Decision No. 1047/QD-TTg 2020 Plan on performance of Customs Mutual Assistance Agreement Vietnam - USA

DECISION

On approving the Plan on performance of the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America

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THE PRIME MINISTER

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Treaties dated April 09, 2016;

Pursuant to the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America signed on December 06, 2019 and effective on May 20, 2020;

At the proposal of the Ministry of Finance in the Report No. 7964/BTC-TCHQ dated June 30, 2020,

DECIDES:

Article 1.To approve the Plan on performance of the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America attached to this Decision.

Article 2.This Decision takes effect on the signing date. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and heads of related agencies shall take responsibilities for the implementation of this Decision./.

The Prime Minister

Nguyen Xuan Phuc

PLAN

On performance of the Customs Mutual Assistance Agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America.

(Attached to the Decision No. 1047/QD-TTg dated July 17, 2020 of the Prime Minister)

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I. Objectives, requirements

1. To determine specific tasks to be perform to ensure that the Agreement is implemented sufficiently, effectively and substantially, satisfying the needs of each Party under the Agreement.

2. To determine missions, responsibilities of presiding agency and coordinating agencies in the implementation of the Agreement.

3. The organization of implementing this Plan shall be proactive, in time, suitable and within national regulations and laws and the scope of resources of customs agency of each Party.

II. Implementation roadmap

1. The Agreement takes effect on May 20, 2020.

2. The Ministry of Finance shall direct its affiliated units to implement the Agreement according to a specific roadmap on the basis of discussion and agreement with the US Party.

III. KEY TASKS

1. To reach an agreement with the United States of America on specific methods and plans to implement the Agreement with the following contents:

- Methods and frequency of exchange and sharing information, format of exchanged information.

- Fields and goods to be given priority, shall be focused when exchanging and sharing information (goods with high risk of origin and transshipment fraud to evade taxes and other trade remedies, information about regulations and policies of customs management, programs and advance practices and modern technology being applied in the customs field, etc.).

- To determine focal points to receive and share information according to each level of information exchange.

- Methods of coordination in implementing professional measures related to violation cases

- To build a roadmap and plan of cooperation for each specific stage.

- Activities supporting in improve professional capacity for customs officers based on demand and force resources of each Party.

2. To inform related ministries and branches about the Agreement’s implemented contents that required the coordination of ministries and branches.

3.To reach an agreement on methods of cooperation among related agencies in implementing the Agreement, to focus on activities to implement the Agreement that required the cooperation and coordination of related ministries and branches such as coordinating in investigating and verifying customs violations.

4. To monitor, review and periodically evaluate the Agreement implementation result and related proposal, recommendations.

IV. Implementation organization of Agreement

1. The Ministry of Finance shall coordinate with related ministries and agencies, assume the prime responsibility for implementing the Agreement within its competence and functions. Related ministries and agencies shall coordinate with the Ministry of Finance in implementing the Agreement upon request of the presiding agency.

2. Funding for implementing support activities under the Agreement shall be granted from the fund for regular activities of the customs sector.

V. Contents to be amended, supplemented, repealed or issued in new legal normative documents for the Agreement implementation.

There is no regulation  in the Agreement that is contrary or not yet prescribed in the current law, at the same time, according to the Agreement, all the assistance activities under the Agreement shall be implemented in compliance with legal regulations of each Party and within the scope of ability and current force resource of each Party’s customs agencies. Therefore, it is not required to amend, supplement, repeal or issue new legal normative documents for the Agreement implementation.

VI. Measures on organization, management, finance and other necessary measures to implement the Agreement

The Agreement implementation shall be carried out according to the assignment mentioned in Section IV.1 of this Plan and conformity to functions and tasks of related agencies and organizations as prescribed by law; therefore, it is not required to issue new    decisions and measures on organization, financial management and other necessary measures for the Agreement implementation.

VII. Propagandizing and disseminating the Agreement

The Ministry of Finance shall be responsible for propagandizing, disseminating about the Agreement for related subjects through mass media, websites to improve awareness, knowledge about commitment contents as well as tasks to be deployed for the effective Agreement implementation./.