The General Department of Customs, on November 6, continued to send proposals to the leaders of the National Assembly and National Assembly committees on amending overlaps in the draft Law on Border Guard.

Illicit transport of ivory seized by Hai Phong Customs. Photo: T. Binh 

On November 3, 2020, the General Department of Customs sent Official Letter 7059/TCHQ-DTCBL to the National Assembly committees and Ministry of Justice on overlaps between the draft Law on Border Guard and prevailing Law on Customs.

The General Department of Customs on November 4 directly commented on the draft Law on Border Guard at a meeting held by the National Defense and Security Committee with the participation of the National Assembly’s Justice Committee and Legislation Committee and the drafting agency.

On the basis of the content of the meeting, on November 6, the General Department of Customs sent Official Dispatch 7139 / TCHQ-DTCBL to the National Assembly Chairman Nguyen Thi Kim Ngan; Vice Chairman of the National Assembly Do Ba Ty; Chairman of the National Defense and Security Committee Vo Trong Viet; Justice Committee and Legislation Committee on recommendations on the draft Law on Border Guard.

In customs operation areas managed by Hai Phong Customs, from 2015 to mid-2020, Hai Phong customs handled many illicit trafficking and transporting cases of banned goods including 3.961 tons of ivory, 14,321 pangolin scales and 11.9 tons of sandalwood.

Therefore, the General Department of Customs proposes as follow: “In the same area, when there is a law violation related to the duties and powers of many agencies, organizations and forces, the agency who first detected the violation will handle the case under its power. If the case is beyond its power, the case will be transferred to another competent agency. The agency that receives the case must report on the handling results to the first agency.”According to the General Department of Customs, on the proposal to amend Point d, Clause 2, Article 10 of the draft Law on Border Guard, the coordination principle in the implementation of border guard duties, at the meeting, all participants agreed to amend it according to the content of Clause 5, Article 23 of the Law on Vietnam Coast Guard.

Regarding the proposal on not assigning the Border Guard to inspect and control vehicles travelling across borders (in Clause 5, Article 14 and Clause 2, Article 15 of the draft Law), at the meeting, the National Defense and Security Committee did not agree on the opinion of the General Department of Customs.

Therefore, in the latest draft, it still stipulates that the Border Guard is assigned to control travel across borders in general and inspect, control and handle vehicles traveling across borders with signs of law violation,but adds"in accordance with the law".

Specifically: "The Ministry of National Defense shall control the immigration at the border gate and cross-border travel in accordance with the law".

In Clause 5, Article 14 and Clause 2, Article 15, the latest draft Law still stipulates that border guard soldiers are assigned to control immigration and cross-border travel in accordance with the law. The General Department of Customs said that this regulation does not limit the scope and subjects of immigration control, it is understood to control both people and vehicles on entry and exit, leading to the understanding that the border guard soldiers have the right to inspect, control and handle vehicles with signs of violation in the border-gate area (under the area of ​​customs operation).

According to the General Department of Customs, this overlaps with the functions and duties of the Customs agency specified in the Law on Customs.

Because, the Law on Customs stipulates that in the area of ​​customs operation, the customs agency presides over the inspection, supervision and control of all vehicles on entry and exit, import and export goods to carry out the fight, prevention of smuggling, illegal transportation of drugs, weapons, toxins, explosives, reactionary documents, ensuringeconomic security and national defense security according to the tasks assigned by the Party and State in the Law on Customs.

The General Department of Customs emphasized that if the draft Law on Border Guard is passed, it will lead to overlaps that two agencies (Customs and Border Guard) perform the same task of carrying out procedures, inspection, supervision, control of one vehicle on entry and exit. This is inconsistent with the Party's policy, international commitments and prevailing regulations and makes it difficult for import and export activities and entry and exit of vehicles.

Customs will continue to update inappropriate points with internal commitments and domestic laws on inspection and control of vehicles on entry and exit in the article “Draft Law on Border Guard – inappropriate points with international commitments”.

In the process of developing the draft Vietnam Border Guard Law, the Ministry of Finance has issued many documents (No. 148 / BTC-VI dated January 4, 2019 and No. 11493 / BTC-VI dated September 27, 2019) proposing to the drafting agency of the Vietnam Border Guard Law to review and amend contents overlapping with the task of vehicle control and handling of violations conducted by the customs agency in the customs operation area under the Law on Customs and guiding documents.

In addition, the General Department of Customs sent Document 2951 / TCHQ-DTCBL dated May 7, 2020 to the National Defense and Security Committee - XIV National Assembly to comment on the draft Vietnam Border Guard Law.

However, the recommendations and comments of the Customs agency have been not accepted by the drafting agency.