Ministry of Industry and Trade has not yet responded to express official letter on National Single Window

VCN- The express official letter sent by the Standing Office of National Steering Committee on ASEAN Single Window (ASW), National Single Window (NSW) and Trade facilitation (hereinafter the Committee 1899) to the Ministry of Industry and Trade for information exchange on the connection of the ministry’s  procedures to NSW. But over the past 2 months, the Ministry of Industry and Trade has not yet responded about this issue.
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According to the information on NSW Portal, the Ministry of Industry and Trade has connected only 6 procedures to NSW.

On 19th September 2018, the General Department of Vietnam Customs-the Standing Office of Committee1899 sent Express official letter 5443/TCHQ-CNTT to the Ministry of Industry and Trade (Industry Department, Import-Export Duty Department, E-Commerce Department) related to the NSW connection.

Accordingly, the General Department of Vietnam Customs received the draft process on carrying out “procedures for importing medicine for non-commercial purposes” and “procedures for notification of import quotas of cigarette raw materials and cigarette rolling paper” via NSW.

After considering, the General Department of Vietnam Customs agreed with the content of the draft on the procedures for importing medicine for non-commercial purposes.

However, for “the procedures for notification of import quotas of cigarette raw materials and cigarette rolling paper”, the General Department of Vietnam Customs has requested the Industry Department to specify some contents.

Specifically, Article 36 Decree 67/2013/ND-CP dated 27th June 2013 on management of the import of cigarette raw materials and cigarette rolling paper provides the management rules for “the import of cigarette raw materials and cigarette rolling paper” for domestic consumption or export processing and production, and does not provide the management rules for the import of cigarette raw materials and cigarette rolling paper to study the pilot production as described in the draft process.

Chapter IV of Circular 21/2013/TT-BTC dated 25th September 2013 stipulates the form of application for importing cigarette raw materials and cigarette rolling paper including the form of application for importing of cigarette raw materials and cigarette rolling paper (for production of cigarette products for domestic consumption- the report form in Appendix 58, 59).

The application form for import of cigarette raw materials, cigarette rolling paper for export production or processing (Appendix 60, 61).

Excluding the form of application for cigarette import for pilot production as the draft content.

On the other hand, Article 23 of Circular 21 provides the functions and duties of relevant units (under the Ministry of Industry and Trade) such as: Light Industry Department, Domestic Market Department, Market Management Department, Department of Industry and Trade. However, it does not specify the responsibility of the unit in charge of the receiving, monitoring and management of applications for importing cigarette raw materials and cigarette rolling paper.

Pursuant to these regulations, the General Department of Vietnam Customs has proposed the Industry Department to specify the legal basis for carrying out administrative procedures of application for the import of cigarette raw materials and cigarette rolling paper for the pilot production.

What documents stipulate the application procedures and what documents are included? It is requested to provide the form of the documents. Which units under the Ministry of Industry and Trade are responsible for receiving, monitoring and managing this procedure?

In case of still operating this procedure on the NSW system, the General Department of Customs requests the Industry Department to clarify that whether the documents released by the Ministry of Industry and Trade on the system is the basis for clearing goods or not?

The official letter of the Committee 1899 emphasized that in order to unify the process for carrying out these administrative procedures via NSW, the General Department of Vietnam Customs has requested the Department to send its comments to the General Department of Vietnam Customs before 20th September 2018.

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Notably, although the express official letter was sent since 19th September and on 22nd October the General Department of Vietnam Customs added official letter 6171/TCHQ-CNTT requesting the Ministry of Industry and Trade for response, until now the Committee 1899 has not yet received the response from the Ministry of Industry and Trade.

The Committee 1899 said that the delay of the Ministry of Industry and Trade for the request in Official Letter 5443/TCHQ-CNTT has affected the progress of NSW deployment.

In order to ensure the progress of NSW deployment under the Prime Minister's direction in the Action Plan for promoting of NSW, ASW and reforming the specialized inspection for import and export goods and trade facilitation for 2018 – 2020, on 8th November 2018, the General Department of Vietnam Customs continuously sent express official letter 6534/TCHQ-IT requesting the Ministry of Industry and Trade to give comments on the content in Official Letter 5443/TCHQ before 14th November 2018.

By Thai Binh/Ngoc Loan

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