Decision No. 19/2011/QD-TTg on piloting the acceptance of cargo declarations, related documents, and electronic customs clearance for inbound and outbound vessels.

Pursuant to …;

Regarding the pilot implementation of receiving cargo declarations and related documents

and electronic customs clearance for inbound and outbound vessels

________________________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Customs Law dated June 29, 2001 and the Law Amending and Supplementing Certain Articles of the Customs Law dated June 14, 2005;

Pursuant to the Law on Electronic Transactions from November 29, 2005;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Pilot implementation of receiving cargo declarations and related information in electronic form and electronic customs clearance for inbound and outbound vessels

1. The scope of the pilot application includes the receipt of cargo declarations and other related information in electronic data format and electronic customs clearance for inbound and outbound vessels (collectively referred to as electronic customs procedures for inbound and outbound vessels).

2. Pilot subjects include:

a) Vietnamese vessels, foreign vessels entering and exiting;

b) Shipping companies, shipping agency companies, and freight forwarders;

c) Customs offices at seaport gateways;

d) Maritime Port Authorities.

The Minister of Finance shall decide on the specific subjects participating in the pilot implementation.

3. Time and location for pilot implementation:

a) The pilot implementation period runs from 2011 to 2012.

b) Locations for pilot implementation:

- From 2011 to 2012: implemented at seaports in Haiphong City, Da Nang City, Ho Chi Minh City, and Ba Ria-Vung Tau Province;

- In 2012: expanded to seaports in Quang Ninh Province, Quang Ngai Province, Binh Dinh Province, Khanh Hoa Province, and Can Tho City.

Article 2. Electronic customs documents for inbound and outbound vessels

1. For inbound vessels:

a) Import cargo declaration by sea;

b) Information about consolidated bills of lading (House bill of lading);

c) General declaration;

d) Crew list;

đ) Crew baggage declaration;

e) Vessel stores declaration;

g) Passenger list (if applicable);

h) Dangerous goods declaration (if applicable).

2. For outbound vessels:

a) Export cargo declaration;

b) General declaration;

c) Crew list;

d) Crew baggage declaration;

đ) Vessel stores declaration;

e) Passenger list (if applicable).

3. The Ministry of Finance shall specify the contents of the electronic customs documents mentioned in Clause 1 and Clause 2 of this Article.

Article 3. Deadline for providing electronic customs document information

1. For inbound vessels:

a) Deadline for providing information on import cargo declarations and consolidated bills of lading (House bill of lading): for voyages under five days, not later than twelve hours; for other voyages, not later than twenty-four hours before the vessel is expected to arrive at the port.

b) Deadline for providing information on the documents listed in Points c, d, đ, e, g, h of Clause 1 of Article 2 of this Decision not later than eight hours before the vessel is expected to arrive at the port.

2. For outbound vessels: deadline for providing the information specified in Clause 2 of Article 2 of this Decision not later than one hour before the vessel departs.

3. The legal validity of the electronic customs documents for inbound and outbound vessels stipulated in this Decision shall be carried out in accordance with the provisions of the law on electronic transactions.

Article 4. Location for receiving and processing electronic customs document information for inbound and outbound vessels

1. The location for receiving and processing electronic customs document information for inbound and outbound vessels is the General Department of Customs' Electronic Portal. The declarant has the responsibility to send electronic data to the General Department of Customs' Electronic Portal according to the provisions of this Decision so that the customs authority can handle the electronic customs procedures and clearance for inbound and outbound vessels.

2. Provincial/City Customs Departments, Customs Offices, and relevant units shall access data from the General Department of Customs' Electronic Portal to facilitate the process of handling customs procedures and electronic clearance for inbound and outbound vessels within their jurisdiction according to the provisions of this Decision.

Article 5. Rights and Obligations of the Customs Declaration Person

1. The rights and obligations of the customs declaration person participating in the pilot implementation of this Decision shall be carried out in accordance with the provisions of Article 23 of the Customs Law and Decree No. 27/2007/NĐ-CP dated February 23, 2007 of the Government on electronic transactions in the financial sector.

2. When implementing electronic customs procedures for inbound and outbound vessels, the customs declaration person shall have the responsibility to:

a) Notify electronically to the General Department of Vietnam Customs' Electronic Portal about the implementation of electronic customs procedures for inbound and outbound vessels.

b) Use digital signatures. In cases where the customs authority has not yet applied digital signatures, the customs declaration person shall use electronic access accounts in accordance with the regulations of the Ministry of Finance;

c) Send electronic data to the General Department of Vietnam Customs' Electronic Portal and receive results from this portal;

d) Provide relevant information to serve inspection and audit work.

Article 6. Responsibilities and Authorities of the Customs Authority and Customs Officers

1. The responsibilities and authorities of the customs authority and customs officers participating in the pilot implementation of this Decision shall be carried out in accordance with the provisions of Article 27 of the Customs Law and Decree No. 27/2007/NĐ-CP dated February 23, 2007 of the Government on electronic transactions in the financial sector.

2. Within two working days from the date of receipt of the notification of the implementation of electronic customs procedures from the customs declaration person, the customs authority must respond electronically to the customs declaration person, accepting or rejecting (with clear reasons stated).

3. Develop and publish data standards for exchanging electronic information for the customs declaration person to implement.

4. Develop functions to receive data according to the published standards and directly receive data from the customs declaration person through the Internet or via organizations providing electronic data transmission services.

5. Share cargo declarations, related information, and clearance results for vessels with competent agencies at the port for coordinated management; ensure the confidentiality of information provided by the customs declaration person.

Article 7. Responsibilities of the Ministry of Finance

1. Issue guiding documents for the implementation of this Decision.

2. Take the lead and coordinate with the Ministry of Transport and other relevant ministries and sectors to organize the implementation of this Decision.

3. Direct the customs sector:

a) To select pilot participants;

b) To propose investment and procurement of software, equipment, network infrastructure, and other necessary information technology infrastructure conditions to ensure the implementation of the pilot according to the planned schedule;

c) To provide technical and customs business support to pilot participants.

4. Summarize, conclude, and evaluate the results of the pilot; propose the implementation of electronic customs procedures for inbound and outbound vessels after the completion of the pilot phase.

Article 8. Implementation clause

1. This Decision takes effect from May 15, 2011.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decision./.