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Be aware of the exploitation of policies for smuggling.

Exploiting policies to engage in smuggling.

The smuggling situation is becoming increasingly complex.

According to the National Steering Committee 389, recently, the police and customs authorities have continuously uncovered numerous cases of smuggling prohibited goods and goods subject to import conditions (used goods). Typical examples include: automobile and motorcycle parts, electronics, and refrigeration equipment… occurring in many provinces and cities, along all sea, air, and land border routes.

The methods used by these individuals are very sophisticated, such as: embezzling goods, swapping goods, failing to transport goods to the export border gate, and arbitrarily breaking customs seals to dispose of goods... They exploit limitations in management, coordination between forces, and inadequacies in policies regarding transit and transshipment of goods.

According to a report from the General Department of Customs, the Southern Region Anti-Smuggling Control Team (Team 3) – Anti-Smuggling Investigation Department, in coordination with the Saigon Port Customs Branch Area I – Ho Chi Minh City Customs Department, has been conducting targeted surveillance of approximately 50 transit containers. The goods listed on the manifests and bills of lading are used cars, motorcycles, bicycles, electronics, and household appliances. Specifically:

On May 5, 2017, Team 3 conducted a search of two transit containers numbered MIEU0050371 and INKU2695721 (according to search decision No. 08/QD-D3 dated May 3, 2017). The specific results are as follows: Container number MIEU0050371: The name on the bill of lading is CONFIDENT TRANSPORTATION (CAMBODIA), CO., LTD NO.294 E0 BOREI CHHOUK ME, AS ST. C PHUM KRANG ONG KRORNG SANG, KAT KRANG TNONG KHAN SENSOK. The goods declared on the bill of lading are used motorcycles. Search results: The goods in the container are used motorcycles of various types…;

Container number INKU2695721: The name on the bill of lading is YAO WEI YONG TRADING CO.,LTD, address: NO.96 AE0, ST NO.VE 16, SANGKAT TOUL, SANGKE, KHAN RUSSEY KEO, PHNOM PENH, CAMBODIA. The goods declared on the bill of lading are used electronic goods. Inspection results: The goods in the container are used speakers, amplifiers, DVD players, organs, etc.

On May 31, 2017, Team 3, in coordination with the Saigon Port Customs Branch Area I, conducted a physical inspection of three transshipment containers numbered ECMU9692490, TCLU6564602, and TCLU5362630. The name on the bill of lading was CHEAM LOGISTICS (CAMBODIA) CO.,LTD, address: NO. 63, ST 440, TOUL, TUMPOUNGL, CHAMKARMON, PHNOM PENH, CAMBODIA. Results: Container ECMU692490: The goods declared on the bill of lading were used motorcycles. Inspection results: 81 used motorcycles of various types…

Container number TCLU6564602: The goods declared on the bill of lading were used motorcycles. Inspection results: 109 used motorcycles of various types…

Container number TCLU5362630: The goods declared on the bill of lading were used motorcycles. Inspection result: 80 used motorcycles of various types.

Furthermore, the Anti-Smuggling Investigation Department coordinated the discovery of a shipment of 21 containers of cigarettes being transshipped in Binh Dinh. Initially, Hai Anh Import-Export & Trading Co., Ltd. provided transshipment services (under a transshipment service contract), but later requested to change the business type to re-export for the shipment. However, according to regulations, for re-export business to be conducted, Hai Anh Import-Export & Trading Co., Ltd. must be the owner of the shipment.

Through investigation and verification by the Anti-Smuggling Investigation Department, it was determined that Hai Anh Import-Export & Trading Co., Ltd. provided two sets of fictitious documents, and that Hai Anh Import-Export & Trading Co., Ltd. is not the owner of the shipment. As a result, the General Department of Customs issued a decision to confiscate the goods in accordance with regulations.

Strengthen controls to prevent the misuse of policies for smuggling.

Given the increasingly complex situation regarding smuggling, the National Steering Committee 389 requests the Steering Committees 389 of ministries, sectors, and localities to focus on directing functional units to strengthen efforts to combat and prevent prominent smuggling activities.

Accordingly, the Ministry of Finance needs to review regulations on the management of transit, transshipment, and re-export of goods. It should direct customs authorities to closely inspect and monitor transit and transshipment shipments from the import stage to the final export stage. For shipments found to have signs of violations, strict inspection and handling must be carried out in accordance with the law.

The Ministry of Public Security has directed its forces to identify ringleaders, networks, organized groups, and complex hotspots, to initiate investigations, and to prevent the removal, substitution, or concealment of smuggled goods; and to coordinate with Customs and Border Guard forces to prevent smuggled goods from entering the country during transportation or crossing the border for consumption in Vietnam.

The Ministry of National Defence has directed Border Guard and Coast Guard units to strengthen inspection and control of trails, open routes, and areas on rivers and seas to prevent the smuggling of goods from across the border for consumption in Vietnam; and to coordinate with Customs and Police forces to prevent, detect, investigate, and handle these smuggling activities.

The Ministry of Industry and Trade directs market management forces to control the retail market, dealerships, stores displaying and warehouses storing goods that are prohibited from import or are used goods; and presides over the coordination with inter-ministerial agencies to review and evaluate policies on the management of transit and transshipment of goods to ensure compliance with the Commercial Law and other legal regulations.

The Steering Committee 389 of 10 provinces and cities, including Ho Chi Minh City, Ba Ria-Vung Tau, Dong Nai, Binh Duong, Kien Giang, Dong Thap, Binh Phuoc, Tay Ninh, Long An, and An Giang, directed functional forces to proactively inspect and control their areas to prevent the stockpiling, storage, trading, and consumption of prohibited and conditionally imported used goods.

Businesses need to be aware of policies being exploited for smuggling purposes to avoid being taken advantage of or becoming implicated.

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