A pair of antique imitation ceramic pedestals bought at auction in France are considered “used consumer goods”
The case file has two conflicting conclusions on the assessment of material evidences and antiquities.
The High People’s Court in Ho Chi Minh City, on appeal, canceled the administrative judgment assigned to the first instance level to re-settle the case of Mr. Pham Hoang Viet against the head of the Express Delivery Customs Branch, Ho Chi Minh City Customs Department related to a pair of ceramic pedestals bought at auction from France.
The jury found that the first instance level had not fully collected documents such as the Minutes of administrative violations dated May 15, 2019 as a basis for the Decision on handling administrative violations of the Courier Customs to confiscate ceramic pedestals. . At the same time, the first instance level has not yet taken the testimony of witnesses when making the administrative violation record and needs to take them to participate in the proceedings.
Notably, the case file has two conflicting conclusions on the assessment of exhibits and antiquities. The Heritage Management Office under the Department of Culture and Sports of Ho Chi Minh City concluded that the ceramic pedestal is a cultural item that is allowed to be circulated; while the Technical Center for Standards, Metrology and Quality 3 considers used goods, and prohibits import. These conclusions do not have enough grounds to make a decision, so it is necessary to call for expertise at a higher-level assessment agency.
Image of the results of the assessment of the pedestal. Photo: HS
According to the profile, in June 2018, Mr. Viet bought a pair of Cay Mai ceramic pedestals, belonging to the old Saigon pottery line from the 19th century, from the Asium auction house in Paris (France) and asked his relatives to move to Ho Chi Minh City. The transportation is through TNT Express Worldwide Co., Ltd., Ho Chi Minh City Branch.
On August 13, 2018, the pair was transferred to Tan Son Nhat airport, for physical inspection of the shipment, the Express Delivery Customs Branch did not allow customs clearance due to “used consumer goods, prohibited from import”. “.
The results of the inspection survey of the Import-Export Cultural Products Inspection Department, the Department of Culture and Sports of Ho Chi Minh City determined “a pair of colorful glazed ceramic pedestals, the old Saigon style of pottery used for decoration, and antique imitations. , simulating a temple, showing a human figure and a guardian deity are goods allowed to be imported”, not violating Decree 32/2012 of the Government on the management of import and export of cultural products for non-commercial purposes. business.
However, later, the Technical Center for Standards, Metrology and Quality 3 deemed “used goods, on the list of prohibited imports” according to Circular 12/2018 of the Ministry of Industry and Trade.
Mr. Viet complained about the decision to temporarily seize the two pedestals and the assessment results, but he could not. According to the Customs Sub-Department, Mr. Viet had an act of importing goods on the list of goods banned from import, violating Clause 10, Article 14 of Decree 127/2013 of the Government.
After that, Mr. Viet sued the Director of the Express Delivery Customs Sub-Department to the People’s Court of Ho Chi Minh City to request the cancellation of the decisions on temporary seizure of documents and exhibits; decided to confiscate the material evidence and request for customs clearance of the couple.
According to the petitioner, the purpose of banning the import of used foreign-traded goods is to protect the environment and domestic industries against goods of the same type, poor quality, and low price. In your case, the goods are cultural souvenirs, non-commercial, the quantity is only one, so the handling by the customs authorities is not understanding, reasonable and contrary to the law. law.
In the first instance trial, in June 2020, the People’s Court of Ho Chi Minh City rejected Mr. Viet’s request to sue because the imported shoes were “used goods on the banned list”.
at Blogtuan.info – Source: 24h.com.vn – Read the original article here