Directive 30/CT-TTg on enhancing the tobacco smuggling

THE PRIME MINISTER

Directive No.30/CT-TTg dated September 30, 2014 of the Prime Minister enhancing the tobacco smuggling

Over the past period, ministries, authorities and local governments have stepped up efforts to fight against tobacco smuggling, trafficking, concealment and trading in illegally imported tobacco and have represented remarkable achievement. However, the developments in the tobacco smuggling, trafficking, concealment and trading in illegally imported tobacco have still occurred seriously, especially in the provinces and cities below: Quang Tri, Tay Ninh, Long An, Dong Thap, An Giang, Kien Giang, Ho Chi Minh, Da Nang, Hai Phong, Quang Ninh…which causes serious damage to the domestic production and affects public health. The primary reasons of that development are some people show lack of awareness of compliment with law; the tobacco smuggling makes a greater “profit” than other products; there is not close cooperation among competent authorities in inspection; the penalties are not tough enough, and the propagation does not attract the support of the people.

In order to gradually stop and tackle the tobacco smuggling, trafficking, concealment and trading of illegally imported tobacco, the Prime Minister orders:

1. The Ministry of National Defense must:

a) Direct the Border guard forces to enhance the patrol in the border area, in order to quickly detect and tackle with entities who smuggle, conceal and traffic illegally imported tobacco (hereinafter referred to as smugglers); cooperate with competent authorities in enhancement of propagation in order the for inhabitants of border areas not to abet the smugglers in trafficking and trading in illegally imported tobacco, and control the regular participants in trafficking of illegally imported tobacco in the border areas.

b) Direct the Marine police forces to enhance the patrol to detect and capture tobacco smugglers, eliminate the smuggling routes and smuggling gangs who traffic illegally imported tobacco at sea; especially major territorial waters; quickly detect and tackle with smuggling as prescribed.

c) Enhance the cooperation among Ministries, authorities and competent agencies in situation assessment and information exchange in order to make a plan for a close cooperation in inspection and stopping the developments of tobacco smuggling in the border areas on land or at sea.

2. The Ministry of Finance must:

a) Direct the Customs service forces to closely control the trafficking of smuggled tobacco through checkpoints, two wings of checkpoints, control area of the customs, and launch the investigation on fight against tobacco smugglers, tobacco smuggling routes and gangs (hereinafter referred to as tobacco-smuggling entities)

b) Enhance the information exchange among relevant Ministries, authorities and competent agencies about the developments, methods and ruses of tobacco-smuggling entities on the major routes or administrative divisions.

c) Examine and provide mechanism for providing finance in order to encourage entities to detect, stop, capture, and provide information to the competent authorities.

3. The Ministry of Public Security must:

a) Direct the Economic police forces, Security police forces and Investigation agencies to enhance the investigation and reconnaissance in order to assess the situation, launch the investigation, and eliminate the routes, gangs, wholesalers who trade illegally imported tobacco to serve prosecution.

b) Direct the Traffic police forces to cooperate with competent agencies in patrol and control in order to quickly detect and tackle with entities who traffic illegally imported tobacco on road, railway, and waterways.

c) Direct the Police of central-affiliated cities and provinces to cooperate with local governments in measures to raise the awareness of, careful management of, and strict tackling with participants in trafficking of illegally imported tobacco.

4. The Ministry of Industry and Trade must:

a) Direct the Market control forces to enhance the management of domestic market, regularly inspect wholesale or retail outlets of the illegally importer tobacco in order to quickly detect and tackle with violators; cooperate with the Police forces in inspection at such outlets.

b) Take charge and cooperate with relevant authorities in amendments to the Joint Circular No. 36/2012/TTLT-BCT-BCA-BTP-BYT-TANDTC-VKSNDTC dated December 7, 2012 on decreasing the amount of packs of illegally imported tobacco as the basis for criminal prosecution.

5. The Ministry of Information and Communications must:

a) Cooperate with the National Steering Committee 389, ministries, authorities, and local governments in propagation in order for the people to understand, concur with the policies, and not to abet smugglers in tobacco smuggling.

b) Direct the communications and press agencies to propagate the harm of tobacco, especially illegally imported tobacco (due to failure of quality control) towards public health; criticize and condemn the acts of violation; praise entities having excellent performance during the course of tobacco smuggling prevention.

6. People’s Committee of central-affiliated cities and provinces must:

a) Direct the districts, towns, and competent authorities in the administrative division to fight, quickly detect and strictly tackle with acts of smuggling, trafficking, concealment and trading in illegally imported tobacco; the local governments of the administrative divisions where tobacco smuggling occurs are totally responsible. The Presidents of People’s Committees of central-affiliated cities and provinces must take responsibility towards the Prime Minister for the developments of tobacco smuggling in their provinces.

b) Enhance the organizational structure, provide necessary equipment for the competent authorities ensure finishing their assignments.

c) Make a plan or planning for economic development and job creation in order the inhabitants of border areas to settle down and not to take part in smuggling. Take measures to raise the awareness of and manage the participants in trafficking of illegally imported tobacco.

7. Vietnam Tobacco Association must cooperate with Ministries, authorities, local governments, and competent agencies in information exchange and provision about smugglers; manufacture the tobacco products in accordance with consumers in each region in order to meet the demand of domestic and exporting market.

8. The National Steering Committee 389 must:

a) Expedite the Ministries, authorities, local governments, and competent agencies in implementation of the Directive of the Prime Minister on enhancement of tackling tobacco smuggling.

b) Cooperate with Steering Committee 389 of Ministries, authorities, and local governments in giving commendations to individuals or groups of individuals who have excellent performance in the tackling tobacco smuggling.

c) Supervise and request the Head of the National Steering Committee to issue warnings and take disciplinary actions against individuals or groups of individuals responsible for prolonged existence of local tobacco smuggling; take actions against the entities that abet in smuggling, concealment, and/or sale of illegally imported tobacco.

d) Submit quarterly and biannual reports on the implementation of this Directive to the Prime Minister.

9. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of the People’s Committee of central-affiliated cities and provinces, and relevant entities shall take responsibility for the implementation of this Directive within their competence./.

For the Prime Minister

The Deputy Minister

Nguyen Xuan Phuc