Decision No. 100 TC/QLCS promulgating the "Regulation on Management and Disposal of Assets when there is a Decision to Confiscate and Transfer to the State Treasury and Establish State Ownership Rights"

NOTICE

OFFICE OF THE GOVERNMENT DOCUMENT NO. 117/1997/TB-TTg DATED OCTOBER 1, 1997 OPINION OF DEPUTY PRIME MINISTER NGUYEN TAN DUI ON THE SITUATION OF IMPLEMENTING DIRECTIVE 853/1997/CT-TTG AND HANDLING SEIZED GOODS IN HO CHI MINH CITY

On October 27, 1997, Deputy Prime Minister Nguyen Tan Dung met with representatives from the Ministries of Home Affairs, Finance, Trade, the Office of the Government, General Department of Customs, Ho Chi Minh City People's Committee, and Sai Gon Port to hear reports on the implementation of Directive 853/1997/CT-TTG dated October 11, 1997 of the Prime Minister and the handling of smuggled goods seized in Ho Chi Minh City.

After listening to the report from the Director-General of the General Department of Customs and the opinions of the attendees, Deputy Prime Minister Nguyen Tan Dung made the following concluding remarks:

1. In recent years, smuggling and commercial fraud have been very complex and serious throughout the country, causing significant economic and social consequences. To prevent and curb this situation, the Politburo and the Prime Minister decided to concentrate efforts and implement resolute measures as stipulated in Resolution 85/CP dated July 11, 1997 of the Government and Directive 853/1997/CT-TTG of the Prime Minister.

After a short period of implementing the Resolution and Directive, relevant ministries and localities have achieved some initial results that serve as a deterrent and educational tool. It is required that relevant ministries, sectors, and provincial people's committees continue to focus their efforts on implementation.

However, the implementation by some ministries, sectors, and localities has been slow, and they have not proposed specific effective solutions. The process of implementation has also encountered some difficulties that need to be promptly addressed. The General Department of Customs, in collaboration with the Ministries of Home Affairs, Finance, and Trade, must submit a detailed report on the implementation of the Resolution and Directive, as well as issues requiring resolution regarding mechanisms and policies, to the Prime Minister before November 15, 1997.

2. Regarding the handling of seized goods in Ho Chi Minh City:

At Sai Gon Port and other areas with warehouses in Ho Chi Minh City, there is still a considerable amount of goods that have been confiscated by customs and other competent authorities but have not yet been sold to the state treasury. If this delay is not resolved, it will result in significant waste and damage to state assets. The main reason is poor coordination among functional agencies and each agency failing to fulfill its responsibilities.

It is required that the Ho Chi Minh City People's Committee, the Ministries of Finance and Trade, the General Department of Customs, and related agencies strictly implement Decree 86/CP dated December 19, 1996 of the Government and Decision 100 TC/QLCS dated January 23, 1997 of the Ministry of Finance. Within five days of issuing a confiscation decision, the customs authority and market management authority must transfer all files to the finance authority for processing; the finance authority must take the initiative in handling the matter, immediately after receiving the transferred files from the customs and market management authorities, complete all procedures for acceptance and organize public auction according to current regulations, aiming to quickly release the goods. All economic entities are eligible to participate in the auction and will be awarded based on the auction results and publicly announced. For goods without bidders, the Ministry of Finance will chair the valuation committee to determine the floor price for sale.

From now on, the handling of goods seized due to smuggling and commercial fraud shall follow the above principles. If any ministry, sector, agency, or locality fails to comply, resulting in goods being stored for long periods and deteriorating or becoming damaged, the heads of those ministries, sectors, agencies, and the Chairmen of provincial people's committees directly under the central government will be held responsible before the Prime Minister. Specifically, for goods already confiscated and currently stored in warehouses in Ho Chi Minh City and elsewhere, the Ministry of Finance, General Department of Customs, Ho Chi Minh City People's Committee, and related agencies must complete the handling before December 30, 1997.

During the implementation of anti-smuggling and anti-commercial fraud tasks, relevant ministries, sectors, and local governments must thoroughly understand the law, handle cases according to their nature, and avoid arbitrarily increasing or reducing penalties to benefit or harm businesses. While combating smuggling and commercial fraud, they must not create undue difficulties or inconvenience affecting normal business operations but instead create a healthy legal environment for production and business activities. Proactively prevent negative behaviors in the fight against smuggling and commercial fraud.

The Office of the Government informs relevant ministries, sectors, and provincial people's committees directly under the central government of this information for their knowledge and implementation.