Joint Circular No. 08/TTLN guiding the handling of illegal importation and sale of foreign-made cigarette sticks.

JOINT CIRCULAR

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Joint Circular No. 08/TTLN dated September 18, 1990 guiding the handling of illegal importation and sale of foreign-made cigarettes,

foreign-made cigarettes

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To effectively implement Directive No. 278-CT dated August 3, 1990 of the Chairman of the Council of Ministers on prohibiting the importation and circulation of foreign-made cigarettes in the domestic market, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, and the Ministry of Interior hereby jointly guide as follows:

1. The Public Security organs, Procuratorates, and Courts need to closely coordinate with other agencies such as Customs, Commerce, Market Management... to strictly enforce the Chairman of the Council of Ministers' Directive on prohibiting the importation and circulation of foreign-made cigarettes in the domestic market; resolutely and severely prosecute and promptly try those who seriously violate the prohibition on importing and circulating foreign-made cigarettes in the domestic market.

2. According to the Chairman of the Council of Ministers' Directive, the strict ban on importing foreign-made cigarettes was implemented from August 3, 1990; therefore, except for cases permitted by the Ministry of Commerce, all acts of importing foreign-made cigarettes by any agency, organization, or individual through any form and route (road, rail, waterway, air, international postal service) are considered illegal imports and will be handled according to the law. If such acts of illegally importing foreign-made cigarettes are criminally prosecuted, they will be convicted under Article 97 of the Criminal Code for smuggling or illegally transporting goods across borders.

3. The quantity of foreign-made cigarettes previously permitted for import and loaded onto transport vehicles by August 3, 1990 can still be imported and circulated until September 30, 1990; importing this quantity of cigarettes after September 30, 1990 will be considered illegal importation, and if criminally prosecuted, the offenders will be convicted under Article 97 of the Criminal Code for smuggling or illegally transporting goods across borders.

4. According to Point 2 of the Chairman of the Council of Ministers' Directive, starting from October 1, 1990, the complete ban on circulating and consuming foreign-made cigarettes in the domestic market will be enforced; therefore, from October 1, 1990 onwards, all acts of selling foreign-made cigarettes within the national territory will be considered violations of the law, and if criminally prosecuted, the offenders will be convicted under Article 166 of the Criminal Code for trading in prohibited goods.

5. Due to the ban on importing foreign-made cigarettes, since August 3, 1990, foreign-made cigarettes have been considered scarce items in the domestic market; thus, during the period from August 3, 1990 to September 30, 1990, anyone taking advantage of the scarcity to hoard foreign-made cigarettes and selling them or intending to sell them during this period for illicit profit will be considered engaging in speculation, and if criminally prosecuted, they will be convicted under Article 165 of the Criminal Code for speculation. However, if someone hoards foreign-made cigarettes during the period from August 3, 1990 to September 30, 1990 and intends to sell them after September 30, 1990 for illicit profit, it will be considered trading in prohibited goods, and if criminally prosecuted, they will be convicted under Article 166 of the Criminal Code for trading in prohibited goods.

6. This point has been replaced by Point 1 of the Inter-Ministerial Circular No. 11 dated November 20, 1990 of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Interior, and the Ministry of Justice guiding the handling of certain types of criminal offenses.

7. Officials and soldiers in the Public Security organs, Procuratorates, Courts, and Justice Departments must set a good example by complying with the Chairman of the Council of Ministers' Directive and not using foreign-made cigarettes. Officials and soldiers responsible for handling violations of laws related to the importation and circulation of foreign-made cigarettes in the domestic market who cover up violations, handle cases improperly, or take advantage of their duties to seize property, will be disciplined or criminally prosecuted depending on the severity of the violation.