Joint Circular No. 25/2012/TTLT-BQP-BTC guiding the coordination between the Ministry of National Defense and the Ministry of Finance in state management of the Coast Guard's activities and coordination between the Coast Guard and Customs forces in Vietnam’s maritime and continental shelf areas.

JOINT CIRCULAR

Guidelines for coordinating the implementation of state management between the Ministry of National Defense and the Ministry of Finance regarding the activities of the Coast Guard and the coordination of activities between the Coast Guard and Customs forces in Vietnam's maritime areas and continental shelf

of the Coast Guard force and the coordination of activities between the Coast Guard force and the Customs force in the maritime areas and the continental shelf of the Socialist Republic of Vietnam

of the Socialist Republic of Vietnam

_____________________________

Pursuant to Decree No. 66/2010/NĐ-CP dated June 14, 2010 of the Government promulgating the Inter-Ministerial Regulation on the Implementation of State Management over the Activities of the Coast Guard and Coordination of Activities among Forces in Vietnam's Maritime Areas and Continental Shelf;

Pursuant to Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of National Defense and the Ministry of Finance hereby jointly issue guidelines for Clause 3, Article 5, Article 9, and Article 20 of the Inter-Ministerial Regulation on the Implementation of State Management over the Activities of the Coast Guard and Coordination of Activities among Forces in Vietnam's Maritime Areas and Continental Shelf promulgated by Decree No. 66/2010/NĐ-CP dated June 14, 2010 of the Government (hereinafter referred to as the Regulation) as follows:

Article 1. Scope of Regulation

These joint circulars provide guidelines for the coordination of state management between the Ministry of National Defense and the Ministry of Finance regarding the activities of the Coast Guard and the coordination of activities between the Coast Guard and Customs forces in Vietnam's maritime areas and continental shelf.

Article 2. Applicability

Agencies and units under the Ministry of National Defense and agencies and units under the Ministry of Finance related to the activities of the Vietnamese Coast Guard.

Article 3. Responsibilities of the Ministry of National Defense (guiding Clause 3, Article 5 of the Regulation)

1. Coordinate with the Ministry of Finance in drafting normative legal documents concerning anti-smuggling, illegal transportation of goods across borders, and violations of customs and tax laws.

2. Direct the Coast Guard to coordinate with Customs forces and relevant agencies and units under the Ministry of Finance to inspect, control, detect, prevent, and handle violations of Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party in the fields of anti-smuggling, illegal transportation of goods across borders, and other violations of customs and tax laws.

3. Coordinate in international cooperation in the field of anti-smuggling and illegal transportation of goods across borders by sea.

4. Coordinate in education and propaganda of Vietnamese state policies and international treaties to which the Socialist Republic of Vietnam is a party in the fields of export and import; anti-smuggling and illegal transportation of goods across borders for organizations and individuals operating in Vietnam's maritime areas and continental shelf.

Article 4. Responsibilities of the Ministry of Finance (guiding Article 9 of the Regulation)

The Ministry of Finance shall direct and guide relevant agencies and units to coordinate with the Coast Guard in the following activities:

1. Research, develop, and submit to competent authorities for issuance, or issue within their authority, normative legal documents on preventing and combating smuggling, illegal transportation of goods across borders, and other violations of customs and tax laws related to the Coast Guard's authority to handle violations.

2. Provide the Coast Guard with information about organizations and individuals violating laws in the fields of taxation and customs, and various types of invoices and documents issued by the Ministry of Finance that must be carried when transporting goods at sea.

3. Coordinate with the Coast Guard to conduct inspections, controls, detection, prevention, and handling of violations of laws by organizations and individuals operating at sea.

4. Direct provincial finance departments where the Coast Guard is stationed to guide the collection, payment, management, and use of fines from administrative violations; and the handling of seized assets transferred to state funds.

5. Support training and professional development in customs and tax matters for Coast Guard officers and soldiers upon request. Guide and support the Coast Guard on customs procedures for exported goods and transit; inspection, supervision, and control systems, and identification of violations in the customs field to serve as a basis for legal handling.

6. Coordinate in education and propaganda of laws related to the Coast Guard in the customs field for organizations and individuals legally operating in Vietnam's maritime areas and continental shelf.

Article 5. Responsibilities of the Coast Guard (guiding Clause 1 of Article 20)

1. Provide the Anti-Smuggling Investigation Department, Post-Clearance Audit Department, Customs Departments of provinces and centrally-administered cities, and other relevant departments with information related to violations of laws 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; other violations of customs laws occurring in Vietnam's maritime areas and continental shelf.

2. Deploy forces and equipment promptly to assist the Customs Force when requested to detect, prevent, and handle violations of customs laws occurring in Vietnam's maritime areas and continental shelf.

3. Coordinate with the Customs Force to use vessels to conduct inspections and controls at sea to detect, prevent, and handle violations of laws.

4. Transfer case files, violators, means of transport, and evidence of violations committed by organizations and individuals apprehended by the Coast Guard but falling under the Customs Force's jurisdiction.

5. Accept case files, violators, means of transport, and evidence of violations transferred by the Customs Force which fall under the Coast Guard's jurisdiction.

6. Upon request, the Coast Guard will support training and instruction in maritime operations and patrol and control at sea for Customs officials.

7. The Coast Guard Bureau shall direct subordinate units to coordinate and cooperate specifically with specialized units under the Anti-Smuggling Investigation Department of the General Customs Department, Customs Departments of provinces and centrally-administered cities, Customs Branches at border gates, Customs Control Teams, and equivalent units to carry out tasks in the customs field and deploy forces when requested by the Customs Force to address emergencies involving vessels, means of transport, and other urgent situations.

Article 6. Responsibilities of Customs Forces (guidance for Clause 2, Article 20)

1. The General Department of Customs shall notify the Coast Guard Bureau of information on smuggling and illegal cross-border transportation of goods such as: subjects, routes, identifying features of vessels and means of transport; time, coordinates of loading and unloading, and methods employed by violators of customs laws at sea.

2. The General Department of Customs shall direct subordinate units to cooperate with the Coast Guard forces to conduct inspections, controls, detections, preventions, and handling of violations of customs laws according to the provisions of the law.

3. Vessels, boats, and means of transport of the Customs Forces participating in joint operations have the responsibility to mobilize under urgent circumstances to pursue and apprehend violators, rescue victims, and respond to serious environmental incidents occurring in Vietnam's maritime areas upon the Coast Guard's request.

4. Accept case files, violators, means of transport, and evidence from cases of law violations transferred by the Coast Guard within the jurisdiction of the Customs Forces for handling.

5. Transfer case files, violators, means of transport, and evidence from cases of law violations committed by organizations and individuals apprehended by the Customs Forces but within the jurisdiction of the Coast Guard for handling.

6. The General Department of Customs shall direct provincial and centrally-administered city Customs Departments, port Customs Branches, Customs Control Teams, and equivalent units to coordinate and cooperate specifically with subordinate units of the Coast Guard to perform tasks related to customs affairs.

Article 7. Implementation Organization

The Coast Guard Bureau and the General Department of Customs shall be responsible for organizing and implementing this Circular in coordination with relevant agencies of the Ministry of National Defense and the Ministry of Finance, and shall have the responsibility to direct and guide subordinate units to coordinate and cooperate specifically to maintain customs and tax laws in Vietnam's maritime areas and continental shelf.

Article 8. Effective Date

1. This Circular shall take effect 45 days from the date of signature and replace Circular Jointly Issued No. 233/2003/TTLT-BQP-BTC dated September 16, 2003, issued by the Ministry of National Defense and the Ministry of Finance, guiding the cooperation in state management between the Ministry of National Defense and the Ministry of Finance regarding the activities of the Coast Guard and the cooperation between the Coast Guard and the Customs Forces in Vietnam's maritime areas and continental shelf.

2. During implementation, if there are any difficulties or issues arising, they should be reported to the Ministry of National Defense for coordination with the Ministry of Finance to consider and resolve./.