Decision No. 33/2016/QD-TTg dated August 19, 2016 of the Prime Minister on promulgation of the statute on provision and use of e-customs declaration information

DECISION

Promulgating the Regulation on provision and use of e-customs declaration information[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and prescribing measures for implementation of, the Customs Law regarding customs procedures and customs inspection, supervision and control;

At the proposal of the Minister of Finance;

The Prime Minister promulgates the Regulation on provision and use of e-customs declaration information.

Article 1. To promulgate together with this Decision the Regulation on provision and use of e-customs declaration information.

Article 2. This Decision takes effect on October 15, 2016.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decision.

Prime Minister
NGUYEN XUAN PHUC

REGULATION ON PROVISION AND USE OF
E-CUSTOMS DECLARATION INFORMATION

(Promulgated together with the Prime Minister’s Decision No. 33/2016/QD-TTg of August 19, 2016)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation prescribes the provision and use of e-customs declaration information for performing tax-related procedures, procedures for grant of certificates of origin, via-bank payment procedures and other administrative procedures; and for proving the lawfulness of goods circulating in the market.

Article 2. Subjects of application

This Regulation applies to:

1. The information provider: the General Department of Customs.

2. Information users:

a/ State management agencies that use e-customs declaration information to perform tax-related procedures, procedures for grant of certificates of origin, or other administrative procedures; or to inspect the lawfulness of goods circulating in the market;

b/ Credit institutions that use e-customs declaration information to perform tax-related procedures or via-bank payment procedures;

c/ Organizations authorized by the Ministry of Industry and Trade to grant certificates of origin.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Inspection agencies include tax offices, customs offices, market management agencies, public security agencies, border guard and coast guard forces and units and persons competent to inspect organizations and individuals engaged in goods import or export or circulation of goods in the market as prescribed by law.

2. E-customs declaration portal (below referred to as Customs Portal) is an information system of the General Department of Customs with the function of providing, and managing the provision of, e-customs declaration information.

Article 4. Principles of provision and use of e-customs declaration information

1. E-customs declaration information shall be provided in a complete, accurate and timely manner to proper subjects.

2. Provided e-customs declaration information shall be used for proper purposes to serve professional operations of information users according to their functions and tasks; and at the same time ensure compliance with the law on protection of state secrets.

Chapter II

SPECIFIC PROVISIONS

Section 1

PROVISION AND USE OF E-CUSTOMS DECLARATION INFORMATION

Article 5. Forms of provision and use of e-customs declaration information

1. Information users shall access the Customs Portal using accounts granted by the General Department of Customs so as to use e-customs declaration information in the form of e-document.

2. Information users shall connect their information systems with the Customs Portal so as to use e-customs declaration information in the form of data message.

3. Inspection agencies shall use e-customs declaration information in the form of message sent by the General Department of Customs via their officially announced telephone numbers.

Article 6. To-be-provided e-customs declaration information contents

1. To-be-provided e-customs declaration information contents are prescribed in Appendix I to this Regulation.

2. In addition to the information contents prescribed in Clause 1 of this Article, based on the list of information items of import and export e-customs declarations according to current regulations, information users may request the General Department of Customs to supplement to-be-provided information items so as to meet their management requirements. The procedures for supplementation of to-be-provided e-customs declaration information contents must comply with Clause 3, Article 9 of this Regulation.

3. E-customs declaration information provided in the form of e-document or data message shall be signed with the digital signature of the General Department of Customs.

4. Information of customs declarations of goods imported to serve security and national defense purposes shall be provided only after obtaining agreement from competent agencies.

Article 7. Time limit for provision of e-customs declaration information

Within 1 minute after receiving a request, the Customs Portal shall send to the information user concerned a reply on:

1. E-customs declaration information; or,

2. Reason for non-provision of information, in case of system breakdown or unavailability of requested e-customs declaration information.

Article 8. Information users’ systems for receipt of e-customs declaration information

1. Based on their information technology infrastructure conditions, information users shall proactively upgrade, build and apply information systems and coordinate with the General Department of Customs in connecting their systems with the Customs Portal to serve the provision, receipt and use of e-customs declaration information.

2. In order to be connected with the Customs Portal, an information user’s  e-customs declaration information receipt system must meet the following conditions:

a/ Applying a valid digital signature as prescribed by law;

b/ Using encoded transmission lines;

c/ Ensuring information security as prescribed by law;

d/ Meeting technical requirements announced by the General Department of Customs regarding information item, data format, connection method and information exchange frequency.

Article 9. Registration for use of e-customs declaration information

1. Each information user shall assign a body to register the use of e-customs declaration information (below referred to as registration body) and notify such in writing to the General Department of Customs. The assignment of a registration body must comply with the following principles:

a/ For a ministry or ministerial-level agency: The registration body is an administrative unit under the ministry or ministerial-level agency;

b/ For a credit institution: The registration body is a professional unit at the institution’s head office;

c/ For organizations authorized by the Ministry of Industry and Trade to grant certificates of origin:

- For the Vietnam Chamber of Commerce and Industry: The registration body is a professional unit at the head office of the Vietnam Chamber of Commerce and Industry;

- Other organizations shall register the use of e-customs declaration information via the registration body of the Ministry of Industry and Trade.

2. Documents shall be sent from an information user’s registration body to the General Department of Customs and vice versa to serve the registration for use of e-customs declaration information in either of the following forms:

a/ Sending a paper document directly or by post to the head office of the recipient;

b/ Sending an e-document using a valid digital signature as prescribed by law to the email address announced by the recipient or via online services provided by the recipient.

3. Procedures for supplementation of to-be-provided e-customs declaration information contents:

a/ The registration body of the information user concerned shall send to the General Department of Customs 1 original request for supplementation of to-be-provided e-customs declaration information contents, made according to Form No. 01 in Appendix II to this Regulation;

b/ Within 2 working days after receiving the request, the General Department of Customs shall supplement to-be-provided e-customs declaration information contents and notify in writing the result to the information user’s registration body. In case of refusal to supplement any of requested information items, it shall clearly state the reason.

4. Procedures for registration of a new account for accessing the Customs Portal (below referred to as account) or extension of validity period or revocation of a granted account:   

a/ The registration body of the information user concerned shall send to the General Department of Customs 1 original request for registration of a new account or extension of validity period or revocation of a granted account, made according to Form No. 02 in Appendix II to this Regulation;

b/ Within 2 working days after receiving the request, the General Department of Customs shall grant a new account or extend the validity period or revoke the granted account and:

-  Notify in writing the result to the information user’s registration body. In case of refusal to register a new account or to extend the validity period of the granted account, it shall clearly state the reason;

- For new accounts: Notify account information to each account-registering individual via an email or a message sent from the email address or telephone number officially announced by the General Department of Customs.

5. Procedures for use registration, extension of use period, or invalidation of the massaging function of a mobile phone number:

a/ An inspection agency’s registration body shall send to the General Department of Customs 1 original request for use registration, extension of use period, or invalidation of the massaging function of a mobile phone number, made according to form No. 03 provided in Appendix II to this Regulation;

 b/ Within 2 working days after receiving the request, the General Department of Customs shall effect the use registration, extension of validity period, or invalidation of the messaging function of a mobile phone number, and notify in writing the result to the inspection agency’s registration body. In case of refusal to accept the use registration or the extension of validity period, it shall clearly state the reason.

6. Provisions on validity period of an account and validity period of the messaging function of a mobile phone number (below collectively referred to as validity period):

a/ In case of first-time registration or extension of validity period: The validity period is 24 months or shall be proposed by the information user but must not exceed 24 months;

b/ The validity period shall be counted from the date the General Department of Customs sends a notice of the result of first-time registration or extension of validity period to the information user’s registration body;

c/ Thirty days before an account or the messaging function of a mobile phone number expires, the General Department of Customs shall notify every person registering such account or registering to use the messaging function of such mobile phone that the validity period is about to expire. The notification shall be made in the form of email or message from addresses or telephone numbers officially announced by the General Department of Customs.

7. Provisions on revocation of an account or invalidation of the massaging function of a mobile phone number:

a/ The General Department of Customs shall revoke an account or invalidate the massaging function of a mobile phone number in the following cases:

- Upon request of the information user’s registration body;

- The validity period has expired;

- The account or mobile phone number has not been used for searching information for 6 months;

- It is detected that the customs declaration is used at variance with the principles prescribed in Clause 2, Article 4 of this Regulation and other relevant provisions.

b/ The revocation of an account or invalidation of the massaging function of a mobile phone number shall be notified in writing to the information user’s registration body. The time of issuance of such notice is the time the validity period of the account officially expires or the massaging function of the mobile phone number is officially invalidated.

8. Procedures for registration of connection or disconnection of the information user’s system to the Customs Portal:

a/ The information user’s registration body shall send to the General Department of Customs 1 original request for connection or disconnection to the Customs Portal, made according to form No. 04 in Appendix II to this Regulation, ;

b/ Within 3 working days after receiving the request, the General Department of Customs shall notify in writing the information user’s registration body of the former’s acceptance or rejection of such request; in case of rejection, it shall clearly state the reason;

c/ In case of acceptance of system connection: Within 10 working days after sending a notice, the General Department of Customs shall assign a survey team to the place where the information user’s information system is installed to inspect the satisfaction of the requirements prescribed in Clause 2, Article 8 of this Regulation.

- If the survey team’s conclusion record shows that the information user’s information system satisfies the requirements prescribed in Clause 2, Article 8 of this Regulation, within 10 working days, the General Department of Customs shall notify in writing the information user of the latter’s satisfaction of the conditions for connection and coordinate with the latter in connecting systems to provide e-customs declaration information;

- If the survey team’s conclusion record shows that the information user’s information system fails to satisfy the requirements prescribed in Clause 2, Article 8 of this Regulation, within 10 working days, the General Department of Customs shall notify in writing the information user of the latter’s failure to satisfy the conditions for connection to the Customs Portal.

d/ In case of acceptance of system disconnection: Within 10 working days after sending a notice, the General Department of Customs shall coordinate with the information user in effecting the disconnection of systems.

9. Provisions on disconnection of an information user’s system to the Customs Portal:

a/ The General Department of Customs shall effect the disconnection to an information user’s system in the following cases:

- Upon request of the information user’s registration body;

 - It is detected that the customs declaration information is used for purposes other than those prescribed in Article 4 of this Regulation and other relevant provisions.

b/ At least 5 working days before the time of official disconnection, the General Department of Customs shall notify in writing the information user’s registration body of the disconnection of the information user’s system to the Customs Portal.

Section 2

RESPONSIBILITIES OF RELATED PARTIES

Article 10. Responsibilities of the General Department of Customs

1. To provide, and take responsibility for the integrity of, e-customs declaration information as prescribed in this Regulation and other relevant provisions.

2. To establish, deploy, and manage the operation of, the Customs Portal, specifically as follows:

a/ To establish and deploy the Customs Portal within 6 months after the effective date of this Decision;

b/ To furnish adequate infrastructure facilities meeting the operation demand and requirements on the time limit for provision of e-customs declaration information;

c/ To ensure the uninterrupted and stable operation of systems and information safety;

d/ To provide system use instructions and operation assistance.

3. To manage the registration for use of e-customs declaration information by information users.

4. To deploy and announce email addresses and telephone numbers serving the provision of e-customs declaration information.

5. To establish and announce technical requirements for connection to the Customs Portal.

Article 11. Responsibilities of information users

1. To furnish adequate technical equipment and facilities for the receipt and use of e-customs declaration information.

2. To use e-customs declaration information in adherence to the principles prescribed in Clause 2, Article 4 of this Regulation and other relevant provisions.

3. To manage and ensure confidentiality of information on accounts for access to the Customs Portal.

4. To ensure that the establishment, deployment and operation of systems for receiving e-customs declaration information satisfy the requirements prescribed in Clause 2, Article 8 of this Regulation.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 12. Implementation responsibility

1. The Ministry of Finance shall:

a/ Assume the prime responsibility for, and coordinate with related ministries and units in, organizing the implementation of this Regulation;

b/ Monitor and summarize the implementation of this Regulation; and when necessary, propose the amendment or supplementation of this Regulation to the Prime Minister.

2. Ministries and agencies:

a/ Related ministries and agencies shall organize the implementation, and direct their attached units to implement relevant provisions, of this Regulation;

b/ The Ministry of Public Security and the Ministry of National Defense shall coordinate with the Ministry of Finance (the General Department of Customs) in reviewing, and reaching agreement on, the scope and contents of information to be provided, and users of information of e-customs declarations of goods imported for security or national defense purposes;

c/ Related units shall promptly report any problems arising in the course of implementation of this Regulation to the Ministry of Finance (the General Department of Customs) for summarization and reporting to the Prime Minister.

Article 13. Funds for implementation

Funds for provision and use of e-customs declaration information of state management agencies under this Regulation shall be allocated from the state budget based on annual fund estimates approved for ministries and sectors in accordance with law.

Prime Minister
NGUYEN XUAN PHUC

* All appendices to this Regulation are not translated.-