Chương 3 Nghị định 14/2011/NĐ-CP điều kiện đăng ký hoạt động đại lý làm thủ tục hải: Khen thưởng và xử lý vi phạm

Chapter 3

COMMENDATION AND HANDLING OF THE LAW-BREAKING

Article 13: Commendation

The customs agents obey customs law and gain good performance of implementing the Customs Law shall be commended, rewarded according the laws.

Article 14. Handling of the law-breaking

1. Regarding to the customs agents

a) The provincial Customs department suggests the Planning and Investment department of centrally-affiliated cities and provinces to issue a decision of stopping activities of customs agents in the following cases:

- The customs agents act when fail in conditions provided in article 2 of this Decree.

- The customs agents connive with goods owners to break of the customs law.

- The customs agents self-willed change their names, addresses without informing to the Provincial Customs department, where set their main offices.

- The customs agents self-willed terminate their activities.

- The customs agents have been suspended of their activities two (02) times within one year, but continue to break the customs law.

b) The heads of provincial Customs departments decide to suspend the customs agents’ operation in the following cases:

- The customs agents do not implement fully customs agent responsibilities which are regulated in article 1 of this Decree and other related laws.

- To disobeys or fail in obeying the punishment decisions of the Customs Office.

- To lend the customs agent’s name.

- The customs agents have administrative violation handled two (02) times in one year or have three (03) staff members who are withdrawn of the customs agent staff cards.

The suspension duration shall count from the time when the above-stated acts are detected to the time when customs agents complete remedying consequences.

c. The customs agent which has been stopped or suspended of operation under provisions in point a or b of this article have responsibility to withdrawal the issued customs agent cards. The reissuing customs agent staff card shall be permitted to implement when the customs agents are approved of operation continuing by the state authorized organize.

2. Regarding to the customs agent staff:

a) The customs agent staff shall be withdrawn the customs agent staff card in the following cases:

- Having activities of smuggling, commercial fraud or tax evading;

- Lending others to use their cards or using other’s cards;

- Using the cards to execute customs procedures for goods lots of enterprises which have not yet contract with customs agents where they are working;

- Having activities of bribing customs cadres, public servants or having customs procedure law violations related to export or import goods.

b) The customs agents take responsibility to withdrawn the customs agent cards provided in point a this clause, and simultaneous inform the list of customs agent staff members who are withdrawn cards in accordance the form provided by the Financial Ministry to the provincial Customs departments where set their main office and send to post in the electronic information webpage of General Customs department.