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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 3624/QD-BCT
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Hanoi, December
9, 2019
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DECISION
PROCEDURES FOR
ISSUANCE OF ELECTRONIC CERTIFICATE OF ORIGIN FORM D
MINISTER OF INDUSTRY AND TRADE
Pursuant to Decree No. 98/2017/ND-CP dated
August 18, 2017 of the Government on functions, tasks, powers, and
organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 31/2018/ND-CP dated March
8, 2018 of Government on elaborating to a number of articles of Law on Foreign
Trade Management regarding Goods Origins;
Pursuant to Decree No. 130/2018/ND-CP dated
September 27, 2018 of Government on elaborating to implementation of Law on
E-Transactions regarding digital signatures and digital signature
authentication services;
Pursuant to Circular No. 22/2016/TT-BCT dated
October 3, 2016 of Ministry of Industry and Trade on implementing rules of
origin under ASEAN Trade In Goods Agreement;
At the request of Director General of Agency of
Foreign Trade and Director General of Vietnam E-commerce and Information
Technology Agency,
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Article 1. “Procedures for issuance of
electronic certificate of origin form D” are attached to this Decision.
Article 2. Agencies and organizations
issuing preferential certificates of origin shall:
1. Issue electronic
certificates of origin form D for goods exported to Cambodia, Brunei,
Indonesia, Malaysia, Singapore and Thailand.
2. Issue addition physical
certificates of origin form D for goods exported to countries specified in
Clause 1 of this Article at request of traders.
Article 3. This Decision comes into force
from January 1, 2020.
Article 4. Director General of Agency of
Foreign Trade, Director General of Vietnam E-commerce and Information
Technology Agency, agencies and organizations issuing preferential certificates
of origin and relevant organizations and individuals are responsible for
implementation of this Decision./.
MINISTER
Tran Tuan Anh
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PROCEDURES
FOR ISSUANCE OF
ELECTRONIC CERTIFICATES OF ORIGIN FORM D
(Attached to Decision No. 3624/QD-BCT dated December 9, 2019 of Minister of
Industry and Trade)
Article 1. Scope and regulated entities
1. Procedures for issuance of
electronic certificates of origin form D specify sequences of applying and
handling application for certificates of origin (C/O) form D. The procedures
shall be implemented on the System for managing and issuing electronic
certificates of origin (hereinafter referred to as “eCoSys”) at http://ecosys.gov.vn
or websites of Ministry of Industry and Trade at http://dichvucong.moit.gov.vn
or other websites of the government.
2. Goods issued with
electronic C/O form D are goods satisfying origin criteria specified in
legislative documents providing guidance on rules of origin under the ASEAN
Trade In Goods Agreement.
3. Traders following the
procedures for issuance of electronic C/O form D include exporters,
manufacturers and representatives legally authorized by exporters or
manufacturers.
4. Agencies and organizations
issuing C/O participating in the procedures for issuance of electronic C/O form
D include regional foreign trade management offices and agencies, organizations
issuing preferential C/O authorized by Ministry of Industry and Trade.
Article 2. Application for issuance of
electronic C/O form D
1. Traders following the
procedures for issuance of electronic C/O form D shall fill in electronic
trader dossiers on the eCoSys or at addresses specified in Clause 1 Article 1
of these Procedures. In case physical trader dossiers have been submitted,
traders shall update their electronic dossiers in the next dossier revision
session.
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3. Traders are not required to
submit physical form of documents already attached in electronic form via the
eCoSys or at addresses specified in Clause 1 Article 1 of these Procedures for
agencies and organizations issuing C/O, unless otherwise demanded upon
suspicions about authenticity of the dossiers.
4. In case of application for
issuance of physical C/O form D, traders shall submit application using form
No. 4 of Annex attached to Decree No. 31/2018/ND-CP of Government and completed
physical C/O form D to agencies and organizations issuing C/O.
Article 3. Handling application for issuance of
electronic C/O form D
1. Within 6 working hours
after receiving applications for issuance of electronic C/O form D, agencies
and organizations issuing C/O are responsible for posting notice of application
approval results on the eCoSys. To be specific:
a) In case applications for issuance of electronic
C/O form D satisfy applicable regulations and law, agencies and organizations
issuing C/O shall approve and issue electronic C/O form D on the eCoSys to
transmit data on the issued C/O to members of ASEAN via National single-window
system.
b) In case applications for issuance of electronic
C/O form D does not satisfy applicable regulations and law, agencies and
organizations issuing C/O must specify reasons for rejection and post notice to
enable traders to revise.
2. In case traders request
issuance of physical C/O form D, within 2 working hours after receiving the
request and the completed physical C/O form D satisfactory to the issued
electronic C/O form D, agencies and organizations issuing C/O shall return the
physical C/O form D.
Article 4. Responsibilities of traders applying
for issuance of electronic C/O form D
1. Traders shall be legally
responsible for accuracy and authenticity of information declared on the eCoSys
and electronic documents and data bearing digital signature included in
attached files on the eCoSys.
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3. Traders shall be
responsible for complying with Circular No. 22/2016/TT-BCT of Ministry of
Industry and Trade and other relevant legislative documents on goods origin.
Article 5. Implementation
1. Agency of Foreign Trade
shall be responsible for training officials of agencies and organizations
issuing C/O and traders participating in these Procedures and monitoring
implementation of the Procedures for issuance of electronic C/O form D.
2. Vietnam E-commerce and
Information Technology Agency shall be responsible for developing and ensuring
that the eCoSys operates continuously, exchanges data on electronic C/O form D
with the national single-window system and receives feedback from relevant
organizations and individuals to assure implementation of Procedures for
issuance of electronic C/O form D.
3. Agencies and organizations
issuing preferential C/O shall be responsible for monitoring compliance with
regulations and law on goods origin of traders participating in Procedures for
issuance of electronic C/O form D within their competence.
4. Agencies and organizations
issuing preferential C/O shall be responsible for receiving and handling
applications for issuance of C/O form D; discovering flaws during
implementation to propose timely revision. On a 6 month basis, submit reports
on implementation conditions and results, difficulties and complaints to Agency
of Foreign Trade Vietnam E-commerce and Information Technology Agency for
consolidation.
5. Traders shall report any
difficulties and complaints (if any) during implementation of these Procedures
to agencies and organizations issuing preferential C/O or Ministry of Industry
and Trade (at email address of ecosys@moit.gov.vn or co@moit.gov.vn) for
guidance./.