Decree No. 85/2019/ND-CP specialized inspection of imports and exports

DECREE

Prescribing the performance of administrative procedures under the national single-window mechanism and ASEAN Single-Window mechanism and specialized inspection of imports and exports^[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 Information Technology;

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

Pursuant to the June 29, 2006 Law on Vietnam Civil Aviation and the November 21, 2014 Law Amending and Supplementing a Number of Articles of the Law on Vietnam Civil Aviation;

Pursuant to the November 25, 2015 Maritime Code of Vietnam;

Pursuant to the June 15, 2004 Law on Inland Waterway Navigation and the June 17, 2014 Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation;

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the November 21, 2007 Law on Prevention and Control of Infectious Diseases;

Pursuant to the June 17, 2010 Law on Food Safety;

Pursuant to the June 17, 2010 Law on Energy Conservation and Efficiency;

Pursuant to the November 17, 2010 Mineral Law;

Pursuant to the November 25, 2013 Law on Plant Protection and Quarantine;

Pursuant to the March 12, 2004 Law on Forest Protection and Development;

Pursuant to the December 21, 2007 Chemical Law;

Pursuant to the December 20, 2012 Publication Law;

Pursuant to the June 24, 2014 Law on Environmental Protection;

Pursuant to the June 19, 2015 Law on Animal Health;

Pursuant to the April 6, 2016 Pharmacy Law;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the November 21, 2017 Law on Fisheries;

Pursuant to the June 20, 2017 Law on Management and Use of Weapons, Explosive Materials and Supporting Tools;

In furtherance of the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization and the Agreement to Establish and Implement the ASEAN Single-Window mechanism;

At the proposal of the Minister of Finance,

The Government promulgates the Decree prescribing the performance of administrative procedures under the national single-window mechanism and ASEAN Single-Window mechanism and specialized inspection of imports and exports.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the performance of administrative procedures for imports, exports and goods in transit, and vehicles on exit and entry and in transit under the national single-window mechanism and ASEAN Single-Window mechanism; the specialized inspection of imports, exports and goods in transit; and management and operation of, and data exchange and sharing via, the Vietnam National Single Window portal.

Article 2.Subjects of application

1. Agencies, organizations and individuals that carry out administrative procedures for imports, exports and goods in transit, and vehicles on exit and entry and in transit.

2. Agencies, organizations and individuals involved in the import, export and transit of goods, and exit, entry and transit of persons and vehicles.

3. Organizations providing data transmission services, organizations providing digital signatures and certificates, and organizations providing software.

Article 3.Interpretation of terms

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

1. Performance of administrative procedures under the national single-window mechanism means that a declarant sends e-information and e-documents for carrying out customs procedures and other administrative procedures related to imports, exports and goods in transit, and vehicles on exit and entry and in transit on the Vietnam National Single Window portal. Agencies settling administrative procedures shall decide to permit the import, export and transit of goods and the exit, entry and transit of vehicles on the Vietnam National Single Window portal; customs offices shall decide on customs clearance and notify administrative procedure processing results to the Vietnam National Single Window portal.

2. Vietnam National Single Window portal means an integrated information system for performance of customs procedures and other administrative procedures related to imports, exports and goods in transit, and persons and vehicles on exit and entry and in transit.

3. Specialized processing system means an information system of a line ministry having the function to process dossiers of declarants, which is connected to and exchanges information via the Vietnam National Single Window portal for performance of administrative procedures under the national single-window mechanism.

4. Agency settling administrative procedures (below referred to as processing agency) means an agency competent to carry out administrative procedures under law for the import, export and transit of goods and the exit, entry and transit of persons and vehicles.

5. Administrative dossier includes information and documents declared, submitted or produced by a declarant under the relevant specialized law for each administrative procedure under the national single-window mechanism.

6. E-document means information created, sent, received and stored by electronic means for performance of administrative procedures via the Vietnam National Single Window portal. E-documents constitute a form of data messages, including information and documents declared or submitted by declarants, administrative procedure processing results of processing agencies, and notices sent by processing agencies to declarants via the Vietnam National Single Window portal.

7. Declarant means an organization or individual that carries out administrative procedures via the Vietnam National Single Window portal.

8. System user means an entity licensed to access the Vietnam National Single Window portal.

9. ASEAN Single-Window mechanism means an environment facilitating the inter-connection of national single-window mechanisms of ASEAN member countries.

10. Specialized inspection means that a specialized inspection agency, based on the law on standards and technical regulations, considers, evaluates and identifies whether certain goods satisfy the import, export or transit requirements under relevant laws.

Specialized inspection of imports and exports in the field of culture must comply with the regulations applicable in this field.

11. Risk management in specialized inspection means the application of measures and operations processes to identify, evaluate and classify risk levels as a basis for making decision on inspection, inspection method and inspection extent, and for allocating resources to conduct effective specialized inspection.

12. Specialized inspection agency means a state agency that is assigned by a line ministry to conduct specialized inspection of imports, exports and goods in transit in the fields assigned to it under the Decree defining the functions, tasks, powers and organizational structure of such ministry.

Article 4.Functions of the Vietnam National Single Window portal

1. To receive e-documents, declared information and relevant information, and authenticate digital signatures of declarants and processing agencies.

2. To transfer e-documents, declared information and relevant information of declarants to specialized processing systems and, at the same time, store information from declarants on the Vietnam National Single Window portal for the purposes of search and compilation of statistics.

3. To receive administrative procedure processing results and notices from specialized processing systems.

4. To give feedback on administrative procedure processing results to declarants and relevant specialized processing systems.

5. To maintain the status of e-transactions and e-documents made on the Vietnam National Single Window portal for the periods prescribed in the law on e-transactions and specialized laws’ provisions on archive of dossiers of.

6. To provide information on settlement of administrative procedures, and provide data statistics at the request of processing agencies and declarants according to the functions and competence of processing agencies and rights and obligations of declarants.

7. To post the provisions of specialized laws on management policies, administrative procedures and administrative procedure performers in accordance with this Decree.

8. To be connected to information systems of the countries and territories under signed international agreements and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 5.Principles for operating the Vietnam National Single Window portal

The operation of the Vietnam National Single Window portal must meet the following requirements:

1. Complying with the regulations on protection of state secrets, trade secrets and business secrets, and other relevant regulations.

2. Ensuring the accuracy, transparency, objectivity, completeness and timeliness of administrative procedures performed via the Vietnam National Single Window portal.

3. Creating favorable conditions for individuals and organizations to carry out administrative procedures via the Vietnam National Single Window portal.

Article 6.E-transactions on the Vietnam National Single Window portal

E-transactions on the Vietnam National Single Window portal (below referred to as e-transactions) include:

1. Declaring, receiving, and giving feedback on, information about the processing of dossiers for performance of single-window administrative procedures on the Vietnam National Single Window portal.

2. Receiving and transmitting declared information from the Vietnam National Single Window portal to specialized processing systems.

3. Receiving administrative procedure processing results sent from specialized processing systems to the Vietnam National Single Window portal.

4. Exchanging information among specialized processing systems via the Vietnam National Single Window portal.

5. Exchanging information between the Vietnam National Single Window portal and information systems of the countries and territories under signed international agreements and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 7.Management of the Vietnam National Single Window portal

1. The unit managing the Vietnam National Single Window portal is the General Department of Customs under the Ministry of Finance.

2. The unit managing the Vietnam National Single Window portal shall:

a/ Manage technical matters of, operate, maintain and upgrade hardware systems, network systems and security and safety systems serving the operation of the Vietnam National Single Window portal; establish and maintain network infrastructure connecting the Vietnam National Single Window portal to specialized processing systems;

b/ Manage, operate, maintain and upgrade the Vietnam National Single Window portal to meet the requirements of the stakeholders;

c/ Manage and grant accounts to users of the Vietnam National Single Window portal;

d/ Maintain the operation of the Vietnam National Single Window portal 24 hours a day and 7 days a week;

dd/ Notify processing agencies of plans on, and expected time for, dealing with incidents occurring on the Vietnam National Single Window portal;

e/ Provide technical counseling and assistance for specialized processing systems and declarants upon request; provide declarants with instructions on the use of registered accounts for accessing the Vietnam National Single Window portal in case of arising problems;

g/ Store information and data and ensure their security under Article 9 of this Decree;

h/ To participate in negotiations for and implement international agreements and treaties related to information exchange between the Vietnam National Single Window portal and information systems of other countries and territories.

Article 8.Competence for and level of access to the Vietnam National Single Window portal

1. Declarants carrying out administrative procedures via the Vietnam National Single Window portal may access this portal for declaring information and receiving feedback on the processing of dossiers for performance of administrative procedures, receiving administrative documents and other processing results for administrative procedures, and searching information disclosed on the Vietnam National Single Window portal.

2. Customs offices and processing agencies that have administrative procedures processed on the Vietnam National Single Window portal may access this portal for receiving information, processing administrative procedures, and giving feedback on administrative procedure processing results in accordance with specialized laws.

Article 9.Storage and security assurance of information and data

1. The unit managing the Vietnam National Single Window portal shall store, backup, and ensure security of, information and data of transactions performed on the Vietnam National Single Window portal; apply necessary operations and technical measures to keep information and data confidential on the Vietnam National Single Window portal, ensuring accurate, prompt and effective sharing of information and data for agencies, organizations, units and individuals.

2. Processing agencies shall store, and ensure security of, information and data at specialized processing systems which have been sent to the Vietnam National Single Window portal.

3. Declarants shall store, and ensure security of, information and data they have provided to the Vietnam National Single Window portal in accordance with specialized laws.

4. Organizations providing data transmission services shall ensure the noninterruptedness, integrity and security of the transmitted information and data.

5. The unit managing the Vietnam National Single Window portal and line ministries shall ensure that the Vietnam National Single Window portal and specialized processing systems satisfy the conditions specified in the Government’s Decree No. 85/2016/ND-CP of July 1, 2016, on assurance of level-based security of information systems, and regulations on information security and safety.

Article 10.Responsibilities of line ministries in implementing the national single-window mechanism

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

a/ Publicizing the lists of administrative procedures and time for performance of administrative procedures via the Vietnam National Single Window portal;

b/ Reaching agreement on the model of information connection and exchange systems, requirements on connection methods, technical standards, and information criteria serving the implementation of the national single-window mechanism;

c/ Organizing the management and operation of, and store information and data and handle incidents occurring on, the Vietnam National Single Window portal;

d/ Disclosing information and forms of e-documents prescribed at Point dd, Clause 2 of this Article.

2. Related line ministries shall:

a/ Coordinate with the Ministry of Finance and related units in implementing the contents specified at Points a, b, c and d, Clause 1 of this Article;

b/ Review administrative procedures in the fields under their management for stipulating methods of performance of administrative procedures under the national single-window mechanism in accordance with this Decree and publicize administrative procedures in accordance with law;

c/ Manage e-transactions related to the processing of administrative procedures of their ministries and sectors;

d/ Organize the management and operation of, and store information and data and deal with incidents occurring in specialized processing systems of their ministries and sectors;

dd/ Prescribe information, and forms of e-documents under management by their ministries and sectors as required by specialized laws and international standards.

Chapter II

ADMINISTRATIVE PROCEDURES UNDER THE NATIONAL SINGLE-WINDOW MECHANISM

Article 11.Registration and revocation of accounts of system users on the Vietnam National Single Window portal

1. Registration of accounts for users being declarants:

a/ Account registration shall be made athttps://vnsw.gov.vn;

b/ For declarants that have been granted accounts for access to specialized processing systems by line ministries, they may opt to use one of the granted accounts and register information according to Form No. 01 provided in the Appendix to this Decree;

c/ For declarants having no accounts

Declarants shall register information according to Form No. 02 provided in the Appendix to this Decree.

The unit managing the Vietnam National Single Window portal shall check information of a declarant within 1 working day after receiving the information. If the declared information is incomplete or inaccurate, the unit managing the Vietnam National Single Window portal shall send by email its request for modifying or supplementing the information or its disapproval of the information, clearly stating the reason to the declarant. In case of approval, the unit managing the Vietnam National Single Window portal shall notify by email to the declarant thereof.

2. Registration of accounts for users being civil servants of agencies or units of line ministries:

a/ A line ministry shall summarize the list of to-be-granted user accounts on the Vietnam National Single Window portal, clearly stating full names, titles, workplaces, and powers of civil servants to use the functions under the ministry, and send a notice to the unit managing the Vietnam National Single Window portal;

b/ Within 3 working days after the line ministry provides the list of to-be-granted user accounts, the unit managing the Vietnam National Single Window portal shall, based on technical requirements on system security and safety, consider the number of accounts requested to be granted, grant user accounts for the line ministry, and notify in writing usernames and default passwords to such line ministry. In case the number of new accounts is smaller than the number requested by the line ministry, the unit managing the Vietnam National Single Window portal shall clearly state the reason in a notice sent to the line ministry.

3. Registration of accounts for users being conformity assessment organizations:

Line ministries shall summarize information on to-be-granted accounts of conformity assessment organizations and send a notice to the unit managing the Vietnam National Single Window portal for grant of accounts under Clause 2 of this Article.

4. Closure of system user accounts:

a/ When wishing to have his/her/its account closed, a declarant or line ministry shall, at least 5 days before the expected time of account closure, send to the unit managing the Vietnam National Single Window portal a request for account closure, clearly stating information on the account, reason for the closure, and expected time of closure;

b/ In emergency cases which are likely to affect data security or safety, a system user or line ministry shall send by phone or email a notice to the unit managing the Vietnam National Single Window portal for immediately closing the account. Within 5 working hours after closing the account, the unit managing the Vietnam National Single Window portal shall send a notice in written form or by email or phone to the declarant or line ministry;

c/ If detecting risks threatening data security and safety, the unit managing the Vietnam National Single Window portal shall immediately close the account and send a notice to the declarant or line ministry right after completing the account closure.

5. Activation of closed accounts:

a/ To resume the closed account, a declarant or line ministry shall send a request to the unit managing the Vietnam National Single Window portal, clearly stating information about the account, reason for activating the account, and time of activation;

b/ The unit managing the Vietnam National Single Window portal shall activate the closed account at the time requested under Point a of this Clause. In case the time requested for activating the account is earlier or less than 1 day later than the time of receiving the request for activation, the account shall be activated within 1 working day after the receipt of the request.

6. Revocation of accounts:

The unit managing the Vietnam National Single Window portal shall revoke an account in the following cases:

a/ The declarant or conformity assessment organization makes a request for revocation of his/her/its account;

b/ The line ministry issues a notice on the dissolution, bankruptcy, termination or suspension of the operation of the declarant or conformity assessment organization;

c/ The line ministry issues a notice on the revocation of the account of the user being a cadre, civil servant or public employee or another entity that is granted by the ministry the right to access the Vietnam National Single Window portal;

d/ Other cases prescribed by law.

A requester for revocation of his/her/its account shall send a request to the unit managing the Vietnam National Single Window portal, clearly stating the information on the account, reason for the revocation, and expected time of revocation; in case of dissolution, bankruptcy, termination or suspension of the operation of the declarant or conformity assessment organization, the requester is required to clearly state the time of dissolution, bankruptcy, termination or suspension of the operation.

Within 3 working days after receiving the request for account revocation, the unit managing the Vietnam National Single Window portal shall revoke the account and send a notice on the implementation result to the requester.

7. Management of accounts:

a/ Responsibilities of system users

To ensure keep secure and confidential the information on their accounts granted for accessing the Vietnam National Single Window portal. To promptly notify the unit managing the Vietnam National Single Window portal of cases in which the loss or leakage of account information is likely to affect data security or safety.

b/ Responsibilities of line ministries

To manage the use of accounts on the Vietnam National Single Window portal by cadres, civil servants, public employees and conformity assessment organizations; to promptly notify the unit managing the Vietnam National Single Window portal of the modification or supplementation of user information and accounts for access to the Vietnam National Single Window portal, the dissolution, bankruptcy, termination or suspension of operation, and the revocation of decisions designating conformity assessment organizations.

Article 12. Use of digital signatures for performance of administrative procedures via the Vietnam National Single Window portal

In case specialized laws require the use of digital signatures, declarants shall use digital signatures to perform administrative procedures on the Vietnam National Single Window portal and comply with the following regulations:

1. The use and validity of digital signatures must comply with the law on digital signatures and digital signature authentication services.

2. Digital signatures used for performance of administrative procedures shall be authenticated by digital certificates of providers of public digital signature authentication services; foreign digital certificates shall be licensed for use in Vietnam.

3. In case a declarant has registered with specialized processing systems for using multiple digital signatures, he/she may opt to use one of these digital signatures.

4. Users shall register their digital signatures with the unit managing the Vietnam National Single Window portal before using them to perform administrative procedures via the Vietnam National Single Window portal. Information on digital signatures may be registered as soon as a declarant carries out procedures for grant of a system user account. In case the declarant has already had a system user account but has not yet registered digital signature information or wishes to register another digital signature, he/she shall access the Vietnam National Single Window portal with the registered account, fully providing the following contents:

a/ Name and tax identification number of the exporter or importer;

b/ Full name, people’s identity card or citizen identity card number, passport number or number of a document of equivalent validity, and title (if any) of the digital certificate holder;

c/ Serial number of the digital certificate;

d/ Validity period of the digital certificate.

5. In case the registered information is changed, the digital certificate is extended or the keypair is changed, a declarant shall re-register the information prescribed in Clause 3 of this Article with the unit managing the Vietnam National Single Window portal. Procedures for re-registration of the information prescribed in Clause 3 of this Article are similar to those for the initial registration.

Article 13. Performance of administrative procedures via the Vietnam National Single Window portal

1. Process for performance of administrative procedures via the Vietnam National Single Window portal: 

a/ Declarants and processing agencies shall send information on administrative procedures to the Vietnam National Single Window portal;

b/ The Vietnam National Single Window portal shall receive, issue dossier numbers and forward information to specialized processing systems;

c/ Processing agencies shall receive and process information, give feedback on the status of receiving and processing information and return information processing results to the Vietnam National Single Window portal;

d/ The Vietnam National Single Window portal shall give feedback on the status of receiving and processing information and return information processing results to declarants and relevant specialized processing systems.

2. Responsibilities of declarants:

a/ To declare and submit administrative dossiers and comply with procedure-processing requirements of processing agencies upon performing administrative procedures via the Vietnam National Single Window portal.

Declarants may use instruments provided by data transmission service providers to create information for performance of the responsibilities specified at this Point;

b/ To pay taxes, charges, fees and other amounts as prescribed by law;

c/ To take responsibility before law for the accuracy and truthfulness of the declared information and the submitted and produced documents, and for the consistency between paper documents and e- documents.

3. Responsibilities of processing agencies:

a/ To perform administrative procedures in accordance with relevant laws;

b/ To send permits or procedure processing results for exports, imports or goods in transit, and vehicles on exit and entry and in transit via the Vietnam National Single Window portal;

c/ Customs offices shall decide on the customs clearance for exports, imports or goods in transit on the basis of the permits and procedure-processing results sent by processing agencies to the customs electronic data processing system via the Vietnam National Single Window portal.

4. In case technical incidents or force majeure events disable the performance of administrative procedures via the Vietnam National Single Window portal, administrative procedures shall be carried out in accordance with Article 17 of this Decree.

Article 14. Administrative dossiers under the national single-window mechanism

1. Documents of administrative dossiers under the national single-window mechanism include e-documents and paper documents.

2. E-documents include declarations, registration applications, registration certifications or documents in other forms declared and notified via the Vietnam National Single Window portal for performance of administrative procedures.

E-documents include also those converted from paper documents.

3. E-documents submitted for performance of administrative procedures via the Vietnam National Single Window portal must satisfy the following conditions:

a/ Being made according to the criteria and formats prescribed by a line ministry;

b/ The sending, receipt, storage and validity of e-documents must comply with the law on e-transactions and relevant laws;

c/ Fully satisfying the requirements of specialized laws on administrative procedures;

d/ Bearing digital signatures of competent persons as prescribed by the specialized law on administrative procedures in case such a administrative procedure requires the use of digital signatures.

4. Paper documents shall be submitted to processing agencies in the following cases:

a/ When relevant specialized laws require the submission or production of paper documents;

b/ The Vietnam National Single Window portal or specialized processing systems encounter(s) incidents or contain(s) errors, thus making it/them unable to receive and exchange e-information.

The forms, contents and methods of submission and production of documents must comply with relevant specialized laws.

5. Declarants shall store e-documents and paper documents in accordance with law.

Article 15. Conversion of e-documents into paper documents and vice versa

1. The creation and conversion of paper documents into e-documents and vice versa must comply with the law on e-transactions, specialized laws, and Clauses 2 and 3 of this Article.

2. E-documents converted from paper documents may be declared or produced to processing agencies if satisfying the following conditions:

a/ Reflecting the whole contents of the paper documents;

b/ Bearing the declarants’ digital signatures registered for participation in the Vietnam National Single Window portal.

3. Paper documents converted from e-documents may be issued via the Vietnam National Single Window portal if satisfying the following conditions:

a/ Reflecting the whole contents of the e-documents;

b/ Having identification signs when being printed from the Vietnam National Single Window portal. These signs include information showing that the documents have been digitally signed by the licensing agency or the unit managing the Vietnam National Single Window portal, name, email, telephone number of the signing agency, and time of signing. Identification signs shall be announced by the unit managing the Vietnam National Single Window portal at https://vnsw.gov.vn;

c/ Bearing the signature, full name and lawful seal of the person who performs the conversion (the declarant).

Article 16. Receipt and handling of system users’ problems

1. System users shall report problems by making phone calls to switchboards, or sending emails or documents to supporting sections of line ministries.

Information on switchboards and emails shall be posted on the portals or websites of line ministries.

2. The supporting sections of line ministries to which problems are reported shall: 

a/ Receive and proactively handle problems in the fields falling within the ambit of functions of their ministries and sectors;

b/ Promptly forward the problems in the fields managed by other ministries or sectors or to be handled by more than one sector to related supporting sections.

3. The online supporting section of the unit managing the Vietnam National Single Window portal shall:

a/ Act as the focal point in receiving and assuming the prime responsibility for handling problems related to the Vietnam National Single Window portal, and performing inter-sectoral handling of problems falling beyond the competence of ministries and sectors;

b/ Develop question-and-answer databases to support users.

Article 17. Handling of incidents

In case an incident occurs on the Vietnam National Single Window portal or in aforce majeure event which disables the electronic exchange and provision of information, incidents shall be handled as follows:

1. The unit managing the Vietnam National Single Window portal shall immediately post incident information on the portal and notify the information prescribed at Point dd, Clause 2 of Article 7 to related processing agencies by sending official letters, making phone calls or sending emails to the notified addresses.

2. A processing agency shall notify the declarant in writing or by email to the latter’s registered address to complete the procedures being performed on the Vietnam National Single Window portal.

3. During the time of troubleshooting, administrative procedures shall be performed via:

a/ Paper dossiers; or,

b/ Specialized processing systems under the guidance of processing agencies, or under processing agencies’ guidance in accordance with specialized laws.

4. The unit managing the Vietnam National Single Window portal shall notify the list of administrative procedures performed not via the Vietnam National Single Window portal during the time the system encounters incidents.

5. Within 1 working day after the incident is completely handled, the processing agency shall check and compare data and transmit them to the Vietnam National Single Window portal. 

Chapter III

ADMINISTRATIVE PROCEDURES FOR EXPORTS, IMPORTS AND
GOODS IN TRANSIT

Section 1

ADMINISTRATIVE PROCEDURES FOR EXPORTS, IMPORTS AND GOODS IN TRANSIT VIA THE VIETNAM NATIONAL SINGLE WINDOW PORTAL

Article 18. Declaration of information, modification and supplementation of declared information and submission of documents in administrative dossiers

1. The declaration of information, and modification and supplementation of declared information may be made by:

a/ Creating declared information according to the criteria and formats established by line ministries in conformity with data standards guided by the unit managing the Vietnam National Single Window portal; and sending such information to the Vietnam National Single Window portal; or,

b/ Making declaration directly on the Vietnam National Single Window portal.

2. The modification and supplementation of declared information must comply with the relevant regulations on administrative procedures.

3. The submission of documents in administrative dossiers must comply with Article 14 of this Decree.

Article 19. Receipt and processing of administrative dossiers and notification of dossier processing results

1. The Vietnam National Single Window portal shall:

a/ Receive electronically declared information 24 hours a day and 7 days a week;

b/ Give feedback on electronically declared information to declarants and forward such information to specialized processing systems by automatic mode.

2. Processing agencies shall:

a/ Receive and process administrative dossiers;

b/ Notify the status of dossier receipt to declarants and agencies involved in the performance of administrative procedures via the Vietnam National Single Window portal in the form of accepting or refusing, or requesting the modification and supplementation of, administrative dossiers;

c/ Notify dossier processing results to declarants and related agencies via the Vietnam National Single Window portal.

The time limit for processing, and notifying the status of receiving, administrative dossiers, and notifying dossier processing results must comply with specialized laws.

Article 20. Information exchange between the Vietnam National Single Window portal and specialized processing systems

Automatic exchange of information between the Vietnam National Single Window portal and specialized processing systems shall be carried out as follows:

1. The Vietnam National Single Window portal

a/ To send information on declaration of administrative dossiers to specialized processing systems of processing agencies;

b/ To receive information on the status of receiving administrative dossiers and dossier processing results from specialized processing systems, and forward dossier processing results to other relevant specialized processing systems;

c/ To provide customs declarations and dossier processing results of customs offices to related processing agencies in case the processing agencies’ administrative procedures require the submission or provision of customs declarations and dossier processing results of customs offices which are related to procedures of processing agencies.

2. Specialized processing systems

a/ To receive information on declaration of administrative dossiers from the Vietnam National Single Window portal;

b/ To give feedback on successfully received information or notify errors to the Vietnam National Single Window portal;

c/ To notify a processing agency’s results of whether it accepts or refuses, or requests the modification and supplementation of, administrative dossiers, to the Vietnam National Single Window portal;

d/ To give feedback on administrative dossier processing results of processing agencies to the Vietnam National Single Window portal.

Section 2

SPECIALIZED INSPECTION OF EXPORTS, IMPORTS AND GOODS IN TRANSIT

Article 21. Principles for specialized inspection of exports, imports and goods in transit

1. To apply the principles of risk management and assessment of the observance of specialized laws by organizations and individuals to ensure state management efficiency and effect and facilitate export, import and transit activities.

2. Specialized inspection agencies shall carry out specialized inspection on the basis of relevant standards and technical regulations applicable to commodity items subject to inspection as announced by line ministries on the Vietnam National Single Window portal.

Depending on management requirements, line ministries may assign a conformity assessment organization that meets the law-prescribed conditions to perform a number of tasks in specialized inspection.

3. Exemption from or reduction of specialized inspection shall be granted for:

a/ Goods having undergone standard or technical regulation conformity certification, standard or technical regulation conformity declaration, or certification of application of advanced management systems in accordance with international standards or regional standards as prescribed by line ministries;

b/ Goods for which conformity assessment results have been recognized in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

4. Goods shall be included in the list of exports subject to specialized inspection before customs clearance, list of imports subject to specialized inspection before customs clearance, or list of imports subject to specialized inspection after customs clearance in accordance with specialized laws and must fully meet the following requirements:

a/ Bearing specific names with HS codes in conformity with specialized laws and the list of Vietnam’s Export and Import Classification Nomenclature;

b/ Being subject to application of relevant standards or technical regulations as a basis for inspection;

c/ Being subject to regulations on the order, procedures and time limit for inspection, specialized inspection agencies and designated conformity assessment organizations (if any).

5. Goods shall be included in the list of imports subject to specialized inspection before customs clearance, and must meet requirements for goods management in each period, which are likely to be highly unsafe, spread epidemics, harm human health and life, cause environmental pollution, adversely affect social morality, traditions and customs, or harm the economy and national security.

6. For goods on the list of imports subject to specialized inspection after customs clearance, related line ministries shall inspect them in accordance with law. Inspection results shall be considered to adjust the list of imports subject to specialized inspection before customs clearance and assess the compliance of organizations and individuals to decide on the form and extent of specialized inspection.

Article 22.Cases of exemption from specialized inspection before customs clearance

1. Cases of exemption from specialized inspection in accordance with law, and cases of exemption from specialized inspection in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Apart from the cases of exemption from inspection defined in Clause 1 of this Article, state inspection of food safety shall be exempted for:

a/ Imports sent by post or express mail services with customs value exempted from duty in accordance with the tax laws;

b/ Imports on the list of duty-free goods and within duty-free limits as prescribed by law to serve business and daily-life activities of foreign organizations entitled to diplomatic privileges and immunities;

c/ Luggage of people on entry within duty-free limits;

d/ On-spot imports and exports.

3. Apart from the cases of exemption from inspection defined in Clause 1 of this Article, quality-related state inspection shall be exempted for:

a/ Imports sent by post or express mail services with customs value exempted from duty in accordance with the tax laws;

b/ Goods temporarily imported for sale at duty-free shops;

c/ On-spot imports and exports.

4. Clauses 1, 2 and 3 of this Article shall not apply to cases in which line ministries give warnings about food safety, spreading of epidemics, harms to human health and life, environmental pollution, adverse impacts on social morality, traditions and customs, or harms to the economy or national security, or issue a notice on suspension from the exemption from specialized inspection before customs clearance.

Article 23.Customs clearance for exports subject to specialized inspection

1. For goods on the list of exports subject to specialized inspection before customs clearance, customs offices shall decide on customs clearance after customs declarants complete customs procedures in accordance with law and meet one of the following conditions:

a/ Receiving a notice of exemption from inspection from a specialized inspection agency, except goods exempted from inspection as prescribed in Article 22 of this Decree;

b/ Receiving a notice stating that inspection results meet the specialized inspection agency’s requirements;

c/ Receiving a notice stating that inspection results conform with relevant standards or technical regulations of designated conformity assessment organizations, which serves as a basis for customs clearance under specialized laws.

2. For goods outside the list of exports subject to specialized inspection before customs clearance but undergoing specialized inspection at the request of customs declarants or importing countries, customs declarants are not required to submit inspection results to customs offices when carrying out customs procedures.

Article 24.Customs clearance for imports subject to specialized inspection

1. For goods on the list of imports subject to specialized inspection before customs clearance, customs offices shall decide on customs clearance after customs declarants complete customs procedures in accordance with law and meet one of the following conditions:

a/ Receiving a notice of exemption from inspection from a specialized inspection agency, except goods exempt from inspection as prescribed in Article 22 of this Decree;

b/ Receiving a notice stating that inspection results meet the specialized inspection agency’s requirements;

c/ Receiving a notice stating that inspection results conform with relevant standards or technical regulations of designated conformity assessment organizations, which serves as a basis for customs clearance under specialized laws.

2. In case of carrying out administrative procedures for quality inspection via the Vietnam National Single Window portal, importers shall submit a registration form for quality-related state inspection to specialized inspection agencies via the portal, and are not required to submit a registration form for quality-related state inspection certified by specialized inspection agencies to customs offices in accordance with Point b, Clause 2a, and Point b, Clause 2b, Article 7 of Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality, which was amended and supplemented under Clause 3, Article 1 of Decree No. 74/2018/ND-CP May 15, 2018.

3. In case the actual quantity of imports is larger than the quantity stated in customs declarations but such goods are identical, of the same importer, origin and manufacturer, and are transported on the same vehicle and share the same bill of lading, except machinery, equipment and vehicles, customs declarants may use specialized inspection results of such declarations for customs clearance after having fulfilled tax obligations and complied with relevant decisions (if any) in accordance with law.

Article 25.Responsibilities of stakeholders in specialized inspection before customs clearance

Responsibilities of customs declarants, designated conformity assessment organizations, specialized inspection agencies must comply with specialized laws and the following provisions:

1. Responsibilities of customs declarants

a/ To put into sale goods on the list of imports subject to specialized inspection before customs clearance only after receiving a notice stating that specialized inspection results are satisfactory or that goods are exempted from specialized inspection, and customs offices decide on customs clearance;

b/ To comply with competent state agencies’ decisions, bear all related expenses and remediate consequences in accordance with law.

2. Responsibilities of specialized inspection agencies

a/ To receive and check declarants’ inspection registration dossiers;

b/ To inspect and assess goods in accordance with specialized laws; to notify specialized inspection results to customs declarants and customs offices;

c/ To handle according to their competence or report and propose to competent agencies measures to handle exports and imports unconformable with relevant standards or technical regulations;

d/ To ensure objectivity, accuracy, publicity, transparency and non-discrimination in specialized inspection; to keep confidential inspection results in accordance with law;

dd/ To take responsibility before the law for specialized inspection results;

e/ To provide information and coordinate with customs offices in monitoring and supervising goods owners in taking remedial measures for goods failing to meet prescribed conditions and unconformable with relevant standards under competent state agencies’ decisions;

g/ To propose competent state management agencies to formulate the list of imports subject to specialized inspection before customs clearance and list of exports subject to specialized inspection before customs clearance, simplify procedures and methods for receiving and processing dossiers, and publicize specialized inspection results on the Vietnam National Single Window portal.

3. Responsibilities of designated conformity assessment organizations

a/ To perform a number of tasks of specialized inspection within the designated scope; to take responsibility before law and specialized inspection agencies for assessment results;

b/ To provide specialized inspection agencies with assessment results within the prescribed time limit as a basis for making conclusions on whether the goods conform with relevant standards or technical regulations;

c/ To keep confidential information, data and conformity assessment results, unless competent state agencies request provision of such information, data and results;

d/ To store samples and dossiers in accordance with law;

dd/ To comply with examination and inspection of conformity assessment activities in accordance with law.

Article 26.Responsibilities of line ministries

1. Responsibilities of line ministries

a/ To conduct specialized inspection on the basis of risk management and assessment of the compliance with specialized laws by organizations and individuals in specialized inspection to ensure the efficiency and effect of state management work and facilitate export, import and transit activities;

b/ To issue the list of goods subject to specialized inspection as prescribed in Article 21 of this Decree and publicize them on the Vietnam National Single Window portal;

c/ To publicize on the Vietnam National Single Window portal the list of goods for which advanced management systems have been applied in accordance with international standards or regional standards under Clause 4, Article 27 of the Law on Product and Goods Quality; or advanced management systems in accordance with international standards or regional standards;

d/ To specify and publicize on the Vietnam National Single Window portal specialized inspection agencies; scope of designated tasks in specialized inspection activities, and criteria for designating conformity assessment organizations; order, time and method of carrying out specialized inspection procedures associated with responsibilities of specialized inspection agencies and designated conformity assessment organizations; conditions and criteria for exemption from inspection, examination of dossiers and examination of dossiers in combination with physical inspection; list of conformity assessment organizations recognized serving state management work in accordance with treaties; and list of designated conformity assessment organizations that issue notices of conformity assessment results prescribed at Point c, Clause 1, Article 23, and Point c, Clause 1, Article 24, of this Decree;

dd/ Pursuant to this Decree, to assume the prime responsibility for reviewing legal documents promulgated by themselves or submitted to competent authorities for promulgation; if detecting any provisions contrary to or inconsistent with this Decree, to promulgate or submit to competent authorities for promulgation legal documents to guide the implementation of this Decree.

2. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with line ministries in, determining HS codes for goods on the list of goods subject to specialized inspection under Article 21 of this Decree for the line ministries to promulgate and publicize them in accordance with law.

Article 27.Coordination in specialized inspection

1. The unit managing the Vietnam National Single Window portal shall assume the prime responsibility for, and coordinate with line ministries in, establishing methods and contents of sharing information and data on goods already cleared from customs formalities but subject to specialized inspection after customs clearance prescribed in Clause 6, Article 21 of this Decree.

2. When carrying out customs procedures, if detecting that imports subject to specialized inspection fail to conform with relevant standards or technical regulations, customs offices shall notify such to specialized inspection agencies for the latter to pay attention in the process of goods inspection and disallow the bringing of goods for preservation.

3. If being informed that to-be-imported goods fail to conform with relevant standards or technical regulations or that the imports of the same category with the commodity items subject to inspection during circulation fail to conform with relevant standards or technical regulations, line ministries and specialized inspection agencies shall apply appropriate inspection measures and, at the same time, notify such to customs offices for the latter to disallow the bringing of goods for preservation.

4. When inspecting and taking samples of goods brought for preservation, if detecting that the imports’ quantity or category is incompatible with that stated in the specialized inspection registration dossier or the goods are partly or wholly sold arbitrarily, specialized inspection agencies or designated conformity assessment organizations shall notify such to customs offices for coordinate handling.

5. Conformity assessment organizations defined at Point c, Clause 1, Article 23, and Point c, Clause 1, Article 24, of this Decree shall conduct conformity assessment and implement the reporting regime in accordance with specialized laws; and send conformity assessment results to customs declarants, specialized inspection agencies and customs offices via the Vietnam National Single Window portal.

Chapter IV

ADMINISTRATIVE PROCEDURES FOR VEHICLES ON EXIT AND ENTRY AND IN TRANSIT

Section 1

ADMINISTRATIVE PROCEDURES FOR AIRCRAFT ON EXIT AND ENTRY AND IN TRANSIT

Article 28.Exchange of information for performance of procedures for aircraft on exit and entry and in transit at international airports

1. The performance of procedures, exchange, sharing and use of information regarding aircraft on exit and entry and in transit; and the advanced provision of information on passengers and cargo at international airports shall be carried out via the Vietnam National Single Window portal.

2. The Ministries of Finance; Agriculture and Rural Development; Health; Public Security; and Transport shall establish their systems and connect them with the Vietnam National Single Window portal to receive and process information or directly access the Vietnam National Single Window portal to receive and process information.

Article 29.Procedures for declaration, provision and processing of information on aircraft on entry

1. Declarants shall submit an e-dossier to carry out procedures for aircraft on entry as prescribed in Clause 1, Article 61 of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures, inspection, supervision and control, which was amended and supplemented under Clause 32, Article 1 of Decree No. 59/2018/ND-CP of April 20, 2018.

The time limit for submitting an e-dossier and information criteria of to-be-declared documents prescribed in this Clause must comply with Clauses 1 and 5, Article 62 of Decree No. 08/2015/ND-CP, which was amended and supplemented under Clause 33, Article 1 of Decree No. 59/2018/ND-CP.

2. The submission and production of paper documents must comply with specialized laws if so required.

3. The Vietnam National Single Window portal shall automatically give feedback on the receipt of the documents prescribed in Clause 1 of this Article.

4. Processing agencies at airports shall receive, carry out, and certify the completion of, procedures for aircraft on entry via the Vietnam National Single Window portal for declarants and stakeholders within 1 hour after declarants submit or produce complete dossiers under regulations.

5. Airport authorities shall receive flight-related information via the Vietnam National Single Window portal to support the specialized management work.

6. Immigration control units shall receive information on flights, list of passengers, and list of crewmembers and attendants on board aircraft, and information on passenger name records (PNR) via the Vietnam National Single Window portal for processing in accordance with specialized laws.

7. Customs offices shall receive the documents prescribed in Clause 1 of this Article, and certify the completion of customs procedures for aircraft on entry via the Vietnam National Single Window portal.

8. Border health quarantine organizations, animal quarantine agencies and plant quarantine agencies shall receive flight-related information via the Vietnam National Single Window portal to support the specialized management work in the fields of health quarantine, animal quarantine and plant quarantine.

9. Declaration of modification and supplementation of information in documents via the Vietnam National Single Window portal:

a/ Declarants shall modify and supplement information in the documents to be declared via the Vietnam National Single Window portal;

b/ Processing agencies shall receive the modified and supplemented information to carry out e-procedures for aircraft on entry;

c/ The modification and supplementation of declarants’ information upon performance of procedures for aircraft must comply with Clause 6, Article 62 of Decree No. 08/2015/ND-CP, which was amended and supplemented under Clause 33, Article 1 of Decree No. 59/2018/ND-CP.

Article 30.Procedures for declaration, provision and processing of information for aircraft on exit

1. Declarants shall submit an e-dossier to carry out procedures for aircraft on exit as prescribed in Clause 2, Article 61 of Decree No. 08/2015/ND-CP, which was amended and supplemented under Clause 32, Article 1 of Decree No. 59/2018/ND-CP.

The time limit for submitting an e-dossier and information criteria of to-be-declared documents prescribed in this Clause must comply with Clauses 2 and 5, Article 62 of Decree No. 08/2015/ND-CP, which was amended and supplemented under Clause 33, Article 1 of Decree No. 59/2018/ND-CP.

2. The submission and production of paper documents must comply with specialized laws if so required.

3. The Vietnam National Single Window portal shall automatically give feedback on the receipt of the documents prescribed in Clause 1 of this Article.

4. Processing agencies at airports shall receive, carry out, and certify the completion of, procedures for aircraft on exit via the Vietnam National Single Window portal for declarants and stakeholders within 1 hour after declarants submit or produce complete dossiers under regulations.

5. Airport authorities shall receive flight-related information via the Vietnam National Single Window portal to support the specialized management work and give feedback on information on passengers on the no-fly list (if any).

6. Immigration control units shall receive information on flights, list of passengers, list of crewmembers and attendants on board aircraft, and information on passenger name records (PNR) via the Vietnam National Single Window portal for processing in accordance with specialized laws.

7. Customs offices shall receive the documents prescribed in Clause 1 of this Article, and certify the completion of customs procedures for aircraft on exit via the Vietnam National Single Window portal.

8. Border health quarantine organizations, animal quarantine agencies, and plant quarantine agencies shall receive flight-related information via the Vietnam National Single Window portal to support the specialized management work in the fields of health quarantine, animal quarantine and plant quarantine.

9. Modification and supplementation of information in to-be-declared documents via the Vietnam National Single Window portal:

a/ Declarants shall modify and supplement information in to-be-declared documents via the Vietnam National Single Window portal;

b/ Processing agencies shall receive the modified and supplemented information for performing e-procedures for aircraft on exit;

c/ The modification and supplementation of declarants’ information upon performance of procedures for aircraft on exit must comply with Clause 6, Article 62 of Decree No. 08/2015/ND-CP, which was amended and supplemented under Clause 33, Article 1 of Decree No. 59/2018/ND-CP.

Article 31.Declaration, provision and processing of information for performance of procedures for aircraft in transit

The declaration, provision and processing of information on aircraft on entry must comply with Article 29 of this Decree. Upon the exit of aircraft, if there is any change in information in the dossier against that submitted at the time of entry, the declaration, provision and processing of information must comply with Article 30 of this Decree.

Section 2

ADMINISTRATIVE PROCEDURES FOR VESSELS ON ENTRY OR EXIT OR IN TRANSIT, ENTERING AND DEPARTING FROM SEAPORTS, INLAND WATERWAY PORTS OR OFFSHORE OIL PORTS, AND OPERATING IN VIETNAM’S MARITIME ZONES

Article 32.Information exchange for performance of procedures for vessels on entry or exit or in transit, entering and departing from seaports, inland waterway ports or offshore oil ports, and operating in Vietnam’s maritime zones

The exchange of information and performance of procedures for vessels on entry or exit or in transit, entering and departing from seaports, inland waterway ports or offshore oil ports, and operating in Vietnam’s maritime zones shall be carried out via the Vietnam National Single Window portal.

Article 33.Dossiers and time limits for declaration and performance of procedures for vessels on entry or exit or in transit, entering and departing from seaports, inland waterway ports or offshore oil ports, and operating in Vietnam’s maritime zones

1. Dossiers for procedure performance

Dossiers to be declared and produced for performance of procedures for vessels on entry or exit or in transit, or entering and departing from seaports, inland waterway ports or offshore oil ports must comply with the Government’s Decree No. 58/2017/ND-CP of May 10, 2017, detailing a number of articles of the Maritime Code of Vietnam regarding the management of maritime activities, Decree No. 59/2018/ND-CP of April 20, 2018, amending and supplementing a number of articles of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures, inspection, supervision and control, Decree No. 77/2017/ND-CP of July 3, 2017, on management and protection of security and order at port border gates, and Decree No. 89/2018/ND-CP of June 25, 2018, detailing a number of articles of the Law on Prevention and Control of Infectious Diseases regarding border health quarantine.

2. Time limits for dossier declaration

A declarant shall notify vessels’ entry into or departure from ports or transit under Article 87 of Decree No. 58/2017/ND-CP; and notify vessels’ entry into ports under Article 88 of Decree No. 58/2017/ND-CP. For other documents, the time limits for declaration are as follows:

a/ For vessels on entry

- General declaration, cargo manifest, master bill of lading, and house bill of lading: at least 12 hours before the expected time of arrival, for vessels on a voyage of under 5 days; or at least 24 hours before the expected time of arrival, for vessels on a voyage of another time period;

- Crew list, passenger list, ship’s store declaration, declaration of luggage of crewmembers and attendants on board the vessel; and declaration of dangerous cargoes: at least 8 hours before the expected time of the vessel’s arrival;

- Maritime declaration of health: at least 2 hours before the expected time of the vessel’s arrival at a pilot embarkation and disembarkation area;

- Declaration of weapons and explosives, and declaration of stowaways: at least 4 hours before the expected time of the vessel’s arrival;

- Other documents: within 2 hours after the vessel anchors at the wharf or within 4 hours after the vessel anchors at another place within the port waters. In case of entry at offshore oil ports: within 24 hours after the vessel returns ashore.

b/ For vessels on exit:

Crew list, passenger list, declaration of weapons and explosives, and declaration of stowaways: at least 2 hours before the expected time of the vessel’s departure. Other documents: at least 1 hour before the expected time of the vessel’s departure.

Particularly for passenger vessels and liners: right before the expected time of the vessel’s departure.

c/ For vessels in transit: To comply with Point a of this Clause upon their entry. Upon their exit, if there is any change in the dossier against that submitted at the time of entry, the time limit for declaration must comply with Point b of this Clause.

3. Administrative procedures for Vietnam’s and Cambodia’s inland waterway craft on entry and exit at Vietnam’s inland waterway ports must comply with the Prime Minister’s regulations.

Article 34.Responsibilities of processing agencies

1. Processing agencies shall check documents submitted electronically or directly (paper documents), and perform procedures for vessels according to their functions and tasks prescribed in Decree No. 58/2017/ND-CP, Decree No. 59/2018/ND-CP and Decree No. 77/2017/ND-CP.

2. In case state management agencies jointly process the documents and hold divergent opinions on the same document declared by a declarant, the processing agency shall act as the focal agency and is competent to make the final decision, specifically as follows:

a/ Maritime administrations or inland waterway administrations shall take the main charge of, and are competent to make the final decision for the general declaration;

b/ Customs offices shall take the main charge of, and are competent to make the final decision for the cargo manifest, declaration of dangerous cargoes, list of luggage, and ship’s store declaration;

c/ Border guards shall take the main charge of, and are competent to make the final decision for the list of passengers, crew list, declaration of stowaways, and declaration of weapons and explosives;

d/ Animal quarantine agencies shall take the main charge of, and are competent to make the final decision for the animal quarantine declaration;

dd/ Plant quarantine agencies shall take the main charge of, and are competent to make the final decision for the plant quarantine declaration;

e/ Health quarantine agencies shall take the main charge of, and are competent to make the final decision for the maritime declaration of health, ship sanitation control exemption certificate/ship sanitation control certificate, certificate of health inspection of cargoes (on board the vessel), or of the vessel, health quarantine declaration of corpses, bones and body ash (if any), and health quarantine declaration of microorganism samples, bio-products, tissues and human body organs (if any).

3. E-licensing

Within 1 hour after a declarant makes a declaration and produces sufficient documents under regulations, state management agencies shall process procedures under specialized laws, and notify the procedure processing results to the maritime administrations or inland waterway administrations for completion of procedures for vessels on entry or exit or in transit. The processing is prescribed as follows:

a/ Customs offices shall certify the completion of customs procedures for vessels on entry or exit or in transit via the Vietnam National Single Window portal. For vessels on entry transporting goods banned or suspended from import, or goods failing to comply with the law on environmental protection, customs offices shall notify the captains, enterprises engaged in commercial operation of ports and port authorities for not allowing cargoes to be unloaded to the ports, unless the loading is permitted by competent agencies;

b/ Border guards shall certify the completion of procedures of passengers and crewmembers and security procedures for vessels on entry or exit or in transit via the Vietnam National Single Window portal;

c/ Animal quarantine agencies shall certify the completion time of animal quarantine registration procedures for cargoes subject to animal quarantine via the Vietnam National Single Window portal under the Law on Animal Health and other relevant laws;

d/ Plant quarantine agencies shall certify the completion time of plant quarantine registration procedures for cargoes on the list of objects subject to plant quarantine via the Vietnam National Single Window portal. The plant quarantine agencies shall notify declarants of the time of actual inspection of the cargo shipments under the Law on Plant Protection and Quarantine;

dd/ Health quarantine agencies shall certify the completion time of health quarantine registration procedures for vessels departing from, or sailing through epidemics-affected areas, vessels carrying persons departing from, or going through epidemics-affected areas, vessels carrying dead persons, or vessels transporting body ash, corpses, tissues or human body organs;

e/ Maritime administrations or inland waterway administrations shall certify the completion of procedures for vessels on entry, or grant licenses for the departure or transit of vessels via the Vietnam National Single Window portal.

4. Coordination in information receipt and exchange

a/ In case of rejection to permit the entry or transit of vessels under treaties to which the Socialist Republic of Vietnam is a contracting party, or under Vietnam’s law, processing agencies shall notify the reasons therefor via the Vietnam National Single Window portal to stakeholders for coordinated handling.

b/ Past the time limit prescribed in Clause 3 of this Article, if related processing agencies fail to notify the processing results, port authorities shall decide on the contents prescribed at Point e, Clause 3 of this Article.

c/ If detecting that the declared information is incorrect, incomplete or invalid, processing agencies shall guide declarants to modify and supplement the information and inform related agencies via the Vietnam National Single Window portal.

d/ In case a processing agency rejects an e-dossier but keeps on processing the paper dossier outside the system, it shall clearly state the reason for rejection in the system and notify processing results to the stakeholders via the Vietnam National Single Window portal. The other processing agencies may decide on continued processing of the dossier in the system or to process the paper dossier.

Section 3

PERFORMANCE OF ADMINISTRATIVE PROCEDURES FOR RAILWAY
AND ROAD VEHICLES

Article 35.Information exchange for performance of procedures for railway and road vehicles

The performance of procedures and information exchange for railway and road vehicles on entry or exit or in transit at land and railway border gates shall be carried out via the Vietnam National Single Window portal.

Article 36.Administrative procedures

Administrative procedures for railway and road vehicles on entry or exit or in transit under the national single-window mechanism must comply with the Prime Minister’s regulations.

Chapter V

IMPLEMENTATION OF TREATIES ON EXCHANGE OF E-INFORMATION AND E-DOCUMENTS FOR PERFORMANCE OF ADMINISTRATIVE PROCEDURES UNDER THE NATIONAL SINGLE-WINDOW MECHANISM

Article 37.Implementation of international agreements and treaties on exchange of e-information and e-documents

1. The Vietnam National Single Window portal shall act as the focal point for receipt and exchange of e-information and e-documents between agencies of the Socialist Republic of Vietnam and agencies and organizations of countries and territories which have signed agreements and treaties on exchange of e-information and e-documents with the Socialist Republic of Vietnam.

2. The exchanged contents and technical standards must comply with the signed international agreements and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 38.Legal validity of e-information and e-documents exchanged under international agreements and treaties on exchange of e-information and e-documents

E-information and e-documents exchanged between agencies of the Socialist Republic of Vietnam and agencies and organizations of countries and territories which have signed international agreements and treaties on exchange of e-information and e-documents with the Socialist Republic of Vietnam via the Vietnam National Single Window portal are legally valid as paper documents provided that they satisfy the following conditions:

1. The conditions prescribed in international agreements and treaties on exchange of e-information and e-documents which the Socialist Republic of Vietnam has signed or acceded to.

2. Being recognized as legally valid as paper documents under international agreements and treaties on exchange of e-information and e-documents which the Socialist Republic of Vietnam has signed or acceded to.

3. The conditions prescribed in Clause 3, Article 14 of this Decree.

Article 39.Implementation of the ASEAN Single Window mechanism

1. The exchange, use and sharing of e-information and e-documents via the Vietnam National Single Window portal to implement the ASEAN Single Window mechanism must comply with agreements which the Socialist Republic of Vietnam has signed or acceded to as a member to implement the ASEAN Single Window mechanism.

2. Information and data which are exchanged and shared via the national single window portal of a member country to the national single window portal of another member country via the ASEAN Single Window mechanism shall be used and stored under agreements which the Socialist Republic of Vietnam has signed or acceded to as a member to implement the ASEAN Single Window mechanism.

3. E-information and e-documents transmitted and exchanged via the ASEAN Single Window mechanism shall be used for customs clearance for imports, exports and goods in transit, and exchanged and shared with ministries and sectors in relevant fields.

Article 40.Responsibilities of line ministries in information exchange to implement international agreements and treaties on exchange of e-information and e-documents

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

a/ Developing and implementing the Vietnam National Single Window portal to implement the ASEAN Single Window mechanism and exchange information with countries and territories which have signed agreements and treaties on exchange of e-information and e-documents with the Socialist Republic of Vietnam;

b/ Proposing the mutual recognition of e-information and e-documents exchanged with countries and territories for simplification of dossiers, documents and procedures to minimize the time of customs clearance and release imports, exports and goods in transit, and persons and vehicles on entry or exit or in transit.

2. The Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Transport, Ministry of Finance, and related ministries and sectors shall coordinate with one another in exchanging e-certificates of origin, e-quarantine certificates, e-bills of lading and other relevant documents with the ASEAN member countries and other countries and territories via the Vietnam National Single Window portal.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 41.Effect

1. This Decree takes effect on January 1, 2020.

2. To annul:

a/ The Prime Minister’s Decision No. 43/2017/QD-TTg of September 26, 2017, defining the responsibilities for performance of procedures for aircraft on entry or exit or in transit under the national single window mechanism;

b/ Articles 4, and 14 thru 23; provisions regarding the procedures for vessels on entry or exit, or entering or departing from inland waterway ports in Articles 5, 6, 7 and 10 of the Prime Minister’s Decision No. 34/2016/QD-TTg of August 23, 2016, prescribing e-procedures for vessels to enter and depart from seaports, inland waterway ports or offshore oil ports under the national single-window mechanism;

c/ Article 8 of the Government’s Decree No. 27/2011/ND-CP of April 9, 2011, on provision, exploitation, processing and use of information on passengers before they enter Vietnam by air;

d/ Point 1, Clause 7, Article 7 of the Government’s Decree No. 132/2008/ND-CP, which was amended and supplemented under Clause 3, Article 1 of Decree No. 74/2018/ND-CP;

dd/ The phrase “products in hand luggage of persons on entry, or sent before or after the trip of persons on entry to serve their daily-life needs or trips” in Clause 2, Article 13 of the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety;

e/ Contents on specialized inspection in Clauses 5 and 6, Article 60 of Decree No. 08/2015/ND-CP, which was amended and supplemented under Clause 31, Article 1 of Decree No. 59/2018/ND-CP.

Article 42.Transitional provisions

Pending the issuance of relevant standards or technical regulations, imports, and exports for which inspection criteria and methods are available and which comply with Points a and c, Clause 4, Article 21 of this Decree may continue to be included in the list of goods subject to specialized inspection under specialized laws through June 30, 2020.

Article 43.Implementation responsibility

1. The Ministry of Finance and line ministries shall guide and organize the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC