Ensured conditions to implement antismuggling law in Viet Nam today

Tạp chí Khoa học Viện Đại học Mở Hà Nội 56 (06/2019) 21-25 21 ENSURED CONDITIONS TO IMPLEMENT ANTI- SMUGGLING LAW IN VIETNAM TODAY Dang The Dung*** Date received the ariticle: 6/12/2018 Date recevied the review results: 5/6/2019 Date published the article: 26/6/2019 Abstract: The enactment of laws and assurance of conditions to implement the law on prevention and combat of smuggling, and trade fraud are indispensable conditions for each developed country. In particular, the process of international economic integration is increasingly strong, the implementation of smuggling and trade frauds is increasingly sophisticated and cunning. This article focuses on analyzing the regulations and necessary conditions to implement effective anti-smuggling activities in the coming time. Keywords: Anti-smuggling, international integration, trade fraud, Vietnam First, about the politics Resolution no.41/NQ-CP was signed and promulgated by the government in 9th June 2015 in fostering anti-smuggling and business fraud’s work during the new situation. In order to the anti-smuggling’s work has an effective change, local ministries, departments focus on performing regulated legislation, following the direction of Prime Minister, 138 Steering Committee, 389 National Steering Committee in criminal prevention and anti-smuggling. Determinedly not allow the “restricted zone”. Combined closely between active prevention and initiative in crime detection; do anti-smuggling, business fraud and counterfeit inside the anti-smuggling, business fraud and counterfeit’s angency itself. In 15th July 2016, Secretary published Conclusion no.5 about continued ** * Environmental Police Department, Hai Phong Department of Public Security performing Direction no.48 of the 10th Politburo to strengthen Party leadership in the criminal prevention work in the new situation, National criminal prevention strategy from 2016 to 2025 and orientation towards 2030; Anti-human trafficking Agenda in the 2016-2020 stage. Second, about the regulation Anti-smuggling law is overall the legal provision arose in operating, performing anti-smuggling law process such as the order, procedure, method against smuggling behaviors. In 20th June 2017, the Parliament passed Law no.12/2017/QH14 altered the Penal Code 2015, officially actived since 1st January 2018. Its main aim is surmount detected errors of the Penal Code no.100/2015/QH13, ensure its synchronism, consistency, contribute apply unify in 22 Nghiên cứu trao đổi ● Research-Exchange of opinion practice and also adding some new arose issues after passing the Penal Code no.100/2015/QH13 to meet the requirement of anti-crime in a new circumstance. Article 188 Penal Code 2015 altered, added in 2017 stipulated that: smuggling is illegal trading behavior with goods, vietnamdong, foreign currency, metalware, jewel, historical or cultural products, prohibited items over the boundary. In 29th June 2001, the Parliament course X passed the Customs Law, appointed Vietnamese Customs’ responsiblity were inspection, supervision goods, transport; anti-smuggling, illegal goods transport over the boundary; operating implement tax law to export, import goods; petition for customs state management advocate, way towards export, import, departure, immigration, transit and tax policy for export, import goods. In 2003, the Parliament enacted the Criminal Procedure Code with the investigation authority of customs at Article 111. When detect the commission of crime to the extent that bring into criminal account in customs’ management area, the agency has the right: to misdemeanors (petty crime) being caught red- handed, offender’s evidence and background are clear, then given prosecuted decision to the case and the defendant, carried out investigation, moved the file to an authorized procuracy within 20 days, since the day of prosecuted decision; to serious, very serious, extra serious crime or petty but complicated crime, then given prosecuted decision to the case, carried out early investigation, and moved the file to an investigating authority within 7 days, since the day of prosecuted decision. In 20th August 2004, National Assembly Standing Committee enacted Ordinance no.23/2004/PL-UBTVQH11 about operating criminal investigation. Article 20 of Ordinance regulated that customs agency when detecting crime at Article 153 and 154 of the Penal Code while performing tasks in management area, the Director of anti-smuggling investigation bureau, the Director of inspection after customs clearance bureau, the Director of province, interprovince, central city customs bureau. With the enaction of the Customs Law in 2001 (altered, added in 2005), fundamental issues about anti-smuggling work over the border of customs agency were mentioned such as responsibilities, compass, force, facilities equipment, coordinate relationship, authority, fighting professional method The government promulgated some Decrees, Decisions in time to regulate problems related to anti- smuggling work of customs agency. In 27th November 2015, the Parliament course XIII session 10th passing the Criminal Procedure Code (officially actived since 1st July 2016). Article 164 Criminal Procedure Code 2015 appointed tasks, rights of customs agency is carrying the investigation. In 26th November 2015, the Parliament course XIII session 10th passed the Investigation criminal agency operation Law (actived since 1st July 2016). Article 33 stipulated investigation tasks, rights of Customs agency. According to Article 164 Criminal Procedure Code 2015 and Article 33 Investigation criminal agency operation Law, customs agency has the authority to prosecute the case and conduct investigation work for 3 crimes: smuggling at Article 188, illegal goods, currency trafficking over the border at Article 189 and prohibited items Nghiên cứu trao đổi ● Research-Exchange of opinion 23 making, trading at Article 190 the Penal Code 2015. In comparison with previous regulation, customs investigation authority were broaden with 3 crimes and increased investigation time to 1 month (20 days earlier) with petty crimes being caught red- handed, offender’s evidence and background are clear. However, it was bounded towards other behaviors such as prohibited items trafficking. Deploying the Customs Law in 30th June 2014, the government published Decree no.01/2015/NĐ-CP in 2nd January 2015 regulated in details customs work scale; coordinate responsibility in anti- smuggling, illegal goods trafficking over the border. Implementing the Decree, there were directed documents in details about compass extent, responsibility, relationship between function forces, local government. Particularly, first we need to review, alter, add, sign force coordinate regulations between customs and police, border soldiers, sea police Concretizing regulations, rules at every level, region. Meanwhile, in Decree no.08/2015/NĐ-CP in 21st January 2015, the government stipulated implementing the customs law about customs procedure, checking, supervision, controlling so professional customs control methods were prescribed. Chapter VII of the Decree defined professional methods ensuring the prevention, detection, arrestment, investigation and criminal punishment, including smuggling crime. Therefore, since the day of establishment, the customs authority has conducted the criminal investigation with smuggling behavior, illegal goods trafficking over the border. From researching the formulation history and development of customs branch, it showed that customs agency has an important position in the state system, conducting investigated activities against the crime related to state management in customs. In 28th March 2016, National Assembly Standing Committee enacted Market Management Ordinance. Article 7 of the Ordinance regulated the position, function of market manager force. In 4th November 2016, the government published Decree no.148/2016/NĐ-CP stipulated in details executing some articles of Market Management Ordinance. It has been said that above documents are meaningful to update fully, particularly the authority, procedure implementing anti- smuggling work, and also the foundation, prerequisite condition for perfoming anti- smuggling law in practice, the legal base for the local government promulgate anti- smuggling regulations. Third, other ensured conditions Together with the ensurance by law, human insurance is a very important element because at the end, all activities are decided by people. Consolidating the anti-smuggling, business fraud and counterfeit’s work by focus, intensive, delimit the responsibility in area, field and enhance the leader’s responsibility; handle in time, strictly officials, civil servant abetting, tolerating or having other negative expression in implementing given tasks, ensuring internal strength, meet the work requirement. Quickly review, alter, add or build, enact regime, rotation process, convert working position of officials, civil servants in professional force, especially in sensitive 24 Nghiên cứu trao đổi ● Research-Exchange of opinion areas, easy to arise negativity, corruption in order to do fully, correctly the regime. Promoting science technology research and application; strengthen international cooperation in anti-smuggling, business fraud and counterfeit’s work, especially with countries shared the border, ASEAN nations. Coordinate with global organizations, trademarks in anti- smuggling, counterfeit, intellectual property violation. - Ensuring international cooperation in anti-smuggling. Beside traditional, non-traditional security challenges, organized, multinational criminal activities such as suggling, drugs, money laundering, high technology, human trafficking, fake medicine’s manufactoring, trading with increasingly wide scale, danger required each country having coping solutions and effective action coordination. Strengthen cooperation ensuring trade security, contribute to fight efficiently against smuggling, counterfeit behaviors, contrivance in Asia Pacific area were the center content which discussed by customs procedure Subcommittee of 21 APEC economies in agenda of SOM1 framework occuring in Nha Trang, Khanh Hoa. It not only managed goods export, import work better but also pushed anti-smuggling, business fraud, drugs, prohibited items trafficking over the border. In the next years, multinational crime activities have been developing complicated. Criminals will take advantage of the government’s open policy to enter Viet Nam for hiding as well as domestic objects going abroad connected with others to convict a crime. Prohibited goods trading, transport from foreign countries to Vietnam and vice versa will be extremely complicated, tend to increase. In order to actively prevent the crime, in the international integration process, we need to continuously improve regulation system related to international law; instantly promoting sign judicial support agreements, especially the content of investigation cooperation, pursuit and criminal extradition. Police must regularly coordinate closely with national army, customs, diplomacy branches... to prevent multinational crime, even inside police force needs the tight cooperation between internal forces in capturing the situation, information exchange, make the convenient condition to verify, arrest the criminal. References: 1. Hanoi National University (1998), State and Law Theory Curriculum, People's Public Security Publishing House, Hanoi. 2. National Assembly (2003), Criminal Procedure Code 2003, National Political Publishing House, Hanoi. 3. National Assembly (2009), Law on amending and supplementing a number of articles of the Criminal Code in 1999, National Political Publishing House, Hanoi. 4. National Assembly (2016), Resolution No. 144/2016 / QH13 dated June 29, 2016 on the reversal of enforcement of the Penal Code No. 100/2015 / QH13, CrPC No. 101/2015 / QH13, 5. National Assembly (2017), Criminal Code 2015 amended and supplemented in 2017, the true National Political Publishing House, Hanoi. 6. Hanoi Law University (2013), State Theory and Law Curriculum (revised 3rd edition), People's Public Security Publishing House, Hanoi. Nghiên cứu trao đổi ● Research-Exchange of opinion 25 7. Standing Committee of the National Assembly (2004), Ordinance on Organization of Criminal Investigation in 2004, National Political Publishing House, Hanoi. 8. The Institute of State and Law (2004), General Theory of Theory on State and Law, Political Theory Publishing House, Hanoi. Author address: Environmental Police Department, Hai Phong Department of Public Security