Directive No. 04/2008/CT-BTC on accelerating reform and modernization of customs, preventing harassment, abuse, and corruption within the customs sector to facilitate import and export activities.

MINISTRY OF FINANCE ---------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness -------------
Number: 04/2008/CT-BTC	Hanoi, December 15, 2008

 

DIRECTIVE

REGARDING THE ENHANCEMENT OF CUSTOMS REFORM AND MODERNIZATION TO COMBAT UNNECESSARY BUREAUCRATIC PRACTICES, HARASSMENT, AND NEGATIVE BEHAVIOR IN THE CUSTOMS SECTOR TO CREATE FAVORABLE CONDITIONS FOR EXPORT AND IMPORT ACTIVITIES

In order to implement the Government's goal of facilitating trade, promoting domestic and foreign investment, developing tourism, protecting the community, ensuring national security, and supporting Vietnam in fulfilling its commitments to the World Trade Organization, including the goal of facilitating and enhancing export and import activities, the Government and the Ministry of Finance have directed the Customs sector to implement the Customs Reform and Modernization Program. Many specific plans have been approved: implementing pilot electronic customs clearance according to Decision No. 149/2005/QD-TTg dated June 20, 2005 of the Prime Minister, implementing the Customs Reform, Development, and Modernization Plan for the period 2004-2006 issued with Decision No. 810/QD-BTC dated March 16, 2004, and the Customs Reform, Development, and Modernization Plan for the period 2008-2010 issued with Decision No. 456/QD-BTC dated March 14, 2008 of the Minister of Finance.

The process of implementing the Customs Reform and Modernization Program carried out by the General Department of Customs over the past time has achieved some results: risk management has been initially implemented in customs operations; customs procedures have become simpler and more convenient, initially standardized according to international standards and practices, and received support from businesses and public opinion; the awareness of customs officers about reform, modernization, and administrative procedure reform to facilitate business has been raised.

However, compared to requirements and set goals, generally, the work of customs reform and modernization still reveals many shortcomings, with slow progress and lack of synchronization; a portion of customs officers are not actively supportive or show skepticism towards the program's goals; the situation of customs officers causing harassment, inconvenience, or negative behavior for businesses, or intentionally violating regulations for personal gain when performing their duties still exists. This affects the effectiveness of the Customs Reform and Modernization Program and the goal of facilitating export and import activities.

To facilitate export and import activities, investment, and tourism, contributing to improving the competitiveness of the Vietnamese economy, the Minister of Finance requests the General Department of Customs to organize and implement the following tasks well:

1- Accelerate the implementation of the Customs Reform and Modernization Plan for the period 2008-2010 issued with Decision No.

456/QD-BTC dated March 14, 2008 of the Minister of Finance and the progress of the "Customs Modernization" Project using World Bank loans.

Leaders at all levels in the Customs sector need to continue to strictly and widely disseminate among the customs staff about the goals, requirements, and plans for implementing the Customs Reform and Modernization Programs.

2- Promptly review the implementation of electronic customs procedures in phase 2 and expand them in customs operations, contributing to creating favorable conditions for export and import activities.

3- Regarding customs procedure reform: Review, amend, and simplify related procedures concerning export and import activities within the Ministry of Finance's jurisdiction. At the same time, focus on reviewing and amending to unify customs procedures applicable to traditional manual methods and electronic transactions. Immediately prepare for drafting the Decree stipulating customs procedures, customs inspection, and supervision based on combining provisions on electronic customs procedures with amendments to Decree No.

154/2005/NĐ-CP dated December 15, 2005 detailing certain Articles of the Customs Law on customs procedures and customs inspection and supervision.

4- Strengthen inspection and control work against smuggling and commercial fraud in areas such as goods classification, valuation, quantity and type fraud, tax incentives, management of processing and production for export, etc., to prevent tax loss, create conditions for domestic production, and promote exports. Organize and implement measures to address inconsistencies in goods classification, incorrect valuation, tax rates, tax incentives, etc.; the Director of the Customs Branch must be responsible if such situations occur.

5- Summarize and evaluate the results of implementing Directive No.

32/2006/CT-TTg dated September 7, 2006 of the Prime Minister regarding urgent measures to rectify discipline and administrative conduct in handling people's and businesses' affairs.

Continue to disseminate and intensively implement the Government's and the Ministry of Finance's directives on anti-corruption, rectifying discipline and administrative conduct, and preventing harassment, inconvenience, and negative behavior among customs staff.

Leaders at all levels in the Customs sector must further enhance inspection and supervision activities and operational activities at grassroots customs units, improve the quality and effectiveness of self-inspection activities, and strengthen surprise inspections. Handle resolutely, promptly, and strictly any cases of harassment, inconvenience, and negative behavior during duty performance, and impose severe penalties on the responsibility of heads and deputy heads who cause errors or negative behavior in their units or areas of responsibility.

6- Along with continuing to effectively implement the movement "Learning and Practicing the Moral Example of President Ho Chi Minh", the General Department of Customs must further intensify efforts in educating tradition, professional awareness, and responsibility towards financial work and customs work; incorporate these contents into annual training and capacity building programs for civil servants and integrate them into regular specialized tasks; ensure that the customs workforce fully understands and enhances their professional pride, courageously struggles against negative practices and violations arising in daily work.

7- The General Department of Taxation and the State Treasury shall be responsible for coordinating with the General Department of Customs to improve the information system serving import and export activities. Other units under the Ministry of Finance shall be responsible for coordinating and supporting the General Department of Customs in implementing programs on customs reform and modernization.

8- Based on this Directive, the Director-General of the General Department of Customs shall issue specific guidance and implementation plans within the Customs sector; heads at all levels in the Customs sector shall cooperate with the Party committees at the same level and relevant agencies and units under their jurisdiction to organize and implement specific measures.

Heads of related units under the Ministry of Finance shall coordinate with the General Department of Customs to conduct inspections and supervision of the implementation by the General Department of Customs and its subordinate units. They shall report periodically every three months to the Minister of Finance on the implementation of this Directive.

 

Place of Receipt: - Prime Minister, Deputy Prime Ministers (for reporting); - Ministries, ministerial-level agencies, and government agencies (for coordination in implementation); - People's Committees of provinces and centrally governed cities (for coordination in implementation); - General Department of Customs and units under the Ministry of Finance (for implementation); - For record: VT, TCHQ .

THE MINISTER Vu Van Ninh