Chương II Nghị định 36/2015/NĐ-CP Quy định tiêu chí thành lập Cục Hải quan tỉnh, liên tỉnh, thành phố trực thuộc Trung ương; tổ chức, nhiệm vụ và hoạt động của Hải quan các cấp: Tiêu chí thành lập cục hải quan

Chapter II

CRITERIA FOR CUSTOMS DEPARTMENTS

Article 3. Principles of establishment

The establishment of Customs Departments must meet requirements of state customs management in provinces, inter-provinces and centrally run cities and comply with the following principles:

1. To conform with administrative reform programs and customs reform and modernization programs approved by the Government or the Prime Minister.

2. To meet criteria for establishment of Customs Departments set in this Decree.

3. To comply with the order and procedures for establishment of state administrative organizations in accordance with law.

Article 4. Criteria for establishment

1. A Customs Department may be established when the area expected to be under its management meets two out of the following three criteria:

a/ Having an export and import value 30 percent higher than average national export and import value or higher than the average export and value of the whole country (excluding areas under the management of Ho Chi Minh City Customs Department and Hai Phong City Customs Department) in the year before the year of request for establishment.

b/ Having an international land border gate, civil airport or national important seaport.

c/ Having an industrial park or economic zone.

2. In special cases, the Prime Minister shall consider and decide on the establishment of a Customs Department to meet requirements of management, protection of national sovereignty and socio-economic security in areas with long borders and complicated topography, or to facilitate socio-economic development investment in key areas.

3. Based on the criteria set in Clause 1 of this Article, the Minister of Finance shall review and plan rearrangement of Customs Departments, and submit it to the Prime Minister for consideration and decision. In case of establishment of a new Customs Department, its projected management area must meet the condition specified at Point a, Clause 1 of this Article.

4. The Prime Minister shall decide on establishment and reorganization of Customs Departments.

Article 5. Responsibilities of ministries, agencies and localities

1. The General Department of Customs

a/ To propose to the Ministry of Finance the establishment of Customs Departments;

b/ To organize the operations of Customs Departments according to their establishment decisions.

2. The Ministry of Finance

a/ To prepare schemes for establishment of Customs Departments under Articles 3 and 4 of this Decree and submit them to the Prime Minister for consideration and decision.

b/ To direct and ensure necessary conditions for the operations of Customs Departments.

3. The Ministry of Home Affairs

To appraise the establishment of Customs Departments in accordance with law.

4. People’s Committees of provinces where Customs Departments are planned to be established

To ensure necessary conditions for operations of Customs Departments.