Decree 53/2018/NĐ-CP Amending and Supplementing Decree No. 58/2016/NĐ-CP

Decree 53/2018/NĐ-CP amending and supplementing Decree No. 58/2016/NĐ-CP provides detailed regulations on the business of civil cryptography products and services, as well as the export and import of civil cryptography products. This Decree takes effect from April 16, 2018.

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DECREE

AMENDING AND SUPPLEMENTING DECREE 58/2016/NĐ-CP DATED JULY 01, 2016, OF THE GOVERNMENT PROVIDING DETAILED REGULATIONS ON THE BUSINESS OF CIVIL CRYPTOGRAPHY PRODUCTS AND SERVICES AND THE EXPORT AND IMPORT OF CIVIL CRYPTOGRAPHY PRODUCTS

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Network Information Security dated November 19, 2015;

At the proposal of the Minister of National Defense;

The Government hereby promulgates the Decree amending and supplementing Decree 58/2016/NĐ-CP dated July 01, 2016, of the Government providing detailed regulations on the business of civil cryptography products and services and the export and import of civil cryptography products.

Article 1. Amending and supplementing Decree No. 58/2016/NĐ-CP dated July 01, 2016, of the Government providing detailed regulations on the business of civil cryptography products and services and the export and import of civil cryptography products

Replace Appendix II — List of civil cryptography products for export and import under license in Decree No. 58/2016/NĐ-CP dated July 01, 2016, of the Government with Appendix II — List of civil cryptography products for export and import under license attached to Decree 53/2018/NĐ-CP.

Article 2. Application of the List of civil cryptography products for export and import under license

1. The List of civil cryptography products for export and import under license only applies to civil cryptography products whose HS code, name, and cryptographic function description coincide with the HS code, name, and cryptographic function description of the goods in the List.

2. In case of discrepancies in determining the commodity codes between the List issued with this Decree and the List of Vietnam’s Export and Import Commodities, the Ministry of Finance (General Department of Customs) shall preside over and coordinate with the Ministry of National Defense (Government Cipher Committee) to decide on the HS codes for export and import goods.

Article 3. Transitional Provisions

Licenses for the export and import of civil cryptography products already granted to enterprises shall continue to be effective according to the term stated on the License for civil cryptography products whose names are consistent with the List of Vietnam’s Export and Import Commodities. The Customs authority shall rely on the granted export/import license and the actual export/import goods to determine the HS code and handle customs clearance procedures for the enterprise.

Article 4. Effect for Implementation

Decree 53/2018/NĐ-CP takes effect from April 16, 2018.

Article 5. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairmen of the People’s Committees of provinces and centrally-run cities, and relevant agencies are responsible for implementing Decree 53/2018/NĐ-CP./.

APPENDIX II – LIST OF CIVIL CRYPTOGRAPHY PRODUCTS FOR EXPORT AND IMPORT UNDER LICENSE (Attached to Decree 53/2018/NĐ-CP dated April 16, 2018, of the Government)

84.43 – Printing machinery used for printing by means of plates, cylinders and other printing components of heading 84.42; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof.
84.71 – Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included.
84.73 – Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 84.70 to 84.72.
85.17 – Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of heading 84.43, 85.25, 85.27 or 85.28.
85.23 – Discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of Chapter 37.
85.25 – Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders.
85.26 – Radar apparatus, radio navigational aid apparatus and radio remote control apparatus.
85.28 – Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus.
85.29 – Parts suitable for use solely or principally with the apparatus of headings 85.25 to 85.28.
85.42 – Electronic integrated circuits.
85.43 – Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter.