Joint Circular No. 233/2003/TTLT/BQP-BTC guiding the coordination in state management between the Ministry of National Defense and the Ministry of Finance regarding the activities of the Coast Guard Force and the coordination of activities between the Coast Guard Force and Customs on Vietnam's maritime areas and continental shelf.

CIRCULAR

JOINT CIRCULAR OF THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF FINANCE
JOINT CIRCULAR NO. 233/2003/TTLT-BQP-BTC DATED SEPTEMBER 16, 2003 ON GUIDELINES FOR COOPERATION IN IMPLEMENTING STATE MANAGEMENT BETWEEN THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF FINANCE REGARDING THE ACTIVITIES OF THE COAST GUARD FORCE AND COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCE AND CUSTOMS AUTHORITIES IN MARITIME AREAS AND CONTINENTAL SHELVES
THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF FINANCE ON THE ACTIVITIES OF THE COAST GUARD FORCES AND THE COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCES AND CUSTOMS FORCES IN MARITIME AREAS AND CONTINENTAL SHELVES OF THE COUNTRY
THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF FINANCE ON THE ACTIVITIES OF THE COAST GUARD FORCES AND THE COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCES AND CUSTOMS FORCES IN MARITIME AREAS AND CONTINENTAL SHELVES OF THE COUNTRY
THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF FINANCE ON THE ACTIVITIES OF THE COAST GUARD FORCES AND THE COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCES AND CUSTOMS FORCES IN MARITIME AREAS AND CONTINENTAL SHELVES OF THE COUNTRY
SOCIALIST REPUBLIC OF VIETNAM

To implement the Regulation on cooperation in implementing state management over the activities of the Coast Guard Force and cooperation in activities between various forces in maritime areas and continental shelves of the Socialist Republic of Vietnam issued together with Decree No. 41/2001/NĐ-CP dated July 24, 2001 of the Government, the Ministry of National Defense and the Ministry of Finance hereby jointly issue guidelines on certain points as follows:

I. COOPERATION IN IMPLEMENTING STATE MANAGEMENT OVER THE ACTIVITIES OF THE COAST GUARD FORCE

1. Responsibilities of the Ministry of National Defense in cooperating with the Ministry of Finance (guidance for Clause 3, Article 8 of the Regulation)

1.1. Cooperate in researching and drafting normative legal documents on preventing and combating smuggling and illegal transportation of goods across borders and other violations of customs laws related to the activities of the Coast Guard Force.

1.2. Direct the Coast Guard Force to cooperate with Customs Authorities under the Ministry of Finance in patrolling, inspecting, supervising, detecting, preventing, and handling violations of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party regarding prevention and combating smuggling and illegal transportation of goods across borders and other violations of customs laws in Vietnam's maritime areas and continental shelves.

1.3. Cooperate in international cooperation on preventing and combating smuggling and illegal transportation of goods across borders by sea.

1.4. Cooperate in educating and disseminating state policies and laws of Vietnam and relevant international treaties to which the Socialist Republic of Vietnam is a party in the fields of export and import, and combating smuggling and illegal transportation of goods across borders to organizations and individuals legally operating in Vietnam's maritime areas and continental shelves.

2. Responsibilities of the Ministry of Finance in cooperating with the Ministry of National Defense (guidance for Articles 12 and 17 of the Regulation)

2.1. Clause 1, Article 12 is guided as follows:

Research and draft normative legal documents on preventing and combating smuggling and illegal transportation of goods across borders and other violations of customs laws related to the activities of the Coast Guard Force for submission to competent authorities for issuance or issuance within their authority.

2.2. Clause 1, Article 17 is guided as follows:

Provide the Coast Guard Force with types of documents issued and managed by the Ministry of Finance that are relevant to customs work.

2.3. Clause 2, Article 17 is guided as follows:

2.3.1. Assist in training and enhancing customs-related skills for officers and soldiers of the Coast Guard Force.

2.3.2. Guide and support the Coast Guard Force on customs procedures for exported, imported, and transited goods; inspection, supervision, and control systems; and identification of violations in the maritime sector to serve as a basis for handling according to the law.

2.4. Clause 3, Article 17 is guided as follows:

Cooperate in education and dissemination of laws related to the Coast Guard Force in the customs field to organizations and individuals legally operating in Vietnam's maritime areas and continental shelves.

II. COOPERATION IN ACTIVITIES BETWEEN THE COAST GUARD FORCE AND CUSTOMS AUTHORITIES

1. Responsibilities of the Coast Guard Force in cooperating with Customs Authorities (guidance for Clause 1, Article 25 of the Regulation)

1.1. Provide Customs Authorities (Anti-Smuggling Investigation Department, Post-Customs Clearance Inspection Department, Provincial Customs Departments directly under the Central Government) with information related to violations of law by domestic and foreign organizations and individuals such as smuggling, illegal transportation of goods across borders, vessels and means of transport exiting, entering, or transiting illegally, and other violations of customs laws occurring in Vietnam's maritime areas and continental shelves.

1.2. Deploy forces and means promptly when requested by Customs Authorities to detect, prevent, and handle violations of customs laws at sea.

1.3. Cooperate with Customs Authorities to inspect, supervise, detect, prevent, and handle administrative violations in the customs field according to the law.

1.4. Transfer violators, files, means of transport, and evidence of violations seized by the Coast Guard Force that fall within the jurisdiction of Customs Authorities for handling.

1.5. Accept violators, files, means of transport, and evidence of violations transferred by Customs Authorities that fall within the jurisdiction of the Coast Guard Force for handling.

1.6. The Coast Guard Bureau directs Coastal Guard Zones to coordinate specifically with specialized units under the Anti-Smuggling Investigation Department of the General Customs Department, Provincial Customs Departments directly under the Central Government; Customs Sub-departments at border gates, Customs Control Teams, and equivalent units to perform tasks in the customs field and deploy forces when Customs Authorities request to address emergencies involving ships, means of transport, and other urgent situations.

2. Responsibilities of Customs Authorities in cooperating with the Coast Guard Force (guidance for Clause 2, Article 25 of the Regulation)

2.1. The Anti-Smuggling Investigation Department informs the Coast Guard Bureau about the situation of smuggling and illegal transportation of goods across borders such as the identity, route, characteristics of vessels and means of transport; time, coordinates of loading and unloading goods, and methods used by violators of customs laws at sea.

2.2. The General Customs Department directs its subordinate units to cooperate with the Coast Guard Force to conduct inspections, supervision, detection, prevention, and handling of violations of customs laws according to the law.

2.3. Vessels, ships, and means of the Customs force participating in coordinated activities shall be responsible for mobilization by the maritime police force to pursue individuals and means violating the law in urgent situations, rescue victims, and respond to serious environmental incidents occurring in Vietnam's maritime areas.

2.4. Accept individuals, files, means, and evidence of law violations related to customs transferred by the Maritime Police Force within their jurisdiction to handle.

2.5. Transfer files, individuals, means, and evidence of law violations committed by organizations and individuals apprehended by the Customs force within the jurisdiction of the Maritime Police Force to handle.

2.6. The General Department of Customs directs the Provincial Customs Office under the direct control of the Central Government; Border Gate Customs Sub-department, Customs Control Team, and equivalent units to coordinate and cooperate specifically with the maritime police region to implement tasks in the customs field.

III. IMPLEMENTATION

1. Entrust the Maritime Police Bureau and the Anti-Smuggling Investigation Bureau to take the lead in coordinating with functional agencies of the Ministry of National Defense and the Ministry of Finance to implement and organize this Joint Circular, and have the responsibility to direct and guide subordinate units to coordinate and cooperate specifically to maintain laws in the anti-smuggling, illegal transportation of goods across borders, and other acts violating customs laws in Vietnam's maritime areas and continental shelf.

2. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

During the implementation process, every six months and annually, the Maritime Police Bureau and the Anti-Smuggling Investigation Bureau shall exchange experiences, draw lessons learned, and reach consensus on resolving issues encountered. If consensus cannot be reached, they shall promptly report to the Ministry of National Defense and the Ministry of Finance for consideration and resolution.