Circular 80/2009/tt-Btc: Guide To Decree 14/2011 Issued Regulations On The Registration And Operation Conditions Of Customs Clearance Agent

Original Language Title: Thông tư 80/2011/TT-BTC: Hướng dẫn Nghị định 14/2011/NĐ-CP quy định về điều kiện đăng ký và hoạt động của đại lý làm thủ tục hải quan

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 

Pursuant to the law of customs on 29/6/2001 and the law amending and supplementing some articles of the customs law on June 14, 2005;

Pursuant to Decree No. 14/2010/ND-CP dated 16/02/2011 the Government's regulations on the registration and operation conditions of the agents do the customs procedures;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

Pursuant resolution No. 25/NQ-CP on 10/6/2010 of the Government on the simplification of administrative procedures 258 in the scope of the management function of ministries;

The Ministry of finance instructed some of the content of the registration conditions and activities of customs agents, as follows: part I GENERAL INSTRUCTIONS 1. Scope, application object 1. Scope: this circular guide registration and customs operations prescribed in Decree No. 14/2010/ND-CP dated 16/02/2011 the Government's regulations on the registration and operation conditions of customs agents.

2. Objects: a) this circular apply to customs clearance agents (hereinafter referred to as customs) personnel, customs agents, who have the goods for export and import (hereinafter referred to as the owners), the Customs while making customs procedures and institutions individuals concerned according to the provisions of Decree No. 14/2010/ND-CP dated 16/02/2011 the Government's regulations on the registration and operation conditions of customs agents.

b) this circular does not apply to the case of shippers do customs and circumstances who are shippers authorisation publicly made customs for each batch of goods export, import.

Article 2. Activities of customs agents 1. When do the customs procedure, customs agents (the Director or the person authorized by the Director of the law) have to sign contracts with shippers agent; are stubs, signed, stamped on the customs declaration, signed copy of the document in the customs records and perform the work concerned on the basis of the contract signed with the shippers agent as defined in article 8 of Decree 14/2011/ND-CP dated 16/02/2011.

2. for customs agents have branches in other cities of the province, then the representative branch if the Director of customs agents are authorized, signed, stamped on the customs declarations as referred to in paragraph 1 of this Article, provided that the branch must have its own stamp and have at least one (1) employee customs agents. Director of the customs agent responsible before the law on that authorisation.

3. When do the customs procedure, customs agents filed a (01) a copy of the contract agent (just filed a valid term of the contract for a Customs Department where customs procedures) to the customs check, contrast between the work agreed in the contract the agent as defined in article 8 of Decree 14/2010/ND-CP on January 16, 02/2011 with customs records.

Article 3. Check out active surveillance, customs agents 1. Periodically every quarter (the second week of the first month following quarter), customs agents have a responsibility to report the situation of operating under the model number 01 accompany this circular sent the Customs Bureau, city (hereinafter referred to as the Customs Bureau) where customs agents confirmed eligible activities.

2. the Customs Department is responsible for monitoring, inspection, General Directorate for customs reporting (supervisory management Bureau of customs) on the situation of customs procedures customs agents and the proposed recommendations, issues necessary to develop activities of customs agents.

3. The General Department of Customs is responsible for notification (on electronic information page of the General Department of customs and in writing) for the Bureau of customs the customs agents on the case being the Department of planning and investment decision not be continued or not eligible to operate customs agents the customs agents recovered the employee card to customs agents.

Part II SPECIFIC GUIDELINES article 4. Customs agents conditions 1. Customs agents must meet the conditions specified in article 2 of Decree 14/2011/ND-CP dated 16/02/2011.

2. Meet the condition of computer network connected with customs authorities to make the electronic customs procedures at the Customs Bureau, the province has implemented electronic customs procedures and to ensure: the certificate from the Customs electronic records in compliance with the data standards of customs; make the transmission of data to the Customs and get results feedback from customs under the standard interface with the customs information system.

Article 5. Conditions of employees employee customs customs agents must meet the conditions specified in article 3 of Decree 14/2011/ND-CP dated 16/02/2011.

Private conditions specified in point b of paragraph 1 of article 3 of Decree No. 14/2010/ND-CP dated 16/02/2011 by intermediate upwards in the economic sector, the law was interpreted as a diploma of all types of training under the provisions of the law.

Article 6. Training, professional certification customs 1. Training facilities, including: a) General Directorate of Customs (Customs school in Vietnam);

b) financial Academy (school tax-customs);

c) College of Finance-Customs;

d. other training institutions in the system of education and training of Vietnam.

2. The training content includes 4 modules: a) module 1: customs legislation (including Legislation and guidance documents on enforcement: customs law, the law on tax administration, the law on tax on goods for export and import policy export goods management, importing; the international treaties of the customs which Vietnam is a member or has signed to join; the logical administrative violations of customs). Minimum time 7 days.

b) studies part 2: technical foreign trade business (sales, delivery, payment, shipping and logistic services international). Minimum duration 3 days.

c) School part 3: customs services engineering (classification of goods, customs value, origin of goods, intellectual). Minimum time 7 days.

d) module 4: customs procedures for export and import goods (including customs procedures and electronic customs), the application software programs in the customs business (customs software, liquidity, etc.). Minimum time 5 days.

DD) finish each part, the training facility to test and set up the transcript for each student (score 100, hit points required from 50 points or more) of training establishments; the transcript of the school since it was granted to professional certification exam when the customs do not exceed 18 months, if the time limit of 18 months, the students have to learn to leave the school before the exam.

e) Affairs General Directorate of Customs (Customs school in Vietnam) to build the program, curriculum, training materials according to the study mentioned above, section 4 provided on electronic information page of the General Department of customs, the Guide to the implementation training facility ensure quality training; training plans updated annual customs services for customs personnel.

g) forms of training: learn to focus in the training facility.

3. professional certification examination, customs a) test condition: studied business customs have enough score table 4 modules meet the requirements shall be participant to customs services.

b) registered records: 1 sets, including: b1. The contest registration form attached to this circular No. 02 01 main;

B2. Transcript of 4 customs services module defined in paragraph 2 of this Article: 1 copies are attested;

B3. 4 x 6 Photo 2 clearly, last name, year of birth on the back of photos (1 photo pasted on the votes registered, 1 photo glued to the certificate when issued).

B4. 1 envelope stamped and stating the address of the recipients to the notice board exam results.

Where the submission of registered customs Bureau is the convenient place because people choose.

c) Agency, location and time of examination: General Department of customs building regulation, established the Council and held at the Customs Bureau of the province or under the cluster consists of a number of the Customs Bureau to facilitate the contestants.

The exams can be held one (01) year two (2) times in the second quarter and the fourth quarter. General Department of customs official announcement on electronic information page of the General Department of customs, customs and on the mass media of the time, location and other information related to the examination thirty (30) days prior to the exam.

d) tests: d1. First subject: customs legislation;

D2. The second subject: professional engineering and technical services for foreign trade;

D3. The third subject: customs procedure in respect of a shipment, export, and import.

DD) forms of exam: Exam written or multiple choice or response or on the computer.

e) exam results: each subject scores 100 points, gaining from 50 points above is satisfactory. Within thirty (30) days from the end of the exam, the exam Board are notices publicly on electronic information page of the General Department of customs and informed directly by the vote results for competition to each contestant. The contestants have a test under 50 points is not satisfactory; the contestant was registered in the next exam exam subjects under 50 points. The subjects reached the 50-point over the contestant saved results to the professional certification exam customs next.

g) professional certificate Customs: for students requires all three (3) subjects shall be granted "Customs professional certificate". The Bureau of customs the certificate organization customs services within 15 working days from the day of the official test results. Customs professional certificate according to the model No. 3 with this circular.

4. Fee: takers professional certificate by Customs the Customs Bureau, the Organization must submit a fee in accordance with the current legislation.

Article 7. Customs agent staff card 1. Condition and authority staff card customs agents:


The staff of the customs agents do business to meet the conditions specified in article 3 and does not violate the provisions of article 4 of Decree 14/2011/ND-CP dated 16/02/2011 shall be the Director of customs employee card customs agents.

2. the application for the card level: 1, include a) application level staff cards customs form number 4 with this circular: a (01) original;

b) diploma, certificate prescribed in clause 1, article 3, of Decree 14/2011/ND-CP dated 16/02/2011: one (1) certified copies;

c) demonstrate the people's message: a (1) a copy of a certificate is not needed;

d) Two (2) Photo 3 x 4 cm (1 photo glued to the menu, 1 photo to do the card).

3. Customs employee card customs agents according to the provisions in clause 1, article 6 of Decree 14/2011/ND-CP dated 16/02/2011. Customs agent staff cards under model number 05 attachment to this circular.

4. customs agents staff Cards have a value of two (2) years from the date issued. Customs agent staff can use the card to make customs procedures in all the Customs Bureau under the provisions of the customs law, Decree No. 14/2010/ND-CP dated 16/02/2011 and the text of the relevant law.

5. After the card level, customs agents are responsible to inform the employee list customs agents are issued the card according to the model No. 6 with this circular of the General Department of customs to update on electronic information page of the General Department of customs as prescribed in clause 3, article 6 of Decree 14/2011/ND-CP dated 16/02/2011.

Employee card record customs agents by customs agents prescribed retention level of personnel management legislation.

6. Change the card, the card withdrawal: a) Changed tag: The case of lost card, tear, then the card is expired. Customs agents had staff petition stating the reason please card, name, ID number and one (1) Photo 3 x 4 cm send customs agents. Within three (3) working days, the Director of customs agents (who issued the card) card and checking as prescribed in this circular.

b) for Customs staff be given the cards violate the provisions of clause 2, article 14 of Decree 14/2011/ND-CP dated 16/02/2011 or customs agents staff moved to other work or move on to work for other customs agents, the Director of the customs agents are responsible for recovery of the card and the notice of the list of samples number 07 with circular the General Department of customs to update on electronic information page of the General Department of customs.

7. for identification by customs agents Of the Bureau of Customs issued under Decree No. 79/2005/ND-CP dated 16/06/2005 shall continue to use until it expired. The card and the card recovery initiated under the guidance of this circular.

Article 8. Notice and confirm eligibility of operations customs agents 1. Prior to deployment activities, customs agents filing as specified in paragraph 1, article 7 of Decree 14/2011/ND-CP dated 16/02/2011-customs Bureau sent the main headquarters of customs agents. Message text in the form of 8 with this circular 2. The Customs Bureau of reception, inspect records, check the condition of the computer network (for the Customs Bureau, the province has made electronic customs procedures) and endorsed as specified in paragraph 2, article 7 of Decree 14/2011/ND-CP dated 16/02/2011. Certificate according to the model number 9 with this circular.

Case of doubt not eligible work can check in directly at the headquarters customs agents and have written notification to customs agents to remedy or supplement the conditions do not meet; then new confirmed.

The Customs Bureau sent 1 a confirmation of the General Department of Customs (management monitoring Bureau of customs) to announce the list of qualified Customs agents work on crazy information page of the General Department of customs.

3. for customs agents have branches in the city, the province referred to in paragraph 2, article 2 of this circular, the customs agent owner to notify the active agents of the branch with the Customs Bureau headquarters branch and the Customs Bureau of this place were confirmed eligible works according to the instructions in paragraph 1 , paragraph 2 of this Article.

Article 9. Support and priority for the customs agents 1. Free support of customs for customs agents as defined in paragraph 1, article 12 of Decree 14/2011/ND-CP dated 16/02/2011: a) technical assistance in connecting network: the Customs technical assistance in network connections between customs agents with customs. Content support: provides electronic customs software, install the program, connect to the computer of the customs agents with the computer of the Customs and usage guide (free support only the first time).

Particularly for software management and liquidity profile of customs, the customs authority given the standard of business data to build his management or the General Department of customs software to enterprise selection by agreement.

b) annual training support: b1. Customs agents are employees participating in training courses, updates on customs procedures, customs services by the General Department of customs or customs Bureau, the Organization;

B2. Customs agents are invited to attend the training courses, seminars on customs services abroad by the General Department of customs organizations.

c) support on Customs: the Customs Bureau, the Bureau of customs to have tracking parts, guide on customs procedures for customs agents when required. Periodically, or you, the Customs Bureau held against the local customs agents managed to exchange about customs services, answer the concerns about customs procedures, update the new regulations and provide the recently enacted law on customs procedures , about taxes, about the value of customs policy, management of the goods for export, import and other information relevant to the customs service and customs procedures for customs agents.

2. The priorities for customs agents: When do the customs procedures for export, import, customs agents are entitled to the priority, including: a) precedence customs procedures under the provisions of the customs law and the text direction of the Ministry of finance, General Department of customs;

b) is preferred to resolve problems before cases make customs procedures without going through customs.

Article 10. Rewards and handle breach 1. For customs agents, customs agents staff in the Bureau of customs the reward under the authority or the proposal Of the Bureau of customs review rewarded.

2. Processed for cases of customs agents stopped functioning customs agents, active agents pause and recall the card for Customs staff: a) the case suggested to stop customs agents of the Customs: the Customs Bureau where track activities of customs agents has suggested text, Department of planning and investment the province, the city decided to stop customs agent as defined in point a of article 14, paragraph 1 of Decree 14/2011/ND-CP dated 16/02/2011. After the Department of planning and investment, the city has decided, the Customs Bureau, the report Of the Bureau of customs to update on electronic information page of the General Department of customs.

b) case pause the operation of Customs: the Customs Bureau of the province where the track activities of customs agents decide to pause operations for customs agents as defined in point b of article 14, paragraph 1 of Decree 14/2011/ND-CP dated 16/02/2011 under model number 10 with this circular and the report Of the Bureau of customs to update on electronic information page of the General Department of customs.

Article 11. Implementation 1. This circular effect since 24 July 2011 and replaces circular No 73/2005/TT-BTC dated 5/9/2005 of the Ministry of Finance shall guide the implementation of a number of articles of Decree No. 79/2005/ND-CP dated 16/6/2005 of the Government regulations on the registration and operation of customs agents.

2. the General Director of the Bureau of customs are responsible for organizing, implementing the registration and customs operations prescribed in Decree No. 14/2010/ND-CP dated 16/02/2011 and this circular.