Directive No. 1-TTg on urgent measures to improve the management of import-export services and the circulation of goods in the domestic market

DIRECTIVE

ON SOME EMERGENCY MEASURES TO STRENGTHEN MANAGEMENT OF EXPORT-IMPORT SERVICES AND DOMESTIC COMMODITY CIRCULATION

The situation of smuggling, especially cross-border smuggling, is developing seriously, having negative impacts on many aspects: economy - society - security and defense. The main cause of this situation is that some sectors and levels have relaxed management, some localities have violated central regulations, and some functional sectors and localities have implemented export-import services not in accordance with current regulations without seeking higher-level guidance.

To promptly strengthen the management of export-import activities, prevent smuggling, protect domestic production, and expand legitimate commodity circulation within the country, establish order and discipline in the market, the Prime Minister issues the following directive:

1. In the short term, the Ministry of Commerce, together with relevant sectors, shall review and promptly announce the list of goods temporarily suspended from importation as mentioned at the meeting of sector heads and chairmen of people's committees of key provinces and cities on September 11, 1992. All sectors, levels, organizations, and individuals engaged in business must strictly comply with the relevant regulations concerning the list of goods temporarily suspended from importation. The Ministry of Commerce shall take the lead, closely coordinate with the State Planning Committee, and work with relevant ministries and sectors managing production and circulation to constantly grasp supply-demand dynamics, adjust the list of goods temporarily suspended from export-import according to each market at different times, organize commodity circulation to ensure major economic balances, protect domestic production, and simultaneously implement resolute measures against speculation, smuggling, market disruption, and price manipulation.

2. Services for proxy import, temporary import for re-export, transit, and transshipment of goods can only be carried out when the foreign government requests our government to provide such services through necessary documents signed by both governments and organized with appropriate management measures. The Ministry of Commerce, together with the Ministry of Foreign Affairs, shall review and supplement current regulations regarding these matters in relation to foreign countries.

3. For automobiles and two-wheeled motorcycles within the scope of proxy import, temporary import for re-export, transshipment, and transit that have been brought into the country but were suspended according to telegraph number 189 dated August 13, 1992, and the conclusions of the meeting on August 31, 1992, the Ministry of Home Affairs shall take the lead, coordinate with the General Customs Department, the Ministry of Finance, and provincial and municipal people's committees to organize continued tracing, collecting, and verifying records to handle them as follows:

- For vehicles whose owners are missing, since the issuance of telegram number 189 until now, if the vehicle owners have not reported to the police and submitted records, they will be considered as smuggled imports and confiscated.

- For vehicles where the consignor is a legitimate business entity with a permit from the Ministry of Commerce, they should be urgently released, granted import permits within quotas, and allowed to pay import duties for domestic consumption. Permission for re-exporting these vehicles must be sought from the Prime Minister on a case-by-case basis. If the vehicles belong to foreign owners, they should be released quickly, transit fees recovered, and conditions created for businesses to return the vehicles to their owners.

- For vehicles of non-legitimate business entities that still have permits from the Ministry of Commerce to carry out the aforementioned export-import services, even if the goods records are valid, depending on the degree of violation, the business entities, issuing agencies, and individuals must be dealt with according to current laws. If the permits were not issued by the Ministry of Commerce, these vehicles of non-legitimate business entities will be treated as smuggled imports.

- Vehicles imported illegally through any means and those deemed as smuggled imports must be confiscated; during this period, they will be entrusted to the National Reserve Corporation for storage; agencies and individuals involved in falsifying records must be prosecuted under the law.

- For vehicles requiring further classification, the Ministry of Home Affairs, together with provincial and municipal people's committees, shall decide on locations and organize collection, temporary storage, ensuring original condition while awaiting verification and handling.

4. For other goods outside automobiles and motorcycles that have been brought into the country through proxy import, temporary import for re-export, transit, and transshipment not in accordance with the provisions of Clause 2 of this Directive, similar handling measures as in Clause 3 of this Directive shall be applied. In cases with complex circumstances exceeding authority, they shall be referred to the Prime Minister for guidance.

5. The Ministry of Finance shall take the lead in the Handling Council, which includes representatives from the Ministries of Home Affairs, Commerce, the General Customs Department, and market management agencies, to examine and handle cases as stipulated in Clauses 3 and 4 of this Directive.

The Council shall determine the handling content, provide guidance, and closely coordinate with provincial and municipal people's committees to ensure completion of the handling of these cases in October 1992.

6. Commodity exchange across borders through other forms shall continue to follow the current regulations of the Council of Ministers. Relevant sectors and localities, particularly border provinces, must rectify organization and implementation, and strengthen strict management and control. Apart from prohibited goods and temporarily suspended export-import goods across borders, the Ministry of Commerce shall guide relevant sectors and provincial people's committees to promote exports of goods we need to export and import goods we need from border markets with higher efficiency than from other markets. If necessary, border provincial people's committees and relevant agencies shall set up inter-sector inspection stations at several points along border entry-exit routes and form some mobile inspection teams on railway, road, and sea routes to prevent cross-border smuggling.

The Ministry of Finance and the General Department of Customs shall closely cooperate to strictly enforce tax collection as prescribed by Law and guide the People's Committees of provinces and cities to direct the thorough collection of taxes according to current regulations; strictly prohibit arbitrary fee collection in various sectors and localities, severely punish all acts of harassment, abuse of power, and corruption among inspection and tax collection forces.

7. For cross-border trade, transit, and transshipment of goods through borders with existing agreements between the two governments, regular and strict inspections must be conducted; if non-compliance with regulations is found, severe measures must be taken.

As for motor vehicles and motorcycles currently often referred to as temporarily imported for re-export across the southwestern and western borders, such activities may only be applied within the limit for official purposes and transporting business personnel, must enter and exit Vietnam through the same border gate, under the same foreign owner, and stay in Vietnam for a period strictly defined by the border customs office.

Inspection forces that discover these means of transport circulating in Vietnam beyond the prescribed time limit, having changed ownership to Vietnamese citizens, and registered with Vietnamese license plates shall proceed with necessary procedures to confiscate them; the registration offices and circulation authorities must directly bear legal responsibility.

8. The Ministry of Finance, in collaboration with the Ministry of Trade, shall instruct the People's Committees of provinces and cities to immediately implement measures to inspect and recover import duties on smuggled goods; for goods subject to temporary import suspension currently circulating in the domestic market, they must be registered and monitored by tax authorities until sold out.

The Ministry of Finance shall enforce requirements for large traders, especially those dealing in imported goods, to maintain accounting records as prescribed by the Ordinance; firmly collect or recover import duties, turnover taxes, profit taxes, etc., according to the law from all traders. At the same time, uniform procedures, documents, and invoices accompanying goods during transportation and circulation in the domestic market should be established, consistent with management requirements for each type of goods (imported, domestically produced, wholesale, retail, etc.).

Market inspection forces must rigorously check compliance with the law by traders, including the use of state-owned means of transport by state agencies and state-owned enterprises to carry contraband goods; resolutely combat smuggling, tax evasion, counterfeit goods trading, and speculative practices disrupting the market. All violations of the law in business operations must be dealt with severely.

Relevant departments responsible for market supervision, primarily Customs, Taxation, Commerce, Economic Police, and Market Management, must work together with the People's Committees of provinces and cities to rectify their staff at both central and local levels, fulfill their functions, and take responsibility before the Government in the fight against smuggling and market regulation.

Individuals, regardless of their positions, who have committed violations, once the extent of the violation is verified, must be dealt with severely, dismissed from their posts, demoted, or prosecuted before the court.

Upon receipt of this Directive, Ministers, Heads of other government agencies, and Chairmen of Provincial and Municipal People's Committees directly under the Central Government must review and evaluate their responsibilities, and develop plans to strictly implement it.

The Ministry of Finance shall urge and inspect the implementation in relevant sectors and levels, promptly identify and report to the Prime Minister organizations and individuals failing to strictly comply with this Directive.