?

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Customs operation at NinhBinh Customs Branch (Ha Nam Ninh Customs Department). Photo: Q.H

The General Department of Vietnam Customs has received reports from some provincial and municipal customs departments related to the consideration of failing to implement administrative violation fines in the customs area due to the effects of the Covid-19 pandemic.

For this issue, the General Department of Vietnam Customs instructs that Article 11 of the Law on handling administrative violations, and Article 5 of the Government Decree 127/2013 /ND-CP date October 15, 2015 on penalties for administrative violations and enforcement of administrative decisions pertaining to customs controls amended and supplemented in the Government's Decree No. 45/2016/ND-CP stipulates cases not subject to administrative violation fines.

Article 2 of the Law on handling administrative violations alsexplains that the force majeure is not subject to administrative violation fines.

The General Department of Vietnam Customs said that the consideration for failing to fine administrative violations must be based on the provisions of the law and specific case.

Accordingly, individuals and organizations must prove that they have applied all measures and capabilities but cannot prevent violations.