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MINISTRY
OF FINANCE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
382/QD-BTC
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Hanoi,
February 26, 2025
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DECISION
ON FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF
THE DEPARTMENT OF CUSTOMS
THE MINISTER OF FINANCE
Pursuant to Decree No.
123/2016/ND-CP dated September 01, 2016 of the Government on functions, tasks,
powers and organizational structure of the Ministries and Ministerial agencies
(amended by Decree No. 101/2020/ND-CP dated August 28, 2020 and Decree No.
83/2024/ND-CP dated July 10, 2024 of the Government);
Pursuant to Decree No.
29/2025/ND-CP dated February 24, 2025 of the Government on functions, tasks,
powers and organizational structure of the Ministry of Finance;
At the request of the Director
of the Department of Customs and the Director of the Department of Organization
and Personnel,
HEREBY DECIDES:
Article 1.
Positions and functions
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2. The Department of Customs has
legal status, a seal bearing the National Emblem of Vietnam, a separate account
at the State Treasury, and is headquartered in Hanoi.
Article 2.
Tasks and powers
1. Submit the following documents
to the Minister of Finance to submit them to the Government and the Prime Minister
for consideration and decision:
a) Draft laws, draft ordinances,
draft resolutions of the National Assembly, draft resolutions of the Standing
Committee of National Assembly; draft resolutions and decrees of the
Government; draft decisions and directives of the Prime Minister on customs
activities;
b) Strategies, planning, plans,
national target programs, action programs, important schemes and projects
regarding customs activities;
c) The estimated annual state
budget revenues from the export, import, exit, entry, and transit across the
territory of Vietnam in accordance with the provisions of the Law on State
Budget.
2. Submit the following documents
to the Minister of Finance for consideration and decision:
a) Draft Circulars, decisions,
directives and other documents on customs activities;
b) Annual plans of the Department
of Customs;
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3. Promulgate, within its
jurisdiction, instructional documents on customs operation; case-specific
documents in accordance with the provisions of law under the management of the
Department of Customs or propose competent authorities to provide guidance and
address policy-related issues in the field of customs as assigned and decentralized.
4. Organize implementation of
legislative documents, strategies, planning, plans, programs, projects and
schemes regarding customs activities after they are issued and approved by
competent authorities.
5. Organize performance of tasks:
a) Conduct customs inspection and
supervision of exports, imports and goods in transit; means of transport for
exit, entry, and transit;
b) Organize implementation of
regulations of law on tax and other revenues in accordance with law on exports
and imports;
c) Organize performance of
analysis-related tasks to classify exports and imports in accordance with law;
inspect standards, quality, quarantine, and food safety standards for exports
and imports at the request of ministries, central authorities or as assigned by
the Prime Minister in accordance with the provisions of law;
d) Organize implementation of
technical measures for risk management in customs operations;
dd) Prevent and combat smuggling,
illegal transportation of goods and currency across borders; prevent and combat
drug-related offenses; exercise customs control to enforce the protection of
intellectual property rights; implement anti-counterfeiting measures in the
field of customs within the scope of customs controlled areas; cooperate in
anti-smuggling and illegal transportation of goods across borders outside the
scope of customs controlled areas; investigate and initial criminal prosecution
against violations of law.
e) Organize implementation of
post-clearance inspections for exports and imports;
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h) Implement customs management for
exports and imports traded through e-commerce in accordance with the provisions
of law and international commitments, treaties to which Vietnam is a signatory.
i) Produce customs statistics on
exports and imports as per regulations;
k) Submit proposals to competent
state agencies concerning policies and measures for state management of customs
with regard to export, import, exit, entry, transit activities and tax policies
applicable to exports and imports.
6. Organize provision of
information on and dissemination of laws on fields under the management of the
Department of Customs.
7. Carry out legal work in
accordance with the provisions of law and the assignment and delegation of the
Minister of Finance.
8. Guide, implement, inspect the
enforcement of customs law; enforce the law on handling administrative
violations, and the law on administrative procedures; provide legal support to
organizations and individuals engaged in export and import activities in
accordance with the law.
9. Conduct inspections, checks,
receive citizens, resolve complaints and denunciations; handle violations of
customs law within the Department's jurisdiction or petition competent
authorities to handle such violations in accordance with the law; engage in
anti-corruption and thrift practice and wastefulness prevention in the use of
property and funds allocated according to the provisions of law.
10. Implement international customs
cooperation in accordance with the provisions of law and the assignment and
delegation of the Minister of Finance.
11. Organize research on and
application of science and technology, innovation and modern customs management
methods in the customs sector.
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13. Manage and operate the Vietnam
Trade Information Portal (VTIP).
14. Manage the organization of the
apparatus, the staffing of officials, the number of employees in public service
providers, the number of contracts for support and service work; job positions,
the structure of officials by rank, the structure of public employees by
professional title; implement salary regulations and policies, regulations on
treatment, planning, appointment, rotation, transfer, dismissal, training,
refresher training, emulation, reward, and discipline for officials, public
employees, and workers under the management of the Department of Customs
according to the delegation of the Minister of Finance and the provisions of
law.
15. Implement administrative
reforms according to the objectives and contents of the administrative reform
program approved by the Minister of Finance.
16. Manage assigned finance and
property according to the delegation of the Minister of Finance and the
provisions of law.
17. Perform other tasks and powers
assigned by the Minister of Finance and in accordance with law.
Article 3.
Organizational structure
The Department of Customs shall be
organized from central to local echelons according to a three-tier model.
1. The Department of Customs at the
central level has 12 units.
a) Office;
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c) Division of Organization and
Personnel;
d) Inspection Division;
dd) Finance - Administration
Division;
e) Division of Customs management
supervision;
g) Division of Customs tax
operations;
h) Division of Risk management;
i) Division of Information
technology and Customs statistics;
k) Sub-Department of Customs
Inspection;
l) Sub-Department of Anti-Smuggling
Investigation;
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The organizations specified in
clause 1 of this Article shall assist the Director of the Department of Customs
in performing the function of state management.
The Office, Division of Information
technology and Customs statistics, Sub-Department of Customs Inspection,
Sub-Department of Anti-Smuggling Investigation and Sub-Department of
Post-clearance inspection shall have its legal status, have its own seal and
have its account opened at the State Treasury in accordance with the law.
The Finance - Administration
Division has 4 teams; Division of Customs management supervision has 5 teams;
Division of Customs tax operations has 4 teams; Division of Risk management has
5 teams; Office has 5 teams; Division of Information technology and Customs
statistics has 7 teams; Sub-Department of Customs Inspection has 3 departments
and 5 teams; Sub-Department of Anti-Smuggling Investigation has 4 departments
and 8 teams; Sub-Department of Post-clearance inspection has 4 department and 6
teams.
The teams of the Sub-Department of
Customs Inspection; Sub-Department of Anti-Smuggling Investigation and
Department of Post-clearance inspection shall have their own seals in
accordance with law.
2. Regional Customs
Sub-Departments are organized in 20 regions. Names, headquarters and management
areas of Regional Customs Sub-Departments are specified in the Appendix
enclosed herewith.
A Regional Customs Sub-Department
may have up to 8 offices, departments and customs teams.
3. Customs authorities at border
checkpoints/outside border checkpoints affiliated to Regional Customs
Sub-Departments.
The maximum number of Customs
authorities at border checkpoints/outside border checkpoints shall be 165
units. Customs authorities at border checkpoints/outside border checkpoints
shall not organize internal units and operate as regulatory specialists.
Regional Customs Sub-Departments,
their Teams and Customs authorities at border checkpoints/outside border
checkpoints affiliated to them shall have their legal status, seals and
accounts opened at the State Treasury in accordance with law.
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a) Propose to the Minister of
Finance to stipulate functions, tasks, powers and organizational structures of Regional
Customs Sub-Departments, Sub-Department of Customs Inspection, Sub-Department
of Anti-Smuggling Investigation and Department of Post-clearance inspection.
b) Stipulate functions, tasks,
powers and organizational structures of the Divisions and the Office of the
Department of Customs.
Article 4.
Leaders of the Department of Customs:
1. The Department of Customs has a
Director and a number of Deputy Directors.
2. The Director is the head of the
Department of Customs and takes responsibility before the Minister of Finance
and before the law for all operations of the Department of Customs. The Deputy
Directors shall take responsibility before the Director and before the law for
the assigned fields.
Article 5.
Transition clauses
1. The Department of Customs shall
inherit the tasks, powers, obligations and responsibilities of the General
Department of Customs stipulated in legislative documents, guiding documents,
procedures and regulations issued by the Minister of Finance until this
Decision is amended or replaced by competent authorities.
2. The Director shall organize and
arrange affiliated units of the Department of Customs to commence operations
according to the new model within 03 months from the effective date of this
Decision.
Article 6.
Entry into force and responsibilities for implementation
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2. The Director of the Department
of Customs, Chief of the Office of the Ministry of Finance, Director of the
Department of Personnel and Organization, Heads of relevant agencies, units and
individuals are responsible for implementation of this Decision./.
MINISTER
Nguyen Van Thang
APPENDIX
NAMES,
HEADQUARTERS AND MANAGEMENT AREAS OF REGIONNAL CUSTOMS SUB-DEPARTMENTS
(enclosed with Decision No. 382/QD-BTC dated February 26, 2025 of the
Ministry of Finance)
No
Unit
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Headquarters
1
Region I Customs Sub-Department
Hanoi, Vinh Phuc, Phu Tho, Hoa
Binh, Yen Bai
Hanoi
2
Region II Customs Sub-Department
Ho Chi Minh City
Ho Chi Minh City
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Region III Customs Sub-Department
Hai Phong, Thai Binh
Hai Phong
4
Region IV Customs Sub-Department
Hung Yen, Hai Duong, Ha Nam, Nam
Dinh
Hung Yen
5
Region V Customs Sub-Department
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Bac Ninh
6
Region VI Customs Sub-Department
Lang Son, Cao Bang
Lang Son
7
Region VII Customs Sub-Department
Ha Giang, Lao Cai, Dien Bien, Lai
Chau, Son La
Lao Cai
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Region VIII Customs
Sub-Department
Quang Ninh
Quang Ninh
9
Region IX Customs Sub-Department
Quang Binh, Quang Tri, Hue
Quang Binh
10
Region X Customs Sub-Department
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Thanh Hoa
11
Region XI Customs Sub-Department
Nghe An, Ha Tinh
Ha Tinh
12
Region XII Customs Sub-Department
Da Nang, Quang Nam, Quang Ngai
Da Nang
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Region XIII Customs
Sub-Department
Khanh Hoa, Ninh Thuan, Binh Dinh,
Phu Yen
Khanh Hoa
14
Region XIV Customs Sub-Department
Gia Lai, Kon Tum, Dak Lak, Dak
Nong, Lam Dong
Dak Lak
15
Region XV Customs Sub-Department
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Ba Ria - Vung Tau
16
Region XVI Customs Sub-Department
Binh Duong, Binh Phuoc, Tay Ninh
Binh Duong
17
Region XVII Customs
Sub-Department
Long An, Ben Tre, Tien Giang
Long An
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Region XVIII Customs
Sub-Department
Dong Nai
Dong Nai
19
Region XIX Customs Sub-Department
Can Tho, Ca Mau, Hau Giang, Vinh
Long, Tra Vinh, Soc Trang, Bac Lieu
Can Tho
20
Region XX Customs Sub-Department
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Dong Thap
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