Fines for repatriated Vietnamese vehicles that do not meet import conditions

Fines, forced re-export or confiscation according to regulations if imported vehicles of overseas Vietnamese do not meet the requirements.

The Ministry of Finance has just proposed to the Prime Minister how to handle cases of cars and motorbikes that have arrived at Vietnamese ports but do not meet the import conditions under the regime of movable assets of repatriated overseas Vietnamese.

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To handle cases that do not meet the conditions for importing vehicles under the movable assets regime of overseas Vietnamese returning home, the Ministry of Finance has sent an official dispatch to the Ministries of Public Security, Justice, Transport and Industry and Trade.

Based on the opinions of the Ministries and to implement the provisions of the law, the Ministry of Finance proposes to the Prime Minister a plan to handle violations (fines) and force the re-export of cars and motorbikes that do not meet the import conditions under the regime of movable assets of repatriated overseas Vietnamese.

For the above re-export cases, re-export must be carried out within 30 days from the date the customs authority issues a decision to force re-export (based on the provisions of Clause 4, Article 35 of Decree No. 97/2007/ND-CP dated June 7, 2007 of the Government). In case of failure to meet the re-export conditions or failure to carry out re-export, confiscation will be handled according to regulations.

Regarding the number of vehicles currently stuck at the port, the Ministry of Finance will direct the General Department of Customs to verify and inspect each case. If there is a basis to determine smuggling, the smuggled goods will be handled according to the provisions of Clause 3, Article 45 of the Customs Law.

In the case of ownerless cars and motorbikes, according to the provisions of Clause 4, Article 45 of the Customs Law, imported goods that have been imported for more than 90 days from the date the goods arrive at the unloading gate without anyone coming to receive them, the customs authority shall publicly announce on the mass media. Within 180 days from the date of announcement, if the owner of the goods comes to receive them, import procedures can be carried out and a fine must be paid. If no one comes to receive them, the goods will be handled according to the provisions of law.

To ensure compliance with regulations and shorten processing time, the Ministry of Finance proposes to the Prime Minister a handling plan for each case.

In cases where the storage period at the port is exceeded as prescribed in Article 45 of the Customs Law (90 days), the customs authority shall publicly announce the backlog of goods on mass media. In addition, the customs authority shall directly notify the recipient in writing (sending registered mail via the delivery service with a receipt).

Within 30 days from the date of receipt of written notice from the customs authority (still within 180 days as prescribed by the Law), if the recipient does not come to the customs authority to complete the procedures, it will be considered an act of abandonment and handled according to the provisions of Clause 1, Article 45 of the Customs Law, that is, it will be sold, and the sales proceeds will be paid to the State budget after deducting the costs incurred.

Previously, according to a report by the Ministry of Finance, through the management of customs authorities on the import of cars and motorbikes under the movable property regime of Vietnamese people residing abroad who have completed procedures for permanent residence registration in Vietnam, there were signs of irregularities.

There has been a sudden increase in the number of imported cars as a form of transportation for overseas Vietnamese returning home, especially after Circular No. 20/2011/TT-BCT dated May 12, 2011 of the Ministry of Industry and Trade regulating additional procedures for importing passenger cars with 9 seats or less took effect. Specifically, in 2011 there were 164 cars, in 2012 there were 1,142 cars. Imported cars focus on cars with new production years (2011, 2012), with high value such as Porsche, Bentley, BMW.../.

According to VOV online-PH