Directive No. 09/2003/CT-BBCVT on Strengthening Efforts to Combat Smuggling and Commercial Fraud in the Postal, Telecommunications, and Information Technology Sectors.

DIRECTIVE

OF THE MINISTER OF POSTS AND TELECOMMUNICATIONS

On Strengthening Efforts to Combat Smuggling and Commercial Fraud

In the Postal, Telecommunications, and Information Technology Sectors.

In recent years, the Party and State have consistently directed all levels and sectors to strengthen efforts to combat smuggling and commercial fraud. The Government has issued Resolution No. 85/CP dated July 11, 1997, proposing urgent measures against smuggling; the Prime Minister has issued Directive No. 853/1997/CT-TTg dated October 11, 1997, on combating smuggling in new circumstances. The Ministry of Posts and Telecommunications (previously the General Post Office Administration) has also issued many regulatory legal documents to perfect legal provisions within the system of state management documents concerning postal services, telecommunications, and information technology, aiming to enhance the effectiveness of state management by the Ministry of Posts and Telecommunications. As a result, there have been practical effects in preventing acts of smuggling and commercial fraud related to postal services, telecommunications, and information technology.

However, recently, some organizations and individuals still take advantage of postal, telecommunications, and internet activities to commit acts of smuggling and commercial fraud with various methods such as recycling invoices, using photocopied invoices, falsely declaring quantities and types of goods; taking advantage of non-commercial import forms without customs declaration or false declaration to evade inspection and control for illegal importation of goods; transferring money illegally through postal items and parcels; disassembling parts of electronic devices, computers, mobile phones to smuggle them tax-free; transferring international telephone traffic illegally in various forms into Vietnam. In particular, some officials and employees in the sector have taken advantage of their positions and professions to engage in smuggling or assist in smuggling activities. This situation has caused harmful economic and social consequences and had negative impacts on the normal operations of the business environment in postal services, telecommunications, and information technology.

To continue strengthening efforts to combat smuggling and commercial fraud in new circumstances, maintaining legal discipline, and enhancing the effectiveness of state management in the postal, telecommunications, and information technology sectors, the Minister of Posts and Telecommunications requests the heads of agencies and units under the Ministry and postal, telecommunications, and information technology enterprises to promptly implement the following important tasks:

1- Strengthen efforts to combat smuggling and commercial fraud in postal service provision and letter delivery activities to timely prevent acts of smuggling, tax evasion, and commercial fraud through postal channels. To effectively carry out this work, it is necessary to immediately organize and implement the following key tasks:

a) The Postal Services Department continues to focus on directing and guiding postal enterprises and letter delivery service businesses to strictly implement Circular Joint No. 05/TTLT-TCBĐ-BNV-BTC-BTM dated July 26, 1997, between the General Post Office Administration, the Ministry of Home Affairs, the Ministry of Finance, and the Ministry of Trade on guiding the inspection and handling of violations concerning goods traded via domestic postal services, and Circular No. 06/1998/TTLT-TCBĐ-TCHQ dated December 11, 1998, between the General Post Office Administration and the General Customs Department on procedures for customs clearance for postal items, parcels, articles, and exported and imported goods sent through postal services and express delivery services. During the process of directing and guiding enterprises, if necessary, timely research and supplement or amend relevant documents to suit new circumstances.

b) The Ministry Inspectorate and the Inspectorates of Regional Postal, Telecommunications, and Information Technology Departments increase inspections of compliance with procedural regulations for postal enterprises and letter delivery service businesses as stipulated by law.

c) Enterprises operating postal services and letter delivery services (Vietnam Post and Telecommunications Corporation, Saigon Post and Telecommunications Joint Stock Company, Military Electronics and Telecommunications Corporation...) continue to direct and strengthen management in transportation and operational processes, strictly organizing checks on procedures and legitimate invoices and certificates regarding the origin of goods when accepting domestic postal items and parcels, fully completing procedures for postal items, parcels, articles, and exported and imported goods to detect and prevent smuggling through postal channels in a timely manner. Organize training and professional knowledge enhancement for the staff under their management to thoroughly understand and strictly comply with procedural regulations, enhancing responsibility and vigilance to avoid being exploited or engaging in smuggling and commercial fraud for personal gain.

2- Strengthen inspection, supervision, and timely prevention of acts of stealing international telecommunication charges by organizations and individuals with specific measures as follows:

a) The Ministry Inspectorate takes the lead and closely coordinates with central and local police agencies in investigation work to detect and prevent, and promptly handle cases of international telecommunication charge theft; serves as the focal point for monitoring, guiding regional Postal, Telecommunications, and Information Technology Inspectorates to cooperate with local administrative management agencies actively inspecting and handling illegal transfers of telecommunication traffic in all forms, especially through private leased lines, VSAT satellite stations, and the Internet.

b) The Regional Postal, Telecommunications, and Information Technology Departments shall closely coordinate with the Radio Frequency Management Department and telecommunications enterprises to strengthen inspections and supervision within their respective jurisdictions, particularly focusing on border provinces to check the management and use of radio frequency transmitting equipment in order to promptly detect and prevent large-scale telecommunication traffic diversion across borders.

c) Telecommunications enterprises shall continue implementing Directive No. 03/2000/CT-TCBĐ dated April 10, 2000, and Circular No. 307/TCBĐ-TTr dated March 28, 2001, of the General Post Office on preventing illegal international telecommunications service operations; they must enhance guidance and strict monitoring in operational stages, reviewing traffic volumes, and identifying emerging issues indicative of international telecommunications fraud to cooperate with relevant state agencies for timely prevention and handling. They should heighten vigilance and not allow local business interests to create loopholes exploited by wrongdoers through services and networks under their management and operation.

3- In combating smuggling and commercial fraud involving second-hand computers and terminal telecommunications equipment, especially illegally imported mobile phones which are currently quite prevalent, in accordance with the spirit of Directive 127/TW, departments and units under the Ministry must organize and implement the following tasks effectively:

a) The Regional Postal, Telecommunications, and Information Technology Departments shall directly coordinate with the Provincial Steering Committee 127 within their jurisdiction to participate in formulating specific implementation plans for inter-departmental inspection teams. They should allocate inspectors (or Telecommunications Business Management Division staff) to join the inter-departmental inspection teams established by the provinces and cities. Inspect the labeling of goods for mobile phones included in the list of imported subscriber terminal equipment as stipulated in the Domestic Goods Labeling Regulations and Export and Import Goods Labeling Regulations pursuant to Decision No. 178/1999/QĐ-TTg dated August 30, 1999, of the Prime Minister; Circular No. 03/2000/TT-TCBĐ dated July 26, 2000; Circular No. 05/2000/TT-TCBĐ dated September 11, 2000; Circular No. 02/2001/TT-TCBĐ dated April 25, 2001; and Circular No. 03/2001/TT-TCBĐ dated May 22, 2001, of the General Post Office, to help limit smuggling and commercial fraud.

b) The Quality Management Department for Postal, Telecommunications, and Information Technology shall take the lead, with the Science and Technology Department coordinating urgently to research and propose appropriate standard labels for domestically produced and imported telecommunications terminal devices to enhance state management over standards, quality, and consumer protection.

c) The Science and Technology Department, the Information Technology Industry Department, the Quality Management Department for Postal, Telecommunications, and Information Technology, and related units, based on their assigned functions and responsibilities, shall review and evaluate relevant technical quality standards for computers; supplement, amend, and develop new technical standards for computers as a legal basis for managing the quality of computers circulating in the market, contributing to preventing illegal business operations and commercial fraud, while protecting consumer rights.

d) The Information Technology Industry Department shall take the lead, with the Science and Technology Department participating to collaborate in researching and proposing development plans for industrial production in postal, telecommunications, electronics, and information technology sectors.

đ) The Information Technology Industry Department shall take the lead, with the Planning and Finance Department coordinating to work with relevant functional agencies of related ministries and sectors to study and propose tax policies for information technology products (components, component assemblies, and spare parts for computer, electronic, and mobile phone equipment) that are suitable to stimulate domestic production.

e) The Ministry Inspectorate shall serve as the liaison with the Steering Committee 127/TW; it shall be responsible for monitoring, summarizing, and regularly reporting to the Minister and the Steering Committee 127/TW on the situation and results of inspections and checks on smuggled computers and mobile phones.

g) Telecommunications, postal, and information technology enterprises engaged in selling mobile phones must comply strictly with legal regulations regarding business registration procedures, invoices, certificates, and import origins of mobile phone equipment to avoid legal violations.

4- Efforts to combat illegal operations of Internet Telephony services and public telephone services, which are currently developing quite complexly and adversely affecting the healthy business environment of enterprises, require immediate measures to focus on implementing the following tasks:

a) The Telecommunications Department shall take the lead in collaborating with related units to research and propose operational and technical measures to curb illegal operations of Internet Telephony and public telephone services.

b) The Ministry Inspectorate shall coordinate with the competent agencies of the Ministry of Public Security, the General Customs Department, and Market Management to take measures to inspect, supervise, and handle administrative violations of large-scale organized illegal operations of Internet Telephony services, with particular attention to key areas such as Hanoi and Ho Chi Minh City.

c) The Science and Technology Department shall take the lead, with the Quality Management Department for Postal, Telecommunications, and Information Technology coordinating to research and propose measures to manage the quality of billing terminals at public telephone points and telecommunications service agents.

d) Internet enterprises that have been licensed by the Posts and Telecommunications Ministry shall effectively implement Internet telephone services, enhance their advertising and marketing efforts to ensure customers fully understand the services currently provided on the market, and apply appropriate technical and operational measures to limit illegal Internet telephone service operations.

5- The Vietnam Post and Telecommunications Information Center shall take the lead and coordinate with the Legal Affairs Department and relevant units both within and outside the sector to intensify the dissemination and introduction of postal, telecommunications, and information technology regulatory documents through mass media and the Internet, thereby enhancing public legal awareness and compliance, contributing to strengthening and ensuring legal order, and effectively preventing violations of postal, telecommunications, and information technology laws.

6- During inspection and supervision processes, when discovering smuggling and commercial fraud under the management of the Posts and Telecommunications Ministry, relevant agencies and units must promptly address the issues and apply preventive measures or transfer case files to law enforcement agencies for strict handling according to the law.

Require enterprises to appropriately discipline employees who directly engage in or assist in smuggling and commercial fraud. Timely commend and encourage organizations and individuals with outstanding achievements in combating smuggling and commercial fraud.

Combating smuggling and commercial fraud is a very important, ongoing, continuous, and long-term task for all levels and sectors. Therefore, heads of agencies and units under the Posts and Telecommunications Ministry and General Directors and Directors of postal, telecommunications, and information technology enterprises must clearly recognize this and strictly and effectively implement this Directive./.