Moving assets as confiscated exhibits
The Lang Son Customs Department organizes the destruction of material evidence. Photo: H.Nu. |
According to the General Department of Vietnam Customs, the management and disposal of assets subject to State ownership are specified in Government’s Decree 29/2014 / ND-CP regulating the authority and procedures for State ownership of property and the management and disposal of assets established by the State; Circular 159/2014 / TT-BTC guiding the implementation of some contents of Decree 29/2014 / ND-CP; Decree 115/2013 / ND-CP regulating the management and preservation of material evidence and means used in administrative violations which have been temporarily seized or confiscated in accordance with administrative procedures.
However, in order for local Customs units to carry out assigned tasks, after consulting with the Public Property Management Department of the Ministry of Finance, the General Department of Vietnam Customs shall guide the transfer of properties being material evidences and means used in the violations to the specialized management agency for processing or transferring it to other State agencies, organizations or units for using.
Accordingly, assets transferred to specialized management agencies for processing or transferring to agencies, organizations or units for using are specified in Clauses 1 and 2, Article 18 of Decree No. 29 / 2014 / ND-CP; Article 5 and Clause 1, Clause 2, Article 7 of Circular 159/2014 / TT-BTC.
Within 3 working days from the date of issue of the confiscation decision, the Customs Branches, the Customs Branch of post-clearance audits, the Customs department of the province or city , the Department of Anti-smuggling and Investigation Department and the Customs Post-Clearance Audits Department shall have to send the confiscation decisions and notices on types, quantity, volume and present status of the confiscated property to the Public Asset Management Department (the Ministry of Finance) to synthesize and report to competent authorities for decision. At the same time, they should be sent to the General Department of Vietnam Customs for monitoring, management, and statistical services if necessary.
Within 5 working days from the date of receiving the transfer decisions to the Ministry of Finance, the units of the confiscation decision-issuing agencies, including the Customs Branches, the Customs Branch of post-clearance audits, the provincial / inter-provincial Customs Departments, the Anti-Smuggling and Investigation Department and the Customs Post-Clearance Inspection Department shall have to transfer the property and all property-related dossiers to the specialized management agency to coordinate with the financial agencies to transfer.
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In addition, asset reception is established in the minute form 02 / BBCG issued with Circular 159/2014 / TT-BTC. Particularly for specimens of forest animals specified in Group IB of the list of endangered, precious and rare forest animals and the list of endangered precious and rare species prioritized for protection; Specimens of wild animals specified in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall comply with separate guidance of the General Department of Vietnam Customs.
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