Quyết định 19/2011/QD-TTg

DECISION

ON PILOT IMPLEMENTATION OF COMMMODITIES DECLARATION, RELATED DOCUMENTS AND ELECTRONIC CUSTOMS CLEARANCE FOR SEAGOING VESSELS ON ENTRANCE OR EXIT VIETNAM

THE PRIME MINISTER

Pursuant to the Law on Government Organization of December 25, 2001;
Pursuant to the Law on Customs of June 29, 2001 and the Law on amendment of and addition to a number of articles of The Law on Customs of June 14 2005;
Pursuant to the Law on Electronic Transactions of November 29, 2005;
At the proposal of the Minister of Finance,

DECIDES:

Article 1. Pilot implementation of reception commodities declaration, the relevant documents and electronic customs clearance for seagoing vessels on entrance or exit

1. The pilot scope applys for the reception of goods declaration, the other relevant documents formed in electronic data and electronic customs clearance of seagoing vessels on entrance or exit (collectively referred to as the electronic customs procedures for seagoing vessels entrance or exit).

2. Pilot subjects comprise:

a) Vietnamese seagoing vessels, foreign seagoing vessels on entrance or exit;

b) The shipping firms, shipping agencies and logistics companies;

c) The Customs department at border ports or seaports;

d) Marine Port authorities.

The Minister of Finance shall decide the selection of specific subjects participating in the pilot performance.

3. Time and areas for pilot implementation:

a) Duration of the pilot is from 2011 to 2012.

b) Location of the pilot:

- In the 2011-2012 period: implementation at the sea ports of Hai Phong city, Da Nang city, Ho Chi Minh City and Ba Ria-Vung Tau province;

- In 2012: extending the implementation to seaports in the following provinces: Quang Ninh, Quang Ngai, Binh Dinh, Khanh Hoa, and Can Tho city.

Article 2. Electronic customs dossiers for seagoing vessels on entry or exit

1. For entry seagoing vessels:

a) The declaration of goods imported by sea;

b) Information about House Bill of Lading;

c) General declaration form;

d) Crew list;

đ) Crew’s luggage declaration;

e) Ship’s stores declaration;

g) List of passengers (if any);

h) Dangerous Manifest (if any).

2. For exit seagoing vessels:

a) The declaration of export goods;

b) General declaration;

c) Crew list;

d) Crew’s luggage declaration;

đ) Ship’s stores declaration;

e) List of passengers (if any).

3. Ministry of Finance shall specify the content of e-customs dossiers referred to in clause 1, clause 2 of this article.

Article 3. Time limit for providing information e-customs dossiers

1. For entrance seagoing vessels:

a) The time limit for providing information about the declaration of imported goods, house bill of lading: within 12 hours for seagoing vessels that have journey lasting less than 05 days, not later than 24 hours for seagoing vessels have other journey, before seagoing vessels docked as scheduled time.

b) The time limit of information providing on concerning the documents referred to in points c, d, đ, e, g, h, Clause 1, Article 2 of this Decision within 08 hours before seagoing vessels docked as scheduled time.

2. For exit seagoing vessels: time limit of information providing prescribed in clause 2 of Article 2 of this Decision is not later than 01 hours before the ship’s departure time.

3. Legal validity of electronic customs documents with regards to seagoing vessels on entry/exit stipulated in this Decision shall be implemented in accordance with the provisions of the laws on electronic transactions.

Article 4. Location to receive and process information of e-customs dossiers regarding seagoing vessels on entry/exit

1. Location to receive and process information of e-customs dossiers for seagoing vessels on entry/exit is the electronic information portal of the General Department of Customs. Customs declarants are obliged to send electronic data to the e-Portal of General Department of Customs under the provisions of this Decision so that the Customs Authorities can do the customs procedures and electronic customs clearance for entering or exit seagoing vessels.

2. Customs Departments of provinces/cities, Customs Sub-department and relevant units exploit data at the e-Portal of the General Department of Customs to service the process of customs procedures implementation and electronic customs clearance for entrance/exit seagoing vessels within the areas under their management in accordance with this decision.

Article 5. Rights and obligations of customs declarants

1. Rights and obligations of the customs declarants taking part in pilot implementation of this Decision shall comply with the provisions of Article 23 of the Customs Code, Decree No. 27/2007/ND-CP dated 23 May 2007 of the Government on electronic transactions in the financial sector.

2. Upon implementation of e-customs procedures for seagoing vessels on entry/exit, customs declarants shall be responsible for:

a) Having a notification electronically sending to the e-Portal of General Department of Customs about the implementation of electronic customs procedures for vessels on entry or exit.

b) Using digital signatures. In the case of digital signatures have not applied yet by customs authorities, declarants use electronic access accounts under the provisions of the Ministry of Finance;

c) Sending electronic data to the e-Portal of the General Customs Department and then be received the settling results from this e-Portal;

d) Providing of related information servicing for the examination and inspection operation.

Article 6. Responsibilities and powers of customs authorities, customs public servans

1. Responsibilities and powers of customs authorities, customs public servans participating in the pilot implementation of this Decision shall comply with the provisions of Article 27 of the Customs Code, Decree No. 27/2007/ND-CP dated 23 January 2007 by the Government on e-transactions in the financial sector.

2. Within 02 working days after receiving the notice of the implementation of electronic customs procedure from customs declarants, the customs authorities must respond in electronic mode to customs declarants of information whether the procedure have been accepted or not (with clear reasons).3. Establish and publish data standards to exchange electronic information in an attempt to help the customs declarants perform.

4. Establish data-receiving function in accordance with the published standard and receive data input directly by the customs declarants via the Internet or through organizations who provide services of electronic customs data reception and transmission.

5. Share information relating to goods declaration, other relevant information, and results of seagoing vessels customs clearance with the port authorities in order to jointly manage and keep confidential information provided by the customs declarants.

Article 7. Responsibilities of the Ministry of Finance

1. Promulgating documents guidancing for the implementation of this Decision.

2. Leading and coordinating with the Ministry of Transport and relevant ministries or agencies to operate executing this Decision.

3. Directing the whole Customs Authorities

a) Selecting subjects for the pilot implementation;

b) Proposed investment and buying of software, equipments, network infrastructure and other conditions of essential information technology infrastructure to ensure pilot implementation as rate of progress provided;

c) Technical and customs professional job assistances for the subjects participating in the pilot implementation.

4. Reviewing, summarizing and evaluating the pilot implementation results, suggesting the implementation of electronic customs procedures for seagoing vessels on entry/exit after the end of the pilot phase.

Article 8. Implementation Provisions

1. This decision takes effect from May 15, 2011.

2. The ministers, heads of ministerial-level agencies, heads of Governmental agencies, Presidents of people’s Committee of centrally-affiliated provinces and cities shall be responsible for implement this Decision.