Adoption of international conventions on exchange of information and e-documents

WVR - Chapter 5, Decree No. 85/2019/ND-CP dated November 14, 2019 regulates on adoption of international conventions on exchange of information and e-documents to carry out administrative procedures via national single window.
Chapter 5, Decree No. 85/2019/ND-CP regulates on adoption of international conventions on exchange of information and e-documents to carry out administrative procedures. (Source: tapchitaichinh)
Chapter 5, Decree No. 85/2019/ND-CP regulates on adoption of international conventions on exchange of information and e-documents to carry out administrative procedures. (Source: tapchitaichinh)

Article 37. Implementation of international agreements and conventions on exchange of information and e-documents

1. The VNSW shall act as the contact point for receipt and exchange of information and e-documents of Vietnamese state agencies with bodies and organizations of countries and territories which have signed agreements or conventions on exchange of information and e-documents with Vietnam (“co-signatories").

2. Exchanged contents and technical standards shall adhere to concluded international agreements and adopted international conventions.

Article 38. Legal value of information and e-documents exchanged according to international agreements and conventions on exchange of information and e-documents

Requirements for information and e-documents exchanged between Vietnamese state agencies and bodies and organizations of co-signatories via the VNSW to have legal value equivalent to that of physical documents:

1. They meet all requirements prescribed by international agreements and conventions on exchange of information and e-documents to which Vietnam is a signatory (“exchange agreements”).

2. They are recognized to have legal value equivalent to that of physical documents by exchange agreements.

3. They meet all the requirements specified in Clause 3 Article 14 herein.

Article 39. Implementation of ASEAN Single Window

1. Exchange, use and sharing of information and e-documents via the VNSW to implement the ASW must be carried out according to agreements on ASW implementation concluded or acceded to by Vietnam.

2. Information and data exchanged and shared by the NSW of a member state to the NSW of another member state via the ASW shall be used and stored according to regulations of agreements on ASW implementation concluded or acceded to by Vietnam.

3. Customs authorities shall use the information and e-documents transmitted and exchanged via the ASW to grant clearance to exports, imports and in-transit goods and to exchange and share information with relevant ministries.

Article 40. Responsibilities of supervisory ministries for information exchange to implement international agreements and conventions on information and e-document exchange

1. The Ministry of Finance shall take charge and cooperate with relevant ministries and regulatory bodies in:

a) Developing and deploying the VNSW to implement the ASW and exchange information with co-signatories;

b) Proposing mutual recognition of information and e-documents exchanged with other countries and territories to simplify dossiers and procedures and facilitate clearance and release of imports, exports and in-transit goods; and entry, exit and transit of persons and vehicles.

2. The Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Transport, Ministry of Finance and relevant ministries and regulatory bodies shall cooperate with each other in exchanging information, electronic documents of origin, electronic quarantine documents, transport documents and other relevant commercial documents with ASEAN member states and other countries and territories via the VNSW.

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