In the Customs operation areas: Customs is the host

The Customs force actively coordinated with the border guard force to inspect passengers and means in entry and exit. Photo: Quang Hung.

That is the view of the General Department of Customs, and at the same time providing temporary guidance to municipal and provincial agencies and departments to carry out the coordination with the border force.

Accordingly, the General Department of Customs requests the units to uphold the spirit and responsibility, to seriously and effectively perform the Customs operations, to coordinate with competent forces in their areas in general and the border guard force in particular in accordance with the current provisions, the functions, tasks and powers assigned.

According to the General Department of Customs, the coordination must be implemented with the correct scope, purpose, principle and content stipulated in Regulation No. 5000 / QC-TCHQ-BTLBDBP dated 20th September 2012. Particularly, regarding coordination content in the application of professional measures to detect, prevent, investigate and handle violations prescribed in Clauses 1 and 2 of Article 7 of Regulation 5000. The implementation must comply with the provisions of the current law such as the Customs Law 2014 and Decision No. 19/2016 / QD-TTg issued together with the Regulation on responsibilities and coordination relations between the State management agencies in the fight and prevention against smuggling, trade frauds and counterfeit goods.

Specifically, Clause 2 of Article 7 of the Customs Law 2014 stipulates that in the Customs operation areas, the Customs force is responsible for inspecting, supervising and controlling goods and means of transport and handling violations of the Customs law in accordance with the Vietnamese law and international treaties in which Vietnam is a contracting party. Clause 1 of Article 88 of the Customs Law 2014 stipulates that in the Customs operation areas, the Customs force is responsible for inspecting, supervising and controlling goods and means of transport in order to actively prevent and combat smuggling and illegal cross border transportation of goods.

In the case where goods or means of transport have not yet been taken out of the Customs operation areas but agencies, organizations or individuals detect acts of smuggling or illegal cross-border transportation of such goods, they shall immediately report the case to the Customs authority for inspection and handling. In cases there are grounds to identifyorbelieve that goods are smuggled or illegally transported across borderby means of transport, which carry smuggled goods or illegally transporting goods across borders, are moving out of Customs operation areas, Customs shall continue pursuing them and notify the case to the police office, border guards, coast police and market management force in their localities to collaborate and apply measures in order to prevent and handle them in accordance with the law. The halting and pursuit of foreign vehicles traveling in Vietnam’ssea areas shall comply with the Law on Sea of Vietnam.

In coordination to fight and combat against smuggling, trade frauds and illegal cross-border transportation of goods, the General Department of Customs requires its units to closely control the Customs operations areas and strictly and effectively follow the provisions of Chapter V of Customs Law 2014; Chapter VII of Decree 08/2015 / ND-CP and Chapter III of Decree No. 01 / ND-CP.

Accordingly, within the Customs operation areas, the Customs shall be responsible for hosting the inspection, supervision and control of goods imported, exported and in transit; means of transport on entry, exit and in transit; and carry-on luggage of persons on exit or entry and handling violations of Customs law in compliance with Vietnamese law or international treaties in which Vietnam is a contracting party. At the same time, hosting to implement activities of preventing and combating smuggling, trade frauds, illegal cross-border transportation of goods, currencies and goods banned from import and export or business. For goods subject to Customs supervision being transported on the routes, the Customs shall take the responsibility to perform supervision by using Customs operational measures. When detecting illegal acts, the Customs shall coordinate with the State management agencies for inspection and handling in line with the provisions.

Outside the Customs operation areas, the Customs offices shall have to coordinate with the State management agencies in taking measures to prevent and combat smuggling and illegal cross-border transportation of goods and other acts of Customs law violations; exchanging Customs information and investigating, arresting and transferring crimes.

For specific cases where goods, means of transport and luggage under Customs supervision, inspection and control, while receiving information from the border guard force that these cases are in specialized cases of the border guard force, the Customs shall take the responsibility to immediately send a written report of such cases to the General Department of Customs (the Anti-Smuggling Investigation Department) for guidance on forms and measures of coordination.