HCMC firm sues minister over import fines 

Last updated: 9/24/2010 16:45 

Minister of Industry and Trade Vu Huy Hoang

A private firm in Ho Chi Minh City has filed suit against Vu Huy Hoang, the Minister of Industry and Trade, saying that his lack of responsibility has caused losses of billions of dongs to the company.

Tam Dao Commerce and Production Company was fined by the city officials under a circular co-issued by the ministry. 

The company argues that the circular violates established laws.

According to the comlaint, on March 4 of last year, 760 electric generators imported by the company were seized by the HCMC market management officials, who said the company failed to present enough documents showing the origin of the shipment.

Local authorities fined the company nearly VND70 million (US$3,600). The fines were based on Circular No.12 (issued in 2007 by the Ministries of Industry and Trade, Finance, and Public Security) which says that a shipment will be labeled illegal if the importer fails to prove its origin 24 hours after it’s checked.

But Luu Quang Hai, director of the company, said the Ordinance for Punishing Civil Violations issued by the Ministry of Justice doesn’t have a 24-hour deadline.

So Hai filed his lawsuit with the HCMC People’s Court to force the Minister of Industry and Trade to abolish Circular No. 12 and to pay appropriate restitution.

He asked the minister to compensate the company VND2.5 billion ($128,500).

Minister Hoang told VnExpress that the circular was not issued by his ministry alone and he was not the one who signed it.

Hai's company filed its initial complaint with the city People’s Court on August 13 but the note was returned six days later. The court claimed the case is beyond its authority.

The lawsuit was then forwarded to different places including Chairman of the National Assembly Nguyen Phu Trong, and the State Inspectorate.

Hai had ammended the complaint to include frustrations about a lack of action from the city court, local news website VnExpress said Thursday.

Source: Thanh Nien