Chapter V
ADMINISTRATIVE VIOLATION-SANCTIONING PROCEDURES
Article 30.- Stopping administrative violations
Upon detecting administrative violations, the persons with sanctioning competence must issue decisions to immediately stop such violation acts. The stoppage decisions can be made in writing or expressed in words, whistle, signals or other forms, depending on each specific violation case.
Article 31.- Simple procedures
Where the sanctioning form of caution or fine of up to VND 100,000, the sanctioning procedures shall comply with the provisions in Article 54 of the Ordinance on Handling of Administrative Violations.
Article 32.- Making records on administrative violations
For administrative violations in the customs domain which do not fall into the cases prescribed in Article 31 of this Decree, the persons with sanctioning competence must promptly make records thereon according to regulations. If the record makers have no sanctioning competence, the persons having the sanctioning competence must sign their names in the records; in case of necessity, verification shall be made before signing the records.
Forms and contents of, and order of making, the records shall comply with the provisions in Article 55 of the Ordinance on Handling of Administrative Violations.
Article 33.- Sanctioning decisions
The forms and contents of, the order and procedures for promulgating, decisions to sanction administrative violations in the customs domain shall comply with the provisions in Article 56 of the Ordinance on Handling of Administrative Violations.
Article 34.- Handling of cases where import goods are not cleared from customs procedures within the prescribed time limits or are compelled to be taken out of the Vietnamese territory or re-exported
1. If past 90 days counting from the date the goods arrive at the unloading border-gates nobody comes to carry out the customs procedures, the competent persons defined in Clause 2, 3 and 4 of Article 22 of this Decree must announce such on the mass media or publicize it at customs offices. Within 180 days counting from the date of such announcement, if nobody comes to carry out the customs procedures, the competent persons defined in Clauses 2, 3 and 4 of Article 22 of this Decree must issue decisions to confiscate or destroy the violation material evidences according to regulations.
2. Where the owners of violation material evidences or means cannot be identified, the competent persons defined in Clauses 2, 3 and 4 of Article 22 of this Decree must announce such on the mass media and publicize it at customs offices. If after 30 days counting from the date of such announcement nobody comes to claim them, the competent persons defined in Clauses 2, 3 and 4 of Article 22 of this Decree must issue decisions to confiscate or destroy the violation material evidences or means according to regulations.
3. Goods imported at variance with permits, contracts, bills of lading or brief declarations, which are disclaimed by good consignees, shall be handled according to the provisions in Clause 2 of this Article.
4. The competent persons defined in Clause 3 and 4 of Article 22 of this Decree must notify responsible individuals or organizations of the cases where, according to regulations, goods must be re-exported or taken out of the Vietnamese territory. If past 30 days counting from the date of receiving the notification of the customs offices, the goods are not yet re-exported nor taken out of the Vietnamese territory, the competent persons defined in Clauses 3 and 4 of Article 22 of this Decree must issue decisions to confiscate or destroy the violation material evidences according to regulations, except for cases of having plausible reasons.
Article 35.- Procedures for confiscating and handling material evidences and means of administrative violations
1. When applying the form of confiscation of material evidences and/or means of administrative violations in the customs domain, the persons with sanctioning competence, defined in Clauses 2, 3 and 4 of Article 22 of this Decree must strictly comply with the confiscation procedures prescribed in Article 60 of the Ordinance on Handling of Administrative Violations.
2. Persons issuing confiscation decisions shall have to preserve and classify the violation material evidences and means for transferring them to the district-level finance agencies or the provincial/municipal auction service centers according to the provisions in Clause 1, Article 61 of the Ordinance on Handling of Administrative Violations and Articles 32, 33 and 34 of the Government’s Decree No. 134/2003/ND-CP of November 14, 2003 detailing the implementation of a number of articles of the 2002 Ordinance on Handling of Administrative Violations.
3. The confiscated material evidences and/or means of administrative violations, which are harmful cultural products, fake goods with no use value or goods harmful to human health, domestic animals and/or crops, shall be destroyed according to the provisions in Article 21 of the Ordinance on Handling of Administrative Violations.
4. Violation material evidences, which are easy-to-decay goods, shall be handled according to the provisions in Clause 3, Article 61 of the Ordinance on Handling of Administrative Violations.
Article 36.- Execution of sanctioning decisions and postponing the execution of fining decisions
1. Individuals and organizations sanctioned for administrative violations must execute the decisions on sanctioning such administrative violations within 10 days counting from the date of receiving the sanctioning decisions. The payment of fines shall comply with the provisions in Article 58 of the Ordinance on Handling of Administrative Violations.
2. Individuals and organizations that have received the administrative violation- sanctioning decisions but failed to voluntarily execute them shall be coerced to execute them according to regulations.
3. The postponement of execution of fining decisions shall comply with the provisions in Article 65 of the Ordinance on Handling of Administrative Violations.
Article 37.- Measures to coerce the execution of sanctioning decisions
1. The coercive execution of administrative violation-sanctioning decisions shall comply with the following measures:
a) Deducting part of wages or incomes, deducting money from bank accounts;
b) Distraining assets with value equivalent to the fine amounts for auction;
c) Suspending the customs procedures for export/import goods, exit, entry or transit means of transport till the sanctioning decisions are completely served.
d) Other coercive measures prescribed at Point c, Clause 1, Article 66 of the Ordinance on Handling of Administrative Violations, except for measures of forcible dismantlement of illegally-constructed works.
2. Before applying the coercive measures prescribed at Points b and d of Clause 1 of this Article, the customs offices must notify such in writing to the presidents of the People’s Committees of the wards, communes or district townships where the coercion shall be applied for implementation coordination.
3. Only the persons defined in Article 67 of the Ordinance on Handling of Administrative Violations can issue coercion decisions and have the task to organize the coercive execution of sanctioning decisions.
4. When requested by customs offices, the management or business units having individuals or organizations that are forced to execute sanctioning decisions shall have to comply with the provisions at Point a of Clause 1 of this Article.
5. The finance bodies, banks, police, border guards and the local administrations at all levels shall have to coordinate with one another for the execution of coercion decisions of customs offices.
6. The coerced individuals and organizations must bear all expenses for the organization of execution of coercive measures.
Tìm kiếm
Nghị định 138/2004/NĐ-CP xử phạt vi phạm hành chính trong hải quan (Bản Word)