Circular 10/2022/TT-BTTTT list of cyberinformation security products imported under permits

CIRCULAR

Amending and supplementing a number of articles of the Minister of Information and Communications’ Circular No. 13/2018/TT-BTTTT of October 15, 2018, providing the list of cyberinformation security products imported under permits and the order, procedures and dossiers for grant of permits for import of cyberinformation security products^[1]

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 108/2016/ND-CP of July 1, 2016, stipulating in detail conditions for provision of cyberinformation security products and services;

Pursuant to the Government’s Decree No. 69/2018/ND-CP of May 15, 2018, detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 17/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Authority of Information Security,

The Minister of Information and Communications promulgates the Circular amending and supplementing a number of articles of the Minister of Information and Communications’ Circular No. 13/2018/TT-BTTTT of October 15, 2018, providing the list of cyberinformation security products imported under permits and the order, procedures and dossiers for grant of permits for import of cyberinformation security products.

Article 1. To amend and supplement a number of articles of the Minister of Information and Communications’ Circular No. 13/2018/TT-BTTTT of October 15, 2018, providing the list of cyberinformation security products imported under permits and the order, procedures and dossiers for grant of permits for import of cyberinformation security products

1. To amend Article 6 as follows:

“The Authority of Information Security - the Ministry of Information and Communications is the import permit-granting agency”.

2. To annul Clause 2, Article 7.

3. To amend Clause 5, Article 8 as follows:

“For the mode of online submission, enterprises shall submit dossiers at the Ministry of Information and Communications’ public service portal at https://dichvucong.mic.gov.vn or the National Public Service Portal”.

4. To amend Clause 6, Article 8 as follows:

6. Enterprises shall receive import permits directly at the head office of the Authority of Information Security or by post, or receive e-import permits on the public service portal”.

5. To amend Clause 3, Article 9 as follows:

“Within 5 (five) working days after receiving a valid dossier, the Authority of Information Security - the Ministry of Information and Communications shall appraise the dossier and notify dossier processing results to the enterprise. If the enterprise satisfies all the conditions prescribed in Clause 3, Article 48 of the Law on Cyberinformation Security, the Authority of Information Security - the Ministry of Information and Communications shall grant an import permit, made according to Form No. 03 provided in Appendix II to this Circular, to the enterprise. If the enterprise does not fully satisfy the prescribed conditions, the Authority of Information Security - the Ministry of Information and Communications shall issue a written reply, clearly stating the reason for refusal to grant such a permit”.

6. To amend Article 10 as follows:

“1. In case its import permit, which remains valid, is lost or damaged, the enterprise shall send a written request for re-grant of an import permit, made according to Form No. 02 provided in Appendix II to this Circular, to the Authority of Information Security - the Ministry of Information and Communications.

2. Within 2 (two) working days after receiving a valid request, the Authority of Information Security - the Ministry of Information and Communications shall re-grant the import permit to the enterprise”.

7. To replace Appendixes I and II to the Minister of Information and Communications’ Circular No. 13/2018/TT-BTTTT of October 15, 2018 with Appendixes I and II to this Circular.

Article 2. Transitional provisions

1. Import permits granted before the effective date of this Circular remain valid until their expiry dates.

2. HS Code 8517.62.43 in Appendix I to this Circular shall be applied from December 1, 2022.

Article 3. Effect and implementation responsibilities

1. This Circular takes effect on September 15, 2022.

2. Any problems arising in the course of implementation of this Circular should be reported to the Authority of Information Security - the Ministry of Information and Communications for consideration and settlement.

3. If there remain disparities in determination of HS codes of products and goods in Appendix I to this Circular and the List of Vietnam’s imports and exports, the Ministry of Information and Communications (the Authority of Information Security) shall coordinate with the Ministry of Finance (the General Department of Customs) in deciding HS codes of imported and exported goods.

4. The Chief of the Office, the Director of the Authority of Information Security and heads of agencies and units of the Ministry of Information and Communications, and related enterprises, organizations and individuals shall implement this Circular.-

Minister of Information and Communications
NGUYEN MANH HUNG