Decision No. 33/2016/QD-TTg Issuing the Regulation on Providing and Using Electronic Customs Declaration Information

Pursuant to …;
Issuing Regulations on Providing and Using Electronic Customs Declaration Information

____________

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

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

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

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the Government Decree No. 08/2015/NĐ-CP dated January 21, 2015 detailing and guiding the implementation of the Law on Customs regarding customs procedures, inspection, supervision, and control;

At the proposal of the Minister of Finance,

The Prime Minister decides to issue the Regulations on Providing and Using Electronic Customs Declaration Information.

Article 1. These Regulations are promulgated together with this Decision.

Article 2. This Decision takes effect from October 15, 2016.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and central city People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decision./.

REGULATIONS
Providing and Using Electronic Customs Declaration Information
(Issued together with Decision No. 33/2016/QĐ-TTg
dated August 19, 2016 of the Prime Minister)

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

These Regulations stipulate the provision and use of electronic customs declaration information for tax procedures, issuance of certificates of origin, bank payment procedures, and other administrative procedures; proving the legality of goods circulating in the market.

Article 2. Applicability

This Regulation applies to:

1. Provider of information: General Department of Customs.

2. Information Users:

a) State management agencies use electronic customs declaration information to perform tax procedures, issue certificates of origin, and other administrative procedures; check the legality of goods circulating in the market;

b) Credit institutions use electronic customs declaration information to perform tax procedures and bank payment procedures;

c) Organizations issuing certificates of origin authorized by the Ministry of Industry and Trade.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

1. "Inspection agency" includes Tax agencies, Customs agencies, Market Management agencies, Police agencies, Border Guard forces, Coast Guard, and units and individuals with inspection authority according to the law regarding organizations and individuals engaged in import, export, and circulation of goods in the market.

2. "Customs Declaration Information Portal" (hereinafter referred to as the Customs Portal) is the information system of the General Department of Customs with functions to provide and manage the provision of electronic customs declaration information.

Article 4. Principles for Providing and Using Electronic Customs Declaration Information

1. Provision of electronic customs declaration information must ensure completeness, accuracy, timeliness, and appropriateness.

2. Use of electronic customs declaration information provided must be for the intended purpose, serving business operations according to the user's functions and responsibilities; at the same time, it must comply with legal provisions on protecting state secrets.

Chapter II
SPECIFIC PROVISIONS

Section 1

PROVIDING AND USING ELECTRONIC CUSTOMS DECLARATION INFORMATION

Article 5. Forms of Providing and Using Electronic Customs Declaration Information

1. Users access the Customs Portal using accounts issued by the General Department of Customs to use electronic customs declaration information in the form of electronic documents.

2. Users connect their information systems to the Customs Portal to use electronic customs declaration information in the form of electronic data.

3. Inspection agencies use electronic customs declaration information in the form of messages provided by the General Department of Customs through officially announced phone numbers.

Article 6. Content of Providing Information on Electronic Customs Declaration Forms

1. The content of providing information on electronic customs declaration forms is prescribed in Appendix I attached to this Regulation.

2. In addition to the information content specified in Clause 1 of this Article, based on the list of indicators of electronic customs declaration forms for export and import as stipulated under current regulations, the party using the information may request the General Department of Customs to supplement the necessary information indicators to meet the management requirements of each agency. The procedure for supplementing the content of providing information on electronic customs declaration forms shall be carried out in accordance with Clause 3 of Article 9 of this Regulation.

3. Information on electronic customs declaration forms is provided in the form of electronic documents and electronic data signed with the digital signature of the General Department of Customs.

4. Information on electronic customs declaration forms for imported goods serving security and defense purposes shall only be provided upon the consent of the competent authority.

Article 7. Time Limit for Providing Information on Electronic Customs Declaration Forms

Within a period not exceeding one minute from receiving the request, the Customs Information Center shall respond to the party using the information with the following contents:

1. Information on electronic customs declaration forms, or

2. Notification of reasons in case of system failure or absence of electronic customs declaration forms.

Article 8. System for Receiving Information on Electronic Customs Declaration Forms of the Party Using the Information

1. Based on the conditions of information technology infrastructure, the party using the information shall proactively upgrade, build, and implement an information system and cooperate with the General Department of Customs to connect systems for providing, receiving, and utilizing information on electronic customs declaration forms.

2. To connect with the Customs Information Center, the system for receiving information on electronic customs declaration forms of the party using the information must meet the following requirements:

a) Applying valid digital signatures in accordance with the provisions of the law;

b) Implementing transmission encryption;

c) Ensuring information security in accordance with the provisions of the law;

d) Adhering to technical requirements announced by the General Department of Customs, including: information indicators, data formats, connection methods, frequency of information exchange.

Article 9. Registration for Using Information on Electronic Customs Declaration Forms

1. The party using the information is responsible for assigning a registration point for using information on electronic customs declaration forms (hereinafter referred to as the registration point) and notifying the General Department of Customs in writing. The assignment of the registration point shall be carried out according to the following principles:

a) For ministries and agencies at the ministerial level: The registration point is an administrative organization under the ministry or agency at the ministerial level;

b) For credit organizations: The registration point is a specialized unit at the headquarters;

c) For organizations issuing certificates of origin of goods authorized by the Ministry of Industry and Trade:

- Vietnam Chamber of Commerce and Industry: The registration point is a specialized unit at the headquarters;

- Other organizations shall register for using information on electronic customs declaration forms through the registration point of the Ministry of Industry and Trade.

2. Sending documents from the registration point of the party using the information to the General Department of Customs and vice versa for the purpose of registering for using information on electronic customs declaration forms shall be carried out in one of the following two forms:

a) Sending paper documents directly or via postal service to the office of the recipient;

b) Sending electronic documents using valid digital signatures in accordance with the provisions of the law to the email address published by the recipient or through online services provided by the recipient.

3. Procedure for Supplementing the Content of Providing Information on Electronic Customs Declaration Forms.

a) The registration point of the party using the information sends one original document to the General Department of Customs according to Form No. 01 prescribed in Appendix II attached to this Regulation to request supplementation of the content of providing information on electronic customs declaration forms;

b) Within a period not exceeding two working days from receiving the request document, the General Department of Customs shall carry out the supplementation of the content of providing information on electronic customs declaration forms and notify the result to the registration point of the party using the information in writing. If certain information indicators are not accepted for supplementation, the reasons must be clearly stated.

4. Procedures for new registration, extending usage period, and revoking access accounts to the Customs Information Portal (hereinafter referred to as the account):

a) The registration point of the party using the information sends one original document to the General Department of Customs according to Form No. 02 prescribed in Appendix II attached to this Regulation to request new registration, extension of usage period, or revocation of the account;

b) Within a period not exceeding two working days from receiving the request document, the General Department of Customs shall carry out the issuance of the account, extension of the usage period of the account, or revocation of the account and notify the party using the information of the following contents:

- Notifying the result to the registration point of the party using the information in writing. If the account registration is not accepted or the usage period of the account is not extended, the reasons must be clearly stated;

- For newly registered accounts: Notifying account information to each individual who has registered the account through sending emails or messages from officially announced addresses or phone numbers by the General Department of Customs.

5. Procedures for Registering Usage, Extending Usage Period, and Revoking Validity of SMS Usage of Mobile Phone Numbers:

a) The registration point of the inspection agency sends one original document to the General Department of Customs according to Form No. 03 prescribed in Appendix II attached to this Regulation to request registration for usage, extension of usage period, or revocation of validity of SMS usage of mobile phone numbers;

b) Within a period not exceeding two working days from receiving the request document, the General Department of Customs shall carry out the registration for usage, extension of usage period, or revocation of validity of SMS usage of mobile phone numbers and notify the result to the registration point of the inspection agency in writing. If the usage registration is not accepted or the usage period is not extended, the reasons must be clearly stated.

6. Provisions on the usage period of accounts and the usage period of mobile phone SMS services (hereinafter referred to as the usage period):

a) For new registration cases or additional usage periods: The usage period is 24 months or as requested by the information user but not exceeding 24 months;

b) The usage period shall be calculated from the date when the General Department of Customs sends a notification letter regarding the results of new registration or additional usage period to the registration contact point of the information user;

c) Thirty days before the end of the usage period, the General Department of Customs shall have the responsibility to notify each individual account registrant or SMS service user about the approaching end of the usage period. Such notifications shall be made via email or text messages from officially announced addresses or phone numbers by the General Department of Customs.

7. Provisions on the recovery of accounts and the revocation of the validity of mobile phone SMS services:

a) The General Department of Customs shall carry out the recovery of accounts or the revocation of the validity of mobile phone SMS services in the following cases:

- When there is a request from the registration contact point of the information user;

- The usage period has expired;

- The account or mobile phone number has not performed information inquiries for a period of six months;

- Discovery of improper use of customs declaration information contrary to the principles stipulated in Clause 2, Article 4 of this Regulation and other relevant laws.

b) The recovery of accounts or the revocation of the validity of mobile phone SMS services shall be notified in writing to the registration contact point of the information user. The issuance date of the notification letter shall be the official termination date of the account usage period or the validity of mobile phone SMS services.

8. Procedures for registering system connection and disconnection between the information user's system and the Customs Information Portal:

a) The registration contact point of the information user shall submit one original copy of the document to the General Department of Customs according to Model No. 04 prescribed in Appendix II issued together with this Regulation to request system connection or disconnection with the Customs Information Portal;

b) Within no more than three working days from the receipt of the request document, the General Department of Customs shall notify the registration contact point of the information user in writing about acceptance or non-acceptance of the request, and if the request is not accepted, the reasons must be clearly stated;

c) In the case of accepted system connection: Within no more than ten working days from the date of sending the notification, the General Department of Customs shall send a survey team to the location and physical facilities where the information user's system is deployed to check compliance with the requirements stipulated in Clause 2, Article 8 of this Regulation;

- If the survey team's conclusion confirms that the information user's system meets the requirements stipulated in Clause 2, Article 8 of this Regulation, within no more than ten working days, the General Department of Customs shall notify the information user in writing that they meet the conditions for system connection and cooperate to connect the systems to provide electronic customs declaration information;

- If the survey team's conclusion confirms that the information user's system does not meet the requirements stipulated in Clause 2, Article 8 of this Regulation, within no more than ten working days, the General Department of Customs shall notify the information user in writing that they do not meet the conditions for connecting with the Customs Information Portal;

d) In the case of accepted system disconnection: Within no more than ten working days from the date of sending the notification, the General Department of Customs shall cooperate with the information user to disconnect the systems;

9. Provisions on the disconnection between the information user's system and the Customs Information Portal:

a) The General Department of Customs shall implement system disconnection with the information user's system in the following cases:

- When there is a request from a newly registered contact point of the information user;

- Discovery of improper use of customs declaration information contrary to the purpose as stipulated in Article 4 of this Regulation and other relevant laws.

b) At least five working days before the official disconnection date, the General Department of Customs shall notify in writing the registration contact point of the information user about the disconnection between the information user's system and the Customs Information Portal.

Section 2
RESPONSIBILITIES OF THE PARTIES INVOLVED

Article 10. Responsibilities of the General Department of Customs

1. Provide and be responsible for ensuring the integrity of electronic customs declaration information as stipulated in this Regulation and other relevant laws.

2. Develop, implement, and manage the operation of the Customs Information System, specifically:

a) Develop and implement the Customs Portal within a period not exceeding six months from the date this Decision takes effect;

b) Ensure adequate infrastructure to meet the needs for accessing and providing electronic customs declaration information;

c) Ensure continuous and stable system operation, guaranteeing information security;

d) Take the lead in guiding the use and supporting the operation of the system.

3. Manage the registration to use electronic customs declaration information by users.

4. Implement and announce email addresses and phone numbers for providing electronic customs declaration information.

5. Develop and announce technical requirements for connecting with the Customs Portal.

Article 11. Responsibilities of Users of Information

1. Equip sufficient means and technical equipment to ensure the reception and use of electronic customs declaration information.

2. Use electronic customs declaration information in accordance with the principles set forth in Clause 2, Article 4 of this Regulation and other relevant laws.

3. Manage and secure access account information for the Customs Portal.

4. Ensure that the system for receiving electronic customs declaration information is developed, implemented, and operated in compliance with the requirements set forth in Clause 2, Article 8 of this Regulation.

Chapter III
IMPLEMENTATION

Article 12. Responsibilities for Implementation

1. Ministry of Finance:

a) Lead and coordinate with related ministries and units to organize the implementation of this Regulation;

b) Be responsible for monitoring and summarizing the implementation of this Regulation; report to the Prime Minister on necessary amendments and supplements to this Regulation.

2. Ministries and agencies:

a) Related ministries and agencies shall organize the implementation and direct subordinate units to implement the contents stipulated in this Regulation;

b) The Ministry of Public Security and the Ministry of National Defense shall cooperate with the Ministry of Finance (General Department of Customs) to review and unify the scope, content, and recipients of electronic customs declaration information for imported goods serving national security and defense;

c) During the implementation process, if any difficulties arise, units shall promptly reflect them to the Ministry of Finance (General Department of Customs) for consolidation and reporting to the Prime Minister.

Article 13. Implementation funds

The funding for implementing the provision and use of electronic customs declaration information by state management agencies as stipulated in this Regulation shall be provided from the state budget based on the annual budget approved for ministries and sectors according to the law./.

Appendix I

CONTENTS OF INFORMATION PROVIDED IN ELECTRONIC CUSTOMS DECLARATION FORMS

(Attached to the Provision and Use of Electronic Customs Declaration Information Regulation
Decision No. 33/2016/QĐ-TTg

 date August 19, 2016 of the Prime Minister)

1. 1. SMS Format

2. Other formats

a) Provision to state management agencies

User code

Country of origin code

Seal Registration Certificate
Decision No. 

33/2016/QĐ-TTg Form for requesting additional information content in electronic customs declaration forms

dated August 19, 2016 of the Prime Minister)

Form No. 01

1. Requesting agency:

Agency name

2. Content of the request:

Receive paper documents

Receive paper documents

Receive electronic documents at the email address: ...

☐ Signature and stamp

☐ Regarding application for access account to the Electronic Information Portal

Respectfully./.

...Date ..., Month ..., Year ...

Form No. 02

1. Requesting agency:

Agency name

2. Content of the request:

Mobile phone

b) Add the usage period for accessing the electronic customs declaration information system account according to the following list:

c) Revoke the access account for the electronic customs declaration information system according to the following list:

Receive electronic documents at the email address: ...

☐ Signature and stamp

☐ Receive electronic text at email address:...

Respectfully./.

...Date ..., Month ..., Year ...

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

1. Requesting agency:

Agency name

2. Content of the request:

a) Registration to use SMS form for querying customs declaration information electronically for mobile phone number according to the following list:

b) Extend the validity period of using SMS form for querying customs declaration information electronically for mobile phone number according to the following list:

c) Revoke the validity of using SMS form for mobile phone number according to the following list (for inspection agencies):

Receive electronic documents at the email address: ...

☐ Receive paper documents

☐ Receive electronic text at email address: …

Respectfully./.

                                                                                                            Signature and stamp

Form number 04

1. Requesting agency:

Agency name

2. Content of request: (Choose one of the two options below)

☐ Connect to the Electronic Customs Declaration Information Portal.

☐ Use connection with the Electronic Customs Declaration Information Portal.

3. Information about the system receiving electronic customs declaration information: (Fill in case of registration for connection)

Deployment location:…

Content of digital certificate applicable to the system:

+ Digital signature service provider organization:…

+ Organization(s) issued digital certificate:

+ Digital certificate number:…

4. Form of receiving reply documents: (Choose one of the two forms below)

☐ Receive paper documents

☐ Receive electronic text at email address: …

Respectfully./.

...Date ..., Month ..., Year ...