Quy chế 01/QCLN-TCMT-TCHQ

REGULATION

COOPERATION BETWEEN THE GENERAL DEPARTMENT OF CUSTOMS AND THE VIETNAM ENVIRONMENT ADMINISTRATION IN ENVIRONMENT PROTECTION DURING EXPORT AND IMPORT OF SOME ARTICLES

Pursuant to the Law on Customs No. 29/2001/QH10 dated June 29, 2001 and the Law on the amendments to the Law on Customs on. 42/2005/QH11 dated June 14, 2005;

Pursuant to the Law on Environment protection No. 52/2005/QH11 November 29, 2005;

Pursuant to the Decision No. 02/2010/QD-TTg dated November 15, 2010 of the Prime Minister defining the functions, tasks, entitlements and organizational structure of the General Department of Customs, which is affiliated to the Ministry of Finance;

Pursuant to the Prime Minister’s Decision No. 132/2008/QD-TTg dated September 30, 2008 defining the functions, tasks, entitlements and organizational structure of Vietnam Environment Administration , which is affiliated to the Ministry of Natural Resources and Environment;

The General Department of Customs and Vietnam Environment Administration issues a Regulation on cooperation in environment protection during export and import of some articles.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Regulation deals with the cooperation in environment protection between the General Department of Customs (affiliated to the Ministry of Finance) and Vietnam Environment Administration (affiliated to the Ministry of Natural Resources and Environment) with regard to the export and import of:

1. Scrap;

2. Waste and hazardous waste;

3. Environmentally harmful chemicals;

4. Wild fauna and flora threatened with extinction according to CITES (hereinafter referred to as wild fauna and flora);

5. Other goods manufactured overseas and imported to Vietnam or manufactured in Vietnam and exported to other countries that affect the environment.

This Regulation is applied to the General Department of Customs, Vietnam Environment Administration, and their affiliates Competent customs authorities and local environment authorities must follow the instructions of the General Department of Customs and Vietnam Environment Administration.

Article 2. Cooperation principles

1. The cooperation must be established within the competence of the General Department of Customs and Vietnam Environment Administration (hereinafter referred to as both sectors) and law, follow the procedure, ensure information confidentiality, avoid formalities, repetition, negligence, and obstruction of the usual operation of both sectors.

2. Information must be regularly exchanged in accordance with regulations of both agencies; both agencies are responsible for the information they provide in terms of punctuality and reliability.

3. When an issue concerning the environment is within the competence of both parties, the agency that discovers it first must collect information, provide information and documents to an agency at the same level of in the other sector or resolve it in cooperation within their competence.

4. During the cooperation, if conflicting opinions is offered with regard to the solution, a discussion must be held to reach a consensus that enables both sectors to successfully discharge their duties.

Chapter II

CONTENTS OF COOPERATION

Article 3. Cooperation in enhancement of state management

1. The General Department of Customs and Vietnam Environment Administration must regularly cooperate in reviewing and suggesting adjustments to the legislative documents about environment protection, the export and import of the articles mentioned in Article 1 of this Regulation; and periodically summarize the progress of such cooperation.

2. Vietnam Environment Administration shall cooperate with the General Department of Customs in implementing scientific research projects, providing work-related training, seeking international cooperation, and making investment in equipment in order to improve the capability and scientific knowledge about environment protection for customs authorities.

3. Customs authorities shall consider allocating budget for environment protection in accordance with law. Vietnam Environment Administration and Services of Natural Resources and Environment must cooperate with the General Department of Customs and provincial Customs Departments in using such budget efficiently and properly.

4. Other activities in cooperation may be suggested by either sector where necessary.

Article 4. Cooperation in information exchange

The General Department of Customs and Vietnam Environment Administration shall direct their affiliates to cooperate in monitoring the situations and exchanging information about environment protection with regard to the activities mentioned in Article 1 of this Regulation, in particular:

1. At the request of Vietnam Environment Administration, the General Department of Customs shall:

a) Provide statistical data about the export and import of the articles mentioned in Article 1 of this Regulation;

b) Provide information about the methods, tricks, areas, and routes of trafficking scrap, hazardous waste, environmentally harmful chemicals, wild fauna and flora, and other goods that may harm the environment;

c) Provide information cases of trafficking of scrap, hazardous waste, environmentally harmful chemicals, wild fauna and flora, and other goods are caught, the administrative penalties imposed; give feedbacks on processed information about suspected cases of violations against customs laws and environment laws;

d) Provide information about the results and the difficulties that arise during the fight against these kinds of trafficking, and against other violations of environment laws;

dd) Provide information and documents about cooperation in environment protection with World Customs Organization (WCO) and the customs authorities of other countries/territories;

e) Provide other information at request of Vietnam Environment Administration.

2. At the request of the General Department of Customs, Vietnam Environment Administration shall:

a) Provide information about national programs and roadmaps about the implementation of International Convention on environment protection;

b) Provide information and documents from United Nations Environment Program (UNEP), international environmental organizations, contacts of other countries and territories about scrap, harmful waste and chemical, wild fauna and flora, and other articles that may harm the global or regional environment, including information about the policies and tendencies of these countries; the tendencies, the methods for transporting; the tricks of shirking responsibility for environment protection, and common violations against environment laws during the transport, export, and import of goods;

c) Provide information, documents, technical regulations and standards about environment protection that help the customs identify scrap, waste, harmful chemicals, wild fauna and flora, and other articles and develop the customs intelligence system with regard to such articles;

d) Provide information and documents that contain instructions on management, retention, transport, and handling of caught scrap, harmful waste, harmful chemicals, wild fauna and flora, and other articles;

dd) Provide information suspected cases of trafficking scrap, harmful waste, harmful chemical, wild fauna and flora, other articles, and other violations against environment laws;

e) Summarize and send information to the companies that are issued with or have the Certificate of eligibility to import scrap, other licenses related to environment protection during import and export of goods revoked.

3. Every 6 month, both agencies must summarize the pieces of information mentioned in Point a and b above and send written notification to cooperating units as regular information provision that ensures the effective cooperation of the two sectors.

Article 5. Cooperation in prevention of violations law, inspection, and penalty imposition

1. Cooperation in prevention of violations of law:

When any organization or individual in the customs or environment sector receives a notification, document, or a sign or violations of laws during the export or import of the articles mentioned in Article 1 of this Regulation must immediately perform the following tasks:

1.1. Customs sector:

a) Cooperate with environment authorities in taking necessary measures as prescribed by law;

b) Cooperate with competent environment authorities in imposing administrative penalties and taking remedial measures, or request a competent authority to take other measures;

c) Send environment authorities documents about results of suspected cases of violation against environment laws, the cases in which penalties are imposed or other measures are taken.

1.2. Environment sector:

a) Send a customs authority at the same level a notification and documents related to the violation against environment laws that is related to an issue under the management of the customs when it is discovered;

b) Send a customs authority at the same level the result of the cases of violations, information and documents related to the violations against environment laws in order to facilitate the prevention of violations against environment laws during export and import

c) Cooperate in consultancy, assessment, verification, and analysis of suspected goods at the request of a customs authority at the same level;

d) Cooperate with a customs authority at the same level in advising the Ministry of Finance, the Ministry of Natural Resources and Environment, or the People’s Committee of the same level to clarify the cause of environmental emergencies that are related to the export and import tax mentioned in Article 1 of this Regulation; suggest solutions and penalties as prescribed by law.

2. Cooperation in inspection and penalty imposition:

When cooperation in inspecting the environment protection of exporters and importers of the articles mentioned in Article 1 of this Regulation is necessary, both sectors must:

a) Send qualified officers to participate and provide instruments at the request of the unit that presides the inspection;

b) After the inspection is done, the presiding unit shall notify the cooperating units of the inspection result and new experience.

Article 6. Methods of cooperation

1. The requests for provision or exchange of information or documents must be made in writing. Within 05 working days from the day on which the written request is received, the requested unit must send a response to the requesting unit.

2. Relevant units of each sector must cooperate with the contacts in providing and exchanging information serving the cooperation.

3. When a piece of information needs to be processed urgently, the person in charge may exchange information with the contact or relevant unit directly or by means of telecommunication such as telephone, fax, email (more details in Article 7).  Then, the information provider and information requester must send written notifications to each other.

Article 7. Contacts

The following units are contacts of the two sectors, which directly organize the cooperation and information exchange:

1. Contact of the General Department of Customs:

The Smuggling Investigation and Prevention Department:

- Address: Block E3, Cau Giay urban area, Yen Hoa ward, Cau Giay District, Hanoi - Telephone: 04.44520696; fax: 04.39440623

- Email: [email protected]

2. Contact of Vietnam Environment Administration:

Pollution Control Department:

- Address: Apartment 308, Block B of the Building of Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet Street, Cau Giay District, Hanoi.

- Telephone: 04.37956868 (internal number: 3218/3219); fax: 04.37713176

- Email: [email protected]

3. Other relevant units of the environment sector:

a) General policy and legal issues;

Policy and Legal Department:

Address: Apartment 306, Block B of the Building of Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet Street, Cau Giay District, Hanoi.

Telephone: 04. 38223221 or 04.37956868 (internal number: 3271); fax: 043223189

Email: [email protected]

b) Management of imported scrap and harmful chemicals:

Pollution Control Department:

Address: Apartment 308, Block B of the Building of Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet street, Cau Giay District, Hanoi.

Telephone: 04.37956868 (Internal number: 3218 or 3217); Fax: 04.37713176

Email:<0

+ Pollution Control Department: [email protected]

+ Division of Chemical Emission Control and Environmental Emergency Response: [email protected]

+ Division of Scrap Import and Air Pollution Control: [email protected]

c) Management of cross-border transport of waste and hazardous waste

Waste Management and Environment Improvement Department:

Address: Apartment 408, Block B of the Building of Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet street, Cau Giay District, Hanoi.

Telephone: 04.37956868 (internal number: 3290); fax: 04.37868430

Email: [email protected]

d) Management of Wild fauna and flora threatened with extinction according to CITES:

Biodiversity and Conservation Department:

Address: Apartment 201, Block B of the Building of Ministry of Natural Resources and Environment, No. 10 Ton That Thuyet street, Cau Giay District, Hanoi.

Telephone: 04.37956868 (internal number: 3116); fax: 04.39412028

Email: [email protected]

Chapter III

IMPLEMENTATION

Article 8. Responsibility of both sectors

1. The General Department of Customs and Vietnam Environment Administration are responsible for providing instructions for and urge their affiliates, which are provincial Customs Departments and Sub-departments of Environment Protection, and relevant entities to effectively implement this Regulation.

2. The Smuggling Investigation and Prevention Department (the General Department of Customs), Pollution Control Department (Vietnam Environment Administration) shall take charge and cooperate with relevant affiliates of the General Department of Customs and Vietnam Environment Administration in formulating annual cooperation plans in detail, and hold biannual meetings to assess the cooperation and discuss the next programs.

3. In every December, the General Department of Customs and Vietnam Environment Administration shall hold a convention to assess the cooperation according to this Regulation and discuss the next year’s plan.

Article 9. Effects

This Regulation takes effect from the day on which it is signed. The contacts of both sectors are recommended to report the difficulties that arise during the implementation of this Regulation for consideration and amendment./.