Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT dated June 25, 2013 of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport guiding the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system

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Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT dated June 25, 2013 of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport guiding the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system
Issuing body: Ministry of Transport; Ministry of Finance; Ministry of Industry and TradeEffective date:
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Official number:84/2013/TTLT-BTC-BCT-BGTVTSigner:Do Hoang Anh Tuan; Nguyen Cam Tu; Nguyen Hong Truong
Type:Joint CircularExpiry date:
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Issuing date:25/06/2013Effect status:
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Fields:Export - Import

SUMMARY

THE PILOT APPLICATION OF THE NATIONAL SINGLE-WINDOW CUSTOMS SYSTEM

On June 25, 2013, the Joint – Ministries of Finance, Industry and Trade and Transport issues the Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system.

At this Circular, the Joint-Ministries  provides a list of administrative procedures applying the national single-window customs system on a pilot basis (below referred to as single-window administrative procedures) including single-window administrative procedures of the Ministry of Finance; single-window administrative procedures of the Ministry of Industry and Trade; and single-window administrative procedures of the Ministry of Transport.

The Circular also explain clearly that the national single-window customs system is an integrated system consisting of the national single-window portal, the customs clearance system of the customs, licensing systems of the Ministry of Industry and Trade, the communication system of the Ministry of Transport and other information technology systems (below referred to as specialized processing systems).

Within that, the single-window customs administrative procedures and the exchange of information between processing agencies through the national single-window portal  shall be are carried out in 04 steps such as declarants and processing agencies send information on the single-window customs administrative procedures to the national single-window portal; the national single-window portal receives and forwards information to specialized processing systems; processing agencies receive and process information, notify the status of information receipt/processing and processing results to the national single-window portal; the national single-window portal notifies the status of information receipt/processing and processing results to declarants and involved specialized processing systems.

This Circular is applicable for enterprises having imports and exports or vehicles on entry or exit or in transit; and organizations and persons involved in import and export activities and vehicles on entry or exit or in transit that choose to carry out single-window administrative procedures through the national single-window portal and meet the conditions on information technology and technical requirements.

This Circular takes effect on August 28, 2013.
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Effect status: Known

THE MINISTRY OF FINANCE-THE MINISTRY OF INDUSTRY AND TRADE-THE MINISTRY OF TRANSPORT

Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT of June 25, 2013, guiding the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 107/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;

Pursuant to the Government’s Decree No. 87/2012/ND-CP of October 23, 2012, detailing a number of articles of the Customs Law regarding e-customs procedures for commercial imports and exports;

Pursuant to the Government’s Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and marine navigable channels;

Pursuant to the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system (below referred to as Decision No. 48/2011/QD-TTg);

The Minister of Finance, the Minister of Industry and Trade and the Minister of Transport promulgate the Joint Circular guiding the implementation of Decision No. 48/2011/QD-TTg (phase 1).

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides the implementation of Decision No. 48/2011/QD-TTg on pilot application of the national customs single-window system covering the following:

1. Providing a list of administrative procedures applying the national single-window customs system on a pilot basis (below referred to as single-window administrative procedures) including:

a/ Single-window administrative procedures of the Ministry of Finance;

b/ Single-window administrative procedures of the Ministry of Industry and Trade;

c/ Single-window administrative procedures of the Ministry of Transport.

The list of single-window administrative procedures of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport is provided in Appendix I to this Circular.

2. Providing the process of e-declaration and e-receipt of information; criteria and formats of e-documents used for carrying out the single-window administrative procedures specified in Clause 1 of this Article.

3. Other matters related to the single-window administrative procedures specified in Clause 1 of this Article comply with current regulations.

Article 2. Subjects of application

1. Agencies and units of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport having the function to process information and grant licenses according to the single-window administrative procedures specified in Clause 1, Article 1 of this Circular.

2. Enterprises having imports and exports or vehicles on entry or exit or in transit; and organizations and persons involved in import and export activities and vehicles on entry or exit or in transit that choose to carry out single-window administrative procedures through the national single-window portal and meet the conditions on information technology and technical requirements prescribed at Point e, Clause 3, Article 16 of this Circular.

Article 3. Interpretation of terms

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

1. Single-window customs administrative documents means information electronically created, sent, received and stored for carrying out single-window administrative procedures on the national single-window portal.

2. Agency processing single-window administrative procedures (below referred to as processing agency) means an agency or a unit of the Ministry of Finance, the Ministry of Industry and Trade or the Ministry of Transport having the function to process information and grant licenses according to the single-window administrative procedures specified in Clause 1, Article 1 of this Circular.

3. Declarant means an organization or individual carrying out single-window the administrative procedures provided in Clause 1, Article 1 of this Circular.

4. System user means an entity or a person specified in Clause 1, Article 10 of this Circular that is allowed to access the national single-window portal.

5. Confidential information means information created and determined by a system user as confidential under the law on protection of state secrets, the Commercial Law and other relevant laws and regulations.

6. Unit managing the national single-window portal is the General Department of Customs (the Ministry of Finance).

Article 4. National single-window customs system

1. The national single-window customs system prescribed in Article 1 of Decision No. 48/2011/QD-TTg is an integrated system consisting of the national single-window portal, the customs clearance system of the customs, licensing systems of the Ministry of Industry and Trade, the communication system of the Ministry of Transport and other information technology systems (below referred to as specialized processing systems).

2.The single-window customs administrative procedures and the exchange of information between processing agencies through the national single-window portal are carried out as follows:

a/ Declarants and processing agencies send information on the single-window customs administrative procedures to the national single-window portal;

b/ The national single-window portal receives and forwards information to specialized processing systems;

c/ Processing agencies receive and process information, notify the status of information receipt/processing and processing results to the national single-window portal;

d/ The national single-window portal notifies the status of information receipt/processing and processing results to declarants and involved specialized processing systems.

3. Decisions are made on the national single-window customs system as follows:

a/ Agencies and units of the Ministry of Industry and Trade having the licensing function for the single-window administrative procedures specified at Point b, Clause 1 of Article 1 for imports and exports shall grant permits and certificates to traders and send these permits and certificates or other processing results to customs offices through the national single-window portal;

b/ Port authorities shall make final decision to permit exit, entry or transit of ships based on administrative procedure processing results of state management agencies at seaports sent to the Ministry of Transport’s specialized processing systems.

c/ Customs offices shall make final decision on clearance of imported, exported and transit goods based on permits and processing results of processing agencies sent to the customs clearance system through the national single-window portal.

Article 5. E-transactions on the national single-window customs system

E-transactions on the national single-window customs system (e-transactions) include:

1. Declaring information and receiving feedback on the processing of dossiers for carrying out single-window administrative procedures on the national single-window portal;

2. Receiving and sending declared information from the national single-window portal to specialized processing systems;

3. Receiving processing results from specialized processing systems to the national single-window portal;

4. Exchanging information between specialized processing systems through the national single-window portal.

Article 6. Single-window customs administrative documents

1. Single-window customs administrative documents include:

a/ E-customs declaration, decision on customs clearance, cargo release or cargo release for preservation; other processing results of the customs office;

b/ Notice of arrival, departure or transit of ship; transfer order, port departure permit, transit permit, other processing results of the port authority;

c/ Import registration of ozone-depleting substances, application for import permit for industrial explosive materials, application for Kimberley certificate, Kimberley Process (KP) certificate for export, application for import of motorcycles of large cubic centimeters; completely filled-in application for certificate of origin-form D and form of certificate of origin-form D; import permit for ozone-depleting substances, permit for import or export of industrial explosive materials, Kimberley process certificate for rough diamonds, permit for automatic import of motorcycles of large cubic centimeters, certificate of origin-form D, other processing results of licensing agencies of the Ministry of Industry and Trade;

d/ Notice of receipt (acceptance/refusal/request for modification) of information declared on the national single-window portal.

2. Legal validity of single-window customs administrative documents:

a/ Single-window customs administrative documents are valid like paper documents;

b/ Documents must be made with the contents and according to the formats set by ministries for the single-window administrative procedures provided in Appendix I to this Circular;

c/ The sending, receipt, storage and legal validity of single-window customs administrative documents comply with the E-transaction Law and relevant laws;

d/ Single-window customs administrative documents must meet requirements for single-window administrative procedures under specialized laws;

dd/ Single-window customs administrative documents must contain digital signatures of competent persons under specialized laws applicable to single-window administrative procedures (in case declarants have registered to use digital signatures);

e/ The creation of e-documents and their conversion into paper documents and vice versa comply with the law on e-transactions and specialized laws applicable to the single-window administrative procedures provided in Clause 1, Article 1 of this Circular.

3. The forms and contents of, and methods of submitting and producing, other documents in dossiers for carrying out single-window administrative procedures comply with current specialized laws applicable to those administrative procedures.

Article 7. Registration of user accounts of the national single-window portal

1. Declarants who have been granted by ministries or customs offices accounts to access existing specialized processing systems may choose one of those accounts to access the national single-window portal and notify such in writing to the unit managing the national single-window portal. The unit managing the national single-window portal shall guide users in using their registered accounts to access the national single-window portal.

2. For declarants not yet having user accounts granted by ministries, they shall register for user accounts on the national single-window portal as follows:

a/ A declarant carries out dossier registration procedures for application for a user account with the unit managing the national single-window portal. In case of rejecting the dossier or the dossier is incomplete, the unit managing the national single-window portal shall notify such in writing (clearly stating the reason) to the declarant. In case the dossier is complete and proper, the unit managing the national single-window portal sends a written or electronic notice of its dossier acceptance to the declarant. Within 5 (five) working days after receiving a complete dossier, the unit managing the national single-window portal sends a notice of acceptance or non-acceptance of the dossier to the declarant. The declarant accesses the national single-window portal and uses the user registration function to fully and accurately declare his/her account information according to the form provided in Appendix II to this Circular;

b/ The unit managing the national single-window portal considers information, activates the account and sends a written or electronic notice of  the account information to the declarant according to the security process;

c/ The national single-window portal sends the account information of the new user to relevant specialized processing systems.

Chapter II

PROVISIONS ON THE NATIONAL SINGLE-WINDOW PORTAL

Article 8. Principles of operation of the national single-window portal

1. To comply with specialized laws and the laws on protection of state secrets, commercial secrets and business secrets for e-transactions made on the national single-window portal.

2. To assure accuracy, objectiveness, completeness and promptness of e-transactions made on the national single-window portal.

Article 9. Functions of the national single-window portal

1. To receive single-window customs administrative documents and relevant information, to certify digital signatures of declarants and electronically sent by processing agencies.

2. To forward single-window customs administrative documents and other information of declarants to specialized processing systems (including digital signatures in case declarants use digital signatures) and concurrently store information of declarants on the national single-window portal for reference and statistical purposes.

3. To receive notices from specialized processing systems.

4. To return single-window customs administrative documents to declarants (including digital signatures in case specialized processing systems use digital signatures).

5. To notify processing results of ministries to relevant specialized processing systems.

6. To store the status of e-transactions made on the national single-window portal, to store original documents.

7. To provide some reporting and statistical functions at the request of processing agencies and declarants.

Article 10. Competence and level to access the national single-window portal

1. Eligible for access to the national single-window portal are:

a/ Organizations and individuals carrying out administrative procedures provided in Article 1 of this Circular;

b/ Customs offices and units of the Ministry of Industry and Trade and the Ministry of Transport provided in Clause 1, Article 2 of this Circular;

c/ State management agencies exploiting information from the national single-window portal provided in Article 27 of this Circular.

2. Access level and competence:

a/ The organizations and individuals specified at Point a, Clause 1 of this Article may access the national single-window portal to declare information, receive notifications of dossier processing for carrying out single-window administrative procedures, receive single-window customs administrative documents and other processing results for single-window administrative procedures and search information published on the national single-window portal;

b/ The entities specified at Point b, Clause 1 of this Article may access the national single-window portal to receive and process information and notify processing results in the form of single-window customs administrative documents or other processing results for single-window administrative procedures and receive single-window customs administrative documents and other processing results of relevant agencies.

Article 11. Use of digital signatures for carrying out single-window administrative procedures

A declarant that uses the digital signature to carry out single-window administrative procedures on the national single-window portal shall comply with the following provisions:

1. The digital signature used by a declarant to carry out single-window administrative procedures is a public digital signature granted to the organization having registered with the unit managing the national single-window portal and is certified to be compatible with the system of the national single-window portal.

2. The use and legal validity of digital signatures comply with Articles 8 and 12 of the Government’s Decree No. 26/2007/ND-CP of February 15, 2007, detailing the E-Transaction Law regarding digital signatures and digital signature certification services.

3. Before using the digital signature for carrying out single-window administrative procedures, a declarant shall register the digital signature with the unit managing the national single-window portal, covering:

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

b/ Full name, number of identity card or passport and title (if any) of the person obtaining the digital certificate;

c/ Serial number of the digital signature;

d/ Validity duration of the digital signature.

4. A declarant shall re-register with the unit managing the national single-window portal the information specified in Clause 3 of this Article upon change in registered information, renewal of digital certificate, change of keypair or suspension of digital certificate.

5. A declarant that has registered use of many digital signatures with specialized processing systems may choose to use one of those signatures.

Article 12. Responsibilities of the unit managing the national single-window portal

1. To technically manage, operate, maintain and upgrade hardware systems, network systems and safety and security systems for the operation of the national single-window portal, to connect with specialized processing systems and with users (through the national single-window portal announced on the internet).

2. To manage, operate, maintain and upgrade the system of the national single-window portal meeting requirements of stakeholders.

3. To manage and grant accounts to users of the national single-window portal.

4. To assure conditions for uninterrupted connection of the national single-window portal with specialized processing systems.

5. To notify specialized processing agencies of plans to carry out procedures and time to remedy incidents occurring to the national single-window portal.

6. To provide technical consultancy and support for specialized processing systems and declarants upon request.

Article 13. Responsibilities of ministries

1. To technically manage, operate, maintain and upgrade specialized processing systems.

2. To assure conditions for uninterrupted connection of specialized processing systems with the national single-window portal.

3. To synchronize declarant information for carrying out single-window administrative procedures from specialized processing systems.

4. To assume the prime responsibility for developing, managing and operating information technology systems within the scope of their management.

5. When incidents occur to their specialized processing systems, to notify the unit managing the national single-window portal of plans to carry out procedures and time to remedy those incidents.

6. To notify the unit managing the national single-window portal of their email addresses, names and telephone numbers of units for receiving information and notices upon occurrence of incidents or in other necessary cases. To manage email accounts to receive information on incidents and introduce timely remedy plans. 

Article 14. Assurance of information and data security

1. The unit managing the national single-window portal shall assure security of information and data transmitted on the national single-window portal. Data will be stored and copied in the systems of specialized processing agencies. Ministries connected with the national single-window portal shall apply security measures for information sent to the national single-window portal.

2. The Ministry of Finance shall apply necessary professional and technical measures to assure security for the national single-window portal and accurate, prompt and effective information sharing with agencies, organizations, units and individuals provided in this Circular.

3. Users shall take responsibility for the accuracy and completeness of information and data provided to the national single-window portal in accordance with specialized laws applicable to respective administrative procedures.

Article 15. Remedy of incidents

When an incident or error occurs to the national single-window portal which disables the e-exchange or provision of information:

1. The unit managing the national single-window portal shall immediately notify such to declarants and involved management agencies in an appropriate way and via email addresses notified to it under Clause 6, Article 13 of this Circular.

2. Processing agencies shall notify declarants in writing or via email addresses registered by declarants for completing procedures currently carried out on the national single-window portal.

3. During the time of remedying the incident, administrative procedures are carried out by other modes as prescribed by current law.

Chapter III

PROCESS TO DECLARE, RECEIVE, EXCHANGE AND PROVIDE FEEDBACK ON INFORMATION ON THE NATIONAL SINGLE-WINDOW PORTAL

Article 16. Declarants and their rights and obligations

1. Declarants defined in Clause 3, Article 3 of this Circular include:

a/ Customs declarants;

b/ Persons carrying procedures for vehicles on exit or entry or in transit;

c/ Importers of industrial explosive materials;

d/ Importers of ozone-depleting substances;

dd/ Traders engaged in commercial import and export of rough diamonds;

e/ Importers of motorcycles of large cubic centimeters;

g/ Traders applying for certificates of origin-form D.

2. A declarant has the following rights:

a/ To be supported in user training and provided with necessary information by the unit managing the national single-window portal and processing agencies to access and declare information and use utilities on the national single-window portal;

b/ To be guaranteed by the unit managing the national single-window portal and processing agencies for information security and protection of business and trade secrets;

c/ To be provided with information on dossier processing under single-window administrative procedures by processing agencies.

3. A declarant has the following obligations:

a/ To comply with regulations on contents and formats of declared information according to technical requirements applicable to each single-window administrative procedure;

b/ To comply with regulations on digital signatures for e-transactions requiring digital signatures;

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

d/ To observe processes for assuring integrity, security and confidentiality in carrying out single-window administrative procedures;

dd/ To store e-documents of dossiers of single-window administrative procedures (including copies) in accordance with the law on e-transactions and specialized laws; to provide e-documents related to imports, exports, goods in transit and vehicles on exit and entry and in transit for processing agencies to serve examination and inspection work according to their competence;

e/ To satisfy conditions on information technology and technical requirements for carrying out single-window administrative procedures as prescribed by specialized laws.

Article 17. Declaration, modification and addition of information

1. Information may be declared, modified or added in one of the two following ways of creating electronically declared information:

a/ To create declared information according to the contents and formats of the forms provided by specialized processing agencies and data standards guided by the unit managing the national single-window portal and send it to the national single-window portal; or

b/ To directly make declaration on the national single-window portal.

2. The modification and addition of declared information comply with regulations on related procedures.

Article 18. Receipt of and feedback on declared information

1. The national single-window portal receives electronically declared information 24 hours a day and 7 days a week.

2. The national single-window portal automatically receives and provides feedback on declared information to declarants and specialized processing systems.

Article 19. Information processing and feedback on processing results

A processing agency shall:

1. Receive and process declared information.

2. Notify the status of receiving/processing declared information to declarants and involved agencies through the national single-window portal.

3. Notify processing results to declarants and involved agencies through the national single-window portal.

4. The time limit for processing agencies to process information and provide feedback complies with current regulations applicable to the administrative procedures specified in Clause 1, Article 1 of this Circular.

Article 20. Information exchange between the Ministry of Industry and Trade and the national single-window portal

1. The national single-window portal receives declared information provided in Section II of Appendix III to this Circular (not translated) for processing in the corresponding system of the Ministry of Industry and Trade.

2. Licensing agencies shall check the completeness and validity of dossiers, and notify their acceptance/refusal/request for modification of declared information to the national single-window portal.

3. Licensing agencies shall process single-window administrative dossiers and notify processing results to the national single-window portal.

4. The national single-window portal receives processing results from specialized processing systems and notifies those results to declarants and related specialized processing systems.

5. The national single-window portal receives permit-related processing results and sends them to the corresponding system of the Ministry of Industry and Trade.

3. The process of sending, receiving and processing information between the specialized processing system of the Ministry of Industry and Trade and the national single-window portal is detailed in Appendix III to this Circular (not translated).

Article 21. Information exchange between the Ministry of Transport and the national single-window portal

1. The national single-window portal receives declared information provided in Section III of Appendix IV to this Circular (not translated) and forwards it to the specialized processing system of the Ministry of Transport. State agencies processing formalities for ships at seaports shall conduct professional operations on the software connected to, or directly in, the specialized processing system of the Ministry of Transport.

2. State agencies at seaports, including the border-gate customs, border-gate guard, international health quarantine agency, plant quarantine agency and animal quarantine agency, shall consider dossiers and documents, conduct professional operations in accordance with law and send processing results to the specialized processing system of the Ministry of Transport. In case of disapproval, they shall notify the reason to the specialized processing system of the Ministry of Transport.

3. Based on procedure completion results of state agencies at seaports mentioned above, port authorities shall process dossiers and notify results to the national single-window portal through the specialized processing system of the Ministry of Transport. In case of refusal, they shall clearly notify the reason to the national single-window portal through the specialized processing system of the Ministry of Transport.

4. The process of sending, receiving and processing information between the specialized processing system of the Ministry of Transport and the national single-window portal is provided in Appendix IV to this Circular (not translated).

Article 22. Information exchange between the Ministry of Finance and the national single-window portal

1. The national single-window portal receives declared information, permits, Kimberley certificates, certificates of origin-form D, transfer orders, exit permits, transit permits and other processing results for single-window administrative procedures from specialized processing systems and forward them to the processing systems of customs offices.

2. Based on declared information, permits and other processing results for single-window administrative procedures sent by declarants and specialized processing systems, customs offices shall process customs dossiers of customs declarants and notify processing results to the national single-window portal.

3. The national single-window portal notifies declarants of processing results of customs offices immediately after receiving them.

4. The national single-window portal provides feedback on customs declarations and processing results of customs offices to relevant specialized management agencies.

Chapter IV

COORDINATION AND INFORMATION EXCHANGE MECHANISM FOR CARRYING OUT SINGLE-WINDOW ADMINISTRATIVE PROCEDURES

Article 23. Principles of information exchange and provision

1. The exchange and provision of information must comply with law and be within the scope of functions, tasks and powers of each party.

2. Information exchanged and provided must be used properly and serve professional operations according to the functions and tasks of the information receiving party.

3. Involved parties shall promptly, accurately and fully exchange and provide information.

4. Parties shall exchange, provide, manage and use information in accordance with the law on protection of state secrets and regulations on confidentiality under specialized management of ministries and sectors.

5. Information is exchanged and provided between parties of the same level. When necessary, information may be exchanged among parties of different levels.

6. Agencies and units assigned to act as focal points for information exchange and provision of each party provided in Article 28 of this Circular shall arrange resources and means to assure smooth and prompt information exchange and provision between parties.

Article 24. Information contents to be provided

1. Customs offices shall provide the national single-window portal with the following information:

a/ Customs declarations, decisions on customs clearance/cargo release or permitting release of cargo for preservation;

b/ Other processing results for administrative procedures of customs offices;

c/ Information relating to goods having customs procedures cleared or released at the request of licensing agencies or port authorities.

2. Licensing agencies shall provide the national single-window portal with the following information:

a/ Permits for export or import of industrial explosive materials;

b/ Permits for import of ozone-depleting substances;

c/ Permits for import of motorcycles of large cubic centimeters;

d/ Kimberley process certificates for rough diamonds;

dd/ Updatings of the list of member states to the Kimberley Process Certification Scheme under Clause 1, Article 5 of Circular No. 14/2009/TTLT-BCT-BTC of June 23, 2009, guiding the grant of certificates and procedures for import and export of rough diamonds for implementation of the Kimberley Process Certification Scheme;

e/ Certificates of origin-form D;

g/ Other processing results of licensing agencies for single-window administrative dossiers.

3. Port authorities shall provide the national single-window portal with the following information:

a/ Transfer orders;

b/ Port departure permits;

c/ Transit permits;

d/ Other processing results of port authorities for single-window administrative dossiers.

Article 25. Form of information exchange and provision

Information is exchanged and provided in the form of online single-window customs administrative documents in accordance to the legal documents specified in Appendix I to this Circular. The unit managing the national single-window portal is the focal point for receiving and processing information for carrying out single-window administrative procedures provided by ministries.

Article 26. Statistical periods and time limit for information exchange and provision

The national single-window portal shall provide information to the focal points specified in Article 28 of this Circular, specifically as follows:

1. Monthly information: Information and statistics from the first to the last day of the month, provided on the 20th of the following month at the latest.

2. Annual information: Information and statistics from January 1 through December 31, provided on January 20 of the following year at the latest.

3. Irregular information: When the National Assembly, the Government, the National Steering Committee for the National Single-Window System, the Ministry of Finance, the Ministry of Transport, a competent agency or the ASEAN Secretariat requests reporting or information on the list of information provided in Article 24 of this Circular or other relevant information in a statistical period or at a time other than those specified in Clause 1 of this Article, the national single-window portal and related ministries, sectors and agencies shall provide the information as requested, and concurrently to the national single-window portal and related agencies.

Article 27. Management and use of information

1. The Ministry of Finance shall provide the Ministry of Industry and Trade and the Ministry of Transport with access codes and passwords for exploiting information on the national single-window portal. These agencies shall keep confidential these codes and passwords.

2. Apart from the agencies promulgating this Joint Circular, the Ministry of Finance shall share information with competent agencies and persons for use and exploitation of information on the national single-window portal. When the Ministry of Finance uses information relating to the scope of management by a ministry on the national single-window portal for sending to competent agencies, it shall obtain consent of that ministry before officially providing such information to competent agencies and persons. The information provision must comply with specialized laws on protection of state secrets and business information secrets of enterprises.

Article 28. Focal points for information provision and exchange

1. Ministries shall assign units to act as the focal points for information provision and exchange under this Circular.

2. The focal points provided in Clause 1 of this Article shall assign specific tasks on information exchange, provision and management to their leaders and functional sections and open and register with the unit managing the national single-window portal their emails, fax and telephone numbers and addresses for coordination.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 29. Responsibilities of parties

1. To organize and direct attached agencies and units in the implementation of this Circular.

2. To assure conditions for administrative procedures to be carried out in a smooth and timely manner.

3. To assure the accuracy, timeliness, security and confidentiality of exchanged and provided information in accordance with current law.

4. To conduct evaluation and review for experience drawing after completing the pilot implementation.

Article 30. Effect

1. This Circular takes effect on August 28, 2013.

2. Agencies and units acting as focal points shall promptly report any problems arising in the course of implementation to the Ministries for settlement.

For the Minister of Transport
Deputy Minister
NGUYEN HONG TRUONG

For the Minister of Industry and Trade
Deputy Minister
NGUYEN CAM TU

For the Minister of Finance
DO HOANG ANH TUAN

 

Appendix I

LIST OF ADMINISTRATIVE PROCEDURES APPLYING THE NATIONAL SINGLE-WINDOW CUSTOMS SYSTEM ON A TRIAL BASIS

(To Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT of June 25, 2013, of the Ministry of Finance, the Ministry of Industry and Trade and the Ministry of Transport, guiding the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot application of the national single-window customs system)

1. Single-window administrative procedures of the Ministry of Finance include the procedures provided in the Government’s Decree No. 87/2012/ND-CP of October 23, 2012, detailing a number of articles of the Customs Law regarding e-customs procedures for commercial imports and exports, and Circular No. 196/2012/TT-BTC of November 15, 2012, on e-customs procedures for:

a/ Goods imported and exported under trading contracts;

b/ Goods imported and exported for the performance of subcontract production contracts with foreign traders;

c/ Goods imported and exported under the mode of import of materials for export production;

d/ Imports and exports of export-processing enterprises;

dd/ Goods imported and exported for the implementation of investment projects;

e/ Goods traded under the mode of temporary import for re-export;

g/ Goods imported and exported on the spot;

h/ Returned exports;

i/ Imports to be returned;

k/ Imports and exports transported to or from border gate under customs supervision.

2. Single-window administrative procedures of the Ministry of Industry and Trade:

a/ Procedures for licensing the import and export of industrial explosive materials under Circular No. 23/2009/TT-BTC of August 11, 2009, and Circular No. 26/2012/TT-BTC of September 21, 2012;

b/ Procedures for licensing the import of ozone-depleting substances under Joint Circular No. 47/2011/TTLT-BCT-BTNMT of December 30, 2011;

c/ Procedures for granting Kimberley process certificates for rough diamonds under Joint Circular No. 12/2009/TTLT-BCT-BTC of June 23, 2009, and Joint Circular No. 01/2012/TTLT-BCT-BTC of January 3, 2012;

d/ Procedures for granting certificates of origin-form D under Circular No. 21/2010/TT-BCT of May 17, 2010, and Circular No. 06/2011/TT-BCT of March 21, 2011;

dd/ Procedures for licensing the automatic import of motorcycles of large cubic centimeters under Circular No. 06/2007/TT-BTM of May 30, 2007, and Circular No. 10/2011/TT-BCT of March 30, 2011.

3. Single-window administrative procedures of the Ministry of Transport under the Government’s Decree No. 21/2012/ND-CP of March 21, 2012, on management of seaports and marine navigable channels:

a/ Procedures for Vietnamese and foreign ships to enter seaports;

b/ Procedures for Vietnamese and foreign ships to leave seaports;

c/ Procedures for foreign ships in transit.-

 

THE END

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