Chương VII Nghị định 08/2015/NĐ-CP: Các biện pháp nghiệp vụ kiểm soát hải quan

Chapter VII

PROFESSIONAL CUSTOMS CONTROL METHODS

Article 101. Professional customs control methods

1. Professional customs control methods shall include:

a) Mobilize the public to get involved in preventing or combating smuggling or illicit transportation of commodities across borders;

b) Carry out the customs patrol;

c) Collect and study information about regions, commodity transportation routes, cases, phenomena, incoming, outgoing or in-transit transports and related persons;

d) Collect and study information about any individual who shows the sign of smuggling, illicit transportation of commodities across borders;

dd) Collect and deal with domestic or foreign information concerning customs operations. Send government cadres or officials abroad to verify, collect information and materials in accordance with Vietnam's laws and international agreements to which the Socialist Republic of Vietnam is a signatory;

e) Select, organize and use employees who are not in the payroll of customs authorities in order to perform tasks of preventing and combating smuggling and illicit transportation of commodities across borders;

g) Assign customs officers to examine, supervise and monitor activities of smugglers or illegal carrier of commodities across borders;

h) Use dedicated equipment or techniques in accordance with laws in order to perform tasks of examining, supervising and monitoring activities of smugglers or illegal carrier of commodities across borders.

2. Customs authorities shall use combined professional methods of customs control, and dedicated transports or technical equipment for preventing and combating smuggling and illicit transportation of commodities across borders.

3. The Ministry of Finance shall stipulate benefit or supportive policies in order to ensure that professional customs control methods prescribed in this Article shall be applied.

Article 102. Customs patrol

1. Customs authorities shall be responsible for organizing personnel and preparing transports for customs patrol methods within their customs areas in order to preventing and combating smuggling and illicit transportation of commodities across borders.

2. In the customs patrol process, customs authorities shall have the right to:

a) Use warning lights, flags, flares, loudspeakers or whistles;

b) Stop and search transports and cargos loaded on transports to find out any sign of violations against the customs law;

c) Carry out frisk search and search transports or items in accordance with the law on handling of administrative violations;

d) Detain persons or impound exhibits or transports that committing violations in accordance with the Law on Handling of administrative violations;

dd) If customs control team any transport that shows the sign of violations against laws whilst performing the task of patrolling inland waterway areas or territorial waters, they can send a warning signal to stop transports for examination in accordance with the Vietnam’s Law of the Sea. If the search is required for a violation against laws, transports must be brought back to ports or anchoring site in order to ensure safety for this search. The search must be carried out in accordance with the law on handling of administrative violations.

After finishing the examination, customs authorities must make a record on this. Each of the transport owner or operator shall keep 01 copy.

Article 103. Temporary cessation of departure and transport stopping

1. Departure of transports shall be temporarily ceased and transports shall be stopped if:

a) Customs authorities receive a report on acts of smuggling, illicit transportation of commodities across borders, and verify that such report is reliable;

b) Customs authorities receive a report from competent agencies on acts of smuggling, illicit transportation of commodities across borders, or receive a request from such agencies for stop or delay of transports;

c) Customs authorities receive information reported from customs authorities of different countries on acts of smuggling or illicit transportation of commodities across borders;

d) In the course of customs patrol or control, customs authorities have found out that transports show the sign of smuggling or illicit transportation of commodities across borders ;

dd) Cargo transports, though they are going through customs procedures, or cargos have yet to be customs cleared or released, intentionally move out of customs areas;

e) There are reasonable grounds that transports are carrying illegal commodities or show other violations against customs regulations.

2. Authority to carry out temporary cessation of departure and transport stopping

a) The Director of the Customs Sub-department, the Leader of the Customs Control Team affiliated to the Customs Department at provincial, inter-provincial or municipal levels, the Leader of the Smuggling Control Team affiliated to the Smuggling Investigation and Prevention Department shall be vested authority to stop or delay the departure of transports within customs areas.

In case there are reasonable grounds that, unless such transports have been stopped, exhibits, materials or transports may intentionally vanish or be destroyed, customs officials whilst on duty shall have authority to stop these transports for search and immediately report this to competent persons as stipulated in this Clause;

b) The Leader of the Marine Control Team affiliated to the Smuggling Investigation and Prevention Department, the Leader of the Customs Control Team affiliated to the Customs Department at provincial, inter-provincial or municipal levels, shall have authority to stop or delay the departure of transports at inland waterway areas or territorial waters in conformity with regulations enshrined in the Vietnam's Law of the Sea.

3. When stopping transports, customs officials shall be entitled to use warning lights, flags, flares, loudspeakers or whistles.

Temporary cessation of the departure of transports must be subject to the decision made by competent persons as prescribed in Clause 2 of this Article. With regard to temporary cessation of the departure of inland waterway and sea transports, customs authorities must send a report to the Maritime Administration Authority.

4. Persons who make a decision temporary cessation of departure and transport stopping shall be held legally responsible for such decision.

Article 104. Chasing of transports, commodities smuggled or illegally carried across borders

1. In case there is clear evidence that commodities smuggled or illegally carried across borders, or transports used for smuggling and illegally carrying commodities across borders are moving out of customs areas, customs authorities shall continue to chase to prevent or handle these illegal activities in accordance with laws.

2. The Director of the Customs Sub-department, the Leader of the Customs Control Team affiliated to the Customs Department at provincial, inter-provincial or centrally-affiliated municipal levels, the Leader of the Smuggling Control Team or the Leader of Marine Control Team affiliated to the Smuggling Investigation and Prevention Department shall be vested authority to decide such chase.

In case there are reasonable grounds that, unless such chase have occurred, transports, commodities that are smuggled or illegally carried across borders may intentionally vanish or be destroyed, customs officials whilst on duty shall have authority to carry out a chase and then report this to competent persons as prescribed in this Clause.

3. When chasing transports, commodities smuggled or illegally carried across borders, customs officials stipulated in Clause 2 of this Article shall be entitled to stop transports.

4. Chasing and stopping transports, commodities smuggled or illegally carried across borders must be reported to the police authority, border guard, coastguard and market management team in the area in order to collaborate and concurrently apply preventive or controlling measures in accordance with laws.