Amending Decree on supplementing authorities of head of criminal investigation team

Exhibit of a case seized by Customs force on December 10, 2019. Photo: T.H

In Decree No. 08/2015/ND-CP, there is no regulation on the authority of the head of criminal investigation team as well as the authority of the deputies when they are assigned tasks to suspend departure and stop vehicles and chase means of transport, smuggled goods, as well as illegal transport of goods across the border.

Besides, Decree No. 08/2015/ND-CP has not specified the form of the implementation of stopping means of transport, the specific order of implementation and by what type of vehicle (road, waterway).

In Decision No. 1399/QD-BTC dated June 20, 2016 of the Minister of Finance defining the functions, tasks, authority and organisational structure of the Anti-Smuggling and Investigation Department under the General Department of Vietnam Customs, the Criminal Investigation Team is one of the units under the Anti-Smuggling and Investigation Department that implements professional customs control measures, inspection, verification and application of measures prescribed by law to detect and identify criminals and criminal offenses in the field of customs control.

The supplementation of authority of the head of the Criminal Investigation Team and deputies is compatible with the practical organisational structure and state management of customs. At the same time, specifying the form and order of stopping or suspending the departure of means of transport to create a legal basis, uniformity in customs operations, and make transparent decisions of the Customs authority.

Specifically, in the draft decree, the authorties of the heads of the Criminal Investigation Team and deputies are supplemented in Clause 2, Clause 3, Article 103, and Clause 5, Article 104 of the Decree; specifying the form and order and procedures for the suspension or postponement of departure of the means of transport in Clause 2, Clause 3, Article 103 of the Decree.