How to restructure the model of Customs branch level

Customs officers at Cai Lan Customs Branch, Quang Ninh Customs Department inspected a shipment of imported cars. Photo: Thu Trang

The GDVC proposed the contents in the 2 above decisions in the orientation of streamlining the structure in accordance with the State and Government’s policy and developed criteria as clear basis for establishment and restructure of Customs branches of provincial, inter-provincial and municipal Customs Departments under the Central government, and of teams of 6 types of Customs branch and relevant level. The restructure includes separation, combination, and dissolution of Customs branches of provincial, inter-provincial and municipal Customs Departments under the Central government.

The criteria are based on State management requirements on Customs, declaration, the volume of exit and entry passengers and the volume of work.

Criteria for establishment of Customs branch

The criteria are specified for each type such as Customs Branch at the airport, seaport, railway, road border gate, Customs branch outside border gate: permanent Customs officers are assigned at least 20 officers; the distance between the office of the expected Customs branch and neighbour Customs branches ‘offices is at least 20 kilometres.

In addition, for each Customs type, there will be specific criteria for establishment. In particular, for airport Customs Branch, the area under management must have average entry and exit passengers of at least 2 million in the latest 3 years or average international flights of 10,000 in the latest 3 years.

For seaport Customs branch, the average declarations in the latest 3 years must be 10% of average declarations of the previous two years of the group of seaport Customs branches in the whole sector.

For railway Customs branch, the areas under management are international railway border gates, the average declarations in the latest 3 years must be at least 15% of average declarations of the previous two years of a group of Customs branches in the whole sector.

Particularly for the land border-gate Customs branch, the establishment criteria shall be as follows: Each international land border gate may have one land border-gate international Customs branch: the Customs branch manages main border gate and sub-border-gates: the areas under management shall have average declarations in the latest 3 years of at least 15% of average declarations in the previous year of the group of Customs branches in the whole sector; Outside-border gate Customs branch: the expected area under the management must have average declarations in the latest 3 years of at least 10% of average declarations in the previous year of the group Customs branches in the whole sector.

In addition to the criteria, Decision 2015 / QD-BTC regulates some special cases: if the Customs branch which is planned to be establish fails above criteria will be considered for establishment or has not been considered for restructure if its permanent Customs officers are at least 12 officers and it still meets following requirements: protection of national sovereignty and economic security - society; prevention of smuggling and trade frauds; trade facilitation in a specific area; implementation of new procedures and tasks to meet the requirements of Customs administrative reform and Customs reform and modernization.

If the Customs branch fails the criteria of declaration and special criteria, it should be considered and assessed to restructure for more appropriate; the distance between the office of Customs branch which is planned to restructure (for separation case) and the office of neighbor Customs branches in the group must be at least 20 kilometers.

Criteria for establishment of teams under the branch

Decision No. 2094 / QD-BTC defines and details criteria for establishment and restructuring of teams for 6 types of Customs Branch and equivalent level.

If the number of Customs officers assigned is from over 20 to over 40 officers and the number of declarations reaches at least from 10% to 80% of an average declarations in the previous year of group of border-gate customs branches in the whole sector, Customs branches at land border gates and seaports and outside border gates shall be permitted to establish 2 to 4 teams. If the branch fails the criteria, it is not permitted to establish subordinate teams.

The Director-General of Customs issued a decision on establishing and restructuring teams under Customs branches, post-Customs clearance audit branches, Customs control teams and drug control and prevention teams under the provincial, interprovincial and municipal Customs Departments under the Central Government.

The Directors of the provincial, inter-provincial or municipal Customs Departments under the Central Government shall define the functions and tasks of the teams under the Customs branches, post-Customs clearance audit branches, Customs control teams and drug control and prevention teams The teams are: general team, procedure team, operation team and tax management team.

For airport Customs branch, if number of assigned Customs officers is from 40 to over 100 officers, the number of exit and entry passengers reaches at least 2 million per year or 4 million per year and the number of declarations reaches at least 5,000 to 100,000 declarations, the branch will be permitted to establish 4 or 8 pairs of teams. If the branch fails the criteria, it will be permitted to establish 2 teams only.

For post-customs clearance audit branch, if the number of assigned Customs officers is from over 20 people to over 50 officers, the minimum number of declarations ranges from 20% to 60% of the total number of previous declarations of the whole country, it will be permitted to establish from 2 teams to 5 teams. If the branch does not meet the criteria, it will not be permitted to establish its subordinate teams.

Customs control teams under the Customs Departments of Ho Chi Minh City, Ha Noi, and Hai Phong are permitted to establish 5 teams.

Customs control teams under provincial, inter-provincial and municipal Customs Departments, which have at least 3 border-gate Customs branches and at least 25 Customs officers, are allowed to establish 3 teams.

If Customs control teams under Customs Departments fails the criteria, they will not be allowed to establish subordinate teams.

The Decision 2015 / QD-BTC also provides some specific cases: Customs branches that do not meet the criteria in 6 types as prescribed will be considered for the establishment of subordinate teams if they are subject to one of following special cases: Establishment of subordinate teams to meet the management requirements of the sector, protection of national sovereignty and local socio-economic security or to trade facilitation in a specific area; or Establishment of subordinate teams to perform specific tasks, new management measures and professional processes to meet the management requirements and Customs management reform and modernization.