Nghị định 85/2019/NĐ-CP thực hiện thủ tục hành chính theo cơ chế một cửa quốc gia ASEAN

DECREE

PRESCRIBING HANDLING OF ADMINISTRATIVE PROCEDURES VIA NATIONAL SINGLE WINDOW AND ASEAN SINGLE WINDOW AND SPECIALIZED INSPECTION FOR EXPORTS AND IMPORTS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Customs dated June 23, 2014;

Pursuant to the Law on Information Technology dated June 29, 2006;

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

Pursuant to the Law on Vietnam Civil Aviation dated June 29, 2006 and Amendments to some Articles of the Law on Vietnam Civil Aviation dated November 21, 2014;

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

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and Law on amendments to some Articles of the Law on Inland Waterway Transport dated June 17, 2014;

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

Pursuant to Law on Products and Goods Quality dated November 21, 2007;

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

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

Pursuant to the Law on Economical and Efficient Use of Energy dated June 17, 2010;

Pursuant to the Mineral Law dated November 17, 2010;

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

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

Pursuant to Law on Chemicals dated December 21, 2007;

Pursuant to the Mineral Law dated November 17, 2010;

Pursuant to the Publishing Law dated December 20, 2012;

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

Pursuant to the Law on Veterinary Medicine dated June 19, 2015;

Pursuant to the Law on Pharmacy dated April 06, 2016;

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

Pursuant to the Law on Fishery dated November 21, 2017;

Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears dated June 20, 2017;

To implement the Protocol amending the Marrakesh Agreement Establishing the World Trade Organization and the Agreement to Establish and Implement the ASEAN Single Window;

At the request of the Minister of Finance;

The Government promulgates a Decree prescribing handling of administrative procedures via National Single Window and ASEAN Single Window and specialized inspection for exports and imports

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for handling of administrative procedures concerning exports, imports and in-transit goods and outbound, inbound and in-transit vehicles via the National Single Window (“NSW”) and ASEAN Single Window (“ASW”); specialized inspection for exports, imports and in-transit goods; and management, use, exchange and sharing of data via the Vietnam National Single Window (“VNSW”).

Article 2. Regulated entities

1. Bodies, organizations and individuals involved in administrative procedures for exports, imports and in-transit goods and outbound, inbound and in-transit vehicles.

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

3. Data transmission service providers, digital signature and digital certificate providers and software providers.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “handle administrative procedures via the National Single Window” refers to the process where the declarant submits e-documents and information to carry out customs procedures and other administrative procedures related to exports, imports and in-transit goods and outbound, inbound and in-transit vehicles via the VNSW. It also refers to the process where administrative procedures handling authorities decide to permit export, import and transit of goods and exit, entry and transit of vehicles via the VNSW; and customs authorities decide to grant customs clearance and announce handling results via the VNSW.

2. “Vietnam National Single Window” means the integrated information system for handling of customs procedures and other administrative procedures related to exports, imports and in-transit goods; and outbound, inbound and in-transit vehicles.

3. “specialized processing system” means the information system of a ministry managing a sector or an area (“supervisory ministry”) for processing dossiers submitted by declarants and connecting and exchanging information via the VNSW in order to handle administrative procedures via the NSW.

4. “administrative procedures handling authority” (“handling authority”) means a body possessing power to handle administrative procedures according to regulations of laws for export, import and transit of goods; and exit, entry and transit of persons and vehicles.

5. “administrative dossier” means a set of information and documents for each administrative procedure that is declared, submitted or presented by a declarant via the NSW according to regulations of specialized laws.

6. “e-document” means the information electronically created, sent, received and stored to carry out administrative procedures via the VNSW. The e-document is one form of data messages and includes information declared or submitted by declarants, handling results from handling authorities, and notices from handling authorities to declarants via the VNSW.

7. “declarant” means an organization or individual carrying out an administrative procedure via the VNSW.

8. “user” means an entity granted access to the VNSW.

9. “ASEAN Single Window” refers to the environment where NSWs of ASEAN member states are connected.

10. “specialized inspection” refers to the process where a specialized inspecting body, on the basis of regulations of laws on technical regulations and standards, assesses and determines eligibility for export, import and transit of goods according to relevant regulations of laws.

Specialized inspection in terms of culture for exports and imports shall be carried out according to regulations of cultural laws.

11. “risk management in specialized inspection” means implementing a system of measures and business processes to determine, evaluate and classify risk levels, which serves as the basis for inspection decision, inspection method, inspection level and personnel assignment to efficiently perform specialized inspection.

12. “specialized inspecting body” means a Governmental body assigned by a supervisory ministry the tasks of specialized inspection of exports, imports or in-transit goods in terms of its specialized area specified in the Decree on functions, tasks, power and organizational structure of such ministry.

Article 4. Functions of Vietnam National Single Window

1. Receive e-documents, declared information and relevant information, verify digital signatures of declarants and handling authorities.

2. Send e-documents, declared information and relevant information of declarants to specialized processing systems and store declarant’s information on the VNSW for reference and statistical purposes.

3. Receive handling results and notices from specialized processing systems.

4. Inform handling results to declarants and relevant specialized processing systems.

5. Record statuses of e-transactions and e-documents made via the VNSW. Time limit for record of such statuses is specified by regulations of laws on e-transactions and regulations on document archiving of specialized laws.

6. Provide information, including information on handling  of administrative procedure and statistics, upon request from handling authorities and declarants as appropriate to the functions and power of handling authorities and rights and responsibilities of declarants.

7. Post regulations of specialized laws on management policies, administrative procedures and persons in charge as prescribed by this Decree.

8. Connect with information systems of other countries and territories according to concluded international agreements and international conventions to which Vietnam is a signatory (“adopted international conventions”).

Article 5. Principles of operation of Vietnam National Single Window

Principles of operation of Vietnam National Single Window:

1. Comply with regulations of laws on protection of state secrets and trade secrets, and other regulations of relevant laws.

2. Ensure administrative procedures are carried out accurately, transparently, impartially, adequately and promptly via the VNSW.

3. Enable organizations and individuals to carry out administrative procedures via the VNSW.

Article 6. E-transactions via Vietnam National Single Window

E-transactions via the VNSW (“e-transactions”) include:

1. Information declaration and receipt, and notification of processing of documents for administrative procedures carried out via the VNSW.

2. Receipt and transfer of declared information from the VNSW to specialized processing systems.

3. Receipt of handling results from specialized processing systems to the VNSW.

4. Exchange of information between specialized processing systems via the VNSW.

5.  Exchange of information between the VNSW and information systems of other countries and territories according to concluded international agreements and adopted international conventions.

Article 7. Management of Vietnam National Single Window

1. The unit managing the VNSW (“supervisory unit”) is the General Department of Vietnam Customs, an affiliate of the Ministry of Finance.

2. The supervisory unit shall:

a) Manage the technical aspect, operation, maintenance and upgrade of hardware systems, computer networks and security and safety systems serving the operation of the VNSW; establish and maintain network infrastructure for connection between the VNSW and specialized processing systems;

b) Manage, operate, maintain and upgrade the VNSW according to the requirements of relevant parties;

c) Manage and grant accounts to VNSW users;

d) Ensure the VNSW is available 24/7;

dd) Inform handling authorities of remedial plans and estimated remediation time when the VNSW experiences a problem;

e) Provide technical advice and assistance to specialized processing systems and declarants upon request; provide guidance for declarants on use of registered accounts to access the VNSW in the event of unexpected difficulties;

g) Store information and data and ensure safety thereof according to regulations of Article 9 herein;

h) Participate in negotiation and fulfill international agreements and conventions related to exchange of information between the VNSW and information systems of other countries and territories.

Article 8. Power to access Vietnam National Single Window and access levels

1. Declarants carrying out administrative procedures via the VNSW may access the VNSW to declare information, receive feedback on handling of administrative dossiers, receive administrative documents and results of handling of other administrative procedures, and peruse information published on the VNSW.

2. Customs authorities and handling authorities whose administrative procedures are being handled on the VNSW may access the VNSW to receive information, handle administrative procedures and notify results thereof as prescribed by specialized laws.

Article 9. Information and data storage and safety assurance

1. The supervisory unit shall store and back up information and data of e-transactions and ensure safety thereof; take necessary specialized, professional and technical measures to secure information and data on the VNSW, ensure accurate, timely and efficient information and data sharing for bodies, organizations, units and individuals.

2. Handling authorities shall store information and data sent to the VNSW that are retained in specialized processing systems and ensure safety thereof.

3. Declarants shall store information and data provided to the VNSW and ensure safety thereof according to regulations of specialized laws.

4. Data transmission service providers must ensure continuity, integrity and safety of information and data transmitted via their transmission services.

5. The supervisory unit and supervisory ministries shall ensure that the VNSW and specialized processing systems meet the requirements prescribed in the Government’s Decree No. 85/2016/ND-CP dated July 01, 2016 on security of information systems by classification and regulations of laws on information security and safety.

Article 10. Responsibilities of supervisory ministries for NSW implementation

1. The Ministry of Finance shall take charge and cooperate with other supervisory ministries in:

a) Announcing list of administrative procedures and administrative procedure handling timeline via the VNSW.

b) Finalizing the model for system of information connection and exchange, requirements for connection methods, technical standards and information indicators of service to implementation of the NSW;

c) Managing, operating and storing information and data, and handling incidents happening to the VNSW;

d) Announcing information and forms of e-documents prescribed in Point dd Clause 2 herein.

2. Relevant supervisory ministries shall:

a) Cooperate with the Ministry of Finance and relevant units in executing the contents prescribed in Points a, b, c and d Clause 1 herein;

b) Review administrative procedures of the sectors under their management to regulate methods for handling administrative procedures via the NSW in accordance with this Decree and announce administrative procedures as prescribed by law;

c) Manage e-transactions related to handling administrative procedures of their sectors;

d) Manage, operate and store information and data, and handle incidents happening to specialized processing systems of their sectors;

dd) Provide regulations on information and forms of e-documents under the management of their sectors according to requirements of specialized laws and in compliance with international standards.

Chapter II

PROVISIONS FOR HANDLING OF ADMINISTRATIVE PROCEDURES VIA NATIONAL SINGLE WINDOW SYSTEM

Article 11. Registration and revocation of user accounts of Vietnam National Single Window

1. Account registration for declarants:

a) Accounts are registered at https://vnsw.gov.vn;

b) If a declarant has been granted multiple accounts to access different specialized processing systems by supervisory ministries, the declarant may choose one of those accounts and register their information using Form No. 01 of the Appendix enclosed with this Decree;

c) If the declarant is not yet granted an account

The declarant shall register their information using Form No. 02 of Appendix I enclosed with this Decree.

The supervisory unit shall inspect the declarant’s information within 01 working day from the date of receipt of such information. The supervisory unit shall send an email to the declarant to request correction or supplement if the information is inadequate or inaccurate, or to reject the application and provide the explanation thereof, or to inform that the application has been accepted.

2. Account registration for officials of affiliates of supervisory ministries:

a) The supervisory ministry shall compile list of VNSW accounts to be granted, including full name, position, workplace and power to perform its functions on the VNSW, and send a written notice to the supervisory unit;

b) Within 03 working days from the date on which the supervisory ministry submitted a valid list of accounts to be granted, based on technical requirements for system security and safety assurance, the supervisory unit shall consider the number of accounts requested, grant accounts to the supervisory ministry and inform the default passwords and usernames to the supervisory ministry in writing. If the number of accounts granted is fewer than requested, the supervisory unit must provide a written explanation to the supervisory ministry.

3. Account registration for eligibility assessment bodies (“assessment bodies”)

Supervisory ministries shall compile and send lists of accounts to be granted to assessment bodies to the supervisory unit to have such accounts granted according to regulations of Clause 2 herein.

4. Locking user accounts

a) If an account needs to be locked, the declarant or supervisory ministries shall send the account’s information, reason for locking and requested locking date to the supervisory unit no later than 05 days from the date of such request in writing.

b) In case of an emergency that compromises data security or safety, the user or supervisory ministries shall notify the supervisory unit via telephone or email to have the account locked by the supervisory unit immediately. The supervisory unit shall inform the declarant or supervisory ministries in writing or via email or telephone no later than 05 working hours from the time the account is locked.

c) If the supervisory unit detects a risk to data security or safety, it shall lock the account at once and inform the declarant and supervisory ministries immediately after the locking is completed.

5. Activation of locked accounts

a) To resume using a locked account, the declarant or supervisory ministries shall send a written request which includes the account’s information, reason for activation and requested activation date to the supervisory unit.

b) The supervisory unit shall activate the locked account at the requested time mentioned in Point a herein. In case the requested time is earlier than the time of receipt of the activation request, or the requested time is 01 day after the time of receipt of the activation request or sooner, the account shall be activated 01 working day after the time of receipt of the activation request.

6. Account revocation

An account will be revoked by the supervisory unit if:

a) The declarant or assessment body requests their/its account be revoked in writing;

b) A supervisory ministry announces dissolution, bankruptcy or termination or suspension of operation of the declarant or assessment body;

c) A supervisory ministry sends a notice of revocation of the account granted to an official, public employee or another entity authorized to access the VNSW by supervisory ministries;

d) Other cases as prescribed by law

The person requesting account revocation must send a written request which includes the account’s information, reason for revocation and revocation time to the supervisory unit; for dissolution, bankruptcy or termination or suspension of operation of the declarant or assessment body, the time of dissolution, bankruptcy or termination or suspension of operation must be specified.

The supervisory unit shall revoke the account and send a notice of such action to the requester no later than 03 working days from the date of receipt of the revocation request.

7. Account management

a) Responsibilities of users

Ensure safety and confidentiality of the account granted to access the VNSW. Promptly inform the supervisory unit in case of loss or divulgence of the account’s information, which might compromise data safety or security.

b) Responsibilities of supervisory ministries

Manage use of VNSW accounts of officials, public employees and assessment bodies; promptly notify the supervisory unit of any change to user or account’s information, dissolution, bankruptcy, termination or suspension of operation or revocation of the designation decision of assessment bodies.

Article 12. Use of digital signatures for handling administrative procedures via Vietnam National Single Window

In case a regulation of specialized laws requests the use of digital signatures, the declarant must use digital signatures to carry out administrative procedures via the VNSW and comply with the following regulations:

1. Use of digital signatures and legal value of digital signatures are prescribed by regulations of laws on digital signatures and digital signature authentication.

2. Digital signatures used in administrative procedures must be authenticated by digital certificates of public digital signature certification authorities; or foreign digital certificates licensed to be used in Vietnam.

3. If the declarant has registered to use many digital signatures with specialized processing systems, the declarant has the right to choose one of such digital signatures.

4. Before using their digital signature for administrative procedures via the VNSW, the declarant must register such digital signature with the supervisory unit. Such registration may be carried out along with the request for a user account. If the declarant has already possessed a user account but not yet registered their digital signature or would like to register an additional digital signature, they shall use their registered account to access the VNSW and fill in the following information:

a) Name and tax ID number of the importer or exporter;

b) Full name, number of identity card, passport or another document of equivalent value, and position (if any) of the person granted the digital certificate;

c) Serial number of the digital certificate;

d) Validity period of the digital certificate.

5. In case of change to registered information, extension of the digital certificate or change of the key pair, the declarant must re-register the information specified in Clause 3 herein with the supervisory unit. Such re-registration shall follow the procedure for new registration.

Article 13. Handling administrative procedures via Vietnam National Single Window

1. Administrative procedures via Vietnam National Single Window shall be handled in the following order:

a) The declarant or handling authority submits information concerning the administrative procedure via the VNSW;

b) The VNSW receives the information, assigns a number to the dossier and forwards it to specialized processing systems;

c) Handling authorities receive and handle the information, inform the process of receipt and handling, and announce the handling result via the VNSW;

d) The VNSW informs the process of receipt and handling, handle the information, and announce the handling result to the declarant and relevant specialized processing systems.

2. Responsibilities of declarants:

a) Declare, submit administrative dossiers and fulfill requirements for procedures handling from handling authorities upon carrying out administrative procedures via the VNSW.

Declarants may use the tools provided by data transmission service providers to create information to fulfill the responsibilities prescribed in this Point;

b) Pay tax, fees, charges and other amounts payable as prescribed by law;

c) Be answerable to the law for accuracy and honesty of the declared information and submitted or presented documents; and consistency between physical documents and e-documents.

3. Responsibilities of handling authorities:

a) Handle administrative procedures as prescribed by relevant laws;

b) Send licenses or announce handling results for exports, imports and in-transit goods; and outbound, inbound and in-transit vehicles via the VNSW;

c) Customs authorities shall decide to grant clearance to exports, imports and in-transit goods on the basis of the licenses and handling results received on the electronic customs data processing system from handling authorities via the VNSW.

4. In case of a technical problem or force majeure event that impedes handling of administrative procedures via the VNSW, such procedures shall be carried out according to regulations of Article 17 herein.

Article 14. Administrative dossiers submitted to National Single Window

1. Documents included in administrative dossiers submitted to the NSW include e-documents and physical documents.

2. E-documents comprise declarations, applications, confirmations of application or other forms declared or informed via the VNSW to be used in administrative procedures.

E-documents also include e-documents converted from physical documents.

3. Requirements for e-documents submitted to the VNSW for use in administrative procedures:

a) E-documents must be created based on indicators and forms specified by supervisory ministries;

b) Sending, receipt, storage and legal value of e-document are prescribed by e-transaction laws and regulations of other relevant laws;

c) E-documents must comply with regulations of laws on administrative procedures;

d) For the administrative procedures that require digital signatures, e-documents must contain digital signatures of authorized persons as prescribed by laws on administrative procedures.

4. Physical documents shall be submitted to handling authorities if:

a) Regulations of specialized laws require such documents to be submitted in physical form;

b) The VNSW or a specialized processing system encounters a problem or an error and is unable to receive or exchange electronic information.

Forms and contents of physical documents and submission or presentation thereof are regulated by specialized laws.

5. Declarants must retain e-documents and physical documents as per the law.

Article 15. Conversion from e-documents into physical documents and conversion from physical documents to e-documents

1. Conversion from e-documents into physical documents and vice versa shall be carried out as prescribed by e-transaction laws, specialized laws and regulations of Clauses 2 and 3 herein.

2. Requirements for an e-document converted from a physical document to be declared or presented to handling authorities:

a) It must specify the contents of the physical document; and

b) It must contain a digital signature registered for use on the VNSW of the declarant.

3. Requirements for a physical document converted from an e-document issued via the VNSW:

a) It must specify the contents of the e-document;

b) It must bear signs denoting that it was converted from an e-document issued via the VNSW. Such signs include information indicating that the document was digitally signed by a licensing authority or the supervisory unit; name, email address and phone number of the signer and date of digital signature, which shall be announced by the supervisory unit at https://vnsw. gov. vn;

c) It must bear the valid signature, full name and seal of the person making the conversion (the declarant).

Article 16. Receipt and resolution of difficulties encountered by users

1. Users shall report difficulties encountered via calling the VNSW switchboard, email or sending reports to support units of supervisory ministries.

Information on the VNSW switchboard and email address are published on the VNSW/websites of supervisory ministries.

2. Responsibilities of support units receiving difficulties:

a) Receive and proactively handle difficulties concerning their ministries or regulatory bodies;

b) Promptly forward difficulties concerning another ministry or regulatory body or difficulties that shall be handled in an interdisciplinary manner to relevant support units.

3. Responsibilities of the online support unit of the supervisory unit:

a) Act as the contact point for receipt and take charge in handling difficulties related to the VNSW and dealing with matters outside of handling competence of ministries or regulatory bodies in an interdisciplinary manner;

b) Develop a Question - Answer database which serves as the basis for user support.

Article 17. Problem solving

In case the VNSW encounters a problem or force majeure event and is unable to exchange or provide information electronically, resolution procedures are as follows:

1. The supervisory unit shall immediately announce the problem on the VNSW and provide the information mentioned in Point dd Clause 2 Article 7 for relevant handling authorities via official dispatches, telephone or email using the addresses given to the supervisory unit.

2. Handling authorities shall inform declarants in writing or via email using the declarants’ registered addresses to complete the on-going procedures on the VNSW.

3. During the remediation time, administrative procedures shall be carried out via one of the following methods:

a) By physical dossiers;

b) Via specialized processing systems following the instructions from handling authorities or instructions from handling authorities in compliance with regulations of specialized laws.

4. The supervisory unit shall announce list of administrative procedures to be carried out outside of the VNSW while the problem is taking place.

5. Handling authorities must review, compare and upload data to the VNSW no later than 01 working day after the problem has been solved.

Chapter III

ADMINISTRATIVE PROCEDURES FOR EXPORTS, IMPORTS AND IN-TRANSIT GOODS

Section 1. ADMINISTRATIVE PROCEDURES FOR EXPORTS, IMPORTS AND IN-TRANSIT GOODS VIA VIETNAM NATIONAL SINGLE WINDOW

Article 18. Declaration, change to declared information and submission of documents included in administrative dossiers

1. For declared information created electronically, declaration and change to declared information may be carried out via one of the following methods:

a) Create declared information according to the indicators and forms formulated by supervisory ministries based on data standards provided for by the supervisory unit; and send to the VNSW; or

b) Declare directly on the VNSW.

2. Changing declared information is stipulated by relevant regulations of laws on administrative procedures.

3. Submission of documents included in administrative dossiers is provided for by regulations of Article 14 of this Decree.

Article 19. Receipt and processing of administrative dossiers and announcement of results thereof

1. The VNSW shall:

a) Receive electronically declared information 24/7;

b) Give feedback on electronically declared information to declarants and automatically forward such information to specialized processing systems.

2. Handling authorities shall:

a) Receive and process administrative dossiers;

b) Inform receipt and acceptance or rejection of dossiers or request for correction of or supplement to dossiers to declarants and bodies involved in handling administrative procedures via the VNSW;

c) Inform processing results to declarants and relevant bodies via the VNSW.

Time limits for processing administrative dossiers and informing receipt of dossiers and processing results are specified by regulations of specialized laws.

Article 20. Exchange of information between Vietnam National Single Window and specialized processing systems

Automatic exchange of information between the VNSW and specialized processing systems is specified as follows:

1. The VNSW shall:

a) Send information in administrative dossiers to specialized processing systems of handling authorities;

b) Receive notice of receipt of administrative dossiers and processing results from specialized processing systems, forward such results to other relevant specialized processing systems;

c) Provide customs declarations and processing results of customs authorities related to administrative procedures of handling authorities for relevant handling authorities upon request.

2. Specialized processing systems shall:

a) Receive information in administrative dossiers from the VNSW;

b) Inform successful receipt or error to the VNSW;

c) Inform acceptance or rejection of dossiers or request for correction of or supplement to dossiers to the VNSW;

d) Inform results of processing of administrative dossiers by handling authorities to the VNSW.

Section 2. SPECIALIZED INSPECTION FOR EXPORTS, IMPORTS AND IN-TRANSIT GOODS

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

1. Apply principles of risk management and evaluation of compliance with specialized laws of organizations and individuals to ensure efficiency and validity of state management and facilitate export, import and transit.

2. Specialized inspecting bodies shall conduct specialized inspection on the basis of technical regulations and standards applicable to inspected products announced on the VNSW by supervisory ministries.

Depending on management requirements, supervisory ministries may designate assessment bodies meeting conditions prescribed by law to perform a number of specialized inspecting tasks.

3. Exemption from specialized inspection is granted to the following goods:

a) Goods granted the certificate of conformity, declaration of conformity or certificate of registration of international or regional quality management system according to regulations of supervisory ministries;

b) Goods whose conformity assessment results are recognized by adopted international conventions.

4. Goods shall be added to list of exports subject to pre-clearance specialized inspection, list of imports subject to pre-clearance specialized inspection or list of imports subject to post-clearance specialized inspection according to regulations of specialized laws and the following requirements:

a) Names and HS codes of the goods must be specified according to regulations of specialized laws and Vietnam’s nomenclature of exports and imports;

b) There are technical regulations and/or standards applied to inspected products to provide the basis for inspection of the goods;

c) There are regulations on inspection procedures, inspection period, specialized inspecting bodies and designated assessment bodies (if any).

5. Goods shall be added to the list of imports subject to pre-clearance specialized inspection according to goods management requirements of each period of time and if they pose large threat to safety, human health or lives, morals, fine traditions and customs, the economy or national security; or facilitate the spread of epidemics or environmental pollution.

6. Supervisory ministries shall inspect the goods included in the list of imports subject to post-clearance specialized inspection according to regulations of laws; the inspection results shall be used to modify the list of imports subject to pre-clearance specialized inspection and evaluate compliance of organizations and individuals so as to decide method and level of specialized inspection.

Article 22. Cases granted exemption from pre-clearance specialized inspection

1. Cases granted exemption from specialized inspection are specified by the law and regulations of adopted international conventions.

2. Besides the cases mentioned in Clause 1 herein, exemption from state inspection of food safety is granted to the following cases:

a) Imports which are delivered by post or EMS and under the de minimis value according to regulations of tax laws;

b) Imports which are included in list of duty-free goods, within the duty-free allowance prescribed by law, and of service to operation and daily life of foreign organizations granted diplomatic privileges and immunities

c) Inbound person’s baggage that is within the duty-free allowance;

d) In-country exports.

3. Besides the cases mentioned in Clause 1 herein, exemption from specialized inspection is granted to the following cases:

a) Imports which are delivered by post or EMS and under the de minimis value according to regulations of tax laws;

b) Goods temporarily imported to be sold in duty-free stores;

c) In-country exports.

4. The regulations in Clauses 1, 2 and 3 herein are not applicable to the cases issued with a warning about food safety, the spread of epidemics, environmental pollution, or posing threat to human health or lives, morals, fine traditions and customs, the economy or national security; or with a written notice of annulment of exemption from pre-clearance specialized inspection by supervisory ministries.

Article 23. Clearance for exports subject to specialized inspection

1. For goods included in the list of exports subject to pre-clearance specialized inspection, customs authorities shall decide to grant clearance after the declarant has completed customs procedures as prescribed by law and acquired one of the following documents:

a) A notice of exemption from inspection from a specialized inspecting body, excluding the cases granted exemption mentioned in Article 22 herein;

b) A notice that the goods have passed inspection from a specialized inspecting body;

c) A notice of conformity with corresponding technical regulations or standards from a designated assessment body, which serves as the basis for clearance according to regulations of specialized laws.

2. In case goods not included in the list of exports subject to pre-clearance specialized inspection undergo specialized inspection per the declarant or importing country’s request, the declarant is not required to submit the inspection result to customs authorities when carrying out customs procedures.

Article 24. Clearance for imports subject to specialized inspection

1. For goods included in the list of imports subject to pre-clearance specialized inspection, customs authorities shall decide to grant clearance after the declarant has completed customs procedures as prescribed by law and acquired one of the following documents:

a) A notice of exemption from inspection from a specialized inspecting body, excluding the cases granted exemption mentioned in Article 22 herein;

b) A notice that the goods have passed inspection from a specialized inspecting body;

c) A notice of conformity with corresponding technical regulations or standards from a designated assessment body, which serves as the basis for clearance according to regulations of specialized laws.

2. If the administrative procedures for specialized inspection are carried out via the VNSW, the importer shall submit the application for specialized inspection to the specialized inspecting body via the VNSW and is not required to submit an application for specialized inspection verified by the specialized inspecting body to customs authorities according to regulations of Point b Clause 2a and Point b Clause 2b Article 7 of the Decree No. 132/2008/ND-CP dated December 31, 2008 providing specific guidance on enforcement of the Law on Products and Goods Quality amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP dated May 15, 2018.

3. If the actual import quantity is in excess of the amount declared in the customs declaration but such imports are identical goods from the same importer, of the same origin and manufacturer and transported by the same vehicle with the same bill of lading, excluding machinery, equipment and vehicles, the declarant may use the specialized inspection result of said declaration for clearance after fulfilling all tax liabilities and executing handling decisions (if any) as per the law.

Article 25. Responsibilities of relevant parties for pre-clearance specialized inspection

Besides those prescribed by regulations of specialized laws, declarants, designated assessment bodies and specialized inspecting bodies shall also bear the following responsibilities:

1. Responsibilities of declarants

a) Only sell goods included in the list of imports subject to pre-clearance specialized inspection once such goods have passed the specialized inspection or have been granted exemption from specialized inspection and given clearance by customs authorities;

b) Execute handling decisions from competent authorities, incur all relevant costs and take remedial actions according to regulations of laws.

2. Responsibilities of specialized inspecting bodies

a) Receive and review declarants’ applications for inspection;

b) Inspect and evaluate goods upon request of specialized laws; inform inspection results to declarants and customs authorities;

c) Handle ex officio or report and propose handling measures for imports and exports not meeting technical regulations or standards to competent authorities;

d) Ensure impartiality, accuracy and transparency and prevent discrimination in specialized inspection; keep inspection results confidential as per the law;

dd) Be answerable to the law for inspection results;

e) Provide information and cooperate with customs authorities in supervising goods owner taking remedial measures for unqualified goods according to decisions of competent authorities;

g) Request competent authorities to formulate list of imports subject to pre-clearance specialized inspection, list of exports subject to pre-clearance specialized inspection, and simplification of procedures and methods for receiving and handling dossiers and informing inspection results via the VNSW.

3. Responsibilities of designated assessment bodies

a) Perform some tasks of specialized inspection within the designated scope; be answerable to the law and specialized inspecting bodies for the results of such performance;

b) Provide assessment results by deadline to specialized inspecting bodies to form the grounds for concluding conformity of goods with technical regulations or standards;

c) Keep information, figures and eligibility assessment results confidential, unless otherwise requested by competent authorities;

d) Retain samples and dossiers according to regulations of laws;

dd) Comply with inspection of operation of eligibility assessment as prescribed by law.

Article 26. Responsibilities of supervisory ministries

1. Responsibilities of supervisory ministries

a) Conduct specialized inspection on the basis of risk management and evaluation of compliance with specialized laws of organizations and individuals during specialized inspection to ensure efficiency and validity of state management and facilitate export, import and transit;

b) Promulgate and announce the list of goods subject to specialized inspection according to regulations of Article 21 of this Decree on the VNSW;

c) Announce on the VNSW the following: list of goods to which advanced quality management systems according to international or regional standards are applied as prescribed by Clause 4 Article 27 of the Law on Products and Goods Quality; and advanced quality management systems according to international or regional standards;

d) Stipulate and announce the following on the VNSW: specialized inspecting bodies; designated scopes of work in specialized inspection, criteria for designation of assessment bodies; procedures, timeline and methods for specialized inspection in connection with  responsibilities of specialized inspecting bodies and designated assessment bodies; conditions for exemption from inspection, dossier inspection or dossier inspection combined with physical inspection; list of assessment bodies certified to serve state management according to international conventions; list of assessment bodies designated to promulgate the notices of conformity mentioned in Point c Clause 1 Article 23 and Point c Clause 1 Article 24 of this Decree;

dd) In accordance with regulations of this Decree, supervisory ministries shall take charge in reviewing legislative documents they promulgated or proposed to competent authorities for promulgation; in case regulations contradicting this Decree are found, promulgate or propose legislative documents guiding the implementation of this Decree to competent authorities for promulgation.

2. Responsibilities of the Ministry of Finance

Take charge and cooperate with supervisory ministries in identifying HS codes of goods included in lists of goods subject to specialized inspection according to regulations of Article 21 of this Decree for supervisory ministries to promulgate and announce as per regulations.

Article 27. Cooperation in specialized inspection

1. The supervisory unit shall take charge and cooperate with supervisory ministries in establishing methods and contents for sharing information and data on the goods subject to post-clearance specialized inspection prescribed by Clause 6 Article 21 herein.

2. If, during customs procedures, the customs authority detects that imports subject to specialized inspection show signs of not meeting applicable technical regulations or standards, it shall inform the specialized inspecting body for the specialized inspecting body to take note and prevent the goods from being taken to storage.

3. If a supervisory ministry or an assessment body receives information that the goods to be imported show signs of not meeting technical regulations or standards or determines that the imports are of the same type as a product detected to be unqualified, it shall take inspection measures as appropriate and inform customs authorities to prevent the goods from being taken to storage.

4. If, during inspection or sampling of goods in storage, a specialized inspection body or designated assessment body detects that the quantity or type of goods does not match the information in the application for specialized inspection; or the goods have been partially or completely sold without permission, it shall notify customs authorities for cooperation in handling.

5. The designated assessment bodies mentioned in Point c Clause 1 Article 23 and Point c Clause 1 Article 24 herein shall conduct eligibility assessments and submit reports according to regulations of specialized laws; and send results of such assessments to declarants, specialized inspecting bodies and customs authorities via the VNSW.

Chapter IV

ADMINISTRATIVE PROCEDURES FOR OUTBOUND, INBOUND AND IN-TRANSIT VEHICLES

Section 1. ADMINISTRATIVE PROCEDURES FOR OUTBOUND, INBOUND AND IN-TRANSIT AIRCRAFTS

Article 28. Exchange of information for administrative procedures for outbound, inbound and in-transit aircrafts at international airports

1. Handling of procedures; exchange, sharing and use of information for outbound, inbound and in-transit aircrafts; and provision of information on passengers and goods at international airports in advance shall be carried out via the VNSW.

2. The Ministry of Finance, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Public Security and Ministry of Transport shall develop and connect their systems with the VNSW for receipt and processing of information or directly access the VNSW to receive and process information.

Article 29. Procedures for declaration and provision and processing of information for inbound aircrafts

1. The declarant shall submit an e-dossier to carry out procedures for the inbound aircraft according to regulations of Clause 1 Article 61 of the Government’s Decree No. 08/2015/ND-CP dated January 21, 2015 amended by Clause 32 Article 1 of the Decree No. 59/2018/ND-CP dated April 20, 2018.

Deadline for submission of the e-dossier and information indicators of documents mentioned herein is specified in Clauses 1 and 5 Article 62 of the Decree No. 08/2015/ND-CP amended by Clause 33 Article 1 of the Decree No. 59/2018/ND-CP.

2. Physical documents shall be submitted or presented according to regulations of specialized laws if regulations of specialized laws require such submission or presentation.

3. The VNSW shall automatically inform receipt of the documents mentioned in Clause 1 herein.

4. The handling authority at the airport shall receive, handle and confirm completion of procedures for the inbound aircraft via the VNSW for the declarant and relevant parties no later than 01 hour starting from the time the declarant submits or presents the adequate dossier as per the law.

5. The airport authority shall receive information related to the flight via the VNSW to support specialized management.

6. The exit and entry control unit shall receive information on the flight, passenger list, crew list and booking information (PNR information) via the VNSW to process according to regulations of specialized laws.

7. The customs authority shall receive the documents mentioned in Clause 1 herein and confirm completion of customs procedures for the inbound aircraft via the VNSW.

8. The border health quarantine body, animal quarantine body and plant quarantine body shall receive information related to the flight via the VNSW to support specialized management of health quarantine, animal quarantine and plant quarantine.

9. Modification of declared information in the declaration dossier via the VNSW:

a) The declarant shall modify information in the declaration dossier via the VNSW;

b) The handling authority shall receive the modified information to handle e-procedures for the inbound aircraft;

c) Modification of declarant’s information when carrying out procedures for the inbound aircraft is stipulated in Clause 6 Article 62 of the Decree No. 08/2015/ND-CP added via Clause 33 of Article 1 of the Decree No. 59/2018/ND-CP.

Article 30. Procedures for declaration and provision and processing of information for outbound aircrafts

1. The declarant shall submit an e-dossier to carry out procedures for the outbound aircraft according to regulations of Clause 2 Article 61 of the Decree No. 08/2015/ND-CP amended by Clause 32 Article 1 of the Decree No. 59/2018/ND-CP.

Deadline for submission of the e-dossier and information indicators of documents mentioned herein is specified in Clauses 2 and 5 Article 62 of the Decree No. 08/2015/ND-CP amended by Clause 33 Article 1 of the Decree No. 59/2018/ND-CP.

2. Physical documents shall be submitted or presented according to regulations of specialized laws if regulations of specialized laws require such submission or presentation.

3. The VNSW shall automatically inform receipt of the documents mentioned in Clause 1 herein.

4. The handling authority at the airport shall receive, handle and confirm completion of procedures for the outbound aircraft via the VNSW for the declarant and relevant parties no later than 01 hour starting from the time the declarant submits or presents the adequate dossier as per the law.

5. The airport authority shall receive information related to the flight via the VNSW to support specialized management and notify if there is any passenger banned from flying.

6. The exit and entry control unit shall receive information on the flight, passenger list, crew list and booking information (PNR information) via the VNSW to process according to regulations of specialized laws.

7. The customs authority shall receive the documents mentioned in Clause 1 herein and confirm completion of customs procedures for the outbound aircraft via the VNSW.

8. The border health quarantine body, animal quarantine body and plant quarantine body shall receive information related to the flight via the VNSW to support specialized management of health quarantine, animal quarantine and plant quarantine.

9. Modification of declared information in the declaration dossier via the VNSW:

a) The declarant shall modify information in the declaration dossier via the VNSW;

b) The handling authority shall receive the modified information to handle e-procedures for the outbound aircraft;

c) Modification of declarant’s information when carrying out procedures for the outbound aircraft is stipulated in Clause 6 Article 62 of the Decree No. 08/2015/ND-CP added via Clause 33 of Article 1 of the Decree No. 59/2018/ND-CP.

Article 31. Declaration and provision and processing of information to carry out procedures for in-transit aircrafts

Procedures for declaration and provision and processing of information for an aircraft entering Vietnam are specified in Article 29 herein. When such aircraft exits Vietnam, if there is change to the dossier submitted upon its entry, the procedures prescribed in Article 30 herein shall be followed.

Section 2. ADMINISTRATIVE PROCEDURES FOR WATERCRAFTS INGOING, OUTGOING, IN TRANSIT, ENTERING OR EXITING SEAPORTS, INLAND PORTS AND OFFSHORE OIL PORTS AND OPERATING IN TERRITORIAL WATERS OF VIETNAM

Article 32. Information exchange for procedures for watercrafts ingoing, outgoing, in transit, entering or exiting seaports, inland ports and offshore oil ports and operating in territorial waters of Vietnam

Information exchange and handling of procedures for watercrafts ingoing, outgoing, in transit, entering or exiting seaports, inland ports and offshore oil ports and operating in territorial waters of Vietnam shall be carried out via the VNSW.

Article 33. Dossiers and deadline for declaration and carrying out procedures for watercrafts ingoing, outgoing, in transit, entering or exiting seaports, inland ports and offshore oil ports and operating in territorial waters of Vietnam

1. Dossiers

Dossiers to be declared or presented to carry out procedures for watercrafts ingoing, outgoing, in transit, entering or exiting seaports, inland ports and offshore oil ports are prescribed by regulations in the Decrees No. 58/2017/ND-CP, No. 59/2018/ND-CP, No. 77/2017/ND-CP and No. 89/2018/ND-CP.

2. Deadline for dossier submission

The declarant shall notify the entry, exit or transit of the watercraft at the port according to regulations of Article 87 of the Decree No. 58/2017/ND-CP; and confirm the arrival of the watercraft at the port according to regulations of Article 88 of the Decree No. 58/2017/ND-CP. The deadline for declaration of other documents is as follows:

a) For inbound watercrafts

- For the general declaration, cargo declaration, master bill of lading and house bill of lading: No later than 12 hours before the estimated time of arrival for watercrafts whose courses last under 05 days; and no later than 24 hours before the estimated time of arrival for the other watercrafts;

- For the crew list, passenger list, ship's store declaration, crew baggage declaration and dangerous goods manifest: No later than 08 hours before the estimated time of arrival;

- For the maritime declaration of health: No later than 02 hours before the watercraft arrives at the boarding and landing areas;

- For the declaration of weapons and explosives and declaration of stowaway: No later than 04 hours before the estimated time of arrival;

- For other documents: No later than 02 hours from the time the watercraft is anchored to a wharf or 04 hours from the time the watercraft is anchored to another structure in the port water; or no later than 24 hours after the watercraft returns to shore if it enters an offshore oil port.

b) For outbound watercrafts:

For the crew list, passenger list, declaration of weapons and explosives and declaration of stowaway: No later than 02 hours before the estimated time of departure. For other documents: No later than 01 hour before the estimated time of departure.

For passenger ships and liners: the documents shall be submitted upon departure.

c) In-transit watercrafts shall implement the regulations of Point a herein upon entry and, if there is change to the documents presented or submitted upon entry, implement the regulations of Point b herein.

3. Administrative procedures for Vietnamese and Cambodian inland watercrafts entering or exiting Vietnamese inland ports are stipulated by the Prime Minister.

Article 34. Responsibilities of handling authorities

1. Handling authorities shall review documents submitted electronically or physical documents presented and handle procedures for watercrafts according to their assigned tasks and regulations of the Decrees No. 58/2017/ND-CP, No. 59/2018/ND-CP and No. 77/2017/ND-CP.

2. In the event that state management authorities cooperating in handling have different opinions on one document declared by the declarant, handling authorities shall act as the contact point and make the final decision. To be specific:

a) Maritime port authorities and inland port authorities shall bear the main responsibility and have the power to make the final decision for general declarations;

b) Customs authorities shall bear the main responsibility and have the power to make the final decision for the following documents: cargo declarations, dangerous goods manifests, baggage declarations and ship's store declarations;

c) Border guard authorities at border checkpoints shall bear the main responsibility and have the power to make the final decision for the following documents: passenger lists, crew lists, declarations of stowaway and declarations of weapons and explosives;

d) Animal quarantine authorities shall bear the main responsibility and have the power to make the final decision for animal quarantine declarations;

dd) Plant quarantine authorities shall bear the main responsibility and have the power to make the final decision for plant quarantine declarations;

e) Health quarantine authorities shall bear the main responsibility and have the power to make the final decision for the following documents: maritime declarations of health, ship sanitation control exemption certificates/ship sanitation control certificates, certificates of health inspection/control for cargo (on vessel) and vessel (if any), health quarantine declarations of corpses, bones and body ash (if any), health quarantine declarations of microorganism samples, biological products, tissues and human body organs (if any).

3. E-permits

No later than 01 hour from the time the declarant has submitted or presented the adequate documents as regulated, state management authorities shall handle the procedures according to regulations of specialized laws and inform the results to maritime port authorities or inland port authorities to complete the procedures for outbound, inbound and in-transit watercrafts. To be specific:

a) Customs authorities shall confirm the completion of customs procedures for outbound, inbound and in-transit watercrafts via the VNSW. For inbound watercrafts transporting goods banned from import, suspended imports or goods not meeting regulations of environmental protection laws, customs authorities shall notify the watercraft’s captain and port service providers to prevent the cargoes from being unloaded, excluding the cases where the permit from a competent authority has been obtained;

b) Border guard authorities at border checkpoints shall confirm the completion of procedures for passengers and crew and of security procedures for inbound, outbound and in-transit watercrafts via the VNSW;

c) Animal quarantine authorities shall confirm the time of completion of application for animal quarantine for the goods subject to animal quarantine via the VNSW according to regulations of the Law on Veterinary Medicine and other regulations of relevant laws;

d) Plant quarantine authorities shall confirm the time of completion of application for plant quarantine for the goods included in the list of plant quarantine articles via the VNSW. Plant quarantine authorities shall notify the declarant of the time for physical inspection of the shipment according to regulations of the Law on Plant Protection and Quarantine;

dd) Health quarantine authorities shall confirm the time of completion of application for health quarantine for watercrafts departing from or traveling through an epidemic zone, or watercrafts carrying persons departing from or traveling through an epidemic zone or deceased persons, or watercrafts carrying body ash, corpses, tissues or human body organs;

e) Maritime port authorities or inland waterway authorities shall confirm the completion of procedures for inbound watercrafts or grant exit permits or transit permits via the VNSW.

4. Cooperation in receipt and exchange of information

a) In case a watercraft is not permitted to enter or exit according to regulations of adopted international conventions or Vietnamese law, handling authorities must provide the explanation via the VNSW for relevant parties for their cooperation in handling.

b) If handling authorities fail to provide handling results by the deadline prescribed in Clause 3 herein, maritime port authorities shall decide the contents mentioned in Point e Clause 3 herein.

c) In case the declared information is found to be inaccurate, inadequate or invalid, handling authorities shall instruct the declarant to make the necessary change and inform relevant bodies via the VNSW.

d) If an authority rejects an electronic dossier but still processes the corresponding physical dossier offline, such authority shall provide the explanation via its system and inform the result to relevant parties via the VNSW. Other handling authorities may decide to continue to process said dossier on their systems or switch to the corresponding physical dossier.

Section 3. ADMINISTRATIVE PROCEDURES FOR RAILWAY VEHICLES AND LAND VEHICLES

Article 35. Information exchange for administrative procedures for railway vehicles and land vehicles

Procedures and information exchange for outbound, inbound and in-transit railway and land vehicles at land and railway border checkpoints shall be carried out via the VNSW.

Article 36. Administrative procedures

Administrative procedures for outbound, inbound and in-transit railway and land vehicles via the NSW are stipulated by the Prime Minister.

Chapter V

ADOPTION OF INTERNATIONAL CONVENTIONS ON EXCHANGE OF INFORMATION AND E-DOCUMENTS TO CARRY OUT ADMINISTRATIVE PROCEDURES VIA NATIONAL SINGLE WINDOW

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

1. The VNSW shall act as the contact point for receipt and exchange of information and e-documents of Vietnamese state agencies with bodies and organizations of countries and territories which have signed agreements or conventions on exchange of information and e-documents with Vietnam (“co-signatories").

2. Exchanged contents and technical standards shall adhere to concluded international agreements and adopted international conventions.

Article 38. Legal value of information and e-documents exchanged according to international agreements and conventions on exchange of information and e-documents

Requirements for information and e-documents exchanged between Vietnamese state agencies and bodies and organizations of co-signatories via the VNSW to have legal value equivalent to that of physical documents:

1. They meet all requirements prescribed by international agreements and conventions on exchange of information and e-documents to which Vietnam is a signatory (“exchange agreements”).

2. They are recognized to have legal value equivalent to that of physical documents by exchange agreements.

3. They meet all the requirements specified in Clause 3 Article 14 herein.

Article 39. Implementation of ASEAN Single Window

1. Exchange, use and sharing of information and e-documents via the VNSW to implement the ASW must be carried out according to agreements on ASW implementation concluded or acceded to by Vietnam.

2. Information and data exchanged and shared by the NSW of a member state to the NSW of another member state via the ASW shall be used and stored according to regulations of agreements on ASW implementation concluded or acceded to by Vietnam.

3. Customs authorities shall use the information and e-documents transmitted and exchanged via the ASW to grant clearance to exports, imports and in-transit goods and to exchange and share information with relevant ministries.

Article 40. Responsibilities of supervisory ministries for information exchange to implement international agreements and conventions on information and e-document exchange

1. The Ministry of Finance shall take charge and cooperate with relevant ministries and regulatory bodies in:

a) Developing and deploying the VNSW to implement the ASW and exchange information with co-signatories;

b) Proposing mutual recognition of information and e-documents exchanged with other countries and territories to simplify dossiers and procedures and facilitate clearance and release of imports, exports and in-transit goods; and entry, exit and transit of persons and vehicles.

2. The Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Transport, Ministry of Finance and relevant ministries and regulatory bodies shall cooperate with each other in exchanging information, electronic documents of origin, electronic quarantine documents, transport documents and other relevant commercial documents with ASEAN member states and other countries and territories via the VNSW.

Chapter VI

IMPLEMENTATION CLAUSE

Article 41. Effect

1. This Decree takes effect from January 01, 2020.

2. The following regulations are hereby annulled:

a) Decision No. 43/2017/QD-TTg dated September 26, 2017 by the Prime Minister on responsibility for completion of procedures for departure, arrival and transit of aircrafts through the National Single Window;

b) Articles 4, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23; and regulations related to procedures for  departure, arrival, entry into and exit from inland ports of watercrafts prescribed in Articles 5, 6, 7 and 10 of the Decision No. 34/2016/QD-TTg dated August 23, 2016 by the Prime Minister on regulations on e-procedures for watercrafts’ entry into and exit from seaports, inland ports and offshore oil ports via the NSW.

c) Article 8 of the Government’s Decree No. 27/2011/ND-CP dated April 09, 2011 on provision, processing and use of air passenger’s information pre-entry.

d) Point 1 Clause 7 Article 7 of the Decree No. 132/2008/ND-CP amended by Clause 3 Article 1 of the Decree No. 74/2018/ND-CP;

dd) The “foods in hand luggage of inbound passengers that are sent before or after the passengers arrive to serve the passengers’ personal needs" stated in Clause 2 Article 13 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 elaborating some Articles of the Law on Food Safety;

e) Contents of specialized inspection prescribed in Clauses 5 and 6 Article 60 of the Decree No. 08/2015/ND-CP added via Clause 31 Article 1 of the Decree No.59/2018/ND-CP.

Article 42. Transitional clause

For exports and imports satisfying the requirements prescribed in Points a and c Clause 4 Article 21 of this Decree which lack applicable technical regulations or standards but inspection criteria and methods of which are available, they shall continue to be included in lists of goods subject to specialized inspection according to regulations of specialized laws until June 30, 2020 inclusive.

Article 43. Responsibilities

1. The Ministry of Finance and supervisory ministries shall provide guidelines for the implementation of this Decree and organize such implementation.

2. Ministers, heads of ministerial-level regulatory bodies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.

APPENDIX

(Enclosed with the Government's Decree No. 85/2019/ND-CP dated November 14, 2019)

Form No. 01

INFORMATION INDICATORS FOR DECLARANT POSSESSING USER ACCOUNTS OF SPECIALIZED PROCESSING SYSTEMS

Form No. 02

INFORMATION INDICATORS FOR NEW REGISTRATION