Circular No. 13/2018/TT-BTTTT stipulates the List of Network Security Products for Import under License and the Procedures, Formalities, and Documents for Issuing Import Licenses for Network Security Products

CIRCULAR

Regulations on the List of Network Security Products for Import under Permit and Procedures, Formalities, and Documents for Issuing Import Permits

for Network Security Products

Network Security Law

On the basis of Law on Management of Foreign Trade November 19, 2015;

On the basis of Decree No. 15/2018/ND-CP of the Government detailing a number of articles of June 12, 2017;

Decree No. Decision No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Decree No. 69/2018/ND-CP the Law on Management of Foreign Trade; 19-2017/NQ-CP

Decree No. Resolution No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Implementing Resolution No. February 6, 2017, of the Government on continuing to implement key tasks and solutions to improve the business environment and enhance national competitiveness in 2017 with a view to 2020; The Minister of Information and Communications issues this Circular to stipulate the List of Network Security Products for Import under Permit and Procedures, Formalities, and Documents for Issuing Import Permits for Network Security Products.

At the request of the Director of the Cybersecurity Agency,

This Circular stipulates the List of Network Security Products for Import under Permit and Procedures, Formalities, and Documents for Issuing Import Permits for Network Security Products (hereinafter referred to as Import Permit).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to enterprises that have been granted Import Permits to conduct import activities of Network Security Products listed in the List.

Article 2. Applicability

Article 3. Network Security Products for Import under Permit

1. The List of Network Security Products for Import under Permit is specified in Annex I of this Circular.

2. Network Security Products for Import under Permit are complete devices with technical characteristics, describing goods according to technical specifications, design structure, capable of independent operation; it does not apply to components, accessories, or parts of products.

Article 4. Validity Period of Import Permit

The validity period of the Import Permit is two years or equal to the validity period of the Permit for Business of Network Security Products and Services of the enterprise if the validity period of the Permit for Business of Network Security Products and Services is less than two years.

Article 5. Fees for Issuance and Reissuance of Import Permit

Enterprises importing Network Security Products are obligated to pay fees for issuance and reissuance of Import Permit in accordance with Circular No. 269/2016/TT-BTC dated November 14, 2016, of the Minister of Finance stipulating rates of collection, procedures for collection, payment, management, and use of fees and charges in the field of network security.

ISSUANCE OF IMPORT PERMIT

Chapter II

Article 6. Authority Issuing Import Permit

Article 7. Documents for Application for Import Permit

The application for Import Permit consists of one set, including:

1. Application form for Import Permit according to Model No. 01 at Annex II of this Circular.

2. Permit for Business of Network Security Products and Services: certified copy.

4. Technical documentation describing the functions of the product proposed for import: certified copy, in Vietnamese or English.

4. Technical documentation describing the functions of the product proposed for import: a copy, in Vietnamese or English.

Article 8. Acceptance of Applications and Issuance of Import Permits

1. Enterprises shall submit applications in one of the following forms:

a) Direct submission;

b) Submission through public postal services as prescribed by the Prime Minister, via contracted services from enterprises or individuals, or through authorization as prescribed by law;

c) Online submission.

2. The address for direct submissions or use of postal services: Information Security Agency, 8th Floor, Radio Frequency Management Bureau Building, No. 115 Tran Duy Hung Street, Trung Hoa Ward, Cau Giay District, Hanoi City.

3. For direct submissions, the date of receipt of the application is the day the Information Security Agency receives the application directly submitted by the enterprise.

4. For submissions through postal services, the date of receipt of the application is the day the Information Security Agency receives the application delivered by the postal service provider.

7. The Import Permit issued to enterprises shall be publicly available on the National Single Window Portal, the National Public Service Portal, and the Ministry of Information and Communications' website.

Article 9. Examination and Issuance of Import Permits

1. Within two working days from the date of receiving the application, the Information Security Agency shall check and notify the enterprise in writing or electronically about the completeness of the application as stipulated in Article 7 of this Circular.

2. In case the application is incomplete, the enterprise shall be responsible for supplementing it according to the requirements of the Information Security Agency.

If all conditions stipulated in Clause 3, Article 48 of the Cybersecurity Law are met, the Ministry of Information and Communications shall issue the Import Permit to the enterprise according to Model No. 03 in Appendix II of this Circular.

If the conditions are not met, the Ministry of Information and Communications (Information Security Agency) shall notify the enterprise in writing, specifying the reasons for not issuing the permit.

1. For valid Import Permits that have been lost or damaged, enterprises shall submit a request for reissue of the Import Permit according to Model No. 02 in Appendix II of this Circular to the Ministry of Information and Communications (Information Security Agency).

2. Within three working days from the date of receiving a valid request, the Ministry of Information and Communications shall consider and reissue the Import Permit to the enterprise.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Transitional Provisions

Enterprises are not required to submit certificates of conformity or standards declaration as stipulated in Clause 3, Article 7 when submitting applications for Import Permits for cybersecurity products until the Ministry of Information and Communications issues the list of national technical standards or regulations for cybersecurity products.

Article 12. Implementation Provisions

1. This Circular takes effect from December 1, 2018.

2. The Director of the Office, Heads of units under the Ministry of Information and Communications, and related organizations and individuals are responsible for implementing this Circular.

3. During implementation, if there are arising issues or difficulties, organizations, enterprises, and individuals are advised to report them to the Ministry of Information and Communications (Information Security Agency) for prompt resolution./.

ANNEX I

LIST OF CYBERSECURITY PRODUCTS FOR IMPORT UNDER PERMIT
(Annexed to Circular No. 13/2018/TT-BTTTT dated October 15, 2018, issued by the Minister of Information and Communications)

ANNEX II

(Annexed to Circular No. 13/2018/TT-BTTTT dated October 15, 2018, issued by the Minister of Information and Communications)

Form No. 01

APPLICATION FOR FILM FESTIVAL ORGANIZATION PERMIT
IMPORTING CYBERSECURITY PRODUCTS

Respectfully submitted to: Ministry of Information and Communications (Information Security Agency).

- Basis Law on Management of Foreign Trade November 19, 2015;

- Basis Decree No. 15/2018/ND-CP of the Government detailing a number of articles of June 12, 2017;

- Based on Decree No. Decision No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

- Based on Decree No. 69/2018/ND-CP the Law on Management of Foreign Trade; 19-2017/NQ-CP

- Based on Circular No. /2018/TT-BTTTT dated October 15, 2018, issued by the Minister of Information and Communications, detailing the List of Cybersecurity Products for Import Under Permit and the Procedures and Requirements for Issuing Import Permits for Cybersecurity Products;

(Name of Enterprise) requests the Ministry of Information and Communications to issue an Import Permit for Cybersecurity Products with the following contents:

Part 1. General Information

1. Enterprise Name: ...

2. Legal representative: ...

3. Business Registration Certificate No.: ...issued by ...on ...day...month...year...at...

4. Main office address: ...

5. Telephone: ...6. Email: ...

7. Cybersecurity Product and Service Business License No. issued by the Minister of Information and Communications on ...day...month...year...

Part 2. Imported Products

1. Product name: ...

2. Code: ...

3. Information security features: ...

4. Quantity: ...

5. Manufacturer: ...

(If there are multiple products, attach a list to the application)

6. Purpose of Import:...

Part 3. Attached Documents

1.........................................................................................................................................

2.........................................................................................................................................

3.........................................................................................................................................

...........................................................................................................................................

Part 4. Commitment

(Name of Enterprise) commit to strictly comply with all regulations of the State and the Ministry of Information and Communications on importing cybersecurity products./.

Form No. 02

APPLICATION FOR REISSUANCE OF LICENSE
IMPORTING CYBERSECURITY PRODUCTS

Respectfully submitted to: Ministry of Information and Communications (Information Security Agency).

- Basis Law on Management of Foreign Trade November 19, 2015;

- Basis Decree No. 15/2018/ND-CP of the Government detailing a number of articles of June 12, 2017;

- Based on Decree No. Decision No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

- Based on Decree No. 69/2018/ND-CP the Law on Management of Foreign Trade; 19-2017/NQ-CP

- Based on Circular No. /2018/TT-BTTTT dated October 15, 2018, issued by the Minister of Information and Communications, detailing the List of Cybersecurity Products for Import Under Permit and the Procedures and Requirements for Issuing Import Permits for Cybersecurity Products;

(Name of Enterprise) requests the Ministry of Information and Communications to reissue the Import License for cybersecurity products with the following contents:

1. Enterprise Name: ...

2. Legal representative: ...

3. Main Office Address: ...

4. Telephone: ...5. Email: ...

6. Import License for cybersecurity products number ... issued by the Ministry of Information and Communications on ... day ... month ... year ...

7. Reason for requesting reissuance of the license: ...

(Name of Enterprise) commit to strictly comply with all regulations of the State and the Ministry of Information and Communications on importing cybersecurity products./.

Form No. 03

IMPORT LICENSE
INFORMATION SECURITY PRODUCTS
(Valid until ... day ... month ... year ...)

MINISTER OF INFORMATION AND COMMUNICATIONS

- Basis Law on Management of Foreign Trade November 19, 2015;

- Basis Decree No. 15/2018/ND-CP of the Government detailing a number of articles of June 12, 2017;

- Based on Decree No. Decision No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

- Based on Decree No. 69/2018/ND-CP the Law on Management of Foreign Trade; 19-2017/NQ-CP

- Based on the Decree Resolution No. 17/2017/NĐ-CP dated February 17, 2017 of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

- Based on Circular number /2018/TT-BTTTT dated ... day ... month ... year 2018 of the Minister of Information and Communications stipulating the List of cybersecurity products imported under licenses and procedures, formalities, and documents for issuing Import Licenses for cybersecurity products;

- Considering the Application for issuance/reissuance of the Import License for cybersecurity products dated ... day ... month ... year ... of (name of enterprise);

- At the request of the Director of the Cybersecurity Agency,

DECISION:

Article 1. Approve (name of enterprise), Business Registration Certificate number ... issued by ... on ... day ... month ... year ..., Business License for cybersecurity products and services number ... issued by the Minister of Information and Communications on ... day ... month ... year ..., are permitted to import the following cybersecurity products:

1. Product name: ...

2. Code: ...

3. Information security features: ...

4. Quantity: ...

5. Manufacturer: ...

6. Purpose of import: ...

7. HS code: ...

(In case of importing multiple types of products, issue a list attached to the License)

Article 2. (Name of Enterprise) must comply with the provisions of Circular number /2018/TT-BTTTT dated ... day ... month ... year 2018 of the Minister of Information and Communications stipulating the List of cybersecurity products imported under licenses and procedures, formalities, and documents for issuing Import Licenses for cybersecurity products, and other relevant laws.

Article 3. This Import License for cybersecurity products takes effect from the date of issuance and is valid until ... day ... month ... year .../.