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MINISTER OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.15/2018/TT-BCT
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Hanoi, June 29,
2018
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CIRCULAR
CATEGORIZATION OF
APPLICANTS FOR PREFERENTIAL CERTIFICATE OF ORIGIN
Pursuant to Decree No. 98/2017/ND-CP dated
August 18, 2017 of the Government on functions, duties, rights and
organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 31/2018/ND-CP dated March
08, 2018 of the Government on elaboration of the Law on Foreign trade
management regarding origin of goods; At the request of Director of the Import
and Export Department,
The Minister of Industry and Trade promulgates a
Circular on categorization of applicants for preferential Certificate of
Origin.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
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Article 2. Regulated entities
This Circular applies to:
1. Traders applying for the preferential C/O;
2. Issuers of preferential C/O as prescribed in the
international agreement (hereinafter referred to as “issuers")
3. Relevant organizations and individuals
Article 3. Definition
1. “red channel trader” means a trader that is
required to submit proof of origin of all shipments and might be required to
have their goods undergo physical inspection when applying for the preferential
C/O;
3. “ordinary channel” refers to ordinary procedures
for issuance of preferential C/Os prescribed in Decree No. 31/2018/ND-CP dated
March 08, 2018 of the Government on elaboration of the Law on Foreign trade
management regarding origin of goods (hereinafter referred to as “Decree No.
31/2018/ND-CP") and relevant guiding documents.
Chapter II
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Article 4. Identification of green channel
traders
A trader applying for preferential C/O will be eligible
for green channel if such trader:
1. is certified as a prestige exporter by the
Ministry of Industry and Trade; or
2. is certified as eligible for preferential
customs treatment by the Ministry of Finance; or
3. satisfies the following requirements:
a) The trader has not violated the rule of origin
in the last 2 years before the day applying for preferential C/O through the
green channel;
b) The trader has a document archiving system (both
physical and electronic documents) as proof of the authenticity of the C/Os and
origin of goods during the archiving period specified in Decree
No.31/2018/ND-CP;
c) The trader has applied for at least 30
preferential C/Os per year on www.ecosys.gov.vn
Article 5. Benefits of green channel
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a) A green channel trader will be exempted from
providing some documents in the application for preferential C/O prescribed in
clause 1 Article 15 of Decree No.31/2018/ND-CP, specifically as follows:
- Only the physical documents prescribed in point a
and b in clause 1 in Article 15 of Decree No.31/2018/ND-CP are required;
- Electronic documents prescribed in point c
through e in clause 1 in Article 15 of Decree No.31/2018/ND-CP may be
submitted;
- Other documents prescribed in point g through i
in clause 1 in Article 15 of Decree No.31/2018/ND-CP are not required.
2. With regard to late submission of documents
A green channel trader may submit the
documents prescribed in clause 3 in Article 15 of Decree No.31/2018/ND-CP
within 45 working days from the day on which the C/O is issued.
3. With regard to time for issuing preferential C/O
A physical application for preferential C/O
submitted by a green channel trader will be processed within 6 working hours
from the moment the satisfactory application is received.
4. With regard to physical inspection of goods and
site inspection of production facilities
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Chapter III
RED CHANNEL
Article 6. Identification of red channel traders
1. Traders that commit the violations prescribed in
Article 29 of Decree No. 31/2018/ND-CP within the last 2 years before the date
of application;
2. Traders that fail to provide necessary documents
to verify origin of goods or the origin of goods is considered ineligible by
the customs authority of the importing country within the last 2 years before
the date of application;
3. Green channel traders who export red channel
goods as prescribed in Article 7 herein without any production facility or
adequate capacity for production of exported goods.
Article 7. Identification of red channel goods
1. Red channel goods include:
a) Goods whose origins are likely to be fraudulent
for the purpose of evading trade remedy measures of the importing country or
taking advantage of preferential tariff commitments given by the importing
country; or
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2. The Import and Export Department (Ministry of
Industry and Trade) shall publish and update the list of red channel goods.
Article 8. Red channel requirements
1. With regard to application for preferential C/O
A red channel trader must submit both a physical
and electronic application including the documents prescribed in clause 1 in
Article 15 of Decree No.31/2018/ND-CP.
2. With regard to time for issuing preferential C/O
An application for preferential C/O shall be
processed within 3 working days as prescribed in clause 3 in Article 29 of
Decree No.31/2018/ND-CP from the day on which the satisfactory physical application
is received .
3. With regard to physical inspection of goods and
site inspection of production facilities
The issuer shall carry out the physical inspection
of goods and site inspection of production facilities if the preferential C/O
is applied for the first time or there is suspicion of fraudulent
misrepresentation of origin of goods when receiving the application for
preferential C/O from the trader.
Chapter IV
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Article 9. Initiation of categorization of applicants
for issuance of preferential C/O
Issuers shall categorize applicants for
preferential C/Os in accordance with the criteria in Article 4, Article 6 and
Article 7 of this Circular. Applications for preferential C/Os shall be
automatically categorized. The Import and Export Department (Ministry of
Industry and Trade) and issuers shall publish the list of green channel
traders, red channel traders and ordinary traders on www.ecosys.gov.vn.
Article 10. Rules for transferring channel
1. A red channel trader that does not commit any of
the violations prescribed in Article 6 and 7 herein may transfer from the red
channel to the ordinary one.
2. An exporter of red channel goods prescribed in
Article 7 herein may transfer from the red channel to the ordinary one if the
result of site inspection and production capacity inspection carried out by the
issuer is satisfactory.
Chapter V
RESPONSIBILITIES OF RELEVANT AGENCIES AND
ORGANIZATIONS AND IMPLEMENTATION PROVISIONS
Article 11. Responsibilities of the Import and
Export Department (Ministry of Industry and Trade)
1. Prepare and submit documents on categorization
of applicants for preferential C/Os to competent authorities for promulgation
or self-promulgate those documents as authorized;
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3. Preside over and cooperate with relevant agencies
and organizations in managing and solving problems as well as inspecting the
categorization of applicants for preferential C/O.
Article 12. Responsibilities of the Department
of E-Commerce and Digital Economy (Ministry of Industry and Trade)
1. Implement electronic categorization of
applicants for preferential C/O on www.ecosys.gov.vn;
2. Establishing and adjusting technical
infrastructure serving the electronic categorization;
3. Cooperate with relevant agencies and
organizations in timely solving problems arising during the categorization
Article 13. Responsibilities of issuers
1. Carry out categorization and instruct traders to
make applications for preferential C/O and participate in the pilot
categorization program;
2. Submit quarterly reports on categorization by
issuers to the Import and Export Department (Ministry of Industry and Trade);
3. Supervise, notify abnormal situation arising
during the issuance of preferential C/O and help traders improve their capacity
for compliance with laws;
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Article 14. Responsibilities of traders
1. Strictly comply with laws and acquire knowledge
about origin of goods;
2. Take legal responsibility for the accuracy and
truthfulness of the registered information;
3. Provide all documents as required in case the
Ministry of Industry and Trade and issuer carry out inspection visit to head
offices and production facilities of traders.
Article 15. Effect
This Circular comes into force from August 15,
2018./.
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