Decree No. 12/2018/ND-CP amends and supplements certain articles of Decree No. 01/2015/ND-CP dated January 2, 2015, of the Government detailing the scope of customs territory; responsibilities for cooperation in preventing and combating smuggling and illegal goods transportation across borders.

DECREE
Amending and supplementing certain articles of Decree No. 01/2015/NĐ-CP
dated January 2, 2015 of the Government detailing the scope
of customs operation areas; responsibilities for coordination in preventing,
combating smuggling, and illegal transportation of goods across borders

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Customs Law dated June 23, 2014;

At the proposal of the Minister of Finance;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 01/2015/NĐ-CP dated January 2, 2015 detailing the scope of customs operation areas; responsibilities for coordination in preventing, combating smuggling, and illegal transportation of goods across borders.

Article 1. Amending and supplementing certain articles of Decree No. 01/2015/NĐ-CP dated January 2, 2015 detailing the scope of customs operation areas; responsibilities for coordination in preventing, combating smuggling, and illegal transportation of goods across borders

1. Replacing the Appendix on the scope of customs operation areas at border gate areas on land and inland waterways in border regions issued together with Decree No. 01/2015/NĐ-CP dated January 2, 2015 of the Government with the Appendix on the scope of customs operation areas at border gate areas on land and inland waterways in border regions issued together with this Decree.

“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”

"Article 7. Specific scope of customs operation areas at international post offices and express delivery zones for exported and imported goods

1. The specific scope of customs operation areas at international post offices is the area within the postal service points implementing export, import, and storage of mail with foreign countries according to the international treaties of the Universal Postal Union and the regulations on postal services of the Socialist Republic of Vietnam.

2. The specific scope of customs operation areas at express delivery zones for exported and imported goods is the location where concentrated inspection and supervision of exported and imported goods through express delivery services take place."

3. Amending Clause 2 and Clause 8 of Article 8 as follows:

"2. Industrial parks, border economic zones with enterprises producing and trading goods subject to customs supervision and control; free trade zones, export processing zones; headquarters and warehouses of export processing enterprises; duty-free zones; other preferential customs zones; separate customs zones.

8. Areas and locations for inspecting actual goods at production facilities, reprocessing facilities, and construction sites."

4. Amend and supplement Clause 3 Article 11 as follows:

"3. Preventing, investigating, recording, and handling violations."

5. Amending and supplementing Article 15 as follows:

"Article 15. Coordination in preventing, investigating, recording, and handling violations

1. Customs authorities have the responsibility to coordinate and support border guards, coast guard, police, market management agencies, and other relevant agencies in implementing measures to prevent, investigate, record, and handle violations related to export and import activities when requested.

2. During the implementation of measures to prevent, investigate, record, and handle violations, upon the request of customs authorities, public security agencies, border guards, coast guard, market management agencies, and other relevant agencies shall be responsible for:

a) Coordinating forces, providing material conditions to conduct personal searches, vehicle inspections, item inspections, places where contraband is hidden, and administrative violation suspects' escorts according to administrative procedures;

b) Coordinating and supporting forces and means in taking statements, collecting information, documents, evidence, expanding investigations, establishing special cases;

c) Coordinating in the preparation of case files and handling of violation cases."

6. Supplementing Article 15a as follows:

"Article 15a. Coordination in propaganda and dissemination of policies and laws

Within the scope of customs operation areas, based on their tasks and powers, customs authorities shall take the lead and coordinate with People's Committees at all levels, public security agencies, border guards, coast guard, market management agencies, and other relevant agencies to organize the dissemination of policies and laws related to anti-smuggling and illegal transportation of goods across borders."

Article 2. Effective Date

This Decree takes effect from March 10, 2018.

Article 3. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree.

In cases where it is necessary to amend, supplement, or adjust the specific scope of customs operation areas at border gate areas on land and inland waterway border gates, the Ministry of Finance shall take the lead and coordinate with the Ministry of National Defense, the Ministry of Industry and Trade, and provincial and municipal people's committees concerned to examine and submit to the Government for decision./.