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

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.

6. E-dossier means electronic information reflecting the contents of the forms and documents to be submitted under regulations by the person carrying out procedures; notifications and confirmations relating to the operations performed through the Vietnam National Single Window portal between the state management agencies at the airports and such person; and notifications among these state management agencies.

7. 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 at the state management agencies at the airport through the Vietnam National Single Window portal. In case an airline or airline agent lacks detailed information on a house airway bill, the issuer of such airway bill shall create detailed information about such airway bill and send it to the Vietnam National Single Window portal.

8. User means a person who accesses, processes information and uses the functions on the Vietnam National Single Window portal.

Chapter II

SPECIFIC PROVISIONS

Article 4.Responsibility to carry out procedures for aircraft on exit

1. A person carrying out procedures shall declare electronically the following information and documents through the Vietnam National Single Window portal:

a/ The declaration for goods exported by airway and master airway bill, for aircraft on exit with exports;

b/ A passenger list, for aircraft on exit with passengers;

c/ A crew list;

d/ A manifesto of checked luggage of passengers, for aircraft on exit transporting checked luggage of passengers. This information may be declared independently or included in the passenger list or crew list and passenger name records (PNR);

dd/ Flight information (route, flight number; airline name, border gate, number of passengers, number of crew and time of departure);

e/ PNR information.

The information items to be declared electronically in the above documents through the Vietnam National Single Window portal are specified in the Appendix to this Decision.

2. Documents to be submitted or produced:

A person carrying out procedures shall submit the following original paper documents to the state management agencies at the airport:

a/ The general aviation declaration (including health declaration) to be submitted to the border health quarantine organization;

b/ Medical declarations on dead persons’ bodies, human remains and ashes (if any) to be submitted to the border health quarantine organization;

c/ Medical declarations on medical microbiological samples, bio-products, tissues and organs of human body (if any) to be submitted to the border health quarantine organization.

A person carrying out procedures shall produce the following original paper documents to the state management agencies at the airport:

d/ Passports or papers valid for international travel and visas of passengers; passports or papers valid for international travel and visas of crewmembers to be produced to the border-gate public security agency;

dd/ International vaccination cards of crewmembers and passengers (if they depart from or travel through a region affected by a contagious epidemic, or are suspected to be infected with a contagious disease or contagious disease pathogens) to be produced to the border health quarantine organization.

3. Time limits for provision of information and documents:

a/ Time of provision of information on the documents specified at Points a, b, c and d, Clause 1 of this Article: right upon the airline’s completion of procedures for exports and passengers on exit;

b/ Time of provision of information on the documents specified at Point dd, Clause 1 of this Article: right upon carrying out procedures for passengers on exit and exports;

c/ Time of provision of information on the documents specified at Point e, Clause 1 of this Article: at least 24 hours before the time of departure of the aircraft. Any change in PNR information shall be updated at least 8 hours before the time of departure of the aircraft;

d/ Time of submission of documents specified at Points a, b and c, Clause 2 of this Article: right before the expected time the aircraft leaves the airport. Time of production of documents specified at Points d and dd, Clause 2 of this Article: upon carrying out procedures at the state management agency.

4. Responsibilities of state management agencies at airports:

The state management agencies shall base themselves on their functions and tasks prescribed by law to receive, and give responses on the receipt of, information/documents provided electronically; to receive paper documents submitted; to check paper documents produced; to certify the completion of procedures for the aircraft on exit. The receipt and response on the receipt of information and documents and certification of completion of procedures shall be carried out automatically through the Vietnam National Single Window portal for the persons carrying out procedures and related parties.

a/ Time limits for carrying out procedures

- For the documents specified in Clause 1 of this Article: within 1 hour after the person carrying out procedures declares sufficient, valid information and send electronic information and documents to the system;

- For the documents specified in Clause 2 of this Article: right when the person carrying out procedures submits or produces sufficient, valid papers as required.

b/ Responsibility to carry out procedures

- The port authority shall receive, and give responses on the receipt of, the documents specified at Point dd, Clause 1 of this Article;

- The border-gate public security agency shall receive, and give responses on the receipt of, the documents specified at Points dd and e, Clause 1, and check the documents specified at Point d, Clause 2, of this Article;

- The border health quarantine organization shall check the documents specified at Points a, b, c and dd, Clause 2 of this Article;

- The customs office shall receive, and give responses on the receipt of, the documents specified at Points a, b, c, d, dd and e, Clause 1 of this Article, and certify the completion of customs procedures for aircraft on exit.

5. Declaration of modified and supplemented information in the set of declaration documents through the Vietnam National Single Window portal

a/ The person carrying out procedures may request modification or supplementation of information in documents declared through the Vietnam National Single Window portal before or after the departure of the aircraft;

b/ The specialized state management agency shall receive the modified or supplemented information declared to carry out electronic procedures for aircraft on exit.

Article 5.Responsibility to carry out procedures for aircraft on entry

1. A person carrying out procedures shall declare electronically the following information and documents through the Vietnam National Single Window portal:

a/ The declaration for goods imported by airway and master airway bill, for aircraft on entry with imports;

b/ Information about the house airway bill, for aircraft on entry with imports;

c/ A passenger list, for aircraft on entry carrying passengers;

d/ A crew list;

dd/ A manifesto of checked luggage of passengers, for aircraft on entry transporting checked luggage of passengers. This information may be declared independently or included in the passenger list or crew list and passenger name records (PNR);

e/ Flight information (route, flight number; airline name, border gate, number of passengers, number of crew and time of arrival);

g/ PNR information.

The information items to be declared electronically in the above documents through the Vietnam National Single Window portal are specified in the Appendix to this Decision.

2. Documents to be submitted or produced:

A person carrying out procedures shall submit the following original paper documents to the state management agencies at the airport:

a/ The general aviation declaration (including health declaration) to be submitted to the border health quarantine organization;

b/ The plant quarantine declaration (for goods subject to plant quarantine) to be submitted to the plant quarantine agency;

c/ The animal quarantine declaration (for goods subject to animal quarantine) to be submitted to the animal quarantine agency;

d/ Medical declarations on dead persons’ bodies, human remains and ashes (if any) to be submitted to the border health quarantine organization;

dd/ Medical declarations on medical microbiological samples, bio-products, tissues and organs of human body (if any) to be submitted to the border health quarantine organization.

A person carrying out procedures shall produce the following original paper documents to the state management agencies at the airport:

e/ Passports or papers valid for international travel and visas of passengers; passports or papers valid for international travel and visas of crewmembers to be produced to the border-gate public security agency;

g/ International vaccination cards of crewmembers and passengers (if they depart from or travel through a region affected by a contagious epidemic, or are suspected to be infected with a contagious disease or contagious disease pathogens, and such disease is subject to vaccination under the Ministry of Health’s regulations) to be produced to the border health quarantine organization;

h/ The health declaration (in case the Ministry of Health announces to apply the health declaration measure to people on entry) to be submitted to the border health quarantine organization.

3. Time limits for provision of information and documents:

a/ Time of provision of information on the documents specified at Points a, b, c, d and dd, Clause 1 of this Article: for flights of more than 3 hours, at least 3 hours before the aircraft arrives at the first airport of Vietnam; for flights of under 3 hours, at least 30 minutes before the aircraft arrives at the first airport of Vietnam;

b/ Time of provision of information on the documents specified at Point e, Clause 1 of this Article: right upon carrying out procedures for passengers and crewmembers to board on the aircraft to fly to an international airport of Vietnam;

c/ Time of provision of information on the documents specified at Point g, Clause 1 of this Article: at least 24 hours before the time of arrival of the aircraft. Any change in PNR information shall be updated at least 8 hours before the time of arrival of the aircraft;

d/ Time of submission of documents specified at Points a, b, c, d and dd, Clause 2 of this Article: at least 2 hours before the time the aircraft arrives at the airport. Time of production of the documents specified at Points e, g and h, Clause 2 of this Article: upon carrying out procedures at the state management agency.

4. Responsibilities of state management agencies at airports:

The state management agencies shall base themselves on their functions and tasks prescribed by law to receive, and give responses on the receipt of, information/documents provided electronically; to receive paper documents submitted; to check paper documents produced; to certify the completion of procedures for the aircraft on entry. The receipt and response on the receipt of information and documents and certification of completion of procedures shall be carried out automatically through the Vietnam National Single  Window portal for persons carrying out procedures and related parties.

a/ Time limits for carrying out procedures:

- For the documents specified in Clause 1 of this Article: within 1 hour after the person carrying out procedures declares sufficient, valid information and sends electronic information and documents to the system;

- For the documents specified in Clause 2 of this Article: right when the person carrying out procedures submits or produces sufficient, valid papers as required.

b/ Responsibility to carry out procedures:

- The port authority shall receive, and give responses on the receipt of, the documents specified at Point e, Clause 1 of this Article;

- The border-gate public security agency shall receive, and give responses on the receipt of, the documents specified at Points e and g, Clause 1 of this Article, and check the documents specified at Point e, Clause 2 of this Article;

- The border health quarantine organization shall check the documents specified at Points a, d, dd, g and h, Clause 2 of this Article;

- The plant quarantine agency shall receive the documents specified at Point b, Clause 2 of this Article;

- The animal quarantine agency shall receive the documents specified at Point c, Clause 2 of this Article;

- The customs office shall receive, and give responses on the receipt of, the documents specified at Points a, b, c, d, dd, e and g, Clause 1 of this Article, and certify the completion of customs procedures for aircraft on entry.

5. Declaration of modified and supplemented information in the set of declaration documents through the Vietnam National Single Window portal

a/ The person carrying out procedures may request modification or supplementation of information in documents declared through the Vietnam National Single Window portal before or after the arrival of the aircraft.

b/ The state management agency shall receive the modified or supplemented information declared to carry out electronic procedures for aircraft on entry.

Article 6.Responsibility to carry out procedures for aircraft in transit

In case aircraft in transit stopping or parking at an airport has imports unloaded, exports loaded and passengers embarking or disembarking the aircraft:

1. When the aircraft arrives, the procedures prescribed in Article 5 of this Decision shall be carried out.

2. When the aircraft leaves and has any changes in the documents compared to the time of arrival, the procedures prescribed in Article 4 of this Decision shall be carried out.

Article 7.Responsibilities of airport enterprises

1. At least 24 hours (or 1 hour for irregular flights) before the aircraft arrives and before the carrier completes airway procedures for passengers on exit and exports, airport enterprises shall provide the customs sub-department of the international airport with the following information:

a/ Nationality of the aircraft;

b/ Type of the aircraft;

c/ Flight itinerary;

d/ Date and time of scheduled arrival and date and time of scheduled departure of the aircraft;

dd/ Parking position of the aircraft;

e/ Entrance gate of passengers;

g/ Time of loading or unloading goods onto or from the aircraft.

2. Airport enterprises shall notify the customs office of any changes in the information specified in Clause 1 of this Article at least 1 hour before the departure or arrival of the aircraft.

Article 8.Places for receipt and processing of information and documents

1. The place for receipt and processing of electronic information and documents is the Vietnam National Single Window portal. Persons carrying out procedures shall send electronic data to the Vietnam National Single Window portal in accordance with this Decision for the state management agencies to carry out procedures for aircraft on exit or entry or in transit.

2. The place for receipt and processing of paper documents is the offices of the state management agencies at airports.

Article 9.Management of users

1. Management of users of the Vietnam National Single Window portal

a/ The General Department of Customs shall manage users of the Vietnam National Single Window portal; create and assign its civil servants to perform the functions on the Vietnam National Single Window portal at the proposal of the state management agencies at airports;

b/ The state management agencies at the airports shall provide the list and powers of civil servants of their units participating in processing information on the Vietnam National Single Window portal; and promptly notify civil servants who no longer have authority on the Vietnam National Single Window portal to the General Department of Customs.

2. Management of users of the professional information systems of the state management agencies at airports:

The state management agencies at airports shall manage users of their professional information systems.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 10.Responsibilities of persons carrying out procedures

1. To declare and carry out administrative procedures through the Vietnam National Single Window portal.

2. To declare and submit information and documents in accordance with law.

3. To pay taxes, charges and fees and other amounts in accordance with law.

4. To 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.

5. 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.

6. If unable to declare and carry out electronic procedures through the Vietnam National Single Window portal due to technical breakdowns orforce majeurecircumstances, 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.

Article 11.Responsibilities of ministries

1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the other ministries in:

a/ Organizing the implementation of this Decision; and annually reporting on the progress and results of implementation of the National Single Window mechanism to the Prime Minister;

b/ Building legal grounds and ensuring infrastructure for payment and monitoring of charges and fees for carrying out procedures electronically through the Vietnam National Single Window portal.

2. Depending on their assigned functions and tasks, the Ministry of Public Security, Ministry of Transport, Ministry of Agriculture and Rural Development and Ministry of Health shall:

a/ Develop and complete the specialized information processing systems, ensure their ministries’ infrastructure for carrying out procedures and payment and monitoring of charges and fees for carrying out procedures electronically through the Vietnam National Single Window portal;

b/ Take the initiative in organizing the implementation of this Decision; and annually report on the progress and results of implementation of this Decision by their respective ministries to the Prime Minister;

c/ Ensure the uninterrupted operation 24 hours a day and 7 days a week of their professional information systems connected and processing information with the Vietnam National Single Window portal; and coordinate with the General Department of Customs in dealing with any incidents and problems that arise;

d/ Coordinate, unify and guide the digitalization of paper documents to be submitted and produced as prescribed in Articles 4, 5 and 6 of this Decision.

3. The General Department of Customs shall:

a/ Provide technical and professional assistance for related parties;

b/ Form a unit to receive, guide the settlement of and settle problems and incidents arising during the implementation of the National Single Window mechanism;

c/ Ensure the uninterrupted operation 24 hours a day and 7 days a week of the Vietnam National Single Window portal; its information systems connected and processing information with the Vietnam National Single Window portal; and system connecting the Vietnam National Single Window portal and the professional information systems of the ministries;

d/ Assume the prime responsibility for instructing and managing persons carrying out registration and declaration procedures on the Vietnam National Single Window portal; and manage users who are civil servants of the ministries and sectors participating in processing information and documents on the Vietnam National Single Window portal.

4. Responsibilities of the ministries and agencies in coordinating the receipt and processing of dossiers, settlement of problems and operation of the systems:

a/ In case an agency refuses a dossier or still processes a paper dossier out of the system, it shall immediately notify such to and coordinate with all related parties in reaching agreement on the processing method;

b/ To receive and settle problems of persons carrying out procedures through reporting, written form and help email addresses of the units or the help telephone lines of such units;

c/ To keep logbooks in the form of data files of the processing of transactions through the Vietnam National Single Window portal and the professional information systems of the state management agencies at airports.

Article 12.Effect

This Decision takes effect on November 15, 2017.

Article 13.Implementation responsibility

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

Prime Minister
NGUYEN XUAN PHUC