Joint Circular No. 21/1999/TTLT/BTM-BCA-BGTVT-TCHQ guiding the organization and coordination in combating the transportation of contraband goods on railway routes.

JOINT CIRCULAR

Guidelines for organizing cooperation in the work

combating the transportation of contraband goods on railway routes

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Implementing Directive 853/1997/CT-TTg dated October 11, 1997 of the Prime Minister on combating smuggling and Circular No. 4104/VPCP-VI dated October 12, 1998 of the Chairman of the Government Office on implementing Directive 853/1997/CT-TTg.

The Ministry of Trade - Ministry of Transport - Ministry of Public Security - General Department of Customs provide guidance on certain aspects regarding organization and coordination in the work of combating the transportation of contraband goods on railway routes as follows:

I. GENERAL PROVISIONS

1- Ministries, sectoral agencies under ministries, functional agencies, and People's Committees at all levels where railway lines pass through shall be responsible for organizing and directing the implementation of anti-smuggling, commercial fraud, and anti-contraband transportation activities on railway lines according to their functions and powers as prescribed by law.

2- Goods transported on railway lines (including goods on trains, platforms, stations, warehouses, and cargo areas of stations) that have been accepted for carriage by railways must be accompanied by legal invoices and documents in accordance with the provisions of the law.

3- The railway sector has the responsibility to closely coordinate and create conditions for functional forces combating smuggling and commercial fraud to perform their tasks.

4- The organization and coordination of forces such as Public Security, Market Management, Customs, Forest Inspection, Taxation, and the Railway Sector on railway lines to combat smuggling and commercial fraud must not affect passengers traveling by train, individuals with legitimate goods, and the operation of the Railway Sector, and must ensure security and order on trains and at stations and areas managed by the Railway Sector, contributing to preventing illegal tickets and fares; apart from the aforementioned functional forces, no other agency or organization may conduct inspections without authorization.

5- Organizations and individuals who achieve outstanding results in combating smuggling and commercial fraud on railway lines shall be rewarded in accordance with the provisions of the law.

II- SPECIFIC GUIDELINES ON ORGANIZATION AND COORDINATION TO COMBAT CONTRABAND TRANSPORTATION ON RAILWAYS

A- ASSIGNMENT OF TERRITORIAL RESPONSIBILITY:

1- Customs shall organize the implementation of tasks or take the lead in coordinating with Public Security, Market Management, and the Railway Sector to conduct inspections and control of contraband goods at international transit station areas at border regions and domestic transit station areas at customs ports or locations for goods clearance as stipulated by Customs regulations.

2- Market Management shall take the lead and coordinate with Public Security, Customs, and the Railway Sector to conduct inspections and control of goods on railway lines including: platforms, stations, cargo areas, warehouses, and trains.

These inspection and control forces against smuggling, when discovering goods on railway lines suspected of being contraband, must proactively inspect and apply measures to prevent violations, while simultaneously notifying the responsible force to cooperate in performing the task as prescribed and must bear responsibility for organizing inspections and controls.

3- Provincial People's Committees directly under the Central Government where there are stations and railway lines passing through shall be responsible for directing functional forces to coordinate in conducting inspections, controls, and handling violations in accordance with the provisions of the law.

4- The Railway Sector shall direct stations to create favorable conditions for coordinated forces to perform anti-smuggling and commercial fraud activities on railway lines.

B- CERTAIN PROVISIONS ON INSPECTION AND CONTROL TO IDENTIFY CONTRABAND GOODS TRANSPORTED ON RAILWAY LINES

1- Inspection of goods transport documents

1.1- For goods transported in the area of international transit stations at border regions.

a) In cases of imported goods under trade contracts, they must have all required documents as specified in Part II, Section B, Point 2 of Circular No. 73/TC-TCT dated October 20, 1997 issued by the Ministry of Finance guiding the invoice and document system for goods circulating in the market.

b) In cases of imported goods under informal trade without trade contracts, they must have all required documents as specified in Part II, Section B, Point 1 of Circular No. 73/TC-TCT dated October 20, 1997 issued by the Ministry of Finance. For goods purchased at border markets, they must have all required documents as specified in Point 4 of Circular No. 17/1999/TT-BTC dated February 5, 1999 issued by the Ministry of Finance.

c) In cases of goods that are gifts, presents, or luggage of persons entering Vietnam by rail, they must have all required documents as specified in Part II, Section B, Points 4 and 5 of Circular No. 73/TC-TCT dated October 20, 1997 issued by the Ministry of Finance.

1.2- For goods transported on railway lines within the country:

Goods circulating in the area of stations, including goods being transported on trains, on platforms, in warehouses, and in cargo areas of stations, must have all legal invoices and documents accompanying them in accordance with Circular No. 73/TC-TCT dated October 20, 1997 and Circular No. 17/1999/TT-BTC dated February 5, 1999 issued by the Ministry of Finance.

2- Inspection of goods:

2.1- For goods contracted for rail transport: The inspection and prevention of these goods can only be carried out at loading or unloading stations.

2.2- For goods not contracted for rail transport: Inspection and control can be conducted on any train and at stations designated for the train to stop for operations.

2.3- In cases where contraband goods are discovered on a moving train and it is necessary to stop the train and separate carriages for inspection and prevention, the competent anti-smuggling and commercial fraud authority, such as the Market Management Authority, Public Security, and Provincial Customs, must issue a written request to the Train Station Manager and Train Manager to cooperate in stopping the train and separating carriages for inspection; upon receiving the written request to stop the train and separate carriages for inspection, the Train Station Manager and Train Manager shall report to the competent authority of the Railway Sector to permit the train to stop and carriages to be separated for inspection.

The requesting authority shall be liable under the law for its actions if there is no violation, and must compensate for any resulting costs (if any) to the Railway Sector.

C- HANDLING VIOLATIONS:

1- All acts of smuggling, commercial fraud, transporting smuggled goods, and tax evasion on railway routes shall be handled in accordance with current laws.

2- Forces responsible for combating the transportation of contraband on railway routes may only inspect, control, and penalize violations within their authority and in accordance with the current procedures for administrative penalties. In cases of serious violations that warrant criminal liability, the case files and evidence shall be transferred to competent authorities for resolution.

3- Any act of harassment or obstruction of anti-smuggling and commercial fraud efforts concerning goods transported by rail, causing congestion in railway traffic, shall be subject to administrative handling or criminal prosecution.

III- IMPLEMENTATION

1- This Circular shall take effect fifteen days from the date of issuance.

2- The Ministries of Trade, Public Security, Transport, the General Department of Customs, and the People's Committees of provinces and centrally-administered cities where railways pass through shall be responsible for issuing guidance documents and directing forces combating smuggling and commercial fraud on railway routes based on this Circular.

3- Anti-smuggling and anti-commercial fraud forces need to coordinate to inspect and control goods transported on trains at international transit stations at borders, key stations within the country, and certain areas along the railway route where there is a high volume of contraband.

4- Any difficulties encountered during the implementation of this Circular shall be reported to the relevant ministries for research and guidance.