Name of recommendations: Recommendation on The Department of Customs of Hai Phong Port, Area I that not allowing Hung Vuong fruit, vegetable, food and general Port receiving vessels and transport vehicles to exit, entry or transit.

Status: Has not been responded

Recommended by units: The Le Quoc Co. Ltd Company

Official letter: 1680/PTM - VP, dated: 2017-07-14

Recommended contents:

Le Quoc Co., Ltd was surprised to receive the Notice No. 3629 / TB-HQK VI dated June 23 2017 of the department of customs of Haiphong Port Area I on Hung Vuong fruit, vegetable,  food and general Port - "No vessels and transport vehicles are allowed  to receive for exit, entry or transit" that be taken by the deputy head of the department, Mr. Do Huy Tho- signed on be haft  of Head of Department for reasons that be lack of persuasiveness, do not have legal basis and in contrarst to the authority.

Pursuant to the Law on Customs No. 54/2014 / QH13 approved by the National Assembly of the Socialist Republic of Vietnam Legislature VIII on June 23 2014, officially came into force on January 01, 2015.

Article 3 (Chapter 1) Customs policies:

The Vietnamese State shall create favorable customs conditions for activities of import, export, exit, entry and transit in the Vietnamese territory.

Article 12 (Chapter 2) - Tasks of Customs:

Viet Nam Customs shall have the responsibility to inspect and supervise goods and means of transport; prevent and combat smuggling and illegal crossborder transportation of goods; organize the implementation of the tax laws applicable to exported and imported goods; to compile statistics on exported and imported goods in accordance with provisions of Law.

Article 39 (Chapter 3) – Responsibilities of Customs in customs supervision

1. To apply appropriate methods of supervision which facilitate export, import, exit, entry and transit activities and ensure customs management of goods in accordance with this Law.
2.  To use technical means and equipment ensuring customs supervision in accordance with this Law.

Article 43 (Chapter 3) - Priority regime for enterprises

1. To carry out customs procedures with an incomplete customs declaration form or a document in substitution of the customs declaration form

To be prioritized when carrying out tax procedures for goods in accordance with the law provisions on tax.

Therefore, the Notice No 3629 / TB-HKQVI dated June 23 2017 of Department of Customs of Haiphong Port, Area 1  about the Le Quoc Co. Ltd  (Hung Vuong fruit, vegetable, food and general Port) - "No further accepting vessels and transport vehicles to exit, entry and transit "this notice has contents not only contrary to the functions, powers and tasks of the Department of Customs of Hai Phong Port, but is also contrary to the provisions of law.

The Notice No. 3629 / TB-HQKVI dated June 23 2017 of Customs Department of Hai Phong port border KVI not only violate the Law on Enterprises, but also great damage to reputation, severely affected the Le Quoc Co., Ltd.

Therefore, Le Quoc Company would like to recommend to competent agencies to consider and handle the responsibility of cadres and civil servants advising, drafting, evaluating and submitting documents not in accordance with their competence, be contrary to the law according to the proposals of the Ministry of Justice, which have been submitted to the Government’s Prime Minister, such officials and employees shall have to compensate for damage caused to the prestige of the enterprises.