THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 01/2015/NĐ-CP | Hanoi, January 2, 2015 |
DECREE
SPECIFYING CUSTOMS AREAS; RESPONSIBILITY FOR COLLABORATION IN PREVENTING AND CONTROLING SMUGGLING AND ILLEGAL TRANSPORTATION OF COMMODITIES ACROSS BORDERS
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on Customs dated June 23, 2014;
After considering the request of the Minister of Finance,
The Government hereby promulgates the Decree on specifying customs areas; responsibility for collaboration in preventing and controlling smuggling and illegal transportation of commodities across borders.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
This Decree shall specify customs areas; responsibility for collaboration between customs authorities and relevant regulatory agencies or the People’s Committees at all administrative levels in preventing and controlling smuggling and illegal transportation of commodities across borders.
Article 2. Scope of application
1. Customs authorities and officers.
2. The Police, the border guard, the coast guard, the markets authority, all-level People’s Committees and other relevant agencies charged with preventing and controlling smuggling and illegal transportation of commodities across borders.
3. Organizations or individuals that have rights and obligations concerning export, import and transshipment of goods; exit, entry and transit of means of transport.
Chapter II
SPECIFIC CUSTOMS AREAS
Article 3. Specific customs areas designated at land or inland waterway border areas
Specific customs areas designated at land or inland waterway bordergates means areas with boundaries defined at a bordergate opened on the road or inland waterway route within land border areas as stipulated in the Appendix enclosed herewith.
Article 4. Specific customs areas designated at international railway stations located in inland bordergates
Specific customs areas designated at international railway stations located at inland bordergates shall be composed of the following facilities:
1. Rail terminals used for incoming or outgoing trains; inbound and outbound passenger checkpoints; rail stations, imported, exported or in-transit goods warehouses.
2. Yards and zones used for incoming and outgoing international transmodal trains, and imported, exported and in-transit goods transportation services.
3. Areas where international transmodal trains have not yet cleared customs, and are undergoing the customs supervision and control.
Article 5. Specific customs areas designated at international civil airports
Specific customs areas designated at airports designed for international transportation are specific boundaries of these airports specified in the decision on planning approval granted by the Prime Minister or the Minister of Transport, including:
1. Terminal areas of passengers, imports or exports.
2. Duty-free shopping mall.
3. Cargo handling, transloading areas, and imported or exported air cargo storage yards; warehouses used for storing cargo, checked luggage, lost or unclaimed baggage of inbound or outbound passengers.
4. Airplane parking lots.
5. Zones used for fuel storage and supply, ground support equipment, airplane repair and maintenance.
6. Service roads.
Article 6. Specific customs areas designated at seaports, inland waterway harbors designed for export, import, entry, exit or transit operations
Specific customs areas designated at seaports, inland waterway harbors designed for export, import, entry, exit or transit operations shall be composed of the followings:
1. Perimeter starting from the offshore outer boundary of the navigable waters through which incoming or outgoing goods are put under the customs supervision to the boundary of port gates, specifically including storage yards, wharfs, warehouses, administrative and service areas, and pre-wharf, anchorage, transloading, storm sheltering waters, and adjacent ports waters and in-transit shipment waters.
2. Pilot embarkment or disembarkment station and areas used for anchoring incoming, outgoing and in-transit ships before entering seaports, inland waterway harbors, or for transloading, and shipping channels leading from the abovementioned areas to seaports or inland waterway harbors.
Article 7. Specific customs areas designated at international post offices
Specific customs areas designated at international post offices refer to areas located at points of postal service for imported, exported or stored posts from/to foreign countries in accordance with the International Agreements of the Universal Postal Union and regulations on posts in the Socialist Republic of Vietnam.
Article 8. Specific customs areas designated at regions outside of bordergates
Specific customs areas designated at regions outside of bordergates refer to venues for customs clearance, supervision, control or physical verification of cargos in accordance with legal regulations on customs, including:
1. Customs office.
2. Industrial zones, border-gate economic zones where enterprises manufacture and trade goods under the customs supervision and control; free trade zones, processing and exporting zones; office and goods warehouses of exporting and processing enterprises; customs preference-given areas; areas used for express delivery of imports or exports.
3. Ports of entry or exit of cargos established in domestic areas, container freight stations; bonded warehouses, tax-suspension warehouses, or yards used for storing imported, exported or in-transit cargos managed by shipping organizations specializing in trading and forwarding imported, exported and in-transit goods.
4. Sea or river offshore areas, land-covered areas where means of transport anchor, park or move for the purpose of carrying imported or exported cargos, and where means of transport enter, exit or transit; cargos or means of transport in the process of transloading, bordergate movement and transit are waiting for customs clearance and put under the customs inspection, supervision and control.
5. Offices of customs declarants provided during the customs clearance process, including workplace, factory, points of service, storage yards, warehouses, and areas used for keeping, storing, leasing and sending imported or exported cargos of customs declarants.
6. Warehouses used for storing duty-free goods, duty-free goods shops located in domestic areas to serve the purpose of selling goods to inbound or outbound passengers.
7. Areas currently used for organizing fairs or exhibitions or promotion events for temporarily imported or reexported goods.
8. Areas or locations for physical verification of imported or exported products used at manufacturing facilities or project sites.
9. Concentrated inspection places specified in the decision of the Director of the General Department of Customs.
10. Areas or venues for joint inspection between Vietnam Customs and others in neighboring countries located at land bordergates within the Vietnam’s territory in accordance with the International Agreements to which Vietnam is a signatory.
11. Areas used for storing imported or exported cargos put under the customs supervision.
12. Areas where means of transport currently carrying goods subject to the customs supervision and control are running on routes.
Article 9. Customs areas designated at other regions
Customs areas designated at other regions that meet state management requirements, or are allowed to import, export or transit cargos, or allow means of transport to enter, exit or transit, and are established under the Prime Minister's decision refer to the boundaries of areas or venues specified in the Prime Minister's establishment decision.
Chapter III
RESPONSIBILITY FOR COLLABORATION BETWEEN CUSTOMS AUTHORITIES, RELATED AGENCIES AND COMMUNAL PEOPLE’S COMMITTEES IN PREVENTING AND CONTROLING SMUGGLING AND ILLEGAL TRANSPORTATION OF COMMODITIES ACROSS BORDERS
Article 10. Principles of collaboration in preventing and controlling smuggling and illegal transportation of commodities across borders
1. Collaboration in preventing and controlling smuggling and illegal transportation of commodities across borders must stick to the principle of promptness, timeliness, efficiency and mutual agreement within the function, responsibility and power of each agency.
2. Regulatory agencies shall be responsible for collaborating in ensuring that only one agency shall be charged with mainly taking charge of implementation, avoid any errors, overlapping and concurrently causing any difficulty in normal operations of other regulatory agencies.
3. In the course of collaboration, if there is any difficulty that may arise, related regulatory agencies shall directly consult with each other to find resolution on the basis of legal regulations; in case of disagreement, this shall be reported to the direct management of each agency so as to take appropriate measures. If Heads of Ministries, departments or People’s Committees of centrally-affiliated cities and provinces fail to come to an agreement, the Prime Minister shall be informed to consider it and issue proper decisions.
Article 11. Contents of collaboration in preventing and controlling smuggling and illegal transportation of commodities across borders
1. Information exchange.
2. Patrol, inspection, examination and chase and stop of means of transport.
3. Violation prevention, investigation and settlement.
4. Professional training and development.
5. Propagation and dissemination of legal knowledge and policies.
Article 12. Responsibilities of in-charge and collaborative agencies
1. When customs authorities take charge of preventing and controlling smuggling and illegal transportation of commodities across borders in accordance with the regulations laid down in the Law on Customs:
a) In-charge customs authorities shall be responsible for preparing human force, means of transport, material conditions and applying measures to carry out prevention, impoundment, inspection and settlement; assigning specific tasks to collaborative agencies within their functions, duties and powers and assisting these agencies in completing their assigned task;
b) Collaborative agencies shall be responsible for complying with requirements for their collaboration; arranging human force, means of transport and supporting tools required by customs authorities within their functions, duties and powers.
2. Responsibilities of customs authorities for collaboration with relevant agencies shall include supporting human force and means of transport upon request; inspecting goods, means of transport within their assigned functions, duties and powers; performing other duties as assigned by the in-charge agency in accordance with the regulations laid down in the law on customs.
Article 13. Collaboration on information exchange
The customs authority, the police, the Border guard, the Coastguard, markets authority and specialized inspection, examination and control forces of relevant agencies within their functions, duties and powers shall be responsible for exchanging and providing information relating to smuggling and illegal transportation of goods across borders, including:
1. Information about violations or impounded goods; new methods and trends of commission of violations concerning smuggling and illegal transportation of goods across borders.
2. Information about the results of smuggling and illegal transportation of goods in the domestic market.
3. Information about the criminal network, gang, route and troubled localities concerning smuggling and illegal transportation of goods across borders.
4. Information about smuggled goods, and suspects committing smuggling and illegal transportation of goods across borders.
5. Information about violations which have been discovered and handled, including: Violation-committing organizations or individuals; names, types and origin of impounded goods; ports or border areas where goods enter into domestic areas and shipping routes; methods and trends of smuggling and illegal transportation of goods across borders.
Information exchange, supply and confidentiality must conform to legal regulations.
Article 14. Collaboration on patrol, examination, inspection, chase and stop of means of transport
1. Customs authorities shall be responsible for collaborating with relevant regulatory agencies on patrol, examination carried out on border routes and areas and troubled localities in domestic areas so as to find out suspects, networks and gangs committing smuggling and illegal transportation of goods across borders.
2. The border guard shall be responsible for cooperating and assisting customs authorities in patrol, examination, inspection, chase and stop of means of transport at land and inland waterway bordergates.
3. The coast guard shall be responsible for cooperating and assisting customs authorities in patrol, examination, inspection, chase and stop of means of transport at inland waterway areas, territorial waters and contiguous zones.
4. The traffic police shall be responsible for cooperating and assisting customs authorities in chase and stop of means of transport outside of customs areas.
5. Other competent authorities shall be responsible for cooperating and supporting forces and means of transport in chase and stop of other means of transport; arresting suspects, goods and means of transport on receipt of the request for assistance from customs authorities in case of continual chase from inside to outside of customs areas.
Article 15. Collaboration on prevention, investigation and handling of violations
1. Customs authorities shall be responsible for cooperating and assisting the border guard, the coast guard, the police and markets authority in application of measures to prevent, investigate and handle violations concerning export and import operations upon request.
2. In the course of taking measures to prevent, investigate and handle violations, after considering the request of customs authorities, the police, the border guard, the coast guard and the markets authority shall assume the following responsibilities:
a) Arrange human force to cooperate and support facilities in carrying out search on people, means of transport, articles and places used for storing exhibits or means of transport committing administrative violations according to the administrative procedure, and escort violators;
b) Cooperate and support human force and means of transport in recording statements, collecting information, materials, evidences, and extending and setting up a commission of investigation;
c) Cooperate in handling of violation cases.
Article 16. Responsibilities of the People's Committees of centrally-affiliated cities or provinces
1. Lead and direct all-level People’s Committees within their areas to implement policies and guidelines of the Communist Party, Government and other legal regulations on prevention and control of smuggling and illegal transportation of goods across borders.
2. Direct collaboration between relevant regulatory agencies within their areas on prevention and control of smuggling and illegal transportation of goods across borders.
3. Assist customs authorities in arranging storage yards or warehouses to temporarily store goods and violation-committing means of transport; facilitate investments in technical facilities so as to improve the customs authorities’ capability of controlling implementation of laws and make the customs industry become gradually professional and modern.
4. Suggest and recommend the Government, Ministries and departments to amend and supplement the mechanism and policy relating to the task of preventing and controlling smuggling and illegal transportation of goods across borders.
Chapter IV
IMPLEMENTARY PROVISIONS
Article 17. Effect
This Decree shall enter into force since February 16, 2015.
This Decree shall replace the Government’s Decree No. 107/2002/NĐ-CP dated December 23, 2002 on stipulating customs areas; collaboration on prevention and control of smuggling and illegal transportation of goods across borders and acts of violation against the law on customs.
Article 18. Implementation responsibility
The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, and Presidents of People’s Committees of central-affiliated cities and provinces, shall be responsible for implementing this Decree.
Where it is necessary to adjust the specific customs areas located at each land and inland waterway border areas stipulated in the Appendix enclosed herewith, the Ministry of Finance shall preside over and cooperate with the Ministry of National Defense, the Ministry of Industry and Trade, and the People’s Committees of related cities or provinces, shall take into consideration and report it to the Government to apply for a decision./.
| PP. THE GOVERNMENT |