This paragraph describes the electronic declaration process for foreign vessels entering Vietnam, including the types of documents to be submitted and deadlines. It also specifies the responsibilities of each state management agency in inspecting and processing the files. It particularly emphasizes that if there are differences in opinions among agencies, each party will be primarily responsible for its final decision.
적용 범위
Foreign vessels entering Vietnam
핵심 사항
- Deadline for submitting electronic documents: before the ship arrives at the port or pilot station area
- Checking the declared information and ship documents based on the electronic database
- Specific responsibilities of each state management agency in handling the file
- Regulations on issuing electronic permits for foreign vessels entering the country
- If there are differences in opinions among agencies, each party will be primarily responsible for its final decision
🌐 이 문서의 사회적 영향
- Saving time and effort for ship owners
- Enhancing the effectiveness of state management over maritime activities
- Reducing the risk of legal violations during the declaration process
❓ 자주 묻는 질문
What is the deadline for submitting electronic documents before the ship arrives at the port?
The latest is 24 hours before the ship is expected to arrive at the seaport; notification of the ship's arrival: The latest is 8 hours before the ship is expected to arrive at the pilot station area; in cases where the ship moves between ports or maritime areas not exceeding 20 nautical miles, the latest is 2 hours before the ship is expected to arrive at the pilot station area.
Which agency is primarily responsible for handling the file?
Each state management agency (port authority, customs, border guard, animal quarantine, and health) has specific responsibilities for particular types of documents. In cases where there are differences in opinions among agencies, each party will be primarily responsible for its final decision.
전문
|
PRIME MINISTER |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
| Number: 34/2016/QD-TTg | Hanoi, August 23, 2016 |
Pursuant to …;
Regulations on electronic procedures for ships entering and leaving seaports, inland waterway ports, and offshore oil ports through the National Single Window mechanism
inland waterway port, offshore oil and gas port through
National Single Window mechanism
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Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government stipulating management of seaports and maritime channels;
Pursuant to Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing implementation measures for the Law on Customs regarding customs procedures, inspection, supervision, and control;
Pursuant to Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security at sea ports;
Pursuant to Decree No. 103/2010/NĐ-CP dated October 1, 2010 of the Government detailing implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases concerning border health quarantine;
Pursuant to Decree No. 24/2015/NĐ-CP dated February 27, 2015 of the Government detailing and providing implementation measures for certain provisions of the Law on Inland Waterway Transport and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport;
Pursuant to Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services;
Pursuant to Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain provisions of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government;
Pursuant to Decree No. 170/2013/NĐ-CP dated November 13, 2013 of the Government amending and supplementing certain provisions of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government and Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government;
Pursuant to the Agreement and Protocol on the establishment and operation of the ASEAN Single Window and the National Single Window;
Pursuant to the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport dated December 17, 2009;
At the proposal of the Minister of Finance;
The Prime Minister promulgates this Decision to regulate electronic procedures for ships entering and leaving seaports, inland waterway ports, and offshore oil ports through the National Single Window mechanism.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decision regulates electronic procedures applicable to the National Single Window mechanism for:
a) Entry procedures for Vietnamese and foreign ships at seaports and inland waterway ports;
b) Departure procedures for Vietnamese and foreign ships at seaports and inland waterway ports;
c) Transit procedures for foreign ships;
d) Entry procedures for ships at offshore oil ports;
đ) Departure procedures for ships at offshore oil ports;
e) Procedures for domestic route ships entering seaports and inland waterway ports;
g) Procedures for domestic route ships leaving seaports and inland waterway ports;
h) Entry procedures for Vietnamese and Cambodian inland waterway vessels at Vietnamese seaports and inland waterway ports;
i) Departure procedures for Vietnamese and Cambodian inland waterway vessels from Vietnamese seaports and inland waterway ports.
2. This Decision does not apply to other types of ships as specified in Article 50 and Article 58 of Decree No. 21/2012/NĐ-CP dated March 21, 2012 of the Government stipulating management of seaports and maritime channels, and ships without identification numbers (IMO number).
Article 2. Applicability
The subjects to which this Decision applies are:
1. Organizations, individuals, Vietnamese ships, foreign ships, Vietnamese inland waterway vessels, and foreign inland waterway vessels.
2. State administrative agencies specialized at seaports, inland waterway ports, and offshore oil ports (hereinafter referred to as ports).
3. Credit institutions participating in providing electronic payment services for taxes, fees, and charges when implementing the procedures stipulated in Article 1 of this Decision.
4. Organizations providing digital certificates licensed by the Ministry of Information and Communications.
Article 3. Explanation of Terms
In this Decision, the following terms shall be understood as follows:
1. "National Single Window at the port" (hereinafter referred to as the National Single Window) means allowing declarants to submit electronic information and documents to implement procedures related to ships entering and leaving seaports, inland waterway ports, and offshore oil ports through the National Single Window Portal. State administrative agencies issue decisions through the National Single Window Portal.
2. "National Single Window Portal for implementing the National Single Window" (hereinafter referred to as the National Single Window Portal) is a centralized and integrated information system serving the electronic declaration of declarants for ships entering and leaving ports and the completion of procedures by state administrative agencies at ports.
3. "State administrative agencies at ports" include: Customs, maritime port administration or inland waterway port administration (hereinafter collectively referred to as port administration), border guard at port, health quarantine, animal quarantine, plant quarantine.
4. "Business information system of state administrative agencies at ports" (hereinafter referred to as the business information system) includes functions connecting with the National Single Window Portal and subsystems processing information of declarations submitted by enterprises through the National Single Window.
5. "Procedures for ships entering and leaving ports on the National Single Window Portal" is the process of handling electronic transactions from the time the declarant submits electronic declarations through the National Single Window until receiving the final decision on completing the procedure issued by relevant state administrative agencies on the National Single Window Portal.
6. "Electronic dossier" is electronic information reflecting the content of forms and documents that declarants must submit according to regulations; notifications and confirmations related to business operations conducted through the National Single Window Portal between state administrative agencies at ports and declarants.
7. "Primary responsibility" means the authority of a state administrative agency to make the final decision on the processing of documents when such documents are received and processed by multiple agencies. Other agencies may provide opinions requesting enterprises to amend or supplement declarations but shall not refuse to accept documents or reject dossiers on grounds related to documents.
8. "Electronic signature of a business" is an electronic signature issued by organizations providing legitimate electronic signature verification services and registered with the National Single Window Portal.
9. "Person handling procedures" refers to the shipmaster or ship manager, ship charterer, ship operator, captain, or authorized person to declare and handle procedures as stipulated in Article 1 of this Decision with state management agencies at ports through the National Single Window Portal.
10. "Domestic sea cargo vessel" means a sea cargo vessel transporting goods transferred from another sea cargo vessel that has completed entry formalities at a Vietnamese seaport or inland waterway port, subsequently transporting to another seaport, inland waterway port, or destination port within Vietnam's territory.
11. "Electronic dispatch order" is an electronic permit issued by the port authority to the person handling procedures via the National Single Window Portal when approved for the vessel to enter a seaport, inland waterway port, or offshore oil terminal.
12. "Electronic departure permit" is an electronic permit issued by the port authority to the person handling procedures via the National Single Window Portal after completing the electronic departure formalities for vessels. The electronic departure permit has a tracking number and holds legal value equivalent to a paper departure permit.
13. "Electronic transit permit" is an electronic permit issued by the port authority to the person handling procedures via the National Single Window Portal after completing the electronic transit formalities for foreign sea vessels. The electronic transit permit has a tracking number and holds legal value equivalent to a paper transit permit.
Chapter II
SPECIFIC PROVISIONS
1. Electronic documents declared or presented to state management agencies at ports through the National Single Window Mechanism may be converted from paper documents if they meet the following conditions:
a) They accurately reflect the full content of the paper document.
b) They bear the electronic signature of the person conducting the conversion (the person handling procedures), which has been registered to participate in the National Single Window Portal, on the electronic document converted from the paper document.
2. Paper documents may be converted from electronic documents issued through the National Single Window Portal if they meet the following conditions:
a) They accurately reflect the full content of the electronic document.
b) They bear identification marks on the paper document converted from the electronic document printed out from the National Single Window Portal. Identification marks include information indicating the document has been electronically signed by the issuing authority or the National Single Window Portal, the name and email address and/or phone contact of the signing authority, and the time of electronic signing. Identification marks are published by the National Single Window Portal Management Agency at the website: https://vnsw.gov.vn.
c) They bear the signature, name, and lawful seal of the person conducting the conversion (the person handling procedures) on the paper document converted from the electronic document.
3. Electronic documents have the same legal effect as their paper counterparts for handling procedures with state management agencies.
4. The person handling procedures must store electronic documents and paper documents in accordance with regulations.
1. Declarations made through the National Single Window Portal
a) The declaration forms specified in Section I of Appendix I issued together with this Decision.
b) Time limit for submitting electronic declarations
- Time limit for providing security declaration information: Not later than 24 hours before the ship's expected arrival at the port; notification of the ship's arrival: Not later than 8 hours before the ship's expected arrival at the pilot station; confirmation of the ship's arrival: Not later than 2 hours before the ship's expected arrival at the pilot station; in cases where the ship moves between ports or inland waterway ports or within a maritime area not exceeding 20 nautical miles, not later than 2 hours before the ship's expected arrival at the pilot station;
- Time limit for providing cargo declaration and secondary bill of lading information: For voyages under 5 days, not later than 12 hours before the ship's expected arrival at the port; for other voyages, not later than 24 hours before the ship's expected arrival at the port;
- Time limit for providing health declaration information: Not later than 2 hours before the ship's expected arrival at the pilot station;
- Time limit for providing information on crew lists, passenger lists, weapons and explosives declarations, and persons hiding on board declarations: Not later than 4 hours before the ship's expected arrival at the port;
- Time limit for providing information on other declarations: Not later than 2 hours from when the ship has anchored at the wharf or 4 hours from when the ship has anchored at other locations within the port waters;
2. Documents to be submitted and presented
a) The declaration forms specified in Section II of Appendix I issued together with this Decision.
b) Inspection of ship and crew certificates:
Port authorities shall inspect the declared information and search the electronic database of the documents specified in Clauses 1, 2, 3, 8, 9, and 11 of Section II of Appendix I issued together with this Decision to process the electronic entry procedures for foreign ships. Port authorities may only request the submission and presentation of documents if there is no data in the database regarding the ship or crew.
In cases where the electronic database does not contain data on the ship or crew, the port authority shall notify the person handling the procedure to submit and present the documents at the main office or representative office of the port authority according to the time specified in point b, Clause 1, Article 5 of this Decision.
For foreign ship and crew databases: The person handling the procedure only needs to declare data about the ship and crew once on the National Single Window Portal, and the first port authority to handle the procedure shall check and compare the declared data with the original documents to process the entry procedures for foreign ships or when there are changes. The database on foreign ships and crews entering the country will be stored on the National Single Window Portal to serve as the basis for subsequent procedures.
c) The time limit for presenting documents without an electronic database for verification and comparison shall be carried out according to the provisions in point b, Clause 1, Article 5 of this Decision.
3. Responsibilities of state management agencies in handling procedures
State management agencies shall be responsible for checking the submitted declarations made electronically or the presented documents and processing the procedures for ships based on their functions and responsibilities as prescribed by law.
a) Time limit for handling procedures:
- For the declarations specified in point a, Clause 1 of this Article: Not later than 1 hour from when the person handling the procedure has fully and correctly declared the information and sent the electronic declaration information to the system;
- For the declarations specified in point a, Clause 2 of this Article: Not later than 1 hour from when the person handling the procedure has presented all valid documents as stipulated in point a, Clause 2 of this Article.
b) Responsibilities for handling procedures
- Port authorities shall be responsible for inspecting the documents specified in Clauses 1, 2, 3, 4, 5, 6, 8, and 15 of Section I and Clauses 1, 2, 3, 8, 9, and 11 of Section II of Appendix I issued together with this Decision. Specifically, for the documents specified in Clauses 1, 2, 3, 4, and 15 of Section I of Appendix I issued together with this Decision, the port authority shall bear primary responsibility and have the final decision-making authority in cases where state management agencies participate in the handling and have differing opinions.
- Customs authorities shall be responsible for inspecting the documents specified in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of Section I and Clause 4 of Section II of Appendix I issued together with this Decision. Specifically, for the documents specified in Clauses 7, 8, 9, 10, and 11 of Section I of Appendix I issued together with this Decision, customs authorities shall bear primary responsibility and have the final decision-making authority in cases where state management agencies participate in the handling and have differing opinions.
- Border Guard units at border gates shall be responsible for inspecting the documents specified in Clauses 2, 3, 4, 5, 6, 8, 16, and 17 of Section I and Clauses 10, 11, and 13 of Section II of Appendix I issued together with this Decision. Specifically, for the documents specified in Clauses 5, 6, 16, and 17 of Section I of Appendix I issued together with this Decision, border guard units at border gates shall bear primary responsibility and have the final decision-making authority in cases where state management agencies participate in the handling and have differing opinions.
- Animal quarantine authorities shall be responsible for inspecting the documents specified in Clauses 2, 3, 4, and 14 of Section I and Clause 7 of Section II of Appendix I issued together with this Decision. Specifically, for the document specified in Clause 14 of Section I of Appendix I issued together with this Decision, animal quarantine authorities shall bear primary responsibility and have the final decision-making authority in cases where state management agencies participate in the handling and have differing opinions.
- The plant quarantine agency is responsible for checking the documents specified in Clauses 2, 3, 4, and 13 Section I Appendix I and Clause 6 Section II Appendix I issued together with this Decision. Specifically, for the document specified in Clause 13 Section I Appendix I issued together with this Decision, the plant quarantine agency is primarily responsible and has the final decision-making authority in cases where state management agencies participate jointly in handling and have differing opinions. The plant quarantine agency shall notify the person handling the procedures about the actual inspection time of the shipment in accordance with the Plant Protection and Quarantine Law 2013.
- The health quarantine agency is responsible for checking the documents specified in Clauses 2, 3, 4, 12, 18, and 19 Section I and Clauses 5, 12, 14, and 15 Section II Appendix I issued together with this Decision. Specifically, for the documents specified in Clauses 12, 18, and 19 Section I Appendix I issued together with this Decision, the health quarantine agency is primarily responsible and has the final decision-making authority in cases where state management agencies participate jointly in handling and have differing opinions.
4. Electronic Permitting
a) Not later than two hours from the time of receiving the report that the vessel has reached the position to pick up or drop off pilots, based on the feedback from relevant agencies, the port authority issues an electronic dispatch order through the National Single Window Portal. In case of non-approval, the reasons must be stated.
b) Not later than one hour from the time the person handling the procedures completes the declaration and sends the electronic file as prescribed, based on the feedback from relevant agencies, the port authority checks and compares information about the vessel and crew members to send a confirmation notice of completed procedures to the person handling the procedures; the health quarantine agency confirms the completion time of the registration for health quarantine inspection procedures for vessels departing from or passing through epidemic areas or carrying persons who have departed from or passed through epidemic areas or having deceased persons onboard, or carrying ashes, corpses, tissues, or human body parts.
c) The health quarantine agency confirms the completion time of the registration for health quarantine inspection procedures for vessels departing from or passing through epidemic areas or carrying persons who have departed from or passed through epidemic areas or having deceased persons onboard, or carrying ashes, corpses, tissues, or human body parts.
1. Declarations made electronically through the National Single Window Portal
a) The components of the documents specified in Section I Appendix II issued together with this Decision.
b) Time limit for submitting electronic declarations
- Deadline for providing information on departure notification; not later than two hours before the vessel departs from the port.
- Deadline for providing information on other documents; not later than two hours before the vessel departs from the port; specifically, for passenger vessels and regular route vessels, not later than immediately before the scheduled departure time of the vessel.
2. Documents to be submitted and presented
a) The components of the documents specified in Section II Appendix II issued together with this Decision.
b) Inspection of ship and crew certificates:
The port authority conducts checks on the declared information, searches the electronic database of the documents specified in Clauses 1, 2, 6, and 9 Section II Appendix II issued together with this Decision to process electronic procedures for vessels departing. The port authority may only request the person handling the procedures to submit or present documents if there is no data in the database for the vessel or crew members.
If there is no data in the electronic database for the vessel or crew members, the port authority shall notify the person handling the procedures to submit or present the documents at the main office or representative office of the port authority within the time stipulated in item b clause 1 of this Article.
For foreign vessel and crew member databases: The port authority checks and compares the electronically submitted data with the original documents (if there are changes from when they arrived) to process the departure procedures for foreign vessels. The foreign vessel and crew member database (if there are changes) will be stored on the National Single Window Portal to serve as a database for subsequent procedures.
c) The deadline for presenting documents is carried out in accordance with the provisions of item b clause 1 of this Article.
3. Responsibilities of State Management Agencies in Handling Procedures: State management agencies, based on their functions and responsibilities as prescribed by law, are responsible for checking the documents submitted electronically or presented and processing procedures for vessels.
a) Time limit for handling procedures
- For the documents specified in point a clause 1 of this Article: Immediately after the person handling the procedures sends the electronic document information to the system;
- For the documents specified in point a clause 2 of this Article: Not later than one hour from the time the person handling the procedures has presented all valid documents as required.
b) Responsibilities for handling procedures
- The port authority is responsible for checking the documents specified in Clauses 1, 2, 3, 4, and 13 Section I and Clauses 1, 2, 6, and 9 Section II Appendix II issued together with this Decision. Specifically, for the documents specified in Clauses 1 and 2 Section I Appendix II issued together with this Decision, the port authority is primarily responsible and has the final decision-making authority in cases where state management agencies participate jointly in handling and have differing opinions.
- The customs agency is responsible for checking the documents specified in Clauses 1, 2, 3, 4, 5, 6, 7, and 13 Section I and Clause 5 Section II Appendix II issued together with this Decision. Specifically, for the documents specified in Clauses 5, 6, 7, and 13 Section I Appendix II issued together with this Decision, the customs agency is primarily responsible and has the final decision-making authority in cases where state management agencies participate jointly in handling and have differing opinions.
- The Border Guard Force at the checkpoint is responsible for checking the documents specified in Clauses 1, 2, 3, 4, 9, 10, and 13 Section I and Clause 7, Clause 9 Section II Appendix II issued together with this Decision. Specifically, for the documents specified in Clauses 3, 4, 9, and 10 Section I Appendix II issued together with this Decision, the Border Guard Force at the checkpoint bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The animal quarantine agency is responsible for checking the documents specified in Clause 1, Clause 2 Section I and Clause 4 Section II Appendix II issued together with this Decision.
- The plant quarantine agency is responsible for checking the documents specified in Clause 1, Clause 2 Section I and Clause 3 Section II Appendix II issued together with this Decision.
- The health quarantine agency is responsible for checking the documents specified in Clauses 1, 2, 8, 11, and 12 Section I and Clause 8, Clause 10 Section II Appendix II issued together with this Decision. Specifically, for the documents specified in Clauses 8, 11, and 12 Section I Appendix II issued together with this Decision, the health quarantine agency bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
4. Electronic Permitting
a) Not later than one hour from when the person completing the procedure completes the declaration and submits the electronic file as prescribed, based on the feedback opinions of relevant agencies, the port inspection shall check and verify information about the vessel and crew to issue an electronic departure permit through the National Single Window Portal. In case of non-approval, a response must be given with clear reasons stated.
b) In cases where the vessel has been granted a departure permit but remains at the port for more than 24 hours from the time it was allowed to depart, the vessel must reapply for departure procedures according to the provisions of this Article.
1. Declaration Documents Submitted Electronically Through the National Single Window Portal
a) The components of the documents specified in Section I Appendix III issued together with this Decision.
b) Time limit for submitting electronic declarations
- Deadline for providing security declaration information: Not later than 24 hours before the vessel's expected arrival at the port; notification of transit vessel: Not later than 12 hours from the time the vessel is expected to arrive at the anchorage area for transit; confirmation of transit vessel: Not later than two hours before the vessel's expected arrival at the pilot station.
- Deadline for providing information on cargo declarations, secondary waybills: For voyages under five days, not later than 12 hours before the vessel's expected arrival at the anchorage area for transit; for other voyages, not later than 24 hours before the vessel's expected arrival at the anchorage area for transit.
- Time limit for providing health declaration information: Not later than 2 hours before the ship's expected arrival at the pilot station;
- Deadline for providing information on the crew list, passenger list, weapons and explosives declaration, and persons hiding on board declaration: Not later than four hours before the vessel's expected arrival at the port.
- Time limit for providing information on other declarations: Not later than 2 hours from when the ship has anchored at the wharf or 4 hours from when the ship has anchored at other locations within the port waters;
2. Documents to be submitted and presented
a) The components of the documents specified in Section II Appendix III issued together with this Decision.
b) Inspection of various certificates of the vessel and crew
The Port Authority shall inspect the declared information, search the electronic database of the documents specified in Clauses 1, 2, 3, 4, 5, and 9 Section II Appendix III issued together with this Decision as the basis for processing electronic procedures for transiting foreign vessels. The Port Authority may only request the person completing the procedure to submit and present documents if there is no data on the vessel or crew in the database.
In cases where there is no data on the vessel or crew in the electronic database, the Port Authority shall notify the person completing the procedure to submit and present the documents at the main office or representative office of the Port Authority within the time specified in item 5 point b Clause 1 of this Article.
For foreign vessel and crew databases: The person completing the procedure only needs to declare data about the vessel and crew on the National Single Window Portal for the first time, the first port authority to process the procedure shall check and compare the declared data with the original documents presented to resolve the procedure for transiting foreign vessels or when there is a change. The database on transiting foreign vessels and crews is stored on the National Single Window Portal to serve as the database for subsequent procedures.
c) The deadline for presenting documents shall be carried out according to the provisions in item 5 point b Clause 1 of this Article.
3. Responsibilities of state management agencies in handling procedures
State management agencies shall be responsible for checking the submitted declarations made electronically or the presented documents and processing the procedures for ships based on their functions and responsibilities as prescribed by law.
a) Time limit for processing:
- For the documents specified in point a Clause 1 of this Article, immediately after the person completing the procedure sends the electronic document information to the system.
- For the documents specified in point a Clause 2 of this Article: Not later than one hour from when the person completing the procedure has presented all valid documents as prescribed in point a Clause 2 of this Article.
b) Responsibilities for handling procedures
- The Port Authority is responsible for checking the documents specified in Clauses 1, 2, 3, 4, 5, 6, and 9 Section I and Clauses 1, 2, 3, 4, 5, and 9 Section II Appendix III issued together with this Decision. Specifically, for the documents specified in Clauses 1, 2, 3, 4, and 9 Section I Appendix III issued together with this Decision, the Port Authority bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The Customs Agency is responsible for checking the documents specified in Clauses 2, 3, 4, 5, 6, 7, 8, and 15 Section I and Clause 6 Section II Appendix III issued together with this Decision. Specifically, for the documents specified in Clauses 7, 8, and 15 Section I Appendix III issued together with this Decision, the Customs Agency bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The Border Guard Force at the border gate is responsible for checking the documents specified in Clauses 2, 3, 4, 5, 6, 11, and 12 Section I and Clauses 7, 8, and 9 Section II Appendix III issued together with this Decision. Specifically, for the documents specified in Clauses 5, 6, 11, and 12 Section I Appendix III of this Decision, the Border Guard Force at the border gate bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The health quarantine agency is responsible for checking the documents specified in Clauses 2, 3, 4, 10, 13, and 14 Section I Appendix III issued together with this Decision. Specifically, for the documents specified in Clause 10, 13, and 14 Section I Appendix III of this Decision, the health quarantine agency bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
4. Electronic Permitting
a) The Port Authority issues the electronic transit permit through the National Single Window Portal.
b) Not later than one hour from when the person handling the procedures completes the declaration and submits the electronic file as prescribed, based on feedback from relevant agencies, the Port Authority checks and cross-checks information about the vessel and crew members to issue the electronic transit permit through the National Single Window Portal. In case of non-approval, a response must be given with clear reasons stated.
1. Declarations made electronically through the National Single Window Portal
a) The components of the documents specified in Section I Appendix IV issued together with this Decision.
b) Deadline for submitting electronic documents:
- Deadline for providing security declaration information: Not later than 24 hours before the vessel is expected to arrive at the port; notification of arrival: Not later than eight hours before the vessel is expected to arrive at the pilot station, in cases where the vessel moves between ports or maritime areas not exceeding 20 nautical miles, not later than two hours before the vessel is expected to arrive at the pilot station; confirmation of arrival: Not later than two hours before the vessel is expected to arrive at the pilot station;
- Time limit for providing cargo declaration and secondary bill of lading information: For voyages under 5 days, not later than 12 hours before the ship's expected arrival at the port; for other voyages, not later than 24 hours before the ship's expected arrival at the port;
- Time limit for providing health declaration information: Not later than 2 hours before the ship's expected arrival at the pilot station;
- Time limit for providing information on crew lists, passenger lists, weapons and explosives declarations, and persons hiding on board declarations: Not later than 4 hours before the ship's expected arrival at the port;
- Deadline for providing information on other documents: Not later than 24 hours after returning to shore, the person handling the procedures is responsible for completing the procedures as prescribed.
2. Documents to be submitted and presented
a) The components of the documents specified in Section II Appendix IV issued together with this Decision.
b) Inspection of various certificates of the vessel and crew
The Port Authority conducts checks on the declared information, searches the electronic database of the documents specified in Clauses 1, 2, 3, 7, 8, and 10 Section II Appendix IV issued together with this Decision to process the electronic procedures for vessels entering the port. The Port Authority may only request the submission and presentation of documents in cases where there is no data in the database regarding the vessel or crew members.
In cases where there is no data in the electronic database regarding the vessel or crew members, the Port Authority shall notify the person handling the procedures to submit and present the documents at the main office or representative office of the Port Authority according to the time stipulated in point b clause 1 of Article 1 of this Decision.
For the database of foreign vessels and crew members: The person handling the procedures only needs to declare the data about the vessel and crew members on the National Single Window Portal for the first time, the Port Authority that processes first will check and cross-check the declared data with the original documents presented to resolve the procedures for foreign vessels entering the port or when there is a change. The database of foreign vessels and crew members entering the port is stored on the National Single Window Portal to serve as the basis for subsequent procedures.
c) Deadline for presenting documents without an electronic database for verification and cross-checking: As stipulated in point b clause 1 of Article 1 of this Decision.
3. Responsibilities of state management agencies in handling procedures
State management agencies shall be responsible for checking the submitted declarations made electronically or the presented documents and processing the procedures for ships based on their functions and responsibilities as prescribed by law.
a) Time limit for handling procedures
- For the documents specified in point a clause 1 of this Article: Immediately after the person handling the procedures sends the electronic document information to the system;
- For the documents specified in point a Clause 2 of this Article: Not later than one hour from when the person completing the procedure has presented all valid documents as prescribed in point a Clause 2 of this Article.
b) Responsibilities for handling procedures
- The Port Authority is responsible for checking the documents specified in Clauses 1, 2, 3, 4, 5, 6, 8, and 14 Section I and Clauses 1, 2, 3, 7, 8, and 10 Section II Appendix IV issued together with this Decision. Specifically, for the documents specified in Clauses 1, 2, 3, 4, and 14 Section I Appendix IV issued together with this Decision, the Port Authority bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The Customs Agency is responsible for checking the documents specified in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 Section I and Clause 4 Section II Appendix IV issued together with this Decision. Specifically, for the documents specified in Clauses 7, 8, 9, 10, and 11 Section I Appendix IV issued together with this Decision, the Customs Agency bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The Border Guard Force at the border gate is responsible for checking the documents specified in Clauses 2, 3, 4, 5, 6, 8, 15, and 16 Section I and Clauses 9, 10, and 12 Section II Appendix IV issued together with this Decision. Specifically, for the documents specified in Clauses 5, 6, 15, and 16 Section I Appendix IV of this Decision, the Border Guard Force at the border gate bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The Animal Quarantine Agency is responsible for checking the documents specified in Clauses 2, 3, 4, and 13 Section I and Clause 6 Section II Appendix IV issued together with this Decision. Specifically, for the document specified in Clause 13 Section I Appendix IV issued together with this Decision, the Animal Quarantine Agency bears primary responsibility and has the final authority to decide in cases where state management agencies participate jointly in handling and have differing opinions.
- The quarantine authority is responsible for checking the documents specified in Clauses 2, 3, 4, 12, 17, and 18 Section I and Clauses 5, 11, and 13 Section II Appendix IV issued together with this Decision. Specifically, for the documents specified in Clauses 12, 17, and 18 Section I Appendix IV of this Decision, the quarantine authority is primarily responsible and has the final decision-making authority in cases where state management agencies participate in handling and have differing opinions.
4. Electronic Permitting
a) At the latest two hours after receiving confirmation that the vessel has arrived at the pilot station, based on feedback from relevant agencies, the port authority issues an electronic dispatch order through the National Single Window Portal. In case of non-approval, a response must be given with clear reasons stated.
b) At the latest one hour after the person completing the procedures finishes the declaration and submits the electronic file as prescribed, based on feedback from relevant agencies, the port authority checks and cross-references information about the vessel and crew to send a confirmation notification of completed procedures to the person handling the procedures through the National Single Window Portal.
1. Declaration Documents Submitted Electronically Through the National Single Window Portal
a) The components of the documents specified in Section I Appendix V issued together with this Decision.
b) Deadline for submitting electronic documents:
- Time limit for providing information on the vessel departure notice: At the latest two hours before the vessel departs from the port;
- Time limit for providing information on other documents: At the latest two hours before the vessel departs from the port.
2. Documents to be submitted and presented
a) The components of the documents specified in Section II Appendix V issued together with this Decision.
b) Inspection of various certificates of the vessel and crew
The port authority shall check the declared information, search the electronic database of the documents specified in Clauses 1, 2, 5, and 8 Section II Appendix V issued together with this Decision as the basis for processing electronic procedures for vessels departing. The port authority may only request the submission and presentation of documents in cases where there is no data on the vessel or crew in the database.
In cases where there is no data on the vessel or crew in the electronic database, the port authority shall notify the person handling the procedures to submit and present the documents at the main office or representative office of the port authority according to the time stipulated in point b clause 1 of this Article.
For foreign vessel and crew member databases: The port authority checks and compares the electronically submitted data with the original documents (if there are changes from when they arrived) to process the departure procedures for foreign vessels. The foreign vessel and crew member database (if there are changes) will be stored on the National Single Window Portal to serve as a database for subsequent procedures.
c) Time limit for presenting documents: As stipulated in point b clause 1 of this Article.
3. Responsibilities of state management agencies in handling procedures
a) Time limit for handling procedures
- For the documents specified in point a clause 1 of this Article: Immediately after the person handling the procedures sends the electronic document information to the system;
- For the documents specified in point a Clause 2 of this Article: Not later than one hour from when the person completing the procedure has presented all valid documents as prescribed in point a Clause 2 of this Article.
b) Responsibilities for handling procedures
- The port authority is responsible for checking the documents specified in Clauses 1, 2, 3, 4, and 13 Section I and Clauses 1, 2, 5, and 8 Section II Appendix V issued together with this Decision. Specifically, for the documents specified in Clause 1 and Clause 2 Section I Appendix V of this Decision, the port authority is primarily responsible and has the final decision-making authority in cases where state management agencies participate in handling and have differing opinions.
- The customs authority is responsible for checking the documents specified in Clauses 1, 2, 3, 4, 5, 6, 7, and 13 Section I and Clause 4 Section II Appendix V issued together with this Decision. Specifically, for the documents specified in Clauses 5, 6, 7, and 13 Section I Appendix V issued together with this Decision, the customs authority is primarily responsible and has the final decision-making authority in cases where state management agencies participate in handling and have differing opinions.
- The border guard force at the checkpoint is responsible for checking the documents specified in Clauses 1, 2, 3, 4, 9, 10, and 13 Section I and Clauses 6 and 8 Section II Appendix V issued together with this Decision. Specifically, for the documents specified in Clauses 3, 4, 9, and 10 Section I Appendix V of this Decision, the border guard force at the checkpoint is primarily responsible and has the final decision-making authority in cases where state management agencies participate in handling and have differing opinions.
- The animal quarantine authority is responsible for checking the documents specified in Clause 1 and Clause 2 Section I and Clause 3 Section II Appendix V issued together with this Decision.
- The health quarantine authority is responsible for checking the documents specified in Clauses 1, 2, 8, 11, and 12 Section I and Clause 7 Section II Appendix V issued together with this Decision. Specifically, for the documents specified in Clauses 8, 11, and 12 Section I Appendix V issued together with this Decision, the health quarantine authority is primarily responsible and has the final decision-making authority in cases where state management agencies participate in handling and have differing opinions.
4. Electronic Permitting
a) At the latest one hour after the person handling the procedures completes the declaration and submits the electronic file as prescribed, based on feedback from relevant agencies, the port authority checks and cross-references information about the vessel and crew to issue an electronic departure permit through the National Single Window Portal. In case of non-approval, a response must be given with clear reasons stated.
b) In cases where the vessel has been granted a departure permit but remains at the port for more than 24 hours from the time it was permitted to depart, the vessel must reapply for departure procedures as stipulated in this Article.
1. Procedures for vessels that have entered a seaport of Vietnam and then proceed to another seaport, inland waterway port, or domestic transshipment
a) The components of declaration documents submitted electronically through the National Single Window Portal as stipulated in Section I of Appendix VI issued together with this Decision.
b) Time limit for submitting electronic declaration documents
- Time limit for providing information on vessel arrival notification: Not later than eight hours before the vessel is expected to reach the pilotage area; in cases where the vessel moves between seaports, inland waterway ports, or maritime areas not exceeding twenty nautical miles, not later than two hours before the vessel is expected to reach the pilotage area; confirmation of vessel arrival: Not later than two hours before the vessel is expected to reach the pilotage area;
- Time limit for providing information on import cargo declarations and secondary bills of lading: For voyages under five days, not later than twelve hours before the vessel is expected to dock; for other voyages, not later than twenty-four hours before the vessel is expected to dock;
- Time limit for providing information on other declarations: Not later than 2 hours from when the ship has anchored at the wharf or 4 hours from when the ship has anchored at other locations within the port waters;
c) Components of documents required to be presented as stipulated in Section II of Appendix VI issued together with this Decision.
d) Inspection of ship certificates and crew certificates
The Port Authority shall inspect the declared information, search the electronic database of the documents specified in Clauses 1, 2, 3, and 5 of Section II of Appendix VI issued together with this Decision, as the basis for processing electronic procedures for vessels entering the port. The Port Authority may only request the person handling the procedure to submit or present documents when there is no data in the database regarding the vessel or crew.
In cases where there is no data in the electronic database regarding the vessel or crew, the Port Authority shall notify the person handling the procedure to submit or present the documents at the main office or representative office of the Port Authority within the time frame specified in item 3 of point b of this clause.
For foreign vessel and crew databases: The Port Authority shall check and compare the electronic declaration data with the original documents (if there are changes from the time of entry) to process the entry procedures for foreign vessels. Foreign vessel and crew databases (if there are changes) will be stored on the National Single Window Portal to serve as the database for subsequent procedures.
f) Time limit for presenting documents without an electronic database for verification and comparison: As stipulated in item 3 of point b of this clause.
e) Time limit for handling procedures
- For the documents mentioned in point a of this clause: Immediately after the person handling the procedure sends the electronic document information to the system;
- For the documents mentioned in point c of this clause: Not later than one hour after the person handling the procedure has presented all valid documents as stipulated in point c of this clause.
g) Responsibility for handling procedures
- The Port Authority is responsible for inspecting the documents specified in Clauses 1, 2, 3, 4, 5, 6, and 8 of Section I and Clauses 1, 2, 3, and 5 of Section II of Appendix VI issued together with this Decision. Specifically, for the documents specified in Clauses 1, 2, 3, and 6 of Section I of Appendix VI issued together with this Decision, the port authority bears primary responsibility and has the final decision-making authority in cases where state management agencies participate in processing and have differing opinions.
- The Customs Authority is responsible for inspecting the documents specified in Clauses 1, 2, 3, 4, 5, 7, 8, 9, 12, and 13 of Section I and Clause 6 of Section II of Appendix VI issued together with this Decision. Specifically, for the documents specified in Clauses 7, 8, 9, 12, and 13 of Section I of Appendix VI issued together with this Decision, the Customs Authority bears primary responsibility and has the final decision-making authority in cases where state management agencies participate in processing and have differing opinions.
- The Border Guard Force at the checkpoint is responsible for inspecting the documents specified in Clauses 1, 2, 3, 4, 5, 8, 10, and 11 of Section I and Clauses 4 and 5 of Section II of Appendix VI issued together with this Decision. Specifically, for the documents specified in Clauses 4, 5, 10, and 11 of Section I of Appendix VI issued together with this Decision, the Border Guard Force at the checkpoint bears primary responsibility and has the final decision-making authority in cases where state management agencies participate in processing and have differing opinions.
- The Health Quarantine Authority is responsible for inspecting the documents specified in Clauses 1, 2, and 3 of Section I and Clause 7 of Section II of Appendix VI issued together with this Decision.
h) Issuance of electronic permits
Not later than two hours after receiving confirmation of the vessel's arrival at the pilotage area, the Port Authority shall issue an electronic dispatch order through the National Single Window Portal. If approval is not granted, the reasons must be stated.
Not later than one hour after the person handling the procedure completes the declaration and submits the electronic file as prescribed, the Port Authority shall verify and compare the information about the vessel and crew and send a confirmation of completed procedure to the person handling the procedure through the National Single Window Portal.
2. Electronic procedures for domestic route vessels entering seaports and inland waterway ports, and conducting domestic transshipments shall be carried out in accordance with regulations set forth by the Minister of Transport.
Article 11. Electronic procedures for domestic route vessels departing from seaports and inland waterway ports
The electronic procedures for domestic route vessels departing from seaports and inland waterway ports shall be carried out in accordance with the regulations of the Minister of Transport.
1. Declaration Documents Submitted Electronically Through the National Single Window Portal
a) Documents specified in Section I of Appendix VII to this Decision.
b) Deadline for submitting electronic documents: Not later than two hours before the vessel is expected to arrive at the border gate.
2. Documents to be submitted and presented
a) Documents specified in Section II of Appendix VII to this Decision.
b) Inspection of various certificates of the vessel and crew members
The Port Authority will check the declared information, search for data on the vessel and Vietnamese crew members based on the electronic database of competent authorities to process the permit issuance procedure for the vessel to enter seaports and inland waterway ports. The Port Authority may only request the person handling the procedure to submit and present documents if there is no data on the vessel or crew members in the database.
For the database of Cambodian inland waterway vessels and Cambodian crew members, the person handling the procedure only needs to declare the initial data about the vessel and crew members on the National Single Window Portal. The first port authority handling the procedure will check and compare the declared data with the original documents presented to process the entry of Cambodian inland waterway vessels into Vietnamese seaports and inland waterway ports or when there is a change. The database of Cambodian inland waterway vessels and Cambodian crew members entering Vietnamese seaports and inland waterway ports will be stored on the National Single Window Portal as the basis for subsequent procedures.
c) Deadline for presenting documents not available in the database: Not later than two hours before the vessel arrives at the port and border gate.
3. Responsibilities of specialized state management agencies at seaports and inland waterway ports
State management agencies, based on their functions and tasks as prescribed by law, are responsible for inspecting submitted electronic documents or presented documents and processing the vessel's procedures.
a) Processing deadline: Not later than thirty minutes from the time the person handling the procedure declares and sends electronic document information to the system and presents all required documents as stipulated.
b) Responsibilities of agencies
- The Port Authority is responsible for checking the documents specified in Clauses 1, 2, and 3 of Section I and Clauses 1, 5, 6, 7, 8, and 9 of Section II of Appendix VII issued together with this Decision. Specifically, for the document mentioned in Clause 1 of Section I of Appendix VII issued together with this Decision, the Port Authority bears primary responsibility and has the final decision-making authority in cases where state management agencies participate in the processing and have differing opinions.
- The Customs Authority is responsible for checking the documents specified in Clauses 2, 3, and 4 of Section I and Clause 4 of Section II of Appendix VII issued together with this Decision; it bears primary responsibility and has the final decision-making authority for the document mentioned in Clause 4 of Section I of Appendix VII issued together with this Decision in cases where state management agencies participate in the processing and have differing opinions.
- The Border Guard Force at the border gate is primarily responsible for checking the documents specified in Clause 2 and Clause 3 of Section I and Clause 10 of Section II of Appendix VII issued together with this Decision and has the final decision-making authority in cases where state management agencies participate in the processing and have differing opinions.
- The Animal Quarantine Agency is responsible for checking the documents specified in Clause 6 of Section I and Clause 3 of Section II of Appendix VII issued together with this Decision; it bears primary responsibility and has the final decision-making authority for the document mentioned in Clause 6 of Section I of Appendix VII issued together with this Decision in cases where state management agencies participate in the processing and have differing opinions.
- The Plant Quarantine Agency is responsible for checking the documents specified in Clause 5 of Section I and Clause 2 of Section II of Appendix VII issued together with this Decision; it bears primary responsibility and has the final decision-making authority for the document mentioned in Clause 5 of Section I of Appendix VII issued together with this Decision in cases where state management agencies participate in the processing and have differing opinions.
- The Health Quarantine Agency is responsible for checking the document specified in Clause 11 of Section II of Appendix VII issued together with this Decision.
4. Electronic Permitting
Not later than thirty minutes from the time the person handling the procedure completes the electronic declaration procedures and presents all required documents as stipulated, based on feedback from relevant agencies, the Port Authority will issue an electronic permit for the vessel to enter the port through the National Single Window Portal. In case of non-approval, a response must be given with clear reasons provided.
1. Declaration Documents Submitted Electronically Through the National Single Window Portal
a) The documents specified in Section I of Appendix VIII issued together with this Decision.
b) Deadline for submitting electronic documents: Not later than two hours before the vessel leaves the port.
2. Documents to be submitted and presented
a) The original documents specified in Section II of Appendix VIII issued together with this Decision.
b) Inspection of various certificates of the vessel and crew members
The Port Authority shall check the declared information and search the electronic data of the vessel and Vietnamese crew members based on the authorized agencies' electronic data to process the departure permit from seaports and inland waterway ports for the vessel. The Port Authority may only request the person handling the procedure to submit or present documents if there is no data on the vessel or crew members in the database.
For the Cambodian inland waterway vessel and Cambodian crew member's database, the person handling the procedure only needs to declare the initial data about the vessel and crew members on the National Single Window Portal. The first Port Authority handling the procedure shall verify and compare the declared data with the original documents presented to process the departure permit for Cambodian inland waterway vessels from Vietnamese seaports and inland waterway ports or when there is a change. The Cambodian inland waterway vessel and Cambodian crew member's database leaving Vietnamese seaports and inland waterway ports will be stored on the National Single Window Portal as the basis for subsequent procedures.
c) Deadline for submitting or presenting documents not in the database: Not later than two hours before the vessel leaves the port and border gate. Specifically, for passenger-carrying vessels, this can be done immediately when the vessel is preparing to leave the port and border gate.
3. Responsibilities of specialized state management agencies at seaports and inland waterway ports
State management agencies shall be responsible for checking submitted electronic documents or presented documents and processing the vessel according to their functions and tasks as prescribed by law.
a) Processing deadline: Not later than thirty minutes from the time the person handling the procedure completes the electronic declaration and sends the document information to the system and presents all required documents as stipulated.
b) Responsibilities of agencies
- The Port Authority is responsible for checking the documents specified in Clauses 1, 2, and 3 of Section I and Clauses 4, 5, and 6 of Section II of Appendix VIII issued together with this Decision. Specifically, for the document specified in Clause 1 of Section I of Appendix VIII issued together with this Decision, the Port Authority bears primary responsibility and has the final decision-making authority in cases where state management agencies participate in the handling process and have differing opinions.
- The Customs Authority is responsible for checking the documents specified in Clauses 1, 2, 3, and 4 of Section I and Clause 1 of Section II of Appendix VIII issued together with this Decision; it bears primary responsibility and has the final decision-making authority for the document specified in Clause 4 of Section I of Appendix VIII issued together with this Decision in cases where state management agencies participate in the handling process and have differing opinions.
- The Border Guard at the border gate is responsible for checking the documents specified in Clauses 1, 2, and 3 of Section I and Clause 7 of Section II of Appendix VIII issued together with this Decision; it bears primary responsibility and has the final decision-making authority for the documents specified in Clauses 2 and 3 of Section I of Appendix VIII issued together with this Decision in cases where state management agencies participate in the handling process and have differing opinions.
- The Animal Quarantine Authority is responsible for checking the documents specified in Clause 1 of Section I and Clause 2 of Section II of Appendix VIII issued together with this Decision.
- The Plant Quarantine Authority is responsible for checking the documents specified in Clause 1 of Section I and Clause 3 of Section II of Appendix VIII issued together with this Decision.
- The Health Quarantine Authority is responsible for checking the document specified in Clause 8 of Section II of Appendix VIII issued together with this Decision.
4. Electronic Permitting
a) Not later than thirty minutes from the time the person handling the procedure completes the electronic declaration and presents all required documents, based on the feedback from relevant agencies, the Port Authority shall issue an electronic permit for the vessel to enter the port through the National Single Window Portal. In case of non-approval, the reasons must be clearly stated.
b) If the vessel has been granted a departure permit but remains at the port for more than twenty-four hours from the time it received the departure permit, the vessel must reapply for the departure permit according to the provisions of this Article.
c) In case the vessel has been granted a departure permit but reaches the border gate and the competent authority at the border gate does not allow the vessel to depart, the reason must be informed to the vessel owner and clearly stated, while simultaneously notifying the Port Authority issuing the departure permit.
1. The location for receiving and processing electronic document information is the National Single Window Portal. The person handling the procedure is responsible for sending electronic data to the National Single Window Portal in accordance with this Decision for state management agencies to process vessels entering and leaving ports.
2. The location for receiving and processing document information in paper form is carried out at the main office or representative office of the port authority or the offices of other state management agencies at the port.
3. The Ministry of Finance shall take the lead and coordinate with relevant ministries to unify guidelines on the digitalization of documents that must be presented in paper form as stipulated in Articles 5, 6, 7, 8, 9, 10, 12, and 13 of this Decision.
1. State management agencies shall collect fees and charges for procedures under the National Single Window Mechanism through electronic methods as prescribed.
2. Methods of exchanging information:
a) The electronic payment gateway connects directly to the centralized system of the General Department of Customs, State Treasury, and banks.
b) The National Single Window Portal connects directly to the systems of various ministries and sectors.
1. When declaring on the National Single Window Portal, the person handling the procedure must use a digital signature.
2. The digital signature used for declaration on the National Single Window Portal must correspond to a digital certificate issued by a public digital signature service provider organization or a foreign digital signature service provider organization recognized according to Decree No. 170/2013/ND-CP dated November 13, 2013, of the Government amending and supplementing certain articles of Decree No. 26/2007/ND-CP dated February 15, 2007, of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services, and Decree No. 106/2011/ND-CP dated November 23, 2011, of the Government amending and supplementing certain articles of Decree No. 26/2007/ND-CP dated February 15, 2007.
3. The person handling the procedure registers a digital signature for declaration on the National Single Window Portal at the address http://www.customs.gov.vn.
1. State management agencies process files when the person handling the procedure declares documents within their jurisdiction. If the person does not declare, the related state management agency does not need to process the file, and the port authority issues a decision without the result of processing from that state management agency.
2. In cases where inaccurate, incomplete, or invalid information is detected, state management agencies guide the person handling the procedure to amend and supplement the declaration.
3. The declaration file will be rejected if one of the state management agencies refuses to accept it and when other state management agencies have not yet participated in processing the file. If one agency rejects the file while another has already participated in processing, the rejecting agency must inform all parties involved about the next course of action to coordinate processing and avoid hindering the procedure of the person handling the procedure.
4. If one agency rejects the file but continues to process it outside the system based on paper files, the rejecting agency must clearly record the reason for rejection on the system and provide feedback to the parties involved through the National Single Window Portal. Other state management agencies may decide to continue processing the file within the system or switch to processing paper files.
If one agency rejects the file and does not continue to process it outside the system based on paper files, it must notify and coordinate with all parties involved to agree on a solution.
1. Forms of coordination:
a) By telephone: Support hotlines of units.
b) By email: Support email boxes of units.
c) Through reporting and written documents.
Information about support hotlines and email boxes is published on the electronic portal or websites of ministries and sectors.
2. Content of coordination:
a) Coordination in receiving and handling applications to ensure timely feedback and compliance with procedural requirements.
b) Coordination in resolving difficulties encountered by individuals processing procedures and state management agencies.
c) Coordination when information systems or communication lines encounter technical issues.
3. Establishment of support units:
a) The Ministry of Finance (General Department of Customs) establishes an online support unit as the primary point of contact for receiving difficulties encountered by individuals processing procedures and customs officials during the implementation of the National Single Window mechanism.
b) Ministries establish support units with sufficient authority to coordinate with the General Department of Customs' online support unit to resolve difficulties encountered by individuals processing procedures and ministry officials during the implementation process.
c) Ministries and the General Department of Customs establish support units at state management agencies at ports to coordinate in supporting the resolution of difficulties encountered by individuals processing procedures operating within the port's jurisdiction managed by the unit.
4. Procedures for coordinating the resolution of difficulties:
a) Support units receive reports of difficulties encountered by individuals processing procedures.
b) For difficulties within the unit’s jurisdiction that can be directly resolved, the support unit proactively guides individuals in their implementation.
c) For difficulties within the unit’s jurisdiction but unable to be resolved, report to higher-level support units for guidance and direction to individuals in their implementation.
d) For difficulties within the jurisdiction of another agency or requiring inter-agency resolution, notify relevant state management agencies’ support units at the same level, report to higher-level support units and the General Department of Customs' online support unit for coordinated resolution. After formulating a resolution plan, guide individuals in its implementation while informing related support units to stay informed.
e) Difficulties and resolution plans must be reported to the General Department of Customs' online support unit to be compiled into a question-and-answer database as a basis for continued support for individuals processing procedures.
f) The General Department of Customs' online support unit is responsible for receiving difficulties related to the National Single Window Portal, inter-agency issues, and matters outside the scope of other support units. Upon receiving difficulties, the online support unit will directly guide individuals. If consultation with related agencies is required, the online support unit will forward the difficulty to the support units of relevant ministries and sectors, and upon receiving feedback, guide individuals again while updating the question-and-answer database for future reference.
1. Units shall organize monitoring and supervision of information processing by civil servants in charge of business operations at state management agencies on the National Single Window Portal and the business information systems of ministries.
2. Implement ad hoc reporting within the organization for emerging issues and regular weekly, monthly, quarterly, and annual reporting as prescribed.
3. During implementation, to enhance the effectiveness of the National Single Window Mechanism, ministries shall uniformly apply the following measures:
a) The online support unit of the General Department of Customs shall extract data weekly and send consolidated reports to the implementation units of the ministries as a basis for urging civil servants to promptly process files on the system and coordinate in resolving emerging issues faced by those handling procedures.
b) Parties shall regularly share and update information through emails and written documents regarding the implementation status and resolution of emerging issues.
1. The General Department of Customs shall be responsible for ensuring continuous operation of the National Single Window Portal 24 hours a day, 7 days a week; the information systems under the General Department of Customs shall be connected and process information with the National Single Window Portal; the network connecting the National Single Window Portal with the business information systems of ministries.
2. State management agencies at ports shall be responsible for ensuring continuous operation 24 hours a day, 7 days a week of the business information systems connected and processing information with the National Single Window Portal, which shall be managed by the units in coordination with the General Department of Customs to handle any incidents or issues that arise.
3. The General Department of Customs and state management agencies at ports must regularly arrange civil servants to work 24/7 to process business information according to procedures, ensuring smooth and secure system operation.
The process of handling transactions through the National Single Window Portal and the business information systems of state management agencies at ports must be automatically recorded in log data files. Daily, these log files must be stored on portable storage devices (magnetic tape, floppy disk, hard drive, CD-ROM, USB) and preserved according to regulations for the preservation of electronic documents. In necessary cases (inspection, control, dispute resolution, etc.), units shall be responsible for presenting log data files to competent authorities. The provisions for logging are as follows:
1. Cổng thông tin một cửa quốc gia: Ghi nhật ký giao dịch của người làm thủ tục, công chức của các bộ, ngành, hệ thống thông tin nghiệp vụ của các cơ quan quản lý nhà nước tại cảng và các đơn vị liên quan thông qua Cổng thông tin một cửa quốc gia.
2. Hệ thống thông tin nghiệp vụ của các cơ quan quản lý nhà nước tại cảng: Ghi nhật ký các bước, thời gian xử lý của công chức trên hệ thống; nhật ký tiếp nhận, phản hồi thông tin với Cổng thông tin một cửa quốc gia.
1. Quản lý người sử dụng Cổng thông tin một cửa quốc gia:
a) Tổng cục Hải quan chịu trách nhiệm quản lý người sử dụng là người làm thủ tục thông qua Cổng thông tin một cửa quốc gia; tạo lập, phân quyền cho công chức thực hiện các chức năng trên Cổng thông tin một cửa quốc gia theo đề nghị của các cơ quan quản lý nhà nước tại cảng.
b) Các cơ quan quản lý nhà nước tại cảng có trách nhiệm cung cấp danh sách, quyền hạn công chức thuộc đơn vị tham gia xử lý thông tin trên Cổng thông tin một cửa quốc gia; kịp thời thông báo các công chức không còn thẩm quyền trên Cổng thông tin một cửa quốc gia về Tổng cục Hải quan.
2. Quản lý người sử dụng hệ thống thông tin nghiệp vụ của các cơ quan quản lý nhà nước tại cảng:
Các cơ quan quản lý nhà nước tại cảng chịu trách nhiệm quản lý người sử dụng hệ thống thông tin nghiệp vụ của đơn vị.
Bộ Tài chính (Tổng cục Hải quan) có trách nhiệm duy trì hệ thống dự phòng cho Cổng thông tin một cửa quốc gia và hệ thống thông tin nghiệp vụ của Tổng cục Hải quan có kết nối, xử lý thông tin với Cổng thông tin một cửa quốc gia.
Bộ Giao thông vận tải, Bộ Y tế, Bộ Quốc phòng, Bộ Nông nghiệp và Phát triển nông thôn có trách nhiệm duy trì hệ thống dự phòng cho hệ thống thông tin nghiệp vụ của đơn vị quản lý có kết nối, xử lý thông tin với Cổng thông tin một cửa quốc gia.
Thông tin phải chuyển từ hệ thống chính sang hệ thống dự phòng định kỳ tối đa không quá 24 giờ. Thông tin thay đổi phải được lưu định kỳ 03 giờ/lần tại hệ thống chính.
1. Trường hợp chuyển sang hệ thống dự phòng đối với Cổng thông tin một cửa quốc gia
a) Trường hợp Cổng thông tin một cửa quốc gia có sự cố bất khả kháng và không thể vận hành bình thường, lãnh đạo Tổng cục Hải quan phụ trách công nghệ thông tin sẽ xem xét, quyết định chuyển sang Cổng thông tin một cửa quốc gia dự phòng.
b) Mọi dữ liệu và kết quả xử lý tại Cổng thông tin một cửa quốc gia dự phòng có giá trị pháp lý như đối với Cổng thông tin một cửa quốc gia.
c) Việc chuyển hoạt động về Cổng thông tin một cửa quốc gia sau khi sự cố được khắc phục sẽ được thực hiện bắt đầu vào ngày làm việc tiếp theo.
d) Tổng cục Hải quan phải thông báo cho tất cả các cơ quan quản lý nhà nước tại cảng về việc chuyển đổi này chậm nhất 01 giờ trước khi chuyển sang hệ thống dự phòng.
đ) Khi nhận được thông báo chuyển sang Cổng thông tin một cửa quốc gia dự phòng, các cơ quan quản lý nhà nước tại cảng và đơn vị thành viên liên quan phải có trách nhiệm phối hợp với Tổng cục Hải quan nhanh chóng triển khai phương án dự phòng và duy trì hoạt động bình thường của hệ thống thông tin nghiệp vụ do đơn vị quản lý cho đến khi Cổng thông tin một cửa quốc gia được khôi phục và hoạt động bình thường.
2. Trường hợp chuyển sang hệ thống dự phòng đối với hệ thống thông tin nghiệp vụ của các cơ quan quản lý nhà nước tại cảng
a) Trong trường hợp hệ thống thông tin nghiệp vụ của các cơ quan quản lý nhà nước tại cảng xảy ra sự cố bất khả kháng và không thể vận hành bình thường, lãnh đạo chịu trách nhiệm của đơn vị xảy ra sự cố quyết định chuyển hoạt động của hệ thống chính sang hệ thống dự phòng. Đơn vị có sự cố phải thông báo về Tổng cục Hải quan và các cơ quan quản lý nhà nước khác tại cảng chậm nhất 01 giờ trước khi chuyển sang hệ thống dự phòng.
b) Mọi dữ liệu và kết quả xử lý trên hệ thống dự phòng của các cơ quan quản lý nhà nước tại cảng có giá trị pháp lý như dữ liệu và kết quả xử lý trên hệ thống chính.
3. Chuyển dữ liệu từ hệ thống dự phòng về hệ thống chính sau khi khắc phục sự cố
a) Khi sự cố đã được khắc phục xong, việc chuyển hoạt động của hệ thống chính về trạng thái bình thường được bắt đầu vào ngày làm việc tiếp theo. Việc chuyển các dữ liệu từ hệ thống dự phòng về hệ thống chính sẽ được thực hiện vào cuối ngày làm việc.
b) Các cơ quan quản lý nhà nước tại cảng phải thực hiện quy trình kiểm tra, đối chiếu dữ liệu sau khi khắc phục sự cố.
4. Thông tin hệ thống và quy trình khắc phục sự cố
Các cơ quan quản lý nhà nước tại cảng phải thực hiện thống nhất nội dung thông tin, quy trình chuyển sang hệ thống dự phòng và quy trình đối chiếu dữ liệu sau khi khắc phục sự cố đối với từng trường hợp.
Chương III
TỎ CHỨC THỰC HIỆN
Điều 24. Trách nhiệm của người làm thủ tục
1. Khai và thực hiện các thủ tục hành chính thông qua Cổng thông tin một cửa quốc gia.
2. Tự khai và nộp thông tin, chứng từ theo quy định của pháp luật.
3. Nộp thuế, phí, lệ phí, các khoản thu khác theo quy định của pháp luật.
4. Chịu trách nhiệm trước pháp luật về sự chính xác và trung thực của nội dung đã khai và của các chứng từ đã nộp, xuất trình; sự thống nhất về nội dung thông tin giữa chứng từ giấy và chứng từ điện tử.
5. Lưu giữ hồ sơ và chứng từ liên quan đến làm thủ tục với các cơ quan quản lý nhà nước thông qua Cổng thông tin một cửa quốc gia theo quy định.
6. Trường hợp do sự cố kỹ thuật hoặc trường hợp bất khả kháng người làm thủ tục không thể khai báo làm thủ tục điện tử thông qua Cổng thông tin một cửa quốc gia thì làm thủ tục bằng hồ sơ giấy hoặc khai báo làm thủ tục thông qua hệ thống thông tin nghiệp vụ theo hướng dẫn của cơ quan quản lý nhà nước tại cảng.
Điều 25. Trách nhiệm của các bộ, ngành
1. Bộ Tài chính chủ trì, phối hợp với Bộ Giao thông vận tải, Bộ Quốc phòng, Bộ Y tế, Bộ Nông nghiệp và Phát triển nông thôn có trách nhiệm:
a) Tổ chức thực hiện, định kỳ một năm một lần báo cáo Thủ tướng Chính phủ tiến độ, kết quả triển khai Cơ chế một cửa quốc gia.
b) Hỗ trợ kỹ thuật và nghiệp vụ cho các đối tượng thực hiện.
c) Xây dựng cơ sở pháp lý và đảm bảo hạ tầng để triển khai thực hiện thanh toán, theo dõi phí, lệ phí làm thủ tục thông qua Cổng thông tin một cửa quốc gia bằng phương thức điện tử.
d) Hướng dẫn và xử lý các vướng mắc, sự cố phát sinh khi thực hiện Cơ chế một cửa quốc gia.
2. Trách nhiệm của Bộ Giao thông vận tải, Bộ Quốc phòng, Bộ Y tế, Bộ Nông nghiệp và Phát triển nông thôn:
a) Phát triển và hoàn thiện hệ thống xử lý chuyên ngành, đảm bảo hạ tầng của bộ để thực hiện thủ tục và thực hiện thanh toán, theo dõi phí, lệ phí làm thủ tục thông qua Cổng thông tin một cửa quốc gia bằng phương thức điện tử.
b) Chủ động tổ chức thực hiện, định kỳ một năm một lần báo cáo Thủ tướng Chính phủ tiến độ, kết quả thực hiện trong khuôn khổ chức năng, nhiệm vụ do bộ mình phụ trách.
c) Phối hợp với các đơn vị trong công tác hướng dẫn, xử lý các vướng mắc và sự cố phát sinh khi thực hiện Cơ chế một cửa quốc gia.
3. Trách nhiệm của Tổng cục Hải quan
a) Trực tiếp quản lý và vận hành Cổng thông tin một cửa quốc gia.
b) Tổ chức bộ phận tiếp nhận, hướng dẫn và giải đáp vướng mắc của người làm thủ tục và người sử dụng hệ thống.
c) Chủ trì, hướng dẫn và quản lý người làm thủ tục đăng ký và khai báo trên Cổng thông tin một cửa quốc gia.
d) Quản lý công chức thuộc Tổng cục Hải quan và các bộ, ngành tham gia xử lý trên Cổng thông tin một cửa quốc gia.
đ) Duy trì hệ thống mạng kết nối giữa Cổng thông tin một cửa quốc gia với hệ thống thông tin nghiệp vụ của các bộ, ngành.
Điều 26. Hiệu lực thi hành
Quyết định này có hiệu lực thi hành kể từ ngày 15 tháng 11 năm 2016.
Điều 27. Trách nhiệm thi hành
Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương chịu trách nhiệm thi hành Quyết định này./.
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THỦ TƯỚNG (Đã ký) Nguyễn Xuân Phúc |
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