Chapter I
GENERAL PROVISIONS
Article 1.- Agents carrying out customs procedures
Agents carrying out customs procedures (hereinafter referred to as customs agents) mean traders who perform, on behalf of export and import goods owners (hereinafter referred to as goods owners), responsibilities of customs declarers according to the provisions of Clause 1, Article 16 of the Customs Law and other jobs regarding customs procedures as contracted.
Article 2.- Conditions for acting as customs agents
A customs agent must fully meet the following conditions:
1. Having made business registration according to the provisions of law;
2. Being engaged in the business line of providing the service of forwarding export or import goods, or the service of making customs declarations on others’ behalf, which is stated in its business registration certificate;
3. Having at least one (01) customs agent staff member.
4. Satisfying conditions for connecting with computer networks of customs offices for carrying out electronic customs procedures at provincial/municipal Customs Departments (hereinafter called provincial Customs Departments for short), where electronic customs procedures have been carried out.
Article 3.- Conditions for acting as customs agent staff
A customs agent staff member must satisfy the following conditions:
1. Being a Vietnamese citizen;
2. Having intermediate or higher diplomas in economics or law.
3. Having a certificate of custom declaration profession.
Article 4.- Subjects who are not allowed to act as customs agent staff
The following subjects shall not be allowed to act as customs agent staff:
1. Adults who have limited or lost civil act capacity.
2. Persons who are being examined for penal liability or serving imprisonment sentences.
3. Persons who have been administratively handled for acts of violating customs and tax laws within one (01) year up to the date of filing the dossiers of application for customs agent staff cards.
4. State officials and employees who are on service.
Customs agents which applying for customs agent staff cards for their staff must bear responsibility before law for the inspection and certification of the conditions stated in this Article.
Article 5.- Customs agent staff cards
1. Staff members of customs agents who satisfy the conditions provided for in Article 3 of this Article shall be granted customs agent staff cards by customs offices. The time limit for granting cards shall be 10 working days after complete dossiers of application are submitted. In case of refusal to grant cards, customs offices must clearly notify in writing the reasons therefor to card applicants.
2. A customs agent staff card must clearly show the full name, serial number of the identity card of the customs agent staff member, the name of the customs agent where such customs agent staff member is working.
Article 6.- Dossiers of application for customs agent staff cards shall each comprise:
1. Written request of the managing customs agent, clearly stating the full name, the serial number and date of issuance of the identity card of the card applicant.
2. Notarized copies of diplomas and certificates specified in Clauses 2 and 3, Article 3 of this Decree.
Tìm kiếm
Nghị định 79/2005/NĐ-CP (Bản Word)