Quyết định 2005/QD-TCHQ

DECISION

ISSUING PROCEDURES FOR CONTROL, DETAINMENT AND HANDLING OF ILLEGAL PURCHASE, SALE AND TRANSPORT OF NARCOTIC DRUGS OF THE CUSTOMS

HEAD OF GENERAL DEPARTMENT OF CUSTOMS

Pursuant to the Customs Law dated June 29, 2007 and the Law amending and supplementing a number of articles of the Customs Law dated June 14, 2005;

Pursuant to the Law on Drug prevention and control dated December 09, 2000, and the Law amending and supplementing a number of articles of the Law on Drug prevention and control dated June 3, 2008;

Pursuant to the Decision No. 02/2010/QĐ-TTg dated January 15, 2010 of the Prime regulating functions, tasks, powers and organizational structure of the General Department of Customs under the Ministry of Finance;

Pursuant to the Decision No.65/2004/QD-TTg dated April 19, 2004 of the Prime Minister promulgating the Regulation on the operation of the Customs in charge of prevention of smuggling and illegal transportation of goods across the border;

At the proposal of the Director of anti-smuggling investigation Department

DECIDES

Article 1. Issuing together with this Decision the procedures for control, detainment and handling of illegal purchase, sale and transport of narcotic drugs of the customs

Article 2. The decision takes effect from its signing date.

Article 3. Heads of units under and directly under the General Department of Customs are liable to execute this Decision.

PROCESS

CONTROL, DETAINMENT AND HANDLING OF ILLEGAL PURCHASE, SALE AND TRANSPORT OF NARCOTIC DRUG OF THE CUSTOMS
(Issuing together with Decision No. 2005/QD-TCHQ dated August 30, 2011 of the Head of General Department of Customs).

Part 1.

GENERAL PROVISIONS

I. SCOPE OF APPLICATION

1. This process guides the order and procedures for checking (or examination) of people, goods, luggage and transportation vehicles to detect, detain drug, seize Subjects who illegally purchase, sell and transport narcotic drugs in the areas of customs under the organization and implementation coordinated by customs Authority

2. For illegal sale, purchase and transportation of narcotic drugs seized by the coordination between Customs authority, border Guard, coast Guard outside the operation area of Customs authority will comply with Regulation on coordination in the fight against drug-related crimes between the Customs, Police, border Guard and the Coast Guard in the Decision No. 133/QĐ-TTg dated October 09, 2002 of the Prime Minister.

3. The cases related to sale, purchase and transportation of narcotic drugs of the Subjects that have diplomatic status or enjoy privileges or immunities, the unit detecting the case must immediately report it to the Director of anti-smuggling investigation Department, Director of Customs Department of provinces or cities for report to the Head of General Customs to decide on the handling measures.

4. Application of this Process must absolutely comply with the provisions of the Criminal Procedure Code, the Ordinance on Handling of Administrative Violations, the Customs Law and the documents of the assignment of tasks and powers of customs officers, duties and tasks and powers of customs levels as well as the subordinate units.

II. ASSIGNMENT OF RESPONSIBILITIES

1. The anti-smuggling investigation Department will direct the operation and mobilize its forces and means and of units in the whole sector in service of detection, investigation and handling of cases concerning narcotic drug for customs units nation-wide.

2. Customs Departments of provinces and cities will direct the detection, seizure, detainment and handling cases related to narcotic drugs occurring in their management area and executed by the subordinate units. Coordinating and supporting forces with the anti-smuggling investigation Department upon requirement. For the illegal sale, purchase and transportation of narcotic drugs across border with serious, complex and organizational signs of violation, the Director of Customs Department of cities and provinces will direct to set up special case and conduct investigation, seizure or propose the anti-smuggling investigation Department to support means and forces for seizure before proposing coordination with the forces of Public Security, border Guard and coast Guard (excluding cases of emergency).

3. The Customs Sub-Department will deploy detection, seizure and handling of cases related to narcotic drugs within the area of Customs operation of managed by the Sub-Department.

4. The anti-drug and control Team, the customs control Team of Customs Department of provinces and cities are responsible for coordinating and providing professional guidance to the Customs Sub-Departments in detection, seizure, handling of drug-related cases occurring in the areas of customs operation managed by Customs Departments of provinces and cities.

5. Head of Customs Sub-Department, leader of the anti-drug and control Team, customs control Team under the Customs Department of provinces and cities; the Team leader, head of professional units of the anti-smuggling investigation Department (referred to as head of Customs units) must select officers with good quality, capacity of investigation, thorough grasp of law and good health to be assigned with tasks of control, seizure concerning narcotic cases.

III. REGULATION ON RECORD AND INFORMATION AND REPORT

1. Form of dossier:

- Head of customs units must issue and execute decisions in line with their competence.

- Using uniform printed paper form of issued by the Ministry of Finance and General Department of Customs during the entire process of checking, examination, taking of testimony and samples, inspection, handover and report on the incident.

- Specifying criteria information in the printed paper with clear writing and complete signature upon receipt to closely ensure the legal and professional strictness as a basis for the following investigation and handling.

2. Content of dossier:

- The records of certification, examination and testimony recording must clearly determine the identity of the Subjects, amount, types of exhibit suspected as drug sale and purchase behavior, hiding and transportation tricks.

- Record of detainment, seal of exhibits and samples for inspection must specify the amount, weight, type and status of exhibit and specimen.

3. Regulation on information and report:

- Head of Customs Sub-Department where case occurs, Heads of units performing the checking and examination will uniformly make a report to the Customs Department of provinces and cities and to the General Department of Customs (through the anti-smuggling investigation Department) under the form and within the prescribed time. In case of emergency, report by fax may be sent first and then in writing.

- Contents of report must specify the receipt of information, work done, result of checking, seizure, strong points and weak points and lessons learned in the process of case handling.

- Keeping confidentiality of all information related to the case, the identity of the officers and their families, the information provider in accordance with the laws and regulations of the sector. Only providing the press and other organs with the information about the contents which have been approved by the leadership of the Customs Department of provinces and city or leadership of the anti-smuggling investigation Department

4. Case files are managed under the regulation "CONFIDENTIAL".

Part 2.

SPECIFIC PROVISIONS

I. RECEIVING AND PROCESSING INFORMATION

1. Complying with the provisions on assignment and decentralization in performing tasks between the Customs control units in Decision No. 1843/QD-TCHQ dated September 22, 2011 of the Head of General Department of Customs.

2. Any information related to drug-related crimes received by officers must be specified its source of information, time of receipt, method of receipt, information content and be reported to the head of unit immediately. The head of unit will check and evaluate the information and report it to the Customs Department of provinces and cities, the anti-smuggling investigation Department. The Customs Department of provinces and cities will direct the processing of information and report it to the General Department (through the anti-smuggling investigation Department). Seriously prohibiting the concealment of information, delay in gathering and processing of information.

3. A number of specific guidelines:

- Information about flagrant detection of substances suspected to be drug during customs patrol, control and checking in the operation area of the Customs Sub-Department must be reported immediately to the Head of Customs Sub-Department for settlement.

- Information transferred from the Police agencies, the Border Guard, the Coast Guard, the heads of units must handle it and make a report to the directly superior Customs authority for the directive.

- Information provided from the International Customs Organization, regions, nations and territories, information provided from foreign organizations and individuals must be reported immediately to the General Department for direction of settlement.

- The anti-smuggling investigation Department receives, analyzes, processes information and makes a report to the leadership of General Department on the way and plan for investigation, seizure, detainment and implementation as approved.

+ For illegal sale, purchase and transportation of narcotic drugs across border with serious, complex and organizational signs of violation, the Director of anti-smuggling investigation Department will propose to set up special case for direct fight or transfer of information, coordination with Police forces, Border Guard and Coast Guard to organize investigation, seizure and detainment.

+ Head of anti-drug-related crime special case Board set up by Customs will make a plan, organize forces and means of investigation, verification and directly steer the seizure and detainment.

+ In case requesting the Customs Department of provinces and cities to plan seizure and detainment, the leadership of Department will direct the plan making (special case if necessary), organize forces and means of Control Team and Customs Sub-Department managing the area to steer the seizure and detainment.

+ In case of transfer of information to the anti-drug and control Team, the customs control Team or the Customs Sub-Department managing the area in order to organize the seizure and detainment, the leadership of Department will direct and examine the implementation.

II. PREPARATION FOR CHECKING AND CONTROL

After receiving and assessing information as true, the head of Customs units will take responsibility to check, seize and execute the following things:

1. Convening officers, assigning tasks of checking and control of customs over the subjects informed of suspected stash of drug.

2. Assigning officers the following tasks:

- Secret reviewing and identifying subjects (people, goods and vehicles) according to intelligence information and performing the monitoring, watching and protection.

- Directly performing procedures for customs examination over the subjects

- Taking measures of control, examination and making records of examination, detaining and questioning subjects; detaining and taking samples for inspection and sealing exhibits if they are suspected to be drug.

- Managing, protecting dossiers and exhibits and keeping eye on the subjects detained and handing over the case to the Police authority.

3. Preparing and checking the number of weapons and means of mobility, information and professional equipment needed to perform the tasks.

4. Requiring the units of Police authority, Border Guard, Aviation Security….to coordinate and protect during the checking, examination, seizure and detainment of subjects.

III. IMPLEMENTATION

- Heads of units will direct the implementation of the following tasks:

1. Detection, monitoring and quarantine of subjects.

- Reviewing and identifying the subjects (people, goods, vehicles) properly according to information detection and warning.

- Fully and accurately inventorying, defining the exact number of goods, luggage, vehicles belonging to the subjects without omission.

- If finding that the subjects include two persons or more, the accompanying subjects must be monitored and inspected and isolated with those who are not involved.

- Bringing the subjects to the customs inspection place at the border. In case the goods and vehicles can not be brought to the inspection place, there must be protection for safety and integrity of the subjects that have been checked and examined.

2. Organizing the lookout and protection for absolute safety for officers to perform their duties.

- During the examination and control, there must be sufficient number of officers equipped with weapons and monitoring supporting tools and so that the subjects cannot resist, escape, collude, suicide or rescue, disperse and hide drugs, money and vehicles used to conceal and transport drugs.

- The use of weapons and supporting tools will comply with the Ordinance on use and management of weapon and supporting tools and Regulation issued in the Decision No. 230/QD-TCHQ dated July 12, 2000 of the Head of General Department of Customs.

3. Implementing examination and detection of drugs

- Performing examination of people first and then their luggage. Firstly, examining, detecting and seizing weapons, murder weapons and means of communication so that the subjects can not use them to resist and deal with. Then, performing detailed examination to detect drugs.

- Examining in detail 100% of goods and means of transport. Firstly comprehensively examining and then identifying the key position for careful examination.

- Using special means (if any) as container scanners, X-ray luggage scanner and drug detector on human body, removable appliances, police dogs and thorough manual examination to detect drugs, weapons, money ... hidden by the subjects.

- Detecting and taking samples suspected to be drug, performing fast testing (at least 02 times) of samples with drug detection reagent, recording specific reaction results when performing the tests.

- Making records to certify the tests of detection (or without detection) of objects suspected to be drugs; taking specimen for drug detection test (if any) and results of test (Form BB-HC 13).

4. In case there is urgent and accurate information, the heads of units will decide to execute immediate examination and skipping steps of customs inspection procedures.

Part 3.

SETTLEMENT OF CIRCUMSTANCES

Case 1: No detection of object suspected to be drug or negative results for drug from fast tests, the shipper has no other violation. Making clearance procedures for the subject as prescribed.

Case 2: Detecting objects suspected to be drug with positive results for one or many specific types of drug but no identification or retention of the owner or carrier. The head of unit will direct the following tasks:

1. Making records of custody of violating documents, exhibits and vehicles s (Form BB-HC 5).

2. Requesting inspection to confirm whether it is drug or not.

3. If the inspection result concludes that it is drug, the case will be transferred to the drug crime investigation Police for further investigation.

4. If the inspection result concludes that it is not drug, processing the goods as ownerless ones.

Case 3: Detecting objects suspected to be drug and identifying the owner or carrier, the head of unit will direct the tasks in the following order:

Step 1: Issuing and executing the examination decision by the administrative procedures for the subject owning or transporting the goods (Form of QD 28).

1. Examination officer and witness (if any) must be of the same gender with the subject to be examined.

2. Carefully examining the entire luggage, clothes and detecting drugs if they are wrapped or bound on body or put in private parts.

3. If there is any doubt that the subject swallow or hide drugs in private parts of his/her body, using X-ray detector (if any) for examination or taking the subject to the medical facilities for examination support.

4. Taking pictures and recording to describe the examination. The photos must clearly reflect the subject’s face and body, hiding tricks and measurement and description of exhibits.

5. Ending and making record of the body examination (Form BB-HC 3), making statistics of complete exhibits and handing them over to an officer for preservation.

Step 2: Suspending the procedures for entry and exit for the subject

1. Issuing Decision to detain people by administrative procedures (Form QD 29) over the owning and transporting subject upon detection of exhibits which are put into private parts, wrapped or bound on body, hidden in things with a lot of crusts, walls, false bottom, crammed inside of other camouflage cargo, or the subject admits drug trafficking.

- In case of extension of detention time by administrative procedures, issuing the Decision on extension of detention time (Form QD 30).

- Notifying the detained person to his/her family, local agency or authority under Form TB-54 (Except for the case the notice affecting the extended process of investigation)

2. The detention is done at the head office of Customs authority.

- There must be at least 2 officers to watch over the subject continuously.

- Detention room must ensure to isolate the subject and there are no things the subject may use to resist, commit suicide or escape.

- Absolutely prohibiting the subject from eat, drinking or smoking the things brought with him/her.

- Only officers assigned by the head of unit involved in capture may contact and work with the subject. Strictly prohibiting unrelated customs officers to contact the subject.

- Using supporting tools to control the subject upon his/her resistance.

3. If there is no foundation detected as at Point 1 of this step:

- Notifying the Vietnamese entry and exit management authorities at the border, Aviation Security, carrier ... for uniform measures of settlement.

- Promptly taking questionable samples and coordinating with Police agency to inspect the specimen as a basis for handling.

- Explaining the reason for suspension of exit and entry to the subject. Closely monitoring the subject to ensure no escape and transmission of information to the outside.

Step 3: Making records of violating subject’s testimony (Form BB-HC 12).

1. Urgently questioning to clarify the number and types of drugs, tricks and hiding places for seizure of all exhibits.

2. Encouraging the subject to declare his accomplices, hiding places and delivery of drugs to enjoy clemency.

3. Questioning method of delivery, transportation and subjects involved to arrest accomplices

4. In the process of taking testimony, if finding additional information in service of arresting more subjects and seizing drugs, organizing or coordinating with the Police and Army to carry out verification and immediate arrest.

Step 4: Promulgating and implementing the Decision to examine objects and means by administrative procedures (Form QD 26).

1. Searching the entire cargo, vehicles and dismantling suspicious places to detect and seize all hidden exhibits.

2. Using police dogs and special means (if any) for search: the trainers using police dogs under the procedures issued in the Decision No. 730/2009/QD-TCHQ of the Head of General Department of Customs. The officers using special technical means (X-ray luggage scanner, drug detector, removable appliances…) by the features and effects of the means.

3. Taking pictures, recording and describing the examination, exhibits, and places to find the exhibits for investigations and operation documentation.

4. Accurately weighing, measuring, counting the exhibits collected and delivering them to officer for management and protection.

5. Upon the end of examination of vehicles and objects, making record of examination by the administrative procedures (Form BB-HC 2).

Step 5: Issuing and implementing the Decision to detain the exhibits and means of hiding and transport of exhibits by the administrative procedures (Form QD 31).

1. Making records to detain the exhibits and means detected and statisticized during the examination of people, objects and vehicles (Form BB-HC 5).

2. Sealing and closely preserving the exhibits and vehicles detained (Form BB-HC 9).

3. Handing over the exhibits and means detained to the officer in charge of management and protection.

4. In case of extension of detention, issuing Decision on extension of the time of detention (Form QD 32).

Step 6: Requesting inspection

Any object suspected to be the drug must be taken its samples and requested for inspection to confirm whether it is drug or not.

1. Number of samples

- Samples in the form of tablet: Taking about 10% of the total weight seized.

- Samples in the form of packet (Heroin): Taking about 5% of the total weight seized.

- The other types such as fibers, twigs, leaves, solid plastic… ... bale /packet: Taking from 50-100 grams per bale/ packet.

- Liquid samples in box, bottle, blister ...: Taking the entire box, bottle, blister ... for inspection.

- Specimen in the form of solution and plastic with large volume: Taking from 200-500 ml.

- Specimen in the form of unit dose such as abused drugs (Morphine, Diazepam, Dolagan contained in tubes, tablets, capsules ...): Taking about 10% of the total weight seized.

2. Method of sampling

- When taking samples, it is necessary to ensure the representative nature for each individual packing unit. Taking sample at 3-5 points on the top, in the middle and at bottom and mixing them together. If the sample is not uniform, the collection point may be increased.

- For cases with the number of exhibits smaller than the number of samples as prescribed above, sealing the whole, then transferring them to the inspection agency.

- Using the tools in the quick-test kit when taking samples to test for drugs; avoiding direct contact with the specimen

3. Seal and preservation of samples (Form BB-HC 9)

- Tools used to contain samples must be clean without other impurities.

- Sealing the samples to be inspected as prescribed.

- During the preservation and transportation, ensuring the samples with the seal and integrity.

4. Requesting inspection

Issuing the Decision to request inspection. Promptly transferring request for inspection and samples to the criminal technical Division of Police authority of province or city or to the facilities of the Criminal Technical –Scientific Institute of the Ministry of Public Security in Hanoi, HCM City and Danang city.

Step 7: End of case

1. If the inspection results conclude that the samples containing no drugs and the subject has no other violation, then performing the clearance procedures for goods, luggage and means. In case the subject claim damages and ask for compensation, the officer performing the tasks in line with procedure is free of responsibility, the Customs authority will accept the effective judgment of the court.

2. Handing over the case to competent investigation agency

- Within 24 hours (within 48 hours for special case in remote area), since the detection of the case specified in the case 2, 3 and 4 mentioned above, the Customs authorities responsible for arrest must complete their tasks under this process, the decision to hand over the original dossiers, exhibits and subjects to the Police agency, the Border Guard at the locality where the case occurred or the drug crime investigation police Department - General Police Department for Crime Prevention – Ministry of Public Security.

- After handing over the case, implementing the coordination of investigation with the agency receiving the case if required.

- The handover of dossiers and exhibits is specified in the Form BB-HC 10. The handover of detained person is specified in the Form BB-HC 6. Specifying the health status of the detained person in the record. Before the handover, the unit responsible for detection and handling will back up all records of the case. The coordinating units will back up documents related to their tasks

Case 4: Detecting objects suspected to be drug hidden in the exported and imported goods, means of transportation on exit, entry or in transit upon performing Customs procedures identifying customs declarer or person authorized by the shipper or owner of means of transportation (hereafter referred to as person concerned). The head of unit will direct the handling as follows:

1. Make a record of testimony of the person concerned about the shipper or authorizer and the contents about the responsibility for performing customs procedures, delivery and transportation of goods.

2. Following these steps: examination of goods and means of transport, sampling, inspection of exhibits.

3. Closely monitoring to prevent the person concerned from leaving or use means of communication to make contact with the outside.

4. Handing over the case to the Police agencies for further investigation. Coordinating with the Police agencies to implement “controlled delivery of goods” if required (paying special attention to the cases of use of tax declaration service and delivery by post).

Requirements: Ensuring confidentiality and not leaking information to affect the investigation and clarification

Part 4.

IMPLEMENTATION ORGANIZATION

1. The anti-smuggling investigation Department is responsible for guiding and inspecting the implementation of the procedures.

2. Director of Customs Department of provinces, inter-provinces and cities and head of units will disseminate and organize strict implementation of these procedures.

Any problem arising during the implementation should be reported to the General Department (through the anti-smuggling investigation Department) for guidance on settlement.