Chapter V
TACKLING OF SMUGGLING AND ILLEGAL CROSS-BORDER TRAFFICKING OF GOODS
Article 87. Tasks of customs authorities in the tackling smuggling and illegal cross-border trafficking of goods
1. Within the area of competence, customs authorities shall organize the performance of the task of tackling smuggling and illegal cross-border trafficking of goods.
2. Customs authorities may set up full-time units to perform the task of tackling and illegal cross-border trafficking of goods.
Article 88. Scope of responsibility to tackle smuggling and illegal cross- border trafficking of goods
1. Within their customs areas customs authorities shall conduct customs inspection, supervision and control of goods and vehicle to take the initiative in tackling smuggling and illegal cross-border transportation of goods.
In case agencies, organizations or individuals detect acts of smuggling or illegal cross- border transportation of goods while goods and carrying vehicles have not been taken out of custom operation areas, they shall immediately report such to customs authorities for inspection and handling.
In case there are reasonable grounds that goods are smuggled or illegally transported across the border or carrying vehicles are moving out of customs areas, customs authorities shall continue pursuing them and notify such to police offices, border guards, marine police officers and market managers in their localities for cooperation and concurrently apply measures to prevent and handle them in accordance with law. The halt and pursuit of foreign vehicles traveling in Vietnam’s sea areas comply with the Law on Sea Areas of Vietnam.
2. In case related regulatory bodies have reasonable grounds that smuggling or illegal cross-border trafficking of goods is committed while goods or carrying vehicles have been taken out of customs areas, they shall, within their competence, inspect and handle such acts in accordance with law. Customs authorities shall cooperate with related regulatory bodies in applying measures to tackle smuggling and illegal cross-border transportation of goods.
3. For goods subject to customs supervision which are transported on routes, customs authorities shall apply customs measures in supervision. When detecting law violations, customs authorities shall take charge, and cooperate with related regulatory bodies in, inspecting and handling violations in accordance with law.
4. In internal waters, territorial waters and contiguous zones, customs authorities shall cooperate with one another in conducting patrol and control activities to prevent smuggling and illegal cross-border transportation of goods, apply measures to prevent and handle violations according to their competence in internal waters and territorial waters in accordance with the Law on Sea Areas of Vietnam.
5. People’s Committees shall direct the cooperation among customs authorities and other related regulatory bodies in localities in performing the task of tackling smuggling and illegal cross-border transportation of goods.
6. The Government shall provide guidance on customs control measures and responsibility to cooperate with customs authorities in tackling smuggling and illegal cross- border trafficking of goods.
Article 89. Competence of customs authorities for the application of measures to tackle smuggling and illegal cross-border trafficking of goods
1. Organize forces, set up databases, apply necessary customs control measures, collect customs operation-related information at home and abroad so as to actively tackle smuggling and illegal cross-border trafficking n of goods, and serve customs clearance for goods and post-customs clearance inspection; cooperate with related agencies in keeping secret providers of information on cases of smuggling and illegal cross- border trafficking of goods in accordance with law.
2. Conduct customs control of goods and vehicle; to take charge, and cooperate with related regulatory bodies in, carrying out activities of tackling smuggling and illegal cross-border trafficking of goods within customs areas.
When conducting customs control of goods and vehicle in customs areas, customs authorities may apply patrol, investigation and verification or other professional measures in accordance, with this Law and the laws on handling of administrative violations, criminal procedure and organization of criminal investigations.
3. Request related agencies, entities to provide information and materials to serve inspection, supervision and verification of acts of smuggling and illegal cross-border trafficking of goods.
4. Request postal and express mail service providers to open postal parcels and goods exported or imported by mail or via express mail service for inspection when there are reasonable grounds that such postal parcels and goods contain materials and items related to smuggling and illegal cross-border trafficking of goods.
5. Use banners, flashlights, flares, whistles and loudspeakers; to use weapons and supporting tools in accordance with the law on management and use of weapons, explosives and supporting tools.
6. Apart from customs areas, customs authorities shall coordinate and conduct customs control activities to tackle smuggling and illegal cross-border trafficking of goods in accordance with law.
Article 90. Competence of customs authorities and customs officials in handling smuggling and illegal cross-border trafficking of goods
1. Handle administrative violations, apply preventive measures and ensure the handling of administrative violations in accordance with the law on handling of administrative violations.
In case they have reasonable grounds that there are acts of smuggling or illegal cross- border transportation of goods, heads of Customs Sub-Departments, heads of control squads under Customs Departments, heads of anti-smuggling control squads and marine control flotillas under the Anti-Smuggling Investigation Department are competent to halt vehicle, temporarily hold people in custody and escort violators in accordance with the Law on Handling of Administrative Violations.
2. When detecting acts of violation of the law on customs which are serious enough to be examined for penal liability, customs authorities and officers competent to initiate criminal cases and lawsuits against the accused shall conduct investigation activities in compliance with the laws on criminal procedure and organization of criminal investigation.
3. When carrying out activities prescribed in this Article, customs authorities and customs officials shall be held responsible before law for their decisions.
Article 91. Rights and obligations of related entities in the tackling smuggling and illegal cross-border trafficking of goods
1. In the tackling smuggling and illegal cross-border trafficking of goods, related entities have the rights to:
a/ Provide information, documents, materials and evidence relating to cases of violation to customs authorities; request customs authorities to solicit expert examination to protect their rights and lawful interests;
b/ Have their privacy and life protected and enjoy preferential treatment as provided by law when providing information, reporting or denouncing smuggling or illegal cross-border trafficking of goods.
2. In the tackling smuggling and illegal cross-border trafficking of goods, related entities have the obligations:
a/ Drivers and people on board vehicles shall obey orders to stop their vehicle, to be searched and produce papers, documents and materials at the request of customs officials. Vehicle operators shall provide diagrams of cargo holds and instructions or open places where goods are doubtfully hidden on vehicles for search by customs officials;
b/ Credit institutions and insurance businesses shall provide documents and materials related to payment and insurance transactions at the request of customs authorities to serve investigation, verification and handling of acts of smuggling or illegal cross-border trafficking of goods;
c/ Entities related to imported, exported or transited goods, vehicles on entry or exit or in transit shall provide related information, documents and materials to serve investigation, verification and handling of acts of smuggling or illegal cross-border trafficking of goods; and be present at customs authorities to explain questionable issues as requested;
Article 92. Furnishing and use of technical equipment and means to serve the tackling smuggling and illegal cross-border trafficking of goods
1. Customs authorities and customs officials shall be furnished with and use professional technical means, weapons, supporting tools, banners, flares, flashlights, observative and screening devices, biochemical technologies, mechanical equipment, electric and electronic equipment and other devices as prescribed to perform the task of tackling smuggling and illegal cross-border transportation of goods. The furnishing and use of weapons and supporting tools comply with the law on management and use of weapons, explosives and supporting tools.
2. In case of necessity, customs authorities and customs officials that directly perform the task of tackling smuggling and illegal cross-border trafficking of goods may request agencies, entities to coordinate forces and provide means and information. If causing damage to provided means, customs authorities shall pay compensation in accordance with law.
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Luật Hải quan 2014 (Bản Word)
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