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