Chapter 1
GENERAL PROVISIONS
Article 1. Customs procedure agent
Customs procedure agent (hereinafter summary called as customs agency) is a trader who is representative persons have export and import goods (hereinafter general called as goods owner) to implement the obligations of Customs declarers according to provisions in clause 1, article 16 of the Customs Law and implement other activities on customs procedures in accordance with negotiations in contract.
Article 2. Conditions for being Customs Agent
Customs Agent must get complete conditions as follows:
1. Having Business Registration under the provisions of law.
2. Having branches of business and service of handover and receipt of export and import goods or the service of making customs declarations on others’ behalf which are written in the Business Registration Certificates.
3. Having at least one (01) customs agent employee.
4. Satisfying conditions for connecting with computer networks of customs offices in order to execute electronic customs procedures at provincial/municipal Customs Departments (hereinafter short called provincial Customs Departments) where the electronic customs procedures have been carried out.
Article 3. Conditions for being customs agent staff
1. Customs agent staff member must satisfy following conditions:
a). Being a Vietnamese Citizen.
b). Having intermediate or higher diplomas in economics or law.
c). Having a customs professional Certificate.
d). Having working experiences for the Customs Agent where issued the card are at least 3 (three) months.
2. Any customs agent which issuing the cards for its staff members must bear law responsibility for conditions regulated in clause 1 of this article.
Article 4. Subjects who shall not be permitted to be customs agent staff
The following subjects shall not be permitted to be customs agent staff:
1. Adults who are limited or lost civil act capacity.
2. People who are being prosecuted criminal liability or serving imprisonment sentence.
3. Person who have been administratively handled for acts of breaking the customs and tax law within one (1) year up to the date of applying dossiers to suggest be issued customs agent staff card.
4. State officials, employee who are on service.
Article 5. Dossier of customs agent staff card issuing
1. Dossier of customs agent staff card issuing involves of
a). The application of card issuing in accordance with the form regulated by the ministry of finance.
b). Notarized copies of degrees, certificates regulated at point b, c, clause 1 of article 3 of this Decree.
c). Copy of customs agent staff’s identification Card.
2. The applicant must make dossier such as provisions in clause 1 of this article, then send it to the customs agent where working to be issued customs agent card.
Article 6. Issuing and management of the customs agent staff card
1. Staff member of custom agent satisfy conditions regulated in charter 1 article 3 and is not subjects stated in article 4 of this decree is issued the customs agent staff card by customs agent. The time limit for granting cards shall be more than 5 working days since receiving complete card granting dossier. In case of rejecting the card granting, customs agent must clearly notify card applicants in writing of the rejected reasons
2. The customs agent staff card must clearly state: full name, serial number of the identity card, name of customs agent where customs agent staff member is working.
3. After three-day-work, since date of card issuing, customs agent must send and post the list of persons who granted customs agent card in accordance with the form which is provided by the Financial Ministry in the electronic information website of the General Customs Department.
4. The customs agents are obligated to issue the regulation of management and using customs agent cards which are granted by them in accordance with the form provided by the Financial Ministry; and must be law responsible for management and using customs agent staff cards of unit.
Tìm kiếm
Nghị định 14/2011/NĐ-CP (Bản Word)
Nghị định 14/2011/NĐ-CP (Bản Pdf)