THIS JOINT CIRCULAR REGULATES THE IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES THROUGH THE NATIONAL SINGLE WINDOW PORTAL BETWEEN THE MINISTRY OF FINANCE AND THE MINISTRY OF INFORMATION AND COMMUNICATIONS. IT INCLUDES CONTENT SUCH AS SCOPE OF APPLICATION, PRINCIPLES OF IMPLEMENTATION, RESPONSIBILITIES OF PARTICIPATING PARTIES, FORMS OF INFORMATION EXCHANGE, MANAGEMENT AND USE OF INFORMATION, AND PROVISIONS FOR ENFORCEMENT.
适用范围
ORGANIZATIONS, ENTITIES, AND INDIVIDUALS RELATED TO THE IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES UNDER THE MANAGEMENT OF THE MINISTRY OF FINANCE AND THE MINISTRY OF INFORMATION AND COMMUNICATIONS.
要点
- REGULATIONS ON THE SCOPE OF APPLICATION, PRINCIPLES OF IMPLEMENTATION, AND RESPONSIBILITIES OF PARTICIPATING PARTIES IN THE IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES THROUGH THE NATIONAL SINGLE WINDOW PORTAL.
- THE FORMS OF INFORMATION EXCHANGE BETWEEN THE MINISTRY OF FINANCE AND THE MINISTRY OF INFORMATION AND COMMUNICATIONS ARE SPECIFICALLY DEFINED.
- REGULATIONS ON THE MANAGEMENT AND USE OF INFORMATION FROM THE NATIONAL SINGLE WINDOW PORTAL.
- THE PRIMARY UNIT RESPONSIBLE FOR PROVIDING AND EXCHANGING INFORMATION IS CLEARLY DESIGNATED.
- THIS JOINT CIRCULAR SHALL TAKE EFFECT FROM JULY 31, 2016.
🌐 本文件的社会影响
- STRENGTHENING COOPERATION AMONG STATE AGENCIES IN THE IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES.
- ASSISTING CITIZENS AND BUSINESSES TO EASILY ACCESS INFORMATION AND COMPLETE ADMINISTRATIVE PROCEDURES QUICKLY AND CONVENIENTLY.
❓ 常见问题
WHEN DOES THIS JOINT CIRCULAR TAKE EFFECT?
THIS JOINT CIRCULAR SHALL TAKE EFFECT FROM JULY 31, 2016.
WHAT INFORMATION IS EXCHANGED BETWEEN THE MINISTRY OF FINANCE AND THE MINISTRY OF INFORMATION AND COMMUNICATIONS?
THE MINISTRY OF FINANCE PROVIDES THE NATIONAL SINGLE WINDOW PORTAL WITH ELECTRONIC DOCUMENTS FOR ITS ADMINISTRATIVE PROCEDURES, RESULTS OF OTHER PROCESSING BY CUSTOMS AUTHORITIES, AND INFORMATION RELATED TO GOODS THAT HAVE BEEN CLEARED. THE MINISTRY OF INFORMATION AND COMMUNICATIONS PROVIDES ELECTRONIC DOCUMENTS FOR ITS ADMINISTRATIVE PROCEDURES AND RESULTS OF OTHER PROCESSING.
WHO IS THE PRIMARY UNIT RESPONSIBLE FOR PROVIDING AND EXCHANGING INFORMATION?
THE MINISTRY OF FINANCE AND THE MINISTRY OF INFORMATION AND COMMUNICATIONS ARE RESPONSIBLE FOR ASSIGNING THE PRIMARY UNIT TO PROVIDE AND EXCHANGE INFORMATION WITHIN THE SCOPE OF THIS JOINT CIRCULAR.
全文
JOINT CIRCULAR
Guidelines for Implementing the National Single Window Mechanism in the Field of Information and Communications
information and communication
________
Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;
Pursuant to the Trade Law No. 36/2005/QH11 dated June 14, 2005, and Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Trade Law on international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;
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. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;
The Minister of Finance and the Minister of Information and Communications issue this Joint Circular guiding the implementation of the National Single Window Mechanism in the field of information and communications.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Joint Circular guides the application of the National Single Window Mechanism to implement single-window administrative procedures of the Ministry of Finance and the Ministry of Information and Communications set out in Appendix I attached hereto for the following contents:
1. Provisions on declaration and receipt of declaration information, processing and feedback of results of administrative procedures through electronic means; criteria and formats of electronic documents used to implement single-window administrative procedures.
2. Provisions on coordination mechanisms and information exchange to implement single-window administrative procedures between the Ministry of Finance and the Ministry of Information and Communications.
3. Other issues related to single-window administrative procedures shall be implemented in accordance with specialized legal regulations.
Article 2. Applicability
1. Agencies and units under or designated by the Ministry of Finance and the Ministry of Information and Communications shall handle and issue permits for single-window administrative procedures as prescribed in Article 1 of this Joint Circular.
2. Organizations and individuals engaged in export and import; organizations and individuals having rights and obligations related to export and import activities may choose to implement single-window 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. National Single Window Portal Clause 1 of Article 7 of Decree No. 08/2015/NĐ-CP is an integrated information system including the customs clearance system of the customs authority and the information system of the Ministry of Information and Communications (hereinafter referred to as specialized processing systems).
2. Single window administrative procedure processing agency (hereinafter referred to as the processing agency) is an agency or unit under or designated by the Ministry of Finance and the Ministry of Information and Communications that has the function of handling and issuing permits for administrative procedures as prescribed in Article 1 of this Joint Circular.
3. Single Window Administrative File includes electronic documents and accompanying documents as prescribed by specialized legal regulations for each administrative procedure in the forms of: Electronic documents converted from paper documents, 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 the objects as prescribed in Article 2 of this Joint Circular permitted to access the National Single Window Portal.
7. National Single Window Portal management unit is the General Department of Customs under the Ministry of Finance.
Article 4. Implementation of the National Single Window Mechanism
1. Administrative single window procedures and information exchange among agencies through the National Single Window Portal shall be carried out as follows:
a) The declarant and processing agencies send information on administrative single window procedures to the National Single Window Portal;
b) The National Single Window Portal receives and forwards the information to specialized processing systems;
c) Processing agencies receive, process information, and provide feedback on the status of receipt, processing, and result delivery to the National Single Window Portal;
d) The National Single Window Portal provides feedback on the status of receipt, processing, and result delivery of information to the declarant and relevant specialized processing systems.
2. Decision-making on the National Single Window Mechanism shall be carried out as follows:
a) Specialized management agencies under the Ministry of Information and Communications handle permits for exported and imported goods for organizations and individuals applying for export and import of goods and send permits or other processing results to the customs authority through the National Single Window Portal;
b) The customs authority makes the final decision on the clearance of exported and imported goods based on permits and processing results of the processing agency transferred to the customs clearance system of the customs authority through the National Single Window Portal.
Article 5. Electronic transactions on the National Single Window Portal
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. Receiving and transferring filing information from the National Single Window Portal to specialized processing systems.
3. Receiving processing results from specialized processing systems to the National Single Window Portal.
4. Exchanging information between specialized processing systems through the National Single Window Portal.
Article 6. Administrative Procedures Single Window File
1. Types of electronic documents:
a) Information filed in the form of declarations, registration forms, registrations, confirmation of registrations, or other types for the implementation of administrative procedures listed in the Single Window Administrative Procedures Catalogue;
b) Processing results issued by the processing agency in the form of clearance decisions, cargo release orders, or goods return for storage, permits, confirmations, or other processing results corresponding to the administrative procedures listed in the electronic document format specified in Appendix II attached to this Joint Circular;
c) Notifications of acceptance, rejection, or requests to modify or supplement information filed on the Single Window Mechanism.
2. Legal validity of electronic documents:
a) An electronic document has the same value as a paper document;
b) For the single window administrative procedures listed in Appendix I attached to this Joint Circular, electronic documents must be established according to the prescribed criteria and formats;
c) The sending, receiving, storing, and legal validity of electronic documents shall be 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;
d) Electronic documents must bear the digital signature of the authorized person in accordance with the specialized laws governing single window administrative procedures when the declarant registers to use a digital signature;
e) The creation and conversion of electronic documents from paper documents and vice versa shall be conducted in accordance with the laws on electronic transactions and specialized laws governing single window administrative procedures as stipulated in Article 1 of this Joint Circular.
3. Electronic documents converted from paper documents in accordance with Article 7 of this Joint Circular and meeting the criteria and formats prescribed by the Ministry of Finance and the Ministry of Information and Communications shall be used to implement single window administrative procedures.
4. Paper documents: The form, content, submission method, and presentation of paper documents in the single window administrative procedure file must comply with the provisions of the specialized regulatory legal documents concerning such administrative procedures.
Article 7. Electronic Documents, Conversion of 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) The electronic document converted from a paper document must bear a digital signature registered with the National Single Window Portal Management Unit by the declarant.
2. Paper documents can be converted from electronic documents issued through the National Single Window Portal 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 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 signing. Recognizable features are published by the National Single Window Portal Management Unit at the website: https://vnsw.gov.vn.
c) The paper document converted from an electronic document must bear a lawful signature, full name, and seal of the declarant.
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 8. Registration of User Accounts for the National Single Window Portal
1. In cases where the declarant has been issued user accounts to access existing specialized processing systems by the Ministry of Finance and the Ministry of Information and Communications, the declarant may choose to use one of those accounts to access the National Single Window Portal. To use the account, the declarant shall access the National Single Window Portal at the address https://vnsw.gov.vn and register the user account on the National Single Window Portal according to the information provided in Model I, Appendix III 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 Ministries, the registration of a user account on the National Single Window Portal shall be carried out as follows:
a) The declarant shall access the National Single Window Portal at the address https://vnsw.gov.vn and register the application information on the National Single Window Portal according to the information provided in Model II, Appendix III attached to this Joint Circular. Within 01 (one) working day from the date of receipt of the application information submitted by the declarant on the National Single Window Portal, the National Single Window Portal Management Unit shall conduct verification and comparison of the declarant's information. In cases where the application is not approved or is incomplete, the National Single Window Portal Management Unit shall notify the declarant via email (specifying the reasons). In cases where the application is complete and meets all conditions, the National Single Window Portal Management Unit shall notify the declarant via email of acceptance of the application; and provide the declarant with the username and initial password for accessing the account.
b) After issuing a new user account for the declarant, the National Single Window Portal shall automatically update the information of the newly registered user account 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 Information and Communications, 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 Information and Communications shall compile a list of new user accounts required on the National Single Window Portal, specifying full name, position, place of work, and the functions within their respective Ministries' management scope that the users are authorized to perform on the National Single Window Portal, according to 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 05 (five) working days, the National Single Window Portal Management Unit shall, based on technical requirements to ensure system security and safety, review the number of accounts requested by the Ministry of Finance and the Ministry of Information and Communications, issue user accounts, and notify in writing the username and default password to the Ministry of Finance and the Ministry of Information and Communications. In cases where the number of newly issued accounts is less than the number requested by the Ministry of Finance and the Ministry of Information and Communications, the National Single Window Portal Management Unit must specify the reasons in the notification letter sent to the Ministry of Finance and the Ministry of Information and Communications.
Chapter II
PROVISIONS ON THE NATIONAL SINGLE WINDOW PORTAL
Article 9. Principles of Operation of the National Single Window Portal
1. Comply with the provisions of specialized laws, laws on state secrets protection, trade secret protection, business confidentiality for electronic transactions conducted through 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. Receive electronic documents and related information, verify the digital signatures of declarants and processing agencies sent to the portal.
2. Transfer electronic documents and other information from declarants to specialized processing systems (including digital signatures where declarants use digital signatures) while storing information from declarants on the National Single Window Portal for purposes of retrieval and statistics.
3. Receive processing results and notifications from specialized processing systems.
4. Return electronic documents to declarants (including digital signatures where specialized processing systems use digital signatures).
5. Provide feedback on processing results of Ministries to relevant specialized processing systems.
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 as stipulated in Article 1 of this Joint Circular;
b) Customs authorities and units under and affiliated with the Ministry of Information and Communications;
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 as provided for in point a of sub-article 1 of this Article are allowed to access the National Single Window Portal to declare information, receive feedback on information regarding 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) Entities as provided for in point b of sub-article 1 of this Article are allowed to 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) Entities as provided for in point c of sub-article 1 of this Article are regulated in sub-article 2 of Article 26 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 declarants 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 the legal value of digital signatures shall be carried out in accordance with current state 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 at the time 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 using 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 sub-article 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 sub-article 3 of this Article shall be carried out as a 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 National Single Window Management Unit
1. Manage technical operations, operation, maintenance, and upgrading of hardware systems, network systems, security systems to serve the operation of the National Single Window at the address: https://vnsw.gov.vn, connecting with specialized processing systems and connecting users through the National Single Window.
2. Manage, operate, maintain, and upgrade the National Single Window system to meet the requirements of relevant parties.
3. Manage and provide accounts for users of the National Single Window.
4. Ensure conditions for the National Single Window to continuously connect with specialized processing systems. Ensure that the information technology infrastructure system operates continuously for 24 hours a day and 7 days a week.
5. Notifying specialized processing agencies of the implementation plan for procedures and time to resolve incidents in case of incidents at the National Single Window Portal.
6. Provide technical advice and support for specialized processing systems and declarants when requested.
Article 14. Responsibilities of the Ministry of Information and Communications
1. Ensure technical conditions of specialized processing systems to continuously connect with the National Single Window.
2. Manage technical operations, operation, maintenance, and upgrading of specialized processing systems.
3. Synchronize data categories and code tables between specialized processing systems under its management and the National Single Window when such data categories and code tables require synchronization to ensure proper system operation.
4. Establish criteria and formats for electronic documents within its management scope.
5. Lead in building, managing, and operating information technology systems within its management scope.
6. In case of incidents in the specialized processing system of the Ministry of Information and Communications, notify the National Single Window Management Unit about the implementation plan for procedures and time to resolve the incident.
7. Notify the email address of the Ministry of Information and Communications, the name of the unit receiving information, and phone number to the National Single Window Management Unit to receive information and notifications in case of incidents or other necessary situations. Manage the email box to receive incident information and promptly develop solutions.
Article 15. Ensuring Information Security
1. The National Single Window Management Unit is responsible for ensuring the safety of information and data from transactions conducted on the National Single Window. Data preservation and backup are carried out in specialized processing systems. The Ministry of Information and Communications, which connects to the National Single Window, is responsible for applying measures to ensure information security sent to the National Single Window.
2. The Ministry of Finance is responsible for applying necessary professional, technical measures to secure the National Single Window, ensuring accurate, timely, and effective sharing of information and data among agencies, organizations, units, and individuals specified in this Circular.
3. Users are responsible for the accuracy and completeness of the information and data provided to the National Single Window in accordance with the provisions of specialized regulatory legal documents concerning those administrative procedures.
Article 16. Handling Incidents
In case the national single window experiences incidents or errors that prevent electronic exchange and provision of information:
1. The National Single Window Management Unit immediately notifies declarants and related agencies in a suitable manner and via email according to the address notified to the National Single Window Management Unit as stipulated in Clause 7, Article 14 of this Joint Circular.
2. Based on the notification of the National Single Window Management Unit as stipulated in Clause 1 of this Article, processing agencies guide declarants in writing or via email according to the registered address in the declarant's information to complete ongoing procedures on the National Single Window.
3. During the incident resolution period, administrative procedures shall be conducted through other methods as prescribed by current laws.
Chapter III
PROCEDURE FOR DECLARATION, RECEIPT, EXCHANGE AND RESPONSE TO INFORMATION ON THE NATIONAL SINGLE WINDOW
INFORMATION ON THE NATIONAL SINGLE WINDOW
Article 17. Declarant, Rights and Obligations of the Declarant
1. Declarants as prescribed in Clause 5, Article 3 of this Joint Circular include:
a) Customs declarants as prescribed in 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) Domestic and foreign organizations and individuals related to importing radio wave transmission and reception equipment; importing publications for business purposes.
2. The declarant has the following rights:
a) Be supported by the National Single Window Management Unit and processing agencies in training on usage, providing necessary information to access, declare information, and use facilities on the National Single Window.
b) Be guaranteed information security and protection of declared information by the National Single Window Management Unit and processing agencies.
c) Receive information from processing agencies about the process of handling administrative procedures through the single window.
3. The declarant has the following obligations:
a) Comply with legal regulations on declaration information criteria and formats as required 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;
đ) Retain administrative documents (including copies) in accordance with laws on electronic transactions and specialized regulatory legal documents; provide electronic and/or paper documents related to exported and imported goods to 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 18. Declaration, amendment, supplementation of information declaration and submission of certificates in the single window administrative file
1. The declaration and amendment of declaration information may be carried out in one of the two forms of electronic declaration information creation as follows:
a) Establish declaration information according to criteria and format templates built by the Ministry of Finance and the Ministry of Information and Communications, following data standards guided by the National Single Window Management Unit and send it to the National Single Window.
b) Directly declaring on the National Single Window Portal.
2. The amendment and supplementation of declaration information shall be carried out in accordance with the provisions of laws regarding related procedures.
3. Submission of documents in the single administrative procedure file:
a) For electronic documents, paper documents converted to electronic documents: The declarant submits electronic documents on the National Single Window Portal;
b) For paper documents: The declarant submits paper documents in accordance with the provisions of specialized legal documents.
Article 19. Reception and Feedback of Declaration Information
1. The National Single Window receives electronic declaration information 24 hours a day, 7 days 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.
Article 20. Processing of Information and Feedback of Results
The processing agency has the responsibility:
1. To receive and process declaration information.
2. Provide feedback on the status of receiving and processing declaration information to the declarant and relevant agencies involved in the procedure through the National Single Window.
3. Return the processing result to the National Single Window.
4. The time limit for processing and providing feedback on information by the processing agency shall be in accordance with current laws regarding administrative procedures as stipulated in Article 1 of this Joint Circular.
Article 21. Procedure for exchanging information through the National Single Window
1. The National Single Window receives declaration information and forwards it to the specialized processing system of the Ministry of Information and Communications.
2. The specialized processing system checks the completeness and integrity of the declaration information data, and provides feedback on the reception status to the National Single Window.
3. In case the specialized processing system successfully receives the declaration information, the processing agency checks the completeness and validity of the declaration information, and provides feedback on acceptance or non-acceptance or requests for amendment and supplementation of the declaration information to the National Single Window.
4. In case the processing agency accepts the declaration information, the processing agency handles the single window administrative file, and provides feedback on the processing result to the National Single Window.
5. The National Single Window receives the processing results from the specialized processing systems, returns the processing results to the declarant and related specialized processing systems.
6. The customs authority bases its handling of the declarant's customs file on the declaration information, permits, and other processing results of the single window administrative procedure transferred by the declarant and the specialized processing systems, and provides the processing result to the National Single Window.
7. The National Single Window provides feedback on the customs authority's processing result to the declarant immediately upon receipt of the processing result from the customs authority.
8. The National Single Window provides the customs declaration form and the customs authority's processing result to relevant specialized management agencies when the administrative procedure of these specialized management agencies requires submission of the customs declaration form or when these specialized management agencies require provision of the customs declaration form and the customs authority's processing result related to their procedures.
Chapter IV
MECHANISM FOR COOPERATION AND INFORMATION EXCHANGE TO IMPLEMENT
SINGLE ADMINISTRATIVE PROCEDURES
Article 22. 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. All 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 compliance with legal provisions on information exchange among state agencies.
7. Agencies and units designated as the main points of contact for information exchange and provision for each party as stipulated in Article 27 of this Joint Circular must allocate resources and means to ensure smooth and timely information exchange and provision between parties.
Article 23. Content of Information Provision
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 Clause 1 of Appendix II attached hereto;
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 Information and Communications.
2. The Ministry of Information and Communications shall provide to the National Single Window Portal the following information:
a) Electronic documents for administrative procedures of the Ministry of Information and Communications as specified in Clause 2 of Appendix II attached hereto;
b) Other processing results of agencies under the Ministry of Information and Communications for administrative procedures.
Article 24. Forms of Exchange and Provision of Information
The exchange and provision of information shall be conducted online in the form of electronic documents as prescribed. The management unit of the National Single Window Portal is responsible for receiving and processing information provided by the Ministry of Information and Communications to implement single window administrative procedures. In case of technical failures or system malfunctions leading to inability to exchange and provide information through the electronic system, the parties involved may temporarily use other forms such as email, fax, or paper documents to conduct the exchange and provision of information.
Article 25. Periods for Statistics and Time Limits for Exchange and Provision of Information
The management unit of the National Single Window Portal shall be responsible for providing the following information to the units specified in Article 27 of this Joint Circular:
1. Monthly information: Statistics of information and data from the first day of the month to the last day of the month, to be provided no later than the twentieth day of the following month.
2. Annual information: Statistics of information and data from January 1st to December 31st, to be provided no later than January 20th of the following year.
3. Ad hoc information: In cases where the National Assembly, Government, National Steering Committee on the Single Window Mechanism, Ministry of Information and Communications, ASEAN Secretariat, or other competent authorities require ad hoc reports, the management unit of the National Single Window Portal shall proactively provide information according to the requirements.
Article 26. Management and Use of Information
1. The Ministry of Finance shall provide the Ministry of Information and Communications 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 codes and passwords; using the registered rights when requesting accounts.
2. Apart from the Ministry of Information and Communications, the Ministry of Finance shall be responsible for sharing information with competent agencies and individuals to utilize and exploit information from the National Single Window Portal. When the Ministry of Finance uses information related to the jurisdiction of the Ministry of Information and Communications on the National Single Window Portal to send to agencies and individuals, it must obtain prior approval from the Ministry of Information and Communications before officially providing the information to agencies and individuals for use. The provision of information must comply with the laws on state secrets protection and business confidentiality of enterprises, organizations, and individuals.
Article 27. Units responsible for providing and exchanging information
1. The Ministry of Finance and the Ministry of Information and Communications shall be responsible for assigning units to provide and exchange information to implement single-window administrative procedures within the scope defined by this Joint Circular.
2. Units assigned under 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, management, opening and registering with the National Single Window Management Unit email boxes, fax numbers, phone numbers, addresses for coordination.
Chapter V
IMPLEMENTING PROVISIONS
Article 28. Effective Date
1. This Joint Circular shall take effect from July 31, 2016.
2. Any issues or difficulties arising during implementation must be promptly reported to the Ministry of Finance and the Ministry of Information and Communications for resolution.
Article 29. Responsibility for Implementation
The Ministry of Finance and the Ministry of Information and Communications 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 jurisdictions, specifying the quantity, components, and types of documents (electronic documents, paper documents converted to electronic form, paper documents) in single-window administrative files.
4. Ensuring the accuracy, timeliness, security, and confidentiality of exchanged and provided information in accordance with current laws.
5. Periodically, the Ministry of Information and Communications shall be responsible for issuing, announcing, and updating the list of administrative procedures implemented on the National Single Window Portal.
Place of Receipt:
- Prime Minister, Deputy Prime Ministers;
- Ministries, agencies equivalent to ministries, and government agencies;
- Office of the General Secretary;
- National Assembly's Office;
- President's Office;
- Government Office;
- Office of the Central Steering Committee for Anti-Corruption;
- Supreme People's Procuracy;
- Supreme People's Court;
- State Audit Office;
- Minister and Deputy Ministers of the Ministry of Finance;
- Minister and Deputy Ministers of the Ministry of Information and Communications;
- Ministry of Information and Communications;
- Department of Legal Drafting, Ministry of Justice;
- People's Committees of provinces and centrally governed cities;
- Vietnam Chamber of Commerce and Industry;
- Official Gazette;
- Website: Government, MOF, MIC, TCHO;
- To be filed: VT, MOF (TCHQ), MIC (Department of VT) (332b)
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