ASEAN Single Window
Hearing Survey in 2012
Issues to be Studied

December 2012

JASTPRO
Japan Association for Simplification of International Trade Procedures

INDEX
1

General Scope ................................................................................................. 1
1.1 Background of the Survey ......................................................................... 1
1.2 Survey Method and the Time of the Survey ............................................. 1
1.3 Disclaimer .................................................................................................. 2

2

The ASEAN Single Window and the National Single Windows .................. 2
2.1 Two different concepts of “Single Window” ................................................. 2
2.2 Purposes of these Single Windows ............................................................. 2

3

The Model of ASEAN Single Window ........................................................... 3
3.1 Variation of Models for Regional Single Window ......................................... 3
3.1.1 Centralized Gateway Model .................................................................. 3
3.1.2 Distributed Gateway Model ................................................................... 4
3.2 Program towards the live implementation .................................................... 5

4

Legal Framework for ASEAN Single Window .............................................. 6

5

Issues to be studied ...................................................................................... 6
5.1 Number of different types of document........................................................ 6
5.2 Improvement of efficiency of regional trade ................................................. 6
5.2.1 By means of Standardization of Official Documents.............................. 6
5.2.2 Expansion to Commercial Documents .................................................. 8
5.3 Binding Force of ASEAN Single Window Legal Framework Agreement ...... 8

6.

National Single Windows.............................................................................. 10
6.1 Indonesia .................................................................................................. 10
6.1.1 Outline ................................................................................................ 10
6.1.2 18 Participating Government Agencies and their systems .................. 10
6.1.3 Variation of Document Format prepared for the service: ..................... 11
6.1.4 Record (approximate figures) ........................................................... 11
6.1.5 Fee for usage ..................................................................................... 11
6.1.6 Governmental structure to promote the National Single Window ........ 12
6.1.7 Domestic Legal Framework for digital transactions ............................. 13
6.1.8 Whole scope of Import/Export related systems in Indonesia ............... 14
6.1.9 Issues in relation with INSW ............................................................... 15
6.1.10 Other information .............................................................................. 15
6.2 Malaysia .................................................................................................... 15
6.2.1 Outline ................................................................................................ 15
6.2.2 Participating Parties ............................................................................ 16
6.2.3 Record by Document Formats prepared for the service ...................... 17

6.2.4 Fee for usage ..................................................................................... 18
6.2.5 Domestic Legal Framework for digital transactions ............................. 19
6.2.6 Other Information................................................................................ 20
6.3 Philippines ........................................................................................... 20
6.3.1 Outline ............................................................................................... 20
6.3.2 Participating Government Agencies ................................................. 21
6.3.3 Document Formats prepared for the services .................................. 22
6.3.4 Record ................................................................................................ 22
6.3.5 Fee for usage ..................................................................................... 23
6.3.6 Domestic Legal Framework for digital transactions ........................ 23
6.3.7 Issues on PNSW ................................................................................ 24
6.3.8 Other Information ............................................................................. 26
6.4 Singapore ................................................................................................. 26
6.4.1 Outline ............................................................................................... 26
6.4.2 Participating Government Agencies ................................................. 27
6.4.3 Document Formats and the respective Systems that handle them . 27
6.4.4 Record ................................................................................................ 28
6.4.5 Formation of the service to users and its fee system ....................... 28
6.4.6 Domestic Legal Framework for digital transactions ........................ 29
6.4.7 Issues on Trade Net .......................................................................... 30
6.4.8 Other Information ............................................................................. 30
6.5 Thailand ................................................................................................... 31
6.5.1 Outline ............................................................................................... 31
6.5.2 Participating Government Agencies ................................................. 31
6.5.3 Document Formats prepared for the services .................................. 31
6.5.4 Services provided by National Single Window ................................. 32
6.5.5 The functions that Thailand National Single Window provides...... 32
6.5.6 Record ................................................................................................ 33
6.5.7 Fee for usage ..................................................................................... 34
6.5.8 Domestic Legal Framework for digital transactions ........................ 34
6.5.9 Other Information ............................................................................. 35
6.6 Vietnam ................................................................................................... 35
6.6.1 Outline ............................................................................................... 35
6.6.2 Participating Government Agencies ................................................. 36
6.6.3 Expected services of VNACCS .......................................................... 36
6.6.4 Domestic Legal Framework for digital transactions ........................ 37

6.6.5 Issues on VNACCS: ........................................................................... 39
6.6.6 Other Information: ............................................................................ 40
6.7 Lao PDR ................................................................................................... 40
6.7.1 Current Situation .............................................................................. 40
6.7.2 National Single Window Preparatory Committee............................ 41
6.7.3 Issues on establishing the National Single Window of Lao PDR..... 41
6.7.4 Two different proposals for Lao PDR National Single Window ....... 42
6.7.5 Domestic Legal Framework for digital transactions ........................ 43
6.8 Cambodia ................................................................................................. 43
6.8.1 Current situation .............................................................................. 43
6.8.2 Probable Participating Government Agencies ................................. 43
6.8.3 Probable Policy on usage Fee ............................................................ 44
6.8.4 Domestic Legal Framework for digital transactions ........................ 44
6.8.5 Laws on Electronic Documents ......................................................... 44
6.8.6 Other Legal Issues ............................................................................ 44
6.8.7 Issues on building the National Single Window .............................. 44
7 Conclusion ...................................................................................................... 45
7.1 Corner stone for ASEAN Community ..................................................... 45
7.2 Public Service System of Government Agencies ..................................... 45
7.3 Domestic Law to support Effectiveness of e-Documents ........................ 45
7.4 Importance to have the Standard of ASEAN Single Window ................ 46
7.5 Issues to be studied ................................................................................. 46

1

General Scope

1.1

Background of the Survey

ASEAN is now working to compose the “ASEAN Community” by 2015. In
the ASEAN Economic Community Blueprint, elaborated in 2007, it isregarded that the ASEAN Single Window is an important element to allow
the Free Circulation of Goods, reinforcing ASEAN as a “Single Market andSingle Production Base”. The ASEAN Single Window is, in that sense, said
to be the Corner Stone of ASEAN Community.
2012 is the target year to establish the ASEAN Single Window and eachcountry shall complete their National Single Window ready to be linked to
the ASEAN Single Window, although for the Least Developed Countries theallowance of another 3 years has been given, i.e. by 2015.
JASTPRO, Japan Association for Simplification of International Trade
Procedures, which was established in December 1974, as an organization inorder to facilitate the simplification of trade-related procedures in Japan,
has much concern in the ASEAN Single Window Project and conducted asurvey this year, the year of mile stone of the said Project, to know thecurrent situation and the issues to be studied.
1.2

Survey Method and the Time of the Survey

The survey has been conducted by reviewing related information on web
sites and also by direct Hearing to the responsible persons of the ASEAN
Single Window and the persons related to National Single Window of eachcountry.
The survey has been carried out by Mr. Kokichi Watanabe, Senior
Advisor of JASTPRO, from July 1 to October 31 in 2012, and the hearing
survey has been conducted as follows: July 30 ～ August 15:
Indonesia → Singapore → Malaysia → Thailand → Vietnam →Philippines September 16 ～ 22:
Lao PDR → Cambodia

1

1.3

Disclaimer

The major part of the information, mentioned in this report, is obtained
through the hearing survey. As the nature of the hearing survey, there isroom that some personal opinions of interviewees or somemisunderstandings of interviewer could be included.
Under no circumstances, JASTPRO or any persons related to the survey
and to the report will be liable to anybody for any incidental or consequential
damages, if any, that would be caused by this report.

2

The ASEAN Single Window and the National Single Windows

2.1 Two different concepts of “Single Window”
In ASEAN a “National Single Window” is defined as a SYSTEM (in manycases, it will be equipped with some physical server systems and associatedmechanical facilities) that enables:
a. a single submission of data and informationb. a single and synchronous processing of data and informationc. a single decision making for customs release and clearance
On the other hand the “ASEAN Single Window” is defined as the
ENVIRONMENT (actually it will mean a kind of Network system) where
National Single Windows of Member Countries are operated and are
integrated all together.
Although the same wording “Single Window” is used for both ASEAN
Single Window and National Single Window, the concept is quite different
each other as above that should be distinguished clearly.
2.2

Purposes of these Single Windows

The purposes of the ASEAN Single Window are as follows in accordancewith ASEAN Economic Community Blueprint item 16:“Simple, harmonized and standardized trade and customs processes,
procedures and related information flows are expected to reduce transaction
costs in ASEAN which will enhance export competitiveness and facilitate theintegration of ASEAN into a single market for goods, services andinvestments and a single production base.”
2

The purposes of the National Single Window are as follows in accordancewith ASEAN Economic Community Blueprint item 18:“Expedite the customs clearance, reduce transaction time and costs, andthus enhance trade efficiency and competitiveness.”

3

The Model of ASEAN Single Window

3.1

Variation of Models for Regional Single Window

Gateway is the facility with which international trade data exchange isrealized between two parties concerned through Regional Single Window. (Incase of ASEAN, such Gateway is called “ASW Gateway”.) Regional Single
Window will be categorized into two Models depending upon where such
Gateway is installed: the “Centralized Gateway Model” whereby the
Gateway is installed in a single Central Server for the common use of allparticipating countries, and the “Distributed Gateway Model” whereby the
Gateway is installed separately in the national network perimeter of eachparticipating country.
3.1.1

Centralized Gateway Model

If the Centralized Gateway Model were adopted for ASEAN Single
Window, it will involve the centralized hosting of the ASW Gateway in aCentral Server whereby trade data exchange between any 2 ASEAN Member
States will pass through the Central Server, hosting the ASW Gateway.
The structure of Centralized Gateway Model is comparatively simple,
because just one Central Server supports whole scope of Regional Single
Window. However in reality, Centralized Gateway Model has not been taken
as ASEAN Single Window caused by various issues like followings:
a. In which country such Centralized Gateway Facility (Central Server)
could be installed. (political issue)b. Whether or not it is a problem that the trade-related data between
exporting country and importing country is transmitted via a third
country where the Central Server is installed. (political issue)c. Such Central Server could be an eye-catching target of cyber terrorism(technical issue)
33.1.2Distributed Gateway Model

ASEAN has taken a method to use a common and regionally developed
Gateway application to be installed within the national network perimeter of
each ASEAN Member State to connect with each National Single Window.
The common Gateway application is called the ASW Gateway Application.
(1) ASW Gateway Application:
The ASW Gateway Application is centrally developed and hosted byeach ASEAN Member States. Each ASEAN Member States has theirown ways to connect their respective National Single Window to thisASEAN Gateway Application and security is also under their full
purview.
(2) Distributed Gateway Model:
The ASW Gateway Applications hosted by every ASEAN Member
State are connected each other through a secured network andintegrally realize the functions similar to the Central Server of theCentralized Gateway Model. The exchange of data between sending
and receiving parties concerned is transmitted directly between thesame ASW Gateway Applications.
(3) Node for access from outside ASEAN:
A new participant outside ASEAN can connect to the ASW regional
network via the international node of the ASW secure networkarchitecture for sending and receiving data to and from any of the
National Single Window. By accessing to the ASW regional network,
they can connect with any of the ASEAN Member States. In this way,
it can provide a smart service to the parties outside the Region that
intend to exchange data with any of the ASEAN Member States andat the same time without compromising data security.
(4) Regional Services:
The ASEAN Single Window will have a facility to administrate andmaintain the standard formats, codes and other basic information of
ASEAN Single Window. Such facility will be called “Regional
Services”. The standard formats, templates, codes etc... will becustomized, even without being aware of it, while they are used
between many pairs of ASEAN countries bilaterally without Central
Server. Therefore a kind of Library to refer the “Standard” or4

“Original” of ASEAN data document formats will be necessary for
maintaining the harmonization of the ASEAN Single Window.
The Chart 1 below shows the Model of ASEAN Single Window.

Chart 1Model of ASEAN Single Window (Distributed Gateway Model)(source: material distributed at the Asia-Pacific Trade Facilitation Forum
APTFF 2012 in Colombo)

3.2

Program towards the live implementation“Distributed Gateway Model” is in process to be selected as the approved

Model of the ASEAN Single Window and a pilot project with a scaled-down
architecture is underway among seven ASEAN Member States except
Cambodia, Myanmar and Lao PDR.
The pilot of the full-fledgedarchitecture is expected to be carried out in 2013 followed by a fullevaluation. The result of the evaluation of the pilot on the full-fledgedarchitecture will be available in 2014. The result of the evaluation will help
ASEAN to decide on the ultimate ASW for its ‘live’ implementation in 2015.

5

4

Legal Framework for ASEAN Single Window

Working Group on Legal and Regulatory Matters is planning to conclude
the ASEAN Single Window Legal Framework Agreement in 2013. In
preparation for this, each member country is going to conduct a gap analysis
between the probable contents of the Agreement and Domestic Laws andRegulations. It is said that the basic policy is to avoid as much possible theinconsistency between the ASEAN Single Window Legal Framework
Agreement and the Domestic Legal Framework of each country.

5

Issues to be studied

5.1

Number of different types of document

It is obvious that a National Single Window can’t send a Data Document
to another National Single Window, if the recipient side doesn’t handle such
type of Data Document, even if both of them are under the scheme of ASEAN
Single Window. It means that it is the Key factor for the efficient use of
ASEAN Single Window to increase the number of types of documents to behandled commonly among all National Single Windows of ASEAN countries.
For example, in case of Manifest (detailed list of loaded cargo), as it isreported specifically in the item 6 below, in the current situation of the
National Single Windows, depending on the country, it is handled by aproper Port System operated independently, out of the scope of the National
Single Window. Manifest information may have much necessity in future to
be transferred internationally for security reason. It will be desirable thatsuch information would be included within the items of the service of ASEAN
Single Window.

5.2

Improvement of efficiency of regional trade

5.2.1
5.2.1.1

By means of Standardization of Official Documents
Customs Declaration

ASEAN has set up a standard and common format for Customs
Declarations with the name of “ASEAN Customs Declaration Document
6

(ACDD)”. ACDD was developed using the SAD1 as a basis/reference. Out of
the numerous variation of information, piled up by the requirements fromeach Customs of ASEAN Member States, 48 information parameters,commonly required by most of the Member States, have been picked up tocompose the ACDD. The current stage of ACDD is that ASEAN Member
States are still exploring the options on the usage of the ACDD at theregional level. It has been decided that as long as the 48 information
parameters (except for one Member State who has agreed on 34) are in thenational data set of customs, the ASEAN Member States is considered tohave complied with ACDD.
Applying the idea which is frequently studied for the exchange of
Declaration data between Export country and Import country, one of theusages of ACDD may be considered as follows:
The Export Declarations in ACDD format are sent from the Export
country to the Import Country where the Importers pick up the same in their
National Single Window (Import country) and fill up vacant boxes with theinformation necessary for the Import Declaration. As Importers do not needto input certain boxes of ACDD that are already filled up by Exporters,
Importers can save their labor correspondingly. In this way it may bepossible to make the over-all trade-related procedures in ASEAN region
more efficient, theoretically.
However the Customs of Import country examines Import Declarations
very strictly, because it is directly related to the Duty, while the Export
Declarations, in some countries, are required just for statistic record withless severe control and sometimes with time allowance of one week or soafter shipment. Therefore we should be cautious on the following points:
a. whether significant portion of ACDD is filled up by the Exporters
b. how accurate is the data in Export Declarationc. if the Export Declaration can reach in time for Import Declaration
In case of the cross-border trade between the head quarter of a company(importer) and the over-seas subsidiary company (exporter), for example, thescheme of exchanging ACDD works adequately. The importer can instruct tothe exporter to fill up the ACDD format for Export Declaration with exact
Single Administrative Document
The export and import declaration format commonly used in EU
1

7

data as much detail as, and as soon as possible. So, it is case by case whether
or not the exchange of ACDD can be an efficient tool to facilitate the customs
procedure.
5.2.1.2

Other Certificates etc…

ASEAN has a standard format for Preferential Certificate of Origin called
ATIGA Form D, with which various data exchange trials are conductedamong ASEAN countries with satisfactory results. Other Certificates such as
Sanitary and Phytosanitary Certificates are also the targets to be exchanged
under ASEAN Single Window.
In this way, the data formats of many types of Official Documents,
related to the customs procedure, are standardized in ASEAN region to be
used in ASEAN Single Window. This is very advantageous not only forexchanging data in ASEAN region, but also for getting favorable reception
from other countries outside ASEAN. Trading partners outside ASEAN neednot study country by country the data formats of Official Documents,
because they are standardized and the same formats are used in all 10
ASEAN countries.
5.2.2

Expansion to Commercial Documents

Although the Digitalization and Standardization of Official Documents
bring about certain advantages to ASEAN, the total volume of transactionsof Official Documents, related to the trade procedures, are limited, comparedwith the volume of transactions of the B-B Commercial Documents such as
Invoice, Packing List, B/L Waybill etc… Therefore in order to make gooduse of ASEAN Single Window, it will be extremely important that
Commercial Documents are exchanged among Business parties. In thissense, it will be necessary to equip fully the Standard Formats ofCommercial Documents and also establish an e-Commerce environment
where Business parties can be confident in the effectiveness of electronic
documents and in the legal preparedness for commercial conflicts, caused by
the electronic transactions.
5.3

Binding Force of ASEAN Single Window Legal Framework Agreement< In order to encourage Business parties to exchange their Commercial
Documents through ASEAN Single Window >8In the “Protocol to Establish and Implement the ASEAN Single Window”
Article 7 Point 4, it is mentioned as follows:“The access to, exchange, use, legal validity, and confidentiality of dataand information in the framework of the ASEAN Single Window are subject
to the national laws and regulations of the respective Member Countries.”
This principle may cause some doubt to Business Parties. If the legal
validity of data and information in the framework of the ASEAN Single
Window are not uniformly guaranteed by the ASEAN Single Window Legal
Framework Agreement, and are left subject to the endorsement by nationallaws and regulations of each ASEAN countries, the sender of the Datathrough ASEAN Single Window shall get the prior confirmation of therecipient that such electronic documents and such kind of electronictransaction is valid in the Laws and Regulations in the country of recipient.
It is not practical.
Under such circumstances, it will be a bit difficult to promote the use of
ASEAN Single Window for the data exchange of Business Documents.
It will be worth study to make the power of Legal Framework Agreement
strong enough to supersede the Domestic Laws and regulations when thescheme of ASEAN Single Window is applied for the commercial transactions,in order that all Business parties can use it with confidence, not worrying
about effectiveness and enforceability of the electronic commercial
transactions.

96.

National Single Windows--- Current situation of ASEAN Member Countries --The results of hearing survey mentioned in above item 1.2 aresummarized in the following items.

6.1

Indonesia

6.1.1

OutlineName:
Indonesia National Single Window (INSW)
Web site:
http://www.insw.go.id/
Started:
2007
Official Launching : 2010 by President of the Republic of Indonesia
Operator:
PT EDI Indonesia
PT EDI Indonesia has been established in 1995 by the
resolution 89/HK/501/PPT-95, financially supportedby the national budget through Customs for theoperation of the EDI Network Services and National
Single Window indirectly.
Superintendent:
Ministry of Finance
Coordinating Ministry of Economic Affairs
The preceding system, the Customs EDI, has been developed in
1996. Later on, in compliance with the agreement accorded among
ASEAN countries to establish the ASEAN Single Window, it was
intended to enhance the Customs Automation System, from EDI
Services to the National Single Window of Indonesia. In this way, theNational Single Window has been started in 2007 applicable for the
Import procedures, and then, in 2009 applicable to Export procedures.
In 2010 the Indonesia National Single Window got into real
operation in 5 principal Ports, and expanded to the total of 10 Major
Ports in 2012.

6.1.2

18 Participating Government Agencies and their systems
Customs

Customs EDI
10

Food and Drug Agency
e-BPOM System
Ministry of Trade,
InaTrade System
Agriculture Quarantine Authority PPK Online
Animal Quarantine Authority
PPK Online
Fishery/Maine Quarantine Agency PPK Online
Ministry of Health
e-Pharm
Postele-Postel System
Nuclear Energy Control Agency
B@US Online

6.1.3

Sea Transportation
Air Transportation
Ministry of Agriculture
Ministry of Energy
Ministry of Environment

INA Port Net
Airport Net
Web Form
Web Form
Web Form

Ministry of Forestry
National Police HQ
Ministry of Defense

Web Form
Web Form
Web Form

Variation of Document Format prepared for the service:
Import related Licenses etc…
Export related Licenses etc…

6.1.4

all formats
all formats

Record (approximate figures)
Number of exchanged data documents:
approx.
Number of traffics:
approx.
Number of INSW registered companies:
approx.

20,000 documents/day
140,000,000/day
18,000(Among them exporters and importers are approx.. 5,500.)
Number of ports where INSW is available: 10 ports
Utilization rate:
100% for those procedures for which
INSW is available. (Mandatory forusers)
6.1.5

Fee for usage
Free of charge for users
All costs are covered by the government11

6.1.6

Governmental structure to promote the National Single Window

The following chart shows the composition of organizations that the Indonesian
government has established, to promote the smooth development of Indonesia
National Single Window.

Chart 2Governmental structure for the National Single Window

In Indonesia, to organize the establishment of NSW, Coordinating
Ministry of Economic Affairs (CMEA) has the mission to coordinate issues
that are related to multiple Ministries on economic and trade affairs. The
promotion of National Single Window is, in view of its nature, one of themandates that CMEA is assigned to take care. As it is shown in above Chart
2, CMEA is playing the important role in the National Single Window
promotion body. The issue is that there are some Government Agencies that
don’t have systems to provide digital service to the public. To have a proper
service system is indispensable for the Government Agency to participate to
the National Single Window. However CMEA is not in a position to provide
12financial supports to such Government Agency to develop their respective
system. Therefore Government Agencies are obliged to negotiate with the
Ministry of Finance individually.
The big concern of the Indonesian government on the promotion of the
National Single Window is that, apart from the necessity to comply with theASEAN Single Window agreement, it will bring about an incidental
advantage to reduce the intervention of human factor to the Import andExport Procedures and consequently it will make possible to increase thetransparency.
6.1.7

Domestic Legal Framework for digital transactions

6.1.7.1 Laws on Electronic Documents
In Indonesia, the Law No.11 of 2008, regarding Electronic
Transactions and Information (so called ITE law) has beenpromulgated in 2008. The principal concept of this law is mentioned
as follows: “Electronic information and electronic documents,
including their printouts, can be considered valid legal evidence,unless the law requires such documents to be in writing”.
6.7.1.2

Digital Signature
The above ETI law also stipulates on the conditions to be applied
for the Digital Signature.
The Digital Signature is required for the cross-bordertransactions for 100%, while for the domestic transactions it is notalways required.
A Certificate Authority (CA) is an entity that provides
Certificates with a pair of Keys, necessary for furnishing Digital
Signatures. In Indonesia there are some private Certificate
Authorities delivering the services, including PT EDI Indonesia (theoperator of INSW). However none of them are endorsed by theIndonesian Government.

6.1.7.4

Other legal issues
Statutory period of preservation for commercial documents by tax
law: 10 years.

136.1.8 Whole scope of Import/Export related systems in Indonesia
In Indonesia the so-called “Two-pillar policy” is taken for the
National Single Window. On this Policy, it is explained by the INSW
Preparatory Team, in March 2011, as follows:“Two-pillar policy is Slightly different with ASW Protocol (Single
Pillar), due to the national interest consideration:
 Trade System is one of the pillars to promote the smooth issuanceof import-export licenses and customs clearance.
 Port System is one of the pillars to encourage the smooth flow ofgoods at the port, especially in relation to cargo release process.”

Chart 3Components of Two-pillar system taken in INSW
14

6.1.9Issues in relation with INSW
Each ASEAN country can register only one system as their
National Single Window. Therefore in case of Indonesia, “Trade
System” of above Chart 3 only is registered as INSW i.e. “Port System”
is not counted as INSW yet.
Regarding to Manifest Data, the Customs are entitled to handle
them by law, but INSW began to accommodate other Government
Agencies with the information on Manifest data that are based on
Master B/L and Master Air Way Bill, getting such data from theCustoms, while for the Manifest Data based on House B/L (or Post
B/L), they remain residing in the Customs back yard systems.

6.1.10

Other information
 AS2/SOA/EDIFACT are applied for the linkage between INSW
and other systems of various Government Agencies.
 ebXML is applied for the data exchange between INSW and ASW
and overseas systems.
 Users are required to access to INSW through Public internet
circuit.
 Web service is also provided to users.
 The “Regional Service”, mentioned in above item 3.1, is realized bya Data Base Server that provides a function like a Library for the
purpose of maintaining the constancy of the ASEAN Single
Window. Everybody can refer the “Standard” and “Original” offormats and codes etc… of ASEAN Single Window to the “Regional
Service”. The Data Base Server for “Regional Services” is locatedat the moment in Indonesia, where ASEAN Secretariat is located.

6.2

Malaysia

6.2.1

OutlineName:
Web site:Started:

myTRADELINK
http://www.mytradelink.gov.myoriginally started in 2009, revamped in June 201215

Operator:

Dagang Net Technologies SdnBhd
Dagang Net is a Service Provider established in 1989
to provide services of EDI (Electronic Data
Interchange) and e-Commerce. A part of the Capital isinvested by Malaysian government indirectly.2
Superintendent:
Ministry of Finance
Dagang Net built KEDAI EDI (Regional Office) Clearing Centre in
1993 and started operation in Port Klang from 1994. In 1995 they
implemented “SistemMaklumatKastam (SMK) Dagang Net System as
the Customs System of Malaysia.
In 2009, Dagang Net has been nominated by the Malaysian
Government for the company in charge to develop and operate the
National Single Window of Malaysia.
6.2.2

Participating Parties
25 Government Agencies, 8 Banks and all Trade-related Industries
will participate as per shown in the following Chart 4.

2Shareholders

of Dagang Net are Time Engineering Bhd (semi-governmental
company) for 71.25%, Haj Fund Authority for 9.5%, Bank Islam for 9.5%, Juasa
Holdings SdnBhd for 4.75% and National Chamber of Commerce and Industry
Malaysia for 5.0%.
16Chart 4
6.2.3

National Single Window of Malaysia

Record by Document Formats prepared for the service
Customs Declarations (Provided by: Customs)
Electronic Customs Declaration is available in 156 customs
out of 173 customs in Malaysia.
The use of Electronic procedure is the obligation for
applicants for those customs in which the Electronic
application is available.
Number of users:
Number of applications

3,316 companies
968,141 per month in averageas of 2010
e-Payment (Provided by Customs and Banks)
About 5% out of whole Duty payments are effected bye-Payment.
The average amount is 1.8 billion RM3 per year.
31RM≈ US$0.33 as of Dec. 201217

e-Manifest (Provided by Port Authority)
Registration of the details of the Loaded Cargo by means ofelectronic procedure (e-Manifest) is available in 6 ports (9ports in 2013) out of 21 ports in Malaysia.
4 ports out of 6 ports are linked to myTRADELINK for
Manifest data.
Number of Utilization is 482,920 cases per month in average.
e-Manifest is applied 100% in Port Klang and Kuantan.
e-Permit
In Malaysia, there are 32 Permit Issuing Agencies (PIA) in
total and 25 agencies have started electronic service since
2009.
Number of Users is 10,714, the number of cases is 284,655.
e-Preferential Certificate of Origin (ePCO)
At the moment, there are 12 schemes available online.
Ministry of International Trade and Industries is theapproval agency for issuance of Certificate of Origin in
Malaysia.
ASEAN Single Window Initiative
Connectivity testing and submission of test data have beenrealized with Indonesia, Thailand, Singapore, Brunei,
Philippines and Vietnam in 2012. ATIGA Form D is applied
for the transactions.
6.2.4

Fee for usage(for eDeclare, eManifest, ePayment only)
Metered billing:
1st and 2nd year
3rd year onward

RM 0.88 /Kb
RM 0.80 /Kb(for ePermit & ePCO only)
Document basis
RM 5.00 /approved document(1 time fee for subscription)
Subscription fee
Corporate(Small Medium Enterprise) SME

18

RM 500
RM 200(for eDeclare, eManifest, ePayment only)
Mail box charge
Corporate(Small Medium Enterprise) SME
Subsequent Mail box

6.2.5

RM 160 per month
RM 90 per month
RM 90 per month

Domestic Legal Framework for digital transactions

6.2.5.1 Laws on Electronic Documents
In 1994, the Evidence Act, the Banker’s Evidence Act and Penal
Code have been revised.
Since then, it is approved that the electronic documents,
generated by computer systems, can be valid documents and also
legal evidences that are defined in the Court Act.
6.2.5.2

Digital Signature
The Law of Digital Signature (Law No.562) was promulgated in
1997.
Principally, digital signatures are not required for the use of the
National Single Window, except for the transactions related to theduty payment as well as for application of strategic permits when it
is required for the authentication of documents.
Certificate Authorities (CA), for Digital Signature, are following
two entities :(1) MSC Trustgate(2) Digiceret
MSC Trustgate provides Certificates for Digital Signature to
Dagang Net that is a member of PAA (Pan Asian e-Commerce
Alliance).4 All CAs for PAA participating members are required to

4PAA isa regional private alliance that has been established in 2000 among
companies that provide Electronic Customs Procedure Systems in Singapore,
Taiwan and Hong Kong for the purpose of providing value added services to theusers by means of realizing a seamless electronic documents exchange chain fromthe Export Customs Clearance to the Import Customs Clearance, enhancing theefficiency of regional cross-border commerce. Later on Macao, Korea, Japan, China,
Malaysia, Thailand, Philippines and Indonesia have joined. The total number ofparticipants is 11, as of 2012.
19

have Mutual Recognition each other and so MSC Trustgate.
Certificate Authority is controlled by the Ministry of Commerce.
6.2.5.3

Other Legal issues
Statutory period of preservation for commercial documents:
7 years in total, while for the first 2 years, data shall be visible
on-line, and for the rest 5 years data can be stored off-line.

6.2.6

Other Information
 myTRADELINK has the built-in function to exchange data withoverseas systems.
 Users are required to access to myTRADELINK for online
application of regulatory documents and submission to relevant
authorities. SSL 5 with 128bit encryption is applied for the
security.
 It is the responsibility of Dagang Net to maintain myTRADELINK,
but the revision of formats and other contents are theresponsibility of respective Ministries in charge.
 Besides the operator of myTRADELINK, Dagang Net is operating
their own system called MyPorts, which at the moment offers arepository portal for trade community to make reference forexample search for tariff code, port code, and unit of measurement.

6.3

Philippines

6.3.1

OutlineName:
Web site:Started:Operator:

Philippines National Single Window (PNSW)
http://www.nsw.gov.ph2009
Bureau of Customs (supported by Crown Agent)

5SSL (Secure Sockets Layer) is the standard security technology for establishingan encrypted link between a web server and a browser.
20

The project to construct the National Single Window has been started in
December 27, 2005 when the Executive Order No.482 by the President waspromulgated.
In compliance with the national rule, a public tender under the RA9184
law was called and the order to develop the National Single Window wasawarded to Crown Agent (UK). They have constructed it in 2009, utilizing
their proper package product called TRIPS as base technology.
6.3.2

Participating Government Agencies<already linked 30 organizations>
Sugar Regulatory Administration*
Philippine Drug Enforcement Agency
Bureau of Internal Revenue*
Firearms and Explosive Office
Bureau of Product Standard
Philippine National Police
Bureau of Customs*
Forest Management Bureau
Board of Investments*
Environment Management Bureau
National Food Authority*
Philippine Ozone Desk
Food and Drug Administration*
Maritime Industry Authority
Philippine Economic Zone Authority*
Civil Aviation Authority
Bureau of Import Services
Optical Media Board
Bureau of Quarantine
Philippine Nuclear Research InstituteFertilizer and Pesticide Authority
Philippine Coconut Authority
National Meat Inspection Services.
Department of HealthNational Telecom Commission
Bureau of Fisheries & Aquatic Resources
21

Bureau of Export Trade Promotion
Bureau of Plant Industry
Dangerous Drug Board
Bureau of Animal Industry*<to be linked 10 organizations>Land Transportation Office
Insurance Commission
Philippine Shippers’ Bureau
One Stop Shop (DoF)
Bureau of Immigration
Fibber Industry Development Administration
Bangko Sentral ng Filipinas
National Intelligence Coordinating
Intellectual Property OfficeCriminal Investigation Detect Group
Note:○Those organizations marked with underline are intending to provide
services on local basis, too.
○Those organizations marked with asterisk (*) issue their permits orcertificates electronically.
6.3.3

Document Formats prepared for the services

Numerous data formats are provided in the National Single Window.
Users are to click the name of the Government Agencies or Organizations
shown in the portal page screen, then the variation of Data Formats that therespective Agency or Organization provide for users appear for theirselection.
When the customs procedure requires to attach some evidences, the
PNSW provides appropriate function to make it possible to attach documents
electronically.
6.3.4

RecordNumber of usage: about 3,000 applications per day
Number of users: about 2,800 entities226.3.5

Fee for usage

The use of the system of PNSW is free of charge to users, because the costis fully covered by the budget of the government. However when the Permit
or Certificate Issuing Agencies were used to collect some charges for theapplicants on paper basis, the same charge will be required even when theprocedure is moved to electronic method.
6.3.6

Domestic Legal Framework for digital transactions

6.3.6.1 Laws on Electronic Documents“Republic Act No.8792 – An Act providing for the Recognition and Use of
Electronic Commercial and Non-Commercial Transactions and Documents,
Penalties for Unlawful Use thereof and for other purposes” (commonly called“Electronic Commerce Act of 2000” )that has been promulgated in 2000,
regulates electronic documents related issues.
In the Chapter II Sec. 7 of the same Act, it is stipulated as “Electronic
documents shall have the legal effect, validity or enforceability as any otherdocument or legal writing” and “Where the law requires a document to be inwriting, that requirement is met by an electronic document if the said
electronic document maintains its integrity and reliability and can beauthenticated so as to be usable for subsequent reference”.
6.3.6.2

Digital Signature

The same Act (Republic Act No.8792) also regulates Digital Signature.
In the Chapter II Sec.8, it is stipulated as “An electronic signature on theelectronic document shall be equivalent to the signature of a person on a
written document if that signature is proved by showing that a prescribed
procedure, not alterable by the parties interested in the electronic document”
Although the environment is well prepared legally as above, in reality,
Digital Signature is not required for the domestic procedures.
As of 2012, there is not any endorsed domestic Certificate Authority (CA)for Digital Signature and the Department of Trade and Industry (DTI) is
now studying to establish criteria to authorize CA.
6.3.6.3

Other Legal issues

Statutory period of preservation for commercial documents:23

10 years. Requirement of data
post-clearance inspection is 3 years.
6.3.7

preservation

for

the

Customs

Issues on PNSWThe following Chart 5 reflects the current structure of PNSW for which
details are explained in the items below.

Chart 5 Structure of PNSW(①②③④ in the Chart correspond to those explained in item 6.3.7.3)
6.3.7.1

Double Structure of Trade-related Electronic Systems

PNSW has been constructed under the initiation of the Philippine
government in order to comply with the inter-government agreement among
ASEAN countries to establish the ASEAN Single Window. The government
assigned the Customs the responsible operator of PNSW. However the
Customs already have had their own 2 Customs systems: one for Economic
Zone and the other for outside the Economic Zone.
The basic concept of National Single Window is to link up all systems ofGovernment Agencies including Customs systems. However in case of24

Philippines, it doesn’t seem to be easy to link the Customs systems to PNSW
as of 2012. Many of the systems of Government Agencies are linked to PNSW
and users are mostly proceeding trade-related procedures with PNSW, whilewith regard to the Customs Declaration, users are obliged to use anothersystem provided by the Customs. It means that from Customs view point,
they are attending to 2 Customs systems and also to PNSW (for otherinformation on permissions by other Government Agencies) simultaneously.
6.3.7.2

Reverse flow of data from Government Agencies System to PNSWThe supposed flow of data, based on the concept of National Single
Window, is that users input all necessary data and information solely to the
National Single Window, and such data are transferred to various respective
Government Agencies Systems as one stop service.
However in case of PNSW, in some cases, users apply directly or throughvalue-added Service Providers, to various individual systems of Government
Agencies first, instead of to PNSW altogether. And later on such informationis transferred from the Government Agencies’ systems to PNSW in reverse
direction.
6.3.7.3

Procedures required to apply through Service Providers①

Certificate of Authority to Import②(Bureau of Internal Revenue)
Sanitary and Phytosanitary Certificate③(Bureau of Plant Industry)(Bureau of Fisheries Aquatic Resources)(Bureau of Animal Industry)
Electronic Import Permit④

Electronic Export Declaration(Note: These item numbers are referred to in the Chart 5 above.)<Service Providers> InterCommerce Network Services
 Cargo Data Exchange Center
 E-Konek Pilipinas

25

6.3.8Other Information

Application and Declaration in writings will be terminated once PNSW
comes to work fully.
PNSW is expected to clean up all illegal transactions such as:
・ to get Export permit for unauthorized case or
・ to use one Export Permit doubly or triply.
Import Duty can be paid through e-Payment
Particular Bar Code is furnished in each electronic Import Permit. SuchBar Code is used for the Cargo movement. For using the Bar Code, it isnecessary to print out onto paper and present to the authorities,
organizations or entities that control the Cargo movement.
In order to use PNSW, users are required to register, beforehand, to
CPRS (Client Profile Registration System), and besides this, they need to getan “Accreditation” from the respective Government Agency for the use of
their proper procedure system.

6.4

Singapore

6.4.1

OutlineName:
Web site:Started:Operator:

Superintendent:

Trade Net
https://www.tradexchange.gov.sg
originally 1989
In 2007, “Trade Net” has been integrated to “Trade
Exchange” for easier cross-border data exchange.
CrimsonLogic Pte. Ltd.
CrimsonLogic is a company that has governmental
fund invested indirectly. 6
Singapore Customs & Excise Department
IDA (Infocomm Development Authority)
EDB(Economic Development Board)

Shareholders of CrimsonLogic are as follows: IE (International EnterpriseSingapore) by 55%, Singapore Telecom by 15%, PSA (Port of Singapore Authority)
by 15% and CAAS (Civil Aviation Authority of Singapore)
626

6.4.2

Participating Government Agencies

35 governmental agencies are participating to Trade Net.
Among them, Ministry level organizations are following 15:
Trade and Industry
Transport
Defense
Education
Foreign Affairs
Home Affairs
Finance
HealthLaw
National Development
ManpowerPrime Minister’s OfficeInformation, Communication and the Arts
Community Development, Youth and Sports
The Environment and Water Recourses
6.4.3

Document Formats and the respective Systems that handle themTrade Net handles almost all documents that are required for the
Customs Import and Export Procedures, such as Declarations, Various kindsof Permits, Certificates, Licenses etc…
However with regards to “Manifest” (Detailed List of Loaded Cargo), theData are handled by Port Net7 i.e. Manifest is out of the scope of National
Single Window of Singapore (Trade Net).
Chart 6 below shows the whole structure of National Single Window(Trade Net) and Port Net, together with their respective handling
documents.

Port Net is a subsidiary established by PSA (Port of Singapore Authority) in2000 for the purpose of improving the efficiency and reducing the cost of theIndustry related to Port and Cargo Handling. The number of users are 8,000 andthe number of transaction are 130 million.
7

27

Chart 6
6.4.4

Whole structure of Trade Procedure related systems

RecordNumber of transacted documents: 30,000～40,000 /dayNumber of registered companies: about 2,600
Number of users:
about 9,000
Usage Rate:
6.4.5

almost 100%

Formation of the service to users and its fee system

For those small users that account for 60%～70% of all user companies,
the National Single Window service is provided directly from Crimson Logic,
the operator of Trade Net, free of charge, through Web service.
For those big users (in most cases, they wish to have network connection
with their proper backyard computer system) CrimsonLogic doesn’t provide
National Single Window service directly. Instead, Value Added Service
Providers mediate in between CrimsonLogic (Trade Net) and Big Users.
There are various Service Providers, competing each other. The function of
Value Added Service Providers is that, in addition to the various functions
provided by the National Single Window (Trade Net) itself, they propose
their proper and attractive value-added-service, in order to motivate Big
users to select their channel to connect to the National Single Window. The
Service Providers collect respective service fee from those Big users oncommercial basis.

28

In this latter case, the service of the National Single Window is not free ofcharge. Service Providers must collect Fee (mostly S$25 8 per month to
S$800 per year) from Big users on behalf of CrimsonLogic, in addition totheir proper service charge. The set up charge, at the time of start using theservices of National Single Window (Trade Net), is necessary for users to pay
to CrimsonLogic separately.
CrimsonLogic also, as they have the nature of commercial company, too,collocates their subsidiary company “e-Trade” as one of the Value Added
Service Providers to compete with others such as “KEWILL”. In case of“e-Trade” they have their own service called “Trade Pallet”, to elaborate
trade-related documents such as Invoice and Packing List and exchange
them with their destined overseas recipients.
Following Chart 7 shows the formation of service to users.

Chart 7
6.4.6

Formation of Service of Trade Net

Domestic Legal Framework for digital transactions

6.4.6.1 Laws on Electronic Documents
In 2010, the law “Electronic Transaction Act 2010” has been promulgated
where it is stipulated as “Any public agency may accept the filing of
documents and may issue permits, license or approval by means of electronic
form.”

8Singapore$1 ≈ US$0.82
29

In the Customs Act, it is stipulated as “Authorizes Director General tooperate a computer service on declaration, permit, manifest etc…”
Registered users can use services provided in such way.
Same kind of stipulation is mentioned in the Regulation of Imports andExports Act.
Among ASEAN countries only Singapore ratified the United Nations
Convention on Contracts for the International Sale of Goods (CISG; theVienna Convention).9
6.4.6.2

Digital Signature

Digital Signature is not required for the Data Exchange in Singapore.
Singapore Accredited Certificate Authority (CA) is NETRUST.
6.4.6.3

Other Legal issues

Statutory period of preservation for commercial documents:
7 years in most cases.
6.4.7

Issues on Trade Net

As it is mentioned in above item 6.4.3, Manifest is handled by Port Net for
Sea cargo and Spectrum Air Cargo Net for Air cargo, both under control ofPort Authority i.e. Manifest is not sent to the Customs through National
Single Window (Trade Net). Manifest tends to be required for sending
internationally, because many countries are starting a legal requirement
similar to 24 hours rule initiated by USA for security reason. The importancethat Manifest is handled by the National Single Window of each country will
get more critical in future.
6.4.8

Other Information

Import Duties and Value Added Tax (so called “Goods and Services Tax”)
can be paid through e-Payment.

The CISG is an international sales law to promote the smooth and efficient
cross –border business, signed in Vienna in 1980, ratified by 78 countries as of
Dec.2012. For example by this law the issue of Choice of Law can be theoreticallysolved. Unless excluded by the express terms of a contract, the CISG is deemed to beincorporated into any otherwise applicable domestic law(s) with respect to atransaction in goods between parties from different Contracting States
930

ebXML protocol is used for exchanging data with the systems in othercountries.

6.5 Thailand
6.5.1

OutlineName:
Web site:Thailand National Single Window
http://www.thainsw.net/INSW/

Started:Originally started in July 2008 as “e-Logistics”(phase-1)
Revamped as National Single Window in December
2011

Operator
Superintendent:
Budget:

The Customs Department
Ministry of Finance
About US$14 million for System Development(100% of budget has been funded by the Government.)

6.5.2

Participating Government Agencies

Number of participating organizations is 28 Government Agencies and 5
related entities, such as followings:
Customs Department
Department of Foreign Trade
Port Authority of Thailand Port/Airport Department
Department of Fisheries
Department of Disease Control
Department of Business Development
Food and Drug Administration etc…
6.5.3

Document Formats prepared for the services

Import customs declaration
Export customs declaration
Duty payment
Duty refund declaration
Tax incentive declaration
Vessel schedule

Customs clearance result
Cancel declaration
Import License
Export License
Quota license
Import certificate

Flight schedule

Export certificate
31Sea cargo manifest declaration
Air cargo manifest declaration
Land cargo manifest declaration
Express goods declaration
Cargo movement declaration
Cargo release notification
Payment order
Cancel instruction

Certificate of Origin(ATIGA Form-D)
Transfer declaration
Bonded warehouse declaration
RFID declaration (message)
Response Message
Debit advice
Credit advice

Any other trade related documents including commercial documents such
as Invoice, Packing List, Waybill etc… are available to provide wheneverrequested by users.
6.5.4

Services provided by National Single Window

Customs Declaration (e-Import and e-Export)
Customs Declaration Service is available at 660 Customs offices all overthe country. (Sea Ports, Airports, Container Yards, Free Zone, Bonded
Manufacturing Plants, Warehouses etc…)
e-Payment (for Payment of Import Duties etc…)
e-Manifest
e-Licensing
e-Express
e-Tracking
e-Seal (RFID)
6.5.5

The functions that Thailand National Single Window provides①National scale Router to connect Government Agencies with users invarious industries②To partition and share the capacity of National Single Window to eachsystem of various Government Agencies
Customs Declaration system
Application systems for various permits
e-Payment system
Track and Trace system etc…
③Data Base on Essential Information
Guideline on Implementation
Information on Laws, Regulations, Agreements, MOU
32

Materials for training
Various References
Types of Data as the standard of Thailand
International Standard Codes
Study reports etc…
④To provide a single and integrated connection point to Thailand foroverseas systems including ASEAN Single Window and other systems offoreign countries
Chart 8 shows the whole scope of Thailand National Single Window.

Chart 86.5.6

Scope of Thailand National Single Window

RecordNumber of transaction:
Number of companies:

63 million documents per month (June 2012)
about 8,000
33

Number of users:
Utilization Rate:
Trial with overseas:

6.5.7

about 125,000
Electronic application is an obligation
wherever electronic application is available.
Customs Declaration and Invoice (with Laos)
Certificate of Origin (with Taiwan)

Fee for usage

The use of Thailand National Single Window is free of charge, because
the system is developed and operated by the government.
However when it is used through Service Providers, following charge will
be required:
25 Bahts10 for 25 Kb each 1 Baht for 1 additional Kb
Max 300 Bahts per 1 document
6.5.8

Domestic Legal Framework for digital transactions

6.5.8.1 Laws on Electronic Documents
The Electronic Transaction Act 2001 was promulgated in April 2002.
With this law, commercial transactions, carried out by means ofelectronic documents, are guaranteed to have the same effectiveness as theones carried out by means of paper documents.
For the purpose of filing in court, it is required to print out respective
electronic documents onto paper and present them for the further procedure.
6.5.8.2

Digital Signature

Digital Signature is normally required for the use of National Single
Window.
However, as of 2012, there doesn’t exist in Thailand any Government
endorsed Certificate Authority for Digital Signature. The criteria, to approve
officially such Certificate Authority, are under elaboration by the Council ofState.
The current Certificate Authorities are as follows:
CAT Telecom (http://www.thaipki.com)
TOT (http://www.ca.tot.co.th)
Thai Digital ID (http://www.thaidigitalid.com)
10

Bahts100 ≈ US$3.30
34

With regards to the effectiveness of the Digital Signature furnished inforeign countries outside Thailand, it is accepted in the Electronic
Transactions Act 2001 Section 31 as follows:“An electronic signature created or used in a foreign country shall havethe same legal effect in the country as an electronic signature created or usedin the country if the level of reliability used in creating or using suchelectronic signature is not lower than as prescribed in this Act.”6.5.8.3

Other Legal issues

Statutory period of preservation for commercial documents:
5 to 10 years case by case.
6.5.9

Other Information

The Thailand National Single Window is programed to be able to handle
almost all data protocols admitted as international standard.

6.6

Vietnam

6.6.1

OutlineName:
VNACCS
Start:
Programmed to start in 2014
Superintendent: General Department of Vietnam Customs
Vietnam Customs is operating a system called “e-Customs” as of 2012that is a kind of Customs system.
Meanwhile on April 9, 2012, between the Vietnamese General
Department of Customs and the Japan International Cooperation Agency(JICA), the agreement to grant JPY2.66 billion (US$33 million) has beenconcluded. The purpose of this agreement is to help Vietnam build a“one-stop” system for trade-related procedures providing functions as a
National Single Window of Vietnam. The fund will be used to deploy the
Vietnam Automated Cargo and Port Consolidated System (provisional name)and Vietnam Customs Information System (VNACCS/VCIS) which is basedon Japan’s Nippon Automated Cargo and port Consolidated System(NACCS), currently operated as the Japanese National Single Window.

35

6.6.2

Participating Government Agencies

In Vietnam there exist 48 Government Agencies (excluding those of Local
Governments), and out of that, following 11 Government Agencies have theirown electronic systems.
Ministry of Finance
General Department of Customs
Ministry of Trade
Ministry of Industry
Ministry of Transport and Communications
Ministry of Health
Ministry of Justice
Ministry of Defense
Ministry of Agriculture and Rural Development
State Security Committee
Office of Government
6.6.3

Expected services of VNACCS

e-Import and e-Export Declarations
e-Manifest
e-Certificate of Origin
e-Permit
e-Payment (Import Duty)e-Office (various bureaucratic procedures)
The following Chart 9 shows the scope of VNACCS.

36

Chart 9
6.6.4

Scope of VNACCS

Domestic Legal Framework for digital transactions

6.6.4.1 Laws on Electronic Documents
The law called “Law on e-Transaction” took effect on March 1, 2006 wheredefined almost all issues related to the transactions by means of electronic
documents.
Article 3.: Application of the Law on E- Transactions
In case of difference between the provisions of the Law on E-Transactions
and other provisions of law on the same matter related to e-transactions, theprovisions of the Law on E-Transactions shall apply.
Article 5.: General principles in e-transactions
5. To protect lawful rights and interests of agencies, organizations,individuals, interests of the State and public interests.
Article 11.: Legal validity of data message
Information in data message cannot have its legal validity disclaimed forthe sole reason that it is expressed in the form of data messages.
Article 12.: Data messages being as valid as documents
Where the law requires information to be in writing, a data message shallbe considered having met this condition if the information contained thereinis accessible and usable for reference when necessary.
Article 14.: Data message being as valid as evidence371. A data message cannot be disclaimed in terms of its validity as
evidence for the sole reason that it is a data message.
Article 15.: Storage of data message
1. In cases where the law requires records, files or information to be
stored, such records, files or information can be stored in the form of data
messages when the following conditions are satisfied: (3 criteria are
mentioned, that are skipped in here.)
Articles 16-19: Stipulations to define the time of arrival of data.
Articles 20-32: Rules on Digital Signature
Articles 33-38: Rules on the effectiveness of electronic contract.
Articles 39-43: Rules on Linkage with various Government Agencies
Articles 44-49: Rules on Security and Secrecy
Articles 50-52: Rules on the solution of conflict
6.6.4.2

Digital Signature

For applying to trade-related procedures, Digital Signature will be
required. After logging in with user’s own I/D and password, the system will
match the I/D and Digital Signature furnished in their application for
accepting it.
In Vietnam there exist 6 Certificate Authorities as follows:①VNPT (Vietnam Ports and Telecommunications Group)②Nacencom, ③Viettel, ④The FPT, ⑤Bkav, ⑥The CKWith regards to the legal validity of the Digital Signature furnished inforeign countries, in the Article 27 of above “Law of e-Transaction” it ismentioned as follows to define the criteria to accept it:
Article 27.: Recognition of foreign e-signatures and e-certificates
1. The Government recognizes the legal validity of foreign e-signaturesand e-certificates if such e-signatures or e-certificates have the same level ofreliability as those provided for by law. The determination of the reliabilityof foreign e-signatures and e-certificates must be based on recognizedinternational standards, on treaties to which the Socialist Republic ofVietnam is a contracting party and other relevant factors.
6.6.4.3

Other Legal issues

Possibility to solve issues related to Format and Protocol Conversion:

38

For the use of ASEAN Single Window through the National Single
Window, it is most likely to happen that users ask to National Single
Window or intermediate Value Added Service Providers to convert theDocument Format or Protocol from Users’ own internal Format and Protocol,
used in their office backyard systems, to the Standard Format and Protocol
required indispensably by the ASEAN Single Window. In such case thesenders’ Digital Signature furnished on the original e-documents elaborated
in their office backyard systems are inevitably broken at the time of Format
and Protocol conversion.
The Article 13 of the “Law of e-Transaction” may give some orientation
how to solve this issue. Depending on the interpretation of this article (referto the quotation below), the Format or Protocol conversions effected by
National Single Windows or Service Providers of one or both of sending andreceiving countries do not need to count as “change” (sometimes “change” isconsidered or taken same as “falsification”). If such is the case, the breakageof sender’s original Digital Signature may not cause problem. Somealternative idea can be taken. For example, National Single Window orService Provider, effected conversion work, furnish their own Digital
Signature, in place of the sender’s one, which is deemed to be equivalent to
the original Digital Signature of the sender..
Article 13.: Data message being as valid as original copy
A data message shall be as valid as an original copy when satisfying thefollowing conditions:
1. The contents of the data message are kept intact since its firstorigination in the form of a complete data message.
The contents of a data message are considered intact when they remainunchanged, except for changes in their appearance, which arise in theprocess of sending, storage or display of the data message.
Statutory period of preservation for commercial documents:
10 years
6.6.5

Issues on VNACCS:

Various Government Agencies don’t have established yet their own public
service system with which they could be linked to VNACCS in future.

39

One of the important concepts of VNACCS is to provide a one-stop service
to users. There exists an example in Vietnam that this concept itself isrealized in an analog way.
For each procedure of Import and Export transactions required byGovernment Agencies, users shall apply to the respective “Reception Desk”,
presenting necessary documents. A big burden for users is that they need to
go around various places where such Reception Desks are located. In order toalleviate such burden, in some cases, those Reception Desks (Port control,
Immigration, Customs clearance, Sanitary and phytosanitary applicationsetc…) are gathered in one office and sometimes share data on personal
computer basis. This will be a kind of “one-stop service” realized physically.
As mentioned above VNACCS is to realize a “one-stop-service”, digitally,that enables users to proceed various trade-related official requirements justaccessing to VNACCS, instead of accessing to various systems ofGovernment Agents. The users may become aware of the usefulness of
VNACCS as an efficient tool to improve the environment of trade-related
issues.
6.6.6

Other Information:

It is planned that users access to VNACCS through internet and SSL will
be applied for the security issue.
Web service is also programmed.

6.7
6.7.1

Lao PDR
Current Situation

As of 2012, it is under study how to build the National Single Window.
In June 2012, the Department of Import and Export (DIMEX)
implemented a trade-procedure-related system called “Lao Trade Portal”(http://www.laotradeportal.gov.la). The function of this system is to provide
necessary information or guidance, such as what kind of licenses, permits,
approvals, certificates etc… are required for what transaction, for theindustries that work in the area of cross-border business.
This portal site is not linked to the customs system, mentioned below.

40

As for the Customs system, the ASYCUDA11 system (“ASYCUDA World”
generation) has been implemented based on the World Bank grant (US$ 6
million) and as of 2012, this system is in operation at Thanaleng bordercustoms. (http://laocustoms.laopdr.net/) The Customs Department of the
Ministry of Finance is operating this system.
6.7.2

National Single Window Preparatory Committee

Lao PDR has organized “National Single Window Committee” to define
their most adequate model of National Single Window.
The members of the Committee are as follows:
Chairperson:
Vice Minister of FinanceVice-Chairperson:
Director General of Customs
Vice-Chairperson:
Head of Cabinet
Members
Ministry of Industry and Commerce (DIMEX) (DDG)
Chamber of Commerce (DG)
Tax Department (DDG)
Department of National Treasury (DDG)
Ministry of Transportation (DDG)
Planning Department of Ministry of Agriculture (DDG)
Ministry of Science and Technology (DDG)
Ministry of Information Technology (DDG)+ Private Sector (LIFA)(Remark: DG= Director General, DDG=Deputy DG)
6.7.3

Issues on establishing the National Single Window of Lao PDR

Except for the Customs that operate ASYCUDA System, other
Government Agencies don’t have systems to provide their respective services
to the public, while the basic concept of the National Single Window is to linkup systems of all Government Agencies. Therefore at the time of studying
National Single Window, in the beginning, it is necessary to study how toestablish the proper systems of these Government Agencies.
The ASYCUDA is the abbreviation of Automated SYstem for CUstoms DAta ,a computerized system designed by the United Nations Conference on Trade andDevelopment (UNCTAD) to administer a country's customs, covering over 80
countries and 4 regional projects.
1141

Instead of linking various systems of Government Agencies to one
National Single Window, to partition the capacity of National Single Windowand share for various services of respective Government Agencies may be
another way of solving the issue. In this case the National Single Window
integrally provides respective services in place of corresponding Government
Agencies,
The Government sent fact-finding mission to Indonesia, Singapore andThailand, hearing on the situation of their National Single Windows. As theresult, they have decided to make a separate and independent National
Single Window for Lao PDR. ASYCUDA will be linked to such National
Single Window once it is established.
6.7.4

Two different proposals for Lao PDR National Single Window

6.7.4.1 World BankWorld Bank (WB) has committed to fund US$1.35 million for conducting
a Feasibility Study on the most adequate model of National Single Window
for Lao PDR. The Feasibility Study has been awarded to PN Group Limited(UK)12. They are required to present a “Blue Print” as the final report.
In case Lao PDR decides to follow the recommendation of WB, which will
be given in above Blue Print, WB seems to have intention to provide anotherfund for really developing Lao National Single Window, on top of the fund for
Feasibility Study.
However the issue on this WB option is that it will take so much time
before realizing the National Single Window. It will cause broad delay
against the time line set forth by ASEAN Single Window.
6.7.4.2

Bureau Veritas

Bureau Veritas (French) offered to Lao PDR a kind of BOT (Build
Operate and Transfer) alternative on building the Lao National Single
Window.
Bureau Veritas has a package product for building a Single Window. It issaid that they have experience of implementing it in African countries. The
proposal of Bureau Veritas is that they build the Lao National Single

12

PN Group Limited is the company who developed “Lao Trade Portal”.
42Window using their own resources (financing etc…), and afterwards they
recover money, invested for building the National Single Window, bycollecting usage fee from users for certain years, before handing over theproperty right of the Single Window system to Lao PDR.
From the view point of building a National Single Window incomparatively short period of time, avoiding the large consumption of limited
resources of Lao PDR (especially, they are suffering from short of IT
engineers) this proposal is considered to be attractive for Lao PDR.
6.7.5

Domestic Legal Framework for digital transactions

The Ministry of Science and Technology is, as of 2012, elaborating a Law
that endorses the effectiveness of electronic documents.
Commercial documents are legally required to store 3 years for Customs
related issues.

6.8

Cambodia

6.8.1

Current situation

As of 2012, it is under study how to build the National Single Window.
In 2005 ASYCUDA (“ASYCUDA World” generation) was deployed as thecustoms system, forming a part of the nation’s policy called “Trade
Facilitation Project”, supported by the World Bank.
In 2006, in compliance with the regional agreement in ASEAN toestablish the ASEAN Single Window, Cambodia, as a member of ASEAN,
took a decision to build a National Single Window. Basic idea of Cambodia isthat they revamp the current ASYCUDA system to be the National Single
Window of Cambodia, enhancing its functions and capacity.
6.8.2

Probable Participating Government Agencies

As of 2012, Inter-Agency Coordination Group, chaired by the Customs, is
inducing as much Government Agencies, to be linked to the National Single
Window. There will be at least 10 government agencies (Permit Issuing
Agencies, Certificate Issuing Agencies etc…) that will be necessary to belinked, including followings:
General Departments of Ministry of Economy and Finance
Ministry of Commerce
43

Ministry of Industry, Mining and Energy
Ministry of Agriculture, Forestry and Fishery
Ministry of Health
6.8.3

Probable Policy on usage Fee

A fee is charged for Import and Export Declarations on paper basis. The
same amount of fee is charged for the declaration through ASYCUDA, too.
The same schedule of fee will be applied when the National Single Window isestablished. It may be possible to review the amount of fee, when such fee is
not enough to maintain the National Single Window.
6.8.4

Domestic Legal Framework for digital transactions

As of 2012, the Ministry of Commerce is preparing “e-Commerce Law” tospecify the detailed conditions and criteria to endorse electronic documents,
to have the same value and effectiveness as the documents written on paper.
6.8.5

Laws on Electronic Documents

As of 2012, “Manual signature” on paper documents is required for all
trade-related procedures.
The Ministry of Commerce is studying on the rule for Digital Signature.
6.8.6

Other Legal Issues

Statutory period of preservation for commercial documents:
3 years for post-clearance audit. However once the authority judge it
necessary, such period can be extended to 10 years.
6.8.7

Issues on building the National Single Window

Except for the Import and Export Declarations and Certificate of Origin,other Government Agencies in charge of other procedures do not haveelectronic system to provide services to the public. Therefore it is necessary
for these Government Agencies to start from building their proper service
systems to be linked to the National Single Window.
Even for those procedures, which services are provided to the public
electronically, it is not fully automated. There exist various steps where“human factor” is incorporated, or required to print out onto paper at the
final stage and furnish manual signatures.

44It may be adequate to re-design trade-related procedures in order to havesmooth shift from manual procedure to digital procedure by inducing
National Single Window.

7
7.1

Conclusion
Corner stone for ASEAN Community

The initiative of ASEAN Single Window is working very closely to theestablishment of the “ASEAN Community” by 2015. Motivated by the
Regional Agreement to build the ASEAN Single Window, those ASEAN
countries, which don’t have yet the National Single Window, started to build
one, because it is indispensable for all countries to have their own National
Single Window with which the country is linked to the ASEAN Single
Window. By having National Single Window, the trade-related procedures of
all ASEAN countries become efficient and transparent that is very important
to make ASEAN a Single Market and Single Production Base. And this is
one of the main objectives of the “ASEAN Community”.
7.2

Public Service System of Government Agencies

The basic concept of the National Single Window is to provide for users aone-stop-service for all trade-related procedures that are required by various
Government Agencies. In other words, all trade-related procedures ofvarious Government Agencies shall be automated and systematized to beable to be provided through the National Single Window. In order toautomate and systematize the procedure, it is necessary to review theprocedure itself and streamline it. It is just like a BPR (Business Procedure
Reengineering) of the Business practice. In this way the facilitation of importand export procedures, all over the ASEAN region, is realized, thanking to
the National Single Window.
7.3

Domestic Law to support Effectiveness of e-Documents

At the same time each country shall set up a suitable domestic legal
framework to support the effectiveness of electronic documents, electronic45

business, digital signature etc… that is a kind of pre-requisite in order that
the ASEAN Single Window could work as an infrastructure of ASEAN.
7.4

Importance to have the Standard of ASEAN Single Window

From the regional view point, to have standard data document formats(such as ATIGA Form-D for the Certificate of Origin, ASEAN Customs
Declaration Document =ACDD etc…), standard protocol (commonly used
ebXML), standard code (such as ASEAN Harmonized Tariff Nomenclature=AHTN) can be very mighty tools to activate more the regional economy of
ASEAN, and also encourage the countries outside the region that makebusiness with ASEAN. They can easily understand the meaning of eachcolumn of procedural documents and issued certificates, which are uniform
for all ASEAN countries, and can put confidence in the transparency of theprocedure, thanking to the announced rule of ASEAN Single Window.
7.5

Issues to be studied
Following issues would be studied:① All National Single Windows shall try to handle as much variations oftrade-related documents as possible, in order to widen the scope ofcoverage of ASEAN Single Window, that make it comfortable to use.
② Not only governmental documents such as Permits and Certificates,
Business documents such as Invoice, Packing List, B/L, Waybill etc…
shall be handled, in order that the National Single Windows would be
used efficiently, getting a big volume of data exchange.
③ In order to motivate Business sector to use the ASEAN Single
Window for their exchange of Business Documents, a strict ASEAN
Single Window Legal Agreement will be necessary. They need to put
full confidence in the conflict solution under such Legal Agreement.

46