The Decree 01/2015/nd-Cp: Detailing The Scope Of Activity Of Local Customs; Responsible For Coordination In The Prevention Of Smuggling, Illegal Transport Of Goods Across The Border

Original Language Title: Nghị định 01/2015/NĐ-CP: Quy định chi tiết phạm vi địa bàn hoạt động hải quan; trách nhiệm phối hợp trong phòng, chống buôn lậu, vận chuyển trái phép hàng hóa qua biên giới

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THE GOVERNMENT.
Number: 01 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 2, 2015

DECREE

Regulation of the scope of the customs of the customs operation; the responsibility of coordination.

in the room, anti-smuggling, illegal shipping across the border

________________________

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 scope of the customs of the customs operation; coordination in the room, anti-smuggling, illegal shipping of goods across the border.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree provides details of the scope of the customs of customs action; the responsibility of coordination between the customs and customs authorities, the People's Committee of the Department in the Defense, Anti-smuggling, Unauthorized Shipping across the border.

What? 2. Subject applies

1. Customs Enforcement, Customs Enforcement.

2. Public Security Agency, Border Police Department, Sea Police, Market Management, People's Committee and other related agencies responsible for prevention, anti-smuggling, illegal shipping across borders.

3. Organization, individual rights and obligations related to export activities, importation, process of goods; appearance, entry, transit of transport.

Chapter II

FIELD OF CUSTOMS OPERATIONS

What? 3. A specific range of customs operations in the area of the road to the road, inland waterway border.

A specific range of customs operations in the road to the road to the road, the inland waterway border store is that areas with a defined boundary at a store opened on the road, inland waterways in the land-border area are regulated. in the Appendix with this decree.

What? 4. The specific scope of the location of the customs operation at the international transport railway station in the domestic

The specific scope of the customs of the customs operations at the local international railway station store in the interior includes:

1. The terminal area is used for international contact trains, to; where passengers appear, enter the scene; the platform, area of export, export, export, and export.

2. The Wharf and the areas used for international contact trains travel, to and to carry out export, export, and export cargo services.

3. The areas with international air trains have not yet been customs procedures, which are under surveillance, control of the customs authority.

What? 5. The specific scope of the customs operation customs at the international civil aviation port store.

The specific range of customs operations at the port of aviation port with international shipping is the specific boundary of the port that is not regulated in the decision to approve the planning of the Prime Minister or the Minister of Transport, including:

1. The passenger terminal area, export goods, imports.

2. Tax store area duty-free.

3. The loading area, the transfer area, the warehouse area containing export goods, imports are transported through the air; the repository holds the goods, the baggage deposit, the cargo hold store, the lost luggage of the passenger ' s passenger, entry.

4. Airfield parking area.

5. Area of storage and fuel level; ground-service equipment area, repair area, aircraft maintenance.

6. Public service.

What? 6. A specific range of customs operations at sea port, inland water port that operates export, import, export, entry, transit, transit, and export.

Specific range of customs operations at sea port, inland water port with export, import, export, entry, transit, including:

1. The containment area from the outer boundary line of the port area of cargo to the port must be subject to border monitoring of ports, namely warehousing, port bridges, workshops, factories, and services, the waters before the bridge. The port, the anchorage, the transfer, the storm zone, the waters of many adjacent ports and the transit flow.

2. The reception area to the port and destination for ships, boats, entry boats, transit of anchorage to wait for seaport, inland seaport, anchorage to transfer and creeks from the surrounding areas into the seaport, inland water port.

What? 7. The specific scope of the customs activity at the international post office

The specific scope of the customs of customs at the international post office is the area of the postal service that performs exports, imports, postal storage with foreign countries under the international treaty of the World Postal Union and its postal regulations. The Socialist Republic of Vietnam.

What? 8. Specific range of customs operations in the outer areas of the store.

The specific scope of the customs of customs in the outer areas of the store is the location of customs authority as customs or customs supervision or customs control or actual examination of the goods according to the regulation of the customs law, including:

1. Customs Headquarters.

2. Industrial areas, export-business districts have manufacturing businesses, the goods business that is subject to oversight, customs control; free trade zones, manufacturing zones; headquarters, warehouses of the manufacturing business; other customs incentives areas; the transfer area. Export, import, export.

3. The export port area, imported goods established in the interior, the retail acquisition site (CFS); the foreign currency depot, the tax vault, the warehousing inventory exports, imports, the transit of business transport organizations and the delivery of goods exported to the goods. Import, import, transit.

4. The areas on the sea, on the river, on the set when there is anchoring transport, beans, moves to transport export goods, imports, transit vehicles, entry, transit; goods, transport vehicles, transfer of stores, overcrowing, and so on. The scene is in the process of doing customs and inspection, surveillance, control of customs.

5. Customs-based headquarters for post-agency inspection, including: The workplace, where production, where supply of services, warehousing, workshops, storage, maintenance, rental, export of export goods, importers of customs and customs.

6. The warehouse is duty-free, store tax-free goods store in the domestic to sell duty-free goods to the passenger, entry.

7. The area is hosting the fair, exhibition, display, introduction of goods-entering, re-export goods.

8. The area, the site of the actual inventory of goods exported, imported at the manufacturing facility, the construction site.

9. The test site focuses on the decision of the General Directorate General of Customs.

10. The area, the joint inspection site between the Vietnam Customs with the neighboring Water Customs in the road to the road to the road-road in Vietnam under international treaties under which Vietnam is a member.

11. The area is keeping exports of exports, importing customs under customs supervision.

12. Where the transport is transporting goods under surveillance, customs control on the roads.

What? 9. Customs activity is the area, another location.

The range of customs operations in the region, the other site that meets the requirements of the state management, is allowed to export, import, transit, transit, entry, entry, transit, transit, and transit of the government. is the boundaries of the region, the site of the Prime Minister's decision to form.

Chapter III

CUSTOMS COORDINATION,

RELATED AGENCIES AND THE PEOPLE ' S COMMITTEE OF LEVELS

IN THE ROOM, ANTI-SMUGGLING, TRANSPORT

CROSS-BORDER GOODS

What? 10. The principle of coordination in the room, anti-smuggling, illegal shipping across borders

1. Coordination of coordination among state agencies with jurisdiction in the chamber, anti-smuggling, illegal shipping of goods across the border is done in accordance with the principle of quick, timely, effective, mutual support and mutual assistance in the right function. The powers, the powers of every organ.

2. The state authorities are responsible for coordinating the once-field guarantee of only one state governing body that presided over the implementation, avoidance of the gap, overlap, and not obstruct the normal functioning of other state agencies.

3. In the course of coordination if there is an entangrium the state agencies are directly involved in exchange, addressing on the basis of a law of law; if not unified, the direct-level report of each agency to take a resolution. The case for the leadership of the ministries, the department, the Provincial People's Committee, the Central Committee of the Central Committee, is not unified, and the Prime Minister considers it, decided.

What? 11. Content co-ordination, anti-smuggling, illegal shipping across the border.

1. Exchange, provide information.

2. Patrol, control, check, chase, stop the transport.

3. Stop, investigate, dispose of the breach.

4. Training, raising a career.

5. Proclamation of policy, law.

What? 12. The responsibility of the presiding agency and the coordination body

1. When the customs agency presided over room duty, anti-smuggling, illegal shipping of goods across the border under the provisions of the Customs Law:

a) The customs authority is responsible: The layout of the force, the means, the physical condition, the application of measures to prevent, capture, investigate, process; specific assignments for coordination bodies in accordance with function, mission, powers of the body, and the right to be executed. that and supporting these agencies to complete the task of being assigned;

b) The coordination bodies are responsible: Implementiation of the coordination requirements of the customs authority; organization and control of forces, vehicles, tools of assistance when the customs authority asks for the right function, duties, authority of the coordination body.

2. The responsibility of the customs authority in coordination with the related agencies: Support of the force, the required vehicle; the inspection of goods, the means of transport in accordance with the function, the duty, the authority to be delivered; perform other tasks according to the agency ' s assignment. the presiding officer in accordance with the rules of customs law.

What? 13. Coordinate in exchange, provide information

The customs, public office, border department, marine police, market management, and inspection forces, inspection, specialized control of the visible body within the range of functions, duties, powers of which are responsible for the exchange, supply, and security. information concerning smuggling operations, transporting unauthorized goods across borders:

1. Information on the violation of the breach, the goods breach; the method, the new breach of the breach associated with smuggling, the illegal shipping of goods across the border.

2. Information about the trafficking situation, which transports smuggling goods on the domestic market.

3. Information about the line, the group drive, the routes, the focal site associated with the smuggling, the illegal shipping of goods across the border.

4. Information on the goods, subject to smuggling, illegal shipping of goods across the border.

5. Information on the alleged breach of the breach, including: Organization, individual violation; name, race, export of goods violations; doors, border border areas brought to the interior, domestic transport routes; methods, smuggling procedures, and other areas of the country. Shipping unauthorized shipping across the border.

The exchange, supply, use, and security of information must be implemented in accordance with the provisions of the law.

What? 14. Coordinate in patrol, control, check, chase, stop the transport vehicle.

1. The customs authority is responsible for coordinating with the regular state agencies regularly patrolling, controlling on the lines, border addresses and on key domestic sites in time to timely detection of objects, lines, smuggling groups, transport, transport, and more. Transfer of goods across the border.

2. The border defense department is responsible for coordination, customs assistance in patrol, control, inspection, pursuit, vehicle stop at land border stores, inland regions.

3. Maritime police are in charge of coordination, customs assistance in patrol, control, inspection, pursuit, traffic stop at the local, territorial waters, territorial waters.

4. The traffic police are in charge of coordination, supporting the pursuit customs agency, stopping the transport vehicle outside the customs office.

5. Other authorities are responsible for coordination, force support, vehicles to pursue, stop the means of transport; capture the subject, cargo, transport, when receiving a request for assistance from the customs authority in the case of a pursuit. It ' s continuous from the customs site outside of the customs office.

What? 15. Coordinate in containment, investigation, breach processing

1. The customs agency is responsible for coordinating, supporting the border department, marine police, public safety, market management that imples containment, investigation, disposal of the breach in connection with export operations, importing when required.

2. During the course of the implementation of the prevention, investigation, breach of the breach, at the suggestion of the customs agency, the office of defense, defense department, marine police, responsible market manager:

a) Coordination of forces, support for the basis of material facilities to carry out human discovery, transportation, objects, burial sites, the means of the execution of the administrative procedures and the oppression of the violinants;

b) Coordinate, support forces, vehicles in the taking of testimony, gathering information, documents, evidence, extension of the investigation, validation of the project;

c) Coordinated in the handling of violations.

What? 16. The responsibility of the Provincial People ' s Committee, the Central City

1. Leader, direct the People ' s Committee on the local level of implementation, policy of the Party, State, the provisions of the law of room, anti-smuggling, illegal shipping of goods across the border.

2. Command co-ordination of the activities of local local authorities in defence, anti-smuggling, illegal shipping of goods across the border on the site.

3. Support the customs authority in the deployment of warehouses, the warehousing department store, the breach; facilitalized in the investment of technical facilities to the customs authority to enhance the capacity to control law enforcement, build the customs industry once a year. Modern, modern.

4. Proposal and petition with the Government, with the ministries, the revised sector, the additional mechanism, the policy involved in the defense, anti-smuggling, illegal shipping of goods across the border.

Chapter IV

EXECUTION CLAUSE

What? 17. Performance Performance

This decree has been in effect since 16 February 2015.

This decree replaces the digital decree. 107 /2002/NĐ-CP December 23, 2002 The Government regulates the scope of the customs of customs; coordination in the room, anti-smuggling, illegal shipping of goods across borders and other acts of violation of customs law.

What? 18.

The ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

In the event it is necessary to regulate the specific scope of the customs of customs at each of the road door areas, the inland waterway border window is regulated at the Appendix accompanied by this decree, the Ministry of Finance chaired, in coordination with the Ministry of National Affairs. The department, the Department of Commerce and the Provincial People's Committee, the city's office, the government decided.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung