VCN – To effectively implement the provisions of Law 67/2020/QH14 amending and supplementing a number of articles of the Law on Handling of Administrative Violations and related legal documents, the General Department of Customs has requested the provincial and municipal Customs Departments, the Anti-smuggling and Investigation Department, and the Post-Clearance Audit Department to actively implement the law on handling of administrative violations.
Accordingly, for the procedure for confiscating goods in case the violator cannot be identified, Clause 2, Article 65 of the Law on Handling of Administrative Violations amended and supplemented in Law 67/2020/QH14 stipulates that, in case the violator cannot be identified, the competent person shall not issue a decision on administrative sanction but issue a decision on confiscating infringing goods and means of transport if the infringing goods and means of transport are prohibited from storage or circulation or the infringing and means of transports are subject to confiscation and remedial measures by the law.
In addition, regarding the handling of seized material evidences and vehicles, Point b, Clause 4, Article 126 of the Law on Handling of Administrative Violations stipulates: In case the violator, the owner, the manager or legal users of the goods cannot be identified, the person who issue the sanction decision must notify twice on the central or local mass media where the material evidence and means are detained.
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| Customs officers of Ha Nam Ninh customs Department at work. Photo: H.Nu |
In particular, the first notice must be made within three working days from the expired date of temporary seizure of material evidences and means. The second notice shall be made within seven working days from the date of the first notice. After a year from the date of the second notice, if the violator, owner, manager or legal user does not contact the customs office to receive the goods, within five working days, the competent person must decide to confiscate material evidences and means of administrative violations.
Accordingly, for the case where the violator cannot be identified, if the violation is specified in Clause 2, Article 65 of the Law on Handling of Administrative Violations; and the infringing material evidences fall into the cases of temporary seizure according to Points a and b, Clause 1, Article 125 of the Law on Handling of Administrative Violations and in fact, the material evidences have been temporarily seized, the competent agencies or persons must follow procedures for confiscating material evidences as prescribed at Point b, Clause 4, Article 126 of the Law on Handling of Administrative Violations.
The General Department of Customs said, in practice, if there is an administrative violation, the competent authority or person can immediately identify the violation acts and crime circumstances and have grounds not to identify violators without seizure of the material evidences and means, the competent agencies or persons may issue a decision on confiscation of the material evidence as prescribed in Clause 2 of this Article 65 of Law on Handling Administrative Violations.
Regarding the handling of cases beyond the time limit for making records of administrative violations, the General Department of Customs said the time limit for making records of administrative violations shall comply with the provisions of Article 58 of the Law on Handling of Administrative Violations and Clause 2 of Article 12 of Decree 118/2021/ND-CP.
Also in Clause 8, Article 58 of the Law on Handling Administrative Violations: “A record of administrative violations must be made in accordance with the contents, form and procedures prescribed in this Law and serve as a basis for making decisions on sanctioning administrative violations.”
Accordingly, if a record of administrative violations is made but not within the time limit specified in Clause 2, Article 12 of Decree 118/2021/ND-CP; it cannot serve as a basis for issuing decisions on sanctioning administrative violations.
The General Department of Customs said that the issuance of a sanctioning decision based on the administrative violation record which is not made on time is a violation of regulations on procedures for issuing sanctioning decisions specified in Point c, Clause 1, Article 13. Of Decree 118/2021/ND-CP.
The competent person must issue a decision to cancel all sanctioning decisions for violations and may be handled according to the provisions of Decree 19/2020 /ND-CP. In this case, if there is a basis issue a new decision, the decision issuer must issue a new decision or transfer another person to issue a new decision.
 | Customs removes obstacles in sanctioning administrative violations |
The General Department of Customs requires the units to proactively review the making of administrative records after January 1, 2022 but overdue making of administrative records (if any), identify specific reasons (objective and subjective), report to the General Department (with proposed solutions) before November 15, 2022.
By Nu Bui/ Huyen Trang