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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. 492/2000/QD-BTM
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Hanoi,
March 20, 2000
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DECISION
AMENDING AND SUPPLEMENTING THE REGULATION ON
GRANTING OF VIETNAM’S
FORM-D CERTIFICATES OF ASEAN GOODS ORIGIN FOR ENJOYMENT OF PREFERENCES UNDER
THE AGREEMENT ON COMMON EFFECTIVE PREFERENTIAL TARIFFS (CEPT), PROMULGATED
TOGETHER WITH THE TRADE MINISTER’S DECISION No.416/TM-DB OF MAY 13, 1996
THE MINISTER OF TRADE
Pursuant to the Government’s Decree No.95/CP of
December 4, 1993 on the functions, tasks, powers and organizational structure
of the Ministry of Trade;
Pursuant to the Government’s Decree No.20/1999/ND-CP of April 12, 1999 on the
provision of goods assessment services;
Pursuant to the Prime Minister’s
Decision No.615/TTg of October 10, 1995 on the establishment of the National
Committee for Coordination of Vietnam’s Activities in the ASEAN;
Pursuant to the Government’s
Official Dispatch No.356/VPUB of January 22, 1996 designating the agency to
grant certificates of origin of goods under the CEPT Agreement;
At the proposal of the Director of the Export and Import Department,
DECIDES:
Article 1.-
1. To amend Clause 2, Article 5
of the Regulation on granting of Vietnam’s form-D certificates of ASEAN origin for enjoyment
of the preferences under the "Agreement on Common Effective Preferential
Tariffs (CEPT)", promulgated together with the Trade Minister’s Decision
No.416/TM-DB of May 13, 1996.
2. To promulgate Appendix 4
(amended) on the procedures for applying for inspection and granting of form-D
certificates of goods origin inspection in replacement of Appendix 4 of the
above-said Regulation.
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Article 3.- The Director of the
Export and Import Department, the heads of the concerned bodies under the
Ministry of Trade shall have to implement and guide the implementation of this
Decision.
FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau
REGULATION
ON GRANTING OF VIETNAM’S FORM-D CERTIFICATES OF ASEAN GOODS ORIGIN
FOR ENJOYMENT OF PREFERENCES UNDER THE AGREEMENT ON COMMON EFFECTIVE
PREFERENTIAL TARIFFS (CEPT) (AMENDED)
(Promulgated
together with the Trade Minister’s Decision No.492/2000/QD-BTM of March 20, 2000)
II. THE PROCEDURES FOR GRANTING FORM-D CERTIFICATES
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2. A certificate of goods origin
inspection (in case of an inspection request). Such a certificate must:
- Conform with the regulations
on origin prescribed in Appendix 1 to this Regulation, and;
- Be granted by the
goods-assessment service providing enterprise as stipulated in Appendix 4
(amended) to this Regulation;
APPENDIX 4 (Amended)
ON THE PROCEDURES FOR APPLYING FOR
INSPECTION AND GRANTING OF FORM-D CERTIFICATE OF GOODS ORIGIN INSPECTION
(Issued
together with the Trade Minister’s Decision No.492/2000/QD-BTM of March 20, 2000)
In furtherance of the Regulation
on origin of goods eligible for preferential tariff under the CEPT Agreement of
the ASEAN countries, the procedures for applying for and granting form-D
certificates of origin inspection are prescribed as follows:
I. ORGANIZATIONS DESIGNATED TO CARRY OUT THE INSPECTION AND GRANT
INSPECTION CERTIFICATES
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Article 2.- To serve the
inspection, the inspecting organizations may request the inspection applicants
to supply or produce necessary vouchers related to the goods, or carry out any
inspection of goods if they deem it necessary.
II. INSPECTION OF GOODS ORIGIN
Article 3.- The inspection of
goods origin shall be carried out before such goods are exported. Particularly
for goods subject to the inspection of ASEAN content, such inspection may,
depending on its complexity, be carried out right from the manufacturing or
processing process.
The applicants for inspection of
goods origin shall have to create all favorable conditions for the inspectors
to carry out inspection activities in a convenient, quick and accurate manner.
Article 4.- Goods origin shall be
inspected in terms of the following:
- Characteristics of goods
(categories and specifications);
- Signs and marks on goods
bales;
- The way the goods are packed
in bales;
- Quantity or volume (ultimate
quantity or volume shall be based on the bills of lading);
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Article 5.- The basis and formula
for calculating the ASEAN content shall comply with Principles 3 and 4 of
Appendix 1 to the ASEAN’s
regulations on the granting of form-D certificates of goods origin.
III. THE PROCEDURES FOR APPLYING FOR INSPECTION AND CERTIFICATES OF
GOODS ORIGIN INSPECTION
Article 6.- When filling in the
procedures for applying for inspection of goods origin, the applicants shall
have to ensure that:
6.1. They already get all their
goods, which have a 100% ASEAN origin, ready for inspection.
6.2. They have commenced the
manufacture of or are currently manufacturing goods, of which the ASEAN content
must be determined.
Article 7.- A dossier applying
for form-D goods origin inspection comprises:
7.1. Two application forms for
form-D goods origin inspection (made according to the set form) which have been
fully filled and signed (particularly for an enterprise, these application
forms must be affixed with its seal).
7.2. Vouchers which accompany
the above-said application forms:
7.2.1. For goods manufactured
from imported raw materials and/or auxiliary materials with non-ASEAN and/or
unidentified origin:
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- Invoices and vouchers for
determining the CIF importing prices of raw materials and auxiliary materials
imported from outside ASEAN.
- Invoices and vouchers
evidencing the prices of raw materials and auxiliary materials with
unidentified origin.
7.2.2. For goods with gross
origin:
- Origin certificates that
satisfy form-D origin conditions from the ASEAN members.
- Mixing, manufacturing and/or
assembling processes or written explanation of mixing of input raw materials of
goods.
7.3. Papers that must be
submitted before receiving certificate of goods origin inspection (copies are
accepted, but the originals thereof must be produced for comparison),
including:
- Bills of lading;
- Commercial invoices and/or
papers evidencing FOB exporting prices of goods.
Article 8.- Applicants for form-D
goods origin inspection shall be held fully responsible before law for the
accuracy and truthfulness of details stated in the applications for inspection
as well as in accompanying vouchers.
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