Chương 2 Nghị định 14/2011/NĐ-CP điều kiện đăng ký hoạt động đại lý làm thủ tục hải: Thông báo, hoạt động của đại lý hải quan, trách nhiệm của chủ hàng

Chapter 2

ANNOUNCEMENT, OPERATION OF THE CUSTOMS AGENT, RESPONSIBILITY OF THE GOODS OWNER

Article 7. Announcement and confirmation of satisfied conditions for customs agent operation

1. Before operation, customs agent must submit dossier of announcement on satisfying customs agent conditions, according to the provision in article 2 of this decree, send to the Customs Department of the province where set main office. The dossier includes:

a) The announcement written according the form stated by the financial ministry.

b) One (01) notarized copy of business registration certification.

c). Notarized copy of customs declaration professional certification of each customs agent staff member.

d). The sample of signature of the customs agent authorized person, who have the right to sign under the customs declaration forms.

2. In the limit time of five (05) working days, since the date of receiving completed dossier file, provided in clause 1 of this article, the Provincial Customs Department must confirm and send an announcement to confirm of having completed custom agent activity conditions for customs agents. In case need time to check more in customs agent conditions, the limit time to send announcement of confirming is more than ten (10) working days, since the day of receiving complete dossier file.

3. In the following with sending the announcement to confirm of having completed custom agent activity conditions in accordance with clause 1 of this article, the provincial Customs Department is obligated to send and post the announcement of confirming for customs agents which have completed custom agent activity conditions in the electronic information webpage of the General Customs Department.

Article 8. The customs agent’s operation

1. Signing contract in writing with goods owner.

2. Asking the goods owner for supplying complete and exact documents and information which are necessary for carrying out customs procedures of each export or import goods lot.

3. Implementing customs procedures activities in accordance with agreements in the contract, including:

a) Making declarations, giving signatures and affixing seals on customs declaration forms.

b) Submitting and presenting all of customs dossier sets related to export or import goods lots.

c) Presenting goods in order to be inspected by customs office.

4. Implementing all procedures after being authorized according to the agreement composed in the contract, including:

a) Submitting taxes, fees, costs, and other collections according to the law provisions in related to export or import goods.

b) Complain, request of handling or adjustment customs office’s decisions in related to the export or import goods.

5. Taking responsibility before the law in cases failing to properly perform authorized jobs, or declaring untruthfully of information and related documents supplied by goods owners.

Article 9. The responsibilities of goods owner

1. Signing contract with the customs agent about the scope of authorization and each contracting party’s responsibilities.

2. Supplying to customs agents fully and accurately documents, information which be necessary for customs procedures of the export or import goods lots.

3. Taking responsibilities before law in case of supplying inaccurate, incomplete information and documents related to goods lots or supplying unlawful, invalid documents as provided to customs agents, thus entailing acts breaking of law.

Article 10. Inspection and supervision of the customs agent’s operation

Customs offices inspect and supervise the customs agency’s operation and implementing provisions in this decree.

Article 11. Proof papers have to present when making customs procedures

When make customs procedures at the Customs Office, the customs agent staff have to wear the custom agent staff card and present the people’s identity card when requested.

Article 12. Assistances and foreground processing to the customs agent

1. The customs office freely assistant to the customs agent in the following fields:

a) Technical assistance in connecting the networks between the customs office and the customs agent.

b) Assistance of the customs and tax procedures on the export or import goods.

c) Updating new provisions in related to the Customs Law.

d) Practicing and fostering in customs law.

2. Export or import goods lots implemented by the customs agent in accordance with provisions in this decree shall foreground process about customs procedures in accordance with the Customs Law and guiding of the Financial Ministry.