Vietnam: What are the rights of customs authorities in the customs patrol process? What are the professional customs control methods?
What are the professional customs control methods in Vietnam?
Pursuant to Article 101 of Decree 08/2015/ND-CP (amended by Clause 51 Article 1 of Decree 59/2018/ND-CP) stipulating as follows:
Professional customs control methods
1. Professional customs control methods shall include:
a) Mobilize the public to get involved in preventing or combating smuggling or illicit transportation of commodities across borders;
b) Carry out the customs patrol;
c) Collect and study information about regions, commodity transportation routes, cases, phenomena, incoming, outgoing or in-transit transports and related persons;
d) Collect and study information about any individual who shows the sign of smuggling, illicit transportation of commodities across borders;
dd) Collect and deal with domestic or foreign information concerning customs operations. Send government cadres or officials abroad to verify, collect information and materials in accordance with Vietnam's laws and international agreements to which the Socialist Republic of Vietnam is a signatory;
e) Select, organize and use employees who are not in the payroll of customs authorities in order to perform tasks of preventing and combating smuggling and illicit transportation of commodities across borders;
g) Assign customs officers to examine, supervise and monitor activities of smugglers or illegal carrier of commodities across borders;
h) Use dedicated equipment or techniques in accordance with laws in order to perform tasks of examining, supervising and monitoring activities of smugglers or illegal carrier of commodities across borders.
2. Customs authorities shall use combined professional methods of customs control, and dedicated transports or technical equipment for preventing and combating smuggling and illicit transportation of commodities across borders.
3. Ministry of Finance provides guidance on professional customs control methods and stipulates supportive policies to ensure that the aforesaid methods are applied.
According to the above regulations, there are currently 08 professional customs control methods in Vietnam, including:
- Mobilize the public to get involved in preventing or combating smuggling or illicit transportation of commodities across borders;
- Carry out the customs patrol;
- Collect and study information about regions, commodity transportation routes, cases, phenomena, incoming, outgoing, or in-transit transports, and related persons;
- Collect and study information about any individual who shows the sign of smuggling, or illicit transportation of commodities across borders;
- Collect and deal with domestic or foreign information concerning customs operations. Send government cadres or officials abroad to verify, and collect information and materials in accordance with Vietnam's laws and international agreements to which the Socialist Republic of Vietnam is a signatory;
- Select, organize and use employees who are not in the payroll of customs authorities in order to perform tasks of preventing and combating smuggling and illicit transportation of commodities across borders;
- Assign customs officers to examine, supervise and monitor activities of smugglers or illegal carriers of commodities across borders;
- Use dedicated equipment or techniques in accordance with laws in order to perform tasks of examining, supervising, and monitoring activities of smugglers or illegal carriers of commodities across borders.
What are the rights of customs authorities in Vietnam in the customs patrol process?
Pursuant to Clause 2, Article 102 of Decree 08/2015/ND-CP, in the customs patrol process, customs authorities shall have the right to:
- Use warning lights, flags, flares, loudspeakers, or whistles;
- Stop and search transports and cargos loaded on transports to find out any sign of violations against the customs law;
- Carry out frisk search and search transports or items in accordance with the law on handling of administrative violations;
- Detain persons or impound exhibits or transports that committing violations in accordance with the Law on Handling of administrative violations;
- If the customs control team any transport that shows the sign of violations against laws whilst performing the task of patrolling inland waterway areas or territorial waters, they can send a warning signal to stop transports for examination in accordance with Vietnam’s Law of the Sea. If the search is required for a violation against laws, transports must be brought back to ports or anchoring sites in order to ensure safety for this search. The search must be carried out in accordance with the law on handling of administrative violations.
After finishing the examination, customs authorities must make a record on this. Each of the transport owners or operators shall keep 01 copy.
What are the regulations on conducting customs patrols in Vietnam?
Pursuant to Clause 1, Article 102 of Decree 08/2015/ND-CP stipulating as follows:
Customs patrol
1. Customs authorities shall be responsible for organizing personnel and preparing transports for customs patrol methods within their customs areas in order to prevent and combat smuggling and illicit transportation of commodities across borders.
Thus, customs authorities shall be responsible for organizing personnel and preparing transports for customs patrol methods.
Customs patrols are carried out within customs areas of customs authorities in order to prevent and combat smuggling and illicit transportation of commodities across borders.
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