Inspections and supervision of goods at the border has run out of overlap?

VCN- To clarify the provisions of legal normative documents and avoid the overlap in the implementation of tasks between the Customs office and Border Guard, the Ministry of Defense has issued Circular 44/2018 / BQP amending and supplementing a number of articles of Circular No. 09/2016 / TT-BQP. Has this new Circular removed the overlapping bottlenecks in Customs - Border Management?
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Bottleneck is removed

The inadequate regulations have been reflected upon many times by the Customs and businesses after the Ministry of Defense's Circular No. 09/2016 / TT-BQP dated 3 February 2016 detailing and guiding the implementation of a number of Articles in Government Decree 112/2014 / ND-CP dated 21 November 2014, providing for the management of land border gates. On 24 March 2018, the Ministry of Defense issued Circular No. 09/2016 / TT-BQP amending and supplementing a number of Articles on the coordination of inspections and supervision of imports and exports, and the order of changing working time at auxiliary border gates and border crossings.

Accordingly, Point a, b, Clause 2, Article 12 of Circular No. 09/2016 / TT-BQP are amended and supplemented as follows:

"Collaboration in inspections and supervision of imported and exported goods of Border Guard at border gates and border crossings.

a. For exported goods: At Barrier No.1, Border Guard shall examine papers of individuals or means of transport of goods which have been cleared for exit. For exporters with signs of law violation, they shall coordinate with the border-gate Customs officers in inspecting and handling according to the provisions of the Law.

b. For imported goods:

At Barrier No.1, Border Guard forces shall examine papers of individuals and means of transport of qualified goods into the Vietnamese territory, instructing the means operators to deliver means of transport for border-gate Customs officers to carry out procedures for import of goods according to regulations.

At Barrier No.2, the Border Guard forces shall examine the entry papers of the goods, transport means and individuals after completing the procedures for entry into Vietnam. If importers have signs of law violation, they shall coordinate with the border-gate Customs offices in inspecting and handling according to the provisions of the Law".

Regarding the responsibility of the provincial Border Guard Command in proposing the determination of the area of auxiliary border-gates and border crossings; Point b, Clause 3, Article 15 of Circular No. 09/2016 / TT-BQP is also amended and supplemented as follows: "Based on opinions of departments and branches defined at Point a of this Clause, the provincial Border Guard Command shall propose to the provincial People's Committee for consideration and decision".

With regard to the working time at border gates and border crossings, Circular No. 44/2018 / TT-BQP also amended and supplemented Clause 2, Article 16 of Circular No. 09/2016 / TT-BQP.

Specifically: "2. Change of working time at auxiliary border gates and land border openings.

a. Provincial People's Committees having auxiliary border gates and border crossings shall consult the Ministry of Defense and the Ministry of Finance for agreement on the change of working time at auxiliary border gates and land border crossings;

b. After obtaining the consensus of the Ministry of Defense and the Ministry of Finance, the provincial People's Committee having an auxiliary border gate and an open border land border crossing shall exchange with the administrations of the contiguous provinces sharing borders about the change of working time at auxiliary border gates and land border openings;

c. Basing themselves on the results of exchange and agreement with the provincial administrations of contiguous countries sharing borderlines on the change of working time at auxiliary border-gates and land border-way openings, the provincial People's Committee shall notify the Ministry of Defense and the Ministry of Finance, at the same time direct Border Guards, Customs Departments, Health Services, DARDs, border management boards and district-level People's Committees with auxiliary border gates and land border crossings".

The positive move that the Ministry of Defense removed from the Circular 44/2018 / TT-BQP showed that overlapping obstacles in inspections and supervision of goods at the border between the Customs force - Border Guard were removed.

Still existing problems

Although Circular No. 44/2018 / TT-BQP clearly defines the responsibilities of the Customs force - Border Guard in inspecting the actual situation of goods at border gates. Accordingly, Circular No. 2018 / TT-BQP has not solved all the problems of Circular 09/2016 / TT-BQP.

Accordingly, Point b, Clause 2, Article 9 stipulates that objects of border inspection, control and supervision are the goods which are exported, imported, stored in warehouses and yards in border areas. Point a, Clause 3, Article 9 of Circular No. 09/2016 / TT-BQP also stipulates: "Border inspection, control and supervision tasks: a / Carrying out procedures for individuals and means of exit or entry, to coordinate in inspecting and supervising imported and exported goods".

Whereas, pursuant to Articles 12 and 16 of the Customs Law, the Customs office shall assume the prime responsibility for carrying out procedures for exit and entry means. Therefore, the provisions of Clause 3, Article 9 of Circular No. 09/2016 / TT-BQP are not consistent with the provisions of the Customs Law.

During the consultation process, the General Department of Vietnam Customs (the Ministry of Finance) has also requested the Border Guard Command (the Ministry of Defense) to review the Circular 09/2016 / TT-BQP, abolishing regulations related to inspections and supervision for imported and exported goods of Border Guards in Point b, Clause 2, Article 9 as well as Clause 3, Article 12 in order to ensure the uniformity of the documents.

And until the promulgation of Circular 44/2018 / TT-BQP, the drafting agency did not accept any comments to amend or add specific guidelines or abolish them in accordance with the existing documents.

inspections and supervision of goods at the border has run out of overlap Details on the coordination in inspections and supervision for exports and imports at the land border

VCN- The Ministry of Defense has issued Circular No. 44/2018 / TT-BQP amending and supplementing some articles ...

Therefore, in order to clarify the provisions of legal normative documents, avoid the overlap in the performance of tasks between the Customs and Border Guard, the authorities should review Circular 09/2016 / TT-BQP, ensuring consistency of the document to facilitate coordination between the two forces, to concretize the powers of each party and comply with the current regulations, which shall serve as a basis for application in practice.

By Dao Le/ Hoang Anh

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