Decision No. 01/2008/QD-BTC dated January 4, 2008 of the Ministry of Finance promulgating the Regulation on accreditation of organizations providing value-added services for e-customs transactions
Article 1.- To promulgate together with this Decision the Regulation on accreditation of organizations providing value-added services for e-customs transactions.
Article 2.- This Decision takes effect 15 days after its publication in CONG BAO.
Article 3.- The General Director of Customs, heads of units under the Ministry of Finance, and concerned organizations and individuals shall implement this Decision.
ON ACCREDITATION OF ORGANIZATIONS PROVIDING VALUE-ADDED SERVICES FOR E- CUSTOMS TRANSACTIONS
Article 1.- Scope of regulation
1. Value-added service for e-customs transactions (below referred to as customs value-added network service, abbreviated to C-VAN) means a service of transmitting and receiving customs e-data messages between customs declarants and a customs office for the purpose of carrying out e-customs procedures.
2. This Regulation specifies procedures for grant of certificates of accreditation of C-VAN service organizations; procedures for suspension or withdrawal of certificates of accreditation of C-VAN service organizations; C-VAN service charge rates; relations between C-VAN service organizations and their partners.
Article 2.- Principles for provision of C-VAN services
1. Compliance with the Law on E-Transactions, the Law on Information Technology, other relevant laws and guiding legal documents.
2. Voluntary selection by parties to e-customs transactions of electronic media and technologies for performance of these transactions.
3. Protection of rights and interests of the State and lawful interests of users of C-VAN services.
4. C-VAN service providers responsibility before law for all of their activities in the course of providing C-VAN services.
5. Confidentiality of information in the process of transmission and receipt between customs declarants and customs offices.
6. Encouraged raising of effectiveness and reduction of charge rates of services provided by C-VAN service organizations for the purpose of improving the societys access to these services and increasing economic competitiveness.
Article 3.- Contents of quality management of C-VAN services
1. Elaborating technical standards related to e-customs transactions which are conformable, harmonious and compatible with national technical regulations and the customs services professional technical regulations concerning e-transactions.
2. Controlling the transmission, receipt and exchange as well as the recoverability and restorability of e-customs data.
3. Inspecting the application of quality standards to C-VAN services provided by C-VAN service organizations.
4. Handling violations of quality of provided C-VAN services.
Article 4.- Prohibited acts
1. Preventing others from choosing to use e-transactions.
2. Illegally obstructing the transmission, sending or receipt of e-customs data messages.
3. Illegally altering, deleting, cancelling, falsifying, copying, disclosing, displaying or removing part or whole of e-customs data messages.
4. Creating or spreading software programs that disrupt, alter or destroy the e-customs data processing system, or committing other acts of sabotaging technological infrastructure for e-customs transactions.
5. Creating data messages in order to commit illegal acts.
6. Fraudulently altering, falsely claiming, misappropriating or illegally using log-in passcodes of customs declarants.
Article 5.- Competence to grant and withdraw certificates of accreditation of C-VAN service organizations
The General Department of Customs shall grant and withdraw certificates of accreditation of C-VAN service organizations under this Regulation.
SPECIFIC PROVISIONS ON PROCEDURES FOR ACCREDITATION OF C-VAN SERVICE ORGANIZATIONS
Section 1. PROCEDURES FOR GRANT OF CERTIFICATES OF ACCREDITATION OF C-VAN SERVICE ORGANIZATIONS
Article 6.- Conditions for an entity to be granted a certificate of accreditation
1. Conditions on the status of the entity
1.1. Being an enterprise operating in Vietnam and having a business registration certificate or an investment certificate/investment license of an enterprise investing in information technology in Vietnam.
1.2. Being experienced in developing information technology solutions for enterprises or solutions to exchange of electronic data between customs offices and enterprises, specifically:
a/ Having operated for at least five years in developing information technology solutions or software;
b/ Having successfully set up information technology systems for at least 100 enterprises;
c/ Having set up a system for electronic data exchange among branches of enterprises or between enterprises and their partners.
2. Financial conditions
2.1. Having adequate financial capability for setting up a system of technical equipment and facilities, organizing and maintaining its operation suitable to the scale of service provision.
2.2. Obtaining a credit institutions guarantee certificate or having purchased insurance for compensations for damage which might be caused in the course of providing services of transmitting and receiving e-customs data messages between customs declarants and customs offices.
2.3. Having a working office and a place where machinery and equipment are installed which satisfy law-prescribed requirements on fire and explosion prevention and fighting and are suitable to the types of services it provides.
3. Personnel requirements
Having a professionally qualified staff who satisfy service provision requirements, specifically:
3.1. Technicians who possess:
a/ International certificates of operating system administration;
b/ International certificates of information technology system confidentiality;
c/ International certificates of database administration;
d/ For operation employees, they must be sufficient in number and possess information technology diplomas at intermediate or higher levels.
3.2. Professional staff members who are knowledgeable about customs law and general customs operations.
4. Technical conditions
4.1. Having a technical equipment system that satisfies the following requirements:
a/ Enabling users to get access to services and ensuring uninterrupted connection with the online e-customs data processing system 24 hours a day and seven days a week. The maximum time of system stoppage for maintenance is three hours per year;
b/ Ensuring security, integrity and confidentiality of data exchanged between involved parties; applying measures to control transactions between customs offices and service users;
c/ Being capable of detecting, warning and preventing illegal accesses and attacks in the network environment;
d/ Having data copying, restoring and storing processes which must satisfy minimum requirements on storage quality, specifically:
The data storage system must be up to or proved to be conformable with standards of data storage systems;
There must be processes of copying and restoring data when incidents occur in the system, ensuring online copying of all data and that data will be completely restored within 8 hours after an incident occurs in the system.
e/ The C-VAN service provision system is recognized to be up to or proved to be conformable with security standards of information systems.
4.2. Having solutions to storing e-documents and results of transmission and receipt between transaction parties and to storing e-documents of uncompleted transactions, which must meet the following minimum requirements:
a/ Original electronic data messages must be stored in the system until transactions are successfully completed;
b/ Original electronic data messages are accessible online until transactions are successfully completed;
c/ After a transaction is successfully completed, information relating to the process of transaction must be stored in the system for at least five years from the date the transaction is successfully completed. The information must be accessible online in this storage duration;
d/ Transaction information must be stored in storage devices separate from the operating system for at least five years, longer than the storage duration prescribed by law for common e-documents.
4.3. Having contingency plans and backup systems to ensure its safe and uninterrupted operation and plans on response to abnormal circumstances or solution of unexpected problems.
4.4. Having a plan on service expansion in case the number of service users increases.
Article 7.- Procedures for registration of schemes on C-VAN service provision
1. Dossiers for registration of schemes on C-VAN service provision
A dossier for registration of a scheme on C-VAN service provision is made in three sets. Each dossier set comprises:
1.1. An application for registration of a scheme on C-VAN service provision, made according to a set form (not printed herein);
1.2. A notarized copy of the business registration certificate of the registering organization, or the investment certificate/investment license, for Vietnam-based foreign organizations;
1.3. The original guarantee certificate of a credit institution or a notarized copy of the insurance policy for compensations for damage which might be caused in the course of providing services of e-custom data message transmission and receipt between customs declarants and customs offices;
1.4. The scheme on C-VAN service provision, consisting of:
a/ A technical plan to meet technical requirements specified in this Regulation;
b/ A detailed business plan stating the scope of service provision and potential service users; quality standards of services; service charge rates; total investment fund and allocation of investment fund for each period; form of investment; capital mobilization plan; human resources;
c/ A contract on rent of technical infrastructure, including equipment system and technical solutions, for organizations renting technical infrastructure of other organizations;
d/ Registered time of connection with the e-customs data processing system for the provision of C-VAN services;
e/ Written commitments to provide services to users for a long term (at least five years) and set up an information technology system with a comprehensive coverage and ready to be connected with the e-customs data processing system at points where e-customs procedures are to be carried out, if the customs office grants a certificate of accreditation of a C-VAN service organization.
2. Receipt of dossiers
Dossiers for registration of schemes on C-VAN service provision must be filed with the General Department of Customs. If dossiers are complete and valid, the General Department of Customs shall issue notices on acceptance of dossiers according to a set form (not printed herein). In case of non-acceptance of dossiers, it shall issue written replies to filing organizations, clearly stating reasons.
3. Examination and issuance of decisions on acceptance of schemes on C-VAN service provision
Within 30 days after receiving a dossier, the General Department of Customs shall examine the filing organizations scheme on C-VAN service provision. If the scheme fully satisfies the conditions specified in Article 6 of this Regulation, the General Department of Customs shall issue a decision on acceptance of the scheme according to a set form (not printed herein). When necessary, the time limit for scheme examination may be extended but must not exceed 60 days from the date of dossier receipt.
If organizations registering C-VAN service provision schemes fail to satisfy the conditions specified in Article 6 of this Regulation, the General Department of Customs shall issue notices on refusal to accept schemes, clearly stating reasons.
4. Public notification of decisions on acceptance of C-VAN service provision schemes
Right after deciding on acceptance of C-VAN service provision schemes, the General Department of Customs shall publicly notify on its website (http://www.customs.gov.vn) the list of organizations that have their C-VAN service provision schemes accepted by the General Department of Customs.
5. Procedures for re-registering the time of connection with the e-customs data processing system for the provision of C-VAN services
5.1. Cases in which the re-registration of the time of connection with the e-customs data processing system is allowed:
a/ Re-registration is filed before the registered time of connection with the e-customs data processing system stated in a dossier for registration of C-VAN service provision scheme;
b/ There is a justifiable reason for the delayed operation of the C-VAN service provision system beyond the registered time.
5.2. Procedures for re-registration of the time of connection with the e-customs data processing system.
a/ Re-registration before the registered time of connection
When organizations file written applications for re-registration of the time of connection with the e-customs data processing system, the General Department of Customs shall examine applications and accept re-registration;
b/ Re-registration after the registered time of commencement of operation of the C-VAN service provision system
Organizations shall file applications for re-registration, clearly stating reasons for the operation delay and re-registration of the time of connection with the e-customs data processing system;
Based on results of dossier examination, the General Department of Customs shall issue decisions on acceptance of re-registration of the time of the C-VAN service provision system operation commencement. In case of non-acceptance, it shall reply in writing, clearly stating reason.
Article 8.- Procedures for effecting the connection of technology information systems of organizations, which have their C-VAN service provision schemes accepted, with the e-customs data processing system
Procedures for effecting the connection of technology information systems of organizations, which have their C-VAN service provision schemes accepted, with the e-customs data processing system are as follows:
1. Organizations notify in writing the General Department of Customs of registration of the time of official connection with the e-customs data processing system.
2. After receiving written registrations of official connection from organizations, the General Department of Customs shall:
2.1. Inspect and survey information technology systems of organizations;
2.2. Issue notices on procedures for effecting the connection to organizations within 15 working days after receipt of official registrations;
2.3. Make written records of recognition of connection according to a set form (not printed herein).
Article 9.- Grant of certificates of accreditation of C-VAN service organizations
Based on written records of recognition of successful connection of organizations information technology systems with the e-customs data processing system, the General Department of Customs shall:
1. Grant certificates of accreditation of C-VAN service organizations to organizations that have completed connection with the e-customs data processing system according to a set form (not printed herein).
2. Publicly notify on its website http://www.customs.gov.vn the list of organizations that are granted certificates of accreditation of C-VAN service organizations.
Section 2. PROCEDURES FOR SUSPENSION OR WITHDRAWAL OF CERTIFICATES OF ACCREDITATION OF C-VAN SERVICE ORGANIZATIONS
Article 10.- Cases of suspension
1. C-VAN service organizations operate for purposes other than those stated in certificates of accreditation of C-VAN service organizations.
2. C-VAN service organizations fail to satisfy any of the conditions specified in Article 6 of this Regulation throughout the course of service provision, as mentioned in dossiers for registration of C-VAN service provision schemes.
3. Courts or competent state agencies rule or issue decisions on suspension.
Article 11.- Procedures for suspension
When an agency in charge of state management and sanctioning of administrative violations related to e-customs transactions detects that C-VAN service organizations commit acts specified in Clauses 1 and 2, Article 10 of this Regulation, it shall make written records of violations and forward dossiers of violation cases to the General Department of Customs for consideration and issuance of decisions on suspension of operation of violating organizations.
Right after receiving a decision of operation suspension made according to a set form (not printed herein) by the General Department of Customs or a court or a competent state agency, a C-VAN service organization shall:
1. Suspend the connection with the e-customs data processing system.
2. Refrain from entering into new contracts on C-VAN service provision with customs declarants.
3. Terminating the causes leading to the suspension of C-VAN service provision within 10 days after receiving the suspension decision.
4. Solve other problems related to the provision of C-VAN services together with customs declarants and customs offices.
Within one working day after issuing a suspension decision, the General Department of Customs shall notify such decision on its website http://www.customs.gov.vn.
Article 12.- Cases in which C-VAN service organizations have their certificates of accreditation withdrawn
1. Forging documents, supplying inaccurate information in dossiers for registration of C-VAN service provision schemes.
2. Failing to commence the provision of C-VAN services within 12 months after being granted certificates of accreditation of C-VAN service organizations.
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