Destruction of contraband causes waste?
On May 19, the Department of Industry and Trade of Quang Tri province, the standing agency of the Provincial Steering Committee 389/DP confirmed, had just asked the People’s Committee of Quang Tri province to propose the Ministry of Industry and Trade to adjust a number of contents related to the handling illegal alcohol.
According to the Department of Industry and Trade of Quang Tri province, currently, according to Point b, Clause 1, Article 5 of the Joint Circular No. 36/2012/TTLT-BCT-BCA-BTP-BYTTANDTC-VKSNDTC of the Ministry of Industry and Trade, the Ministry of Public Security, The Ministry of Justice, the Ministry of Health, the Supreme People’s Court, the Supreme People’s Procuracy dated December 7, 2012 guiding the handling of violations related to trading in smuggled alcohol, tobacco products and tobacco ingredients Smuggled wine, which is confiscated in a violation case, must be destroyed in the following cases: The quantity is less than 100 product units.
Therefore, for cases of violations of smuggled alcohol, which are seized and confiscated, the quantity of less than 100 product units must be destroyed. While the majority of violations of smuggled alcohol seized and confiscated are less than 100 units of the product, which are often high economic value alcohol products, the destruction regulation for this case is not appropriate, wasteful.
For electronic goods in general (air conditioners, blenders, pressure cookers, steamers, juicers, dry irons, etc.) According to the provisions of the Law on Product Quality, goods and relevant legal documents must conduct product quality assessment before auctioning them to the consumer market. For food (granulated sugar, beer of all kinds, soft drinks, etc.) manufactured or smuggled by foreign countries, it is seized and confiscated according to the provisions of the Law on Food Safety and legal documents under the relevant laws. The agency must carry out food safety assessment before auctioning it to the market for consumption.
Although these regulations cause certain difficulties in the process of handling smuggled goods seized and confiscated (expertise costs are in some cases higher than those collected from the auction of exhibits). However, at present, it is still required to conduct inspection according to the provisions of law before organizing the auction to ensure quality as well as ensure food safety when bringing goods to the market.
In order to promptly remove difficulties and obstacles in handling material evidences of violations, especially in handling smuggled alcohol that is seized and confiscated in order to avoid waste; The Standing Body 389/DP asked the Provincial People’s Committee to propose the Ministry of Industry and Trade to adjust the contents of Point b, Clause 1, Article 5 of Joint Circular No. 36/2012/TTLT-BCT-BCA-BTP-BYTTANDTC-VKSNDTC In the direction of handling smuggled alcohol confiscated in a violation case with the quantity of less than 100 product units, the auction organization considers that the cost of quality assessment is lower than the funding obtained from the funeral auction. object. And of course, if the cost of quality assessment is higher than the cost obtained from the auction of exhibits, it will be destroyed.
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