Who is the true owner of the imported speakers?

VCN  - Regarding the loudspeaker shipment with fraudulent Vietnamese origin, the Customs and the Supreme Procuracy have agreed to prosecute criminal cases. Tran Vuong Import and Export Co., Ltd was named after the import declaration, but who is the true owner of this shipment?
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A lot of Chinese loudspeakers with Vietnamese labels. Photo: T.H


Chinese goods, labeled in Vietnam

In September 2018, the Southern Anti-Smuggling Control Team (Team 3) - The Anti-Smuggling Investigation Department, the General Department of Customs in coordination with Saigon Port Border Gate Customs Department in area 1 checked and seized keep this shipment of speakers at Cat Lai port.

The shipment was opened by Tran Vuong Import Export Co., Ltd, declaring to import loudspeakers with sound recording and reproducing machine 35, without trademark; new 100%. The shipment consisted of 601 pieces, made in China, valued at over US $ 10,000.

On inspection of the shipment, Customs authorities discovered 600 units packed in each box. It is worth mentioning that the shipment is imported from China, businesses also declare goods originating from China, but on the whole product are shown goods originating from Vietnam (Made in Vietnam).

Specifically, on the cargo container "NANOMAX Speaker; Son Tung Construction and Electronic Joint Stock Company, headquarter: 83/5 Thoai Ngoc Hau - Hoa Thanh Ward - Tan Phu District - Ho Chi Minh City; Certificate of registration of trademark number VN4-0082480; Made in Viet Nam."

According to the testimony of Mr. Tran Thanh Tung, Director of Tran Vuong Import-Export Co., Ltd. (referred to as Tran Vuong Company), the above-mentioned loudspeaker shipment was imported by Tran Vuong Company to Electronic Construction Joint Stock Company of Son Tung (hereinafter referred to as Son Tung Company) under the contract signed between the two parties.

The ordering and printing of contents on the speaker packaging was proposed by Son Tung Electronic Construction Joint Stock Company. Thus, it is possible to understand the contents written on imported products, namely carton boxes for speakers and Vietnamese recording microphone: "NANOMAX Speaker; Son Tung Construction and Electronic Joint Stock Company, headquarter: 83/5 Thoai Ngoc Hau - Hoa Thanh Ward - Tan Phu District - Ho Chi Minh City; Certificate of registration of trademark number: VN4-0082480; Made in Vietnam" is the main part of Son Tung Electronic Construction Joint Stock Company.

Explaining the above labeling, Director of Tran Vuong Company said that he knew about the printing before importing but misunderstood it as an additional label on the product.

Contradictory testimony

Talking to reporters from Customs Newspaper, an officer of Team 3 who participated in investigating the case said the testimony of the two directors, as well as the documents provided to the Customs agency demonstrated many conflicts and no identical testimony. The results of the initial investigation by the customs authorities show that there are signs of making fake Vietnamese brands from abroad.

Mr. Nguyen Van Chuong, Director of Son Tung Company, said that the company ordered the mobile speaker shipment of Tran Vuong Company and proposed Tran Vuong Company to affix the NANOMAX trademark according to the form. But because Tran Vuong Company did not understand or mistakenly put it on the packaging of "Made in Vietnam" from China instead of "Made in China"

tin nhap 20190724143444
Goods imported from China, but on the product specify Vietnamese goods (Made in Vietnam). Photo: T.H

On the side of Son Tung Company, the director of this company also affirmed to sign the entrustment contract for Tran Vuong Company to import loudspeaker shipment of customs declaration No. 102111205230 / A11 dated 12/7/2018 above. But the given reason is that when importing this shipment, Tran Vuong Company lacked relevant papers to supplement customs documents. Therefore, Mr. Tung asked Son Tung Company to sign the above entrustment contract and Son Tung Company has agreed to sign this contract to supplement the dossier for Tran Vuong's import shipment.Affirming the above shipment of imported goods entrusted to Son Tung Company, the representative of Tran Vuong Company provided the Customs agency with a copy of the Certificate of Enterprise Establishment named Tran Vuong Company; Certificate of business establishment named Son Tung Company; Entrusted import and export contract was entrusted by Son Tung Company (original) and copy of Trademark Registration Certificate No. 82480 issued by Intellectual Property Department - Ministry of Science and Technology for NANOMAX loudspeakers.

However, a few days later Mr. Tung requested to withdraw the trust contract provided to Team 3 for the following reasons – Tran Vuong Company entered the shipment under declaration No. 102111205230 / A11 dated 12/7/2018 for the purpose of entering loudspeaker products which are not finished and expected to be sold to Son Tung Electronic Construction Joint Stock Company but due to the wrong supply of the trust contract earlier signed with Son Tung Company. "Actually, this is a shipment of Tran Vuong Company to enter business, not for entrustment," Mr. Tung said.

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Mr. Tung also gave the reason that the above-mentioned loudspeaker shipment was mistakenly sent by Chinese enterprises. The seller had a letter to the enterprise informing the wrong delivery and requesting to receive the wrong shipment.

Thus, the true owner of the fake Chinese goods imported to Vietnam will be clarified by the authorities.

By Chi Hieu/Bui Diep

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