Latest criteria for establishment of a Customs Department in Vietnam

Latest criteria for establishment of a Customs Department in Vietnam

Pursuant to Article 4 of Decree 36/2015/ND-CP, a Customs Department may be established when the area expected to be under its management meets two out of the following three criteria:

(1) Having an export and import value 30 percent higher than average national export and import value or higher than the average export and value of the whole country (excluding areas under the management of Ho Chi Minh City Customs Department and Hai Phong City Customs Department) in the year before the year of request for establishment.

(2) Having an international land border gate, civil airport or national important seaport.

(3) Having an industrial park or economic zone.

In special cases, the Prime Minister shall consider and decide on the establishment of a Customs Department to meet requirements of management, protection of national sovereignty and socio-economic security in areas with long borders and complicated topography, or to facilitate socio-economic development investment in key areas.

Based on the criteria set out above the Minister of Finance shall review and plan rearrangement of Customs Departments, and submit it to the Prime Minister for consideration and decision. In case of establishment of a new Customs Department, its projected management area must meet the condition specified at Point (1).

The Prime Minister shall decide on establishment and reorganization of Customs Departments.

Note: The establishment of Customs Departments must meet requirements of state customs management in provinces, inter-provinces and centrally run cities and comply with the following principles:

- To conform with administrative reform programs and customs reform and modernization programs approved by the Government or the Prime Minister.

- To meet criteria for establishment of Customs Departments set in this Decree.

- To comply with the order and procedures for establishment of state administrative organizations in accordance with law.

Latest criteria for establishment of a Customs Department in Vietnam (Internet image) 

Tasks and operation of Customs Departments in Vietnam

Pursuant to Article 9 of Decree 36/2015/ND-CP, tasks and operation of Customs Departments include:

- To organize, direct and guide units under then management in implementing the customs law in their localities, including:

+ To carry out customs procedures and conduct customs inspection and supervision of imported, exported and transit goods, goods in border-gate transfer, luggage of people on exit or entry and vehicles on exit or entry or in transit in accordance with law;

+ To apply necessary professional measures to proactively prevent and combat smuggling and illegal cross-border transportation of goods and drugs within customs operation areas. To coordinate in preventing and combating smuggling and illegal cross-border transportation of goods and drugs outside their customs operation areas in accordance with law;

+ To organize the implementation of the laws on taxes and other charges on imported and exported goods in accordance with law;

+ To carry out post-customs clearance inspection of imported and exported goods in accordance with law;

+ To make customs-related state statistics on imported, exported and transited goods and vehicles on exit or entry or in transit under the management of Customs Departments in accordance with law.

- To inspect and examine the implementation of the customs law in accordance with law.

- To propose amendments and supplements to the customs law applicable to import, export, exit, entry and transit activities and tax policies applicable to imported and exported goods; to report arising problems or issues falling beyond the competence of Customs Departments to the General Director of Customs.

Mai Thanh Loi

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