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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
103/2009/QD-TTg
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Hanoi,
August 12, 2009
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DECISION
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PRIME MINISTER'S DECISION NO.
149/2005/QD-TTG OF JUNE 20, 2005, ON PILOT IMPLEMENTATION OF E-CUSTOMS
PROCEDURES
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2001 Customs Law and the June 14, 2005 Law Amending
and Supplementing a Number of Articles of the Customs Law;
Pursuant to the November 29, 2005 E-transaction Law;
At the proposal of the Minister of Finance,
Article 1. To amend and
supplement a number of articles of the Prime Minister's Decision No.
149/2005/QD-TTg of June 20, 2005, on pilot implementation of e-customs
procedures as follows:
1. To amend and supplement Clause 3, Article 1 as follows:
"3. Places and time for
pilot implementation:
a/ Places for pilot implementation
of e-customs procedures are the Customs Departments of Hai Phong. Ho Chi Minh,
Hanoi and Da Nang cities and Dong Nai. Binh Duong, Lang Son, Quang Ninh, Ha
Ria-Vung Tau and Quang Ngai provinces and Customs Departments of other
provinces and cities as proposed by the Minister of Finance.
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c/ By the end of the third
quarter of 2011. the Ministry of Finance shall review, report and evaluate the
pilot implementation of e-customs procedures and propose implementation in the
subsequent period to the Prime Minister."
2. To amend and supplement Article 2 as follows:
"Article 2. Contents of
e-customs procedures
E-customs procedures are carried
out in pursuance to the Customs Law; tax laws and the Government's decrees
detailing tax laws; the E-transaction Law and guiding legal documents: and
customs-related treaties to which Vietnam is a contracting party."
3. To amend and supplement Article 3 as follows:
"Article 3. Rights and
obligations of enterprises carrying out e-customs procedures
Apart from the rights and
obligations of customs declarants defined in the Customs Law: the rights and
obligations of taxpayers defined in the Tax Administration Law and laws on tax
policies; and the rights and obligations of persons making e-transactions
defined in the E-transaction Law and guiding legal documents, enterprises
carrying out e-customs procedures also have the following rights and
obligations:
1. Rights of enterprises
carrying out e-customs procedures:
a/ To receive free e-customs
declaration software, training support and direct consultancy from customs
offices;
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c/ When subject to customs
examination of details of customs dossiers or ph ysical inspection of goods, to
be examined earlier than cases of registering customs dossiers in hard copy:
d/ To have customs procedures
cleared or goods released on the basis of e-customs declarations without having
to produce or submit documents enclosed with declarations in customs dossiers,
for goods lots eligible for exemption from examination of customs dossiers and
physical inspection of goods:
To submit or produce only
documents of customs dossiers related to contents subject to customs
examination, for goods lots subject to examination of customs dossiers and
physical inspection of goods;
e/ To use documents printed from
the e-customs declaration system (with seal and^ signature of enterprise
representatives) for goods lots which are approved by customs offices to be
released or have customs procedures cleared or be transported away for
preservation, in the e-customs data processing system, for the en-route
transportation of the goods;
f/ To choose to pay customs
clearance fees and other charges collected by customs offices for associations
and organizations either for each customs declaration or on a monthly basis;
g/ To be provided by customs
offices with information on the processing of e-customs dossiers through the
e-customs data processing system.
2. Obligations of enterprises
carrying e-customs procedures:
a/ To take responsibility before
law for their use of documents printed from the e-customs declaration system;
b/ To store customs documents
(soft and hard copies) for a duration specified in the Customs Law, the
E-transaction Law and other relevant legal documents; to ensure the integrity
of contents and forms of stored customs documents: to produce documents of
customs dossiers upon request of customs offices.
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Article 2. This Decision
takes effect on October 1. 2009.
Article 3. Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
chairpersons of People's Committees of provinces and centrally run cities shall
implement this Decision.-
PRIME
MINISTER
Nguyen Tan Dung