Decree No. 85/2019/NĐ-CP provides for the implementation of administrative procedures under the national single window mechanism, the ASEAN single window mechanism, and specialized inspections for exported and imported goods.

DECREE

Regulations on the Implementation of Administrative Procedures under the National Single Window Mechanism, the ASEAN Single Window Mechanism, and Specialized Inspections for Exported and Imported Goods

On the basis of Law on the Organization of the Government dated June 19, 2015;

On the basis of Law on Customs dated June 23, 2014;

On the basis of Law on Information Technology June 29, 2006;

On the basis of Law on Electronic Transactions November 29, 2005;

On the basis of Civil Aviation Law of Vietnam June 29, 2006 and Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated November 21, 2014;

On the basis of The Vietnam Maritime Code dated November 25, 2015;

On the basis of Law on Inland Waterway Transport June 15, 2004 Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

On the basis of Law on Technical Standards and Regulations June 29, 2006;

On the basis of Law on Product Quality and Safety on November 21, 2007;

On the basis of Law on Prevention and Control of Infectious Diseases on November 21, 2007;

On the basis of Food Safety Law June 17, 2010

On the basis of Law on Rational Use and Efficient Energy Consumption June 17, 2010

Pursuant to the Minerals Law dated November 17, 2010

On the basis of Law on Plant Protection and Quarantine November 25, 2013

On the basis of Law on Forest Protection and Development March 12, 2004

On the basis of Chemicals Law December 21, 2007

On the basis of Minerals Law November 17, 2010

On the basis of Publishing Law December 20, 2012

On the basis of Environmental Protection Law June 24, 2014

On the basis of Veterinary Law dated June 19, 2015;

On the basis of Drug Law April 6, 2016;

On the basis of Foreign Trade Management Law June 12, 2017;

On the basis of Fisheries Law November 21, 2017

On the basis of Law on Weapons, Explosives, and Supporting Tools Management and Use dated June 20, 2017;

To implement the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization and the Agreement on the Establishment and Operation of the ASEAN Single Window Mechanism;

At the proposal of the Minister of Finance;

The Government promulgates this Decree stipulating the implementation of administrative procedures under the national single window mechanism, the ASEAN single window mechanism, and specialized inspections for exported and imported goods.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for the implementation of administrative procedures for exported, imported, and transiting goods; means of transport exiting, entering, and transiting the country according to the national single window mechanism and the ASEAN single window mechanism; specialized inspections for exported, imported, and transiting goods; management, operation, exchange, and sharing of data through the National Single Window Portal.

Article 2. Applicability

1. Agencies, organizations, and individuals implementing administrative procedures for exported, imported, and transiting goods; means of transport exiting, entering, and transiting the country.

2. Agencies, organizations, and individuals related to export, import, and transit activities of goods; exit, entry, and transit of persons and means of transport.

3. Organizations providing data transmission services, organizations providing digital signatures and certificates, software providers.

Article 3. Explanation of Terms

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

1. Implementing administrative procedures under the national single window mechanism involves submitting electronic information and documents to perform customs procedures and other related administrative procedures for exported, imported, and transiting goods; means of transport exiting, entering, and transiting the country through the National Single Window Portal. The administrative procedure handling agency decides whether goods can be exported, imported, or transited; means of transport can exit, enter, or transit the country through the National Single Window Portal. The customs authority decides to clear goods and delivers the results of processing to the National Single Window Portal.

2. The National Single Window Portal is an integrated information system for performing customs procedures and other related administrative procedures for exported, imported, and transiting goods; persons and means of transport exiting, entering, and transiting the country.

3. The specialized inspection system is an information system of sectoral management ministries and agencies responsible for processing declarations submitted by declarants, connecting and exchanging information through the National Single Window Portal to implement administrative procedures under the national single window mechanism.

4. The administrative procedure handling agency (hereinafter referred to as the handling agency) is the agency authorized by law to implement administrative procedures for the export, import, and transit of goods; exit, entry, and transit of persons and means of transport.

5. Administrative file includes information, documents, and materials submitted by the declarant in accordance with the relevant laws and regulations for each administrative procedure under the national single window mechanism.

6. Electronic document is information created, sent, received, and stored electronically to perform administrative procedures through the National Single Window Portal. An electronic document is a form of data message, including information: declaration and submission information from the declarant, processing results from the handling agency, notifications from the handling agency sent to the declarant through the National Single Window Portal.

7. Declarant is an organization or individual implementing administrative procedures through the National Single Window Portal.

8. System user is an entity permitted to access the National Single Window Portal.

9. The ASEAN Single Window Mechanism is an environment where the national single window mechanisms of ASEAN member countries connect with each other.

10. Specialized inspection is the process whereby specialized inspection agencies base their actions on legal provisions regarding technical standards and regulations to examine, evaluate, and determine whether goods meet the requirements for export, import, and transit as stipulated by relevant laws.

Cultural specialized inspections for exported and imported goods are carried out in accordance with the laws governing the cultural sector.

11. Risk management in specialized inspections involves applying a system of measures and operational procedures to identify, assess, and classify risk levels, serving as a basis for deciding on inspections, inspection methods, inspection intensity, and resource allocation to effectively carry out specialized inspections.

12. Specialized inspection agency is a state agency assigned by the sectoral management ministry or agency to conduct specialized inspections for exported, imported, and transiting goods within its designated scope as stipulated in the Decree detailing the functions, tasks, powers, and organizational structure of sectoral management ministries and agencies.

Article 4. Functions of the National Single Window Portal

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

2. Transmitting electronic documents, declaration information, and related information of the declarant to specialized processing systems while storing information from the declarant on the National Single Window Portal for the purpose of searching and statistics.

3. Receiving processing results and notifications from specialized processing systems.

4. Providing feedback on processing results to the declarant and relevant specialized processing systems.

5. Storing the status of electronic transactions and electronic documents conducted through the National Single Window Portal. The retention period for the status of electronic transactions and electronic documents shall be carried out in accordance with the provisions of the Law on Electronic Transactions and the regulations on record retention under the specialized laws.

6. Providing information including: administrative procedure resolution information, statistical data according to requirements from processing agencies and declarants in accordance with the functions and authorities of the processing agencies and the rights and responsibilities of the declarants.

7. Publishing regulations of specialized laws concerning management policies, administrative procedures, and persons implementing them as stipulated in this Decree.

8. Connecting with the information systems of countries and territories pursuant to international agreements signed and international treaties to which the Socialist Republic of Vietnam is a member.

Article 5. Principles of Operation of the National Single Window Portal

The operation of the National Single Window Portal must meet the following requirements:

1. Adhering to the provisions of the law on protecting state secrets, commercial secrets, business secrets, and other relevant legal provisions.

2. Ensuring the accuracy, transparency, objectivity, completeness, and timeliness of administrative procedures implemented through the National Single Window Portal.

3. Facilitating individuals and organizations when conducting administrative procedures through the National Single Window Portal.

Article 6. Electronic Transactions on the National Single Window Portal

Electronic transactions on the National Single Window Portal (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 transmitting declaration information from the National Single Window Portal to specialized processing systems.

3. Receiving processing results sent from specialized processing systems to the National Single Window Portal.

4. Exchanging information between specialized processing systems through the National Single Window Portal.

5. Exchanging information between the Vietnamese National Single Window Portal and the information systems of countries and territories pursuant to signed international agreements, international treaties to which the Socialist Republic of Vietnam is a member.

Article 7. Management of the National Single Window Portal

1. The managing unit of the National Single Window Portal is the General Department of Customs under the Ministry of Finance.

2. The managing unit of the National Single Window Portal has the responsibility to:

a) Manage technical operations, maintenance, upgrading of hardware systems, network systems, security systems serving the operation of the National Single Window Portal; establishing and maintaining the network infrastructure connecting the National Single Window Portal with specialized processing systems;

b) Managing, operating, maintaining, and upgrading the National Single Window Portal to meet the requirements of all parties involved;

c) Managing and issuing accounts for users of the National Single Window Portal;

d) Ensuring the continuous operation of the National Single Window Portal 24 hours a day, 7 days a week;

đ) Notifying processing agencies about the plan and expected time to resolve issues in case the National Single Window Portal encounters problems;

e) Providing technical advice and support to specialized processing systems and declarants when requested; guiding declarants on using registered accounts to access the National Single Window Portal in case of arising difficulties;

g) Storing and ensuring the safety of information and data in accordance with Article 9 of this Decree;

h) Participating in negotiations and implementing international agreements and international treaties related to information exchange between the National Single Window Portal and the information systems of countries and territories.

Article 8. Authority and Level of Access to the National Single Window Portal

1. Individuals initiating administrative procedures through the National Single Window Portal shall have access to the Portal to submit information, receive feedback on the processing of their files for administrative procedures, receive administrative certificates, other processing results related to administrative procedures, and search for information published on the National Single Window Portal.

2. Customs authorities and agencies handling administrative procedures processed on the National Single Window Portal shall have access to the Portal to receive information, process, and provide feedback on the results of administrative procedures in accordance with specialized laws.

Article 9. Storage and Safeguarding of Information and Data

1. The management unit of the National Single Window Portal shall be responsible for storing, backing up, ensuring the security of information and data from transactions conducted on the Portal; applying necessary technical and professional measures to secure information and data on the Portal, ensuring accurate, timely, and effective sharing of information and data among agencies, organizations, units, and individuals.

2. Agencies handling procedures shall be responsible for storing and ensuring the safety of information and data sent to the National Single Window Portal within specialized processing systems.

3. Applicants shall be responsible for storing and ensuring the safety of information and data provided to the National Single Window Portal in compliance with specialized legal regulations.

4. Organizations providing data transmission services must ensure the smoothness, integrity, and security of information and data transmitted through the services they provide.

5. The management agency of the National Single Window Portal and relevant ministries shall ensure that the National Single Window Portal and specialized processing systems comply with the provisions of Decree No. 85/2016/NĐ-CP dated July 1, 2016 of the Government on ensuring the security of information systems according to levels and legal regulations on information security.

Article 10. Responsibilities of Ministries Managing Sectors and Fields in Implementing the National Single Window Mechanism

1. The Ministry of Finance shall be responsible for leading and coordinating with ministries managing sectors and fields:

a) Announcing the List of Administrative Procedures and the time for implementing administrative procedures through the National Single Window Portal.

b) Unifying the model of the system connection and information exchange, requirements for connection methods, technical standards, and information indicators serving the implementation of the National Single Window mechanism;

c) Organizing the management, operation, storage of information and data, and handling incidents of the National Single Window Portal;

d) Announcing information and formats of electronic certificates prescribed in point d, Clause 2 of this Article.

2. Relevant ministries managing sectors and fields shall be responsible for:

a) Coordinating with the Ministry of Finance and related units to implement the contents stipulated in points a, b, c, and d of Clause 1 of this Article;

b) Reviewing administrative procedures under their management to specify the methods of implementing administrative procedures according to the National Single Window mechanism in compliance with this Decree and implementing the announcement of administrative procedures in accordance with the law;

c) Managing electronic transactions related to the processing of administrative procedures of their ministry or sector;

d) Organizing the management, operation, storage of information and data, and handling incidents of specialized processing systems of their ministry or sector;

e) Specifying information and formats of electronic certificates within their management scope in accordance with the requirements of specialized laws and international standards.

Chapter II

PROVISIONS ON ADMINISTRATIVE PROCEDURES UNDER THE NATIONAL SINGLE WINDOW MECHANISM

Article 11. Registration for Use, Revocation of User Accounts on the National Single Window Portal

1. Account registration for users is conducted by the applicant:

a) The account registration is carried out at the address https://vnsw.gov.vn;

b) In cases where the applicant has been granted access accounts to specialized system processing by sectoral management ministries, the applicant selects one of these accounts and registers information according to Model No. 01 annexed to this Decree;

c) In cases where the applicant does not have an account,

The applicant registers information according to Model No. 02 annexed to this Decree.

The National Single Window Portal Management Unit shall check and verify the information provided by the applicant within one working day from the date of receipt of the information. If the information provided is incomplete or inaccurate, the unit will notify the applicant via email to amend or supplement the information or reject it, specifying the reasons. If the application is approved, the unit will notify the applicant via email.

2. Account registration for users who are civil servants of agencies and units under sectoral management ministries:

a) Sectoral management ministries compile a list of new user accounts required on the National Single Window Portal, specifying full name, position, place of work, authority to use functions under the National Single Window Portal, and send a notification letter to the National Single Window Portal Management Unit;

b) Within three working days from the date when sectoral management ministries provide the list of new user accounts as required, the National Single Window Portal Management Unit, based on technical requirements for ensuring system security, will review the number of accounts requested by sectoral management ministries, issue user accounts to those ministries, and notify them in writing of the login name and default password. In cases where the number of newly issued accounts is less than the number requested by sectoral management ministries, the National Single Window Portal Management Unit must specify the reasons in the notification letter sent to those ministries.

3. Account registration for users who are conformity assessment organizations:

Sectoral management ministries compile information needed for issuing accounts to conformity assessment organizations and send a notification letter to the National Single Window Portal Management Unit to obtain accounts in accordance with Clause 2 of this Article.

4. Locking user system accounts:

a) In cases where it is necessary to lock an account, the applicant or sectoral management ministries must submit a written notice to the National Single Window Portal Management Unit five days before the proposed account lock date, specifying the account information, reason for locking the account, and the proposed lock date.

b) In urgent cases affecting data security, the user or sectoral management ministries may notify the National Single Window Portal Management Unit through telephone or email for immediate account lock. The National Single Window Portal Management Unit must notify the applicant or sectoral management ministries within five hours from the lock time via one of the following methods: written notice, email, or telephone.

c) In cases where the National Single Window Portal Management Unit discovers risks affecting data security, it will immediately lock the account and notify the applicant and sectoral management ministries right after completing the account lock process.

5. Reactivating locked accounts:

a) To continue using a locked account, the applicant or sectoral management ministries must submit a written request to the National Single Window Portal Management Unit, specifying the account information, reason for reactivation request, and reactivation date.

b) The National Single Window Portal Management Unit will reactivate the locked account according to the reactivation date specified in point a of this clause. If the reactivation date is earlier than the date of receiving the reactivation request or later than one day from the date of receiving the reactivation request, the reactivation time will be one working day from the date of receiving the reactivation request.

6. Revoking accounts:

The National Single Window Portal Management Unit will revoke accounts in the following cases:

a) The applicant or conformity assessment organization submits a written request to revoke their own account;

b) Sectoral management ministries notify about the dissolution, bankruptcy, cessation, or temporary cessation of operations of the applicant or conformity assessment organization;

c) Sectoral management ministries notify about the revocation of accounts of users who are civil servants, public officials, or other subjects granted access rights to the National Single Window Portal by sectoral management ministries;

d) Other cases as prescribed by law.

The party requesting the account revocation must submit a written notice to the National Single Window Portal Management Unit, specifying the account information, reason for account revocation, and revocation date. For cases of dissolution, bankruptcy, cessation, or temporary cessation of operations of the applicant or conformity assessment organization, the date of such events must also be specified.

Within three working days from the date of receiving the account revocation request, the National Single Window Portal Management Unit will revoke the account and send a written notice of the implementation result to the party requesting the revocation.

7. Account management:

a) Responsibilities of system users:

Ensuring the safety and confidentiality of their own account information issued for accessing the National Single Window Portal. Promptly notifying the National Single Window Portal Management Unit in case of loss or exposure of account information that poses a risk to data security.

b) Responsibilities of sectoral management ministries and agencies

Manage the use of accounts on the National Single Window Portal by officials, civil servants, employees, and conformity assessment organizations; promptly notify the National Single Window Portal Management Unit about adjustments, supplements, user information, and account access to the National Single Window Portal; dissolution, bankruptcy, cessation, or suspension of activities, and revocation of designation decisions for conformity assessment organizations.

Article 12. Using digital signatures to perform administrative procedures through the National Single Window Portal

In cases where specialized laws require the use of digital signatures, the declarant must use digital signatures to perform administrative procedures on the National Single Window Portal and comply with the following provisions:

1. The use of digital signatures and the legal value of digital signatures shall be carried out in accordance with the regulations of the law on digital signatures and digital signature certification services.

2. Digital signatures used to perform administrative procedures must be certified by public digital certificate providers; foreign digital certificates permitted for use in Vietnam.

3. 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.

4. Before using digital signatures to perform administrative procedures through the National Single Window Portal, users must register their digital signatures with the National Single Window Portal Management Unit. Information about digital signatures can be registered immediately when the declarant performs the procedure to obtain a user account for the system. 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 exporter, importer;

b) Full name, ID card number or citizen identification card number, passport number or equivalent legal document number, position (if applicable) of the person issued the digital certificate;

c) Serial number of the digital certificate;

d) Validity period of the digital certificate.

5. In cases where registered information changes, the digital certificate is renewed or the key pair is changed; the declarant must re-register the information specified in Clause 3 of this Article with the National Single Window Portal Management Unit. The procedure for re-registering the information specified in Clause 3 of this Article is similar to the initial registration.

Article Article 13. Performing administrative procedures through the National Single Window Portal

1. Procedure for performing administrative procedures through the National Single Window Portal:

a) The declarant and processing agencies send information about administrative procedures to the National Single Window Portal;

b) The National Single Window Portal receives, assigns file numbers, and forwards the information to specialized processing systems;

c) Processing agencies receive, process the information, provide feedback on the status of receipt, processing, and results of processing to the National Single Window Portal;

d) The National Single Window Portal provides feedback on the status of receipt, processing, and results of processing information to the declarant and related specialized processing systems.

2. Responsibilities of the declarant:

a) Submit administrative files and comply with processing requirements according to the regulations of the processing agency when performing administrative procedures through the National Single Window Portal.

The declarant may use tools provided by data transmission service organizations to establish information to fulfill the responsibility stipulated herein;

b) Pay taxes, fees, charges, and other revenues as prescribed by law;

c) Bear legal responsibility for the accuracy and truthfulness of the declared content and submitted documents; consistency between paper and electronic document content.

3. Responsibilities of the processing agency:

a) Perform administrative procedures in accordance with relevant laws;

b) The processing agency sends permits or processing results for exported, imported, and transited goods; outbound, inbound, and transited transport means through the National Single Window Portal;

c) Customs authorities decide to clear exported, imported, and transited goods based on permits and processing results from the processing agency transferred to the customs electronic data processing system through the National Single Window Portal.

4. In cases of technical failures or force majeure preventing the performance of administrative procedures through the National Single Window Portal, administrative procedures shall be performed in accordance with Article 17 of this Decree.

Article 14. Administrative files under the National Single Window Mechanism

1. Documents within administrative files under the National Single Window Mechanism include electronic documents and paper documents.

2. Electronic documents consist of declarations, registration forms, confirmation of registrations, or other forms submitted or announced through the National Single Window Portal to implement administrative procedures.

Electronic documents include those converted from paper documents.

3. Electronic documents submitted to implement administrative procedures through the National Single Window Portal must meet the following conditions:

a) Electronic documents must be established according to the criteria and format models prescribed by the sectoral management agencies;

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

c) Electronic documents must fully comply with the requirements of specialized laws on administrative procedures;

d) Electronic documents must have the digital signature of the authorized person as stipulated by the specialized laws on administrative procedures when such administrative procedures require the use of digital signatures.

4. Paper documents shall be submitted to administrative procedure handling agencies in the following cases:

a) As required by specialized laws, they must be submitted or presented in paper form;

b) The National Single Window Portal or the specialized processing system encounters technical issues or errors that prevent the acceptance or exchange of electronic information.

The form, content, and method of submission or presentation must comply with the provisions of specialized laws.

5. The declarant must store electronic documents and paper documents in accordance with the provisions of the law.

Article 15. Conversion of Electronic Documents to Paper Documents and Vice Versa

1. The creation and conversion of electronic documents from paper documents and vice versa shall be carried out in accordance with the laws on electronic transactions, specialized laws, and the provisions of Clause 2 and Clause 3 of this Article.

2. Electronic documents converted from paper documents may be reported or presented to the handling agency if they satisfy the following conditions:

a) Fully reflect the content of the paper documents;

b) They bear the digital signature of the declarant registered to participate in the National Single Window Portal on the electronic document converted from the paper document.

3. Paper documents converted from electronic documents issued through the National Single Window Portal must satisfy the following conditions:

a) Fully reflect the content of the electronic document;

b) They must have recognizable marks on the paper document converted from the electronic document printed from the National Single Window Portal. Recognizable marks include: Information indicating that the document has been digitally signed by the issuing authority or the Managing Unit of the National Single Window Portal, the name and email address, phone number of the signing authority, and the time of digital signing. Recognizable marks are published by the Managing Unit of the National Single Window Portal at the website: https://vnsw.gov.vn;

c) They must have a legal signature, full name, and stamp of the person performing the conversion (the declarant) on the paper document converted from the electronic document.

Article 16. Receiving and Handling User Issues with the System

1. Users report issues through one of the following methods: calling the hotline, sending emails, or submitting written documents to the support department of the sectoral management agency.

Information about the hotline and email addresses is posted on the electronic portal or website of the sectoral management agencies.

2. The support department of the sectoral management agency where the issue is reported shall be responsible for:

a) Receiving and proactively resolving issues within their scope of functions and responsibilities;

b) Promptly transferring issues within the management scope of another sectoral agency or requiring inter-sectoral resolution to the relevant support department.

3. The online support unit of the Managing Unit of the National Single Window Portal shall be responsible for:

a) Serving as the point of contact for receiving and leading the resolution of issues related to the National Single Window Portal, handling inter-sectoral issues beyond the scope of individual sectors;

b) Building a question-and-answer database as a basis for supporting users.

Article 17. Handling Incidents

In cases where the National Single Window Portal experiences incidents or in cases of force majeure that prevent electronic exchange and provision of information, incident handling shall be carried out as follows:

1. The National Single Window Portal management unit shall immediately post incident information on the National Single Window Portal and notify the relevant agencies responsible for handling incidents through official letters, telephone, or email to the addresses previously notified to the National Single Window Portal management unit as stipulated at point d, Clause 2, Article 7.

2. The handling agencies shall notify the declarant in writing or via email to the registered address of the declarant to complete administrative procedures being processed on the National Single Window Portal.

3. During the period of incident resolution, administrative procedures shall be carried out through one of the following methods:

a) By paper documents;

b) Through specialized processing systems according to the guidance of the handling agency or according to the guidance of relevant agencies in compliance with specialized laws.

4. The National Single Window Portal management unit shall be responsible for notifying the list of administrative procedures that will not be conducted through the National Single Window Portal during the system incident period.

5. Once the incident has been fully resolved, the handling agency must complete data verification and transfer the data to the National Single Window Portal within the latest one working day.

Chapter III

ADMINISTRATIVE PROCEDURES FOR EXPORT, IMPORT GOODS AND TRANSIT GOODS

Section 1

ADMINISTRATIVE PROCEDURES FOR EXPORT, IMPORT GOODS AND TRANSIT GOODS THROUGH THE NATIONAL SINGLE WINDOW PORTAL

Article 18. Declaration, Amendment, Supplement of Declaration Information and Submission of Documents in Administrative Files

1. Declaration, amendment, and supplementation of declaration information can be carried out in one of the two forms of electronic declaration creation as follows:

a) Creation of declaration information according to criteria and formats established by sectoral and field management ministries based on data standards guided by the National Single Window Portal management unit; sent to the National Single Window Portal;

b) Directly declaring on the National Single Window Portal.

2. Amendments and supplements to declaration information shall be carried out in accordance with the relevant laws on administrative procedures.

3. Submission of documents in administrative files shall be implemented in accordance with Article 14 of this Decree.

Article 19. Receipt, Processing of Administrative Files and Notification of Results

1. The National Single Window Portal shall implement:

a) Receiving electronic declarations at any time of the day and any day of the week;

b) Providing feedback on electronic declarations to the declarant and automatically transferring electronic declarations to specialized processing systems.

2. The handling agency shall implement:

a) Receiving and processing administrative files;

b) Notifying the status of receipt to the declarant and related agencies involved in administrative procedures through the National Single Window Portal in the form of acceptance, rejection, or request for amendment and supplementation of administrative files;

c) Notifying the results of processing to the declarant and related agencies... through the National Single Window Portal.

The deadlines for processing, notification of the status of receipt of administrative files, and notification of the results of processing shall be carried out in accordance with specialized laws.

Article 20. Information Exchange between the National Single Window Portal and Specialized Processing Systems

Automatic information exchange between the National Single Window Portal and specialized processing systems shall be carried out as follows:

1. The National Single Window Portal

a) Sending administrative dossier declaration information to the specialized processing system of the processing agencies;

b) Receiving notifications on the status of administrative dossier acceptance and processing results from the specialized processing system, and transferring the processing results to related specialized processing systems;

c) Providing customs declarations and processing results of the customs agency to relevant processing agencies when the administrative procedures of the processing agencies require submission or provision of customs declarations and processing results of the customs agency related to the procedures of the processing agencies.

2. Specialized Processing System

a) Receiving administrative dossier declaration information from the National Single Window Portal;

b) Providing feedback on successful receipt information or error notifications to the National Single Window Portal;

c) Notifying the acceptance, rejection, or request for modification and supplementation of administrative dossiers by the processing agency to the National Single Window Portal;

d) Providing feedback on the processing results of the administrative dossiers by the processing agency to the National Single Window Portal.

Section 2

SPECIALIZED INSPECTION FOR EXPORTED, IMPORTED, AND TRANSIT GOODS

Article 21. Principles of Specialized Inspection for Exported, Imported, and Transit Goods

1. Applying risk management principles, assessing the level of compliance with specialized laws by organizations and individuals to ensure effective state management and facilitate export, import, and transit activities.

2. Specialized inspection agencies shall conduct specialized inspections based on technical standards and regulations applicable to inspected goods as published by sectoral management agencies on the National Single Window Portal.

Depending on management requirements, sectoral management agencies may designate conformity assessment organizations that meet legal conditions to perform certain tasks within specialized inspections.

3. Exempting or reducing specialized inspections for:

a) Goods that have been certified as conforming to standards, certified as compliant, announced as conforming to standards, announced as compliant, and certified as having applied advanced international or regional standards according to the provisions of sectoral management agencies;

b) Goods that have conformity assessment results recognized under international treaties to which the Socialist Republic of Vietnam is a party.

4. Goods included in the List of Goods for Export Subject to Pre-Clearance Specialized Inspections, the List of Goods for Import Subject to Pre-Clearance Specialized Inspections, and the List of Goods for Import Subject to Post-Clearance Specialized Inspections shall comply with the following requirements as stipulated by specialized laws and meet all necessary criteria:

a) Detailed name of the goods accompanied by the appropriate HS code in accordance with the provisions of specialized laws and the List of Exported and Imported Goods of Vietnam;

b) Technical standards and regulations applicable to inspected goods serving as the basis for inspecting the goods;

c) Procedures for inspection, inspection formalities, inspection deadlines, specialized inspection agencies, and designated conformity assessment organizations (if any).

5. Goods included in the List of Goods for Import Subject to Pre-Clearance Specialized Inspections shall meet management requirements during specific periods and fall under one of the following categories: high risk of safety hazards, disease spread, health and life risks, environmental pollution, social ethics and cultural norms violations, economic harm, national security threats.

6. For goods listed in the List of Goods for Import Subject to Post-Clearance Specialized Inspections, relevant sectoral management agencies shall organize the implementation of import inspections in accordance with the law; inspection results will be considered to adjust the List of Goods for Import Subject to Pre-Clearance Specialized Inspections and assess the compliance levels of organizations and individuals to determine the form and extent of specialized inspections.

Article 22. Cases Exempt from Specialized Inspection Before Clearance

1. Cases exempt from specialized inspection as prescribed by law, cases exempt from specialized inspection as prescribed by international treaties to which the Socialist Republic of Vietnam is a member.

2. In addition to the exemptions provided for in Clause 1 of this Article, national inspection for food safety shall also be exempted in the following cases:

a) Imported goods sent through postal services or express delivery with a customs value exempted from tax as prescribed by tax laws;

b) Goods listed and quantified for tax exemption under the law serving the work and daily life of foreign organizations enjoying diplomatic privileges and immunities;

c) Luggage of incoming travelers within the tax-exempt limit;

d) Exported and imported goods for immediate consumption.

3. In addition to the exemptions provided for in Clause 1 of this Article, national inspection for quality shall also be exempted in the following cases:

a) Imported goods sent through postal services or express delivery with a customs value exempted from tax as prescribed by tax laws;

b) Temporarily imported goods for sale at duty-free shops;

c) Exported and imported goods for immediate consumption.

4. The provisions of Clauses 1, 2, and 3 of this Article shall not apply in cases where relevant ministries and agencies issue warnings about food safety, disease spread, harm to human health, life, environmental pollution, impact on social ethics, local customs and traditions, economic harm, national security, or issue documents suspending the application of pre-clearance specialized inspection exemption.

Article 23. Clearance of Exported Goods Subject to Specialized Inspection

1. For goods listed in the Catalogue of Exported Goods Subject to Pre-Clearance Specialized Inspection, the customs authority shall decide to clear such goods after the declarant has completed customs procedures in accordance with the law and meets one of the following conditions:

a) There is a notification of exemption from inspection issued by the specialized inspection agency, except for cases exempted from inspection as stipulated in Article 22 of this Decree;

b) There is a notification of satisfactory inspection results issued by the specialized inspection agency;

c) There is a notification of conformity with corresponding technical standards and regulations issued by a designated conformity assessment organization recognized by specialized laws as a basis for clearance of goods.

2. In cases where goods not listed in the Catalogue of Exported Goods Subject to Pre-Clearance Specialized Inspection undergo specialized inspection upon request of the declarant or the importing country, the declarant does not need to submit the inspection results to the customs authority when handling customs procedures.

Article 24. Clearance of Imported Goods Subject to Specialized Inspection

1. For goods listed in the Catalogue of Imported Goods Subject to Pre-Clearance Specialized Inspection, the customs authority shall decide to clear such goods after the declarant has completed customs procedures in accordance with the law and meets one of the following conditions:

a) There is a notification of exemption from inspection issued by the specialized inspection agency, except for cases exempted from inspection as stipulated in Article 22 of this Decree;

b) There is a notification of satisfactory inspection results issued by the specialized inspection agency;

c) There is a notification of conformity with corresponding technical standards and regulations issued by a designated conformity assessment organization recognized by specialized laws as a basis for clearance of goods.

2. In cases where administrative procedures for quality inspection are carried out through the National Single Window Portal, the importer submits the application for state quality inspection to the specialized inspection agency through the National Single Window Portal without having to submit the application for state quality inspection certified by the specialized inspection agency to the customs authority as required by point b, Clause 2a and point b, Clause 2b of Article 7 of Decree No. 132/2008/NĐ-CP dated December 31, 2008 detailing certain provisions of the Law on Product and Goods Quality, amended and supplemented by Clause 3 of Article 1 of Decree No. 74/2018/NĐ-CP dated May 15, 2018.

3. In cases where the actual quantity of imported goods exceeds the declared quantity on the customs declaration but the goods are identical, from the same importer, of the same origin, produced by the same manufacturer, transported on the same means of transport, and under the same transport document (except for machinery, equipment, and transport vehicles), the declarant may use the specialized inspection results of that declaration for clearance after fulfilling all tax obligations and any decisions on handling (if applicable) as prescribed by law.

Article 25. Responsibilities of the Parties Involved in Specialized Inspection Before Clearance

The responsibilities of the customs declaration person, the conformity assessment organization designated, and the specialized inspection agency shall be carried out in accordance with the provisions of the specialized laws and the following provisions:

1. Responsibilities of the customs declaration person

a) Shall only allow goods listed in the Import Goods List Subject to Specialized Inspection Before Clearance to enter circulation after receiving satisfactory specialized inspection results or being exempted from specialized inspection and the customs authority deciding on clearance;

b) Implement the decision of the competent state agency, bear all related costs, and remedy consequences in accordance with the law.

2. Responsibilities of the specialized inspection agency

a) Accept and inspect the specialized inspection registration dossier of the declarant;

b) Inspect and evaluate goods according to the requirements of the specialized law; notify the specialized inspection results to the customs declaration person and the customs authority;

c) Handle within its authority or report and propose measures to deal with exported and imported goods that do not meet technical standards and regulations to the competent authority;

d) Ensure objectivity, accuracy, transparency, and non-discrimination in specialized inspection activities; keep the inspection results confidential in accordance with the law;

đ) Be responsible under the law for the results of specialized inspections;

e) Provide information and cooperate with the customs authority in monitoring and supervising the consignor's implementation of remedial measures for goods that do not meet conditions and standards as decided by the competent state agency;

g) Propose to the competent state management agency regarding the establishment of the Import Goods List Subject to Specialized Inspection Before Clearance, the Export Goods List Subject to Specialized Inspection Before Clearance, simplification of procedures, methods of accepting and processing dossiers, and publicizing the results of specialized inspections on the National Single Window Portal.

3. Responsibilities of the designated conformity assessment organization

a) Carry out certain tasks in specialized inspection within the scope designated; be responsible under the law and before the specialized inspection agency for the results of implementation;

b) Provide evaluation results within the prescribed time limit to the specialized inspection agency as the basis for concluding whether goods meet technical standards and regulations;

c) Keep information, data, and evaluation results confidential, except when required by the competent state agency;

d) Retain samples and records in accordance with the law;

đ) Comply with inspections and audits of conformity assessment activities in accordance with the law;

Article 26. Responsibilities of Sectoral Management Ministries

1. Responsibilities of Sectoral Management Ministries

a) Conduct specialized inspections based on risk management, assess the level of compliance with specialized laws by organizations and individuals in specialized inspections to ensure effective state management and facilitate export, import, and transit activities;

b) Issue the list of goods subject to specialized inspection in accordance with Article 21 of this Decree and announce it on the National Single Window Portal;

c) Announce on the National Single Window Portal: the list of goods that have applied advanced management systems according to international standards and regional standards as stipulated in Clause 4, Article 27 of the Product Quality Law; advanced management systems according to international standards and regional standards;

d) Specify and announce on the National Single Window Portal about: specialized inspection agencies; scope of work designated in specialized inspection activities, criteria for designating conformity assessment organizations; procedures, timeframes, and methods for implementing specialized inspection procedures linked to the responsibilities of specialized inspection agencies and designated conformity assessment organizations; conditions and criteria for exemption from inspection, file inspection, and combined file and physical inspection; list of conformity assessment organizations recognized for serving state management under international treaties; list of designated conformity assessment organizations issuing conformity assessment results as stipulated in point c, Clause 1, Article 23 and point c, Clause 1, Article 24 of this Decree;

đ) Based on the provisions of this Decree, sectoral management ministries shall take the lead in reviewing normative legal documents issued by ministries or submitted to competent authorities for issuance; if any provisions are found to contradict or conflict with this Decree, they shall issue or submit normative legal documents to the competent authority for issuance to provide guidance on implementing this Decree;

2. Responsibilities of the Ministry of Finance

Take the lead and coordinate with sectoral management ministries to determine HS codes for goods listed in the Import Goods List Subject to Specialized Inspection Before Clearance as stipulated in Article 21 of this Decree for sectoral management ministries to issue and announce in accordance with regulations.

Article 27. Coordination in specialized inspection activities

1. The unit managing the National Single Window Portal shall take the lead and coordinate with the sectoral management ministries to establish the methods and contents for sharing information and data on goods that have been cleared but require post-clearance specialized inspections as stipulated in Clause 6, Article 21 of this Decree.

2. Customs authorities, during the customs clearance process, if they discover imported goods subject to specialized inspections showing signs of not meeting relevant technical standards or regulations, shall notify the specialized inspection authorities to pay attention during the inspection process and not allow the goods to be stored.

3. Sectoral management ministries, specialized inspection authorities, upon having information about imported goods showing signs of not meeting relevant technical standards or regulations, or determining that imported goods of the same type as those being inspected in circulation do not meet such standards or regulations, shall apply appropriate inspection measures and simultaneously notify the customs authorities not to allow the goods to be stored.

4. Specialized inspection authorities, conformity assessment organizations designated during the inspection and sampling process for goods that have been stored, if they find that the imported goods do not match the quantity or type specified in the specialized inspection registration form; or if they dispose of part or all of the goods without authorization, shall notify the customs authorities to cooperate in handling the matter.

5. Conformity assessment organizations mentioned in point c, Clause 1, Article 23 and point c, Clause 1, Article 24 of this Decree shall be responsible for conducting conformity assessment activities, implementing reporting procedures as prescribed by specialized laws; sending the results of the conformity assessment to the declarant, specialized inspection authorities, and customs authorities through the National Single Window Portal.

Chapter IV

ADMINISTRATIVE PROCEDURES FOR IMPORTED, EXPORTED, AND TRANSIT VEHICLES

Section 1

ADMINISTRATIVE PROCEDURES FOR IMPORTED, TRANSIT, AND EXPORTED AIRCRAFTS

Article 28. Information Exchange to Implement Procedures for Imported, Exported, and Transit Aircrafts at International Airports

1. The implementation of procedures, exchange, sharing, and utilization of information for imported, exported, and transit aircrafts; pre-information on passengers and cargo at international airports shall be carried out through the National Single Window Portal.

2. The Ministry of Finance, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Public Security, and the Ministry of Transport shall be responsible for building and connecting their systems with the National Single Window Portal to receive and process information or directly access the National Single Window Portal to receive and process information.

Article 29. Declaration, Provision, and Processing of Information for Imported Aircrafts

1. The declarant submits an electronic data dossier to complete the procedure for imported aircrafts according to Clause 1, Article 61 of Government Decree No. 08/2015/ND-CP dated January 21, 2015, detailing and implementing the Law on Customs regarding customs procedures, inspection, supervision, and control, which has been amended and supplemented in Clause 32, Article 1 of Government Decree No. 59/2018/ND-CP dated April 20, 2018.

The deadline for submitting an electronic dossier and the information indicators of the declaration forms under this clause shall be implemented according to Clause 1 and Clause 5, Article 62 of Government Decree No. 08/2015/ND-CP, which has been amended and supplemented in Clause 33, Article 1 of Government Decree No. 59/2018/ND-CP.

2. In cases where specialized laws require the submission and presentation of paper documents, the submission and presentation of paper documents shall be carried out in accordance with the provisions of specialized laws.

3. The National Single Window Portal automatically responds to confirm receipt of the documents mentioned in Clause 1 of this Article.

4. Airport authorities shall be responsible for receiving, processing, and confirming completion of the procedure for imported aircrafts through the National Single Window Portal for the declarant and related parties within one hour from the time the declarant submits and presents the required documents.

5. Civil Aviation Port Authorities shall receive flight-related information through the National Single Window Portal to support specialized management.

6. Exit and Entry Control Units shall receive information on flights, passenger lists, crew lists, and employee lists on board the aircraft, and passenger booking information (PNR) through the National Single Window Portal to handle according to specialized laws.

7. Customs authorities shall receive the documents mentioned in Clause 1 of this Article and confirm completion of customs procedures for imported aircrafts through the National Single Window Portal.

8. Border health quarantine organizations, animal quarantine agencies, plant quarantine agencies shall receive flight-related information through the National Single Window Portal to support specialized management in the fields of health quarantine, animal quarantine, and plant quarantine.

9. Amend and supplement information in the declaration dossier through the National Single Window Portal:

a) The declarant amends and supplements information in the declaration form through the National Single Window Portal;

b) The processing authority receives the amended and supplemented information to implement the electronic procedure for imported aircrafts;

c) The declarant's amendment and supplementation of information when handling imported aircrafts shall be carried out according to Clause 6, Article 62 of Government Decree No. 08/2015/ND-CP, which has been amended and supplemented in Clause 33, Article 1 of Government Decree No. 59/2018/ND-CP.

Article 30. Procedures for declaration, provision, and processing of information for outbound aircraft

1. The declarant shall submit the dossier in electronic data form to handle procedures for outbound aircraft in accordance with Clause 2 of Article 61 of Decree No. 08/2015/NĐ-CP which has been amended and supplemented by Clause 32 of Article 1 of Decree No. 59/2018/NĐ-CP.

The deadline for submitting the dossier in electronic form and the information indicators of the declaration documents under this clause shall be implemented in accordance with Clause 2 and Clause 5 of Article 62 of Decree No. 08/2015/NĐ-CP which has been amended and supplemented by Clause 33 of Article 1 of Decree No. 59/2018/NĐ-CP.

2. In cases where specialized laws require the submission and presentation of paper documents, the submission and presentation of paper documents shall be carried out in accordance with the provisions of specialized laws.

3. The National Single Window Portal automatically responds to confirm receipt of the documents mentioned in Clause 1 of this Article.

4. The agency handling at the airport shall be responsible for receiving, processing, and confirming the completion of procedures for outbound aircraft through the National Single Window Portal for the declarant and related parties within no more than one hour from the time the declarant submits and presents the complete dossier as prescribed.

5. The Civil Aviation Authority shall receive information related to the flight through the National Single Window Portal to support specialized management and provide feedback on passenger information included in the list prohibiting air transport (if any).

6. Exit and Entry Control Units shall receive information on flights, passenger lists, crew lists, and employee lists on board the aircraft, and passenger booking information (PNR) through the National Single Window Portal to handle according to specialized laws.

7. The customs authority shall receive the documents specified in Clause 1 of this Article and confirm the completion of customs procedures for outbound aircraft through the National Single Window Portal.

8. Border health quarantine organizations, animal quarantine agencies, plant quarantine agencies shall receive flight-related information through the National Single Window Portal to support specialized management in the fields of health quarantine, animal quarantine, and plant quarantine.

9. Amend and supplement information in the declaration dossier through the National Single Window Portal:

a) The declarant amends and supplements information in the declaration form through the National Single Window Portal;

b) The handling agency shall receive information for declaration amendment and supplementation to implement electronic procedures for outbound aircraft;

c) The declarant's amendment and supplementation of information when handling procedures for outbound aircraft shall be carried out in accordance with Clause 6 of Article 62 of Decree No. 08/2015/NĐ-CP which has been amended and supplemented by Clause 33 of Article 1 of Decree No. 59/2018/NĐ-CP.

Article 31. Declaration, Provision, and Processing of Information to Implement Procedures for Transit Aircraft

When the aircraft arrives, the declaration, provision, and processing of information shall be carried out in accordance with Article 29 of this Decree. When the aircraft departs, if there is a change in the information on the dossier compared to the arrival, it shall be carried out in accordance with Article 30 of this Decree.

Section 2

ADMINISTRATIVE PROCEDURES FOR INBOUND AND OUTBOUND SHIPS, TRANSIT, ARRIVAL AT AND DEPARTURE FROM SEAPORTS, INLAND WATERWAY PORTS, OFFSHORE OIL AND GAS PORTS, AND ACTIVITIES IN VIETNAMESE MARINE ZONES

Article 32. Exchange of Information to Implement Procedures for Inbound and Outbound Ships, Transit, Arrival at and Departure from Seaports, Inland Waterway Ports, Offshore Oil and Gas Ports, and Activities in Vietnamese Marine Zones

The exchange of information and implementation of procedures for inbound and outbound ships, transit, arrival at and departure from seaports, inland waterway ports, offshore oil and gas ports, and activities in Vietnamese marine zones shall be carried out through the National Single Window Portal.

Article 33. Dossiers, Declaration Deadlines, and Procedures for Inbound and Outbound Ships, Transit, Arrival at and Departure from Seaports, Inland Waterway Ports, Offshore Oil and Gas Ports, and Activities in Vietnamese Marine Zones

1. Dossier for Procedures

The dossiers that must be declared and presented to handle procedures for inbound and outbound ships, transit, arrival at and departure from seaports, inland waterway ports, and offshore oil and gas ports shall be implemented in accordance with Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code regarding maritime activity management, Decree No. 59/2018/NĐ-CP dated April 20, 2018 of the Government amending and supplementing certain provisions of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and implementing measures of the Customs Law regarding customs procedures, inspection, supervision, and customs control, Decree No. 77/2017/NĐ-CP dated July 3, 2017 of the Government on management and protection of security and public order at port gateways, and Decree No. 89/2018/NĐ-CP dated June 25, 2018 of the Government detailing implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases regarding border health quarantine.

2. Declaration Deadline for Dossiers

The declarant shall notify the ship's arrival at the port, departure from the port, and transit in accordance with Article 87 of Decree No. 58/2017/NĐ-CP; report the ship's arrival at the port in accordance with Article 88 of Decree No. 58/2017/NĐ-CP. For other documents, the declaration deadlines are as follows:

a) For inbound ships

- General declaration, cargo declaration, master bill of lading, house bill of lading: For ships with a journey of less than five days, no later than twelve hours before the ship is expected to dock; for other journeys, no later than twenty-four hours before the ship is expected to dock;

- Crew list, passenger list, ship's stores declaration, crew baggage declaration, employee baggage declaration on board the ship, dangerous goods declaration: No later than eight hours before the ship is expected to dock;

- Maritime health declaration: No later than two hours before the ship enters the pilotage area;

- Weapons and explosives declaration, stowaway declaration: No later than four hours before the ship is expected to dock;

- Other documents: No later than two hours after the ship has moored at the wharf or four hours after the ship has moored at other locations within the port waters. For offshore oil and gas ports: No later than twenty-four hours after returning to shore.

b) For outbound ships:

Crew list, passenger list, weapons and explosives declaration, stowaway declaration: No later than two hours before the ship is expected to depart from the port. Other documents: No later than one hour before the ship is expected to depart from the port.

For passenger-carrying ships and regular route ships, these should be completed immediately before the ship is expected to depart from the port.

c) For transit ships: Upon arrival, follow the provisions of point a of this clause. Upon departure, if there are changes in the documents compared to arrival, follow the provisions of point b of this clause.

3. Administrative procedures for Vietnamese and Cambodian inland waterway vessels entering and exiting Vietnamese inland waterway ports shall be carried out in accordance with the regulations of the Prime Minister.

Article 34. Responsibilities of Processing Authorities

1. The processing authority shall be responsible for checking electronic submission documents or presented documents (paper copies) and handling procedures for vessels according to their functions and duties and as prescribed in Decree No. 58/2017/ND-CP, Decree No. 59/2018/ND-CP, and Decree No. 77/2017/ND-CP.

2. In cases where multiple state management authorities participate in processing and have differing opinions on the same declaration made by the declarant, the processing authority shall act as the lead agency and the final decision-making authority shall be determined as follows:

a) The maritime port inspection office or inland waterway port inspection office shall be primarily responsible and have the final decision-making authority regarding the General Declaration.

b) The customs authority shall be primarily responsible and have the final decision-making authority regarding the following documents: Goods Declaration, Dangerous Goods Declaration, Luggage Declaration, Ship's Stores Declaration.

c) The border guard checkpoint shall be primarily responsible and have the final decision-making authority regarding the following documents: Passenger List, Crew List, Stowaway Declaration, Weapons and Explosives Declaration.

d) The animal quarantine authority shall be primarily responsible and have the final decision-making authority regarding the Animal Quarantine Declaration.

đ) The plant quarantine authority shall be primarily responsible and have the final decision-making authority regarding the Plant Quarantine Declaration.

e) The health quarantine authority shall be primarily responsible and have the final decision-making authority regarding the following documents: Maritime Health Declaration, Sanitation Treatment Certificate for Ships/Proof of Sanitation Treatment for Ships, Medical Inspection/Cleaning of Cargo (on ships)/Ships, Health Declaration for Bodies, Remains, Ashes (if applicable), Health Declaration for Microbiological Samples, Biological Products, Human Tissue, Organs (if applicable).

3. Electronic Permitting

Within the latest one hour from when the person has completed the declaration and submitted all required documents as stipulated, the state management authorities shall process and resolve the procedures according to the specialized laws and notify the results to the maritime port inspection office or inland waterway port inspection office to complete the procedures for inbound, outbound, and transit vessels. The processing shall be carried out as follows:

a) The customs authority shall confirm the completion of customs procedures for inbound, outbound, and transit vessels through the National Single Window Portal. For inbound vessels carrying prohibited imports, temporarily suspended imports, or goods not meeting environmental protection regulations, the customs authority shall inform the captain, port business enterprise, and port inspection office not to unload the goods at the port unless there is permission from the competent authority.

b) The border guard checkpoint shall confirm the completion of procedures for passengers and crew members, and confirm the completion of security procedures for inbound, outbound, and transit vessels through the National Single Window Portal.

c) The animal quarantine authority shall confirm the time of completing the registration for animal quarantine procedures for goods subject to animal quarantine through the National Single Window Portal in accordance with the Law on Animal Health and other relevant laws.

đ) The plant quarantine authority shall confirm the time of completing the registration for plant quarantine procedures for goods listed in the plant quarantine list through the National Single Window Portal. The plant quarantine authority shall notify the declarant about the actual inspection time of the shipment as prescribed in the Law on Plant Protection and Quarantine.

e) The health quarantine authority shall confirm the time of completing the health quarantine registration procedures for vessels departing from or passing through epidemic areas or vessels carrying persons who have departed from or passed through epidemic areas or vessels currently having deceased persons, vessels carrying ashes, bodies, tissues, or organs of humans.

f) The maritime port inspection office or inland waterway port inspection office shall confirm the completion of procedures for inbound vessels or issue departure permits or transit permits through the National Single Window Portal.

4. Coordination in Receiving and Exchanging Information

a) Where a vessel is not allowed to enter or transit according to international treaties that the Socialist Republic of Vietnam is a member of or according to Vietnamese law, the processing authority must notify the reasons through the National Single Window Portal to the relevant parties for coordinated handling.

b) If beyond the deadline specified in Clause 3 of this Article, the related processing authority does not respond with the processing result, the port inspection office shall decide on the contents specified in Point e of Clause 3 of this Article.

c) Where inaccurate or incomplete, invalid information is discovered, the processing authority shall guide the declarant to amend and supplement the information and notify the relevant authorities through the National Single Window Portal.

d) Where one authority rejects an electronic file but continues to process it outside the system based on paper files, the rejecting authority must clearly record the rejection reason on the system and provide feedback on the results to the relevant parties through the National Single Window Portal. Other processing authorities may continue to process the file within the system or switch to processing paper files.

Section 3

IMPLEMENTATION OF ADMINISTRATIVE PROCEDURES FOR RAILWAY AND ROAD TRANSPORT MEANS

Article 35. Exchange of Information for Procedures Related to Rail and Road Transport Vehicles

The procedures and exchange of information for rail and road transport vehicles exiting, entering, or transiting through border gates shall be conducted through the National Single Window Portal.

Article 36. Administrative Procedures

Administrative procedures for rail and road transport vehicles exiting, entering, or transiting under the national single window mechanism shall be carried out in accordance with the regulations of the Prime Minister.

Chapter V

IMPLEMENTATION OF INTERNATIONAL AGREEMENTS ON INFORMATION AND ELECTRONIC DOCUMENT EXCHANGE FOR ADMINISTRATIVE PROCEDURES UNDER THE NATIONAL SINGLE WINDOW MECHANISM

Article 37. Implementation of International Agreements on Information and Electronic Document Exchange

1. The National Single Window Portal serves as the central point for receiving and exchanging electronic information and documents between state agencies of the Socialist Republic of Vietnam and organizations from countries and territories that have signed international agreements on information and electronic document exchange with the Socialist Republic of Vietnam.

2. The content of exchanges and technical standards shall be implemented according to the terms of the international agreements and treaties to which the Socialist Republic of Vietnam is a party.

Article 38. Legal Value of Information and Electronic Documents Exchanged Under International Agreements on Information and Electronic Document Exchange

Information and electronic documents exchanged between state agencies of the Socialist Republic of Vietnam and organizations from countries and territories that have signed international agreements and treaties on information and electronic document exchange with the Socialist Republic of Vietnam through the Vietnamese National Single Window Portal shall have the same legal value as paper documents when the following conditions are met:

1. They fully comply with the conditions stipulated in the international agreements and treaties on information and electronic document exchange to which the Socialist Republic of Vietnam is a signatory or participant.

2. They are recognized as having the same legal value as paper documents under the international agreements and treaties on information and electronic document exchange to which the Socialist Republic of Vietnam is a signatory or participant.

3. They fully meet the conditions specified in Clause 3, Article 14 of this Decree.

Article 39. Implementation of the ASEAN Single Window Mechanism

1. The exchange, use, and sharing of electronic information and documents through the National Single Window Portal for the implementation of the ASEAN Single Window Mechanism must conform to the agreements to which the Socialist Republic of Vietnam has signed or joined as a member in implementing the ASEAN Single Window Mechanism.

2. Information and data exchanged and shared by the National Single Window Portal of one member country to the National Single Window Portal of another member country through the ASEAN Single Window environment shall be used and stored in accordance with the provisions of the agreements to which the Socialist Republic of Vietnam has signed or joined as a member in implementing the ASEAN Single Window Mechanism.

3. Electronic information and documents transmitted and exchanged through the ASEAN Single Window Mechanism shall be utilized by customs authorities for clearance of exported, imported, and transiting goods, and for the exchange and sharing of information with relevant ministries and sectors.

Article 40. Responsibilities of sectoral ministries and agencies in exchanging information to implement international agreements and treaties on information and electronic documents exchange

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

a) Building and implementing a National Single Window Portal to implement the ASEAN Single Window mechanism and exchange information with countries and territories that have signed agreements and treaties on information and electronic document exchange with the Socialist Republic of Vietnam;

b) Proposing mutual recognition of information and electronic documents exchanged with countries and territories to simplify document and procedure formalities, thereby reducing clearance time and releasing imported, exported, and transiting goods; and facilitating entry, exit, and transit of persons and means of transport.

2. The Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, the Ministry of Health, the Ministry of Transport, the Ministry of Finance, and relevant ministries and sectors shall cooperate with each other in exchanging electronic origin documents, electronic quarantine certificates, transportation documents, and other related commercial documents with ASEAN member countries and other countries and territories through the National Single Window Portal.

Chapter VI

IMPLEMENTING PROVISIONS

Article 41. Effective Date

1. This Decree shall take effect from January 1, 2020.

2. The following regulations are abolished:

a) Decision No. 43/2017/QD-TTg dated September 26, 2017 of the Government stipulating responsibilities for procedures for aircraft exiting, entering, and transiting through the National Single Window mechanism;

b) Articles 4, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23; provisions related to vessel entry, exit, and port departure and arrival procedures under Articles 5, 6, 7, and 10 of Decision No. 34/2016/QD-TTg dated August 23, 2016 of the Government regarding electronic procedures for vessels entering and departing from seaports, inland waterway ports, and offshore oil and gas ports through the National Single Window mechanism;

c) Article 8 of Decree No. 27/2011/NĐ-CP dated April 9, 2011 of the Government on providing, accessing, processing, and using passenger information before entering Vietnam via air routes;

d) Point l, Clause 7, Article 7 of Decree No. 132/2008/NĐ-CP amended and supplemented by Clause 3, Article 1 of Decree No. 74/2018/NĐ-CP;

e) The phrase "personal items carried by incoming travelers for personal use or travel purposes, sent before or after their trip" in Clause 2, Article 13 of Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing certain provisions of the Food Safety Law;

f) Provisions on specialized inspection set out in Clauses 5 and 6, Article 60 of Decree No. 08/2015/NĐ-CP amended and supplemented by Clause 31, Article 1 of Decree No. 59/2018/NĐ-CP.

Article 42. Transitional Provisions

Exported and imported goods meeting the requirements specified in point a and point c, Clause 4, Article 21 of this Decree, which do not yet have technical standards but have inspection criteria and methods, may continue to be included in the list of specialized inspections according to the regulations of specialized laws until June 30, 2020.

Article 43. Implementation Responsibilities

1. The Ministry of Finance and sectoral management ministries and agencies shall guide and organize the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.

ANNEX

(Attached to Decree No. 85/2019/NĐ-CP dated November 14, 2019 of the Government)

Form No. 01

INFORMATION REGISTRATION CRITERIA FOR DECLARANTS WHO ALREADY HAVE ACCOUNTS IN SPECIALIZED SYSTEMS

Form No. 02

INFORMATION REGISTRATION CRITERIA FOR NEW ACCOUNT DECLARANTS