The Border Guard and Customs are specialised management forces of the government at border gates, responsible for inspecting, controlling, and monitoring individuals, vehicles, goods, and commodities entering or exiting through border gates. In the current trend of deep and wide international integration, strengthening cooperation between these two forces, especially at border gates and seaports, becomes more and more essential.

According to Vietnamese law, at border gates and seaports, the Border Guard leads and coordinates with Customs in conducting border procedures and overseeing the activities of exit, entry, and transit while Customs leads and collaborates with the Border Guard in procedures, inspection, and supervision of export and import activities. This is a highly complex task, subject to intense pressure, regularly confronting sophisticated tactics employed by criminal entities engaging in cross-border offenses and trade fraud, requires strict coordination between these two crucial forces.

In carrying out the assigned functions and tasks over the past years, both forces have collaborated in researching and advising the Ministry of National Defence and the Ministry of Finance to propose to the Party and the Government the issuance of strategies, policies, laws, and measures to enhance the effectiveness and efficiency of government management in border control and customs operations. The two forces have also actively exchanged information and documents on border control and customs operations, improving the quality and efficiency of entry and exit, import and export activities at border gates and seaports, contributes to the management and protection of national border sovereignty, the prevention of crimes and the maintenance of political security, order, social safety, and the conduction of foreign affairs at border gates and seaports. In particular, both forces have effectively collaborated in implementing the National Single Window and the ASEAN Single Window, creating favourable conditions for the country to further integrate internationally, promote the expansion of trade, and leverage external resources for national development.

However, the coordination between the Border Guard and Customs in performing their functions and tasks reveals some limitations and deficiencies. Notably, the advisory work and proposals regarding functions, policies, and laws related to border control and customs operations have yet to be highly effective; timely adjustments and supplements to coordination regulations based on practical situations have not been adequately made; command, direction, and information exchange activities are not frequent and timely, lack of precision and consistency. When conducting joint activities, the assignment of tasks between the leading and coordinating parties lacks specificity and may overlap; the coordination in implementing the National Single Window and ASEAN Single Window is slow, etc. If these limitations are not addressed promptly, they will significantly hinder border control and customs clearance activities, potentially allowing criminal activities and trade fraud to go undetected at border gates and seaports, causing considerable impacts on the country's economic, social development, as well as national defence, security, and foreign relations. It is an urgent issue to research and propose solutions to enhance the coordination among military forces in general, and between the Border Guard and Customs specifically, in the control and clearance at border gates and seaports. This article outlines some basic solutions to address this issue for further research and discussion.

Quang Ngai Provincial Customs and Border Guard sign coordination agreement

Firstly, improve the quality of research, advisory work and proposals on strategies, policies, laws, and measures to enhance the effectiveness of government management regarding border control and customs. Accordingly, both parties agree on direction for the implementation and periodically review and summarise the key issues and plans of the Government, the Ministry of National Defence, and the Ministry of Finance, for border defence and customs tasks. In case of  identifying shortcomings and obstacles in the government management mechanisms for border defence and customs, proactive exchanges or written opinions should be made for timely adjustments and supplements with the relevant authorities. If the issues are related to the functions of government management, the political and socio-economic situation in the localities with border gates and seaports, both parties will discuss and agree first. Subsequently, for matters falling within the responsibilities and tasks of either party, that party will take the lead in advisory and proposing to the local party committee and government for resolution. In the short term, the two forces will collaborate to review, adjust, and supplement Regulation No. 3929/QC-BĐBP-TCHQ, dated 4 September 2019, on coordination activities between the Border Guard Command and the General Customs Department, in line with Vietnam Border Guard Law, and recent government decrees (Decree No. 106/2021/NĐ-CP, dated 6 December 2021, detailing a number of provisions of Vietnam Border Guard Law; Decree No. 02/2021/NĐ-CP, dated 2 December 2021, regulating the management, use, and list of technical equipment and means of professional tasks of the Border Guard) and the new mechanisms and policies of the government regarding border defence and customs.

Secondly, enhance the effectiveness of coordination in exchanging information, providing information, documents related to unified command and control mechanisms. Based on signed coordination regulations, both forces should continue to specify and implement them rigorously and effectively. During task execution, if either side receives information or documents related to crimes or legal violations within their respective areas of responsibility, they must promptly inform each other so that the competent authority can lead the resolution. In urgent or complex situations, both sides should proactively communicate through suitable means to coordinate and address the issues. The exchanged information and documents must be managed and used for the intended purpose, following legal requirements for government secret protection and the security work of each force.

To timely and effectively handle exchanged information and documents, both sides need to implement a unified command and control mechanism corresponding to each force. At the level of the Border Guard Command and the General Department of Customs, the designated focal point is usually the Border Gate Customs Department and the Anti-Smuggling Investigation Department. At the provincial level, it involves the provincial Border Guard Command (or equivalent in cities) and the Customs Department in province, inter-province, and in central subordinated city. At the grassroots level, it includes Border Guard posts, customs control offices at seaports, customs branches, and equivalent units. The coordination of command and direction should be consistently implemented from guidance, inspection, encouragement, deployment, task implementation, to summary, evaluation reporting, and result assessment.

Thirdly, strengthen coordinated patrols, inspections, detection, prevention, investigation, and prosecution of crimes and legal violations as prescribed. Coordinated patrols and inspections must follow plans, with the leading force preparing and sending it for the participating force's approval, completion, and submission to the competent authority for approval; the results of patrols and inspections must be uniformly reported to the higher leadership of both forces. In cases related to the functions, tasks, and authorities of both parties regarding the prevention and control of smuggling and illegal transportation of goods within the customs control area, the Customs authority takes the lead in checking, supervising, and controlling customs procedures, vehicles, and actively preventing smuggling and illegal transportation of goods. In urgent situations, pursuit, vessel stopping, suspects escaping, destruction of evidence or causing serious consequences, where timely coordination is required to prevent such situations, the commanding officer of the investigating party must directly exchange or communicate the information quickly, requesting the coordinating party to promptly deploy forces, vehicles, and coordinated measures, and then submit additional written requests. Border Guard units will unify and decide to coordinate with customs units at the same level in implementing operational measures to detect, prevent, investigate, and prosecute complicated cases of violations, involving multiple fields, regions, foreign elements, major cases, etc.

Fourthly, coordinate and synchronously implement the National Single Window and the ASEAN Single Window linked to the national digital transformation. The Border Guard and Customs continue to implement the National Single Window and the ASEAN Single Window according to Decision No. 1254/QD-TTg, dated 26 September 2018, of the Government "on approving the action plan to promote the National Single Window , ASEAN Single Window, reforming specialised inspection for exported and imported goods, and facilitating trade from 2018 to 2020". Focus on fully implementing the administrative procedures of the Ministry of National Defence and the Ministry of Finance regarding exit, entry, transit (12 electronic border procedures at border gates), export, and import through the National Single Window in order to facilitate, reduce time and costs for individuals, vehicles to entry and exit, for the imported and exported of goods, contribute to socio-economic development, strengthening national defence and security, and expanding international cooperation. To effectively achieve the goals of the "National Digital Transformation Programme by 2025, with a vision to 2030" and the “Developing applications for population data, identification and electronic authentication to serve national digital transformation in the period 2022 - 2025, with a vision to 2030" initiative, the forces need to enhance the application of population data and implement automation and digitisation in controlling entry, exit, transit, export, and import at border gates and seaports.

Fifthly, establish border control forces that are efficient, well-organised, strong, disciplined, modern, and upright to meet the requirements and tasks. To enhance the effectiveness of coordination in fulfilling functions and tasks, it is necessary to build border units that are "efficient, well-organised and strong" and customs offices that are "disciplined, modern, and upright." Both sides should continue to coordinate in training, education, development, and improvement of professional and vocational skills for officials and civil servants through various means such as organising training sessions, sending officials for training, providing materials, textbooks, supporting teaching equipment and tools. It is necessary to emphasise the responsibility of timely reporting among each party regarding signs, negative behaviours, negligence, tolerance, collusion, or direct violations of the law to take timely educational, preventive, and corrective measures.

Strengthening coordination, promoting administrative reform and enhancing the quality of mission implementation by the Border Guard and Customs forces at border gates and seaports have crucial and practical importance in contributing to the overall socio-economic development, ensuring solid sovereignty, and national security, and promoting comprehensive, extensive, flexible, and effective international integration, aligning with the aspiration for the flourishing and happiness of the country.

Sr. Col, Dr. TRAN VAN HIEU