Decision No. 48/2011/QD-TTg dated August 31st, 2011
THE PRIME MINISTER
SOCIALIST REPUBLIC OF VIET NAM
Hanoi, August 31, 2011
ON PILOTING THE IMPLEMENTATION OF NATIONAL ONE-STOP SHOP (OSS) CUSTOMS MECHANISM
THE PRIME MINISTER
Pursuant to the Law on Organization of Government dated December 25, 2001;
Pursuant to the Law on Customs dated June 29, 2001 and the Law amending, supplementing a number of Articles of the Law on Customs dated June 14, 2005;
Pursuant to the Law on Maritime Code dated June 14, 2005; Law on Import Duty and Export Duty dated June 14, 2005; the Law on Commercial June 14, 2005; the Law on Tax Administration dated November 29, 2006 and the Law on E-Transactions dated November 29, 2005;
Pursuant to the Agreement and Protocol for the development and implementation of ASEAN OSS mechanism;
At the proposal of the Minister of Finance,
Article 1. Piloting implementation of national OSS customs mechanism with the main contents as follows:
1. Mechanism of national OSS customs is the permitted system of integration:
a) The parties participating in the export or import file or submit information and standardized documents to a single receiving place;
b) The State agencies process data, information and make the decisions based on system of processes and united and synchronous procedures; make the decisions and send them to the system agreed the supply and the unified exchange of information between state agencies; and
c) The customs authorities shall make a final decision on the clearance, release of exports, imports, goods in transit or transport means of exit, entry, or transit based on the decisions of the concerned State agencies that are promptly delivered by the system in accordance with the provisions of supply of public services.
2. Scope of application:
Mechanism of national OSS customs is piloted application for the exports, imports, goods in transit and transport means of entry, exit, transit (hereinafter referred to as goods, means of import and export) under the provisions of the Customs Law.
3. Agencies, units implementing the pilot:
a) The agencies and units of the Ministry of Finance, Ministry of Industry and Trade, Ministry of Transport, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment and local state agencies with the functions, duties of licensing or dealing with the administrative procedures as prescribed by law (hereinafter referred to as administrative procedures) related to the customs clearance of goods, means of import and export;
b) The enterprises having goods, import and export means participated in e-customs procedures and met the conditions for implementing the pilot of mechanism of national OSS customs;
c) Customs Departments of provinces and cities directly under the Central Government have implemented the E-customs procedures.
4. The contents of piloting implementation of mechanism of national OSS customs, including:
a) Selecting and publishing the list of administrative procedures applying the pilot of mechanism of national OSS customs;
b) Declaring and receiving declaration information of the administrative procedures through electronic means;
c) Providing feedback of information and returning the results to the agencies, the units implementing administrative procedures through electronic means together with returning paper records (for procedures not recognized electronic records);
d) Exchanging information on the agencies and the units implementing administrative procedures and outcomes of decision-making of agencies and units through electronic means;
đ) Making electronic payment for taxes, fees and charges through the commercial banking system based on exchange agreements and processing of information of collection, payment of taxes, charges and fees between the concerned State agencies and the commercial banks;
e) Electronic documents exchanged between state agencies together on the system of national OSS customs in implementing the administrative procedures have legal validity as paper documents;
g) Preparing the necessary conditions to implement the exchange of information on certificates of origin (C/O) under the ATIGA Agreement in ASEAN and toward recognizing electronic C/O between the Member countries of ASEAN;
h) Willing to exchange basic information on the customs declaration with customs of the ASEAN member countries in the unified format.
5. Time, route of piloting implementation:
a) From October 2011 to December 2012: making legal documents, processes and procedures; preparing conditions on information technology infrastructure and building systems of information technology of national OSS customs;
b) From January to December 2013: Piloting the implementation in the agencies and units of the Ministry of Industry and Trade, Ministry of Finance (General Department of Customs), Ministry of Transport and several local state agencies of the sectors of finance, industry and trade and transport;
c) From January to December 2014: expanding the pilot of implementation in agencies under the Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment and several local state agencies of the health sector, agriculture and rural development, natural resources and environment.
December 2014, reviewing the pilot and recommending the plan of officially implementing the mechanism of national OSS customs in the next stages.
Article 2. Responsibilities of the ministries and agencies
1. Responsibilities of the Ministry of Finance:
a) To preside over and coordinate with ministries and concerned agencies: implementing this Decision; building and issuing guidance documents, mechanisms and policies related to the meeting of the requirements for the pilot implementation; coordination mechanisms, information exchange and decision-making in the framework of mechanism of national OSS customs; and selecting the enterprises to participate in the pilot; synthesizing the report on the pilot implementation; summing up and proposing the official implementation of the mechanism of national OSS customs;
b) To select the list of administrative procedures and regulations on conditions for piloting the implementation of mechanism of the national OSS customs under state management of their ministries and branches;
c) To direct the General Department of Customs to compile, manage and operate the national OSS customs information portal and the information technology system implementing the pilot;
d) Annually (or as needed), report the National Steering Committee and the Prime Minister on the progress and results of the pilot.
2. Responsibilities of the Ministry of Industry and Trade, Ministry of Transport, Ministry of Health, Ministry of Agriculture and Rural Development, Ministry of Natural Resources and Environment:
a) To appoint the units to participate in the pilot; to select and announce the list of administrative procedures and provisions on pilot conditions for implementing national OSS customs mechanism under the state management scope of their ministries and branches;
b) To coordinate with the Ministry of Finance to formulate and promulgate guidance documents and implement the pilot; to build the mechanism for coordination, communication and decision-making within the framework of national OSS customs mechanism;
c) To preside over, manage and operate information technology systems for pilots within the management of their units;
d) To report to the National Steering Committee and the Prime Minister on the progress and results of the pilot of their ministries and branches annually or irregularly upon request.
3. Responsibilities of the Ministry of Information and Communications: to coordinate with the Ministry of Finance and concerned ministries and agencies in building infrastructure of information technology of national OSS customs and ensure security and safety of information for the system as operating.
4. Responsibilities of the State Bank of Vietnam: coordinate with the Ministry of Finance, Ministry of Industry and Trade, Ministry of Transport and relevant agencies to build mechanisms and policies related to electronic payments for accounts of fees, taxes and other charges associated with the export, import, transit of goods and means of transport within the framework of administrative procedures to be deployed in the mechanism of national OSS customs.
5. Responsibilities of the Chamber of Commerce and Industry of Vietnam:
Coordinate with the Ministry of Finance, Ministry of Industry and Trade, Ministry of Transportation and related agencies:
a) To organize the propaganda, awareness raising, training, coaching for the enterprise community on the requirements and interests, ensuring conditions and regulations required to comply with as joining mechanism of national OSS customs;
b) To organize seminars, surveys, opinion surveys of the enterprise community in the process of building and implementing the mechanism of national OSS customs.
Article 3. Responsibilities of the enterprises participating in the pilot to implement the mechanism of national OSS customs
1. To declare and implement the administrative procedures through the system of processing electronic data of national OSS customs electronic information portal.
2. To declare and submit documents and provide information relating to goods, means of transport of import and export and pay tax, fees and charges, other revenues as prescribed by law.
3. To take responsibility before law for the accuracy and truthfulness of the declared contents and the documents which were submitted and presented to the authorities; consensus on the contents between information, paper documents and E-information and E-documents made by the enterprises.
4. To keep records, books and documents related to the customs clearance of goods, means of transport for export under the provisions of law.
Article 4. Implementation funding and investment mechanisms
1. In principle, capital raising and investment mechanisms to implement the mechanism of national OSS customs is fully utilized and harmonious combination of resources including: ODA funds, non-refundable aid funds, the state budget funds and other funds, including funds mobilized from the private sector in the form of public – private cooperation.
Ministry of Finance shall preside over and coordinate with the ministries and concerned agencies to research and propose appropriate mechanisms for investment to build, manage, operate, maintain electronic information portal national of national OSS customs connected with electronic information systems of the ministries and relevant agencies; to conduct research, develop mechanisms of fees collection and use of fees collected for some public services through system of national OSS customs submitting to the Prime Minister for decision.
2. Regular funding for the study and issuance of the guidelines and implementing the mechanism for national OSS customs is arranged, balanced in the annual State budget estimation of the Ministries, agencies in accordance with the provisions of the Law on State Budget.
Article 5. Implementation Provisions
1. This decision takes effect from October 15, 2011.
2. The ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairmen of People's Committees of provinces and cities directly under the Central Government and concerned organizations and individuals are responsible for the implementation of this Decision./.
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