In the context of a difficult economy, when cost is the top factor in import and export activities, a wave of spontaneous customs clearance services has begun to emerge as the number one choice. one for import and export businesses.
The popularity of this type of service cannot be disputed, as in addition to extremely low service costs, there are a variety of "underground" establishments on the market today, from spontaneous to businesses providing commercial services. Transport accepts additional declaration procedures.
Types of customs declaration services
1. Customs clearance agent service
According to Article 5 of Circular 12/2015/TT-BTC, amended by Circular 22/2019/TT-BTC: Customs clearance agents are businesses that meet the conditions, within the scope of authorization under Agreement in a contract signed with the person having the exported or imported goods (hereinafter referred to as the goods owner) to perform all or part of the customs declarant's obligations on behalf of the goods owner.
To put it more briefly, they are companies that specialize in providing customs services for import-export businesses and are responsible for the content on those customs declarations.
For import-export businesses that do not have enough resources to carry out customs clearance procedures, the mandatory thing to do is to find an outside customs clearance agency service company so that the import-export process can take place. out easily and quickly.
2. Spontaneous customs declaration service
Meanwhile, the Spontaneous Customs Declaration service is provided by individuals and units that are not directly named on the customs declaration. The fulfillment of tax obligations, fees, charges and other receivables is still borne by the goods owner. They do not sign a contract with the goods owner, but only carry out declaration activities, enter declaration information criteria, hire out yard procedures, dispatch vehicles, and load and unload goods.
Currently, many import-export businesses, due to cost issues, have chosen to use spontaneous customs clearance services. This has caused many consequences for import-export businesses as well as management agencies.
What are the potential dangers when using spontaneous customs services?
Specifically, there are up to 3 "prices" that businesses have to pay when using spontaneous customs services. These include:
1. Take legal responsibility
Except for official customs agents, spontaneous customs services usually only complete customs procedures and do not bear any legal responsibility. Meanwhile, the document inspection process of agencies and departments lasts up to 5 years, not only stopping at the declaration process, but also post-customs clearance inspection and annual settlement.
Many shippers have suffered unpredictable consequences when violations occurred after the investigation process by the Customs Branch. At this time, it requires the declarer to coordinate inspection and correct violations, leaving only the goods owner to bear full responsibility.
Therefore, choosing to use spontaneous services for businesses with the desire to receive support and share legal responsibilities with state management agencies is almost impossible.
For example, when hiring a spontaneous customs service to declare an export declaration for a shipment of water pumps (15% import-export tax), but the person providing this spontaneous service declared the wrong type as a pump. chemicals (tax rate is 0%). When the customs authority detects a violation, the person legally responsible is the business.
Or the shipment has been cleared early by the Customs agency, but the individual providing the service has delayed picking up the goods or presented bogus difficulties and problems to force the business to incur additional costs. There are also cases where customs documents are simple but the service individuals do not understand or deliberately do not understand, thereby guiding businesses to carry out procedures incorrectly.
At this time, the business cannot force the person providing the spontaneous service to take responsibility because the documents on the documents are all the business's own digital signature and do not show any information of any customs clearance agent to handled by State agencies. And almost if you don't want to, you will still have to pay administrative fines for the above violations.
A paradox that is difficult to accept, when a business has paid for customs clearance services, but bears full legal responsibility. This is the leading danger that can cause many businesses to struggle and lose initiative in their operations and operations.
2. Lost or not handed over customs declaration documents
Most unofficial customs services are questioned about the process of handing over customs declaration documents upon completion of procedures.
Because if businesses using these spontaneous services lack understanding of Import-Export policies and the Customs Law will not have a general grasp of the regulations on storing customs declaration records, then what will happen?
You will face the following almost unavoidable risks:
Loss of declaration documents: One risk that businesses may encounter when hiring unprofessional and unreliable customs clearance services is loss of declaration documents. This stems from the reason that some individuals providing spontaneous services do not have enough qualifications and understanding of the regulations in storing import-export records, leading to failure to preserve documents.
Not allowed to hand over documents: Trusting in customs declaration services without legal status or practice certification from the General Department of Customs not only causes damage from administrative violations, but also poses potential risks. Not allowed to hand over declaration documents, causing huge damage when a dispute occurs.
Obviously, unofficial customs declaration services lack professionalism and organization, thus not ensuring the process of storing and handing over declaration data, records, and documents. in accordance with customs regulations.
It can be said that the price businesses have to pay now is no longer money, but is on the verge of violating the law. Partners and customers, when receiving the above information, will also express their hesitation when working together. Businesses now have no choice but to "ask for help" from official customs clearance agents.
3. Impersonation and property appropriation
Although there are many units in the market that claim to be customs clearance agents, in reality, they are sometimes just units that do not have legal status or have unrelated business lines. related to being a customs clearance agent. These units only operate based on the use of customer referrals and digital signatures to conduct customs clearance services and do not have customs clearance agency service contracts.
Some units providing declaration services spontaneously hide in the shadow of import-export businesses to commit illegal activities and appropriate property of goods owners. For example, subjects may undertake customs declaration and goods receiving services for many companies headquartered in the same province, then falsify customs declarations to appropriate the value of the goods of those companies. this owner.
So now, who is the unit being investigated by the authorities? Who are the units facing the risk of property appropriation with a value of up to billions of dong?
This is an almost unanswerable question if businesses continue to hire people to do cheap fake spontaneous services and then issue letters of introduction as employees of their unit to do customs procedures. Because in reality, if the above actions are carried out successfully, these services can completely appropriate at least tens of millions of taxes that businesses pay to customs.
In general, acts of "impersonating" businesses to appropriate assets of some individuals working in customs services have been investigated and detected by the authorities. However, handling the subjects will cause businesses to have difficulty clearing goods and delaying customs clearance. If this happens frequently, the business will not only suffer economic losses, but its reputation will be affected.
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