What is the supplement in regulations on operating customs brokers?

	Restore operation order of Customs brokerage agents
	Revising the regulation on procedures for re-operation of Customs brokers
	Customs News will organize online questionnaire with the topic: What need to be modified in the policies of customs brokers?

The professional activities at the Customs Department of Noi Bai International Airport. Photo: N.Linh

Modifying regulations related to issuing certificates of customs declaration

According to Circular 22, there are some new points in the application file for a Certificate of Customs Declaration, including: Registration form, Advanced Diploma or higher in economics, law, and engineering; two color photos 3x4cm; the statement of results in case of a diploma does not represent a specialization that satisfies the requirement of examination exemption; confirmation documents of universities or colleges that the register working before leaving as teachers in case the test subjects are exempted from examination.

For exemptions, Circular 22 specifies cases of exemptions from examinations.

Specifically, exemption of customs law and customs professional skills for the following cases: graduating Customs major of universities and colleges that register for professional certificate of customs declaration within 3 years from the date of granting certificates; The person has been a lecturer in customs major at the universities and colleges has a continuous working time of 5 years or more, after leaving the position as a lecturer (excluding the case of being disciplined for dismissal) register to take the examination for the certificate of customs declaration within a period of 3 years from the date of the decision.

Exemption from examinations of Foreign Trade Technical subjects for the following cases: Graduating major of foreign trade economics, international trade, external economics, international economics or logistics and supply chain management of schools, universities and colleges that register for examination for customs clearance certificates within 3 years from the date of graduation diploma; Persons who have worked as lecturers in foreign trade, international trade or foreign economics or international economics or logistics and supply chain management at universities and colleges have continuous working time of 5 years or more, after leaving the position as a lecturer (excluding the case of being disciplined for severance), registering for examination for certificate of customs clearance within 3 years from the date of issuance of the decision of transferring work, retirement or leaving their job.

Relating to the examination for certification of customs declarations, Circular 22 specifies the regulations on retention of exam results. In case there is any subject that does not meet the requirements, the results of satisfactory subjects are automatically reserved for a period of 1 year from the date of notification of the results of the review on the Portal of Customs General Department; or reserve the results until the end of the next examination of the Customs Clearance Certificate in case of the expiration of one year but the examination for Certificate of professional customs clearance has not yet been organized.

Customs brokers will be temporarily suspended if they do not report

Instead of being terminated if the agent does not strictly and fully comply with the reporting regime to the Customs authorities three consecutive times in Circular 12/2015/TT-BTC, then in Circular 22 the mechanism will be more "open". Customs brokers will be temporarily suspended if they do not report with the customs authorities as prescribed three consecutive times

In addition, Circular 22 also stipulates cases of suspension of activities such as: Operations that do not meet the conditions specified in Clause 1, Article 20 of the Customs Law or do not operate properly with the names and addresses registered with customs authorities; Customs broker does not comply with the provisions of Clause 5 Article 13 of this Circular; Customs broker has a written request to suspend operation.

Circular 22 prescribes cases of termination of the operation of customs broker including: dealing with smuggling; illegally transporting goods and currencies across the border; producing and trading banned goods; evading taxes to the extent of being examined for penal liability; frauds in providing dossiers of request for recognition of the customs agents or dossiers of application for grant of the number of employees to customs offices; Using documents not supplied by goods owners to carry out customs procedures for goods export and import; over six months from the date of suspension, customs broker does not remedy and written request for continued operation to the General Department of Customs; the customs broker dissolve or go bankrupt in accordance with the Enterprise Law and Bankruptcy Law; the customs agents has a written request for operation termination.

Amending Circular and rectifying Customs brokers’ operation VCN- Currently, the General Department of Vietnam Customs has revised many provisions related to Customs broker’s operation ...

Besides the above contents, Circular 22 were also amended and supplemented a number of provisions related to: Procedures for granting and extending the code of employees of customs broker; revoking and managing the staff code of customs broker; and transition clause.