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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
1375/1999/QD-BTM
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Hanoi, November 23, 1999
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DECISION
PROMULGATING THE
REGULATION ON ISSUANCE OF EXPORT CERTIFICATES AND FORM A - CERTIFICATES OF
ORIGIN TO FOOTWEAR EXPORTED TO THE EU MARKET
THE MINISTER OF TRADE
Pursuant to the Government’s
Decree No.95/CP of December 4, 1993 stipulating the functions, tasks, powers
and organizational structure of the Ministry of Trade;
Pursuant to the Agreement between Vietnam and the European Union (EU) on combat
against frauds in the footwear export;
Pursuant to the Prime Minister’s decision assigning the
Ministry of Trade to issue export certificates and Form A - certificates of
origin to footwear to be exported to the EU market in Official Dispatch
No.707/CP-QHQT of July 12, 1999,
DECIDES:
Article
1.- To promulgate together with this Decision the Regulation on
issuance of export certificates (E/C) and Form A - certificates of origin (C/O
Form A) to footwear exported to the market of the member countries of the
European Union (abbreviated to the EU).
Article 2.- This Decision takes effect as from January 1st,
2000.
Article 3.- The functional bodies of the Ministry of Trade,
the concerned ministries and branches, and the enterprises engaged in the
manufacture of and trading in footwear to be exported to the EU shall have to
implement this Decision.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Luong Van Tu
REGULATION
ON ISSUANCE OF
EXPORT CERTIFICATES (E/C) AND FORM A CERTIFICATES OF ORIGIN (C/O FORM A) TO
FOOT-WEAR EXPORTED TO THE EU MARKET
(Promulgated together with the Trade
Minister’s Decision No. 1375/1999/QD/BTM of November
23, 1999)
I.
GENERAL PRINCIPLES
1. The issuance of export certificate (abbreviated
to E/C) and Form A certificate of origin (abbreviated to C/O Form A) to
footwear exported to the market of the member countries of the European Union
(abbreviated to the EU) shall be effected on the basis of provisions of the
Vietnam - EU bilateral agreement and regulations of the EU’s
General System of Preferences (GSP) regarding C/O Form A for such goods item.
2. Units applying for E/C and C/O Form A for
footwear shall have to carefully study and fully comply with provisions of the
Vietnam-EU bilateral agreement and the EU’s
regulations on origin in order to enjoy the GSP’s
preferences.
3. The issuance of E/C and C/O Form A to
footwear exported to the EU shall be conducted by the Trade Ministry’s
regional export and import management bureaus based in Hanoi, Hai Phong, Da
Nang, Nha Trang, Quy Nhon, Ho Chi Minh City, Vung Tau and Can Tho cities or
provinces. Enterprises may choose places to obtain E/C and C/O Form A, which
are most appropriate and convenient for them.
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1. Export certificates (E/C) shall be
automatically issued to all lots of footwear manufactured and/or processed in
Vietnam and exported to the EU. Any unit that manufactures, processes and/or
trades in footwear exported to the EU shall have to send in only a written
request for the issuance of export certificate (made according to the form set
by the Ministry of Trade) enclosed with the already settled customs declaration
of export goods and trade invoice(s), and fill all details of the export
certificate.
2. Any unit that manufactures, processes and/or
trades in footwear exported to the EU and wishes to be granted C/O Form A under
the EU’s General System of Preferences (GSP) shall have to
produce a dossier set comprising the following documents:
(1) A written request for C/O Form A (made
according to the form set by the Ministry of Trade);
(2) C/O Form A compatible with the EU’s
regulations on origin with regard to footwear, already completely filled;
(3) The already liquidated customs export goods
declaration;
(4) Trade invoice of the exported lot;
(5) Bill of lading (B/L) of the exported lot;
In cases where enterprises deliver goods by air
or in case of irremediable objective circumstances, the export and import
management bureaus may base themselves on the commitments of the enterprises’
leadership to allow such enterprises to delay producing airway bills (AWB) or
B/L within 7 working days.
In cases where it is necessary to clarify the
goods origin, the Ministry of Trade may request the concerned units to supply
more documents related to their goods lots, such as: customs declarations on
imported raw materials and auxiliary materials, goods purchase and sale
contracts with foreign traders, contracts or invoices for purchase of raw
materials and auxiliary materials, etc. In case of necessity, the Ministry of
Trade shall conduct inspections at the manufacturing places to verify whether
or not such goods are in conformity with the EU’s
regulations on origin for preferences before granting form A certificates of
origin.
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III. TIME
LIMITS FOR GRANTING EXPORT CERTIFICATES AND CERTIFICATES OF ORIGIN FORM A
The granting of export certificate shall be
effected within 4 working hours from the time of receiving the unit’s
written request. The granting of Form A certificate of origin shall be effected
within 8 working hours from the time the unit submits the complete and valid
dossier. In cases where it is necessary to clarify the goods origin, such time
limit may be extended but must not exceed 3 working days.
IV.
KEEPING OF DOSSIERS
To meet the reference needs, the Ministry of
Trade shall, after granting export certificates and Form A certificates of
origin, keep the following documents:
1. Written requests for export certificates and
Form A certificates of origin;
2. Copies of export certificates;
3. Copies of Form A certificates of origin;
4. Copies of trade invoices of goods lots;
5. Copies of customs export goods declarations;
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In case of necessity, the Ministry of Trade may
keep other documents such as: copies of the customs declarations on imported
raw materials and auxiliary materials, copies of the invoices or contracts for
purchase of raw materials and auxiliary materials in the country...
V. RE-GRANTING
In cases where an already granted export
certificate or Form A certificate of origin is lost or the goods lot is
re-divided,... the Ministry of Trade may re-grant the export certificate or
certificate of origin if the following conditions are met:
- The unit applying for re-granting must clearly
state the reason(s) therefor.
- It commits itself not to abuse the re-granted
export certificate and Form A certificate of origin and to bear all liabilities
arising from the misuse thereof.
- In cases where changes arise after the export
certificate and certificate of origin are granted and the exporter wishes to
apply for re-granting of export certificate and Form A certificate of origin,
it shall have to send an official dispatch clearly stating the reasons therefor
and return the originals of the already granted export certificate and Form A
certificate of origin.
VI. Inspection and verification when there are
requests or complaints from customs office of the importing country
After receiving the Ministry of Trade’s
notices of inspections to be conducted at the requests of the importing
countries’ customs offices, the concerned units shall have to
explain and supply necessary relevant documents as soon as possible, in order
to clarify the origins of export goods.
In case of necessity, depending on the
importance and complexity of the arising matters, the Ministry of Trade may
request on-spot inspections of export products, including: direct inspection of
products and inspection of manufacture process at production workshops.
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In order to supplement the export and import
management bureaus’ material facilities with a
view to better serving enterprises, pending an agreement with the Ministry of
Finance, the Ministry of Trade temporarily prescribes the following fee levels
for granting of export certificate and Form A certificate of origin:
1. Export certificate: 10,000 VND
2. Form A certificate of origin: 15,000 VND
3. Re-granting: 5,000 VND
Printed E/C and C/O Form A forms shall be sold
to enterprises at the prices set on the basis of printing costs in the country
or purchasing prices from foreign countries.
The collection and payment of fees and sale of
printed forms shall be conducted before the delivery of export certificates and
Form A certificates of origin to enterprises and must be evidenced by vouchers
as prescribed by the Ministry of Finance.
This Regulation takes effect as from January
1st, 2000.-
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