Công văn 763/TCHQ-PC

To: Customs Departments of provinces and cities

General Department of Customs receives reports submitted by customs authorities on difficulties with imposing penalties on import goods that are not adequately labeled as specified in Decree No. 43/2017/ND-CP dated April 14, 2017 of Government on goods labelling. Pursuant to Official Dispatch No. 5189/TCHQ-GSQL dated August 13, 2019, General Department of Customs provides guidance on disposing import goods committing labelling violations as follows:

- In case goods are not labeled as per the law, customs authorities shall rely on Clause 7 Article 14 Decree No. 127/2013/ND-CP dated October 15, 2013 of Government on administrative penalties and enforcement of administrative decisions in customs sector (which receives amendments in Decree No. 45/2016/ND-CP) to impose penalties; adopt remedial measures specified in Point b Clause 12 Article 14 of this Decree and force removal from Vietnam territory or re-export within 30 days from the date on which decisions on penalties are received.

- In case goods are not adequately labelled as specified in Decree No. 43/2017/ND-CP , customs authorities shall rely Point a Clause 1 Clause 2 Article 31, Article 37 and Clause 4 Article 42 Decree No. 119/2017/ND-CP dated November 1, 2017 of Government on administrative penalties relating to goods standards, measurement and quality to impose proper penalties.

For your acknowledgement and implementation./.