| THE GOVERNMENT No. 36/2015/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, April 17, 2015 |
DECREE
Setting criteria for establishment of Customs Departments of provinces, inter-provinces and centrally run cities; and prescribing organization, tasks and operation of customs offices at all levels [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 2014 Law on Customs;
At the proposal of the Minister of Finance,
The Government promulgates the Decree setting criteria for establishment of Customs Departments of provinces, inter-provinces and centrally run cities; and prescribing organization, tasks and operation of customs offices at all levels.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree sets criteria for establishment of Customs Departments of provinces, inter-provinces and centrally run cities (below referred to as Customs Departments); and prescribing organization, tasks and operation of customs offices at all levels.
Article 2. Subjects of application
1. Customs offices at all levels.
2. Other state agencies involved in the coordinated state management of customs.
Chapter II
CRITERIA FOR CUSTOMS DEPARTMENTS
Article 3. Principles of establishment
The establishment of Customs Departments must meet requirements of state customs management in provinces, inter-provinces and centrally run cities and comply with the following principles:
1. To conform with administrative reform programs and customs reform and modernization programs approved by the Government or the Prime Minister.
2. To meet criteria for establishment of Customs Departments set in this Decree.
3. To comply with the order and procedures for establishment of state administrative organizations in accordance with law.
Article 4. Criteria for establishment
1. A Customs Department may be established when the area expected to be under its management meets two out of the following three criteria:
a/ Having an export and import value 30 percent higher than average national export and import value or higher than the average export and value of the whole country (excluding areas under the management of Ho Chi Minh City Customs Department and Hai Phong City Customs Department) in the year before the year of request for establishment.
b/ Having an international land border gate, civil airport or national important seaport.
[1] Công Báo Nos 531-532 (30/4/2015)
