Joint Circular No. 30/2007/TTLT/BTC-BLDTBXH guiding the implementation of regulations and policies for secret facilities of the specialized Customs force against smuggling and illegal cross-border goods transportation.

JOINT CIRCULAR

Guidelines for Implementing Regulations and Policies for Secret Facilities of the Customs Force Specialized in Combating Smuggling and Illicit Goods Transportation Across Borders

prevention and suppression of smuggling and illegal transportation of goods across the border

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Pursuant to the Law on Customs dated June 29, 2001 and the Law Amending and Supplementing Certain Provisions of the Law on Customs dated June 14, 2005;

Pursuant to Decree No. 54/2006/ND-CP dated May 26, 2006 of the Government guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution;

Pursuant to Decision No. 65/2004/QD-TTg dated April 19, 2004 of the Prime Minister on the issuance of the Regulation on the Operation of the Customs Force Specialized in Combating Smuggling and Illicit Goods Transportation Across Borders;

The Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs jointly issue guidelines for implementing regulations and policies for secret facilities of the Customs Force Specialized in Combating Smuggling and Illicit Goods Transportation Across Borders as follows:

I. APPLICABLE OBJECTS

Secret facilities selected, managed, and utilized by the Customs Force Specialized in Combating Smuggling and Illicit Goods Transportation Across Borders (hereinafter referred to as the Customs Control Force) shall be governed in accordance with Decision No. 65/2004/QD-TTg dated April 19, 2004 of the Prime Minister.

II. CONDITIONS FOR ENJOYING PREFERENTIAL REGULATIONS

1. When performing tasks assigned by the Customs Control Force, secret facilities shall be protected in terms of their lives, legitimate political and legal interests, and material support; in cases of illness or accidents, they shall be supported and compensated for material assistance by the customs agency assigning the task.

2. Secret facilities shall be considered for treatment as war invalids or martyrs when injured or sacrificed while performing tasks assigned by the Customs Control Unit under one of the following circumstances:

2.1. Struggling against crimes related to smuggling and illicit goods transportation across borders.

2.2. Bravely performing urgent tasks to protect state property in the customs sector.

3. Secret facilities shall not enjoy benefits and policies in the following cases:

3.1. Secret facilities are not loyal or take advantage of the performance of tasks assigned by the Customs Control Force to violate laws or fail to properly perform their duties and follow the instructions of authorized persons.

3.2. Secret facilities are injured or killed due to their own actions or violations of laws or customs agency regulations.

III. REGULATIONS AND POLICIES FOR SECRET FACILITIES

1. Protection of Lives, Health, and Property:

When performing tasks assigned by the Customs Control Force, secret facilities threatened with danger to their lives or health have the right to request the Customs Control Unit and competent authorities to apply measures to ensure their lives, health, and property, as well as those of their families.

2. Ensuring Legitimate Political and Legal Interests:

If secret facilities are temporarily detained, arrested, or indicted, or prosecuted in court while performing tasks assigned by the Customs Control Force, the Customs Control Unit assigning the task shall promptly report to the General Director of the General Department of Customs for consideration and recommendation to competent authorities to exempt them from criminal responsibility if they fulfill their secret facility duties properly.

Secret facilities shall not enjoy political and legal benefits if they are not loyal or fail to properly perform their assigned tasks.

3. Awards:

Secret facilities who achieve outstanding results in combating smuggling and illicit goods transportation across borders shall be considered for awards in the following forms:

3.1. Certificate of Commendation

3.2. Medal of Commendation

3.3. National Honor Title

3.4. Medal

3.5. Order

4. Social Preferential Treatment:

Secret facilities who are injured or sacrificed while performing tasks in the circumstances specified in Clause 2, Section II of this Circular shall be considered for recognition and resolution of benefits for persons entitled to policy treatment as war invalids or martyrs, and resolution of benefits for the families of martyrs.

Procedures and documents for social preferential treatment are stipulated in Circular No. 07/2006/TT-BLDTBXH dated July 26, 2006 of the Ministry of Labor, Invalids, and Social Affairs.

5. Material Support:

5.1. When performing tasks assigned by the Customs Control Force, secret facilities who suffer accidents, illnesses, or death shall be reported by the Customs Control Unit assigning the task to the competent authority for assistance and support in the following areas:

a) Accidents or illnesses:

- All medical costs from initial first aid to stable recovery.

- A sum of money for compensation depending on the severity of the illness or injury caused by the accident.

b) Death:

- Funeral expenses according to current state regulations.

- One-time assistance to the family according to current state regulations.

5.2. During temporary detention, arrest, prosecution before court, or imprisonment (including suspended sentences and probation periods, if any), or in case of sudden financial difficulties, the Customs Control Unit assigning the task shall consider each specific case and report to the competent authority for assistance to the family.

5.3. In cases where they are convicted, after completing the sentence, the customs agency shall consider resolving the following policies and benefits:

a) Assistance for health check-up and treatment (if necessary).

b) Officially raise issues with local authorities where the secret facility resides and organizations where the secret facility works before being arrested to create conditions for the secret facility to continue working.

IV. IMPLEMENTATION

This Circular shall take effect 15 days after its publication in the Official Gazette.

Any difficulties encountered during implementation should be reported to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs for research and resolution.