Laws of Vietnam

JOINT CIRCULAR No. 5-TTLT OF JULY 26, 1997 GUIDING THE INSPECTION AND HANDLING OF VIOLATIONS RELATED TO MERCHANDISE MAILED WITHIN THE COUNTRY

In order to create conditions for lawful and convenient domestic circulation of goods by mail and at the same time to prevent and handle promptly violations in this field, the General Department of Post and Telecommunications, the Ministry of the Interior, the Ministry of Finance and the Ministry of Trade hereby jointly issue this Circular guiding the inspection and handling of violations related to goods mailed within the country as follows:

I. GENERAL PROVISIONS:

1. Goods for trading (hereafter referred to as merchandise) mailed within the country in the forms of parcels and packages must be accompanied by lawful vouchers according to current regulations of the Ministry of Finance to prove the lawfulness of the origin of the goods.

Articles and goods which are presents and gifts packed in parcels and packages mailed within the country shall not be regulated by this Circular. Any organization or individual that mails merchandise banned from trading or merchandise disguised as presents or gifts to evade tax shall be handled according to the provisions of law.

2. Organizations and individuals shall take responsibility under the law for their merchandise mailed in parcels or packages and accompanied vouchers.

Mailing of merchandise which the State bans from trading or import or for evading taxes under current regulations (hereafter referred to as illegal merchandise) is strictly forbidden.

3. The competence and procedures for handling administrative violations in the domestic mailing of merchandise in the form of parcels and packages shall comply with the provisions of the Ordinance on Handling of Administrative Violations. If signs of criminal offense are detected through inspection, the case shall be transferred to the competent investigation agency in accordance with the provisions of the Criminal Procedure Code.

4. Mail parcels and packages which contain merchandise imported into Vietnam from abroad or exported abroad from Vietnam shall comply with joint Circular No. 06/TTHQ-BD of June 20, 1995 of the General Department of Customs and the General Department of Post and Telecommunications.

II. REGULATIONS ON THE SENDING AND DELIVERY OF PARCELS AND PACKAGES CONTAINING MERCHANDISE:

1. An organization or individual that mails merchandise shall have to abide by the following regulations:

- To write the words "Hang hoa" (merchandise) on the sending ticket and the parcel or package wrapper.

- To fully and correctly declare in the sending ticket the type of merchandise in the parcel or package.

- To attach lawful vouchers to the goods.

- To submit to inspection upon request by the post personnel or competent State agencies.

2. The post office that accepts the to-be delivered parcel or package (the sending post office) shall have the following duties:

- To guide senders to strictly observe law when sending merchandise in the form of parcels or packages and create favorable conditions for competent agencies concerned to inspect.

- Not to accept illegal merchandise.

- To write in the accompanied voucher the sending date, signature and affix the postmark.

- To put the vouchers in envelopes and send them together with the parcels or packages. To write "Chung tu hang hoa" (merchandise voucher) on the envelopes.

- If the vouchers are used for sending more than one parcel or package, writing on the envelope "vouchers of the parcels or packages from No. .... to No.....". To write the word "hang hoa" (merchandise) on the related vouchers and/or books.

3. The post office shall give the vouchers to the recipient upon delivery of the parcels or packages.

4. If the post office discovers a parcel or package that containe illegal merchandise, it shall have to retain it and notify the competent State agency thereof for handling.

III. INSPECTION AND HANDLING OF VIOLATIONS:

1. The procedure for inspecting and handling parcels and packages containing illegal merchandise:

1.1. At the sending post office:

- It shall coordinate with the competent State agency in inviting the sender to come over for settlement.

1.2. At the distributing post office:

- It shall coordinate with the competent State agency in determining the time limit for inviting the recipient to come over for settlement.

- The maximum time limit is 7 days from the date of the first invitation if the recipient lives in a city, town or township or 15 days if he/she lives in the countryside.

- If the recipient fails to come over within the time limit prescribed in the invitation, the distributing post office shall notify the sending post office so that the latter shall invite the sender to come for settlement at the distributing post office.

1.3. En route transportation:

a/ The competent State agency shall only be allowed to inspect and handle illegal merchandise mailed in the form of parcels and packages at the sending or distributing post office, except in emergency cases related to national defense and security, where the goods may be brought to the nearest post office for settlement.

b/ In cases where there are on transport means both mail bags, parcels and packages and illegal merchandise which are not mail parcels and packages, the inspection and handling thereof shall be carried out as follows:

- For illegal merchandise which are not mail parcels or packages, the competent agency is entitled to inspect and handle en route transportation according to the Ordinance on Handling of Administrative Violations.

- The lawful mail bags, parcels and packages shall be delivered as normal.

- Parcels and packages containing illegal merchandise shall be handled as in Point (a) above.

2. Handling competence, time limit and procedures:

2.1. The competence, time limit and procedures for handling administrative violations related to merchandise mailed within the country shall comply with the provisions of the Ordinance on Handling of Administrative Violations.

2.2. If an organization or individual that has merchandise mailed does not come over to the competent agency for settlement as prescribed in Point 1.2 of Part III, the competent agency shall issue the second notice or announce on the mass media and post it publicly. Within 30 days from the date of the second notice, if the sending organization or individual still fails to come, the competent agency shall issue a decision to seize and handle the merchandise in accordance with the provisions of law.

2.3. When inspecting and handling an administrative violation, the competent State agency shall make a record thereon according to Article 47 of the Ordinance on Handling of Administrative Violations.

3. Procedure for transfer of detained parcels and packages:

3.1. When there is a decision to detain a parcel or package, the post office shall transfer such parcel or package to the competent State agency.

3.2. When the post office transfers the parcel or package to the competent State agency, the detaining agency shall make a record thereon containing the specific description of each parcel or package, including the code number, weight, quantity, type of merchandise, the sending post office, the distributing post office and the full names and addresses of the sender and recipient of each parcel or package. The transfer record and the description must record clearly the full names of the handing and receiving persons, the customer and the witness (if any) and their signatures. The transfer record shall be made in at least 3 copies, kept by the handing and receiving parties and the customer (if any).

IV. ORGANIZATION OF IMPLEMENTATION:

1. Responsibilities of the post service providing enterprises:

1.1. To abide by the law and this Circular regarding the inspection and handling of merchandise mailed within the country. To post at their transaction offices the Regulation on the receipt and delivery of goods and the list of articles and goods which are not allowed to be delivered.

1.2. To coordinate with the competent State agency in discovering, inspecting and handling parcels and packages containing illegal goods.

1.3. To create favorable conditions for the competent State agencies to perform their duties.

1.4. Any post official or employee who acts in collusion with the merchandise owner to illegally trade goods in the form of mail parcels and packages shall be handled in accordance with the provisions of law.

2. Responsibilities of the agency that inspects and handles illegal merchandise mailed within the country in the form of parcels and packages are:

2.1. To strictly observe law and the guidance in this Circular while inspecting and handling parcels and packages containing illegal goods, to closely coordinate with the post service in the course of performing its duties.

2.2. To take responsibility before the law for their decisions. To pay material compensation for any damage or loss it causes, as prescribed by law.

3. The General Department of Post and Telecommunications, the Ministry of the Interior, the Ministry of Finance and the Ministry of Trade shall guide and inspect their respective units and localities in observing the law and this Circular, to notify and send to the concerned branches regulatory vouchers and information related to the management and circulation of merchandise, to ensure close coordination with one another in handling violations related to the mailing of goods within the country.

V. EFFECT OF IMPLEMENTATION:

This Circular takes effect 15 days after its signing. The earlier provisions which are contrary to this Circular are hereby annulled. In the course of implementation if any problem arises, it should be reported promptly to the superior agency for settlement.

For the Minister of the Interior
Vice Minister
VO THAT HOA

For the Minister of Finance
Vice Minister

For the General Director of the General
Department of Post and Telecommunications
Deputy General Director
NGUYEN QUE HUONG

For the Minister of Trade
Vice Minister
DO NHU DINH