Quyết định 247/QD-TCHQ

DECISION

ON METHODS FOR CONNECTION AND DATA EXCHANGE OF SURVEILLANCE CAMERAS BETWEEN EXPORT PROCESSING ENTERPRISES AND CUSTOMS AUTHORITIES ACCORDING TO Clause 10 Article 1 of Decree No. 18/2021/ND-CP and customs SUPERVISION OF the export processing enterprises by camera systems

THE DIRECTOR GENERAL OF THE GENERAL DEPARTMENT OF CUSTOMS

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

Pursuant to Decree No. 134/2016/ND-CP dated September 01, 2016 of the Government elaborating on certain Articles and implementation methods of the Law on Import and Export Tariffs;

Pursuant to Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government on amendments to Decree No. 134/2016/ND-CP dated September 01, 2016 of the Government elaborating on certain Articles and implementation methods of the Law on Import and Export Tariffs;

Pursuant to Decision No. 65/2015/QD-TTg dated December 17, 2015 of the Prime Minister on function, tasks, powers and organizational structures of the General Department of Customs affiliated to the Ministry of Finance;

At the request of the Director General of the Customs Statistics and Information Department; the Director General of the Customs Administration.

HEREBY DECIDES:

Article 1. Regulations on methods for connection and data exchange of surveillance cameras between export processing enterprises (EPEs) and customs authorities according to Clause 10 Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government and customs supervision of EPEs by camera systems are promulgated together with this Decision.

Article 2. Entry into force

This Decision comes into force from the day on which it is signed.

Article 3. Organizing implementation

1. Heads of units affiliated to General Department of Customs are responsible for implementation of this Decision.

2. The Customs Departments of provinces and central-affiliated cities shall direct the affiliated sub-department of customs to implement and publicize this Decision in locations where customs procedures are followed in order that declarants seize information and implement.

3. The Customs Departments of provinces and cities should consolidate and report difficulties arising during the implementation to the General Department of Customs (through Customs Administration Department for customs-related matters and the Customs Statistics and Information Department for technical matters of camera connection and data exchange) for guidance./.

REGULATIONS

ON METHODS FOR CONNECTION AND DATA EXCHANGE OF SURVEILLANCE CAMERAS BETWEEN EXPORT PROCESSING ENTERPRISES AND CUSTOMS AUTHORITIES ACCORDING TO Clause 10 Article 1 of Decree No. 18/2021/ND-CP and customs SUPERVISION OF EXPORT processing enterprises by cameras
(issued together with Decision No. 247/QD-TCHQ dated March 02, 2022 of the General Director of General Department of Customs)

This document provide guidance on methods for connection and data exchange of surveillance cameras between export processing enterprises (EPEs); requirements for saving image data on cameras of the EPEs; security solutions for exchange of camera data according to regulations prescribed in Clause 10 Article 1 of Decree No. 18/2021/ND-CP dated March 11, 2021 of the Government and provide guidance on customs supervision of goods eligible for tax exemption of the EPEs by surveillance camera systems.

I. Requirements for surveillance camera system of EPEs

1. Requirements for installing positions

1.1. General requirements

a) A surveillance camera system in a EPE includes surveillance cameras installed at the gates/doors and goods storage areas. Goods storage areas include areas of the EPE used for storing goods such as warehouses, depots for storing materials, semi-finished products and finished products, scraps, refuses and other tax-free goods. Surveillance cameras are not required in other areas of the EPE that are used for production or use of goods, machines and devices such as workshops, offices, canteens, etc..

b) The cameras installed at gates/doors of the EPE must be angled to clearly record license plates, container numbers (if any) of vehicles entering and exiting the EPE. Each vehicle passing through the gate must comply with regulations on speed and lanes so that the camera may record vehicle information.

c) Surveillance cameras in areas for storage of materials, semi-finished products and finished products, scraps, refuses and other tax-free goods must cover the entire areas;

d) In areas for storage of materials, semi-finished products and finished products, scraps, refuses and other tax-free goods: the surveillance cameras at the doors/gates must be able to clearly record the movement of goods into or out these areas; the cameras inside these areas (if any) must cover the entire area;

e) The EPE shall:

e.1) Make a diagram of goods storage positions and surveillance camera positions with numbers and notes for monitoring, managing and submit 01 copy to the supervisory sub-department of customs during inspection of conditions for customs supervision and inspection;

e.2) Open a logbook to monitor operation and update all situations including power failure, inactivity, repair or maintenance by the time, positions, lens/camera numbers on the diagram;

e.3) Notify contacts and phone number to the supervisory sub-department of customs for administration ; promptly reports issues concerning the surveillance camera system; in case of repair or maintenance or power failure, report in writing and update the matters to the logbook for inspection by the customs authority.

1.2. Positions where camera data must be connected to the online system of the supervisory customs authority

a) Camera data at the following positions must be connected to the online system of the customs authority:

- Gates/doors of the EPE;

- Gates/doors of areas for storage of materials, semi-finished products and finished products; scraps and refuses (if any);

- Areas for storage of materials, semi-finished products and finished products, scraps, refuses and other tax-free goods;

- Inside the areas for storage of materials, semi-finished products and finished products, scraps, refuses and other tax-free goods (if surveillance cameras are installed).

b) In other areas where surveillance camera system is also mandatory, the EPE shall store the camera data in its database system according to regulations and provide it for the customs authority on request.

1.3. Minimum technical requirements of the surveillance camera system

a) Minimum technical requirements do not apply to any EPE that has been granted the Investment Registration Certificate, revised Investment Registration Certificate (if any) (or a written document from a competent investment registration authority in case the an Investment Registration Certificate is not required) before the effective date of Decree No. 18/2021/ND-CP of the Government (April 25, 2021); EPEs that are established after April 25, 2021 and before the effective date of this Decision, are operating and have surveillance camera systems.

b) For EPEs established after the effective date of this Decision:

b.1) The surveillance camera systems of the EPEs must satisfy minimum technical requirements according to the Appendix issued together with this Decision;

b.2) Customs authorities shall examine and confirm whether the surveillance camera systems of these EPEs satisfy the minimum technical requirements or not on the basis of the EPEs' technical documents and declaration of conformity with technical requirements.

2. Connection and storage

2.1. Connection methods

a) The surveillance camera system of the EPE must be connected to the online system of the customs authority via the Internet or a separate transmission channel but Internet connection is still preferable.

In case the EPE chooses to connect by the separate channel, the EPE need to contact with the customs authority to cooperate in developing connection methods in a manner that is suitable, ensures readiness and compatibility between the EPE’s infrastructure and that of the customs authority. The EPE is responsible for investment and operation of the separate channel.

b) The EPE shall be proactive and responsible for installing the camera system and choosing connection methods. After completing connection, the EPE shall send a notification in writing to the customs authority of the system access account, system access method in order for the customs authority to carry out supervision according to regulations.

2.2. Data storage

a) Storage method: Images must be stored in the storage devices at the EPE. The EPE is responsible for storage and security of the images captured on each camera. The customs authority must be able to access the images anytime to serve inspection.

b) Storage time: Camera data must be connected to the online system of the supervisory customs authority of the EPE and stored at the EPE for at least 12 months.

c) Standards of storage data: the EPE shall select extensions of image files according that are supported by the EPE’s cameras but they must satisfy the technical requirements specified in Appendix I “Minimum technical requirements of camera systems in EPEs” issued together with this Decision. The EPE must supply, publicize and be responsible for accuracy of the documents publicized as well as for compatibility of the camera system with the minimum technical requirements specified herein.

d) Standards of data access: On the basis of professional requirements, the EPE must provide the account, password and right to access the surveillance camera system for customs officials’ supervision. The EPE must export and provide the camera data at the request of the customs authority.

2.3. Troubleshooting

a) For troubles of cameras and attachments of the camera system:

- The EPE is responsible for operation, periodic maintenance and replacement of cameras and attachments of the surveillance camera system in order to ensure stable and continuous operation (24 hours per day, seven days per week).

- When there are troubles related to the surveillance camera system: the EPE need to inform the customs authority to reach an agreement on a surveillance plan pending completion of the troubleshooting process according to Appendix II of the Form “Notification of interruption of surveillance camera systems of EPEs" issued herewith. The EPE is responsible for repair and replacement of the equipment within 10 (ten) working days to restore the system's operation. In case the EPE fails to restore the system’s operation within the 10-day period, the EPE must send a notification of specific reasons and expected completion time to the supervisory customs authority.

- For surveillance cameras at the EPE’s gates/doors, during the interruption of the surveillance camera system, the EPE is responsible for keeping a log of vehicle numbers, container numbers (if any), time of their entry/exit into/from the EPE and present to the customs authority on request.

b) For channel's troubles:

- For the transmission via the Internet: the EPE is responsible for supervision, operation and troubleshooting for transmission lines on the EPE's side.

- For the separate transmission channel of the EPE with the customs authority: the EPE is responsible for supervision, operation and troubleshooting for transmission lines and terminal equipment of set up by the EPE at the customs authority.

- During the interruption of the channels, the EPE must ensure storage of data related to the surveillance camera system and provide it at the request of the customs authority. The EPE needs to inform the customs authority to reach an agreement on a surveillance plan pending completion of the troubleshooting process according to Appendix II of the Form “Notification of interruption of surveillance camera systems of EPEs" issued herewith. The EPE is responsible for restoring the system within 03 (three) working days. In case the EPE fails to restore the system’s operation within the 3-day period, the EPE must send a written notification of specific reasons and expected completion time to the supervisory customs authority.

c) Customs supervision during the interruption:

- The supervisory sub-department of customs of the EPE shall appoint officials to cooperate with the EPE in monitoring the troubleshooting process and updating troubleshooting situation every working day;

- On the basis of risk assessment for each EPE, the director of the customs authority shall decide supervision methods for the EPE during the interruption of the surveillance camera system;

- Early restoration of the surveillance camera system and cooperation with the customs authority in troubleshooting of the surveillance camera system of the EPE are criteria for assessment of risks and compliance of the EPE.

3. Ensuring information security

Each party shall be responsible for their system information security. To be specific:

a) For the EPE: The EPE shall be responsible for security of its surveillance camera system and security of data interfaced with the customs authority; do not allow hackers to take advantage of the EPE's network to attack the information system of the customs authority. The EPE may consider applying some methods for security on the transmission lines such as data encryption, multi-factor authentication, connection via VPN channel, etc. to secure information. EPEs are encouraged to determine information security levels and fully implement the plans for information security according to the security levels for their surveillance camera systems in accordance with regulations of the Law on cyber-information security, Decree No. 85/2016/ND-CP dated July 01, 2016 of the Government on security of information systems by classification and Circular No. 03/2017/TT-BTTTT dated April 24, 2017 of the Ministry of Information and Communication elaborating Decree No. 85/2016/ND-CP . The EPE shall be responsible for management of the shared information and the account issued to the customs authority in a manner that no information is leaked to any third party.

b) For the customs authority:

- The customs authority shall be responsible for security of their information system and security of data interfaced with the EPE; do not allow hackers to take advantage of the customs authority's network to attack the information system of the EPE. The customs authority and assigned customs officials shall be responsible for reception of the information and account transferred by the EPE in a manner that no information is leaked to any third party.

- The customs authority shall not commit the “Prohibited acts” prescribed in Article 7 of the Law on Cyber-information Security and “Prohibited acts of cyber-security” specified in Article 8 of the Law on Cyber-security.

II. Customs supervision of tax-free goods of the EPE by the camera system

1. General requirements

a) The supervisory sub-departments of customs of EPEs shall prepare a plan for supervision and unscheduled inspection of the camera images on the basis of risk assessment and management; develop a monthly monitoring plan to make sure all EPEs are successively inspected at specific times.

b) The supervisory sub-department of customs of each EPE shall appoint officials to be responsible for supervision of the EPE via the surveillance camera system. Each customs official assigned shall be responsible for security of information, account, passwords and image data transferred by the surveillance camera system of the EPE.

c) The customs officials shall supervise the EPE’s camera system within working time of the authority.

2. Specific requirements

2.1. In case there is no system for analyzing camera image data, the assigned supervisory customs officials shall

a) Monitor surveillance camera images of EPEs according to the list of risk EPEs on screen.

b) Check and compare information about container numbers, license plate numbers of vehicles between customs information (import and export declarations, confirmation of goods released from customs controlled areas, goods receipt/delivery notes (in case the EPE exchanges information according to Clause 1 Article 60 of Circular No. 38/2015/TT-BTC amended by Circular No. 39/2018/TT-BTC), vehicle tracking information via GPS of the Ministry of Transport) and images provided by the EPE to identify the risks.

2.2. In case there is a system for analyzing camera image data

a) The customs authority's camera data analysis system shall automatically monitor 24 hours per day and 7 days per week, including weekends and holidays; connect with the customs management programs (declaration management, risk management, manifest management) and data from Ministries and Central Authorities (vehicle tracking data via GPS of the Ministry of Transport), analyze and warn the official about risks for monitoring.

b) The customs officials shall monitor the risk warnings from the camera administration system of the customs authority. In case there is a warning, the customs official shall:

- Analyze information based on the warning information, compare declaration information, route information, movement time and camera image information of the EPE.

- Propose actions according to the law.

c) In case there is information or signs of risks, the customs official shall supervise directly camera images on screen.

2.3. In case the customs authority suspects that the EPE has committed commercial fraud through analysis of camera image data

The customs official shall report to the head of the customs authority to organize an inspection and determination of violations and handle according to regulations of the law.

III. Organizing implementation

1. The Customs Departments of provinces and cities shall strictly manage and direct the affiliated supervisory sub-department of customs of EPEs to make plans and organize implementation of this Decision.

2. The Customs Administration Department and the Import-Export Tax Department shall cooperate with and assist the Customs Departments of provinces, cities and EPEs in the process of connecting and exchanging surveillance camera data in customs profession.

3. The Customs Statistics and Information Technology Department shall cooperate with and assist the Customs Departments of provinces, cities and EPEs in the process of connecting and exchanging surveillance camera data in technical aspects.

The Customs Departments of provinces and cities should report promptly difficulties beyond their competence arising during the implementation to the General Department of Customs for settlement./.

APPENDIX I

MINIMUM TECHNICAL REQUIREMENTS FOR A CAMERA SYSTEMS OF EXPORT PROCESSING ENTERPRISES
(Attached together with Decision No. 247/QD-TCHQ dated March 02, 2022 of the Director General of the General Department of Customs)

APPENDIX II

FORM OF TROUBLE NOTIFICATION
(Attached together with Decision No. 543/QD-BGDDT dated February 23, 2022 of the Minister of Education and Training)

Notification of interruption of surveillance camera systems of EPEs

On the basis of regulations of Decision No. ............/QD-TCHQ dated .../.../2022 of the General Department of Customs, [name of the enterprise] ……………………………… hereby notifies interruption of its surveillance camera system for goods subject to supervision of the Customs Authority as follows:

1. Name, address, tax identification number of the Enterprise subject to supervision of the Customs Authority:

......................................................................................................................................

2. Description of the current status, causes of the technical issues (location, quantity according to the diagram provided to the customs authority):

......................................................................................................................................

3. Effects of the interruption related to Customs supervision:

......................................................................................................................................

4. Estimated time for restoration:

......................................................................................................................................

5. Contact of the enterprise's technician:

......................................................................................................................................

For your information./.