Some causes and conditions of the situation of smuggling through international border gates in the southeast region of Viet Nam

70 Tạp chí Khoa học Viện Đại học Mở Hà Nội 51 (01/2019) 70-76 SOME CAUSES AND CONDITIONS OF THE SITUATION OF SMUGGLING THROUGH INTERNATIONAL BORDER GATES IN THE SOUTHEAST REGION OF VIET NAM Pham Van Trung, Nguyen Thi Trang, Pham Van Tuan* 1 Date received the article: 5/7/2018 Date received the review results: 7/1/2019 Date published the article: 28/1/2019 Abstract: From 2013 to 2018, the situation of smuggling through international border gates in the Southeast region was complicated. The number of smuggled goods confiscated by functional agencies was increasingly high. Faced with this situation, functional agencies have implemented many measures to prevent smuggling crimes through international border gates in the Southeast region and have achieved certain results. However, compared to the requirements of this operation still many limitations. In order to take part in generating some effective solutions, the authors have studied clarification some causes and conditions of the situation of smuggling through international border gates in the Southeast region of Vietnam. Keywords: International border gate; Southeast; causes and conditions; smuggling. 1. The concept of causes and conditions of the situation of smuggling According to Vietnamese Dictionary, the cause is "the factor that create result or arise fact12; the condition is "what is needed to have another possible or can happen"23. In Study Criminology, Prof.Dr. Vinh Vo Khanh defines: "The causes and conditions of the situation of crime are understood as the system of negative social phenomena in the corresponding socio-economic forms, deciding the birth of the situation of crime as a consequence”34From this point of view, it can be understood: Causes and conditions of the situation of smuggling in the Southeast * People's Police College II 1 Lien Pham Le (Editor), Vietnamese Dictionary, Hong Duc Publisher, 2015, p. 723. 2 Lien Pham Le (Editor), Vietnamese Dictionary, Hong Duc Publisher, 2015, p. 383. 3 Vinh Vo Khanh (2008), Criminology Curriculum, Hue University, Public Security Publisher, Ha Noi, p. 79. region is a system of negative social phenomena existing in the socio-economic environment in the Southeast decides the birth of the situation of smuggling prescribed in Article 188 of the 2015 Penal Code, amended in the 2017. 2. Overviewing the situation of smuggling in the Southeast The Southeast includes 06 provinces (Ho Chi Minh City and 05 provinces: Binh Duong, Tay Ninh, Binh Phuoc, Ba Ria - Vung Tau and Dong Nai). This is a region with many preferential on natural conditions and always receives the attention investment, development of the Party and the State. In Nghiên cứu trao đổi ● Research-Exchange of opinion 71 recent years, the provinces, cities in the Southeast have increasingly affirmed position, important role with economic - culture - society development of the country. One of the factors promoting the strong economic development in the Southeast region is the system of 08 international border gates, including 03 land border gates, 02 sea border gates, 02 river border gate; 01 air gate.41According to statistics from the Customs Department of the provinces and cities in the Southeast that an average of 5943 enterprises/year participate in customs procedures through international border gates in the area, with the average import-export turnover reached 4572 billion USD/year, of which 2018 increased 24,21% compared to 2017 and increased 40,39% compared to 2013.52 This partly confirms that import and export activities through international border gates in the Southeast region tend to increase in scale and contribute to promoting foreign trade activities in this provinces, city. However, the export and import of goods through international border gates in the Southeast region in recent years is complicated and difficult to control, many subjects have taken advantage to commit crimes, including smuggling crime. Through statistics of the People's Courts of provinces and cities in the Southeast region, in the period from 2013 to 2018, the number of smuggling cases brought for trial of first instance is 123 cases, with 154 defendants, in which, the number of smuggling cases through international border 4 Customs Departments of provinces and cities in the Southeast region (2018), Summary report of 2018, provinces and cities in the Southeast region. 5 Customs Departments of provinces and cities in the Southeast region (2013-2018), Summary report of the year, provinces and cities in the Southeast region. 6 People's Courts of provinces and cities in the Southeast region (2013-2018), Summary report of the year, provinces and cities in the Southeast region. gates is 85/123 cases (accounting for 69.11%) compared with the total number of criminal cases of smuggling in the Southeast region. The number of cases, defendants of increasing and decreasing does not follow the rules, each year from 10 to 19 cases, with 25 to 34 defendants63 but considering the nature, extent of the smuggling offense through international border gates in the Southeast region is complicated and serious, the number of confiscated goods is increasing, focusing on items have demand for large and high- value consumption in the society today such as: mobile phones, cosmetics, foreign alcohol, electronics, clothes, fabrics, cigarettes, medicines... More and more smugglers through international border gates in the Southeast region have the knowledge of export and import of goods, economy, market, even many subjects with status and relations in society, especially in relation to officials in agencies related to import and export activities or to the prevention of smuggling crimes in the Southeast region and tend to take advantage of this relationship to carry out criminal acts of smuggling. This shows that prevention of smuggling crime through international border gates in the Southeast region in the coming time is an urgent issue. In order to have a basis to develop measures to prevent smuggling crimes through international border gates in the Southeast region, firstly, it must clarify the causes and conditions of this situation of crime. When studying, we found that the causes and conditions of the smuggling crime 72 Nghiên cứu trao đổi ● Research-Exchange of opinion through international border gates in the Southeast region are negative social phenomena that interact with a person or corporate legal entity, thereby promoting their consciousness and smuggling through international border gates in the Southeast region. 3. Some basic causes and conditions of the situation of smuggling On the basis of studying summarized and specialized reports related to the prevention of smuggling crimes in the Southeast region, the judgments on smuggling through international border gates and direct exchanges with officials of functional agencies (Customs, Economic Police, Market Management ...) are the main forces in preventing smuggling crimes through international border gates in the Southeast region. We draw a number of causes and conditions of the situation of smuggling through international border gates in the Southeast region from 2013 to 2018 as follows: Firstly, the causes and conditions from the limitations and weaknesses in the state management organization on export and import activities through international border gates in the Southeast region. The effectiveness of state management on export and import activities through international border gates in the Southeast region plays an important role in ensuring the stability and sustainable development of foreign trade activities, promote healthy economic development, and enhance competitiveness among enterprises. In import and export management activities, 7 Minh Nguyen Ngoc (2015), The situation of smuggling crime in the condition of Vietnam joining the ASEAN economic community - A number of comments and recommendations, Electronic People's police magazine, on January 21, 2015. the Ministry of Finance, directly the Customs force plays the role of a publicist force in the state management of import and export activities has carried out synchronous measures of defense preventing violations in export and import, including smuggling through international border gates in the Southeast region. However, sometimes the management of import and export activities has not achieved the desired effect, the inspection and control of import and export activities have no detected many violations of law, including smuggling. Most of the subjects found to be administratively handled are mainly but not yet determined, proving criminal signs to transfer police investigation agencies. This stems from the trend of sophisticated crime, high secret, development towards the intellectualization and technicalization of smugglers7.1In addition, the study found that the cause of the situation of smuggling through international border gates is weak, poor and uneven professional qualifications; the sense of struggle and the spirit, responsibility of the anti-smuggling investigation force, the inspection, verification, customs management supervision force as well as the inspection, examination activities are not really deep, leading to there are still places, sometimes import and export management still loopholes for the subjects to take advantage of smuggling, even there are cases where customs officers collude with objects that are Nghiên cứu trao đổi ● Research-Exchange of opinion 73 import-export enterprises to smuggle.81 Besides, when the study found that the status of inspection, examination, handling of administrative violations and smuggling is not really serious and timely in some units and localities have international border gates in the Southeast region, lead to those who have been intimidated to commit smuggling. In addition, the propagation, mobilization of the masses to abide by the law on export and import activities, raising the awareness of the prevention smuggling through international border gates of a number of units and localities, even specialized management agencies in units and localities with international border gates are also in formality, general and not specific92 and not yet associated with the characteristics of the subjects in the area, especially in areas with difficult economic conditions, lack of jobs, leading to a situation where the masses received, be persuaded, bribed and entice participation in smuggling by the objects. Second, causes and conditions from difficulties in managing import and export enterprises In recent years, the State has realized many open policies for domestic and foreign enterprises to carry out business activities through export and import conveniently and flexibly. That has motivated enterprises operating in the field of import and export to increase. Accordingly, the Customs force at international border gates in the Southeast region has been facing pressure in 8 Dong Thai An (2016), Preventing smuggling crimes through Southwestern border provinces, Doctoral thesis on Law, People's Police Academy, Ha Noi, p. 79 9 phap-nang-cao-hieu-qua-phong-ngua-toi-pham-buon-lau-cua-luc-luong-Canh-sat-kinh-te 10 Yen Nguyen Xuan - Duc Nguyen Minh (2014), Vietnam Criminology, Volume 2, Chapter XI "Particular trait of Criminology and prevention of smuggling crime", Public Security Publisher, Ha Noi, p. 759. 11 Yem Nguyen Xuân (2012), Criminal Psychology, Public Security Publisher, Ha Noi, p. 25. management activities such as increasing workload with high professional requirements and must always assure enterprises implement right customs clearance procedure regulation Therefore, ensure that enterprises operate in accordance with the law is a difficult requirement in the current period and inevitably control enterprises with conditions, capabilities, expressing suspicion of smuggling through the international border gate in the Southeast region will face more difficulties. Starting from the criminals have sophisticated tricks, finding ways to hide are not detected and arrested by the functional agencies. Some objects take advantage of the open policy of the state that has established many companies, taking different legal status to commit smuggling offenses. Even some objects have colluded into "group benefits", including smugglers with officials and employees of functional agencies in the prevention of smuggling crimes through international border gates, domestic and foreign distribution enterprises.103 Third, the causes and conditions from the negative psychology of offenders smuggling as well as from consumers. The psychology of offenders smuggling through international border gates in the Southeast region emits mainly from material needs and consciousness of needs as well as how to satisfy those material needs. "Deviation in value orientation is an important psychological cause of social standard deviations, including criminal acts"11.4 74 Nghiên cứu trao đổi ● Research-Exchange of opinion When psychological study from offenders smuggling through international border gates in the Southeast region, 100% offenders are aiming to earn illegal money from smuggling.121The negative psychological factors arise are mainly self- interest, greed, desire for personal interests and the desire to enjoy material excessively or to unfair competition with competitors in the market... However, normally this negative psychology only arises strongly when there are favorable conditions and circumstances such as: From the limitations, weaknesses, loopholes and shortcomings in import and export management activities of functional agencies at international border gates in the Southeast region where the subjects may take advantage to smuggle; from favorable conditions for illegal consumption and trading in the market; when officials, inspectors, import and export controls, officials conducting anti-smuggling investigations are hooked, seduced, bribed... so as not to be detected and handled according to law provisions. At that time, this mentality will become a driving force to urge subjects to commit smuggling through international border gates in the Southeast region. Besides, the psychology of consumers is also a cause and condition to give rise to smuggling crimes through international border gates in the Southeast region in recent years. Stemming from the psychology prefering to use foreign goods, want to buy cheaper goods in the competitive market of other businesses. A part of the population tends to cover, tolerate smugglers, help 12 Police of provinces and cities in the Southeast region (2013-2018), Document 53 criminal cases of smuggling through international border gates, provinces and cities in the Southeast region. 13 Dong Thai An (2016), Preventing smuggling crimes through Southwestern border provinces, Doctoral thesis on Law, People's Police Academy, Ha Noi, p. 79 consume contraband or indifferent, allow smugglers to consume, hide, transport contraband into the market without timely reporting or cooperating with functional agencies to detect, prevent and arrest offenders smuggling through international border gates in the Southeast region. Fourth, the causes and conditions from smuggling offenders take advantage of loopholes and inadequacies of law to commit crimes. Through research shows that, over the past time, smugglers often take advantage of loopholes and inadequacies of the law to commit crimes. It is typical that the regulation self-print invoices enterprises is an open policy, creating conditions for enterprises to take the initiative and limit administrative procedures. However, the issue of managing invoices, purchase and sale documents is still very difficult, enterprises are easy to "surpass" the anti-smuggling function force. For example: Taking advantage of the enterprise policy to self-print invoices, subjects establish enterprises to smuggle Thai sugar from Cambodia to Vietnam, after "collect contraband", "changing clothes", buying or use domestic sugar factory sales invoices to "validate" the amount of contraband sugar when inspected so functional agencies cannot handle13.2In addition, the 2015 Penal Code prescribed that commercial legal entities are the subject of smuggling, but now the handling of crimes against commercial legal entities acts is still very difficult due to some regulations unclear provisions, specifically how commercial legal entities, when Nghiên cứu trao đổi ● Research-Exchange of opinion 75 commercial legal entities commit crimes, the application of preventive measures and blockade of assets will be difficult to implement... On the basis of the loopholes, inadequacies of law and the understanding of import, export management activities through international border gates in the Southeast region, the subjects when meeting favorable circumstances will commit smuggling. The timely completion of legal provisions related to the prevention of smuggling crime will contribute to limiting, reject the causes and conditions of committing smuggling through international border gates in the Southeast region from the loopholes, inadequacy of the law. Fifth, the causes and conditions derive from the degradation of ideological and political awareness in a part of the masses, including a part of officials and employees of functional agencies in prevent smuggling crimes through international border gates in the Southeast region. Our country is in the stage of developing a market economy, deep international economic integration. This has motivated and impacted the economy, culture and the ideology and politics of a part of the masses in the whole country in general and the masses in the Southeast region in particular. In addition to the economic, cultural, ideological and political achievements in the Southeast region, over the past time, the negative phenomena of the left side of the market economy have affected the life of a parts of the masses, including ideological and political degradation. These are the manifestations of misleading, pragmatic 14 mat-tich_45012.html awareness, following the material lifestyle, attaching importance to "money", not understanding the correct views and guidelines of the Party and the State's policies in development foreign trade activities, even negative import and export activities also impact on a part of officials and employees of relevant functional agencies in the prevention of smuggling crimes through internationally border gates in the Southeast region, promoting them to appear a sense of irresponsibility, abuse of positions and powers to support smugglers. Typically, the case of two customs officers involved in 213 container cases is missing.141This makes the organization of prevention smuggling crimes through international border gates in the Southeast region sometimes in some units and localities not really promoted, actively and actively synchronized. This will be a germ of smuggling crimes when conditions and circumstances are favorable. Sixth, the cause of restrictions in implementing measures to prevent smuggling crime The preventing smuggling crimes through international border gates operation in the Southeast region is the responsibility of the entire Party, the entire army and the entire people, including the core force being the People's Police and Customs forces, Market management, Marine Police... In recent years, implementing functions and duties of the State, above functional forces have conducted synchronous measures to prevent smuggling crimes and have discovered, investigated and explored many smuggling cases through international border gates in the Southeast region. However, through surveys and 76 Nghiên cứu trao đổi ● Research-Exchange of opinion researches, the activity of functional forces has not really met the increasing requirements of the practice of prevention smuggling crimes through international border gates in the Southeast region, in particular: The propaganda and mobilization of the masses are still formality, not regular; professional qualifications of some officials in the functional force have not met the requirements of this crime prevention operation; sometimes functional agencies coordinate closely; conditions of working facilities do not meet the requirements; leadership, direction and and manage operation in some units and localities are not drastic...1 That leads to somewhere still "loopholes" for the subjects to take advantage of criminal activities. The above are some the main causes and conditions of the situation of smuggling through international border gates in the Southeast region in recent years. Studying this content has important implications in making the system of comprehensive, effective and result solutions in preventing smuggling crimes through international border gates in the Southeast region. References: 1. Customs Departments of provinces and cities in the Southeast region (2013 - 2018), Summary report of the year, provinces and cities in the Southeast region. 2. Dong Thai An (2016), Preventing smuggling crimes through Southwestern border provinces, Doctoral thesis on Law, People's Police Academy, Ha Noi, p. 79 3. te/bat-tam-giam-2-cong-chuc-hai-quan-lien- quan-vu-213-container-mat-tich_45012.html 4. doi/2612/Nguyen-nhan-cua-toi-pham-buon-lau- va-mot-so-giai-phap-nang-cao-hieu-qua-phong- ngua-toi-pham-buon-lau-cua-luc-luong-Canh- sat-kinh-te 5.https://www.customs.gov.vn/Lists/TinH oatDong/ViewDetails.aspx?ID= 25074 &Category=Tin%20n%E1%BB%95i%20b%E1 %BA%ADt 6. Lien Pham Le (Editor), Vietnamese Dictionary, Hong Duc Publisher, 2015, p. 383, 723. 7. Minh Nguyen Ngoc (2015), The situation of smuggling crime in the condition of Vietnam joining the ASEAN economic community - A number of comments and recommendations, Electronic People's police magazine, on January 21, 2015. 8. People's Courts of provinces and cities in the Southeast region (2013-2018), Summary report of the year, provinces and cities in the Southeast region. 9. Police of provinces and cities in the Southeast region (2013 - 2018), Document 53 criminal cases of smuggling through international border gates, provinces and cities in the Southeast region. 10. Vinh Vo Khanh (2008), Criminology Curriculum, Hue University, Public Security Publisher, Hanoi, p. 79. 11. Yem Nguyen Xuân (2012), Criminal Psychology, Public Security Publisher, Ha Noi, p. 25. 12. Yen Nguyen Xuan - Duc Nguyen Minh (2014), Vietnam Criminology, Volume 2, Chapter XI "Particular trait of Criminology and prevention of smuggling crime", Public Security Publisher, Ha Noi, p. 759. Author Address: People's Police College II Email: unitea78@yahoo.com 1https://www.customs.gov.vn/Lists/TinHoatDong/ViewDetails.aspx?ID=25074&Category=Tin%20n%E1 %BB%95i%20b%E1%BA%ADt