Decision No. 72/2006/QD-BTC on the functions, tasks, powers, and organizational structure of the Anti-Smuggling Investigation Department under the General Administration of Customs

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the Anti-Smuggling Investigation Department under the General Department of Customs

___________________________

THE MINISTER OF FINANCE

Pursuant to the Law on Customs No. 29/2001/QH10 dated June 29, 2001; the Law Amending and Supplementing Certain Provisions of the Law on Customs dated June 14, 2005;

Pursuant to the Law on Prevention and Control of Narcotics No. 23/2000/QH10 dated December 9, 2000;

Pursuant to the Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to the Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the Decree No. 96/2002/NĐ-CP dated November 19, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the General Department of Customs;

Pursuant to the Decision No. 65/2004/QĐ-TTg dated April 19, 2004 of the Prime Minister promulgating the Regulations on the operation of specialized customs forces for anti-smuggling and illegal goods transportation across borders;

At the proposal of the Director-General of the General Department of Customs, the Head of the Personnel Department.

DECISION:

Article 1. The Anti-Smuggling Investigation Department is a unit directly under the General Department of Customs with the function of assisting the Director-General of the General Department of Customs in managing, guiding, directing, and inspecting units within the Customs sector, and directly organizing the implementation of work related to collecting and processing customs business information; applying risk management methods; preventing smuggling and illegal goods transportation across borders (referred to collectively as customs control); preventing narcotics in accordance with the provisions of the law within the scope of assigned tasks.

Article 2. The Anti-Smuggling Investigation Department has the following tasks and powers:

1. To take the lead or cooperate and participate in drafting, proposing amendments and supplements to regulatory legal documents, guiding documents on procedures, regulations, measures, collection, and processing of customs business information; risk management and customs control.

2. To draft and direct the implementation of programs and plans (short-term and long-term) on the collection and processing of customs business information; risk management and customs control.

3. To assist the Director-General of the General Department of Customs in directing, guiding, and inspecting provincial customs offices (referred to collectively as provincial customs offices) in performing tasks related to the collection and processing of customs business information and customs control; applying risk management methods in customs business procedures.

4. To take the lead in building a database system for customs business information serving modern customs management; applying customs control business methods to collect and process information from public and confidential sources, both domestic and foreign, related to customs activities.

5. To take the lead or cooperate and participate in drafting and implementing the application of risk management methods in customs business procedures.

6. To organize the implementation of customs control business methods as prescribed by law to investigate and detect organized smuggling and illegal goods transportation across borders involving networks and groups spanning provinces, key areas, large and complex smuggling cases according to classification levels or as directed by the Director-General of the General Department of Customs; to handle or initiate prosecution proceedings in accordance with the law.

7. To summarize and evaluate the situation and results of work related to the collection and processing of customs business information, risk management, and customs control throughout the Customs sector; to compile, analyze, forecast, and provide warning information to serve operational guidance; to provide information to relevant organizations as prescribed by law and the Director-General of the General Department of Customs.

8. To organize the storage of files and documents related to work on the collection and processing of customs business information; risk management and customs control in accordance with the law and the General Department of Customs.

9. To take the lead or cooperate and participate in drafting proposals for modern customs control force organization schemes; to coordinate in proposing staff allocation, equipping technical equipment, support tools, weapons, and inspecting the management and use of these items by units performing tasks related to the collection and processing of customs business information; risk management and customs control in the Customs sector.

10. To organize research and application of advanced scientific and technological progress in the field of collection and processing of customs business information; risk management and customs control.

11. To organize training, retraining, and upgrading the professional skills of customs officers in collecting and processing customs business information; risk management; customs control; prevention and control of narcotics; to train service dogs and explosive detection dogs.

To cooperate in developing content, programs, and participating in teaching customs business information collection and processing; risk management and customs control at training institutions of the General Department of Customs.

12. To implement international cooperation in the field of work related to the collection and processing of customs business information; risk management; customs control; prevention and control of narcotics in accordance with the law and the division of labor by the Director-General of the General Department of Customs.

13. To request units within the Customs sector to report and provide necessary information and documents related to activities of collecting and processing customs business information; risk management; customs control; prevention and control of narcotics.

14. To sign guiding, explanatory documents related to work on the collection and processing of customs business information; risk management; customs control; prevention and control of narcotics as prescribed by law and the Director-General of the General Department of Customs.

15. To perform other tasks and powers as prescribed by law and delegated by the Director-General of the General Department of Customs.

Article 3. The Anti-Smuggling Investigation Department has a Director and several Deputy Directors.

The Director of the Anti-Smuggling Investigation Department has responsibilities and powers:

1. To be responsible before the Director-General of the General Department of Customs for all activities of the Anti-Smuggling Investigation Department.

2. Shall be decided according to the分级权限或由海关总署总署长决定关于收集、处理海关业务信息；风险管理及海关监管工作的事项，依照法律规定。

3. Arrange and organize civil servants in accordance with their qualifications and professional capabilities; organize training and enhance the level of civil servants; manage financial resources and assets assigned in accordance with the regulations of the State and the Ministry of Finance.

The Deputy Director assists the Director in managing certain areas of work as assigned by the Director and is responsible before the law and the Director for the tasks delegated.

Article 4. The organizational structure of the Anti-Smuggling Investigation Department includes:

1. Office of General Staff (Office 1)

2. Office of Business Information Collection and Processing (Office 2)

3. Office of Risk Management (Office 3)

4. Office of Violation Handling (Office 4)

5. Office of Narcotics Control (Office 5)

6. Administrative, Management, Financial Affairs and Organization Office (Office 6)

1. Customs Control Team in the Northern Region (Team 1)

2. Customs Control Team in the Southern Region (Team 2)

3. Narcotics Control Team (Team 3)

4. Customs Control Squadron No. 1 (Squadron 1)

5. Customs Control Squadron No. 2 (Squadron 2)

6. Customs Control Squadron No. 3 (Squadron 3)

7. Narcotics and Explosives Detection Dog Training Center (public service unit).

Specific tasks of the Offices, Teams, Squadrons; duties, powers, and organizational structure of the Narcotics and Explosives Detection Dog Training Center shall be stipulated by the General Director of the General Administration of Customs.

Article 5. The Anti-Smuggling Investigation Department and the Narcotics and Explosives Detection Dog Training Center under the Department have legal personality, seals, and bank accounts opened at the State Treasury in accordance with the law.

The Customs Control Team in the Northern Region, the Customs Control Team in the Southern Region, the Narcotics Control Team, Customs Control Squadron No. 1, Customs Control Squadron No. 2, and Customs Control Squadron No. 3 each have separate seals to perform their tasks in accordance with the law.

Operating funds for the Anti-Smuggling Investigation Department and the Narcotics and Explosives Detection Dog Training Center under the Department shall be allocated from the budget of the General Administration of Customs.

Article 6. This Decision shall take effect fifteen days after its publication in the Official Gazette.

Repeals Decision No. 17/2003/QĐ-BTC dated February 10, 2003 of the Minister of Finance on the functions, tasks, powers, and organizational structure of the Anti-Smuggling Investigation Department; Decision No. 33/2003/QĐ-BTC dated March 17, 2003 of the Minister of Finance establishing the Anti-Smuggling Control Teams and Customs Control Squadrons under the Anti-Smuggling Investigation Department; Decision No. 807/QĐ-BTC dated March 16, 2006 of the Minister of Finance establishing Customs Control Squadron No. 3 under the Anti-Smuggling Investigation Department - General Administration of Customs; and Decision No. 03/2006/QĐ-BTC dated January 6, 2006 of the Minister of Finance amending and supplementing Decision No. 17/2003/QĐ-BTC dated February 10, 2003.

Article 7. The General Director of the General Administration of Customs, the Head of the Cadre and Civil Servant Department, the Director of the Ministry of Finance's Office, the Heads of relevant agencies, units, and organizations are responsible for implementing this Decision./.