Joint Circular No. 89/2016/TTLT-BTC-BCT guiding the implementation of the National Single Window Mechanism

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE NATIONAL SINGLE WINDOW MECHANISM

On the basis of Law on Customs No. 54/2014/QH13 dated June 23, 2014;

On the basis of Law on Electronic Transactions No. 51/2005/QH11 November 29, 2005;

Decree No. Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation Law on Electronic Transactions regarding digital signatures and digital signature certification services;

Decree No. Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain Articles of Decree No. Decree No. 26/2007/NĐ-CP of the Government dated February 15, 2007 detailing the implementation Law on Electronic Transactions regarding digital signatures and digital signature certification services;

Decree No. Decree No. 170/2013/NĐ-CP dated November 13, 2013 amending and supplementing certain Articles of Decree No. Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation Law on Electronic Transactions on digital signatures and digital signature certification services and Decree No. Decree No. 106/2011/NĐ-CP dated November 23, 2011 of the Government amending and supplementing certain Articles of Decree No. Decree No. 26/2007/NĐ-CP dated February 15, 2007;

Decree No. Decree No. 36/2012/NĐ-CP dated April 18, 2012 stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

Pursuant to the Government Decree 95/2012/NĐ-CP November 12, 2012 Government Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation Law on Commerce The Minister of Finance issues this Circular to regulate the level of collection, collection system, payment, management, and use of fees for reviewing the content of cultural products for export and import.

Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and implementing measures for the Law on Customs regarding customs procedures, inspection, supervision, and control;

The Minister of Finance and the Minister of Industry and Trade issue this Joint Circular to guide the implementation of the National Single Window Mechanism.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular guides the implementation of the National Single Window Mechanism as prescribed in Law on Customs No. 54/2014/QH13 dated June 23, 2014 and Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and implementing the Law on Customs regarding customs procedures, inspection, supervision, and control for the following contents:

1. Regulations on the List of administrative procedures applying the National Single Window Mechanism (hereinafter referred to as single window administrative procedures) including:

a) Single window administrative procedures of the Ministry of Finance as stipulated in Appendix I of this Joint Circular;

b) Single window administrative procedures of the Ministry of Industry and Trade as stipulated in Appendix II of this Joint Circular.

2. Regulations on the process of declaration and receipt of electronic declaration information; electronic documents used to implement the single window administrative procedures as specified in Clause 1 of Article 1 of this Joint Circular.

3. Regulations on coordination mechanisms and information exchange to implement the single window administrative procedures as specified in Clause 1 of Article 1 of this Joint Circular between the Ministry of Finance and the Ministry of Industry and Trade.

4. Regulations on the National Single Window Portal.

5. Other issues related to the single window administrative procedures as specified in Clause 1 of Article 1 of this Joint Circular shall be implemented according to current regulations.

Article 2. Applicability

1. Agencies and units under the Ministry of Finance and the Ministry of Industry and Trade with the function of processing and issuing permits for the single window administrative procedures as stipulated in Clause 1 of Article 1 of this Joint Circular.

2. Organizations and individuals engaged in export, import, and transit of goods; organizations and individuals with rights and obligations related to export, import, and transit of goods may choose to implement the 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. Single window administrative documentis information created, sent, received, and stored electronically to implement single window administrative procedures on the National Single Window Portal.

2. Single window administrative procedure processing agencyis an agency or unit under the Ministry of Finance and the Ministry of Industry and Trade with the function of processing and issuing permits for the administrative procedures as stipulated in Clause 1 of Article 1 of this Joint Circular (hereinafter referred to as the processing agency).

3. Declarantis an organization or individual implementing the single window administrative procedures as stipulated in Clause 1 of Article 1 of this Joint Circular.

4. System useris the subjects as stipulated in Clause 1 of Article 11 of this Joint Circular permitted to access the National Single Window Portal.

5. Confidential informationis information created and determined by system users to be "confidential" in accordance with laws on state secrets protection, Law on Commerce, and other relevant laws and regulations.

6. National Single Window Portalas stipulated in Clause 1 of Article 7 of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government is an integrated information system comprising the customs clearance system of the customs authority and the information system of the Ministry of Industry and Trade (hereinafter referred to as specialized processing systems).

7. National Single Window Portal management unitis 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 the information, provide feedback on the status of receipt/processing, and return the processing results to the National Single Window Portal;

d) The National Single Window Portal provides feedback on the status of receipt/processing and returns the processing results to the declarant and relevant specialized processing systems.

2. Decision-making on the National Single Window Mechanism shall be carried out as follows:

a) Agencies and units under the Ministry of Industry and Trade, according to their assigned functions and tasks, shall implement licensing and certification procedures for administrative single window procedures as stipulated in Point b Clause 1 Article 1 of this Joint Circular for export, import goods of organizations and individuals, and send licenses, certificates, or other processing results to customs authorities and declarants through the National Single Window Portal;

b) Customs authorities make final decisions on the clearance of export, import, and transit goods based on licenses and processing results from processing agencies transferred to the customs clearance system through the National Single Window Portal.

Article 5. Electronic transactions on the National Single Window Mechanism

Electronic transactions on the National Single Window Mechanism include:

1. Filing and receiving feedback on information about the processing of applications to perform administrative single window procedures on 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 single window documents

1. Electronic documents include:

a) Declarations in various forms such as declarations, registration forms, registrations, confirmation of registrations, or other types to perform administrative procedures listed in the Catalogue of Administrative Single Window Procedures;

b) Processing results of processing agencies in various forms such as clearance decisions, cargo release orders, or storage orders, licenses, certificates, confirmations, or other processing results corresponding to administrative procedures listed in Appendix III attached to this Joint Circular.

2. Legal validity of electronic documents:

a) Electronic documents have the same legal value as paper documents they represent;

b) Electronic documents must be created in accordance with the criteria and format models set by Ministries for administrative single window procedures specified in Appendices I and II of this Joint Circular;

c) The sending, receiving, storing, and legal validity of electronic documents shall be implemented in accordance with the provisions of the Law on Electronic Transactions and other relevant laws;

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

e) Electronic documents must bear the digital signature of authorized persons as required by specialized laws for administrative single window procedures (in cases where declarants register to use digital signatures);

3. The form, content, submission method, and presentation of other documents in the application file for performing administrative single window procedures shall comply with current specialized laws governing those administrative procedures.

Article 7. Conversion from paper documents to electronic documents and vice versa

1. Electronic documents declared or presented to state management agencies under the National Single Window Mechanism may be converted from paper documents if they meet the following Conditions:

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 may be converted from electronic documents issued through the National Single Window Portal if they meet the following Conditions:

a) Fully reflect the content of the electronic document;

b) The paper document converted from an electronic document printed out from the National Single Window Portal must have recognizable features. 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. The declarant must retain both electronic and paper documents in accordance with regulations.

Article 8. Registration of User Accounts for the National Single Window Portal System

1. The declarant shall register a user account on the National Single Window Portal as follows:

a) The declarant accesses the National Single Window Portal at the website https://vnsw.gov.vn and registers user information on the National Single Window Portal according to the information provided in Appendix IV attached to this Circular. Within one working day from the date of receiving the declarant's registration information on the National Single Window Portal, the National Single Window Portal Management Unit shall check and verify the declarant's information. In case of non-approval of the application or incomplete application, the National Single Window Portal Management Unit shall notify the declarant via email (specifying the reasons). If the application is complete and meets all conditions, the National Single Window Portal Management Unit shall notify acceptance of the application, the username, and the initial password via the registered email address;

b) After issuing a new user account, the National Single Window Portal shall send the new user account information to corresponding specialized processing systems.

3. In cases where users are officials or civil servants of ministries or units under the Ministry of Finance or the Ministry of Industry and Trade, the issuance of user accounts on the National Single Window Portal shall be carried out as follows:

a) Ministries compile lists of new user accounts required on the National Single Window Portal, specifying full names, positions, workplaces, and usage rights of functions managed by the ministry on the National Single Window Portal according to a template provided by the National Single Window Portal Management Unit on the National Single Window Portal and submit a notification letter to the National Single Window Portal Management Unit;

b) Within five working days, the National Single Window Portal Management Unit, based on technical requirements to ensure system security and safety, reviews the number of accounts requested by the ministries, issues user accounts to the ministries, and notifies them in writing about usernames and default passwords. If the number of newly issued accounts is less than the number requested by the ministries, the National Single Window Portal Management Unit must specify the reasons in the notification letter sent to the ministries.

Chapter II

PROVISIONS ON THE NATIONAL SINGLE WINDOW PORTAL

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

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

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

Article 10. Functions of the National Single Window Portal

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

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

3. Receiving notifications from processing agencies.

4. Returning electronic documents to the declarant.

5. Exchanging processing results between processing agencies.

6. Storing the status of electronic transactions conducted on the National Single Window Portal, storing 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 to access 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 the Ministry of Industry and Trade as stipulated in Clause 1, Article 2 of this Joint Circular;

c) State management agencies not specified in Point b of this Clause accessing information from the National Single Window Portal as stipulated in Clause 2, Article 27 of this Joint Circular.

2. Levels and authority of access:

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

b) Entities as stipulated in Point b, Clause 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, and other processing results from relevant agencies;

c) Entities as stipulated in Point c, Clause 1 of this Article shall comply with the provisions of Clause 2, Article 27 of this Joint Circular.

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

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

1. The digital signature used by the declarant to implement single window administrative procedures is a public digital signature issued to organizations, registered with the National Single Window Portal Management Unit and compatible with the National Single Window Portal.

2. The use of digital signatures and the legal value of digital signatures shall be implemented in accordance with the provisions of Articles 8 and 12 of Decree No. 26/2007/NĐ-CP dated February 15, 2007 of the Government detailing the implementation of the Law on Electronic Transactions regarding digital signatures and digital signature certification services.

3. Before using a digital signature to implement single window administrative procedures, the system user must register the digital signature with the National Single Window Portal Management Unit. Registration contents include:

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) Digital signature identification number (Serial Number);

d) Validity period of the digital signature.

4. The declarant must re-register with the National Single Window Portal Management Unit the information specified in Clause 3 of this Article in the following cases: changes in registered information, extension of the digital certificate, change of key pair, temporary suspension of the digital certificate. The re-registration of the information specified in Clause 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 Portal Management Unit

1. Managing technical operations, operating, maintaining, and upgrading hardware systems, network systems, security systems serving the operation of the National Single Window Portal, connecting with specialized processing systems, and connecting with system users (through the National Single Window Portal published on the Internet).

2. Managing, operating, maintaining, and upgrading the National Single Window Portal to meet the requirements of all parties involved.

3. Managing and issuing accounts for system users of the National Single Window Portal.

4. Ensuring conditions for the National Single Window Portal to continuously connect with specialized processing systems.

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. Advising and providing technical support to specialized processing systems and declarants when requested.

Article 14. Responsibilities of the Ministry of Industry and Trade

1. Managing technical operations, operating, maintaining, and upgrading specialized processing systems.

2. Ensuring conditions for specialized processing systems to continuously connect with the National Single Window Portal.

3. Synchronizing declarant information from specialized processing systems to implement single window administrative procedures.

4. Taking the lead in building, managing, and operating information technology systems within their jurisdiction.

5. In case of incidents with specialized processing systems, notifying the National Single Window Portal Management Unit about the implementation plan for procedures and time to resolve incidents.

6. Notifying the email address of the Ministry, the name of the unit receiving information, and phone number to the National Single Window Portal Management Unit to receive information and notifications in case of incidents or other necessary situations. Managing the email inbox to receive incident information and propose timely solutions.

Article 15. Ensuring Information and Data Security

1. The national single window management unit shall be responsible for ensuring the security of transmitted information and data on the national single window. Data storage and backup shall be carried out in the systems of specialized agencies and units. Ministries connected to the national single window shall be responsible for applying measures to ensure information security sent to the national single window.

2. The Ministry of Finance shall be responsible for applying necessary technical and professional measures to secure the national single window, ensuring accurate, timely, and effective sharing of information with agencies, organizations, units, and individuals as stipulated in this Circular.

3. Users shall be responsible for the accuracy and completeness of the information and data provided to the national single window in accordance with the regulations of specialized laws applicable to such 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 shall immediately notify the declarant and relevant managing agencies through appropriate means and email at the address registered with the national single window management unit as prescribed in Clause 6, Article 14 of this Circular.

2. Based on the notification from the national single window management unit as stipulated in Clause 1 of this Article, processing agencies shall guide the declarant in writing or via email at the address registered in the declarant's information to complete the ongoing administrative 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, ACCEPTANCE, 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. The declarant as defined in Clause 3, Article 3 of this Circular includes:

a) Customs declarant;

b) Organizations and individuals engaged in export, import, transit of goods; organizations and individuals with rights and obligations related to export, import, and transit of goods are the subjects implementing the administrative procedures specified in Appendix I and Appendix II of this Joint Circular.

2. The declarant has the following rights:

a) To receive support from the national single window management unit and processing agencies in training users on the system, providing necessary information for accessing, declaring information, and using facilities on the national single window;

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

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

3. The declarant has the following obligations:

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

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

c) To 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) To retain electronic documents belonging to the administrative file (including copies) in accordance with laws on electronic transactions and specialized regulatory documents; provide relevant electronic documents concerning exported, imported, transited goods, outbound, inbound, transited transport vehicles to processing agencies for inspection and audit purposes;

e) To meet conditions and technical requirements stipulated by specialized laws to implement single window administrative procedures.

Article 18. Declaration and Amendment of Declaration Information

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) Creating declaration information according to the criteria and format of the forms of the Ministry of Industry and Trade; in accordance with data standards guided by the National Single Window Management Unit and sent to the National Single Window Portal; or

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 Portal receives electronic declaration information 24 hours a day and 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. To provide feedback on the status of receipt/processing of declaration information to the declarant and relevant agencies involved in the implementation of the procedure through the National Single Window Portal.

3. To deliver the processing results to the declarant and relevant agencies involved in the implementation of the procedure through the National Single Window Portal.

4. The processing time and information feedback period of the processing agency shall comply with the current legal provisions for administrative procedures at Clause 1, Article 1 of this Joint Circular.

Article 21. Information Exchange Process between the Ministry of Industry and Trade and the National Single Window Portal

1. The National Single Window Portal receives declaration information in accordance with Appendix III of this Joint Circular to transfer to the corresponding system of the Ministry of Industry and Trade.

2. The processing agency checks the completeness and validity of the file, provides feedback on acceptance/non-acceptance/requests for amendment and supplementation to the National Single Window Portal.

3. The processing agency implements the resolution of the administrative file and sends the results of the administrative procedure resolution to the National Single Window Portal.

4. The National Single Window Portal receives the processing results from specialized processing systems, delivers the processing results to the declarant and related specialized processing systems.

5. The National Single Window Portal receives processing results related to permits or processing results and transfers them to the corresponding system of the Ministry of Industry and Trade.

Article 22. Information Exchange Process between the Ministry of Finance and the National Single Window Portal

1. The National Single Window Portal receives the documents specified in Appendix III to implement the procedures stipulated in Appendix I of this Joint Circular and other processing results for the single administrative procedure from specialized processing systems, and forwards them to the customs processing system.

2. The customs agency processes the customs file of the declarant based on the declaration information, permits, and other processing results for the single administrative procedure submitted by the declarant and specialized processing systems, and delivers the processing results to the National Single Window Portal.

3. The National Single Window Portal provides feedback on the customs agency's processing results to the declarant immediately upon receiving the processing results from the customs agency.

4. The National Single Window Portal provides feedback on the customs declaration and the customs agency's processing results to related specialized management agencies.

Chapter IV

MECHANISM FOR COOPERATION AND INFORMATION EXCHANGE TO IMPLEMENT

SINGLE ADMINISTRATIVE PROCEDURES

Article 23. 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 receiving party.

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

4. Parties exchanging, providing, managing, and using information must comply with the legal regulations on protecting state secrets and confidentiality rules specific to the management sectors of Ministries and agencies.

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

6. Agencies and units designated as focal points for exchanging and providing information for each party as stipulated in Article 28 of this Joint Circular must allocate personnel and means to ensure smooth and timely information exchange among parties.

Article 24. Content of Information Provision

1. Customs authorities shall provide the National Single Window Portal with the following information:

a) Customs declaration, Decision to release goods or permit storage of goods;

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

c) Information related to goods that have been released or cleared upon request of licensing authorities.

2. The Ministry of Industry and Trade shall provide the National Single Window Portal with the following information: Licenses, results of other processing regarding single window administrative procedures as specified in Appendix II of this Joint Circular.

Article 25. Forms of Exchange and Provision of Information

The exchange and provision of information shall be conducted through online single window administrative documents in accordance with relevant legal regulations. The unit managing the National Single Window Portal is responsible for receiving and processing information provided by Ministries to implement single window administrative procedures.

Article 26. Statistics and Implementation of Information Exchange and Provision

1. In cases where the Ministry of Finance and the Ministry of Industry and Trade use specialized management systems to connect with the National Single Window Portal, statistics and reporting of information related to administrative procedures as stipulated in Article 1 of this Joint Circular will be carried out within the specialized management systems of each Ministry.

2. In cases where the Ministry of Finance and the Ministry of Industry and Trade have not yet used specialized management systems to connect with the National Single Window Portal, the unit managing the National Single Window Portal has the responsibility to provide statistical and reporting information related to administrative procedures as stipulated in Article 1 of this Joint Circular to the focal points as specified in Article 28 of this Joint Circular according to the requirements of the Ministry of Finance and the Ministry of Industry and Trade.

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

Article 27. Management and Use of Information

1. The Ministry of Finance shall provide the Ministry of Industry and Trade with access codes and passwords to exploit information from the National Single Window Portal. The agencies responsible for safeguarding the provided codes and passwords must ensure their confidentiality.

2. In addition to the agency issuing this Circular, the Ministry of Finance shall be responsible for sharing information with other agencies and authorized persons to use and exploit information from the National Single Window Portal. If the Ministry of Finance uses information related to the management scope of the Ministry of Industry and Trade on the National Single Window Portal to send to authorized agencies, it must obtain prior approval from that unit before officially providing such information to authorized agencies and persons. The provision of information must comply with the legal regulations concerning the protection of state secrets and business secrets of enterprises.

Article 28. Lead Units for Providing and Exchanging Information

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

2. The lead units specified in Clause 1 of this Article shall be responsible for specifically assigning leaders and functional departments to perform tasks related to exchanging, providing, and managing information, registering email addresses, fax numbers, telephone numbers, and addresses with the National Single Window Portal Management Unit for coordination purposes.

Chapter V

IMPLEMENTATION

Article 29. Responsibilities of Parties

The Ministry of Finance and the Ministry of Industry and Trade 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 smooth and timely completion of administrative procedures within the stipulated deadlines.

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

Article 30. Effective Date

1. This Circular takes effect from August 20, 2016.

2. Any issues or difficulties arising during implementation must be promptly reported to the relevant ministries for resolution.

3. In cases where the List of Administrative Procedures prescribed in Appendix I and Appendix II of this Joint Circular needs to be amended or supplemented, the respective ministries shall issue the amended or supplemented list within their authority.

4. This Joint Circular replaces the relevant provisions regarding the implementation of the National Single Window Mechanism for the Ministry of Industry and Trade as stipulated in Joint Circular No. 84/2013/TTLT-BTC-BCT-BGTVT dated June 25, 2013, issued by the Ministry of Finance, the Ministry of Industry and Trade, and the Ministry of Transport guiding the implementation of Decision No. 48/2011/QĐ-TTg dated August 31, 2011, of the Prime Minister on Pilot Implementation of the National Customs Single Window Mechanism.

Place of Receipt:

• Prime Minister, Deputy Prime Ministers;

• Ministries, agencies equivalent to ministries, government agencies;

• Office of the General Secretary;

• National Assembly Office;

• President's Office;

• The Government Office;

• Central Steering Committee Office for Anti-Corruption;

• Supreme People's Procuracy;

• Central Agencies of Mass Organizations;

• State Audit Agency;

• Minister and Deputy Ministers of the Ministry of Finance;

• Minister and Deputy Ministers of the Ministry of Industry and Trade;

• Ministry of Industry and Trade;

• People's Committees of provinces and centrally-administered cities;

• Vietnam Chamber of Commerce and Industry;

• Ministry of Finance Electronic Portal;

• Websites: Government, Ministry of Finance, Ministry of Industry and Trade, General Department of Customs;

• To be filed: VT, Ministry of Finance (General Department of Customs), Ministry of Industry and Trade (Export-Import Department)(232b).

ANNEX I

LIST OF ADMINISTRATIVE PROCEDURES OF THE MINISTRY OF FINANCE APPLIED TO THE NATIONAL SINGLE WINDOW MECHANISM
(Issued together with Joint Circular No. 89/2016/TTLT-BTC-BCT dated June 23, 2016, guiding the implementation of the National Single Window Mechanism by the Ministry of Finance and the Ministry of Industry and Trade)

1. Customs procedures for independently transported goods.

2. Customs procedures for combined transported goods.

3. Customs procedures for exported and imported goods under export and import rights and distribution rights of export processing enterprises.

4. Customs procedures for exported and imported goods of foreign traders exercising export and import rights and foreign-invested enterprises.

5. Customs procedures for movable assets.

6. Customs procedures for imported goods from abroad for construction of factories, offices, and installation of equipment for export processing enterprises.

7. Customs procedures for transactions between export processing enterprises and domestic enterprises.

8. Customs procedures for transactions between two export processing enterprises.

9. Customs procedures for scrap and waste products of export processing enterprises permitted to sell in the domestic market.

10. Customs procedures for temporary import permits for automobiles and motorcycles of individuals entitled to preferential treatment or exemption in Vietnam.

11. Customs procedures for the destruction of automobiles and motorcycles of individuals entitled to preferential treatment or exemption in Vietnam.

12. Customs procedures for the transfer of automobiles and motorcycles of individuals entitled to preferential treatment or exemption in Vietnam.

13. Customs procedures for issuing transfer permits for automobiles and motorcycles of individuals entitled to preferential treatment or exemption in Vietnam.

14. Customs procedures for import permits for automobiles and motorcycles of overseas Vietnamese allowed to return home.

15. Customs procedures for imported mail, packages, and consignments sent through postal services.

16. Customs procedures for exported mail, packages, and consignments sent through postal services.

17. Customs procedures for goods traded through transshipment.

18. Customs procedures for exported goods.

19. Customs procedures for imported goods.

20. Customs procedures for temporarily imported goods for re-export.

21. Customs procedures for goods that have been exported but returned.

22. Customs procedures for goods that have been imported but need to be returned to foreign customers, re-exported to third countries, or re-imported into duty-free zones.

23. Customs procedures for goods brought into bonded warehouses from abroad.

24. Customs procedures for goods moved from duty-free zones or domestic areas into bonded warehouses.

25. Customs procedures for goods taken out of bonded warehouses to foreign destinations.

26. Customs procedures for goods moved from bonded warehouses into domestic areas or imported into duty-free zones.

27. Customs procedures for importing rough diamonds.

28. Customs procedures for exporting rough diamonds.

29. Customs procedures for goods entering and leaving transit ports.

30. Customs procedures for importing raw materials and components for export production.

31. Customs procedures for exporting products made from imported raw materials.

32. Customs procedures for products produced from imported raw materials sold to other enterprises for direct export.

33. Customs procedures for goods imported via express delivery services on land routes.

34. Customs procedures for goods exported via express delivery services on land routes.

35. Customs procedures for importing raw materials and supplies to fulfill processing contracts for foreign traders.

36. Customs procedures for exporting processed products to foreign traders.

37. Customs procedures for importing products manufactured under contract abroad.

38. Customs procedures for exporting raw materials and supplies for processing abroad.

39. Customs procedures for raw materials and supplies provided by the party receiving processing contracts.

40. Customs procedures for goods imported and exported declared on a single customs declaration form.

41. Customs procedures for goods imported and exported at the place of entry.

42. Customs procedures for goods imported to create fixed assets for investment projects.

43. Customs procedures for goods entering and leaving free trade zones and non-tariff areas.

44. Customs procedures for goods entering and leaving bonded warehouses.

45. Customs procedures for temporarily imported goods for re-export, and temporarily exported goods for re-import for exhibitions, fairs, and product presentations.

46. Customs procedures for temporarily importing and exporting means of transport carrying goods through round-trip operations.

47. Customs procedures for importing vehicles upon entry (temporary import).

48. Customs procedures for exporting vehicles upon exit (re-export).

49. Customs procedures for transferring processed products in transit.

50. Customs procedures for returning raw materials, supplies, machinery, and equipment temporarily imported for processing to foreign traders during the execution of processing contracts.

51. Customs procedures for temporarily exporting processed products to be recycled abroad and then re-imported back to Vietnam.

52. Customs procedures for temporarily importing equipment, machinery, construction tools, molds, and samples for re-export or re-import for production, construction projects, testing.

53. Customs procedures for temporarily importing spare parts, accessories, and items for repair and replacement of foreign ships and aircraft.

54. Customs procedures for goods sold at duty-free shops but transferred for re-export.

55. Customs procedures for goods sold at duty-free shops but moved to the domestic market.

56. Customs procedures for goods imported and paid taxes on, and domestically produced goods put up for sale at duty-free shops.

57. Customs procedures for goods imported and sold at duty-free shops.

58. Customs procedures for temporarily importing and exporting gasoline and diesel fuel.

59. Customs procedures for re-exporting aviation fuel.

60. Customs procedures for importing and temporarily importing gasoline and diesel fuel.

61. Customs procedures for exporting and re-exporting gasoline and diesel fuel.

62. Customs procedures for importing raw materials for the production and refining of gasoline and diesel fuel.

63. Customs procedures for goods imported and exported, and lost or misdirected checked baggage of incoming and outgoing passengers.

64. Customs procedures for importing two-wheeled motorcycles not for commercial purposes.

65. Customs procedures for importing used cars and motorcycles according to the asset transfer regulations of overseas Vietnamese who have completed permanent residence registration in Vietnam.

66. Customs procedures for re-exporting vehicles of individuals entitled to privileges and immunities in Vietnam.

67. Customs procedures for temporarily importing vehicles of individuals entitled to privileges and immunities in Vietnam.

68. Customs procedures for liquefied petroleum gas (LPG) and natural gas raw materials imported and temporarily imported.

69. Customs procedures for liquefied petroleum gas (LPG) and natural gas raw materials exported and re-exported.

70. Customs procedures for liquefied petroleum gas (LPG) and natural gas raw materials temporarily imported for domestic consumption.

71. Customs procedures for liquefied petroleum gas (LPG) and natural gas raw materials exported and imported through dedicated pipelines or offshore wells.

72. Customs procedures for liquefied petroleum gas (LPG) and natural gas raw materials in transit.

73. Customs procedures for importing raw materials for producing and blending liquefied petroleum gas (LPG).

74. Customs procedures for importing raw materials for processing and exporting liquefied petroleum gas (LPG).

75. Customs procedures for goods imported and exported via international express air mail services.

76. Customs procedures for buying and selling goods by border residents.

77. Customs procedures for exporting and importing goods across borders.

78. Customs procedures for goods and means of transportation of persons entering and exiting across borders.

79. Customs procedures for trading goods at border markets, customs gate markets, and economic zones.

80. Procedures for confirming the origin declaration form for imported motor vehicles and two-wheeled motorcycles.

81. Customs procedures for goods exported and imported to serve urgent needs; goods directly serving defense and security exported and imported.

ANNEX II

LIST OF ADMINISTRATIVE PROCEDURES OF THE MINISTRY OF INDUSTRY AND TRADE APPLYING THE NATIONAL SINGLE WINDOW MECHANISM
(Issued together with Joint Circular No. 89/2016/TTLT-BTC-BCT dated June 23, 2016, guiding the implementation of the National Single Window Mechanism by the Ministry of Finance and the Ministry of Industry and Trade)

1. Procedure for issuing permits for the import and export of industrial explosives.

2. Procedure for issuing permits for the import of ozone-depleting substances.

3. Procedure for issuing a Kimberley Process certificate for rough diamonds.

4. Procedure for issuing Certificate of Origin Form D.

5. Procedure for issuing automatic permits for the import of large-displacement motorcycles.

ANNEX III

LIST OF ELECTRONIC DOCUMENTS
(Issued together with Joint Circular No. 89/2016/TTLT-BTC-BCT dated June 23, 2016, guiding the implementation of the National Single Window Mechanism by the Ministry of Finance and the Ministry of Industry and Trade)

1. Electronic documents for implementing the single window administrative procedures of the Ministry of Finance include:

a) Electronic customs declaration forms;

b) Decision to release goods or warehouse them.

2. Electronic documents for implementing the single window administrative procedures of the Ministry of Industry and Trade include:

a) For the procedure of issuing Certificate of Origin Form D:

a1) Application for issuance of C/O;

a2) Completed C/O form;

a3) Electronic customs declaration form;

a4) Certificate of Origin Form D;

a5) Other electronic documents (if any) as prescribed in the specialized regulations of the Ministry of Industry and Trade.

b) For the procedure of issuing permits for the import and export of industrial explosives:

b1) Application for issuance of Export and Import Permit;

b2) Industrial explosives import-export permit;

b3) Other electronic documents (if any) as prescribed in the specialized regulatory documents of the Ministry of Industry and Trade.

c) For the procedure to issue an import permit for ozone-depleting substances:

c1) Application form for importing ozone-depleting substances;

c2) Electronic customs declaration;

c3) Import permit for ozone-depleting substances;

c4) Other electronic documents (if any) as prescribed in the specialized regulatory documents of the Ministry of Industry and Trade.

d) For the procedure to issue a Kimberley Process Certification Scheme certificate for rough diamonds:

d1) Application for issuance of Kimberley Process Certificate;

d2) Fully completed Kimberley Process Export Certificate;

d3) Electronic customs declaration;

d4) Other electronic documents (if any) as prescribed in the specialized regulatory documents of the Ministry of Industry and Trade.

đ) For the procedure to issue an automatic import permit for large-displacement motorcycles:

đ1) Application for automatic import registration;

đ2) Automatic import permit;

đ3) Other electronic documents (if any) as prescribed in the specialized regulatory documents of the Ministry of Industry and Trade.

ANNEX IV

SAMPLE USER ACCOUNT REGISTRATION FORM ON THE NATIONAL SINGLE WINDOW PORTAL
(Issued together with Joint Circular No. 89/2016/TTLT-BTC-BCT dated June 23, 2016, guiding the implementation of the National Single Window Mechanism by the Ministry of Finance and the Ministry of Industry and Trade)