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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.
07/2006/TT-BTM
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Hanoi,
April 17, 2006
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CIRCULAR
GUIDING THE PROCEDURES FOR, AND
MANAGEMENT OF, THE GRANT OF CERTIFICATES OF ORIGIN UNDER THE GOVERNMENT'S
DECREE No. 19/2006/ND-CP OF FEBRUARY 20, 2006, DETAILING THE COMMERCIAL LAW
REGARDING THE ORIGIN OF GOODS
Pursuant to
the Government's Decree No. 29/2004/ ND-CP of January 16, 2004, defining the
functions, tasks, powers and organizational structure of the Trade Ministry;
Pursuant to the Government's Decree No. 19/2006/ ND-CP of February 20, 2006,
detailing the Commercial Law regarding the origin of goods;
The Trade Ministry hereby guides the procedures for, and management of, the
grant of certificates of origin as follows:
I.
GENERAL PROVISIONS
1. Scope of
regulation
a/ This
Circular guides the procedures for, and management of, the grant of
certificates of origin (abbreviated to C/Os) for:
- Exported
goods ineligible for tariff preferences and non-tariff preferences provided for
in the Government's Decree No. 19/2006/ND-CP of February 20, 2006, detailing
the Commercial Law regarding the origin of goods;
- Exported
goods eligible for the general tariff preferences and other preferential
regimes other than those mentioned at Point b, Clause 1, Section I of this
Circular.
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2. C/O forms
a/ Forms of C/O
to be granted according to procedures specified in this Circular include:
- Form-A C/Os
granted to Vietnamese products exported to countries and territories which
sanction the general tariff preferences for Vietnam;
- Textile and
garment C/Os granted to Vietnam's textile and garment products exported under international
agreements to which Vietnam is a contracting party;
- Handmade
textile C/Os granted to Vietnam's handmade textile products exported to the EU
according to Protocol D in supplementation to the Textile and Garment Agreement
between Vietnam and the EU;
- Coffee C/Os
granted to Vietnam's exported coffee products according to regulations of the
World Coffee Organization;
- Assorted C/Os
set out by countries of importation of Vietnamese products or provided for in
other international agreements to which Vietnam is a contracting party;
- Form-B C/Os
granted to Vietnam's exported products in cases where exporters do not request
the grant of any of the above-said C/O forms.
b/ Each
ordinary goods item shall be granted one of the C/O forms enumerated at Point
a, Clause 2, Section I of this Circular. Particularly for exported coffee,
apart from coffee C/Os granted to Vietnam's exported coffee products according
to regulations of the World Coffee Organization, exporters may request the
grant of form-A or form-B C/Os. Besides, C/O-granting organizations may grant
other C/O forms according to regulations of countries of importation;
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3. C/O-granting
modes
C/Os shall be
granted by either of the following two modes:
a/ Paper C/Os:
Paper C/Os shall be granted directly to enterprises at C/O-granting
organizations;
b/ Electronic
C/Os: C/Os shall be granted via the Trade Ministry's system of management and
grant of electronic C/Os (hereinafter referred to as eCOSys), operated under
the Trade Minister's approval in his Decision No. 0519/QD-BTM of March 21,
2006, and other electronic C/O-granting modes approved by the Trade Ministry
for future application;
c/ Conditions
for participation in eCOSys shall be specifically announced by the Trade
Ministry as soon as this system is actually operated.
4.
Responsibilities of C/O applicants
A C/O applicant
shall have the responsibilities:
a/ To compile
and submit a trader dossier to the C/ O-granting organization, for traders
applying for C/O for the first time;
b/ To compile
and submit a complete C/O application dossier set to the C/O-granting
organization;
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d/ To take
responsibility before law for the accuracy and truthfulness of contents
declared in the trader dossier and the C/O application dossier set as well as
the origin of exported goods, even in cases where it is mandated by the
exporter;
e/ To take
responsibility before law for the accuracy and truthfulness of contents of the
electronic dossier, in cases where the enterprise, applies for electronic C/O;
f/ To promptly
report to the C/O-granting organization in locality where the trader has
applied for C/Os for the goods lots for which C/Os (if any) have been granted
by Vietnam's C/O-granting organizations but not recognized by countries of
importation.
5.
Responsibilities of C/O-granting organizations
A C/O-granting
organization shall have the responsibilities:
- To guide C/O
applicants when so requested;
- To receive
and inspect trader dossiers and C/O application dossier sets;
- To verify
actual origins of products when necessary;
- To grant C/Os
when goods satisfy the origin criteria and dossier sets comply with the
provisions of this Circular;
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- To send
specimens of signatures of persons authorized to sign C/Os and seals of
C/O-granting organizations to the Export and Import Department of the Trade
Ministry or the Vietnam Chamber of Commerce and Industry (for units attached to
the Chamber) for registration with customs offices of countries of importation;
- To settle
complaints about C/Os according to the provisions of Clause 1, Section IV of
this Circular;
- To keep
secret dossiers and documents related to the verification and certification of
origin.
6.
Responsibilities of verification organizations
- To verify the
origin of goods when so requested by C/O applicants;
- Persons
engaged in verification of origin must be professionally knowledgeable about
origin of goods.
II.
PROCEDURES FOR GRANTING C/Os
1. Registration
of trader dossiers
a/ When
submitting the first-time C/O application to the C/O-granting organization, a
C/O applicant must also submit the following documents:
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- The trader's
business registration certificate (a copy affixed with "true copy"
stamp);
- The tax
identification number registration certificate (a copy affixed with "true
copy" stamp);
- The list of
the trader's production establishments.
b/ Any change
in the trader dossier must be promptly notified to the C/O-granting
organization where the C/O application is submitted. The trader dossier must be
updated once every two (2) years;
c/ The trader
applying for C/O shall only be considered for C/O grant at the place where its
trader dossier has been registered;
d/ Traders
whose C/O applications have been submitted but trader dossiers have not yet
been registered shall have to register their trader dossiers within three (3)
months after the effective date of this Circular.
2. C/O
application dossier sets
a/A C/O
application dossier set comprises:
-A completely
and validly filled-in C/O application;
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- The export
customs declaration for which customs procedures have been carried out (a copy
bearing signature of the authorized person and affixed with "true
copy" stamp), except where exported goods are exempt from export customs
declaration as provided for by law. In case of plausible reasons, the C/O
applicant may delay the submission of this document for no more than thirty
(30) days after the grant of C/O.
b/ When deeming
it necessary, the C/O-granting organization may request the C/O applicant to
additionally supply documents related to exported products, such as: customs
declaration for import of raw materials and auxiliary materials; export permit;
purchase and sale contract; value-added invoices on purchase and sale of raw
materials and auxiliary materials at home; seaway bills of lading; airway bills
of lading and other documents proving the origin of exported products;
c/ For
enterprises participating in eCOSys, all documents shall be given such
enterprises' electronic signatures and automatically transmitted to
C/O-granting organizations. C/O-granting organizations shall base themselves on
online dossiers to check the validity of information and grant C/Os to traders
upon receipt of complete paper dossier sets.
3. Receipt of
dossier sets
When C/O
applicants submit their dossier sets, officials in charge of reception are
responsible to receive such dossier sets. Officials in charge of reception must
notify in writing requirements, make dossier receipts and hand to applicants
one copy thereof when C/O-granting organizations request additional production
of documents specified at Point b, Clause 8 or when C/O applicants so request.
In cases where further verification is required, the time limit therefor must
be specified according to the provisions of Point b, Clause 4, Section II of
this Circular.
4. Grant of
C/Os
a/ The time
limit for grant of a C/O shall not exceed three (3) working days after the C/O
applicant submits a complete and valid dossier set;
b/ In case of
necessity, the C/O-granting organizations may also conduct inspection at places
of production when they deem that the examination of dossier sets does not
provide sufficient grounds for the grant of C/Os or when they detect signs of
law violation in previously granted C/Os. Results of such inspection must be
recorded in writing. Such a written record must be signed by the inspector, the
C/O applicant and/or the exporter. Where the C/O applicant and/or the exporter
fail to sign the written record, the inspector shall sign for certification
after clearly stating the reasons therefor. The time limit for granting C/O in
this case shall not exceed five (5) working days after the applicant submits a
complete dossier set;
c/ In all
cases, the time limit for verification must not impede the delivery of goods or
payment by the exporter, unless the exporter is at fault.
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In exceptional
cases where C/Os are not granted at the time of exportation due to the fault of
C/O granters or force majeure circumstances or for justifiable reasons
supplied by C/O applicants, C/Os may be granted later and shall be valid as
from the time of goods delivery but must not exceed one (1) year counting from
the date of delivery to the date of actual grant, and bear the words
"ISSUED RETROACTIVELY."
6. Re-grant of
C/Os
a/ Where a C/O
is lost, misplaced or damaged, the C/O applicant who wishes to apply for
re-grant thereof must submit an application to the C/O-granting organization,
clearly stating the reasons for re-grant application, a dossier set, the C/O
original and copies (if any). The re-granted C/O shall bear the serial number
and date of the old C/O and affixed with "CERTIFIED TRUE COPY" seal.
A re-granted C/O must be granted within one (1) year after the grant of the
original one. The time limit for re-grant shall not exceed three (3) days after
the C/O-granting organization receives the C/O re-grant application;
b/ Where a C/O
needs to be split into two (2) or more sets, the C/O applicant must submit an
application to the C/O-granting organization, clearly stating the reasons for
splitting up the C/O, submit the dossier set, the original and copies (if any)
of the old C/O. In this case, one set of re-granted C/O shall bear the serial
number and date of the old C/O while other sets shall be given new serial
numbers and grant date;
c/ For goods
which must be re-imported for reprocessing or transfer to another country of
importation, the C/O applicant must submit an application, enclosed with the
original and copies (if any) of the old C/O, to the C/O-granting organization,
clearly stating the reasons for re-grant. Where at the time of application for
grant, the old C/O is not yet withdrawn, the to be re-granted C/O shall be
given new serial number and date of grant and type-written with the words
"THIS C/O REPLACES THE C/O No. (serial number of the old C/O) DATED (date
of grant of the old C/O)" in a proper box of the C/O form.
7. Refusal to
grant C/Os
a/ A
C/O-granting organization may refuse to grant a C/O in the following cases:
- The C/O
applicant has not yet registered its trader dossier according to the provisions
of Clause 1, Section II of this Circular;
- The C/O
application dossier set is inaccurate and incomplete according to the
provisions of Clause 2, Section II of this Circular;
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- The dossier
set contains contradictory details;
- The dossier
set for C/O grant is produced not at the place where the trader dossier has
been registered;
- The C/O form
is filled in with handwriting, erased, faded out or printed in different
colors;
- There exist
lawful grounds proving that the product does not originate from Vietnam or the
C/O applicant is fraudulent or dishonest in proving the origin of product.
b/ When
refusing to grant C/O, the C/O-granting organization must clearly notify in
writing the reasons therefor to the C/O applicant within three (3) working days
after the date of refusal.
8. Fee for C/O
grant
C/O applicants
shall pay C/O-granting fee to C/O-granting organizations. The C/O-granting fee
shall be set by C/O-granting organizations according to the Finance Ministry's
current regulations on fees and charges. C/O grant fee rates must be publicly
posted up at places of C/O grant.
9. Re-verification
of origin of goods at the request of countries of importation
Where customs
offices of countries or territories which import Vietnamese goods or Vietnamese
competent agencies request the inspection of truthfulness of origin of such
goods, Vietnam's C/O-granting organizations shall conduct the verification of
origin of such goods and notify verification results to the above-said
requesting agencies as soon as possible within six (6) months after receiving
the verification request. Where C/O-granting organizations cannot reply within
six (6) months, they must notify such to the requesting customs offices.
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1. Archive of
dossiers
C/O copies
granted by C/O-granting organizations and C/O application dossiers must be
archived by C/ O-granting organizations, exporters and C/O applicants for three
(3) years after the grant of such C/Os. Particularly for granted C/Os,
exporters and C/ O applicants must archive copies granted by C/O-granting
organizations to them. Certified photocopies of these C/O copies shall be valid
for reference only.
2. Competence
to sign C/Os
The Trade
Minister or the Chairman of the Vietnam Chamber of Commerce and Industry shall
designate competent persons to sign C/Os depending on the kinds thereof.
3. C/O-granting
organizations
a/ C/O-granting
organizations are regional import and export management departments under the
Trade Ministry and units attached to the Vietnam Chamber of Commerce and
Industry;
b/ The Vietnam
Chamber of Commerce and Industry shall authorize its attached units to grant
C/Os and take responsibility for operation of such units. The authorization and
termination of authorization must be promptly reported to the Trade Ministry
for the latter to handle related matters;
c/ The grant of
certificates of origin, form A, to footwear exported to the EU shall be
conducted by regional import and export management departments under the Trade
Ministry in Hanoi, Hai Phong, Da Nang, Dong Nai, Binh Duong, Ho Chi Minh city
and Vung Tau;
d/ The Trade
Ministry shall authorize the Vietnam Chamber of Commerce and Industry to grant
other C/O forms which are enumerated at Point a, Clause 2, Section I of this
Circular. The list of C/O-granting organizations shall be announced by the
Trade Ministry and the Vietnam Chamber of Commerce and Industry;
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f/ The Trade
Ministry shall publicize the list of C/ O-granting organizations on its
website.
4. Reporting
and information-updating regime
a/ C/O-granting
organizations must observe the daily information updating regime (even when no
C/O is granted in a day) on the grant of C/O and report such information to the
Trade Ministry. The information updating shall comply with the Trade Ministry's
standards;
b/ Where,
within five (5) working days counting from the date of the latest report, the
Trade Ministry does not receive such report, it shall remind in writing the
C/O-granting organization for the first time. Within ten (10) working days
after the receipt of the latest report, if it still receives no report, the
Trade Ministry shall remind in writing the C/O-granting organization for the
second time. Within fifteen (15) days after the receipt of the latest report,
if it still receives no report, the Trade Ministry shall issue a decision to
stop the C/O grant by such organization and publicize such decision on its
website;
c/ The Trade
Ministry shall guide and inspect the grant of C/Os in order to ensure that the
grant of C/Os is conducted in compliance with regulations.
IV.
SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS
1.
Complaint-settling agencies
Exporters and
C/O applicants may make complaints as follows:
a/ Where their
C/Os are granted by regional import and export management departments of the
Trade Ministry, they shall lodge complaints with such import and export
management departments. Such import and export management departments must
reply within three (3) working days. Where they do not satisfy with the
replies, the C/O applicants may lodge their complaints with the Trade Minister
or initiate lawsuits at administrative courts according to the provisions of
law on complaints and denunciations;
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2. Handling of
violations
All fraudulent
acts related to certificates of origin shall be handled according to the
provisions of the Decree on sanctioning of administrative violations in the
commercial domain. If their violations cause serious consequences, violators
shall, depending on the nature and seriousness of their violations, be examined
for penal liability. Where their violations cause damage to interests of the
State or of agencies, organizations or individuals, they must pay compensations
therefor according to the provisions of law.
3. Withdrawal
of granted C/Os
C/O-granting
organizations shall withdraw granted C/Os in the following cases:
a/ C/O
applicants have forged any documents in submitted dossier sets. Besides, C/O-granting
organizations shall put names of exporters that have forged documents as well
as their testimonies on the list of C/O applicants to whom stricter inspection
measures should be applied upon the grant of C/Os, and at the same time notify
such acts of forging documents to competent agencies for handling.
b/ Granted C/Os
are not conformable to origin criteria.
V.
IMPLEMENTATION PROVISIONS
1.
Implementation effect
This Circular
takes effect 15 days after its publication in "CONG BAO." Any problem
arising in the course of implementation should be promptly reported by
concerned organizations and individuals to the Trade Ministry at the following
address for solution:
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21 Ngo Quyen
Street, Hanoi
Telephone:
04-8262538
Facsimile:
04-8264696
E-mail:
co@mot.gov.vn
The E-Commerce
Department- the Trade Ministry 21 Ngo Quyen Street, Hanoi Telephone: 04-8262538
Facsimile: 04-8264696 E-mail: ecosys@mot.gov.vn
FOR
THE TRADE MINISTER
VICE MINISTER
Phan The Rue