LAO PEOPLE’S DEMOCRATIC REPUBLIC

PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

 

                                                                                             Ministry of Finance                                                                                            

No. 4217 /MOF

Vientiane Capital, date 28 December 2018

 

Instruction

on the Utilization of Lao National Single Window

 

-     Pursuant to the Prime Minister’s Order no. 02/PM, dated 01 February 2018 on the Improvement of Regulation and Coordination Mechanism for Doing Business in Lao PDR;

-     Pursuant to the Decision of Ministry of Finance no. 2109/MOF, dated 26 June 2015 on the Implementation of Lao National Single Window;

-     Pursuant to the Notification of Ministry of Industry and Commerce no. 0076/MOIC.DIMEX, dated 13 January 2012 on Goods Subject to Automatic and Non-Automatic Import or Export Licensing;

-     Pursuant to the Report of Customs Department no. 07522/CD, dated 04 December 2018 and no. 08002/CD, dated 14 December 2018.

 

In order to promote the efficiency and effectiveness of the import management of goods, item which aims to enhance the trade facilitation as the guidance from the government,

 

Minister of Finance instructs:

1. Objective

This instruction determines the principle, procedure, method and measure on the utilization of Lao National Single Window for import and export management of goods, item to ensure the compliance with law and regulation in legal, transparent, strict manner and turn into the modernization and in consistency with the international standard and regulation which aims to build the readiness integrated with ASEAN Single Window.

2. General Principle

• The government agencies concerning to import and export of goods, item shall use the Lao National Single Window for the management, licensing and customs declaration which aims to reduce procedure, time, cost for the operator and reduce the paper use, and turn into the electronic system to enhance the accuracy and clarity for the import and export management of goods in efficient manner.
• The concerned government agencies shall enhance the coordination and collaboration among the government agencies and the collaboration with private sector to implement the system in high effectiveness.
• The operator who joins the practical implementation of the system shall take lead in improving form, mechanism and method of its business administration and operation if necessary, to be able to implement the system flexibly.

3. Scope

This instruction uses particularly for the implementation of Lao National Single Window in the management, licensing, certification, customs declaration and payment of duty and other charges of goods, item import and export in compliance with law and regulation.

4. Explanation of Terms

• Lao National Single Window, acronym is “LNSW”: is an electronic declaration system which grants the government agency and private sector concerning to the import, export and transit of goods can exchange information and document via the LNSW to proceed the request for a license and issuance of a license (or renew a license) as specified in law and regulation of each concerned government agency.
• Automated System for Customs Data, acronym is ASYCUDA: is an electronic system which Customs uses for the management of customs declaration, statistics collection, price database, accounting and the integration into other service systems.

5. User Registration of Lao National Single Window

       5.1. User Registration for Government Agency

       5.1.1. Condition

An Officials of concerned government agency who wish to register as an user of the LNSW shall have the following conditions:

1. Shall be a person who takes responsibility concerning to the management, inspection and licensing for import and export of goods, item;
2. Shall has a basic knowledge in using computer and internet for the performance;
3. Shall pass the training on the utilization of the LNSW organized by the Joint Development Company of the LNSW;
4. Shall has an e-mail address for communication and utilization of the LNSW;

        5.1.2. Request for User Code

1. A Director General of concerned department requests in writing to the Joint Development Company of the LNSW to generate the user code for an officials who take responsibility concerning to the utilization of the LNSW (An application form on the user code generation for an officials is specified the annex 1);
2. The Joint Development Company of LNSW checks the accuracy and generate the user code for each officials;
3. The LNSW will automatically send the user code and password to the user via e-mail address of that person directly.
4. The user can sign in the LNSW immediately once received the user code via e-mail address.

        5.1.3. Cancellation

Any concerned department wishes to cancel any user code due to the replacement of new officials and others. The department shall inform in writing to the Joint Development Company of LNSW for acknowledgment to cancel the user or generate the new code instead.

 

        5.2. User Registration for Operator

        5.2.1. Condition

A company staff who wishes to register as an user of the LNSW shall have the following conditions:

1. Shall be a staff of import and export company, transport service company, shipping service company, customs broker and other companies that has activity concerning to the import and export business of goods, item;
2. Shall pass the training on the utilization of LNSW organized by the Joint Development Company of LNSW;
3. Shall has an e-mail address for communication and utilization of the LNSW.

        5.2.2. Request for User Code

1. A Director of company who wishes to use the LNSW shall request in writing to the Joint Development Company of LNSW with the name and responsibility of nominee concerning to the request for a license and customs declaration for import and export of goods (An application form on the user code generation for a company staff is specified the annex 2).
2. The application form of user registration shall attach the relevant documents as follow:

• Enterprise Registration Certificate
• Certificate of Tax Identification Number (TIN)
• Annual Tax Payment Certificate
• Training Certificate on the Utilization of the LNSW

3. The Joint Development Company of LNSW checks the accuracy and generate the user code for each staff, then send via the system to the Customs Department for approval;
4. The Customs Department checks the accuracy and approve the registration to the company staff.
5. The LNSW will automatically send the user code and password to the user via e-mail address of that person directly.
6. The user can sign in the LNSW immediately once received the user code via e-mail address.

        5.2.3. Cancellation

Any movement or replacement of a company staff who takes responsibility concerning to the utilization of the LNSW, the company shall inform in writing to the Joint Development Company of LNSW for acknowledgment to cancel the user or generate the new code instead.

        5.3. Determination of User Type

The user of LNSW is classified into many types as the rights, functions and responsibilities. The request for the user code shall identify clearly the type code of user with reference to the type table of user as specified in annex 3.

 

6. The Management of the Issuance of License and Certificate

• An operator who wishes to import or export goods, item which managed by the concerned government agency shall request for import or export license of goods, item as specified in law and regulation by using the LNSW for documentation, attachment of relevant documents and submission via the system electronically.
• The concerned government agencies shall use the LNSW for receiving and studying the application form as specified in law and regulation and considering the issuance of import or export license via the system by using electronic signature and stamp.
• After the issuance of license, the LNSW will send the license in electronic form to the requesting company via e-mail address.

7. Customs Declaration

• After the issuance of import or export license of goods, item from the concerned government agency, in actual import, the operator shall use the LNSW for declaration of goods transportation and use the ASYCUDA for detailed customs declaration.
• For the import and export of goods, item that not require to request for a license from concerned government agency, an operator shall use the LNSW for declaration of goods transportation and use the ASYCUDA for detailed customs declaration.
• The payment of licensing fee, duty, tax, service charge and other charges related to import and export of goods, item shall proceed in centralized payment via the LNSW that integrated with bank system to ensure the payment in speedy, accurate and transparent manner. The payment shall proceed after the approval of customs declaration.
• The Customs Department shall use the LNSW in managing and inspecting the issuance of license, data of transportation and goods and warehouse management.

8. Customs Declaration

• The Joint Development Company of LNSW takes lead in providing the service system for the user both government agency and private sector with high responsibility, to ensure the continuity of use and the technical solution in timely manner.
• Any emergency such as: power off, unconnected network signal, fire, flood and other force majeures which not be able to use the LNSW shall carry out as follow:

1. An user who found a technical problem and interruption of the system shall inform the Joint Development Company of LNSW immediately by contact to telephone number: 030 7776699 or e-mail: [email protected] or can directly contact to the task team who takes responsibility of the system on 3^rd Floor of Green Building, Naxay Village, Xaysettha District, Vientiane Capital.
2. The Joint Development Company of LNSW shall, in collaboration with relevant sector to solve a problem immediately.
3. If not be able to solve a technical problem and interruption of the system within two hours, an operator and concerned government agency shall turn into paper-based system temporarily.
4. After the system can use properly, an operator and concerning government officer shall return to the system immediately.

9. Prohibition

• An user of the LNSW is prohibited to give his/her user code and passport to others absolutely.
• An user of the LNSW is prohibited to use the system for illegal activities such as: theft of confidential data in the system, the adjustment or counterfeiting of data, document or any action that create the system interrupted and law and regulation violation.

 

10. Measures against Violators

Any utilization of the LNSW in illegal activity is found, the Customs Department is assigned in collaboration with relevant sector to carry out warning, abeyance and as far as the cancellation of the user code to several violation cases and a serious impact. Any violation which create the damage to the LNSW shall carry out the prosecution.

 

11. Implementation

• The concerned government agency is assigned to study and create an instruction on procedure in detail related to its responsibility.
• The practical implementation shall carry out in gradual manner with the commencement of the utilization of vehicle import management as a prior step. Then, extending to the import and export management of other goods when it is ready.
• To ensure the effectiveness of the implementation and extension of the LNSW, the Customs Department is assigned to act as a secretariat and a focal point for the development of the system, to study, create and sign the MOU with the relevant sector to determine the right, function, responsibility and the collaboration on information exchange and other documents via the LNSW.
• The Joint Development Company of LNSW is assigned in collaboration with the Customs Department to organize the training and dissemination on the utilization of the LNSW for the concerned government agencies and private sector widely.
• The Customs Department is assigned to take lead in implementing, monitoring, inspecting, evaluating and reporting the progress to Ministry of Finance regularly.
• This Instruction shall become effective after the date of signature and fifteen days after the publication in the Official Gazette.

 

Minister of Finance

Somdy DOUANGDY