THE PRIME MINISTER
Decision No.34/2016/QD-TTgdated August 23,2016of the Prime Minister onregulations on e-procedures for boats, ships’ entry, exit from seaports, inland ports, offshore oil ports via national single-window system
Pursuant to the Law on Government organization dated June 19, 2015;
Pursuant to the Government’s Decree No. 21/2012/ND-CP dated March 21, 2012 stipulating seaport and navigable channel management;
Pursuant to the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 detailing the implementation of the Law on Customs concerning customs procedures, customs inspection and control;
Pursuant to the Government’s Decree No. 50/2008/ND-CP dated April 21, 2008 on management and protection of security and order at seaport checkpoints;
Pursuant to the Government’s Decree No. 103/2010/ND-CP dated October 01, 2010 detailing the implementation of a number of articles of the Law on prevention and control of infectious diseases concerning border health quarantine;
Pursuant to the Government’s Decree No. 24/2015/ND-CP dated February 27, 2015 detailing the implementation of a number of articles of to the Law on Inland Waterway Navigation and the Law on Amendments to a number of articles of to the Law on Inland Waterway Navigation;
Pursuant tothe Government s Decree No. 26/2007/ND-CP dated February 15th 2007, specifying the implementation of the Law on Electronic transaction applicable to digital signatures and the authentication of digital signatures;
Pursuant to the Government’s Decree No. 106/2011/ND-CP dated November 23, 2011 on amendments to a number of articles of the Government s Decree No. 26/2007/ND-CP dated February 15th 2007, specifying the implementation of the Law on Electronic transaction applicable to digital signatures and the authentication of digital signatures;
Pursuant to the Government’s Decree No. 170/2013/ND-CP dated November 13, 2013 on amendments to a number of articles of the Government s Decree No. 26/2007/ND-CP dated February 15th 2007, specifying the implementation of the Law on Electronic transaction applicable to digital signatures and the authentication of digital signatures;
Pursuant to the Agreement and Protocol on the construction and implementation of ASEANsingle-window system and national single-window system;
Pursuant to the Treaty on Waterway Transportation between Vietnam and Cambodia dated December 17, 2009;
At the request of the Minister of Finance;
The Prime Minister has promulgated the Decision stipulating e-procedures for boats, ships’ entry, exit from seaports, inland ports, offshore oil ports via national single-window system.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
1.This Decision stipulates e-procedures performed via national single-window system for:
a) Vietnamese and foreign boats, ships’ entry into seaports, inland ports;
b) Vietnamese and foreign boats, ships’ exit from seaports, inland ports;
c) Foreign ships making transit;
d) Boats, ships’ entry into offshore oil ports;
dd) Boats, ships’ exit from offshore oil ports;
e) Inland waterway boats, ships’ entry into seaports, inland ports;
g) Inland waterway boats, ships’ exit from seaports, inland ports;
h) Vietnamese and Cambodian inland watercraft’s entry into Vietnamese seaports, inland ports;
i) Vietnamese and Cambodian inland watercraft’s exit from Vietnamese seaports, inland ports;
2.This Decision shall not be applicable to other types of ships as prescribed in Article 50, Article 58 of the Government’s Decree No. 21/2012/ND-CP dated March 21, 2012 stipulating management of seaports and navigable channels, ships without IMO numbers.
Article 2. Subject of application
This Decision applies to:
1.Domestic and foreign organizations, individuals, seagoing ships, inland watercraft;
2.Professional regulators at seaports, inland ports and offshore oil ports (herein ‘professional regulators’);
3.Credit institutions involved in the provision of e-payment services for taxes, fees and charges when carrying out the procedures as prescribed in Article 1 herein;
4.Digital certificate providers licensed by the Ministry of Information and Communications;
Article 3. Interpretation of terms
In this Decision, some terms are construed as follows:
1.“National single-window system at ports” (herein “National single-window system”) means the system that allows a declarant to submit electronic information and documents to fulfill regulatory procedures for boats, ships entering and leaving ports via National single-window system. Professional regulators shall make decisions via National single-window system.
2.“National single-window system portal serving the implementation of National single-window system” (herein “NSW portal”) refers to the centralized and integrated information system serving e-procedures for boats, ships’ entry, exit from ports and fulfillment of regulatory requirements at ports.
3.“Professional regulators at ports” includes border checkpoint customs agencies, port authorities or inland waterway port authorities (herein “port authorities”), port border guards (herein “border guards”), health quarantine, animal and plant quarantine agencies.
4.“Professional information systems beloning to professional regulators at ports” include the functions that are connected to NSW portal and subsystems that process information and documents submitted by enterprises performing procedures via National single-window system.
5.“Procedures for boats, ships entering or leaving ports via NSW portal” refer to the processing of electronic transactions from the time when the declarant fulfills e-procedures via National single-window system until he/she receives the decision on completion of the procedures issued by relevant professional regulators.
6.“E-applications” refers to the electronic information including content of forms, documents to be submitted by the declarant as prescribed; notifications, confirmations of tasks performed through NSW portal between professional regulators at ports and the declarant.
7.“Main responsibility” means one of several professional regulators shall give final decision on the handling of documents in case such documents are received and handled by multiple agencies. The remaining agencies may ask enterprises to provide amendments or supplements but are not allowed to reject receipt of documents or applications for reasons concerning such documents.
8.“Enterprises’ digital signatures” are digital signatures provided by digital signature authentication service providers that have registered with NSW portal.
9.“The declarant” includes ship owners or managers, lessors, operators, captains or persons authorized to fulfill procedures as prescribed in Article 1 herein through NSW portal.
10.“Inland transport ships” refers to the seagoing ships that transport cargo from a seaport or inland port where entry procedures have been fulfilled to another seaport or inland port within the same territory of Vietnam.
11.“Electronic dispatch instruction” refers to the permission issued by port authorities to the declarant in the electronic form through NSW portal upon approval for entry of his/her boats, ships into ports.
12.“E-certificate of clearance” refers to the permission issued by port authorities to the declarant in the electronic form through NSW portal upon completion of e-procedures for boats, ships’ exit from ports. E-certificate of clearance may serve as a replacement for paper certificates of clearance.
13.“E-transit permit” refers to the permission issued by port authorities to the declarant in the electronic form through NSW portal upon completion of e-procedures for boats, ships in transit. E-transit permit may serve as a replacement for paper transit permits.
Chapter II
PARTICULAR PROVISIONS
Article 4. E-documents, conversion from paper documents into e-documents and vice versa
1.E-documents declared or shown to professional regulators at ports through National single-window system may be converted from paper documents if meeting following requirements:
a) Reflect all the information from paper documents
b) Ensure availability of a digital signature registered with NSW portal;
2.Paper documents may be converted from e-documents provided through NSW portal if meeting following requirements:
a) Reflect all the information from e-documents
b) Paper documents converted from e-documents should bear signs to notice that they are converted from e-documents and printed from NSW portal. Such signs include information about the documents digitally signed by the licensing agency or NSW portal, name and email address and/or contact phone number of the signer, date of digital signature. The signs shall be published at https://vnsw.gov.vn by NSW portal management agency:
c) Paper documents converted from e-documents should bear legal signature, full name and seal of the declarant
3.E-documents shall have the same value as paper documents that are used to file procedures with professional regulators.
4.The declarant shall deposit e-documents and paper documents as prescribed.
Article 5. E-procedures for domestic and foreign boats, ships’ entry into seaports, inland ports
1.Documents to be declared in the electronic form through NSW portal:
a) Documents as prescribed in Section I, Appendix I enclosed herewith;
b)Time limits for submission of documents
-Time limits for provision of information about ship’s security notification: 24 hours at the latest before expected arrival of ships at ports; notice of arrival: 8 hours at the latest before expected arrival of ships at pilot boarding area or two hours in case ships are moving among seaports, inland ports or marine areas within 20 nautical miles; notice of arrival: Two hours at the latest before expected arrival of ships at pilot boarding area; Time limits for provision of information about cargo manifest, house bill of lading: 12 hours at the latest before expected arrival of ships at ports with regard to shipments taking less than five days; 24 hours at the latest before expected arrival of ships at ports for other shipments;
-Time limits for provision of information about health declaration: Two hours at the latest before arrival of ships at pilot boarding area;
-Time limits for provision of information about crew list, passenger list, declaration of weapons and explosives, declaration of stowaway: 04 hours at the latest before expected arrival of ships at ports:
-Time limits for provision of other documents: Two hours at the latest since the ship is anchored at ports or four hours since the ship is anchored in other positions in the port waters;
2.Documents to be presented:
a) Documents as prescribed in Section II, Appendix I enclosed herewith;
b) Seagoing ships and crew’s certificates:
Port authorities shall check declared information and look up data on Vietnamese seagoing ships and crew in the electronic database of documents as prescribed in Clauses 1, 2, 3, 8, 9 and 11, Section II, Appendix I enclosed herewith to fulfill e-procedures for ships’ entry. The declarant shall be required to present documents in case the database does not contain data on seagoing ships, crew.
If the electronic database does not contain data onseagoing ships, crew, the port authorities shall make notification to the declarant forshowingdocuments according to the time limits as prescribed in the fifth em dash, Point b, Clause 1 of this Article.
Database of foreign ships, crew: The declarant shall provide data on seagoing ships, crew for the first time on NSW portal. Port authorities shall carry out the first procedures for checking declared data against presented originals to settle procedures for foreign ships entry or in case of changes. Database of foreign seagoing ships, crew’ entry shall be maintained on NSW portal as a source of data for the preparation of the preparation of next procedures.
c) Time limits for presentation of documents without electronic database for checking shall be instructed in the fifth em dash, Point b, Clause 1 of this Article.
3.Responsibility of professional regulators for procedures
Professional regulators within their functions and duties shall be responsible for inspecting documents submitted in the electronic form or documents presented and procedures.
a) Time limits for fulfillment of procedures:
-For documents as prescribed in Point a, Clause 1 of this Article: One hour at the latest since the declaration of information and documents is completed by the declarant;
-For documents as prescribed in Point a, Clause 2 of this Article: One hour at the latest since all the documents are presented as prescribed in Point a, Clause 2 of this Article.
b) Responsibility for procedures
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6, 8 and 15, Section I and Clauses 1, 2, 3, 8, 9 and 11, Section II, Appendix I enclosed herewith. Particularly for documents as prescribed in Clauses 1, 2, 3, 4 and 15, Section I, Appendix I enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in the settlement and give different opinions.
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Section I and Clause 4, Section II, Appendix I enclosed herewith. Particularly for documents as prescribed in Clauses 7, 8, 9, 10 and 11, Section I, Appendix I enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 5, 6, 8, 16 and 17, Section I and Clauses 10, 11 and 13, Section II, Appendix I enclosed herewith. Particularly for documents as prescribed in Clauses 5, 6, 16 and 17, Section I, Appendix I enclosed herewith, border guards shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Animal quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4 and 14, Section I and Clause 7, Section II, Appendix I enclosed herewith. Particularly for documents as prescribed in Clause 14, Section I, Appendix I enclosed herewith, animal quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Plant quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4 and 13, Section I and Clause 6, Section II, Appendix I enclosed herewith. Particularly for documents as prescribed in Clause 13, Section I, Appendix I enclosed herewith, plant quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions. Plant quarantine agencies shall make notification to the declarant of actual time for inspection of shipments according to the Law on Plant Protection and Quarantine 2013.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 12, 18 and 19, Section I and Clauses 1, 12, 14, Section II, Appendix I enclosed herewith. Particularly for documents as prescribed in Clause 12, 18 and 19, Section I, Appendix I enclosed herewith, health quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
4.E-permits
a) Two hours at the latest since receipt of notice of arrival of ships at the pilot boarding area, port authorities shall issue dispatch instruction through NSW portal based on feedback from relevant agencies. In case of refusal, notifications shall be made along with the reasons for refusal.
b) One hour at the latest since the declarant completes declaration and dispatch of e-applications as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue written confirmations of the completion of the procedures to the declarant. Plant quarantine agencies shall confirm the time for completion of procedures for registration of plant quarantine for goods under the list of goods subject to plant quarantine through NSW portal.
c) Health quarantine agencies shall confirm the time for completion of procedures for health quarantine for ships departing from or traveling through contaminated zones or ships carrying people departing from or traveling through contaminated areas or dead people, human ashes, dead bodies, human tissues or organs.
Article 6. E-procedures for domestic and foreign boats, ships’ exit from seaports, inland ports
1.Documents to be declared in the electronic form through NSW portal:
a) Documents as prescribed in Section I, Appendix II enclosed herewith;
b)Time limits for submission of e-documents
-Time limits for provision of information about ships departures from ports: two hours at the latest before departure;
-Time limits for provision of other documents: Two hours at the latest before ships departures; particularly for passenger ships and liners, immediately before expected departure of ships from ports;
2.Documents to be presented:
a) Documents as prescribed in Section II, Appendix II enclosed herewith;
b) Seagoing ships and crew’s certificates:
Port authorities shall check declared information and look up data on Vietnamese seagoing ships and crew in the electronic database of documents as prescribed in Clauses 1, 2, 6 and 9, Section II, Appendix II enclosed herewith to fulfill procedures for ships’ departures. The declarant shall be required to present documents in case the database does not contain data on seagoing ships, crew.
If the electronic database does not contain data of seagoing ships, crew, the port authorities shall make notification to the declarant for showing documents according to the time limits as prescribed in the second em dash, Point b, Clause 1 of this Article.
Database of foreign ships, crews: Port authorities shall check declared data against presented originals (in case of changes versus the date of arrival) to settle procedures for foreign ships’ departures. Database of foreign seagoing ships, crew (if any change) shall be maintained on NSW portal as a source of data for the preparation of next procedures.
c) Time limits for presentation of documents as stipulated in the second em dash, Point b, Clause 1 of this Article.
3.Responsibility of professional regulators for procedures: Professional regulators within their functions and duties shall be responsible for inspecting documents submitted in the electronic form or documents presented and performing procedures.
a) Time limits for fulfillment of procedures:
-For documents as prescribed in Point a, Clause 1 of this Article: Immediately after the declarant sends e-documents to the system;
-For documents as prescribed in Point a, Clause 2 of this Article: One hour at the latest since all the documents are presented as prescribed.
b) Responsibility for procedures
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4 and 13, Section I and Clauses 1, 2, 6 and 9, Section II, Appendix II enclosed herewith. Particularly for documents as prescribed in Clauses 1, 2, Section I, Appendix II enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Customs authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6, 7 and 13, Section I and Clause 5, Section II, Appendix II enclosed herewith. Particularly for documents as prescribed in Clauses 5, 6, 7 and 13, Section I, Appendix II enclosed herewith, customs authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 9, 10 and 13, Section I and Clauses 7, 9, Section II, Appendix II enclosed herewith. Particularly for documents as prescribed in Clauses 3, 4, 9 and 10, Section I, Appendix II enclosed herewith, border guards shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Animal quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, Section I and Clause 4, Section II, Appendix II enclosed herewith.
-Plant quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, Section I and Clause 3, Section II, Appendix II enclosed herewith.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 8, 11 and 12, Section I and Clauses 8, 10, Section II, Appendix II enclosed herewith. Particularly for documents as prescribed in Clause 8, 11 and 12, Section I, Appendix II enclosed herewith, health quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
4.E-permits
a) One hour at the latest since the declarant completes declaration and dispatch of e-applications as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue permission for departures through NSW portal. In case of refusal, notifications shall be made along with reasons for refusal.
b) If a ship stays at the port for more than 24 hours since its departure is accepted, procedures for the ship’s departure shall be carried out again as instructed in this Article.
Article 7. E-procedures for foreign ships in transit
1.Documents to be declared in the electronic form through NSW portal:
a) Documents as prescribed in Section I, Appendix III enclosed herewith.
b)Time limits for submission of e-documents
-Time limits for provision of information about ship’s security notification: 24 hours at the latest before expected arrival of ships at ports; notice of transit: 12 hours at the latest since expected arrival of ships at an anchorage waiting for transit; notice of transit: two hours at the latest before expected arrival of ships at pilot boarding area;
-Time limits for provision of information about cargo manifest, house bill of lading: 12 hours at the latest before expected arrival of ships at an anchorage waiting for transit with regard to shipments taking less than five days; 24 hours at the latest before expected arrival of ships at the anchorage waiting for transit for other shipments;
-Time limits for provision of information about health declaration: Two hours at the latest before arrival of ships at pilot boarding area;
-Time limits for provision of information about crew list, passenger list, declaration of weapons and explosives, declaration of stowaway:04 hours at the latest before expected arrival of ships at ports:
-Time limits for provision of other documents: Two hours at the latest since the ship is anchored at ports or four hours since the ship is anchored in other positions in the port waters;
2.Documents to be presented:
a) Documents as prescribed in Section II, Appendix III enclosed herewith.
b) Seagoing ships and crew’s certificates:
Port authorities shall check declared information and look up data on Vietnamese seagoing ships and crews in the electronic database of documents as prescribed in Clauses 1, 2, 3, 4, 5 and 9, Section II, Appendix III enclosed herewith to fulfill e-procedures for ships’ transit. The declarant shall be required to present documents in case the database does not contain data of seagoing ships, crew.
If the electronic database does not contain data of seagoing ships, crew, port authorities shall make notification to the declarant for showing documents according to the time limits as prescribed in the fifth em dash, Point b, Clause 1 of this Article.
Database of foreign ships, crews: The declarant shall provide data of seagoing ships, crew for the first time on NSW portal. Port authorities shall prepare the first procedures for checking declared data against presented originals to settle procedures for foreign ships’ transit or in case of changes. Database of foreign seagoing ships, crew in transit shall be maintained on NSW portal as a source of data for the preparation of next procedures.
c) Time limits for presentation of documents as stipulated in the fifth em dash, Point b, Clause 1 of this Article.
3.Responsibility of professional regulators for procedures
Professional regulators within their functions and duties shall be responsible for inspecting documents submitted in the electronic form or documents presented and procedures.
a) Time limits for fulfillment of procedures:
-Immediately after the declarant transfers information and documents to the system with regard to documents as prescribed in Point a, Clause 1 of this Article;
-For documents as prescribed in Point a, Clause 2 of this Article: One hour at the latest since the presentation of documents as prescribed in Point a, Clause 2 of this Article.
b) Responsibility for procedures
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6 and 9, Section I and Clauses 1, 2, 3, 4, 5 and 9, Section II, Appendix III enclosed herewith. Particularly for documents as prescribed in Clauses 1, 2, 3, 4 and 9, Section I, Appendix III enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Customs authorities shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 5, 6, 7, 8 and 15, Section I and Clause 6, Section II, Appendix III enclosed herewith. Particularly for documents as prescribed in Clauses 7,8 and 15, Section I, Appendix III enclosed herewith, customs authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 5, 6, 11 and 12, Section I and Clauses 7, 8 and 9, Section II, Appendix III enclosed herewith. Particularly for documents as prescribed in Clauses 5, 6, 11 and 12, Section I, Appendix III enclosed herewith, border guards shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 10, 13 and 14, Section I, Appendix III enclosed herewith. Particularly for documents as prescribed in Clause 10, 13 and 14, Section I, Appendix III enclosed herewith, health quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
4.E-permits
a) Port authorities shall issue e-permits for transit through NSW port.
b) One hour at the latest since the declarant completes declaration and dispatch of e-applications as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue e-permits for transit through NSW portal. In case of refusal, notifications shall be made along with reasons for refusal.
Article 8. E-procedures for boats, ships’ entry into offshore oil ports
1.Documents to be declared in the electronic form through NSW portal:
a) Components of documents as prescribed in Section I, Appendix IV enclosed herewith;
b)Time limits for submission of documents:
-Time limits for provision of information about ship’s security notification: 24 hours at the latest before expected arrival of ships at ports; notice of arrival: 8 hours at the latest since expected arrival of ships at pilot boarding area or two hours before expected arrival of ships at pilot boarding area in case ships are moving among seaports or marine areas within 20 nautical miles; notice of arrival: two hours at the latest before expected arrival of ships at pilot boarding area;
-Time limits for provision of information about cargo manifest, house bill of lading: 12 hours at the latest before expected arrival of ships at ports with regard to shipments taking less than five days; 24 hours at the latest before expected arrival of ships at ports for other shipments;
-Time limits for provision of information about health declaration: Two hours at the latest before arrival of ships at pilot boarding area;
-Time limits for provision of information about crew list, passenger list, declaration of weapons and explosives, declaration of stowaway: 04 hours at the latest before expected arrival of ships at ports:
-Time limits for provision of other documents: 24 hours at the latest before returning to shores, the declarant shall be responsible for fulfilling procedures as prescribed.
2.Documents to be presented:
a) Documents as prescribed in Section II, Appendix IV enclosed herewith;
b) Seagoing ships and crew’s certificates:
Port authorities shall check declared information and look up data on Vietnamese seagoing ships and crews in the electronic database as prescribed in Clauses 1, 2, 3, 7, 8 and 10, Section II, Appendix IV enclosed herewith to fulfill e-procedures for ships’ entry. The declarant shall be required to present documents in case the database does not contain data of seagoing ships, crew.
If the electronic database does not contain data of seagoing ships, crew, port authorities shall make notification to the declarant for showing documents according to the time limits as prescribed in the fifth em dash, Point b, Clause 1 of this Article.
Database of foreign ships, crews: The declarant shall provide data of seagoing ships, crew for the first time on NSW portal. Port authorities shall fulfill first procedures for checking declared data against presented originals to settle procedures for foreign ships entry or in case of changes. Database of foreign seagoing ships, crew’ entry shall be maintained on NSW portal as a source of data for the preparation of next procedures.
c) Time limits for presentation of documents without electronic database for checking: As stipulated in the fifth em dash, Point b, Clause 1 of this Article.
3.Responsibility of professional regulators for procedures
Professional regulators within their functions and duties shall be responsible for inspecting documents submitted in the electronic form or documents presented and procedures.
a) Time limits for fulfillment of procedures:
-For documents as prescribed in Point a, Clause 1 of this Article: Immediately after the declarant transfers e-documents to the system;
-For documents as prescribed in Point a, Clause 2 of this Article: One hour at the latest since all the documents are presented as prescribed in Point a, Clause 2 of this Article.
b) Responsibility for procedures
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6, 8 and 14, Section I and Clauses 7, 8 and 10, Section II, Appendix IV enclosed herewith. Particularly for documents as prescribed in Clauses 1, 2, 3, 4 and 14, Section I, Appendix IV enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Section I and Clause 4, Section II, Appendix IV enclosed herewith. Particularly for documents as prescribed in Clauses 7, 8, 9, 10 and 11, Section I, Appendix IV enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 5, 6, 8, 15 and 16, Section I and Clauses 9, 10 and 12, Section II, Appendix IV enclosed herewith. Particularly for documents as prescribed in Clauses 5, 6, 15 and 16, Section I, Appendix IV enclosed herewith, border guards shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Animal quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4 and 13, Section I and Clause 6, Section II, Appendix IV enclosed herewith. Particularly for documents as prescribed in Clause 13, Section I, Appendix I enclosed herewith, animal quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3, 4, 12, 17 and 18, Section I and Clauses 5, 11 AND 13, Section II, Appendix IV enclosed herewith. Particularly for documents as prescribed in Clause 12, 17 and 18, Section I, Appendix IV enclosed herewith, health quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
4.E-permits
a) Two hours at the latest since receipt of notice of arrival of ships at the pilot boarding area, port authorities shall issue dispatch instruction through NSW portal based on feedback from relevant agencies.In case of refusal, notifications shall be made along with reasons for refusal.
b) One hour at the latest since the declarant completes declaration and dispatch of e-applications as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue written confirmation of completion of procedures to the declarant through NSW portal.
Article 9. E-procedures for boats, ships’ exit from offshore oil ports
1.Documents to be declared in the electronic form through NSW portal:
a) Documents as prescribed in Section I, Appendix V enclosed herewith;
b)Time limits for submission of documents:
-Time limits for provision of information about ships’ departures: 02 hours at the latest before departures;
-Time limits for provision of other documents: 02 hours at the latest before departures;
2.Documents to be presented:
a) Documents as prescribed in Section II, Appendix V enclosed herewith;
b) Seagoing ships and crew’s certificates:
Port authorities shall check declared information and look up data of Vietnamese seagoing ships and crew in the electronic database of documents as prescribed in Clauses 1, 2, 5 and 8, Section II, Appendix V enclosed herewith to fulfill procedures for ships’ departures. The declarant shall be required to present documents in case the database does not contain data of seagoing ships, crew.
If the electronic database does not contain data of seagoing ships, crew, port authorities shall make notification to the declarant for showing documents according to the time limits as prescribed in the second em dash, Point b, Clause 1 of this Article.
Database of foreign ships, crews: Port authorities shall check declared data against presented originals (in case of changes versus the date of arrival) to settle procedures for foreign ships’ departures. Database of foreign seagoing ships, crew (if any change) shall be maintained on NSW portal as a source of data for the preparation of next procedures.
c) Time limits for presentation of documents: As stipulated in the second em dash, Point b, Clause 1 of this Article.
3.Responsibility of professional regulators for procedures
a) Time limits for fulfillment of procedures:
-For documents as prescribed in Point a, Clause 1 of this Article: Immediately after the declarant transfers e-documents to the system;
-For documents as prescribed in Point a, Clause 2 of this Article: One hour at the latest since all the documents are presented as prescribed in Point a, Clause 2 of this Article.
b) Responsibility for procedures
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4 and 13, Section I and Clauses 1, 2, 5 and 8, Section II, Appendix V enclosed herewith. Particularly for documents as prescribed in Clauses 1, 2, Section I, Appendix V enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Customs authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6, 7 and 13, Section I and Clause 4, Section II, Appendix V enclosed herewith. Particularly for documents as prescribed in Clauses 5, 6, 7 and 13, Section I, Appendix V enclosed herewith, customs authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 9, 10 and 13, Section I and Clauses 6, 8, Section II, Appendix V enclosed herewith. Particularly for documents as prescribed in Clauses 3, 4, 9 and 10, Section I, Appendix V enclosed herewith, border guards shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Animal quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, Section I and Clause 3, Section II, Appendix V enclosed herewith.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 8, 11 and 12, Section I and Clause 7, Section II, Appendix V enclosed herewith. Particularly for documents as prescribed in Clause 8, 11 and 12, Section I, Appendix V enclosed herewith, health quarantine agencies shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
4.E-permits
a) One hour at the latest since the declarant completes declaration and dispatch of e-applications as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue e-permits for departures through NSW portal.
b) If a ship stays at the port for more than 24 hours since its departure is accepted, procedures for departure shall be carried out again as instructed in this Article.
Article 10. E-procedures for inland waterway boats, ships’ entry into seaports, inland ports
1.Procedures for boats, ships that leave from a seaport or inland port where the procedures for entry have been fulfilled for another port or inland port in Vietnam.
a) Documents to be declared in the electronic form through NSW portal shall be instructed in Section I, Appendix VI enclosed herewith.
b)Time limits for declaration
-Time limits for provision of information about ships’ departures: 8 hours at the latest before expected arrival of ships at pilot boarding area or two hours in case ships are moving among seaports, inland ports or marine areas within 20 nautical miles; notice of arrival: Two hours at the latest before expected arrival of ships at pilot boarding area;
-Time limits for provision of information about cargo manifest, house bill of lading: 12 hours at the latest before expected arrival of ships at ports with regard to shipments taking less than five days; 24 hours at the latest before expected arrival of ships at ports for other shipments;
-Time limits for provision of other documents: Two hours at the latest since the ship is anchored at ports or four hours since the ship is anchored in other positions in the port waters;
a) Documents to be presented as prescribed in Section II, Appendix VI enclosed herewith;
b) Seagoing ships and crew’s certificates:
Port authorities shall check declared information and look up data of Vietnamese seagoing ships and crew in the electronic database of documents as prescribed in Clauses 1, 2, 3 and 5, Section II, Appendix V enclosed herewith to fulfill procedures for ships’ departures.
The declarant shall be required to present documents in case the database does not contain data of seagoing ships, crew.
If the electronic database does not contain data of seagoing ships, crew, port authorities shall make notification to the declarant for showing documents according to the time limits as prescribed in the third em dash, Point b, this Clause.
Database of foreign ships, crews: Port authorities shall check declared data against presented originals (in case of changes versus the date of arrival) to settle procedures for foreign ships’ entry. Database of foreign seagoing ships, crew (if any change) shall be maintained on NSW portal as a source of data for the preparation of next procedures.
dd) Time limits for presentation of documents without electronic database for checking: As stipulated in the third em dash, Point b of this Clause.
e) Time limits for fulfillment of procedures:
-For documents as prescribed in Point a of this Clause: Immediately after the declarant transfers e-documents to the system;
-For documents as prescribed in Point c of this Clause: One hour at the latest since all the documents are presented as prescribed in Point c of this Clause.
b) Responsibility for procedures
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 6, and 8, Section I and Clauses 1, 2, 3 and 5, Section II, Appendix VI enclosed herewith. Particularly for documents as prescribed in Clauses 1, 2, 3, and 6, Section I, Appendix VI enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 1, 2, 3, 4, 5, 7, 8, 9, 12 and 13, Section I and Clause 6, Section II, Appendix VI enclosed herewith. Particularly for documents as prescribed in Clauses 7, 8, 9, 12 and 13, Section I, Appendix VI enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, 4, 5, 8, 10 and 11, Section I and Clauses 4, 5, Section II, Appendix VI enclosed herewith. Particularly for documents as prescribed in Clauses 4, 5, 10 and 11, Section I, Appendix VI enclosed herewith, border guards shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, and 3, Section I, Appendix VI and Clause 7, Section II, Appendix VI enclosed herewith.
h) E-permits
Two hours at the latest since receipt of notice of arrival of ships at pilot boarding area, port authorities shall issue dispatch instruction through NSW portal.In case of refusal, notifications shall be made along with reasons for refusal.
One hour at the latest since the declarant completes declaration and dispatch of e-applications as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue written confirmation of completion of procedures to the declarant through NSW portal.
2.E-procedures for inland waterway boats, ships’ entry into seaports, inland ports shall be stipulated by the Minister of Transport.
Article 11. E-procedures for inland waterway boats, ships’ exit from seaports, inland ports
E-procedures for inland waterway boats, ships’ exit from seaports, inland ports shall be stipulated by the Minister of Transport.
Article 12. E-procedures for Vietnamese and Cambodian inland watercraft’s entry into Vietnamese seaports, inland ports
1.Documents to be declared in the electronic form through NSW portal
a) Documents as prescribed in Section I, Appendix VII enclosed herewith;
b)Time limits for submission of documents: Two hours at the latest before expected arrival of watercraft at checkpoints
2.Documents to be presented:
a) Documents as prescribed in Section II, Appendix VII enclosed herewith;
b) Watercraft and crew’s certificates
Port authorities shall check declared information, look up data of Vietnamese watercraft and crew in the electronic database from competent agencies to perform procedures for the watercraft entry into seaports and inland ports. The declarant shall be required to present documents in case the database does not contain data of watercraft, crew.
For Cambodian inland watercraft and crew, the declarant shall provide data for the first time to NSW portal. Port authorities shall prepare the first procedures for checking declared data against originals to settle procedures for Cambodian watercraft’s entry into Vietnamese seaports and inland ports or in case of changes. Database of Cambodian watercraft and crew entering Vietnamese seaports and inland ports shall be maintained on NSW portal as a source of data for the preparation of next procedures.
c) Time limits for presentation of documents not available in database: Two hours at the latest before arrival of watercraft at ports and checkpoints
3.Responsibility of professional regulators for procedures
Professional regulators within their functions and duties shall be responsible for inspecting documents submitted in the electronic form or documents presented and procedures.
a) Time limits for fulfillment of procedures: 30 minutes at the latest since the declarant completes declaration and transfer of documents to the system and presents documents as prescribed.
b) Responsibility of agencies
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, and 3, Section I and Clauses 1, 5, 6, 7, 8 and 9, Section II, Appendix VII enclosed herewith. Particularly for documents as prescribed in Clause 1, Section I, Appendix VII enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Customs agencies shall be responsible for inspecting documents as prescribed in Clauses 2, 3 and 4, Section I and Clause 4, Section II, Appendix VII enclosed herewith; take the main responsibility and make final decisions on the documents as prescribed in Clause 4, Section I, Appendix VII enclosed herewith if professional regulators engage in and give different opinions.
-Border guards shall take the main responsibility for inspecting documents as prescribed in Clauses 2, 3, Section I and Clause 10, Section II, Appendix VII enclosed herewith and make final decisions if professional regulators engage in and give different opinions.
-Animal quarantine agencies shall be responsible for inspecting documents as prescribed in Clause 6, Section I and Clause 3, Section II, Appendix VII enclosed herewith; take the main responsibility and make final decisions on the documents as prescribed in Clause 6, Section I, Appendix VII enclosed herewith if professional regulators engage in and give different opinions.
-Plant quarantine agencies shall be responsible for inspecting documents as prescribed in Clause 5, Section I and Clause 2, Section II, Appendix VII enclosed herewith; take the main responsibility and make final decisions on the documents as prescribed in Clause 5, Section I, Appendix VII enclosed herewith if professional regulators engage in and give different opinions.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clause 11, Section II, Appendix VII enclosed herewith.
4.E-permits
30 minutes at the latest since the declarant completes e-declaration and presentation of documents as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue e-permits for departures through NSW portal. In case of refusal, notifications shall be made along with reasons for refusal.
Article 13. E-procedures for Vietnamese and Cambodian inland watercraft’s exit from Vietnamese seaports, inland ports
1.Documents to be declared in the electronic form through NSW portal
a) Documents as prescribed in Section I, Appendix VIII enclosed herewith;
b) Time limits for submission of documents: 02 hours at the latest before departures.
2.Documents to be presented:
a) Documents (originals) as prescribed in Section II, Appendix VIII enclosed herewith;
b) Watercraft and crew’s certificates
Port authorities shall check declared information, look up data of Vietnamese watercraft and crew in the electronic database from competent agencies to settle procedures for the watercraft exit from seaports and inland ports. The declarant shall be required to present documents in case the database does not contain data of watercraft, crew.
For Cambodian inland watercraft, the declarant shall provide data for the first time on NSW portal. Port authorities shall prepare the first procedures for checking declared data against originals to settle procedures for Cambodian watercraft’s exit from Vietnamese seaports and inland ports or in case of changes. Database of Cambodian watercraft and crew shall be maintained on NSW portal as a source of data for the preparation of next procedures.
c) Time limits for presentation of documents not available in database: Two hours at the latest before watercraft’s exit from ports and checkpoints Particularly for passenger craft, documents can be presented on departure.
3.Responsibility of professional regulators for procedures
Professional regulators within their functions and duties shall be responsible for inspecting documents submitted in the electronic form or documents presented and procedures.
a) Time limits for fulfillment of procedures: 30 minutes at the latest since the declarant completes declaration and transfer of documents to the system and presents documents as prescribed.
b) Responsibility of agencies
-Port authorities shall be responsible for inspecting documents as prescribed in Clauses 1, 2, and 3, Section I, Appendix VIII and Clauses 4, 5, 6, Section II, Appendix VIII enclosed herewith. Particularly for documents as prescribed in Clause 1, Section I, Appendix VIII enclosed herewith, port authorities shall take the main responsibility and make final decisions if professional regulators engage in and give different opinions.
-Customs agencies shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3 and 4, Section I and Clause 1, Section II, Appendix VIII enclosed herewith; take the main responsibility and make final decisions on the documents as prescribed in Clause 4, Section I, Appendix VIII enclosed herewith if professional regulators engage in and give different opinions.
-Border guards shall be responsible for inspecting documents as prescribed in Clauses 1, 2, 3, Section I and Clause 7, Section II, Appendix VIII enclosed herewith; take the main responsibility and make final decisions on the documents as prescribed in Clauses 2, 3, Section I, Appendix VIII enclosed herewith if professional regulators engage in and give different opinions.
-Animal quarantine agencies shall be responsible for inspecting documents as prescribed in Clause 1, Section I and Clause 2, Section II, Appendix VIII enclosed herewith.
-Plant quarantine agencies shall be responsible for inspecting documents as prescribed in Clause 1, Section I and Clause 3, Section II, Appendix VIII enclosed herewith.
-Health quarantine agencies shall be responsible for inspecting documents as prescribed in Clause 8, Section II, Appendix VIII enclosed herewith.
4.E-permits
a) 30 minutes at the latest since the declarant completes e-declaration and presentation of documents as prescribed, based on feedback from relevant agencies, port authorities shall check information about ships and crew to issue e-permits for departures through NSW portal. In case of refusal, notifications shall be made along with reasons for refusal.
b) If a watercraft stays at the port for more than 24 hours since its departure is accepted, procedures for departure shall be carried out again as instructed in this Article.
c) If functional agencies do not allow a watercraft, which has been permitted to leave the port, to pass the checkpoint, such functional agencies shall give notifications to the watercraft owner and port authorities which issue the certificate for clearance.
Article 14. Place for receipt and settlement of documents
1.The place for receipt and settlement of documents is NSW portal. The declarant shall be responsible for sending electronic data to NSW portal as prescribed herein for professional regulators to carry out procedures for boats, ships entry and exit from ports.
2.The place for receipt and settlement of documents as paper documents shall be headquarter or representative office of port authorities or headquarter of professional regulators at the port.
3.The Ministry of Finance shall preside over and cooperate with relevant ministries in unifying instructions on making electronic all paper documents as prescribed in Articles 5, 6, 7, 8, 9, 10, 12 and 13 herein.
Article 15. E-payments of fees, charges
1.Professional regulators shall collect fees, charges for settlement of procedures through national single-window system.
2.Manners of exchanging information:
a) Customs e-payment gateway shall be directly connected to the centralized systems of the General Department of Customs, State Treasuries and banks.
b) NSW portal shall be directly connected to ministries, sectors’ systems.
Article 16. Use of digital signatures
1.The declarant shall use his/her digital signatures for declaration on NSW portal.
2.Digital signatures used for declaration on NSW portal shall be signatures corresponding to digital certificates granted by authentication service providers recognized according to the Government’s Decree No. 170/2013/ND-CP dated November 13, 2013 on amendments to a number of articles of the Government s Decree No. 26/2007/ND-CP dated February 15, 2007 detailing the implementation of the Law on Electronic transaction applicable to digital signatures and authentication of digital signatures, the Government’s Decree No. 106/2011/ND-CP dated November 23, 2011 on amendments to a number of articles of the Decree No. 26/2007/ND-CP.
3.The declarant shall register his/her digital signatures for declaration on NSW portal at http://www.customs.gov.vn.
Article 17. Coordination in receipt, exchange and settlement of e-applications
1.Professional regulators shall settle e-applications within their management. If the declarant fails to carry out declaration, relevant professional regulators shall not settle applications and port authorities shall make decisions without confirmations from such professional regulators.
2.Upon finding that the information declared is not accurate or adequate, professional regulators shall provide instructions to the declaration for amendments, supplements.
3.Applications shall be rejected if one of professional regulators refuses to receive them and other professional regulators do not engage in the settlement of applications.In case one agency refuses to receive applications while others have engaged in the process of handling applications, the refusing agency should notify the other agencies of next implementation plans in order not to cause bottleneck for the preparation of procedures by the declarant.
4.In case on agency rejects applications but keeps addressing such applications in reliance on paper documents, the refusing agency should note the reasons for refusal on the system and give feedback to relevant agencies through NSW portal.The remaining professional regulators may decide to handle applications through the system or switch to paper applications.
In case one agency rejects applications and refuses to handle such applications in reliance on paper applications as well, the refusing agency should give notifications to relevant agencies for coordination.
Diều 18.Coordination in receipt and settlement of difficulties faced by declarant
1.Manners of coordination:
a) Through support switchboards from the units. Support switchboards from the units.
b) Through support electronic mailboxes from the units
c) Through reports, documents
Information concerning switchboards and electronic mailboxes shall be published on websites of relevant ministries, sectors.
2.Content of coordination:
a) Coordination in the receipt and settlement of applications should ensure responses are quick and fully compliant with professional process.
b) Coordination in dealing with difficulties faced by the declarant and professional regulators.
c) Coordination in handling problems to communication systems, leased lines
3.Organization of support divisions
a) The Ministry of Finance (the General Department of Customs) shall establish an online support division as a central contact for difficulties faced by the declarant and customs officials during the deployment of the national single-window system.
b) The ministries shall establish their support divisions to cooperate withthe General Department of Customs’ online support divisions in handling difficulties faced by the declarant and officials from relevant ministries, sectors.
c) The ministries and the General Department of Customs shall establish support divisions in professional regulators at ports for coordination in the handling of difficulties faced by the declarant operating in the administrative division within management by the unit.
4.Sequential order of handling difficulties
a) Support divisions shall receive reflections from the declarant.
b) For difficulties that lie within authority of the unit and can be addressed directly, the support division may take the initiative in providing instructions to the declarant.
c) For difficulties that lie within management by the unit but can not addressed directly, a report should be made to support divisions of higher level for instructions to the declarant.
d) For difficulties that lie within management by other agencies or within multi-sectoral authority, a report should be made simultaneously to support divisions of the same level from relevant professional regulators, support divisions of higher levels and online support divisions of the General Department of Customs for coordination. With handling plans in hand, support divisions shall provide instructions to the declarant and make notification to relevant support divisions.
dd) Difficulties and handling plans should be reported to online support divisions of the General Department of Customs for compiling database as foundations for supporting the declarant in the future.
e) Online support divisions of the General Department of Customs shall serve as a central contact for difficulties faced by the declarant in connection with NSW portal, intersectoral issues, issues outside handling scope of other support divisions. Upon receipt of difficulties, online support divisions of the General Department of Customs shall provide direct instructions to the declarant. Online support divisions ofthe General Department of Customs may forward difficulties to support divisions from ministries, sectors for further advice before providing instructions to the declarant and updating the database for later use.
Article 19. Monitoring settlement of information on NSW portal and professional information systems belonging to ministries
1.Relevant units shall organize monitoring and supervision of the settlement of information performed by officials from professional regulators on NSW portal and professional information systems belonging to ministries.
2.Make internal reports on arising matters and weekly, monthly, quarterly and yearly reports as prescribed.
3.During the implementation, to increase efficiency of national single-window system, the ministries shall unify the employment of following measures:
a) Online support divisions of the General Department of Customs shall retrieve data and make weekly report to implementation divisions from the ministries for speeding up the settlement of applications on the system and seeking coordination in the handling of difficulties faced by the declarant.
b) The parties shall frequently share and update information about implementation and handling of arising matters through email, documents.
Article 20. Operation of National single-window system
1.The General Department of Customs shall be responsible for ensuring 24/7 operation of NSW portal; the General Department of Customs’ professional information system connected to NSW portal; network systems connecting the ministries’ professional information systems with NSW portal.
2.Professional regulators at ports shall be responsible to ensure 24/7 operation of professional information systems connected to NSW portal.
3.The General Department of Customs and professional regulators at ports shall arrange staff on duty round the clock to ensure the process of handling information as prescribed, as well as smooth and safe operation of the system.
Article 21. Daily records of transactions
Transactions through NSW portal and professional information systems belonging to professional regulators at ports shall be automatically recorded in the form of daily record files. Daily record files shall be exported on a daily basis to information storage devices (tapes, floppy disks, hard disks, CD-ROM, USB...) and protected as prescribed. In case of need (investigation, settlement of disputes…), the units shall be responsible for showing daily record files to competent functional agencies. Recording of transactions shall be stipulated as follows:
1.NSW portal: Make daily records of transactions made by the declarant, officials from ministries, sectors, professional information systems belonging to professional regulators at ports and relevant units through NSW portal.
2.Professional information systems belonging to professional regulators at ports: Keep daily records of steps of handling performed by officials on the system; daily records of receipt of information and responses through NSW portal;
Article 22. Management of users
1.Management of NSW portal users:
a)The General Department of Customs shall be responsible for managing users as declarants through NSW portal; establish and empower officials to perform functions on NSW portal at the request of professional regulators at ports.
b) Professional regulators at ports shall be responsible for providing the lists of officials with respective authorities from their units to take part in the handling of information on NSW portal and make notifications to the General Department of Customs of any official who is no longer competent on NSW portal.
2.Management of users of professional information systems belonging to professional regulators at ports:
Professional regulators at ports shall be responsible for managing users of their professional information systems.
Article 23. Backup systems
The Ministry of Finance (the General Department of Customs) shall be responsible for maintaining a backup system for NSW portal and the General Department of Customs’ professional information system connected to NSW portal.
The Ministry of Transport, Ministry of Health, Ministry of National Defense, Ministry of Agriculture and Rural Development shall be responsible for maintaining a backup system to their professional information systems connected to NSW portal.
Information shall be transferred from the main system to backup system within 24 hours on a regular basis. Changes to information shall be stored at the main system on a three-hour basis.
1.Cases of switching into backup system with regard to NSW portal
a) If NSW portal breaks down and is unable to operate in a normal manner, leaders of the General Department of Customs in charge of information technology shall review and make decision on switching into backup NSW portal.
b) Any processed data and information at the backup system shall bear the same legal value as those on NSW portal.
c) Switching back into main NSW portal after the problem is remedied shall be carried out the next working day.
d) The General Department of Customs shall make notifications to all professional regulators at ports of such switching within one hour before switching into the backup system.
d) Upon receipt of switching into the backup system, professional regulators and relevant member units shall be responsible for cooperating with the General Department of Customs in deploying backup plans and maintaining normal operation of their own professional information systems until the main NSW portal is restored to normal.
2.Cases of switching into backup systems with regard to professional information systems belonging to professional regulators at ports:
a) If any professional information system belonging to a professional regulator breaks down and is unable to operate in a normal manner, its leaders shall be responsible for making decision on switching into backup systems. A report on the problem shall be made to the General Department of Customs and other professional regulators at ports within one hour before switching into the backup system.
b) Any processed date and information on the backup system shall bear the same legal value as those on the main system.
3.Switching back into the main system after the problem is remedied:
a) Switching back into the main system after the problem is remedied shall be carried out the next working day. Transferring information from the backup system back into the main system shall be carried out at the end of working day.
b) Professional regulators at ports shall carry out the data checking process after the problem is remedied.
4.System information and problem resolving process:
Professional regulators at ports shall unify information content, the process of switching into backup systems and data checking process after the problem is remedied in specific cases.
Chapter III
IMPLEMENTATION
Article 24. Responsibility of declarant
1.Carry out declaration and perform administrative procedures through NSW portal;
2.Carry out declaration and submit information, documents according to laws;
3.Pay fees, charges and other expenses according to laws;
4.Take responsibility for accuracy and authenticity of declared information, presented documents; consistency between electronic documents and paper documents;
5.Keep information and documents related to procedures made with professional regulators through NSW portal as prescribed;
6.If the declarant is unable to make declaration through NSW portal due to technical problems or force majeure events, the declarant may prepare procedures through paper documents or professional information systems according to instructions of professional regulators at ports.
Article 25. Responsibility of ministries, sectors
1.The Ministry of Finance shall preside over and cooperate with the Ministry of Transport, Ministry of National Defense, Ministry of Health, Ministry of Agriculture and Rural Development shall be responsible to:
a) Make annual reports to the Prime Minister on the progress and development of National single-window system;
b) Provide technical and professional supports to related subjects.
c) Construct legal foundations and ensure infrastructure for the implementation of payment, monitoring of fees, charges for fulfillment of procedures through NSW portal.
d) Provide instructions on the handling of difficulties arising from the implementation of national single-window system.
2.Responsibility of the Ministry of Finance shall preside over and cooperate with the Ministry of Transport, Ministry of National Defense, Ministry of Health, Ministry of Agriculture and Rural Development:
a) Develop and complete professional information systems, ensure infrastructure for implementation of payment, monitoring of fees and charges for the fulfillment of procedures through NSW portal.
b) Make annual reports to the Prime Minister on the progress and performance within functions and duties assigned.
c) Cooperate with other units in providing instructions on and carrying out the handling of difficulties arising from the implementation of national single-window system.
3.Responsibility of the General Department of Customs:
a) Directly manage and operate NSW portal;
b) Establish a division to receive and deal with difficulties faced by the declarant and the system users;
c) Preside over, provide instructions and manage the procedures of registration and declaration carried out by the declarant through NSW portal;
d) Manage officials from the General Department of Customs and ministries, sectors who engage in the handling process through NSW portal;
dd) Maintain the network system connecting NSW portal with professional information systems belonging to ministries, sectors;
Article 26. Effect
This Decision takes effect on November 15, 2016.
Article 27. Implementation
Ministers, heads of ministerial-level agencies, heads of Governmental agencies, presidents of the People’s Committees of central-affiliated provinces, cities shall implement this Decision./.
The Prime Minister
Nguyen Xuan Phuc
Vietnamese
Decision 34/2016/QĐ-TTg DOC (Word)
Decision 34/2016/QĐ-TTg PDF (Original)
