Joint Circular No. 64/2016/TTLT-BTC-BVHTTDL guiding the implementation of the National Single Window Mechanism for the procedure to review the content of imported children's toys under the specialized management of the Ministry of Culture, Sports and Tourism.

JOINT CIRCULAR

Guidelines for Implementing the National Single Window Mechanism for the Procedure to Review the Content of Imported Children's Toys within the Scope of Specialized Management of the Ministry of Culture, Sports and Tourism scope specialized management of the Ministry of Culture, Sports and Tourism

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

Pursuant to the Law on Electronic Transactions No. 51/2005/QH11 dated November 29, 2005;Law No. 51/2005/QH11 dated November 29, 2005;

Pursuant to the Law on Trade No. 36/2005/QH11 dated June 14, 2005; Decision No. 36/2005/QH11 dated June 14, 2005;

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. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade concerning international trade activities and foreign agency buying, selling, processing, and transit goods;

On the basis of Government Decree No. 215/2013/Decree-CP dated February 23 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;2 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;13 Pursuant to the Government’s Decree on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Minister of Finance and the Minister of Culture, Sports and Tourism issue this Circular to guide the implementation of the National Single Window Mechanism for the procedure to review the content of imported children's toys within the scope of specialized management of the Ministry of Culture, Sports and Tourismscope specialized management of the Ministry of Culture, Sports and Tourism.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of the National Single Window Mechanism for the procedure to review the content of imported children's toys within the scope of specialized management of the Ministry of Culture, Sports and Tourism as stipulated in the Law on Customs No. 54/2014/QH13 dated June 23, 2014 and 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 over the following contents:

1. Provisions on the process of declaration and receipt of information declaration, issuance of results of administrative procedures conducted electronically; criteria and formats of electronic documents used to implement the procedure to review the content of imported children's toys under the specialized management of the Ministry of Culture, Sports and Tourism.

2. Provisions on coordination mechanisms and information exchange to implement the single administrative procedure as provided for in this Article between the Ministry of Finance and the Ministry of Culture, Sports and Tourism.

3. Other issues related to administrative procedures as stipulated herein shall be implemented according to specialized legal documents.

Article 2. Applicability

1. Departments and units under the Ministry of Finance and the Ministry of Culture, Sports and Tourism shall handle and issue permits for the single administrative procedures prescribed in Article 1 of this Joint Circular; departments under the General Department of Customs shall be responsible for clearing imported goods into Vietnam.

2. Organizations and individuals implementing importation of goods; organizations and individuals with rights and obligations related to import activities may choose to perform single administrative procedures through the National Single Window Portal.

Article 3. Explanation of Terms

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

1. Single window administrative procedure processing agency (hereinafter referred to as the handling authority) is a department or unit under the Ministry of Finance and the Ministry of Culture, Sports and Tourism that has the function of handling and issuing permits for administrative procedures as prescribed in Article 1 of this Joint Circular.

2. National Single Window Portal Clause 1, Article 7 of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government is an integrated information system including the customs clearance system of the customs authorities and the information system of the Ministry of Culture, Sports and Tourism (hereinafter referred to as specialized processing systems).

3. Single Window Administrative File includes electronic documents and accompanying documents according to the provisions of specialized regulatory documents for each administrative procedure in the form of: Electronic documents converted from paper documents in accordance with the law on electronic transactions, paper documents.

4. Electronic document is information declared, processing results, and notifications created, sent, received, and stored electronically to implement single-window administrative procedures.

5. Declarant is an organization or individual implementing single-window administrative procedures as prescribed in Article 1 of this Joint Circular.

6. System user are objects as prescribed in Clause 1, Article 11 of this Joint Circular permitted to access the National Single Window Portal.

7. National Single Window Portal management unit Clause 3, Article 8 of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government refers to the General Department of Customs under the Ministry of Finance.

Article 4. Electronic transactions on the National Single Window Mechanism

Electronic transactions on the National Single Window Mechanism (hereinafter referred to as electronic transactions) include:

1. Filing, receiving, and responding to information regarding the processing of administrative procedures through the National Single Window Portal.

2. Receive and transfer declaration information to the handling authorities through the National Single Window Portal.

3. Receive processing results from the handling authorities through the National Single Window Portal.

4. Exchanging information among handling agencies through the National Single Window Portal.

Article 5. Administrative Procedure Implementation Files for the One-Stop Shop

The single administrative dossier as prescribed in Clause 3, Article 3 of this Joint Circular to implement the procedure to review the content of imported children's toys includes:

1. Request for review of imported children's toys within the scope of specialized management of the Ministry of Culture, Sports and Tourism according to the information criteria specified in Model 1 of Appendix I attached to this Joint Circular.

2. Request for presentation of samples according to the information criteria specified in Model 2 of Appendix I attached to this Joint Circular.

3. Notification of the result of reviewing imported children's toys according to the information criteria specified in Model 3 of Appendix I attached to this Joint Circular.

Article 6. Electronic documents, conversion from paper documents to electronic documents and vice versa

1. Electronic documents declared or presented to state management agencies through the National Single Window Mechanism may be converted from paper documents if the following conditions are met:

a) Fully reflect the content of the paper documents;

b) There is a digital signature registered to participate in the National Single Window Portal of the person performing the conversion (the declarant) on the electronic document converted from the paper document.

2. Electronic documents issued through the National Single Window Portal can be converted into paper documents if the following conditions are met:

a) Fully reflect the content of the electronic document;

b) There are recognizable features on the paper documents converted from electronic documents printed out from the National Single Window Portal. Recognizable features include information indicating that the document has been digitally signed by the issuing authority or the National Single Window Portal, the name and email address and/or phone number of the signing authority, and the time of digital signature. Recognizable features are published by the National Single Window Portal Management Unit at the website: https://vnsw.gov.vn;

c) There is a legal signature, full name, and seal of the person performing the conversion (the declarant) on the paper document converted from the electronic document.

3. Electronic documents have the same value for procedures with state management agencies as the documents themselves in their paper form.

4. The declarant must retain electronic documents and paper documents in accordance with the regulations.

Article 7. Registration of user accounts for the National Single Window Portal

1. In cases where the declarant has been granted access accounts to existing specialized processing systems by the Ministry of Finance and the Ministry of Culture, Sports and Tourism, the declarant selects one of these accounts to access the National Single Window Portal. To use the access account, the declarant accesses the National Single Window Portal at the website https://vnsw.gov.vn and registers the account usage on the National Single Window Portal according to the information specified in Model 1 of Appendix II attached to this Joint Circular. The National Single Window Portal Management Unit shall be responsible for guiding the declarant on the use of the registered account to access the National Single Window Portal in case of any issues arising.

2. In cases where the declarant does not have a user account issued by the Ministry of Finance and the Ministry of Culture, Sports and Tourism, the registration of a user account on the National Single Window Portal will be carried out as follows:

a) The person accessing the National Single Window Portal at the address https://vnsw.gov.vn and registering information on the application form according to the information specified in Appendix II Model 2 issued together with this Joint Circular shall perform such actions. Within one working day from the date of receiving the registration information submitted through the National Single Window Portal, the National Single Window Portal Management Unit shall check and verify the information of the applicant. In case the application is not approved or is incomplete, the National Single Window Portal Management Unit shall notify the applicant via email (specifying the reasons). If the application is complete and meets all conditions, the National Single Window Portal Management Unit shall notify the applicant via email of acceptance of the application; and provide the initial login account name and password for the applicant.

b) After issuing a new account to the declarant, the National Single Window Portal sends the new account information of the declarant to the corresponding specialized processing systems.

3. In cases where the user is an officer or civil servant of agencies and units under the Ministry of Finance, the Ministry of Culture, Sports and Tourism, the issuance of user accounts on the National Single Window Portal shall be carried out as follows:

a) The Ministry of Finance and the Ministry of Culture, Sports and Tourism shall compile a list of new user accounts required on the National Single Window Portal, specifying full name, position, place of work, and the scope of functions within their respective Ministries that they are authorized to use on the National Single Window Portal, following the model provided by the National Single Window Portal Management Unit on the National Single Window Portal, and send a notification letter to the National Single Window Portal Management Unit.

b) Within five working days, the National Single Window Portal Management Unit shall, based on technical requirements for ensuring system security, review the number of accounts requested by the Ministry of Finance and the Ministry of Culture, Sports and Tourism, issue user accounts to these Ministries, and notify them in writing of the login name and default password. In case the number of newly issued accounts is less than the number requested by the Ministry of Finance and the Ministry of Culture, Sports and Tourism, the National Single Window Portal Management Unit must specify the reasons in the notification letter sent to these Ministries.

Article 8. Responsibilities of Users of the National Single Window Portal

The user shall be responsible for the accuracy and completeness of the information and data provided to the National Single Window Portal in accordance with the provisions of specialized laws governing administrative procedures.

Chapter II

PROVISIONS ON THE NATIONAL SINGLE WINDOW PORTAL

Article 9. Principles of Operation of the National Single Window Portal

1. Compliance with the provisions of specialized laws, laws on state secrets protection, commercial secrets protection, and business secrets protection for electronic transactions conducted on the National Single Window Portal.

2. Ensure the accuracy, objectivity, completeness, and timeliness of electronic transactions conducted through the National Single Window Portal.

Article 10. Functions of the National Single Window Portal

1. Receiving electronic documents and related information, verifying the digital signature of the declarant and processing agencies.

2. Transfer electronic certificates, other information of the applicant to the processing agency or organization designated by the enterprise for conformity assessment, while storing the information from the applicant on the National Single Window Portal for the purpose of retrieval and statistics.

3. Receiving notifications from processing agencies.

4. Returning electronic documents to the declarant.

5. Exchanging processing results between processing agencies.

6. Store the status of electronic transactions conducted through the National Single Window Portal, store electronic documents.

7. Providing certain reporting and statistical functions according to requirements from processing agencies and declarants.

Article 11. Authority and Level of Access to the National Single Window Portal

1. The entities allowed access to the National Single Window Portal include:

a) Organizations and individuals implementing administrative procedures prescribed in Article 1 of this Joint Circular;

b) Customs authorities, agencies and units under the Ministry of Culture, Sports and Tourism conducting content verification of imported children's toys;

c) State management agencies not mentioned in point b of this clause that exploit information from the National Single Window Portal.

2. Levels and authority of access:

a) Organizations and individuals specified in point a, Clause 1 of this Article may access the National Single Window Portal to declare information, receive feedback on the processing of applications for single window administrative procedures, receive single window administrative certificates, and other processing results for single window administrative procedures, and retrieve information published on the National Single Window Portal;

b) Entities specified in point b, Clause 1 of this Article may access the National Single Window Portal to receive information, process and deliver processing results in the form of single window administrative certificates or other processing results for single window administrative procedures, receive single window administrative certificates, and other processing results from related agencies;

c) Entities specified in point c, Clause 1 of this Article shall comply with the provisions of Clause 2, Article 22 of this Joint Circular.

Article 12. Use of Digital Signatures to Implement Single Window Administrative Procedures

In cases where the declarant uses a digital signature to implement single window administrative procedures on the National Single Window Portal, the declarant must comply with the following regulations:

1. The digital signature used by the applicant to implement single window administrative procedures is a public digital signature issued to organizations that have registered with the National Single Window Portal Management Unit and confirmed to be compatible with the National Single Window Portal system.

2. The use of digital signatures and their legal value shall be carried out in accordance with current national regulations on digital signatures and digital signature certification services.

3. Before using a digital signature to implement single window administrative procedures, the applicant must register the digital signature with the National Single Window Portal Management Unit. Information about the digital signature can be registered when the applicant applies for a user account. In cases where the applicant already has a user account but has not yet registered digital signature information or wishes to register additional digital signatures, the applicant shall log into the National Single Window Portal using the registered account and enter the following complete information:

a) Name, tax code of the exporting and importing agency or organization;

b) Full name, identification number or passport number, position (if applicable) of the person receiving the digital certificate;

c) Serial number of the digital certificate;

d) Validity period of the digital certificate.

4. The applicant must re-register with the National Single Window Portal Management Unit the information specified in Clause 3 of this Article in the following situations: Changes in previously registered information, renewal of digital certificate, change of key pair, suspension of digital certificate. Re-registration of the information specified in Clause 3 of this Article shall be carried out similarly to new registration.

5. In cases where the declarant has registered to use multiple digital signatures with specialized processing systems, the declarant has the right to choose to use one of the currently used digital signatures.

Article 13. Responsibilities of the Ministry of Finance and the Ministry of Culture, Sports and Tourism

1. Establish criteria for information and format templates for electronic documents under their respective management scope.

2. Update information related to the accounts of officials and civil servants who have been granted access to the National Single Window Portal in case of changes in position, role, or job responsibilities.

3. Store and protect the integrity of electronic documents and related processing results in specialized systems.

4. Implement the provisions set forth in the Management, Operation, Exploitation, and Information Security Assurance Regulation of the National Single Window Portal issued together with Decision No. 75/QĐ-BCĐASW dated November 20, 2014 of the National Steering Committee for the ASEAN Single Window Mechanism and the National Single Window Mechanism.

Chapter III

PROCEDURE FOR REVIEWING THE CONTENT OF IMPORTED CHILDREN'S TOYS UNDER THE NATIONAL SINGLE WINDOW MECHANISM

Article 14. Declaration Person, Rights and Obligations of the Declaration Person

1. Declarants as prescribed in Clause 5, Article 3 of this Joint Circular include:

a) The declarant under Article 5 of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and implementing the Law on Customs regarding customs procedures, inspection, supervision, and control.

b) Organizations and individuals related to the process of reviewing the content of imported children's toys within the management scope of the Ministry of Culture, Sports and Tourism.

2. The declarant has the following rights:

a) To be trained by the National Single Window Portal Management Unit and the processing agency in using the portal, accessing information, declaring information, and utilizing the portal's features; provided with necessary information to access, declare, and use the National Single Window Portal.

b) To have their information security, business, and trade confidentiality protected by the national single window management unit and processing agencies;

c) To receive information from processing agencies about the progress of the administrative procedure implementation.

3. The declarant has the following obligations:

a) To comply with legal provisions regarding criteria and format of declared information according to technical requirements for each single window administrative procedure;

b) To comply with legal provisions regarding digital signatures for electronic transactions requiring the use of digital signatures;

c) Pay taxes, fees, and charges as prescribed by law.

d) To comply with procedures ensuring the integrity, security, and confidentiality in the implementation of single window administrative procedures;

d) To retain administrative documents of the single window (including copies) in accordance with laws on electronic transactions and specialized regulatory documents; provide electronic and/or paper documents related to exported, imported, transited goods, and means of transport exiting, entering, or transiting the country to the processing agencies for inspection and audit purposes.

e) Meet technological and technical requirements as prescribed by specialized laws to implement single window administrative procedures.

g) Bear legal responsibility for the content of declared information when conducting single window administrative procedures.

Article 15. Requirements for Reviewing the Content of Imported Children's Toys

During the implementation of import clearance procedures for children's toys in accordance with Circular No. 28/2014/TT-BVHTTDL dated December 31, 2014 of the Ministry of Culture, Sports and Tourism, the declarant shall handle the import declaration at the customs office. In cases where the customs office has doubts but cannot independently determine whether the children's toys proposed for importation fall under the category prohibited from circulation, distribution, or sale in the Vietnamese market, the customs office will send a Request for Review in the form of an electronic document according to the information criteria specified in Model 1 of Appendix I attached to this Joint Circular through the National Single Window Portal to the Ministry of Culture, Sports and Tourism to request an appraisal or seek opinions from relevant state management agencies to determine whether the goods can be imported.

Article 16. Receiving Requests for Review and Conducting Reviews of the Content of Imported Children's Toys

1. Receiving Requests for Review of the Content of Imported Children's Toys

a) The processing agency receives Requests for Review of imported children's toys in the form of electronic documents sent by the customs office through the National Single Window Portal.

b) Within no more than 36 working hours from the time of receiving the Request for Review of imported children's toys, the processing agency sends a Request for Presentation of Samples in the form of an electronic document to the customs office and the declarant through the National Single Window Portal.

2. Reviewing the Content of Imported Children's Toys

a) The declarant presents samples and accompanying documents at the location and time specified in the Request for Presentation of Samples sent to the declarant through the National Single Window Portal.

b) Within no more than 36 working hours from the time the declarant presents all required samples and accompanying documents, the processing agency sends an Electronic Notification of Refusal to Review Imported Children's Toys according to the information criteria specified in Model 4 of Appendix I attached to this Joint Circular to the customs office and the declarant through the National Single Window Portal, along with reasons for refusal.

c) The processing agency conducts the review not exceeding seven working days from the date the declarant presents all required samples and documents. If it is necessary to seek opinions from related ministries or sectors, the review period does not exceed fifteen working days from the date the declarant presents all required samples and documents.

d) The processing agency sends an Electronic Notification of the Results of the Review of Imported Children's Toys to the declarant and the customs office through the National Single Window Portal.

đ) The customs office makes the final decision on the clearance of imported children's toys based on the Notification of the Results of the Review of Imported Children's Toys sent by the processing agency through the National Single Window Portal.

Article 17. Receiving and Responding to Information on the National Single Window Portal

1. The National Single Window Portal receives electronic information 24 hours a day, 7 days a week.

2. The National Single Window Portal implements the receiving and responding to information automatically to the declarant, the handling agency, and the customs authority.

3. The National Single Window Portal shall perform:

a) Providing the processing result of the handling agency to the declarant and the customs authority immediately after receiving the processing result from the handling agency;

b) Providing the customs declaration and the processing result of the customs authority to the handling agency when the administrative procedure under the jurisdiction of the handling agency requires submission of a customs declaration; or when the handling agency requests provision of the customs declaration and the processing result of the customs authority related to procedures within its jurisdiction.

Chapter IV

MECHANISMS FOR COOPERATION AND INFORMATION EXCHANGE TO IMPLEMENT SINGLE WINDOW ADMINISTRATIVE PROCEDURES

Article 18. Principles for Exchanging and Providing Information

1. The exchange and provision of information must be carried out in accordance with the provisions of the law within the scope of functions, tasks, and authorities of each party.

2. Information exchanged and provided must be used for the correct purpose, serving operational activities according to the functions and tasks of the information recipient.

3. Parties exchanging and providing information have the responsibility to promptly, accurately, and fully exchange and provide information.

4. Parties exchange, provide, manage, and use information in accordance with the provisions of laws on protecting state secrets and confidentiality regulations specific to the management sector of the Ministry of Finance and the Ministry of Culture, Sports and Tourism.

5. Information exchanged and provided between peer-level parties; in necessary cases, exchanges at different levels may occur.

6. Information exchanged and provided between parties must ensure consistency and compliance with legal provisions on information exchange among state agencies.

7. Organizations and units designated as focal points for exchanging and providing information for each party as stipulated in Article 23 of this Joint Circular must allocate personnel and means to ensure smooth and timely information exchange between parties.

Article 19. Content of Information Provided

1. The Ministry of Finance shall provide to the National Single Window Portal the following information:

a) Electronic documents for administrative procedures of the Ministry of Finance as specified in Article 1 of this Joint Circular;

b) Results of other processing by customs authorities regarding administrative procedures;

c) Information related to goods that have been cleared and released according to the request of the Ministry of Culture, Sports and Tourism.

2. The Ministry of Culture, Sports and Tourism provides the following information to the National Single Window Portal:

a) Electronic documents for administrative procedures of the Ministry of Culture, Sports and Tourism as specified in Article 1 of this Joint Circular;

b) Other processing results of the handling agencies under the Ministry of Culture, Sports and Tourism for administrative procedures;

c) Information related to goods that have been assessed as meeting or not meeting requirements according to the proposal of the Ministry of Finance.

Article 20. Forms of Exchanging and Providing Information

The exchange and provision of information are conducted online in the form of electronic documents as prescribed. The managing unit of the National Single Window Portal serves as the focal point for receiving and processing information provided by the Ministry of Finance and the Ministry of Culture, Sports and Tourism to implement single window administrative procedures. In case of technical failures or system malfunctions that prevent electronic information exchange, the relevant parties may temporarily use other forms such as email, fax, or paper documents to conduct the exchange and provision of information.

Article 21. Statistics and Implementation of Information Exchange and Provision

1. When the Ministry of Culture, Sports and Tourism uses specialized systems to connect with the National Single Window Portal, statistics and reports on information related to administrative procedures as specified in Article 1 of this Joint Circular will be carried out through the specialized system of the Ministry of Culture, Sports and Tourism.

2. If the Ministry of Culture, Sports and Tourism has not yet used specialized systems to connect with the National Single Window Portal, the managing unit of the National Single Window Portal shall be responsible for providing statistical and reporting information related to administrative procedures as specified in Article 1 of this Joint Circular to the focal points as stipulated in Article 23 of this Joint Circular upon request of the Ministry of Culture, Sports and Tourism.

3. Emergency Information: In cases where the National Assembly, Government, National Steering Committee for the ASEAN Single Window and National Single Window Mechanism, competent authorities, or the ASEAN Secretariat request reports or provision of information related to administrative procedures as specified in Article 1 of this Joint Circular, the National Single Window Portal, the Ministry of Finance, the Ministry of Culture, Sports and Tourism, and related agencies shall proactively provide such information according to the requests of these agencies, while also providing it to the National Single Window Portal and related agencies.

Article 22. Management and use of information

1. The Ministry of Finance shall provide the Ministry of Culture, Sports and Tourism with access codes and passwords to exploit information from the National Single Window Portal at the address https://vnsw.gov.vn. The agencies responsible for safeguarding the provided codes and passwords shall use their registered rights with the National Single Window Portal Management Unit when requesting account issuance.

2. In addition to the agencies issuing this Joint Circular, the Ministry of Finance shall be responsible for sharing information with competent authorities to utilize and exploit information from the National Single Window Portal. In cases where the Ministry of Finance uses information related to the management scope of the Ministry of Culture, Sports and Tourism on the National Single Window Portal to send to competent authorities, prior approval from the Ministry of Culture, Sports and Tourism must be obtained before officially providing such information to the competent authorities for use. Information provision must ensure compliance with legal regulations concerning state secrets protection and business confidentiality of enterprises.

Article 23. Lead units implementing information provision and exchange

1. The Ministry of Finance and the Ministry of Culture, Sports and Tourism shall be responsible for assigning lead units to provide and exchange information in accordance with this Joint Circular.

2. The lead units specified in Clause 1 of this Article shall be responsible for specifically assigning unit leaders and functional departments to carry out tasks related to information exchange, provision, and management, opening and registering with the National Single Window Portal Management Unit email boxes, fax numbers, telephone numbers, and addresses for coordination.

Chapter V

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Joint Circular takes effect from June 15, 2016.

2. Any issues arising during implementation must be promptly reported to relevant ministries by the lead units.

Article 25. Responsibilities for Implementation

The Ministry of Finance and the Ministry of Culture, Sports and Tourism shall be responsible for:

1. Organizing the implementation and directing subordinate agencies and units to implement the provisions of this Joint Circular accurately.

2. Ensuring conditions for administrative procedures to be carried out smoothly and within deadlines.

3. Announcing administrative procedures within their respective management scopes, specifying the quantity, components, and types of documents (electronic documents, paper documents converted to electronic form, paper documents) in the single window administrative file.

4. Ensuring the accuracy, timeliness, security, and confidentiality of exchanged and provided information in accordance with current laws.