Decision No. 65/2004/QĐ-TTg Issuing the Regulation on the Operation of Customs Forces Specialized in Preventing and Combating Smuggling and Illicit Transport of Goods Across Borders

DECISION OF THE PRIME MINISTER

Issuing Regulations on the Activities of Specialized Customs Forces for Preventing and Combating Smuggling and Illicit Transport of Goods Across Borders Preventing and combating smuggling and illicit transport of goods across borders

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Customs Law dated June 29, 2001;

Pursuant to Decree No. 107/2002/NĐ-CP dated December 23, 2002, of the Government stipulating the scope of customs territory; relations of coordination in preventing and combating smuggling and illicit transport of goods across borders and other acts violating customs laws;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. These Regulations are promulgated together with this Decision "Regulations on the Activities of Specialized Customs Forces for Preventing and Combating Smuggling and Illicit Transport of Goods Across Borders".

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Minister of Finance, Ministers of various Ministries, Heads of agencies at the ministerial level, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision./.

 

REGULATIONS

Activities of specialized customs forces for preventing and combating smuggling

Preventing and combating smuggling and illicit transport of goods across borders

(Promulgated together with Decision No. 65/2004/QĐ-TTg

dated April 19, 2004 of the Prime Minister, Government)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These Regulations provide for business activities and conditions ensuring such activities of specialized customs forces for preventing and combating smuggling and illicit transport of goods across borders (hereinafter referred to as specialized control customs forces).

Article 2. Principles of operation of specialized control customs forces

1. Compliance with the law; performing duties, powers, and responsibilities as prescribed by law; timely and accurately detecting and strictly handling acts of smuggling and illicit transport of goods across borders and other acts violating customs laws; not causing difficulties or hindrances to export, import, exit, and entry activities.

2. Specialized control customs forces shall be organized and operate according to the principle of centralization and unity; higher-level agencies direct, guide, and inspect the business activities of lower-level agencies; lower-level agencies comply with directives from higher-level agencies, implement regular and ad hoc reporting systems as required by higher levels.

3. Strictly prohibiting the disclosure of confidential information about customs control work to individuals or organizations without responsibility.

4. Specialized control customs force’s business measures and dedicated business equipment shall only be used for the purpose of preventing and combating smuggling and illicit transport of goods across borders and other acts violating customs laws.

5. Within the customs territory, specialized control customs forces shall take the lead in carrying out prevention and combat against smuggling and illicit transport of goods across borders and other acts violating customs laws. Outside the customs territory, specialized control customs forces shall have the responsibility to coordinate with relevant state agencies and authorities at all levels to carry out prevention and combat against smuggling and illicit transport of goods across borders and other acts violating customs laws.

Chapter II

SPECIFIC PROVISIONS

Article 3. Business measures of customs control

1. Mobilizing the masses to participate in preventing and combating smuggling and illicit transport of goods across borders.

2. Investigative research to grasp the situation.

3. Patrol and control.

4. Measures to prevent and stop as prescribed by law to serve the verification, clarification, and handling of violations of customs laws.

5. Conducting certain investigative activities within the authority prescribed in the Criminal Procedure Code and the Law on Organization of Criminal Investigation.

6. Collecting domestic and foreign information related to customs operations to proactively prevent and combat smuggling and illicit transport of goods across borders, serving clearance and post-clearance inspection.

7. Necessary surveillance measures to prevent and combat smuggling and illicit transport of goods across borders and other acts violating customs laws.

Article 4. Necessary surveillance measures in customs control activities

1. Secret sources:

Specialized control customs forces select individuals who are not part of the customs workforce, but have the ability and conditions to participate in customs control tasks according to the principle of secrecy.

2. Surveillance measures:

Specialized control customs forces compile lists of organizations, individuals, goods, and routes that are likely to be involved in smuggling and illicit transport of goods across borders to proactively apply preventive and management measures focusing on key areas.

3. Organizing special case struggles:

Specialized control customs forces concentrate and integrate manpower, means, and business measures to promptly and accurately prevent acts violating customs laws; collect information, evidence, and temporarily detain violators according to their assigned tasks and authorities as prescribed by law.

4. In necessary cases, specialized control customs forces may apply internal surveillance, external surveillance, and technical surveillance measures to detect acts of smuggling and illicit transport of goods across borders.

The Minister of Finance shall take the lead and coordinate with the Ministers of Public Security and National Defense to provide specific guidance on the application of surveillance measures as stipulated in this clause.

Article 5. Selection, management, and utilization of secret sources

1. The General Director of the General Department of Customs approves secret sources selected, built, and proposed by the Directors of the Anti-Smuggling Investigation Bureau, Provincial, Provincial-City, and Central City Customs Bureaus.

2. Secret sources are established through persuasive educational methods.

3. Management and utilization of secret sources:

a) Secret sources must be used for the purposes and requirements of specialized customs control forces.

b) There must be a proactive and safe plan to withdraw secret sources from special cases when using them for special case struggles and solving cases.

c) Secret sources are managed and utilized according to the principle of secrecy and single-line communication.

d) Staff selecting and building a secret source must manage and utilize that secret source; they also have the responsibility to establish personal files and related work files concerning the secret source.

đ) Direct leaders responsible for customs control work must monitor and manage the network of secret sources within their assigned scope and tasks.

e) In case the secret source commits a violation of the law, is subject to administrative penalties, or is prosecuted, the customs organization directly recruiting this secret source shall be responsible for protecting the business secrets related to the secret source.

4. All business activities, information, and materials provided by the secret source must be checked in accordance with the regulations.

5. The following acts are strictly prohibited:

a) Using the leader, mastermind, or organizer of smuggling activities, illegal transportation of goods across borders, or smugglers whose actions have caused serious consequences; in exceptional cases, a report must be made to the Director General of the General Department of Customs for decision.

b) Reusing secret sources that do not meet the requirements of the customs control force.

c) Issuing introduction letters, travel permits, weapons, and support tools to the secret source.

d) Using the secret source to serve personal interests in any form.

Article 6. Policy and treatment for the secret source

1. The secret source is protected in terms of life, legitimate political and legal interests related to cooperation with the customs control force.

2. The secret source completing tasks well will be rewarded.

3. If the secret source suffers an accident, injury, illness, or death while performing duties, they will be entitled to benefits and policies according to the regulations.

The Minister of Finance shall take the lead and coordinate with relevant ministries and sectors to specify this Article.

Article 7. Conditions ensuring the operation of customs control business

1. The customs control force is equipped and uses necessary technical means, weapons, and support tools to serve customs control operations in accordance with the law.

2. The funds allocated for special customs control business activities as stipulated in Article 8 of this Regulation.

3. The customs control force may request relevant agencies, organizations, and individuals to provide necessary information and materials for verifying smuggling, illegal transportation of goods across borders, and other violations of customs laws; request postal service enterprises to open mail packages, imported/exported goods through postal services for inspection if there is reasonable suspicion that such items contain documents or goods related to smuggling, illegal transportation of goods across borders, and other violations of customs laws.

4. When necessary, the customs control force may request relevant agencies, organizations, and individuals to cooperate in providing transportation means to assist in pursuing and apprehending suspects involved in smuggling, illegal transportation of goods across borders, and other violations of customs laws. If the provided means suffer damage, the customs agency must compensate the owner of the means according to the law.

Article 8. Funds allocated for special customs control business activities

1. The funds allocated for special customs control business activities include:

a) Expenses for recruitment, construction, management, utilization, and implementation of policies and treatments for the secret source.

b) Intelligence purchase expenses.

c) Expenses supporting specialized case struggle work.

d) Other expenses related to special customs control business activities as prescribed.

2. The funds allocated for the activities specified in Clause 1 of this Article shall be included in the annual state budget estimate assigned to the General Department of Customs.

3. The Ministry of Finance shall take the lead and coordinate with relevant ministries and sectors to study and issue mechanisms for managing and using funds allocated for special customs control business activities in accordance with current regulations, ensuring necessary conditions for the customs control force to perform its functions and tasks effectively.

Chapter III

IMPLEMENTATION

Article 9. State agencies at all levels, organizations, and individuals concerned have the responsibility to cooperate and create favorable conditions for the customs control force to complete its tasks.

Any act obstructing or failing to comply with this regulation shall be handled according to the law.

Article 10. The Minister of Finance is responsible for leading and coordinating with relevant ministries and sectors to guide the implementation of this regulation.

During the implementation of this Regulation, if there are issues requiring supplementation or amendment, the Minister of Finance shall be responsible for compiling reports and submitting them for consideration and decision by the Prime Minister./.