Resolution No. 41/NQ-CP dated June 09, 2015 of the Government stepping up the fight against smuggling, trade frauds and counterfeits in new situation

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Resolution No. 41/NQ-CP dated June 09, 2015 of the Government stepping up the fight against smuggling, trade frauds and counterfeits in new situation
Issuing body: GovernmentEffective date:
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Official number:41/NQ-CPSigner:Nguyen Tan Dung
Type:ResolutionExpiry date:Updating
Issuing date:09/06/2015Effect status:
Known

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Fields:Commerce - Advertising , Policy , Public order

SUMMARY

To annul regulations on incentives of VAT, import taxes in the next time

 

Smuggling, illegal transport of goods across the border, trade frauds and counterfeits remain complicated with sophisticated trickeries associated with corruption causing loss to state budget and natural resources, imposing negative impacts on environment of investment, trading and international integration..On June 09, 2015, the Government issued the Resolution No. 41/NQ-CP stepping up the fight against smuggling, trade frauds and counterfeits in new situation.

At the Resolution, the Government requires the Ministry of Finance to cooperate with the Ministry of Industry and Trade and relevant agencies in making submission to the Prime Minister for amendments and supplements to the Decision No. 72/2013/QD-TTg dated November 26, 2013 regulating financial policies toward border-gate economic zones; annul regulations on incentives of VAT, import taxes that are currently taken advantage of for frauds that cause loss to the state budget before July 31, 2015; reinforce management of taxable prices, post-customs clearance inspections, investigation and inspection of taxes; take comprehensive and drastic measures to fight loss of revenue and budget; discover and strictly deal with acts of price transfer and other trickeries for tax evasion and budget appropriation.

The Ministries, sectors and localities and functional forces need to consolidate the forces that are participating in the fight against smuggling, trade frauds and counterfeits in a concentrated and profound way, define responsibility by administrative division, field, heighten responsibilities of leaders; strictly deal with officials and public servants who show signs of collusion, ignorance or other negative signs in their duties, ensure internal strength to meet requirements of the task.   Promptly make checks, supplements and amendments, or formulate and promulgate regulations and processes on rotation, change of positions of officials and public servants in functional forces, especially sensitive positions where corruption is easy to arise. This must be completed before September 30, 2015 for execution.

At the same time, regularly carry out propaganda and dissemination of the law provisions to enhance awareness and responsibility of officials, public servants and people toward the fight against smuggling, trade frauds and counterfeits; Content of propaganda must be diversified, appropriate and widely influential; make public announcement of results of investigation and handling on mass media for deterrence and prevention in general….
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Effect status: Known

THE GOVERNMENT

Resolution No. 41/NQ-CP dated June 09, 2015 of the Government stepping up the fight against smuggling, trade frauds and counterfeits in new situation
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Government’s Decree No. 08/2012/ND-CP dated February 16, 2012 promulgating governmental working regulations
Based on suggestions from the Governmental members and conclusions given by the Prime Minister in regular governmental meeting session in May 2015;
RESOLUTION:
I. ASSESSMENT OF SITUATIONS
In recent years, the fight against smuggling, trade frauds and counterfeits have drawn attention and interest of the Communist Party and State. Ministries, sectors, localities and functional forces and people have actively been involved in the fight and have achieved important results, making significant contribution to stabilizing and speeding up production, trading, increasing state budget revenue, ensuring security, order and protection of interests of people. Particularly as the Prime Minister promulgates the Decision No. 389/QD-TTg dated March 19, 2014 establishing the national steering committee for the fight against smuggling, trade frauds and counterfeits (National Steering Committee 389), this task has shown significant changes and initially achieved positive results. Awareness of authorities and branches have been enhanced, roles and responsibilities of functional forces heighten.
However, the fight against smuggling, trade frauds and counterfeits has not been effected fundamental changes. Smuggling, illegal transport of goods across the border, trade frauds and counterfeits remain complicated with sophisticated trickeries associated with corruption causing loss to state budget and natural resources, imposing negative impacts on environment of investment, trading and international integration; counterfeits, poor quality products, goods of unclear origin in a variety of categories have been displayed for sale, especially imported tobacco and items imposing direct effects on human health have not yet been driven back.
Situations mentioned above result from a lot of reasons, particularly some ministries, departments, local authorities and functional forces have not really paid adequate attention to participating, directing and mobilizing the synergy of society into the fight against smuggling, trade frauds and counterfeits. This partly comes from ignorance and relaxation of management and fighting by some corrupt officials, public servants who take advantages of positions and powers to protect and join hands with smugglers, trade frauds and counterfeit traders. Legal system and policies show much insufficiency and weakness with supplements and amendments being sluggishly made. Coordination proves ineffective and lacks comprehension. Task of information communication shows a lot of constraints. Investigation and handling of smuggling, trade frauds and counterfeits are not objective and strict enough. Production of goods is yet to meet demand. Part of population in border area, remote area or areas facing economic difficulties is involved in smuggling and illegal transport of goods across the border.
II. SOME MAIN DUTIES AND SOLUTIONS
In order to bring into play the synergy of society and effect fundamental changes in the fight against smuggling, trade frauds and counterfeits in the coming time, the Ministries, sectors and localities and functional forces need to be clearly aware of harmful effects of smuggling, trade frauds, production and circulation of counterfeits on socio-economic development, security and order, safety of communities and health of people, put forward appropriate measures and organize the implementation resolutely and effectively. To do that, the following duties and solutions must be focused:
1. To be fully aware of the law provisions, the Prime Minister’s instructions, National Steering Committee 389 for fighting smuggling, trade frauds and circulation of counterfeits; Identify the fight against smuggling, trade frauds and counterfeits as one of the important and constant political objectives of the ministries, sectors and localities of all levels and focus on three fronts: smuggling, trade fraud and counterfeits, try not to leave “restricted area” in this task.

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