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THE MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 2412/QD-BCT
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Hanoi, June 15,
2016
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DECISION
PROMULGATING
PROCEDURES FOR ISSUANCE OF PREFERENTIAL CERTIFICATES OF ORIGIN VIA THE INTERNET
THE MINISTER OF INDUSTRY AND TRADE
Pursuant to the Government's Decree No.
95/2012/ND-CP dated November 12, 2012, defining the functions, tasks, powers
and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No.
19/2006/ND-CP dated February 20, 2006 on guidelines for the Law on Commerce in
terms of rules of origin;
Pursuant to the Government's Decree No.
26/2007/ND-CP dated February 15th 2007, on guidelines for the Law on Electronic
transactions applicable to digital signatures and the authentication of digital
signatures;
Pursuant to Circular No. 06/2011/TT-BCT dated
March 21, 2011 of the Ministry of Finance on procedures for issuance of
preferential certificate of origin and Circular No. 01/2013/TT-BCT dated
January 3, 2013 of the Ministry of Finance on amendments to Circular No.
06/2011/TT-BCT dated March 21, 2011;
At the request of Directors of the Department of
Export and/or import and the Department of Electronic commerce and Information
technology,
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Article 1. To issue together with this Decision “Procedures for
issuance of preferential certificates of origin (C/O) via the Internet”.
Article 2. This Decision comes into force from June 15, 2016.
Article 3. Director of Export and/or import Department, Director of
Department of Electronic commerce and Information technology, the Chief of the
Ministry Office, issuing authorities of preferential C/O and relevant
organizations and individual shall implement this Decision./.
MINISTER
Tran Tuan Anh
PROCEDURES
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Article 1. Scope and
regulated entities
1. The procedures for issuance of preferential C/O
via the Internet (hereinafter referred to as procedures for issuance of C/O via
the Internet) include submission and process of applications for issuance of
C/O via the Internet that are operated on the system of management and issuance
of electronic C/O (hereinafter referred to as eCoSys) at the address
www.ecosys.gov.vn.
2. Goods have C/Os issued via the Internet are
goods that satisfy origin criteria prescribed in legislative documents on
implementation of rules of origin applicable to every form of preferential C/O.
3. Traders engaging in the procedures for issuance
of C/O via the Internet consist of exporters, producers, and legally authorized
representatives of exporters or producers.
4. Issuing authorities of C/O engaging in the
procedures for issuance of C/O via the Internet (hereinafter referred to as
issuing authorities) consist of regional Export and Import Management Offices
and issuing authorities of preferential C/O authorized by the Ministry of
Industry and Trade.
Article 2. Application for
issuance of C/O via the Internet
1. Each trader engaging in the procedures for
issuance of C/O via the Internet shall declare an electronic trader dossier on
the eCoSys. In case where the trader has submitted the physical trader dossier,
the trader must update its dossier on the eCoSys.
2. Traders shall declare according to existing
forms on the eCoSys based on accurate information about the good applied for
preferential C/O and electronic documents attached prescribed in Point c
through Point e Clause 1 Article 9 of Circular No. 06/2011/TT-BCT. The above
supporting documents must be authorized by the trader with its digital
signature issued by competent authority.
3. The trader is not required to submit physical
supporting documents that are attached and sent through the eCoSys to the
issuing authority, except for the case of any doubt about the authentication of
those documents.
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5. The trader shall submit or present other
physical supporting documents prescribed in Article 9 of Circular No.
06/2011/TT-BCT. to the issuing authority in case of request.
Article 3. Processing
applications for issuance of C/O via the Internet
1. Within 6 working hours from the time in which an
application for issuance of C/O via the Internet is received, the issuing
authority must notify the trader of approval or rejection of the application on
the system.
2. In case where the application for issuance of
C/O via the Internet does not satisfy with the requirements as prescribed in
regulations in force, the issuing authority shall provide explanation for
rejection and notify the trader of necessary amendments.
3. Within 2 working hours from the time in which a
physical application, which is declared completely, is received as prescribed
in Clause 3 Article 2 of this procedure, the issuing authority must notify the approval
or rejection.
4. Regarding applications for issuance of C/O form
D, issuing authorities shall receive and process the applications following the
procedures for issuance of C/O via the Internet. The transitional period from
the procedures for issuance of C/O based on physical application to the
procedures for issuance of C/O via the Internet is 45 days, from the effective
date of this Decision.
Article 4. Responsibilities of
traders applying for issuance of C/O via the Internet
1. The trader shall take legal responsibility for
the accuracy and authentication of declarations on eCoSys and documents
electronic data attached with its digital signature in the application for
issuance of C/O via the Internet.
2. The trader must maintain the application for
issuance of C/O to be presented to the issuing authority and competent
authorities upon their requests. The period over which the application must be
maintained shall comply with legislative documents in accordance with every
preferential C/O form.
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4. The trader may decide whether to submit the
application for issuance of C/O via the Internet following these procedures or
submit the physical application as prescribed in Circular No. 06/2011/TT-BCT,
except for the application for issuance of C/O form D.
Article 5. Implementation
1. The Department of Export and import shall
provide training courses for officials of issuing authorities and traders
engaging in this procedures and supervise the implementation of the procedures
for issuance of C/O via the Internet.
2. The Department of Electronic commerce and
Information technology shall build and ensure the eCoSys to be operated
smoothly, and receive feedbacks from relevant organizations and individuals to
ensure the initiation of the procedures for issuance of C/O via the Internet.
3. Issuing authorities must recognize the
observance of law on origin of goods by traders engaging in the procedures for
issuance of C/O via the Internet.
4. Issuing authorities shall receive and process
applications for issuance of C/O via the Internet; and raise unreasonable
matters during the implementation to be handled promptly. The issuing authority
shall send monthly reports on implementation and difficulties to the Department
of Export and important and the Department of Electronic commerce and
Information technology.
5. Difficulties that arise during the
implementation of this procedures should be reported to issuing authorities or
the Ministry of Industry and Trade for consideration (via email
[email protected] or [email protected])./.