Decision No. 48/2011/QD-TTg on piloting the implementation of the national single window customs mechanism

Pursuant to …;

Regarding the pilot implementation of the National Single Window Customs Mechanism

_____________________

PRIME MINISTER

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

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

Pursuant to the Maritime Code dated June 14, 2005; the Law on Export Duties and Import Duties dated June 14, 2005; the Commercial Law dated June 14, 2005; the Tax Administration Law dated November 29, 2006; and the Electronic Transactions Law dated November 29, 2005;

Pursuant to the Agreement and Protocol on the establishment and implementation of the ASEAN Single Window mechanism;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. The pilot implementation of the National Single Window Customs Mechanism shall be carried out with the main contents as follows:

1. The National Single Window Customs Mechanism is an integrated system that allows:

a) Parties involved in export and import activities to submit or send standardized information and documents to a single point of entry;

b) State agencies to process data and information and make decisions based on unified and synchronized procedures and processes; to make decisions and send these decisions to the agreed-upon system for the provision and exchange of unified information among state agencies; and

c) The Customs Authority to make the final decision on clearance, release of exported, imported, or transited goods, or exit, entry, or transit of transport vehicles based on the decisions of relevant state agencies timely transferred according to the service delivery regulations.

2. Scope of Application:

The pilot National Single Window Customs Mechanism shall apply to exported, imported, and transited goods and entry, exit, or transited transport vehicles (hereinafter collectively referred to as exported and imported goods and transport vehicles) in accordance with the Customs Law.

3. Pilot implementing agencies and units:

a) Agencies and units under the Ministry of Finance, Ministry of Industry and Trade, Ministry of Transport, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment, and local state agencies with functions and tasks of issuing permits or handling administrative procedures prescribed by law (hereinafter collectively referred to as administrative procedures) related to the clearance of exported and imported goods and transport vehicles;

b) Enterprises with exported and imported goods that have participated in electronic customs procedures and meet the conditions for piloting the National Single Window Customs Mechanism;

c) Provincial and centrally-administered city Customs Departments that have implemented and carried out electronic customs procedures.

4. Contents of the pilot implementation of the National Single Window Customs Mechanism include:

a) Selecting and announcing the list of administrative procedures to be applied in the pilot National Single Window Customs Mechanism;

b) Declaring and receiving information on administrative procedures through electronic means;

c) Providing feedback and delivering results to agencies and units handling administrative procedures through electronic means combined with paper file submission (for procedures not yet recognizing electronic files);

d) Exchanging information between agencies and units handling administrative procedures as well as the results of their decisions through electronic means;

đ) Electronic payment for taxes, fees, and charges through commercial banking systems based on agreements for the exchange and processing of tax, fee, and charge collection, payment, and settlement information among relevant state agencies and commercial banks;

e) Electronic documents exchanged between state agencies within the National Single Window Customs System in the implementation of administrative procedures having the same legal value as paper documents;

g) Preparing necessary conditions for exchanging information on Certificates of Origin (C/O) according to the ATIGA Agreement in ASEAN and moving towards mutual recognition of electronic C/Os among ASEAN member countries;

h) Being ready to exchange basic information on customs declarations with Customs authorities of other ASEAN member countries in a unified format.

5. Timeframe and schedule for the pilot implementation:

a) From October 2011 to December 2012: drafting legal documents and procedures; preparing conditions for information technology infrastructure and building the National Single Window Customs Information System;

b) From January to December 2013: piloting at agencies and units under the Ministry of Industry and Trade, Ministry of Finance (General Department of Customs), Ministry of Transport, and some local state agencies in finance, industry and trade, and transport sectors;

c) From January to December 2014: expanding the pilot to agencies under the Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment, and some local state agencies in health, agriculture and rural development, natural resources, and environment sectors.

In December 2014, summarizing the pilot and proposing plans for officially implementing the National Single Window Customs Mechanism in the next phase.

Article 2. Responsibilities of Ministries and Agencies

1. Responsibilities of the Ministry of Finance:

a) Take the lead and coordinate with relevant Ministries and Agencies to implement this Decision; develop and issue guiding documents and mechanisms and policies related to the pilot implementation; establish cooperation mechanisms, information exchange, and decision-making within the framework of the National Single Window Customs Mechanism; select enterprises to participate in the pilot; compile reports on the pilot implementation; conclude and propose the formal implementation of the National Single Window Customs Mechanism;

b) Select the list of administrative procedures and conditions for piloting the National Single Window Customs Mechanism within their respective areas of state management;

c) Direct the General Department of Customs to build, manage, and operate the National Single Window Customs Information Portal and the information technology system for the pilot implementation;

d) Annually (or when necessary), report to the National Steering Committee and the Prime Minister on the progress and results of the pilot implementation.

2. Responsibilities of the Ministry of Industry and Trade, the Ministry of Transport, the Ministry of Health, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment:

a) Designate units to participate in the pilot implementation; select and announce the list of administrative procedures and conditions for piloting the National Single Window Customs Mechanism within their respective areas of state management;

b) Coordinate with the Ministry of Finance to develop and issue guiding documents and organize the pilot implementation; establish cooperation mechanisms, information exchange, and decision-making within the framework of the National Single Window Customs Mechanism;

c) Lead the construction, management, and operation of the information technology system serving the pilot within their respective management scope;

d) Report to the National Steering Committee and the Prime Minister on the progress and results of the pilot implementation of their respective Ministries and sectors annually or at any time when required.

3. Responsibilities of the Ministry of Information and Communications: coordinate with the Ministry of Finance and relevant Ministries and Agencies in building the national single window customs infrastructure and ensuring information security and safety for the system during operation.

4. Responsibilities of the State Bank of Vietnam: coordinate with the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Transport, and relevant agencies to develop mechanisms and policies related to electronic payment for fees, charges, taxes, and other revenues associated with export, import, and transit activities within the framework of administrative procedures implemented under the National Single Window Customs Mechanism.

5. Responsibilities of the Vietnam Chamber of Commerce and Industry:

Coordinate with the Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Transport, and relevant agencies:

a) Organize publicity, raise awareness, train, and provide instruction to businesses about requirements, benefits, guarantees, and regulations that must be followed when participating in the National Single Window Customs Mechanism;

b) Organize seminars, surveys, and consultations to gather opinions from businesses during the development and implementation of the National Single Window Customs Mechanism.

Article 3. Responsibilities of Enterprises Participating in the Pilot Implementation of the National Single Window Customs Mechanism

1. Declare and perform administrative procedures through the electronic data processing system of the National Single Window Customs Electronic Information Portal.

2. Submit documents and provide information related to imported and exported goods and transportation means, and pay taxes, fees, charges, and other revenues as prescribed by law.

3. Bear legal responsibility for the accuracy and truthfulness of the declared content and submitted documents presented to authorities; ensure consistency between paper-based and electronic information and documents created by the enterprise.

4. Retain records, books, and documents related to the clearance of exported goods and transportation means in accordance with the provisions of the law.

Article 4. Funding for Implementation and Investment Mechanism

1. In principle, the mobilization of capital sources and investment mechanism to implement the National Single Window Customs Mechanism shall maximize and harmonize all resources including: Official Development Assistance (ODA) funds, non-repayable aid, state budget funds, and other sources, including private sector funding through public-private partnership models.

The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to study and propose appropriate investment mechanisms for building, managing, operating, and maintaining the National Single Window Customs Electronic Portal connected to the electronic information systems of relevant ministries and agencies; to study and establish fee collection and usage mechanisms for certain public services through the National Single Window Customs Electronic System, to be submitted to the Prime Minister for decision.

2. Regular funding for research, issuance of guiding documents, and implementation of the National Single Window Customs Mechanism shall be allocated and balanced in the annual state budget estimates of relevant ministries and agencies in accordance with the State Budget Law.

Article 5. Implementation Provisions

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

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decision./.