Revising the regulation on procedures for re-operation of Customs brokers

	Amending Circular and rectifying Customs brokers’ operation
	Customs brokers have not yet strictly complied with regulations
	Customs brokers have not made use of rights and ability

Operation at Customs Branch at North Thanh Long Industrial Zone (Hanoi Customs Department). Photo: Huu Linh

Specifically, regarding the amendment of the regulation on suspension or termination of operation of customs broker (Clause 5 of Article 1 of the Draft amend and supplement Article 7 of Circular 12), the Draft amends the regulation on suspension of operation of Customs brokers in the direction that the General Department of Customs shall take the initiative in deciding to suspend the operation of the customs brokers which fail to satisfy the conditions prescribed in Clause 1 of this Article 20 of the Customs Law, or Customs brokers which are operating in names and at places different with the registered information with the Customs authority, instead of waiting for reports from Customs Departments.
According to VCCI, the revision of the above regulation is appropriate, however the regulation on consideration for re-operation of Customs brokers which are suspended from operation has still not been revised: Customs department will check and verify the eligibility and report to the General Department of Customs for certification, this means that the General Department of Customs still has to wait for the report from Customs Department.

Meanwhile, the General Department of Customs has enough information and database to identify whether the Customs brokers are eligible or not, and break conditions or not. Accordingly, the General Department also has enough information to know whether those Customs brokers are able to overcome those violations or not (for example: the violation on condition on Customs brokerage officer will be verified through the application of the companies and other companies)

On the other hand, the regulation in point b term 1 of Article 7 (revised) is not specific on the procedures for re-operation. Particularly, how long does it take, from the time of receiving the application for re-operation of the Customs brokers, for Customs Department to check and verify the eligibility; after the verification, how long does it take for Customs Department to report to the General Department of Customs, and how long does it take, from receiving the report from Customs Department, for General Department of Customs to issue a decision for re-operation of the Customs brokers? The unclear procedures make it difficulty for Customs brokers to identify the time of re-operation after the suspension.

Customs News will organize online questionnaire with the topic: What need to be modified in the policies of customs brokers? VCN – In order to inform and propagate more fully about the new points which are expected ...

Thus, in order for transparency and legality, VCCI proposes the Drafting Committee to revise the regulation on procedures for re-operation of the Customs brokers in direction that the General Department of Customs will consider and decide that instead of waiting for the report from Customs Department, at the same time, to specify the procedures.

In case where there is a reasonable explanation for this regulation remaining as the Draft, it is required to specify the procedures, especially above-mentioned issues.