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Revised Circular 09 has not removed overlaps between Customs and Border Guard

Summary

Updated on : 28-06-2017

VCN- The General Department of Vietnam Customs proposes the Border Guard High Command to review the entire Circular 09/2016/TT-BQP for clarification and transparency in provisions of legal normative documents to avoid overlaps in the performance of tasks between Customs and Border Guard.

Recently, when commenting on the draft Circular amending and supplementing Circular 09/2016/TT-BQP, the General Department of Vietnam Customs has proposed to revise many contents in the draft to comply with the provisions of the Customs Law, the Law on Promulgation of Legal Normative Documents 2015 and related legal normative documents.

Currently, the Customs has applied register for Customs procedure for imported and exported goods and means of transport on exit or entry on the automatic customs clearance system VNACCS/VCIS. Enterprises can register Customs procedures through the electronic network and do not have to submit paper customs declaration. Article 25 of Government’s Decree No. 08/2015/ND-CP stipulates: "The Customs shall provide Customs declaration information in the form of electronic data to relevant State management agencies, these agencies shall be responsible for installing necessary equipment for customs declarants to get access to the data provided in the electronic customs declaration and use this electronic customs declaration for their administrative purpose and shall not be allowed to request customs declarants to submit paper customs declarations”.

Meanwhile, in Clause 1, Article 1 of the draft Circular stipulates that customs declarations of imported and exported goods will be examined at the system of control barriers by the Border Guard, causing arises administrative procedure for declarants, they have to submit theirs customs declarations completed Customs procedures and relevant documents to the Border Guard for re-examination. Hence, the Border Guard reexamine the performance of the Customs. If the Border Guard does not agree, the goods completed customs procedures will be not transported through Customs supervision areas.

According to the General Department of Vietnam Customs, administrative procedures are regulated by the Government. Therefore, the regulations lead to rising administrative procedures in the draft Circular, which will be contrary to Article 14 of the Law on Promulgation of Legal Normative Documents.

In order to the draft Circular in line with the provisions of law and practical management of competent agencies at the border gates, the General Department of Vietnam Customs proposes that the regulations on the inspection for customs declaration of imported goods at the system of control barriers need to be to amend. The Border Guard agencies will collaborate with the Customs agencies at the border gates to inspect the means of transport, passengers on exit or entry, imported and exported goods which are suspected of legal violations. And regulations on document examination for each shipment and each transport mean across the border gates should not be included.

In addition, the General Department ofVietnam Customs also proposed that the Border Guard High Command need to review the entire Circular 09/2016/TT-BQP and abolish regulations relating to inspection and supervision of the imported and exported goods of the Border Guard in Point b, Clause 2 of Article 9 and Clause 3 of Article 12 to ensure the uniformity of the Circular.

According to the General Department of Vietnam Customs, the revised Circular 09/2016/TT-BQP guides the implementation of the Government's Decree 112/2014/ND-CP to amend performances of competent agencies at the border gates and enterprises, operators of means of transport in export and import operations across the border. Therefore, the draft Circular should be consulted by relevant ministries, business associations and People's Committees of provinces before being issued.

By Ngoc Linh/Ngoc Loan