Company prosecuted for arbitrarily taking goods under customs supervision

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Customs officers inspect goods

MB Logistics Co., Ltd on November 20, 2021 registered an independent transport declaration 500321110040 at the Da Nang Port Customs Branch (Da Nang Customs Department). Goods in transit include diesel engines and parts thereof, weighing 18.95 tons and valued at US$5,118.75, according to Cha Lo Border Gate Customs Branch.

The declaration was approved by the Da Nang Port Customs Branch for transportation from Tien Sa port, Da Nang to Cha Lo international border gate. The transportation was expected from November 22, 2021 to November 25, 2021 and the actual approved time was 23 hours on November 22, 2021.

At 17:15 on November 24, 2021, Cha Lo border gate Customs Branch received the declaration and the registration form and receipt of the electronic positioning seal device certified by the Da Nang Port Customs Branch presented by Mr. Duong Thanh Loc, the driver of the truck with plate 43C-13260 with trailer 43R-01384 carrying container TCLU9282412.

However, Cha Lo Customs officers identified that the customs seal showed signs of being damaged.

Checking the route of the GPS seal on the customs electronic positioning Seal System, customs officers discovered unusual signs of stopping and parking the truck during the transportation of goods.

Therefore, on the same day, the Director of Cha Lo border gate Customs Branch issued Notice 610/TB-HQCL on stopping the goods through the supervision area for inspection.

As a result, there was nothing inside the container. Cha Lo Customs made a record of the case and issued a Decision on the seizure of infringing material evidence and means for further investigation.

Comparing statements of Mr. Duong Thanh Loc in the report and working minutes on November 24, 2021, the transportation route was recorded on the positioning seal system and the route of the truck 43C-13260 provided by Duc Long Logistics Co., Ltd., customs officers identified discrepancies between the timelines and parking locations, especially at locations with long stopping and parking times.

Through the process of verification and investigation, Cha Lo Customs determined that, after completing customs procedures at Da Nang Port Customs Branch, MB Logistics Co., Ltd. had arbitrarily broken Customs Seal HQ/20.0685419. Through the declaration of Mr. Duong Thanh Loc and the route of positioning seal DNA057, it was confirmed that MB Logistics Co., Ltd. studied in advance, worked with many people in Da Nang and Quang Binh to remove seal DNA057 on container TCLU9282412 and reattach it to another vehicle to bypass the Customs force. The company consumed the goods under customs supervision and reattached the customs seal on the container.

Nothing inside the container

After finishing the investigation and reviewing records and documents, Cha Lo Border Gate Customs Branch found that the act of MB Logistics Co., Ltd. had all the elements constituting the crime of smuggling (under the provisions of Article 188 of the Penal Code 2015 as amended and supplemented in 2017).

Customs supervision for border gate transfer of goods stuck at seaports

On December 22, 2021, Cha Lo Customs issued a Decision to prosecute the criminal case 03/QD-HQCL for smuggling against MB Logistics Co., Ltd, occurred at Cha Lo international border gate and proposed the Investigation Police Department of Minh Hoa District Police to consider, investigate and prosecute the act of using fake papers and documents of the authorities to commit illegal acts against MB Logistics Company.

On the same day, the People's Procuracy of Minh Hoa district issued Decision 01/QD-VKSND-MH on the criminal case for further investigation