Fireworks still “cross the border” illegally

VCN- At the time leading up to the Lunar New Year, in the province of Lang Son, fireworks are often smuggled across the border. The smugglers stop at nothing to transport the prohibited goods because of high profit at that time.
fireworks still cross the border illegally
48kgs of fireworks evidence found by the Chi Ma Border Gate Customs Branch on August 19th. Photo is provided by the Chi Ma Border Gate Customs Branch

Exchanging on the situation of illegal fireworks transportation through the border gates in recent years, leaders of the Chi Ma Border Gate Customs Branch, Coc Nam and Tan Thanh – the Lang Son Customs Department agreed that: This was the time when smugglers will find any means to transport all types of fireworks into Vietnam. Although this was is the onlytime of high fireworks demand, it is time for a good deal, smugglers buy and transport inland, then store to sell at a suitable time.

In recent years, the anti-smuggling forces of Lang Son Customs have discovered and seized many smugglers of fireworks. Because this is a highly profitable commodity, the smugglers often change trading and transporting methods, so the fight and prevention against smuggling by the functional forces face many difficulties. In particular, the smugglers take advantage of people on the border communes near to the border gate areas to hire illegal transportation. Due to difficult circumstances, some border residents of the Yen Khoai commune (Loc Binh), Tan Thanh commune (Van Lang) take part in illegal fireworks transporting.

Mr. Nong Van Vinh, Deputy Director of the Lang Son Customs Department said, only in last August and September, the anti-smuggling Customs force discovered and arrested many cases of illegal fireworks transportation, seized 77.6 kg of fireworks of all kinds. It showed that the illegal fireworks trading “cartels” have boosted activities, methods and tricks which were mainly transportation through trails, two sides of the border areas, and fireworks storage and concealment on export – import goods vehicles, through the border gates.

A representative of the Tan Thanh Customs Branch added that at the moment, the Anti-Smuggling Task Team of the Branch had arrested two cases, with 2 persons transporting fireworks illegally across the border in one day. Fireworks were inside fruit boxes and transported in fruit trucks across the border.

Statistics show that, from the beginning of the second quarter to now, the units of the Lang Son Customs Department have detected and handled 15 cases of illegal fireworks transportation, and seized 265.2 kgs of fireworks of all types. On August 19th, in the area of mile marker 1237, mile marker 1238 in Tu Mich commune, the Anti – Smuggling Control Team, the Chi Ma Border Customs Branch cooperated with the Police Team of economic and drug crime investigation, and the Loc Binh District Police to track, and discover 48kgs of fireworks made in China, in sacks that smuggler was transporting. In the headquarters of the Loc Binh District Police, the person confessed she was Dang Thi Nhung, born in 1984, residing in rural Co Peo, Ai Quoc commune, Loc Binh district, Lang Son province, she was given money by an unnamed person to buy fireworks in China, then transport for use in Thai Nguyen.

On September 10 2016, the Tan Thanh Customs Branch, in collaboration with PC45- the Lang Son District Police arrested and handled persons Nguyen Van Quang and Phung Van Bien, of Bac Giang, while transporting 9 kgs of illegal fireworks into Vietnam.

These examples are just 2 of the many illegal fireworks transportation cases arrested by the functional forces. Through exchange with this reporter, the representative of the Lang Son Customs Department said that the detection and arrest of illegal fireworks trading and transporting acts was not easy, because the methods of the fireworks smugglers were becoming increasingly sophisticated, the illegal fireworks were divided into several stages, and transported in the dark. Many dangerous kinds such as egg cannons, grenade cannons, throwing fireworks, mortars... were hidden in goods in passenger cars, the smugglers gave vehicle owners telephone numbers to contact, in order to leave evidence if they were discovered. After receiving the “Order”, the leader contacts the fireworks suppliers by telephone to appoint a place, time and method of delivery. When they are arrested, the functional forces find it very difficult to identify the owners. The arrests also show that in many cases, the arrested persons were the rented shippers for the owners…

By understanding the provisions of the law, so that, in order to avoid criminal prosecution, the smugglers often transport less than 10 kg of fireworks (as prescribed, shipping 10 kg or more will result in criminal prosecution - reporter) and split into small packets to share between many people across the border. When over the border, the owners collect and put into domestic consumption in different ways.

To deal with illegal fireworks purchasing, storing and transporting across the borders, Mr. Nong Van Vinh - Deputy Director of Lang Son Customs Department said, since last August, the Lang Son Customs force in coordination with Border, Police of border districts and communes have regularly reviewed villages which citizens work across Chinese borders to propagate and mobilize them “say no to fireworks”, not to lend a hand and transport fireworks across the border. Together, with determination to fight and prevent these prohibited goods entering Vietnam, Lang Son Customs has used many professional measures, often enhanced control patrol forces in the trails, shortcuts, and set up barricades in the border gate areas.

Fireworks smuggling: from fine to imprisonment

Point b and d, Part 1, Section III of Joint Circular No. 06/2008/TTLT-BCA-VKSNDTC-TANDTC stipulates: Fireworks from 10 kg to 50 kg (considered large numbers): offenders will be prosecuted for criminal liability in accordance with Clause 1 Article 153 of the Criminal Code (a fine from 10 million VND to 100 million VND or imprisonment from 6 months to 3 years) or Clause 1 Article 155 of the Criminal Code (a fine of 5 million VND to 50 million VND or imprisonment from 6 months to 5 years). Fireworks from 50 kg to less than 150 kg (considered very large number): Offenders will be prosecuted for criminal liability in accordance with Clause 2 Article 153 of the Criminal Code (imprisonment from 3 to 7 years) or Clause 2 Article 155 of the Criminal Code (imprisonment from 3 years to 10 years). Fireworks of 150 kg or more (considered particularly large amount): Offenders will be prosecuted for criminal liability in accordance with Clause 3 Article 153 of the Criminal Code (imprisonment from 7 to 15 years) or Article 155 (imprisonment from 8 years to 15 years).

Also according to the provisions of Clause 4, Article 10 of Decree 167/2013/ND-CP on handling administrative violations in the field of social security, order and safety; social evil prevention; fire prevention; domestic violence prevention, a fine of 5 million VND to 10 million VND for one of the explosive material purchasing acts; illegal fireworks and fireworks powder production, stockpiling, purchasing, and transportation.

Acts of fireworks purchasing in accordance with Article 10 of Decree 185/2013/ND-CP of the Government on handling administrative violations in commercial activities, manufacturing, trading in counterfeit goods, prohibited goods and protection of consumer interests, can be sanctioned at the lowest level which is a caution or a fine of 5 thousand VND in case of prohibited goods valued at less than 1 million VND and more; The highest level sanction is 100 million VND in the case of prohibited goods valued at 100 million vnd or more without being prosecuted for criminal liability. Fireworks manufacturing can be sanctioned for administrative violations at 2 times as much as the fines prescribed for trafficking in fireworks. Those who commit violations are also subject to additional penalties: confiscation of violation exhibits and means.

By Đao Le - Mai Loan / Binh Minh

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