Thông tư liên tịch 89/2016/TTLT-BTC-BCT

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF THE NATIONAL SINGLE-WINDOW MECHANISM

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

Pursuant to November 29, 2005 Law No. 51/2005/QH11 on E-Transactions;

Pursuant to the Government’s Decree No. 26/2007/ND-CP of February 15, 2007, detailing the implementation of the Law on E-Transactions concerning digital signature and digital signature certification service;

Pursuant to the Governments Decree No. 106/2011/ND-CP of November 23, 2011, amending and supplementing a number of articles of the Governments Decree No. 26/2007/ND-CP of February 15, 2007, detailing the implementation of the Law on E-Transactions concerning digital signature and digital signature certification service;

Pursuant to the Government's Decree No. 170/2013/ND-CP of November 13, 2013, amending and supplementing a number of articles of the Government’s Decree No. 26/2007/ND-CP of February 15, 2007, detailing the implementation of the Law on E-Transactions concerning digital signature and digital signature certification service, and Decree No. 106/201ỈÍND-CP of November 23, 2011, amending and supplementing a number of articles of Decree No. 26/2007/ND-CP of February 15, 2007;

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

Pursuant to the Government’s Decree No. 215/2013/ND-CP of December 23, 2013, 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. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law concerning international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries;

Pursuant to the Government's Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and prescribing measures to implement, the Customs Law concerning customs procedures and customs inspection, supervision and control;

The Minister of Finance and the Minister of Industry and Trade promulgates the Joint Circular guiding the implementation of the national single-window mechanism.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides the implementation of the national single-window mechanism prescribed in Customs Law No. 54/2014/QH13 of June 23,2014, and the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and prescribing measures to implement, the Customs Law concerning customs procedures and customs inspection, supervision and control, with regard to the following contents:

1. Provisions on the list of administrative procedures applying the national single-window mechanism (below refereed to as the single-window administrative procedures), including:

a/ Single-window administrative procedures of the Ministry of Finance listed in Appendix I to this Joint Circular;

b/ Single-window administrative procedures of the Ministry of Industry and Trade listed in Appendix II to this Joint Circular.

2. Provisions on the process of declaration and receipt of information declared electronically; e-documents used to perform the single-window administrative procedures prescribed in Clause 1 of this Article.

3. Provisions on the mechanism of coordination and information exchange to perform the single-window procedures prescribed in Clause 1 of this Article between the Ministry of Finance and the Ministry of Industry and Trade.

4. Provisions on the Vietnam National Single Window Portal.

5. Other issues related to the single-window administrative procedures prescribed in Clause 1 of this Article must comply with current regulations.

Article 2. Subjects of application

1. Agencies and units of the Ministry of Finance and the Ministry of Industry and Trade that have functions of processing and licensing the single-window administrative procedures specified in Clause 1, Article 1 of this Joint Circular.

2. Organizations and individuals engaged in goods import, export and transit; organizations and individuals having rights and obligations related to goods import, export and transit that choose to perform the single-window administrative procedures through the Vietnam National Single Window Portal.

Article 3. Interpretation of terms

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

1. Single-window administrative document means the information created, sent, received and stored by electronic means to perform the single-window administrative procedures on the Vietnam National Single Window Portal.

2. Agency processing the single-window administrative procedures (below referred to as processing agency) means an agency or a unit under the Ministry of Finance or the Ministry of Industry and Trade having functions of processing and licensing the administrative procedures prescribed in Clause 1, Article 1 of this Joint Circular.

3. Declarant means an organization or individual performing the single-window administrative procedures prescribed in Clause 1, Article I of this Joint Circular.

4. System user means a subject specified in Clause 1, Article 11 of this Joint Circular that is permitted to access the Vietnam National Single Window Portal.

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

6. Vietnam National Single Window Portal referred to in Clause 1, Article 7 of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, means an integrated information system consisting of the customs clearance system of the customs sector and the information system of the Ministry of Industry and Trade (below referred to as the specialized processing systems).

7. Managing unit of the Vietnam National Single Window Portal means the General Department of Customs directly attached to the Ministry of Finance.

Article 4. Implementation of the national single-window mechanism

1. The single-window administrative procedures and the exchange of information between the processing agencies through the Vietnam National Single Window Portal shall be performed as follows:

a/ Declarants and processing agencies send information about the single-window administrative procedures to the Vietnam National Single Window Portal;

b/ The Vietnam National Single Window Portal receives and transmits the information to the specialized processing systems;

c/ The processing agencies receive and process information and give feedback on the state of receipt/processing and send the processing result to the Vietnam National Single Window Portal;

d/ The Vietnam National Single Window Portal gives feedback on the state of receipt/ processing and sends the processing result to the declarants and relevant specialized processing system.

2. Decision making under the national single-window mechanism shall be done as follows:

a/ The agencies and units under the Ministry of Industry and Trade shall base themselves on their assigned functions and tasks to grant licenses or certificates for the single-window administrative procedures referred to at Point b, Clause 1, Article 1 of this Joint Circular for imported and exported goods of organizations and individuals, and send licenses or certificates or other processing results to customs offices and customs declarants through the Vietnam National Single Window Portal;

b/ The customs office issues the final decision on customs clearance for imported, exported or transited goods on the basis of the licenses and processing results of the processing agencies sent to the customs clearance system of the customs sector through the Vietnam National Single Window Portal.

Article 5. E-transactions under the national single-window mechanism

E-transactions under the national single-window mechanism (e-transactions) include:

1. Declaring and receiving information and giving feedback on dossier processing to perform the 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 the specialized processing systems.

3. Receiving the processing results from the specialized processing systems to the Vietnam National Single Window Portal.

4. Exchanging information between the specialized processing systems through the Vietnam National Single Window Portal.

Article 6. Single-window administrative documents

1. E-documents include:

a/ Information declared in the following forms: declaration, registration application, registration, registration certificate or other forms to perform the administrative procedures on the list of single-window administrative procedures;

b/ Processing results of processing agencies in the following forms: decision on customs clearance, release of goods or storage of goods, license, certificate or other processing results corresponding to the administrative procedures on the list of e-documents listed in Appendix III to this Joint Circular.

2. Legal validity of e-documents:

a/ E-documents are as valid as paper documents for performing procedures at state management agencies;

b/ E-documents shall be created with contents and formats set by the Ministries for the single-window administrative procedures listed in Appendices I and II to this Joint Circular;

c/ The sending, receipt, storage and legal validity of e-documents must comply with the Law on E-Transactions and other relevant laws;

d/ E-documents must fully meet the requirements set by specialized laws for the single- window administrative procedures;

dd/ E-documents must bear digital signatures of competent persons as prescribed by specialized laws for the single-window administrative procedures (in case the declarants have registered the use of digital signatures).

3. The form, content and method of submission and presentation of other documents in dossiers for performing the single-window administrative procedures must comply with current specialized laws applicable to these administrative procedures.

Article 7. Conversion of paper documents into e-documents and vice versa

1. An e-document that is declared or presented to a state management agency under the national single-window mechanism may be the one that is converted from a paper document if it meets the following conditions:

a/ Reflecting the whole content of the paper document;

b/ Bearing the declarant’s digital signature already registered with the managing unit of the Vietnam National Single Window Portal.

2. A paper document may be converted from an e-document granted via the Vietnam National Single Window Portal if it meets the following conditions:

a/ Reflecting the whole content of the e-document;

b/ Bearing an identification sign showing that it is printed out from an e-document on the Vietnam National Single Window Portal. Such identification sign may be information reflecting that the document has been digitally signed by the licensing agency or the Vietnam National Single Window Portal, name and email address and/or telephone number of the signing agency, and time of digital signing. Identification signs shall be publicly announced by the managing unit of the Vietnam National Single Window Portal at https://vnsw.gov.vn;

c/ Bearing the signature, full name and lawful seal of the declarant.

3. Declarants shall preserve e-documents and paper documents under regulations.

Article 8. Registration of user accounts of the Vietnam National Single Window Portal

1. A declarant shall register a user account on the Vietnam National Single Window Portal as follows:

a/ The declarant accesses the Vietnam National Single Window Portal at https://vnsw.gov.vn and registers information as stated in Appendix IV to this Joint Circular. Within 1 working day after receiving the information registered by the declarant on the Vietnam National Single Window Portal, the managing unit of the Vietnam National Single Window Portal shall check and verify such information. If refusing to accept the information or finding such information incomplete, the unit shall email a notice (stating the reason) to the declarant. If the information is complete and meets all conditions as prescribed, the unit shall notify its approval and the name and initial password of the account to the declarant via the registered email address;

b/ After granting a new account to a declarant, the Vietnam National Single Window Portal shall send the account’s information to the respective specialized processing system.

3. In case a user is a cadre or civil servant of an agency or a unit of the Ministry of Finance or the Ministry of Industry and Trade, the grant of a user account on the Vietnam National Single Window Portal is prescribed as follows:

a/ The Ministry shall draw up a list of user accounts to be granted on the Vietnam National Single Window Portal, specifying the users’ full names, titles, working units and authority to use the functions under the Ministry’s management on the Vietnam National Single Window Portal according to the form posted on the portal by the managing unit of the Vietnam National Single Window Portal, and send a written notice together with the list to the managing unit of the Vietnam National Single Window Portal;

b/ Within 5 working days, the managing unit of the Vietnam National Single Window Portal shall base itself on technical requirements to ensure security and safety for the system to consider the number of user accounts requested by the Ministry, grant these accounts to the Ministry and notify in writing this Ministry of the user names and default passwords. If the number of granted accounts is fewer than that requested by the Ministry, the managing unit of the Vietnam National Single Window Portal shall clearly state the reason in the written notice sent to the Ministry.

Chapter II

PROVISIONS ON THE VIETNAM NATIONAL SINGLE-WINDOW PORTAL

Article 9. Principles of operation of the Vietnam National Single Window Portal

1. Complying with specialized laws and the laws on protection of state secrets and commercial and business secrets for e-transactions carried out on the Vietnam National Single Window Portal.

2. Ensuring the accuracy, objectivity, completeness and timeliness of e-transactions carried out on the Vietnam National Single Window Portal.

Article 10. Functions of the Vietnam National Single Window Portal

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

2. To transmit e-documents and other information of declarants to the processing agencies while storing the declarants’ information on the Vietnam National Single Window Portal for the purpose of search and statistics.

3. To receive notices from processing agencies.

4. To return e-documents to declarants.

5. To share processing results among processing agencies.

6. To store the state of e-transactions carried out on the Vietnam National Single Window Portal and store e-documents.

7. To provide a number of functions of reporting and making statistics at the request of processing agencies and declarants.

Article 11. Authority and level of access to the Vietnam National Single Window Portal

1. The subjects that may access the Vietnam National Single Window Portal include:

a/ Organizations and individuals performing the administrative procedures referred to in Article 1 of this Joint Circular;

b/ The customs sector and units directly attached to the Ministry of Industry and Trade specified in Clause 1, Article 2 of this Joint Circular;

c/ State management agencies other than those specified at Point b of this Clause that exploit information on the Vietnam National Single Window Portal under Clause 2, Article 27 of this Joint Circular.

2. Level and authority of access:

a/ Organizations and individuals referred to at Point a, Clause 1 of this Article may access the Vietnam National Single Window Portal to declare information and receive feedback on dossier processing in order to perform the single-window administrative procedures, receive single-window administrative documents, other processing results of the single-window administrative procedures, and search for information publicly posted on the Vietnam National Single Window Customs Portal;

b/ The subjects referred to at Point b, Clause 1 of this Article may access the single- window portal to receive information, process it and return processing results in the form of single-window administrative documents or other processing results for the single-window administrative procedures, receive single-window administrative documents and other processing results of related agencies;

c/ The subjects referred to at Point c, Clause I of this Article shall implement the provisions of Clause 2, Article 27 of this Joint Circular.

Article 12. Use of digital signatures to perform the single-window administrative procedures

A declarant that uses a digital signature to perform the single-window administrative procedures on the Vietnam National Single Window Portal shall abide by the following provisions:

1. The declarant’s digital signature which is used to perform the single-window administrative procedures is a public one issued to the organization, already registered with the managing unit of the Vietnam National Single Window Portal and compatible with the Vietnam National Single Window Portal.

2. The use of a digital signature and its legal validity must comply with the provisions of Articles 8 and 12 of the Government’s Decree No. 26/2007/ND-CP of February 15, 2007, detailing the Law on E-Transactions concerning digital signature and digital signature certification service.

3. Before using a digital signature to perform the single-window administrative procedures, a system user shall register his/her digital signature with the managing unit of the Vietnam National Single Window Portal. The to-be-registered contents include:

a/ Name and tax identification number of the importing and exporting agency or organization;

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

c/ Digital signature identification serial number;

d/ The validity period of the digital signature.

4. The declarant shall re-register with the managing unit of the Vietnam National Single Window Portal the information specified in Clause 3 of this Article in the following cases: change of registered information, renewal of digital certificate, change of key pair, and suspension of digital certificate. The re-registration of the information specified in Clause 3 of this Article shall be made in the same way as initial registration.

5. The declarant that has registered to use different digital signatures with the specialized processing systems may choose the use of one of the digital signatures which are being used.

Article 13. Responsibilities of the managing unit of the Vietnam National Single Window Portal

1. To technically manage, operate, maintain and upgrade hardware systems, network systems, security and safety system for operation of the Vietnam National Single Window Portal, connect to the specialized processing systems and users (through the Vietnam National Single Window Portal on the Internet).

2. To manage, operate, maintain and upgrade the Vietnam National Single Window Portal to meet requirements of related parties.

3. To manage and grant accounts to users of the Vietnam National Single Window Portal.

4. To ensure the conditions of the Vietnam National Single Window Portal to continuously connect with the specialized processing systems.

5. In case an incident occurs to the Vietnam National Single Window Portal, to inform the specialized processing agencies of the plan for performance of the procedures and the time of remedying the incident.

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

Article 14. Responsibilities of the Ministry of Industry and Trade

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

2. To ensure the conditions of the specialized processing systems to continuously connect with the Vietnam National Single Window Portal.

3. To synchronize the declarants’ information from the specialized processing systems to perform the single-window administrative procedures.

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

5. In case an incident occurs to the specialized processing system, to inform the managing unit of the Vietnam National Single Window Portal of the plan for performance of the procedures and the time of remedying the incident.

6. To notify the email address of the Ministry, names of units receiving information and telephone numbers to the managing unit of the Vietnam National Single Window Portal in order to receive information and notices in case of incident occurrence or other necessary cases. To manage the email account to receive information about incidents and provide timely remediation plans.

Article 15. Assurance of information and data safety

1. The managing unit of the Vietnam National Single Window Portal shall ensure safety of information and data transmitted on the Vietnam National Single Window Portal. The data storage and backup shall be performed at the agencies’ and units’ specialized processing systems. The Ministries connecting with the Vietnam National Single Window Portal shall take measures to ensure safety of information sent to the Vietnam National Single Window Portal.

2. The Ministry of Finance shall apply necessary professional and technical measures to secure the Vietnam National Single Window Portal, ensuring the sharing of information in an accurate, timely and effective manner with the agencies, organizations, units and individuals specified in this Joint Circular.

3. Users shall bear responsibility for the accuracy and completeness of the information and data they provide to the Vietnam National Single Window Portal in accordance with specialized laws for relevant administrative procedures.

Article 16. Handling of incidents

If an incident or an error occurs to the Vietnam National Single Window Portal that leads to the interrupted exchange or provision of electronic information:

1. The managing unit of the Vietnam National Single Window Portal shall immediately notify the declarants and related management agencies in appropriate forms and send emails to the addresses which have been notified to the managing unit as prescribed in Clause 6, Article 14 of this Joint Circular.

2. On the basis of notices of the managing unit of the Vietnam National Single Window portal as prescribed in Clause 1 of this Article, the processing agencies shall provide guidance for declarants in writing or by email to the registered addresses of the declarants for the latter to complete the procedures which are being performed on the Vietnam National Single Window Portal.

3. During the time of handling an incident, the administrative procedures shall be performed by other methods as prescribed by current regulations.

Chapter III

PROCESS OF DECLARATION, RECEIPT, EXCHANGE AND GIVING OF FEEDBACK ON THE VIETNAM NATIONAL SINGLE-WINDOW PORTAL

Article 17. Declarants and their rights and obligations

1. The declarants defined in Clause 3, Article 3 of this Joint Circular include:

a/ Customs declarants;

b/ Organizations and individuals engaged in goods import, export and transit; organizations and individuals having rights and obligations related to goods import, export and transit that perform the administrative procedures listed in Appendices I and II to this Joint Circular.

2. Declarants have the following rights:

a/ To be assisted by the managing unit of the Vietnam National Single Window Portal and processing agencies in framing system users and provided with necessary information for access to, declaration of information and use of utilities on the Vietnam National Single Window Portal;

b/ To have their information and business and commercial secrets secured by the managing unit of the Vietnam National Single Window Portal and processing agencies;

c/ To be provided by processing agencies with information about the processing of dossiers to perform the single-window administrative procedures.

3. Declarants have the following obligations:

a/ To comply with regulations on criteria and format of information declared according to technical requirement for each single-window administrative procedure;

b/ To comply with regulations on digital signatures for e-transactions required to use digital signatures;

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

d/ To comply with the processes to ensure the integrity, safety and confidentiality in the performance of the single-window administrative procedures;

dd/ To store e-documents of single-window administrative dossiers (including also copies) in accordance with the law on e-transactions and specialized laws; to provide e-documents relating to imported, exported and transited goods and vehicles on entry or exit and in transit to the processing agencies to serve the examination and inspection under their competence;

e/ To meet the conditions on information technology and technical requirements prescribed by specialized laws to perform the single-window administrative procedures.

Article 18. Declaration of information, modification and addition of declared information

1. The declaration of information, and modification and addition of declared information may be done by either of the following forms of creation of electronical information:

a/ Creating declared information according to the criteria and format of the forms set by the Ministry of Industry and Trade, and according to data standards guided by the managing unit of the Vietnam National Single Window Portal, and sending it to the Vietnam National Single Window Portal; or,

b/ Directly declaring information on the Vietnam National Single Window Portal.

2. The modification and addition of declared information must comply with regulations applicable to relevant procedures.

3. Submission of documents in single-window administrative dossiers:

a/ For e-documents and e-documents converted from paper documents, declarants shall submit them via the Vietnam National Single Window Portal;

b/ For paper documents, declarants shall submit them under specialized regulations.

Article 19. Receipt and giving of feedback to declared information

1. The Vietnam National Single Window Portal receives electronically declared information around the clock.

2. The Vietnam National Single Window Portal receives and gives feedback to declared information automatically to declarants and the specialized processing systems.

Article 20. Processing of information and giving of feedback on processing results

The processing agencies shall:

1. Receive and process declared information.

2. Give feedback on the state of receipt/processing of declared information to declarants and agencies related to the performance of procedures through the Vietnam National Single Window Portal.

3. Return processing results to declarants and agencies involved in the performance of procedures through the Vietnam National Single Window Portal.

4. The time limit for processing and giving of feedback by processing agencies must comply with current regulations for the administrative procedures referred to in Clause 1, Article 1 of this Joint Circular.

Article 21. Process of information exchange between the Ministry of Industry and Trade and the Vietnam National Single Window Portal

1. The Vietnam National Single Window Portal receives declared information prescribed in Appendix III to this Joint Circular and sends it to the corresponding system of the Ministry of Industry and Trade.

2. The processing agency checks the completeness and validity of the dossier, gives feedback on approval/disapproval/modification and addition of declared information to the Vietnam National Single Window Portal.

3. The processing agency processes the administrative dossier and sends the processing result to the Vietnam National Single Window Portal.

4. The Vietnam National Single Window Portal receives the processing result from the specialized processing system and sends it to the declarant and relevant specialized processing system.

5. The Vietnam National Single Window Portal receives the license-related processing result or processing result and transmits it to the corresponding system of the Ministry of Industry and Trade.

Article 22. Process of information exchange between the Ministry of Finance and the Vietnam National Single Window Portal

1. The Vietnam National Single Window Portal receives e-documents listed in Appendix III to perform the procedures listed in Appendix I to this Joint Circular and other processing results for the single-window administrative procedures from the specialized processing systems and transmits them to the processing system of the customs sector.

2. The customs sector bases itself on declared information, licenses and other processing results for the single-window administrative procedures transmitted by declarants and the specialized processing systems to process the declarants’ customs dossiers and sends the processing results to the Vietnam National Single Window Portal.

3. The Vietnam National Single Window Portal sends processing results of the customs sector to declarants right after receiving them.

4. The Vietnam National Single Window Portal gives feedback on customs declarations and processing results of the customs sector to the related specialized management agencies.

Chapter IV

COORDINATION AND INFORMATION EXCHANGE MECHANISM FOR PERFORMANCE OF SINGLE-WINDOW ADMINISTRATIVE PROCEDURES

Article 23. Principles of information exchange and provision

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

2. Information exchanged and provided shall be used for proper purposes and operations according to the functions and tasks of the party receiving information.

3. The parties exchanging and providing information shall exchange and provide accurate and adequate information in a timely manner.

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

5. Information shall be exchanged and provided between parties of the same level, and of different levels in case of necessity.

6. The agencies and units assigned to act as focal points in information exchange and provision of each party specified in Article 28 of this Circular shall prepare staff and facilities to ensure the uninterrupted and timely information exchange and provision between the parties.

Article 24. Content of provided information

1. The customs sector shall provide the Vietnam National Single Window Portal with the following information:

a/ Customs declarations, decisions on customs clearance/release of goods or permission for storage of goods;

b/ Other processing results of the customs sector concerning administrative procedures;

c/ Information relating to the goods cleared and released at the request of licensing agencies.

2. The Ministry of Industry and Trade shall provide the Vietnam National Single Window Portal with information on licenses and other processing results concerning the single- window administrative procedures listed in Appendix II to this Joint Circular.

Article 25. Forms of information exchange and provision

The information exchange and provision shall be performed in the form of online single- window administrative documents as prescribed in relevant legal documents. The managing unit of the Vietnam National Single Window Portal is the focal point to receive and process information provided by the Ministries to perform the single-window administrative procedures.

Article 26. Statistics and implementation of information exchange and provision

1. In case the Ministry of Finance and the Ministry of Industry and Trade use the specialized management systems to connect with the Vietnam National Single Window Portal, the compilation of statistics and reporting of information relating to the administrative procedures referred to in Article 1 of this Joint Circular shall be effected in the specialized management system of each Ministry.

2. In case the Ministry of Finance and the Ministry of Industry and Trade have not used the specialized management systems to connect with the Vietnam National Single Window Portal, the managing unit of the Vietnam National Single Window Portal shall provide the focal- point units referred to in Article 28 of this Joint Circular with statistics and reports relating to the administrative procedures referred to in Article 1 of this Joint Circular at the request of the Ministry of Finance and the Ministry of Industry and Trade.

3. Irregular information: In case the National Assembly, the Government, the National Steering Committee for the National Single-Window Mechanism, competent agencies or the ASEAN Secretariat require reports and information relating to the administrative procedures referred to in Article 1 of this Joint Circular, the Vietnam National Single Window Portal, the

Ministry of Finance, the Ministry of Industry and Trade and related agencies shall provide such reports and information to those agencies and concurrently to the Vietnam National Single Window Portal and related agencies.

Article 27. Information management and use

1. The Ministry of Finance shall provide the Ministry of Industry and Trade with the access code and password to exploit information on the Vietnam National Single Window Portal. These agencies shall keep confidential the access code and password provided.

2. The Ministry of Finance shall share information with not only the Ministry of Industry and Trade but also the competent agencies and persons to use information on the Vietnam National Single Window Portal. In case the Ministry of Finance uses the information relating to the scope of management of the Ministry of Industry and Trade on the Vietnam National Single Window Portal to provide it to competent agencies and persons for use, it shall get the approval from the Ministry of Industry and Trade before officially providing such information. The information provision must comply with specialized laws on protection of state secrets and business information secrets of enterprises.

Article 28. Focal-point units to perform the information exchange and provision

1. The Ministry of Finance and the Ministry of Industry and Trade shall assign their focal units to provide and exchange information as prescribed by this Joint Circular.

2. The focal-point units refereed to in Clause 1 of this Article shall assign their heads and functional sections to perform the exchange, provision and management of information, and create and register their email accounts, fax numbers, telephone numbers and addresses with the managing unit of the Vietnam National Single Window Portal for coordination.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 29. Responsibilities of parties

The Ministry of Industry and Trade and the Ministry of Finance shall:

1. Organize the implementation of, and direct their attached and directly attached agencies and units to comply with, the provisions of this Joint Circular.

2. Ensure the conditions for the administrative procedures to be performed in an uninterrupted and timely manner.

3. Ensure the accuracy, timeliness, safety and confidentiality of information to be exchanged and provided in accordance with current regulations.

Article 30. Effect

1. This Joint Circular takes effect on August 20, 2016.

2. Agencies and focal-point units shall report any problems arising in the course of implementation of this Joint Circular to the two Ministries for settlement.

3. When modifying and supplementing the Lists of administrative procedures in Appendices I and II to this Joint Circular, the Ministries shall issue modified and supplemented lists according to their competence.

4. This Joint Circular replaces the contents relating to the implementation of the national single-window mechanism of the Ministry of Industry' and Trade prescribed in 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 implementation of the Prime Minister’s Decision No. 48/2011/QD-TTg of August 31, 2011, on pilot implementation of the national single-window customs mechanism.-

APPENDIX I

LIST OF ADMINISTRATIVE PROCEDURES OF THE MINISTRY OF FINANCE APPLYING THE NATIONAL SINGLE-WINDOW MECHANISM
(To Joint Circular No. 89/2016/TTLT-BTC-BCT of June 23, 2016, of the Ministry of Finance and the Ministry of Industry and Trade, guiding the implementation of the national single-window mechanism)

1. Customs procedures for goods transported independently.

2. Customs procedures for goods transported by combined mode.

3. Customs procedures for goods imported and exported under the export-processing enterprises’ right to import, export and distribute goods.

4. Customs procedures for imported and exported goods of foreign traders exercising the right to import and export, and of foreign-invested enterprises.

5. Customs procedures for property of moving people.

6. Procedures for goods imported from abroad for construction of workshops and offices and installation of equipment of export-processing enterprises.

7. Procedures for goods trading between export-processing enterprises and domestic ones.

8. Procedures for goods trading between two export-processing enterprises.

9. Procedures for discarded materials and scraps of export-processing enterprises permitted for sale on the domestic market.

10. Procedures for grant of permits for temporary import of automobiles and motorcycles of subjects entitled to privileges and immunities in Vietnam.

11. Procedures for destruction of automobiles and motorcycles of subjects entitled to privileges and immunities in Vietnam.

12. Procedures for transfer of automobiles and motorcycles of subjects entitled to privileges and immunities in Vietnam.

13. Procedures for grant of permits for transfer of automobiles and motorcycles of subjects entitled to privileges and immunities in Vietnam.

14. Procedures for licensing the import of automobiles and motorcycles of overseas Vietnamese permitted to repatriate.

15. Customs procedures for imported mails, parcels and bales of goods sent via postal service.

16. Customs procedures for exported mails, parcels and bales of goods sent via postal service.

17. Customs procedures for goods traded by the mode of border-gate transfer.

18. Customs procedures for exports.

19. Customs procedures for imports.

20. Customs procedures for goods traded in the form of temporary import for re-export.

21. Customs procedures for exported goods which are returned.

22. Customs procedures for imported goods which have to be re-exported back to foreign customers, to third-party countries or into non-tariff zones.

23. Customs procedures for goods from abroad into bonded warehouses.

24. Customs procedures for goods from non-tariff zones or the domestic market into bonded warehouses.

25. Customs procedures for goods from bonded warehouses to abroad.

26. Customs procedures for goods from bonded warehouses to the domestic market or imported into non-tariff zones.

27. Customs procedures for import of rough diamond.

28. Customs procedures for export of rough diamond.

29. Customs procedures for goods brought into and out of transshipment ports.

30. Customs procedures for import of materials and supplies for export production.

31. Customs procedures for export of products made from imported materials.

32. Customs procedures for products made from imported materials which are sold to other enterprises for direct export.

33. Customs procedures for imported goods sent via express delivery service by road.

34. Customs procedures for exported goods sent via express delivery service by road.

35. Procedures for import of materials and supplies for performance of processing contracts for foreign traders.

36. Procedures for export of goods processed for foreign traders.

37. Procedures for import of goods ordered for processing abroad.

38. Procedures for export of materials and supplies ordered for processing abroad.

39. Customs procedures for materials and supplies supplied by the processors themselves for processing contracts.

40. Customs procedures for imported or exported goods registered under single declaration forms.

41. Customs procedures for goods imported or exported on the spot.

42. Customs procedures for goods imported for creation of fixed assets of investment projects.

43. Customs procedures for goods brought into and out of free trade areas and non-tariff zones.

44. Customs procedures for goods brought into and out of tax-suspension warehouses.

45. Customs procedures for goods temporarily imported for re-export and temporarily exported for re-import for display at trade fairs, exhibition and product shows.

46. Customs procedures for temporary import for re-export of goods containers by the rotation mode.

47. Customs procedures for automobiles on entry (temporary import).

48. Customs procedures for automobiles on exit (re-export).

49. Customs procedures for delivery and receipt of intermediary processed products.

50. Customs procedures for re-export of materials, supplies, machinery and equipment temporarily imported for processing for foreign traders during the performance of processing contracts.

51. Procedures for temporary export of processed products abroad for re-processing before being re-imported back to Vietnam.

52. Customs procedures for construction equipment, machinery and vehicles and molds and models temporarily imported for re-export or temporarily exported for re-import for production, construction, implementation of projects, or experiments.

53. Customs procedures for components, spare parts and items temporarily imported for replacement and repair of foreign seagoing ships and aircraft.

54. Customs procedures for goods on sale at duty-free shops re-exported.

55. Customs procedures for goods on sale at duty-free shops sold into the domestic market.

56. Customs procedures for imported goods for which duties have been paid and made- in-Vietnam goods put on sale at duty-free shops.

57. Customs procedures for imported goods for sale at duty-free shops.

58. Customs procedures for petrol and oil temporarily imported for re-export.

59. Customs procedures for re-export of aircraft petrol and oil.

60. Customs procedures for import and temporary import of petrol and oil.

61. Customs procedures for export and re-export of petrol and oil.

62. Customs procedures for import of materials for petrol or oil production and processing.

63. Customs procedures for exported and imported goods and checked-in luggage of people on entry or exit which are strayed or mistakenly claimed.

64. Customs procedures for import or temporary import of two-wheeled mopeds for non- commercial purposes.

65. Procedures for import of used automobiles and motorcycles being property of moving overseas Vietnamese who have completed the formalities for permanent residence in Vietnam.

66. Procedures for re-export of automobiles and motorcycles of subjects entitled to privileges and immunities in Vietnam.

67. Procedures for temporary import of automobiles and motorcycles of subjects entitled to privileges and immunities in Vietnam.

68. Customs procedures for gas and liquefied petroleum gas (LPG) and materials imported or temporarily imported.

69. Customs procedures for gas and liquefied petroleum gas (LPG) and materials exported or re-exported.

70. Customs procedures for gas and liquefied petroleum gas (LPG) and materials temporarily imported and sold on the domestic market.

71. Customs procedures for gas and liquefied petroleum gas (LPG) and materials exported or imported via special-use pipelines or at offshore wells.

72. Customs procedures for gas and liquefied petroleum gas (LPG) and materials in transit.

73. Customs procedures for materials imported for production and mixing of gas and liquefied petroleum gas (LPG).

74. Customs procedures for materials imported for export processing of gas and liquefied petroleum gas (LPG).

75. Customs procedures for imported and exported goods sent via international air express delivery service.

76. Customs procedures for goods trading and barter by border inhabitants.

77. Customs procedures for cross-border import and export of goods.

78. Customs procedures for goods of people on entry or exit and vehicles on entry and exit across the border.

79. Customs procedures for goods trading in border marketplaces, border-gate marketplaces and marketplaces in border-gate economic zones.

80. Procedures for certification of declarations on origin of imported automobiles and two-wheeled mopeds.

81. Customs procedures for goods imported and exported to meet emergency requirements and for exclusive use for national defense and security purposes.

APPENDIX II

LIST OF ADMINISTRATIVE PROCEDURES OF THE MINISTRY OF INDUSTRY AND TRADE APPLYING THE NATIONAL SINGLE-WINDOW MECHANISM
(To Joint Circular No. 89/2016/TTLT-BTC-BCT of June 23, 2016, of the Ministry of Finance and the Ministry of Industry and Trade, guiding the implementation of the national single-window mechanism)

1. Procedures for licensing the import and export of industrial explosives.

2. Procedures for licensing the import of ozone layer-depleting substances.

3. Procedures for granting the Kimberley process certificates for rough diamond.

4. Procedures for granting form-D certificates of origin.

5. Procedures for automatically licensing the import of high-capacity motorcycles.

APPENDIX III

LIST OF E-DOCUMENTS
(To Joint Circular No. 89/2016/TTLT-BTC-BCT of June 23, 2016, of the Ministry of Finance and the Ministry of Industry and Trade, guiding the implementation of the national single-window mechanism)

1. E-documents to perform the single-window administrative procedures of the Ministry of Finance include:

a/ Customs e-declaration form;

b/ Decision on customs clearance and release of goods or storage of goods.

2. E-documents to perform the single-window administrative procedures of the Ministry of Industry and Trade include:

a/ For the procedures for grant of form-D certificates of origin (C/O):

a1/ Application for C/O;

a2/ Fully completed c/o form;

a3/ Customs e-declaration;

a4/ Form-D certificate of origin;

a5/ Other e-documents (if any) prescribed in specialized regulations of the Ministry of Industry and Trade.

b/ For the procedures for licensing the import and export of industrial explosives:

b1/ Application for import and export license;

b2/ Import and export license for industrial explosives;

b3/ Other e-documents (if any) prescribed in specialized regulations of the Ministry of Industry and Trade.

c/ For the procedures for licensing the import of ozone layer-depleting substances:

c1/ Application for registration of import of ozone layer-depleting substances;

c2/ Customs e-declaration;

c3/ Import license for ozone layer-depleting substances;

c4/ Other e-documents (if any) prescribed in specialized regulations of the Ministry of Industry and Trade.

d/ For the procedures for grant of Kimberley process certificates for rough diamond:

d1/ Application for grant of Kimberley process certificate;

d2/ Fully completed Kimbery export certificate;

d3/ Customs e-declaration;

d4/ Other e-documents (if any) prescribed in specialized regulations of the Ministry of Industry and Trade.

dd/ For the procedures for grant of automatic import licenses for high-capacity motorcycles:

dd1/ Application for registration of automatic import;

dd2/ Automatic import license;

dd3/ Other e-documents (if any) prescribed in specialized regulations of the Ministry of Industry and Trade.-

* Appendix IV to this Joint Circular is not translated.