Regulations on Collection and provision of customs communication in Vietnam and abroad

Regulations on Collection and provision of customs communication in Vietnam and abroad (Internet image)

Regarding this issue, LawNet answers as follows:

1. Regulations on Collection and provision of customs communication in Vietnam

According to Article 95 of the Law on Customs 2014, Collection and provision of customs communication in Vietnam is as follows:

- Customs authorities shall organize the collection of information from the following sources:

+ Customs operations;

+ Ministries and related ministerial-level agencies;

+ Entities involved in or related to production, import and export activities, on exit or entry or in transit;

+ Other sources of information.

- Responsibilities and entitlements of customs authorities in the collection and provision of customs communication:

+ Receive and provide information to customs declarants;

+ Establish and implement the mechanism for cooperation in the exchange and provision of information to functional agencies of related ministries and ministerial-level agencies;

+ Apply measures and professional techniques to collect information;

+ Request entities to provide information related to import, export, exit, entry and transit activities;

+ Access other related sources of information.

- Rights and responsibilities of agencies, entities in providing customs communication:

+ Entities may request customs authorities to provide customs communication related to their rights and obligations;

+ Ministries and related ministerial-level agencies shall provide information related to import, export, exit, entry and transit activities to customs authorities;

+ Entities involved in or related to import, export, exit, entry and transit activities shall provide information to customs authorities in accordance with this Law and other corresponding regulations of law.

2. Regulations on collection of customs communication abroad in Vietnam

According to Article 96 of the Law on Customs 2014, regulations on collection of customs communication abroad are as follows:

- Sources of customs communication collected abroad shall include:

+ Information provided by customs authorities and other agencies of states and territories under cooperation agreements on mutual assistance in information exchange and supply;

+ Information provided by related international organizations under treaties to which the Socialist Republic of Vietnam becomes a party;

+ Information provided by entities involved in or related to the production, import and export of goods as requested by customs authorities in compliance with Vietnamese law and treaties to which the Socialist Republic of Vietnam becomes a party.

- Customs authorities shall organize the collection of information abroad to serve the following activities:

+ Verify the origin, transaction value, standards and quality of imported goods;

+ Determine the lawfulness of documents and transactions related to imported and exported goods;

+ Verify acts of smuggling and illegal cross-border transportation of goods or other acts violating the law on customs;

+ Verify other information related to persons involved in or related to import and export activities, on exit or entry or in transit; imported, exported and transited goods; vehicle on exit or entry or in transit.

3. Customs communication system in Vietnam

Customs communication system according to Article 94 of the Law on Customs 2014 is as follows:

- The customs communication system consists of:

+ Database on the communication system;

+ Technical infrastructure on the communication system.

- The customs communication database contains:

+ Information on imported, exported and transited goods;

+ Information on vehicles on exit or entry or in transit;

+ Information on entities involved in import or export activities, on exit or entry or in transit;

+ Other information related to professional operations of customs authorities.

- The customs communication database shall be managed in a centralized and uniform manner. The General Department of Customs shall set up, manage and develop the database and technical infrastructure of the customs communication system by updating and integrating information and data of the entire customs service; connect and share information and data with the communication systems of entities outside the customs service, customs authorities of other countries and international organizations in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam becomes a party.

Customs authorities shall apply measures to keep confidential information and prevent illegal access to the customs communication system.

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