Decision No. 48/2011/QD-TTg dated August 31, 2011 of the Prime Minister on pilot application of the national customs single-window mechanism

THE PRIME MINISTER

Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national customs single-window mechanism

THE PRIME MINISTER

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

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

Pursuant to the Vietnam Maritime Code of June 14, 2005; the June 14, 2005 Law on Export Duty and Import Duty; the June 14, 2005 Commercial Law; the November 29, 2006 Law on Tax Administration and the November 29, 2005 Law on E-Transactions;

Pursuant to the Agreement and Protocol to establish and implement the ASEAN single-window mechanism;

At the proposal of the Minister of Finance,

DECIDES:

Article 1. To pilot the national customs single-window mechanism with the following principal contents:

1. The national customs single-window mechanism is an integrated system which enables:

a/ Parties involved in export and import activities to submit or send standardized information and documents to a single receiving point;

b/ State agencies to process data and information and make decisions on the basis of a system of consistent and synchronous processes and procedures; issue decisions and send them to an agreed system of information provision and exchange between state agencies; and

c/ Customs offices to make final decisions on customs clearance and release of goods on export or import or in transit or vehicles on entry or exit or in transit based on decisions of concerned state agencies sent in a timely manner by the system under regulations on public service provision.

2. Scope of application:

The national customs single-window mechanism applies on a trial basis to goods on export or import or in transit and vehicles on entry or exit or in transit (below referred to as exported and imported goods and vehicles) under the Customs Law.

3. Agencies and units applying the mechanism on a trial basis:

a/ Agencies and units under the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Transport, the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment and local state agencies functioning or tasked to license or settle under law administrative procedures (below referred to as administrative procedures) relating to customs clearance of exported and imported goods and vehicles;

b/ Enterprises with exported and imported goods and vehicles having applied e-customs procedures and met the conditions for pilot application of the national customs single-window mechanism;

c/ Provincial-level Customs Departments having applied e-customs procedures.

4. Pilot application of the national customs single-window mechanism covers:

a/ Selection and announcement of a list of administrative procedures subject to pilot application of the national customs single-window mechanism;

b/ Declaration and receipt of declarations related to administrative procedures via electronic devices;

c/ Provision of feedback and notification of results to agencies and units electronically carrying out administrative procedures in combination with return of paper dossiers (for procedures in which e-dossiers have not been accepted yet);

d/ Exchange of information on agencies and units electronically carrying out administrative procedures as well as results of their e-decision-making;

e/ E-payment of taxes, charges and fees through commercial banks based on agreements on exchange and processing of information on collection, remittance and payment of taxes, charges and fees between related state agencies and commercial banks;

f/ E-documents exchanged among state agencies in carrying out administrative procedures through the national customs single-window system have the same legal validity as paper documents;

g/ Preparation of required conditions for exchange of information on certificate of origin (C/O) under ATIGA (ASEAN Trade in Goods Agreement) within ASEAN and recognition of e-C/O among ASEAN member states in the future;

h/ Ready exchange of basic information of the customs declaration forms with customs offices of ASEAN member states in a uniform format.

5. Time and roadmap for pilot application:

a/ From October 2011 to December 2012: Elaboration of legal documents, processes and procedures; preparation of information technology infrastructure conditions and formation of the national customs single-window information technology system;

b/ From January to December 2013: Pilot application at agencies and units under the Ministry of Industry and Trade, the Ministry of Finance (the General Department of Customs), the Ministry of Transport and some local state agencies in the finance, industry and trade, and transport sectors;

c/ From January to December 2014: Pilot application expanded to agencies under the Ministry of Health, the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment and some local state agencies in the health, agriculture and rural development, and natural resources and environment sectors.

December 2014: Review of the pilot application and proposal for official application of the national customs single-window mechanism in the subsequent period.

Article 2. Responsibilities of ministries and agencies

1. Responsibilities of the Ministry of Finance:

a/ To assume the prime responsibility for, and coordinate with related ministries and agencies in, implementing this Decision; elaborating and promulgating guiding documents and related mechanisms and policies to meet requirements of the pilot application, and mechanisms for coordination, information exchange and decision-making within the national customs single-window mechanism; selecting enterprises for the pilot application; summarizing reports on the pilot application; and reviewing and proposing official application of the national customs single-window mechanism;

b/ To select lists of administrative procedures and provide conditions for pilot application of the national customs single-window mechanism under its state management;

c/ To direct the General Department of Customs in developing, managing and operating the national customs single-window web portal and the information technology system for pilot application;

d/ Annually (or when necessary), to report on the progress and results of the pilot application to the National Steering Committee and the Prime Minister.

2. Responsibilities of the Ministry of Industry and Trade, the Ministry of Transport, the Ministry of Health, the Ministry of Agriculture and Rural Development and the Ministry of Natural Resources and Environment:

a/ To appoint units to participate in the pilot application; to select and announce lists of administrative procedures and provide conditions for pilot application of the national customs single-window mechanism under their management;

b/ To coordinate with the Ministry of Finance in elaborating and promulgating guiding documents and organizing the pilot application; to work out mechanisms for coordination, information exchange and decision-making within the national customs single-window mechanism;

c/ To assume the prime responsibility for developing, managing and operating the information technology system for the pilot application within the scope of their management;

d/ To report to the National Steering Committee and the Prime Minister on the progress and results of the pilot application annually or upon request.

3. Responsibilities of the Ministry of Information and Communications: To coordinate with the Ministry of Finance and related ministries and agencies in building national customs single-window information technology infrastructure and assuring information security and safety for the system when operating.

4. Responsibilities of the State Bank of Vietnam: To coordinate with the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Transport and related agencies in working out mechanisms and policies concerning e-payment of charges, fees, taxes and other payable amounts related to the export, import and transit of goods and vehicles within administrative procedures carried out under the national customs single-window mechanism.

5. Responsibilities of the Vietnam Chamber of Commerce and Industry:

To coordinate with the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Transport and related agencies in:

a/ Disseminating, raising awareness about, and training in, requirements and benefits of, and conditions and regulations when applying, the national customs single-window mechanism;

b/ Organizing seminars, conducting surveys and collecting opinions of the business community in the formulation and application of the national customs single-window mechanism.

Article 3. Responsibilities of enterprises applying the national customs single-window mechanism on a trial basis

1. To make declaration and carry out administrative procedures via the e-data processing system of the national customs single-window web portal.

2. To make declaration and submit documents, and provide information relating to exported and imported goods and vehicles and to pay taxes, charges, fees and other payable amounts under law.

3. To take responsibility before law for the accuracy and truthfulness of declared information and submitted and produced documents; and for the consistency between information of paper documents and that of e-documents created by enterprises.

4. To keep dossiers, books and documents relating to customs clearance of exported and imported goods and vehicles under law.

Article 4. Funds for implementation and investment mechanisms

1.  On principle, fund raising and investment mechanisms for application of the national customs single-window mechanism will make the fullest use of and harmoniously combine various resources, including ODA funds, non-refundable aid, state budget funds and other funds, including funds raised from the private sector in the form of public-private partnership.

The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and agencies in, studying and proposing appropriate investment mechanisms for developing, managing, operating and maintaining the national customs single-window web portal linked with e-information systems of related ministries and agencies; and study and work out a mechanism for collection of charges and use of revenues for a number of public services via the e-national customs single-window system and propose it to the Prime Minister for decision.

2. Regular funds for the study and promulgation of guiding documents and application of the national customs single-window mechanism shall be allocated and balanced in annual state budget estimates of ministries and agencies under the State Budget Law.

Article 5. Effect

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

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

Prime Minister
NGUYEN TAN DUNG