Decree 36/2015/nd-Cp: Regulation Establishing Criteria The Customs Bureau, The Province, The Central Cities; Organization, Mission And Activities Of The Customs Of The Levels

Original Language Title: Nghị định 36/2015/NĐ-CP: Quy định tiêu chí thành lập Cục Hải quan tỉnh, liên tỉnh, thành phố trực thuộc Trung ương; tổ chức, nhiệm vụ và hoạt động của Hải quan các cấp

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THE GOVERNMENT.
Number: 36 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 17, 2015

DECREE

The standard of criteria for the establishment of the Provincial Bureau of the Province of the Province of the Province, the Central City of the Central Committee;

organization, mission and operation of the Customs and Operations Customs

______________________

Government Law Base December 25, 2001;

Customs Law Base June 23, 2014;

At the suggestion of the Minister of Finance,

The government issued a decree regulating the establishment of the Department of the Provincial Customs, the Province of the Central Committee, the Central City of the Central Committee; the organization, the mission and operation of the Customs Department.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree stipulated the establishment of the founding criteria for the Bureau of Provincial Customs, the provincial capital, the Central City (later known as the Bureau of Customs); the organization, the mission and operation of the Customs of the Department.

What? 2. Subject applies

1. Customs Enforcement.

2. The other Agency of the State in coordinating state management of customs.

Chapter II

THE CUSTOMS OF THE CUSTOMS DEPARTMENT

What? 3. The principle of establishment

The establishment of the Bureau of Customs comes from the request for state management of customs on the customs of the province, the province, the Central City, and adheres to the following principles:

1. In accordance with the requirements of the administrative reform program, the reform program, the modernisation of customs is approved by the Government, the Prime Minister.

2. Meet the criteria for the establishment of the Customs Department by regulation at this decree.

3. Make sure the procedure itself, the procedure to establish a state administrative organization in accordance with the rule of law.

What? 4. The criteria for creation

1. The Bureau of Customs established when the site expected the management to meet two of the following three criteria:

a) There is an amount of export tranche, imports greater than 30% of the average of the export and import of the entire country or the average of the export and import tranche of the country (not including the management venue of the Ho Chi Minh City Customs Bureau). and the Hai Phong Municipal Customs Office) for the year before the year of the offer.

b) There is one of the country ' s main road, civil aviation or seaport.

c) There are industrial or economic zones.

2. In the special case in response to management requirements, national sovereignty protection and economic-social security at the sites with long border roads, complex terrain or facilitation for economic development investment-society in the key areas of the country ' s most important areas. of the country, the establishment of the Customs Office was reviewed by the Prime Minister, the decision.

3. Base the criteria for regulation at Clause 1 This, the Minister of Finance scrutines, builds plans to rearrange the Office of the Prime Minister to consider, decide. In the case of the newly established Bureau of Customs, the site of the management is expected to meet the stipulation conditions at Point 1 This Article.

4. The Prime Minister decides to establish and reorganize the Customs Service.

What? 5. The responsibility of the ministries, agencies and localities

1. Customs General

a) Offer the Ministry of Finance to establish the Customs Department.

b) The organization's operational deployment by decision-making.

2. Ministry of Finance

a) The base of regulations at Article 3 and Article 4 of this decree, which builds the Project to establish the Customs Office, report the Prime Minister to consider, decide.

b) Command and ensure the conditions required to deploy the operation of the Customs Service.

3. Interior Ministry

Appraisal of the establishment of the Bureau of Customs under the rule of law.

4. The provincial People ' s Committee is scheduled to establish the Customs Department

Ensure the conditions require the deployment of the Bureau of Customs.

Chapter III

ORGANIZATION, MISSION AND OPERATION OF CUSTOMS AND CUSTOMS SERVICES

What? 6. Customs and Operations Principles of Customs

1. Vietnam Customs is organized and operates in accordance with the principle of focus, unity.

2. The General Directorate of the General Customs of the United Customs Administration, operates the activities of the Customs Department; the subordinate Customs is under management, the direction of the superior Customs.

What? 7. Customs and organizational structure

1. Customs General:

a) Office, case, bureau and public career units.

b) The Bureau of Customs.

The Prime Minister provides the organizational structure of the General Customs.

2. Customs Service:

a) Office and the Chamber of Staff help the Bureau of Customs Enforcement.

b) The Customs Department, Customs Control Team and the equivalent unit.

The Minister of Finance provided specifically the organizational structure of the Bureau of Customs; the decision to establish, reorganization the Customs Enforcement, Customs and Customs Enforcement.

3. The case is needed, in response to the management requirement, the General Secretary General of the Customs General decides to establish, reorganize the teams, the Bureau of the Customs Section, Customs Control Team and the equivalent unit under the hierarchy of the Minister of Finance.

What? 8. The mission and operation of the General Department of Customs

1. The Minister of Finance to submit the Government, Prime Minister or grant authority to review, decide:

a) The bill of law, project ordinance, draft resolution of the National Assembly; the draft resolution of the Standing Committee of the National Assembly; the draft resolution, the Government's decree; the draft decision, the Prime Minister's directive on customs.

b) Strategy, planning, planning, national target program, action program, project, project important project.

c) The annual export tax collection in accordance with the provisions of the State Budget Law.

2. The Minister of Finance review, the decision:

a) Proposition of information, decisions, instructions, and other texts about customs.

b) the annual operational plan of the customs industry.

3. Board under the jurisdiction of specialized instruction text, business; text in accordance with the provisions of the law within the jurisdiction of the Directorate General of Customs.

4. The organization performs legislation, strategy, planning, planning, project program, project, and customs, after being granted an authority to enact or approve.

5. The organization performs tasks:

a) Implemularization of customs; inspection, customs supervision for export, import, transit; transit; entry, transit, transit, transit, transit, transit, and transit.

b) Room, anti-smuggling, illegal shipping of goods across the border within the customs of customs operations; carrying out defense measures, anti-smuggling, illegal shipping of goods across borders beyond the scope of the customs of customs operations according to regulation. The law.

c) The organization performs legislation on taxes and other revenues under the rule of law on the goods of exports, imports.

d) The following information for the goods exported, imported.

The organization does the state statistics of customs.

6. Inspector, examination, resolve of complaint, denounce; treatment under jurisdiction or petition with jurisdiction to handle prescribed by law to conduct violation of customs law; room, anti-corruption, negative and practice of savings, anti-corruption, and anti-corruption. waste in the use of property, the funding is delivered by the rule of law.

7. Opinion with state agencies with authority on the initiative, state management of customs for export, import, export, entry, transit, and tax policy on exports of exports, imports.

The Prime Minister rules the function, duties and powers of the General Customs Administration.

What? 9. Customs Enforcement and Operations

1. Organization, direction, guide, deployment of subordinate and subordinated units to implement the provisions of the customs law on the site, including:

a) Customs procedure, inspection, customs supervision for export goods, import, transfer of exports, transit, execution of the arrival of the arrival, entry, and transport of landscapes, entry, transit under the law.

b) Apply the necessary career measures to proactive defense, anti-smuggling, illegal shipping of goods and drugs across the border within the active site range. Co-ordination of anti-smuggling, anti-smuggling, anti-shipping, contraband contraband, anti-shipping, and cross-border drugs, outside the Bureau of Customs, as prescribed by law.

c) The organization implemented tax legislation and other revenues for export goods, imports.

d) The following examination of the information for export goods, imported by the rule of law.

) Statistics the state of customs for exports of exports, imports, transit and transit vehicles, entry, transit of the Bureau of Customs, as prescribed by law.

2. Inspector, check out the implementation of the policy, law on customs under the rule of law.

3. The revised petition, which complements the regulations of customs legislation on export, import, export, entry, transit, transit and tax policy on export goods, imports; reports the General Directorate General Secretary of the Customs and Customs of the United States. Born, issues beyond the jurisdiction of the Bureau of Customs.

4. The Minister of Finance specifically regulates the functions, duties and powers of the Customs Service.

What? 10. The mission and operation of the Customs Department, Customs Control Team and the equivalent unit.

1. The organization performs the mandate, the statutory authority of the Customs Law, the other provisions of the relevant law and the duties, the following specific powers:

a) Implemularization of customs, inspection, customs supervision for export goods, imports, export transfers, transit; luggage, transport of landscapes, entry, transit, transit, according to law enforcement.

b) Perform customs control for prevention, anti-smuggling, anti-trade fraud, illegal shipping of goods across borders, rooms, anti-narcotics within customs of customs operations.

Coordinate with other functional forces to carry out defense, anti-smuggling, commercial fraud, illegal shipping of goods across the border outside the customs of customs operations.

c) Advance of tax collection and other revenues by law on the goods of exports, imports; the implementation of taxation, tracking, tax collection, tax coercive; guaranteed income, sufficient, timely filing of the state budget.

d) The organization carried out the following examination by the specified information.

) Implementing state statistics on customs for export, import, transit, and transit, entry, transit, transit, and transit.

2. Check out the implementation of the policy, law on the customs of the public within the Customs Expenditures, Customs Control Team and the equivalent unit.

3. The petition with the authority to amend, complements the regulations of the customs law on the customs of export, import, appearance, entry, transit, and tax policy on goods of exports, imports and issues that exceed the jurisdiction of the country. solved by the Customs Administration, Customs Control and Unit equities.

The General Directorate General of the General Administration of the functions and powers of the Bureau of Customs, the Customs and Customs Administration are equivalent.

Chapter IV

EXECUTION CLAUSE

What? 11. Effect of execution

This decree has been in effect since 10 June 2015.

What? 12.

The Minister of Finance, the Ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, the Head of the Agency, the Head of the Agency, the organization and the individual are responsible for the execution of the law. Hey, hey, hey.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung