Chương 7 Nghị định 154/2005/NĐ-CP: Thông tin hải quan

Chapter VII

CUSTOMS INFORMATION

Article 72.- Customs information system

1. Customs information means a collection of information on imports, exports and in-transit goods as well as means of transport on entry, exit and in transit; on organizations and individuals directly or indirectly involved in the import, export or transit of goods, and related to means of transport on entry, exit and in transit; and other information relating to customs activities.

2. Customs information shall be used as a basis for making statistics on imports and exports; assessing the observance of law by customs declarants, the risks of committing violations of customs law, serving customs clearance, post-customs inspection as well as prevention and combat of violations of law in customs-related activities.

3. Acts of illegally accessing, manipulating and destroying the customs information system are strictly prohibited.

Article 73.- Building of the system of, gathering, processing and exploiting, customs information

1. The General Department of Customs shall have to organize the building, management and development of the database and technical infrastructure of the customs information system uniformly from the General Department of Customs to grassroots units; organize units specialized in gathering and processing information, managing the database, maintaining and operating the customs information system; coordinating with agencies, organizations and individuals outside the customs service in connecting networks for exchange of relevant information.

2. Customs offices at all levels shall have to gather, process and update customs information in the system according to the objectives and management requirements of each period.

Customs information may be gathered and processed from the following sources: dossiers and documents kept by the General Department of Customs; customs procedure clearance, customs inspection and supervision, analysis and classification of goods; results of activities of customs control forces; denunciations about acts of violating customs law committed by agencies, organizations or citizens; agencies, units and organizations involved in customs activities; domestic and foreign mass media; exchange of information with customs offices of foreign countries or international customs organizations; and other sources.

3. Customs units and officers, state agencies, enterprises, organizations and individuals have the right to exploit customs information.

4. The Finance Minister shall specify the building of the system of customs information, and the gathering, processing as well as scope and extent of exploitation of such information.

2.  Responsibilities of agencies, organizations and individuals

a/ Organizations and individuals shall have to provide information and documents to customs offices under the provisions of law.

b/ Ministries, ministerial-level agencies, Government-attached agencies and People’s Committees at all levels shall have to provide and exchange information related to customs activities as follows:

- The Ministry of Trade: To supply information on policies for management of Vietnamese and foreign imports, exports and in-transit goods; and market management information;

- The Ministry of Public Security: To supply and exchange information on the prevention and fight of crimes related to economic management and national security in the domain of state management over customs; provide information on individuals on entry and exit, and information on registration and management of means of transport;

- The Ministry of Defense: To supply and exchange information on the state management of borders, sea areas and islands and information on individuals on entry and exit for the purpose of state management over customs;

- The Ministry of Post and Telematics: To direct and guide postal and telecommunication service-providing enterprises in providing customs offices with information on postal import and export packages and parcels; information on goods receivers and senders; and coordinate with the latter in building an information network;

- The Ministry of Planning and Investment: To direct and guide provincial/municipal Planning and Investment Services in providing information on business registration, investment, establishment, merger and dissolution of import/export enterprises;

- The Ministry of Transport: To direct and guide state management agencies, enterprises, sea and air transport agents in providing information on manifests, bills of lading, transport routes and other information on goods, passengers and means of transport involved in import, export, entry, exit or transit activities;

- Banks and credit institutions: To supply information on payment activities related to imports, exports or in-transit goods of individuals, organizations or enterprises;

- The Ministry of Industry, the Ministry of Agriculture and Rural Development, the Ministry of Health, and other ministries and branches shall, within the ambit of their functions and tasks, have to supply to and share with customs offices information about specialized management of imports and exports of all kinds.

3. Information shall be provided and exchanged in form of documents or electronic data through computer networks connected directly between customs offices and the above-mentioned agencies, organizations and individuals.

4. The Finance Ministry shall assume the prime responsibility for, and coordinate with other ministries and branches in, elaborating specific regulations on exchange and provision of customs information.