Fight against cigarette smuggling: unsustainable efficiency

Smuggled cigarettes have signs of outbreaks again in the Quang Ninh border area. (In the photo: Functional force of the Complex Control Station Km15-Dan Tien Pier seized perpetrators with 10,000 bags of smuggled cigarettes). Photo: T.L.

According to the National Steering Committee 389 and the implementation of Directive 30 / CT-TTg, provinces, ministries, localities and functional forces have set up professional plans, and specialized projects to hit the lines and organizations of smuggling and illegal transportation of smuggled cigarettes on key routes and areas. In the inland, the party committee and local authorities have directed the functional forces, especially the Market Management force to strengthen the inspection and control of the domestic market, so the sales of smuggled cigarettes in many places (Ho Chi Minh City and Hanoi) are no longer public like before. The cigarette transportation activities are not as obvious as before in the border areas, border gate and two wings of border gates,

Transportation methods of smuggled cigarettes also changed compared to before. Smugglers are becoming increasingly sophisticated, hiding smuggled cigarettes in the cabin, roof, underbody and petrol tanks of vehicles; and arranging followers of the anti-smuggling agency; hiring people to find ways before transportation; using motorboats with very high speed to transport and particularly at night, and frequently changing time and performing routes; and become more daredevil. The perpetrators carrying cigarettes are ready to fight against the functional forces when they are detected and seized and gather people to put pressure to rob goods and disperse exhibits and rescue seized perpetrators.

Although smuggled cigarettes are no longer sold publically in the domestic market as before, the perpetrators are underhand to sell them at restaurants, hotels, bars, dance halls, coffee shops and retail cigarette cabinets, stores and pavement drink stores in unstable locations in streets and districts.

Places to store smuggled cigarettes are often residential areas which have many crossroads and alleyways and high levels of detention of many perpetrators. The main mode of trading is that perpetrators hide smuggled cigarettes at other places or in houses and transport them step by step to business locations in small quantities, so when being detected and seized in business locations, the amount of smuggled cigarettes is not large.

The National Steering Committee 389 frankly realized that although the results from anti-cigarette smuggling are higher than those before Directive No. 30, they do not still comply with the actual situations in the key areas.

The main reason is due to the terrain of the border provinces adjacent to Cambodia having length of hundreds of kilometers, flat terrain with intricate canal systems with many trails, the inspection, control and management of borders of functional forces has a lot of difficulties.

In addition, implementation of Decree No. 124/2015/ND-CP dated 19/11/2015 amending, supplementing and abolishing some articles of Decree No. 185/2013/ND-CP on regulations on criminal settlement for acts of trading, smuggling and transporting from 500 packs of cigarettes or more subject to criminal liability. Specifically, Clause 2, Article 25 of Decree No. 185 which was amended in Clause 22, Article 1 of Decree 124 stipulates that "For acts of trading in banned goods as smuggled cigarettes with amount of from 500 packs and more, the competent person who is handling the case must immediately transfer the case to the criminal procedure agency for criminal prosecution in accordance with the provisions of Article 62 of the Law on the Handling of Administrative Violations”.

However, Joint Circular No. 36/2012 / TTLT-BCT-BCA-BTP-BYT-TANDTC-VKSNDTC does not stipulate the responsibility for perpetrators violating the above cases due to Joint Circular No. 36 stating that: "For acts of trading, transporting or storing smuggled tobacco products, the determination of quantities as basis for criminal liability prosecution shall include: the amount from 1,500 pack to under 4,500 packs is considered as a large amount; the amount of 4,500 packs to under 13,500 packs is considered as a very large amount; and the amount from 13,500 packs or more is considered as an extremely large amount”

Before the situation of transporting, storing and trading illegally imported cigarettes is quite complicated with many serious tricks, nature, scale of violations, the key areas are Long An, Tay Ninh, An Giang, Ho Chi Minh City, Hai Phong, Quang Ninh, Hanoi, Quang Tri and Kien Giang.

The National Steering Committee 389 requests ministries, sectors and localities to further follow and implement Directive 30, especially the key areas should continue to develop plans in accordance with local realities to fight and push back smuggling activities; and strictly destroy the lines, groups, organizations of smuggling and illegal transportation of cigarettes crossing borders, and locations, warehouses and yards where people gather, hide and trade smuggled cigarettes in the domestic market

In which, propagating and encouraging people to raise their awareness of the harmful effects of smuggled cigarettes and loss of State budget revenues; Launching the movement of all people denouncing smuggled crimes and illegal business acts. The forces should enhance the exchange of information, coordinate to fight against smuggling and clarify the responsibility for locations and areas.