Quyết định 448/QD-TTg

DECISION

APPROVING THE STRATEGY FOR CUSTOMS DEVELOPMENT THROUGH 2020

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Government's Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
At the proposal of the Minister of Finance,

DECIDES:

Article 1. To approve the Strategy for customs development through 2020, with the following principal contents:

I. VIEWPOINTS AND OBJECTIVES OF THE STRATEGY

1. Viewpoints: The Strategy for development of Vietnamese Customs through 2020 (below referred to as the Strategy) thoroughly grasps the following viewpoints:

a/Assuring the Party leadership and the state management; observing law and complying with the national socio-economic development orientations and the public administration reform program; and realizing international commitments to which Vietnam is a contracting party;

b/ Facilitating trade while enhancing state administration of customs under law;

c/ Taking reform and modernization as the foundation, concentrating investment on customs modernization in key regions and areas, while taking into account balanced and harmonious development between regions and areas lo ensure overall development and modernization of Vietnamese Customs. Promoting internal strengths as a major solution in combination with making use of external assistance for fast and sustainable development; d/ Promoting the aggregate strength of the entire political system, ministries, sectors and localities, with the customs sector as the core, and based on the supervision and implementa­tion by the business community and people.

2. Overall objectives:

To build a modern Vietnamese Customs with sufficient and transparent mechanisms and policies, simple and harmonious customs procedures reaching international standards, based on the application of information technology, centralized data processing and wide application of risk management methods, reaching a level equivalent to those applied in advanced Southeast Asian countries. To build a professional and specialized customs force with modern equipment and techniques and effective and efficient operations, contributing to facilitating lawful trade, developing tourism, attracting foreign investment, assuring national security and social safety, protecting the interests of the State and the rights and legitimate interests of organizations and individuals.

3. Major objectives:

a/ Institutions: To build and perfect the customs legal system toward modernization, consistency, compliance with the guidelines on administrative reform procedures and international standards and commitments; to build a modern legal system on customs consisting of sufficient regulations on customs procedures, customs administration regime and mechanisms to facilitate trade, regulations on tax administration, border control, sanctions against and handling of violations and settlement of complaints, regulations on powers of customs offices corresponding to their duty to enforce customs, tax and other relevant laws;

b/ Professional customs work: To strive for the target that by 2020, customs procedures and customs administration regimes will be basically simple, effective, harmonious and compliant with international standards and practices; customs procedures in key regions will be mainly carried out electronically; information will be exchanged prior to arrival of goods, payment and license administration will be conducted electronically; the mechanism for enterprises to enjoy special priority in customs procedures and security according to World Customs Organization (WCO) standards will be introduced; and the risk management method will be applied systematically in all customs steps. From 2012, to incrementally conduct centralized processing of customs clearance data at provincial-level Customs Departments; to implement the national customs single-window mechanism and participate in the ASEAN single-window mechanism.

To raise the tax administration level and capacity on par with the level in regional countries. To ensure fair, transparent, feasible and effective tax administration up to international standards. To raise taxpayers' sense of law observance, secure the national interests, and restrict challenges and disadvantages emerging in the process of integration. To ensure state budget revenues.

To organize and improve basic professional work and prevent and combat with focuses and effectiveness cross-border smuggling and transportation of banned goods. To implement international commitments on anti-terrorism and anti-money laundering activities, protect intellectual property rights and enter into customs cooperation on joint control. To apply technical barriers in accordance with law and international practices.

By 2020, post-customs clearance inspection activities will be professional, specialized and effective using the risk management method and standardized professional processes based on information technology application combined with strict sanctions and handling measures.

c/ Apparatus organization and human resources: To build a modern customs organizational apparatus on the principle of centralization and consistency to meet socio­economic development requirements and tasks and enhance state administration, contributing to preserving national security and safety. To build a professional customs force with transparent, uncorrupted and effective operations quickly responding to changes in environment and technology and requirements of the international integration process;

d/Application of information technology: To build a modem customs information technology system on the basis of centralized data processing and integration of all functions, processing of e-customs dossiers, e-manifests, e-payment and e-licenses; to build regional data processing centers of level 2+ or higher, and sectoral data processing centers of level 3+ or higher, ensure that the information technology

System will reach high security and safety standards (24/24 and 24/7) and be managed in the same way like service providers; to build a portal that can be connected to and exchange information with related agencies, and implements the national and ASEAN customs single-window mechanisms.

To ensure complete, accurate and timely state statistics on customs as the basis for monitoring, analyzing, evaluating and forecasting import and export and other activities to serve in time state agencies in the making, direction and administration of economic, trade and tax policies.

e/ Specific targets and implementation roadmap:

- Implementation of e-customs procedures: By 2015,100% of provincial- and district-level Customs Departments in key areas (international seaports, airports and road border gates and key economic regions), 60% of basic customs operations, 70% of import and export value, and 60% of enterprises will apply e-customs procedures.

By 2020, 100% of provincial- and district-level Customs Departments, 100% of basic customs operations, 90% of import and export value, and 80% of enterprises will apply e-customs procedures.

- By 2015, the customs clearance time for goods will equal the year 2010*s average level in advanced Southeast Asian countries and by 2020, it will equal that level at the same point of time.

- The rate of physical goods inspection will be below 10% by 2015, and below 7% by 2020.

- The proportion of import and export permits granted under the national customs single-window mechanism will be 50% and 90% by 2015 and 2020, respectively.

- To centralize the processing of electronic data of the customs clearance system by 2015.

II. CONTENTS OF THE STRATEGY

1. Institution building

a/ From now to 2012: To review and evaluate the implementation of legal provisions on customs procedures and customs and tax inspection and supervision of imports and exports over the past time in order to study and propose the issuance of a decree to replace the Government's Decree No. 154/2005/ND-CP of December 15, 2005, stipulating customs procedures and the customs inspection and supervision regime, and revision and supplementation of tax-related regulations on imports and exports in implementation of the Government's Resolution No. 68/NQ-CP of December 27, 2010, on simplification of administrative procedures;

b/ From 2013 to 2015: To review and evaluate the implementation of the Customs Law over the past lime and other relevant laws in order to propose the elaboration and promulgation of a new customs law and guiding documents for further improving the mechanisms and policies for state administration of customs toward modernization, meeting the requirements of national socio-economic development and complying with international commitments to which Vietnam is a contracting party;

c/ From 2016 to 2020: To review and adjust the legal documents on customs and other relevant laws in conformity with international commitments to which Vietnam is a contracting party. To systematize and build a database on laws and regulations on state administration of customs and make it available online, thereby facilitating people's and enterprises' study and reference.

2. Professional customs work

a/ Customs procedures, customs inspection and supervision: To fully apply the customs management methods based on compliance management according to the following pillars: collection and processing of professional information, risk management and post-customs clearance inspection. To formulate synchronous and uniform compliance management programs in all aspects, including policies to encourage voluntary compliance with customs law, procedures, sanctions against and handling of violations, and awareness raising propaganda and education programs.

To simplify and harmonize customs procedures with international standards and practices in the following respects: removing repetitive and overlapping requirements for supply of information and documents; clearly determining customs administration procedures and regimes on the basis of the recommendations and standards in the revised Kyoto Convention; harmonizing customs administration procedures and regimes with the same content and nature into a sole standard administration procedure or regime as recommended by me revised Kyoto Convention.

To widely and effectively carry out customs procedures and customs inspection and supervision electronically in order to proceed to a paperless working environment in the following aspects: declaring and receiving customs declaration information; exchanging licensing information and related documents among state agencies within the framework of the national customs single-window mechanism.

To effectively manage modern technical equipment and devices used for goods inspection and customs control at border gates and ports. To step up the strong development of the network of professional customs procedure agents. To formulate and develop a special preferential treatment regime for enterprises showing a high sense of compliance and specially prioritized enterprises.

To build and develop an advance judgment system in technical and professional areas such as customs valuation, goods classification and origin of goods in line with WCO guidelines.

b/ Tax administration

To step up law propaganda and support work for taxpayers, to connect and exchange information between customs offices and banks and treasuries; to raise tax administration skills for customs officers. To effect electronic duty exemption, reduction and refund.

To classify debts and step by step settle non-performing debts. To develop and implement methods and measures for monitoring and administering tax and tax debt collection in accordance with the Law on Tax Administration. To build a system of information and databases meeting the requirements of timely and close-to-reality valuation, goods classification, tax administration and budget revenue analysis and forecast.

c/ Customs control

To build a database on customs operations and a risk management system in all areas of customs operation based on the application of modern and highly automated information technology; to establish and maintain an (effective coordination and information-sharing mechanism with the business community, related state management agencies, foreign customs administrations and international organizations in the field of customs control.

To uniformly and synchronously implement in the entire sector basic professional measures, including regularly conducting investigations and researches, and re-inspections in all areas, ensuring update of professional information and provision of information for risk management and application of necessary professional measures to promptly detect customs law violations. To build networks and systems to monitor, supervise and manage key areas. To resolutely and effectively deal with all cases of violation of customs and tax laws; to intensify coordinated combat and prevention of cross-border trading and trafficking of drugs, weapons and banned goods, intellectual property infringements and production and sale of counterfeits. To take customs control measures in combination with inspection and control measures in the customs procedures at border gates. To build and apply the regime of customs control dossiers. To apply ISO standards to the process of post-customs clearance inspection and other administration processes in the post-customs clearance inspection force. To apply information technology to all post-customs clearance inspection activities.

3. Apparatus organization and human resources

a/ Apparatus organization: To strengthen the customs organizational system to meet requirements of modem customs administration, with a size suitable to workload and socio­economic development conditions in each area and on the principle of streamlining, effectiveness and efficiency.

The General Customs Department shall consolidate the machineries of its units in order to assure the functions of advice and specialized professional guidance in each area.

The Customs Departments of provinces, inter-provinces and cities shall review and reduce intermediary units in the direction that they will concentrate on administrative management tasks, centralized processing of customs clearance data and examination and supervision of professional operations of subordinate units.

The Customs Sub-Departments shall be planned and rearranged in their organizational structures based on the workload and geographical characteristics of each Sub-Department; to form in key areas district-level Customs Departments having a wide administration scope and large workload to ensure effective use of modern technical equipment and devices.

b/ Human resource building and develop­ment:

To build and incrementally apply modern human resource management methods through work analysis, formulation of general job descriptions and a set of capability criteria; to develop a mechanism for managing, updating and using job descriptions and the set of capability criteria; to review and evaluate all cadres and civil servants according to job requirements; to build systems to support human resource management activities in the customs sector.

To amend, supplement and implement policies and regulations on personnel management such as recruitment, appointment, arrangement, evaluation, classification, seconding, rotation, planning, appointment, etc., according to modern capability-based human resource management methods.

To renew the payroll management mechanism in order to ensure full and effective performance of assigned functions and tasks in accordance with law. To formulate a regime of* incentives for outstanding experts and introduce mechanisms for attracting and recruiting talented people, and build a regime of reasonable entitlements for civil servants working in border areas, remote and deep-lying areas and on islands.

To build an information system for customs personnel management along the line of automating a number of jobs aiming to manage human resources after re-organizing and re­arranging the customs sector.

To analyze the training needs of customs officers and civil servants and Standardize customs training curricula and contents; to diversify forms of training; to develop and apply reasonable treatment policies for motivating customs officers to actively study to raise their qualifications; to build a mechanism for training result assessment with a view to raising teaching and learning quality.

To plan and implement a number of key training programs to serve the sector modernization. To increase basic training and specialized training in and updating of post-customs clearance inspection knowledge, experience and skills for the whole sector.

To concentrate human resources for narcotic control and combat work at district-level Customs Departments, especially in key areas with regular cross-border narcotic smuggling and transportation activities.

To build a formal and modern school of Vietnamese Customs which will meet the requirement of the sector modernization; to combine domestic training with overseas training in various forms and with different resources.

To enhance administrative discipline and order and assure customs integrity. To further improve regulations on internal discipline with a system of strict regulations clearly defining acts and nature of each group of acts together with strict and proper handling measures and forms of sanction. To combine promotion of political, ideological and ethic education with regular inspection of the observance of regulations on customs integrity while planning the incremental assurance of material and spiritual elements for implementing customs integrity. To conduct public information on and raise awareness of enterprises and individuals about customs integrity.

4. Physical foundations, technical equipment, information technology and customs statistics

a/ Physical foundations, technical equipment and devices:

To make intensive investments in modernizing working offices and consolidated inspection sites; technical equipment and devices and support tools; communication infrastructure and application of information technology to serve customs office operations in a synchronous and uniform manner and compliance with the development master plans and strategies of other sectors and localities. Inland and border-gate customs clearance sites and consolidated inspection venues must be located in central areas of key transport routes, industrial clusters and parks, export processing zones, seaports and airports, directed toward the requirements of centralized management and facilitating to the utmost import and export activities and border control.

Customs laboratories shall be planned and built mainly in localities identified as key areas of trade, investment, production, export and import. Customs laboratories must be built to reach VILAS standards with a complete system of standard analytical methods.

Technical equipment and facilities serving administration work must be renovated and modernized in key and priority areas and tasks, taking into account the characteristics of each locality and unit. To prioritize investment in procuring synchronous machines and equipment of information technology, screeners and surveillance cameras in key localities. To equip and effectively use police dogs to detect narcotics, and equipment and support tools for the anti-smuggling force.

b/ Information technology and customs statistics: To build an integrated customs information system meeting all professional requirements and performing e-customs procedures in the direction of centralized data processing after the service-driven model, and playing the core role in the national single-window mechanism; to develop and maintain stable operation of communication infrastructure connecting all units in the customs sector and related agencies, ensuring bandwidth and standby capability requirements; to build 2 or 3 customs e-data processing centers under the General Department of Customs playing the role of centralized e-data processing for professional operations in the sector, which will have a large server system, modern information technology equipment and advanced security and safety assurance solutions; to build a contingent of information technology specialists.

The customs information system will be invested by mobilizing to the utmost resources from the private sector through public-private partnership relations according to the following roadmap: first of all meeting the requirements of standard core operations; integrating and proceeding to incrementally replacing old systems handling specific operations with new components. To step by step transform the system into a charged public service managed like a public-utility enterprise which will be managed and administered by both the public and private sectors in order to ensure its controllability and increase investment effectiveness while obtaining adequate financial and human resources for maintaining, operating and upgrading the system with a view to ensuring its preparedness and flexibility as well as quick adaptability to changes in policy and operation.

c/ To deploy new statistical indicators for imports and exports within the system of national statistical indicators; to diversify statistical products; to raise the quality of statistical analysis and forecast; to study and apply modern statistical techniques and operations to making statistics on imports and exports.

5. Other contents

a/ To step up information and propaganda work among cadres and civil servants in the customs sector, and organizations, individuals and the business community on customs policies, regulations and procedures; programs and plans of action on customs reform and modernization, to make use of the collaboration, sympathy and support of organizations and individuals in the implementation of customs law;

b/ To develop and consistently implement the model system of quality control consisting of a system of documents on and list of administrative procedures and processes for handling work in customs offices; to build and deploy a system of indicators for effectively evaluating the operation of each unit or individual in the sector;

c/ To study, develop and implement the customs-to-business partnership program according to the following principal contents: building and implementing mechanisms to encourage enterprises, organizations and individuals to give opinions on policies, legal documents and customs procedures; to build a mechanism for collecting feedback and assessments of enterprises, organizations and individuals on the implementation of customs law; to step by step apply international standards and recommendations in the development of the customs-to-business partnership;

d/ To step up bilateral and multilateral cooperation with a view to sharing experience on customs reform and modernization, and modern customs administration methods and techniques; to implement the regional initiatives especially in the modernization of customs procedures and application of new customs techniques and concurrently contribute to raising the status, prestige and interests of Vietnamese Customs in the international arena. To seek and mobilize technical assistance projects and non-refundable aid of international organizations and other countries to serve the process of reforming, developing and modernizing the sector;

e/ To effectively implement the financial management mechanism to ensure operational funds stably allocated in a percentage (%) of the annual budget revenue estimate by the State to the customs sector in accordance with law. To study and implement on a pilot basis the socialization of certain public services currently provided or implemented by customs offices for wider application and promulgation of mechanisms and policies for general application with a view to raising the quality of these services and gradually reducing the burden for the state budget. To apply different forms of outsourcing and service hire; to transform a number of public services provided by customs offices into charged services; to develop forms of joint investment or hire purchase after the public-private model for some kinds of specialized equipment, certain public services or technical and technological systems requiring big investments in the condition of limited financial resources. To fully mobilize and effectively utilize resources to support customs development activities from the sources of state budget, foreign aid, investment from the private sector and revenues from the provision or socialization of public services.

Article 2. Responsibilities for implementing the Strategy

1. The Ministry of Finance shall:

a/ Assume the prime responsibility for organizing implementation of this Strategy; approve and direct plans for implementation of the strategy contents in each period;

b/ Guide and urge other ministries, agencies and localities to formulate and implement programs and activities related to the Strategy according to their respective functions and assigned tasks;

c/ Assume the prime responsibility for, and coordinate with related ministries and localities in, examining the strategy implementation; annually and every five years review, evaluate and draw experiences for the strategy implementation;

d/ Assume the prime responsibility for, and coordinate with related agencies in, proposing and submitting to the Prime Minister for decision adjustments to the Strategy's objectives and contents when necessary.

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, balancing and allocating annual investment funds under the State Budget Law for the strategy implementation.

3. The Ministry of Transport shall, when approving and implementing master plans on construction, transport development, seaports, airports, railway stations and road border gates, coordinate with the Ministry of Finance and related localities in reaching agreement on the planning and arrangement of customs units to ensure necessary conditions for the implementation of this Strategy.

4. People's Committees of provinces and centrally run cities shall coordinate with the Ministry of Finance and related agencies, on the basis of their state management functions and tasks in localities as provided by law, direct and participate in the implementation of relevant contents of this Strategy.

Article 3. This Decision takes effect on the date of its signing.

Article 4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decision.-