Decision No. 43/2017/QD-TTg dated September 26, 2017 of the Prime Minister on prescribing the responsibility to carry out procedures for aircraft on exit and entry and in transit through the National Single Window mechanism

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Decision No. 43/2017/QD-TTg dated September 26, 2017 of the Prime Minister on prescribing the responsibility to carry out procedures for aircraft on exit and entry and in transit through the National Single Window mechanism
Issuing body: Prime MinisterEffective date:
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Official number:43/2017/QD-TTgSigner:Nguyen Xuan Phuc
Type:DecisionExpiry date:
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Issuing date:26/09/2017Effect status:
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Fields:Transport , Immigration

SUMMARY

Procedures for aircraft on exit and entry and in transit through the National Single Window mechanism

 

On September 26, 2017, the Decision No. 43/2017/QD-TTg issued by the Prime Minister on prescribing the responsibility to carry out procedures for aircraft on exit and entry and in transit through the National Single Window mechanism.

This Decision points out clearly that the responsibilities to carry out and order for carrying out procedures for aircraft on exit and entry and in transit at international airports through the National Single Window mechanism (https://www.vnsw.gov.vn). Person carrying out procedures is the flight captain or a lawful representative of the carrier (airline or airline agent), or a related organization or person who makes declaration and carries out procedures for an aircraft on exit or entry or in transit.

Persons carrying out procedures must declare and submit information and documents in accordance with law; take responsibility before law for the accuracy and truthfulness of declared information and submitted and produced documents, and for the consistency between information contents of paper documents and electronic documents; to archive dossiers and documents related to the procedures carried out at the state management agencies through the Vietnam National Single Window portal under regulations and if unable to declare and carry out electronic procedures through the Vietnam National Single Window portal due to technical breakdowns or force majeure circumstances, to carry out the procedures with paper documents under regulations or declare and carry out procedures through the professional information systems under the guidance of the state management agencies at airports.

This Decision takes effect on November 15, 2017.
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Effect status: Known

THE PRIME MINISTER
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 43/2017/QD-TTg
 
Hanoi, September 26, 2017
 
DECISION
Prescribing the responsibility to carry out procedures for aircraft on exit and entry and in transit through the National Single Window mechanism[1]
 
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 23, 2014 Customs Law;
Pursuant to the June 29, 2006 Law on Civil Aviation of Vietnam and the November 21, 2014 Law Amending and Supplementing a Number of Articles of the Law on Civil Aviation of Vietnam;
Pursuant to the June 16, 2014 Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam;
Pursuant to the November 29, 2005 Law on E-Transactions;
Pursuant to the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and prescribing measures to implement, the Customs Law regarding customs procedures, inspection, supervision and control;
Pursuant to the Government’s Decree No. 27/2011/ND-CP of April 9, 2011, prescribing the provision, exploitation, processing and use of information on passengers before their entry into Vietnam by air;
Pursuant to the Government’s Decree No. 102/2015/ND-CP of October 20, 2015, on management and operation of airports and airfields;
Pursuant to the Government’s Decree No. 103/2010/ND-CP of October 1, 2010, detailing a number of articles of the Law on Prevention and Control of Contagious Diseases regarding border health quarantine;
Pursuant to the Government’s Decree No. 136/2007/ND-CP of August 17, 2007, on exit and entry of Vietnamese citizens;
Pursuant to the Government’s Decree No. 94/2015/ND-CP of October 16, 2015, amending and supplementing a number of articles of the Government’s Decree No. 136/2007/ND-CP of August 17, 2007, on exit and entry of Vietnamese citizens;
To implement the Agreement and Protocol to build and implement the ASEAN Single Window mechanism;
At the proposal of the Minister of Finance;
The Prime Minister promulgates the Decision prescribing the responsibility to carry out procedures for aircraft on exit and entry and in transit through the National Single Window mechanism.
 
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decision prescribes the responsibilities to carry out and order for carrying out procedures for aircraft on exit and entry and in transit at international airports through the National Single Window mechanism.
2. This Decision does not apply to foreign special flights carrying guests of the Party or State to visit and work in Vietnam; Vietnamese special flights; foreign or Vietnamese flights escorting or preparing in advance for the above special flights; military flights and special-use flights of Vietnamese army, public security, and customs forces, flights used for official-duty purposes of the Vietnamese State, and rescue and salvage flights.
Article 2. Subjects of application
1. Agencies, organizations and individuals involved in carrying out procedures for aircraft on exit and entry or in transit at international airports through the National Single Window mechanism.
2. State management agencies based at airports.
Article 3. Interpretation of terms
In this Decision, the terms below are construed as follows:
1. Aviation National Single Window mechanism (below referred to as National Single Window mechanism) means the enabling of the sending of electronic information and documents for carrying out procedures required by state management agencies related to aircraft on exit or entry or in transit through the Vietnam National Single Window portal. State management agencies shall issue decisions through this portal. 
2. Vietnam National Single Window portal serving the implementation of the Aviation National Single Window mechanism (below referred to as Vietnam National Single Window portal) is a centralized, integrated information system serving the e-declaration for carrying out procedures for aircraft on exit and entry and in transit and the completion of procedures required by state management agencies at the airports. The Vietnam National Single Window portal can be accessed at https://www.vnsw.gov.vn.
3. State management agencies at the airports include the border-gate customs office, airport authority, border-gate public security agency, animal quarantine agency, plant quarantine agency and border health quarantine organization.
4. Professional information system of a state management agency (below referred to as professional information system) has the function of connecting to the Vietnam National Single Window portal and sub-systems that process information and dossiers declared by persons carrying out procedures through the National Single Window mechanism.
5. Procedures for aircraft on exit and entry and in transit on the Vietnam National Single Window portal constitute the process of handling e-transactions from the time a person carrying out procedures declares information in e-dossiers through the National Single Window mechanism to the time he/she receives decisions on clearance of procedures for the aircraft to exit, enter or transit from the related state management agencies through this portal.
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