Decision No. 19/2011/QD-TTg dated March 23, 2011 of the Prime Minister on pilot implementation of commodities declaration, related documents and electronic customs clearance for seagoing vessels on entrance or exit Vietnam

THE PRIME MINISTER

Decision No. 19/2011/QD-TTg of March 23, 2011, on pilot acceptance of goods declarations, relevant documents and pilot application of e-customs clearance to sea-going ships on entry and exit

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 29, 2001 Customs Law and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Customs Law;

Pursuant to the November 29, 2005 Law on E-Transactions;

At the proposal of the Minister of Finance,

DECIDES:

Article 1. To receive goods declarations, and relevant documents and apply e-custom clearance on a pilot basis to sea-going ships on entry and exit

1. Scope of pilot acceptance of goods declarations, other relevant e-data information, and pilot application of e-customs clearance to sea-going ships on entry and exit (below collectively referred to as e-customs procedures applicable to sea-going ships on entry and exit).

2. Subjects to pilot implementation are:

a/ Vietnam sea-going ships, foreign sea-going ships on entry and exit;

b/ Shipping companies, shipping agents and forwarding companies;

c/ Customs Departments at seaports;

d/ Port authorities.

The Minister of Finance shall select specific subjects to participate in pilot implementation.

3. Duration and places of pilot implementation:

a/ Duration of pilot implementation: from 2011 to the end of 2012;

b/ Places of pilot implementation:

- During 2011-2012: to pilot implementation at seaports of Hai Phong city, Da Nang city, Ho Chi Minh City and Ba Ria-Vung Tau province;

- In 2012: to expand pilot implementation to seaports of Quang Ninh, Quang Ngai, Binh Dinh and Khanh Hoa provinces and Can Tho city.

Article 2. E-customs dossiers for sea-going ships on entry and exit

1. For sea-going ships on entry:

a/ Declaration of shipped imports;

b/ Information on house bill of lading;

c/ General statement;

d/ Crew list;

e/ Declaration of crew luggage;

f/ Declaration of ship reserve;

g/ List of passengers (if any);

h/ Declaration of hazardous cargoes (if any).

2. For sea-going ships on exit:

a/ Declaration of exports;

b/ General statement;

c/ Crew list;

d/ Declaration of crew luggage;

e/ Declaration of ship reserve;

f/ List of passengers (if any).

3. The Ministry of Finance shall specify contents in e-customs dossiers under Clauses 1 and 2 of this Article.

Article 3. Time limit for providing information on e-customs dossiers

1. For sea-going ships on entry:

a/ Time limit for providing information on declaration of imports, house bill of lading is 12 hours or 24 hours before expected time of ship arrival at port for ships in under 5-day voyage or other voyages, respectively;

b/ Time limit for providing information on the documents specified at Points c thru h, Clause 1, Article 2 of this Decision is 8 hours before expected time of ship arrival at port.

2. For sea-going ships on exit:

Time limit for providing the information specified in Clause 2, Article 2 of this Decision is 1 hour before ship departure.

3. Legal validity of e-customs dossiers for sea-going ships on entry and exit specified in this Decision complies with regulations on e-transactions.

Article 4. Place of receiving and processing information on e-customs dossiers for sea-going ships on entry and exit

1. The place of receiving and processing information on e-customs dossiers for sea-going ships on entry and exit is the e-Portal of the General Department of Customs. Customs declarants shall send e-data to the e-Portal of the General Department of Customs under this Decision so that customs offices carry out customs procedures and e-customs clearance for sea-going ships on entry and exit.

2. Provincial-level and district-level Customs Departments and concerned units may exploit data from the e-Portal of the General Department of Customs for carrying out customs procedures and e-customs clearance for sea-going ships on entry and exit under their management under this Decision.

Article 5. Rights and responsibilities of customs declarants

1. Rights and obligations of customs declarants participating in pilot implementation of this Decision comply with Article 23 of the Customs Law and the Government’s Decree No. 27/2007/ND-CP of February 23, 2007, on e-transactions in financial activities.

2. Upon carrying out e-customs procedures for sea-going ships on entry and exit, customs declarants shall:

a/ Post notices on the e-Portal of the General Department of Customs on carrying out e-customs procedures for sea-going ships on entry and exit;

b/ Use digital signatures. In case customs offices have not applied digital signatures, customs declarants shall use e-accounts under regulations of the Ministry of Finance;

c/ Send e-data to the e-Portal of the General Department of Customs and receive results of handling from the e-Portal;

d/ Provide relevant information for examination and inspection.

Article 6. Responsibilities and powers of customs offices and customs officers

1. Responsibilities and powers of customs offices and customs officers participating in pilot implementation of this Decision comply with Article 27 of the Customs Law and the Government’s Decree No. 27/2007/ND-CP of February 23, 2007, on e-transactions in financial activities.

2. Within 2 working days after receiving customs declarants’ notices on carrying out e-customs procedures, customs offices shall reply on acceptance or rejection (with a clear reason) in electronic form to customs declarants.

3. To elaborate and announce e-data exchange standards to customs declarants for compliance.

4. To develop the function of receiving data according to announced standards and receiving data directly imported by customs declarants via the internet or through providers of services of transmitting and receiving e-customs data.

5. To share information on goods declarations, other relevant information and results of ship customs clearance with functional agencies at seaports for coordinated management; to keep confidential information provided by customs declarants.

Article 7. Responsibilities of the Ministry of Finance

1. To promulgate documents guiding this Decision.

2. To assume the prime responsibility for, and coordinate with the Ministry of Transport and concerned ministries and sectors in, implementing this Decision.

3. To direct the customs service in:

a/ Selecting subjects participating in pilot implementation;

b/ Proposing investment in or procurement of software, network equipment and facilities and other necessary information technology infrastructure facilities to assure the  pilot implementation according to the set schedule;

c/ Providing technical and customs operation assistance for subjects participating in pilot implementation.

4. To review and assess results of pilot implementation; to propose application of e-customs procedures to sea-going ships on entry and exit after the pilot duration expires.

Article 8. Implementation provisions

1. This Decision takes effect on May 15, 2011.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally-run cities shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG