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.
Tìm kiếm
Nghị định 85/2019/NĐ-CP (Bản Word)
Nghị định 85/2019/NĐ-CP (Bản Pdf)
