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THE
MINISTRY OF FINANCE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
22/2019/TT-BTC
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Hanoi,
April 16, 2019
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CIRCULAR
ON AMENDMENTS TO CIRCULAR NO. 12/2015/TT-BTC DATED JANUARY
30, 2015 OF THE MINISTER OF FINANCE ON GUIDELINES FOR PROCEDURES FOR ISSUANCE
OF CERTIFICATE OF TRAINING IN CUSTOMS DECLARATION; ISSUANCE AND REVOCATION OF
CUSTOMS BROKER NUMBER; PROCEDURES FOR RECOGNITION AND OPERATION OF CUSTOMS
BROKERAGE AGENTS
Pursuant to the Law on
Customs dated June 23, 2014;
Pursuant to Government's
Decree No. 87/2017/ND-CP dated July 26, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Finance;
Pursuant to Resolution No.
104/NQ-CP dated October 9, 2017 of the Government on simplifying administrative
procedures and citizen documents in respect of inhabitant administration under
management of the Ministry of Finance;
At the request of the
Director of the General Department of Customs,
The Minister of Finance
promulgates the Circular on amendments to Circular No. 12/2015/TT-BTC dated
January 30, 2015 of the Minister of Finance on guidelines for procedures for
issuance of certificate of training in customs declaration; issuance and
revocation of customs broker number; procedures for recognition and operation
of customs brokerage agents.
Article
1. Amendments to Circular No. 12/2015/TT-BTC dated January 30, 2015 of the
Minister of Finance on guidelines for procedures for issuance of Certificate of
training in Customs declaration; issuance and revocation of customs broker
number; procedures for recognition and operation of customs brokerage agents
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“Article 3. Examination for
certificates of training in customs
1. Examination application
a) Regarding the application
for initial examination for the certificate of training in customs declaration,
the examinee shall submit one (01) application that includes:
a.1) An application form
using the form No. 1 enclosed herewith;
a.3) At least an associate’s
degree in economics, law or engineering; 01 certified true copy or 01 copy
enclosed with the original for comparison;
a.3) 3x4 color photo: 02
photos taken within 06 (six) months until the date of submission of examination
application with full name and year of birth written on the back side (01 of
which shall be stuck on the application form, the other will be stuck on the
Certificate).
a.4) Record of examinee’s
learning performance in a case where the major in the degree is not eligible
for examination exemption as prescribed in Subpoint a.1 Point a and Subpoint
b.1 Point b Clause 7 of this Article: 01 certified true copy or 01
copy enclosed with the original for comparison;
a.5) A certification of the
university or college for which the examinee worked before resigning from the
lecturer position in a case where the examinee is eligible for examination
exemption as prescribed in Subpoint a.2 Point a and Subpoint b.2 Point b Clause
7 of this Article:
01 original
b) Regarding the application
for resit exams, the examinee shall submit one (01) application that includes:
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b.2) 3x4 color photo: 02
photos taken within 06 (six) months until the date of submission of examination
application with full name and year of birth written on the back side (01 of
which shall be stuck on the application form, the other will be stuck on the
Certificate).
7. Examination exemption:
a) Exemption from
examination in the subject named Customs law and customs professional practices
shall be granted to:
a.1) A graduate in customs
major from a university or college who applies for examination to obtain
certificate of training in customs declaration 3 years from the date of
graduate;
a.2) An examinee who used to
be a lecturer in customs major at a university or college and had been working there
for at least 5 years and applies for examination to obtain certificate of
training in customs declaration 3 years from the date on which he/she received
a decision on reassignment, retirement or resignation (excluding the case where
he/she was dismissed as a disciplinary action).
b) Exemption from
examination in the subject named Foreign trade professional practices shall be
granted to:
b.1) A graduate in foreign
trade, international trade, external economics, international economics or
logistics and supply chain management major from a university or college who
applies for examination to obtain certificate of training in customs
declaration 3 years from the date of graduate;
b.2) An examinee who used to
be a lecturer in foreign trade, international trade, external economics,
international economics or logistics and supply chain management major at a
university or college and had been working there for at least 5 years and
applies for examination to obtain certificate of training in customs
declaration 3 years from the date on which the decision on reassignment,
retirement or resignation is issued (excluding the job dismissal).
c) Eligibility for exemption:
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c.2) A certification of the
university or college for which the examinee worked before resigning from the
lecturer position which is made as prescribed in Subpoint a.2 Point a and
Subpoint b.2 Point b of this Clause.
9. Examination result:
a) An examinee is recognized
passing a subject if the score he/she got for such subject is at least 50
points on a 100-point scale.
b) Within 30 days from the
day on which the examination ends, the Director of the General Department of
Customs shall posted the results on website of General Department of customs, e-customs
newspaper and posted on notice board at the head office of Customs Departments
of provinces receiving the applications.
In case of disagreement with
the result published by the Director of the General Department of Customs,
within 15 days from the day on which the result is posted on the website of the
General Department of Customs, the examinee shall submit an application for
grade review. The date of receipt of the application for grade review is the
day on which the General Department of Customs receives the application or the
arriving date written on the post office stamp. After such period of time, the
application for grade review shall not be handled. Within 15 days from the
deadline for submission of application for grade review, the Director of the
General Department of Customs shall review the failed subject test following
the regulations of the Examination Board and publish the grade review result on
the website of the General Department of Customs, e-customs newspaper, and post
it on the notice board at the head office of Departments of Customs of
provinces receiving the applications.
If an examinee passes both
03 subjects, the Director of the General Department of Customs shall issue
him/her with the Certificate of training in customs declaration according to
the regulations in Article 4 of this Circular.
c) Reserve of examination
results:
If any of the examination subjects is failed as prescribed in
point a of this clause, the passed subjects shall be automatically reserved within
1 year since the date on which the grade review result is posted on the website
of the General Department of Customs; or shall be reserved to the completion of
the next examination but not exceeding 01 year from the date on which the grade
review result is posted on the website of the General Department of Customs but
the examination has not been held.
2. Article 4 shall be amended
as follows:
a) Point b Clause 1 shall be
amended as follows:
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b) Clause 2 shall be amended
as follows:
“a) Regarding the cases
specified in point a clause 1 of this Article: Within 30 days from the date on
which the examination result is posted on the website of the General Department
of Customs, the Director of the General Department of Customs shall grant the
examinee the Certificate of training in customs declaration using the form No.
03A enclosed herewith.
b) Regarding the cases
specified in point b clause 1 of this Article:
b.1) Within 03 years from
the year in which the decision on his/her reassignment, retirement, or
resignation is issued, any individual wishing to obtain the Certificate of
training in customs declaration shall send a written application using the form
No. 11 issued herewith to the General Department of Customs enclosed with a 3x4
color photo taken within 06 months until the date of submission of the
application with full name and date of birth written on the back side.
b.2) Within 05 working days
from the day on which the application is received, the General Department of
Customs shall examine the information in the dossier retained in the General
Department of customs and compare with the conditions specified in Point b
Clause 1 of this Article and the cases specified in clause 2 Article 8 of this
Circular to consider granting the Certificate of training in customs
declaration using the form No. 03 issued herewith or provide explanation in
case of refusal of application.
c) The certificate of
training in customs declaration shall be used as the basis for issuance of
customs broker numbers as prescribed in this Circular.”
3. Article 5 shall be amended
as follows:
“Article 5. Customs
brokerage agents
1. A customs brokerage agent is
an enterprise satisfying the requirements specified in clause 1 Article 20 of
the Law on Customs which, within the scope of authorization mentioned in the
contract signed with the owner of exported goods and imported goods
(hereinafter referred to as goods owner), represents the goods owner to fulfill
entirely or partially the obligations of the customs declarant as prescribed in
Clause 3 Article 18 of the Law on Customs.
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3. The customs brokerage agent
shall declare and carry out customs procedures for exported/imported goods of
the goods owner only when the goods owner notified the customs authority of the
list of customs brokerage agents permitted to carry out customs procedures of
exported/imported goods of the goods owner as prescribed in Clause 6 Article 14
of this Circular.”
4. Clause 1 Article 6 shall be
amended as follows:
“1. Any enterprise that
satisfies the conditions specified in clause 1 Article 20 of the Law on Customs
shall make an application for recognition of customs brokerage agent and send
it to the General Department of Customs. The application shall include:
a) A notification of
eligibility for operation as a customs brokerage agent using the form No. 04
enclosed herewith: 01 original; b) An application for
customs broker’s number according to the regulations in clause 1 Article 9 of
this Circular.”
5. Article 7 shall be amended
as follows:
“Article 7. Suspension and
shutdown of customs brokerage agents
1. Suspension of operation
a) A customs brokerage agent
is suspended from operation in any of the following cases:
a.1) It fails to meet the
conditions specified in clause 1 Article 20 of the Law on Customs or fails to
operate with given name and at the location registered with the customs
authority;
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a.3) It fails to follow
reporting regulations or follow improper reporting regulations, or its report
content is insufficient or its report is sent behind the schedule with the
customs authority as prescribed in Article 13 of this Circular in 03
consecutive times;
a.4) It submits an
application for suspension of operation.
b) The Director of the
General Department of Customs shall issue a decision on suspension of operation
up to 06 months to the customs brokerage agent mentioned in Point of this
Clause using the form No. 06A issued herewith.
Where the Departments of
Customs of province, during management or inspection process, detects a
violation prescribed in Subpoint a.1, Subpoint a.2 and Subpoint a.3 of this
Clause, it shall report to the General Department of Customs to issue a
decision to suspend the operation of such customs brokerage agent as prescribed
in this Article.
Any customs brokerage agent
wishing to suspend its operation shall send an application dispatch to the
General Department of Customs using form No. 12 issued herewith. Within
5 working days from the receipt of the above application of the customs
brokerage agent or the report of the Departments of Customs of province, the
Director of General Department of Customs shall issue a decision on suspension
of operation to such customs brokerage agent.
c) Within 06 months from the
date of suspension, any customs brokerage agents correcting objectionable
conditions and wishing to resume its operation shall send an application
dispatch for resumption of operation to the General Department of Customs. Within
15 working days from the date of receipt of the application, the Director of
the General Department of Customs shall examine and verify operation conditions
of the customs brokerage agent, and then either issue a decision enabling the
customs brokerage agent to resume the operation using form No. 06B issued
herewith if the customs brokerage agent is considered satisfactory or provide
explanation in writing if the customs brokerage agent is considered
unsatisfactory as prescribed.
2. Shutdown
a) The operation of a
customs brokerage agent shall be shut down in any of the following cases:
a.1) The customs brokerage
agent’s smuggling; illicit cross border transport of goods and money;
production and trading of banned commodities; and tax evasion is so serious
that it is liable to criminal prosecution;
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a.3) Use the documents not
provided by the goods owner to carry out customs procedures for
exported/imported goods;
a.4) Over 06 months from the
date of suspension as prescribed in Subpoint a.1, Subpoint a.2 and Subpoint a.3
Point a Clause 1 of this Article, if the customs brokerage agent fails to
correct objectionable conditions and fail to submit any application for
resumption of operation to the General Department of Customs;
a.5) Over 06 months from the
date of suspension as for the case prescribed in Subpoint a.4, Point a, Clause
1 of this Article but customs brokerage agent has not submitted any application
for resumption of operation;
a.6) The customs brokerage
agent dissolves or goes bankrupt as prescribed in Law on Enterprises and the
Law on Bankruptcy;
a.7) The customs brokerage
agent submits an application for shutdown;
b) Regarding the cases
prescribed in Subpoints a.1, a.2, a.3, a.4, a.5 and a.6 Point a of this Clause;
b.1) Regarding the cases
prescribed in Subpoints a.1, a.2, a.3 and a.6 Point a of this Clause, where the
customs authority, during management or inspection process, detects a
violation, it shall report to the General Department of Customs to issue a
decision on shutdown of customs brokerage agent using form No. 06 issued
herewith.
The General Department of Customs shall issue the decision on
shutdown of customs brokerage agent within the time limit prescribed in Point b
Clause 1 of this Article.
Regarding the cases prescribed
in Subpoints a.1, a.2, a.4 and a.5 Point a of this Clause, where the Director
of the General Department of Customs detects a violation, he/she shall issue a
decision on shutdown of customs brokerage agent using form No. 06 issued
herewith.
b.2) The customs brokerage
agent being shut down as prescribed in this Point shall not be recognized as a
customs brokerage agent within 2 years from the date on which the decision on
shutdown is issued, except for the case prescribed in Subpoint a.5 Point a of this
Clause.
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d) If the operation of a
customs brokerage agent is shut down, the customs broker number shall be
revoked and cease to be valid.”
6. Points c, d, dd Clause 1,
Clause 2, Clause 3 and Clause 4 of Article 9 shall be amended as follows:
“1. The customs brokerage
agent shall make an application for customs broker’s number including:
c) 01 copy of the
certificate of training in customs declaration. If the certificate of
training in customs declaration has expired for 5 years from the date of issue,
01 additional copy of certificate of completion of training in customs law
issued within 03 years until the date of submission prescribed in Point a.2
Clause 3 of this Article is required.
d) 01 copy of the ID or
citizen card in a case where the national population database has not been put
into operation; dd) 01 2x3 color photo taken within 06 months until the date
of submission of application.
Documents in the application
for customs broker number prescribed in Point b, Point c and Point d of this
Clause are documents of each broker under list of customs brokers applied for
customs broker numbers.
The copies of documents must bear signature and seal of the
legal representative of the customs brokerage agent or be notarized or
authenticated by the competent authority.
2. The application for customs
broker’s number shall be sent to the General Department of Customs. Within 05
days from the day on which the satisfactory application is received, the
General Department of Customs shall issue the customs broker’s number according
to the form No. 08 enclosed herewith. An explanation in writing
shall be sent to the enterprise in case of unsatisfactory application.
The customs broker’s number
shall be the same as the personal identification number or the ID number of the
customs broker and shall be valid within 03 years from the date of issue. Upon
expiration of above time limit, to keep the customs broker employed, the
customs brokerage agent shall follow the extension procedure as prescribed in
Clause 3 of this Article.
3. Extension of customs
broker’s number
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a.1) Not subject to
revocation of customs broker number prescribed in Article 10 of this Circular;
a.2) Have participated in
training course in legislation on customs for at least 3 days (8 classes per
day) that is provided by Vietnam Customs School or a college, university,
institute having customs faculty with training curriculum discussed with Vietnam
Customs School.
The schools shall provide training course in supplementary
knowledge to issue certificate of completion of training course using form No.
02 issued herewith and notify the General Department of Customs of the list of
trainees qualified for certificates of completion of training course to
cooperate in issuance, reissuance, and extension of customs broker number.
b) The customs brokerage
agent shall prepare an application for extension of customs broker number and
send it to the General Department of Customs, including: An
application for extension using form No. 07A issued herewith; 01 copy of
certificate of completion of training course in customs law as prescribed in
Point c Clause 1 of this Article; 01 2x3 color photo taken within 06 months
until the date of submission. If the national population database has not been put into
operation, 01 copy of ID or citizen card shall be provided in case the
information in ID or citizen card provided in the application for customs
broker number has changed.
The copies of documents must
bear signature and seal of the legal representative of the customs brokerage
agent or notarized or authenticated by the competent authority.
c) Within 03 days from the
day on which the application is received, the General Department of Customs
shall grant the extension of customs broker’s number or provide explanation in
writing in case the application is rejected.
The customs broker number
shall be extended for another 03 years.
4. Reissuance of customs
broker’s number:
a) The customs broker may be
granted the unexpired customs broker number in the following cases:
a.1) If the customs broker
number is lost and the customs brokerage agent makes a written confirmation in
the application for reissuance of customs broker number;
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a.3) The customs broker
changes his/her personal identification number or ID/citizen card;
b) The customs brokerage
agent shall prepare an application for reissuance of customs broker number and
send it to the General Department of Customs, including: An
application for reissuance of customs broker number using form No. 07B issued
herewith; 01 copy of certificate of completion of training course in customs
law as prescribed in Point c Clause 1 of this Article; 01 2x3 color photo taken
within 06 months until the date of submission. If the national population
database has not been put into operation, 01 copy of ID or citizen card shall
be provided in case the information in ID or citizen card provided in the
application for customs broker number has changed.
c) Within 05 days from the
day on which the application is received, the General Department of Customs
shall reissue customs broker’s number or provide explanation in writing in case
the application is rejected.
The customs broker number
shall bear the unexpired personal identification number or ID/citizen card until
the date of submission of application for reissuance of customs broker number.”
7. Clause 1 shall be amended
and Clause 3 shall be added to Article 10 as follows:
“Article 10. Revocation of
customs broker number
1. Director General of Customs
shall revoke the customs broker’s number in any of the following cases:
a) The customs brokerage
agent or its employee commits violations against the law regulations that lead
to criminal prosecution;
b) The customs broker faces
penalty for the smuggling, illicit cross border transport of goods and money;
production and trading of banned commodities; tax evasion or giving bribery to
customs officials during customs procedures;
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d) The customs broker
changes his/her job or works for another customs brokerage agent or terminate
the employment contract; when the customs broker works for another customs
brokerage agent, a new customs broker number shall be granted in accordance
with this Circular;
dd) The customs brokerage
agent shuts down;
e) The customs broker uses
an expired number to carry out the customs procedures. The
customs broker who has his/her customs broker number revoked in this case shall
follow Clause 2 of this Article.
3. Procedures for revocation of
customs broker numbers:
a) The customs brokerage
agent shall request the General Department of Customs in writing to revoke the
customs broker number and the account connected to the e-customs system using
form 07C issued herewith with regard to the cases prescribed in Clause 1 of
this Article within 5 days from the date on which the violation is detected
b) If any violation
committed by a customs broker was detected and handled, the Department of
Customs of province shall report the General Department of Customs to revoke
the customs broker number as prescribed in this Article.
c) Within 5 working days
from receipt of the request of the customs brokerage agent or report of the
Department of Customs or a notice of another regulatory body, the Director of
the General Department of Customs shall issue a decision on revocation of the
customs broker number using the form No. 09 issued herewith.”
8. Clause 1 Article 12 shall be
amended as follows:
“1. The customs broker
number granted by the General Department of Customs shall be update to the
database system of the customs authority. Regarding the online customs
declaration, the customs authority shall grant the username and password to the
customs broker to access to the system. Any entity who is granted
customs broker number shall secure the information provided by the customs
authority. When carrying out the administrative procedures with customs
authorities, customs brokers shall present their customs broker numbers.”
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“1. Manage and use the
customs broker number to carry out the customs declaration and customs
procedures at customs authorities within the authority given by the goods
owners; take responsibilities for introducing and recommending the General
Department of Customs to grant the customs broker numbers to applicants
satisfying the requirements according to the regulations; register information
about customs broker numbers into the e-customs system in order for the customs
authority to issue accounts connected to the e-customs system as prescribed in
Clause 1 Article 12 of this Circular.
3. 3. Request the customs
authorities to provide guideline for customs procedures and tax procedures
applicable to exported/imported goods and the network connection between the
customs brokerage agents and the customs authorities and provide the new law
provisions on customs; participate the training in the regulations on customs;
obtain electronic data
relating to customs declarations of exported goods and imported goods to carry
out customs procedures.
5. Notify and request the
General Department of Customs to revoke the customs broker number from the
violations specified in clause 1 Article 10 of this Circular or in case the
customs brokerage agent is dissolved, bankrupt or shut down.
9. Responsibilities of customs
brokerage agents:
a) Make periodical reports
(on the 5th date of the first month of a quarter) on the operation of customs brokerage
agents using the form No. 10 enclosed herewith and send them to the Customs
Departments of provinces.
If the customs brokerage agent fails to send a report on
schedule as prescribed, it shall face a penalty in accordance with regulations
on penalties for administrative violations and enforcement of administrative
decisions in customs sector.
b) Report and recommend the
General Department of Customs to revoke the customs broker number and the
account connected to the e-customs system from the violations specified in
clause 1 Article 10 of this Circular within 05 days from the day on which the
violation is detected.”
10. Clause 5, Clause 6
and Clause 7 shall be added to Article 14 as follows:
“5. Assign entities to
carry out customs procedures and administrative procedures in person with the
customs authorities in accordance with customs law. If
the customs brokerage agent is employed, it shall perform tasks mentioned in
the customs brokerage contract signed between the agent and the goods owner on
behalf of the goods owner.
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a) Declaring and carrying
out customs procedures associated with exported/imported goods via postal
services, courier services in accordance with laws and regulations on postal
activities and customs;
b) The exported/imported
goods of entities having no taxpayer identification number;
c) Goods which are gifts of
organizations and individuals in Vietnam sent to overseas organizations and
individuals; goods of diplomatic missions, international organizations in
Vietnam and their staff; humanitarian aid, grant aid; free-of-charge goods;
checked baggage and carry-on baggage exceeding free baggage allowance.
7. Obtain electronic data
relating to customs declarations of exported goods and imported goods to carry
out customs procedures in a case where the goods owner has an IT system meeting
requirements of the customs authority.”
11. Clause 4, Clause 9
and Clause 10 of Article 15 shall be amended as follows:
“4. Assist the customs
brokers during the customs procedures; provide the preferential mechanism in
terms of customs procedures for customs brokerage agents as per the law.
9. Customs Departments of
provinces shall collect data and make reports on the operation of customs
brokerage agents in provinces upon occurrence of any matter prescribed in Point
2, Point 3, Point 4 and Point 5 of form No. 10 issued herewith and send them to
the General Department of Customs before 10th of the first month of the
following quarter or upon detection of any violation committed by the customs
brokerage agent as prescribed in this Circular.
10. As soon as practicable after
the customs declaration is registered in the e-customs system, the customs
authority shall provide electronic data relating to the customs declaration of
exported/imported goods to carry out customs procedures in a case where the
goods owner has an IT system meeting requirements of the customs authority.
The Director of the General
Department of Customs shall promulgate electronic data interchange standards
between the IT system of customs authorities and exporting and importing
enterprises.”
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a) Form No. 01, 07, 10
issued together with Circular No. 12/2015/TT-BTC shall be amended as Form No.
01, 07, 10 issued herewith.
b) Form No. 06 issued
together with Circular No. 12/2015/TT-BTC shall be amended as Form No. 06, 06A
issued herewith.
Article
2. Transitional regulations
1. Exporting and importing
enterprises which have declared and carried out customs procedures associated
with exported/imported goods through customs brokerage agents shall keep doing
so and notify modified list of customs brokerage agents eligible for declaring
and carrying out customs procedures on behalf of the goods owners via e-customs
system in accordance with Clause 6 Article 14 of this Circular before December
31, 2019.
After December 31, 2019,
upon any change to the list of eligible customs brokerage agents, the exporting
and importing enterprises shall inform and update information via the e-customs
system.
2. Certificates of completion
of training course issued to customs brokers before effective date of this Circular
shall remain valid in order for the customs brokerage agents to apply for
issuance or reissuance or extension of customs broker numbers as prescribed in
this Circular.
Article
3. Entry in force
1. This Circular comes into
force as of July 1, 2019.
2. Form No. 02, 03A and 03B
issued together with Circular No. 12/2015/TT-BTC dated January 30, 2015 of the
Minister of Finance on guidelines for procedures for issuance of Certificate of
training in Customs declaration; issuance and revocation of customs broker
number; procedures for recognition and operation of customs brokerage agents
shall be annulled.
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PP.
MINISTER
DEPUTY MINISTER
Vu Thi Mai
LIST OF FORMS
(Issued
herewith Circular No. 22/2019/TT-BTC dated April 16, 2019 of the Minister of
Finance)
Form No. 01 - Application
form for examination for certificate of training in customs declaration.
Form No. 02 - Certificate of
completion of training course in customs law.
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Form No. 06A - Decision on
suspension of operation of customs brokerage agent.
Form No. 06B - Decision on
resumption of operation of customs brokerage agent.
Form No. 07 - Application
for issuance of customs broker’s number.
Form No. 07A - Application
for extension of customs broker’s number.
Form No. 07B - Application
for reissuance of customs broker’s number.
Form No. 07C - Application
for revocation of customs broker’s number.
Form No. 10 - Report on
operation of customs brokerage agent.
Form No. 11 - Application
form for issuance of certificate of training in customs declaration.
Form No. 12 - Application
for suspension of operation/shutdown of customs brokerage agent.
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Form No. 01
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
APPLICATION FORM FOR EXAMINATION FOR CERTIFICATE OF
TRAINING IN CUSTOMS DECLARATION
Full name: ………………………….Male,
Female:...................................................................
Date of birth: ………/………/………
Personal identification
number/ID or citizen number:…………….Date of issue …………….. Place of issue …………
- Application for
examination in:
+ Laws on Customs □
+ Foreign trade
professional practices □
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- Examination place:.....................................................................................................
- Subjects applying for
exemption from examination:.....................................................
- Subjects applying for
reservation of previous examination result:
+ Subject …….getting….mark
in the notice No. ….dated………of the General Department of Customs.
+ Subject …….getting….mark
in the notice No. ….dated………of the General Department of Customs.
- Mailing address to receive
the Certificate of training in customs declaration (the receiving Customs
Departments or a specific place): ……………………………………………………..
I hereby declare that all
information provided above is true and accurate to the best of my knowledge.
In any case that the above information is found to be invalid, I am aware
that I will be held liable.
[Date]………………….
SIGNATURE OF EXAMINEE
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[Date]………………….
CHAIRMAN OF EXAMINATION BOARD
Note: If
the examinee is eligible for taking the examination, the Chairman of
Examination Board shall countersign and affix seal to the application form and
in the photo of the examinee. The application form shall
be returned to the examinee for entering the examination room./.
Form No. 02
ISSUING
AUTHORITY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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(POSITION OF LEGAL REPRESENTATIVE OF ISSUING AUTHORITY)
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This is to certify
that
Full name: ………………………………………………
(Full name of holder of certificate)
Date of birth:...............................................................................................................
Permanent residence:...................................................................................................
has completed the training
course in customs law for customs broker from ……… to……….. at…………..
Decision
No…….dated………
Number
in record:
………………
No. ………/201../GCN-....
……
[Location]…….,[date]........
ON BEHALF OF ISSUING AUTHORITY
(POSITION OF SIGNATORY)
(Signature, full name and seal)
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Form No. 03
THE
GENERAL DEPARTMENT OF CUSTOMS
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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CERTIFICATE OF TRAINING IN CUSTOMS DECLARATION
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3 x 4 cm photo
- Pursuant to Decision No.
…/QD-TCHQ dated …..of the Director of the General Department of Customs on
retirement/resignation/reassignment of Mr./Mrs….
- Pursuant to Decision No.
…./ QD-TCHQ dated….. on
establishment of Examination Board of certificate of training in customs
declaration;
- Pursuant to Notice
No….dated……. of the Chairman of Examination Board of certificate of training in
customs declaration on recognition of examination result in….[year]
at….[examination place]
Signature
of certificate’s holder
DIRECTOR
OF THE GENERAL DEPARTMENT OF CUSTOMS
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- Date of birth:
………/………/……………………………………
- Permanent residence: …………………………………………
No. ……………… [Date]………………….
Hanoi,
[Date]................
DIRECTOR GENERAL
(Signature, full name and seal)
Form No. 06
THE
MINISTRY OF FINANCE
THE GENERAL DEPARTMENT OF CUSTOMS
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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……… [Location]…….,[date]........
DECISION
On shutdown of customs brokerage agent
DIRECTOR
OF THE GENERAL DEPARTMENT OF CUSTOMS
Pursuant to the Law on
Customs dated June 23, 2014;
Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
At the request of (Department
of Customs or enterprise) on shutdown of customs brokerage agent;
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HEREBY
DECIDES:
Article 1. Shutdown
of customs brokerage agent
(Name)
……………………………………………………………………………………..
TIN: ………………………………………………………………………………………………
Address:
…………………………………………………………………………………………
Business registration
certificate/ enterprise registration certificate No....Date of issue….Place of
issue
Recognized as customs
brokerage agent in Decision No. …dated …. of the Director of the General
Department of Customs on recognition of operation of customs brokerage agent
Reason:
……………………………………………………………………………………………
Article 2. This
Decision comes into force from the date of signing.
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Director of Customs
Management Supervision Department and Director of Department of Customs
of………..province shall implement this Decision./.
DIRECTOR
GENERAL
(Signature, full name and seal)
Form No. 06A
THE
MINISTRY OF FINANCE
THE GENERAL DEPARTMENT OF CUSTOMS
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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……… [Location]…….,[date]........
DECISION
On suspension of operation of customs brokerage agent
DIRECTOR
OF THE GENERAL DEPARTMENT OF CUSTOMS
Pursuant to the Law on
Customs dated June 23, 2014;
Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
At the request of
(Department of Customs or enterprise) on suspension of operation of customs
brokerage agent;
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HEREBY
DECIDES:
Article 1. Suspension
of operation of customs brokerage agent
(Name)........................................................................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
Business registration
certificate/ enterprise registration certificate No....Date of issue….Place of
issue
Recognized as customs
brokerage agent in Decision No. …dated …. of the Director of the General
Department of Customs on recognition of operation of customs brokerage agent
Reason:.......................................................................................................................
Article 2. This
Decision comes into force from the date of signing. After
06 months from the date of issue of this Decision, if the customs brokerage
agent fails to correct objectionable conditions and apply for resumption of
operation, the General Department of Customs shall issue a decision on shutdown
of customs brokerage agent as prescribed.
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DIRECTOR
GENERAL
(Signature, full name and seal)
Form No. 06B
THE
MINISTRY OF FINANCE
THE GENERAL DEPARTMENT OF CUSTOMS
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No…./QD-TCHQ
……… [Location]…….,[date]........
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DECISION
On resumption of operation of customs brokerage agent
DIRECTOR
OF THE GENERAL DEPARTMENT OF CUSTOMS
Pursuant to the Law on
Customs dated June 23, 2014;
Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
Pursuant to the Decision No.
…dated …. of the Director of the General Department of Customs on recognition
of operation of customs brokerage agent;
Pursuant to the Decision No.
…dated …. of the Director of the General Department of Customs on suspension of
operation of customs brokerage agent;
Considering documents
enclosed with the Official Dispatch No….. on request for resumption of
operation of customs brokerage agent of …………; and
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At the request of Director
of Customs Management Supervision Department.
HEREBY
DECIDES:
Article 1. Allow
resumption of operation of customs brokerage agent:
(Name)........................................................................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
Business registration
certificate/ enterprise registration certificate No....Date of issue….Place of
issue
Eligible for resumption of
operation of customs brokerage agent.
……… (Name)….must comply with
the Law on Customs, the Circular No. 12/2015/TT-BTC dated January 30, 2015 of
the Minister of Finance on guidelines for procedures for issuance of
certificate of training in customs declaration; issuance and revocation of customs
broker number; procedures for recognition and operation of customs brokerage
agents and Circular No. 22/2019/TT-BTC dated April 16, 2019 of the Minister of
Finance.
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Article 3. Legal
representatives of…….., Director of Customs Management Supervision Department
and Director of Department of Customs of………..province shall implement this
Decision./.
DIRECTOR
GENERAL
(Signature, full name and seal)
Form No. 07
GOVERNING
BODY
COMPANY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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APPLICATION FOR ISSUANCE OF CUSTOMS BROKER’S NUMBER
To:
The General Department of Customs
Name:..........................................................................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
- Pursuant to the Law on
Customs dated June 23, 2014;
- Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
- Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
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Request the Director of the
General Department of Customs to consider granting customs broker number to
Mr./Mrs.
1/ Full name: ………………………………………
Date of birth:..........................................
Personal identification
number/ID or citizen number: …………………………………Date of issue…………Place of issue
2/ Full
name:………………………………….Date of birth:.................................................
Personal identification
number/ID or citizen number:…………………….Date of issue……………Place of issue
3/ …
Enclosures:
- ………………………;
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.... (POSITION
OF LEGAL REPRESENTATIVE)
(Signature, full name and seal)
Form No. 07A
GOVERNING
BODY
COMPANY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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………… [Location]…….,[date]........
APPLICATION FOR EXTENSION OF CUSTOMS BROKER’S NUMBER
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Name:..........................................................................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
- Pursuant to the Law on
Customs dated June 23, 2014;
- Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
- Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
- Pursuant to employment
contract No....dated................. between ............[enterprise] and
Mr./Mrs……………….
Request the Director of the
General Department of Customs to consider granting extension of customs broker
number to Mr./Mrs.
1/ Full name: ………………………………………
Date of birth:..........................................
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2/ Full name:…………………………………… Date
of birth:..............................................
Personal identification number/ID
or citizen number:
…………………………………Date of issue…………Place of issue
3/ …
Enclosures:
- ………………………;
.... (POSITION
OF LEGAL REPRESENTATIVE OF)
(Signature, full name and seal)
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GOVERNING
BODY
COMPANY…
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
………… [Location]…….,[date]........
APPLICATION FOR REISSUANCE OF CUSTOMS BROKER’S NUMBER
To:
The General Department of Customs
Name:..........................................................................................................................
TIN:.............................................................................................................................
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- Pursuant to the Law on
Customs dated June 23, 2014;
- Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
- Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
- Pursuant to employment
contract No....dated................. between ............[enterprise] and
Mr./Mrs……………….
Request the Director of the
General Department of Customs to consider reissuing customs broker number to
Mr./Mrs.
1/ Full name: ……………………………… Date
of birth:...................................................
Personal identification
number/ID or citizen number: …………………………………Date of issue…………Place of issue
Reason:.......................................................................................................................
2/ Full name: ……………………………… Date
of birth:...................................................
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Reason:.......................................................................................................................
(If an application for
reissuance of customs broker number is applied as the customs broker number is
lost, a confirmation of loss is required)
Enclosures:
…. (POSITION
OF LEGAL REPRESENTATIVE)
(Signature, full name and seal)
Form No. 07C
GOVERNING
BODY
COMPANY…
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……… [Location]…….,[date]........
APPLICATION FOR REVOCATION OF CUSTOMS BROKER’S NUMBER
To:
The General Department of Customs
Name:..........................................................................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
- Pursuant to the Law on
Customs dated June 23, 2014;
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- Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
Request the Director of the
General Department of Customs to consider revoking customs broker number
granted to Mr./Mrs.
1/ Full name: ……………………………………… Date
of birth:..........................................
Customs broker
number:……………Date of issue..........................................................
Account connected to
e-customs system:.....................................................................
Reason for revocation of
customs broker’s number:......................................................
2/ Full name:…………………………………… Date
of birth:..............................................
Customs broker
number:……………Date of issue..........................................................
Account connected to
e-customs system:.....................................................................
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3/ …
Enclosures:
- The customs broker card;
… (POSITION
OF LEGAL REPRESENTATIVE)
(Signature, full name and seal)
Form No. 10
GOVERNING
BODY
COMPANY…
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………… [Location]…….,[date]........
REPORT ON OPERATION OF CUSTOMS BROKERAGE AGENT
(Quarter…/201…)
To:
Department of Customs of province…
Name of customs brokerage
agent...............................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
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Type
of export and import
Number
of enterprises signing contracts
Number
of declarations
Turnover
(USD)
Tax
Export
and import
VAT
Other
taxes
1
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2
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1. Authorized matters:...................................................................................................
2. Violations against
regulations on taxation, customs, other laws (number of cases, acts) (including
violations committed by the goods owner):...................................................................................
3. Change in operation
conditions of customs brokerage agent:
- Change in name/address of business
registration:
(if any)............................................
- Change in customs broker: (if
any)..............................................................................
- Change in lines of business;
IT infrastructure:
(if any) ………........................................
4. Difficulties and proposals:
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- Regarding tax policies…;
- Regarding customs procedures…;
- Regarding operation of
customs brokerage agent….;
- Regarding cooperation
between customs authority - customs brokerage agent - goods owner: …;
5. Other proposals:......................................................................................................
DIRECTOR
OF AGENT
(Signature, full name and seal)
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION FORM FOR ISSUANCE OF CERTIFICATE OF TRAINING IN
CUSTOMS DECLARATION
To:
The General Department of Customs
- Pursuant to the Law on
Customs dated June 23, 2014;
- Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition and
operation of customs brokerage agents;
- Pursuant to Circular No.
22/2019/TT-BTC dated April 16, 2019 on amendments to the Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
Request the Director of the
General Department of Customs to consider granting certificate of training in
customs declaration to Mr./Mrs.
Full name:……………………….. Male/female:.................................................................
Date of birth: …………………………
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Registered permanent
residence:..................................................................................
Current address:...........................................................................................................
Grade of official:..........................................................................................................
Working experience:.....................................................................................................
Decision on retirement or
resignation or reassignment:...................................................
I hereby declare that all
information provided above is true and accurate to the best of my knowledge. In
any case that the above information is found to be invalid, I am aware that I
will be held liable.
APPLIED
BY
(Signature and full name)
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Form No. 12
GOVERNING
BODY
COMPANY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. ……/……Regarding application for suspension of operation/shutdown
of customs brokerage agent
……… [Location]…….,[date]........
To: The
General Department of Customs.
- Pursuant to the Law on
Customs dated June 23, 2014;
- Pursuant to Circular No.
12/2015/TT-BTC dated January 30, 2015 of the Minister of Finance on guidelines
for procedures for issuance of certificate of training in customs declaration;
issuance and revocation of customs broker number; procedures for recognition
and operation of customs brokerage agents;
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Name:..........................................................................................................................
TIN:.............................................................................................................................
Address:......................................................................................................................
Recognized as customs
brokerage agent in Decision No…..dated…… Request the Director of the
General Department of Customs to approve suspension of operation/shutdown of
customs brokerage agent.
Reason for suspension of
operation/shutdown:.............................................................
Request the General
Department of Customs to consider as prescribed./.
.... (POSITION
OF LEGAL REPRESENTATIVE)
(Signature, full name and seal)
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