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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
96/2002/ND-CP
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Hanoi November 19, 2002
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DECREE
PRESCRIBING THE FUNCTIONS, TASKS, POWERS AND
ORGANIZATIONAL STRUCTURE OF THE GENERAL DEPARTMENT OF CUSTOMS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the Customs Law of June 29, 2001;
At the proposal of the Minister of Finance,
DECREES:
Article 1.- Position and functions
The General Department of Customs is an agency
attached to the Ministry of Finance, which assists the Minister of Finance in
performing the function of specialized State management over customs, and
enforces the customs legislation throughout the country.
Article 2.- Tasks and powers
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1. To submit to the Minister of Finance the
draft legal documents on customs as well as the strategy, planning and plans on
development of the customs service, and organize the implementation thereof
after they are approved;
2. To direct, guide and inspect the
implementation of the customs services tasks:
a/ Conducting customs inspection and supervision
of import, export and transit goods as well as import, export and transit means
of transport;
b/ Preventing and combating smuggling and
illegal cross-border goods transportation within geographical areas of customs
operation;
Taking measures to prevent and combat smuggling
and illegal cross-border goods transportation outside geographical areas of
customs operation under the Governments regulations;
c/ Organizing the implementation of the legislation
on taxes and other levies on import and export goods;
d/Organizing the post-customs clearance
inspection of import and export goods;
e/ Proposing undertakings and measures to
exercise State management over customs with regard to the import, export, exit,
entry and transit activities as well as policies on taxes on import and export
goods to the competent State agencies.
3. To undertake international cooperation on
customs according to law provisions;
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5. To organize the information and propagation
of the customs legislation;
6. To organize, direct and make the State
statistics on customs;
7. To manage the organizational structure and
payroll; to direct and implement wage policy as well as preferential treatment,
commendation and discipline policies and regimes towards State officials,
public servants and employees under the management of the General Department of
Customs; to organize the training, fostering and building of a contingent of
officials, public servants and employees and manage the non-business units
under the General Department of Customs according to law provisions and the
Finance Ministers assignment;
8. To examine, inspect and settle
complaints and denunciations; to combat corruption and handle violations
according to law provisions;
9. To manage finance and assets of the customs
service according to law provisions and the Finance Ministers assignment.
Article 3.- System of the General Customs Departments
organization
The General Department of Customs is organized
according to the principles of centralization and uniformity into a system from
the central to local levels.
1. The General Customs Departments
organizational structure consists of:
a/ The General Customs Directors assisting
apparatus:
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2. The Department for Inspection and Collection
of Import and Export Taxes;
3. The Legal Department;
4. The Department for International Cooperation;
5. The Planning-Finance Department;
6. The Department for Organization and
Personnel;
7. The Inspectorate;
8. The Office;
9. The Department for Smuggling Investigation
and Combat;
10. The Department for Post-Customs Clearance
Inspection;
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b/ Non-business units under the General
Department of Customs:
1. The Customs Research Institute;
2. The North Vietnam Center for Analysis and
Classification of Import and Export Goods;
3. The Central Vietnam Center for Analysis and
Classification of Import and Export Goods;
4. The South Vietnam Center for Analysis and
Classification of Import and Export Goods;
5. The Customs College;
6. The Customs Newspaper.
c/ The Customs Departments of provinces,
inter-provinces or centrally-run cities (hereafter referred collectively to as
provincial/municipal Customs Departments) under the General Department of
Customs.
d/ The border-gate Customs Sub-Departments, the
Customs Control squads and equivalent units under the provincial/municipal
Customs Departments.
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3. The Prime Minister shall decide on the
establishment, reorganization or dissolution of provincial/municipal Customs
Departments and units under the assisting apparatus of the General Customs
Director.
4. The Minister of Finance shall decide on the
reorganization of non-business units under the General Customs Department to
meet the requirements of administrative reforms, and conform with the specific
characteristics of customs operation and law provisions.
5. The Minister of Finance shall decide on the
establishment, reorganization or dissolution of the border-gate Customs
Sub-Departments, the Customs Control squads and equivalent units.
6. The General Department of Customs shall have
its seal bearing national emblem.
7. Public servants working in the customs
service shall be entitled to seniority allowances according to the Customs Laws
provisions. The seniority allowance levels are prescribed as follows: those who
have been working in the customs service for full 5 years shall enjoy the
allowance level equal to 5% of their wages paid according to their ranks and
grades; from the 6th year on, they shall enjoy an addition of 1% for every
additional working year (full 12 months).
Article 4.- Leadership of the General Department of Customs
The General Department of Customs shall have its
General Director and a number of deputy general directors. The General Director
of Customs shall be appointed by the Prime Minister at the proposal of the
Minister of Finance. The General Director of Customs shall take responsibility
before the Minister of Finance for all activities of the General Department of
Customs.
Deputy general directors of Customs shall be
appointed by the Minister of Finance at the proposal of the General Director of
Customs. Deputy general directors of Customs shall be answerable to the General
Director of Customs for their assigned tasks.
Article 5.- Implementation effect
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Article 6.- Implementation responsibilities
The Minister of Finance, the ministers, the
heads of the ministerial-level agencies, the heads of the agencies attached to
the Government, the presidents of the Peoples Committees of the provinces and
centrally-run cities, and the General Director of Customs shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai