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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
14/2011/ND-CP
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Hanoi,
February 26, 2011
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DECREE
STIPULATING
ON CONDITIONS FOR REGISTRATION AND OPERATION OF CUSTOMS PROCEDURE AGENT
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2001 Law on Customs and the June 14, 2005 Law of
Amending and Supplementing a Number of Articles of the June 29, 2001 Law on
Customs
At the proposal of the Minister of Finance,
DECREES
Chapter 1
GENERAL PROVISIONS
Article 1.
Customs procedure agent
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Article 2.
Conditions for being Customs Agent
Customs Agent
must get complete conditions as follows:
1. Having
Business Registration under the provisions of law.
2. Having
branches of business and service of handover and receipt of export and import
goods or the service of making customs declarations on others’ behalf which are
written in the Business Registration Certificates.
3. Having at
least one (01) customs agent employee.
4. Satisfying
conditions for connecting with computer networks of customs offices in order to
execute electronic customs procedures at provincial/municipal Customs
Departments (hereinafter short called provincial Customs Departments) where the
electronic customs procedures have been carried out.
Article 3.
Conditions for being customs agent staff
1. Customs
agent staff member must satisfy following conditions:
a). Being a
Vietnamese Citizen.
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c). Having a
customs professional Certificate.
d). Having
working experiences for the Customs Agent where issued the card are at least 3
(three) months.
2. Any
customs agent which issuing the cards for its staff members must bear law
responsibility for conditions regulated in clause 1 of this article.
Article 4.
Subjects who shall not be permitted to be customs agent staff
The following
subjects shall not be permitted to be customs agent staff:
1. Adults who
are limited or lost civil act capacity.
2. People who
are being prosecuted criminal liability or serving imprisonment sentence.
3. Person who
have been administratively handled for acts of breaking the customs and tax law
within one (1) year up to the date of applying dossiers to suggest be issued
customs agent staff card.
4. State
officials, employee who are on service.
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1. Dossier of
customs agent staff card issuing involves of
a). The
application of card issuing in accordance with the form regulated by the
ministry of finance.
b). Notarized
copies of degrees, certificates regulated at point b, c, clause 1 of article 3
of this Decree.
c). Copy of
customs agent staff’s identification Card.
2. The
applicant must make dossier such as provisions in clause 1 of this article,
then send it to the customs agent where working to be issued customs agent
card.
Article 6.
Issuing and management of the customs agent staff card
1. Staff
member of custom agent satisfy conditions regulated in charter 1 article 3 and
is not subjects stated in article 4 of this decree is issued the customs agent
staff card by customs agent. The time limit for granting cards shall be more
than 5 working days since receiving complete card granting dossier. In case of
rejecting the card granting, customs agent must clearly notify card applicants
in writing of the rejected reasons
2. The
customs agent staff card must clearly state: full name, serial number of the
identity card, name of customs agent where customs agent staff member is
working.
3. After
three-day-work, since date of card issuing, customs agent must send and post
the list of persons who granted customs agent card in accordance with the form
which is provided by the Financial Ministry in the electronic information
website of the General Customs Department.
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Chapter 2
ANNOUNCEMENT, OPERATION OF THE CUSTOMS AGENT,
RESPONSIBILITY OF THE GOODS OWNER
Article 7.
Announcement and confirmation of satisfied conditions for customs agent
operation
1. Before
operation, customs agent must submit dossier of announcement on satisfying
customs agent conditions, according to the provision in article 2 of this
decree, send to the Customs Department of the province where set main office.
The dossier includes:
a) The
announcement written according the form stated by the financial ministry.
b) One (01) notarized
copy of business registration certification.
c). Notarized
copy of customs declaration professional certification of each customs agent
staff member.
d). The
sample of signature of the customs agent authorized person, who have the right
to sign under the customs declaration forms.
2. In the
limit time of five (05) working days, since the date of receiving completed
dossier file, provided in clause 1 of this article, the Provincial Customs
Department must confirm and send an announcement to confirm of having completed
custom agent activity conditions for customs agents. In case need time to check
more in customs agent conditions, the limit time to send announcement of
confirming is more than ten (10) working days, since the day of receiving
complete dossier file.
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Article 8.
The customs agent’s operation
1. Signing
contract in writing with goods owner.
2. Asking the
goods owner for supplying complete and exact documents and information which
are necessary for carrying out customs procedures of each export or import
goods lot.
3.
Implementing customs procedures activities in accordance with agreements in the
contract, including:
a) Making
declarations, giving signatures and affixing seals on customs declaration
forms.
b) Submitting
and presenting all of customs dossier sets related to export or import goods
lots.
c) Presenting
goods in order to be inspected by customs office.
4.
Implementing all procedures after being authorized according to the agreement
composed in the contract, including:
a) Submitting
taxes, fees, costs, and other collections according to the law provisions in
related to export or import goods.
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5. Taking
responsibility before the law in cases failing to properly perform authorized
jobs, or declaring untruthfully of information and related documents supplied
by goods owners.
Article 9.
The responsibilities of goods owner
1. Signing
contract with the customs agent about the scope of authorization and each
contracting party’s responsibilities.
2. Supplying
to customs agents fully and accurately documents, information which be
necessary for customs procedures of the export or import goods lots.
3. Taking
responsibilities before law in case of supplying inaccurate, incomplete
information and documents related to goods lots or supplying unlawful, invalid
documents as provided to customs agents, thus entailing acts breaking of law.
Article
10. Inspection and supervision of the customs agent’s operation
Customs
offices inspect and supervise the customs agency’s operation and implementing
provisions in this decree.
Article
11. Proof papers have to present when making customs procedures
When make
customs procedures at the Customs Office, the customs agent staff have to wear
the custom agent staff card and present the people’s identity card when
requested.
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1. The
customs office freely assistant to the customs agent in the following fields:
a) Technical
assistance in connecting the networks between the customs office and the customs
agent.
b) Assistance
of the customs and tax procedures on the export or import goods.
c) Updating
new provisions in related to the Customs Law.
d) Practicing
and fostering in customs law.
2. Export or
import goods lots implemented by the customs agent in accordance with
provisions in this decree shall foreground process about customs procedures in
accordance with the Customs Law and guiding of the Financial Ministry.
Chapter 3
COMMENDATION AND HANDLING OF THE LAW-BREAKING
Article
13: Commendation
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Article
14. Handling of the law-breaking
1. Regarding
to the customs agents
a) The
provincial Customs department suggests the Planning and Investment department
of centrally-affiliated cities and provinces to issue a decision of stopping
activities of customs agents in the following cases:
- The customs
agents act when fail in conditions provided in article 2 of this Decree.
- The customs
agents connive with goods owners to break of the customs law.
- The customs
agents self-willed change their names, addresses without informing to the
Provincial Customs department, where set their main offices.
- The customs
agents self-willed terminate their activities.
- The customs
agents have been suspended of their activities two (02) times within one year,
but continue to break the customs law.
b) The heads
of provincial Customs departments decide to suspend the customs agents’
operation in the following cases:
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- To disobeys
or fail in obeying the punishment decisions of the Customs Office.
- To lend the
customs agent’s name.
- The customs
agents have administrative violation handled two (02) times in one year or have
three (03) staff members who are withdrawn of the customs agent staff cards.
The
suspension duration shall count from the time when the above-stated acts are
detected to the time when customs agents complete remedying consequences.
c. The
customs agent which has been stopped or suspended of operation under provisions
in point a or b of this article have responsibility to withdrawal the issued
customs agent cards. The reissuing customs agent staff card shall be permitted
to implement when the customs agents are approved of operation continuing by
the state authorized organize.
2. Regarding
to the customs agent staff:
a) The
customs agent staff shall be withdrawn the customs agent staff card in the
following cases:
- Having
activities of smuggling, commercial fraud or tax evading;
- Lending
others to use their cards or using other’s cards;
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- Having
activities of bribing customs cadres, public servants or having customs
procedure law violations related to export or import goods.
b) The
customs agents take responsibility to withdrawn the customs agent cards
provided in point a this clause, and simultaneous inform the list of customs
agent staff members who are withdrawn cards in accordance the form provided by
the Financial Ministry to the provincial Customs departments where set their
main office and send to post in the electronic information webpage of General
Customs department.
Chapter 4
IMPLEMENTATION PROVISIONS
Article
15. Implementation Effect
This Decree
takes effect since the first of April 2011 and replace the Government’s Decree
No 79/2005/ND-CP of June 16, 2005 which providing on the registration
conditions and operations of the customs procedure agents.
Article
16. Implementation responsibilities
1. The
Financial Ministry guides execution of this Decree.
2. The
ministers, the heads of the ministerial-level agencies, the heads of the
Government-attached agencies, and the presidents of the People’s Committees of
the provinces or centrally-run cities and related organizes, individuals shall
be responsible for implementation this Decree.
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GOVERNMENT’S
REPRESENTATIVE
THE PRIME MINISTER
Nguyen Tan Dung