Decision No. 43/2017/QD-TTg provides for the responsibilities of implementing procedures for outbound, inbound, and transit aircraft through the National Single Window Mechanism.

PRIME MINISTER -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 43/2017/QD-TTg	Hanoi, September 26, 2017

Pursuant to …;

REGULATIONS ON RESPONSIBILITIES FOR IMPLEMENTING PROCEDURES FOR AIRCRAFT LEAVING, ENTERING, AND TRANSITING THROUGH THE NATIONAL SINGLE WINDOW MECHANISM

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

Pursuant to the Customs Law dated June 23, 2014;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006 and the Law Amending and Supplementing Some Articles of the Civil Aviation Law of Vietnam dated November 21, 2014;

Pursuant to the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014;

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

Pursuant to Decree No. 08/2015/ND-CP of 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. 27/2011/ND-CP of April 9, 2011 of the Government on the provision, exploitation, processing, and utilization of information about passengers before entering Vietnam via air transport;

Pursuant to Decree No. 102/2015/ND-CP of October 20, 2015 of the Government on management and operation of civil airports and airfields;

Pursuant to Decree No. 103/2010/ND-CP of October 1, 2010 of the Government detailing the implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases concerning border health quarantine;

Pursuant to Decree No. 136/2007/ND-CP of August 17, 2007 of the Government on departure, entry of Vietnamese citizens;

Pursuant to Decree No. 94/2015/ND-CP of October 16, 2015 amending and supplementing certain articles of Decree No. 136/2007/ND-CP of August 17, 2007 of the Government on departure, entry of Vietnamese citizens;

To implement the Agreement and Protocol on the establishment and implementation of the ASEAN Single Window Mechanism;

At the proposal of the Minister of Finance;

The Prime Minister issues this Decision to regulate responsibilities for implementing procedures for aircraft leaving, entering, and transiting through the National Single Window Mechanism.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decision regulates the responsibilities for implementation and the procedure for handling procedures for aircraft leaving, entering, and transiting at international airports through the National Single Window Mechanism.

2. This Decision does not apply to: Foreign special aircraft flights carrying guests invited by the Party and State to visit and work in Vietnam; domestic special aircraft flights; flights of foreign or domestic entities escorting or conducting advance missions for the aforementioned special aircraft flights; military flights, specialized flights of the Vietnamese military, police, and customs forces, and flights used for state purposes of Vietnam, and rescue and disaster relief flights.

Article 2. Applicability

1. Agencies, organizations, and individuals related to the implementation of procedures for aircraft leaving, entering, and transiting at international airports through the National Single Window Mechanism.

2. State management agencies at airports.

Article 3. Explanation of Terms

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

1. The national single window mechanism for air transport (hereinafter referred to as the National Single Window Mechanism) allows persons handling procedures to submit electronic information and documents to implement procedures related to aircraft leaving, entering, and transiting through the National Single Window Portal. State management agencies make decisions through the National Single Window Portal.

2. The National Single Window Portal for air transport (hereinafter referred to as the National Single Window Portal) is a centralized and integrated information system serving the electronic declaration of persons handling procedures for aircraft leaving, entering, and transiting, and the completion of procedures by state management agencies at airports. The website address for accessing the National Single Window Portal is: https://www.vnsw.gov.vn.

3. State management agencies at airports include: Customs, airport authority, border police, animal quarantine agency, plant quarantine agency, and border health quarantine organization.

4. The business information system of state management agencies (hereinafter referred to as the business information system) includes functions connecting with the National Single Window Portal and subsystems for processing electronic declaration forms submitted by persons handling procedures through the National Single Window Mechanism.

5. Procedures for aircraft leaving, entering, and transiting on the National Single Window Portal are the sequence of electronic transactions from when persons handling procedures declare electronic forms through the National Single Window Mechanism until they receive the decision from relevant state management agencies completing the procedures for aircraft leaving, entering, and transiting through the National Single Window Portal.

6. Electronic files are electronic information representing the contents of forms and documents that persons handling procedures must submit according to regulations; notifications and confirmations related to business operations conducted through the National Single Window Portal between state management agencies at airports and persons handling procedures; notifications between state management agencies.

7. Persons handling procedures are the captain or a legally authorized representative of the carrier (airline or airline agent), organizations, and individuals related to declaring and handling procedures for aircraft leaving, entering, and transiting with state management agencies at airports through the National Single Window Portal. In cases where airlines or airline agents do not have detailed secondary bill of lading information, the issuer of the bill of lading is responsible for creating and sending detailed secondary bill of lading information electronically to the National Single Window Portal.

8. Users are those who access, process, and utilize the functions on the National Single Window Portal.

Chapter II

SPECIFIC PROVISIONS

Article 4. Responsibility for implementing procedures for outbound aircraft

1. The person handling electronic declaration shall declare the following information or documents through the National Single Window Portal:

a) Export cargo manifest and master air waybill for outbound aircraft carrying export goods;

b) Passenger list for outbound aircraft carrying passengers;

c) Crew list;

d) Checked baggage declaration form for passengers for outbound aircraft carrying checked baggage of passengers. This information may be declared independently or included in the passenger list, crew list, and passenger booking information (PNR);

đ) Flight information (flight route, flight data, airline name, port of entry, number of passengers, crew, and departure time);

e) Passenger booking information (PNR information).

The information indicators to be declared in the electronic documents under this Clause through the National Single Window Portal shall be in accordance with the Appendix issued together with the Decision.

2. Documents to be submitted or presented:

The person handling the procedure must submit the following original paper documents to state management agencies at the airport:

a) General aviation declaration form (including health declaration) to the border quarantine organization;

b) Health declaration form for corpses, remains, ashes (if any) to the border quarantine organization;

c) Health declaration form for medical microbiological samples, biological products, human tissues, organs (if any) to the border quarantine organization.

The person handling the procedure must present the following original paper documents to state management agencies at the airport:

d) Passport or international travel document and visa of passengers; Passport or international travel document and visa of crew members to the Border Gate Police;

đ) International vaccination certificate of crew members and passengers (in cases of departure from or transit through areas affected by infectious diseases or suspected of being infected with infectious disease agents) to the border quarantine organization.

3. Time limit for providing information and documents:

a) Time limit for providing information on the documents mentioned in points a, b, c, d of Clause 1 of this Article: Immediately after the carrier completes the procedures for exported goods and outbound passengers.

b) Time limit for providing information on the document mentioned in point đ of Clause 1 of this Article: At the time of processing for outbound passengers and exported goods.

c) Time limit for providing information on the document mentioned in point e of Clause 1 of this Article: Not later than 24 hours before the scheduled departure time of the aircraft. In case of changes in PNR information, updated information must be sent not later than 8 hours before the scheduled departure time of the aircraft.

d) Time limit for submitting the documents mentioned in points a, b, c of Clause 2 of this Article: Immediately before the scheduled departure time of the aircraft. Time limit for presenting the documents mentioned in points d, đ of Clause 2 of this Article: At the time of processing with state management agencies.

4. Responsibilities of state management agencies at the airport

State management agencies based on their functions and responsibilities as prescribed by law shall be responsible for: Receiving and confirming receipt of information/documents provided through the electronic method; receiving original paper documents; checking original paper documents presented; confirming completion of procedures for outbound aircraft. The receipt, confirmation of receipt, and confirmation of completion of procedures shall be automatically implemented through the National Single Window Portal for the person handling the procedure and related parties.

a) Time limit for completing procedures

- For the documents mentioned in Clause 1 of this Article: Not more than 1 hour from the time the person handling the procedure declares complete and valid information and sends the electronic information/documents to the system;

- For the documents mentioned in Clause 2 of this Article: Immediately when the person handling the procedure submits and presents all required documents in compliance with regulations.

b) Responsibilities for completing procedures

- The Civil Aviation Authority is responsible for receiving and confirming receipt of the documents mentioned in point đ of Clause 1 of this Article;

- The Border Gate Police is responsible for receiving and confirming receipt of the documents mentioned in points đ, e of Clause 1 and checking the documents mentioned in point d of Clause 2 of this Article;

- The border quarantine organization is responsible for checking the documents mentioned in points a, b, c, đ of Clause 2 of this Article;

- The Customs Authority is responsible for receiving and confirming receipt of the documents mentioned in points a, b, c, d, đ, e of Clause 1 of this Article and confirming completion of customs procedures for outbound aircraft.

5. Amending and supplementing information in the set of declaration documents through the National Single Window Portal

a) The person handling the procedure may request to amend and supplement information in the declaration documents through the National Single Window Portal before or after the departure of the aircraft.

b) The specialized state management agency receiving the amended and supplemented information shall handle the electronic procedures for the outbound aircraft.

Article 5. Responsibility for implementing procedures for aircraft entering the country

1. The person declaring through electronic means shall provide the following information or documents via the National Single Window Portal:

a) The import declaration form for goods transported by air and the master air waybill for aircraft entering the country that carry imported goods;

b) Information on secondary air waybills for aircraft entering the country that carry imported goods;

c) Passenger list for aircraft entering the country that carry passengers;

d) Crew list;

đ) A summary declaration of checked baggage for passengers for aircraft entering the country that carry checked baggage of passengers. This information may be declared independently or included in the passenger list, crew list, and passenger booking information (PNR);

e) Flight information (flight route, flight data, airline name, port of entry, number of passengers, crew, and time of entry);

g) Passenger booking information (PNR information).

The information indicators to be declared in the documents through the electronic method under this clause via the National Single Window Portal are set out in the Appendix issued together with this Decision.

2. Documents to be submitted or presented:

The person handling the procedure must submit the following original paper documents to state management agencies at the airport:

a) General aviation declaration form (including health declaration) to the border quarantine organization;

b) The plant quarantine declaration form (for goods subject to plant quarantine) submitted to the plant quarantine authority;

c) The animal quarantine declaration form (for goods subject to animal quarantine) submitted to the animal quarantine authority;

d) Health declaration form for corpses, remains, ashes (if any) submitted to the border health quarantine organization;

đ) Health declaration form for medical microorganisms, biological products, tissues, organs of the human body (if any) submitted to the border health quarantine organization.

The person handling the procedure must present the following original paper documents to state management agencies at the airport:

e) Passports or international travel documents and visas of passengers; passports or international travel documents and visas of crew members presented to the Border Police at the port of entry;

g) International vaccination certificate of passengers (in cases where the departure or transit involves regions with infectious diseases or suspected infection, and where vaccination is mandatory according to the Ministry of Health's regulations) presented to the border health quarantine organization;

h) Health declaration form (in cases where the Ministry of Health implements health declaration measures for incoming persons) presented to the border health quarantine organization.

3. Time limit for providing information and documents:

a) The deadline for providing information for the documents mentioned in points a, b, c, d, đ of Clause 1 of this Article: For flights lasting longer than three hours, three hours before the aircraft enters the first airport in Vietnam; for flights shorter than three hours, thirty minutes before the aircraft enters the first airport in Vietnam.

b) The deadline for providing information for the document mentioned in point e of Clause 1 of this Article: Immediately when processing boarding procedures for passengers and crew members to board an aircraft heading to an international airport in Vietnam.

c) The deadline for providing information for the document mentioned in point g of Clause 1 of this Article: At least twenty-four hours before the aircraft's entry time. In case of changes in PNR information, updated information must be sent at least eight hours before the aircraft's entry time.

d) The deadline for submitting the documents mentioned in points a, b, c, d, đ of Clause 2 of this Article: At least two hours before the aircraft arrives at the airport. The deadline for presenting the documents mentioned in points e, g, h of Clause 2 of this Article: At the time of processing with the competent state management agency.

4. Responsibilities of state management agencies at the airport

The state management agency, based on its functions and responsibilities as prescribed by law, is responsible for: Receiving, responding to the receipt of provided information/documents through the electronic method; receiving the paper documents; inspecting the paper documents presented; confirming the completion of the entry procedures for the aircraft. The receipt, response to receipt, and confirmation of completion of procedures are automatically carried out through the National Single Window Portal for the declarant and related parties.

a) The deadline for completing the procedures:

- For the documents mentioned in Clause 1 of this Article: Not more than 1 hour from the time the person handling the procedure declares complete and valid information and sends the electronic information/documents to the system;

- For the documents mentioned in Clause 2 of this Article: Immediately upon submission or presentation of all valid documents as required by the declarant.

b) Responsibilities for completing procedures

- The Civil Aviation Authority is responsible for receiving and responding to the receipt of the documents mentioned in point e of Clause 1 of this Article;

- The Border Police is responsible for receiving and responding to the receipt of the documents mentioned in points e, g of Clause 1 of this Article and inspecting the documents mentioned in point e of Clause 2 of this Article;

- The border health quarantine organization is responsible for inspecting the documents mentioned in points a, d, đ, g, h of Clause 2 of this Article;

- The plant quarantine authority is responsible for receiving the documents mentioned in point b of Clause 2 of this Article;

- The animal quarantine authority is responsible for receiving the documents mentioned in point c of Clause 2 of this Article;

- The customs authority is responsible for receiving and responding to the receipt of the documents mentioned in points a, b, c, d, đ, e, g of Clause 1 of this Article and confirming the completion of customs procedures for the aircraft entering the country.

5. Amending and supplementing information in the set of declaration documents through the National Single Window Portal

a) The declarant may request modifications or supplements to the information in the declaration documents through the National Single Window Portal before or after the aircraft's entry.

b) The state management agency receives the modified or supplemented declaration information to implement electronic procedures for the aircraft departing from the country.

Article 6. Responsibility for handling procedures for transit aircraft

In cases where transit aircraft stop or park at airports for loading and unloading export and import goods and for passengers to exit or enter the country:

1. When the aircraft enters the country, it shall be handled according to the provisions of Article 5 of this Decision.

2. When the aircraft departs, if there are changes to the documents upon entry, the procedures shall be carried out according to the provisions of Article 4 of this Decision.

Article 7. Responsibilities of Airports Enterprises

1. Not later than 24 hours (for non-scheduled flights, not later than 1 hour) before the aircraft enters the country and before the carrier completes the air transport procedures for exiting passengers and exporting goods, the airport enterprise shall be responsible for providing the customs office at the international airport with the following information:

a) Nationality of the aircraft;

b) Type of aircraft;

c) Flight route;

d) Arrival time and departure time of the aircraft;

đ) Aircraft parking position;

e) Passenger entrance door;

g) Time of loading and unloading cargo on and off the aircraft.

2. The airport enterprise shall notify the customs authority not later than 1 hour before the aircraft departs or arrives when there are changes to the information specified in Clause 1 of this Article.

Article 8. Location for Receiving and Processing Information and Documents

1. The location for receiving and processing electronic information and documents is the National Single Window Portal. The person handling the procedure shall be responsible for sending electronic data to the National Single Window Portal in accordance with this Decision so that the state management agency can handle the procedures for the aircraft's entry, exit, and transit.

2. The location for receiving and processing paper-based information and documents is carried out at the offices of state management agencies at the airport.

Article 9. Management of Users

1. Management of users of the National Single Window Portal

a) The General Department of Customs is responsible for managing users of the National Single Window Portal; establishing and granting permissions to civil servants to perform functions on the National Single Window Portal based on the requests of state management agencies at the airport.

b) State management agencies at the airport are responsible for providing lists and authorities of civil servants from their units participating in processing information on the National Single Window Portal; promptly reporting to the General Department of Customs about civil servants who no longer have authority on the National Single Window Portal.

2. Management of users of the business information systems of state management agencies at the airport:

State management agencies at the airport are responsible for managing users of the business information systems of their units.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of the Person Handling Procedures

1. Declare and carry out administrative procedures through the National Single Window Portal.

2. Self-declare and submit information and documents in accordance with the law.

3. Pay taxes, fees, charges, and other revenues as prescribed by law.

4. Bear legal responsibility for the accuracy and truthfulness of the declared content and submitted documents; consistency of information content between paper documents and electronic documents.

5. Retain files and documents related to procedures with state management agencies through the National Single Window Portal as prescribed.

6. In cases of technical failures or force majeure where the person handling the procedure cannot declare and handle procedures electronically through the National Single Window Portal, they shall handle the procedures using paper documents as prescribed or declare and handle procedures through the business information system according to the guidance of the state management agency at the airport.

Article 11. Responsibilities of ministries

1. The Ministry of Finance shall be responsible for leading and coordinating with other ministries to:

a) Implement this Decision; annually report to the Prime Minister on the progress and results of implementing the National Single Window mechanism;

b) Establish legal foundations and ensure infrastructure for the electronic payment and monitoring of fees and charges through the National Single Window portal.

2. The Ministry of Public Security, the Ministry of Transport, the Ministry of Agriculture and Rural Development, and the Ministry of Health, within their assigned functions and tasks, shall be responsible to:

a) Develop and improve specialized systems, ensuring infrastructure within their ministries to implement procedures and conduct electronic payments and monitoring of fees and charges through the National Single Window portal;

b) Proactively implement this Decision, annually submitting to the Ministry of Finance reports on the progress and results of their implementation for consolidation and reporting to the Prime Minister;

c) Ensure continuous operation of business information systems connected to and processing information with the National Single Window portal managed by their units; coordinate with the General Department of Customs to address any incidents or issues arising;

d) Coordinate, unify, and guide the electronic submission of documents required under Articles 4, 5, and 6 of this Decision in paper form.

3. Responsibilities of the General Department of Customs

a) Provide technical and operational support to entities implementing the mechanism;

b) Organize a department to receive, guide, and resolve any issues or incidents arising during the implementation of the National Single Window mechanism;

c) Ensure continuous operation of the National Single Window portal 24 hours a day, seven days a week; systems within the General Department of Customs that connect and process information with the National Single Window portal; networks connecting the National Single Window portal with the business information systems of ministries;

d) Lead, guide, and manage individuals registering and declaring on the National Single Window portal; manage users who are civil servants from participating ministries and agencies on the National Single Window portal.

4. Responsibilities of ministries and agencies in coordination for receiving, processing applications, resolving issues, and system operations:

a) In cases where an agency refuses an application or continues to process it outside the system using paper forms, they must notify and coordinate with all relevant parties to agree on a resolution plan;

b) Receive and process issues raised by applicants through various means: reports, documents, email support from units or through the support hotline of the agencies;

c) Record the process of transactions conducted through the National Single Window portal and the business information systems of state management authorities at airports in log file data format.

Article 12. Effective Date

This Decision takes effect from November 15, 2017.

Article 13. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the Central Government are responsible for implementing this Decision./.

PRIME MINISTER Nguyen Xuan Phuc