Joint Circular No. 77/2016/TTLT-BTC-BKHCN guiding the implementation of the National Single Window mechanism for import product quality inspection procedures under the management responsibility of the Ministry of Science and Technology.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE NATIONAL SINGLE WINDOW MECHANISM FOR STATE INSPECTION PROCEDURES ON QUALITY OF IMPORTED GOODS INTO VIETNAM UNDER THE RESPONSIBILITY OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

STATE CONTROL ON QUALITY FOR IMPORTED GOODS INTO VIETNAM

FALLS UNDER THE MANAGEMENT RESPONSIBILITY OF MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the Customs Law dated June 23, 2014;

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

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the 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. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions of the Product Quality Law;

Pursuant to Decree No. 89/2006/NĐ-CP dated August 30, 2006 of the Government on product labels;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign agency purchase, sale, processing, and transit goods, stipulated in the Law on Trade;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

The Minister of Finance and the Minister of Science and Technology issue this Joint Circular guiding the implementation of the National Single Window Mechanism for state inspection procedures on quality of imported goods into Vietnam under the responsibility of the Ministry of Science and Technology.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular guides the application of the National Single Window Mechanism to implement state inspection procedures on quality of imported goods into Vietnam under the responsibility of the Ministry of Science and Technology as prescribed in the Product Quality Law dated November 21, 2012, the Customs Law dated June 23, 2014, and Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing measures to implement the Customs Law on customs procedures, inspection, supervision, and customs control, concerning the following matters:

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 state inspection procedures on quality of imported goods into Vietnam under the responsibility of the Ministry of Science and Technology as stipulated herein.

2. Provisions on the coordination mechanism and exchange of information to implement single window administrative procedures as stipulated herein between the Ministry of Finance and the Ministry of Science and Technology.

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

Article 2. Applicability

1. Agencies and units assigned and delegated to conduct state inspections on product and commodity quality under the responsibility of the Ministry of Science and Technology shall handle single window administrative procedures as stipulated in Article 1 of this Joint Circular; agencies 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 importation of goods may choose the method to perform single window administrative procedures through the National Single Window Portal.

Imported goods into Vietnam subject to inspection as stipulated in Article 2 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and Technology on state inspection procedures on quality of imported goods under the responsibility of the Ministry of Science and Technology.

Article 3. Explanation of Terms

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

1. Single window administrative procedure processing agency (hereinafter referred to as the handling agency) is the agency assigned and delegated by the Ministry of Finance and the Ministry of Science and Technology having the function of handling and issuing permits for administrative procedures as stipulated 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 detailing and providing measures to implement the Customs Law on customs procedures, inspection, supervision, and customs control is a system of integrated information including the customs clearance system of the customs authority, the information system of the Ministry of Science and Technology (hereinafter referred to as specialized processing systems).

3. Administrative dossier of a single windowa includes electronic documents and accompanying documents as prescribed by specialized legal 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 declaration, processing results, notifications created, sent, received, and stored by electronic means to implement single window administrative procedures.

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

6. User of the National Single Window Portal 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 As prescribed in Clause 3, Article 8 of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing measures to implement the Customs Law on customs procedures, inspection, supervision, and customs control is the General Department of Customs under the Ministry of Finance.

8. Accredited conformity assessment organizations include: Certification organizations, inspection organizations registered and designated in accordance with Circular No. 08/2009/TT-BKHCN dated April 8, 2009 of the Minister of Science and Technology guiding requirements, procedures, and formalities for registration in the field of conformity assessment activities, Circular No. 10/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 08/2009/TT-BKHCN dated April 8, 2009 of the Minister of Science and Technology, Circular No. 09/2009/TT-BKHCN dated April 8, 2009 of the Minister of Science and Technology guiding requirements, procedures, and formalities for designation of conformity assessment organizations, and Circular No. 11/2011/TT-BKHCN dated June 30, 2011 of the Minister of Science and Technology amending and supplementing certain provisions of Circular No. 09/2009/TT-BKHCN dated April 8, 2009 of the Minister of Science and Technology.

In case these documents are amended, supplemented, or replaced, they shall be implemented in accordance with the amended, supplemented, or replacing documents.

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 about the processing of administrative procedures through the National Single Window Portal;

2. Receiving and transferring declaration information to handling agencies through the National Single Window Portal;

3. Receiving processing results from handling agencies 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

1. The administrative procedure implementation files for the One-Stop Shop as prescribed in Clause 3, Article 3 of this Joint Circular for implementing the registration inspection of imported goods quality procedures include:

a) State inspection registration for imported goods quality (according to the information criteria in Model 1 of Appendix I issued together with this Joint Circular);

b) Goods import declaration form;

c) Invoice;

d) Conformity assessment result (Compliance Certificate or Inspection Certificate);

đ) Contract (for concrete reinforcing steel products);

e) Goods list (Packing list);

g) Processing results of the handling agency include:

g1) For agencies assigned or delegated to manage state administration over imported goods quality under the responsibility of the Ministry of Science and Technology: Confirmation of the application for state inspection of imported goods and Notification of the state inspection results for imported goods quality meeting requirements (according to the information criteria in Model 2 of Appendix I issued together with this Joint Circular) or other corresponding processing results according to the administrative procedures of the Ministry of Science and Technology prescribed in Article 1 of this Joint Circular;

g2) For agencies and units under the Ministry of Finance: Decision to release goods, clearance or return goods for storage or other corresponding processing results according to the administrative procedures of the Ministry of Finance prescribed in Article 1 of this Joint Circular.

2. Documents submitted in the form of electronic documents include:

State inspection registration for imported goods quality (according to the information criteria in Model 1 of Appendix I issued together with this Joint Circular).

3. Documents submitted in the form of converted electronic documents from paper documents include:

a) Goods import declaration form;

b) Invoice;

c) Conformity assessment result (Compliance Certificate or Inspection Certificate);

d) Contract (for concrete reinforcing steel products);

đ) Goods list (Packing list).

4. In case the goods import declaration form is an electronic declaration form, the declarant does not need to submit the goods import declaration form.

5. In case the conformity assessment result has been issued electronically and sent to the National Single Window Portal by the conformity assessment organization, the declarant does not need to submit the conformity assessment result.

6. Legal value of electronic documents:

a) An electronic document has the same legal value as a paper document;

b) An electronic document must be established in accordance with the criteria and format model built by the Ministry of Science and Technology for the One-Stop Shop administrative procedures prescribed in Article 1 of this Joint Circular;

c) The sending, receiving, storing, and legal value of electronic documents are carried out in accordance with the laws on electronic transactions and other relevant laws;

d) Electronic documents must meet all requirements of specialized laws for administrative single window procedures;

đ) An electronic document must have the digital signature of the authorized person according to the specialized laws for the One-Stop Shop administrative procedures when the declarant registers to use digital signatures;

e) The creation and conversion of electronic documents from paper documents and vice versa are carried out according to the laws on electronic transactions and specialized laws for the One-Stop Shop administrative procedures prescribed in Article 1 of this Joint Circular.

7. Paper documents: The form, content, submission method, and presentation of paper documents in the One-Stop Shop administrative procedure file comply with the provisions of specialized legal documents for such administrative procedures.

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

1. Electronic documents declared or presented to state management agencies under 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 may be converted to paper documents if the following conditions are met:

a) Fully reflect the content of the electronic document;

b) There are recognizable marks on the paper document converted from the electronic document printed out from the National Single Window Portal. Recognizable marks 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 signing. The recognizable marks 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. An electronic document has the same value for procedures with state management agencies as the same document in paper form.

4. The declarant must retain both the electronic document and the paper document according to 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 or the Ministry of Science and Technology, the declarant selects one of those accounts to access the National Single Window Portal. To use the 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 provided in Model 1 of Appendix II attached to this Joint Circular. The National Single Window Portal Management Unit is 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 for the National Single Window Portal granted by the Ministry of Finance or the Ministry of Science and Technology, the registration of a user account on the National Single Window Portal will be carried out as follows:

a) The declarant accesses the National Single Window Portal at the website https://vnsw.gov.vn and registers the application information on the National Single Window Portal according to the information provided in Model 2 of Appendix II attached to this Joint Circular. Within 01 working day from the date of receiving the application information submitted by the declarant on the National Single Window Portal, the National Single Window Portal Management Unit conducts verification and comparison of the declarant's information. If the application is not approved or is incomplete, the National Single Window Portal Management Unit is responsible for notifying the declarant via email (with clear reasons stated). If the application is complete and meets all requirements, the National Single Window Portal Management Unit notifies the declarant of acceptance of the application via email; and informs the declarant of the login name and initial password;

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 or units under the Ministry of Finance or the Ministry of Science and Technology, the issuance of a user account on the National Single Window Portal shall be carried out as follows:

a) The Ministry of Finance or the Ministry of Science and Technology compiles 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 under the Ministry's management on the National Single Window Portal according to a model provided by the National Single Window Portal Management Unit on the National Single Window Portal, and sends a notification letter to the National Single Window Portal Management Unit;

b) Within 05 working days, the National Single Window Portal Management Unit, based on technical requirements for system security and safety, reviews the number of accounts requested by the Ministry of Finance or the Ministry of Science and Technology, issues user accounts to the Ministry of Finance or the Ministry of Science and Technology, and notifies them in writing about the login name and default password. If the number of newly issued accounts is less than the number requested by the Ministry of Finance or the Ministry of Science and Technology, the National Single Window Portal Management Unit must specify the reasons in the notification letter sent to the Ministry of Finance or the Ministry of Science and Technology.

4. The Ministry of Science and Technology compiles the requests for account issuance from designated conformity assessment organizations and sends a notification letter to the National Single Window Portal Management Unit to obtain accounts as stipulated in Clause 3 of this Article.

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

Users shall be liable under the law for the accuracy and completeness of the information and data provided to the National Single Window Portal in accordance with the specialized regulations on 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 specialized laws, laws on state secrets protection, commercial confidentiality, and business secrets for electronic transactions conducted through the National Single Window Portal.

2. Ensuring 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 declarants to processing agencies, conformity assessment organizations designated by enterprises or declarants, while storing information from declarants on the National Single Window Portal for purposes of retrieval and statistics.

3. Receiving notifications from processing agencies.

4. Returning electronic documents to the declarant.

5. Exchange results among processing agencies.

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

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 subjects accessing the National Single Window Portal include:

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

b) Customs authorities, units under the Ministry of Science and Technology, designated conformity assessment organizations;

c) State management agencies not mentioned in Point b Clause 1 of this Article exploiting information from the National Single Window Portal.

2. Levels and authority of access:

a) Organizations and individuals as stipulated in Point a Clause 1 of this Article access the National Single Window Portal to declare information, receive feedback on the processing of files to implement single window administrative procedures, receive single window administrative certificates, other processing results for single window administrative procedures, and retrieve information published on the National Single Window Customs Portal;

b) Subjects at Point b Clause 1 of this Article access the National Single Window Portal to receive information, process and return processing results in the form of single window administrative certificates or other processing results for single window administrative procedures, receive single window administrative certificates, other processing results of related agencies;

c) Subjects at Point c Clause 1 of this Article act in accordance with Clause 2 of Article 23 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 of the declarant used to implement single window administrative procedures is a public digital signature issued to organizations, registered with the National Single Window Portal Management Unit and confirmed 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 digital signatures to implement single window administrative procedures, users must register their digital signatures with the National Single Window Portal Management Unit. Information about digital signatures can be registered when the declarant applies for a user account. In cases where the declarant already has a user account but has not registered digital signature information or wishes to register additional digital signatures, the declarant accesses the National Single Window Portal with the registered account and enters the following complete contents:

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. Declarants must re-register with the National Single Window Portal Management Unit the information specified in Clause 3 of this Article in the following cases: Changes in registered information, renewal of digital certificates, change of key pairs, suspension of digital certificates. Re-registration of the information specified in Clause 3 of this Article is 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 Science and Technology

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 regulations on management, operation, exploitation, and ensuring information security of the National Single Window Portal as stipulated in the Decision No. 75/QD-BCDASW dated November 20, 2014 of the National Steering Committee for the ASEAN Single Window and the National Single Window Mechanism.

Chapter III

PROCEDURE FOR DECLARATION, ACCEPTANCE, EXCHANGE AND RESPONSE TO INFORMATION ON THE NATIONAL SINGLE WINDOW PORTAL

INFORMATION ON THE NATIONAL SINGLE WINDOW PORTAL

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

1. The declaration person implements single window administrative procedures as prescribed in Article 1 of this Joint Circular including:

a) Customs declarants as provided for in Article 5 of 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;

b) Organizations and individuals involved in quality inspection of imported goods within the responsibility of the Ministry of Science and Technology.

2. The declarant has the following rights:

a) Be entitled to training support from the National Single Window Portal Management Unit and the handling agency to access, declare information, and use facilities on the National Single Window Portal; provision of necessary information for such purposes;

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

c) Receive information about the processing status of administrative dossier from the handling agency through the national single window system;

d) Select designated conformity assessment organizations;

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, charges, and other revenues as prescribed by law;

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

đ) Retain single window administrative documents (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 outbound, inbound, transiting conveyances to handling agencies for inspection and audit purposes;

e) Comply with technology 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 implementing single window administrative procedures.

Article 15. Declaration and Submission of Administrative Dossier for Implementation of Administrative Procedures Under the National Single Window Mechanism as Specified in Article 1 of This Joint Circular

The declaration and submission of information for administrative procedures as specified in Article 1 of this Joint Circular under the National Single Window Mechanism shall be carried out as follows:

1. The declarant creates an electronic single window administrative dossier as prescribed in Article 5 of this Joint Circular, choosing one of the following two methods:

a) Create an electronic single window administrative dossier according to data standards with criteria, formats, and forms established by the Ministry of Finance and the Ministry of Science and Technology and published on the National Single Window Portal. Send the electronic single window administrative dossier to the National Single Window Portal; or

b) Directly declare the electronic single window administrative dossier on the National Single Window Portal.

2. The declarant receives feedback notifications on the results of declaration and submission of information from the National Single Window Portal and acts in accordance with the guidance provided in the feedback notifications from the handling agency or organization.

3. In cases where administrative procedures are conducted using paper documents, the declarant submits paper documents in accordance with specialized regulatory documents.

Article 16. Amending and supplementing information and administrative dossier for implementing administrative procedures under Article 1 of this Joint Circular in accordance with the National Single Window Mechanism.

Information to amend and supplement for the electronic administrative dossier shall be sent to the processing agency through the National Single Window Portal as prescribed in Article 5 of this Joint Circular; for paper documents, the declarant shall submit such documents in accordance with specialized legal documents.

The procedure for amending and supplementing the administrative dossier for implementing administrative procedures under Article 1 of this Joint Circular shall be carried out in accordance with the provisions of specialized laws.

The establishment of information to amend and supplement for the electronic administrative dossier and sending such information to the processing agencies through the National Single Window Portal shall be implemented in accordance with Clause 1 and Clause 2 of Article 15 of this Joint Circular.

Article 17. Processing information and providing feedback on results

1. The processing agency shall be responsible for:

a) Receiving and processing electronic administrative dossiers submitted by the declarant through the National Single Window Portal and paper documents submitted by the declarant in accordance with the specialized laws;

b) Providing feedback on the status of receiving and processing declarations to the declarant and related agencies involved in implementing administrative procedures through the National Single Window Portal;

 b1) In case the processing agency accepts the declaration information, the agency will process the administrative dossier, provide feedback on the processing result to the declarant and related agencies through the National Single Window Portal;

 b2) In case the processing agency does not accept the declaration information, the agency will process the administrative dossier, provide feedback on the processing result to the declarant and related agencies through the National Single Window Portal along with the reasons for non-acceptance;

b3) Issuing a Notification of the State Inspection Result on the Quality of Imported Goods to the declarant, while simultaneously sending it to the customs authority through the National Single Window Portal;

b4) In case the consignment does not meet the import quality requirements, measures for recycling shall be applied according to the regulations on customs and product quality laws. After completing the recycling process, imported goods subject to recycling must undergo state inspection for quality. The inspection agency will notify the state inspection result on the quality of imported goods after recycling through the National Single Window Portal.

2. The customs authority shall be responsible for:

a) Based on the declaration information and other processing results of the single window administrative procedures transferred by the declarant and processing agencies through the National Single Window Portal, the customs authority will process the declarant's customs dossier and return the processing result to the National Single Window Portal;

b) Issuing the final decision on the clearance of imported goods based on the Notification of the State Inspection Result on the Quality of Imported Goods transferred to the customs authority through the National Single Window Portal.

3. Accredited conformity assessment organizations shall be responsible for:

a) Registering their account for use on the National Single Window Portal and registering digital signatures immediately after being designated to conduct conformity assessments;

b) Receiving conformity assessment registration dossiers from the National Single Window Portal and requesting the declarant to supplement the registration dossier for conformity certification in accordance with specialized legal regulations;

c) Conducting assessments and providing conformity assessment results to the National Single Window Portal electronically according to the information criteria set forth in Model 3 of Appendix I issued together with this Joint Circular;

d) Implementing the provisions of Article 15 of Circular No. 27/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology.

4. The time limit for processing and providing feedback on information by the processing agency and the customs authority shall be in accordance with current laws regarding the administrative procedures under Article 1 of this Joint Circular and customs procedures.

Article 18. Receiving and Responding to Information Declared on the National Single Window Portal

1. The National Single Window Portal receives electronic declaration information during 24 hours of a day and 07 days of a week.

2. The National Single Window Portal implements the reception and feedback of declaration information automatically to the declarant and to specialized processing systems.

3. The National Single Window Portal shall perform:

a) Providing feedback on the customs authority's processing results to the declarant immediately after receiving the customs authority's processing results;

b) Providing the customs declaration form and the customs authority's processing results to related administrative agencies when the administrative procedures within the jurisdiction of such agencies require submission of the customs declaration form; or when the agency requires provision of the customs declaration form and the customs authority's processing results related to procedures within its jurisdiction.

Chapter IV

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

Article 19. Principles for Exchange and Provision of 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 exchanging, providing, managing, and using information must comply with the laws on state secrets protection and confidentiality regulations specific to each ministry’s management sector.

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 comply with legal provisions governing information exchange among state agencies.

7. Agencies and units designated as focal points for information exchange and provision for each party as stipulated in Article 24 of this Joint Circular must allocate personnel and means to ensure smooth and timely information exchange and provision between parties.

Article 20. Content of Information Provision

1. The Ministry of Finance provides the National Single Window Portal with 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 upon request of the Ministry of Science and Technology.

2. The Ministry of Science and Technology provides the National Single Window Portal with the following information:

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

b) Other processing results of the administrative agency under the Ministry of Science and Technology for administrative procedures;

c) Information related to goods that have been granted permission or refused permission upon request of the Ministry of Finance;

d) Notification about the designation of conformity assessment organizations immediately after issuing the designation document.

Article 21. Forms of Information Exchange and Provision

Information exchange and provision shall be conducted online in the form of electronic documents as prescribed. The National Single Window Portal management unit serves as the focal point for receiving and processing information provided by ministries to implement single window administrative procedures. In case of technical failures or system malfunctions preventing electronic information exchange and provision, the involved parties may temporarily use other forms such as email, fax, or paper documents to conduct information exchange and provision.

Article 22. Statistics and Implementation of Information Exchange and Provision

1. In cases where the Ministry of Finance and the Ministry of Science and Technology use specialized processing systems to connect with the National Single Window Portal, the statistics and reporting of information related to administrative procedures as stipulated in Article 1 of this Joint Circular shall be carried out within each Ministry's specialized processing system.

2. In cases where the Ministry of Finance and the Ministry of Science and Technology have not yet used specialized processing systems to connect with the National Single Window Portal, the unit managing the National Single Window Portal shall be responsible for providing the lead units as specified in Article 24 of this Joint Circular with statistical and reporting information related to administrative procedures as stipulated in Article 1 of this Joint Circular upon request from the Ministry of Finance and the Ministry of Science and Technology.

3. Emergency Information: In cases where the National Assembly, Government, National Steering Committee on the National Single Window Mechanism, competent authorities, or the ASEAN Secretariat require reports or provision of information related to administrative procedures as stipulated in Article 1 of this Joint Circular, the National Single Window Portal, the Ministry of Finance, the Ministry of Science and Technology, and relevant agencies shall proactively provide such information according to the requirements of these agencies, while also providing it to the National Single Window Portal and other relevant agencies.

Article 23. Management and Use of Information

1. The Ministry of Finance shall provide the Ministry of Science and Technology with access codes and passwords to extract information from the National Single Window Portal at the address https://vnsw.gov.vn. Agencies are responsible for securing the provided access codes and passwords; they must use their registered permissions when requesting accounts from the National Single Window Portal management unit.

2. Apart from the agencies issuing this Joint Circular, the Ministry of Finance is responsible for sharing information with other agencies and authorized persons to utilize and extract information from the National Single Window Portal. When the Ministry of Finance uses information related to the jurisdiction of the Ministry of Science and Technology on the National Single Window Portal to send to authorized agencies, prior approval from these units must be obtained before officially providing the information to agencies and authorized persons for use. Information provision must comply with current laws regarding state secrets protection and business confidentiality.

Article 24. Lead Units Implementing Information Provision and Exchange

1. Ministries are responsible for assigning lead units to provide and exchange information in accordance with this Joint Circular.

2. Lead units as specified in Clause 1 of this Article are responsible for specifically assigning 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, phone numbers, and addresses for coordination.

Chapter V

IMPLEMENTING PROVISIONS

Article 25. 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 26. Responsibility for Implementation

The Ministry of Finance and the Ministry of Science and Technology are 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 implemented smoothly and within deadlines.

3. Announcing administrative procedures within their respective jurisdictions, specifying the number, 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 information exchanged and provided in accordance with current laws.