Thông tư liên tịch 77/2016/TTLT-BTC-BKHCN

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF THE NATIONAL SINGLE-WINDOW MECHANISM WITH RESPECT TO PROCEDURES FOR STATE INSPECTION OF QUALITY OF GOODS IMPORTED INTO VIETNAM UNDER THE MANAGEMENT OF THE MINISTRY OF SCIENCE AND TECHNOLOGY

Pursuant to the June 23, 2014 Customs Law;

Pursuant to the November 29, 2005 Law on E-Transactions;

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

Pursuant to the Government's Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

Pursuant to the Government's Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality;

Pursuant to the Government s Decree No. 89/2006/ND-CP of August 30, 2006, on labeling of goods;

Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;

Pursuant to the Government s Decree No. 215/2013/ND-CP of December 23, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

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

The Minister of Finance and the Minister of Science and Technology promulgate the Joint Circular guiding the implementation of the national single-window mechanism with respect to procedures for state inspection of quality of goods imported into Vietnam under the management of the Ministry of Science and Technology.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides the application of the national single-window mechanism to implement procedures for state inspection of the quality of goods imported into Vietnam under the management of the Ministry of Science and Technology in accordance with the November 21, 2012 Law on Product and Goods Quality, the June 23, 2014 Customs Law and the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control, with respect to:

1. Provisions on the process of electronically declaring information and receiving declared information and notifying results of performance of administrative procedures; contents and formats of e-documents used to carry out procedures for state inspection of the quality of goods imported into Vietnam under the management of the Ministry of Science and Technology prescribed in this Article.

2. Provisions on the mechanism for coordination and exchange of information for carrying out administrative procedures under the single-window mechanism under this Article between the Ministry of Finance and the Ministry of Science and Technology.

3. Other matters related to the administrative procedures prescribed in this Article must comply with specialized legal documents.

Article 2. Subjects of application

1. Agencies and units assigned and decentralized to conduct state quality inspection of products and goods under the management of the Ministry of Science and Technology shall process administrative procedures under the single-window mechanism prescribed in Article l of this Joint Circular; and agencies under the General Department of Customs that are responsible for clearing customs procedures for goods imported into Vietnam.

2. Goods importers and organizations and individuals with goods import-related rights and obligations that choose to carry out administrative procedures via the Vietnam National Single Window.

3. Goods imported into Vietnam subject to state quality inspection prescribed in Article 2 of the Minister of Science and Technology’s Circular No. 27/2012/TT-BKHCN of December 12, 2012, providing the state inspection of the quality of imported goods under the management of the Ministry of Science and Technology.

Article 3. Interpretation of terms

In this Joint Circular, the terms below are construed as follows:

1. Single-window administrative procedure-processing agency (below referred to as processing agency) means an agency assigned or decentralized by the Ministry of Finance or the Ministry of Science and Technology to process and license the administrative procedures prescribed in Article 1 of this Joint Circular.

2. Vietnam National Single Window referred to in Clause 1, Article 7 of the Government’s Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control, is an integrated information system consisting of customs clearance systems of customs offices and the information system of the Ministry of Science and Technology (below referred to as specialized processing systems).

3. Single-window administrative files include e-documents and accompanying documents as prescribed in specialized legal documents for each administrative procedure that may be e-documents converted from paper documents under the law on e-transactions, or paper documents.

4. E-document means declared information, processing results and notices which are created, sent, received and stored electronically for carrying out single-window administrative procedures.

5. Declarant means an organization or individual that carries out single-window administrative procedures prescribed in Article 1 of this Joint Circular.

6. System user means a subject defined in Clause 1, Article 11 of this Joint Circular that is permitted to access the Vietnam National Single Window.

7. The Vietnam National Single Window-managing unit referred to in Clause 3, Article 8 of Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control, is the General Department of Customs under the Ministry of Finance.

8. Designated conformity assessment organizations include certification organizations and inspection organizations that have been registered and designated in accordance with the Minister of Science and Technology’s Circular No. 08/2009/TT-BKHCN of April 8, 2009, guiding the requirements, order and procedures for registration of conformity assessment activities, Circular No. 10/2011/TT-BKHCN of June 30, 2011, amending and supplementing Circular No. 08/2009/ TT-BKHCN of April 8, 2009, Circular No. 09/2009/TT-BKHCN of April 08, 2009, guiding the requirements, order and procedures for designating conformity assessment organizations, and Circular No. 11/2011/TT-BKHCN of June 30, 2011, amending and supplementing Circular No. 09/2009/TT-BKHCN of April 8, 2009.

In case the documents mentioned in this Clause are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

Article 4. E-transactions conducted under the national single-window mechanism

E-transactions conducted under the national single-window mechanism (below referred to as e-transactions) include:

1. Declaring, receiving, and notifying results of the processing of, files for carrying out administrative procedures on the Vietnam National Single Window.

2. Receiving and transmitting declared information to processing agencies via the Vietnam National Single Window.

3. Receiving processing results from processing agencies via the Vietnam National Single Window.

4. Exchanging information among processing agencies via the Vietnam National Single Window.

Article 5. Single-window administrative files

Single-window administrative files prescribed in Clause 3, Article 3 of this Joint Circular for carrying out the procedure for registration for quality inspection of imported goods include:

a/ Registration for state inspection of imported goods quality (according to information contents in form No. 1, Appendix I to this Joint Circular);

b/ Imported goods declaration;

c/ Invoice;

d/ Conformity assessment result (regulation conformity certificate or inspection certificate);

dd/ Contract (goods being concrete-reinforced steel products);

e/ Packing list;

g/ Processing result of the processing agency including:

g1/ For processing agencies assigned or decentralized to perform state management of imported goods quality under the management of the Ministry of Science and Technology: certification of the dossier of registration for state inspection of imported goods and a notice of the imported goods’ satisfaction of quality requirements through state inspection, a notice of imported goods’ non-satisfaction of quality requirements through state inspection (with details specified in form No. 2, Appendix I to this Joint Circular) or other processing results corresponding to the single-window administrative procedures of the Ministry of Science and Technology mentioned in Article 1 of this Joint Circular;

g2/ For agencies and units under the Ministry of Finance: decision on customs clearance, release of goods or delivery of goods for preservation or other processing results corresponding to the single-window administrative procedures of the Ministry of Finance mentioned in Article 1 of this Joint Circular.

2. Documents submitted in electronic form include:

The registration for state inspection of imported goods quality (with details specified in form No. 1, Appendix I to this Joint Circular).

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

a/ Imported goods declaration;

b/ Invoice;

c/ Conformity assessment result (regulation conformity certificate or inspection certificate);

d/ Contract (with goods being concrete-reinforced steel products)

dd/ Packing list.

4. In case an imported goods declaration form is an electronic one, the declarant is not required to submit the imported goods declaration.

5. The declarant is not required to submit the conformity assessment result which has been granted electronically and sent by the designated conformity assessment organization to the Vietnam National Single Window.

6. Legal validity of e-documents:

a/ E-documents have the same validity as paper documents;

b/ E-documents shall be created according to the contents and format set by the Ministry of Science and Technology for single-window administrative procedures prescribed in Article 1 of this Joint Circular;

c/ The sending, receipt, storage and legal validity of e-documents must comply with the law on e-transactions and other relevant laws;

d/ E-documents must satisfy the requirements prescribed by specialized law applicable to single-window administrative procedures;

dd/ E-documents must bear the digital signature of a competent person prescribed by specialized law on single-window administrative procedures in case the declarant registers to use digital signatures;

e/ The creation and conversion of e-documents from paper documents and vice versa must comply with the law on e-transactions and specialized law applicable to the single-window administrative procedures under Article 1 of this Joint Circular.

7. Paper documents: The format, contents and modes of submission and production of paper documents in single-window administrative files must comply with specialized legal documents applicable to relevant administrative procedures.

Article 6. E-documents, conversion of paper documents into e-documents and vice versa

1. An e-document declared or produced to state management agencies under the national single-window mechanism may be converted from a paper document provided that it:

a/ Reflects the entire contents of the paper document;

b/ Bears the digital signature of the converter (declarant) already registered to join the Vietnam National Single Window.

2. An e-document issued via the Vietnam National Single Window may be converted into a paper document provided that the paper document:

a/ Reflects the entire contents of e-documents;

b/ Bears an identification sign showing that the document has a digital signature given by the licensing agency or the Vietnam National Single Window, name and email and/or telephone number of the agency giving the digital signature, and time of giving such signature. Identification signs shall be posted up by the Vietnam National Single Window-managing unit at https://vnsw.gov.vn;

c/ Bears the signature, full name and lawful seal of the converter (declarant).

3. E-documents are valid for carrying out procedures with state management agencies like their paper form.

4. Declarants shall keep e-documents and paper documents under regulations.

Article 7. Registration of accounts of users of the Vietnam National Single Window

1. A declarant that has been granted by the Ministry of Finance or the Ministry of Science and Technology accounts for accessing existing specialized processing systems may choose one of these accounts to access the Vietnam National Single Window. To use the account, the declarant shall access the Vietnam National Single Window at https://vnsw.gov.vn and register his/her user account according to form No. 1, Appendix II to this Joint Circular. Should any problems arise, the Vietnam National Single Window-managing unit shall instruct the declarant how to use his/her registered accounts to access the Vietnam National Single Window.

2. If a declarant has no user account granted by the Ministry of Finance or the Ministry of Science and Technology, he/she shall register his/her user account on the Vietnam National Single Window as follows:

a/ He/she shall access the Vietnam National Single Window at https://vnsw.gov.vn and register his/her file according to form No. 2, Appendix II to this Joint Circular. Within 1 working day after receiving the declarant’s file registered on the Vietnam National Single Window, the Vietnam National Single Window-managing unit shall check such information. If rejecting the file or finding that the file is incomplete, the Vietnam National Single Window-managing unit shall notify such by email (clearly stating the reason) to the declarant. If the file is complete and satisfactory, this unit shall notify by email its acceptance of the file, and the username and default passcode to the declarant;

b/ After granting a new account to the declarant, the Vietnam National Single Window shall send information on this account to relevant specialized processing systems.

3. For officials and civil servants of agencies and units under the Ministry of Finance and the Ministry of Science and Technology, the grant of user accounts on the Vietnam National Single Window is prescribed as follows:

a/ The Ministry of Finance or the Ministry of Science and Technology shall draw up a list of to-be-granted user accounts, containing names, titles, working units, and authority to use the functions managed by the Ministry on the Vietnam National Single Window, made according to the form issued by the Vietnam National Single Window-managing unit on this Window, and send a written notice to this unit;

b/ Within 5 working days, the Vietnam National Single Window-managing unit shall, based on technical requirements on system security and safety, consider the number of to-be-granted accounts requested by the Ministry of Finance or the Ministry of Science and Technology, and grant user accounts and notify in writing usernames and default passcodes to the Ministry. If the number of to-be-granted accounts is smaller than the number of accounts requested by the Ministry of Finance or the Ministry of Science and Technology, the Vietnam National Single Window-managing unit shall clearly state the reason in writing to the Ministry.

4. The Ministry of Science and Technology shall summarize the number of accounts requested by designated conformity assessment organizations and send a written notice to the Vietnam National Single Window-managing unit in accordance with Clause 3 of this Article.

Article 8. Responsibilities of users of the Vietnam National Single Window

Users shall take responsibility for the accuracy and completeness of information and data they have provided to the Vietnam National Single Window in accordance with specialized legal documents applicable to relevant administrative procedures.

Chapter II

PROVISIONS ON THE VIETNAM NATIONAL SINGLE WINDOW

Article 9. Principles of operation of the Vietnam National Single Window

1. Complying with specialized laws and regulations on protection of state secrets, trade secrets and business secrets for e-transactions conducted on the Vietnam National Single Window.

2. Ensuring the accuracy, objectivity, completeness and timeliness of e-transactions conducted on the Vietnam National Single Window.

Article 10. Functions of the Vietnam National Single Window

1. To receive e-documents and relevant information; to certify digital signatures of declarants and processing agencies.

2. To forward e-documents and other information of declarants to processing agencies and designated conformity assessment organizations selected by enterprises, and concuưently store declarants’ information for search and statistical purposes.

3. To receive notices from processing agencies.

4. To return e-documents to declarants.

5. To exchange processing results among processing agencies.

6. To store the status of e-transactions conducted on the Vietnam National Single Window and store e-documents.

7. To report and provide statistics at the request of processing agencies and declarants.

Article 11. Authority and levels of access to the Vietnam National Single Window

1. Entitled to access the Vietnam National Single Window are:

a/ Organizations and individuals carrying out the administrative procedures prescribed in Article 1 of this Joint Circular;

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

c/ State management agencies other than those mentioned at Point b of this Clause that exploit information from the Vietnam National Single Window.

2. Access levels and authority:

a/ Organizations and individuals defined at Point a, Clause 1 of this Article may access the Vietnam National Single Window to declare information and receive notices of processing results of their files in order to carry out single-window administrative procedures, receive single- window administrative documents and other processing results for single-window administrative procedures, and search for information posted on the Vietnam National Single Window;

b/ The entities defined at Point b, Clause 1 of this Article may access the Vietnam National Single Window to receive information, process information and notify processing results in the form of single-window administrative documents or other processing results for single-window administrative procedures, and receive single-window administrative documents and other processing results from related agencies;

c/ The entities defined at Point c, Clause 1 of this Article shall comply with Clause 2, Article 23 of this Joint Circular.

Article 12. Use of digital signatures for conducting single-window administrative procedures

Declarants that use digital signatures for conducting single-window administrative procedures on the Vietnam National Single Window shall comply with the following provisions:

1. Their digital signatures must be public ones granted to organizations which have been registered with the Vietnam National Single Window-managing unit and certified as compatible with the Vietnam National Single Window system.

2. The use and legality of digital signatures must comply with the State’s current regulations on digital signatures and digital signature certification service.

3. Before using digital signatures for conducting single-window administrative procedures, declarants shall register such signatures with the Vietnam National Single Window-managing unit. Information on digital signatures may be immediately registered when declarants carry out the procedures to apply for user accounts. If declarants already have user accounts but have not yet registered information on digital signatures or wish to register additional digital signatures, they shall access the Vietnam National Single Window using the registered accounts and fill in the following information:

a/ Name and tax identification number of the importer or exporter;

b/ Full name, identity card or passport number, and title (if any) of the digital certificate holder;

c/ Serial number of the digital certificate;

d/ Validity duration of the digital certificate.

4. Declarants shall re-register with the Vietnam National Single Window-managing unit the information mentioned in Clause 3 of this Article in the following cases: change in registered information; extension of digital certificate; change of key pair; and suspension of digital certificate. Information mentioned in Clause 3 of this Article shall be re-registered like when it is initially registered.

5. A declarant that has registered to use different digital signatures with specialized processing systems may choose to use one of these signatures.

Article 13. Responsibilities of the Ministry of Finance and the Ministry of Science and Technology

1. To develop information contents and formats of e-documents under their respective management.

2. To update information relating to the granted accounts of officials and civil servants for accessing the Vietnam National Single Window in case of change in their posts, working positions or tasks.

3. To store, and protect the integrity of, e-documents and relevant processing results in specialized processing systems.

4. To comply with the Regulation on management, operation, exploitation and information safety assurance of the Vietnam National Single Window promulgated together with Decision No. 75/QD-BCDASW of November 20, 2014, of the National Steering Committee for the ASEAN and National Single Window Mechanism.

Chapter III

PROCESS OF DECLARATION, RECEIPT AND EXCHANGE OF INFORMATION AND NOTIFICATION OF RESULTS ON THE VIETNAM NATIONAL SINGLE WINDOW

Article 14. Declarants and their rights and obligations

1. Declarants that carry out single window administrative procedures defined in Article 1 of this Joint Circular include:

a/ Customs declarants defined in Article 5 of Decree No. 08/2015/ND-CP of January 21, 2015, detailing, and providing measures to implement, the Customs Law regarding customs procedures and customs inspection, supervision and control;

b/ Organizations and individuals involved in the process of quality inspection of imported goods managed by the Ministry of Science and Technology.

2. A declarant has the following rights:

a/ To be assisted by the Vietnam National Single Window-managing unit and processing agencies in user training and receipt of necessary information for access to, declaration of information, and use of utilities on the Vietnam National Single Window;

b/ To have his/her/its information secured and business and trade secrets protected by the Vietnam National Single Window-managing unit and processing agencies;

c/ To be provided by processing agencies with information about the processing of files for conducting single-window administrative procedures;

d/ To select a designated conformity assessment organization.

3. A declarant has the following obligations:

a/ To comply with regulations on contents and format of declared information according to technical requirements for each single-window administrative procedure;

b/ To comply with regulations on digital signatures for e-transactions requiring digital signatures;

c/ To pay taxes, charges, fees and other amounts in accordance with law;

d/ To strictly follow the processes for ensuring the integrity, safety and confidentiality in carrying out single-window administrative procedures;

dd/ To store single-window administrative documents (including copies) in accordance with the law on e-transactions and specialized legal documents; to provide e-documents and/or paper documents relating to goods imported, exported or in transit and vehicles on exit, entry or in transit to processing agencies for examination and inspection according to their competence;

e/ To meet information technology and technical requirements prescribed in specialized laws for carrying out single-window administrative procedures;

g/ To take responsibility before law for declared information when carrying out single- window administrative procedures.

Article 15. Declaration and submission of information and single-window administrative files to conduct administrative procedures mentioned in Article 1 of this Joint Circular under the single-window mechanism

The declaration and submission of information to conduct administrative procedures mentioned in Article 1 of this Joint Circular under the single-window mechanism shall be made as follows:

1. A declarant making an electronic single window administrative file mentioned in Article 5 of this Joint Circular may select either of the following modes:

a/ Making the electronic single window administrative file according to data standard by using the details and format developed by the Ministry of Finance or the Ministry of Science and Technology and announced on the Vietnam National Single Window. Sending the file to the Vietnam National Single Window; or

b/ Directly declaring information in the file on the Vietnam National Single Window;

2. A declarant may receive notices of declaration and information submission results from the Vietnam National Single Window and follow the instructions in the notices of processing agencies.

3. A declarant who conducts administrative procedures using paper documents shall submit paper documents in accordance with specialized legal documents.

Article 16. Modification and supplementation of information and single window administrative files to carry out administrative procedures mentioned in Article 1 of this Joint Circular under the national single window mechanism

Modified and supplemented information of electronic single window administrative files mentioned in Article 5 of this Joint Circular shall be sent to processing agencies via the Vietnam National Single Window; for paper documents, declarants shall submit them in accordance with specialized legal documents.

Procedures for modifying and supplementing single window administrative files to carry out the administrative procedures mentioned in Article 1 of this Joint Circular must comply with specialized laws.

The modification and supplementation of information of electronic single window administrative files and the sending of such information to processing agencies via the Vietnam National Single Window must comply with Clause 1 or 2, Article 15 of this Joint Circular.

Article 17. Processing of information and notification of processing results

1. A processing agency shall:

a/ Receive and process information and electronic single window administrative files sent/submitted via the Vietnam National Single Window and paper documents submitted by declarants in accordance with specialized laws;

b/ Notify the receipt and processing of declared information to the declarants and agencies performing administrative procedures on the Vietnam National Single Window;

b1/ If accepting declared information, the processing agency shall process the single window administrative file and notify the processing result to the declarant and relevant processing agencies via the Vietnam National Single Window;

b2/ If rejecting declared information, the processing agency shall process the single window administrative file and notify the processing result clearly stating the reason for its rejection to the declarant and relevant processing agencies via the Vietnam National Single Window;

b3/ The processing agency shall issue a notice of the result of the quality inspection of imported goods to the declarant and concurrently send it to customs offices via the Vietnam National Single Window;

b4/ In case a shipment fails to satisfy the quality requirement on imported goods, the recycling method shall be applied in accordance with the laws on customs and product and goods quality. Recycled imported goods shall be inspected in terms of their quality. The inspection agency shall notify the result of the quality inspection of the recycled imported goods on the Vietnam National Single Window.

2. A customs office shall:

a/ Based on declared information and other processing results of single window administrative procedures sent by declarants and processing agencies via the Vietnam National Single Window, process customs dossiers of declarants and send processing results to the Vietnam National Single Window;

b/ Issue a final decision on customs clearance of imported goods based on the notice of the results of the quality inspection of imported goods sent to the customs office via the Vietnam National Single Window.

3. A designated conformity assessment organization shall:

a/ Register a user account on the Vietnam National Single Window and register a digital signature right after being designated to conduct conformity assessment;

b/ Receive conformity assessment registration dossiers via the Vietnam National Single Window and request registrants to supplement their dossiers in accordance with specialized laws;

c/ Conduct assessments and provide conformity assessment results electronically to the Vietnam National Single Window according to Form No. 3, Appendix I to this Joint Circular.

d/ Comply with Article 15 of the Minister of Science and Technology’s Circular No. 27/2012/TT-BKHCN of December 12, 2012.

4. The deadlines for processing and notification of processing results by processing agencies and customs offices must comply with current laws on administrative procedures mentioned in Article 1 of this Joint Circular and on customs procedures.

Article 18. Receipt of information and notification on the Vietnam National Single Window

1. The Vietnam National Single Window shall receive e-information around the clock.

2. The Vietnam National Single Window shall automatically receive information and send notices electronically to declarants and specialized processing systems.

3. The Vietnam National Single Window shall:

a/ Send processing results received from customs offices to declarants immediately after receiving such results;

b/ Provide customs declarations and processing results of customs offices to processing agencies in case customs declarations are required in the administrative procedures falling within the competence of processing agencies, or when processing agencies request provision of customs declarations and processing results of customs offices which are related to the procedures falling within the competence of processing agencies.

Chapter IV

COORDINATION AND EXCHANGE OF INFORMATION FOR CARRYING OUT SINGLE-WINDOW ADMINISTRATIVE PROCEDURES

Article 19. Principles of exchange and provision of information

1. Exchange and provision of information shall be conducted in accordance with law and within the ambit of functions, tasks and powers of related parties.

2. Exchanged and provided information shall be used properly for operational activities according to the functions and tasks of information recipients.

3. Related parties shall exchange and provide information in a prompt, accurate and sufficient manner.

4. Related parties shall exchange, provide, manage and use information in accordance with regulations on protection of state secrets and secrets under ministries’ specialized management.

5. Information shall be exchanged and provided among parties of the same level, or may be exchanged and provided among parties of different levels when necessary.

6. Information exchanged and provided among related parties must be consistent and comply with regulations on information exchange among state agencies.

7. Agencies and units assigned to act as focal points of related parties in exchanging and providing information as defined in Article 24 of this Joint Circular shall arrange manpower and facilities to ensure uninterrupted and timely exchange and provision of information.

Article 20. Contents of information provision

1. The Ministry of Finance shall provide the Vietnam National Single Window with:

a/ E-documents related to the Ministry’s administrative procedures as prescribed in Article I of this Joint Circular;

b/ Other processing results of customs offices which are related to administrative procedures;

c/ Information relating to goods already cleared from customs procedures or released at the request of the Ministry of Science and Technology.

2. The Ministry of Science and Technology shall provide the Vietnam National Single Window with:

a/ E-documents related to the Ministry’s administrative procedures as prescribed in Article 1 of this Joint Circular;

b/ Other processing results of processing agencies under the Ministry which are related to administrative procedures;

c/ Information about goods already licensed or refused to be licensed at the request of the Ministry of Finance;

d/ Notification of the addition of a designated conformity assessment organization right after the issuance of a designation document.

Article 21. Forms of exchange and provision of information

Information shall be exchanged and provided online as e-documents under regulations. The Vietnam National Single Window-managing unit shall act as the focal point in receiving and processing information provided by the Ministry of Finance and the Ministry of Science and Technology for carrying out single-window administrative procedures. Should an incident or a technical error occur or the Window have no function of information exchange and provision, making it impossible to exchange and provide information electronically, related parties may temporarily use other forms like email, fax or paper document for information exchange and provision.

Article 22. Compilation of statistics, exchange and provision of information

1. If the Ministry of Finance and the Ministry of Science and Technology connect their specialized processing systems to the Vietnam National Single Window, the compilation of statistics and reporting on information relating to the administrative procedures prescribed in Article 1 of this Joint Circular shall be conducted via their respective systems.

2. If the Ministry of Finance and the Ministry of Science and Technology have not yet connected their specialized processing systems to the Vietnam National Single Window, the Vietnam National Single Window-managing unit shall provide the focal units defined in Article 24 of this Joint Circular with statistics and reports relating to the administrative procedures prescribed in Article 1 of this Joint Circular at the request of the two Ministries.

3. Extraordinary information: In case the National Assembly, the Government, the National Steering Committee for ASEAN and National Single Window Mechanism, competent authorities or the ASEAN Secretariat request(s) reporting on and provision of information relating to the administrative procedures prescribed in Article 1 of this Joint Circular, the Vietnam National Single Window, the Ministry of Finance, the Ministry of Science and Technology or related agencies shall provide information to these agencies and concurrently to the Vietnam National Single Window and related agencies.

Article 23. Management and use of information

1. The Ministry of Finance shall provide the Ministry of Science and Technology with a username and passcode for exploiting information from the Vietnam National Single Window at https://vnsw.gov.vn. Related agencies shall keep confidential their usernames and passcodes and properly exercise the rights already registered with the Vietnam National Single Window- managing unit when requesting grant of user accounts.

2. The Ministry of Finance shall share information with the Ministry of Science and Technology as well as competent agencies and persons for using and exploiting information from the Vietnam National Single Window. Before officially providing information within the management scope of the Ministry of Science and Technology on the Vietnam National Single Window to competent agencies or persons for use, the Ministry of Finance shall obtain approval from such units. Information provision must comply with specialized laws on protection of state secrets and business secrets of enterprises.

Article 23. Focal points in information provision and exchange

1. Ministries shall assign their focal points to be responsible for information provision and exchange in accordance with this Joint Circular.

2. Focal points defined in Clause 1 of this Article shall assign heads of their functional divisions to perform information exchange, provision and management tasks, and create and register their emails, fax numbers, telephone numbers and addresses with the Vietnam National Single Window-managing unit for coordination.

Chapter V

IMPLEMENTATION PROVISIONS

Article 25. Effect

1. This Joint Circular takes effect on June 15, 2016.

2. Focal points shall promptly report any problems arising in the course of implementation of this Joint Circular to related ministries for settlement.

Article 26. Implementation responsibility

The Ministry of Finance and the Ministry of Science and Technology shall:

1. Organize, and direct their attached agencies and units in, the implementation of this Joint Circular.

2. Facilitate uninterrupted and timely performance of administrative procedures.

3. Announce administrative procedures under their respective management, specifying the quantity, composition and types of documents (e-documents, paper documents converted into e-documents, or paper documents) in single-window administrative files.

4. Ensure the accuracy, timeliness, safety and confidentiality of exchanged and provided information in accordance with current law.

All appendices to this Joint Circular are not translated.-