There will be criteria for evaluating the enterprises’ compliance with the law

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The Deputy Director of the Customs Risk Management Department, Mr. Bui Thai Quang.

The upgrade from the Customs Risk Management Committee to the Customs Risk Management Department has confirmed the importance of this work in Customs operations. In your opinion, what is the impact of this change?

The establishment of the Customs Risk Management Department has confirmed the interest of the leaders of the Government, the Ministry of Finance, the General Department of Vietnam Customs and the relevant authorities (the Interior Ministry, the Ministry of Justice and Office of the Government) which are responsible for approval of establishment of the Customs Risk Management Department.

On the trend of modern Customs management, the Customs Act 2001 included many provisions regulating post-clearance audit. Then, the Customs Act 2014 once again affirmed the importance of application of post-clearance audit on the basis of 3 factors: Detecting irregularities; applying risk management and evaluating enterprises’ compliance with the law. Therefore, the results of Customs risk management and evaluation of enterprises’ compliance with the law not only became the decisive factors before, during and post-clearance but also contribute to reducing the rate of Customs inspections.

Also, the development of Customs requires enhanced Customs risk management application (evaluating risk management and law compliance of enterprises), preventing nuisance and harassment of civil servants. Moreover, according to the Tax Administration Law and the Customs Act of 2014, there is a direct provision for Customs risk management and 20 other provisions indirectly related to Customs risk management and the law compliance of enterprises.

Recently, the application of Customs risk management is considered to be quite weak. Therefore, what are the solutions of the Customs Risk Management Department for this matter?

First, we need to promote propaganda and enterprises’ awareness of Customs risk management and the law compliance management under the Customs Act 2014 and the Tax Administration Law. Then, on the basis of the decisions of the Prime Minister, the Ministry of Finance and the General Department of Vietnam Customs, the Customs Risk Management Department will soon complete the organizational structure and put into operation from the General Department of Vietnam Customs to the provincial level of Customs Departments and Customs Branches. Currently, there are 6 professional divisions in Customs Risk Management Department; 10 Customs Risk Management Branches at 10 key Customs Departments and 25 other Customs Departments having Customs officers specializing in Customs risk management (under the Division of handling violations and operations). Besides, Customs also raises activities to collect information inside and outside the Customs sector, which creates many clues and information sources to process.

In the building and issuance of the law on compliance management of enterprises, the Ministry of Finance has assigned the General Department of Vietnam Customs (the Customs Risk Management Department) to build and design the scheme of voluntary compliance of enterprises with the law. Also, the Customs Risk Management Department has focused on reviewing and issuing criteria of Customs risk management, indicators of the law compliance management to support the operations of Customs diversion, Customs supervision and post-clearance audit much more effectively. Moreover, the implementation of post-clearance audit on exported and imported goods, people and vehicles should be uniform and centralized.

In the near future, what will the Customs Risk Management Department focus on, Sir?

First, through the management of enterprises and law compliance management, the Customs Risk Management Department will summarize, analyze and manage all registered enterprises nationwide in the field of export and import to evaluate enterprises’ compliance with law and rank these enterprises to create voluntary law compliance of enterprises, thereby reducing the load on Customs during and post-clearance audit.

Second, in collaboration with ministries, departments and professional units under the General Department of Vietnam Customs, the Customs Risk Management Department will issue the list of goods through a reliable channel of risk management, and simplify and harmonize risk management policies on imports and exports.

Third, the Customs Risk Management Department will build and train Customs officers to have good analytical skills, tracking and risk management skills in Customs Departments and Customs Branches. Therefore, the Customs Risk Management Department will recommend application of risk control measures for cargo, luggage, people and means of immigration effectively, ensuring the State management over Customs.

344 legal documents on specialized management and specialized inspection VCN- According to statistics of the General Department of Vietnam Customs, by June 30, 2016, there were ...

Fourth, step by step evaluating the measures of enterprises’ compliance with the law in the Customs sector through the indicators of quality, the effectiveness of risk management and the law compliance management every year.

Thank you!