x Import-export businesses want the customs clearance process to be smooth, so they need the support of an agent and want to know clearly what a customs agent is?
x Do you want to learn more about the role, tasks, work and powers of an import-export customs clearance agent?
x Or your company is a Forwarder and wants to know the NECESSARY and SUFFICIENT conditions to become a professional Customs Agent in Vietnam?
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What is a customs agent? What are the roles and powers?
What is a customs agent?
What is a customs agent? These are companies specializing in customs services under agency contracts. They name the agent on the customs declaration, sign and stamp their name in the customs declarant box (with ECUS4 software), or use their digital signature to transmit the declaration (ECUS5 – VNACCS).
Roles and powers of Customs Agents
Agents operate based on the Authorization Contract with the goods owner and must be responsible within the scope of authorization. Powers of Customs Agent:
- Be provided by customs authorities with information related to customs declaration of goods and means of transport, guidance on customs procedures, and dissemination of customs laws;
- Require customs authorities to pre-determine code, origin, and customs value for goods for which sufficient information has been provided to customs authorities;
- Request the customs authority to re-inspect the goods, in case of disagreement with the decision of the customs authority when the goods have not been cleared;
- Preview the goods and take samples of goods under the supervision of customs officials before making customs declaration to ensure accurate information declaration;
- Use customs records to clear customs, transport goods and conduct procedures related to other agencies according to the provisions of law;
- Request compensation for damage caused by customs authorities and customs officers according to the provisions of law on the State's compensation liability;
- Complain and denounce illegal acts of customs authorities and customs officials.
Why need to use Customs Broker Service?
There are currently 2 forms of customs clearance services, which are customs agents and customs brokers:
Responsibilities and work of Customs Agents
The responsibilities and tasks of a Customs Agent are:
- MUST HAVE a customs qualification from the General Department of Customs to be licensed as a customs agent;
- Customs agents will carry out procedures on behalf of import-export enterprises to import and export goods according to the contract signed between the two parties;
- Customs agents use their digital signatures to declare customs and are responsible for the content declared on the customs declaration together with import-export enterprises;
- The name and code of the customs agent will appear on the declaration and the customs system.
Responsibilities and tasks of customs brokers
The responsibilities and tasks of the customs broker are:
- NO NEED TO HAVE a customs degree, just someone with customs declaration experience;
- The customs broker will carry out procedures on behalf of the import-export enterprise to import and export goods;
- The customs declarant uses the digital signature of the exporting enterprise to declare customs and is not responsible for the content declared on the customs declaration;
- The customs system and customs declarations only show information about import-export enterprises. Customs will understand that businesses go through the procedures themselves.
In case a risk occurs if you do not use a Customs Agent
Some customs brokers take advantage of the trust of businesses and, based on their own experience, use the businesses' digital signatures to import individual shipments. This is very dangerous because those orders may be PROHIBITED GOODS. Businesses only discover when they receive notice from Customs/or police and it is very difficult to prove whether the prohibited goods were imported by the business themselves or not.
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Some Customs Brokers, because they are not bound by responsibility, intentionally advise on false declaration of goods names/quantities/untruths and cause damage to businesses when subjected to post-customs clearance inspection or inspection by market management. .
Customs agents are bound by responsibility for their work so they cannot advise customers with incorrect information, so businesses are less exposed to risks of post-customs clearance inspection/market management.
What are the conditions to become a Customs Agent? What does the registration dossier include?
Conditions to work as a Customs Agent
What are the conditions to become a Customs Agent? To become a Customs clearance agent, a service company must have at least 1 trained and certified Customs declaration employee. That employee must participate in a training course according to the provisions of Circular No. 12/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance at training facilities permitted by the General Department of Customs such as: Academy of Finance. main; Customs Finance College, University of Finance - Marketing,...
The course must have 4 modules, take about 8-10 weeks to complete, then take the exam organized by the General Department of Customs. Scores of all 4 modules must be above 5 to receive a certificate.
Clause 1, Article 20 of the Customs Law stipulates the conditions for being a Customs clearance agent:
a) Having a Business Registration Certificate or an Enterprise Registration Certificate with a business line of goods delivery services or Customs clearance agent;
b) Have agent staff to carry out Customs procedures;
c) Have information technology infrastructure that meets the conditions to carry out electronic Customs declaration and other conditions as prescribed.
Application for registration as a customs agent
To carry out customs registration procedures, businesses need to provide a set of registration documents including:
- Notice of ELIGIBILITY to operate as a customs clearance agent;
- Dossier to request issuance of customs clearance agent employee code;
- Business registration certificate or Enterprise registration certificate or Investment certificate;
- The photocopied documents are signed and stamped by the Director of the customs clearance agent.
Proship Logistics has answered all questions related to what a Customs Agent is , what its roles and responsibilities are, and what conditions are required to become a Vietnam Customs Clearance Agent. Proship is proud to be a professional and reputable Customs Agent and Import-Export Entrustment and Customs Brokerage unit. You can contact 0909 344 247 when you need to use our services.
