New points in the implementation of discipline in Customs sector

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Deputy Director of the Inspectorate Department Luong Hai Hung

Could you tell us about the performance of discipline in the public service implementation of the Customs sector and other areas mentioned in Directive No. 1036/QD-TCHQ? Why is the Directive issued at this time?

Determining administrative discipline as key factor to realize the key tasks of the sector, the General Department of Customs issued Official Letter No. 375/TCHQ-TCCB dated January 19, 2023, on warning, rectifying and strengthening the responsibility of heads of all levels in the public service performance.

Accordingly, the heads of the units are responsible for directing, guiding and inspecting civil servants and public employees under their management to perform their assigned duties and tasks properly, comply with the code of conduct and professional ethics, seriously tighten administrative discipline; neither to take advantage of the working position to interfere in the wrong authority and responsibility, nor abet the acts of tax evasion, illegal tax refund, smuggling, commercial fraud, corruption and bribery in any form.

On February 10, 2023, the General Department of Customs held a conference to request the implementation of the key work program in 2023 and strengthen discipline in the performance of official duties at all levels. The conference reviewed and assigned specific tasks to the heads of the attached units to urgently overcome the shortcomings and limitations; strengthen internal inspection and control at three levels: General Department, Department and Branch (according to Decision No. 4398/QD-TCHQ dated December 20, 2016, of the General Department of Customs).

On March 10, 2023, the General Department of Customs issued Directive No. 1036/CT-TCHQ on continuing to strengthen administrative discipline in the performance of official duties; rotating, mobilizing and changing working positions; controlling the rights and responsibility of the leader in the management of cadres, the responsibility to set an example; fighting against running for power and preventing corruption in the Customs sector.

In implementing Directive No. 1036/QD-TCHQ, the General Department of Customs tasked the Inspectorate Department to finalize the draft Regulation on public service inspection and handling violations against civil servants and public employees in the Customs sector (replacing Decision No. 2799/QD-TCHQ). What are the new points in this Regulation?

In the process of drafting the Regulation, the Inspectorate Department has regularly reported and consulted the leaders of the General Department of Customs on the guidelines and viewpoints to develop the draft, which includes the main points as follows:

First, the draft inherits the provisions of Decision 2799, which has been effective and efficient in the implementation process. Particularly for Chapter II- The inspection process of Decision 2799- kept the same content, changed to Chapter III so that the content of general provisions in Chapter I and regulations on the handling of violations in Chapter II are seamless and easy to follow and implement.

The governance scope of the draft has delineated the public service inspection for inspection activities according to the inspection regulations of the General Department of Customs, such as the Regulation on inspection for signs of violations in the Customs sector, Regulations on internal inspection in the Customs sector; Regulations on internal inspection and control over the implementation of customs procedures, customs inspection and supervision.

Regarding the subjects of application, the Regulation does not regulate employees, but only civil servants and public employees in the Customs sector. Customs civil servants and public employees commit acts of violating regulations on obligations of civil servants and public employees; the things that civil servants and public employees are not allowed to do; internal rules, regulations and processes of agencies, organizations and units; Violation of ethics, lifestyle or other law violations in public service performance shall be handled.

The draft Regulation includes 4 Chapters and 20 Articles, and 12 Appendixes. In particular, these Appendixes fully cover all areas of operation of Vietnam Customs, specifying more than 980 violations of customs officials and employees in the public service performance and ethics life style and anti-corruption work in the Customs sector.

Details of violations are reviewed based on regulations, processes of the customs sector and prevailing regulatory documents. All violations are summarized based on the list of violations in the fields of operation and management of the General Department of Customs.

This draft also specifies violations in the field of customs control and supervision and import-export tax into 2 Appendixes (previously, only 48 violations were specified in one Appendix). Accordingly, the number of violations in customs control and supervision is 241, and in the field of import and export tax is 81, an increase of 274 violations in the two areas.

Regarding the form of handling of violations: Abolish the form of reminders and criticisms for violations. The draft Regulation only stipulates two forms of handling violations as follows:

Those who commit violations to the extent that they must be disciplined will be considered for disciplinary action according to the provisions of Article 7, Article 15 of Decree 112/2020/ND-CP dated September 18, 2020, of the Government.

Customs officials and employees whose violations are not serious enough to be disciplined will be classified by degrading corresponding with their violation level. Depending on the violation's nature and severity, the unit head considers not arranging work for the violator.

Another new point is that the Regulation has provided an example to specify the application of the handling form for a violation by a Customs officer specified in Item B, Section 2.2, Part I, Appendix II: not performing, improperly or incompletely implementing regulations on deciding on physical inspection of goods; deciding the form of the inspection level; and deciding to change the form and level of inspection".

Could you be more specific about the role of local customs departments in the development and implementation of this Regulation?

The Inspectorate Department has strictly followed orders and procedures described in Decision No. 1945/QD-TCHQ dated August 31, 2022, of the General Department of Customs on promulgating the Regulation on developing and completing legal documents on customs; elaborating, promulgating and reviewing regulations and processes in the field of customs.

The Drafting Team received 35 documents for comments from 35 local customs departments and 17 documents for comments from 17 departments under the General Department of Customs. The comments have made a very important contribution to the Regulation that will concretize the violations, minimize the omission of violations of Customs officers and employees when performing official duties at units from the General Department level to the Branch level.

Thank you Sir!