Directive No. 19/2000/CT-TTg On Strengthening Inspection and Supervision to Combat Smuggling and Commercial Fraud at Border Gates

DIRECTIVE

ON STRENGTHENING THE WORK OF INSPECTION, SUPERVISION, AND COMBATING SMUGGLING AND COMMERCIAL FRAUD AT BORDER GATES

In recent years, competent agencies have proactively applied many measures to improve management procedures, inspection, and supervision of goods for import and export, and transportation vehicles entering and exiting at border gates and customs clearance locations outside the border gate area, aiming to strengthen anti-smuggling and commercial fraud efforts. However, in the current activities of inspection and supervision forces at border gates, there are still many overlapping and cumbersome situations that hinder import and export activities; on the other hand, there is still a tendency to rely on others and shirk responsibility, leading to lax management and allowing smuggling and commercial fraud to slip through. To rectify this situation, the Prime Minister issues the following directive:

1. The activities of inspection and supervision of goods for import and export and transportation vehicles entering and exiting at border gates by competent agencies must be strictly carried out in accordance with legal regulations; they shall not cause inconvenience or obstruction resulting in damage to organizations and individuals engaged in import and export; they must create all favorable conditions for organizations and individuals to promote import and export and circulation of goods. At the same time, customs supervisory management, investigation, anti-smuggling, and commercial fraud combating agencies must enhance their sense of duty and legal responsibility in their activities.

2. From now on, at border gates, all goods for export and import and transportation vehicles entering and exiting while still under customs inspection and supervision may only be inspected and supervised and decisions on handling measures, including initiating criminal proceedings according to the law, shall be made by customs forces. Other forces, upon discovering signs of smuggling or commercial fraud, shall immediately report to the customs agency for inspection and handling. The customs agency shall bear full responsibility if prohibited goods or smuggled goods pass through the border gate.

3. In cases where goods or transportation vehicles have completed customs procedures but have not yet been moved out of the border gate area and other competent agencies discover violations of import and export regulations or customs procedures, these agencies shall notify the customs agency, cooperate with the customs agency to re-inspect and clearly determine the responsibility of organizations and individuals for the occurrence of violations.

4. In cases where imported goods have completed customs procedures and have been moved out of the border gate area (including when they have entered inland areas) or exported goods have completed customs procedures but have not yet been exported, if other competent agencies have grounds to assert that they are smuggled goods, involve commercial fraud, or are illegally transported, then these agencies have the right to inspect and supervise but must bear legal responsibility, including liability for material damages, if their decision is incorrect.

5. In cases where goods for import and export need to be appraised, the organization responsible for appraising goods must conduct the appraisal truthfully and objectively and bear legal responsibility for the results of the appraisal. The border gate customs office shall base its handling on the results of the appraisal.

6. The Ministers of Public Security, National Defense, Science and Technology, Environment, Trade, Finance, Agriculture and Rural Development, Health, Culture and Information; the Chairman of the Government Office; the Director General of the General Customs Department; and the Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for organizing and implementing this Directive.